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HomeMy WebLinkAbout1999 09 13 Informational Item A COMMISSION AGENDA ITEM A Consent Informational X Pu bUe Hearing Regular September 13. 1999 Meeting Mgr. / Authorizati REQUEST: Staff is requesting the Commission receive information on the Standard Building Code as it relates to questions raised by the Commission in the August 23, 1999 meeting regarding conservation areas and construction of docks. PURPOSE: The purpose of this agenda item is for staff to respond to questions raised by the Commission concerning the use of the Standard Building Code to regulate conservation areas and construction of docks. APPLICABLE LAW: Florida Statutes 101.3 Code Remedial 101.3.1 General. This code is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health, and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems. COD/September 3, 1999/4:38 PM SEPTEMBER 13,1999 INFORMATION AGENDA ITEM A Page 2 Florida Statutes 101.4.2 Building 101.4.2 Building. The provisions of the Standard Building Code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures. Florida Statutes 553.72 Intent 553.72. Intent. The purpose and intent of this act is to provide a mechanism for the promulgation, adoption, and enforcement of state minimum building codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety, health and general welfare for all the people ofPlorida at the most reasonable cost to the consumer. Florida Statutes 553.73 State Minimum Building Codes 553.73. State Minimum Building Codes Each local government and state agency with building construction regulation responsibilities shall adopt one of the State Minimum Building Codes as its building code, which shall govern the construction, erection, alteration, repair, or demolition of any building for which the local government or state agency has building construction regulation responsibility. If the One and Two Family Dwelling Code is adopted for residential construction, then one of the other recognized model codes must be adopted for the regulation of other residential and nonresidential structures. (4) Local governments and state agencies with building construction regulation responsibilities may provide for more stringent requirements than those specified in the State Minimum Building Codes provided: COD/September 3,1999/4:38 PM SEPTEMBER 13,1999 INFORMATION AGENDA ITEM A Page 3 (a) The local governing body determines, following a public hearing which has been advertised in a newspaper of general circulation at least 10 days before the hearing, that there is a need to strengthen the requirements of the State Minimum Building Codes adopted by such governing body. The determination must be based upon a review of local conditions by the local governing body, which review demonstrates that local conditions justify more stringent requirements that those specified in the State Minimum Building Codes for the protection of life and property. (b) Such additional requirements are not discriminatory against materials, products, or construction techniques of demonstrated capabilities. (c) Paragraphs (a) and (b) apply to the enforcing agency's adoption of more stringent requirements than those specified in the State Minimum Building Codes and to the adoption of building construction-related codes that have the effect of amending building construction standards contained in the State Minimum Building Codes. Upon request, the enforcing agency shall provide a person making application for a building permit, or any state agency or board with construction-related regulation responsibilities, a listing of all such requirements and codes. CONSIDERATIONS: 1. During the Commission public meeting of August 23, 1999 staff was asked to provide information on the scope and purpose of the Standard Building Code. 2. The intent of the Standard Building Codes is to "secure public safety, health and general welfare through structural strength, stability, sanitation, adequate light, and ventilation, and safety to life and property from fire and other hazards attributed to the built environment" . 3. The provisions of the Standard Building Code apply to the construction, alteration, repair, maintenance, removal and demolition, of buildings. COD/September 3,1999/4:38 PM SEPTEMBER 13, 1999 INFORMATION AGENDA ITEM A Page 4 4. The Code applies only as it pertains to safety e.g.; limiting occupant capacity, separation from other structures for fire safety and structural integrity. 5. The Building Code does not regulate land use, zoning, environmental issues or appropriate use of the land. 6. Florida recently established the Florida Building Commission to create a uniform building code for the entire state. Under their direction the new code is to be developed by November of this year, submitted to the 2000 Legislature to be signed into law and implemented January 1,2001. 7. No more local modifications to the new code may be submitted until the code is adopted. FINDINGS: I. The provisions of the Standard Building Code shall apply to construction, alteration, repair, equipment, occupancy, maintenance, removal and demolition of buildings and structures. 2. Zoning and comprehensive planning are the legal and administrative police powers delegated to the municipality by the state to regulate the use of land, the height and bulk of structures, the area of a lot and the size of open spaces, the density of population and the use of buildings. 3. Zoning has nothing to do with materials and manner of construction of a building, these are covered by the Building Code. 4. The Zoning Code does not regulate the design of streets, the installation of utilities, the reservation or dedication of parks, streets Rights-of-Way, school sites and related matters. These are controlled by subdivision regulations and Land Development standards. COD/September 3,1999/4:38 PM SEPTEMBER 13,1999 INFORMATION AGENDA ITEM A Page 5 CONCLUSION: The Standard Building Code cannot be used to regulate conservation areas and docks. ATTACHMENTS: A. Florida Statutes 553.72 B. Florida Statutes 101 COMMISSION ACTION: COD/September 3,1999/4:38 PM Ch. 553 BUILDING CONSTRUCTION STANDARDS F.S.1995 include. but not be limited to: standards of maintenance. condition of facilities, condition of systems and compo. nents, living conditions, occupancy, use. and room sizes. (5) "Local enforcement agency" means the agency of local government with authority to make inspections of buildings and to enforce the codes which establish standards for cons truclion, altera lion, repair, or demolition of buildings. (6) "Secretary" means the Secretary of Community Affairs. (7) "Threshold building" means any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. (8) "Load management control device" means any device installed by any electric utility or its contractors which temporarily interrupts electric service to major appliances, motors. or other electrical systems con. tained within the buildings or on the premises of con. sumers for the purpose of reducing the utility's system demand as needed in order to prevent curtailment of electric service in whole or in part to consumers and thereby maintain the quality of service to consumers, provided the device is in compliance with a program approved by the Florida Public Service Commission. Hislerv.-s. 2. eh. 74-167: s. I, eh. 75-111: s. I. eh. 71-365: s. 4, ell. 78-323: 55. 3,4. eh. 8...7; s. 77. ch. 8'-167: 55. 1.4. eh. 82-46: s. 80. eh. 83-55: 5.8. eh. 83-160: 5.2. eh. 83-265: s. I. eh. 84 -24: 5. ,. eh. 84 -365: 55. 5. 6. ell. 91..172: 5. 5. elt. 91-429: 5. 3. ell. 93-249. ; ..".. ~,,:":i' .....:.. . 553.72 Intent.- The purpose and intent of this act is to provide a mechanism for the promulgation, adop. tion, and enforcement of state minimum building codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety, health, and general welfare for all the people of Florida at the most reasonable cost to the consumer. Hislerv.-s. 3. eh. 74-167. 553.721 Surcharge.-In order for the Department of Community Affairs to administer and' carry out the pur. poses of this part and related activities, there is hereby created a surcharge. to be assessed at the rate of one- half cent per square foot under-roof floor space permit. ted pursuant to s. 125.56(4) or s. 166.201. However, for additions. alterations, or renovations to existing build. ings, the surcharge shall be computed on the basis 01 the square footage being added, altered, or renovated. The unit of government responsible for collecting a per. mit fee pursuant to s. 125.56(4) or s. 166.201 shall collect such surcharge and remit the funds collected to the department on a quarterly calendar basis beginning not later than October 31, 1995, for the preceding quarter, July 1, 1995, through September 3D, 19%, 3nd continuo ing each third month therealler: and such unit 01 govern. ment may retain an amount up to 5 i1crcent of the sur. charge collected to cover costs associated with the col. lection and remittance of such surch3f~J(). All lunds remitted to the department pursuant to this subsection shall be dei10sited in tllC Oi1cmlillg Tru~;1 Fund. Prior to the remittance 10 the dCi13rtrnent Oil Octol:Jcr 31, 1995, funds shall continue to be remitted to ttlC Dei13rtment of Health and Rehabilitative Services as provided under s. 404.056(3) for the final quarter of state fiscal year \994-1995. Funds collected Irom such surcharge shall not be used to fund research on techniques for mitiga. tion of radon in existing buildings. Funds used by the department as well as funds to be transferred to the Department of Health and Rehabilitative Services shall be as prescribed in the annual General Appropriations Act. H;stery.-5. I. ell. 88-285: s. 4. eh. 91..429: s. 28. eh. 92-113: s. 19. eh. 93-'20' 5.33. eh. 93-166: s. 2. eh. 94-284: s. 1. eh. 95-339. . Notc.-Formcr s. 404.056(3). 553.73 State Minimum Building Codes.- (1)(a) By October 1, 1984, local governments and state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction. Such code shall include the provisions of parts I-V, VII, and VIII, relating to plumb- ing, electrical requirements, glass, manufactured build- ings, accessibility by handicapped persons, and thermal efficiency, and shall be in addition to the requirements set forth in chapter 527, which pertains to liquefied petrOleum gas. (b) In the event that a special act of the Legislature, passed prior or subsequent to January 1, 1978. places responsibility for building construction regulation in a specified local board or agency, the words 'local government" and "local governing body" as used in this part shall be construed to refer exclusively to sllch local board or agency. (2) There is created the State Minimum Building Codes which shall consist of the following nationally rec- ognized model codes: (a) Standard Building Codes, 1988 edition, pertain- ing to building, plumbing, mechanical, and ~Ias, and excluding fire prevention: (b) EPCOT Code, 1982 edition: (c) One and Two Family Dwelling Code. 1986 edi. tion: and (d) The South Florida Building Code, 1988 edition. Each local government and state agency with building construction regulation responsibilities shall adopt one of the State Minimum Building Codes as its building code. which shall govern the construction, erection, alteration, repair, or demolition of any building for which the locat government or state agency has building con- struction regulation responsibility. If the One and Two Family Dwelling Code is adopted for residential con- struction, then one of the other recognized model codes must be adopted for the regulation of other residential and nonresidential structures. (3) The board may. by rule adopted in accordance with the requirements of chapter 120, designate all or a part 01 an updated or revised version of a model code listed in subsection (2) as a State Minimum Building Code. (4) Local governments and state agencies with building construction regulation responsil)ilities may provide for more stringent requirements than those specified in the State Minimum Building Codes pro' vided: '-:.">-: ;.:~.::~~ 1596 " ' F.S.1995 BUILDING CONSTRUCTION STANDARDS Ch. 553 ... _.~...." .-... ...:....:......-.-.,...... (a) The local governing body determines, lollovilng a public hearing which t1as been advertised in a newspa. per of general circulation at least 10 days belore lhe hearing. that there is a need to strengthen IIle require. ments of the State Minimum Building Codes adopted by such governing body. The determination must be based upon a review of local conditions by the local governing body. which review demonstrates that local conditions {ustify more stringent requirements than those specified in the State Minimum Building Codes for the protection of life and property. (b) Such additional requirements arc not discrimina. tory against materials, products. or construction tech. niques of demonstrated capabilities. (c) Paragraphs (a) and (b) apply to the enforcing agency's adoption of more stringent requirements than those specified in the State Minimum Building Codes and to the adoption of building construction-related codes that have the effect of amending building con. struction standards contained in the State Minimum Building Codes. Upon request, the enforcing agency shall provide a person making application for a building permit, or any state agency or board with construction- related regulation responsibilities, a listing of all such requirements and codes. (5) All code requirements in effect in any code enforcement jurisdiction on January " 1978, which are not inferior to the requirements of any model code speci. fied in subsection (2) are presumed to meet the condi- tions of subsection (4). (6) It shall be the responsibility of each municipality and county in the state and of each state agency with statutory authority to regulate building construction to enforce the specific model code of tile State Minimum Building Codes adopted by that municipality, county, or agency. in accordance with the provisions of S" 553.80. If such responsibility has been delegated to another unit of government pursuant to s. 553.79(9), the specific model code adopted by the delegate shall apply and be enforced. (7) The specific model code of the State Minimum Building Codes adopted by a municipality, county, or state agency shall regulate every type of building or structure. wherever it might be situated in the code enforcement jurisdiction: however. such regulations shall not apply to nonresiden1ial farm buildings on farms: to temporary buildings or sheds used exclusively for construction purposes; to mobile homes used as tempo- rary offices, except that the provisions of part V relating to accessibility by handicapped persons shall apply to such mobile homes used as temporary offices: or to any construction exempted under s. 553.80(3) by an enforcement district or local enforcement agency. The codes may be divided into a number of segments, as determined by the municipality, county. or state agency. These segments may be identified as I)uitding. mechani. cal. electrical. plumbing. or lire prevention codes or by other titles as are deemed proper. However. the State Minimum Building Codes shall not conlain a Musing code; nor shall the state inlerpose in the area of local housing codes. except upon request originating from an enforcement district or local enforcement <Jgcncy. -- (8)(a) In the event of a conllict L)elween the applica. ble minimum building code and the applicable minimum liresafety code. it shall be resolved by agreement l)elween the local building code enlorcement of Ii cia I and the local fire code enforcement official in favor of the requirement of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction. (b) Any decision made by the local fire official and the local building official may be appealed to a local administrative board designated by the municipality, county. or special district having firesafety responsibili- ties. If the decision 01 the local lire official and the local building official is to apply the provisions of either the applicable minimum building code or the applicable minimum liresafety code. the board may not alter the decision unless the board determines that the applica- tionol such code is not reasonable. II the decision of the local lire official and the local building official is to adopt an alternative to the codes. the local administrative board shall give due regard to the decision rendered by the local officials and may modily that decision il the administrative board adopts a better alternative. taking into consideration all relevant circumstances. In any case in which the local administrative board adopts alternatives to the decision rendered by the local lire offi. cial and the local building official, such alternatives shall provide an equivalent degree 01 lifesalety and an equiva- lent method 01 construction as the decision rendered by the local officials. (c) In the event that the local building official and the local fire official are unable to agree on a resolution 01 the conflict between the building code and the fire code. the local administrative board shall resolve the conflict in lavor of the code which offers the greatest degree of lifesalety or alternatives which would provide an equiva- lent degree 01 lifesalety and an equivalent method of construction. (d) The local administrative board shall. to the great- est extent possible, be composed of members with expertise in building construction and firesalety stand- ards. (e) All decisions of the local building official and local fire official and all decisions of the administrative board shall be in writing and shall be binding upon all persons but shall not limit the authority of the State Fire Marshal pursuant to s. 633.161. Decisions of general application shall be indexed by building and fire code sections and shall be available for inspection during normal business hours. (9) Except within coastal building zones as defined in s. 161.54. specification standards developed by nationally recognized code promulgation organizations to determine compliance with s. 1205 and the engineer- ing design criteria of s. 1205 of the Standard Building Code shall not apply to one or two family dwellings which are two stories or less in height unless approved by the Board of Building Codes and Standards for use or unless expressly made subject to said standards and criteria by local ordinance adopted in accordance with the provisions of subsection (4). I, I Ii It!1 ;!il I :1 .".::~~ ;11 : :I! . 1597 ~ I fa CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Scope. The provisions of this chapter shall govern the administration and enforcement of the Standard Building, Gas, Mechanical and Plumbing Codes, and the National Electrical Code, hereinafter referred to as the "technical codes," as may be adopted by the state or local jurisdiction. 101.2 Title, The provisions of the following chapters shall constitute and be known and be cited as the "Standard Building Code," hereinafter known as "this code." - 101.3 Code remedial 101.3,1 General. This code is hereby declared to be reme- dial and shall be construed to secure the beneficial inter- ests and purposes thereof, which are public safety, health, and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises, and by regulating the installation and mainte- nance of all electrical, gas, mechanical and plumbing sys- tems, which may be referred to as service systems. 101.3,2 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.3 Permitting and inspection. The inspection or permitting of any building, system or plan by any juris- diction, under the requirements of this code, shall not be construed in any court as a warranty of the physical con- dition of such building, system or plan or their adequacy. No jurisdiction nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. 101.4 Applicability 101.4.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. - 101.4.2 Building. The provisions of the Standard Building Code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, mainte- nance, removal and demolition. of every building or struc- STANDARD BUILDING CODEo 1997 ture or any appurtenances connected or attached to such buildings or structures. 101.4.3 Electrical. The proVISIOns of the National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurte- nances thereto. 101.4.4 Gas. The provisions of the Standard Gas Code shall apply to the installation of consumers' gas piping, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connec- tions of appliances, and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.5 Mechanical. The provIsIons of the Standard Mechanical Code shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cool- ing, air conditioning and refrigeration systems, incinera- tors, and other energy-related systems. 101.4.6 Plumbing, The provisions of the Standard Plumbing Code shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, and when connected to a water or sewerage system and all aspects of a medical gas system. 101.4.7 Federal and state authority, The provisions of this code shall not be held to deprive any Federal or State agency, or any applicable governing authority having jurisdiction, of any power or authority which it had on the effective date of the adoption of this code or of any reme- dy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law. 101.4.8 Appendices, To be enforceable, the appendices included in the technical codes must be referenced in the code text or specifically included in the adopting ordi- nance. 101.4.9 Referenced standards. Standards referenced in the technical codes shall be considered an integral part of the codes without separate adoption. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions connict with a standard. the code provisions shall be enforced. Permissive and advisory provisions in a stan- dard shall not be construed as mandatory.