Ch.553 BUILDING CONSTRUCTION STANDARDS F.S. 1987 CHAPTER 553 BUILDING CONSTRUCTION … · 2013. 9....

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1987

CHAPTER 553

BUILDING CONSTRUCTION ST AND ARDS

PART I PLUMBING (ss 55301-55314)

PART II ELECTRICAL CODi (ss 55315-55323)

PART Ill GLASS (ss 55324-55328)

PART IV FACTORY-BUil T HOUSING (ss 55335-55342)

PART V ACCESSIBILITY BY HANDICAPPED PERSONS (ss 55345-55349)

PART VI STATE MINIMUM BUILDING CODES (ss 55370-553895)

PART VII THERMAL EFFICIENCY STANDARDS (ss 553900-553912)

PART VIII ENERGY CONSERVATION STANDARDS (ss 553951-553975)

55301 55302 55303 55304 553041 55305

55306 55307

55308

55309

55310 55311 55312 55313

55314

Short title Purpose Definitions

PART I

PLUMBING

Bond of plumbing contractor requisites form Exemptions County plumbing inspectors employment

qualifications duties exemption of certain municipalities and districts

State Plumbing Code adopted Plumbing permits inspection fee amount

disposition exception Inspectors for municipalities service or sanishy

tary districts permits inspection fee amount

Advisory council for uniform interpretation of plumbing code members terms

Penalty for violations Construction limitation of this part Counties excepted from this part Counties exempt from provisions of chapter

28181 Laws of Florida 1953 Water closets maximum quantity of water per

flush shower heads and faucets maximum flow rate exceptions penalty

55301 Short title-Part I of this chapter shall be known by the title of Florida Plumbing Control Act of 1951

Hiatory-s 1 ch 26904 1951

55302 Purpose-The purpose of this part is to proshymote the public health and safety in this state by the regulation of plumbing contractors and plumbing

Hiatory-s 1 ch 26904 1951

55303 Definitions-For the purpose of this part the following terms when used in this part or the rules and regulations or orders made pursuant thereto shall be construed respectively to mean

(1) A plumbing contractor is any person except an employee of a licensed bonded plumbing contractor who is engaged in or working at the business of plumbshying in the state who has furnished the necessary bond that he will do all plumbing in this state in compliance with the minimum requirements of the State Plumbing Code and who obtains a state and county occupational license and any other license when required to engage in or work at the business of plumbing

(2) Plumbing is the practice materials and fixtures used in the installation maintenance extension and alshyteration of all piping fixtures appliances and appurteshynances in connection with any of the following Sanitary drainage or storm drainage facilities the venting sysshytem and the public or private water-supply systems within or adjacent to any building structure or conveyshyance also the practice and materials used in the installashytion maintenance extension or alteration of the storm water or sewerage and water supply systems of any premises to their connection with any point of public disshyposal or other acceptable terminal

(3) Plumbing fixtures are installed receptacles deshyvices or appliances which are supplied with water or which receive or discharge liquids or other liquid-borne water with or without discharge into the drainage sysshytem with which they may be directly or indirectly conshynected

(4) Minor maintenance is those repairs involving only the working parts of a faucet or valve the clearance of stoppage repairing of leaks or replacement of defecshytive faucets or valves

Hlatory-s 2 ch 26904 1951

55304 Bond of plumbing contractor requisites form-

(1) Any person except an employee of a licensed bonded plumbing contractor who desires to engage in or work at the business of plumbing in counties in the state that have through their boards of county commisshysioners elected to place said counties under the operashytion of this part shall before engaging or working at the business of plumbing in said counties give bond in the sum of $5000 payable to the Governor of the state and

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FS 1987 BUILDING CONSTRUCTION ST AND ARDS Ch553

his successors in office with two or more good and suffishycient sureties to be approved by the board of county commissioners of the county in which the said person intends to engage or work as a plumbing contractor and to be filed with the clerk of the circuit court of the county in which the said person intends to so engage or work which said bond shall be conditioned upon the said pershyson complying with the minimum requirements of the State Plumbing Code in regards to all plumbing done by said person in this state Upon said plumbing contractor obtaining said bond and filing said bond with the clerk of circuit court as aforesaid the said plumbing contracshytor is thereby entitled to have issued to him by the said clerk of circuit court a certificate to the effect that said bond has been filed by said plumbing contractor in said county Said certificate shall be accepted in lieu of bond by other counties in which said plumbing contracshytor may desire to work

(2) The requisite of two sureties and justification of same shall not apply where surety is by a solvent surety company authorized to do business in this state

(3) The form of said bond shall be substantially as follows

(a) Know all men by these presents that we __ (hereinafter called the principal) and __ a corporation duly qualified and authorized under the laws of the State of Florida to act as surety on bonds (hereinafter called the Surety) are held and firmly bound unto __ Govershynor of the State of Florida and his successors in office in the penal sum of $5000 lawful money of the United States of America the true payment whereof well and truly to be made we do bind ourselves our respective heirs executors administrators successors and asshysigns jointly and severally firmly by this bond

(b) The condition of this bond is that if the above bonded principal the said __ shall protect the State of Florida against all loss or damage occasioned by the negligence of the said principal herein in failing to propshyerly execute and protect all plumbing done by said prinshycipal or the employees of said principal or under the dishyrection and supervision of said principal and from all loss or damage occasioned by or arising in any manner from any such work done by said principal or the employees of said principal or under the direction or supervision of said principal which is not caused by the negligence of the State of Florida or its agents or employees or by the negligence of the agents or employees of the county in which such plumbing is performed or by the negligence of the employees of the city in which such plumbing is performed and further will keep and observe all laws of the State of Florida relating in any way to plumbing and all local ordinances where such plumbing is done which relate in any way to plumbing and shall do all the plumbshying in compliance with the minimum requirements of the State Plumbing Code and shall further without additional cost to the person for whom the plumbing is done remeshydy any defects in said work due to faulty material furshynished or used by said principal and shall further reconshystruct and repair any such defective plumbing work or material to the satisfaction of the county plumbing inshyspector of the county where such plumbing is done or to the satisfaction of the city plumbing inspector where such plumbing is done in cities of 7500 or more popula-

tion or to the satisfaction of the city or district plumbing inspector where such plumbing is done in cities and towns of less than 7500 population or legislatively creatshyed governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners at any time within 1 year after the construction alteration or installation thereof by said principal or under his direction or supershyvision and within 48 hours after notice from the county plumbing inspector or the city plumbing inspector or the district plumbing inspector to reconstruct or repair same then this obligation shall become null and void else to remain in full force and effect

(c) Any failure or default on the part of the principal in remedying any defects in plumbing due to faulty workshymanship and incorrect construction or due to faulty mashyterial furnished or used by principal shall give the person for whom such work is performed a direct right of action against the principal and surety under this obligation provided however that no suit action or proceeding by reason of any default whatever shall be brought on this bond after 1 year from the date of the final completion of such plumbing by the principal for such third person

(d) The premium anniversary date of this bond shall be on October 1 of each year the first anniversary being October 1 1951 Signed sealed and delivered in the presence of

As to the Principal

As to the Surety

Approved

Clerk of Board of County Commissioners of __ County

ltPrincipal (SEAL)

_(SEAL)

By (Attorney in fact

History-s 3 ch 26904 1951 s 1 ch 28181 1953 s 1 ch 28252 1953

553041 Exemptions-No person desiring to enshygage in or work as a plumbing contractor in the state in any county in which the board of county commissioners shall not have employed a plumbing inspector as providshyed ins 55305 shall be required to give bond as required by the provisions of s 55304 before engaging in or working as a plumbing contractor anything in the provishysions of this part to the contrary notwithstanding

History-s 1 ch 28038 1953

55305 County plumbing inspectors employment qualifications duties exemption of certain municipalishyties and districts-

( 1) Each county in this state acting through its board of county commissioners may at the discretion of said board of county commissioners employ one or more plumbing inspectors to inspect all plumbing inshystalled within such county except within the corporate limits of cities of 7500 or more population Each said plumbing inspector as aforesaid must be a practical plumber of not less than 10 years experience and shall

2053


not be connected with the plumbing business in any manner after such employment The said plumbing inshyspector shall be under the direct supervision of the board of county commissioners and his salary shall be determined by said board In counties having county health units it would be desirable to have inspector work in cooperation with such units The said plumbing inspector shall be qualified to perform duties in matters pertaining to the gathering of evidence in any violation of the provisions of this part swearing out warrants apshypearing before courts in prosecution and any other matshyters pertaining to the enforcement of the provisions of this part but said inspector shall not be entitled to reshyceive any witness or other fees out of the fine and forfeitshyure fund of any county on account of his testifying as a witness or any other services rendered by him under this part It shall be the duty of the plumbing inspector to inshyspect plumbing in his county with respect to mode of inshystallation materials used workmanship employed State Plumbing Code specifications met and testing used all to comply with and conform with the minimum requirements of the State Plumbing Code and the laws of the state in regard to plumbing Each said county actshying through its board of county commissioners may exshyempt from county plumbing inspection cities and towns of less than 7500 population and legislatively created governing service or sanitary districts which said cities and towns and districts have in existence or which enact plumbing code ordinances meeting or surpassing the minimum requirements for plumbing as set out in State Plumbing Code and which hire only plumbing inspectors who meet the minimum requirements and qualifications as hereinabove set out for county plumbing inspectors and which said cities and towns and districts conduct inspections complying with the minimum state requireshyments

(2) Two or more counties may jointly hire one or more plumbing inspectors to act as inspectors or inshyspector for such counties jointly hiring such inspector or inspectors

(3) It shall be the duty of the plumbing inspectors in cities of 7500 or more population and also in cities and towns of less than 7500 population and legislatively creshyated governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners to inspect plumbing in their respective corporate limits with respect to mode of installation materials used workmanship employed State Plumbing Code specifications met and testing used all to comply with the minimum requirements of the State Plumbing Code and the laws of the state and the ordinances of the particular municipality or district in regard to plumbing Cities of 7500 or more population and also cities of less than 7500 population and legislashytively created governing service or sanitary districts which have been exempted from county plumbing inshyspection by the board of county commissioners are hereby authorized to use their own inspection system provided the said cities and towns and districts comply with the minimum requirements of the State Plumbing Code Nothing herein shall prohibit such cities and towns and legislatively created governing service or sanitary districts from enacting more stringent require-

ments in regard to plumbing and inspection than are set out in this part

(4) If the board of county commissioners of any county so desires it may designate a qualified city or governing service or sanitary district plumbing inspecshytor as its county plumbing inspector

Hiatory-ss 5 7 ch 26904 1951 s 1 ch 28181 1953

55306 State Plumbing Code adopted-Chapter VIII of the Florida State Sanitary Code of the Department of Health and Rehabilitative Services adopted in acshycordance with chapter 381 is hereby adopted as the State Plumbing Code and all installations repairs and alterations to plumbing shall from October 1 1951 be performed in accordance with its provisions At least three copies of said Chapter VIII of the Florida State Sanshyitary Code shall be kept on file at the board of county commissioners in each said county of the state and shall be marked with the words County of __ official copy

History-s 6 ch 26904 1951 ss 19 35 ch 69-106 s 451 ch 77-147

55307 Plumbing permits inspection fee amount disposition exception-The board of county commisshysioners of each county except within the corporate limshyits of cities of 7500 or more population and also except within the corporate limits of cities and towns of less than 7500 population and legislatively created governshying service or sanitary districts which have been exshyempted from county plumbing inspection by the board of county commissioners may charge and collect a reashysonable fee for the cost of inspection which fee shall not be less than $150 for each plumbing permit issued for each building and $1 for each fixture up to and including the first eight fixtures and 50 cents for each fixture thereshyafter installed in connection with such plumbing work in such county The said permit shall be issued in triplicate the original going to the plumbing contractor one copy to be retained by the issuing officer who should be the plumbing inspector in the county and one copy to be filed in the records of the county depositor All such fees shall be paid at the time of the application for a permit to do such work and prior to the installation of any plumbing material and all such fees collected under this part shall be deposited by the plumbing inspector in the county depository and shall be used tor the inspection of plumbing and the enforcement of this part in such county

Hiatory-s 7 ch 26904 1951 s 1 ch 28181 1953

55308 Inspectors for municipalities service or sanitary districts permits inspection fee amountshyCities of 7500 or more population and also cities and towns of less than 7500 population and legislatively creshyated governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners shall employ one or more plumbing inspectors to inspect plumbing within the corporate limits of said city or district and for such inspection service shall charge and collect a reasonable fee for the cost of such inspections which fee shall not be less than $150 for each plumbing installation permit issued for each building and $1 for each fixture up to and including the first eight fixtures and 50 cents for each fixshyture thereafter installed in connection with such plumb-

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FS 1987 BUILDING CONSTRUCTION STANDARDS Ch553

ing to be performed within the corporate limits of such cities or districts all such fees to be paid at the time of application for a permit to do such work and prior to the installation of any plumbing material All fees collected under this part by the cities and districts shall be used for the inspection of plumbing and the enforcement of this part in such cities and districts

History-s 8 ch 26904 1951 s 1 ch 28181 1953

155309 Advisory council for uniform interpretation of plumbing code members terms-As an aid to unishyform interpretation of the State Plumbing Code a volunshytary advisory council may be organized immediately afshyter October 1 1951 This advisory council shall be comshyposed of three members one of whom shall be selected by the plumbing inspectors in this state one of whom shall be selected by the plumbing contractors in this state and one of whom shall be selected by the 2Divishysion of Health The members of the said council shall serve terms in the following manner The first person seshylected by the said 2Division of Health shall serve on said council for a period of 3 years the first person selected by the said plumbing inspectors shall serve on said council for a period of 2 years and the first person seshylected by said plumbing contractors shall serve on said council for a period of 1 year all persons who shall thereshyafter serve on said council shall serve for a period of 3 years The members of said council shall serve without pay unless their respective organizations which selectshyed them shall see fit to reimburse them for their time and expenses incurred while serving on said council The said council shall give its opinion and advice to the said plumbing inspectors of this state on the construction and interpretation of the State Plumbing Code The conshystruction and interpretation of the said State Plumbing Code as given by the said council shall be given great weight by the said plumbing inspectors of this state

Hislory-s 11 ch 26904 1951 ss 19 35 ch 69-106 s 1 ch 82-46 s 2 ch 83-265

1Nole-Repealed effective October 1 1989 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

2Note-Section 3 ch 75-48 abolished the Division of Health of the Department of Health and Rehabilitative Services and assigned its functions to the department

55310 Penalty for violations-Any person violating any provisions of this part shall upon conviction of each violation thereof be guilty of a misdemeanor of the secshyond degree punishable as provided in s 775082 or s 775083

History-s 12 ch 26904 1951 s 549 ch 71-136

55311 Construction limitation of this part-(1) Nothing herein contained shall limit or repeal the

authority of the Department of Health and Rehabilitative Services as granted by law however this part shall not affect laws or parts of laws establishing plumbing codes nor shall it be applicable in counties where plumbing codes have been established by local or special laws or general bills of local application at the option of county commissioners of said counties

(2) The provisions of this part shall not apply to minshyor maintenance or repairs of plumbing fixtures by pershysons firms or corporations upon their own property proshyvided the minimum requirements of the State Plumbing Code are observed

(3) The provisions of this part shall not be construed as being in conflict with chapter 1469 relating to plumbshyers

(4) Nothing herein contained shall prohibit any bona fide owner from personally installing plumbing in his own residence

History-ss 4 9 10 14 ch 26904 1951 ss 19 35 ch 69-106 s 11 ch 79-12 1Note-Chapter 469 was repealed bys 4 ch 85-76 ands 2 ch 81-318

55312 Counties excepted from this part-The proshyvisions of this part shall not apply to

(1) Any county having a population of less than 26000 according to the last official census

(2) Any county having a population according to the last official census of not less than 50000 nor more than 52000

(3) Counties having a population of more than 70000 and less than 7 4200 according to the latest offishycial decennial census

(4) Counties having a population according to the last official census of not less than 80000 and not more than 90000

History-ss 2 5 14 ch 26904 1951 s 1 ch 29976 1955 s 1 ch 61-44 s 1 ch 69-320 cf-s 11031 Official census

55313 Counties exempt from provisions of chapter 28181 Laws of Florida 1953-The provisions of chapshyter 28181 acts of 1953 shall not apply to any county which is excepted from the provisions of this part in s 55312 The provisions of chapter 28181 acts of 1953 shall not apply to the Counties of Madison Taylor Jeffershyson Alachua Lake Bradford Union Levy Dixie Gilchrshyist Columbia Baker Clay Gulf Calhoun Washington Wakulla Franklin Liberty Santa Rosa Walton Holmes St Johns Flagler Hardee Glades DeSoto Highlands Sumter Citrus Hernando Hamilton Marion Suwannee and Lafayette

Hislory-s 2 ch 28181 1953 s 1 ch 57-1993 s 2 ch 69-320

55314 Water closets maximum quantity of water per flush shower heads and faucets maximum flow rate exceptions penalty-

(1) This section may be cited as the Water Consershyvation Act

(2(a) After September 1 1983 no new building shall be constructed which

1 Employs a tank-type water closet having a tank capacity in excess of 312 gallons of water or

2 Employs a shower head or faucet that allows a flow of more than an average of 3 gallons of water per minute at 60 pounds of pressure per square inch

(b) The requirements of paragraph (a) apply to an addition to or a renovation of an existing building only if the cost of the addition or renovation exceeds 25 pershycent of the value of the existing building and compliance with the requirements of this section will not require subshystantial modification of the existing plumbing system

(c) In satisfaction of the requirements of this section the installation of tank-type water closets having a tank capacity in excess of 312 gallons shall be permitted if such water closets are equipped with a device which reshyduces average water consumption to no more than 312 gallons per flush

2055


(3) Any official board department or agency estabshylished and authorized by the state or by a county city or other political subdivision created by law to adminisshyter and enforce the provisions of the plumbing codes and amendments thereto may allow the use of standard flush toilets if in the opinion of such board department or agency the configuration of the building drainage system requires a quantity of water greater than 312 galshylons to adequately flush the system

(4) Any person who violates the provisions of this section is guilty of a noncriminal violation punishable by a fine not to exceed $250

Hletory-ss 1 2 ch 82-108

55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE

Short title Purpose Application Scope Adoption of electrical standards State county and municipal responsibility Enforcement districts District enforcement departments Furnishing copies of local codes

55315 Short title-Part II is entitled the Florida Electrical Code and may be so cited Hereafter in part II of this chapter it is referred to as this code

Hiatory-s 1 ch 70-332

55316 Purpose-The purpose of this electrical code is to provide certain uniform minimum standards regulations and requirements for safe and stable deshysign methods of construction and uses of materials in electrical wiring apparatus or equipment used for light heat or power which will afford reasonable protection for public safety health and general welfare

Hlstory-s 2 ch 70-332

55317 Application-This code shall apply stateshywide in both incorporated and unincorporated areas to all new buildings and structures both private and pubshylic and to all alterations in any new or existing building or structure but shall not apply to nonresidential farm buildings


55318 Scope-(1) The standards prescribed by this code constishy

tute minimum electrical requirements for the protection of the health and the safety of the public

(2) County municipal improvement district or state governing bodies may adopt and enforce additional or more stringent standards or administrative procedures and requirements than those prescribed by this code including but not limited to fees if the standards or adshyministrative procedures and requirements are in conshyformity with standards set forth in s 55319

(3) Nothing in this code shall be construed as repealshying or superseding provisions of electrical codes legally in use by any municipality or county when such provi-

sions are not inferior to those set forth in this code Hletory-s 4 ch 70-332

55319 Adoption of electrical standards-For the purpose of establishing minimum electrical standards in this state the following standards are adopted

(1) National Electrical Code 1984 NFPA No 70-1984 with the exception of Article 210-8 Ground Fault Circuit Protection

(2) Underwriters Laboratories Inc Standards for Safety Electrical Lighting Fixtures and Portable Lamps UL 57-1982 and UL 153-1983

(3) Underwriters Laboratories Inc Standard for Electric Signs UL 48-1982

(4) The provisions of the following which prescribe minimum electrical standards

(a) NFPA No 56A-1978 Inhalation Anesthetics 1978

(b) NFPA No 568-1982 Respiratory Therapy 1982 (c) NFPA No 56C-1980 Laboratories in Healthshy

related Institutions 1980 (d) NFPA No 56D-1982 Hyperbaric Facilities (e) NFPA No 56F-1983 Nonflammable Medical

Gas Systems 1983 (f) NFPA No 76A-1984 Essential Electrical Sysshy

tems for Health Care Facilities 1984 (5) Chapter 10D-29 of the rules and regulations of

the Department of Health and Rehabilitative Services entitled Nursing Homes and Related Facilities Licenshysure

(6) The minimum standards for grounding of portashyble electric equipment chapter 8C-27 as recommended by the Industrial Standards Section Division of Workers Compensation Department of Labor and Employment Security

Hiatory-s 5 ch 70-332 s 1 ch 72-292 s 1 ch 73-283 s 1 ch 75-55 s 452 ch 77-147 s 1 ch 77-174 s 1 ch 78-62 s 46 ch 79-7 s 79 ch 79-40 s 1 ch 82-15 s 1 ch 84-66 s 1 ch 84-273

55320 State county and municipal responsibility -It is the responsibility of the governing bodies of the state and each county and municipality of the state to provide for the enforcement of this code in the areas of their jurisdiction

Hlatory-s 6 ch 70-332

55321 Enforcement districts-Any county or mushynicipality or any two or more counties or municipalities or any combination thereof may be created into an enshyforcement district for the purpose of enforcing and adshyministering the provisions of this code


55322 District enforcement departments-Each enforcement district created pursuant to s 55321 by appropriate action of the governing body or bodies thereof shall

(1) Establish and operate an enforcement departshyment

(2) Employ an official or inspector who shall be the departments administrative officer

(3) Employ such inspectors and other personnel as may be necessary to administer and enforce the provishysions of this code Inspectors shall have at least 10 yearsmiddot previous background and experience in the elec-

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FS 1987 BUILDING CONSTRUCTION STANDARDS Ch 553

trical trade Personnel employed pursuant to this submiddot section may be on a fee part-time contractual or other basis acceptable to the enforcement authorities

Hletory-s 8 ch 70-332

55323 Furnishing copies of local codes-The govmiddot erning body of any county or municipality shall furnish to the Department of State upon request a certified copy of any current electrical code being enforced by it


55324 Purpose 55325 Definitions 55326 Application

PARTlll

GLASS

55327 Adoption of standards 55328 Warranty noncompliance a misdemeanor

55324 Purpose-The purpose of part 111 is to remiddot quire the use of safety glazing materials in all glass doors bathtub and shower enclosures and hazardous locations in all phases of construction which will protect the public safety health and general welfare

Hlttory-s I ch 70-377

55325 Definitions-( 1) Hazardous locations means those fixed glazed

panels adjacent to a door or which may be mistaken for means of ingress or egress the dimensions of which are more than 24 inches in width and more than 6 feet in height and the bottom of which is less than 2 feet above the floor level

(2) Glass doors means all doors whether sliding or swinging for which the dimensions of the glass are more than 18 inches in width or more than 4 feet in height


55326 Application-Part Ill shall apply statewide in both incorporated and unincorporated areas to all new buildings and structures both public and private and to all alterations or permanent replacements in any new or existing buildino or structure

Hfetory-s 3 ch i~-377

55327 Adoption of standards-The following are adopted as minimum standards for transparent and obmiddot scure glazing material used in all glass doors bathtub and shower enclosures and hazardous locations

(1) All such glass shall meet the requirements of the United States of America Standard 2971 - 1966 which shall apply to obscure as well as transparent glazing mamiddot terials

(2) Glass shall be labeled to show the name of the manufacturer quality type and thickness

Hfatory-s 4 ch 70-377

55328 Warranty noncompliance a misdemeanor (1) Any person or firm that installs any glass subject

to this part warrants that said glass is in compliance with this part

(2) Any person who does not comply with the standmiddot ards established by this part in any phase of construemiddot lion in this state is guilty of a misdemeanor of the second

degree punishable as provided in s 775082 or s 775083

(3) The provisions of this part shall not apply to loumiddot ver glass doors or windows with screens

Hlatory-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 553381

55339 55341 55342

PART IV

FACTORY-BUILT HOUSING

Short title Definitions Rules inspections and insignia Application and scope Manufacturer certification product liability inmiddot

surance as prerequisite Injunctive relief Penalties Legislative intent

155335 Short title-This part shall be known and may be cited as the Florida Manufactured Building Act of 1979

Hlatory-s 1 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 2 3 ch 81-318 SS 3 4 Ch 84-32

Note-Repealed effec11ve October 1 1994 bys 4 ch 84-32 and scheduled lor review pursuant 10 s I 1611n advance ot lha1 dale

155335 Definitions-The definitions contained in this section govern the construction of this part unless the context otherwise requires

(1) Approved means conforming to the requiremiddot ments of the Department of Community Affairs

(2) Approved inspection agency means an organimiddot zation determined by the department to be especially qualified by reason of facilities personnel experience and demonstrated reliability to investigate test and evaluate manufactured building units or systems or the component parts thereof together with the plans specimiddot fications and quality control procedures to ensure that such units systems or component parts are in full commiddot pliance with the standards adopted by the department pursuant to this part and to label such units complying with those standards

(3) Closed construction means that condition when any building component assembly subassemmiddot bly or system is manufactured in such a manner that all portions cannot be readily inspected at the installation site without disassembly or destruction thereof

(4) Open construction means any building buildmiddot ing component assembly or system manufactured in such a manner that all portions can be readily inspected at the building site without disassembly thereof damshyage thereto or destruction thereof

(5) middotcomponent means any assembly subassemmiddot bly or combination of parts for use as a part of a buildshying which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Commushynity Affairs

(7) Insignia means an approved device or seal isshysued by the department to indicate compliance with the standards and rules established pursuant to this part

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Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1987

(8) Install means the assembly of a manufactured building component or system on site and the process of affixing a manufactured building component or sysshytem to land a foundation or an existing building and service connections which are a part thereof

(9) Local governmentbull means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacturemiddot means the process of making fabmiddot ricating constructing forming or assembling a product from raw unfinished semifinished or finished materials

(11) Manufactured building means a closed strucshyture building assembly or system of subassemblies which may include structural electrical plumbing heatshying ventilating or other service systems manufactured in manufacturing facilities for installation or erection with or without other specified components as a finshyished building or as part of a finished building which shall include but not be limited to residential commershycial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturshyer any building of open construction made or assemshybled in manufacturing facilities away from the building site for installation or assembly and installation on the building site

(12) Mobile homemiddot means any residential unit conshystructed to standards promulgated by the United States Department of Housing and Urban Development

(13) Site is the location on which a manufactured building is installed or is to be installed

(14) System means structural plumbing mechanishycal heating electrical or ventilating elements materishyals or components combined for use in a building

Hiatory- s 2 ell 71-172 $ 1 ch 74-208 $ 3 ell 7EH68 $ 1 ch 77-457 SS 1 6 Ch 79-152 S 76 ell 81middot167 SS 2 3 ch 81-318 S 79 ch 83-55 SS 3 4 ch 84-32

bullNote -Repealed elfec1ive Oc1ober 1 1994 bys 4 ell 84-32 and scheduled tor reVJew pursuan1 10 s 11 61 1n advance of thal dale

155337 Rules inspections and insignia-(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted purshysuant to this part no manufactured building except as provided in subsection (9) may be installed in this state unless it is approved and bears the insignia of approval of the department Approvals issued by the department under the provisions of the prior part shall be deemed to comply with the requirements of this part

(3) All manufactured buildings issued and bearing insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordishynances or rules enacted by any local government which governs construction

(4) No manufactured building bearing department insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation except in conshyformance with the rules of the department

(5) Manufactured buildings which have been issued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not require an addi-

tional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the standards for construction and inspection of manufactured buildshyings prescribed by statute or rule of another state are at least equal to rules prescribed under this part and that such standards are actually enforced by such other state it may provide by rule that the manufactured building which has been inspected and approved by such other state shall be deemed to have been apshyproved by the department and shall authorize the affixshying of the appropriate insignia of approval

(7) The department by rule shall establish a schedshyule of fees to pay the cost incurred by the department for the work related to administration and enforcement of this part

(8) The department may delegate its enforcement authority to a state department having building conshystruction responsibi lities or a local government The deshypartment itself shall not inspect manufactured buildings but shall delegate its inspection authority to a state deshypartment having building construction responsibil ities a local government an approved inspection agency or an agency of another state

(9) Custom or one- of- a-kind prototype manufacshytured buildings shall not be required to have state apshyproval but must comply with all local requirements of the governmental agency having jurisdiction at the installashytion site

Hi1tory-s 3 ch 71-172s 1 ch 74- 208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 1 4 Ch 80--86 SS 2 3 Ch 81-318 SS 1 3 4 ch 84middot32

Note-Expes October 1 1994 pursuant to s 4 ch 84-32 and 1s schedUled lor rev1ew pursuant 10 s 11 61 in advance ol that dale

155338 Application and scope-(1) The department shall promulgate rules which

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard reshyquirements site development requirements property line requirements subdivision control and onsite instalshylation requirements as well as the review and regulation of architectural and aesthetic requirements are specifishycally and entirely reserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a conventionally constructed or manufacshytured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factory-built structure Such fees shall be equal to the amount charged for similar inspections on conventionally built housing

Hi1tory-s 4 ch 71 - 172 s 1 ch 74- 208 s 3 ch 76-168 s 1 ch 77- 457 s 3 ch 78- 323 $$ 1 6 ch 79-152 $$ 2 4 ch 80-86 SS 2 3 ch 81-318 SS 3 4 ch 84-32

Note-Repealed elfeclbullve Oclobelt 1 1994 bys 4 ch 84-32 and scheduled lor re111ew pursuant to s 1 t 61 in advance ol 1ha1 dale

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1553381 Manufacturer certification product liabilishyty insurance as prerequisite-As a prerequisite to obshytaining approval to produce manufactured buildings for sale in the state the manufacturer must submit evishydence that he has product liability insurance for the safety and welfare of the public in amounts determined by rule of the department

History-ss 2 4 ch 84-32 bullNote-Expcres Oc1obcr t t994 pursuan1 10 s 4 ch 84-32 and os scheduled

0lt review porsuan1 to s It 6t on advance of lhat dale

155339 Injunctive relief - The department may seek injunctive or other relief from the circuit court of apshypropriate jurisdiction to compel compliance with the reshyquirements of this part or with rules issued pursuant thereto or to enjoin the sale delivery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the reshyquirements of this part or to rules issued pursuant thereshyto Noncompliance with this part or the rules promulgatshyed under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under the authority of this part

History- s 6 ch 71-t72 s t ch 74 208 s 3 en 76- t68 s 1 ch 77- 457 ss 1 6 ch 79- 152 SS 3 4 ch 80- 86 SS 2 3 Ch 81 - 318 SS 3 4 ch 84-32

Note- Repeated effec1rve October I t994 bys 4 ch 84-32 and scheduled for review pursuant to s 11 St on advance of 1ha1 date

155341 Penalties- Any person who violates any of the provisions of this part is guilty of a misdemeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

Hlstory-s SA ch 7t - t72 s I ch 74-208 s 3 ch 76- t68 s 1 ch 77-457 SS I 6 Ch 79- 152 SS 2 3 ch 81-3t8 SS 3 4 Ch 84-32

Note-Repealed etfechve OclOber 1 1994 bys 4 ch 84-32 and scheduled 10lt review pursuant to s t 1 61 in advance of that date

155342 Legislative intent- Nothing herein shall act to nullify or supersede the provisions of chapter 527 reshylating to sale use or storage of liquefied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74 206 s 3 ch 76-168 s I ch 77-457 ss 1 6ch 79- t52 ss 2 3 ch 81-318 u 3 4 ch 84- 32

1Note-Repealed elfec11vc October 1 1994 bys 4 ch 84-32 and scheduled for review pursuant 10 s I 1 61 on advance of lhal date

PART V

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

553485

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibili ty penshyalty

Building classifications Accessibility features required of new buildshy

ings exceptions Interior doors local option for minimum clearshy

ance Modifications and waivers advisory commitshy

tee

55345 Definitions- For purposes of this part (1) Physically handicapped personmiddot means any pershy

son suffering from a physical disability including blindshyness and the loss of one or more life functions leaving that person mobility- impaired or sensory-impaired re-

quiring the use of prosthetic equipment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing independent living facilities for one or more persons inshycluding permanent provisions for living eating cooking or sleeping and shall include but not be limited to moshytels apartment houses rooming houses dormitories and other similar facili ties

History-s I Ch 74-292 s 1 Ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obshystruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible entrance and exit used by the general public and appropriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Acshycessible to and Viable by the Physically Handicapped (ANSI A1171) The provisions of this subsection shall not apply to buildings or facilities which are either existshying under construction or under contract for construcshytion on October 1 1974

(2) Posts or similar barricades at common or emershygency entrances and exits of establishments that are existing under construction or under contract for conshystruction which would prevent a person from using such entrances or exits shall be removed

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misdemeanor of the second degree punishable only by fine as providshyed in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purposes of this part the following classifications are adopted

( 1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaurants churchshyes and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasoshyline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civshyic administration buildings telephone exchanges museshyums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roomshyinghouses dormitories fraternity houses sorority housshyes monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 7$-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

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(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 197 4

(2) All new buildings as defined in this part except those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or othshyer abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inches horishyzontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a required means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple-leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be provided from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildings at each floor and at ground floor level except as providshyed in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall complyshying with the standard set forth in paragraph (I) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restshyrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

U) Restrooms made accessible to the handicapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in diameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorways requiring accessibility shall be ramped

(I) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the American National Standards Institute ANSI A 1171 except as modified by this part and except as otherwise provided ins 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the acshycessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features reshyquired in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be performed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handicapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be reshyquired to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usshyable by the physically handicapped at such habitable grade levels

(c) Residential occupancies Two-story and threeshystory buildings with less than 49 units having accessibilshyity at habitable grade levels shall not be required to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenshyty-five percent of the total number of living units shall comply with the provisions of this part provided that acshycessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provisions of subsection (2)

(d) Within living units hallways having no walkshythrough openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the provisions of this section

(f) Single-family dwellings condominiums townshyhouses and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7 feet or less that are integral with walkways platforms courtshyyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

Hlstory-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145 s 9 ch 84-273

553485 Interior doors local option for minimum clearance-Notwithstanding the exemptions provided in this part any county or municipality may by ordinance require with respect to new construction within its jurisshydiction that all interior bath and toilet room doors in all living units and in all hotels motels and similar strucshytures at the ground floor level and on all other floors sershyviced by elevators have a minimum of 29 inches of clear opening except that storage rooms and closets may be exempted from this requirement


155349 Modifications and waivers advisory comshymittee-

(1) The Florida Board of Building Codes and Standshyards shall provide by regulation criteria for granting indishyvidual modifications of or exceptions from the literal reshyquirements of this part upon a determination of unnecshyessary or extreme hardship provided such waivers shall not violate federal accessibility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Govshyernors Committee on Employment of the Handicapped Director Division of Blind Services Director of the Divishysion of Vocational Rehabilitation and President Florida Council of Handicapped Organizations or their desig-

2060


nees Upon application made in the form provided an individual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards provided in anshyother chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetings of the board

H11tory-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 s 25 ch 86-220 Note-A Repealed effective OctObef 1 1991 bys 1 ch 82-46 as amended by s 2

ch 83-265 and scheduled for review pursuant to s 11 611 in advance o that date 8 Sectoon 25 ch 86-220 purported to amend middotsection 55349 but did not set

out in full the amended sectt0n to include subsectt0n (2) In the absence of afhtmashytive evidence that the Legislature intended to repeal subsection (2) coupled with the fact that the form of the amendment by s 25 attlfmatively evidences an 111tent to preserve the existing subsectlOll structure of s 55349 s 55349 is set out in luff here pending cla11licatlon by further action by the Legislature

55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Standshy

ards Organization of board rules and regulations

meetings staff fiscal affairs General powers of the board Specific powers of the board Application Voluntary certification of building code admin-

istrators and inspectors Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Actmiddot

Hl1tory- s t ch 74- 167 s t ch 77-365

55371 Definitions-As used in this part the term 1(1) Board means the Board of Building Codes and

Standards created by this part (2) Department means the Department of Commumiddot

nity Affairs (3) Enforcement agency means the agency of govshy

ernment with authority to make inspections of buildings and to enforce the codes which establish standards for construction alteration repair or demolition of buildshyings

(4) Housing code means any code or rule intending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and composhynents living conditions occupancy use and room sizes

(5) Local enforcement agencymiddot means the agency of local government with authority to make inspections of buildings and to enforce the codes which establish

standards for construction alteration repair or demolishytion of buildings

(6) Secretary means the Secretary of Community Affairs

(7) Threshold buildingmiddot means any building which is greater than three stories or 50 feet in height or which has an assembly occupancy classification that exceeds 5000 square feet in area and an occupant content of greater than 500 persons

Hl1tory-s 2 ch 74-167 s 1 ch 75-111 s 1 ch 77-365 s 4 ch 76323 SS 3 4 ch 81-7 s 77 ch 81- 167 ss 1 4 cll 82-46 s 80 ch 83-55s 8 ch 83-160 s 2 ch 83-265 s 1 ch 84-24 s 1 ch 84-365

Note-Repealeel effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled tor rev1ew pursuant to s 11 611 1n advance of that date cf-s 55377 Specific powers of the board

55372 Intent- The purpose and intent of this act is to provide a mechanism for the promulgation adopshytion and enforcement of state minimum building codes which contain standards flexible enough to cover all phases of construction and which wi ll allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

Hletory-s 3 ch 7 4-167

55373 State Minimum Building Codes-(1 )(a) By October 1 1984 local governments and

state agencies with building construction regulation reshysponsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of parts I through Vil relating to plumbing electrical requirements glass manufactured buildings accessibility by handicapped persons and thermal effishyciency and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleshyum 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 governshyment and local governing body as used in this part shall be construed to refer exclusively to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recshyognized model codes

(a) Standard Building Codes 1985 edition with 1986 accumulated revisions pertaining to building plumbing mechanical and gas and excluding fire premiddot vent ion

(b) EPCOT Code 1982 edition c) One and Two Family Dwelling Code 1983 edishy

tion with 1984 accumulated amendments and (d) The South Florida Building Code 1983 edition

with 1984 accumulated amendments

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 alshyteration repair or demolition of any building for which the local government or state agency has building conshystruction regulat ion responsibility If the One and Two Family Dwelling Code is adopted for residential con-

2061


struction then one of the other recognized model codes must be adopted for the regulation of other residential and nonresidential structures

(3) After January 1 1978 local governments and state agencies with building construction regulation reshysponsibilities may provide for more stringent requireshyments than those specified in the State Minimum Buildshying Codes provided

(a) There is a determination by the local governing body of a need to strengthen the requirements of the State Minimum Building Codes adopted by such govshyerning body based upon demonstrations by the local governing body that local conditions justify more strinshygent requirements than those specified therein for the protection of life and property and

(b) Such additional requirements are not discriminashytory against materials products or construction techshyniques of demonstrated capabilities

(4) All code requirements in effect in any code enshyforcement jurisdiction on January 1 1978 which are not inferior to the requirements of any model code specified in subsection (2) are presumed to meet the conditions of subsection (3)

(5) It shall be the responsibi lity 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 the State Minimum Building Codes adopted by that municipality county or agency in accordance with the provisions of s 55380 If such responsibility has been delegated to another unit of government pursuant to s 55379(9) the specific model code adopted by the delegate shall apply and be enforced

(6) 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 enshyforcement jurisdiction however such regulations shall not apply to nonresidential farm buildings on farms to temporary buildings or sheds used exclusively for conshystruction purposes to mobile homes used as temporary 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 55380(3) by an enshyforcement district or local enforcement agency The codes may be divided into a number of segments as deshytermined by the municipality county or state agency These segments may be identified as building mechanishycal electrical plumbing or fire prevention codes or by other titles as are deemed proper However the State Minimum Building Codes shall not contain a housing code nor shall the state interpose in the area of local housing codes except upon request originating from an enforcement district or local enforcement agency

(7) The board may periodically amend the State Minimum Building Codes by rule in accordance with the requirements of chapter 120 consistent with the recomshymendations of the code promulgating organizations

1(8)(a) In the event of a conflict between the applicashyble minimum building code and the applicable minimum firesafety code it shall be resolved by agreement beshytween the local building code enforcement official and

the local fire code enforcement official in favor of the reshyquirement of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent methshyod of construction

(b) Any decision made by the local fire official and the local building official may be appealed to a local adshyministrative board designated by the municipality counshyty or special district having firesafety responsibilities If the decision of the local fire official and the local building official is to apply the provisions of either the applicable minimum building code or the applicable minimum fireshysafety code the board may not alter the decision unless the board determines that the application of such code is not reasonable If the decision of the local fire 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 modify that decision if 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 fire official and the local building official such alternatives shall provide an equivalent deshygree of lifesafety and an equivalent method of construcshytion 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 of the conflict between the building code and the fire code the local administrative board shall resolve the conflict in favor of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivashylent degree of lifesafety and an equivalent method of construction

(d) The local administrative board shall to the greatshyest extent possible be composed of members with exshypertise in building construction and firesafety standshyards

(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 633161 Decisions of general application shall be indexed by building and fire code sections and shall be available for inspection during normal business hours

Hlstory-s 4 ch 74- 167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s 1 ch 80-106 s 6 ch 82-197 s 2 ch 84-273 s 1 ch 85-97 s 33 ch 86-191 s 1 ch 87-287 bullNote-As amended bys 1 ch 87-287 eleclive January 1 1988

155374 State Board of Building Codes and Standshyards-

(1) There is created within the Department of Comshymunity Affairs the Board of Building Codes and Standshyards which shall be appointed by the Governor not later than 60 days after October 1 1980 Members appointed by the Governor shall be subject to confirmation by the Senate The board shall be composed of 17 members consisting of the following

(a) One architect registered to practice in this state (b) One structural engineer registered to practice in

this state

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(c) One mechanical contractor certified to do busishyness in this state

(d) One electrical contractor certified to do business in this state

(e) One member from fire protection engineering or technology

(f) One general contractor certified to do business in this state

(g) One plumbing contractor licensed to do busimiddot ness in this state

(h) One roofing sheet metal or air- conditioning contractor certified to do business in this state

(i) One residential contractor licensed to do busishyness in this state

(j) Three members who are city or district codes enshyforcement officials

k) One member who represents a state agency other than the Department of Community Affairs emshypowered by law to enforce building codes

(I) One member who is a county codes enforcement official

(m) One member of a Florida- based organization of handicapped persons or a nationally chartered organizashytion of handicapped persons with chapters in this state

(n) One member of the manufactured buildings inshydustry who is licensed to do business in this state

(o) One mechanical or electrical engineer registered to practice in this state

(2) Of the members initially appointed by the Govershynor seven shall serve for terms of 2 years each and eight shall serve for terms of 4 years each Thereafter all appointments shall be for terms of 4 years A vacancy shall be filled for the remainder of the unexpired term Neither the architect nor any of the above-named engishyneers shall be engaged in the manufacture promotion or sale of any building materials and any member who shall during his term cease to meet the qualifications for original appointment through ceasing to be a pracshyticing member of the profession indicated or otherwise shall thereby forfeit his membership on the board

(3) Members of the board shall serve without comshypensation but shall be entitled to reimbursement for per diem and travel expenses as provided bys 112061

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigated any complaint or unfavorable report received concerning an action of the board or any member and shall take appromiddot priate action thereon The Governor may remove from ofshyfice any appointed member for malfeasance misfeashysance neglect of duty incompetence permanent inabilmiddot ity to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-167 s 2 ch 77-365 s 4 ch 78-323 ss 1 2 ch 80--231 SS 1 3 4 ch 81 -7 SS I 4 Ch 82-46 S 2 ch 83-265

bullNote-Repeated ettechve Octobet I 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled f0t revNw J)ltJrsuant 10 s 11 611 on advance ol 1hat dale

155375 Organization of board rules and regulashytions meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive

members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairman at the request of a majority of its membership at the remiddot quest of the department or at such times as may be preshyscribed by its rules The members shall be notified in writing of the time and place of a regular or special meetshying at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the proshyvision of administrative and staff-support services relatshying to the functions of the board With respect to matters within the jurisdiction of the board the department shall be responsible for the implementation and faithful dismiddot charge of all decisions of the board made pursuant to its authority under the provisions of this part

Hiatory- s 6ch 74- t67s 4ch 78-323ss 234ch 81 -7 ss 14ch82-46 s 2 ch 83-265

bullNote-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled or review pursuan1 to s 1161 1 on advance ol that date

155376 General powers of the board- The board is authorized to

(1) Promulgate in cooperation with the department rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal manmiddot agement and control

(3) Enter into contracts and do such things as may be necessary and incidental to the d ischarge of its remiddot sponsibilities under this part

Hiatory-s 7 ch 74- 167 s 4 Ch 78-323 SS 3 4 ch 81 -7 SS 1 4 ch 82- 46 s 2 ch 83- 265

bullNote-Repeaed eHective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled 101 review putsua nt to s 11 6t I on advance of that date

155377 Specific powers of the boardshy(1) The board shall (a) Adopt rules and regulat ions or amendments

thereto in accordance with the procedures prescribed in chapter 120

(b) Make a continual study of the operation of the State Minimum Building Codes and other laws relating to the construction of buildings including manufactured buildings to ascertain their effect upon the cost of buildmiddot ing construction and determine the effectiveness of their provisions

(c) Upon written application by a private party or a local enforcement agency issue advisory opinions relat shying to new technolog ies techniques and materials which have been tested where necessary and found to meet the objectives of the State Minimum Building Codes and the Florida Manufactured Building Act of 1979

(d) Upon written application by a private party or a local enforcement agency issue advisory opinions relatshying to the interpretation enforcement administration or modification by local governments of the State Minimum Building Codes and the Florida Manufactured Building Act of 1979

(2) Upon written application by a private party or a local enforcement agency the board may also

(a) Provide for the testing of materials devices and method of construction

2063


(b) Appoint experts consultants technical advisers and advisory committees for assistance and recommenshydations relating to the State Minimum Building Codes

(3) The board shall conduct a program to certify building code administration personnel and building inshyspection personnel in this state

(4) With respect to the qualification program for speshycial inspectors of threshold buildings as required by s 55379(5)(c) the board may prescribe initial and annual renewal fees for certification by rule in accordance with chapter 120

(5) Upon written applications by private parties or the enforcement agency the board may issue binding opinions relating to the interpretation of ss 55371 (7) and 55379(5)(a) and (c) (6)(a) (b) (d) and (e) and (7)(a) and (c) Such opinions shall be rendered in the same manner provided ins 120565 relating to declarashytory statements

Hlatory-s 8 ch 74-167 s 4 ch 75-85 s 4 ch 75-111 s 3 ch 77-365 s 4 ch 78-323 SS 5 8 ch 79-152 SS 3 4 ch 81-7 SS 1 4 ch 82-46 s 9 ch 83-160 s 2 ch 83-265 s 2 ch 84-365 s 1 ch 86-135

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55379 Application-(1) After the effective date of the State Minimum

Building Codes adopted as herein provided it shall be unlawful for any person firm or corporation to construct erect alter repair or demolish any building within this state without first obtaining a permit therefor from the appropriate enforcing agency or from such persons as may by appropriate resolution or regulation of the enshyforcing agency be delegated authority to issue such permits upon the payment of such reasonable fees adopted by the enforcing agency The enforcing agency is empowered to revoke any such permit upon a detershymination by the agency that the construction erection alteration repair or demolition of the building for which the permit was issued is in violation of or not in conformshyity with the provisions of the State Minimum Building Codes

1(2) After January 1 1988 no enforcing agency may issue any permit for construction erection alteration reshypair or demolition until the local building code adminisshytrator or inspector in conjunction with the appropriate firesafety inspector has reviewed the plans and specifishycations for such proposal and both officials have found the plans to be in compliance with the applicable State Minimum Building Codes and the applicable firesafety standards as determined by the local authority in acshycordance with this chapter and chapter 633 Any buildshying or structure which is not subject to a firesafety code and any building or structure which is exempt from the local building permit process shall not be required to have its plans reviewed by the local officials Industrial construction on sites where design construction and firesafety are supervised by appropriate design and inshyspection professionals and which contain adequate inshyhouse fire departments and rescue squads is exempt subject to local government option from review of plans and inspections providing owners certify that applicashyble codes and standards have been met and supply apshypropriate approved drawings to local building and fireshysafety inspectors The enforcing agency shall issue a

permit to construct erect alter repair or demolish any building when the plans and specifications for such proshyposal comply with the provisions of the State Minimum Building Codes and the applicable firesafety standards as determined by the local authority in accordance with this chapter and chapter 633

(3) The State Minimum Building Codes after the efshyfective date of their adoption pursuant to the provisions of this part shall supersede all other building construcshytion codes or ordinances in the state whether at the loshycal or state level and whether adopted by administrashytive regulation or by legislative enactment unless such building construction codes or ordinances are more stringent than the State Minimum Building Codes and the conditions of s 55373(3) are met However this subsection does not apply to mobile homes as defined by chapter 320 Nothing contained in this subsection shall be construed as nullifying or divesting appropriate state or local agencies of authority to make inspections or to enforce the codes within their respective areas of jurisdiction

(4) The State Minimum Building Codes after the efshyfective date of their adoption pursuant to the provisions of this part may be modified by local governments to reshyquire more stringent standards than those specified in the State Minimum Building Codes provided the condishytions of s 55373(3) are met

(5)(a) The enforcing agency shall require a special inspector to perform structural inspections on a threshshyold building pursuant to a structural inspection plan preshypared by the engineer or architect of record The strucshytural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building The purpose of the structural inspection plan is to provide specific inspecshytion procedures and schedules so that the building can be adequately inspected for compliance with the permitshyted documents The special inspector shall inspect the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency

(b) The fee owner of a threshold building shall select and pay all costs of employing a special inspector but the special inspector shall be responsible to the enforceshyment agency The inspector shall be a person certified licensed or registered under chapter 471 as an engineer or under chapter 481 as an architect

(c) The board shall by rule establish a qualification program for special inspectors and shall compile a list of persons qualified to be special inspectors Special inshyspectors shall not be required to meet standards for qualification other than those established by the board nor shall the fee owner of a threshold building be prohibshyited from selecting any person qualified by the board to be a special inspector The architect or engineer of recshyord may act as the special inspector provided he is on the list of persons qualified to be special inspectors School boards may utilize employees as special inspecshytors provided such employees are on the list of persons qualified to be special inspectors

( d) The licensed architect or registered engineer serving as the special inspector shall be permitted to send his duly authorized representative to the job site to perform the necessary inspections provided all re-

2064


quired written reports are prepared by and bear the seal of the special inspector and are submitted to the enshyforcement agency

(6) No permit may be issued for any building conshystruction erection alteration repair or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following docshyuments which apply to the construction for which the permit is to be issued

(a) Electrical documents for any new building or admiddot dition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrimiddot cal system or 800 amperes (240 volts) or more on a comshymercial or industrial electrical system and which costs more than $50000

(b) Plumbing documents for any new building or adshydition which requires a plumbing system with more than 250 fixture units or which costs more than $50000

(c) Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads

(d) Heating ventilation and air-conditioning docushyments for any new building or addition which requires more than a 15-ton-per-system capacity which is deshysigned to accommodate 100 or more persons or for which the system costs more than $50000 This parashygraph does not include any document for the replaceshyment or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbshying document for any new building or addition which inshycludes a medical gas oxygen steam vacuum toxic air filtration halon or fire detection and alarm system which costs more than $5000

No such document shall be valid unless a professional engineer who possesses a valid certificate of registrashytion has signed dated and stamped such document as provided in s 471025

(7) Each enforcement agency shall require that on every threshold building

(a) The special inspector upon completion of the building and prior to the issuance of a certificate of occushypancy file a signed and sealed statement with the enshyforcement agency in substantially the following form To the best of my knowledge and belief the aboveshydescribed construction of all structural load-bearing components complies with the permitted documents and the shoring and reshoring conforms with the shoring and reshoring plans submitted to the enforcement agenshycy

(b) Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enshyforcement agencys recorded set of permit documents

(c) All shoring and reshoring procedures plans and details be submitted to the enforcement agency for reshycordkeeping Each shoring and reshoring installation shall be supervised inspected and certified to be in

compliance with the shoring documents by the contracshytor

(d) All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes and the applicable firesafety standards as determined by the local authority in accordance with this chapter and chapter 633

(8) No enforcing agency may issue a building permit for construction of any threshold building except to a lishycensed general contractor as defined in s 489105(3)(a) or to a licensed building contractor as demiddot fined ins 489105(3)(b) within the scope of his license The named contractor to whom the building permit is isshysued shall have the responsibility for supervision direcshytion management and control of the construction activimiddot ties on the project for which the building permit was isshysued

(9) Any state agency with building construction reshysponsibility may enter into an agreement with any other unit of government to delegate its responsibili ty to enshyforce the delegates building code governing the conshystruction erection alteration repair or demolition of any state building and is authorized to expend public funds for permit and inspection fees which fees may be no greater than the fees charged others

(10) No enforcing authority may issue a building pershymit for any building construction erection alteration reshypair or addition unless the permit either includes on its face or there is attached to the permit the following statement middotNOTICE In addition to the requirements of this permit there may be additional restrictions applicashyble to this property that may be found in the public recshyords of this county

2(11) Nothing in this section shall be construed to alter or supplement the provisions of part IV of this chapter relating to factory-built housing

2(12) 3Residential one-family or two-family detached dwelling units are not subject to plan review by the local fire official as described in this section or inspection by the local fire official as described in s 633081 unless expressly made subject to said plan review or inspection by local ordinance

Hiatory-s 10 ch 74- 167 s 4 ch 77-365 s 10 ch 83- 160 s 1 ch 83-352 s 2 ch 84-24 s 3 ch 84-365 s 2 ch 85-97 s 2 ch 86-135 s 2 ch 87-287 s S ch 87-349

bullNote- As amended bys 2 ch 87- 287 effective January 1 1988 2Note- As created bys 2 ch 87-287 eflect1ve January 1 1988 bullNote-The words Residential one-family or two- family detached were substishy

tuted by the editors for the words middotone and two lamtly delached residenliaJ ct-s 553 77 Specific powers of the board

553795 Voluntary certification of building code adshyministrators and inspectors-

( 1) Not later than July 1 1985 the board shall es tabmiddot lish a voluntary program to certify persons to administer any building code or to inspect any building on behalf of a state or local government The board shall certify any person who meets the requirements of this section and of any rule adopted under this section

(2) The board shall adopt rules providing specific criteria for certification Such criteria shall include provishysions for building plumbing electrical mechanical and

2065


gas certifications and any other specialty certification the board deems appropriate

(3) The board may contract with an independent testing agency to develop and administer an examinashytion to determine the competency of individuals seeking certification Examinations shall be held at such times and places within the state as the board determines necessary There shall be an examination for each of the categories of certificates which examination shall pershytain to the type of work covered by the certificate The examination shall cover knowledge of basic principles of the codes and inspection practices applicable to the category for which a certificate is requested The examishynation shall be an open-book examination may consist of multiple-choice fill-in true-false or short-answer questions and may include or consist of diagrams plans or sketches with respect to which the applicant will be required to demonstrate his knowledge and profishyciency

(4)(a) The board may fix and collect the following fees

1 An examination fee which may not exceed $150 2 A reexamination fee which may not exceed $150 3 An initial biennial certification fee which may not

exceed $100 4 A biennial certification renewal fee which may

not exceed $25 (b) All fees collected under the provisions of this

section shall be deposited into the Building Inspector Certification Trust Fund which is hereby created to be used to administer the certification program

(5) A certificate issued under the provisions of this section shall expire 2 years from the date of its issuance

(6) The board may suspend or revoke the certificate of a person who violates any provision of any rule adoptshyed by the board pursuant to this section

(7) No provision of this section shall limit the power of a county municipality city special district or state agency to regulate the quality and character of work pershyformed by inspection personnel employed by such local governments or agencies or to require additional standshyards of competency and proficiency for such personnel nor shall any provision of this section be construed to reshyquire any municipality to participate in the certification program conducted by the board or construed to waive additional requirements imposed by a local government or state agency having jurisdiction in such matters

History-s 2 ch 84-365 s 3 ch 86-135

55380 Enforcement-(1) It shall be the responsibility of each local governshy

ment each legally constituted enforcement district and each state agency with statutory authority to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 unshyless such responsibility has been delegated to another unit of government pursuant to s 55379(9) The governshying bodies of local governments may provide a schedule of fees for the enforcement of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effective date of this act However nothing conshytained in this subsection shall operate to limit such agen-

cies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enforcement district for the purpose of adopting enforcing and adshyministering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purshypose

(3) Each enforcement district shall be governed by a board the composition of which shall be determined by the affected localities At its own option each enforceshyment district or local enforcement agency may promulshygate rules granting to the owner of a single-family resishydence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any adshydition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effective in the terrishytorial jurisdiction of the enforcement district or local enshyforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the departshyment it shall have the same authority with respect to building codes as provided by this part for local governshying bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365 s 3 ch 85-97

55383 Injunctive relief-Any code enforcing agenshycy may seek injunctive relief from any court of compeshytent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or installation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minimum Building Codes adopted in that jurisdiction Noncompliance with a buildshying code promulgated under this part shall be considshyered prima facie evidence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstanding any other remedies available any person or party in an indishyvidual capacity or on behalf of a class of persons or parshyties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisdiction against the person or party who committed the violation

History-s 15 ch 74-167

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55385 Liquefied petroleum gases-The provishysions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design conshystruction location installation services and operation of equipment for storing handling transporting and utishylization of liquefied petroleum gases shall not be 1n conshyflict with chapter 527


553851 Protection of underground gas pipelines (1) DEFINITIONS-As used in this section (a) Person means any individual firm joint venture

partnership corporation association authority municishypality governmental unit joint stock association or business trust whether or not incorporated and inshycludes any trustee receiver assignee or personal repshyresentative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulators vaults and attachments by which hydrocarbons in liqshyuid or gaseous form are transmitted or furnished This definition shall not include gas pipelines transporting liqshyuefied petroleum gas when those pipelines are not regushylated pursuant to s 52706(4) and the regulation of liqshyuefied petroleum gas pipelines including the provisions of this law shall continue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or explosive and inshycludes without limitation wrecking razing grading trenching digging ditching drilling augering tunnelshyling scraping cable or pipe plowing and pile driving except maintenance activities to restore road rights-ofshyway to original template

(d) Excavator means any person performing an exshycavation

(e) Owner means any person operating a gas pipeshyline

(f) Damage means any contact with a gas pipeline during excavation which necessitates the owner to reshypair the gas pipeline or the excavator pursuant to authoshyrization by the owner to repair the gas pipeline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal location of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and conshystruction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be 1nd1-cated

(2) NOTICE AND MARKING REQUIREMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any exshycavation in any public or private street alley nght-ofshyway dedicated to the public use or gas utility easement without first obtaining information concerning the possishyble location of gas pipelines in the area of the proposed excavation from any person having the right to bury gas pipelines within the public or private street alley rightshyof-way or gas utility easement Such 1nformat1on may

be requested by telephone letter telegraph or messenshyger or in person at the prework conference tor the JOb requiring the proposed excavation or by calling a utility notification center operating in the area

(b) Any owner having the right to bury gas pipelines shall file with the clerk of the circuit court and have recshyorded in each county wherein the owners gas pipelines are buried the name address and telephone number of the owner from whom the necessary location informashytion may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manshyner prescribed in subsection (1) so that the owner reshyceives notification at least 48 hours excluding Saturshydays Sundays and legal holidays prior to starting excashyvation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a senal number inform the requester of such number and mainshytain a register showing the name address and teleshyphone number of the requester the site to which the reshyquest pertains the time and date of the request and the serial number assigned to the request and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall issue a permit for excavation until the applicant for such permit certifies that he has complied with the prov1s1ons of paragraphs (a) and (c)

(f) Should any permit for excavation as described in

paragraph (e) be held for more than 30 days prior to exshycavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIGENCE NOTICE OF DAMAGE OR DISLOCATION EMERGENshyCIES-

(a) Obtaining information from the owner as required by subsection (2) does not excuse any excavator from performing an excavation in a careful and prudent manshyner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly loshycated

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavation the excavator shall immediately notify the owner of such damage or dislocation

(c) The provisions of subsection (2) are not applicashyble to any excavator performing an excavation 1n an emergency involving the public health safety or welshyfare

History-ss 1 2 3 ch 77-153 s 1 ch 78-82

553895 Firesafety-Any transient public lodging establishment as defined in chapter 509 and used prishymarily for transient occupancy as defined ins 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 with interior corridors which do not have direct access from the guest area to

2067


exterior means of egress and on buildings over 75 feet in height that have direct access from the guest area to exterior means of egress and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system installed in compliance with the provisions prescribed in the Nashytional Fire Protection Association publication NFPA No 13 (1985) Standards for the Installation of Sprinkler Sysshytemsmiddot Each guest room and each time-share unit shall be equipped with an approved listed single-station smoke detector meeting the minimum requirements of NFPA 74 (1984) Standards for the Installation Mainteshynance and Use of Household Fire Warning Equipment powered from the building electrical service notwithshystanding the number of stories in the structure if the contract for construction is let after September 30 1983 Single-station smoke detectors shall not be required when guest rooms or time-share units contain smoke detectors connected to a central alarm system which also alarms locally

Hl1tory-s 2 ch 83-194 s 103 ch 85-81 s 8 ch 86-174

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose of thermal efficiency code Definitions Applicability Thermal efficiency standards for new nonshy

residential buildings Thermal efficiency standards for new resishy

dential buildings Thermal efficiency standards for renovated

buildings Compliance Inspection Energy performance index disclosure for resshy

idential buildings Setting requirements for appliances excepmiddot

lions Air conditioners

553900 Short title- This part shall be known and may be cited as the Florida Thermal Efficiency Code


553901 Purpose of thermal efficiency code-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Energy Effishyciency Code for Building Construction to implement the provisions of this thermal efficiency code and amendshyments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available and update the code to incorporate such equipment and techniques The changes shall be made available for public review

and comment no later than June 1 of the year prior to code implementation The term middotcost-effective for the purposes of this part shall be construed to mean costshyetfective to the consumer

Hletory-s 1 ch 77-128 s 2 eh 80-193 bull 78 eh 81-167 s 1 eh 81-226 S 1 eh 82-197 s 81 ch 83-55 S 3 Ch 84-273

553902 Definitions-For the purposes of this part (1) Exempted buildingmiddot means (a) Any building or portion thereof whose peak deshy

sign rate of energy usage for all purposes is less than 1 watt (34 Stus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by electricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in 1s

267021(6) (e) Any state building that must conform to the more

stringent Florida Energy Conservation Act of 1974 and amendments thereto

(2) HVAC means a system of heating ventilating and air conditioning

(3) Ren0vated building means a residential or nonshyresidential building undergoing alteration that varies or changes insulation HVAC systems water heating sysshytems or exterior envelope conditions provided the estishymated cost of renovation exceeds 30 percent of the asshysessed value of the structure

(4) Local enforcement agencybull means the agency of local government which has the authority to make inshyspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(5)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a buildshying which enclose conditioned spaces through which energy may be transferred to or from the exterior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumption of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

Hletory-s 1 ch 77-128 s 3 ch 80-193 st 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

bullNote-Secllon 267021(6) was renumbered ass 267 021(3) bys 43 ch 86-163

553903 Applicability-This part shall apply to all new and renovated buildings in the state except exshyempted buildings for which building permits are obmiddot tained after March 15 1979 The provisions of this part shall constitute a statewide uniform code The criteria for compliance shall include the provision that the pershyformance level of a building built to such thermal permiddot formance standards shall not vary more than 5 percent as a result of choice of energy source

Hl1tory-s 1 eh 77-128 s 1 ch 78-~ s 2 eh 80-193

553904 Thermal efficiency standards for new nonshyresidential buildings- Thermal designs and operations

2068


for new nonresidential buildings for which building pershymits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics inshycluding thermal mass HVAC system selection and conshyfiguration HVAC equipment performance and service water heating design and equipment performance and shall not be required to meet standards more stringent than the provisions of the Florida Energy Efficiency Code for Building Construction

Hlatory-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193 s 4 ch 84-273

553905 Thermal efficiency standards for new resishydential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HVAC sysshytem selection and configuration HVAC equipment pershyformance and service water heating design and equipshyment selection and shall not be required to meet standshyards more stringent than the provisions of the Florida Enshyergy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards do not apply to a building of less than 1000 square feet which is not primarily used as a principal residence and which is constructed and owned by a natural person for huntshying or similar recreational purposes however no such person may build more than one exempt building in any 12-month period

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226 s 5 ch 84-273

553906 Thermal efficiency standards for renovatshyed buildings-Thermal designs and operations for renshyovated buildings for which building permits are obtained after March 15 1979 shall take into account insulation windows HVAC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Energy Efficiency Code for Building Construction These standards apply only to those portions of the structure which are actually renoshyvated

Hlstory-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193 s 6 ch 84-273

553907 Compliance-Owners of all buildings reshyquired to comply with this part must certify compliance to the designated local enforcement agency prior to reshyceiving the permit to begin construction or renovation


553908 lnspection-Before construction or renoshyvation is completed the local enforcement agency shall inspect buildings for compliance with the standards of this part


5539085 Energy performance index disclosure for residential buildings-The energy performance index resulting from compliance with the provisions of this part for each new residential building shall be promishynently displayed on the completed building until time of sale In conjunction with the normal responsibilities and

duties of this part the local building official shall issue an energy performance index display card to be placed on the building permit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and develshyoped by the Department of Community Affairs At a minishymum the display card shall list the energy performance index resulting from compliance with the code the maxishymum EPI allowed for the specific house a location for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished under a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to procedures provided for in the code or shall state that the EPI is unknown and might be higher than the maximum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for appliances exshyceptions-

(1) Water heaters sold after October 1 1980 for resishydential use shall be installed with a heat trap and shall have the thermostat set at 110deg F or whatever minimum the unit is capable of if it exceeds 110deg F Electric water heaters may not have a standby loss which exceeds 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and shall have a standby loss in percent per hour not exceeding the number determined by dividing 67 by the volume of the tank in gallons and adding the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating element for the drying portion of the operating cycle Dishwashshyers the controls of which permit the user to elect to have the heating element on during the drying portion of the operating cycle meet this requirement

(3) If the provisions of this section are preempted in part by federal standards those provisions not preemptshyed shall apply

History-s 7 ch 80-163 s 7 ch 84-273

553912 Air conditioners-All air conditioners which are sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Efficiency Code for Building Construction These effishyciency ratings shall be minimums and may be updated in the Florida Energy Efficiency Code for Building Conshystruction by the department in accordance with s 553901 following its determination that more costshyeffective energy-saving equipment and techniques are available

History-s 4 ch 81-226 s 8 ch 84-273

PART VIII

ENERGY CONSERVATION STANDARDS

2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975

Short title Purpose Adoption of standards Definitions Products covered by this part Applicability Test methods Energy conservation standards Exemptions Revisions of standards Certification statements Enforcement and penalties Report to the Governor and Legislature

1553951 Short title-This part may be cited as the Florida Energy Conservation Standards Act

History-s 1 ch 87-271 1Note-Effect1ve January 1 1988

1553_953 Purpose-( 1) The purpose of these energy conservation standshy

ards is to provide statewide minimum standards for enshyergy efficiency in certain products consistent with enershygy conservation goals The standards shall be based on feasible and attainable efficiencies which will reduce Floridas energy consumption growth rate and the growth rate of energy demand Standards adopted purshysuant to this part shall be cost-effective to the majority of the users and shall consider the expected life of the covered product Such standards shall collectively be known and may be cited as Florida Energy Conservashytion Standards

(2) The Legislature recognizes that energy consershyvation is an important element of the energy policy of this state Further it is the policy of the state and the inshytent of the Legislature to employ a range of measures to reduce wasteful uneconomical and unnecessary uses of energy thereby reducing the rate of growth of energy consumption and prudently conserving energy resources The Legislature finds that increased product efficiency can contribute significantly toward energy conservation It is the intent of the Legislature to bring about increased product efficiency through adoption of energy conservation standards

History-s 1 ch 87-271 Note-Eflective January 1 1988

1553_954 Adoption of standards-The Department of Community Affairs shall adopt modify revise upshydate and maintain the Florida Energy Conservation Standards to implement the provisions of this part and amendments thereto in accordance with the procedures of chapter 120

History-s 1 ch 87-271 Note-Effective January 1 1988

1553955 Definitions-For purposes of this part ( 1) AV means the adjusted volume for refrigerashy

tors refrigerator-freezers and freezers as defined in the applicable test procedure

(2) Ballast or fluorescent lamp ballast means a deshyvice to operate a fluorescent lamp by providing a startshying voltage and current and limiting the current during normal operation It must also be designed to

(a) Operate at nominal input voltages of 120 or 227 volts

(b) Operate with an input frequency of 60 hertz (3) Ballast efficiency factor means the ratio of relashy

tive light output expressed as a percent to the power input expressed in watts under test conditions

(4) Code means the Florida Energy Efficiency Code for Building Construction

(5) Date of sale means the day when the product is physically delivered to the buyer


(7) Distributor means any person or business entity which distributes a privately labeled product on a nationshyal basis for which the specifications for manufacture testing and certification are established and attested to by the distributor rather than the manufacturer

(8) Energy conservation standard means (a) A performance standard which prescribes a minishy

mum level of energy efficiency or a maximum quantity of energy use for a covered product determined in acshycordance with applicable test procedures or

(b) A design requirement for the products specified in s 553957 and

includes any other requirements which the department may prescribe

(9) F40T12 lamp means a tubular fluorescent lamp which is a nominal 40 watts with a 48-inch tube 15 inches in diameter These lamps conform to American National Standards Institute standard C78 1-1978

( 10) F96T12 lamp means a tubular fluorescent lamp which is a nominal 75 watts with a 96-inch tube 15 inches in diameter These lamps conform to American National Standards Institute standard C783-1978

(11) Luminaire means a complete lighting unit conshysisting of a fluorescent lamp or lamps together with parts designed to distribute the light to position and protect such lamps and to connect such lamps to the power supply

( 12) Manufacturer means any person or business entity engaged in the original production or assembly of a product

(13) New product means a product that is sold ofshyfered for sale or installed for the first time and specificalshyly includes floor models and demonstration units

(14) Nominal input voltage means an input voltage within plus 5 percent or minus 5 percent of a specified value

(15) Nominal lamp watts means the wattage at which a fluorescent lamp is designed to operate

( 16) Occupancy means an occupied building or part of a building

(17) Operation means the ability to start the lamp at least 8 times out of 10 with a minimum of 1 minute beshytween attempts when tested under test conditions

(18) Power input means the rate of energy conshysumption in watts of a ballast and fluorescent lamp or lamps

(19) Relative light output means the test ballast light output divided by a reference ballast light output using the same reference lamp and expressing the value as a percent

2070


(20) With respect to refrigerators freezers and refrigshyerator-freezers

(a) Automatic defrost system means a defrost sysshytem in which the defrosting action for all refrigerated surshyfaces is initiated and terminated automatically

(b) Freezer means a cabinet designed as a unit for the storage of food at temperatures of about 0 degF havshying the ability to freeze food and having a source of reshyfrigeration requiring an energy input

(c) Refrigerator means a cabinet designed for the refrigerated storage of food at temperatures above 32 degF and having a source of refrigeration requiring an enshyergy input It may include a compartment for the freezing and storage of food at temperatures below 32 degF but does not provide a separate low temperature compartshyment designed for the freezing of and the long-term storage of food at temperatures below 8 degF It has only one exterior door but it may have interior doors on comshypartments

(d) Refrigerator-freezer means a cabinet which consists of two or more compartments with at least one of the compartments designed for the refrigerated storshyage of foods at temperatures above 32 degF and with at least one of the compartments designed for the freezing of and the storage of frozen foods at temperatures of 8 degF or below The source of refrigeration requires energy input

(21) Definitions used in the code shall also apply to terms used in this part

History-s 1 ch 87-271 1Note-Effective January 1 1988

1553957 Products covered by this part-(1) The provisions of this part apply to the testing

certification and enforcement of energy conservation standards for the following types of new products sold in the state

(a) Refrigerators refrigerator-freezers and freezers which can be operated by alternating current electricity excluding

1 Any type designed to be used without doors and 2 Any type which does not include a compressor

and condenser unit as an integral part of the cabinet asshysembly

(b) Lighting equipment (c) Showerheads (d) Any other type of consumer product which the

department classifies as a covered product as specified in this part

(2) The provisions of this part do not apply to (a) New products manufactured in this state and

sold outside the state (b) New products manufactured outside this state

and sold at wholesale in this state for final retail sale and installation outside the state

(c) Products designed expressly for installation and use in recreational vehicles or other equipment deshysigned for regular mobile use


1553959 Applicability-(1) Subject to the effective dates provided by s

553963 no new product covered by this part may be

sold offered for sale advertised or otherwise displayed for sale or installed or caused to be installed in buildings or structures in the state unless the efficiency rating of the product meets or exceeds the levels established by this part For each new product that is sold offered for sale advertised or otherwise displayed for sale or inshystalled or caused to be installed in buildings or strucshytures in this state a separate offense may be found Furshyther new products which do not comply with the provishysions of this part shall not be imported or delivered after sale or pursuant to a contract for sale for use in or in conshynection with a building or structure in the state

(2) The standards adopted in or pursuant to the proshyvisions of this part shall be minimum standards They shall constitute a statewide uniform standard for energy conservation The Florida Energy Conservation Standshyards shall by reference set minimum efficiencies for products also covered by the code


1553961 Test methods-The manufacturer shall cause the testing of samples of each model of each product covered by this part Test procedures identified in the code shall be the accepted test procedures for those products addressed by the code Test proceshydures for products not addressed in the code shall be determined by the department The department shall use United States Department of Energy approved test methods or in the absence of such test methods other appropriate nationally recognized test methods applicashyble to the respective products The department may elect to develop and prescribe other test methods based upon the departments determination that use of such other test methods is justified due to decreased cost increased accuracy or the general use and acceptance of a specific test method by the industry inshyvolved

History-s 1 ch 87-271 Note-Effect1ve January 1 1988

1553963 Energy conservation standards-(1) STANDARDS FOR REFRIGERATORS REFRIGshy

ERATOR-FREEZERS AND FREEZERS-(a) The following is the maximum energy use alshy

lowed in kilowatt hours per year for the following prodshyucts other than those described in paragraph (b) manushyfactured on or after January 1 1993

Energy Standards Equations

Refrigerators and refrigerator-freezers with manual defrost 137 AV+267 Refrigerator-freezers-partial automatic defrost 174 AV +344 Refrigerator-freezers-automatic defrost with

Top-mounted freezer without ice 167 AV+336 Side-mounted freezer without ice 224 AV+395 Bottom-mounted freezer without ice 224 AV+395 Top-mounted freezer with through-the-

door ice 185 AV+374 Side-mounted freezer with through-the-

door ice 248 AV+438 Upright freezers with

2071


Manual defrost 838 AV+324 Automatic defrost 123 AV+477

Chest freezers and all other freezers 63 AV+282

(b) The standards described in paragraph (a) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet or freezers with total refrigerated volume exceeding 30 cubic feet

(2) STANDARDS FOR LIGHTING EOUIPMENTshy(a) Except as provided in paragraph (b) no fluoresmiddot

cent lamp ballast or luminaire manufactured on or after January 1 1989 shall either have a ballast efficiency facmiddot tor or contain a ballast with a ballast efficiency factor less than the following applicable values

Nominal Ballast Ballasts Oesogned Input Total NOllllnal Efficiency for the Operatt0n of Voltage Lamp Watts Factcr

One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570

(b) The standards described in paragraph (a) do not apply to the following types of fluorescent lamp ballasts

1 Those which have a dimming capability 2 Those intended for use in ambient temperatures

of 0 degF or less 3 Those with a power factor of less than 060 (3) STANDARDS FOR SHOWERHEADS-(a) The initial minimum standards for showerheads

manufactured on or after January 1 1988 shall require the limiting of maximum water discharge to 300 gallons per minute when tested according to 2American Nationmiddot al Standards Institute standard A 112181 M-1979

(b) Showerheads manufactured for use in safety spray installations shall be exempt

(4) STANDARDS FOR OTHER COVERED PRODmiddot UCTS-

(a) The department may prescribe an energy conmiddot servation standard for any type or class of covered prodmiddot ucts of a type specified ins 553957 except where premiddot eluded by federal law if the department determines that

1 The average per occupancy energy use within this state by products of such type or class exceeded 150 kilowatt-hours or its Btu equivalent for any 12 calenmiddot dar-month period ending before such determination and

2 Substantial improvement in the energy efficiency of products of such type or class is technologically feasimiddot ble

(b) Any new or amended standard for covered prodmiddot ucts of a type specified ins 553957(1 )(d) shall not apply to products manufactured within 2 years after the publimiddot cation of a final rule establishing such standard

Hlatory-s t Ch 87-271 bullNote-Effective Janu81) t t988 bullNote-The words Amefocan NattOnal Standards Institute standatd were subSti-

ltJted by the ed1t0ltS f()f the abblte1Natoon ANSI

this part for any currently produced product model which the manufacturer shows and the department finds comprises less than 05 percent of that manufacmiddot turers total sales volume in the state for that product class and with respect to which the manufacturer shows and the department finds that modification of the product model to meet the standards of this part would place an undue burden on the manufacturer Such determination by the department shall be considmiddot ered final agency action reviewable pursuant to chapter 120 An exemption so granted shall be for a period of up to but not exceeding 2 years The department shall grant only one exemption for any particular model and any new product model initially produced after January 1 1988 shall not be eligible for such an exemption

Hletory-s 1 ch 87-271 bullNote-Effectrve January 1 1988

1553969 Revisions of standards-The department shall no earlier than 2 years after adoption of new or remiddot vised standards and no later than 4 years after adoption of new or revised standards review and if warranted by the department update the standards established by this part Revisions to the standards established by this part shall be based upon the departments determinamiddot tion that revised energy conservation levels are costshyeffective to the majority of the users and shall 2include consideration of the expected life of the covered prodmiddot uct

Hlatory-s 1 ch 87-271 bullNote-Ettecuve January 1 1988 bullNote-The words middotinc~ considefation or welte substituted by the edit0lts 10lt

the word middotconsider bull

1553971 Certification statements-(1) Manufacturers of products covered by this part

shall certify to the department that such products are in compliance with the provisions of this part

(2) Except as provided in subsection (3) the manumiddot facturer shall submit a certification statement to the demiddot partment for each model containing the following informiddot mation

(a) Name and address of manufacturer (b) Type of product (c) Brand name (d) Model number as it appears on the product

name plate (e) Name and address of laboratory where test for

efficiency was performed (f) Date of test for efficiency (g) Results of the test for efficiency expressed in

terms consistent with the applicable test procedure identified in s 553961

(h) Sufficient information about the model number or other identification by which the date of manufacture can be readily ascertained

(i) A declaration that the product model complies with the standards established by this part

0) Every certification statement shall be dated and signed by the manufacturer attesting to its truth and acmiddot curacy under penalty of perjury If the manufacturer is either a corporation or a business association the certifimiddot

553968 Exemptions-The department may grant cation statement shall be dated signed and attested to an exemption from compliance with the standards of by an officer thereof

2072


(k) Within 45 days after receipt of a certification statement the department shall forward to the manufacshyturer an acknowledgment that the statement has been received and that it is complete and accurate on its face

(3) Manufacturers or distributors of covered prodshyucts that participate in a nationally recognized product certification program are exempt from the requirements of subsection (2) except that sufficient information about the model number or identification by which the date of manufacture can be readily ascertained shall be provided to the department

(4) The following information shall appear on each product

(a) The manufacturers or distributors name or brand name

(b) The model number as used in certifying complishyance with the provisions of this part

(c) The date of manufacture which may be coded into the model or serial number for the product

(5) The department may require by rule other inforshymation necessary to permit the determination that prodshyucts covered by this part comply with the standards esshytablished herein

History-s 1 ch 87-271 Note-Eftective January 1 1988

1553973 Enforcement and penalties-

(1) The Department of Community Affairs shall inshyvestigate any complaints received concerning violations of this part and shall report the results of its investigation to the Attorney General or state attorney The Attorney General or state attorney may institute proceedings to enjoin any person found to be violating the provisions of this part

(2) The department shall cause periodic inspections to be made of manufacturers distributors or retailers of new products in order to determine compliance with this part The department by rule shall adopt procedures for such inspections and verification of products

(3) Any person who violates any provision of this part is guilty of a misdemeanor of the first degree punshyishable by fine as provided in s 775083

Hlstory-s 1 ch 87-271 1Note-Effective January 1 1988

1553975 Report to the Governor and LegislatureshyThe Public Service Commission shall submit a biennial report to the Governor the President of the Senate and the Speaker of the House of Representatives concurshyrent with the report required bys 36682(4) beginning in 1990 Such report shall include an evaluation of the efshyfectiveness of these standards on energy conservation in this state


2073

FS 1987 BUILDING CONSTRUCTION ST AND ARDS Ch553

his successors in office with two or more good and suffishycient sureties to be approved by the board of county commissioners of the county in which the said person intends to engage or work as a plumbing contractor and to be filed with the clerk of the circuit court of the county in which the said person intends to so engage or work which said bond shall be conditioned upon the said pershyson complying with the minimum requirements of the State Plumbing Code in regards to all plumbing done by said person in this state Upon said plumbing contractor obtaining said bond and filing said bond with the clerk of circuit court as aforesaid the said plumbing contracshytor is thereby entitled to have issued to him by the said clerk of circuit court a certificate to the effect that said bond has been filed by said plumbing contractor in said county Said certificate shall be accepted in lieu of bond by other counties in which said plumbing contracshytor may desire to work

(2) The requisite of two sureties and justification of same shall not apply where surety is by a solvent surety company authorized to do business in this state

(3) The form of said bond shall be substantially as follows

(a) Know all men by these presents that we __ (hereinafter called the principal) and __ a corporation duly qualified and authorized under the laws of the State of Florida to act as surety on bonds (hereinafter called the Surety) are held and firmly bound unto __ Govershynor of the State of Florida and his successors in office in the penal sum of $5000 lawful money of the United States of America the true payment whereof well and truly to be made we do bind ourselves our respective heirs executors administrators successors and asshysigns jointly and severally firmly by this bond

(b) The condition of this bond is that if the above bonded principal the said __ shall protect the State of Florida against all loss or damage occasioned by the negligence of the said principal herein in failing to propshyerly execute and protect all plumbing done by said prinshycipal or the employees of said principal or under the dishyrection and supervision of said principal and from all loss or damage occasioned by or arising in any manner from any such work done by said principal or the employees of said principal or under the direction or supervision of said principal which is not caused by the negligence of the State of Florida or its agents or employees or by the negligence of the agents or employees of the county in which such plumbing is performed or by the negligence of the employees of the city in which such plumbing is performed and further will keep and observe all laws of the State of Florida relating in any way to plumbing and all local ordinances where such plumbing is done which relate in any way to plumbing and shall do all the plumbshying in compliance with the minimum requirements of the State Plumbing Code and shall further without additional cost to the person for whom the plumbing is done remeshydy any defects in said work due to faulty material furshynished or used by said principal and shall further reconshystruct and repair any such defective plumbing work or material to the satisfaction of the county plumbing inshyspector of the county where such plumbing is done or to the satisfaction of the city plumbing inspector where such plumbing is done in cities of 7500 or more popula-

tion or to the satisfaction of the city or district plumbing inspector where such plumbing is done in cities and towns of less than 7500 population or legislatively creatshyed governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners at any time within 1 year after the construction alteration or installation thereof by said principal or under his direction or supershyvision and within 48 hours after notice from the county plumbing inspector or the city plumbing inspector or the district plumbing inspector to reconstruct or repair same then this obligation shall become null and void else to remain in full force and effect

(c) Any failure or default on the part of the principal in remedying any defects in plumbing due to faulty workshymanship and incorrect construction or due to faulty mashyterial furnished or used by principal shall give the person for whom such work is performed a direct right of action against the principal and surety under this obligation provided however that no suit action or proceeding by reason of any default whatever shall be brought on this bond after 1 year from the date of the final completion of such plumbing by the principal for such third person

(d) The premium anniversary date of this bond shall be on October 1 of each year the first anniversary being October 1 1951 Signed sealed and delivered in the presence of

As to the Principal

As to the Surety

Approved

Clerk of Board of County Commissioners of __ County

ltPrincipal (SEAL)

_(SEAL)

By (Attorney in fact

History-s 3 ch 26904 1951 s 1 ch 28181 1953 s 1 ch 28252 1953

553041 Exemptions-No person desiring to enshygage in or work as a plumbing contractor in the state in any county in which the board of county commissioners shall not have employed a plumbing inspector as providshyed ins 55305 shall be required to give bond as required by the provisions of s 55304 before engaging in or working as a plumbing contractor anything in the provishysions of this part to the contrary notwithstanding

History-s 1 ch 28038 1953

55305 County plumbing inspectors employment qualifications duties exemption of certain municipalishyties and districts-

( 1) Each county in this state acting through its board of county commissioners may at the discretion of said board of county commissioners employ one or more plumbing inspectors to inspect all plumbing inshystalled within such county except within the corporate limits of cities of 7500 or more population Each said plumbing inspector as aforesaid must be a practical plumber of not less than 10 years experience and shall

2053







Hiatory-ss 5 7 ch 26904 1951 s 1 ch 28181 1953




Hiatory-s 7 ch 26904 1951 s 1 ch 28181 1953


2054



History-s 8 ch 26904 1951 s 1 ch 28181 1953






History-s 12 ch 26904 1951 s 549 ch 71-136






















2055





55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE


































2056







PARTlll

GLASS



















Hlatory-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 553381

55339 55341 55342

PART IV















2057





























2058














PART V


55345 55346

55347 55348

553485

55349






tee










History-s 2 ch 74-292 s 2 ch 78-333








2059





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073







Hiatory-ss 5 7 ch 26904 1951 s 1 ch 28181 1953




Hiatory-s 7 ch 26904 1951 s 1 ch 28181 1953


2054



History-s 8 ch 26904 1951 s 1 ch 28181 1953






History-s 12 ch 26904 1951 s 549 ch 71-136






















2055





55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE


































2056







PARTlll

GLASS



















Hlatory-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 553381

55339 55341 55342

PART IV















2057





























2058














PART V


55345 55346

55347 55348

553485

55349






tee










History-s 2 ch 74-292 s 2 ch 78-333








2059





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073



History-s 8 ch 26904 1951 s 1 ch 28181 1953






History-s 12 ch 26904 1951 s 549 ch 71-136






















2055





55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE


































2056







PARTlll

GLASS



















Hlatory-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 553381

55339 55341 55342

PART IV















2057





























2058














PART V


55345 55346

55347 55348

553485

55349






tee










History-s 2 ch 74-292 s 2 ch 78-333








2059





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073





55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE


































2056







PARTlll

GLASS



















Hlatory-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 553381

55339 55341 55342

PART IV















2057





























2058














PART V


55345 55346

55347 55348

553485

55349






tee










History-s 2 ch 74-292 s 2 ch 78-333








2059





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073







PARTlll

GLASS



















Hlatory-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 553381

55339 55341 55342

PART IV















2057





























2058














PART V


55345 55346

55347 55348

553485

55349






tee










History-s 2 ch 74-292 s 2 ch 78-333








2059





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073





























2058














PART V


55345 55346

55347 55348

553485

55349






tee










History-s 2 ch 74-292 s 2 ch 78-333








2059





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073














PART V


55345 55346

55347 55348

553485

55349






tee










History-s 2 ch 74-292 s 2 ch 78-333








2059





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073





























2060







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073







55370 55371 55372 55373 55374

55375

55376 55377 55379 553795

55380 55383 55384 55385 553851 553895

PART VI







Hl1tory- s t ch 74- 167 s t ch 77-365























2061




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073




















this state

2062








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073








































2063


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073


















2064



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073



























2065












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073












History-s 2 ch 84-365 s 3 ch 86-135













History-s 14 ch 74-167 s 5 ch 77-365



2066

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073

























History-ss 1 2 3 ch 77-153 s 1 ch 78-82


2067




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073




PART VII


553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912




























2068














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073














History-s 3 ch 82-197 s 83 ch 83-55





History-s 7 ch 80-163 s 7 ch 84-273


History-s 4 ch 81-226 s 8 ch 84-273

PART VIII


2069


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073


553951 553953 553954 553955 553957 553959 553961 553963 553968 553969 553971 553973 553975



































2070




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073




































2071








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073








One F40Tl 2 lamp 120 40 1805 277 40 1805

Two F40T12 lamps 120 80 1060 277 80 1050

Two F96T12 lamps 120 150 0570 277 150 0570





























2072

















2073

















2073

Ch.553 BUILDING CONSTRUCTION STANDARDS F.S. 1987 CHAPTER 553 BUILDING CONSTRUCTION … · 2013. 9....

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Transcript of Ch.553 BUILDING CONSTRUCTION STANDARDS F.S. 1987 CHAPTER 553 BUILDING CONSTRUCTION … · 2013. 9....