553.73 State Minimum Building Codes.--
(1)
(a) By October 1, 1984, local governments and state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction. Such code shall include the provisions of parts I-V, VII, and VIII, relating to plumbing, electrical requirements, glass, manufactured buildings, accessibility by handicapped persons, and thermal efficiency, and shall be in addition to the requirements set forth in chapter 527, which pertains to liquefied petroleum gas.
(b) In the event that a special act of the Legislature, passed prior or subsequent to January 1, 1978, places responsibility for building construction regulation in a specified local board or agency, the words "local government" and "local governing body" as used in this part shall be construed to refer exclusively to such local board or agency.
(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes:
(a) Standard Building Codes, 1988 edition, pertaining to building, plumbing, mechanical, and gas, and excluding fire prevention;
(b) EPCOT Code, 1982 edition;
(c) One and Two Family Dwelling Code, 1986 edition; and
(d) The South Florida Building Code, 1988 edition.
Each local government and state agency with building construction regulation
responsibilities shall adopt one of the State Minimum Building Codes as its building code,
which shall govern the construction, erection, alteration, repair, or demolition of any
building for which the local government or state agency has building construction
regulation responsibility. If the One and Two Family Dwelling Code is adopted for
residential construction, then one of the other recognized model codes must be adopted for
the regulation of other residential and nonresidential structures. Provisions to be
contained within any State Minimum Building Code are restricted to requirements related to
the types of materials used and construction methods and standards employed in order to
meet minimum building codes. Provisions relating to the personnel, supervision or training
of personnel, or any other professional qualification requirements relating to contractors
or their workforce may not be included within a State Minimum Building Code, and
subsection (4) is not to be construed to allow the inclusion of such provisions within any
State Minimum Building Code by amendment. This restriction applies to both initial
development and amendment of the code.
(3) The board may, by rule adopted in accordance with the requirements of chapter 120, designate all or a part of an updated or revised version of a model code listed in subsection (2) as a State Minimum Building Code.
(4) Local governments and state agencies with building construction regulation responsibilities may, subject to the limitations of this section, provide for more stringent requirements than those specified in the State Minimum Building Codes provided:
(a) The local governing body determines, following a public hearing which has been advertised in a newspaper of general circulation at least 10 days before the hearing, that there is a need to strengthen the requirements of the State Minimum Building Codes adopted by such governing body. The determination must be based upon a review of local conditions by the local governing body, which review demonstrates that local conditions justify more stringent requirements than those specified in the State Minimum Building Codes for the protection of life and property.
(b) Such additional requirements are not discriminatory against materials, products, or construction techniques of demonstrated capabilities.
(c) Such additional requirements may not introduce a new subject not addressed in the State Minimum Building Codes.
(d) Paragraphs (a), (b), and (c) apply to the enforcing agency's adoption of more stringent requirements than those specified in the State Minimum Building Codes and to the adoption of building construction-related codes that have the effect of amending building construction standards contained in the State Minimum Building Codes. Upon request, the enforcing agency shall provide a person making application for a building permit, or any state agency or board with construction-related regulation responsibilities, a listing of all such requirements and codes.
(5) All code requirements in effect in any code enforcement 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 (4).
(6) It shall be the responsibility of each municipality and county in the state and of each state agency with statutory authority to regulate building construction to enforce the specific model code of the State Minimum Building Codes adopted by that municipality, county, or agency, in accordance with the provisions of s. 553.80. If such responsibility has been delegated to another unit of government pursuant to s. 553.79(9), the specific model code adopted by the delegate shall apply and be enforced.
(7) The specific model code of the State Minimum Building Codes adopted by a municipality, county, or state agency shall regulate every type of building or structure, wherever it might be situated in the code enforcement jurisdiction; however, such regulations shall not apply to nonresidential farm buildings on farms; to temporary buildings or sheds used exclusively for construction 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. 553.80(3) by an enforcement district or local enforcement agency. The codes may be divided into a number of segments, as determined by the municipality, county, or state agency. These segments may be identified as building, mechanical, 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.
(8)
(a) In the event of a conflict between the applicable minimum building code and the applicable minimum firesafety code, it shall be resolved by agreement between the local building code enforcement official and the local fire code enforcement official in favor of the requirement of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction.
(b) Any decision made by the local fire official and the local building official may be appealed to a local administrative board designated by the municipality, county, or special district having firesafety 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 firesafety 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 degree of lifesafety and an equivalent method of construction as the decision rendered by the local officials.
(c) In the event that the local building official and the local fire official are unable to agree on a resolution 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 equivalent degree of lifesafety and an equivalent method of construction.
(d) The local administrative board shall, to the greatest extent possible, be composed of members with expertise in building construction and firesafety standards.
(e) All decisions of the local building official and local fire official and all decisions of the administrative board shall be in writing and shall be binding upon all persons but shall not limit the authority of the State Fire Marshal pursuant to s. 633.161. Decisions of general application shall be indexed by building and fire code sections and shall be available for inspection during normal business hours.
(9) Except within coastal building zones as defined in s. 161.54, specification standards developed by nationally recognized code promulgation organizations to determine compliance with s. 1205 and the engineering design criteria of s. 1205 of the Standard Building Code shall not apply to one or two family dwellings which are two stories or less in height unless approved by the Board of Building Codes and Standards for use or unless expressly made subject to said standards and criteria by local ordinance adopted in accordance with the provisions of subsection (4).
History.--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; s. 1, ch. 88-142; s. 1, ch. 89-369; s. 2, ch. 91-172; s. 41, ch. 91-220; s. 49, ch. 95-144; s. 1, ch. 97-177.