SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
RESERVED
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
116.4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
[A] 116.5 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions
are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.2.2 and the International Existing Building Code.
Section 117 – Variances in Flood Hazard Areas. Add Section 117 to read as follows:
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.
Chapter 2 – Definitions
Section 202 – Definitions. Change Section 202 to read as follows:
ACCESSIBLE. A site, building, facility or portion thereof that complies with Chapter 11. See the Florida Building Code, Accessibility.
ACCESSIBLE ROUTE. A continuous, unobstructed path that complies with Chapter 11. See the Florida Building Code, Accessibility.
ACCESSIBLE UNIT. A dwelling unit or sleeping unit that complies with this code and the provisions for Accessible units in ICC A117.1. See the Florida Building Code, Accessibility.
ADDITION. An extension or increase in floor area, number of stories or height of a building or structure.
AGRICULTURAL, BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. Reserved
APPLICABLE GOVERNING BODY. A city, county, state, state agency or other political government subdivision or entity authorized to administer and enforce the provisions of this code, as adopted or amended. Also applies to administrative authority.
ARCHITECT. A Florida-registered architect.
BURIAL CHAMBER MAUSOLEUM. A family mausoleum consisting of 6 or fewer casket placement crypts plus a chamber to be used for loading of caskets from the interior of the mausoleum which is not below the level of the ground and which is substantially exposed above ground.
CARBON MONOXIDE ALARM. A device for the purpose of detecting carbon monoxide, that produces a distinct audible alarm, and is listed or labeled with the appropriate standard, either ANSI/UL 2034 - 96, Standard for Single and Multiple Station CO Alarms, or UL 2075 - 04, Gas and Vapor Detector Sensor, in accordance with its application.
CHAPEL MAUSOLEUM. A mausoleum for the public that has heat or air conditioning, with or without a committal area or office.
CIRCULATION PATH. An exterior or interior way of passage from one place to another for pedestrians. See the Florida Building Code, Accessibility.
COLUMBARIUM. A permanent structure consisting of niches.
COMMISSION. The Florida Building Commission, created per Section 553.74, Florida Statutes.
COMPANION CRYPT. A permanent chamber in a mausoleum for the containment of human remains of more than one individual.
CRYPT. A permanent chamber in a mausoleum for the containment of human remains.
DETECTABLE WARNING. See the Florida Building Code, Accessibility.
DWELLING UNIT OR SLEEPING UNIT, TYPE A. Reserved.
DWELLING UNIT OR SLEEPING UNIT, TYPE B. Reserved.
EMPLOYEE WORK AREA. All or any portion of a space used only by employees and only for work. Corridors, toilet rooms, kitchenettes and break rooms are not employee work areas. See the Florida Building Code, Accessibility.
ENFORCEMENT AGENCY.
Local enforcement agency - change the definition to read as follows:
means an agency of local government, a local school board, a community college board of trustees, or a university board of trustees in the State University System with jurisdiction to make inspections of buildings and to enforce the codes which establish standards for design, construction, erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities.
State enforcement agency. The agency of state government with authority to make inspections of buildings and to enforce the codes, as required by Ch. 553, F.S., which establish standards for design, construction, erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities.
ENGINEER. A Florida-registered engineer.
FAMILY MAUSOLEUM. A mausoleum for the private use of a family or group of family members.
FLOATING RESIDENTIAL UNIT. Means a structure primarily designed or constructed as a living unit, built on a floating base, which is not designed primarily as a vessel, is not self-propelled although it may be towed about from place to place, and is primarily intended to be anchored or otherwise moored in a fixed location.
GARDEN MAUSOLEUM. A mausoleum for the public built without heat or air conditioning but may contain an open-air committal area.
HEIGHT, THRESHOLD BUILDING. The height of the building is at the mean distance between the eaves and the ridge of the roofing structure. If the distance from grade to the line which is the mean distance between the eaves and the ridge of the roofing structure is more than 50 feet, the building is to be considered a "threshold building" within the contemplation of the Threshold Building Act.
HIGH VELOCITY HURRICANE ZONE. This zone consists of Broward and Dade counties.
HISTORIC BUILDINGS. Buildings that are listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate state or local law (see Chapter 12 of the Florida Existing Building Code).
LANDSCAPE ARCHITECT. A Florida-registered landscape architect.
LOCAL FLOODPLAIN MANAGEMENT ORDINANCE. An ordinance or regulation adopted pursuant to the requirements in Title 44 Code of Federal Regulations, Parts 59 and 60 for participation in the National Flood Insurance Program.
LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of this section. 1612.
MATERIAL CODE VIOLATION. A material code violation is a violation that exists within a completed building, structure or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.
MATERIAL VIOLATION. As defined in Florida Statutes.
MAUSOLEUM. A permanent structure or building which is substantially exposed above the ground and is intended for the interment, entombment, or inurnment of human remains.
NICHE. A permanent chamber in a columbarium or mausoleum to hold the cremated remains of one or more individuals.
NON-VISITATION CRYPT MAUSOLEUM. A mausoleum for the public where the crypts are not accessible to the public.
PLANS. All construction drawings and specifications for any structure necessary for the building official to review in order to determine whether a proposed structure, addition or renovation will meet the requirements of this code and other applicable codes
REGISTERED TERMITICIDE. Product listed as registered for use as a preventative treatment for termites for new construction by the Florida Department of Agriculture and Consumer Services under authority of Chapter 487, Florida Statutes.
SCREEN ENCLOSURE. A building or part thereof, in whole or in part self-supporting, and having walls of insect screening with or without removable vinyl or acrylic wind break panels and a roof of insect screening, plastic, aluminum or similar lightweight material, or other materials and assemblies such as a patio, deck or roof of a structure.
SEPARATE ATMOSPHERE. The atmosphere that exists between rooms, spaces, or areas that are separated by an approved smoke barrier.
SPECIAL INSPECTION. Reserved. Inspection of construction requiring the expertise of an approved special inspector in order to ensure compliance with this code and the approved construction documents.
Continuous Special Inspection. Special inspection by the special inspector who is present when and where the work to be inspected is being performed.
Periodic Special Inspection. Special inspection by the special inspector who is intermittently present where the work to be inspected has been or is being performed.
SPECIAL INSPECTOR. Reserved. A qualified person employed or retained by an approved agency and approved by the building official as having the competence necessary to inspect a particular type of construction requiring special inspection.
STATE ENFORCEMENT AGENCY. Means the agency of state government with authority to make inspections of buildings and to enforce the codes, as required by this part, which establish standards for design, construction, erection, alteration, repair, modification or demolition of public or private buildings, structures or facilities.
[BS] STRUCTURAL OBSERVATION. The visual observation of the structural system by a registered design professional for general conformance to the approved construction documents. Reserved.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are is the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
THRESHOLD BUILDING. In accordance with Florida Statute, any building which is greater than 3 stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons.
TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units with property lines separating each unit in which each unit extends from foundation to roof and with open space on at least two sides.
TYPE A UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in accordance with this code and the provisions for Type A units in ICC A117.1. Reserved.
TYPE B UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in accordance with this code and the provisions for Type B units in ICC A117.1, consistent with the design and construction requirements of the federal Fair Housing Act. Reserved.
WHEELCHAIR SPACE. A space for a single wheelchair and its occupant. See the Florida Building Code, Accessibility.
Chapter 3 – Use and Occupancy Classification
Section 304 – Business Group B. Add Section 304 to read as shown:
304.3 Public and private colleges and universities shall comply with Section 468.
304.4 Florida colleges shall comply with Section 453.
Section 305 – Educational Group E. Add Section 305 to read as shown:
305.3 Public and private educational occupancies shall comply with Section 443.
305.4 Public education occupancies shall comply with Section 453.
Section 307 – High-hazard Group H. Change Section 307.1 to read as shown:
307.1 High-hazard Group H. High-hazard Group H occupancy includes, among others, the use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas complying with Section 414, based on the maximum allowable quantity limits for control areas set forth in Tables 307.1(1) and 307.1(2). Hazardous occupancies are classified in Groups H-1, H-2, H-3, H-4 and H-5 and shall be in accordance with this section, the requirements of Section 415 and the International Fire Code Florida Fire Prevention Code. Hazardous materials stored, or used on top of roofs or canopies shall be classified as outdoor storage or use and shall comply with the International Fire Code Florida Fire Prevention Code.
[F] 307.1.1 Uses other than Group H. An occupancy that stores, uses or handles hazardous materials as described in one or more of the following items shall not be classified as Group H, but shall be classified as the occupancy that it most nearly resembles.
1. – 14. (No Change)
15. Mercantile occupancies offering for retail sale sparklers, novelties and trick noisemakers as defined at Section 791.01, Florida Statutes, and that are not defined as fireworks by Chapter 791, Florida Statutes. Storage of sparklers and other novelties or trick noisemakers as defined in Chapter 791, Florida Statutes, within mercantile occupancies shall be in accordance with Section 791.055, Florida Statutes.
Chapter 4 – Special Detailed Requirements Based on Use and Occupancy
Section 401 – Scope. Add section 401.2 to read as shown:
401.2 Additional design criteria.
401.2.1 Scope. In addition to the provisions of this chapter, the following special occupancies, standards, requirements and codes shall conform to the following sections:
Section 449: Hospitals
Section 450: Nursing homes
Section 451: Ambulatory surgical centers
Section 452: Birthing centers
Section 453: State requirements for educational facilities
Section 454: Swimming pools and bathing places
Section 455: Public lodging establishments
Section 456: Public food service establishments
Section 457: Mental health programs
Section 458: Manufactured buildings
Section 459: Boot camps for children
Section 460: Mausoleums and columbariums
Section 461: Transient public lodging establishments
Section 462: Use of asbestos in new public buildings or buildings newly constructed for lease to government entities–prohibition
Section 463: Adult day care
Section 464: Assisted living facilities
Section 465: Control of radiation hazards
Section 466: Day care occupancies
Section 467: Hospice Inpatient Facilities and Units and Hospice Residences.
Section 468: Schools, Colleges and Universities
Chapter 30: Elevators and conveying systems
Section 3109: Structures seaward of a coastal construction control line
401.2.2 General. Where in any specific case, Sections 449 through 468 specify different materials, methods of construction, design criteria or other requirements then found in this code, the requirements of Sections 449 through 468 shall be applicable.
401.2.3 Referenced standards. Further information concerning the requirements for licensing, maintenance, equipment or other items not related to design and construction may be obtained for all state codes, rules and standards from the State of Florida Bureau of Administrative Codes.
Section 406 – Motor-Vehicle Related Occupancies. Change Section 406.4.1 to read as follows:
406.4.1 Clear height. The clear height of each floor level in vehicle and pedestrian traffic areas shall be not less than 7 feet (2134 mm). Vehicle and pedestrian areas accommodating van-accessible parking shall comply with the Florida Building Code, Accessibility Section 1106.5.
Section 419 – Live / Work Units. Change Section 419.9 to read as follows:
419.9 Plumbing facilities. The nonresidential area of the live/work unit shall be provided with minimum plumbing facilities as specified by Chapter 29, based on the function of the nonresidential area. Where the nonresidential area of the live/work unit is required to be accessible by the Florida Building Code, Accessibility Section 1103.2.13, the plumbing fixtures specified by Chapter 29 shall be accessible.
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