swimFBC-legal scope09
Issue: Discussion on whether the Commission has the legal authority to expand the scope of
the FBC, Existing Plumbing Code to require at the time of repair or alteration,
that existing swimming pools meet additional pool construction requirements.
Staff
background on the issue
2007
SECTION 202
DEFINITIONS
EXISTING STRUCTURE. A structure erected prior to the date of adoption of the appropriate code, or one for which a legal building permit has been issued.
SECTION 101
GENERAL
SCOPE
101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures
Exceptions:1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential .
2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Chapter 34 of this code.
CHAPTER 34
EXISTING STRUCTURES
SECTION 3401
GENERAL
3401.1 Scope.
Alteration, repair, addition, relocation and change of occupancy of existing
structures and buildings shall comply with the provisions of the Florida
Building Code,
Exception: Reserved.
3401.2 Maintenance. Reserved.
3401.3 Compliance with other codes. Reserved.
APPLICABILITY
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of this code. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law:
THE LAW
553.73
2) The Florida Building Code shall contain provisions or requirements for public and private buildings, structures, and facilities relative to structural, mechanical, electrical, plumbing, energy, and gas systems, existing buildings, historical buildings, manufactured buildings, elevators, coastal construction, lodging facilities, food sales and food service facilities, health care facilities, including assisted living facilities, adult day care facilities, hospice residential and inpatient facilities and units, and facilities for the control of radiation hazards, public or private educational facilities, swimming pools, and correctional facilities and enforcement of and compliance with such provisions or requirements. Further, the Florida Building Code must provide for uniform implementation of ss. 515.25, 515.27, and 515.29 by including standards and criteria for residential swimming pool barriers, pool covers, latching devices, door and window exit alarms, and other equipment required therein, which are consistent with the intent of s. 515.23. Technical provisions to be contained within the Florida Building Code are restricted to requirements related to the types of materials used and construction methods and standards employed in order to meet criteria specified in the Florida Building Code. 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 the Florida Building Code, and subsections (4), (5), (6), (7), and (8) are not to be construed to allow the inclusion of such provisions within the Florida Building Code by amendment. This restriction applies to both initial development and amendment of the Florida Building Code.
2007
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.5 Compliance methods. The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with one of the methods listed in Sections 101.5.1 through 101.5.3 as selected by the applicant. Application of a method shall be the sole basis for assessing the compliance of work performed under a single permit unless otherwise approved by the code official. Sections 101.5.1 through 101.5.3 shall not be applied in combination with each other.
Exception: Alterations complying with the laws in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the provisions of this code unless the building has sustained substantial structural damage as defined in Section 506.2, or the building is undergoing more than a limited structural alteration as defined in Section 807.5.3. New structural members added as part of the repair or alteration shall comply with the Florida Building Code, Building. Repairs and alterations of existing buildings in flood hazard areas shall comply with Sections 501.4 and 601.3, respectively.
101.5.1 Prescriptive compliance method. Repairs, alterations, additions and changes of occupancy complying with Chapter 3 of this code in buildings complying with the Florida Fire Prevention Code shall be considered in compliance with the provisions of this code.
101.5.2 Work area compliance method. Repairs, alterations, additions, changes in occupancy and relocated buildings complying with the applicable requirements of Chapters 4 through 12 of this code shall be considered in compliance with the provisions of this code.
101.5.3 Performance compliance method. Repairs, alterations, additions, changes in occupancy and relocated buildings complying with Chapter 13 of this code shall be considered in compliance with the provisions of this code.
SECTION 202
GENERAL DEFINITIONS
ADDITION. An extension or increase in floor area, number of stories, or height of a building or structure.
ALTERATION. Any construction or renovation to an existing structure other than a repair or addition. Alterations are classified as Level 1, Level 2, and Level 3.
EXISTING BUILDING. A building or structure or portion of a building or structure which has been previously legally occupied or used for its intended purpose.
REPAIR. The patching, restoration and/or minor replacement of materials, elements, components, equipment and/or fixtures for the purposes of maintaining such materials, elements, components, equipment and/or fixtures in good or sound condition.
WORK AREA. That portion or portions of a building consisting of all reconfigured elements, systems or spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this code.
SECTION 402
REPAIRS
402.1 Scope. Repairs, as defined in Chapter 2, include the patching or restoration or replacement of damaged materials, elements, equipment or fixtures for the purpose of maintaining such components in good or sound condition with respect to existing loads or performance requirements.
402.2 Application. Repairs shall comply with the provisions of Chapter 5.
402.3 Related work. Work on nondamaged components that is necessary for the required repair of damaged components shall be considered part of the repair and shall not be subject to the provisions of Chapter 6, 7, 8, 9 or 10.
SECTION 403
ALTERATION—LEVEL 1
403.1 Scope. Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose. Level 1 alterations shall not include any removal, replacement or covering of existing materials, elements, equipment or fixtures undertaken for purpose of repair as defined in Chapter 2 and described in Section 402.
403.2 Application. Level 1 alterations shall comply with the provisions of Chapter 6.
SECTION 404
ALTERATION—LEVEL 2
404.1 Scope. Level 2 alterations include the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment.
404.2 Application. Level 2 alterations shall comply with the provisions of Chapter 6 for Level 1 alterations as well as the provisions of Chapter 7.
SECTION 405
ALTERATION—LEVEL 3
405.1 Scope. Level 3 alterations apply where the work area exceeds 50 percent of the aggregate area of the building and made within any 12-month period.
Exception: Work areas in which the alteration work is exclusively plumbing, mechanical or electrical shall not be included in the computation of total area of all work areas.
405.2 Application. Level 3 alterations shall comply with the provisions of Chapters 6 and 7 for Level 1 and 2 alterations, respectively, as well as the provisions of Chapter 8.