CHAPTER 553
BUILDING CONSTRUCTION STANDARDS
PART I
MANUFACTURED (MODULAR) BUILDINGS (ss. 553.35-553.42)
PART II
ACCESSIBILITY BY HANDICAPPED PERSONS (ss. 553.501-553.513)
PART III
TRENCH SAFETY ACT (ss. 553.60-553.64)
PART IV
PART V
THERMAL EFFICIENCY STANDARDS (ss. 553.900-553.912)
PART VI
ENERGY CONSERVATION STANDARDS (ss. 553.951-553.975)
PART VII
STANDARDS FOR RADON-RESISTANT BUILDINGS (s. 553.98)
PART VIII
BUILDING ENERGY-EFFICIENCY RATING SYSTEM (ss. 553.990-553.998)
PART I
MANUFACTURED (MODULAR) BUILDINGS
553.35 Short title.
553.355 Minimum construction requirements established.
553.36 Definitions.
553.37 Rules; inspections; and insignia.
553.375 Recertification of manufactured (modular) buildings.
553.38 Application and scope.
553.381 Manufacturer certification.
553.382 Placement of certain housing.
553.39 Injunctive relief.
553.41 Penalties.
553.415 Factory-built school buildings.
553.42 Legislative intent.
553.35 Short title.--This part shall be known and may be cited
as the "Florida Manufactured (Modular) Building Act of 1979."
History.--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; s. 4, ch. 91-429.
553.355 Minimum construction requirements established.--The
Florida Building Code and the Florida Fire Prevention and Lifesafety Codes
shall be the minimum construction requirements governing the manufacture,
design, construction, erection, alteration, modification, repair, and
demolition of manufactured (modular) buildings.
History.--s. 54, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
553.36 Definitions.--The definitions contained in this section govern the construction of this part unless the context otherwise requires.
(1) "Approved" means conforming to the requirements of the Florida Building Code.
(2) "Approved inspection agency" (Third Party Agency) means an organization 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, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the Florida Building Code and to label such units complying with those standards.
(3) "Closed construction" means that condition when any building, component, assembly, subassembly, 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, building component, assembly, or system manufactured in such a manner that all portions can be readily inspected at the building site without disassembly thereof, damage thereto, or destruction thereof.
(5) "Columbarium" means a permanent structure consisting of niches.
(6) "Component" means any assembly, subassembly, or combination of parts for use as a part of a building, which may include structural, electrical, mechanical, and fire protection systems and other systems affecting health and safety. Components that incorporate elements of a building subject to the product approval system adopted under s. 553.842 are subject to approval in accordance with the product approval system upon implementation thereof and are not subject to the rules adopted under this part. Components to which the rules adopted under this part apply are limited to three-dimensional systems for use as part of a building.
(7) "Department" means the Department of Community Affairs.
(8) "Factory-built school shelter" means any site-assembled or factory-built school building that is designed to be portable, relocatable, demountable, or reconstructible and that complies with the provisions for enhanced hurricane protection areas, as required by the applicable code.
(9) "Insignia" means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part.
(10) "Install" means the assembly of a manufactured (modular) building component or system on site and the process of affixing a manufactured (modular) building component or system to land, a foundation, or an existing building, and service connections which are a part thereof.
(11) "Local government" means any municipality, county, district, or combination thereof comprising a governmental unit.
(12) "Manufacture" means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, semi-finished, or finished materials.
(13) "Manufactured (Modular) building" means a
closed structure, building assembly, or system of subassemblies, which may
include structural, electrical, plumbing, heating, ventilating, or other
service systems manufactured in manufacturing facilities for installation or
erection as a finished building or as part of a finished building, which shall
include, but not be limited to, residential, commercial, institutional,
storage, and industrial structures. The term includes buildings not intended
for human habitation such as lawn storage buildings and storage sheds
manufactured and assembled offsite by a manufacturer certified in conformance
with this part. The term also includes factory-built school buildings, which
means any building designed or intended for use as a school building, which is
in whole or in part, manufactured at an offsite facility in compliance with the
Florida Building Code, including specific requirements for Public Educational
Facilities. This part does not apply
to mobile homes.
(14) "Mobile home" means any residential unit, commonly referred to as manufactured housing, constructed to standards promulgated by the United States Department of Housing and Urban Development.
(15) "Module" means a separately transported three-dimensional component of a manufactured (modular) building which contains all or a portion of structural systems, electrical systems, plumbing systems, mechanical systems, fire systems, and thermal systems.
(16) "Private mausoleum" means a structure intended for the private use of a family or group of family members.
(17) "Site" is the location on which a manufactured (modular) building is installed or is to be installed.
(18) "System" means structural, plumbing, mechanical,
heating, electrical, or ventilating elements, materials, or components combined
for use in a building.
History.--s. 2, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 79-152; s. 76, ch. 81-167; ss. 2, 3, ch. 81-318; s. 79, ch. 83-55; ss. 3, 4, ch. 84-32; s. 4, ch. 91-429; ss. 55, 56, ch. 2000-141; ss. 21, 34, ch. 2001-186; s. 3, ch. 2001-372; s. 12, ch. 2007-55.
553.37 Rules; inspections; and insignia.--
(1) The Florida Building Commission shall adopt within the
Florida Building Code requirements for construction or modification of manufactured
(modular) buildings and building modules, to address:
(a) Submittal to and approval by the department of manufacturers'
drawings and specifications, including any amendments.
(b) Submittal to and approval by the department of manufacturers' internal quality control procedures and manuals, including any amendments.
(2) The department shall, by rule,
establish criterion to address:
(c) (a) Procedures and qualifications for approval
of third-party plan review and inspection entities agencies and
of those who perform inspections and plan reviews.
(d) (b) Investigation of consumer complaints of
noncompliance of manufactured (modular) buildings with the Florida
Building Code and the Florida Fire Prevention Code.
(e)(c) Issuance, cancellation, and revocation of any
insignia issued by the department and procedures for auditing and accounting
for disposition of them.
(f)(d) Monitoring the manufacturers', inspection entities',
and plan review entities' agencies’ compliance with this part and
the Florida Building Code. Monitoring may include, but is not limited to,
performing audits of plans, inspections of manufacturing facilities and
observation of the manufacturing and inspection process, and onsite inspections
of buildings.
(g)(e) The performance by the department of any other
functions required by this part.
(2)(3) After the effective date of the Florida Building
Code, no manufactured (modular) building, except as provided in
subsection (11) (12), may be installed in this state unless it is
approved and bears the insignia of approval of the department and a
manufacturer’s data plate. Approvals issued by the department under the
provisions of the prior part shall be deemed to comply with the requirements of
this part.
(3)(4) All manufactured (modular) buildings issued
and bearing insignia of approval pursuant to subsection (2) shall be deemed to
comply with the Florida Building Code and are exempt from local amendments
enacted by any local government.
(4)(5) No manufactured (modular) building bearing
department insignia of approval pursuant to subsection (2) shall be in any way
modified prior to installation, except in conformance with the Florida Building
Code.
(5) (6) Manufactured (modular) buildings
which have been issued and bear the insignia of approval pursuant to this part
upon manufacture or first sale shall not require an additional approval or
insignia by a the local government in which they are subsequently
sold or installed. Buildings or structures that meet the definition of
"open construction" are subject to permitting by the local jurisdiction
and are not required to bear insignia.
(6)(7) If the Florida Building Commission
determines that the standards for construction and inspection of manufactured (modular)
buildings prescribed by statute or rule of another state are at least equal to
the Florida Building Code and that such standards are actually enforced by such
other state, it may provide by rule that the manufactured (modular) building
which has been inspected and approved by such other state shall be deemed to
have been approved by the department and shall authorize the affixing of the
appropriate insignia of approval.
(7)(8) The Florida Building Commission department,
by rule, shall establish a schedule of fees to pay the cost incurred by the
department for the work related to administration and enforcement of
this part.
(8)(9) The department may delegate its enforcement
authority to a state department having building construction responsibilities
or a local government. The department may delegate its plan review and
inspection authority to a state departments having building
construction responsibilities, a local governments, an
approved inspection agencyies, an approved plan review
agencyies, or an agency of another state.
(9) If the commission delegates its inspection authority to
third-party approved inspection agencies, manufacturers must have one, and only
one, inspection agency responsible for inspection of a manufactured building,
module, or component.
(10) If the commission delegates
its inspection authority to third-party approved plan review agencies,
manufacturers must have one, and only one, plan review agency responsible for
review of plans of a manufactured building, module, or component at all times.
(10) The department shall develop an identification insignia
to be affixed to all newly constructed buildings by the manufacturer or the
inspection agency prior to the building leaving the plant. The department may
charge a fee for issuing such insignias.
Such insignias shall bear the department's name, and state seal and an
identification number unique to that insignia.
(11) The department shall, by
rule, develop minimum building identification criterion (data plate) which
shall be affixed to all newly constructed buildings by the manufacturer or the
inspection agency prior to the building leaving the plant.
(11)(12)Custom or
one-of-a-kind prototype manufactured (modular) buildings shall not be
required to have state approval but must comply with all local requirements of
the governmental agency having jurisdiction at the installation site.
History.--s. 3, 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. 1, 4, ch. 80-86; ss. 2, 3, ch. 81-318; ss. 1, 3, 4, ch. 84-32; s. 4, ch. 91-429; s. 1, ch. 98-145; ss. 57, 58, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
553.375 Recertification of manufactured
modular buildings.--Prior to the relocation to a
higher wind speed design, modification, or change of occupancy of a manufactured
(modular) building within the state, the manufacturer, dealer, or owner
thereof may apply to the department for recertification of that manufactured (modular)
building. The department shall, by rule, provide what information the applicant
must submit for recertification and for plan review and inspection of such manufactured
(modular) buildings and shall establish fees for recertification. Upon a
determination by the department that the manufactured (modular) building
complies with the applicable building codes, the department shall issue a
recertification insignia. A manufactured (modular)building that bears
recertification insignia does not require any additional approval by an
enforcement jurisdiction in which the building is sold or installed, and is
considered to comply with all applicable codes. As an alternative to
recertification by the department, the manufacturer, dealer, or owner of a manufactured
(modular) building may seek appropriate permitting and a certificate of
occupancy from the local jurisdiction in accordance with procedures generally
applicable under the Florida Building Code.
History.--s. 59, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
553.38 Application and scope.--The department shall enforce
every provision of the Florida Building Code adopted pursuant hereto, except
that local land use and zoning requirements, fire zones, building setback
requirements, side and rear yard requirements, site development requirements,
property line requirements, subdivision control, and onsite installation
requirements, as well as the review and regulation of architectural and
aesthetic requirements, are specifically 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 manufactured
(modular) 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.
History.--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; ss. 1, 6, ch. 79-152; ss. 2, 4, ch. 80-86; ss. 2, 3, ch. 81-318; ss. 3, 4, ch. 84-32; s. 4, ch. 91-429; s. 60, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
553.381 Manufacturer certification.--
(1) Before manufacturing buildings to be located within this state or selling manufactured (modular) buildings within this state, whichever occurs later, a manufacturer must be certified by the department. The department shall certify a manufacturer upon receipt from the manufacturer and approval and verification by the department of the following:
(a) The manufacturer's internal quality control procedures and manuals, including any amendments;
(b) Evidence that the manufacturer has product liability insurance for the safety and welfare of the public in amounts determined by rule of the commission; and
(c) The fee established by the commission under s. 553.37(7)
department.
(2) The department may impose disciplinary sanctions against a
manufacturer revoke any certification upon the failure of the
manufacturer to comply with the Florida Building Code, or other requirements of
this part, which sanctions may include revocation of the manufacturer’s
certification, enhanced inspection requirements, remedial work to buildings,
payment of monetary penalties, payment of the costs of investigation and
prosecution of the violation or any combination of the foregoing. The Department shall adopt by rule a
schedule of penalties associated with categories of violations and
circumstances of the violation.
(3) Certification of manufacturers under this section shall be
for a period of 3 years, subject to renewal by the manufacturer. Upon
application for renewal, the manufacturer must submit the information described
in subsection (1) or a sworn statement that there has been no change in the
status or content of that information since the manufacturer's last submittal.
Fees for renewal of manufacturers' certification shall be established by the commission
department by rule.
History.--ss. 2, 4, ch. 84-32; s. 4, ch. 91-429; s. 802, ch. 97-103; ss. 61, 62, ch. 2000-141; s. 30, ch. 2001-63; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
553.382 Placement of certain housing.--Notwithstanding any
other law or ordinance to the contrary, in order to expand the availability of
affordable housing in this state, any residential manufactured (modular)
building that is certified under this chapter by the Department of Community
Affairs may be placed on a mobile home lot in a mobile home park, recreational
vehicle park, or mobile home condominium, cooperative, or subdivision. Any such
housing unit placed on a mobile home lot is a mobile home for purposes of
chapter 723 and, therefore, all rights, obligations, and duties under chapter
723 apply, including the specifics of the prospectus. However, a housing unit
subject to this section may not be placed on a mobile home lot without the
prior written approval of the park owner. Each housing unit subject to this
section shall be taxed as a mobile home under s. 320.08(11) and is subject to
payments to the Florida Mobile Home Relocation Fund under s. 723.06116. This section is not intended to alter the
foundations requirements for modular residences contained in the Florida
Building Code.
History.--s. 7, ch. 2007-227.
553.39 Injunctive relief.--The department may seek injunctive
or other relief from the circuit court of appropriate jurisdiction to compel
compliance with the requirements of this part or with the Florida Building Code
or to enjoin the sale, delivery, or installation of a manufactured (modular)
building, upon an affidavit specifying the manner in which the building does
not conform to the Florida Building Code or other requirements of this part.
Noncompliance with the Florida Building Code or this part shall be considered
prima facie evidence of irreparable damage in any cause of action brought under
the authority of this part.
History.--s. 6, 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. 3, 4, ch. 80-86; ss. 2, 3, ch. 81-318; ss. 3, 4, ch. 84-32; s. 4, ch. 91-429; s. 63, ch. 2000-141.
553.41 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. 775.082 or s. 775.083.
History.--s. 5A, 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; s. 146, ch. 91-224; s. 4, ch. 91-429.
553.415 Factory-built school buildings.--
(1) It is the purpose of this section to provide an
alternative procedure for the construction and installation of factory-built
school buildings designed or intended for use as school buildings. As used in
this section, the term "factory-built school building" means any
building designed or intended for use as a school building, which is in whole
or in part, manufactured at an offsite facility in compliance with the State
Uniform Code for Public Educational Facilities and Department of Education
rule, effective on January 5, 2000. After March 1, 2002, the Uniform Code for
Public Educational Facilities shall be incorporated into the Florida Building
Code, including specific requirements for Public Educational Facilities and the
Department of Education rule, effective on January 5, 2000. For the purpose of
this section, factory-built school buildings include prefabricated educational
facilities, factory-built educational facilities, and modular-built educational
facilities, that are designed to be portable, relocatable, demountable, or
reconstructible; are used primarily as classrooms or the components of an
entire school: and do not fall under the provisions of ss. 320.822-320.862.
(2) A manufacturer of factory-built school buildings shall be
subject to the certification and enforcement requirements in this part except
as provided in this section.
(3) Within 90 days after the effective date of this section,
the department shall adopt by emergency rule regulations to carry out the
provisions of this section. Such rule shall ensure the safety of design, construction,
accessibility, alterations, and inspections and shall also prescribe procedures
for the plans, specifications, and methods of construction to be submitted to
the department for approval.
(4) A manufacturer of factory-built school buildings designed
or intended for use as school buildings shall submit to the department for
approval the manufacturer's plans, specifications, alterations, and methods of
construction. The department is authorized to charge manufacturers a fee which
reflects the actual expenses incurred for the review of such plans and
specifications.
(5) The department in accordance with the standards and
procedures adopted pursuant to this section and as such standards and
procedures may thereafter be modified, shall approve or reject such plans,
specifications, and methods of construction. Approval shall not be given unless
such plans, specifications, and methods of construction are in compliance with
the State Uniform Building Code for Public Educational Facilities, and
department rule. After March 1, 2002, the Uniform Code for Public Educational
Facilities shall be incorporated into the Florida Building Code, including
specific requirements for public educational facilities and department rule.
(6) The department may delegate its plans review authority to
a state agency or public or private entity; however, the department shall
ensure that any person conducting plans reviews is a certified plans examiner,
pursuant to part XII of chapter 468.
(7) A standard plan approval may be
obtained from the department for factory-built school buildings and such
department-approved plans shall be accepted by the enforcement agency as
approved for the purpose of obtaining a construction permit for the structure
itself. The department, or its designated representative, shall determine if
the plans qualify for purposes of a factory-built school shelter, as defined in
s. 553.36.
(8) Any amendment to the State Uniform Code for Public
Educational Facilities, and after March 1, 2002, the Florida Building Code,
shall become effective 180 days after the amendment is filed with the Secretary
of State. Notwithstanding the 180-day delayed effective date, the manufacturer
shall submit and obtain a revised approved plan within the 180 days. A revised
plan submitted pursuant to this subsection shall be processed as a renewal or
revision with appropriate fees. A plan submitted after the period of time
provided shall be processed as a new application with appropriate fees.
(9) The school district or community college district for
which any factory-built school building is constructed or altered after July 1,
2001, shall provide for periodic
inspection of the proposed factory-built school building during each phase of
construction or alteration. The inspector shall act under the direction of the
governing board for employment purposes. This subsection does not prevent a
school district or community college district from purchasing or otherwise
using a factory-built school building that has been inspected during all phases
of construction or alteration conducted after July 1, 2001, by another school
district or community college or by an approved inspection agency certified
pursuant to s. 553.36(2). If a factory-built school building is constructed or
altered for an entity other than a school district or community college
district, such entity may employ at its election a school district, community
college district, or such approved inspection agency to conduct such
inspections. A school district or community college district so employed may
charge such entity for services at reasonable rates comparable to those charged
for similar services by approved inspection agencies.
(10) The department shall, by rule, develop forms and
reporting periods for the architect or structural engineer in charge of the
supervision of the work of construction in the factory, the inspector on the
work, and the manufacturer verifying that based upon personal knowledge, the
work during the period covered by the report has been performed, and the
materials used and installed, in every particular, in accordance with the approved
plans and specifications, setting forth such detailed statements of facts as
required by the department.
(11) The department shall develop a unique identification
label to be affixed to all newly constructed factory-built school buildings and
existing factory-built school buildings which have been brought into compliance
with the standards for existing "satisfactory" buildings pursuant to
chapter 5 of the Uniform Code for Public Educational Facilities, and after
March 1, 2002, the Florida Building Code, The department may charge a fee for issuing
such labels. Such labels, bearing the
department's name and state seal, shall at a minimum, contain:
(12) Such identification label shall be permanently affixed by
the manufacturer in the case of newly constructed factory-built school
buildings, or by the department or its designee in the case of an existing
factory-built building altered to comply with provisions of s. 1013.20.
(a) The name of the
manufacturer.
(b) The standard plan approval number or alteration number.
(c) The date of manufacture or alteration.
(d) The serial or other identification number.
(e) The following designed-for loads: lbs. per square foot
live load; lbs. per square foot floor live load; lbs. per square foot
horizontal wind load; and lbs. per square foot wind uplift load.
(f) The designed-for flood zone usage.
(g) The designed-for wind zone usage.
(h) The designed-for enhanced hurricane protection zone usage:
yes or no.
(13) As of July 1, 2001, all newly constructed factory-built
school buildings shall bear a label pursuant to subsection (12). As of July 1,
2002, existing factory-built school buildings and manufactured buildings used
as classrooms and not bearing such label shall not be used as classrooms
pursuant to s. 1013.20.
(14) Nothing in this section shall affect any requirement for
compliance with firesafety criteria.
History.--s. 64, ch. 2000-141; s. 22, ch. 2001-186; s. 1, ch. 2001-372; s. 1028, ch. 2002-387.
553.42 Legislative intent.--Nothing herein shall act to nullify
or supersede the provisions of chapter 527 relating 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. 74-208; 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; s. 4, ch. 91-429.