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Edit Distributed Request
Original Request
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Request ID:
8553
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Date Submitted:
August 13, 2021
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Requested By: Ann Kinsey
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Code:
Building
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Edition:
2021
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Chapter:
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Section:
310.5.1
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Topic:
13D Residential Sprinkler Systems per FBC 310.5.1 in Community Residential Homes per FS 419
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Question:
Does Florida Statute Chapter 419 EXEMPT a residential care facility for 5 or fewer residents receiving care from having to install a residential sprinkler system (13D) per the Florida Building Code 310.5.1?
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Comments:
Local commercial business owners that accept government funding to house residents who are physically, emotionally, or mentally challenged under the specifications of Florida Statute 419 believe they should be exempt from Florida Building Code 310.5.1 when there are 5 or fewer residents in the house. They also state that the statute says that only under local laws and ordinances would property used in that manner be deemed residential, not commercial. And they state that the Florida Building Code has to be adopted locally, which makes it a local law.
The Building Official feels the Florida Building Code is very clear about letting these businesses exist according to the residential regulations, provided they comply with FBC 310.5.1 (install a 13D sprinkler system per FBC 903.3.1.3). This is what makes FS 419 possible, as it provides a few more minutes to allow the staff to get the residents out of the building in case of a fire. Furthermore, F.S. Chapter 419 speaks only of zoning regulations. It does not mention the building regulations. Regarding the argument that building regulations are “local laws and ordinances”, the Florida Building Code is a State rule, as such the Building Code is not adopted locally, and remains a statewide building code.
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Attachment 1: Download
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Attachment 2: Download
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