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Original Request
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Request ID:
8576
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Date Submitted:
October 06, 2021
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Requested By: Patrick Buckley
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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:
Fire Sprinklers in care facilities within a dwelling
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Question:
Does F.S. 553.80 (9) prohibit a local government building department from requiring a fire sprinkler system in a dwelling converted to, and operating as, a Recovery Residence under F.S. 397?
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Comments:
2021 SB 804 in effect on 07/01/2021 amended F.S. 553.80 "Enforcement" by adding a new Subsection (9) that reads: "(9) A single-family or two-family dwelling that is converted into a certified recovery residence, as defined in s. 397.311, or a recovery residence, as defined in s. 397.311, that has a charter from an entity recognized or sanctioned by Congress does not have a change of occupancy as defined in the Florida Building Code solely due to such conversion.". A "Recovery residence" is defined in F.S. 397.311 (38) as: “Recovery residence” means a residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, which is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment.
Operators of Recovery Residences have asserted they are exempt from fire sprinkler requirements contained in 7th Edition FBC Section 310.5.1 because of changes made to F.S. 553.80 (9) by passage of SB 804. I agree that converting an existing dwelling for the purpose of operating a Recovery Residence is not a change of occupancy per F.S. 553.80 (9); however, Section 310.5.1 applies to all care facility types within a dwelling and is not contingent on a change of occupancy, an existing dwelling converted for use as a Recovery residence may be required to be provided with an automatic fire sprinkler system in accordance with Section 310.5.1?
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Attachment 2: Download
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