Question:
Does the Florida Residential Code include, within its scope, the construction of more than two Dwellings (defined as either one- or two-family detached buildings) on the same lot?
Comment:
This question regards a “Built To Rent Cottage Community” of one- and two-family dwellings all on the same lot – we believe that these buildings are subject to the Residential Code and not subject to R-3 classification under the Building Code, which would require NFPA 13D sprinkler systems.
R101.2 Scope does not include any information limiting the amount of buildings on a lot.
R101.2.1 Sends us to the FBC-Building for cross-check. 101.2 Scope, Exception 1 does not include any requirement regarding lot lines.
Chapter 2 Definitions of Dwelling and Dwelling Unit do not mention lot lines.
o The Definition of Townhouse does mention lot lines.
Chapter 2 Definition of Lot does not limit the amount of units on one.
Chapter 2 Definition of Fire Separation Distance defines a measurement to be made:
o To the closest interior lot line.
o To the centerline of a street, an alley, or public way.
o [Architect comment: this clause directly allows multiple buildings on a lot] To an imaginary line between two buildings on the lot; or
o For zero lot line developments to an imaginary line between two buildings on adjacent lots when the exterior wall of one building is located on a zero lot line where zero lot line developments are permitted by local regulations.
o The distance shall be measured at a right angle from the face of the wall.
R302 – Fire-Resistant Construction regulates the spacing of Dwellings.
o Exterior Walls of Dwellings and accessory buildings shall comply with Table R302.1.
o The exceptions do not limit the amount of dwellings on a lot.
o Table R302.1 does not limit the amount of dwellings on a lot.
R302.3&4 Regulate the separation between the units, but not between the building and other buildings.
R311 Regulates means of egress, and describes it as being directly to a public way or to a yard or court that opens to a public way, but does not require lot lines.
o A Court is defined as “A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or a building.”
o A Yard is defined in Chapter 2 as “An open space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot on which a building is situated.”
o Public way is defined as “Any street, alley, or other parcel of land open to the outside air leading to a public street, that has been deeded, dedicated, or otherwise permanently appropriated to the public for public use and that has a clear width and height of not less than 10 feet.”
2020 Florida Statute 633.208 ( https://m.flsenate.gov/statutes/633.208 ) item 8 states that the Florida Fire Prevention Code does not apply to one- and two-family dwellings, but a local government can require them as long as an economic cost and benefit report is provided by the local government.
2020 Florida Statute 633.208 ( https://m.flsenate.gov/statutes/633.208 ) item 9 does not allow a requirement for fire sprinklers without specific infrastructure or other tax or fee allowances or waivers […] that reasonably approximate the cost of the purchase and installation of a fire protection system.
2020 Florida Statute 633.208 ( https://m.flsenate.gov/statutes/633.208 ) item 10 does not allow a requirement for fire sprinklers just because a property is a rental property.
Existing Interpretations and/or Declaratory Statements Related to this request
Input Received:
Yes, to the question asked
I agree with Michael. See Florida Statute 553.73(13). "The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements, and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code."
If allowed by local zoning ordinances, you may build multiple one and two family dwellings on one lot.
I agree. There is nothing in the FBC to prevent multiple residential buildings on a single lot, as long as separation, ratings and the like are enforced. Nothing kicks this out of FBC-Residential into FBC-Building.
Answer:
Yes, to the question asked
Commentary:
See Florida Statute 553.73(13). "The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements, and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code."
If allowed by local zoning ordinances, you may build multiple one and two family dwellings on one lot.
