Topic:
Fire Sprinklers in care facilities within a dwelling
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?
Comment:
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?
Existing Interpretations and/or Declaratory Statements Related to this request
Input Received:
Yes. The only way for a recovery residence to be required to be protected with fire sprinkler is via a Change of Occupancy in the Florida Building Code or in the Life Safety Code. Since 553.80(9) states that a change of use to a recovery residence is not a change of occupancy, there is no path to trigger a requirement under the FBC-Building, FBC-Residential or Life Safety Code that would require fire sprinkler protection. A recovery residence, that meets the statutory definition and a charter, is to be treated as an existing single family dwelling that has not undergone any change in occupancy.
I agree with Anthony
Agree
Agree, not happy with the change but agree.
agree with Tony.
Answer:
Yes. The only way for a recovery residence to be required to be protected with fire sprinklers is via a Change of Occupancy in the Florida Building Code or in the Life Safety Code. Since 553.80(9) states that a change of use to a recovery residence is not a change of occupancy, there is no path to trigger a requirement under the FBC-Building, FBC-Residential or Life Safety Code that would require fire sprinkler protection. A recovery residence, that meets the statutory definition and a charter, is to be treated as an existing single family dwelling that has not undergone any change in occupancy.
Commentary:
None.
Comments on Draft:
agree
Agree.
Main point - A recovery residence, that meets the statutory definition and a charter, is to be treated as an existing single family dwelling that has not undergone any change in occupancy.
