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Interpretation #8518

Original Request

  • Requested By: KEITH ELLIS
  • Requester E-Mail: kellis@nassaucountyfl.com
  • Code Version: 2021
  • Code: RESIDENT
  • Code Description:
  • Chapter:
  • Section: R101.2
  • Topic: Applicability of the FBC-Residential or the FBC-Building

  • Question: Can the FBC-Residential code, be used to design multiple detached single family dwellings or two-family dwellings (all 247 structures are non-transient rental units, 2 story or less) under one ownership, all located on the same lot ? (including using Table R302 for exterior wall separation and no fire sprinkler system, etc.) OR would the occupancy classification be R-3 per R310.5 and the dwelling design be required to comply with the FBC-Building ? (fire sprinklers per 903.2.8, exterior walls per Table 602, etc.)

Answer:

Yes, the Florida Building Code-Residential applies to the described project. Under the Residential Code as detached single family dwellings and use assumed property lines.
The Residential Code contains a definition for "Fire Separation Distance" #3 "to an imaginary line between two buildings on the same lot".
The scope in FRC R101.2 (and the FBC 101.2) indicate the use of the Residential Code for detached one and two family dwellings. If you read the definition of a "dwelling" and since none of the previous sections cited nor the FBC 310.5 mention anything about having to be on their own lot, therefore these units are in fact detached single family dwellings covered under the Residential Code.

Commentary:

Based on the definition of dwelling found in FBC-Bldg DWELLING. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.