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Interpretation #8576

Original Request

  • Requested By: Patrick Buckley
  • Requester E-Mail: pbuckley@palmcoastgov.com
  • Code Version: 2021
  • Code: BUILDING
  • Code Description:
  • Chapter:
  • Section: 310.5.1
  • 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?

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.
On 10/13/2021 at 2:10 PM

Commentary:

None.