Interpretation #7956

Published May 11, 2017

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Original Request

Code Version
2014
Code
BUILDING
Code Description
Chapter
3
Section
310
Topic
Change of Use for SFD to Vacation Rental

Question

Is it the intent of Section 310 and Section 111 of the FBC-Building to require a new certificate of occupancy as an R-1 when a detached single family dwelling, issued a CO under the FBR as a Single Family Dwelling, becomes a vacation rental licensed as a transient public lodging establishment under FS 509?

Answer Published 05/11/2017 at 11:17 AM

Yes. This is a change of use within an occupancy group. and as such a C of O for the new use is required. While not crystal clear in the FBC 5th Edition, a base code change adding the word use to the FBC 6th Edition clarifies this intent.
[A] 111.1 Use and occupancy. A building or structure shall not be used or occupied,
and a change in the existing USE OR occupancy classification of a building or structure
or portion thereof shall not be made, until the building official has issued a certificate
of occupancy therefor as provided herein....

Commentary

None