Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

Removal of architectural barriers, pursuant to 28 C.F.R. s. 36.304, from buildings, structures, or facilities to which this act applies shall comply with ss. 553.501-553.513 unless compliance would render the removal not readily achievable. In no instance shall the removal of an …

(1) This part and the Americans with Disabilities Act Standards for Accessible Design do not relieve the owner of any building, structure, or facility governed by this part from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, r…

Every nonresidential structure built on or after January 1, 1991, which is designed to use covered or underground parking as the primary available parking space shall design the covered or underground parking facility to maintain a minimum height for the portion of the street-acc…

(1) The Florida Building Commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers shall not vio…

It shall be the responsibility of each local government and each code enforcement agency established pursuant to s. 553.80 to enforce the provisions of this part. This act expressly preempts the establishment of handicapped accessibility standards to the state and supersedes any …

Consistent with the federal implementation of the 2010 Americans with Disabilities Act Standards for Accessible Design, buildings and facilities in this state may be designed in conformity with the 2010 standards if the design also complies with Florida-specific requirements prov…

(1) For purposes of this section:(a) “Commerce” means travel, trade, traffic, commerce, transportation, or communication:1. Among the several states;2. Between any foreign country or any territory or possession and any state; or3. Between points in the same state but through anot…

This act may be cited as the “Trench Safety Act.”History.—s. 1, ch. 90-96.

The purpose and intent of this act is to provide for increased worker safety by requiring compliance with sufficient standards for trench safety.History.—s. 2, ch. 90-96.

The Occupational Safety and Health Administration’s excavation safety standards, 29 C.F.R. s. 1926.650 subpart P, are hereby incorporated as the state standard.History.—s. 3, ch. 90-96; s. 31, ch. 2011-213.

On all specific contracts for trench excavation in which such excavation will exceed a depth of 5 feet:(1) The contract bid submitted by the contractor who will perform such excavation shall include:(a) A reference to the trench safety standards that will be in effect during the …

The separate item identifying the cost of compliance with trench safety standards shall be based on the linear feet of trench to be excavated. The separate item for special shoring requirements, if any, shall be based on the square feet of shoring used. Every separate item shall …

This part shall be known and may be cited as the “Florida Building Codes Act.”History.—s. 1, ch. 74-167; s. 1, ch. 77-365.

As used in this part, the term:(1) “Commission” means the Florida Building Commission created by this part.(2) “Department” means the Department of Business and Professional Regulation.(3) “Housing code” means any code or rule intending postconstruction regulation of structures w…

(1) The purpose and intent of this act is to provide a mechanism for the uniform adoption, updating, amendment, interpretation, and enforcement of a single, unified state building code, to be called the Florida Building Code, which consists of a single set of documents that apply…

In order for the Department of Business and Professional Regulation to administer and carry out the purposes of this part and related activities, there is created a surcharge assessed at the rate of 1 percent of the permit fees associated with enforcement of the Florida Building …

(1)(a) The commission shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the Florida Building Code which shall contain or incorporate by reference all laws and rules which pertain to and govern the design, construction, erection, alteration, modification, repair, and dem…

(1) The Florida Building Commission is created and located within the Department of Business and Professional Regulation for administrative purposes. Members are appointed by the Governor subject to confirmation by the Senate. The commission is composed of 19 members, consisting …

(1) The commission shall meet on call of the secretary. The commission shall annually elect from its appointive members such officers as it may choose.(2) The commission shall meet at the call of its chair, at the request of a majority of its membership, at the request of the dep…

The commission is authorized to:(1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.(2) Issue memoranda of procedure for its internal management and control. The commission may adopt rules related to its consensus-based decisionmaking pr…

(1) The commission shall:(a) Adopt and update the Florida Building Code or amendments thereto, pursuant to ss. 120.536(1) and 120.54.(b) By July 1, 2027, adopt by rule a uniform commercial building permit application to be used statewide for commercial construction projects and a…

(1) It is the intent of the Legislature that the Florida Building Code and the Florida Accessibility Code for Building Construction be interpreted by building officials, local enforcement agencies, and the commission in a manner that protects the public safety, health, and welfar…

(1) The Legislature finds that accountability for work performed by design professionals and contractors is the key to strong and consistent compliance with the Florida Building Code and, therefore, protection of the public health, safety, and welfare. The purpose of this section…

(1)(a) Unless otherwise provided by law, after the effective date of the Florida Building Code adopted as herein provided, it shall be unlawful for any person, firm, corporation, or governmental entity to construct, erect, alter, modify, repair, or demolish any building within th…

(1) As used in this section, the term:(a) “Applicable codes” means the Florida Building Code and any local technical amendments to the Florida Building Code but does not include the applicable minimum fire prevention and firesafety codes adopted pursuant to chapter 633.(b) “Audit…

(1)(a) A local government must approve, approve with conditions, or deny a building permit application after receipt of a completed and sufficient application within the following timeframes, unless the applicant waives such timeframes in writing:1. Within 5 business days after r…

(1) A contractor must file a Uniform Fire Alarm Permit Application as provided in subsection (3) with the local enforcement agency and must receive the fire alarm permit before installing or replacing a fire alarm, if the local enforcement agency requires a plan review for the in…

Following a state of emergency declared pursuant to s. 252.36 for a natural emergency, local governments impacted by the emergency shall approve special processing procedures to expedite permit issuance for permits that do not require technical review, including, but not limited …

(1) As used in this section, the term:(a) “Contractor” means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489.(b) “Low-voltage alarm system…

(1) As used in this section, the term “applicable local governmental entity” means the local enforcement agency or local law enforcement agency responsible for the administration of alarm system registration in a jurisdiction.(a) The owner, lessee, or occupant, or an authorized r…

(1) As used in this section, the term:(a) “Alteration” means to add, install, relocate, replace, or remove.(b) “Component” means valves, fire sprinklers, escutcheons, hangers, compressors, or any other item deemed acceptable by the local enforcing agency. For purposes of this par…

(1) MASTER BUILDING PERMIT PROGRAM CREATION.—If a local building code administrator licensed under part XII of chapter 468 receives a written request from a general, building, or residential contractor licensed under chapter 489 requesting the creation of a master building permit…

(1) Except as provided in paragraphs (a)-(g), each local government and each legally constituted enforcement district with statutory authority shall regulate building construction and, where authorized in the state agency’s enabling legislation, each state agency shall enforce th…

Any local government, legally constituted enforcement district, or state agency authorized to enforce sections of the Florida Building Code under s. 553.80 may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale, delivery, use, occupanc…

(1) The Legislature finds that the courts have reached different conclusions concerning the scope and extent of the common law doctrine or theory of implied warranty of fitness and merchantability or habitability for improvements immediately supporting the structure of a new home…

(1) As used in this section, the term:(a) “Builder” has the same meaning as in s. 553.993.(b) “Material violation” has the same meaning as in s. 553.84.(c) “Newly constructed home” means any residential real property or manufactured building, modular building, or factory-built bu…

Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a material violation of this part or the Florida Building Code has a cause of action in any court of competent jurisd…

(1) The Legislature finds that knowledge and understanding by persons licensed or employed in the design and construction industries of the importance and need for complying with the Florida Building Code and related laws is vital to the public health, safety, and welfare of this…

(1) The commission shall adopt rules under ss. 120.536(1) and 120.54 to develop and implement a product evaluation and approval system that applies statewide to operate in coordination with the Florida Building Code. The commission may enter into contracts to provide for administ…

(1) For local product approval, products or systems of construction shall demonstrate compliance with the structural windload requirements of the Florida Building Code through one of the following methods:(a) A certification mark, listing, or label from a commission-approved cert…

(1) The Legislature finds that:(a) The effects of recent hurricanes on the state have demonstrated the effectiveness of the Florida Building Code in reducing property damage to buildings constructed in accordance with its requirements, and have also exposed a vulnerability of som…

The provisions of the Florida Building Code for the design, construction, location, installation, services, and operation of equipment for storing, handling, transporting, and utilization of liquefied petroleum gases shall not be in conflict with chapter 527.History.—s. 16, ch. 7…

The Florida Building Commission shall incorporate into the Florida Building Code, to be adopted by rule pursuant to s. 553.73(1), a ratio of public restroom facilities for men and women which must be provided in all buildings that are newly constructed after September 30, 1992, a…

(1) This section may be cited as the “Safety in Private Spaces Act.”(2) The Legislature finds that females and males should be provided restrooms and changing facilities for their exclusive use, respective to their sex, in order to maintain public safety, decency, decorum, and pr…

For the purpose of establishing minimum electrical and alarm standards in this state, the current edition of the following standards are adopted:(1) “National Electrical Code,” NFPA No. 70.(2) Underwriters’ Laboratories, Inc., “Standards for Safety, Electrical Lighting Fixtures, …

One-family and two-family dwellings and townhomes undergoing a repair, or a level 1 alteration as defined in the Florida Building Code, may use smoke alarms powered by 10-year nonremovable, nonreplaceable batteries in lieu of retrofitting such dwelling with smoke alarms powered b…