§ 13-7. Applicability.

(a)

Whenever the Florida Building Code or the Florida Fire Prevention Code addresses an identical issue, conflicts will be resolved as per F.S. § 533.73(11).

(b)

The provisions of this chapter do not apply to one- and two-family dwellings in the normal use or maintenance thereof except as follows:

(1)

Those standards, rules or modifications as adopted by the County for the land use requirements.

(2)

Exterior separation requirements for detached dwellings shall apply.

(3)

This chapter shall apply whenever the activity or use of such dwelling creates a distinct fire hazard to life or property of others based on available information.

(4)

The use of such dwelling is referenced by the uniform fire safety standards as adopted under the provisions of F.S. ch. 633.

(5)

The provisions of Section 13-19 shall apply.

(c)

The provisions of this chapter do not apply to those building or structures specifically under the uniform fire safety standards of the State, as set forth in F.S. ch. 633, except as provided therein.

(d)

The provisions of this chapter shall be complied with, whenever a building is built, or a building or occupancy is considered to be altered as defined in the Florida Fire Prevention Code (FFPC). Compliance with this chapter may not be required when a new owner, renter or lessee assumes control of a building, unit or business, provided no occupancy changes have occurred, including, but not limited to, alterations, modifications, and wall changes. Only those requirements whose application would be clearly impractical in the judgment of the authority having jurisdiction (AHJ) shall be waived or modified, provided that any person who disagrees with the decision of the AHJ concerning a request for waiver or modification concerning property that person owns or controls has the right to appeal the decision of the AHJ to the Board of County Commissioners, as follows:

(1)

The Board will hear such appeal as soon as is practical to determine if alternate fire prevention methods, such as fire alarms, smoke detectors, fire extinguishers, and similar devices and equipment, will provide reasonable fire protection under the circumstances and/or whether compliance with this chapter and/or FFPC requirements should be phased in over a period of time due to the cost or impracticality of such measures under the circumstances.

(2)

The Board will determine if the requirements of this chapter and/or FFPC requirements are impractical under the circumstances, and shall render its decision by resolution specifying alternate fire prevention methods to be used and/or phase in of those requirements based on the following criteria:

a.

Frequency of use of the building or structure;

b.

The cost to comply compared with the reasonable benefits to be derived from compliance;

c.

The practicality of compliance, taking into account the availability, or lack thereof, of County water service, and the adequacy, or lack thereof, of fire flow;

d.

The numbers of persons who occupy the building or structure on a regular basis;

e.

Whether the property owner has been forced by governmental action to alter, reconstruct or move his building or structure;

f.

The method and materials to be used in constructing the building or structure; and

g.

Proximity of the building or structure for which a waiver or modification is requested to those buildings or structures that are not eligible for a waiver or modification, as identified in Subsection (d)(4) of this section.

(3)

Buildings or structures that are eligible to be considered for waiver or modification include churches, clubhouses and community centers, other assemblies that are only used occasionally, office buildings, businesses or commercial establishments that do not contain or use materials determined to be hazardous given the particular circumstances and quantities, historic buildings and similar buildings or structures.

(4)

Buildings or structures that are not eligible to be considered for waiver or modification include schools, apartments, assisted living facilities, hospices, multifamily residences, restaurants, and businesses or commercial establishments that use or contain materials determined to be hazardous given the particular circumstances and quantities.

(5)

Any waiver or modification shall be conditioned upon the execution of a release of liability acceptable to the Board by the person requesting the appeal.

(e)

Existing buildings, vehicles and marine vessels that are occupied at the time of adoption of the ordinance from which this chapter is derived may be continued in use, provided that:

(1)

The occupancy remains the same;

(2)

No serious life safety hazards exist that would constitute an imminent threat;

(3)

The building or structure was not previously under review for code compliance; and

(4)

As permitted per State law.

(Ord. No. 2012-03, § 7, 6-29-2012; Ord. No. 2014-03, § 1, 8-12-2014)