Florida Building Code Overview
In the State of Florida, every public and commercial building must comply with the Florida Building Code (the "Building Code"). The Building Code is a compilation of licensing requirements and building specifications, covering everything from the minimum height of commercial fences, to the threshold height for commercial shower floors. All property owners must comply with the standards set forth in the Building Code.
Construction projects taking place in Florida’s thirty-eight (38) municipalities and counties are subject to the Florida Building Code. Each local jurisdiction has the authority and obligation to adopt and set the local policies regarding construction. The intent of the Building Code is to ensure for the safety, health, and general welfare of the public. The Building Code ensures safety and efficiency by regulating the standard of quality for residential and commercial construction, and for any alterations to a structure that increase the structure’s living area. The Building Code also requires the local government to inspect the construction progress on large-scale projects. In this way, the Building Code aims to minimize injuries (and fatal accidents) following a catastrophic event, such as a hurricane or flood, and to address problems that can be found during the design and construction phase of a commercial construction project.
Over the years, the Building Code has been revised and developed to meet changes in technology and scientific knowledge. The Building Code was first established in 1973, but it has undergone numerous revisions and adaptations to promote policy changes, including an easy-to-read format, in 2001, as well as alterations to provide for enhancements in residential building regulations, in 2002 . The latest version of the Building Code became effective March 15, 2012. The most current version is known as the 2010 Florida Building Code, except the Florida Existing Building Code, published by the Florida Department of Community Affairs. The 2010 Florida Building Code sets minimum construction safety standards for new and existing buildings, described in further detail below.
Although the Building Code generally applies to commercial construction, the Building Code also extends its scope to virtually any type of business undertaking in the state of Florida. For example, certain home-based businesses are exempted from the laws requiring a business license; however, once those operations are conducted out of a built structure (e.g., a garage or home-office), then the operation is no longer exempt and must conform to the requirements of the Building Code. Even converting a bedroom, or an empty room in a household, into a practice space for a caretaker of a disabled person can turn a back office into an accessibility issue requiring compliance with the Building Code. Further, even converting a residential single-family home into a rooming house, which can accommodate up to four (4) or fewer individuals, can trigger compliance with local codes.
Therefore, although the Building Code applies to the construction of new buildings, it also applies to activities and changes made to existing buildings, such as the remodeling of an office space, or even for an individual renting out a room within a residential real property. The purpose of the code is to provide for public safety throughout all commercial property uses, and not just in commercial construction.
General Restroom Provisions
The general requirements for commercial bathrooms under the Florida Building Code (FBC) include ventilation, water supply, drainage, and sewer considerations. These elements are compulsory pursuant to the FBC. A commercial bathroom must be properly ventilated with mechanical or passive systems to promote air circulation and prevent the buildup of noxious odors and to sustain the longevity of the structure itself by avoiding excess moisture buildup. Plumbing systems must also be installed in compliance with plumbing codes to guarantee health and sanitation as well as safety standards.
Accessibility to commercial bathrooms must also be taken into account. FBC provision 202.4.1.2 requires at least one restroom that complies with Section 604.3 (Accessible Toilet, Bathing and Change Facilities) for all covered occupancies except those located in detention and correctional facilities and dwelling units not required by Chapter 11 to be accessible. Generally speaking, if a commercial building has more than a single restroom facility, at least one must be a universal toilet. The universal requirements can be found in Section 11-4.22, see Section 604.4 for requirements.
Accessibility Provisions
Both the FBC and the ADA have specific requirements for how commercial bathrooms must be designed to accommodate people with disabilities. It is critical that the plans for such facilities be prepared with these particular requirements in mind, and then also that the construction be completed in accordance with the approved plans. While we have addressed these requirements in prior blogs, a review of the full text of relevant code provisions will certainly increase your understanding of the level of detail that goes into the design process. Additionally, we will also touch on the fact that there are some differences between the requirements of the FBC and the ADA.
In accordance with the ADA, all public (but not within a place of its private employment) and common use restrooms shall be accessible, even though it is not required to have greater accessibility than the code requires. These Restrooms must be the useable size and configuration appropriate to the facility they serve. There must be at least one accessible toilet stall in each sex toilet area of each public or common use toilet room. In addition, there must be a maximum of five non-accessible water closets before one accessible toilet stall is required; where there are six to twelve non-accessible flush water closets in a sex toilet area, at least one accessible toilet stall is required along with additional accessible stalls as indicated in 11B-213.3.2. Where there are more than twenty-five water closets in a sex toilet area, at least one accessible toilet stall must be included.
To be considered accessible within a restroom, at least half of the compartments in the facility must be accessible and, in a facility with more than six water closets, at least one of them must be accessible as required in 11B-213.3.2. Generally speaking, to be accessible in the facility, the following requirements must be met: stalls must have Installing grab bars, a wheelchair accessible lavatory with appropriate plumbing considerations, and other general restroom requirements, such as lighting, durable wall covering, and accessible signage (as discussed below) will help ensure that you meet ADA requirements regarding accessible toilets stalls or compartments in your commercial facilities.
Both the FBC and ADA require that every toilet and bathing unit shall be within reach of a grab bar of the required size and location, but are not specific about the size or extent of the grabbing area. Section 11B-609 of the ADA requires "grab bars shall be of a size and shape to provide a firm grip for users." Grab bars must be installed horizontally in the back of each stall toilet or compartment. Grab bars must also be installed horizontally and vertically in the rear of the toilet. Grab bars need to be installed no higher than 54 inches above the finish floor, or no lower than 33 inches above the finished floor. Grab bars should be installed no farther than 6 inches or closer than 1.5 inches from the side wall or partition. If the grab bar is installed in the rear wall of the toilet compartment, it must be no more than 9 inches from the side wall. Grab bars should be installed between 1.5 inches and 2 inches in diameter, and shall be 1.25 inches in diameter if they are installed in a rolling shower. Grab bars are commonly installed through the bolt plate, and the fasteners for these grab bars normally are 1 1/4 inch long.
HB 883/SB 1288 further amends s. 553.5041, F.S., regarding certain 1997 Florida Building Code (1997 FBC) provisions respecting accessibility of toilet compartments and grab bars, by providing that certain standards of the 2010 ADA Accessibility Guidelines for that Code supersede conflicting requirements of the 1997 FBC. These new and conflicting standards are: (1) the amount of water closet compartments for males and females in toilet rooms, respectively, is governed by the 2010 ADA Accessibility Guidelines and the 1997 FBC; (2) all toilet compartments must meet the size and configuration requirements of the 2010 ADA Accessibility Guidelines and the 1997 FBC; (3) door opening force permitted is governed by the 2010 ADA Accessibility Guidelines; (4) extent and placement of grab bars is governed by the 2010 ADA Accessibility Guidelines; and (5) urinal height and location is governed by the 2010 ADA Accessibility Guidelines. This means that the requirements of Section 11B-608.4.6 of the ADA Accessibility Guidelines for "Urinal" are controlling for the height and location of urinals in a facility.
Plumbing Fixtures and Fittings Specifications
The Florida Building Code specifies a variety of plumbing and fixture requirements for commercial bathrooms ranging in use and occupancy per Chapter 11, Section 1103.2 for 2017 FBC 7th Edition and Chapter 11, Section 1102 for Florida Building Code 6th Edition. In addition, the Plumbing Code establishes a list of plumbing fixtures allowed to be placed as part of the usable bathroom space in accordance with Chapters 604 to 612 and Table 403.2.1.2 in 2017 FBC 7th Edition or Table 403.2.1.2 in the 2016 Florida Building Code 6th Edition. In addition to the code mandates regarding fixture materials and configuration, there are requirements on individual fixture design from Chapter 13. In Section 1301.1, the Code requires plumbing fixtures to be durable enough to withstand the fixtures being used as intended without damage. Fixtures must not have sharp, pointed, excessive rough or abrasive surfaces. All fixtures must be long-lasting and readily cleanable. Fixtures and their materials must not be toxic nor expose users to injury. Finally, fixtures need to perform adequately without leaking or furnishing unsanitary conditions to the user.
Health and Sanitation Provisions
In place of the usual provisions for fixtures, drainage and water distribution systems when it comes to commercial bathrooms, the Florida Building Code requires restroom facilities in commercial facilities to be kept in a sanitary condition at all times. Pursuant to AHS-1, the Agency for Health Care Administration has established requirements that have been incorporated into the Code that are specific to those restroom facilities providing for special treatment and sanitation of particular restroom facilities within health care facilities. These special regulation provisions must be updated on a schedule that is established by the Agency for Health Care Administration.
Inside and outside commercial bathroom facilities shall be maintained in a sanitary condition , with debris, rubbish, trash and waste materials promptly removed to prevent the breeding of insects at these facilities. In those locations where animals or birds are permitted, additional measures are required to control the droppings of birds and animals such as keeping animals and birds free and clean, using an approved non-corrosive material to cover the droppings from birds until the droppings can be removed, and the manual removal of droppings at regular intervals with any granular material or absorbent, which has had an approved germicide mixed with it to reduce odoring. The accumulation of materials upon the floors must be cleaned immediately after the floors are soiled.
Common Compliance Issues
Many times, the builder and property owner must come to the development and experience with the code. Builders who entered into contracts with the property owners probably are familiar with the codes and have already learned about this process, but for those builders who do not build bathrooms on a regular basis, it can be very difficult to decipher exactly what the code is seeking to accomplish. During the course of a project, there are many instances where the inspector will draw out from the code and require something other than what is directly in the code. The inspector may take that code section and draft his or her own version of what needs to be done. This can be difficult for the builder to argue against because courts do afford the code officials significant deference. A good example of this is an inspections report that states the P-trap needs to be insulated. However, the code does not require insulation of the P-trap. A good solution in this case would be to place the insulation on the water line so that the inspector may see that the plumbing system is insulated. At a minimum, this should satisfy the inspector even if not in fact done in accordance with the code.
Another problem with the code is related to holding tanks. In the case of holding tanks, all fixtures in the bathroom must be above grade level. The biggest problem often arises in connection with the location and grade at which the sink is installed. For example, builders want the faucets to be higher in the sink to prevent roommates from spraying each other with the sinks. However, if the faucets are higher, the drainfield too must be higher. Also, the drainfield must be larger in order for the water to drain out properly. There are two solutions to this problem. One is that, despite having the faucets higher, the drainfield can be at ground level. Another solution is that the faucets can be installed at a higher level and easily accessible so that both water and air can get to the pipes to make sure that they drain properly.
Additions and Future Updates
The 2020 edition of the Florida Building Code added a new definition for "self-closing doors." This definition is pertinent to bathroom doors in commercial occupancies where most doors must now be self-closing. Though there are some exceptions to this requirement, it is a general rule that the door must be self-closing after use. The purpose of the requirement is to separate the door space; the separation is important to prevent water from entering the adjacent tenant or public space and causing damage. In addition, the self-closing door helps to contain smells. Similarly , the door is to be held in the closed position with a device that must be located so as to encourage closure after use.
Other code change issues are continually being discussed at the Florida Building Commission and will likely be incorporated in future regulations. That the building code is fluid and up to date through every three-year cycle is important to consider and understand. Certain requirements may seem a bit odd, but they reflect a concern for the needs of the construction industry as a retiree workforce in the industry is hampering new construction efforts.
Though this code cycle is not seeing some innovative technologies implemented, the next code cycle will address issues relating to disruptive technologies. For example, the impact of 3D printing on the building process and how that will be addressed by the code is a topic that the FBC is currently working on.
