LE BORA Interpretation

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Board of Rules and Appeals Interpretation

MEMO

TO:                   All Building Officials in Dade County

FROM:             Charles Danger, P.E., Secretary                                              Board of Rules and Appeals

DATE:              October 20, 1997

SUBJECT:     BORA Interpretation of the South Florida Building                          Code, Section 1501 as it relates to Florida Statute 553.73

At its October 16, 1997 meeting, the Board of Rules and Appeals provided the following clarification to Florida Statute 553.73 (FS 553.73) as it relates to nonresidential farm buildings and their exemption from the requirements of the South Florida Building Code (SFBC).

Florida Statute 553.73.7 states:

"(7) The specific model code of the State Minimum Building Codes adopted by a municipality, county, or state agency shall regulate every type of building or structure, wherever it might be situated in the code enforcement jurisdiction; however, such regulations shall not apply to nonresidential farm buildings on farms; to temporary buildings or sheds used exclusively for construction purposes; to mobile homes used as temporary offices, except that the provisions of part V relating to accessibility by handicapped persons shall apply to such mobile homes used as temporary offices; or to any construction exempted under s. 553.80(3) by an enforcement district or local enforcement agency. The codes may be divided into a number of segments, as determined by the municipality, county, or state agency. These segments may be identified as building, mechanical, electrical, plumbing, or fire prevention codes or by other titles as are deemed proper. However, the State Minimum Building Codes shall not contain a housing code; nor shall the state interpose in the area of local housing codes, except upon request originating from an enforcement district or local enforcement agency."

The Board ruled that FS 553.73 exempts nonresidential buildings on farms from having to comply with the requirements of the SFBC, said buildings shall include, but not be limited to the following:

Buildings used to grow plants or any other farm stock provided that no retail operations are conducted in them
Buildings used for storage of fertilizers, food, equipment and farm supplies provided that no office or heavy maintenance operations are conducted in them

D:\DIRECOFF\COMITTEE\BORA\INTERPRE\intp- section 1501 and FS 553.73.doc

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