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This code shall be known as the Florida Building Code, Energy Conservation and shall be cited as such. It is referred to herein as "this code."
This code applies to commercial buildings and the buildings sites and associated systems and equipment.
This code shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.
Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.
Except as specified in this chapter, this code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this code.
Any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource with a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, are exempt from this code.
Additions, alterations, renovations or repairs to an existing building, building system or portion thereof shall conform to the provisions of this code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this code. Additions, alterations, renovations or repairs shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building.
Exception: The following need not comply provided the energy use of the building is not increased:
  1. Storm windows installed over existing fenestration.
  2. Glass only replacements in an existing sash and frame.
  3. Surface applied window film on existing fenestration assemblies.
  4. Existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation.
  5. Construction where the existing roof, wall or floor cavity is not exposed.
  6. Reroofing for roofs where neither the sheathing nor the insulation is exposed. Roofs without insulation in the cavity and where the sheathing or insulation is exposed during reroofing shall be insulated either above or below the sheathing.
  7. Replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided, however, that an existing vestibule that separates a conditioned space from the exterior shall not be removed,
  8. Alterations that replace less than 50 percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power.
  9. Alterations that replace only the bulb and ballast within the existing luminaires in a space provided that the alteration does not increase the installed interior lighting power.
Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code. Where the use in a space changes from one use in Table C405.5.2(1) or (2) to another use in Table C405.5.2(1) or (2), the installed lighting wattage shall comply with Section C405.5.
Any nonconditioned space that is altered to become conditioned space shall be required to be brought into full compliance with this code.
Where a building includes both residential and commercial occupancies, each occupancy shall be separately considered and meet the applicable provisions of the Commercial Provisions or Residential Provisions of this code.
Thermal efficiency standards are set for the following building systems and components where new products are installed or replaced in existing buildings, and for which a permit must be obtained. New products shall meet the minimum efficiencies allowed by this code for the following systems and components:
Heating, ventilating or air conditioning systems.
Service water or pool heating systems.
Electrical systems and motors.
  1. Where part of a functional unit is repaired or replaced. For example, replacement of an entire HVAC system is not required because a new compressor or other part does not meet code when installed with an older system.
  2. If the unit being replaced is itself a functional unit, such as a condenser, it does not constitute a repair. Outdoor and indoor units that are not designed to be operated together must meet the U.S. Department of Energy certification requirements contained in Section C403.2.3. Matched systems are required; this match may be verified by any one of the following means:
    1. AHRI data.
    2. Accredited laboratory.
    3. Manufacturer's letter.
    4. Letter from registered professional engineer (P.E.), State of Florida.
  3. Where existing components are utilized with a replacement system, such as air distribution system ducts or electrical wiring for lights, such components or controls need not meet code if meeting code would require that component's replacement.
  4. Replacement equipment that would require extensive revisions to other systems, equipment or elements of a building where such replacement is a like-for-like replacement, such as through-the-wall condensing units and PTACs, chillers, and cooling towers in confined spaces.
Existing cooling and heating need not meet the minimum equipment efficiencies in Section C403.2.3 except to preserve the original approval or listing of the equipment.
Buildings exempt from the provisions of the Florida Building Code, Energy Conservation, include existing buildings except those considered renovated buildings, changes of occupancy type, or previously unconditioned buildings to which comfort conditioning is added. Exempt buildings include those specified in Sections C101.4.8.1 through C101.4.8.4.
Any building for which federal mandatory standards preempt state energy codes
Any building meeting the criteria for historic buildings in Section C101.4.2.
Such buildings shall not contain electrical, plumbing or mechanical systems which have been designed to accommodate the future installation of heating or cooling equipment.
Any building where heating or cooling systems are provided which are designed for purposes other than general space comfort conditioning. Buildings included in this exemption include:
  1. Commercial service areas where only ceiling radiant heaters or spot coolers are to be installed which will provide heat or cool only to a single work area and do not provide general heating or cooling for the space.
  2. Buildings heated with a system designed to provide sufficient heat only to prevent freezing of products or systems. Such systems shall not provide heating above 50°F (10°C).
  3. Premanufactured freezer or refrigerated storage buildings and areas where the temperature is set below 40°F (4°C) and in which no operators work on a regular basis.
  4. Electrical equipment switching buildings which provide space conditioning for equipment only and in which no operators work on a regular basis except that the provisions of Section C405 shall apply.
  5. Buildings containing a system(s) designed and sold for dehumidification purposes only and controlled only by a humidistat. No thermostat shall be installed on systems thus exempted from this code.
Buildings determined by the code official to have a limited energy use potential based on size, configuration or time occupied, or to have a special use requirement shall be considered limited or special use buildings. Code compliance requirements may be adjusted by the code official to handle such cases when nationally recognized energy analysis procedures have been used to demonstrate that the building would use less energy than a code compliant building of the same configuration.
Residential buildings shall meet the Residential Provisions of this code. Commercial buildings shall meet the Commercial Provisions.
The Florida Building Commission shall approve specific computer software. The code official shall be permitted to approve worksheets, compliance manuals and other similar materials that meet the intent of this code.
Alterations, renovations and building systems may utilize Form C402. Form C402 can be found in Appendix C.
The following buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this code shall be exempt from the building thermal envelope provisions of this code:
  1. Those with a peak design rate of energy usage less than 3.4 Btu/h • ft2 (10.7 W/m2) or 1.0 watt/ft2 (10.7 W/m2) of floor area for space conditioning purposes.
  2. Those that do not contain conditioned space.
This code is not intended to prevent the use of any material, method of construction, design or insulating system not specifically prescribed herein, provided that such construction, design or insulating system has been approved by the code official as meeting the intent of this code.
The code official or other authority having jurisdiction shall be permitted to deem a national, state or local energy efficiency program to exceed the energy efficiency required by this code. Buildings approved in writing by such an energy efficiency program shall be considered in compliance with this code. The requirements identified as "mandatory" in Chapter 4 shall be met.
Construction documents and other supporting data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require necessary construction documents to be prepared by a registered design professional.
Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code.
See Florida Building Code, Energy Conservation: Residential Provisions.
Completion of procedures demonstrating compliance with this code for commercial and multiple-family residential buildings shall be in accordance with the provisions of Section 481.229, Florida Statutes, or Section 471.003, Florida Statutes.
Exception: Where HVAC systems are less than or equal to 15 tons per system, air conditioning or mechanical contractors licensed in accordance with Chapter 489, Florida Statutes, or commercial building energy raters certified in accordance with Section 553.990, Florida Statutes, may prepare the code compliance form.
Design professionals responsible under Florida law for the design of lighting, electrical, mechanical, and plumbing systems and the building shell, shall certify compliance of those building systems with the code by signing and providing their professional registration number on the energy code form provided as part of the plans and specifications to the building department.
The building's owner, the owner's architect, or other authorized agent legally designated by the owner shall certify that the building is in compliance with the code, as per Section 553.907, Florida Statutes, prior to receiving the permit to begin construction or renovation.
Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include, but are not limited to, as applicable, insulation materials and their R-values; fenestration U-factors and SHGCs; area-weighted U-factor and SHGC calculations; mechanical system design criteria; mechanical and service water heating system and equipment types, sizes and efficiencies; economizer description; equipment and systems controls; fan motor horsepower (hp) and controls; duct sealing, duct and pipe insulation and location; lighting fixture schedule with wattage and control narrative; and air sealing details.
The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
When the code official issues a permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "Reviewed for Code Compliance." Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents.
One set of construction documents so reviewed shall be retained by the code official. The other set shall be returned to the applicant, kept at the site of work and shall be open to inspection by the code official or a duly authorized representative.
This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
The code official shall have the authority to issue a permit for the construction of part of an energy conservation system before the construction documents for the entire system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire energy conservation system will be granted.
Changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.
Construction or work for which a permit is required shall be subject to inspection by the code official.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official.
The building shall have a final inspection and not be occupied until approved.
A building shall be reinspected when determined necessary by the code official.
The code official is authorized to accept inspection reports in whole or in part from either individuals as defined in Section 553.993(5) or (7), Florida Statutes or approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing.
After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official.
The code official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code.
The codes and standards referenced in this code shall be those listed in Chapter 5, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections C106.1.1 and C106.1.2.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
Where the provisions of this code and the referenced standards conflict, the provisions of this code shall take precedence.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
Whenever the code official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the code official is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.