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.
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 C188.8.131.52 through C184.108.40.206.
Any building for which federal mandatory standards preempt state energy codes.
Any building meeting the criteria for historic buildings as defined in Chapter 2 of this Code.
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:
- 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.
- 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).
- 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.
- 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.
- 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.
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.
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 ≤ 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 553.99, 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 where 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, the following as applicable:
- Insulation materials and their R-values.
- Fenestration U-factors and solar heat gain coefficients (SHGCs).
- Area-weighted U-factor and solar heat gain coefficient (SHGC) calculations.
- Mechanical system design criteria.
- Mechanical and service water heating system and equipment types, sizes and efficiencies.
- Economizer description.
- Equipment and system controls.
- Fan motor horsepower (hp) and controls.
- Duct sealing, duct and pipe insulation and location.
- Lighting fixture schedule with wattage and control narrative.
- Location of daylight zones on floor plans.
- 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. The code official is authorized to utilize a registered design professional, or other approved entity not affiliated with the building design or construction, in conducting the review of the plans and specifications for compliance with the code.
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.
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.
Construction or work for which a permit is required shall be subject to inspection by the code official or his or her designated agent, and such construction or work shall remain accessible and exposed for inspection purposes until approved. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code.
Inspections at framing and rough-in shall be made before application of interior finish and shall verify compliance with the code as to types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties (U-factor, SHGC and VT) and proper installation; and air leakage controls as required by the code and approved plans and specifications.
Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size; required controls, system insulation and corresponding R-value; system and damper air leakage; and required energy recovery and economizers.
The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation and proper operation of all required building controls, and documentation verifying activities associated with required building commissioning have been conducted and findings of noncompliance corrected. Buildings, or portions thereof, shall not be considered for a final inspection until the code official has received a letter of transmittal from the building owner acknowledging that the building owner has received the Preliminary Commissioning Report as required in Section C408.2.4.
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 third-party inspection agencies not affiliated with the building design or construction, provided such agencies are approved as to qualifications and reliability relevant to the building components and systems they are inspecting.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made 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.
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.
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.
The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized 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.