Chapter 321 - ADOPTION OF BUILDING CODE

Sec. 320.1001. - Compliance alternatives. Chapter 322 - MOBILE HOMES Chapter 321 - ADOPTION OF BUILDING CODE[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2001-1160-E, § 1, effective December 18, 2001, amended the Code by repealing former Ch. 321, §§ 321.101—321.108, and adding a new Ch. 321 to read as herein set out. Former Ch. 321 pertained to similar subject matter, and derived from Ord. 85-1201-663, Ord. 86-58-24, Ord. 89-864-398, Ord. 90-901-408, Ord. 92-1750-1130, Ord. 93-545-302, Ord. 94-1010-623, Ord. 95-916-570, Ord. 96-109-137, Ord. 96-505-286, Ord. 97-539-E, and Ord. 98-673-E.

State Law reference— Florida Building Codes Act, F.S. § 553.70 et seq.; State minimum building codes, F.S. § 553.73 et seq.; local firesafety standards, F.S. § 633.025.

State rule reference—State minimum building codes, F.A.C. 9B-3.047.

Sec. 321.101. - Adoption of Appendices.

The following appendices are hereby adopted as part of this building code:

Florida Building Code—Building Appendices B, C and E

Florida Building Code—Residential Appendices A, B, C, E, F and O

Florida Building Code—Existing Building Appendices B and D

Florida Building Code—Mechanical Appendix A

Florida Building Code—Fuel Gas Appendices A, B and C

Florida Building Code—Plumbing Appendices B, C, D, E and F

(Ord. 2001-1160-E, § 1; Ord. 2009-624-E, § 2; Ord. 2012-214-E, § 2)

Sec. 321.102. - Parking and accessibility for persons with disabilities applicable to certain existing buildings and structures, violations and penalties.

(a)

Requirements.

(1)

To the extent that certain buildings and structures were required to have certain motor vehicle parking spaces for disabled persons on and after October 1, 1974, all such required parking spaces shall be sized, located, marked and signed in accordance with the requirements set forth in the Florida Building Code.

(2)

No property shall be constructed, occupied, used, or maintained in violation of the Florida Americans with Disabilities Accessibility Implementation Act, F.S. Sections 553.501-553.513 or the Florida Accessibility Code for Building Construction, including all rules, regulations and guidelines adopted pursuant thereto.

(b)

Violations and penalties.

(1)

It shall be a civil infraction for any person to commit any violation set forth in this Section.

(2)

A separate offense shall be deemed to have been committed for each infraction and for each day that a violation occurs and for each day that property exists or remains in violation of this Section.

(3)

The property owner violates this Section if the property is constructed, occupied, used or maintained in violation if this Section.

(4)

If property is managed or occupied by someone other than the owner, or is leased or rented, the tenant, lessee or manager also violates this Chapter if any building, structure, land or premises over which the tenant, lessee or manager has control is in violation of this Section.

(5)

The penalty for any civil infraction shall be civil penalties. The civil penalty for each separate infraction shall be $250.

(6)

In any matter in which the General Counsel files a suit for civil penalties or injunctive or other relief and the City prevails, the City shall be entitled to reasonable attorneys' fees.

(7)

In the event a citation for civil penalties is issued for a violation of this Section, and renovations are completed to bring the property into compliance with this Section prior to any hearing on the citation, the citation shall be rescinded. In the event a final judgment is obtained for a violation of this Section and renovations are completed to bring the property into compliance with this Section within six months of the final judgment, the final judgment shall be set aside.

(Ord. 2001-1160-E, § 1; Ord. 2002-869-E, § 2; Ord. 2004-429-E, § 17; Ord. 2006-1085-E, § 1)

Sec. 321.103. - Baby-changing table requirements.

(1)

As used in this Section 321.103, the term:

(a)

Baby-changing table means a table or other device that is installed in a separate, designated location for the purpose of changing an infant's or child's diaper or clothing.

(b)

Building means any of the following:

1.

A theater.

2.

A sports arena or stadium.

3.

A convention center, auditorium, or exhibition hall.

4.

A public library.

5.

A passenger terminal.

6.

An amusement park in a permanent location.

7.

A restaurant with a seating capacity of at least 50 persons, except when there is a baby-changing table within 300 feet of the restaurant's entrance.

8.

A shopping center or shopping mall larger than 25,000 square feet.

9.

A retail store larger than 5,000 square feet.

(2)

Pursuant to Section 56.103, Ordinance Code, the Building Codes Adjustment Board shall adopt by rule a requirement that, except as provided in paragraph (3)(d), a baby-changing table be available in any building that is newly constructed or undergoes substantial renovation on or after the effective date of the Local Technical Amendment to the Florida Building Code, adopted pursuant to F.S. § 553.73, or October 1, 2019, whichever date is later, and that has a restroom open to the public. As used in this subsection (2), the term "substantial renovation" means any reconstruction, rehabilitation, addition, or other improvement that involves more than 50 percent of the gross floor area occupied by the building, and that includes structural changes to any existing public restroom.

(3)

The rules adopted by the Building Codes Adjustment Board pursuant to this Section 321.103 must require or provide at least all of the following:

(a)

On each floor that contains a restroom, the building must have at least one baby-changing table accessible to women and at least one baby-changing table accessible to men, or at least one baby-changing table accessible to both women and men.

(b)

The building must have signage indicating the location of each baby-changing table.

(c)

For any building that has a central directory and multiple establishments, such as a shopping center or shopping mall, the directory must indicate the location of all baby-changing tables on the premises.

(d)

An exemption for buildings when the cost of installation of the required baby-changing table would exceed 10 percent of the total construction or renovation costs.

This Section 321.103 shall not be effective until the City of Jacksonville adopts a Local Technical Amendment to the Florida Building Code, pursuant to F.S. § 553.73. The effective date of this Section 321.103 may be obtained from the Chief of the Building Inspection Division.

(Ord. 2019-392-E, § 1; Ord. 2019-803-E, § 6)

Sec. 321.104. - Florida Fire Prevention Code adopted.

(a)

The current Florida Fire Prevention Code is adopted by reference as a part of the building code.

(b)

The Florida Fire Prevention Code, adopted herein, shall be supplemented by the provisions contained in Chapter 420.

(Ord. 2001-1160-E, § 1; Ord. 2009-624-E, § 2)

Sec. 321.105. - Definitions.

Within the building code of this Ordinance Code:

(a)

Apprentice or helper means a person employed in a trade or craft specified in Section 342.110 or Section 321.107 for the purpose of learning that trade or craft through practical experience under the direction and supervision of a certified master or journeyman craftsmen.

(b)

Board means the Construction Trades Qualifying Board.

(c)

Contractor means a person who engages in business, under express or implied contract, in the performance of those construction trades specifically included in Section 342.110 or Section 321.107, who undertakes, offers to undertake or purports to have the capacity to undertake or who submits a bid to, or does himself or by or through others, engage in the business of doing the construction trade. Neither a person who only furnishes material, supplies or equipment without consuming them in the work of a contractor nor a person who engages in the activities herein regulated as an employee with wages as his sole compensation is a contractor.

(d)

Contractor certificate means a certificate of competency issued by the Board which certifies that its holder has met this Chapter's and the Board's requirement to engage in business as a contractor in the category indicated on the certificate. A contractor certificate is not an occupational license.

(e)

Craftsman certificate means a certificate of competency issued by the Board which certifies that its holder has met this Chapter's and the Board's requirements and is competent to perform the trade or craft indicated on the certificate. A craftsman certificate does not qualify the holder to engage in business as a contractor.

(f)

Journeyman craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to do the work in the performance of a particular trade or craft and who holds a current valid journeyman craftsman certificate issued by the Board.

(g)

Maintenance craftsman means a person holding a valid certificate as a journeyman or master craftsman who is employed full time for the purpose of maintaining and making minor repairs to systems, apparatus and equipment, provided the work is limited to the premises at one location or one address owned or occupied by his employer. Premise is defined as a single building, or a cluster of buildings such as a facility or complex within a defined geographical area. One address is defined as the address of a single building or the rental or business office address of a cluster of buildings within a defined geographical area. For the purpose of this Section, maintenance and minor repairs shall mean maintaining or replacing existing apparatus, equipment, electrical components or wiring; but shall not include adding any additional apparatus, equipment, electrical component or wiring.

(h)

Master craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to plan, lay out, supervise and do the work of a particular trade or craft and who holds a current valid master craftsman certificate issued by the Board.

(i)

Qualifying agent means a person who holds a current master craftsman certificate issued by the Board and possesses the requisite skill, knowledge and experience, and has the responsibility, to supervise, direct, manage and control the contracting activities of the business entity for whom he is a qualifying agent with which he is connected; who has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained the permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this Chapter, as attested by the Board. However, an applicant for a contractor's certificate of competency as a general, building or residential contractor, a commercial, residential or swimming pool servicing contractor, a roofing contractor, a sheet metal contractor, carpentry subcontractor, or irrigation contractor, need not hold a master certificate of competency in those categories, but will be considered as the qualifying agent for the respective contracting entity and is subject to all the rules and regulations applicable to all qualifying agents, unless specifically exempted.

(j)

Trade and craft means occupations in the construction field which require skill, knowledge, manual ability and experience to perform and include only those specific occupations provided in Section 342.110 or Section 321.107.

(k)

Servicemen craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to do the work in the performance of a particular trade or craft and who holds a current valid installer certificate issued by the Board.

(l)

Installer craftsman means a person who has been examined by the Board and found to have the required skill, knowledge and experience to do the work in the performance of a particular trade or craft and who holds a current valid installer certificate issued by the Board.

(m)

Specialty subcontractor means a person who specializes in one of the specialty trades specifically included in Section 342.110 or Section 321.107, and whose scope of work is so limited under that certificate of competency as issued by the Board and who undertakes, offers to undertake or purports to have the capacity to undertake or who submits a bid to, or does himself or by or through others, engage in the business of doing the specialty subcontracting and who engages in business under express or implied contract. Such specialty subcontractors shall only subcontract with a qualified contractor or other permit holder.

(n)

Specialty contractor means a person not registered with the State, who specializes in one of the specialty trades specifically included in Section 342.110 or Section 321.107, and whose scope of work is so limited under that certificate of competency as issued by the Board and who undertakes, offers to undertake or purports to have the capacity to undertake or who submits a bid to, or does himself or by or through others, engage in the business of doing the specialty contracting and who engages in business under express or implied contract. Such specialty contractors must comply with all permitting requirements.

(Ord. 2001-1160-E, § 1)

Sec. 321.106. - Qualifications for obtaining permits.

(a)

Except as otherwise provided by law, an application for a permit to perform work within the scope of this Chapter will be accepted only from a contractor holding a current contractor certificate and occupational license as required by law, against whom no revocation or suspension of any of the required certificates or licenses is pending. An application for a permit shall be signed by the qualifying agent of the contractor where required.

(b)

A person designated and licensed as a maintenance craftsman by the Board under other provisions of this Chapter, and holding a valid master or journeyman certificate of competency issued by the Board, shall be allowed to pull permits under the requirements of Section 320.

(Ord. 2001-1160-E, § 1)

Sec. 321.107. - Trades, crafts and contractors.

(a)

Generally. Except as otherwise provided by law, it is unlawful for a person to engage in a trade or craft specified in this Section without a craftsman certificate issued by the Board for the particular trade or craft engaged in. A current craftsman certificate issued in a wallet size format, shall be required to be in the personal possession of the craftsman at all time while working and upon request of any interested party, must be displayed to such interested party. A worker, helper or apprentice who is not so certified may work at the trade or craft if he is employed by a contractor qualified in the trade or craft and he is working under the direct supervision of a certified craftsman on the job site as provided in Section 342.111(b) or Section 321.108(b). It is the employing contractor's responsibility to provide certified craftsmen on each job site and failure to do so is a violation of this Chapter. It is a violation of this Chapter for a person not possessing a valid craftsman certificate issued by the Board to represent himself as holding one or to do work requiring one except under the direct supervision of a certified craftsman. This Chapter applies only to the trades, crafts and contractors specifically provided in this Section.

(b)

Electrical construction.

(1)

For purposes of this Chapter, electrical construction means the practice, materials and equipment used in the installation, maintenance, extension and alterations of a system of electrical wiring for light, heat or power, appurtenances thereto and apparatus and equipment used in connection therewith within or adjacent to a building or structure, excluding:

(i)

A wiring and electrical system in an elevator installation located beyond the elevator disconnect switch.

(ii)

Wiring and equipment in a signaling, public address or communications system operating at 50 volts or less.

(iii)

Low-voltage control wiring operating at 50 volts or less.

(iv)

An electrical system within air conditioning, heating and similar equipment, which wiring or system constituted the original equipment installed by the manufacturer.

(2)

It is unlawful for a person required by subsection (a) of this Section to have a craftsman certificate to engage in the trade of electrician or to do electrical construction for others unless he holds a valid craftsman certificate issued by the Board as a master or journeyman electrician. It is unlawful for a person to engage in the business of electrical contractor unless he holds a valid contractor certificate in that category issued by the Board or by the State.

(c)

Plumbing.

(1)

For purposes of this Chapter, plumbing means the practice, materials and equipment used in the installation, repair, maintenance, extension and alteration of piping, fixtures, appliances and appurtenances in connection with a sanitary or storm drainage facility, venting of a sewerage system, a liquid waste and a sewage disposal system and a water supply system within or adjacent to a building or structure, excluding:

(i)

The extension or installation of collector and distribution lines (not including lateral lines or lines serving only individual building or structures) of a sanitary or storm drainage system and a water supply system.

(ii)

Piping and water circulation equipment in a swimming pool, exclusive of the connections to a public supply water supply or sewerage system.

(iii)

Fire sprinkler piping, fire hose cabinets and standpipes for fire protection purposes only.

(iv)

The cleaning, unstopping or rodding out of drains and sewers if the work is done through established cleanout plugs or vents and does not involve breaking into pipes, removal of fixtures or other disturbance to the drainage piping and system.

(2)

Except where otherwise allowed by this Ordinance Code or other law, it is unlawful for a person required by subsection (a) of this Section to have a craftsman certificate to engage in the trade of plumber or to do plumbing work for others unless he holds a valid craftsman certificate issued by the Board as a journeyman plumber.

(d)

Heating, air conditioning and refrigeration.

(1)

For purposes of this Chapter, heating, air conditioning and refrigeration, to be noted herein as HAR, means the practice, materials and equipment used in the installation, repair, maintenance, extension and alteration of appliances and appurtenances in connection with a heating, air conditioning or refrigeration system within or adjacent to a building or structure, excluding:

(i)

Factory-built appliances such as window air conditioners, domestic refrigerators, kitchen ranges, space heaters, portable fans and other apparatus which is not normally included in the permanent construction of a dwelling.

(ii)

Electrical radiant heating systems, electrical household appliances and electrical construction beyond the point of connection of HAR machinery to the electrical branch circuit.

(iii)

A part of a plumbing system beyond the point of connection of HAR machinery to a water supply outlet or the discharge of HAR machinery drainage into an indirect waste.

(iv)

A water heater, unless the water heater and hot water or steam lines connected thereto are a part of the heating system and not for domestic use.

(v)

Fire sprinkler and piping of a fire protection system.

(vi)

Gas piping not within a HAR system.

(vii)

Construction or installations included within the scope of an electrical contractor or plumbing contractor as provided in subsections (b) and (c) of this Section.

(viii)

Duct systems and sheet metal work.

(ix)

HAR equipment when being set in a permanent location to allow the installation of ductwork, if a proper mechanical permit has been obtained.

(x)

Preventative maintenance defined as charging of refrigerant lines, changing filters and cleaning of dust and debris of HAR equipment only when work is done by an employee of a qualified HAR contractor or when the HAR equipment is within a multifamily facility and the work is done by an employee of the multifamily facility who has been designated as a maintenance craftsman by the Board.

(xi)

Installation of refrigerant lines and drain lines on residential construction for a one to five ton capacity system, if a licensed installer verifies that the work is satisfactory before the job is completed and if a proper mechanical permit has been obtained.

(2)

The following classifications of HAR are established:

(i)

Class A indicates those craftsmen and contractors whose services are unlimited in the execution of work in the HAR trade.

(ii)

Class B indicates those craftsmen and contractors whose services are unlimited in the execution of work in the HAR trade at or below a rating of 25 tons (direct expansion units only) for a single cooling system and 500,000 Btu for a single heating system.

(iii)

Class C indicates those craftsmen and contractors whose services are limited to the execution of work of fired-pressure vessels and all appurtenances, apparatus or equipment used in connection therewith.

(iv)

Class D indicates those craftsmen and contractors whose services are limited to the execution of work on low-temperature equipment, commonly known as refrigeration, and all appurtenances, apparatus and equipment used in connection therewith.

(3)

Except where otherwise allowed by this Ordinance Code or by other law, it is unlawful for a person required by subsection (a) to have a craftsman certificate to engage in the trade of a HAR mechanic or to do HAR work for others unless he holds a valid craftsman certificate issued by the Board as a master or journeyman or installer HAR mechanic in the appropriate classification.

(Ord. 2001-1160-E, § 1)

Sec. 321.108. - Responsibilities of certified craftsmen.

(a)

It is unlawful for a qualifying agent to allow his name to be used to obtain permits for work:

(1)

Which is to be done by anyone who is not a bona fide employee of the contracting business entity certified by the Board or by the State.

(2)

Which is not done under the supervision, direction and control of the qualifying agent.

(b)

It is the responsibility of the qualifying agent or maintenance craftsman obtaining a permit under his name to ensure that:

(1)

Work done under the permit complies with the laws and regulations related to the work.

(2)

The work is done by craftsmen holding valid certificates where required. For this purpose, a certified craftsman is deemed to do the work if he is in direct charge of the work, is continuously present on the site where the work is being done and is assisted by no more than four helpers.

(c)

It is unlawful for a qualifying agent, master, journeyman, serviceman or installer craftsman:

(1)

To do or assist in work for which a permit has been issued to an owner.

(2)

To do work for which no permit has been issued where a permit is required.

(d)

A craftsman who holds a certificate of competency with the Board as a maintenance craftsman shall be held responsible for ensuring that all maintenance and minor repair work done by him or under his supervision is in compliance with all applicable provisions of this Code. A maintenance craftsman is responsible for obtaining a permit where required. The Board shall ensure that each craftsman employed as a maintenance craftsman is fully aware of his responsibilities before such craftsman is approved to obtain permits.

(e)

Any governmental agency desiring to qualify maintenance craftsman for the sole purpose of maintaining and making minor repairs to their own systems, apparatus and equipment may do so within their own agencies' jurisdiction, regardless of the number of addresses, provided they meet the qualifications outlined in this Chapter.

(Ord. 2001-1160-E, § 1)

Sec. 321.109. - Elevation requirements.

The elevation requirements in this Section 321.109 were adopted as local technical amendments to the Florida Building Code, 6th Edition (2017). However, it is the intent of the City that, pursuant to F.S. § 553.73(5), those changes not expire with subsequent editions of the Florida Building Code. The "6th Edition (2017)" is only mentioned for reference. Those changes are to be memorialized in the Land Development Procedures Manual by the Development Services Division of the Public Works Department. In that document, the strike-out and underlined text will identify the specific modifications to the Florida Building Code through the local technical amendment.

For the purposes of this Section 321.109, the term "flood hazard area" shall mean "special flood hazard area" and "adjusted special flood hazard area" as those terms are defined in Section 652.904, Ordinance Code.

(a)

A new Section 1612.4.3 in the Florida Building Code, Building, (renumbered from Section 1612.4.2), was adopted as a local technical amendment to read as follows:

1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 feet (610 mm), whichever is higher.

(b)

Section R322.2.1 (Elevation requirements), R322.2 (Flood hazard areas (including A Zones)), in the Florida Building Code, Residential, was amended as a local technical amendment to read as follows:

R322.2.1 Elevation requirements.

(1)

Buildings and structures in flood hazard areas, including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 2 feet (610 mm), or the design flood elevation, whichever is higher.

(2)

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 2 feet (610 mm), or not less than 4 feet (1,220 mm) if a depth number is not specified.

(3)

Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 2 feet (610 mm), or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section R322.2.2.

(c)

Section R322.3.2 (Elevation requirements), R322.3 (Coastal high-hazard area (including V Zones and Coastal A Zones, where designated)), in the Florida Building Code, Residential, was amended as a local technical amendment to read as follows:

R322.3.2 Elevation requirements.

(1)

Buildings and structures erected within coastal high-hazard areas and Coastal A Zones shall be elevated so that the bottom of the lowest horizontal structural members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 2 feet (610 mm), or the design flood elevation, whichever is higher.

(2)

Basement floors that are below grade on all sides are prohibited.

(3)

The use of fill for structural support is prohibited.

(4)

Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.

(5)

Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.5 and R322.3.6.

(Ord. 2023-615-E, §§ 2, 3; Ord. 2025-30-E, § 12)

Editor's note— Ord. 2023-615-E, §§ 2 and 3, amended the Code by repealing former § 321.109, and adding a new § 321.109. Former § 321.109 pertained to similar subject matter, and derived from Ord. 2019-803-E.

Sec. 321.110. - Substantial damage and substantial improvement definitions.

The definitions for "substantial damage" and "substantial improvement" in Chapter 652 (Floodplain Management), Part 9 (Definitions), Section 652.904 (Definitions) were adopted in this Chapter 321 by reference, as a local technical amendment to the Florida Building Code, as more particularly stated in Section 652.904, Ordinance Code.

(Ord. 2019-803-E, § 2; Ord. 2023-615-E, § 4)

Sec. 321.111. - Family or Assisted-Use Toilet or Bathing Rooms.

(a)

As used in this Section 321.111, the term:

(1)

Adult-Changing Table, also known as a Universal Changing Table, means a table or other device capable of bearing the full weight of a child or adult up to 400 pounds.

(2)

Building means any of the following structures with one or more of the following occupancies, with a restroom open to the public:

(i)

Assembly occupancy means pursuant to the Florida Building Code, as amended from time to time, the following types of facilities including but not limited to the following:

a.

Assembly Group A-1 for facilities, usually with fixed seating, for the production and viewing of the performing arts or motion pictures including but not limited to:

1.

A motion picture theater;

2.

A symphony or concert hall;

3.

A television or radio studio admitting an audience;

4.

Theaters.

b.

Assembly Group A-2 for facilities used for food or drink consumption, including but not limited to:

1.

Banquet halls;

2.

Casinos (gaming areas);

3.

Nightclubs;

4.

Restaurants, cafeterias, and similar dining facilities;

5.

Taverns and bars.

c.

Assembly Group A-3 for facilities used for worship, recreation, or amusement, and other assembly uses not classified elsewhere, including but not limited to:

1.

Amusement arcades;

2.

Art galleries;

3.

Bowling alleys;

4.

Community halls;

5.

Courtrooms;

6.

Dance halls (not including food or drink consumption);

7.

Exhibition halls;

8.

Funeral parlors;

9.

Gymnasiums (without spectator seating);

10.

Indoor swimming pools (without spectator seating);

11.

Indoor tennis courts (without spectator seating);

12.

Lecture halls;

13.

Libraries;

14.

Museums;

15.

Places of religious worship;

16.

Pool and billiard parlors;

17.

Waiting areas in transportation terminals.

d.

Assembly Group A-4 for facilities used for viewing indoor sporting events and activities with spectator seating, including but not limited to:

1.

Arenas;

2.

Skating Rinks;

3.

Swimming pools;

4.

Tennis Courts;

5.

Amusement Park structures.

e.

Assembly Group A-5 for facilities used for participating in or viewing outdoor activities, including but not limited to:

1.

Amusement Park structures;

2.

Bleachers;

3.

Grandstands;

4.

Stadiums.

(ii)

Mercantile occupancy means pursuant to the Florida Building Code, as amended from time to time, the following types of facilities including but not limited to the following:

a.

Mercantile Group M for facilities used for the display and sale of merchandise, and involves stocks of goods, wares, or merchandise incidental to such purposes and accessible to the public, including but not limited to:

1.

Department stores;

2.

Retail or wholesale stores;

3.

Shopping centers and malls.

(3)

Family or Assisted-Use Bathing Room means a designated unisex accessible bathing or changing room with a minimum of one water closet, one lavatory and one shower or bathtub fixture. The door to the Family or Assisted-Use Bathing Room shall be securable from within the room and be provided with an "occupied" indicator.

(4)

Family or Assisted-Use Toilet Room means a designated unisex accessible toilet facility with a minimum of one water closet and one lavatory. An example of a Family or Assisted-Use Toilet Room are depicted in Figure 1 below. The door to the Family or Assisted-Use Toilet Room shall be securable from within the room and be provided with an "occupied" indicator.

(5)

Substantial Renovation/Substantially Renovated means any reconstruction, rehabilitation, addition, or other improvement that involves more than 50 percent of the gross floor area occupied by the building, and that includes structural changes to any existing public toilet room.

(6)

All other terms shall be defined as in the Florida Building Code including any specialty sections.

(b)

Pursuant to Section 56.103, Ordinance Code, the Building Codes Adjustment Board shall adopt by rule a requirement that on or after the effective date of the Local Technical Amendment to the Florida Building Code, adopted pursuant to F.S. § 553.73, in any newly constructed Building, as defined in Section 321.111(a)(2), Ordinance Code, or any Building undergoing Substantial Renovation, as defined in Section 321.111(a)(5), Ordinance Code, which is required to have an aggregate of six or more male or female water closets, shall have available a Family or Assisted-Use Toilet Room, as defined in Section 321.111(a)(4), or when official codes require installation of bathing or showering facilities, a Family or Assisted-Use Bathing Room, as defined in Section 321.111(a)(3), with an Adult-Changing Table unless granted a variance by the Building Codes Adjustment Board, under Chapter 56, Ordinance Code.

(i)

As an alternative to the Family or Assisted-Use Toilet Room or Bathing Room, in a pre-existing structure the owner can adapt or retro-fit an existing accessible stall with an Adult-Changing Table in each room, allowing both men and women access to an Adult-Changing Table.

(ii)

Substitution of urinals for water closets does not relieve the obligation of adding the Family or Assisted-Use Toilet Room or Bathing Room, as required in Section 321.111(b), or the alternative set forth in Section 321.111(b)(i).

(c)

Pursuant to Section 56.103, Ordinance Code, the Building Codes Adjustment Board shall adopt by rule a requirement that any structure, being newly constructed or undergoing Substantial Renovation, as defined in Section 321.111(a)(5), Ordinance Code, open to the general public with an accessible swimming pool or hot tub, shall have available, at a minimum, a Family or Assisted-Use Toilet Room, with an Adult-Changing Table.

Figure 1

(Ord. 2023-780-E, § 4, 3-26-24)

Sec. 320.1001. - Compliance alternatives. Chapter 322 - MOBILE HOMES