Building Codes in Florida: 1970s to Hurricane Andrew

In 1974, Florida adopted a state minimum building code law requiring all local governments to adopt and enforce a building code that would ensure minimum standards for the public’s health and safety.

Four separate model codes were available that local governments could consider and adopt. In that system, the state’s role was limited to adopting all or relevant parts of new editions of the four model codes. Local governments could amend and enforce their local codes as they desired.

Hurricane Andrew, that devastated South Florida on August 24, 1992 caused extensive damage and tore apart homes of all ages in South Florida including newly constructed homes,

This hurricane exposed more than the interiors of thousands of homes and businesses, the storm revealed a serious statewide problem in how homes were being constructed.

Florida had an antiquated system of locally administered building codes, building code compliance and enforcement of these codes. Thousands of the homes hit by the hurricane and other structures simply did not stand up to the storm as well as they should have, and the effects quickly rippled out from South Florida to the rest of the state. Hurricane Andrew broke all records at that time for insurance losses and was the direct cause of Florida’s worst insurance crisis in history. Insurance companies quickly realized that all their worst-case predictions were grossly understated; Florida was seriously under-insured and over exposed to these major catastrophic storms. In the storm’s aftermath, many insurance companies simply pulled out of Florida and those that stayed felt it necessary to raise premiums to high levels to avoid the very real threat of bankruptcy following another hurricane. This affected homeowners in all of Florida as they saw their insurance rates rise drastically and found a lack of available new insurance threatening to pull the plug on development in every part of the state. This program made creating building codes and their administration and enforcement a statewide issue.

Creation of a Statewide Florida Building Code

In 1996, the Florida Building Code Study Commission was appointed to review the system of local codes created by the 1974 law and to make recommendations for modernizing the entire system. During 16 months of study, what the Commission found was a complex and confusing patchwork system of codes and regulations, developed, amended, administered and enforced differently by more than 400 local jurisdictions and state agencies with building code responsibilities. One of the most pressing issues identified was compliance. Commission recommendations called for strengthened compliance through greater predictability and accountability in the building code system. The reforms proposed included a streamlined uniform family of codes, strengthened administration and enforcement of codes and enhanced compliance with codes through education, training and discipline.

The 1998 Legislature adopted the Study Commission’s recommendations and amended Chapter 553, Florida Statures, Building Construction Standards to create a single minimum standard building code that is enforced by local governments.

The law creating the Florida Building Code was enacted by the Florida Legislature in 1998 and became effective on March 1, 2002.

The Florida Building Code (FBC) is updated every three years and may be amended annually to incorporate interpretations and clarifications. The latest version is the 7th Edition, which took effect on January 1, 2021. It contains significant changes from the prior edition, including changes to roofing, wind load and energy conservation requirements.

Roofing requirements – Building, residential and existing building

The 7th Edition contains changes to the requirements for roof assemblies, which seek to strengthen the code to improve resistance to wind damage and water infiltration. For example, there are several changes to both new construction and roof replacement, including changes to roofing underlayment (sealed roof deck). The revisions also include changes to wind loads on roofs; roof mitigation; roof diaphragms resisting wind loads in high wind regions; soffits; and cable and raceway-type wiring methods on roofs.

Wind loads – Building and residential

The wind criteria in the 7th Edition have been updated to correlate with ASCE 7-16 (Minimum Design Loads and Associated Criteria for Buildings and Other Structures). ASCE 7-16 includes notable changes to the wind load provisions, including a new Risk Category IV wind speed map; a new wind load criteria for rooftop solar panels; and revised (higher) design wind pressures on roofs of buildings with mean roof height ≤ 60 feet; new wind load criteria for attached canopies.

The wind speed map in the 7th Edition (Residential) remains unchanged. In High-Velocity Hurricane Zones, where a single wind speed for each Risk Category is specified for Miami-Dade County and Broward County, the Risk Category IV wind speeds are:

Miami-Dade County – Risk Category IV Buildings and Structures: 195 mph Broward County – Risk Category IV Buildings and Structures: 185 mph

Energy conservation volumes – Residential and commercial

The 7th Edition also includes important residential provision changes including a new electric resistance space heating prohibition for prescriptive projects in Climate Zone 2; updated residential minimum equipment efficiencies; a new whole-house mechanical ventilation minimum fan efficacy stipulation for heat recovery ventilations or energy recovery ventilations; modified mechanical ventilation vent fan energy use standard reference design specification for performance compliance; an increased lighting efficacy requirement; a blower door testing requirement clarification for certain performance projects; a performance compliance duct testing exception change that clarifies ducts must be tested if an air leakage of less than the default; new dehumidifier provisions and dehumidifier performance compliance specifications (if the proposed project has a dehumidifier); and revised service water heating performance compliance specifications.

Updating the Florida Building Code is a vital, ongoing process to protect Floridians and their property. Opponents of code changes argue stricter or new building code requirements increase the costs of construction, which are passed on to property buyers through taxes or insurance premiums. The Florida Building Code however serves as a crucial tool during the insurance claims process as it governs a property owner’s obligations to meet minimum threshold requirements and impacts an insurance company’s duties to issue payment for these increased costs to comply with such ordinances or laws in the event a property is damaged by a covered peril. It is important for every property owner to not only recognize the Florida Building Code serves as a roadmap for the repair or reconstruction of a property but also that there are insurance coverages available in the event a property owner is required to incur costs to bring the property up to the constantly evolving code.