The Law Spot-Existing High-rise condominium buildings

The Law Spot

Section 718.112(2)(L) of the Florida Statues was changed in the 2019 legislative session by HB 7103.  The time required for retrofitting an existing high-rise condominium building has been extended to January 1, 2024.

New language in section 718.112(2)(L) requires an association to ensure compliance with the Florida Fire Prevention Code with regard to a residential high-rise condominium building.  Section 3.3.29.6 of the Florida Fire Prevention Code defines a high-rise building as a building where the floor of an occupiable story is greater than 75 feet above the lowest level of fire department vehicle access.

An association must retrofit either a fire sprinkler system or an engineered life safety system as specified in the FFPC.

Association must still comply with Chapter 633 of the Florida Statutes regarding fire prevention  and control, or of any other code, statute, ordinance, administrative rule, or regulation, or any interpretation of the foregoing, an association, residential condominium, however the new language in section 718.112(2)(L) states that a unit owner is not obligated to retrofit the common elements, association property, or units of a residential condominium with a fire sprinkler system in a building that has been certified for occupancy by the applicable governmental entity if the unit owners have voted to forego such retrofitting by the affirmative vote of a majority of all voting interests in the affected condominium.

The amendment to section 718.112 means that a local authority having jurisdiction may not require completion of retrofitting with a fire sprinkler system or an engineered life safety system before January 1, 2024.  The prior deadline was January 1, 2020.

Click here to read the full language of the statute –

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