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Cape Coral staff recommends local code change to require 2-hour firewalls in new commercial flex buildings; council signals support
Summary
City staff proposed a local code amendment to require two-hour firewall assemblies in new commercial multi-tenant buildings to reduce repeated tenant upgrades and speed occupancy. After a presentation of costs, council members generally favored pursuing the change and asked staff to pursue the state-local path and a local amendment if needed.
City staff on Oct. 15 recommended that the city adopt a local amendment requiring two-hour firewall assemblies for new multi-tenant commercial construction after reporting repeated conflicts between building designs and downstream tenant build-outs.
Deputy Development Services Director Matthew Grama and Fire Marshal Dale Dela Cass told the Committee of the Whole that many multi-tenant commercial structures are currently built to a minimal firewall rating under the Florida Fire Code and later require expensive tenant upgrades when new occupants with different occupancies move in. Fire Department staff presented a crosswalk showing that roughly 94% of typical occupancy combinations in Cape Coral would require a two-hour separation once tenants occupy adjacent units.
Grama and Dela Cass outlined three policy paths: (1) pursue a state fire-code change by submitting a recommendation to the Florida State Fire Marshal; (2) adopt a local amendment when the triennial state fire code is adopted locally (the staff-preferred approach for speed and local control); or (3) pursue a facilities operations plan with waivers and rebates for impacted projects. They suggested the two-hour firewall as a balanced, cost-effective solution compared with mandatory sprinklers, which are more expensive to install and maintain.
Staff estimated a modest incremental cost for a typical interior partition (two additional layers of 5/8'" Type X drywall) and said the retrofit cost after occupancy is substantially higher. Council members pressed staff on whether the rule would apply only to new construction (staff said yes) and whether grandfathering or deferred compliance would be available for existing projects. The city attorney said a formal grandfathering exemption would not apply if the permit or plans were not compliant at the time of original approval; staff explained limited deferred-compliance options (recorded hold-harmless agreements) could be used in constrained cases but cautioned on opening a broad loophole.
Council discussion: Council broadly favored pursuing a local amendment (the second option) and recommended staff submit the proposal to the State Fire Marshal for consideration while preparing a local ordinance to adopt at the next triennial code update or as a local amendment if necessary. Council members emphasized outreach to the development community and advance notice so designs and site plans can be revised before permitting.
Next steps: Staff will prepare the language and pursue the state-submission route while drafting a local amendment as a backstop. Staff also said it will notify the industry and make adjustments to permit review checklists to reduce downstream surprises.
Why it matters: The change would aim to reduce tenant delays and retrofit costs, improve public safety and shorten the time before new businesses can open by requiring more robust compartmentalization at initial construction.
