Nassau County adopts 2023 Florida Building Code with local administrative changes

The Nassau County Board of County Commissioners unanimously approved an ordinance adopting the 2023 Florida Building Code and accompanying local administrative amendments on Monday evening.

The update, presented by county building staff, replaces section 7-6 of the Nassau County Code of Ordinances and adds administrative changes to chapter 1. The ordinance includes expanded exemptions for certain single-family accessory projects, clarified definitions for accessory structures, a higher fence exemption threshold, broadened exemptions for residential accessibility ramps, revised plan-review routing and deadlines, and additional enforcement authority for the building official.

County building staff said the ordinance adopts the 2023 Florida Building Code and four related supplements that implement recent state laws. "We're adopting the '23 Florida Building Code, and we're also have an administrative amendment where we're modifying chapter 1 to curtail it to the building departments, the way we basically want the office to run," said Mark Ellis, building department staff. Ellis credited deputy building official Chet Barr, legal staff and others for preparing the 55-page ordinance and the condensed highlights presented to the board.

Key changes described in the presentation include raising the single-family accessory-structure permit exemption to 320 square feet for owner-occupied residences (the county said it had a longstanding 250-square-foot exemption), and clarifying that the exemption may apply to structures such as porches, decks, patios, pergolas, lanais and storage sheds so long as the structure is non-habitable and the owner resides at the property.

The ordinance also increases the unpermitted fence threshold from 6 feet to 7 feet to reduce enforcement disputes about post heights, and it specifies that fence materials will not be restricted by type for fences seven feet or less.

Ellis described a residential-accessible-ramp exemption intended to help veterans and residents with disabilities. "There's no limitation on the height. So now if that's what it's for, then you won't have to get a permit," he said, noting the county will provide the applicable code slope and railing guidance.

The county will clarify permit routing and review timing by requiring an initial sufficiency check and routing to planning, development services and stormwater prior to the building department's full review. The ordinance shortens some maximum review windows cited in the current code: staff said they reduced previously longer timeframes and aligned others to be achievable when routed concurrently to multiple departments (staff cited reducing a 60-day timeframe to 15 or 20 business days for certain commercial and multifamily projects and aligning single-family reviews with the state's 10-business-day framework when feasible).

The building official's enforcement authority was broadened to allow the official to order utility disconnection or take other administrative steps in cases where occupancy or operation presents an imminent life-safety or public-safety concern, the staff presentation said, with the intent of gaining leverage to prompt compliance rather than to impose immediate penalties.

Commissioner Gray praised the changes as beneficial for residents, specifically noting exemptions for ramps and other lower-cost projects. "I think this is gonna be very beneficial to citizens of Nassau County, especially a lot of these, you know, the cost involved and sometimes, like you said, wheelchair ramps and things like that," Gray said.

After public discussion and board deliberation, Commissioner Gray moved to approve Tab B as a considered ordinance; Commissioner McCullough seconded. The clerk recorded a 5-0 vote in favor of adoption.

The ordinance update takes effect as provided in the county's adoption process; staff said eventual statewide code updates (the next edition) will be folded into future local revisions as appropriate.