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Bou 63 fAGC 5-5 ANSWER CONTINUES:...Table 66, Standard Building Code, is the reference regarding seperation along property lines. It is to be used in conjunction with Section 403, Standard Building Code, regarding tenant seperation. Since subdivision of the center, the staff has determined that the code does not mandate zero setback construction requirements for condominium type construction for purposes of applying the code. In order to apply zero setback construction, _ the property line division must give each individual owner complete accessibility to, and control of his property. The code does not differentiate between tenant occupancy vs. ownership in this type of construction, nor does the code consider unit ownership or rental situations to mandate zeripsetback construction requirements, i.e., firewall construction. One hour construction, as permitted in certain tenant seperations and condominium apartment construction, is cost efficient and practical in buildingl6 where tenants and/or owners have common access, maintainance responsibilities, etc. CONCLUSION: Subdivision of center without firewalls was consistant with County regulations, including building codes, The method by which the subject property was subdivided has no bearing on the origional PAGE IV a1 plan review. This project complies with the building code require- ments for tenant seperation. Party walls and firewalls are synonymous in function, the difference being in locations. Party walls are located equally on a seperation line and are shared in ownership and/or responsibility of the common wall. A fire wall is an independent wall under the exclusive control of the enclosed space. Theses walls are not to be confused with tenant seperation partitions which are defined as simply a wall or partition between tenants which may be non -fire rated. COMMENT: ... THE -DEED RESTRICTIONS STATE THAT "EACH WALL WHICH IS BUILT AS A PART OF THE ORIGIONAL CONSTRUCTION OF THE UNITS UPON THE PROPERTIES AND PLACED ON THE DIVIDING LINE BETWEEN THE UNITS SHALL CONSTITUTE A PARTY WALL AND THE GENERAL RULES OF LAW REGARDING PARTY WALLS SHALL APPLY THERETO. THE DESCRIPTION OF A PARTY WALL IN THE CODE IS A FIRE WALL ON AN INTERIOR LOT LINE USED OR ADOPTED FOR JOINT SERVICE BETWEEN TWO BUILDINGS. AS WAS STATED PREVIOUSLY, THIS PROJECT COMPLIES WITH THE BUILDING CODE REQUIREMENTS FOR TENANT SEPERATION ... BUT DOES I.T MEET THE REQUIREMENTS FOR OWNERSHIP SEPERATION ... THIS IS A CONDOMINIUM. QUESTION... THIS CONCERNED THE PRESENTATION OF THE SUBDIVISION. I NOTED PREVIOUSLY THAT IT WAS PRESENTED AS A LAND CONDOMINIUM. I STATED AT THE SAME TIME THAT IT WOULD NOT BE A VALID PLAT BECAUSE THERE WERE NO CONDOMINIUM DOCUMENTS RECORDED AND APPROVED BY THE STATE OF FLORIDA. THE FLORIDA CODE DOES NOT PERMIT SALES OF CONDOMINIUMS WITHOUT APPROVED CONDOMINIUM DOCUMENTS AND THERE WERE NONE IN THIS CASE. THE STAFF EXPLAINS THIS ERROR THUS: It was the opinion of the County Attorney's office that the intent of this provision of the ordinance is met upon creation of an association and creation of a declaration of covenants and restrict- ions which adequately provide for the projects common area.'In this as in all cases,.the association documents were reviewed and approved by the County Attorney's office= execution of the final plat document by the County Attorney also indicates concurrence with all plat submittals. CONCLUSION: Subdivision of the center conformed to County ordinances, terminology reflects subdivision ordinance definitions COMMENT: THE COUNTY ORDINACE CLEARLY STATES THAT A LAND CONDOMINIUM IS THE APPLICATION OF THE CONDOMINIUM LAWS OF THE STATE OF FLORIDA _ TO LAND SALES .... as previously read. THE STAFF STATES IN CONCLUSION 36