In Florida, landlords of multiple connected rental units need to know the legal requirements of an HVAC system and its relationship to the rental units. In general, the rental units can share the same HVAC system, but there are specific regulations and codes that govern such installations. The key considerations involve ensuring that the shared HVAC system is designed and installed to meet the heating, ventilation, and air conditioning requirements for each rental unit. The lease agreement should also provide for landlord and tenant obligations in relation to the HVAC system. Here are some of the relevant points to consider.
Building Code Compliance
The shared HVAC system must comply with the Florida Building Code (FBC), including the Mechanical and Energy Conservation codes. The FBC incorporates standards from the International Building Code (IBC) and the International Mechanical Code (IMC), which regulate shared HVAC systems in multi-unit residential buildings. These codes typically require that HVAC systems are adequately sized to provide sufficient heating and cooling for all units served. This involves appropriate load calculations and ventilation requirements.
Separation, Zoning and Permit Requirements
HVAC systems serving multiple units should be properly zoned to allow for individual control and temperature regulation in each unit. This means that each unit should have its own thermostat and controls to maintain comfort and efficiency.
Shared ductwork must be properly sealed and insulated to prevent the spread of contaminants, such as smoke, odors, or other pollutants, between units. Additionally, the system must ensure adequate fresh air exchange to meet ventilation standards.
The HVAC system must not compromise the health, safety, and comfort of the occupants. The ventilation system should prevent cross-contamination of air between units. The HVAC design must prevent the transfer of allergens, pollutants, or any contaminants between units.
A shared HVAC system for multiple rental units typically requires permits and inspections by the local building authority. The system must be installed by a licensed contractor and comply with all applicable codes and standards.
Local Ordinances and Zoning
Local city and county ordinances in Florida have ordinances governing air exchange in buildings and living spaces. Escambia County, Florida has such a local ordinance that applies to shared HVAC systems in rental units, M1602.1(6), which states, “Return air from one dwelling unit shall not be discharged into another dwelling unit.”
In an HVAC system, return air refers to the air that is drawn back into the system from the living spaces to be reheated or recooled and usually passes through return air ducts to the furnace or air handler where it is filtered and conditioned again.
This means that air that is drawn back into the HVAC system from one dwelling unit (such as an apartment, condo, or other residential unit) must not be circulated or expelled into another separate dwelling unit. This is to prevent cross-contamination of air between different units, which could introduce allergens, odors, smoke, moisture, pollutants, or even pathogens from one unit to another.
Each dwelling unit is expected to maintain its own air quality and have its own dedicated return air system. If return air from one unit is discharged into another, it could compromise the health, safety, and comfort of the occupants. This could be particularly problematic in cases of mold, cooking odors, cigarette smoke, pet dander, or airborne illnesses.
Complying with this requirement typically involves separate ductwork, return air vents, and filtering systems for each unit to ensure that the air drawn in and conditioned is only recirculated within that unit. The HVAC system must be properly zoned and designed to ensure that there is no mixing of air between units.
Lease Agreement
If a shared HVAC system is used, it should be clearly stated in the lease or rental agreement to avoid disputes between landlords and tenants over temperature control and utility billing. The following are topics that should be considered and addressed in the lease agreement.
1. Description of the HVAC System
Clearly describe that a shared HVAC system is being used for multiple rental units. Specify which units share the system and how it operates.
2. Temperature Control
Define who is responsible for setting and adjusting the temperature — whether it is the landlord or if tenants have access to controls. Specify any agreed-upon temperature ranges or limits that will be maintained. For example, the agreement might state that the heating will be set between 66-72°F in the winter and cooling between 71-78°F in the summer. Clarify whether each tenant has individual access to control the thermostat or if it is centrally controlled. If it is centrally controlled, describe the process for making requests for temperature adjustments.
3. Utility Billing and Costs
Allocation of Utility Costs: Clearly state how the utility costs for heating and cooling will be allocated among the tenants sharing the system. Options may include:
- Flat Fee: A fixed monthly fee added to the rent to cover the cost of utilities related to the shared HVAC system.
- Pro-Rated Share: A formula for dividing the utility bill among tenants based on factors like unit size, number of occupants, or a predetermined percentage.
- Inclusion in Rent: An arrangement where utilities are included in the rent, and the landlord is responsible for the total bill.
Billing Method: Indicate whether tenants will receive individual bills for their share of the utility costs or if it will be added to the monthly rent. Note that in Florida, to be able to enforce non-payment of a utility charge with a Notice to Pay under F.S. 83.56(3), the lease agreement must define the charge as “additional rent”. Otherwise, the landlord’s remedy is to deliver a 7 Day Notice to Cure under F.S. 83.56(2)(b).
4. Maintenance and Repair Responsibilities
Regular Maintenance: Outline who is responsible for maintaining the shared HVAC system. Typically, the landlord is usually responsible for regular maintenance, including inspections and repairs, but certain “minor repairs” can be made the tenant’s obligation, such as monthly air filter changes and cleaning the drain line.
Reporting Issues: Detail the process for tenants to report HVAC issues and the expected response time for repairs. Specify any responsibilities tenants may have in maintaining vents or notifying the landlord of problems.
5. Dispute Resolution
Include a clear process for handling disputes related to temperature control, utility costs, or any issues arising from the shared HVAC system. This might involve mediation, negotiation, or other methods for resolving conflicts amicably.
6. Terms of Use and Limitations
Specify any restrictions or rules on using the HVAC system, such as prohibiting tenants from tampering with the thermostat or HVAC equipment. Outline the conditions under which the landlord may adjust the temperature settings or make changes to the HVAC system, including providing advance notice to tenants.
7. Compensation or Rent Adjustment
Include provisions for rent adjustments or compensation in case of prolonged HVAC outages or discomfort due to system failures. This could include a reduced rent rate or a credit if the system is not operational for a certain number of days.
8. Shared Cost Agreements
Ensure that all tenants sharing the HVAC system agree in writing to the method of cost-sharing and understand how their share is calculated.
9. Acknowledgment of Shared System
Include a clause where tenants acknowledge that they understand the HVAC system is shared, how it operates, and their obligations regarding its use.
10. Legal Compliance
Ensure that the shared HVAC arrangement complies with all local, state, and federal laws, including health, safety, and building codes.
Conclusion
Landlords who utilize shared HVAC systems among multiple rental units in Florida must navigate a complex landscape of legal requirements, building codes, and local ordinances to ensure compliance and tenant safety. Understanding the Florida Building Code, local regulations such as Escambia County’s ordinance prohibiting the discharge of return air between units, and proper zoning and ventilation requirements is essential to maintain healthy air quality and prevent cross-contamination.
Additionally, landlords should address temperature control, utility billing, maintenance, and dispute resolution clearly in the rental agreement to avoid conflicts with tenants and a more efficient manner of managing the rental units and tenancies. By carefully considering these factors and incorporating them into lease agreements, landlords can create a safe, comfortable, and fair living environment for all tenants while also safeguarding their own interests.