Florida Building Commission

February 20, 2015

Legal Report

Holiday Inn Tampa Westshore

700 North Westshore Boulevard

Tampa, Florida

ACCESSIBILITY TECHNICAL ADVISORY COMMITTEE (TAC)

DS2014-129 by David Kramer, Building Code Administrator of University of Florida

Question 1: Would a shower curtain rod with the height of 74inches (AFF) be considered a head obstruction under the 80 inch vertical clearance specification in Section 307.4 of the 2010 Florida Building Code, Accessibility for a person who is visually impaired?

Answer: No, as depicted in the attached shop drawing, in a 36” X 36” transfer shower a curtain rod is not considered a protruding object.

Question 2: Would a toilet room, restroom be considered within the definition of Circulation Path under the “not limited” to part of the definition?

Answer: Yes, as per the definition of the term “Circulation Path” (See 106.5 Definition) the toilet room in question is part of the interior path of travel.

BUILDING CODE ADMINISTRATION TECHNICAL ADVISORY COMMITTEE (TAC)

DS2014-163 by Robert S. Fine, of Greenburg, Traurig, PA

Question 1: Is All Aboard Florida, the passenger rail system being constructed and to be operated by the Petitioner (including the ancillary facilities associated with it) a railroad that is exempt from the FBC (including but not limited to Section 105 of the FBC) by the language itself at Section 102.2(b), and as mandated by Section 553.73(10)(b) of the Florida Statutes?

Answer: Yes, the passenger rail system being constructed, and to be operated and maintained by the Petitioner is a railroad and ancillary facilities associated with the railroad as set forth in Section 102(b) of the FBC and Section 553.73(10)(b) of the Florida Statutes and is therefore exempt from the provisions of the FBC, including but not limited to Section 105 of the FBC’s permitting requirements.

Question 2: Do structures such as rail lines, rail beds, guideway structures, switches, parking facilities, power relays, switching houses and (notably) rail stations that are essential to the operation of the rail line fall within either the definition of railroad, or the definition of ancillary facilities associated with the railroad as set forth in Section 102.2 (b) of the FBC and therefore exempt from the FBC including its permitting requirements?

Answer: Yes. As set forth in Section 341.8203, Florida Statutes, structures such as rail lines, rail beds, guideway structures, switches, parking facilities, power relays, switching houses and rail stations that are essential to the operation of the rail line fall within the definition of railroad and are therefore exempt from the FBC and its permitting requirements based on the exemptions provided in Section 102.2 (b) of the FBC and Section 553.73(10)(b) of the Florida Statutes.

Question 3: Do some or all of the following elements of the rail stations included in the response to Question 2 of the Petition fall within the definition of railroad and ancillary facilities associated with the railroad as set forth on Section 102.2(b) of the FBC and Section 553.73(10)(b) of the Florida Statutes and are therefore exempt from the provisions of the FBC including Section 105 of the FBC’s permitting requirements:

·buildings and facilities designed to accommodate the movement of passengers from one mode of transportation to another including platforms and facilities at which passengers board or disembark from transportation conveyances (e.g., trains);

·ticketing facilities, information stands, waiting areas, sanitary facilities for passengers and staff, and offices for railroad staff;

·demised areas and other spaces intended to contain retail sales and/or service establishments, and restaurants and/or other food or beverage service establishments;

· retail sales and/or service establishments, restaurants and/or other food or beverage service establishments that will be tenants in the rail stations’ “demised areas and other spaces” mentioned immediately above;

· surface or structured parking serving the passengers and railroad staff may be adjacent to, or integral with the rail stations;

·crew and other train staff rest areas; and

·facilities to service the trains including food supply (including kitchen) facilities.

Answer: The elements of the rail stations proposed by Petitioner that are exempt from the FBC pursuant to Sec 102.2(b) and Section 557.73(10)(b), Florida

Statutes are:

·ticketing facilities, information stands, waiting areas, sanitary facilities for passengers and staff, and offices for railroad staff;

·demised areas and other spaces intended to contain retail sales and/or service establishments, and restaurants and/or other food or beverage service establishments;

·surface or structured parking serving the passengers and railroad staff adjacent to, or integral with the rail stations; and

·crew and other train staff rest areas; and

·facilities to service the trains including food supply (including kitchen) facilities.

Retail sales and/or service establishments, restaurants and/or other food or beverage service establishments that will be tenants in the rail stations’ “demised areas and other spaces” are not exempt from the FBC pursuant to Section 102.2(b). However, ticketing facilities, information stands, waiting areas, sanitary facilities, and offices for railroad staff—elements that are “essential to the operation of the railroad occupying the “demised and other spaces” are exempt from the FBC pursuant to Section 102.2(b) and Section 553.73(10)(b) of the Florida Statutes.

PRODUCT APPROVAL PROGRAM OVERSIGHT COMMITTEE (POC)

DS2014-152 by Bryce Brandon, of Euromax International

Question 1: Is this product, which is solely for exterior applications, outside the building envelope and may not apply for Florida Product Approval?

Answer: Yes, this product is outside the scope of the state product approval program. However, the product in question must meet the requirements of the Florida Building Code and is subject to approval by the local authority having jurisdiction.