Legal Report
January 29, 2008
DCA07-DEC-085 by Walter A. Tillit, Jr., P.E., of Tilteco, Inc
Committee Action: Deferred for additional discussion from the manufacturers.
DCA07-DEC-179
by Alan Fallik,
Committee Action:
Question
One: “Is Petitioner entitled to rely
on the past consistent interpretations of the Florida Department of
Environmental Protection (‘DEP’), and its predecessor agency, the Florida
Department of Natural Resources (‘DNR’), regarding the application of the same
regulatory language that is now set forth in section 3109 of the FBC (as
evidenced by the past consistent history of permits issued) to determine what
uses may occupy an enclosed space in the Project that exists seaward of the
CCCL and in between the FEMA/NFIP-established2 base flood elevation and the
lowest horizontal structural member3 as described in section 3109.3 of the
FBC?”
Answer
One: Yes, to the extent that the
historical application of the regulation is consistent with the current context
of the Florida Building Code.
Question
Two: If the answer to the question
two above is “yes,”: “Are the uses set
forth below in this paragraph included among those that DEP and its
predecessor, DNR, have interpreted to be
2 The Federal Emergency Management Agency’s National
Flood Insurance Program.
3 The “lowest horizontal structural member” must be
constructed at or above the elevation of the wave crest of a 100-year storm, as
determined by DEP. § 62B-33.007(3)(c), F.A.C.
allowed
to exist in an enclosed space that exists seaward of the CCCL and in between
base flood elevation and the lowest horizontal structural member (as described
in section 3109.3 of the FBC):
a. retail shops
b. pool and other bars
c. snack bars
d. grills with portable cooking equipment
e. dining areas where the permanent
kitchen is located landward of the CCCL or above the lowest horizontal
structural member
f.
toilet rooms and
bathrooms
g. cabanas
h. recreational spaces such as gyms and card rooms; and
i. service/storage/back-of-house facilities.”
Answer
Two:
Yes,
the lowest horizontal structural members must be set at or above the elevation
established by FDEP report titled 100 Year Storm Elevation Requirements for
Habitable Structures Located Seaward of a CCCL.
All Occupancy Classifications except S and U shall be prohibited in this
space.
Section 3109 does not address or prohibit the use of such space for commercial purposes with exception that the space shall not be used for residences, hotels, restaurants and a like subject to the permit requirements of the Florida Department of Environmental Protection.
DCA07-DEC-269 by Emil Veksenfeld, P.E.
Committee Action: Dismissed due to lack of information needed to render an opinion.
DCA07-DEC-290 by George Coleman, Building Official, City of West Melbourne/Intervener David Hudson, AIA, Artech Design Group, Inc.
Project description:
The Project in question is
Committee Action:
Question: Can the project in question (Anchor A/Anchor B) as described above be constructed as one building?
Answer: The building can be constructed in accordance with the requirements of section 507.2 of the FBC, provided that the separation wall between the anchor store and tenant building stores is constructed as required for a zero lot line in accordance of with section 602.1 of the code.
DCA08-DEC-001 by Karen Kalman,
DCA08-DEC-002 by Scott Hampton, PE
Committee Action: Deferred for more information.
DCA08-DEC-004 by Karen Wallen Oliver, Wallen Service Corp.
Committee Action:
To the question, “Does the code imply use of the ACCA Manual S?”, the answer is the code does not directly reference Manual S for the purpose of selecting equipment. However, Manual J defers to Manual S on this subject. Manual S does show how to use comprehensive manufacturer’s performance data on sensible, latent, or heating capacity for various operating conditions, which is required by Section 13-607.1.ABC.1.1 of the Florida Building Code, Building.