STATE OF
BUILDING COMMISSION
In the Matter of
MESA Modular Systems, Inc., Case #: DCA10-DEC-216
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Geoff McCleod, President of MESA Modular Systems, Inc., which was received on October 29, 2010. Based on the statements in the petition, and the information subsequently submitted, it is hereby ORDERED:
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. The Petitioner manufactures products for use in buildings and structures subject to the Florida Building Code.
3. Specifically, the Petitioner manufactures a pad composed of HDPE high strength structural foam, loaded with 2.5% Carbon Black for UV stability. The modular, stackable pads are anchored by a galvanized earth anchor to resist 150 mph wind loads. This is a ground level application, not for roof top applications.
4. The Petitioner inquires whether the Commission can approve the pad according to Mechanical Code Section 304.9 as an “other approved material” and whether the anchoring system may be approved by the Commission pursuant to Rule 9N-3, Florida Administrative Code.
Conclusions of Law
1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code and Rule 9N-3, Florida Administrative Code, by entering a declaratory statement.
2. Section 304.9, Florida Building Code, Mechanical Volume (2007 as amended October 1, 2009) [as well as section M1305.1.4.1 of the Residential Volume], states:
Equipment and appliances installed at grade level shall be supported on a level minimum 3 ½ inch (89 mm) concrete slab or other approved material extending a minimum of 2 inches (51 mm) above adjoining finished grade.
3. Chapter 2, Florida Building Code, Building Volume, defines “approved” as “acceptable to the code official or authority having jurisdiction.”
4. Rule 9N-3.005, Florida Administrative Code, states in pertinent part, that the scope of the rule is limited to “approval of products and systems, which comprise the building envelope and structural frame, for compliance with the structural requirements of the Florida Building Code.”
5. Based on the foregoing, the Commission cannot approve the Petitioner’s pad according to Mechanical Code Section 304.9 “other approved material as the Code reserves that authority to the code official or authority having jurisdiction.
6. Additionally, the Commission is not able to
approve the Petitioner’s anchoring system as it is not part of the envelope of
a building.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED this ______ of _____________, 2011, in Coral Gables, Miami-Dade County, State of Florida.
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2011.
______________________________
PAULA P. FORD
Commission Clerk
Via
Geoff McCleod Mo Madani, C.B.O. Manager
President, Codes and Standards Section
MESA Modular
Systems, Inc. Department of Community
Affairs
501 Villagrande Avenue, South 2555
Shumard Oak Blvd.
St. Petersburg,
Florida 33707 Tallahassee,
FL 32399-2100