STATE OF FLORIDA

BUILDING COMMISSION

 

In the Matter of

 

TIM GRABOSKI ROOFING INC.,                         Case #: DCA10-DEC-247

 

            Petitioner.

 

_________________________/

 

 

DECLARATORY STATEMENT

 

The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Tim Graboski of Tim Graboski Roofing, Inc., which was received on November 24, 2010 and amended on January 14, 2011.  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 is a Certified Roofing Contractor in the State and performs work that is subject to the requirements of the Florida Building Code. 

3.  The Petitioner has been requested to provide a roofing quotation for a project located in Palm Beach County, wind zone of 140, exposure C, category II building, roof mean height of 32 feet, and roof slope of 5/12. The specifications require the use of an adhesive set roof tile system over a “self-adhering” cap sheet over an ASTM D226 Type II anchor sheet. While performing the calculations for the resistance required for the site, the HIP roof design requires 31.80 ft-lbf.

4.  For the project in question and in accordance with Sections 1504.3 and Section 1504.3.1, Florida Building Code, Building Volume (2007 as amended October 1, 2009), is it acceptable to use a “self-adhering” cap sheet that does not have a “Structural Uplift Resistance Rating”?

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 1504.3, Florida Building Code, Building Volume (2007 as amended October 1, 2009), states:

 Wind resistance of nonballasted roofs. Roof coverings installed on roofs in accordance with Section 1507 that are mechanically attached or adhered to the roof deck shall be designed to resist the design wind load pressures for cladding in Chapter 16.

 

3.  Section 1507.3.3, Florida Building Code, Building Volume (2007 as amended October 1, 2009), provides:

Unless otherwise noted, required underlayment shall conform to: ASTM D 226, Type II; ASTM D 2626; ASTM D 1970 or ASTM D 6380 mineral-surfaced roll roofing. Underlayment shall be applied according to the tile manufacturer's installation instructions or the recommendations of the FRSA/TRI 07320.

 

            4.  Section 1507.3.8, Florida Building Code, Building Volume (2007 as amended October 1, 2009),  requires that “[t]ile shall be applied according to the manufacturer's installation instructions or recommendations of the FRSA/TRI 07320.”

            5.  Therefore, based on the foregoing, according to Sections 1507.3.3 and 1507.3.8, the use and the application of the tile systems including the cap sheet shall be in accordance with the tile manufacturer’s installation instruction or recommendations of the FRSA/TRI 07320.

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, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, and with the appropriate District Court of Appeal no later than thirty days after this Order is filed with the Clerk of the Commission.  A Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee specified by section 35.22(3), Florida Statutes.

DONE AND ORDERED this ______ of _____________, 2011, in Coral Gables, Miami-Dade County, State of Florida.

 

                                                                                    ______________________________

                                                                                    Raul L. Rodriguez, AIA, Chair

                                                                                    Florida Building Commission

                                                                                    Department of Community Affairs

                                                                                    Sadowski Building

                                                                                    2555 Shumard Oak Blvd.

                                                                                    Tallahassee, FL 32399-2100

 

 

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 U.S. Mail                                                             Via Hand Delivery

 

Tim Graboski                                                              Mo Madani, C.B.O. Manager

Tim Graboski Roofing, Inc.                                        Codes and Standards Section

151 Northwest 18th Avenue                                        Department of Community Affairs

Delray Beach, Florida 33444                                      2555 Shumard Oak Blvd.

                                                                                    Tallahassee, FL 32399-2100