DEC REQUEST DS-2014-037 STAFF ANALYSIS

 

 

ISSUE: DS-2014-037. Petitioner Wayne R. Thorne, representing Longboat Key Building Department seeks a Declaratory Statement on section 3109.1.1 Exception of the

Florida Building Code, Building.

 

Petitioner seeks clarification of the following questions:

 

            Question 1: As it relates to noncompliant flood elevation buildings, is it the intent of the Florida Building Code, Building Section 3109.1.1 exception to prevent any repairs and require the building to become compliant by elevating them on new foundations, relocating the building, or rebuild the buildings at the minimum required elevation?

            Question 2: As it relates to the definitions of repair, would sealing of fractures and fissures be considered a repair or modification?

            Question 3: As it relates to the definitions of repair, would cleaning of corroded reinforcements and applying concrete patching or filling the spalled areas be considered a repair or modification?

            Question 4: As it relates to the definitions of repair, would replacement of reinforcements or ties, or realignment of sprung reinforcements, be considered repair or modification?

            Question 5: Would Florida Building Code, Building Section 3109.1.1 exception have the same requirements if the building was built as compliant with a pile foundation and for the flood elevation?

 

Background:

 

Situation:

 

At Longboat Key there is a tourism unit community built in 1974 that is non-compliant as to the flood elevations.  The buildings have been abandoned for a number of years now and there has been discussion to perform repairs to the buildings to re-occupy.  There are many buildings seaward of the coastal construction central line.  Most buildings are on short concrete piers with a continuous footing below grade, and three buildings on masonry piers.  The piers have extensive fractures, fissures, and even spalled concrete.  These conditions have exposed heavily corroded reinforcements and ties.  During discussions, part of the proposal of work is to repair the concrete and masonry piers.

 

2010 Florida Building Code, Building

 

Section 3109.1.1 Exception - 3109.1.1 Scope.

 

The provisions of Section 3109 shall ensure that structures located seaward of the coastal construction control line are designed to resist the predicted forces associated with a 100-year storm event and shall apply to the following:

 

1.         All habitable structures which extend wholly or partially seaward of a coastal construction control line (CCCL) or 50-foot (15.3 m) setback line.

 

2.         Substantial improvement of or additions to existing habitable structures.

 

3.         Swimming pools that are located in close proximity to a habitable structure or armoring. An environmental permit from the Florida Department of Environmental Protection, requiring special siting considerations to protect the beach-dune system, proposed or existing structures and public beach access, is required prior to the start of construction. The environmental permit may condition the nature, timing and sequence of construction of permitted activities to provide protection to nesting sea turtles and hatchlings and their habitat, including review, submittal and approval of lighting plans.

 

Exception: The standards for buildings seaward of a CCCL area do not apply to any modification, maintenance or repair of any existing structure within the limits of the existing foundation which does not require, involve or include any additions to, or repair or modification of, the existing foundation of that structure.

 

202 Definitions:

 

Repair - The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

 

2010 Florida Building Code, Existing Buildings Section 202 Definitions:

 

Repair - The patching, restoration and/or minor replacement of materials, elements, components, equipment and/or fixtures for the purposes of maintaining such materials, elements, components, equipment and/or fixtures in good or sound condition.

 

ALTERATION. Any construction or renovation to an existing structure other than a repair or addition. Alterations are classified as Level 1, Level 2, and Level 3.

 

SECTION 403

ALTERATION—LEVEL 1

 

403.1 Scope.

Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose. Level 1 alterations shall not include any removal, replacement or covering of existing materials, elements, equipment or fixtures undertaken for purpose of repair as defined in Chapter 2 and described in Section 402.

The 2013 Florida Statutes

161.053 Coastal construction and excavation; regulation on county basis.

 

(11)(a) The coastal construction control requirements defined in subsection (1) and the requirements of the erosion projections in subsection (5) do not apply to any modification, maintenance, or repair of any existing structure within the limits of the existing foundation which does not require, involve, or include any additions to, or repair or modification of, the existing foundation of that structure. Specifically excluded from this exemption are seawalls or other rigid coastal or shore protection structures and any additions or enclosures added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure. The Florida Building Commission may not adopt any rule having the effect of limiting any exceptions or exemptions contained within this paragraph.

(b) Activities seaward of the coastal construction control line which are determined by the department not to cause a measurable interference with the natural functioning of the coastal system are exempt from the requirements of subsection (4).

(c) The department may establish exemptions from the requirements of this section for minor activities determined by the department not to have an adverse effect on the coastal system. Examples of such activities include, but are not limited to:

1. Boat moorings;

2. Maintenance of existing beach-dune vegetation;

3. The burial of seaweed, dead fish, whales, or other marine animals on the unvegetated beach;

4. The removal of piers or other derelict structures from the unvegetated beach or seaward of mean high water;

5. Temporary emergency vehicular access, if the affected area is immediately restored;

6. The removal of any existing structures or debris from the upland, if there is no excavation or disturbance to the existing topography or to beach-dune vegetation;

7. Construction of a new roof overhang extending no more than 4 feet beyond the confines of the existing foundation during modification, renovation, or reconstruction of a habitable structure within the confines of the existing foundation of that structure which does not include any additions to or modification of the existing foundation of that structure;

8. Minor and temporary excavation for the purpose of repairs to existing subgrade residential service utilities (e.g., water and sewer lines, septic tanks and drainfields, electrical and telephone cables, and gas lines), if there is minimal disturbance and the grade is restored with fill compatible in both coloration and grain size to the onsite material and any damaged or destroyed vegetation is restored using similar vegetation; and

9. Any other minor construction that has an effect similar to the above activities.

 

 

Staff Analysis:  Based on the above facts and circumstances, staff provides the following analysis:

Question 1:

To the question” As it relates to noncompliant flood elevation buildings, is it the intent of the Florida Building Code, Building Section 3109.1.1 exception to prevent any repairs and require the building to become compliant by elevating them on new foundations, relocating the building, or rebuild the buildings at the minimum required elevation?”,  the answer is not possible.  This question is general and falls outside the scope of the declaratory statement process.

Question 2:

To the question” As it relates to the definitions of repair, would sealing of fractures and fissures be considered a repair or modification?”, the answer is repair.  The work in question is considered patching/restoration of building elements for the purpose of maintaining such elements in good condition and thus falls within the scope of “Repair” as defined in Section 202 of the Florida Building Code, Existing Building.

 

Question 3:

To the question” As it relates to the definitions of repair, would cleaning of corroded                                                         reinforcements and applying concrete patching or filling the spalled areas be considered a repair or modification?”,  ?”, the answer is repair.  The work in question is considered patching/restoration of building elements for the purpose of maintaining such elements in good condition and thus falls within the scope of “Repair” as defined in Section 202 of the Florida Building Code, Existing Building.

 

Question 4:

To the question” As it relates to the definitions of repair, would replacement of reinforcements or ties, or realignment of sprung reinforcements, be considered repair or modification?”,  the  answer is alteration/modification.  As per Section 403.1 of the 2010 Florida Building Code, Existing Building, the work in question falls within the scope of Level 1 Alteration and thus is considered alteration /modification.

Question 5:

Would Florida Building Code, Building Section 3109.1.1 exception have the same requirements if the building was built as compliant with a pile foundation and for the flood elevation? ”, Answer is not possible.  This question falls outside the scope of the project in question.