Issue: DS 2012-035 Petitioner seeks a declaratory statement regarding Florida Building Code-Building, Section 105.1 and asks if a Building Permit in accordance with the FBC is required for the repair or remodeling of a Mobile Home.

Mr. James DiPietro, first petitioner, is the Administrator Director of the Broward County Board of Rules and Appeals. Mr. Russell White, of Rogers, Morris & Ziegler, LLP, is the Legal Counsel for the Petitioner.

Petitioner includes the following information in his request for declaratory statement:

Background:

1) The mobile home in questions has been installed and a Certificate of Occupancy has been issued.

2) The type of materials to be used for a repair or remodeling and how the FBC Existing Building and 15C applies is not part of this request.

3) FS 320.8232 is silent as it relates for the requirement for building Permits.

4) 15-C simply states you use like kind material and deviations require an Architect or Engineer.

5) The term Building Permits relates to all Disciplines such as Plumbing, Electrical, Mechanical et cetera.

6) FBC (Building), Section 105.2.2 is recognized as an exception to the question.

In Chapter 1 of the FBC-Building volume, specifically, 102.2 Scope, states the following:

102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance,

removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings,

structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34

of this code. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law:

(a) Building and structures specifically regulated and preempted by the federal government.

(b) Railroads and ancillary facilities associated with the railroad.

(c) Nonresidential farm buildings on farms.

(d) Temporary buildings or sheds used exclusively for construction purposes.

(e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility

by persons with disabilities shall apply to such mobile or modular structures.

(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity.

(g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises.

(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other nonwood features.

(i) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

Mobile home Standards:

Florida Statute 320.823: Establishment of uniform mobile home standards.—Each new single-family or duplex mobile or manufactured home manufactured in this state or manufactured outside this state but sold or offered for sale in this state must be constructed to meet the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, pursuant to the Manufactured Housing Improvement Act. Such standards must include, but need not be limited to, standards for body and frame construction and the installation of plumbing, HVAC, and electrical systems.

24 C.F.R. PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS regulates the construction and transportation of mobile homes.

Florida Statue 320.77 provides for the licensing and regulation of Mobile Home Dealers, Brokers, and Salespersons.

FS 320.822(1) provides for Setup Operations.

FS 320.822(1)(c) references The Mobile Home Repair and Remodeling Code and Used Recreational Vehicle Code.

The Mobile Home Repair and Remodeling Code is also known as 15-C-2.0081

15-C (a) Additions, including, but not limited to add-a-rooms, roof-overs and porches shall be free standing and self-supporting with only the flashing attached to the main unit unless the added unit has been designed to be married to the existing unit. All additions shall be constructed in compliance with State and locally adopted building codes.

(c) Repair or remodeling of a mobile/manufactured home shall require the use of material and design equivalent to the original construction. Structure shall include, but not be limited to, roof system, walls, floor system, windows and exterior doors of the mobile/manufactured home.

Staff Recommendations: Based on the above facts and circumstances, staff provides the following recommendations as answers to petitioner’s questions and background notations.

Question 1:

To the Question: In accordance with FBC Section 105.1, is a building Permit required to be obtained from the local Building Official for the repair or remodeling of a Mobile Home?

Answer: Staff recommends that this request should be dismissed due to the fact that construction of mobile/manufactured homes fall outside the scope the Florida Building Code and that the Commission has no legislative authority to address the question of concern.

1) FBC section 105.2.2 is recognized as an exception to the question.

Answer: Florida Building Code-Building, section 105.2.2 Minor Repairs: is not an “exception” as printed in the Florida Building Code-Building volume. However, this section does provide the building official within his/her capacity as a licensed Building Code Administrator the authorization to ascertain the scope of a project for which a permit application has been received and determine if a permit is necessary and falls within the scope of the Florida Building Code-Building, Section 105.1 or section 105.2.2 Minor Repairs.

Specifically:

Florida Building Code-Building,

PERMITS

section 105.2.2 Minor Repairs: Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.