STATE OF FLORIDA

BUILDING COMMISSION

 

In the Matter of

 

LORRAINE A. ROSS,

2642 Tifton St. S.

Gulfport, Florida 33711-3643                                                                                   

 

            Petitioner.                                                                                            DS 2012-019

_________________________/

 

DECLARATORY STATEMENT

 

The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Lorraine A. Ross, which was received February 23, 2012, and amended March 12, 2012.  Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, 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 (F.A.C.).

2.  The petitioner, Ms. Lorraine A. Ross, representing The Dow Chemical Company (“Dow”), seeks clarification of code regarding the correct insulation level required for commercial building renovations and alterations by Table 502.1.1.1(2) in the 2010 Florida Building Code, Energy Conservation. Dow has been working with several insulation distributors, including G. Prouix of Fort Lauderdale, BlueLynx of Miami and All Interior Supply of Orlando and Hialeah, firms that are often asked questions regarding insulation requirements of the Florida Energy Code. Dow is committed to providing complete and accurate information regarding compliance with the Energy Code to its customers, including distributors, home builders, architects and other design professionals. To that end, Dow, along with these distributors, noticed that there appears to be a discrepancy in insulation values for insulation levels for renovation and alteration of commercial roofs in Table 502.1.1.1(2)

3.  Petitioner seeks clarification of the following questions:

 

a.       In Table 502.1.1.1(2), which is the correct insulation level for Roofs, an R-value of 38 or a U-factor of 0.033 which equates to an R-value of 30? If the correct answer is R-38, then the corresponding U-factor should be 0.025.

b.      If the answer to Question 1 is an R-value of 38, what measures will be taken to correct the error, including correction of the values in the compliance software?

 

Conclusions of Law

1.  The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement.

2.   In response to the Petitioner’s first question, the answer is that the R-38 roof insulation value is correct; the corresponding U-value should be (U≤ 0.027). The U-0.033 conversion was a typographical error.

3.   In response to the Petitioner’s second question, the answer is that the program uses U-0.033 for the Roof R-value for renovations and alterations in the EnergyGauge Summit 4.0 program but can be changed quickly with no problem.         

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 Florida Rules of Appellate Procedure 9.110(a) and 9.030(b)(1)(C) and 9.110(a).  To initi­ate an appeal, a No­tice of Appeal must be filed with Agency Clerk, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1000 and with the appropriate District Court of Appeal not later than thirty (30) days after this Order is filed with the Clerk of the Department of Business and Professional Regulation.  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 _____ day of ______________, 2012 in ____ Jacksonville, Duval County, or ____ Daytona Beach, Volusia County, State of Florida. 

 

______________________________

RICHARD S. BROWDY

Chair, Florida Building Commission

 

 

CERTIFICATE OF FILING AND SERVICE

 

            I HEREBY CERTIFY that a true and correct copy of the foregoing order has been filed with the undersigned and furnished by U.S. Mail to the persons listed below this____ day of  ____________________, 2012.

___________________________________

Agency Clerk’s Office, Department of Business and

Professional Regulation & Florida Building Commission

1940 North Monroe Street

Tallahassee, Florida 32399‑1000

 

 

 

Via U.S. Mail                                                             Via Inter-Office or Email Delivery

 

Lorraine A. Ross                                                         Mo Madani, C.B.O. Manager

2642 Tifton St. S.                                                       Codes and Standards Section

Gulfport, Florida 33711-3643                                                Department of Business and Professional

                                                                                    Regulation

Marjorie C. Holladay                                                  1940 North Monroe Street

Joint Administrative Procedures Committee              Tallahassee, Florida 32399

Holland Building, Room 120                                     Mo.Madani@dbpr.state.fl.us 

Tallahassee, FL 32399-1300