Declaratory Statement Request
DS2014-061
Issue: Petitioner seeks a Declaratory Statement on interpretation
of Chapter 1 of the Florida Building Code 2010, Section 110.3.7.1.
Specifically, requesting clarification with regard to the requirements for a
Special Inspector to inspect repairs to Threshold Buildings.
Background:
The Petitioner, Chester
Darby, Owner of Florida Building Services believes under current language in
section of Chapter 1 of the Florida Building Code it creates an increased and
unfair burden of liability and responsibility to a minority of specialty
contractors. Current language requires a General Contractor to perform
structural repairs to a threshold building but excludes the requirement of a
threshold inspector for the same activities. The petitioner feels this creates
a lack of responsible oversight.
Petitioner believes
that under current language repairs of threshold buildings can be done by a
non-structural engineer without threshold certification, also that a
non-structural engineer and employees can direct and inspect work that involves
structural alterations of a threshold building.
2010 Florida Building
Code, Building
110.3.7 Threshold building, Florida Building Code, Building 2010
110.3.7.1
The enforcing agency
shall require a special inspector to perform structural inspections on a threshold
building pursuant to a structural inspection plan prepared by the engineer or
architect of record. The structural inspection plan must be submitted to
the enforcing agency prior to the issuance of a building permit for the
construction of a threshold building. The purpose of the structural inspection
plan is to provide specific inspection procedures and schedules so that the
building can be adequately inspected for compliance with the permitted
documents. The special inspector may not serve as a surrogate in carrying out
the responsibilities of the building official, the architect, or the engineer
of record. The contractor’s contractual or statutory obligations are not
relieved by any action of the special inspector.
110.3.7.2
The special inspector
shall determine that a professional engineer who specializes in shoring design
has inspected the shoring and reshoring for conformance with the shoring and
reshoring plans submitted to the enforcing agency. A fee simple title owner of
a building, which does not meet the minimum size, height, occupancy, occupancy
classification, or number-of-stories criteria which would result in
classification as a threshold building under Section 553.71(7), may designate
such building as a threshold building, subject to more than the minimum number
of inspections required by the Florida Building Code.
110.3.7.3
The fee owner of a
threshold building shall select and pay all costs of employing a special
inspector, but the special inspector shall be responsible to the enforcement
agency. The inspector shall be a person certified, licensed or registered under
Chapter 471, Florida Statutes, as an engineer, or under Chapter 481, Florida
Statutes, as an architect.
110.3.7.4
Each enforcement agency
shall require that, on every threshold building:
110.3.7.4.1
The special inspector, upon completion of the building and prior to
the issuance of a certificate of occupancy, file a signed and sealed statement
with the enforcement agency in substantially the following form: “To the
best of my knowledge and belief, the above described construction of all
structural load-bearing components complies with the permitted documents, and
the shoring and reshoring conforms to the shoring and reshoring plans submitted
to the enforcement agency.”
110.3.7.4.2
Any proposal to install an alternate structural product or system
to which building codes apply be submitted to the enforcement agency for review
for compliance with the codes and made part of the enforcement agency’s
recorded set of permit documents.
110.3.7.4.3
All shoring and reshoring procedures, plans and details be
submitted to the enforcement agency for recordkeeping. Each shoring and
reshoring installation shall be supervised, inspected and certified to be in
compliance with the shoring documents by the contractor.
110.3.7.4.4
All plans for the building which are required to be signed and
sealed by the architect or engineer of record contain a statement that, to the
best of the architect’s or engineer’s knowledge, the plans and specifications
comply with the applicable minimum building codes and the applicable
fire-safety standards as determined by the local authority in accordance with
this section and Chapter 633, Florida Statutes.
110.3.7.5
No enforcing agency may issue a building permit for construction of
any threshold building except to a licensed general contractor, as defined in
Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor,
as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her
or his license. The named contractor to whom the building permit is issued
shall have the responsibility for supervision, direction, management and
control of the construction activities on the project for which the building
permit was issued.
110.3.7.6
The building department may allow a special inspector to conduct
the minimum structural inspection of threshold buildings required by this code,
Section 553.73, Florida Statutes, without duplicative inspection by the
building department. The building official is responsible for ensuring that any
person conducting inspections is qualified as a building inspector under Part
XII of Chapter 468, Florida Statutes, or certified as a special inspector under
Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings
required by Section 553.79(5), Florida Statutes, are in addition to the minimum
inspections required by this code
STRUCTURAL DETERMINATION. For purposes of this code, “structural“ shall
mean any part, material or assembly of a building or structure which affects
the safety of such building or structure and/or which supports any dead or
designed live load and the removal of which part, material or assembly could
cause, or be expected to cause, all or any portion to collapse or fail.
CHAPTER 2 DEFINITIONS
THRESHOLD BUILDING. In accordance with Florida
Statute, any building which is greater than 3 stories or 50 feet in height, or
which has an assembly occupancy classification that exceeds 5,000 square feet
in area and an occupant content of greater than 500 persons.
Florida Statutes designation of special instructor to
perform threshold inspections
553.79 (5)(a) F.S. (2013)
The enforcing agency
shall require a special inspector to perform structural inspections on a
threshold building pursuant to a structural inspection plan prepared by the
engineer or architect of record. The structural inspection plan must be
submitted to and approved by the enforcing agency before the issuance of a
building permit for the construction of a threshold building. The purpose of
the structural inspection plan is to provide specific inspection procedures and
schedules so that the building can be adequately inspected for compliance with
the permitted documents. The special inspector may not serve as a surrogate in
carrying out the responsibilities of the building official, the architect, or
the engineer of record. The contractor’s contractual or statutory obligations
are not relieved by any action of the special inspector. The special inspector
shall determine that a professional engineer who specializes in shoring design
has inspected the shoring and reshoring for conformance with the shoring and
reshoring plans submitted to the enforcing agency. A fee simple title owner of
a building, which does not meet the minimum size, height, occupancy, occupancy
classification, or number-of-stories criteria which would result in
classification as a threshold building under s. 553.71(12), may designate such
building as a threshold building, subject to more than the minimum number of
inspections required by the Florida Building Code.
553.79 (7) F.S (2013)
Each enforcement agency
shall require that, on every threshold building:
(a) The special
inspector, upon completion of the building and prior to the issuance of a
certificate of occupancy, file a signed and sealed statement with the
enforcement agency in substantially the following form: To the best of my
knowledge and belief, the construction of all structural load-bearing
components described in the threshold inspection plan complies with the
permitted documents, and the specialty shoring design professional engineer has
ascertained that the shoring and reshoring conforms with the shoring and
reshoring plans submitted to the enforcement agency.
Florida Statutes designating that only a Licensed General
Contractor, or Licensed Building Contractor can receive permit to work on
threshold building.
553.79 (8) F.S (2013)
(8) No enforcing
agency may issue a building permit for construction of any threshold building
except to a licensed general contractor, as defined in s. 489.105(3)(a), or to
a licensed building contractor, as defined in s. 489.105(3)(b), within the
scope of her or his license. The named contractor to whom the building permit
is issued shall have the responsibility for supervision, direction, management,
and control of the construction activities on the project for which the
building permit was issued.
Florida Statute definition of a threshold building:
553.71 (12) F.S (2013)
“Threshold building”
means any building which is greater than three stories or 50 feet in height, or
which has an assembly occupancy classification as defined in the Florida
Building Code which exceeds 5,000 square feet in area and an occupant content
of greater than 500 persons.
Interpretation No.1 (Non-binding – BOAF)
Does the current code and statutes exclude the requirement of a
threshold inspector to inspect repairs to threshold buildings?
Per
the Florida Building Code, Building there is no language excluding
threshold inspectors from inspecting repairs of existing threshold buildings.
Alterations
or Repairs of existing Threshold Buildings would be required to follow the same
provisions of Section 110.3.7.1 Threshold building, Florida
Building Code, Building 2010. This section makes no distinction between new
construction and work on an existing building.
Furthermore,
the way the code is currently written, any threshold building constructed would
have been required to have a threshold inspection plan. Therefore, any
alteration or repair of work in that threshold inspection plan should be
inspected by the threshold inspector.
Staff Analysis:
Project 1
5 story, 8,750sf, 35 unit condominium. Post
tension structure with cast in place columns and beams. Scope of work is to
lock-off remove/replace and re-tension approximately 600 post tension anchors
throughout the structure as well as completely remove and recast 10 cantilever
balconies 840sf and perform partial structural repairs to various columns,
beams, and slabs.
Question: Do the activities listed above meet the
criteria of 2010 Florida Building Code Chapter 1: Sec 110.3.7.1?
Answer: Yes, the level of work in question involves alteration to the structural components of a threshold building “5 story unit condominium” and therefore, the activities listed above fall within the scope of section 110.3.7 of the Florida Building Code, Building.
Project 2
7 story, 19,500sf, 98 unit condominium. Structure is elevated above an
on grade parking area. Building is hollow core panel with cast in place columns
and beams with exterior walkways. Scope of work is to remove wall and
structural topping, reinforce slab and install new fall protection wall at
exterior walkways. Completely remove and replace with conventional concrete 10
Interior hollow core panels.
Question: Do the activities listed above meet the criteria of 2010 Florida
Building Code Chapter 1: Sec 110.3.7.1?
Answer: Yes, the level of work in question involves alteration to the
structural components of a threshold
building “7 story unit condominium” and therefore, the activities listed above
fall within the scope of section 110.3.7 of the Florida Building Code,
Building.
Project 3
4 story, 27,000 sf, 60 unit condominium.
Structure is cast in place concrete. Scope of work is to completely remove
3,240sf of exterior cantilevered balconies and Cast in place new.
Question: Do the activities listed above meet the criteria of 2010
Florida Building Code Chapter 1: Sec110.3.7.1?
Answer: Yes, the level of work in question involves
alteration to the structural components
of a threshold building “4 story unit condominium” and therefore, the
activities list above fall within the scope of section 110.3.7 of the Florida
Building Code, Building.
Project 4
Elevated 25 story, 10,000 sf, 25 unit condominium. Structure is cast in
place concrete. Scope of work is to perform various structural repair to
columns and beams including building support columns.
Question:
Do the activities listed above meet the criteria of 2010 Florida Building Code
Chapter 1: Sec 110.3.7.1?
Answer: Yes, the level of work in question involves repair to the structural
components of a threshold building “25 story unit condominium” and therefore,
the activities listed above fall within the scope of section 110.3.7 of the
Florida Building Code, Building.
Project 5
7 story, 37,500sf, 80 unit condominium.
Structure is cast in place concrete. Scope of work is to support and sever 72
balconies, remove 1ft strip of concrete from each balcony at building plane,
repair structural steel and recast. Remove and replace 80 floor to ceiling
exterior glass wall systems with added cast in place reinforcing columns.
Question: Do the activities listed above meet the
criteria of 2010 Florida Building Code Chapter 1: Sec 110.3.7.1?
Answer: Yes, the level of work in question involves
repair/alteration to the structural components of a threshold building “7 story
unit condominium” and therefore, the activities listed above fall within the
scope of section 110.3.7 of the Florida Building Code, Building.