Issue: DS-2015-048 Petitioner Clinton T. Arsenault, Representing Monroe County Building Department seeks a Declaratory Statement on 2010 Florida Building Code Residential, Chapter 3 Sec. R 321.

Petitioner seeks clarification of the following questions:

1) Due to the fact 2010 FBC Residential Sec R321 specifically references only Elevators and lifts intended to carry people (passenger elevators, limited use/limited application elevators, private residence elevators, and platform lifts.) Is it the intent of the code to regulate ONLY the installation of Elevator and Platform lifts intended to carry people?

Background:

Due to Floodplain Management Regulations, there are many Single Family Residences elevated on columns which are locally referred to as "stilt homes". According to the Petitioner, some residents of these elevated structures have applied for permits to install mechanical devices referred to as "cargo lifts ". In the petitioner’s opinion, these devices meet the definition of an Elevator in the FBC Building, ASME A 17.1, and ASME A 18.1. These "Cargo Lifts" are marketed by local vendors as an inexpensive alternative to a Residential Elevator for a stilt home. They are attached to the outside of the home usually servicing elevated decks one or two stories above grade. The manufacturer's make no claim as to full compliance with any standard or approval by any outside agency. The petitioner is seeking clarification on the 2010 FBC Residential Section R321.

Situation(s):

There are a number of submittals for "Cargo Lifts" to be installed at Single Family Residences pending in the Upper Keys. The installations are proposed by Licensed General Contractors. Attached are two examples of what is typical. One is the installation of a manufactured product from out of state and the other is both fabrication and installation by a local vendor.

The product from the out of state contractor is the Beach Butler. (Manufactured by Unifab of Snow Hill, NC). See Beach Butler Site Plan and Attachment Details with associated files from manufacturer (attached). This installation is proposed for a "stand alone" SFR on columns with the living area situated one story above grade as noted on the site plan. This lift would have two stops, one at grade and one at the level of the upper deck. It features an open hoist way. The existing guardrail at the upper level would be cut and a gate installed as noted in comments 18 and 19 Sheet S-l. The design claims compliance with no recognized standard concerning safety provisions.

The second example is that of a Lift to be fabricated locally. It is also proposed to be installed on a "stand alone" SFR on columns with the living area one story above grade with two stops. This design by Neptune Boat Lifts and certified by Engineering Express has the flexibility of incorporating as many as four stops, conceivably getting "cargo" to a roof top deck of a stilt home 3 stories above grade. Guardrails are not addressed and it also features an open hoist way. As noted in disclaimers throughout the plan, safety provisions are by "others" and this lift is "not for pedestrians ". The submitted plan states: "Structural Certification is limited to the design of structural elements in accordance with the FBC". The design claims compliance with no recognized standard concerning safety provisions.

It should be noted in both instances the devices are referred to as "Cargo Lifts II for non-living cargo despite being produced by different manufacturers. The term "Cargo Lift" is not is not used in one of the many classifications of Elevator types in A 17.1 but the device itself has the characteristics of a material lift, a dumbwaiter, and a residential elevator. Once the device is installed, it can be used as all three.

2010 Florida Building Code, Residential

Section R321 Elevators and Platform Lifts

R321.1 Elevators. Where provided, passenger elevators, limited- use/limited-application elevators or private residence elevators shall comply with ASME A17.1.

R321.2 Platform lifts. Where provided, platform lifts shall comply with ASME A18.1.

R201.3 Terms defined in other codes.

Where terms are not defined in this code such terms shall have meanings ascribed to them as in other code publications of the Florida Building Commission.

R101.2 Scope.

The provisions of the Florida Building Code, Residential shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

Exceptions:

1. Live/work units complying with the requirements of Section 438 of the Florida Building Code, Building shall be permitted to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section 438.5 of the Florida Building Code, Building when constructed under the Florida Building Code, Residential shall conform to Section 903.3.1.3 of the Florida Building Code, Building.

2. Existing buildings undergoing repair, alteration or additions, and change of occupancy shall comply with the Florida Building Code, Existing Building.

R101.2.1

The provisions of Chapter 1, Florida Building Code, Building, shall govern the administration and enforcement of the Florida Building Code, Residential.

ACCESSORY STRUCTURE. A structure not greater than 3,000 square feet (279 m2) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot.

2010 Florida Building Code, Residential

R301.1.3 Engineered design.

When a building of otherwise conventional construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practice. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the Florida Building Code, Building is permitted for all buildings and structures, and parts thereof, included in the scope of this code.

Florida Building Code, Building

101.2 Scope.

The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exceptions:

1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential.

2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Chapter 34 of this code.

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:

102.4 Referenced codes and standards.

The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

104.11 Alternative materials, design and methods of construction and equipment.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative.

104.11.2 Tests.

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

Section 3001.6

Elevator. One of the following mechanical devices:

(a)A hoisting and lowering mechanism, equipped with a car and platform that moves in guide rails and serves two or more landings to transport material or passengers or both.

(c) A dumbwaiter, which is a hoisting and lowering mechanism equipped with a car of limited size which moves in guide rails and serves two or more landings.

ASME A18.1-2008 Safety Standard for Platform Lifts and Stairway Chairlifts

1.1 Scope

1.1.1 Equipment Covered by this Standard. This safety standard covers the design, construction, instillation, operation, inspection, testing, maintenance, and repair of inclined stairway chairlifts and inclined and vertical platform lifts intended for transportation of a mobility impaired person only. The device shall have a limited vertical travel, operating speed, and platform area. Operation shall be under continuous control of he user/attendant. The device shall not penetrate more than one floor. A full passenger enclosure on the plat form shall be prohibited.

ASME A17.1-007/CSA B44-07 Safety Code for Elevator and Escalators

Includes Requirements for Elevators, Escalators, Dumbwaiters, Moving Walks, Material Lifts, and Dumbwaiters with Automatic Transfer Devices

Elevator, limited-use/limited-application: a power passenger elevator that is limited in size, capacity, rise, and speed, and installed in a private residence or in multiple dwelling as a mean of access to a private residence.

Private Residence Elevators: applies to elevators installed in or at a private residence…provided the elevators are so installed that they are not accessible to the general public or to other occupant in the building.

Dumbwaiters: used exclusively for carrying materials…

Material lift: a hoisting and lowering mechanism normally classified as an elevator, equipped with a car that moves within a guide system installed at an angle of greater than 70 degrees from the horizontal, serving two or more landing, for the purpose of transporting materials that are manually or automatically loaded and unloaded.

Staff Analysis:

Question:

Due to the fact 2010 FBC Residential Sec. R321 specifically references only Elevators and lifts intended to carry people {passenger elevators, limited use/limited application elevators, private residence elevators, and platform lifts.} Is it the intent of the code to regulate ONLY the installation of Elevator and Platform lifts intended to carry people?

Answer/Petitioner:

Petitioner respectfully believes the answer to the question outlined above is “No”. If the answer is "YES" then by default installing an ELEVATOR {see definitions} under a pseudonym and placing a sign on the car stating "no live cargo" would in effect exempt the installer/manufacturer from providing any of the safety features required by ASME A17.1 or A 18.1. Further, the potential for a fall from an unprotected stop, a crushing or pinch point injury, remains the same regardless of what the cargo is. The referenced device meets the definition of an elevator in both the code and referenced standard. ASME A17.1, {the referenced standard} offers many classifications of elevators with varying degrees of sophistication, intended uses, and safety provisions. This device should meet the standard of the classification which it most closely resembles. Section 553.775{1}, Florida Statutes {2011}, states: lilt is the intent of the Legislature that the Florida Building Code be interpreted by building officials, local enforcement agencies, and the commission in a manner that protects the public safety, health and welfare at the most reasonable cost to the consumer by ensuring uniform interpretations throughout the state and by providing processes for resolving disputes regarding interpretations of the Florida Building Code which are just and expeditious", adherence to the referenced standard for all Elevators is the means by which the intent of the legislature will be carried out.

Answer Option 1: No, The device in question meets the definition of an elevator in both the Florida Building Code, Building and referenced standard ASME A17.1. ASME A17.1 offers many classifications of elevators with varying degrees of sophistication, intended uses, and safety provisions. This device must meet the standard of the classification, which it most closely resembles as provided by ASME A17.1.

Answer Option 2: Yes, the device in question falls outside the scope of section R321 of the Florida Building Code, Residential and therefore, it is exempted from meeting the safety features as required by ASME A17.1.