First Hearing – August 11, 2009 – Legal Report
DCA09-DEC-129 by Rodger
DCA09-DEC-253 by C.S. Breslauer of Bermuda Roof Co, Inc.
Note: Dec. 253 is an amendment to Dec. 129.
Question #1: Can we use SSTD-11-99 testing results for hips and ridges as a basis for obtaining approval for the use of the mortar adhesive system in the HVHZ?
Answer: No. The product in question falls outside the scope of Rule 9B-72 with regard to hip and ridge as applied to the HVHZ.
Question #2: Should a hip and ridge system with demonstrated performance that is equal or superior to the current system in use in the HVHZ be allowed?
Answer: Yes. Subject to approval of the local authority have jurisdiction.
Question #3: Should the Commission issue a declarative statement supporting the use of a new technology such as the mortar adhesive hip and ridge tile system in all areas of the state based on the fact that it exceeds the state minimum Building Code requirements?
Answer: No. The Commission has no authority to approve alternative to a prescriptive requirement of the Code.
DCA09-DEC-214 by Thomas E. Smith of General Home Development Corporation of Pinellas (the request is outside the scope of the scope of the Dec. statement process and is recommended for dismissal. The subject of the Dec. is a request for waiving the code requirements for fire sprinkler installation in group R occupancies).
DCA09-DEC-254 by Mike Harris of Sea Shutters Inc.
Question #: Can a non-porous impact protective system in Wind Zone 1, 2 or 3 which is not on an essential facility and was tested independently of fenestration assembly be installed in a manner which would allow glazing contact resulting in breakage?
Answer: Yes. In accordance with the “Conclusions of Law” of DCA08-DEC-002 (see Item 2 above) and based on current standards, the intent of the Code is to prevent internal pressurization, and breakage is permissible.
Question #2: Can a non-porous impact protective system in Wind Zone 1, 2 or 3 which are not on an essential facility and were tested independently of fenestration assembly be installed over an opening or window regardless of its design pressure rating?
Answer: Application/ installation of a non-porous impact protective system must be in accordance with the limitations of use of the product as demonstrated using the applicable testing standard referenced in the FBC.
Question #3: Can a porous impact protective system in any Wind Zone and was tested independently of the fenestration assembly be installed in a manner which would allow glazing contact resulting in breakage?
Answer: No. Glazing breakage not allowed.
Question #4: Can a porous impact protective system in any Wind Zone and was tested independently of the fenestration assemble be installed over opening of window regardless of its design pressure rating?
Answer: Application/installation of a porous impact protective system must be in accordance with the limitations of use of the product as demonstrated using the applicable testing standard referenced in the FBC.
DCA09-DEC-259 by Robert S. Fine Counsel for
Question: Does the installation of
lightweight material (such as vinyl mesh) murals on the exterior of existing
buildings require a building permit as might otherwise be required by Section
105.1 of the FBC (2004 and 2007 editions)?”
Answer: Yes. According to Section 403 of the Florida
Building Code,
Note: Petitioner requested that the petition be referred back to the TAC so that more info. can be provided to clarify specific applications for the project in question and to allow the Petitioner the opportunity to attend the TAC meeting.
DCA09-DEC-260 by Joseph Scofield of Advanced Manufacturing & Power System, Inc.
Question One: Is a generator enclosure a building as defined in the Florida
Building Code, whether or not it is intended to be occupied?
Answer: Yes, according to the definition of the term “Building” (see Section
202 above), any structure used for sheltering any use is considered a
“building”.
Question Two: Does the structure fall within the purview of the Florida Building
Code?
Answer: Yes, section 101.2 of the Florida Building Code states in part, that
it is applicable to the construction of every building or structure.
DCA09-DEC- 257 by Mitch Thomas
Question One: Does the Florida
Building Code pertain to the installation of low voltage electrical systems
(phone/ data/ security/ Closed Circuit TV/ fire/ security alarm systems/ page
& music-speaker systems / fiber optics)?
Answer: Yes, section 101.4.1 of the
Florida Building Code references chapter 27 of the FBC. Chapter 27 establishes NFPA-70 (the NEC) as
the applicable code. Additionally, the NEC contains requirements for such
electrical wiring installations.
Question Two: Is a permit required
for installation of low voltage electrical systems (phone/ data/ security/
Closed Circuit TV/ fire/ security alarm systems/ page & music-speaker
systems / fiber optics)?
Answer: Yes, section 105.1 of the Florida Building Code mandates in part, that a permit be obtained prior to the commencement of any electrical installation which is regulated by the code, unless the authority having jurisdiction has promulgated rules granting certain exemptions form the code for single family dwellings in accordance with section 102.2.5 of the FBC, Building
DCA09-DEC-263 by Steven Clisset of Windstrips LLC
Question: Does the Windstrips product fall under the
scope of Rule 9B-72 under the category “roofing” and subcategory “products
introduced as a result of new technology”?
Answer: No. The porduct in question falls out side the scope of Rule 9B-72. However, as per Section 104.2.8, approval of this product is within the scope of local authority having jurisdication
Section 553.73(10)(d), F.S., Review of FBC/FFPC
Local Interpretation Conflict-
Requested by Bill R. Moore of Waldrop Group
Regarding
Question #1: Can the local authority having jurisdiction
waive code safety requirements that are specifically provided by Code? FFPC
NFPA 101 4.6.1 thru 4.6.1.3.
Answer: No. The authority having jurisdiction can not
waive the code requirements.
Question #2: From
a review of Exhibit A, does the single stair (means of egress) with two exit
doors comply with code section FFPC NFPA 101 38.2.4.1?
Question: No.