STATE OF FLORIDA

BUILDING COMMISSION

 

In the Matter of

 

CITY OF TAMPA, CONSTRUCTION                      Case #: DCA09-DEC-138

SERVICES DIVISION,

 

            Petitioner.

 

_________________________/

 

 

DECLARATORY STATEMENT

 

The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Nick D’Andrea, Jr., of the City of Tampa, Construction Services Division, which was received on May 6, 2009.  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.

2.  The Petitioner is an agency of the City of Tampa and enforces the Florida Building Code therein. 

3.  The Petitioner has received a permit application for renovation of a space on the second floor of an existing building not within a school or academic program.  The building is business occupancy, is fully sprinklered and includes a monitored alarm system.  The proposed renovation includes an area of approximately 6800 square feet and includes training and skill development rooms ranging in size between 800 and 1050 square feet.  The rooms are to be used for training purposes and have an occupant load of less than 50 people.

4.  The Petitioner inquires whether the Code requires training/skill development rooms located within a single tenant building with a business occupancy to be classified as Assembly Group A or Business Group B and, if the training rooms are greater than 750 square feet, is occupancy separation required as indicated in section 508.3 and Table 508.3.3 of the Florida Building Code, Building Volume?

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.  Section 301.1, Florida Building Code, Building Volume (2007), describes Assembly Group A occupancy as:

the use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation.


This occupancy specifically includes lecture halls, exhibition halls and community halls.  Certain exceptions to the classification are provided based on size of the room or the occupant load thereof.

3.  Section 304.1, Florida Building Code, Building Volume (2007), however, specifically identifies areas for training and skill development that are not within a school or academic program as included within Business Group B occupancy.

            4.  Section 102.1, Florida Building Code, Building Volume, provides that:

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

 

            5.  Although the general provisions relating to assembly occupancies might be interpreted to apply to the areas in question, the specific provisions cited in paragraph 3 mandate that the areas be classified as a Business Group B occupancy.

            6.  In accordance with the foregoing and based on the facts presented and accepted as true for the purposes hereof, the Commission concludes that the training and skill development areas of the subject building are properly classified as Business Group B Occupancy.

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 with Fla. R. App. 9.030(b)(1)(C) and 9.110(a).  To initiate an appeal, a Notice of Appeal must be filed with Paula P. Ford, Clerk of the Commission, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, and with the appropriate District Court of Appeal no later than thirty days after this Order is filed with the Clerk of the Commission.  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 ______ of _____________, 2008, in Coral Gables, Miami-Dade County, State of Florida.

 

                                                                                    ______________________________

                                                                                    Raul L. Rodriguez, AIA, Chair

                                                                                    Florida Building Commission

                                                                                    Department of Community Affairs

                                                                                    Sadowski Building

                                                                                    2555 Shumard Oak Blvd.

                                                                                    Tallahassee, FL 32399-2100

 

 

CERTIFICATE OF SERVICE

 

            I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2008.

 

                                                                                    ______________________________

                                                                                    PAULA P. FORD

                                                                                    Commission Clerk

 

Via U.S. Mail                                                             Via Hand Delivery

 

Nick D’Andrea, Jr.,                                                      Mo Madani, C.B.O. Manager

Construction Operations Manager                                 Codes and Standards Section

City of Tampa                                                              Department of Community Affairs

1400 North Boulevard                                                  2555 Shumard Oak Blvd.

Tampa, Florida 33607                                                  Tallahassee, FL 32399-2100