Issue: DCA10-DEC-146. The petitioner seeks a declaratory statement requesting clarification of whether it is the intent of the 2007 FBC, Residential to require the same code standards for bungalows/cabins that are not permanent residences? The petitioner states he is in the process of reviewing a wood frame structure on concrete piers tied down with helix auger hurricane anchors that is 1023 sq. ft. The occupancy load of the structure will in most cases will be about 4. The structure has 2 bunk rooms, a living room, a kitchen, and a bathroom. All rooms meet the requirements of FBC Sect. 303. The structure is designed by a Florida Design Professional and meets the wind load requirements.

Additionally, the petitioner states that the electric will be powered by a generator, the heat and cooking is provided by propane gas. There is a well on site.

The petitioner request’ that the Commission issues a Declaratory Statement to answer the following questions:

1. Would these type structures be included in the classification as residential in accordance with FBC 2007 Residential?

2. If they are considered residential, even though they will be used on a part time basis (2 weeks per year), would they still be required to meet all the criteria as set forth in the code?

3. Would the building be defined as living and habitable space i.e. sleeping, eating, and bathing? Heating and sanitation purposes, as set forth in FBC 2007 Residential.

4. If the answer to the above questions is yes, then would it also have to meet all the requirements as set forth in NEC 2008 for residential construction?

Background:

FBC, RESIDENTIAL CODE:

R101.2 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 multiple single-family dwellings (townhouses) not more than three stories above grade in height with a separate means of egress and their accessory structures.

R202 DEFINITIONS:

Building. Building shall mean any one- and two-family dwelling or portion thereof, including townhouses, that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto. (emphasis added)

FBC, BUILDING CODE:

310.1 Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I or when not regulated by the Florida Building Code, Residential in accordance with Section 101.2. (Emphasis added)

102.2 (FBC, Building). Exempted buildings 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:

(a) Building and structures specifically regulated and preempted by the federal government.

(b) Railroads and ancillary facilities associated with the railroad.

(d) Temporary buildings or sheds used exclusively for construction purposes.

(e) Mobile or modular structures used as temporary offices, except that the provisions of Part V (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.

(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission or distribution of electricity.

(g) Temporary sets, assemblies or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises.

(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing or other nonwood features.

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

202 DEFINITIONS:

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Structure. That which is built or constructed.

Staff Recommendations: Staff provides the following for consideration.

Question One: Would these type structures be included in the classification as residential in accordance with FBC 2007 Residential?

Answer: Yes. The structure provides two sleeping (bunk) rooms. See section 310.1. (Emphasis added)

Question Two: If they are considered residential, even though they will be used on a part time basis (2 weeks per year), would they still be required to meet all the criteria as set forth in the code?

Answer: Yes. The applicability of the code is not based on how long a structure is occupied. The only buildings or structures exempt from the code are as provided in section 102.2 of the FBC.

Question Three: Would the building be defined as living and habitable space i.e. sleeping, eating, and bathing. Heating and sanitation purposes, as set forth in FBC 2007 Residential

Answer: Yes.

Question Four: If the answer to the above questions is yes, then would it also have to meet all the requirements as set forth in NEC 2008 for residential construction?

Answer: Yes. The FBC, Residential Code, Chapter 33 references the NFPA 70 (National Electric Code)