Florida Building Commission

August 6-7, 2012

Embassy Suites at USF

3705 Spectrum Blvd

Tampa, FL 33612

Legal Report

First Hearings:

(1)   DS 2012-021 by Joe Belcher

Question 1.

On a seconded motion from Cochell, the TAC found unanimously that the answer to the question, Regarding replacement fenestration, are replacement of windows or doors required to meet the provisions of FBC-EC at Section 402.3.6 where the windows or doors replaced within a twelve month period do not meet the code definition of renovation?, the answer is NO, not unless the cost of the job (calculated over a year period) exceeds 30 percent of the assessed value of the structure.  Reaffirmed unanimously by the TAC.

Question 2.

On a seconded motion from Cochell, the TAC found unanimously that the answer to the question Regarding replacement fenestration, are replacement of windows or doors required to meet the provisions of the FBC-EC at Section 402.3.6 where the windows or doors replaced within a twelve month period do not meet the statutory definition of renovation?, the answer is NO, not unless the cost of the job (calculated over a year period) exceeds 30 percent of the assessed value of the structure. The definition in Florida Statutes has been appropriately clarified by the code.  Reaffirmed unanimously by the TAC.

Question 3.

On a seconded motion from Cochell, the TAC found unanimously that the answer to the question, Is Note d to Table 101.4.1 intended to codify Chapter 553.902 [and 553.903] Florida Statutes?, the answer is YES, when Florida law was superimposed upon the language in the base document (the International Energy Conservation Code), the renovations clause was included under Section 101.4 of the Florida Building Code, Energy Conservation, Applicability, as footnote d to Table 101.4.1.  Reaffirmed unanimously by the TAC.

Question 4.  

On a seconded motion from Geyslaers, the TAC found unanimously that the answer to the question, Regarding the conflict between Sections 101.4.1 and 402.3.6, does 101.4.1 prevail since it reflects statutory requirements?, the answer is YES, the criteria of Section 101.4, including footnote “d” to Table 101.4.1, take precedence to the requirements of Section 402.3.6 because they determine applicability of the code to existing buildings as determined by Florida law. Reaffirmed unanimously by the TAC.

Supplemental Question: 

On a seconded motion from Wojcieszak, the TAC found unanimously that the answer to the question, since the project does not exceed 30 percent of the assessed value of the residential dwelling in accordance with Section 101.4.1and Table101.4.1 Note d, does Florida Building Code-Energy Conservation Section 402.3.6 apply to the project? The answer is NO, not unless the cost of the job (calculated over a year period) exceeds 30 percent of the assessed value of the structure.

 

(2)  DS 2012-042 by Rick’s A/C, Inc.

The Commission voted at the June meeting in favor of deferring DS2012-042 pending resubmittal of additional information by the Petitioner necessary to establish a clear set of facts and circumstances for the issue in question.  However, to date the petitioner has not provided the additional information.  Therefore, staff recommends that this request be dismissed. 

(3)  DS 2012-044 by Alfonso Fernandez-Fraga, P.E., Initial Engineers

Question:  To the question” Is it the intent of the 2010 Florida Building Code – Existing Building, Section 709.1 to require all Level 2 Alterations to conform with the current Code requirements with respect to ventilation? ”, the answer is yes. According to Section 709.1 of the FBC, Existing Building, all reconfigured spaces of the project in question that are intended for occupancy must be provided with natural or mechanical ventilation or exhaust in accordance with the 2010 Florida Building Code, Mechanical, unless otherwise approved by the code official pursuant to Section 101.5.1 of the Florida Building Code, Existing Building, that it is a limited structural alteration as defined in Section 807.4.3. 

(4)  DS 2012-051 by Larry M. Schneider, AIA

Staff recommends that the Commission dismiss this request due to the fact that the request is outside the scope of the Declaratory Statement process.  The project in question is already constructed and the petitioner is seeking to overrule the building official.

 

(5)  DS 2012-052 by Baltimore Aircoil Company

Question 1: To the question, Does the Florida Statute 553.844(4) exempt exposed mechanical equipment, including the cooling tower structural system, from design for wind loads in accordance with the Florida Building Code?, the answer is yes, if mechanical equipment is fastened to a roof or installed on the ground in compliance with the code using rated stands, platforms, curbs, slabs, or other means it is deemed to comply with the wind resistance requirements of the 2007 Florida Building Code, as amended.

               

Question 2: To the question, Does Senate Bill 704 (Building Construction and Inspection), which was signed by Governor Rick Scott, extend the expiration of FS 553.844 until 2013?, the answer is yes, HB 704 provides for extending the expiration of an exemption from the wind resistance requirements of the Florida Building Code that are specific to enclosure of exposed mechanical equipment or appliances until the effective date of the 2013 Florida Building Code.