DEC REQUEST DS-2012-044 STAFF ANALYSIS

ISSUE: DS-2012-044. Petitioner seeks a Declaratory Statement on ventilation requirements for Level 2 Alterations of the 2010 Florida Building Code, Existing Building

Petitioner in DS-2012-044 seeks clarification of the following questions:

Question 1: Is it the intent of the 2010Florida Building Code – Existing Building, Section 709.1 to require all Level 2 Alterations to conform with the current Code requirements with respect to ventilation?

Situation:

Alfonso Fernandez-Fraga, P.E. representing Initial Engineers, P.A., seeks clarification of code regarding ventilation requirements for Level 2 Alterations as indicated in the 2010 Florida Building Code – Existing Building

According to the Petitioner, the project in question is a future project that will fall within the technical scope of Level 2 renovation of the 2010 FBC, Existing Building. The proposed project is office occupancy where most of the interior partitions will be rearranged. Therefore, there is no occupancy change, but the renovation is clearly much more than repair. The building is, of course, existing, and was built in the mid-1980. At the time it was constructed, the industry standard ventilation rates that were used were on the order of 7.5 CFM per person. Today’s codes are more complicated in the methodology used to arrive at required ventilation rates, but for most part, today’s required ventilation rates are significantly greater than 7.5 CFM per person.

The Petitioner has indicated that he believes two (2) unintended consequences exist that are a result of the current Code verbiage of Section 709.1:

1. Based on the size of the existing building and the type of mechanical system in place, an analysis of the entire building may be required in order to determine whether or not the portion of the building being altered (the work area) is in compliance with the Florida Building Code, Mechanical.
2. Based on the type and configuration of the mechanical system in place, it may be necessary to bring the entire building into compliance to meet the ventilation requirements of the code. Such ventilation enhancements may require a corresponding cooling capacity enhancement for the entire building.

In summary, the Petitioner is indicating that the requirements of Existing Building Section 709.1 may lead to incidental work required that may substantially impact the original scope of work, and may extend beyond the defined work area of the project.

Applicable Codes:

• Florida Building Code, Existing Building, Section 709.1
• Florida Building Code – Existing Building Section 101.5 Compliance methods.
• Florida Building Code, Mechanical – Section 402 –Natural Ventilation
• Florida Building Code, Mechanical Section 403 –Mechanical Ventilation, Table 403.3 – Minimum Ventilation Rates
• Florida Administrative Code (F.A.C.): Rule 553.775- Interpretations

Background:

Florida Building Code – Existing Building Section 709.1 Reconfigured or converted spaces. All reconfigured spaces intended for occupancy and all spaces converted to habitable or occupiable space in any work area shall be provided with natural or mechanical ventilation or exhaust in accordance with the Florida Building Code, Mechanical

Florida Building Code – Existing Building Section 101.5 Compliance methods.

The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall

comply with one of the methods listed in Sections 101.5.1 through 101.5.3 as selected by the applicant. Application of a method shall be the sole basis for assessing the compliance of

work performed under a single permit unless otherwise approved by the code official. Sections 101.5.1 through 101.5.3 shall not be applied in combination with each other.

Exception: Subject to the approval of the code official, alterations complying with the laws in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the provisions of this code unless the building is undergoing more than a limited structural alteration as defined in Section 807.4.3. New structural members added as part of the alteration shall comply with the Florida Building Code, Building. Alterations of existing buildings in flood hazard areas shall comply with Section 601.3.

Staff Recommendations: Based on the above facts and circumstances as provided in the petition, staff provides the following recommendations as answers to proponent’s questions:

Question 1:

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.