Hilton Fort
Lauderdale Beach Resort
505 N. Ft.
Lauderdale Beach Blvd
Fort Lauderdale,
Florida, 33304
Declaratory
Statement Legal Report
1. DS 2013-031 by Broward County
Board of Rules and Appeals
To
Question 1a: By adding these elements (sinks,
electrical outlets, etc.) does that mean that the status of the exemption used
to construct the Chickee without a building permit is null and void?
The
answer is YES, adding the elements (sinks, electrical
outlets, etc.) to the “Chickee” in question would mean that the “Chickee” as a structure is no longer in compliance
with the literal requirements of section 102.2(h) of the 2010 FBC, Building and
therefore would be no longer exempted
from compliance of the FBC.
To
Question 1b: If the answer to question “a” is yes,
does that mean that the Chickee structure must get a building permit and comply
with the current building codes?
The
answer is YES, the “chickee” in question would be
required to demonstrate compliance with the current FBC as applicable.
To
Question 2: Does the fact of whether the utility
services; electric; plumbing; propane or natural gas appliances are attached or
not attached to any part of the structure/Chickee change the interpretation of
Question 1?
The
answer is NO, the definition of the term “chickee”
does not differentiate or provide for allowance to whether the utility
services, (electric, plumbing, propane or natural gas appliances) are attached
or not attached to any part of the structure/chickee.
2.
DS
2013-046 by Sal Delfino of Peterson Aluminum Corp. (Deferred
to the October meeting so that the Petitioner can provide additional
information to further clarify the subject matter of the request)
3. DS 2013-048 by James Stolz
Recommend dismissal without
prejudice due to issues being outside the scope of declaratory statement
processes for both questions 1 and 2.
4. DS 2013-053 by Jared Cejka of
Pella Windows & Doors
QUESTION #1: Since the window has a design pressure that
has been tested and is based on allowable/nominal wind loads, and this product
is being installed in a structure with pressures determined in accordance with
ASCE/SEI 7-10 based on strength design loads; is the correct course of action
to multiply the building’s strength design loads by 0.6 as indicated by
1609.1.5 to allow for appropriate design pressure comparison to the window’s
design pressure?
Answer: “Yes”. According to Section 1609.1.5 of the 2010
Florida Building Code, Building, design pressure determined using ASCE 7 – 10
is permitted to be multiplied by .6 for the purpose of comparing the design
pressure for the product in question to that of the building.
QUESTION #2: Is the intent of table R301.2(2) meant to be
interpreted as listing strength based design pressures based on ultimate wind
speeds, thus requiring a conversion using the 0.6 multiplier as indicated in
sections R612.5 and R301.2.1.7 to allow for a proper comparison to the
allowable pressures that the window has been tested to?
Answer: “Yes”. According to both R301.2.1.7 and R612.5 of
the 2010 Florida Building Code, Residential, the design pressure determined
from Table R301.2(2) is permitted to be multiplied by .6 for the purpose of
comparing the design pressure for the product in question to that of the
building.