Staff Analysis for

Declaratory Statement Request DS 2013-089 – REVISION III

July 15, 2014

Issue: DS-2013-089. The Petitioner, Timothy Krebs, seeks a Declaratory Statement on Florida

Building Code-Building 101.2, Exceptions 1 & 2, Florida Building Code- Residential, R10l.2

and Florida Building Code- Existing Building 101.5, Administration.

Petitioner in DS 2013-089 seeks clarification of the following question:

Is the applicant for a single family residence remodeling/addition, not undergoing a change of occupancy, complying with FBC-Residential required to demonstrate compliance with an FBC-Existing Building compliance method selected by the Building Official?

Situation:

Timothy Krebs, representing Architect T.A Krebs, LLC, seeks clarification of code requirements

regarding applicability of the 2010 FBC-Existing Building to residential remodeling / addition projects. The project in question is an addition/remodeling to a single family residence at 1208 Casey Key, Sarasota, Florida, complying with the 2010 FBC/Residential, not undergoing a change of occupancy. The petitioner has also included a copy of an opinion on this issue from the International Code Council dated October 15, 2013.

Applicable Codes:

2010 Florida Building Code, Residential

2010 Florida Building Code, Existing Building

2010 Florida Building Code, Building

General notes/history:

Florida laws - Chapter 2002-293

Section 2.

(1) The Legislature directs the Florida Building Commission to develop building code provisions that may be added to the Florida Building Code to facilitate the rehabilitation and use of existing structures. The Commission shall select from available national or international model codes or code previsions adopted by another state to form the foundation for the code provisions required by this section.

(2) The commission shall seek consensus with fire safety professionals, advocates for persons with disabilities, representatives of construction industry, land-use planners, building officials, and others identified by the commission as having an interest in building code provisions. The Commission may modify the selected model codes and standards as needed to accommodate the specific needs of this state.

(3) In conjunction with its code development activities, the Commission shall identify legislative changes required to implement the code provisions developed pursuant to subsection (1) and (2).

(4) The Commission shall report the activities undertaken in response to the requirements of this section to the legislature on or before January 1, 2003, as a part of the annual report required by s. 553.77(1)(b), Florida Statutes. Recommended code provisions and the legislative changes required for implementation shall be attached as appendices to the annual report.

Annual report 2003

The Commission reported to the 2003 legislature its development of requirements for rehabilitation of existing buildings and recommended authorization for expediting their adoption into the Code to take effect in 2003. Chapter 34 of the Code 2004 edition, which is scheduled to take effect January 1, 2005, will be revised to include the new standards developed by the Commission.

Edition/scope of the code edition “December 10, 2002” included in the evaluation report:

Florida Code for Existing Buildings

101.2 Scope.

The provisions of the Florida Building Code, Existing Building shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings…

Relevant Code Sections

2010 Florida Building Code, Residential

SECTION R101 GENERAL

R101.1 Title. These provisions shall be known as the Florida Building Code, Residential and shall be cited as such and will be referred to herein as “this code.”

R101.2 Scope. 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 townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

Exceptions:

1. Live/work units complying with the requirements of Section 438 of the Florida Building

Code, Building shall be permitted to be built as one- and two-family dwellings or townhouses.

Fire suppression required by Section 438.5 of the Florida Building Code, Building when

constructed under the Florida Building Code, Residential shall conform to Section 903.3.1.3 of

the Florida Building Code, Building.

2. Existing buildings undergoing repair, alteration or additions, and change of occupancy shall

comply with the Florida Building Code, Existing Building.

R101.2.1 The provisions of Chapter 1, Florida Building Code, Building, shall govern the administration and enforcement of the Florida Building Code, Residential.

R101.3 Intent. Reserved.

2010 Florida Building Code, Building

101.2 Scope.

The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exceptions:

1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential.

2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Chapter 34 of this code.

Chapter 34 EXISTING BUILDINGS AND STRUCTURES

3401.1 Scope.

Alteration, repair, addition, relocation and change of occupancy of existing structures and buildings shall comply with the provisions of the Florida Building Code, Existing Building.

2010 Florida Building Code, Existing Building

CHAPTER 1 SCOPE AND ADMINISTRATION

101.2 Scope.

The provisions of the Florida Building Code, Existing Building shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings.

Exception: For the purpose of public educational facilities and state licensed facilities, see Chapter 4, Special Occupancy, of the Florida Building Code, Building.

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.

101.5.1 Prescriptive compliance method.

Repairs, alterations, additions and changes of occupancy complying with Chapter 3 of this code in buildings complying with the Florida Fire Prevention Code shall be considered in compliance with the provisions of this code.

101.5.2 Work area compliance method.

Repairs, alterations, additions, changes in occupancy and relocated buildings complying with the applicable requirements of Chapters 4 through 12 of this code shall be considered in compliance with the provisions of this code.

101.5.3 Performance compliance method.

Repairs, alterations, additions, changes in occupancy and relocated buildings complying with Chapter 13 of this code shall be considered in compliance with the provisions of this code.

CHAPTER 3 PRESCRIPTIVE COMPLIANCE METHOD

301.1.1 Compliance with other methods.

Alterations, repairs, additions and changes of occupancy to existing structures shall comply with the provisions of this chapter or with one of the methods provided in Section 101.5.

SECTION 302 ADDITIONS

302.1 General.

Additions to any building or structure shall comply with the requirements of the Florida Building Code, Building for new construction. Alterations to the existing building or structure shall be made to ensure that the existing building or structure together with the addition are no less conforming with the provisions of Florida Building Code, Building than the existing building or structure was prior to the addition. An existing building together with its additions shall comply with the height and area provisions of Chapter 5 of the Florida Building Code, Building.

SECTION 303 ALTERATIONS

303.1 General.

Except as provided by Section 301.2 or this section, alterations to any building or structure shall comply with the requirements of the Florida Building Code, Building for new construction. Alterations shall be such that the existing building or structure is no less conforming with the provisions of the Florida Building Code, Building than the existing building or structure was prior to the alteration.

Staff analysis:

Question: Is the applicant for a single family residence remodeling/addition, not undergoing a change of occupancy, complying with FBC-Residential required to demonstrate compliance with an FBC-Existing Building compliance method selected by the Building Official?

Answer: With the understanding that as per Section 101.5 of the Florida Building Code (FBC), Existing Building, selection of the appropriate method of compliance for the project in question is subject to the discretion of the applicant and not the building official; the answer to the question is “No”. As per Sections 302.1 and 303.1 of the 2010 Florida Building Code, Existing Building, compliance of the project in question with the 2010 FBC-Residential is an acceptable alternative for demonstrating compliance with the 2010 FBC, Existing Building.