Issue: DCA09-DEC-259.  The Petitioner seeks a declaratory statement requesting clarification of whether a building permit is required for the attachment of lightweight materials to an existing building for the purpose of advertising or murals.

 

Specifically, “Does the installation of lightweight material (such as vinyl mesh) murals on the exterior of existing buildings require a building permit as might otherwise be required by Section 105.1 of the FBC (2004 and 2007 editions)?

 

Background:

 

(1)        Situation:  The Petitioner is the owner of the property located at 660 N. W. 81st street, Florida.  Petitioner leases the exterior of the building to entities that cover significant portions of certain facades of the building with a lightweight material mural that contains artwork which presents an advertising message.  In addition, Petitioner is considering the acquisition of additional sites in other areas of Florida such as general metropolitan areas of Tampa and Orlando (as well as additional locations in South Florida) to conduct the same business (lease the exterior of the building for advertising murals).

 

(2)        2007 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.

 

 

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.

 

SECTION 3107

SIGNS

 

3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code.

 

 

3202.3 Encroachments 8 feet or more above grade. Encroachments 8 feet (2438 mm) or more above grade shall comply with Sections 3202.3.1 through 3202.3.4.

 

3202.3.1 Awnings, canopies, marquees and signs. Awnings, canopies, marquees and signs shall be constructed so as to support applicable loads as specified in Chapter 16. Awnings, canopies, marquees and signs with less than 15 feet (4572 mm) clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. Stanchions or columns that support awnings, canopies, marquees and signs shall be located not less than 2 feet (610 mm) in from the curb line.

 

201.3 Words not defined.  Words not defined herein shall have the meanings stated in the Florida Building Code, Plumbing, Mechanical and Fuel Gas, or the Florida Fire Prevention Code. Words not defined in the Florida Building Codes shall have the meanings in Webster's Third New International Dictionary of the English Language, Unabridged.

 

            202 DEFINITIONS:

ALTERATION. Any construction or renovation to an existing structure other than repair or addition.  Alterations are classified as Level 1, Level 2 and Level 3.

 

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.  (Emphasis added)

 

            STRUCTURE. That which is built or constructed.  (Emphasis added)

 

REPAIR. The patching, restoration and/or minor replacement of materials, elements, components, equipment and/or fixtures for the purposes of maintaining such materials,

 

STRUCTURAL DETERMINATION. For purposes of this code, "structural" shall mean any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail.

 

 

(3)  Webster's Third New International Dictionary of the English Language, Unabridged

 

APPURTENANCES Pl: accessory objects used in any function: apparatus, gear (emphasis added)

 

Signs: a lettered board or other public display placed on or before a building, room, shop, or office to advertise the business there transacted, or the name of the person or firm conducting it.

Alter:  to cause to become different in some particular characteristic (as measure, dimension, course, arrangement or inclination)  ...to become different in some respect …without resulting difference in essential  nature…

 

(4)        2007 Florida Building Code, Existing Building

 

101.1 Title. These regulations shall be known as the Florida Building Code, Existing Building, hereinafter referred to as "this code." In addition to the provisions of this chapter, the provisions of Chapter 1, Florida Building Code, Building, shall govern the administration and enforcement of this code.

 

 

SECTION 403

ALTERATION—LEVEL 1

 

403.1 Scope. Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose. Level 1 alterations shall not include any removal, replacement or covering of existing materials, elements, equipment or fixtures undertaken for purpose of repair as defined in Chapter 2 and described in Section 402.

 

602.3 Materials and methods. All new work shall comply with materials and methods requirements in Chapter 27 of the Florida Building Code, Building, Florida Building Code, Building, Chapter 13 of the Florida Building Code, Building, Florida Building Code, Mechanical, and Florida Building Code, Plumbing, as applicable, that specify material standards, detail of installation and connection, joints, penetrations and continuity of any element, component or system in the building.

 

Staff Recommendations: Staff provides the following for consideration.

 

Question 1:     Does the installation of lightweight material (such as vinyl mesh) murals on the exterior of existing buildings, where the material does not encroach the public right-of-way, require a building permit as might otherwise be required by under Section 105.1 of the FBC (2004 and 2007 editions)?”

 

Answer:          Yes.  According to Section 403 of the Florida Building Code, Existing Building and Section 3107 of the Florida Building Code, Building the level of work described falls within the scope of the Florida Building Code “regulated by the Code” and for that a building permit would be required.

 

 

Question 2:     If  the answer to question (a) above is in the affirmative, then, on an existing building which had a mural as described in question (a) above installed prior to the original effective date of the Florida Building Code (i.e. the 2001 edition), would the lowering and then rehanging the mural material to the existing fasteners periodically for maintenance purposes (or, for example, during hurricane warning through the passing of the storm periods) constitute a repair or an alteration under FBC Existing Building Volume (2007 edition) (FBC-EB)?

 

Answer/option 1:         As per Section 202, General Definitions” the terms “repair” and “alteration”, of the Florida Building Code, Existing Building, the level of work in question neither  constitute repair or an alteration.  

Answer/ option 2:       The level of work in question is specific to an existing installation which falls outside the scope of the Declaratory Statement process.  The Declaratory Statement process is limited in scope to future projects.

Question 3:     Regarding the scenarios set forth in questions (1) and (2) above, would the vinyl murals described in questions (2) and (3) above be considered “structural elements” for the purpose of FBC –EB?  

 

Answer:           Yes.  The product in question will impose additional dead load (gravity load due to the weight of all materials) which has to be supported by the existing building and transferred to the structural members of the existing building.