Florida Building Commission

October 14, 2014

Legal Report

The Plaza Historic Beach Resort and Spa

600 North Atlantic Boulevard

Daytona Beach

Florida

SPECIAL OCCUPANCY TAC and STRUCTURAL TAC

Both the Special Occupancy and Structural TACs took up this request for declaratory statement resulting in slightly different recommendations.

Special Occupancy TAC

DS2014-097 by David Karins, Karins Engineering Group, Inc.

Question 1: Does 3109.1.1 apply to the work described in the above petition information? The work is not substantial improvement of or addition to existing structures and was legally designed and constructed prior to the establishment of the CCL.

Answer/Option 2: No, historically, DEP/DNR have permitted several projects with similar circumstances to that of the project in question without requiring conformance with the elevation and design requirements of the “Coastal Construction Control Line” provisions as depicted in Section 3109.4 of the 2010 Florida Building Code, Building.

Question 2: Does 3109.1.1 Exception require (contrary to the regulatory scheme within the jurisdiction of the DEP) that the subject existing buildings constructed before the establishment of the CCCL requirements be brought into conformance with FBC 3109.4 Construction Standards, if repair work is performed at above-grade foundation components comprised of replacing hurricane straps, repairing cracks, repairing spalls or densifying concrete or masonry, assuming such repair work has no measurable interference with the coastal system and such work does not constitute “rebuilding” and is less than “substantial”?

Answer/Option 2: No, historically, DEP/DNR had permitted several projects with similar circumstances to that of the project in question without requiring conformance with the elevation and design requirements of the “Coastal Construction Control Line” provisions as depicted in Section 3109.4 of the 2010 Florida Building Code, Building.

Structural TAC

DS-2014-097 by David Karins, Karins Engineering Group, Inc

Question 1: Does [FBC-Building] 3109.1.1 apply to the work described in the above petition information? The work is not substantial improvement of or additions to existing habitable structures and was legally designed and constructed prior to the establishment of the CCCL.

Answer: No, historically, DEP/DNR had permitted several projects with similar circumstances to that of the project in question without requiring conformance with the elevation and design requirements of the “Coastal Construction Control Line” provisions as depicted in Section 3109.4 of the 2010 Florida Building Code, Building. Moreover, the exception in 3109.4.1 applies to this project.

Question 2: Does 3109.1.1 Exception require (contrary to the regulatory scheme within the jurisdiction of the DEP) that the subject existing buildings constructed before the establishment of the CCCL requirements be brought into conformance with FBC 3109.4 Construction Standards, if repair work is performed at above-grade foundation components comprised of replacing hurricane straps, repairing cracks, repairing spalls or densifying concrete or masonry, assuming such repair work has no measurable interference with the coastal system and such work does not constitute "rebuilding" and is less than "substantial"?

SPECIAL OCCUPANCY TAC and STRUCTURAL TAC

Both the Special Occupancy and Structural TACs took up this request for declaratory statement resulting in the same recommendation.

DS 2014-116 by Robert S. Fine, Esq., of Greenburg, Traurig, P.A.

Question: Is the Building Official of the City of Miami Beach authorized by the applicable statutes, rules and law, to utilize and apply the Hollywood Dec. Statement to the Shore Club and its proposed development project if, in his (the Building Official’s) opinion, the relevant, underlying, material facts of the Hollywood Dec Statement are consistent with the corresponding material facts of the Shore Club’s proposed project and he otherwise feel the application would be appropriate?

Answer: Yes. If the Building Official determines that the underlying material facts and conditions in the Declaratory Statement DCA07-DEC-179 are consistent with the corresponding material facts and conditions in the Shore Club’s project, he may apply the holding of Declaratory Statement DCA07-DEC-179 to the Project.

STRUCTURAL TAC and PRODUCT APPROVAL TAC

Both the Structural and Product Approval TACs took up this request for declaratory statement, which resulted in the same recommendation.

DS 2014-115 by Carolina Drake Albano of Nichiha USA, Inc.

Question: 1) Should the rules governing the installation of fiber cement lap siding be revised or expanded in Florida Building Code sections R703.4 and R703.10.2, particularly with respect to fastening requirements, in order to provide to Florida consumers, installers, and code officials a unified standard of installation, accounting directly for specific design wind engineering criteria to govern limitations, that elevates public safety while reducing uncertainty and unnecessary risk from storm damage?

Answer: Answer is not possible. The Declaratory Statement has no particular facts and circumstances therefore it calls for a statement of general applicability. The TAC unanimously agreed with the Staff Analysis and dismissed the Declaratory Statement.