DS2015-106 – STAFF ANALASYS

ISSUE: DS2015-106: Petitioner, Pipelining Technologies, Inc., Represented by Michael Wilson, President-Qualifier, 1616 North Florida Mango Road, C-11, West Palm Beach, Florida 33409

Petitioner seeks clarification of the following question(s):

Question: Is a building/plumbing permit mandatory as per 105.2 Permits, for installing Cured In Place Pipe (CIPP) in drainage systems within the walls and under the slabs of existing buildings for the purpose of rehabilitation? (SEE THE ATTACHED - DBPR complaint and Case Summary Sheet for Case # -2014018148). And if so, is the material to be installed and inspected according to the manufacturer’s published Installation Instructions, as per Florida Building Code – Existing Building 509.1 Materials and Florida Building Code – Plumbing 303.2 Installation of Materials?

Background:

Pipeline Technologies, Inc., (PTI), Petitioner, is a fully insured legally Licensed Plumbing Contractor, CFC 1428578, in the business of structurally rehabilitating aged and defective horizontal drainage pipes under slabs, and vertical drainage pipes behind walls, with Cured in Place Pipe (CIPP) tools and technology. PTI is currently being adversely affected in the market place by unlicensed CIPP installers who are not properly documented and insured and who do not obtain permits, (See attached DBPR complaint and Case Summery Sheet for Case #2014018148) and also by licensed contractors who install CIPP material and do not obtain permits. Specifically, we are currently providing lining proposals to at least 25 condominiums and also at least 12 residential homeowners, who typically request pricing quotes from one or two other pipe lining “contractors”.

Job 1: Condominium – General Scope of Work for installing CIPP:

First, remove and replace all appropriate drainage fittings to allow for proper video inspection, cleaning, and CIPP material installation. Open any necessary drywall access points, open any necessary concrete slab openings, remove and replace all necessary drainage fittings and remove and replace all necessary plumbing fixtures to facilitate video inspection, the cleaning process, and material installation.

Next, perform video inspection, cleaning, and lining installation. After CIPP has cured, perform all necessary robotic reinstatements to open the branch lines.

Last, perform post video inspection.

Job 2: Residential – General Scope of Work for installing CIPP:

Next, perform video inspection, cleaning, and lining material installation. After CIPP has cured, perform all necessary robotic reinstatements to open the branch lines.

Last, perform post video inspection.

5^th Edition (2014) Florida Building Code, Building

SECTION 105 PERMITS

[A] 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 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.

[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following:

…….

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided

in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

5^th Edition (2014) Florida Building Code, Existing Building

SECTION 502 REPAIRS

502.1 Scope. Repairs, as defined in Chapter 2, include the patching or restoration or replacement of damaged materials, elements, equipment or fixtures for the purpose of maintaining

such components in good or sound condition with respect to existing loads or performance requirements.

502.2 Application. Repairs shall comply with the provisions of Chapter 6.

502.3 Related work. Work on nondamaged components that is necessary for the required repair of damaged components shall be considered part of the repair and shall not be subject to the provisions of Chapter 7, 8, 9, 10 or 11.

602.2 New and replacement materials. Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs and alterations, provided no dangerous or unsafe condition, as defined in Chapter 2, is created. Hazardous materials, such as asbestos and lead-based paint, shall not be used where the code for new construction would not permit their use in buildings of similar occupancy, purpose and location.

SECTION 609 PLUMBING

609.1 Materials. Plumbing materials and supplies shall not be used for repairs that are prohibited in the Florida Building Code, Plumbing.

609.2 Water closet replacement. The maximum water consumption flow rates and quantities for all replaced water closets shall be 1.6 gallons (6 L) per flushing cycle.

Exception: Blowout-design water closets [3.5 gallons (13

L) per flushing cycle].

5^th Edition (2014) Florida Building Code, Plumbing

303.2 Installation of materials. All materials used shall be installed in strict accordance with the standards under which the materials are accepted and approved. In the absence of such installation procedures, the manufacturer’s instructions shall be followed. Where the requirements of referenced standards or manufacturer’s installation instructions do not conform to minimum provisions of this code, the provisions of this code shall apply.

Analysis:

Option #1: Petitioner

Question: Is a building/plumbing permit mandatory as per 105.2 Permits, for installing Cured In Place Pipe (CIPP) in drainage systems within the walls and under the slabs of existing buildings for the purpose of rehabilitation? (SEE THE ATTACHED - DBPR complaint and Case Summary Sheet for Case # -2014018148). And if so, is the material to be installed and inspected according to the manufacturer’s published Installation Instructions, as per Florida Building Code – Existing Building ~~509.1~~ 609.1 Materials and Florida Building Code – Plumbing 303.2 Installation of Materials?

Answer:

Answer: Petitioner respectfully believes the answer to the all of the above questions are “YES”, and a declaratory statement should be issued to address the clarification statewide. If the answer is “No”, then by default, the installation process for CIPP to rehabilitate drainage systems in the walls and under the slabs of existing buildings should be specifically designated to comply with 2014 Florida Building Code 105.2 “Work exempt from permit”, and no permits should be required to install CIPP material anywhere in the state of Florida.

Option #2: Staff analysis

Answer: No, as per Section 105.2 (Work exempt from permit/plumbing), the Jobs in question are exempt from permit. This is with the understanding that the level of work for the two jobs in question is limited to rehabilitating aged and defective drainage pipes and that such level of work does not include new work (i.e. replacement of exiting pipes, fittings or fixtures with new materials).

And if so, is the material to be installed and inspected according to the manufacturer’s published Installation Instructions, as per Florida Building Code – Existing Building ~~509.1~~ 609.1 Materials and Florida Building Code – Plumbing 303.2 Installation of Materials?

Answer: Answer is not possible. See also answer to the 1^st part of the question.