Florida Building
Commission
October 13, 2016
Legal Report
HILTON
UNIVERSITY OF FLORIDA CONFERENCE CENTER
1714
SW 34TH STREET
GAINESVILLE,
FLORIDA
ACCESSIBILITY TECHNICAL ADVISORY COMMITTEE (TAC)
DS 2016 – 056 by Kathleen Ann Wilks
The
Petitioner, Ms. Kathleen Ann Wilks, is requesting clarification with regard to
the Section 553.504(6), Florida Statutes stating that “Barriers at common
entrances or emergency exists of business establishments conducting business
with the general public that are existing, under construction or under contract
for construction which would prevent a person from using such entrance or
exists must be removed.”
Answer: Because the petition in question
is requesting an answer based on past conduct/decision that the City of
Pensacola already addressed and lack of jurisdiction due to the fact that it is
an ADA requirement, answering this petition for declaratory statement would be
legally Improper.
STRUCTURAL TECHNICAL ADVISORY COMMITTEE (TAC)
DS 2016-058 by Matt
Spiak of Sprint Corporation
Question 1: Should the design wind speeds for
telecommunications towers be determined by converting the FBC ultimate wind
speeds to a nominal wind speed or should the design wind speeds indicated in
TIA-222-G be used?
Answer: As per Section
553.73(14), Florida Statutes, and Section 1609.1.1(Exception 5) of the 5th
Edition (2014) Florida Building Code, Building “FBC”, the projects in question
is permitted to be designed using the wind speed as indicated in TIA-222 – G.
Question 2: For telecommunication towers supporting
essential communications equipment, should the FBC risk Category III/IV
converted nominal wind speed be used in conjunction with TIA-222-G Structure
Class II (I=1.0) for towers of this nature.
Answer: “No” as per Section 553.73(14), Florida
Statutes, and Section 1609.1.1(Exception 5) of the 5th Edition
(2014) Florida Building Code, Building “FBC”, the projects in question is
permitted be designed using TIA-222-G Structure Class III (I=1.15) for towers
without using the converted nominal wind speed for risk Category III/IV of the
FBC.
CODE ADMINISTRATION TECHNICAL ADVISORY COMMITTEE (TAC)
DS
2016-063 by Rune Lero of Innovative Construction Inspections, Inc.
Question #1: Based on Florida Statute 553.791(8)
which states in part: ”A private provider performing required inspections under
this section shall inspect each phase of construction as required by the
applicable codes”, is an inspection performed by a private provider through the
use of smartphone telecommunications as described in the background section
above a compliant means of inspection required by applicable codes?
Answer: “No”, as per Section 553.791(8), Florida
Statutes, site inspections for the projects in question must be performed by
the provide provider.
Question #2: Based on Florida Statute 553.791(8)
which states in part: “The private provider shall be permitted to send a duly
authorized representative to the building site to perform the required inspections,
provided all required reports are prepared by and bear the signature of the
private provider or the private provider’s duly authorized representative”, is
the performance of inspections by use of an app and smart phone interactive
technology acceptable in lieu of on‐ site
inspections?
Answer: “No”, as per Section 553.791(8), Florida
Statutes, site inspection by the private provider/duly authorized
representative is required.
Question # 3: Likewise, based on the same Florida
Statute 553.791(8) which states in part: “ The private provider shall be
permitted to send a duly authorized representative to the building site to
perform the required inspections, provided all required reports are prepared by
and bear the signature of the private provider or the private provider’s duly
authorized representative”, is it acceptable to provide either a copy of a
signed report and/or provide an electronic report along with an electronic
signature of the private provider or duly authorized representative?
Answer: “No”, as per Section 553.791(8), Florida
Statutes, the private provider or the duly authorized representative must
perform the required inspections and all required reports must be prepared by
and bear the signature of the private provider or the provider’s authorized
representative.
Question # 4: Likewise, based on Florida Statute
553.791(10) which states in part: “The private provider, before leaving the
project site, shall post each completed inspection record, indicating pass or
fail, at the site and provide the record to the local building official within
2 business days”, is it an acceptable means to transmit to the on‐site
representative of the contractor who facilitated the inspection being
performed, and interacted with the private provider during the inspection
process through telecommunication means, an electronic version of the
inspection record for the purpose of the representative mobile printing and
posting such notice at the site?
Answer: “No”, as per Section 553.791(10), Florida
Statutes, a site inspection must be performed by the private provider and a
completed inspection report must be posted on the job site by the private
provider before leaving the project site.
DS
2016-064 by Rune Lero of Innovative Construction Inspections, Inc.
Question #1: Based on the definition of Private
Provider as found in F.S. 553.791(1)(i) which states: “”Private provider” means
a person licensed as an engineer under chapter 471 or as an architect under
chapter 481. For purposes of performing Inspections under this section for
additions and alterations that are limited to 1,000 square feet or less to
residential buildings, the term “private provider” also includes a person who
holds a standard certificate under part XII of chapter 468”, is an individual
who holds the appropriate standard certification as a building inspector under
part XII of chapter 468 allowed to be a private provider when performing
inspections on residential maintenance work including but not limited to
residential air conditioning condenser replacement, residential air conditioner
air handler replacement, residential air conditioning ductwork replacement,
residential main garage door replacement in existing openings, residential
water heater replacement, and residential electrical service changes without
requiring the accompanying assistance, participation or signature of an
individual licensed as an engineer under chapter 471 or as an architect under
chapter 481?
Answer: “Yes”, as long as the area of level of work
for the projects in question (only for the projects listed above) does not
exceed 1,000 square feet (see Section 553.791 (1) (i), Florida Statutes) and
that the inspections for the projects in questions are performed by individuals
licensed under Chapter 468, Florida Statutes subject to the limitations of the
licensed they hold.
Question #2: Based on the definition of Private
Provider as found in F.S. 553.791(1) (i) which states:” “”Private provider”
means a person licensed as an engineer under chapter 471 or as an architect
under chapter 481. For purposes of performing inspections under this section
for additions and alterations that are limited to 1,000 square feet or less to
residential buildings, the term “private provider” also includes a person who
holds a standard certificate under part XII of chapter 468”, is an individual
who holds the appropriate standard certification as a building inspector under
part Xii of chapter 468 allowed to be a private provider when performing
inspections on residential maintenance work including but not limited to
residential air conditioning condenser replacement, residential air conditioner
air handler replacement, residential air conditioning ductwork replacement,
residential main garage door replacement, residential garage service door
replacement, residential window and/or door replacement in existing openings,
residential water heater replacement, and residential electrical service
changes on any residential structure as these noted inspections are not
inspections on ”additions or alterations of 1,000 square foot or less to residential
buildings”?
Answer: “No”, as per Section 553.791(1) (i), Florida
Statutes, the area of level of work for the projects in question must not
exceed 1,000 square feet.
Question # 3: Based on F.S. 553.791(10) which
states: “Upon completing the required inspections at each applicable phase of
construction, the private provider shall record such inspections on a form
acceptable to the local building official. The form must be signed by the
provider or the provider’s duly authorized representative. These inspection
records shall reflect those inspections required by the applicable codes of
each phase of construction for which permitting by a local enforcement agency
is required. The private provider, before leaving the project site, shall post
each completed inspection record, indicating pass or fail, at the site and
provide the record to the local building official within 2 business days. The
local building official may waive the requirement to provide a record of each
inspection within 2 business days if the record is posted at the project side
and all such inspection records are submitted with the certificate of
compliance”, is the building official acting as the Authority Having
Jurisdiction required to accept inspection results on the appropriate form
directly from an individual who holds the appropriate standard certification as
a building inspector under part XII of chapter 468 acting as a private provider
in accordance with the appropriate sections of F.S. 553.791, without requiring
the accompanying signature of a person licensed as an engineer under chapter
471 or as an architect under chapter 481?
Answer: “Yes”, as long as the said inspection
report is provided in a format acceptable to the local building official (see
Section 553.791(10), Florida Statutes.) However, inspections results are
subject to review and approval by the local authority having jurisdiction.
Question # 4: Likewise, based on F.S. 553.791(11)
which states: “Upon completion of all required inspections, the private
provider shall prepare a certificate of compliance, on a form acceptable to the
local building official, summarizing the inspections performed and including a
written representation, under oath, that the stated inspections have been
performed and that, to the best of the private provider’s knowledge and belief,
the building construction inspected complies with the approved plans and
applicable codes”, is the Building Official acting as the Authority Having
Jurisdiction required to accept a certificate of compliance on the appropriate
form directly from an individual who holds the appropriate standard
certification as a building inspector under part XII of chapter 468 acting as a
private provider in accordance with the appropriate sections of F.S. 553.791,
without requiring the accompanying signature of a person licensed as an
engineer under chapter 471 or as an architect under chapter 481?
Answer: “Yes”, as long as the certificate of
compliance is provided in a format acceptable to the local building official
(see Section 553.791(11), Florida Statutes.) However, the certificate of
compliance is subject to review and approval by the local authority having
jurisdiction.