Florida Building Commission

Special Occupancy Technical Advisory Committee
Minutes

December 1, 2009 -9:00AM

Conference Call Concurrent with the Structural TAC

Special Occupancy TAC……………………………………….Jon Hamrick, Chair

Attending members: BobVincent, Cam Fentriss, Skip Gregory, Phillip Wisely, Gene Chaleki, Doug Melvin, Frank Frail Jim Goodloe

Members not in attendance: Steve Watson

A quorum was achieved for the Special Occupancy TAC

The agenda were approved as submitted, the minutes amended to correct “Bob Pryor’s” name for the record as correct spelling of his name.

DCA09-DEC-347 by George Merlin of George Merlin Associates Inc.

Question #1: Is the application of the exception in FBC Ch 3109.1.1 the same as the historical application and interpretation of the exemption in FS Ch 161.053(12) i.e., repairs and modifications to existing structures seaward of the CCCL have no limit on the cost of the work provided that the work stays within the limits of the existing foundation and does not modify that foundation and also meets the requirements of the Florida Building Code for Existing Buildings?

Answer: Yes. According to Section 3109.1.1 Exception, the project as described in Case

#1 above is not required to be re-designed to resist the predicted forces associated with a

100-year storm event.

Question # 2(a): Is the application and interpretation of the exception in FBC Ch 3109.3

and 3109.4 to be the same as the historical application and interpretation of the

exemption in FDEP Ch 62B-33.007(4)(c), i.e., if the work on an existing habitable

structure involves an addition outside the existing foundation or repair or modification

the existing foundation, the work is still exempt from the otherwise imposed elevation

and pile foundation standards unless the addition outside the existing foundation

constitutes a “substantial improvement” to the existing structure, as defined by FS

161.54(12)?

Answer: “Yes” as long as the level of work as noted in Case #2 does not advance th

seaward limits and constitute rebuilding of the existing structure [see Sections

3109.3(Exception 1) and 3109.4(Exception 1).]

Question #2(b):Is the application and interpretation of the exceptions in FBC Ch

3109.3 and 3109.4 to be the same as the historical application and interpretation of the

exemption in FDEP Ch 62B-33.007(4)(c), i.e., if the work on an existing habitable

structure involves an addition outside the existing foundation or a repair or modification

to the existing foundation, the work is still exempt from the otherwise imposed elevation

and pile foundation standards, unless the addition outside the existing foundation and

modifications above and within the existing foundation together constitute a “substantial

improvement” to the existing structure, as defined by FS 161.54(12)?

Answer: See answer to Question #2(a).

Question #3: The FBC code within section 3110.1.2 defines that the FBC defers to local

governments floodplain management for FEMA codes and local floodplain. The FBC

code as stated says “the FBC defers to local governments for all floodplain management

construction regulations for all structures that are NOT seaward of the CCCL”.

(Emphasis added to the word NOT). Does this mean that, when local codes are in conflict

with FBC, the state code takes priority over local codes when pertaining to construction

projects located seaward of the CCCL?

Answer: No answer is possible. The Code defers regulations with regard to Floodplain

Management Program to the local authority having jurisdiction.

Reviewed overlapping Florida specific Agency requirements as integrated into the 2009 IBC and

Provided recommendation for consideration by the Commission regarding Sections 308.3.1, 440,

and 441.

The meeting was adjourned at 10:20AM

Bruce Ketcham 850-410-1568 bruce.ketcham@DCA.state.fl.us