Issue: DCA09-DEC-347 by George Merlin of George Merlin Association Inc. The Petitioner is requesting clarification with regard to the provisions of the CCCL requirements of the Florida Building Code, Building. Specifically, the Petitioner provides for the following questions:
1. Is
the application of the exception in
2. (a) Is the application and interpretation
in
(b) Is the application and interpretation
of the exceptions in
3. The
Background:
(1) Description of
projects: The Petitioner is a
Case #1: A single story single family dwelling and
proposed renovations to such building including a vertical second story
addition; wherein all renovations, including the new second story are all
within the footprint perimeter of the existing foundation and wherein the
existing foundation has been investigated and proven by engineering
calculations to be adequate to support the proposed renovations per the
requirements of the FBC for Existing Buildings (i.e. gravity and wind loads)
without modifying or adding to the original existing foundation in any way.
Case #2: This case is similar to Case #1 described
above, except the proposed renovations involve horizontal additions outside the
existing foundation footprint perimeter.
(2) 2007
SECTION 3109 STRUCTURES SEAWARD OF A COASTAL CONSTRUCTION CONTROL LINE
3109.1.1 Scope. The provisions of Section 3109 shall ensure that structures located seaward of the coastal construction control line are designed to resist the predicted forces associated with a 100-year storm event and shall apply to the following:
1. All habitable structures which extend wholly or partially seaward of a coastal construction control line (CCCL) or 50-foot (15.3 m) setback line.
2. Substantial improvement of or additions to existing habitable structures.
3. Swimming pools that are located in close proximity to a habitable structure or armoring. An environmental permit from the Florida Department of Environmental Protection, requiring special siting considerations to protect the beach-dune system or proposed or existing structures and public beach access, is required prior to the start of construction. The environmental permit may condition the nature, timing and sequence of construction of permitted activities to provide protection to nesting sea turtles and hatchlings and their habitat, including review, submittal and approval of lighting plans.
Exception: The standards for buildings seaward of a CCCL area do not apply to any modification, maintenance or repair to any existing structure within the limits of the existing foundation which does not require, involve or include any additions to, or repair or modification of, the existing foundation of that structure.
3109.3 Elevation standards. All habitable structures shall be elevated at or above an elevation which places the lowest horizontal structural member above the 100-year storm elevation as determined by the Florida Department of Environmental Protection in the report titled "One-Hundred-Year Storm Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line."
An applicant may request the Department of Environmental Protection to determine a site-specific 100-year storm elevation for the applicant's proposed habitable structure as part of the environmental permit application process. The elevation will be provided as part of the applicant's environmental permit and shall be subject to review under the provisions of Chapter 120, Florida Statutes.
Exceptions:
1. Additions,
repairs or modifications to existing nonconforming habitable structures that do
not advance the seaward limits of the existing habitable structure and do not
constitute rebuilding of the existing structure.
2. Habitable structures located landward of existing armoring which is capable of protecting buildings from the effects of erosion from a 100-year storm surge. The applicant shall provide scientific and engineering evidence that the armoring has been designed, constructed and maintained to survive the effects of the design storm and provide protection to existing and proposed structures from the erosion associated with that event. Evidence shall include a report with data and supporting analysis, and shall be certified by a professional engineer registered in this state, that the armoring was designed and constructed and is in adequate condition to meet the following criteria:
2.1. The top must be at or above the still water level, including setup, for the design storm plus the breaking wave calculated at its highest achievable level based on the maximum eroded beach profile and highest surge level combination, and must be high enough to preclude runup overtopping.
2.2. The armoring must be stable under the design storm including maximum localized scour, with adequate penetration and toe protection to avoid settlement, toe failure, or loss of material from beneath or behind the armoring.
2.3. The armoring must have sufficient continuity or return walls to prevent flanking under the design storm from impacting the proposed construction.
2.4. The armoring must withstand the static and hydrodynamic forces of the design storm.
3. A higher elevation standard is required by either the National Flood Insurance Program (NFIP), as found on a community's Flood Insurance Rate Map (FIRM), or the local flood damage prevention ordinance. In such instances, the higher elevation standard shall apply.
3109.4 Construction standards.
3109.4.1 Pile foundations. All habitable structures shall be elevated on, and securely anchored to, an adequate pile foundation. Pile foundations for habitable structures shall be designed to withstand all reasonable anticipated erosion, scour and loads resulting from a 100-year storm including wind, wave, hydrostatic and hydrodynamic forces acting simultaneously with typical structural (live and dead) loads. All habitable structures should be anchored to their pile foundation in such a manner as to prevent flotation, collapse or lateral displacement. The elevation of the soil surface to be used in the calculation of pile reactions and bearing capacities for habitable structures shall not be greater than that which would result from erosion caused by a 100-year storm event. Calculation of the design grade shall account for localized scour resulting from the presence of structural components. Design ratio or pile spacing to pile diameter should not be less than 8:1 for individual piles located above the design grade. Pile caps shall be set below the design grade unless designed to resist increased flood loads associated with setting the cap above the design grade, but at or below the natural grade. Pile penetration shall take into consideration the anticipated loss of soil above the design grade.
Exceptions:
1. Additions,
repairs or modifications to existing nonconforming habitable structures that do
not advance the seaward limits of the existing habitable structure and do not
constitute rebuilding of the existing structure.
2. Habitable structures located landward of existing armoring which is capable of protecting buildings from the effects of erosion from a 100-year storm surge. The applicant shall provide scientific and engineering evidence that the armoring has been designed, constructed and maintained to survive the effects of the design storm and provide protection to existing and proposed structures from the erosion associated with that event. Evidence shall include a report with data and supporting analysis, and shall be certified by a professional engineer registered in this state, that the armoring was designed and constructed and is in adequate condition to meet the following criteria:
2.1. The top must be at or above the still water level, including setup, for the design storm plus the breaking wave calculated at its highest achievable level based on the maximum eroded beach profile and highest surge level combination, and must be high enough to preclude runup overtopping.
2.2. The armoring must be stable under the design storm including maximum localized scour, with adequate penetration and toe protection to avoid settlement, toe failure or loss of material from beneath or behind the armoring.
2.3. The armoring must have sufficient continuity or return walls to prevent flanking under the design storm from impacting the proposed construction.
2.4. The armoring must withstand the static and hydrodynamic forces of the design storm.
3109.2 Definitions.
SUBSTANTIAL IMPROVEMENT. See definition in Section 161.54(12), Florida Statutes.
REBUILDING. See definition of "Substantial
improvement."
(3) 2007
SECTION
202 GENERAL DEFINITIONS
ADDITION.
An extension or increase in floor area, number of stories, or height of a building
or structure.
REPAIR.
The patching, restoration and/or minor replacement of materials, elements,
components, equipment and/or fixtures for the purposes of maintaining such
materials, elements, components, equipment and/or fixtures in good or sound
condition.
Webster’s
Third New International Dictionary Unabridged
Modification
– the act or action of changing something without fundamentally altering
it. A result of such partial change….
Maintenance
– the labor of keeping something (as buildings or equipment) in a state of
repair or efficiency: Care, upkeep…
(4)
Section
161.053(12), Florida Statutes -
Department" means the Department of Environmental Protection.
(12)(a) The coastal construction control
requirements defined in subsection (1) and the requirements of the erosion
projections pursuant to subsection (6) do not apply to any modification,
maintenance, or repair to any existing structure within the limits of the
existing foundation which does not require, involve, or include any additions
to, or repair or modification of, the existing foundation of that structure.
Specifically excluded from this exemption are seawalls or other rigid coastal
or shore protection structures and any additions or enclosures added,
constructed, or installed below the first dwelling floor or lowest deck of the
existing structure.
Section 161.54 Definitions,
(12) "Substantial
improvement" means any repair, reconstruction, rehabilitation, or
improvement of a structure when the actual cost of the improvement or repair of
the structure to its pre-damage condition equals or exceeds 50 percent of the
market value of the structure either:
(a) Before
the improvement or repair is started; or
(b) If
the structure has been damaged and is being restored, before the damage
occurred.
The total cost does not include nonstructural interior finishings, including,
but not limited to, finish flooring and floor coverings, base molding,
nonstructural substrates, drywall, plaster, paneling, wall covering,
tapestries, window treatments, decorative masonry, paint, interior doors, tile,
cabinets, moldings and millwork, decorative metal work, vanities, electrical
receptacles, electrical switches, electrical fixtures, intercoms,
communications and sound systems, security systems, HVAC grills and decorative
trim, freestanding metal fireplaces, appliances, water closets, tubs and shower
enclosures, lavatories, and water heaters, or roof coverings, except when
determining whether the structure has been substantially improved as a result
of a single improvement or repair.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not, however,
include either any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions or any alteration of a
structure listed on the National Register of Historic Places or the State
Inventory of Historic Places.
(5) BOAF –
Non-binding Interpretations
Question:
Is it the intent of the exception to the CCCL standards in 3109.1.1 to apply to a substantial improvement?
Answer:
No, the term "substantial improvement" is defined as 50% of the market value.
Commentary: The exception is not based on value, it is specifically addressing "additions to, or repair or modifications of, the existing foundation" of that structure.
Question:
Is it the intent of Florida Building Code -
Building section 3109.1.1, Exception to allow substantial improvements and/or additions
to an existing structure within the limits of the existing unaltered
foundations that do not need any modification for support of the improvements
and/or additions?
Comment: The Florida Department of Environmental
Protection has had a long standing interpretation that says "yes" to
this question, that the above described construction is exempt from DEP
elevation and piling requirements. This FBC code section (3109) is
essentially verbatim from Fl. Statutes
161.053 and Fl. Admin. Code 62B-33. I would like reconfirmation from BOAF,
since there seems to be some disagree about this. Please note, my question is
separate and independent from any FEMA regulations instituted pursuant to FBC
section 3110.2
Answer:
No. The exception states "...The
standards...do not apply to any modification, maintenance or repair to any
existing structure within the limits of the existing foundation..." It
does not exempt additions or substantial improvements.
Commentary: See
Code Commentary. "Care and attention must be given to consideration of total
improvement costs since they may trigger substantial improvement regulations, mandating
that the entire structure be brought into compliance with current floodplain management
regulations."
_____________________________________
Staff recommendation:
Question #1: Is the
application of the exception in
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 in
Answer: “Yes” as long as the level of work as noted in
Case #2 does not advance the 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
Answer: See answer to Question #2(b).
Question #3: The
Answer: No answer is possible. The Code defers regulations with regard to
Floodplain Management Program to the local authority having jurisdiction.