STATE OF
BUILDING COMMISSION
In the Matter of
SUNESTA PRODUCTS, LLC Case #: DCA10-DEC-182
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Jeffrey C. Friant, P.E. and Jeff Bedard of SUNESTA PRODUCTS, LLC, which was received on September 10, 2010. Based on the statements in the petition and the material subsequently submitted, it is hereby ORDERED:
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. The Petitioner manufactures retractable awnings for use in conjunction with construction projects subject to the Florida Building Code. The Petitioner’s product consists of fabric supported by an aluminum and steel frame that can be extended and retracted easily. The fabric is rolled onto a tube that is attached to a frame structure that is attached to the building structure using engineer tested and certified brackets and fasteners. The awnings are sold to shade elements of a building from sunlight and their ability to be stowed and deployed as needed.
3. The Petitioner is preparing to submit an application for a permit to install a retractable awning on the first floor of a condominium in the City of Fort Lauderdale, Florida. The awning is 35 feet wide with a projection of 11 feet, 6 inches, and will be installed in the retracted position. The Petitioner’s contract and owner’s manual directs that the awning be retracted in the event of a wind storm and disclaims Petitioner’s liability in the event that damage occurs as a result of an awning not so retracted. The Petitioner can demonstrate that the awning is capable of withstanding wind loads created during a high velocity wind storm event when the awning is in the retracted position.
4. The Petitioner asks several questions including how Section 3105.4, Florida Building Code, Building Volume (2007), would apply to the design of the awning; the effect of the word “during” used in that section; and two questions about the interaction of the Petitioner’s owner’s manual and contractual provisions relating to liability with the requirements of the Code?
Conclusions of Law
1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement.
2. Section 3105.4, FBC, Building, provides:
3105.4 Design.
3105.4.1 Design of the framing members shall not be based on removal or repositioning of parts, or the whole, during periods of 75 mph wind velocity.
3105.4.2 Design of the structural framing members shall be based on rational analysis, using the applicable wind loads of Chapter 16 as shown below:
3105.4.2.1 The wind design loads for any fabric or membrane-covered structure designed with a quick removal or breakaway membrane or fabric at wind velocities of 75 mph, shall be based on the following criteria:
1. Minimum wind velocity of 3-second wind gust 90 mph
2. Importance factor based on low hazard to human life of 0.77.
3. Exposure Category B for or C as defined in Chapter 16.
3105.4.2.2 The wind design loads for any fabric or membrane covered structure designed with a permanent or nonremovable fabric or membrane, shall be based on the following criteria:
1. Minimum wind velocity as required in Chapter 16.
2. Importance factor based on low hazard to human life of 0.77.
3. Exposure Category B or C as defined in Chapter 16.
3105.4.3 The fabric portions of awnings fabric covered frames shall be securely laced, tied or otherwise fastened to the frame; no rafter or front bar will be permitted in pockets; and in no case shall a rolling curtain be caused to operate over a canopy frame.
3105.4.4 The horizontal projection of cantilevered portions shall not be greater than two times the height, except where the building construction does not permit a proper installation; in which case, variance may be permitted by the building official, based on special design and construction.
3. Design of the retractable awning in question is subject to the criteria of Section 3105.4.2 of the FBC, Building. The criteria would apply to the product in question to require design to withstand the appropriate wind loads in both extended and retracted position.
4. Use of the word “during” in Section 3105.4.1 has no relation to the Commission’s conclusion.
5. The Commission lacks authority to interpret or apply the provisions of the Petitioner’s owner’s manual and contractual provisions and, therefore, denies the Petition as it relates to these items.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED this ______ of _____________, 2010, in Coral Gables, Miami-Dade County, State of Florida.
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2010.
______________________________
PAULA P. FORD
Commission Clerk
Via
Jeffrey C. Friant, P.E. Mo Madani, C.B.O. Manager
Jeff Bedard Codes and Standards Section
Sunesta Products,
LLC Department
of Community Affairs
11320 Distribution
Avenue East 2555
Shumard Oak Blvd.
Jacksonville,
Florida 32256 Tallahassee,
FL 32399-2100