Florida Building Commission

December 13, 2013

St. Pete Beach, Florida

Declaratory Statement Legal Report

DS 2013-046 by Sal Delfino of Petersen Aluminum Corp. (Withdrawn)

PA POC

DS 2013-089 by Timothy Krebs of T.A. Krebs, LLC

Admin TAC

To the question: Is the applicant for a single-family residence remodeling/addition complying with FBC-Residential required to demonstrate compliance with the FBC-Existing Buildings?

The answer is: Yes. According to Section R101.2 Exception 2 of the 2010 Florida Building Code, Residential, Existing buildings undergoing repair, alteration or additions, and change of occupancy shall comply with the Florida Building Code, Existing Building.

DS 2013-092 by Scott Greenberg

Energy TAC

Question 1: In Section 101.4.7.1.2, does HB 269 overturn the code requirements for heat load calculations [for total equipment replacement]?, the answer is YES, HB 269 preempts system sizing for replacement of existing equipment.

Question 2: In Section 101.4.7.1.2, Is the Design Star heat load calculation program an approved method, for existing residential change outs? The answer is that the code does not approve specific calculation methods; approval is by the code official.

And is it approved for all brands of a/c units (presently used for Rheem and Carrier)? The answer is that approval is by the code official.

If it is an approved method, is its acceptance to be statewide (all building departments)? The answer is that its acceptance is not statewide, but is reserved to the code official of the Authority Having Jurisdiction.

Can a local building department not allow it if ruled accepted? The answer is YES, the code official has the authority to not accept a given sizing calculation program

Question 3: Does HB 269 overturn the code requirements for duct sealing as stated in 101.4.6.1.1? The answer is YES, if the duct system itself is not replaced, HB 269 overturns the code requirements for duct sealing as stated in Section 101.4.6.1.1.

To the question Is the duct sealing certification/form still required for existing residential change outs?, the answer is YES, if the duct system itself is not replaced, HB 269 overturns the code requirements for duct sealing as stated in Section 101.4.6.1.1.

DS2013-103 by James Scott of J. Scott Drafting, Inc.

Admin TAC

To the question: For the building containing structural elements exceeding the FBC-R limits or otherwise nonconforming to the code, but designed in accordance with the accepted engineering practice, does the FBC-R require the complete set of plans and specification to be certified by an Architect or Engineer as being designed to comply with the structural portion of the Building Code for wind and gravity loads?

The answer is: According to Section 107.1 of the 2010 FBC, Building, determination of whether a set of construction documents is required to be certified by an architect or engineer is subject to the provisions of Section 107.1 and Chapters 471 or 481 of Florida Statues as applicable.

. (Note: the petitioner should be advised to contact the State Board of Architecture and Interior Design, or the Florida Board of Professional Engineers regarding this matter.)

DS 2013-104 by Mark Fairchild, P.E. of Milton Engineering Consultants, P.A.

Structural TAC

Question 1. Does the 2010 FBC-B specify that the calculation of wind loads under Section 1609.1.1 Exception 7 applies solely to luminaires located within a public right-of-way?

Answer: Yes, according to the technical scope of the AASHTO LTS-4 standard as referenced in the Florida Building Code, Building, the wind loads calculation of the said standard are limited in scope to luminaires that are located within highways that are open to the public.

Question 2. Is it the intent of the 2010 FBC-B to limit the calculation of wind loads under Section 1609.1.1 Exception 7 solely to luminaires located within a public right-of-way?

Answer: Yes, calculation of wind loads under Section 1609.1.1 Exception 7 is limited in scope to luminaires that are located within highways that are open to the public.

Question 3. If the answers to Questions 1 and 2 are both "No," are there any site-specific locations or conditions where the calculation of wind loads for luminaires would be disallowed under the provisions of the 2010 FBC-B Section 1609.1.1 Exception 7?

Answer: No answer is needed since the answers to questions 1 and 2 are in the affirmative.

(Note: Wind loads calculation for luminaires that fall outside the technical scope of AASHTO LTS-4 (i.e. outside the public right-of-way/highway) are subject to the design criteria of ASCE 7 as applicable.