Issue:  DS-2015-112 Petitioner David Galassi, CBO, Representing Marion County Florida Department of Building Safety seeks a Declaratory Statement on the 5th Edition (2014) Florida Building Code Building, Chapter 1 Sections 101.2, 105.2.1, 105.3, 105.4, 105.4.1.4, 105.12, 107, 109.2 and The Florida Statutes 489.113(3)

 

Questions:

 

1) Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for an inspection on the above mentioned component installation of the approved products listed above?

 

2) Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for plan review of the approved products listed above?

 

3) Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for permitting of the approved products listed above?

 

4) Can the CGC company self-perform electrical installation of a light kit connected to the

approved products listed above?

 

 

Background:

 

A County and State Registered and Certified CGC (Certified General Contractor) is in the specific business of selling and installing tubular skylights aka: solar tubes. These products do have State of Florida Product Approval. Solatube International Inc., has several FPA’s which have been approved to the 5th Edition (2014) Florida Building Code such as 10804-R5, 11480-R8, and 14826-R4. Some have electrical light kits. According to the Petitioner the company, "The Solar Guys" have approached the Building Department in an effort to simplify and/or eliminate the need for permits, plan, review, and inspection of their installation of tubular skylights.

 

Situation(s):

 

According to the petitioner, per several meetings with the staff from "The Solar Guys," it has been conveyed that the company's practice is to make a sales call and do an immediate install, as they carry the approved components on their trucks. They have requested that under the "emergency" exemption for permit, this should be allowed. Marion County's Building Safety Department has denied that request and does require that the installation be permitted prior to work being performed. The company also had requested that plan review of the work to be performed need not be done. Again, Marion County's Building Safety Department has required a product approval must accompany each permit request and that must be reviewed by a plans examiner. The company also has requested that the inspection be limited to the exterior components of the product only, as the homeowners cannot grant access and company representative cannot be present at inspection time. These inspections would be limited to tubular skylights without electric. Currently the Marion County Building Safety Department makes every attempt to inspect both the inside and outside installation components of the said tubular skylights. Furthermore, the company has added an electrical light kit to some of their tubular skylights as an add-on component and has requested that they be allowed to make the electrical connections. The Marion County Building Safety Department has required that a State Licensed electrical contractor perform any and all electrical work and perform an electrical inspection of the electrical portion of the work in conjunction with the initial installation inspection.

 

5th Edition (2014) Florida Building Code, Building, Chapter 1

 

Section 101.2 Scope

 

The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

 

102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities.

1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to:

a. Addition, alteration, or repairs performed by the property owner upon his or her own property,

provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square

footage of the primary structure, whichever is less.

b. Addition, alteration, or repairs by a nonowner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12-month period.

c. Building and inspection fees.

2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences.

3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it.

 

Section 105.1 Required.

 

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

 

Section 105.2.1 Emergency repairs.

 

Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

 

105.2.2 Minor Repairs.

 

Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.

 

105.2 Work exempt from permit.

 

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following:

 

Gas:

 

1.         Portable heating appliance.

 

2.         Replacement of any minor part that does not alter approval of equipment or make such   equipment unsafe.

 

Mechanical:

 

1.         Portable heating appliance.

 

2.         Portable ventilation equipment.

 

3.         Portable cooling unit.

 

4.         Steam, hot or chilled water piping within any heating or cooling equipment regulated by     this code.

 

5.         Replacement of any part that does not alter its approval or make it unsafe.

 

6.         Portable evaporative cooler.

 

7.         Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and             actuated by motors of 1 horsepower (746 W) or less.

 

8.         The installation, replacement, removal or metering of any load management control          device.

 

Plumbing:

 

1.         The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it     becomes necessary to remove and replace the same with new material, such work shall            be considered as new work and a permit shall be obtained and inspection made as       provided in this code.

 

2.         The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the       removal and reinstallation of water closets, provided such repairs do not involve or         require the replacement or rearrangement of valves, pipes or fixtures.

 

 

Section 105.3 Application for Permit.

 

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose.

 

Section 105.4 Permit intent.

 

 A permit issued shall not be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the technical codes, nor

shall issuance of a permit prevent the building official from therefore requiring a correction of errors in plans, construction or violations of this code.

 

Section 105.4.1.4

The fee for renewal, issuance and extension of a permit shall be set forth by the administrative authority.

 

Section 105.12 Work started before permit issuance.

 

Upon approval of the Building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at the risk of the permit applicant and the work does not proceed past the first required inspection.

 

 

Section 107.3.5 Minimum plan review criteria for buildings

 

Exemptions.

 

Plans examination by the building official shall not be required for the following work:

 

1.         Replacing existing equipment such as mechanical units, water heaters, etc.

 

2.         Reroofs

 

3.         Minor electrical, plumbing and mechanical repairs

 

4.         Annual maintenance permits

 

5.         Prototype plans

Except for local site adaptions, siding, foundations and/or modifications.

Except for structures that require waiver.

 

6.         Manufactured buildings plan except for foundations and modifications of buildings on site.

 

Section 107.2.4 Exterior wall envelope.

 

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope.

 

Section109.2 Schedule of permit fees.

 

On building structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

 

 

 

2015 Florida Statutes Chapter 489

 

489.113 Qualifications for practice; restrictions

 

(3) A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet

 metal, swimming pool, and air-conditioning work, unless such contractor holds a state

 certificate or registration in the respective trade category.

 

 

Questions:

 

1) Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for an inspection on the above mentioned component installation of the approved products listed above?

 

2) Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for plan review of the approved products listed above?

 

3) Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for permitting of the approved products listed above?

 

4) Can the CGC company self-perform electrical installation of a light kit connected to the

approved products listed above?

 

 

The petitioner, Marion County Building Safety Department, believes that the answer to all 4 questions is "No" and that the CGC company cannot be exempt and must obtain a permit prior to work start, must have their products and installation details approved by plans review, must have a complete inspection performed, and must have a licensed electrical contractor perform any and all electrical work

 

Staff Analysis

 

.

Question #1: Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for an inspection on the above mentioned component installation of the approved products listed above?

 

Answer:  “No”.  As per Section 105.1 of the 5th Edition (2014) FBC, Building, a permit is required for the situation in question.  However, as per Section 102.2.5 of the 5th Edition (2014) FBC, Building, the local authority having jurisdiction may adopt rules exempting from the Florida Building Code alterations to a single-family residence provided the total cost of such alteration does not exceed $5,000 within any 12-month period.   

 

Question # 2: Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for plan review of the approved products listed above?

 

Answer:  No.  As per section 107.3.5 of the 5th Edition (2014) FBC, Building, plan review is required for the situation in question.  However, as per Section 102.2.5 of the 5th Edition (2014) FBC, Building, the local authority having jurisdiction may adopt rules exempting from the Florida Building Code alterations to a single-family residence provided the total cost of such alteration does not exceed $5,000 within any 12-month period.  

 

Question # 3: Can the Marion County Building Safety Department, at request of the CGC company listed, exempt the need for permitting of the approved products listed above?

 

Answer: No.  As per Section 105.1 of the 5th Edition (2014) FBC, Building, a permit is required for the situation in question.  However, as per Section 102.2.5 of the 5th Edition (2014) FBC, Building, the local authority having jurisdiction may adopt rules exempting from the Florida Building Code alterations to a single-family residence provided the total cost of such alteration does not exceed $5,000 within any 12-month period.  

 

Question # 4: Can the CGC company self-perform electrical installation of a light kit connected to the approved products listed above?

 

Answer:  The Commission has not authority to address this question.  This question addresses an issue that is outside the scope of the Florida Building Code.