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Petition #

Do you have a Local Board of Appeals

Yes

If Yes, have they rendered a decision on this issue

Yes

County

Lee

Jurisdiction

Cape Coral

Building Official

Paul Dickson

Address/Phone/Email

1015 Cultural Park Blvd.
Cape Coral, FL 33915
(239) 573-3184
kcroteau@capecoral.net

Petitioner Name

Kathleen Croteau

Address/Phone/Email

1015 Cultural Park Blvd.
Cape Coral, FL 33915
(239) 573-3184
kcroteau@capecoral.net

Petitioner Representative's Name

Address/Phone/Email

Building Code Version

2004

Sub Code

Building

Chapter & Topic

Chapter 4 - Special Detailed Requirements Based on Use and Occupancy

Section

424.2.17.1.12

If permitted, date of permit application

02/12/2007

Enter explanation of how the Petitioner's substantial interests are being affected by the local interpretation of the Florida Building Code

Since this portion of pool barrier is not located on the same property as the residential swimming pool we do not feel this meets the minimum life safety requirements of sec. 424.2.17.1.12. This section of the swimmming pool barrier can be removed or remodeled at any time by the fence property owner.  
The lack of control and use of the pool barrier would be direct conflict with the general intent and purpose of the FBC and would be detrimental to the public health, safety and general welfare of the general public.

Enter statement of the interpretation given to provisions of the Florida Building Code by the local building official and the manner in which the interpretation was rendered
(If information is entered, it must be exactly as it appears in the hardcopy)

Does the pool barrier required by FBC 2004 sec 424.2.17.1.12 have to be on the same property as the pool?  The Building Official’s ruling was that the entire barrier must be on the same property as the pool.  The applicant appealed that decision to the local contractors appeals board..  The board’s ruling (attached) agreed with the building official’s interpretation of the technical code, however, the board felt the requirements did not make any sense.  They issued a variance to the technical code to allow the adjacent fence to be part of the pool barrier.
  The City of Cape Coral would like to appeal the decision based on the fact that a variance cannot be issued for a technical code and this barrier is a life safety requirement and the pool barrier must be located on the same property as the pool. 
This residential swimming pool barrier must comply with all the requirements of the Florida Building Code 2004.  

Section 424.2.17.1.12 The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.

The barrier and pool perimeter are defined as: 

Barrier: A fence, dwelling wall or nondwelling wall or any combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier. 
 
Pool Perimeter:  A pool perimeter is defined by the limits of the pool deck, its surrounding area including yard area on the same property, and any dwelling or nondwelling wall or any combination thereof which completely surrounds the pool.

Enter statement of the interpretation that the petitioner contends should be given to the provisions of the Florida Building Code and a statement supporting the petitioner's interpretation

see the attached file

Enter local building official response by providing a statement admitting or denying the statements contained in the petition and a statement of the interpretation of the provisions of the Florida Building Code which the local jurisdiction or the local building official contends is correct, including the basis for the interpretation

The binding interpretation is filed by the building official

History

Date Paid

05/02/2007

Date Pending Building Official Response

05/02/2007 04:17 PM

Date Building Official Response

05/24/2007

Date Submitted to BOAF

05/24/2007

Date Accepted

06/14/2007

Time Waiver Granted

Date Extended To

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