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Petition #

Do you have a Local Board of Appeals

If Yes, have they rendered a decision on this issue

County

Indian River

Jurisdiction

County of Indian River

Building Official

James Akins

Address/Phone/Email

1801 27th street
Vero Beach, FL 32960
(772) 226-1268
jakins@ircgov.com

Petitioner Name

Michael A Collazo AIBD, CPBD

Address/Phone/Email

3810 northdale blvd
tampa, FL 33624
(813) 964-5140
mcollazo@pulte.com

Petitioner Representative's Name

Address/Phone/Email

Building Code Version

2007

Sub Code

Residential

Chapter & Topic

Chapter 3 - Building Planning

Section

317.2.1

If permitted, date of permit application

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

We are building attached single family homes (2 unit townhouses with independent lot lines) with a 6' high common masonry privacy wall extending to the rear yard. When homeowners are requesting to add a pool and enclose it with a screen, they are having to raise the privacy wall to meet the height of the of the dwelling separation wall in order to attach a screen enclosure to it. This causes a lot of interference at the eave/overhang since the tails drop well below the bearing height. These are narrow yards, and homeowners would lose a lot of yard if they had to hold the screen enclosures back 3' per R302.1.

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)

The building official is contending that based on R317.2.1, a screen enclosure needs to be fire protected because it is considered an enclosed accessory structure. This would mean that the screen itself is considered a wall. A BOAF interpretation on this matter concluded that it is not an enclosed structure. However, the building official is not in agreement.

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

Florida Residential Code R317.2.1 Continuity includes "enclosed accessory structures". Fences are not required to be separated at lot lines because they are considered open. The screening of a screen enclosure is open to the atmosphere, and is not considered enclosed for fire and smoke purposes. Screens have also been allowed for emergency escape and rescue openings. Wouldn't the same logic apply to screen enclosures not being an "enclosed accessory structure"? 
A BOAF interpretation on this matter was not

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

History

Date Paid

Date Pending Building Official Response

Date Building Official Response

Date Submitted to BOAF

Date Accepted

Time Waiver Granted

Date Extended To

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