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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	Alachua
Jurisdiction	University of Florida

Building Official	David Kramer
Address/Phone/Email	UF Environmental Health & Safety P. O. Box 112200 Gainesville, FL 32611-2200 (352) 392-1904 dkramer@admin.ufl.edu

Petitioner Name	Paul Macheske
Address/Phone/Email	2361 Foliage Oak Terrace Oviedo, FL 32766 (407) 359-2868 pmacheske@huntonbrady.com

Petitioner Representative's Name	HuntonBrady Architects, P.A.
Address/Phone/Email	800 North Magnolia Avenue Suite 600 Orlando, FL 32803 (407) 839-0886 pmacheske@huntonbrady.com

Building Code Version	2001
Sub Code	Mechanical
Chapter & Topic	Chapter 27 - Mechanical Systems
Section	603.4 Nonmetallic ducts

If permitted, date of permit application	06/22/2004

Enter explanation of how the Petitioner's substantial interests are being affected by the local interpretation of the Florida Building Code
Group B - Business Occupancy Research Lab Project is one month from substantial completion. 6' maximum lengths of UL 181, Class 1 Non-metallic flexible air connector, providing a connection from 357 separate diffusers to metal exhaust duct in general, non-hazardous lab work areas, break rooms and similar areas have been installed. The product used complies with FBC 603.5.2 & NFPA 45-8.5.1 (1) and 8.5.2 - adopted by SFM per Florida Statutes 69A-3; and is installed per manufacturer requirements, as required by FBC 304.1. All exhaust connections from lab fume hoods are completely metal. Local AHJ is requiring all portions of the non-metallic flexible connectors to be replaced with metal from the diffuser to the metal exhaust duct, which will delay occupancy of the building and requires significant expense.



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)
AHJ has ruled that FBC, Mechanical, 501.5, requiring metal for exhaust duct, prevents him from accepting the non-metallic flexible air connectors that have been installed from the diffuser to the metal duct.



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
The installed product is limited to 6' connections to the metal exhaust duct in a non-hazardous (perfectly breathable) air environment and complies with the above referenced sections of FBC and NFPA 45. In accordance with FBC 101.3.1, the product in this application does not pose a threat to public safety, health and general welfare. Further, use of exhaust components other than metal are acknowledged in FBC 510.8, which allows non-metallic ducts in exhaust and contradicts FBC 501.5. FBC 104.11 Empowers the building official to accept "Alternative materials......The provisions of this code are not intended to prevent the installation of any material....provided that any such alternative has been approved (compliant with FBC 603.5.1 & FBC 603.5.2). An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety...". Thank you for this consideration.

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

04/14/2006

Date Pending Building Official Response

04/19/2006 10:39 AM

Date Building Official Response

05/12/2006

Date Submitted to BOAF

05/12/2006

Date Accepted

07/08/2006

Time Waiver Granted

Date Extended To

12/31/2006

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