Florida Building Code Online

Florida Department of Business & Professional Regulation

Florida Building Codes
USER: Public User

Binding Interpretations Menu > Petition Detail

Petition #

Do you have a Local Board of Appeals

If Yes, have they rendered a decision on this issue

County

Flagler

Jurisdiction

County of Flagler

Building Official

Gary Hiatt

Address/Phone/Email

1769 Moody Blvd.
Suite 106
Bunnell, FL 32110
(386) 313-4002
ghiatt@flaglercounty.org

Petitioner Name

Leonard Gaspary

Address/Phone/Email

400 North U.S. Highway 1
Ormond Beach, FL 32174
(386) 672-8494
len@totalcomfortfl.com

Petitioner Representative's Name

Address/Phone/Email

Building Code Version

2004

Sub Code

Fuel Gas

Chapter & Topic

Chapter 4 - Gas Piping Installations

Section

401.2

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

Current interpretation causes increased cost to the consumer because of placing tanks in more distant locations that are not conducive for delivery.  In some cases interpretation prevents the consumer from obtaining LP gas and therefore not being able to use gas appliances and standby generators.     	
     We are seeking a binding interpretation of this rule in line with NFPA’s interpretation that:
“If the adjacent property can be built upon, and if there are no setbacks, the tank must be a minimum of 10 ft from the property line. If there is a zoning setback of 10 ft, and the community has a history of not granting variances without thorough study, the tank can be installed at the property line.”

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)

Building officials in area of operation are interpreting location of tank to be from the property line, not the distance from the line that can be built upon when current setbacks are taken into account.
     Most building departments in our operating area are interpreting this rule in the same manner.

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

According to NFPA 58
Paragraph 3-2.2.2 states that this distance from the tank is measured to the "line of adjoining property that can be built upon". 
In an interpretation by NFPA they state “If the adjacent property can be built upon, and if there are no setbacks, the tank must be a minimum of 10 ft from the property line. If there is a zoning setback of 10 ft, and the community has a history of not granting variances without thorough study, the tank can be installed at the property line.”
The above interpretation can be seen on NFPA’s website at the following link: http://www.nfpa.org/faq.asp?categoryID=924&cookie%5Ftest=1

	We are seeking a binding interpretation of this rule in line with NFPA’s interpretation that:
“If the adjacent property can be built upon, and if there are no setbacks, the tank must be a minimum of 10 ft from the property line. If there is a zoning setback of 10 ft, and the community has a history of not granting variances without thorough study, the tank can be installed at the property line.”

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

Cancel

The State of Florida is an AA/EEO employer. Copyright 2007-2013 State of Florida. :: Privacy Statement :: Accessibility Statement :: Refund Statement

Under Florida law, email addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. To determine if you are a licensee under Chapter 455, F.S., please click here .