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	No
If Yes, have they rendered a decision on this issue	No

County	Brevard
Jurisdiction	City of Titusville

Building Official	Dan Preston
Address/Phone/Email	555S. Washington Ave Titusville, FL 32796 (321) 383-5845 amy.powell@titusville.com

Petitioner Name	David Clisset
Address/Phone/Email	23315 Shining Star Drive Land O Lakes, FL 34639 (813) 679-6399 david@divine-design.us

Petitioner Representative's Name
Address/Phone/Email

Building Code Version	2004
Sub Code	Building
Chapter & Topic	Chapter 3 - Use and Occupancy Classification
Section	302.3.1

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
Local code interpretation is requiring 1 hour rated fire wall between occupancies in Mixed use as defined by 302.3 and 302.3.2, which should not be required since the building is defined per Non-separated uses per 302.3.1. Installation of such fire ratings is burdensome to the project and owner.



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)
In a largely M-Mercantile occupancy, there are B-Business and S-1-Storage uses. We have defined the building use as Mixed use , then 302.3.1 Non-separated uses. The final sentence states: "Fire separations are not required between uses, except as required aby other provisions" Then the reviewer is indicating that we must adhere to section 302.3.2, which requires fire separaton between uses per tabel 302.3.2. Thereby requiring fire separations as outlined above. Dan Preston has indicated he would like to get a clear opinion on this question since the last phrase of the last sentence of 302.3.1 seems to not really be clear, although it quite possibly could be interpreted as exempting the building from 302.3.2, Separated uses. (i.e. - "all other provisions" except the subsection 302.3 that it is in, since the choice between 302.3.1 or 302.3.2 seems to imply it should be an either / or choice) This interpretation was given by the Building Official in a pre-submittal conference.



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
It seems that the choice for the entire building (or any portion of a building) as 302.3.1 Non-separated uses would preclude the inference of 302.3.2 being another provision of the code. The easiest way to define this could possibly be the simple addition of of some language in 302.3.1, alter the last phrase "except as required by--- other provisions" to suggested text: by---"all provisions other than Section 302.3.2 for the building or portion thereof so designated(or "so classified") under this Section" or some similar way of clarifying that the choice is either 302.3.1 or 302.3.2 once one or the other is chosen. (Apparently the intent is that a portion of a building could be classified as Non-separated uses and another portion as Separated Uses as outlined in 302.3 but not both Sections applied to the same building or same specific portion at the same time)

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

None

History

Date Paid

11/19/2007

Date Pending Building Official Response

11/29/2007 03:35 PM

Date Building Official Response

12/11/2007

Date Submitted to BOAF

12/11/2007

Date Accepted

12/13/2007

Time Waiver Granted

Date Extended To

Cancel View Comments

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 .