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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

Broward

Jurisdiction

City of Tamarac

Building Official

Gary Jones

Address/Phone/Email

6011 Nob Hill Road
1st Floor
Tamarac, FL 33321
(954) 597-3420
garybj@tamarac.org

Petitioner Name

Richard Moore

Address/Phone/Email

41 Oak Village Blvd.
1634 SE Niemyer Cir
Port St. Lucie, FL 34952
(772) 335-1177
mastercraftalum@bellsouth.net

Petitioner Representative's Name

Joseph D. Belcher

Address/Phone/Email

41 Oak Village Blvd.
Homosassa, FL 34446
(352) 382-3873
jdbcs2@yahoo.com

Building Code Version

2004

Sub Code

Building

Chapter & Topic

Chapter 20 - Light Metal Alloys

Section

2003

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

Statement of Impact. This petition is filed on the behalf of the Aluminum Association of Florida (AAF), AAF contractor members, and AAF supplier members. The City of Tamarac has denied permit applications for screen enclosures with removable vinyl or acrylic panels. The local building official’s decision was appealed to the Broward County Board of Rules and Appeals and the interpretation was upheld. The substantial impacts to AAF members resulting from these decisions are the closing of some businesses and the loss of hundreds of thousands of dollars in revenue. To date, at least five businesses have closed, while other businesses have discontinued offering vinyl and acrylic panels until the issue is resolved. AAF members involved in the vinyl and acrylic panel industry report losses ranging from 25% to 50% of revenue totaling in the hundreds of thousands of dollars.

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)

Due to the limit of 2000 characters, the following is a summary of the Petitioner's contention. Please see the attached optional file Interp AAF Contention Broward Interpretation.pdf

Statement of Local Interpretation. The City of Tamarac Building Official has determined that since the vinyl and acrylic provisions are not contained in the high-velocity hurricane zone (HVHZ) portion of Florida Building Code, Building or the Florida Building Code, Residential, the provisions may not be used. The official further determined that jurisdictions within the HVHZ are prohibited from permitting the use of provisions contained in a non-HVHZ section of the code. The sole reason given for the denial is that the provisions are not contained in the portion of the code applying to the HVHZ. The local jurisdiction states “Acrylic windows as part of a screen enclosure are only allowed in the Non-HVHZ Zones of Florida. This was changed as of the FBC 2001 code.” … The local jurisdiction further states such structures may be designed as sunrooms.  The AAF disagrees with this interpretation and believes where a subject is not addressed by any HVHZ section and is addressed in a non-HVHZ section, the local building official may accept provisions contained in the non-HVHZ section.

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

Petitioner contends the interpretations in this case are incorrect. The interpretation infers that where the high-velocity hurricane zone (HVHZ) provisions are silent on the use of a material or method of construction, the material or method of construction is prohibited or banned in the HVHZ . In fact we believe such an interpretation constitutes discrimination against a material or method of construction. There is nothing in the Florida Building Code, Building (FBCB) or the Florida Building Code, Residential (FBCR) stating non-high-velocity hurricane zone code provisions shall not or may not be applied in the high-velocity hurricane zone. 

The Aluminum Association of Florida respectfully requests the BOAF Formal Interpretation Committee find that:

 
1.	The absence of provisions addressing a material or method of construction in the HVHZ sections of the Florida Building Code does not mean that material or method of construction cannot be used or built in the HVHZ. 
2.	The Committee state that non-HVHZ provisions addressing materials or methods of construction not addressed by the HVHZ provisions of the code may be used in the HVHZ when approved by the building official.

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

Prior to the adoption of the FBC 2001 and subsequent adoption of the FBC 2004, provisions in the predecessor code SFBC 1999 (Section 4403.1) permitted the installation of removable vinyl and acrylic panels in conjunction with screen rooms. Consequently there exists substantial numbers of such screen rooms in the City of Tamarac as well as other parts of Broward County. 
 
With the adoption of FBC 2001 and FBC 2004 such installations are permitted only in the Non High Velocity Hurricane Zones section of the code specifically FBC 2002.3.3. 
 
As to the petitioner’s contention that the removable vinyl or acrylic panel should be considered a “secondary member” we concur that such panel could be considered as such. Unfortunately that definition does not resolve the code issue as no provision in the code exempts secondary members from the requirements of design wind pressures based upon a “removable” capability and no information has been provided to indicate that the panels when installed will meet the design requirements provided for in Section 2003.7 and Section 1622.

The Petitioner addresses the use of alternative methods and materials as a way to allow for removable acrylic or vinyl windows when in fact the issue at hand is about the HVHZ code not having a provision to allow for any vinyl or acrylic window to be installed with the requirement of having to be removed when winds reach 75 MPH.

The Petitioner also states that the provisions of the non-HVHZ section 2002 may be used within the HVHZ with the approval of the Building Official.  When in fact section 2001.1 (exception) states that Buildings and Structures located within the HVHZ shall comply with the provisions of section 2003 but does not state that the Building Official as having the authority to allow otherwise.

History

Date Paid

02/13/2008

Date Pending Building Official Response

02/21/2008 02:15 PM

Date Building Official Response

02/26/2008

Date Submitted to BOAF

02/26/2008

Date Accepted

02/27/2008

Time Waiver Granted

Date Extended To

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