December 25, 2009

DEPt OF COMMUNITY AFFAIRS GENERAL COUNSEL'S OFFICE

PETITION FORADECLARATORY STATEMENT BEFORE THE FLORIDA BUILDING COMMISSION

ISSUE: Recently we had a permit application rejected by the Osceola

County Building Department. The permit number is P-09-003284 for a

commercial swimming pool. We submitted sealed plans approved by the Florida State Health department.

We were rejected because we did not submit plans showing the use of "Panic Hardware" on the gates that were shown on our plans, and also rejected because we did not show the required number of sanitary facilities.

This plan was approved by the Florida State Health Department and meets the requirements for sanitary facilities and deck areas according to 64E

9.006.4.2 and the Florida Building Code 424.1.6.1.

The Cabana bath facility has a "community room" of approximately 800 sq ft. The provided exit out of this room does not empty into the pool area but instead into the parking lot. This facility will be mostly unoccupied which is typical for these types of facilities. This facility will only be used by persons using this residential community pool.

Our questions are as follows:

1. Does Florida Building Code 1004.1.1 Areas Without Fixed Seating apply to an outdoor public swimming pool for the purpose of deteming occupancy load as per the provided chart 1004.1.1? Then