STATE OF
BUILDING COMMISSION
In the Matter of
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Kenneth Gregory of Holland Pools joined by Robert Deatherage, Osceola County Building Official, which was received on December 25, 2009, and subsequently amended on January 7, 2010. Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, it is hereby ORDERED:
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. The Petitioner is a pool contractor in
3. The Petitioner submitted a permit application
to
4. The Petitioner asks three questions regarding this project:
(a). Does Section 1004.1.1, FBC Building, apply to an outdoor public swimming pool for the purpose of determining occupancy load as per Table 1004.1.1; and, applying Section 1008.1.9, does the Code require panic hardware on the required gates, in addition to the barrier requirements of Rule 64E-9, F.A.C. and Section 424.1.3.1.9.
(b) Does Section 1004.1.1,
(c) Does the Code require that the sanitary facilities required for the Cabana bath be added to the ones required for by the pool?
Conclusions of Law
1. The
2. According to Section 303 of the FBC, Building, pool enclosure including deck area with an occupant load of 50 or more is to be classified Assembly Group A-4.
3. According to Section 1004.8 of the FBC, Building, outdoor areas accessible to and usable by the building occupants must be provided with means of egress as per Chapter 10 of the FBC, Building.
4. According to Section 1004.1 of the FBC, Building, in determining means of egress requirements, the number of occupants must be determined in accordance with Section 1004.1.1.
5. Sanitary facilities for a public swimming pool including deck area must be in accordance with Section 403.8 of the FBC, Plumbing.
6. Fixture count for the cabana is subject to Section 403.1 of the FBC, Plumbing.
7. In response to the Petitioner’s first question, in addition to meeting the requirements of Section 424.1.3.1.9, the project in question falls under Assembly Group A Occupancy and is subject to the requirements of Chapter 10, Means of Egress, including Table 1004.1.1, 1008.2 and 1008.1.9 as applicable.
8. In response to the Petitioner’s second question, the plumbing fixture count for the pool and the open deck area is subject to the requirements of Section 403.8 of the FBC, Plumbing.
9. In response to the Petitioner’s final
question, the project in question consists of two separate facilities which can
be either treated independently or together with regard to the required fixture
count.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED
this ______ of _____________, 2008, in
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2008.
______________________________
PAULA P. FORD
Commission Clerk
Via
Kenneth Gregory Mo Madani, C.B.O. Manager
Robert Deathererage