Staff Analysis for Declaratory Statement Request DS2017-045

Issue: Petitioner seeks a declaratory statement concerning technical definitions of Sections R303.4, R101.4.9, and R402.4.1.2.

Background:

The Petitioner Andrew C. Äsk, Cape Coral MEP Consulting Engineer, seeks a declaratory statement concerning Sections R303.4, R101.4.9, R402.4.1.2 of the 5^th Edition (2014) Florida Building Code, Energy Conservation. In particular the Petitioner refers to the requirement for mandatory blower door testing that has gone into effect as of July 1^st, 2017. The Petitioner feels that the new code previsions contain a number of technical terms, and feels that those technical terms have no common meaning. The Petitioner states that these terms need to be defined unambiguously so that all affected parties understand what is required. Absent these definitions the Petitioner feels that the code sections are vague and will be difficult to enforce.

Terms that need to be defined per the Petitioner: Air Change, Air Changes per Hour, Air Change Rate (ACH), Air Leakage rate, Air Infiltration Rate, Blower Door, Building Volume, Infiltration Volume, and xACH50.

Question:

Do the listed terms have a meaning that is generally-accepted and well-known within and by the construction industry, clear and unambiguous enough so that buildings can be designed, constructed, and tested so as to comply with the Sections R303.4, R101.4, and R402.4.1.2, and can such compliance be accurately reported to and evaluated by building officials?

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REFERENCES:

2016 Supplement (Code Fixes) to the 5th Edition (2014) Florida Building Code as per HB 535 and SB 1602

5th Edition (2014) Florida Building Code, Energy Conservation

R101.4.9 Blower door testing. The mandatory blower door testing for residential buildings or dwelling units as contained in section R402.4.1.2 of the Florida Building Code, 5th Edition (2014) Energy Conservation, shall not take effect until July 1, 2017, and shall not apply to construction permitted before July 1, 2017.

R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding 7 air changes per hour in Climate Zones 1 and 2, and 3 air changes per hour in Climate Zones 3 through 8. Testing shall be conducted with a blower door at a pressure of 0.2 inches w.g. (50 Pascals). Testing shall be conducted by either individuals as defined in Section 553.993(5) or (7), Florida Statutes or individuals licensed as set forth in Section 489.105(3)(f), (g), or (i) or an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope.

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2016 Supplement (Code Fixes) to the 5th Edition (2014) Florida Building Code as per HB 535 and SB 1602

5th Edition (2014) Florida Building Code, Mechanical

401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. Where the air infiltration rate in a dwelling unit is less than 3 air changes per hour when tested with a blower door at a pressure of 0.2-inch water column (50 Pa) in accordance with Section 402.4.1.2 of the Florida Building Code, Energy Conservation, the dwelling unit shall be ventilated by mechanical means in accordance with Section 403.

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2016 Supplement (Code Fixes) to the 5th Edition (2014) Florida Building Code as per HB 535 and SB 1602

5th Edition (2014) Florida Building Code, Residential

R303.4 Mechanical ventilation. Where the air infiltration rate of a dwelling unit is less than 3 air changes per hour when tested with a blower door at a pressure of 0.2 inch w.c (50 Pa) in accordance with Section R402.4.1.2 of the Florida Building Code, Energy Conservation the dwelling unit shall be provided with whole-house mechanical ventilation in accordance with Section M1507.3.

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5th Edition (2014) Florida Building Code, Energy Conservation

Chapter 2 [RE] - Definitions

Section R201 - GENERAL

R201.1 Scope. Unless stated otherwise, the following words and terms in this code shall have the meanings indicated in this chapter.

R201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural includes the singular.

R201.3 Terms defined in other codes. Terms that are not defined in this code but are defined in the Florida Building Code, Building; Florida Fire Prevention Code; Florida Building Code, Fuel Gas; Florida Building Code, Mechanical; Florida Building Code, Plumbing or the Florida Building Code, Residential shall have the meanings ascribed to them in those codes.

R201.4 Terms not defined. Terms not defined by this chapter shall have ordinarily accepted meanings such as the context implies.

Note:

The petitioner respectfully believes the answer to the question stated above is “NO.” If so, the Building Commission is urged to make the meaning of the referenced code sections clear and unambiguous by directing petitioner to use the following definition when interpreting and applying the referenced code sections…..(for more info. please see attached petition).

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Staff Analysis

Questions:

Answer:

Petition has no particular facts and circumstances and calls for a statement of general applicability; therefore, answering this petition for declaratory statement would be legally improper.