Florida Building Commission

Plenary Session

February 4-5, 2013

TradeWinds

5500 Gulf Boulevard,

St. Pete Beach, FL 33706

 

LEGAL REPORT

 

 

1.                 DS 2012-081 – By Joseph Scofield of Advanced Manufacturing & Power Systems Inc. 

 

1.      A Client intends to install an electrical generator set in an enclosure to provide emergency backup power to a hospital in the event of a loss of utility power.  There will be no other debris impact protection aside from the generator enclosure. 

According to FBC 419.4.2.9.6 “The emergency generator(s) shall be air or self-contained liquid cooled and it and other essential electrical equipment shall be installed in a protected area(s) designed and constructed to meet the structural requirements of the code and debris impact requirements of Sections 1626.2 through 1626.4”.

a.       Is the generator enclosure required to be tested and approved per Section 1626 of the 2010 Florida Building Code and bear either appropriate Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

 

Answer: As per Section 419.4.2.9.6 of the 2010 FBC, Building “the Code”, the generator enclosure in question must be constructed to meet the structural requirements of the Code and the debris impact requirements of Sections 1626.2 through 1626.4 as applicable.  Further, in order to demonstrate compliance with the debris impact requirements of the Code, the generator enclosure or its components must be either tested to TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 and 1626.3 as applicable or designed/constructed to meet the deemed to comply standards of Section 1626.4 as applicable. Product approval of the enclosure in question as meeting the debris impact requirements of the Code is subject to the review and discretion of the authority having jurisdiction.

 

2.      A Client intends to install an electrical generator set in an enclosure to provide emergency backup power to a Nursing Home in the event of a loss of utility power.  There will be no other debris impact protection aside from the generator enclosure. 

According to FBC 420.4.2.9.6 “The emergency generator(s) shall be air or self-contained liquid cooled and it and other essential electrical equipment shall be installed in a protected area(s) designed and constructed to meet the structural requirements of the code and debris impact requirements of Sections 1626.2 through 1626.4”.

a.       Is the generator enclosure required to be tested and approved per Section 1626 of the 2010 Florida Building Code and bear either appropriate Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

 

Answer: As per Section 420.4.2.9.6 of the 2010 FBC, Building “the Code”, the generator enclosure in question must be constructed to meet the structural requirements of the Code and the debris impact requirements of Sections 1626.2 through 1626.4 as applicable.  Further, in order to demonstrate compliance with the debris impact requirements of the Code, the generator enclosure or its components must be either tested to TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 and 1626.3 as applicable or designed/constructed to meet the deemed to comply standards of Section 1626.4 as applicable. Product approval of the enclosure in question as meeting the debris impact requirements of the Code is subject to the review and discretion of the authority having jurisdiction.

 

3.      A Client intends to install an electrical generator set in an enclosure to provide emergency backup power to an Enhanced Hurricane Protection Area (EHPA) as part of an Educational Facility Public Shelter in the event of a loss of utility power.  There will be no other debris impact protection aside from the generator enclosure. 

According to FBC 423.25.5 “When generators are installed, the facility housing the generator, permanent or portable, shall be an enclosed area designed to protect the generators from wind and missile impact. Air intakes and exhausts shall be designed and installed to meet the wind load and missile impact criteria. Generators hardened by the manufacturer to withstand the area’s design wind and missile impact criteria shall be exempt from the enclosed area criteria requirement.”

a.       Is the generator enclosure required to be tested and approved per Section 1626 of the 2010 Florida Building Code and bear either appropriate Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

 

Answer:    According to Section 423.25.5 of the 2010 Florida Building Code, Building (the Code); the generator enclosure or its components is required to be designed to protect the generator from wind and missile impact and thus the generator enclosure or its components must be tested and approved as meeting the impact requirements of Section 423.25.4.1 of the Code.

 

 

4.      A Client intends to install an electrical generator set in an enclosure to a commercial facility located in a High Velocity Hurricane Zone (HVHZ) to provide emergency backup power in the event of a loss of utility power.  The generator Set and enclosure will be installed on the roof of the facility.  There will be no other debris impact protection aside from the generator enclosure. 

 

According to FBC 1601.1 “The provisions of this chapter shall govern the structural design of buildings, structures and portions thereof regulated by this code. 
Exception: 
Buildings and structures located within the high-velocity hurricane zone shall comply with the provisions of Sections 1615 through 1626, and, as applicable in flood hazard areas, Section 1612.”

a.       Is the generator enclosure required to be tested and approved per Section 1626 of the 2010 Florida Building Code and bear either appropriate Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

 

Answer:   

Yes. The enclosure in question is part of a building which must be constructed to meet the structural requirements of the Code and the debris impact requirements of Sections 1626.2 through 1626.4 as applicable.  Further, in order to demonstrate compliance with the debris impact requirements of the Code, the generator enclosure or its components must be either tested to TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 and 1626.3 as applicable or designed/constructed to meet the deemed to comply standards of Section 1626.4 as applicable. Product approval of the enclosure in question as meeting the debris impact requirements of the Code is subject to the review and discretion of the authority having jurisdiction.

 

5.      A Client intends to install an electrical generator set in an enclosure to a commercial facility located in a High Velocity Hurricane Zone (HVHZ) to provide emergency backup power in the event of a loss of utility power.  The generator Set and enclosure will be installed on the ground floor of the facility.  There will be no other debris impact protection aside from the generator enclosure. 

 

According to FBC 1601.1 “The provisions of this chapter shall govern the structural design of buildings, structures and portions thereof regulated by this code. 
Exception: 
Buildings and structures located within the high-velocity hurricane zone shall comply with the provisions of Sections 1615 through 1626, and, as applicable in flood hazard areas, Section 1612.”

a.       Is the generator enclosure required to be tested and approved per Section 1626 of the 2010 Florida Building Code and bear either appropriate Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

 

Answer:   

Yes. The enclosure in question is a building which must be constructed to meet the structural requirements of the Code and the debris impact requirements of Sections 1626.2 through 1626.4 as applicable.  Further, in order to demonstrate compliance with the debris impact requirements of the Code, the generator enclosure or its components must be either tested to TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 and 1626.3 as applicable or designed/constructed to meet the deemed to comply standards of Section 1626.4 as applicable. Product approval of the enclosure in question as meeting the debris impact requirements of the Code is subject to the review and discretion of the authority having jurisdiction.

 

 

2.                    DS 2012-094 -  By Joseph Hetzel of DASMA 

Question 1:  Does the term “protection of openings” mean the same as the term “opening protection”, as found in the text of the referenced section, and specific to “protection from windborne debris”?

      Answer: Yes, the term “protection of openings” is analogous to the term “opening protection” as referenced in Section 1609.1.2 of the 2010 Florida Building Code, Building and specific to “protection from windborne debris.”

Question 2:  Is the non-glazed door required to comply with Section 1609.1.2?

      Answer: No, Section 1609.1.2 is specific to glazed products.

Question 3: If the non-glazed door is not required to comply with Section 1609.1.2, but it complies with the wind load requirements of the code, would the door also comply with the code as “opening protection”?

Answer: A non-glazed door is not required to be protected in accordance with Section 1609.1.2 in a non-HVHZ zone

Question 4:  Would the state-approved, glazed garage door rated for non-HVHZ impact resistance be acceptable for the job (which is outside the HVHZ) without an NOA?

      Answer: Yesif used as per the limits of use of the Product Approval.

 

3.                   DS 2012 -096 – By Ronald L. Rowe, Chief Building Official, City of Ocala 

RE: Project #1) In the scope of the work plan review for permitting the process of stabilizing an interior concrete slab, on grade, for a 2000 sq. ft. existing dwelling unit that was built in 2001, the application consists of injecting pressurized structural polyurethane resin through the slab, on grade, by using core drilled holes in which the polyurethane resin expands to lift/stabilize the concrete slab. This process has no control of the path of flow for the polyurethane resin in which direct contact with the slab on grade concrete is possible.

 Question – Does  injecting this pressurized structural polyurethane resin for soil stabilization thru the slab on grade for existing dwellings, with possible direct contact with the concrete slab on grade, constitute a violation of 2010 FBC-R Section 318.5?

Answer: No.  The application of Section R318.5 of the FBC, Residential is limited in scope to new construction.

RE:  Project #2)  In the scope of the work plan review for permitting the process of stabilizing an exterior foundation/footer for a 1450 sq. ft. existing dwelling unit that was built in 1985, the application consists of injecting structural polyurethane resin in the ground outside of the existing dwelling unit to provide structural support for the foundation /footer.  This process has no control of the path of flow for the polyurethane resin in which direct contact with the foundation/footer is possible.

Question - Does injecting this structural polyurethane resin into the ground outside the existing dwelling unit with possible direct contact with the foundation/footer constitute a violation of 2010FBC-R 318.5? 

Answer:  No. The provisions of Section R318.5 of the FBC, Residential do not apply to the projects in question.

 

4.                   DS 2012-097 – By Robert W. Moody, Jr. of Uretek Holdings, Inc. 

Question No. 1

Is the installation of a rigid structural geotechnical polymer into the ground as a method of

soil stabilization for an existing building prohibited by the 2010 Florida Building Code,

Residential, Chapter 3, Code Section R318.5?

 

Answer:  No.  The provisions of Section R318.5 of the FBC, Residential do not apply to the projects in question.

Question No. 2

Are soil stabilization techniques as discussed herein regulated by 2010 Florida Building Code –

Residential and/or Existing Building?

Answer: The applications of the soil stabilization techniques in question fall within the technical scope of the 2010 Florida Building Code, Existing Building and not the Florida Building Code, Residential.

  1. DS 2012-093 – By Lucy Yoon Park O LRK Inc.

Legal counsel is recommending dismissal of the declaratory statement for lack of jurisdiction.”