Florida Building Commission

SPECIAL OCCUPANCY TAC

MINUTES

April 3, 2014 at 1:30 PM.

 

Meeting conducted via teleconference/webinar:

https://suncom.webex.com/suncom/j.php?ED=269105217&UID=492507407&RT=MiMxMQ%3D%3D

Teleconference: 1-888-670-3525  Code: 6062326940

public point of access: Department of Business and Professional Regulation

Northwood Centre, Suite 90, 1940 North Monroe Street, Tallahassee, FL 32399    (850) 487-1824

 

TAC Objectives

SPECIAL OCCUPANCY TAC

Members Present: Chairman: Darryl Phillips, Mark Boutin, Frank Frail, James Ginas, Wayne Young, Ken Cureton.

Alternates Present: Tony McNeal for Gene Chalecki.

Members Absent: Hubert Baxter, Gene Chalecki, Charles Frank, Bob Vincent.

No longer on TAC: Cam Fentriss.

Guests Present Online:  Petitioner: Kathleen Morgan,  Petitioner’s Consultant; Robert Shafer and Petitioner’s Attorney; Scott Rudacille.

Staff Present: Mo Madani, Marlita Peters, Jim Richmond, April Hammonds, Jim Hammers

Objective – To consider, discuss and provide recommendations for consideration by the Commission on two requests for Declaratory Statement.

 

Meeting Minutes

Objective

 

1)

Welcome and Opening Remarks. Meeting began at 1:30pm with meeting protocols regarding cell phones and personal identification.

2)

Roll Call was conducted with a quorum present.

3)

Review and Approval of Meeting Agenda

Frank Frail provided a motion to approve the Agenda as presented with a second from Ken Cureton.  Unanimous approval.

4)

Review and Approval of Meeting Minutes of August 6, 2013

Mr. Frail provided a motion to approve the previous meeting minutes of August 6, 2014 with a second from Mr. Cureton.  Unanimous approval.

5)

Review and make recommendation to the Commission regarding:

DS2014-035 by Kathleen Morgan, Leah Marie Enterprises, LLC.

Attorney, Scott Rudacille provided a brief overview of the request for Declaratory Statement DS2014-035.  Mr. Mo Madani provided the staff analysis.  With little discussion, Ken Cureton provided a motion to accept staff analysis, seconded by Mark Boutin.  Unanimous approval.

 

As approved by TAC:

Question 1: Does a voluntary alteration project to a pre-FIRM single-family residential structure involving removal of more than 30% of the truss system in order to create a tray or vaulted ceiling constitute Substantial Structural Damage pursuant to FBC Existing Building Section 202, or is it reviewed as a structural alteration under FBC Existing Building Section 807.4?”,

Answer/Petitioner:  The project would not be classified as “Substantial Structural Damage” and would be reviewed under 807.4.

 

Question 2:  If an alteration project is deemed to be Substantial Structural Damage under FBC Existing Building Section 202, is it automatically deemed to also be Substantial Damage for flood design requirements, regardless of whether the project meets the definitions of Substantial Damage and Substantial Improvement in FBC Section1612.2 (ie. The “50% Rule”)?”

Answer/Petitioner:  The answer is no.  Regardless of the impact to the roof system, flood design requirements for new construction are only triggered if the project exceeds the “50% Rule”, as described in the definition of Substantial Damage and Substantial Improvement in FBC Section 1612.2.

 

6)

Review and make recommendation to the Commission regarding:

DS2014-037 by Wayne R. Thorne, Building Official of Longboat Key Building Department.

Mr. Wayne Thorne provided a brief overview of his request for Declaratory Statement DS2014-037.  Mr. Madani provided the staff analysis.  Mr. Throne had a few clarifying questions.  Mr. Boutin provided a motion to accept the staff analysis, seconded by Mr. Cureton.  Unanimous approval.

 

As approved by TAC:

Question 1:

To the question” As it relates to noncompliant flood elevation buildings, is it the intent of the Florida Building Code, Building Section 3109.1.1 exception to prevent any repairs and require the building to become compliant by elevating them on new foundations, relocating the building, or rebuild the buildings at the minimum required elevation?”,  the answer is not possible.  This question is general and falls outside the scope of the declaratory statement process.

Question 2:

To the question” As it relates to the definitions of repair, would sealing of fractures and fissures be considered a repair or modification?”, the answer is repair.  The work in question is considered patching/restoration of building elements for the purpose of maintaining such elements in good condition and thus falls within the scope of “Repair” as defined in Section 202 of the Florida Building Code, Existing Building.

 

Question 3:

To the question” As it relates to the definitions of repair, would cleaning of corroded                                                         reinforcements and applying concrete patching or filling the spalled areas be considered a repair or modification?”,  ?”, the answer is repair.  The work in question is considered patching/restoration of building elements for the purpose of maintaining such elements in good condition and thus falls within the scope of “Repair” as defined in Section 202 of the Florida Building Code, Existing Building.

 

Question 4:

To the question” As it relates to the definitions of repair, would replacement of reinforcements or ties, or realignment of sprung reinforcements, be considered repair or modification?”,  the  answer is alteration/modification.  As per Section 403.1 of the 2010 Florida Building Code, Existing Building, the work in question falls within the scope of Level 1 Alteration and thus is considered alteration /modification.

Question 5:

Would Florida Building Code, Building Section 3109.1.1 exception have the same requirements if the building was built as compliant with a pile foundation and for the flood elevation? ”, Answer is not possible.  This question falls outside the scope of the project in question.

 

7)

Other Commission business - None provided.

8)

Public Comment – None provided.

9)

Member Comment – None provided.

10)

Schedule next meeting - To be determined.

11)

Adjournment. 2:08pm

 

 

 

Staff Contacts: Marlita Peters, Marlita.peters@myfloridalicense.com, (850) 922-6864; Mo Madani, mo.madani@myfloridalicense.com

Note: This document is available to any person requiring materials in alternate format upon request.  Contact the Department of Business and Professional Regulation, Office of Codes and Standards, 1940 N. Monroe Street, Suite 90, Tallahassee, Florida 32399-0772 or call 850-487-1824.