DEC
REQUEST DS-2014-037 STAFF ANALYSIS
ISSUE: DS-2014-037. Petitioner Wayne R. Thorne,
representing Longboat Key Building Department seeks a Declaratory Statement on section
3109.1.1 Exception of the
Florida Building
Code, Building.
Petitioner seeks
clarification of the following questions:
Question 1: 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?
Question 2: As it relates to the
definitions of repair, would sealing of fractures and fissures be considered a
repair or modification?
Question 3: 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?
Question 4: As it relates to the definitions
of repair, would replacement of reinforcements or ties, or realignment of
sprung reinforcements, be considered repair or 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?
Background:
Situation:
At
Longboat Key there is a tourism unit community built in 1974 that is
non-compliant as to the flood elevations.
The buildings have been abandoned for a number of years now and there
has been discussion to perform repairs to the buildings to re-occupy. There are many buildings seaward of the
coastal construction central line. Most
buildings are on short concrete piers with a continuous footing below grade,
and three buildings on masonry piers.
The piers have extensive fractures, fissures, and even spalled
concrete. These conditions have exposed
heavily corroded reinforcements and ties.
During discussions, part of the proposal of work is to repair the concrete
and masonry piers.
2010
Florida Building Code, Building
Section 3109.1.1 Exception - 3109.1.1
Scope.
The provisions of Section 3109
shall ensure that structures located seaward of the coastal construction
control line are designed to resist the predicted forces associated with a
100-year storm event and shall apply to the following:
1. All habitable structures which extend
wholly or partially seaward of a coastal construction control line (CCCL) or
50-foot (15.3 m) setback line.
2. Substantial improvement of or additions
to existing habitable structures.
3. Swimming pools that
are located in close proximity to a habitable structure or armoring. An
environmental permit from the Florida Department of Environmental Protection,
requiring special siting considerations to protect the beach-dune system,
proposed or existing structures and public beach access, is required prior to
the start of construction. The environmental permit may condition the nature,
timing and sequence of construction of permitted activities to provide
protection to nesting sea turtles and hatchlings and their habitat, including
review, submittal and approval of lighting plans.
Exception: The standards for
buildings seaward of a CCCL area do not apply to any modification, maintenance
or repair of any existing structure within the limits of the existing
foundation which does not require, involve or include any additions to, or
repair or modification of, the existing foundation of that structure.
202
Definitions:
Repair - The reconstruction
or renewal of any part of an existing building for the purpose of its
maintenance.
2010 Florida Building
Code, Existing Buildings Section 202 Definitions:
Repair - The patching,
restoration and/or minor replacement of materials, elements, components,
equipment and/or fixtures for the purposes of maintaining such materials,
elements, components, equipment and/or fixtures in good or sound condition.
ALTERATION. Any construction or renovation to an existing structure other than
a repair or addition. Alterations are classified as Level 1, Level 2,
and Level 3.
SECTION 403
ALTERATION—LEVEL 1
403.1 Scope.
Level 1 alterations include the
removal and replacement or the covering of existing materials, elements,
equipment, or fixtures using new materials, elements, equipment, or fixtures
that serve the same purpose. Level 1 alterations shall not include any removal,
replacement or covering of existing materials, elements, equipment or fixtures
undertaken for purpose of repair as defined in Chapter 2 and described in
Section 402.
The 2013 Florida Statutes
161.053 Coastal construction and excavation; regulation on
county basis.—
(11)(a) The coastal construction
control requirements defined in subsection (1) and the requirements of the
erosion projections in subsection (5) do not apply to any modification,
maintenance, or repair of any existing structure within the limits of the
existing foundation which does not require, involve, or include any additions
to, or repair or modification of, the existing foundation of that structure.
Specifically excluded from this exemption are seawalls or other rigid coastal
or shore protection structures and any additions or enclosures added,
constructed, or installed below the first dwelling floor or lowest deck of the existing
structure. The Florida Building Commission may not adopt any rule having the
effect of limiting any exceptions or exemptions contained within this
paragraph.
(b) Activities seaward of the
coastal construction control line which are determined by the department not to
cause a measurable interference with the natural functioning of the coastal
system are exempt from the requirements of subsection (4).
(c) The department may establish
exemptions from the requirements of this section for minor activities
determined by the department not to have an adverse effect on the coastal
system. Examples of such activities include, but are not limited to:
1. Boat moorings;
2. Maintenance of existing beach-dune vegetation;
3. The burial of seaweed, dead fish, whales, or other marine
animals on the unvegetated beach;
4. The removal of piers or other derelict structures from the
unvegetated beach or seaward of mean high water;
5. Temporary emergency vehicular access, if the affected area
is immediately restored;
6. The removal of any existing structures or debris from the
upland, if there is no excavation or disturbance to the existing topography or
to beach-dune vegetation;
7. Construction of a new roof overhang extending no more than
4 feet beyond the confines of the existing foundation during modification,
renovation, or reconstruction of a habitable structure within the confines of
the existing foundation of that structure which does not include any additions
to or modification of the existing foundation of that structure;
8. Minor and temporary excavation for the purpose of repairs to
existing subgrade residential service utilities (e.g., water and sewer lines,
septic tanks and drainfields, electrical and telephone cables, and gas lines),
if there is minimal disturbance and the grade is restored with fill compatible
in both coloration and grain size to the onsite material and any damaged or
destroyed vegetation is restored using similar vegetation; and
9. Any other minor construction that has an effect similar to
the above activities.
Staff Analysis: Based on the above
facts and circumstances, staff provides the following analysis:
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.