DEC REQUEST DS 2012-038 STAFF ANALYSIS

ISSUE: DS 2012-038. Petitioner seeks a Declaratory Statement on an interpretation of Section 202, Section 301.1, 301.11, 301.2.2, 304, Section 402.1, 402.2, 402.3, Section 403.1, 403.2, Section 502.2, and Section 613.2 of the Florida Building Code, Existing Buildings

Petitioner in DS 2012-038 seeks clarification of the following questions:

Issue 1

1. Using the Work Area Compliance method, is the replacement of a 1 horsepower residential swimming pool motor with a new 1 horsepower motor a “repair” as defined in Chapter 2, or is it a “Level 1 Alteration” as outlined in Chapter 4?

Petitioner respectfully submits that replacing a comparable pump-motor on an existing pump should be a “repair” to the pump, and the swimming pool structure, not a “Level 1 Alteration”.

2. Using the Work Area Compliance method, as it stated in Section 502.2, like materials shall be permitted for repairs and alterations, provided no dangerous or unsafe condition is created. Does the replacement of a swimming pool motor of the same horsepower or lesser horsepower created a dangerous or unsafe condition?

Petitioner respectfully submits that replacing a motor with a comparable motor of equal or lesser horsepower would not create a dangerous or unsafe condition.

4. Using the Prescriptive Compliance method under Chapter 3, is the replacement of a 1 horsepower

motor with a new 1 horsepower motor on an existing residential swimming pool a “repair” to the

swimming pool or is it an “Alteration” as defined in Chapter 2?

Petitioner respectfully submits that the above is a “repair”

Issue 2

3. Using the Work Area Compliance method, is the replacement of a 1 horsepower pump valued at $2,000 on a residential swimming pool with an assessed value of $10,000 deemed a minor replacement of materials as defined by Section 202? If no, then what numerical percentage should be used when trying to determine if the replacement of materials (pump) is minor? Or, is replacing a residential swimming pool pump not deemed a repair of the swimming pool and therefore must be considered a Level 1 Alteration without exception?

Petitioner respectfully submits that replacing a residential swimming pool pump should be deemed a minor replacement of materials.

5. Using the Prescriptive Compliance method under Chapter 3, is the replacement of a 1 horsepower

pump with a new 1 horsepower pump on an existing residential swimming pool a “repair” to the

swimming pool or is it an “Alteration” as defined in Chapter 2?

Petitioner respectfully submits that the above is a “repair”.

Issue 1 and 2

6. Using the Prescriptive Compliance method, is the replacement of a pump or pump-motor on an

existing residential swimming pool an ordinary repair as defined by section 304.1 exempt from

permit in accordance with Section 105.2?

Petitioner respectfully submits that since Section 105.2 of the code has been reserved and not written, that in the absence of any guidance from Section 105.2, that is exempt.

7. Using the Prescriptive Compliance method, when repairing the swimming pool by replacing a 1

horsepower motor or pump with a new 1 horsepower motor or pump (like for like), and with no

other changes or repairs being made, is a “dangerous condition” being created?

Petitioner respectfully submits that this repair does not alter the safety of an existing residential swimming pool, and any safety concerns that may have existed before the repair are unchanged. Therefore the repair is neither creating a safety concern nor is it mitigating any potential safety concerns.

Situation:

Ms. Karen McLead, representing Pinch A Penny, Inc. & The Cepcot Corporation, d/b/a Pinch A Penny, seeks clarification on certain sections of the 2010 Florida Building Code, Existing Building. Specifically, there are several definitions, scopes and applications set forth in Chapters 2,3,4,5 and 6 of the 2010 Florida Building Code, Existing Building, that require clarification so that they can determine which Chapter or Chapters of the Code they must follow for compliance.

Background:

Issue 1:

I have a customer with a residential swimming pool with a 1 horsepower pump that is no longer operating because a broken motor. To properly repair the pump, the motor needs to be replaced with a new motor. I would like to replace the motor with a new 1 horsepower motor to repair the pump. The new estimated cost of the new motor with installation is $300.00. The assessed value of the swimming pool is $10,000. I need to determine if the replacement motor is considered a repair, or it is a replacement, thereby classifying it as an alteration.

Issue 2:

I have a costumer whose 1 horsepower residential swimming pool pump is no longer operating and cannot be repaired. The customer wants to purchase a new 1 horsepower swimming pool pump to repair the swimming pool. The estimated cost of the new pump with installation is $1,000. The assessed value of the swimming pool is $10,000. I need to determine if replacing a swimming pool pump is deemed a “minor” repair as defined by Chapter 2, or whether it is a replacement, thereby classifying it as an alteration.

2010 Florida Building Code, Building

105.2 Work exempt from permit.

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following:

Mechanical:

Replacement of any part that does not alter its approval or make it unsafe.

105.2.2 Minor Repairs.

Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.

2010 Florida Building Code, Existing Building

Section 202 - General Definitions:

Alteration - Any construction or renovation to an existing structure other than a repair or addition.(emphasis added) Alterations are classified as Level 1, Level 2, and Level 3.

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. (emphasis added)

DANGEROUS. Any building, structure or portion thereof that meets any of the conditions described below shall be deemed dangerous:

1. The building or structure has collapsed, partially collapsed, moved off its foundation or lacks the support of ground necessary to support it.

2. There exists a significant risk of collapse, detachment or dislodgment of any portion, member, appurtenance or ornamentation of the building or structure under service loads.

UNSAFE. Buildings, structures or equipment that are unsanitary, or that are deficient due to inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or in which the structure or individual structural members meet the definition of "Dangerous,” or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed unsafe.

Chapter 3 – Prescriptive Compliance Method

Section 301 – General

301.1 Scope. The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing structures, including historic and moved structures as referenced in Section 101.5.1.

301.1.1 Compliance with other methods. Alterations, repairs, additions and changes of occupancy to existing structures shall comply with the provisions of this chapter or with one of the methods provided Section 101.5.

301.2.2 New and replacement materials. Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs and alterations, provided no hazard to life, health or property is created.

304.1 General. Buildings and structures, and parts thereof, shall be repaired in conformance with this section and with Section 301.2. Work on non-damaged components shall be considered part of the repair and shall not be subject to the requirements for alterations in this chapter. Routine maintenance required by Section 301.2, ordinary repairs exempt from permit in accordance with Section 105.2, and abatement of wear due to normal service conditions shall not be subject to the requirements for repairs in this section.

Chapter 4 - Classification of Work

Section 402 Repairs

402.1 Scope. Repairs, as defined in Chapter 2, include the patching or restoration or replacement of damaged materials, elements, equipment or fixtures for the purpose of maintaining such components in good or sound condition with respect to existing loads or performance requirements.

402.2 Application. Repairs shall comply with the provisions of Chapter 5.

402.3 Related work. Work on non-damaged components that is necessary for the required repair of damaged components shall be considered part of the repair and shall not be subject to the provisions of Chapter 6,7,8 9 or 10. (emphasis added)

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. (emphasis added)

403.2 Application. Level 1 alterations shall comply with the provisions of Chapter 6.

Chapter 5 – Repairs

Section 502 Building Elements and Materials

502.2 New and replacement materials. Except as otherwise required or permitted by this code,

materials permitted by the applicable code for new construction shall be used. Like materials shall be

permitted for repairs and alterations. provided no dangerous or unsafe condition. as defined in Chapter

2. is created. (emphasis added)

Chapter 6 - Alterations – Level 1

Section 613 - Residential Swimming Pools and Spas

SECTION 613 RESIDENTIAL SWIMMING POOLS AND SPAS

613.1 Existing Pool and Spa Components and Systems.

A pool or spa component or system undergoing alteration shall comply with Section R4101 of the Florida Building Code, Residential.

Exceptions: A level one alteration, as described in section 403, shall not require compliance with section R4101.17 of the Florida Building Code, Residential. The following alterations shall not require compliance with Section R4101 of the Florida Building Code, Residential:

1. Installation of pavers or coatings to an existing pool or spa deck.

2. Retiling a pool or spa.

3. Re-plastering or re-lining a pool or spa, except the drain cover must comply with the 2007 ASME A112.19.8 Standard.

4. Installation of a water filtration or sanitization component or system.

5. Installation of an automation or a time switch component or system.

6. Installation of a heating component or system.

613.2 Pool or Spa Suction Fittings.

Pool or spa circulation systems or components undergoing alteration shall comply with Section 6, Existing Pools and Spas, of the ANSI/APSP-7 Standard referenced in Section R4101.6.1 of the Florida Building Code, Residential.

Swimming Pool Industry "Common Practice" definitions:

Pump: A complete piece of equipment that is used to move water. Pumps may be used in

conjunction with filters or by themselves for fountains, therapy jet s, or for other non-filtration

purposes.

Motor: An integral component part of a pump that is used to operate the pump. Without such

part, the pump is no longer a pump.

Definitions of Repair and Replace:

Florida Building Code, Existing Building

Section 202

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.

Florida Building Code, Building

Section 201

201.4 Terms not defined. Words not defined herein shall have the meanings stated in the Florida Building Code, Plumbing, Mechanical and Fuel Gas, or the Florida Fire Prevention Code. Words not defined in the Florida Building Codes, shall have the meanings in Webster's Third New International Dictionary of the English Language, Unabridged.

Replace: 1. To place again: restore to former place, position, or condition. 2. To take the place of: serve as a substitute for or successor of: succeed, supplant. 3. To put in place of: provide a substitute or successor for. 4. To fill the place of: supply an equivalent for.

Staff Recommendations: Based on the above facts and circumstances, staff provides the following recommendations as answers to proponent’s questions:

Issue #1:

Question 1:

To the question, using the Work Area Compliance method, is the replacement of a 1 horsepower

residential swimming pool motor with a new 1 horsepower motor a “repair” as defined in Chapter

2, or is it a “Level 1 Alteration” as outlined in Chapter 4?

Answer: According to Section 402 of the FBC, Existing Building, the level of work in question falls under classification of work “repair”.

Question 2:

To the question, using the Work Area Compliance method, as it stated in Section 502.2, like

materials shall be permitted for repairs and alterations, provided no dangerous or unsafe condition

is created. Does the replacement of a swimming pool motor of the same horsepower or lesser

horsepower created a dangerous or unsafe condition?

Answer: According to Section 502.2 of the FBC, Existing Building “the Code”, only like materials are permitted for repair and thus for the project in question, only swimming pool motor of the same horsepower is permitted. Replacement of motor with a comparable product in accordance with the approved manufacturer installation instruction and the applicable codes would not create a dangerous or unsafe condition as defined in Section 202 of the Code.

Question 4:

To the question, using the Prescriptive Compliance method under Chapter 3, is the replacement of

a 1 horsepower motor with a new 1 horsepower motor on an existing residential swimming pool a

“repair” to the swimming pool or is it an “Alteration” as defined in Chapter 2?

Answer: According to Section 301.2.2 of the FBC, Existing Building, the level of work in question is permitted under both “repair” and “alteration”, provided no hazard to life, health or property is created.

Issue #2

Question 3:

(Part a)To the question, using the Work Area Compliance method, is the replacement of a 1 horsepower pump valued at $2,000 on a residential swimming pool with an assessed value of $10,000 deemed a minor replacement of materials as defined by Section 202?

Answer: No. According to Section 403.1 of the FBC, Existing Building “the Code”, the classification of work for the project in question is “Alteration – Level 1” which also falls within the scope of Section 613.1, Exception #4 of the Code.

(Part b) If no, then what numerical percentage should be used when trying to determine if the replacement of materials (pump) is minor?

Answer: A numerical percentage approach is not addressed within the Code for the determination of whether replacement of materials (pump) is minor.

(Part c) Or, is replacing a residential swimming pool pump not deemed a repair of the swimming pool and therefore must be considered a Level 1 Alteration without exception?

Answer: See answer to (Part a) above.

Question 5:

To the question, using the Prescriptive Compliance method under Chapter 3, is the replacement of

a 1 horsepower pump with a new 1 horsepower pump on an existing residential swimming pool a

“repair” to the swimming pool or is it an “Alteration” as defined in Chapter 2?

Answer: As per Section 301.2.2 of the FBC, Existing Building, the level of work in question is permitted under both “repair” and “alteration”, provided no hazard to life, health or property is created.

Issues 1 and 2

Question 6:

To the question, using the Prescriptive Compliance method, is the replacement of a pump or pump-

motor on an existing residential swimming pool an ordinary repair as defined by section 304.1

exempt from permit in accordance with Section 105.2?

Answer:

Option #1: No. See answers to the above stated questions with regard to the applicable classification of work to the issues of concern.

Option #2: According to Sections 105.2 of the Florida Building Code, Building, ordinary repairs may be made with the approval of the building official without a permit as long as replacement of the pump motor does not alter the pump approval or make the pump unsafe. With regard to replacement of the pump, see answers to the applicable questions as stated above.

Question 7:

To the question, using the Prescriptive Compliance method, when repairing the swimming pool by

replacing a 1 horsepower motor or pump with a new 1 horsepower motor or pump (like for like),

and with no other changes or repairs being made, is a “dangerous condition” being created?

Answer: Replacement of 1 horsepower motor or pump with comparable products in accordance with the approved manufacturer installation instruction and the applicable codes would not create a dangerous or unsafe condition as defined in Section 202 of the Code.