ISSUE: DS 2013-036. Petitioner seeks a Declaratory Statement on an interpretation of Section 402.4.3 of the 2010 Florida Building Code, Energy Conservation.

Petitioner in DS 2013-036 seeks clarification of the following question:

If the installation of gaskets as required in the FBC-EC has the effect of invaliding the listing of the factory-built fireplaces should the requirement of FFBC-M for tight fitting doors be the correct action during inspection?

If the answer is YES, then should the requirement for gasketed doors be removed from the code?

If the answer is NO, how can factory-built fireplaces with gasketed doors be installed when they violate the UL 127 listing?

In his petition, Mr. Jack Glenn of the Florida Home Builders Association, acting on behalf of Dream Custom Homes, Inc., describes a conflict between Section 402.4.3 of the Florida Building Code, Energy Conservation, and Section 903 of the Florida Building Code, Mechanical. Compliance with the FBC-EC will create a violation of the UL 127 listing as prescribed in FBC-M Section 903. According to information provided by Underwriters Laboratories, the installation of “gaskets” on factory- built fireplaces that are listed in accordance with UL 127 (Factory Built Fireplaces) will negate the approval shown by the listing.

Background:

1. Section 402.4.3 of the 2010 Florida Building Code, Energy Conservation, states: “Fireplaces. New wood-burning fireplaces shall have gasketed doors and outdoor combustion air.”

2. Section 903.1 of the 2010 Florida Building Code, Mechanical, states: “General. Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL 127.”

3. Dream Custom Homes is a custom home builder that offers wood burning fireplaces as an option to their customers. It is customary for the fireplace offered to be a factory-built fireplace from a number of different manufacturers as opposed to a site-built masonry fireplace.

4. In an email from Darren Meyers, PE, Technical Director for Energy Programs, Architectural & Engineering Services, International Code Council, Meyers states “To be clear, Section 402.4.3 addresses “wood-burning fireplaces.” We interpret this to mean “masonry fireplaces” constructed in accordance with the International Building Code, Section 2111, and NOT “Factory-built” fireplaces manufactured in accordance with the International Mechanical Code, Section 903. Our rational is derived from the confusion with respect to requirement for “gasketed doors,” since certain “factory-built” fireplaces are listed and labeled to burn wood (i.e. UL 127). In this regard, the intent of the Section 402.4.3 proviso is to mitigate air leakage during periods of non-use, but not where the conditions of fireplace installation are in violation of the UL 127 listing.”

5. Section 101.3 of the Florida Building Code, Energy Conservation, states: “Intent. This code shall regulate the design and construction of buildings for the effective use of energy. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve the effective use of energy. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.”

6. Section 102.1 of the Florida Building Code, General, states: “Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.”

7. Assuming a conflict in code exists, the code is not open for change at this time.

8. Should a code change be proposed, it could take the form of an exception to Section 402.4.3for factory-built fireplaces, rather than deleting the requirement.

Staff Recommendations: Based on the above facts and circumstances, staff provides the following recommendation in answer to proponent’s questions:

To the question, “If the installation of gaskets as required in the FBC-EC has the effect of invaliding the listing of the factory-built fireplaces should the requirement of FFBC-M for tight fitting doors be the correct action during inspection? the answer is YES, factory-built fireplaces listed and labeled in accordance with UL 127 shall be configured in accordance with their listing and need not meet the more general requirement for gasketed doors for new fireplaces in Section 402.4.3 of the Florida Building Code, Energy Conservation so as to not void their approval and/or cause an unsafe condition.

To the question, If the answer is YES, then should the requirement for gasketed doors be removed from the code?, an answer is not possible. This question falls outside the scope of the Declaratory Statement process.

To the question, If the answer is NO, how can factory-built fireplaces with gasketed doors be installed when they violate the UL 127 listing?, see the answer to Question 1.