DEC REQUEST DS-2014-043 STAFF ANALYSIS

ISSUE: DS-2014-043. Petitioner Donald L. Fuchs Jr., representing the City of Oviedo, seeks a Declaratory Statement on section R101.2 of the Florida Building Code, Residential and the 2008 NEC.

Petitioner seeks clarification of the following question:

Question: Since a townhouse unit is consider a single family dwelling unit with zero lot lines, must each townhouse unit have their own separate utilities including the electric, fire sprinkler system if required, and water/sewer service contain within their own property?

Background:

Petition:

The City of Oviedo has a townhouse project "The Hampton" starting soon. Townhouse are consider single family resident. This project has the electric services and A/C units not attached to the single townhouse but rather a bank of electric services and grouping of the A/C units on common property. They are proposing to install chases with an easement under each dwelling unit though the next unit until the end unit at which time they will be placed outside in a common area of the "building". This "easement" will be under the each unit crossing their property line. These are fee simple townhouse.

The Petitioner respectfully believes the answer is yes to the question outlined above. This type of installation of the electrical service along with the A/C units, water/sewer and fire sprinkler system as proposed would typically be seen in a condo or apartment complex situation but not a single family home. The owners will not have total control of their services and/or equipment since they are not on their property.

2010 Florida Building Code, Residential

SECTION R202 DEFINITIONS

TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units with property lines separating each unit in which each unit extends from foundation to roof and with a yard or public way on at least two sides.

LOT. A portion or parcel of land considered as a unit.

LOT LINE. A line dividing one lot from another, or from a street or any public place.

R101.2 Scope.
The provisions of the Florida Building Code, Residential shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

R302.2 Townhouses.
Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302.1 for exterior walls.

SECTION P2602 INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL

P2602.1 General.

The water-distribution and drainage system of any building or premises where plumbing fixtures are installed shall be connected to a public water supply or sewer system, respectively, if available. When either a public water-supply or sewer system, or both, are not available, or connection to them is not feasible, an individual water supply or individual (private) sewage-disposal system, or both, shall be provided.

2010 Florida Building Code, Building

101.3 Intent.

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

SECTION 202 DEFINITIONS

BUILDING LINE. The line established by law, beyond which a building shall not extend, except as specifically provided by law.

F.S. 481.203 Definitions

“Townhouse” is a single-family dwelling unit not exceeding three stories in height which is constructed in a series or group of attached units with property lines separating such units. Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls meeting the requirements for zero clearance from property lines as required by the type of construction and fire protection requirements; or shall be separated by a party wall; or may be separated by a single wall meeting the following requirements:

BOAF Informal Interpretation:

Date: Sun July 1 2007

Report#: 5195

Code: Electrical

Section: 230.2, 230.70 (A)1

Florida Building Code

Informal Interpretation

Question: Is it the intent of the electric code to require that each individual townhome in a group of townhomes be served by a separate service and service equipment located on each individual townhome? Conversely, would it be permitted per the electrical code to "bank" the several meters and associated service equipments at the end of each group of townhomes?

Answer:

No to both questions, based on the following commentary.

Commentary:

Townhomes by Florida definition are separate buildings (see Florida statute 481.203(7)),

therefore requiring separate permits and COs and utility services. NEC 230.70(A)(l) and

240.24(B) require the disconnecting means to be readily accessible. If not on the individual

town home, the disconnect could be mounted on someone elses property and not considered readily accessible. Further, the electrical code does not speak to where the service is on a town home, or other structure, merely that it is to be readily accessible. The problem that arises is the fee simple property owner owns the dirt under the unit and the sky above it. The fee simple owner does not own any common property under, over or through another unit. If individual A owns a unit, and desires to dig up the floor to install a sunken living room hot tub, or just because he wants to, he may. This could cut any utility feeds or sewer lines under the slab. The affected party would have no recourse. This is not the same as a condo where the owner only has control of the area inside of the paint, and not the structure. Therefore each unit must have it's own service located on the unit.

Notice: The Building Officials Association of Florida, in cooperation with the Florida Building Commission, the Florida Department of Community Affairs, SBCCI, and industry and professional experts offer interpretations of the Florida Building Codes in the interest of consistency in their application statewide. They are informal, non-binding and subject to

acceptance and approval by the local building official.

NFPA-70 - 2008 NEC

-Article 100 Definitions

Building – A structure that stands alone or that is cut off from adjoining structures by fire walls with all openings therein protected by approved fire doors.

Dwelling unit – A single unit, providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, and sanitation.

Service – The conductors and equipment for delivering electric energy from the serving utility to the wiring system of the premises served.

Service Drop. The overhead service conductors from the last pole or other aerial support to and including the splices, if any, connecting to the service-entrance conductors at the building or other structure.

– Article 230 Services

230.2 Number of Services. A building or other structure served shall be supplied by only one service unless permitted in 230.2(A) through (D). For the purpose of 230.40, Exception No. 2 only, underground sets of conductors, 1/0 AWG and larger, running to the same location and connected together at their supply end but not connected together at their load end shall be considered to be supplying one service.

(Emphasis added)

230.40 Number of Service-Entrance Conductor Sets. Each service drop or lateral shall supply only one set of service-entrance conductors.

230.70 General. Means shall be provided to disconnect all conductors in a building or other structure from service-entrance conductors.

(A) Location. The service disconnecting means shall be installed in accordance with 230.70(A)(1), (A)(2), and (A)(3).

(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside of a building or structure or inside the nearest point of entrance of the service conductor.

230.72 Grouping of Disconnects

(A) General. The two of six disconnects as permitted in 230.71 shall be grouped. Each disconnect shall be marked to indicate the load served.

Exception: One of the two to six service disconnecting means permitted in 230.71, where used only for a water pump also intended to provide fire protection, shall be permitted to be located remote from the other disconnecting means.

(C) Access to Occupants. In a multiple-occupancy building, each occupant shall have access to the occupant’s service disconnecting means.

Exception: In a multiple-occupancy building where electric service and electrical maintenance are provided by the building management and where these are under continuous building management supervision, the service disconnecting means supplying more than once occupancy shall be permitted to be accessible to authorized management personnel only.

Article 240 – Overcurrent Protection

240.24 Location in or on Premises

(B) Occupancy. Each occupant shall have ready access to all overcurrent devices protecting the conductors supplying that occupancy, unless otherwise permitted in 240.24(B)(1) and (B)(2)

Article 250 – Grounding and Bonding

250.50 Grounding Electrode System. All grounding electrodes as described in 250.52(A)(1) through (A)(7) that are present at each building or structure served shall be bonded together to form the grounding electrode system. Where none of these grounding electrodes exist, one or more of the grounding electrodes specified in 250.52(A)(4) through (A)(8) shall be installed and used.

Florida Statutes

553.73 Florida Building Code.—

(2)….Technical provisions to be contained within the Florida Building Code are restricted to requirements related to the types of materials used and construction methods and standards employed in order to meet criteria specified in the Florida Building Code….

(13) The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements, and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law.

Staff Analysis: Based on the above facts and circumstances, staff provides the following analysis:

Fire TAC – June 4, 2014

Question: Since a townhouse unit is considered a single family dwelling unit with zero lot lines, must each townhouse unit have their own separate utilities including the electric, fire sprinkler system if required, and water/sewer service contained within their own ~~property~~ building?

Answer: ~~The Petitioner respectfully believes the answer is~~ Yes, the building should be treated as a separate building pursuant to R302.2 of the Florida Building Code Residential. This type of installation of the electrical service along with the A/C units, water/sewer, and fire sprinkler system as proposed would typically be seen in a condo or apartment complex situation but not a single family home. The owners will not have total control of their services and/or equipment since they are not on their property. It is imperative that a clear and concise interpretation by the Commission be made as to the intent and application of the codes. Section 553.775(1), Florida Statutes states: “It is the intent of the Legislature that the Florida Building Code be interpreted by building officials, local enforcement agencies, and the commission in a manner that protects the public safety, health, and welfare at the most reasonable cost to the consumer by ensuring uniform interpretations throughout the state and by providing processes for resolving disputes regarding interpretations of the Florida Building Code which are just and expeditious. This motion received a unanimous vote.

Answer (option #. 1):

Answer (option #. 2): No, as per Section 553.73(2), Florida Statutes, the technical provisions of the Florida Building Code are limited in scope to requirements related to the types of materials used and construction methods and standards employed in order to meet criteria specified in the Florida Building Code. In fact, the Code contains no support for use of a zero lot line/property line as a mean of requiring that a townhouse unit must be provided with its own separate utilities that are contained within its own property. However, in order to meet the intent of section 101.3 of the FBC, Building, it is imperative that each townhouse must have accessible and maintainable independent services as permitted through appropriate legal means.