DEC REQUEST DS-2014-057 STAFF ANALYSIS

ISSUE: DS-2014-057. Petitioner David G. Karins, 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: Does 3109.1.1 Exception prohibit (contrary to the regulatory scheme within the jurisdiction of the DEP) the repair work comprised of replacing hurricane straps, repairing cracks, repairing spalls or densifying concrete or masonry at above-grade foundation components of the subject existing buildings, which do not conform to FBC 3109.4 Construction Standards and which were constructed before the establishment of the CCCL requirements, assuming such repair work has no measurable interference with the coastal system and such work does not constitute "rebuilding" and is less than "substantial"?

Question 2: Does 3109.1.1 Exception require (contrary to the regulatory scheme within the jurisdiction of the DEP) that the subject existing buildings constructed before the establishment of the CCCL requirements be brought into conformance with FBC 3109.4 Construction Standards, if repair work is performed at above-grade foundation components comprised of replacing hurricane straps, repairing cracks, repairing spalls or densifying concrete or masonry, assuming such repair work has no measurable interference with the coastal system and such work does not constitute "rebuilding" and is less than "substantial"?

Question 3: Can 161.053(11)(b) or 161.053(11)(c)9 FS be referenced in granting exceptions to FBC3109.4 Construction standards for the subject existing structures, assuming they do not meet the requirements of 3109.1.1, 3109.1.1.2, 3109.1.1.3 or Exception.

Question 4: Is repair work at the subject buildings seaward of the CCCL comprised of repairing cracks and spans to existing columns/piers below the first living level in accordance with 62B-33.002(52) FAC and 161.053(11)(b) or 161.053(11)(c)9 FS that does not constitute substantial improvements or substantial structural repair and that does not involve correcting substantial structural damage permissible under Chapter 31 of the Florida Building Code, Building and the Florida Building Code, Existing Buildings?

Background:

Situation:

This petition concerns a project on Longboat Key that is seaward of the Coastal Construction Control Line, was constructed at various times between 1950 and 1974 and is non-compliant as to current flood elevation requirements. The project includes buildings of the earlier vintage that are constructed on reinforced masonry piers. These piers are weathered, in some cases cracked and their connections to the wood framing above are in various stages of deterioration including fully compromised. The buildings of the later vintage (early 1970's) that are constructed on spread footings under reinforced concrete columns/piers below the first living level. The reinforced concrete columns/piers are spalled and cracked due to corrosion of the reinforcing steel but are readily repairable in accordance with International Concrete Repair Institute guidelines and the American Concrete Institute Repair Code (ACI 562). All of the required repairs are readily achievable without any appreciable impact on the existing coastal system.

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.

(EMPHASIS ADDED)

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:

Answer: Yes, the proposed level of work constitutes a “repair” to the foundations of the subject existing building which the exception (3109.1.1 Exception) does not allow without conforming with the requirements of Section 3109.4 of the Florida Building Code, Building.

Answer: Yes, the proposed level of work constitutes a “repair” to the foundations of the subject existing buildings and therefore, compliance with Section 3109.4 of the Florida Building Code, Building would be required.

Answer: Answer is not possible. The Commission has no authority to interpret Chapter161, Florida Statutes.

Answer: Answer is not possible. The Commission has no authority to interpret Rule 62B-33 or Chapter161, Florida Statutes.