FLORIDA BUILDING COMMISSION
BUILDING (STRUCTURAL)TECHNICAL ADVISORY COMMITTEE

MINUTES 

WEDNESDAY, JUNE 10, 2015
10:00 A.M. – 11:39 A.M.

 

 TAC/POC MEMBERS AND OBJECTIVES

STRUCTURAL TAC MEMBERS PRESENT: James Schock; Chair, CW Macomber, Steve Strawn, Craig Parrino, Daniel L. Lavrich, Do Y. Kim, Jaime Gascon, Warner Chang, David Compton, Cris Fardelmann, Dick Wilhelm attend for Steve Strawn during final minutes of the meeting

·         Objectives 

·         To consider, discuss and provide recommendations on one declaratory statement.

 MEETING AGENDA

OBJECTIVE

REVIEW OF OBJECTIVES WILL INCLUDE THE FOLLOWING:  Description of issue, discussion by TAC, public comment, TAC action

10:00 A.M.

 1)

Welcome and Opening, Roll Call

Reviewed and Approved of June 10, 2015 Meeting Agenda
Reviewed and Approved of 
February 26, 2015 Meeting Minutes

2)

Question 1: May Petitioner (and the Building Official) rely on past consistent interpretations by the Florida Department of Environmental Protection (“DEP”) and the DEP’s predecessor agency, the Florida Department of Natural Resources (“DNR”), of identical regulatory language that is now set forth in Section 3109 to determine whether the Paramount is allowed to have intermediate structural slabs below the wave crest elevation?  If yes, do the past consistent interpretations of DEP and DNR allow intermediate structural slabs below the wave crest elevation?

Answer 1: Yes. As the Florida Building Commission (the "Commission") held in Declaratory Statement DCA07-DEC-179, "[t]he Petitioner is entitled to rely on past consistent interpretations of the DEP and DNR to the extent that the historical application of the regulation is consistent with the current context of the FBC." The provisions of Section 3109 of the FBC that are germane to the issues and questions set forth in the Petition are for all practical purposes identical to the corresponding provisions of Rule 62B-33.007, F.A.C. (2001 and 2004). As such, the contexts are consistent.  Petitioner has provided evidence of consistent practice of the DEP and DNR in connection with allowing the presence of intermediate structural slabs located below the wave crest elevation in a manner comparable to how such slabs are located in the Paramount project, thereby demonstrating that the intermediate structural slab location is consistent with the historical application of DEP's (and DNR's) regulation. 

Question 2: Declaratory Statement DCA07-DEC-179 provides, for example, that a dining area located seaward of the CCCL is allowed at elevations in between base flood elevation and the elevation of the lowest horizontal structural member but the associated kitchen must either be above the lowest horizontal structural member or be located landward of the CCCL.  Does this mean that only portions of the structure that are located seaward of the CCCL, but not the remaining portions of the structure landward of the CCCL, must comply with Section 3109 of the FBC?

Answer 2: No, Section 3109.1.1(1) is specific in stating that all habitable structures which extend wholly or partially seaward of the CCCL or 50feet setback line are applicable to section 3109.

Question 3: When any portion of the project structure falls seaward of the CCCL, does Section 3109.1.1 require that the entire structure comply with the requirements of Section 3109?

Answer 3:  No, Section 3109.1.1(1) is specific in stating that all habitable structures which extend wholly or partially seaward of the CCCL or 50feet setback line are applicable to section 3109.

Question 4: For any major structure that falls within Exception 4 of Section 3109.4.2, are the slabs that are constructed below the level of the wave crest elevation required to be frangible, or may they be of more permanent construction?

Answer 4:  Section 3109.4.2 does not apply to slabs because that section applies to walls, for slabs they must be designed in accordance with section 3109.5. If the slabs are designed to 3109.5 they do not have to be frangible they can be structural.

Question 5: For the purposes of determining the applicability of Exception 4 to Section 3109.4.2, is the Paramount a low-rise building as that term is used in Exception 4?

Answer 5:  Because the mean roof height at Paramount does not fall within the parameters contained in the definition of low-rise building, Paramount is not a low-rise building as that term is used in Exception 4 to Section 3109 .4.2.

3)

Comments from TAC and public – Staff mentioned that if no Declaratory statements were to come in between now and the October meetings there would be no further summer Structural TAC meetings.  Also the next meetings in October for the TAC would be on-site meetings to discuss code modifications.

4)

Adjourned at 11:39

 STAFF CONTACTS: Joe Bigelow, Planning Analyst joe.bigelow@myfloridalicense.com (850) 717-1829

or Mo Madani, Manager mo.madani@myfloridalicense.com

Note: This document is available to any person requiring materials in alternate format upon request.  Contact the Department of Business and Professional Regulation, Suite 90, 1940 N. Monroe, Tallahassee, Florida 32399 or call 850-487-1824.