Issue: DS2013-031. The Petitioner, James DiPietro, Administrative Director, of the Broward County Board of Rules and Appeals, is requesting clarification with regard to the application of section 102.2(h) of the Florida Building Code, Building when elements such as sinks, electrical, outlets, etc., are added to an existing chickee/structure.

The Petitioner’s question is as follows:

Question 1:

a. By adding these elements (sinks, electrical outlets, etc.) does that mean that the status of the exemption used to construct the Chickee without a building permit is null and void?

b. If the answer to question “a” is yes, does that mean that the Chickee structure must get a building permit and comply with the current building codes?

Question 2:

Does the fact of whether the utility services; electric; plumbing; propane or natural gas appliances are attached or not attached to any part of the structure/Chickee change the interpretation of Question 1?

*Note: Footprint is defined by the petitioner as anything under the thatched roof or within the perimeter of the Chickee.

Background:

Situation: A chickee is installed by the Seminole Indians. There was no permit issued to install the Chickee. It was installed utilizing the exception in 102.2(h). The owner then proposes on installing a bar setup which has electrical, plumbing, gas appliances etc. in such chickee and has a contractor apply for permits.

2010 Florida Building Code, Building:

SECTION 102 APPLICABILITY

102.2 Building.

The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of this code. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law:

(a) Building and structures specifically regulated and preempted by the federal government.

(b) Railroads and ancillary facilities associated with the railroad.

(d) Temporary buildings or sheds used exclusively for construction purposes.

(e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.

(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity.

(g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises.

(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other nonwood features.

(i) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

6. Petitioner also indicated in the preface of his request for declaratory statement, a reference to conflicting opinion of the term “incorporated” as used in the exemption.

7. Petitioner included copies of two Informal Interpretations, (Report Number 6848 and Report Number 7006) as written by the Building Officials Association of Florida.

Action of the Commission – June 11, 2013

DS2013-031 by Broward County Board of Rules and Appeals

Public comments were heard and discussed. The Commission voted 11 – 5 in favor, to defer action on the petition and refer the petition for review by a joint meeting of the Fire and the Code Administration TACs.

Action of the Code Admin TAC – Unanimous May 31, 2013

Answer:

To Question 1a: By adding these elements (sinks, electrical outlets, etc.) does that mean that the status of the exemption used to construct the Chickee without a building permit is null and void?

The answer is YES, adding the elements (sinks, electrical outlets, etc.) to the “Chickee” in question would mean that the “Chickee” as a structure is no longer in compliance with the literal requirements of section 102.2(h) of the 2010 FBC, Building and therefore would be no longer exempted from compliance of the FBC.

To Question 1b: If the answer to question “a” is yes, does that mean that the Chickee structure must get a building permit and comply with the current building codes?

The answer is YES, the “chickee” in question would be required to demonstrate compliance with the current FBC as applicable.

To Question 2: Does the fact of whether the utility services; electric; plumbing; propane or natural gas appliances are attached or not attached to any part of the structure/Chickee change the interpretation of Question 1?

The answer is NO, the definition of the term “chickee” does not differentiate or provide for allowance to whether the utility services, (electric, plumbing, propane or natural gas appliances) are attached or not attached to any part of the structure/chickee.