Issue: DS2015-081. Petitioner Parking Systems Atlantic, Inc. (Klaus) requests clarification with regard to the application of the Florida Building Code (FBC) to its multilevel parking lift/systems (the “System”).

Questions:

(a) Is the building, including the System, regulated by the FBC?

(b) If yes, is the System governed by Chapter 30 ALI Standards?; and

(c) If not, does the FBC require that the entire System (including the lifting structure itself) be certified by an OSHA approved NRTL?

Background:

Situation: Klaus has been retained by a developer to install a System in a 52-story tower consisting of 154 dwelling units. To date, building permit plans for the System have not been submitted to the local government for review and approval. Klaus is a “substantially affected person” as it intends to install a System in this development in the near future and has questions and is in doubt as to the applicability of the FBC to the System.

The System is manufactured by Klaus in Germany and shipped to the United States for installation in parking garages. The System is “anchored and attached” to the structural elements of the parking garage. For example, the System lifts are bolted to the floor with no less than four points of contact as well bolted to each other and the side walls of structure, operating arms are hung from the ceiling of the parking garage and the key switch has a stabilizer “hanger” from the ceiling above, each lift is hardwired and has its own electrical junction box connected to the floor of the parking garage, which is connected to the disconnect of the structure, and the building’s fire sprinkler system is integrated within the lift structure elements as part of the parking garage.

Klaus’s entire System is certified and approved by National Recognized Testing Laboratories (NRTL), such as UL, Intertek, TUV, which are authorized by the Occupational Safety and Health Administration (OSHA) to ensure workplace product safety. The Klaus’s NRTL approval not only includes the control system, but the entire lifting structure itself.

5^th Edition (2014) Florida Building Code, Building

[A] 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] 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and

complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code

in quality, strength, effectiveness, fire resistance, durability

and safety.

[A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

[A] 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building

official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other

recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for

retention of public records.

CHAPTER 16 STRUCTURAL DESIGN

1601.1 Scope. The provisions of this chapter shall govern the structural design of buildings, structures and portions thereof regulated by this code.

CHAPTER 17 SPECIAL INSPECTIONS AND TESTS

SECTION 1707 ALTERNATIVE TEST PROCEDURE

1707.1 General. In the absence of approved rules or other approved standards, the building official shall make, or cause to be made, the necessary tests and investigations; or the building official shall accept duly authenticated reports from approved agencies in respect to the quality and manner of use of new materials or assemblies as provided for in Section 104.11. The cost of all tests and other investigations required under the provisions of this code shall be borne by the applicant.

SECTION 1708 TEST SAFE LOAD

1708.1 Where required. Where proposed construction is not capable of being designed by approved engineering analysis, or where proposed construction design method does not comply

with the applicable material design standard, the system of construction or the structural unit and the connections shall be subjected to the tests prescribed in Section 1710. The building official shall accept certified reports of such tests conducted by an approved testing agency, provided that such tests meet the requirements of this code and approved procedures.

SECTION 1709 IN-SITU LOAD TESTS

1709.1 General. Whenever there is a reasonable doubt as to the stability or load-bearing capacity of a completed building, structure or portion thereof for the expected loads, engineering

assessment shall be required. The engineering assessment shall involve either a structural analysis or an in-situ load test, or both. The structural analysis shall be based on actual material properties and other as-built conditions that affect stability or load-bearing capacity, and shall be conducted in accordance with the applicable design standard. If the structural assessment determines that the load-bearing capacity is less than that required by the code, load tests shall

be conducted in accordance with Section 1709.2. If the building, structure or portion thereof is found to have inadequate stability or load-bearing capacity for the expected loads, modifications to ensure structural adequacy or the removal of the inadequate construction shall be required.

1709.2 Test standards. Structural components and assemblies shall be tested in accordance with the appropriate referenced standards. In the absence of a standard that contains an applicable load test procedure, the test procedure shall be developed by a registered design professional and approved. The test procedure shall simulate loads and conditions of application that the completed structure or portion thereof will be subjected to in normal use.

1709.3.2 Load test procedure not specified. In the absence of applicable load test procedures contained within a standard referenced by this code or acceptance criteria for a specific material or method of construction, such existing structure shall be subjected to a test procedure

developed by a registered design professional that simulates applicable loading and deformation conditions. For components that are not a part of the seismic load resisting system, the test load shall be equal to two times the unfactored design loads. The test load shall be left in place for a period of 24 hours. The structure shall be considered to have successfully met the test requirements where the following criteria are satisfied:

CHAPTER 30 ELEVATORS AND CONVEYING SYSTEMS

3001.1 Scope. This chapter governs the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components.

Note: Other administrative and programmatic provisions may apply. See the Department of Business and Professional Regulation [DBPR] Chapter 399, Florida Statutes, and 61C-5, Florida Administrative Code. The regulation and enforcement of the following sections of the adopted

codes, and their addenda, are preempted to the Bureau of Elevator Safety of the Department of Business and Professional regulation: ASME A17.1, ASME A17.3, and ASME A18.1.

3001.2 Referenced standards. Except as otherwise provided for in this code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems

and their components shall conform to ASME A17.1/ CSA B44, ASME A17.3 and ASME A18.1, ASME A90.1, ASME B20.1, ALI ALCTV, and ASCE 24 for construction in

flood hazard areas established in Section 1612.3. The Division of Hotels and Restaurants may grant exceptions, variances and waivers to the Elevator Safety Code as authorized by the Safety Code for Elevators and Escalators (ASME A17.1, Section 1.2) and Florida Statutes (Chapter 120.)

3001.5 Design, installation and alteration of elevators.

3001.6 As used in this chapter, the term:

ELEVATOR. One of the following mechanical devices:

Exceptions:

19. Automobile parking lifts.

CHAPTER 27 ELECTRICAL

2701.1 Scope. This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of NFPA 70.

ANSI/ALI ALCTV – 2006

American National Standards for Automotive Lifts – Safety Requirements for Construction, Testing, and Validation.

Scope: This standard covers safety requirements for the design, construction, testing, and validation of automotive lifts of the following types: manually driven, power driven, stationary, and mobile. Lifts that are movable or are designed to tilt the superstructure, or are not “automotive vehicle lifts” are outside the scope of this standard.

Analysis

Petitioner’s Proposed Answers To Questions Posed in the Petition

Questions:

(d) Is the building, including the System, regulated by the FBC?

(e) If yes, is the System governed by Chapter 30 ALI Standards?; and

(f) If not, does the FBC require that the entire System (including the lifting structure itself) be certified by an OSHA approved NRTL?

Answer: Yes, since the System is “anchored and attached” (see, Paragraph 5 of the Declaratory Statement Request) to the structural elements of the building and is not governed by the Chapter 30 ALI standards (see, Paragraph 14 of the Declaratory Statement Request). Therefore, the design and development of the System will fall within the technical scope of the FBC requiring that the entire System (including the lifting structure itself) be certified by an Occupational Safety and Health Administration (OSHA) approved National Recognized Testing Laboratories (NRTL) and regulated under the following provisions:

Florida Building Code 5^th Edition (2014) Building

complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code

in quality, strength, effectiveness, fire resistance, durability and safety.

official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other

retention of public records.

105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done

in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida

Statutes.

1707.1 General. In the absence of approved rules or other approved standards, the building official shall make, or cause to be made, the necessary tests and investigations; or the

building official shall accept duly authenticated reports from approved agencies in respect to the quality and manner of use of new materials or assemblies as provided for in Section 104.11. The cost of all tests and other investigations required under the provisions of this code shall be borne by the applicant.

1708.1 Where required. Where proposed construction is not capable of being designed by approved engineering analysis, or where proposed construction design method does not comply

1710.1 General. In evaluating the physical properties of materials and methods of construction that are not capable of being designed by approved engineering analysis or do not comply with the applicable referenced standards, the structural adequacy shall be predetermined based on the load test criteria established in this section.

1710.2 Load test procedures specified. Where specific load test procedures, load factors and acceptance criteria are included in the applicable referenced standards, such test procedures,

load factors and acceptance criteria shall apply. In the absence of specific test procedures, load factors or acceptance criteria, the corresponding provisions in Section 1710.3 shall apply.

1710.3 Load test procedures not specified. Where load test procedures are not specified in the applicable referenced standards, the load-bearing and deformation capacity of structural

components and assemblies shall be determined on the basis of a test procedure developed by a registered design professional that simulates applicable loading and deformation conditions.

For components and assemblies that are not a part of the seismic force-resisting system, the test shall be as specified in Section 1710.3.1. Load tests shall simulate the applicable loading conditions specified in Chapter 16.

1710.3.1 Test procedure. The test assembly shall be subjected to an increasing superimposed load equal to not less than two times the superimposed design load. The test load shall be left in place for a period of 24 hours. The tested assembly shall be considered to have successfully

met the test requirements if the assembly recovers not less than 75 percent of the maximum deflection within 24 hours after the removal of the test load. The test assembly shall then be reloaded and subjected to an increasing superimposed load until either structural failure occurs or

the superimposed load is equal to two and one-half times the load at which the deflection limitations specified in Section 1710.3.2 were reached, or the load is equal to two and one-half times the superimposed design load. In the case of structural components and assemblies for which deflection limitations are not specified in Section 1710.3.2, the test specimen shall be subjected to an increasing superimposed load until structural failure occurs or the load is equal to two and one-half times the desired superimposed design load. The allowable superimposed

design load shall be taken as the lesser of:

1. The load at the deflection limitation given in Section 1710.3.2.

2. The failure load divided by 2.5.

3. The maximum load applied divided by 2.5.

1710.3.2 Deflection. The deflection of structural members under the design load shall not exceed the limitations in Section 1604.3. The High-Velocity Hurricane Zone (HVHZ) shall comply with Section 1616.3.1.