DEC REQUEST DS 2012-068 STAFF ANALYSIS

ISSUE: DS 2012-068. The Petitioner “Mr. Alfonso Fernandez-Fraga” seeks a Declaratory Statement regarding the intent of Section 416.5, and Section 613.2 of the 2010 Florida Building Code, Plumbing and provides for the following question:

1. Is the intent of Florida Building Code – Plumbing 2010, 607.1, Exception, to also apply to Florida Building Code – Plumbing 2010, 416.5 as an exception?

Situation:

Mr. Alfanso Fernandez, representing Initial Engineers, P.A. seeks clarification on a certain section of the 2010 Florida Building Code, Plumbing. Specifically, 607.1, Exception and does it apply to 416.5 as an exception, that require clarification so that they can determine which Code they must follow for compliance. The Petitioner has an upcoming project that will be a ground-up high rise office building. The Petitioner does not intend to provide hot water to lavatories as part of the plumbing design.

2010 Florida Building Code, Plumbing

Chapter 4 Fixtures, Faucets and Fixture Fittings

Section 416 Lavatories

416.5 Tempered water for public hand-washing facilities.

Tempered water shall be delivered from public hand-washing facilities. Tempered water shall be delivered through an approved water-temperature limiting device that conforms to ASSE 1070 or CSA B125.3.

Chapter 6 Water Supply and Distribution

Section 607 Hot Water Supply System

607.1 Where required.

In occupied structures, hot water shall be supplied to all plumbing fixtures and equipment utilized for bathing, washing, culinary purposes, cleansing, laundry or building maintenance.

Exception: In nonresidential occupancies, hot water or tempered water shall be supplied for bathing and washing purposes. The delivery of cold water only shall be permitted to be delivered from all hand washing facilities except where hot water is required by law.

2010 Florida Building Code, Building

CHAPTER 1 SCOPE AND ADMINISTRATION

SECTION 102 APPLICABILITY

102.1 General.

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

Staff recommendation:

Question:

To the question, Is the intent of Florida Building Code – Plumbing 2010, 607.1, Exception, to also apply to Florida Building Code – Plumbing 2010, 416.5 as an exception?

Answer:

Option #1: The answer is “yes”. Section 607.1(exception) is more specific to nonresidential occupancies and provides for a narrow scope of application than Section 416.5. Therefore, the provisions of section 607.1 will govern with respect to the project in question.

Option #2: The answer is “no”. Both Sections (416.5 and 607.1) provides for different requirements and the more restrictive must govern. Therefore, the provisions of section 416.5 will govern with respect to the project in question.