Florida Building Commission

October 18, 2013

Gaylord Palms Resort and Convention Center

6000 W. Osceola Pkwy,
Kissimmee, Florida 34746

Declaratory Statement Legal Report

DS 2013-046 by Sal Delfino of Petersen Aluminum Corp. (Deferred from the August meeting)

PA POC Action:

As requested by the Petitioner, the POC voted unanimously in favor, to recommend the Commission defer action on the Petition to the December 2013 meeting to allow the Petitioner additional time to amend declaratory statement DS 2013-046.

DS 2013-065 by Allen Gezelman

Mechanical TAC Actions:

To the question, Does the Florida Building Commission agree that FSEC-approved & labeled solar panels mounted above a continuous, code-compliant roof covering with an air gap in between shall be exempt from additional AHJ requirements which might flow from Florida Building Code Sections Residential M1307.2.1 and Mechanical 301.12?, the answer is that there is insufficient information on which to base a response. DS 2013-065 should be dismissed from lack of information on which to base a decision.

DS 2013-075 by Joshua Coberley of EFCO Corporation

PA POC Action:

Question: #1: Does Florida Product Approval Rule 61G20-3 allow test reports by an approved test lab which was performed at the in-house testing facility of the manufacturer when application for NON-HVHZ Florida Product Approval is made via the test report method?

“No”. The manufacturer’s in-house testing facility in question is not an approved testing facility as required by Rule 61G20-3.011 for approval via the test report method, because applications require the specific physical location of the testing facility for approval.

Question #2: Is this type of testing allowed on applications made via the evaluation report by the Florida P.E. method?

“Yes”. The testing described in the Petition is allowed as long as the test lab in question is accredited by an approved accreditation body for the test performed (see Rule 61G20-3.005(4)).

DS2013-068 by Michael Goolsby, Miami-Dade County Department of Regulatory and Economic Resources

Code Admin TAC Action:

To Question 1:

Does the practice of establishing the building code which governs construction of a building based upon the permit application date, as contained in Section 105.3 of the Florida Building Code and Florida Statute 553.73(6), only apply to permit applications made prior to March 1, 2002?

The answer is “No”. The practice of establishing the building code which governs construction of a building based upon the permit application date is applicable to all permits and editions of the Florida Building Code implemented to date.

To Question 2:

If a permit application was made prior to March 15, 2012, but after March 1, 2009, is the 2007 edition of the Florida Building Code the building code which governs the permitted work for the life of the permit and any extension granted to the permit?

The answer is “Yes”. As per Section 105.3 of the 2010 FBC, Building, the project in question is subject to the construction requirements of the 2007 Florida Building Code.