Declaratory Statement DS 2012-81

ISSUE: DS 2012-81. Petitioner seeks a Declaratory Statement on Florida Statute 553.844(4), FS 553.37(3), FS 553.36(13).

Question 1: FS553.844 (4) references 2007 of the Florida Building Code. Florida Building Code 2010 is now the controlling edition. Does the 2007 edition still apply?

Question 2: In Situation 1, is the generator enclosure required to be tested and approved per Section 1626 and bear either Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

Question 3: Does FS 553.844(4) supersede the requirements of FBC 419.4.2.9.6?

Question 4: In Situation 2, is the generator enclosure required to be tested and approved per Section 1626 and bear the appropriate Florida Product Approval numbers or Miami Dade Notice of Acceptance approval?

Question 5: Does FS 553.844(4) supersede the requirements of FBC 420.4.2.9.6?

Question 6: In Situation 3 Is the generator enclosure required to be tested and approved per Section 1626 and bear either appropriate Florida Product Approval numbers or Miami Dade Notice of Acceptance approval?

Question 7: Does FS 553.844 (4) supersede the requirements of FBC 423.25.5?

Question 8: In Situation 4 is the generator enclosure required to be tested and approved per Section 1626 and bear either appropriate Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

Question 9: Does FS 553.844 (4) supersede the requirements of FBC 1601.1?

Question 10: In Situation 5, is the generator enclosure required to be tested and approved per section 1626 and bear either appropriate Florida Product Approval numbers or Miami Dade Notice of Acceptance approval?

Question 11: For generator set enclosures that fall under the modular Building Inspection and Insignia requirements of FS 553.37, does 553.844(4) supersede the requirements of FS 553.37(3)?

Background

Florida Statutes

553.844 Windstorm loss mitigation; requirements for roofs and opening protection.—

(4) Notwithstanding the provisions of this section, exposed mechanical equipment or appliances fastened to a roof or installed on the ground in compliance with the code using rated stands, platforms, curbs, slabs, or other means are deemed to comply with the wind resistance requirements of the 2007 Florida Building Code, as amended. Further support or enclosure of such mechanical equipment or appliances is not required by a state or local official having authority to enforce the Florida Building Code. This subsection expires on the effective date of the 2013 Florida Building Code.

553.37 Rules; inspections; and insignia.—

(3) After the effective date of the Florida Building Code, no manufactured building, except as provided in subsection (12), may be installed in this state unless it is approved and bears the insignia of approval of the department and a manufacturer’s data plate. Approvals issued by the department under the provisions of the prior part shall be deemed to comply with the requirements of this part.

2010 Florida Building Code, Building

105.3 Application for permit.

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes.

Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit.

^{Florida Statutes}

553.73 Florida Building Code.—

(6) The initial adoption of, and any subsequent update or amendment to, the Florida Building Code by the commission is deemed adopted for use statewide without adoptions by local government. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit.

SECTION 419 HOSPITALS

419.4.2.6 Heating, ventilation and air-conditioning (HVAC) standards.

419.4.2.6.1.2 Their fastening systems are designed to meet the wind load requirements of the Florida Building Code, Building and they and all associated equipment are protected as required by TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 through 1626.4 of this code from damage by horizontal impact by a separate and independent structure that allows access to all parts of the equipment at all times or

419.4.2.6.1.3 They are completely protected by the equipment shrouding that meets the requirements of TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 through 1626.4 of this code.

SECTION 420 NURSING HOMES

420.4.2.6 Heating, ventilation and air conditioning (HVAC) standards.

420.4.2.6.1.2 Their fastening systems are designed to meet the wind load requirements of the Florida Building Code, Building and they and all associated equipment are protected as required by TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 thru 1626.4 of this code from damage by horizontal impact by a separate and independent structure that allows access to all parts of the equipment at all times; or

420.4.2.6.1.3 They are completely protected by the equipment shrouding that meets the requirements of TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 through 1626.4 of this code.

SECTION 423 STATE REQUIREMENTS FOR EDUCATIONAL FACILITIES

423.25 Public shelter design criteria.

423.25.4.1 Missile impact criteria.

The building enclosure, including walls, roofs, glazed openings, louvers and doors, shall not be perforated or penetrated by a flying object. For walls and roofs, the missile criteria are as provided in ASTM E 1886 and ASTM E 1996, or SBC/SSTD 12.

423.25.5 Electrical and standby emergency power system.

The EHPA shall be provided with a standby emergency electrical power system, per Chapter 27, NFPA 70 Articles 700 and 701, which shall have the capability of being connected to a backup generator or other optional power source. Where economically feasible, an equivalent photovoltaic system may be provided. The EHPA’s emergency systems includes, but are not limited to: (1) an emergency lighting system, (2) illuminated exit signs, (3) fire protection system(s), alarm (campus wide) and sprinkler, and (4) minimum ventilation for health/safety purposes. The fire alarm panel shall be located in the EHPA manager’s office. A remote annunciator panel shall be located in or adjacent to the school administrator’s office. When generators are installed, the facility housing the generator, permanent or portable shall be an enclosed area designed to protect the generators from wind and missile impact. Air intakes and exhausts shall be designed and installed to meet the wind load and missile impact criteria. Generators hardened by the manufacturer to withstand the area’s design wind and missile impact criteria shall be exempt from the enclosed area criteria requirement.

SECTION 1626 HIGH-VELOCITY HURRICANE ZONES— IMPACT TESTS FOR WIND-BORNE DEBRIS

1626.1 All parts or systems of a building or structure envelope such as, but not limited to, exterior walls, roof, outside doors, skylights, glazing and glass block shall meet impact test criteria or be protected with an external protection device that meets the impact test criteria. Test procedures to determine resistance to wind-borne debris of wall cladding, outside doors, skylights, glazing, glass block, shutters and any other external protection devices shall be performed in accordance with this section.

Exception: The following structures or portion of structures shall not be required to meet the provisions of this Section:

a. Roof assemblies for screen rooms, porches, canopies, etc.; attached to a building that do not breach the exterior wall or building envelope and have no enclosed sides other than screen.

b. Soffits, soffit vents and ridge vents. Size and location of such vents shall be detailed by the designer and shall not compromise the integrity of the diaphragm boundary.

c. Vents in a garage with four or fewer cars. Size and location of such vents shall be detailed by the designer and shall not exceed the minimum required area by more than 25 percent.

d. Exterior wall or roof openings for wall- or roof-mounted HVAC equipment.

e. Openings for roof-mounted personnel access roof hatches.

f. Storage sheds that are not designed for human habitation and that have a floor area of 720 square feet (67 m2) or less are not required to comply with the mandatory windborne debris impact standards of this code.

g. Louvers as long as they properly considered ASCE 7 in the design of the building.

h. Buildings and structures for marinas, cabanas, swimming pools and greenhouses.

i. Exterior balconies or porches under existing roofs or decks enclosed with screen or removable vinyl and acrylic panels complying with Section 1622.1 or Section 1622.2 shall not be required to be protected and openings in the wall separating the unit from the balcony or porch shall not be required to be protected unless required by other provisions of this code.

Petition:

Situation 1. A Client intends to install an electrical generator set in an enclosure to provide emergency backup power to a hospital in the event of a loss of utility power. There will be no other debris impact protection aside from the generator enclosure.

Situation 2: A Client intends to install an electrical generator set in an enclosure to provide emergency backup power to a Nursing Home in the event of a loss of utility power. There will be no other debris impact protection aside from the generator enclosure.

Situation 3: A Client intends to install an electrical generator set in an enclosure to provide emergency backup power to an Enhanced Hurricane Protection Area (EHPA) as part of an Educational Facility Public Shelter in the event of a loss of utility power. There will be no other debris impact protection aside from the generator enclosure.

Situation 4: A Client intends to install an electrical generator set in an enclosure to a commercial facility located in a High Velocity Hurricane Zone (HVHZ) to provide emergency backup power in the event of a loss of utility power. The generator Set and enclosure will be installed on the roof of the facility. There will be no other debris impact protection aside from the generator enclosure.

Situation 5: A Client intends to install an electrical generator set in an enclosure to a commercial facility located in a High Velocity Hurricane Zone (HVHZ) to provide emergency backup power in the event of a loss of utility power. The generator Set and enclosure will be installed on the ground floor of the facility. There will be no other debris impact protection aside from the generator enclosure.

Situation 6: A Client intends to install an electrical generator set in an enclosure to

a commercial facility located in a Non-High Velocity Hurricane Zone (HVHZ) to provide emergency backup power in the event of a loss of utility power.

Staff Recommendation:

Question 1: FS553.844 (4) references 2007 of the Florida Building Code. Florida Building Code 2010 is now the controlling edition. Does the 2007 edition still apply?

Answer: Yes, 553.844(4) goes on to say that the subsection expires on the effective date of the 2013 Florid Building Code. However, as per Section 553.73(6), Florida Statutes, compliance with the 2010 Florida Building Code is also required.

Answer: Yes, as per Section 419.4.2.6.1.3 of the 2010 Florida Building Code, Building (the Code), the enclosure in question must meet the requirements of TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 through 1626.4 of the Code.

Question 3: Does FS 553.844(4) supersede the requirements of FBC 419.4.2.9.6?

Answer: See answer to Question #1.

Answer: Yes, as per Section 420.4.2.6.1.3 of the 2010 Florida Building Code, Building (the Code), the enclosure in question must meet the requirements of TAS 201, 202, and 203 in accordance with the requirements of Sections 1626.2 through 1626.4 of the Code.

Question 5: Does FS 553.844(4) supersede the requirements of FBC 420.4.2.9.6?

Answer: See answer to Question #1.

Question 6: In Situation 3, is the generator enclosure required to be tested and approved per Section 1626 and bear either appropriate Florida Product Approval numbers or Miami Dade Notice of Acceptance approval?

Answer: No. However, the generator enclosure in question is required to be tested and approved as meeting the impact requirements of Section 423.25.4.1 of the Code.

Question 7: Does FS 553.844 (4) supersede the requirements of FBC 423.25.5?

Answer: See answer to Question #1.

Question 8: In Situation 4, is the generator enclosure required to be tested and approved per Section 1626 and bear either appropriate Florida Product Approval numbers or Miami-Dade Notice of Acceptance approval?

Answer: No. According to Section 1626.1(d) of the Code, roof – mounted HVAC equipment are not required to meet the impact test criteria of Section 1626 of the Code.

Question 9: Does FS 553.844 (4) supersede the requirements of FBC 1601.1?

Answer: See answer to Question #1.

Answer: No. The electrical generator in question is not required to be protected as per Section 1626 of the Code. In fact, Section 1626 is limited in scope to the building envelop and the case in question falls outside the building envelop.

Question 11: For generator set enclosures that fall under the modular Building Inspection and Insignia requirements of FS 553.37, does 553.844(4) supersede the requirements of FS 553.37(3)?

Answer: No. Compliance with Section 553.37, Florida Statutes is required.