Staff Analysis for Declaratory Statement Request DS2015-136

November 12, 2015

Issue:

The petitioner, Julien Croteau, Condo unit owner, Mainsail Condominium, seeks a Declaratory Statement concerning declaration of hazardous condition of an existing Cooling Tower that was replaced.

Background:

Petitioner, Julien Croteau is a unit owner of Mainsail Condominium, City of Hollywood Florida since 2011. The petitioner observed then that Mainsail Cooling Tower discharged its potentially infected water droplets inside the building garage leading to major problems. Such as, Building Structural damage, Electrical and fire safety hazards, and high risk to transmit disease. The petitioner addressed these concerns with Mainsail Condo Board of Directors. On February 1^st 2012, Thermal Concepts, Mainsail mechanical contractor, applied to City of Hollywood for a permit to replace the Cooling Tower. This work was completed. During this time the petitioner contracted an Engineer to clarify and access the situation regarding the Cooling Tower. In May of 2015, the Petitioner hired another engineer to perform a risk analysis on the Cooling Towers. This report stating that the Cooling Towers should be moved. An appeal to Broward County Board of Rules and Appeals was formulated and the case was heard on October 8^th 2015 concerning this matter. This appeal was denied.

A letter from Mr. James DiPietro, Administrative Director of Broward County Board of Rules and Appeals informed us that this decision could be an object of an appeal to the Florida Building Commission.

From: Hammonds, April
Sent: Wednesday, October 28, 2015 12:16 PM
To: leheronbleu2010@gmail.com; julien.croteau205@gmail.com
Cc: Richmond, Jim; Madani, Mo; Duval, Nick
Subject: RE: Declatory Statement

Dear Mr. Bellavance:

 As we discussed during our phone conversation this morning, the declaratory statement submitted is outside the jurisdiction of the Florida Building Commission due to the fact that this is a past project that has already been completed and is not the current edition of the Florida Building Code as adopted and incorporated by Rule 61G20-1.001, F.A.C. 

 You may choose to withdraw the petition or proceed with the knowledge that it is not a legally answerable petition.

 Additionally, as I stated during our conversation, it may be helpful to hire legal counsel to determine if there are any civil remedies or possible licensure violations that could be pursued by Mr. Croteau.

 Sincerely,

April L. Hammonds

Chief Legal Counsel to the

Florida Building Commission

Office of Codes & Standards

Staff analysis

Questions:

1) In compliance with FBCEB Article 308.2, should the Mainsail Cooling Tower arrangement be declared hazardous as a condition to invalidate the recent Cooling Tower replacement as was in the existing system?

2) In the intent of FBC, Existing Building to safeguard the public health, safety and welfare, should an alternative solution be achieved in accordance with Florida Building Code and Florida Fire Prevention Code?

Answer: Recommend dismissal. This is due to the facts that the issue in question is pertaining to “past conduct of another” and that the Florida Building Commission has no authority to address declaratory statements regarding prior editions of the Florida Building Code.