Legal_Report

Legal Report March 2007

DCA06-DEC-299 by Grant Tolbert, Hernando County Development Services.

ISSUE: DCA06-DEC-299, Amended. Petitioner seeks a Declaratory Statement on an interpretation of Sections 13-104.4.1 of the Florida Building Code, Building . [The TAC did not have a quorum for action.]

ACTION:

To the question , EPL Display Card form. According to Chapter 13, Section 13-104.4.1 of the FBC (copy attached), the “builder” is required to sign the EPL form. What does the term “builder” mean? , the answer is: The builder is the person who pulled the building permit in accordance with Section 105 of the Florida Building Code .

DCA07-DEC-012 by Bob Littleton, Plumbing Cheif, Hillsborough County

Request dismissal, not specific to a project.

DCA07-DEC-016 by James M. Nicholas, Esquire, Townhomes of Suntree

Petitioner seeks a Declaratory Statement on an interpretation regarding the applicability of Section 1521.4 of the Florida Building Code, Building, concerning whether a sunroom is habitable space.

To the question, “Does Brevard County, Florida, or any part of it, fall within the “High-Velocity Hurricane Zone” as defined by Section 1521 of the Florida Building Code, thereby requiring compliance with Section 1521.4 of the Code?” the answer is NO, no portion of Brevard County, Florida, falls within the “High Velocity Hurricane Zone” and compliance with Section 1521.4 of the Code is not required.

Include the note below as part of the code background information on the issue. NOTE: Reroofing permits applied for in counties other than Miami-Dade and Broward after December 8, 2006, for Alteration Level 1 or greater must meet the provisions of Section 511.1.2, Florida Building Code, Existing Building .

DCA07-DEC-017 by Robert S. Fine, TRG-BLOCK One

Dismissed for insufficient information.

DCA07-DEC-019 by Orlando Velez, Product Development, GSC

Referred to local authority having jurisdiction.

DCA07-DEC-020 by Ed Riley, Fire Code Official, Collier County

QUESTIONS:

1. Does the Building Official have the authority to issue phased permits without the approval of the “appropriate” firesafety inspector? Answer: No, according to 553.79(2), Florida Statutes, review and approval of the fire inspector is also required.

2. Florida Statute 553.79(2) refers to the “appropriate” firesafety inspector. Would the “appropriate” be a person certified pursuant to 633.081 who must also be authorized under Florida Statute 633.121? Answer : appropriate means appropriate as per Chapter 633, Florida Statutes.

3. If the answer to number 2 is no, who would qualify as the appropriate firesafety inspector? Answer : See answer to question 2.

4. Does the Building Official have a responsibility to monitor project, allowed to start work prior to the issurance of a permit, to verify that they do not proceed beyond the first required inspection prior to the issuance of the permit? Answer : No, it is the responsibility of the building owner that he does not proceed beyond the first required inspection.

5. If the answer to number 4 is yes, does the responsibility to monitor the progression of the work, allowed to begin prior to the issuance of a permit, extend to projects that are submitted as permit by affidavit? Answer : It is not applicable, see the answer to question 4.

6. If the answer to numbers 4 or 5 is yes, would the Building Official be required to issue a stop work order for a project that was allowed to start work prior to issuance of a permit and that proceeded past the first required inspection without receiving a valid permit? Answer : no further action is needed. See answers to questions 4 and 5.

DCA07-DEC-028 by Lee S. Rigby, President, Vertical Assessment Associates

Request dismissal, the Commission has no authority to address this issue.

DCA07-DEC-031 by Christopher New, c/o Rapallo

Dismissed, the Commission has no authority to address the request. The request is specific to the Fire Code.

DCA07-DEC-034 by Don Bialock, President, Quickbrick USA , LLC

The petitioner, Don Blalock, President, Quickbrick, Inc. , seeks a Declaratory Statement on Rule 9B-72 as it pertains to their product.

To the question , Does the product fall under the scope of Rule 9B-72 ?

Answer: Yes. Based on Rule 9B-72 9B-72. 010 Definitions, this product is within the scope of the State Product Approval Rule 9B-72. This product falls within Rule 9B-72 as a “Structural Component” category product, within the “Structural wall component” subcategory.

DCA07-DEC-038 by Ed Riley, Fire Code Official, Collier County

QUESTIONS:

Does the building official have the authority to over turn a stop order issued by properly licensed and authorize fire inspector? Answer : the Florida Building Commission has no authority to answer this question. The State Fire Marshal is the authority having jurisdiction on the subject. [The committee also voted to refer to the State Fire Marshal requests for Declaratory Statement on this issue and site statutes sections which delineate fire official versus building official authority.]
Is that particular provision of the interlocal agreement, which gives the building official temporary authority over the fire official valid or is it in violation of Florida Statute 633.121 or 553.73(1) (c)? Answer : The Florida Building Commission has no authority to address this question. It is a local matter.