Issue: DCA10-DEC-045 by George Merlin of George Merlin Association Inc. The Petitioner is requesting clarification with regard to the provisions of the CCCL requirements of the Florida Building Code, Building. Specifically, the Petitioner provides for the following questions:
First
Case:
1.
Is the application of the exception in FBC Ch 3109.1.1 for construction within
the limits of the existing foundation the same as the FDEP historical
application and interpretation of the exemption in FS Ch 161.053(12)(a) as
noted in DEP Consultation file CNS-ST0478 - i.e. The design standards for
buildings seaward of the CCCL “do not apply to any modifications, maintenance,
or repair to any existing structure within the limits of the existing
foundation which does not require, involve, or include any additions to, or
repair or modification of, the
existing
foundation of that structure, regardless of building height, number of floors
or costs involved”, and regardless of the extent of modifications above the
unmodified foundation, provided all construction meets the requirements of the
Florida Building Code for Existing Buildings? Yes or No?
In
other words, is the exception in FBC 3109.1.1 applicable to all the preceeding items 1.,2., and 3., and therefore the proposed
substantial improvement work described in Case #1 exempt from CCCL design
standards because it’s to be built over and within the limits of an existing
unmodified foundation? Yes or No?
Second
Case:
2.
Is the application and interpretation of the exceptions in FBC Ch 3109.3 and
3109.4 for additions outside the limits of the existing foundation, or for
repairs and modifications to the existing foundation, the same as the FDEP
historical application and interpretation of the exemption in F.A.C. Ch
62B-33.007(4)(c) as noted in DEP Consultation file CNS-St0478 - i.e. The CCCL
design standards “apply only to all proposed habitable major structures and all
proposed non-exempt improvements to existing habitable structure s, except
improvements to
an
existing structure which do not advance farther seaward than the existing
building and improvements which do not constitute rebuilding of the structure,
defined as a substantial improvement to the building per F.S. 161.54(12)”. Yes or No?
In other words, is the proposed work described in Case #2 exempt from CCCL design standards if the extent of the horizontal addition doesn’t advance farther than the seaward limits of the existing building and if the cost of the horizontal addition portion only does not constitute a substantial improvement to the existing structure (i.e. only the horizontal addition portion outside the limits of the existing foundation must be limited to cost less than 50% of the market value of the original existing structure , since the vertical addition over and within the limits of the existing unmodified foundation is exempt from cost consideration because it is already considered an exempt substantial improvement )? Yes or No?
Background:
(1) Description of
projects: The Petitioner is a
The first case consists of a single story single family dwelling and proposed renovations to such, including a vertical second story addition; wherein all the existing roof and walls will be removed to the foundation level, but the foundation itself will remain unmodified. All proposed renovations including the construction of new walls and second story floor and roof, will be within the footprint/perimeter of the existing foundation and the existing foundation has been investigated and proven by engineering calculations to be adequate to support the proposed renovations per the requirements of the FBC for Existing Buildings (i.e. gravity and wind loads) without modifying or adding to the original existing foundation in any way. The market value of the existing building is $200k and the proposed renovation will cost $500k. Therefore, the cost of the proposed renovations
will exceed 50% of the market value of the existing building. (Note: The existing building was permitted and built before current FDEP/FBC code requirements and is not elevated or pile supported to meet FDEP/FBC chpt. 3109 non-exempt standards; but the proposed work appears to be exempt from these standards even though it would be considered a substantial improvement, because the foundation is to remain unmodified. This is the essence of this request for clarification. ) It’s important to also note that the existing building already fully meets all FEMA floodplain management requirements referred to in FBC 3110. Therefore the proposed construction fully meets FEMA’s requirements as well. In fact, the entire existing building, foundation and all, could
be completely demolished and rebuilt in the same manner as the existing and would satisfy FEMA requirements in this case. (See attached isometric drawing.)
The second case is identical to the first case, except the proposed renovations also include a small horizontal addition outside the perimeter of the existing foundation. The horizontal addition is single story and extends on the landward and lateral sides of the existing building, but no farther seaward than the existing structure. The addition will cost $75k. Therefore, the cost of the addition will not exceed 50% of the market value of the existing building. (See attached isometric drawing).
(2) 2007
SECTION 3109 STRUCTURES SEAWARD OF A COASTAL CONSTRUCTION CONTROL LINE
3109.1.1 Scope. The provisions of Section 3109 shall ensure that structures located seaward of the coastal construction control line are designed to resist the predicted forces associated with a 100-year storm event and shall apply to the following:
1. All habitable structures which extend wholly or partially seaward of a coastal construction control line (CCCL) or 50-foot (15.3 m) setback line.
2. Substantial improvement of or additions to existing habitable structures.
3. Swimming pools that are located in close proximity to a habitable structure or armoring. An environmental permit from the Florida Department of Environmental Protection, requiring special siting considerations to protect the beach-dune system or proposed or existing structures and public beach access, is required prior to the start of construction. The environmental permit may condition the nature, timing and sequence of construction of permitted activities to provide protection to nesting sea turtles and hatchlings and their habitat, including review, submittal and approval of lighting plans.
Exception: The standards for buildings seaward of a CCCL area do not apply to any modification, maintenance or repair to any existing structure within the limits of the existing foundation which does not require, involve or include any additions to, or repair or modification of, the existing foundation of that structure.
3109.3 Elevation standards. All habitable structures shall be elevated at or above an elevation which places the lowest horizontal structural member above the 100-year storm elevation as determined by the Florida Department of Environmental Protection in the report titled "One-Hundred-Year Storm Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line."
An applicant may request the Department of Environmental Protection to determine a site-specific 100-year storm elevation for the applicant's proposed habitable structure as part of the environmental permit application process. The elevation will be provided as part of the applicant's environmental permit and shall be subject to review under the provisions of Chapter 120, Florida Statutes.
Exceptions:
1. Additions,
repairs or modifications to existing nonconforming habitable structures that do
not advance the seaward limits of the existing habitable structure and do not
constitute rebuilding of the existing structure.
2. Habitable structures located landward of existing armoring which is capable of protecting buildings from the effects of erosion from a 100-year storm surge. The applicant shall provide scientific and engineering evidence that the armoring has been designed, constructed and maintained to survive the effects of the design storm and provide protection to existing and proposed structures from the erosion associated with that event. Evidence shall include a report with data and supporting analysis, and shall be certified by a professional engineer registered in this state, that the armoring was designed and constructed and is in adequate condition to meet the following criteria:
2.1. The top must be at or above the still water level, including setup, for the design storm plus the breaking wave calculated at its highest achievable level based on the maximum eroded beach profile and highest surge level combination, and must be high enough to preclude runup overtopping.
2.2. The armoring must be stable under the design storm including maximum localized scour, with adequate penetration and toe protection to avoid settlement, toe failure, or loss of material from beneath or behind the armoring.
2.3. The armoring must have sufficient continuity or return walls to prevent flanking under the design storm from impacting the proposed construction.
2.4. The armoring must withstand the static and hydrodynamic forces of the design storm.
3. A higher elevation standard is required by either the National Flood Insurance Program (NFIP), as found on a community's Flood Insurance Rate Map (FIRM), or the local flood damage prevention ordinance. In such instances, the higher elevation standard shall apply.
3109.4 Construction standards.
3109.4.1 Pile foundations. All habitable structures shall be elevated on, and securely anchored to, an adequate pile foundation. Pile foundations for habitable structures shall be designed to withstand all reasonable anticipated erosion, scour and loads resulting from a 100-year storm including wind, wave, hydrostatic and hydrodynamic forces acting simultaneously with typical structural (live and dead) loads. All habitable structures should be anchored to their pile foundation in such a manner as to prevent flotation, collapse or lateral displacement. The elevation of the soil surface to be used in the calculation of pile reactions and bearing capacities for habitable structures shall not be greater than that which would result from erosion caused by a 100-year storm event. Calculation of the design grade shall account for localized scour resulting from the presence of structural components. Design ratio or pile spacing to pile diameter should not be less than 8:1 for individual piles located above the design grade. Pile caps shall be set below the design grade unless designed to resist increased flood loads associated with setting the cap above the design grade, but at or below the natural grade. Pile penetration shall take into consideration the anticipated loss of soil above the design grade.
Exceptions:
1. Additions,
repairs or modifications to existing nonconforming habitable structures that do
not advance the seaward limits of the existing habitable structure and do not
constitute rebuilding of the existing structure.
2. Habitable structures located landward of existing armoring which is capable of protecting buildings from the effects of erosion from a 100-year storm surge. The applicant shall provide scientific and engineering evidence that the armoring has been designed, constructed and maintained to survive the effects of the design storm and provide protection to existing and proposed structures from the erosion associated with that event. Evidence shall include a report with data and supporting analysis, and shall be certified by a professional engineer registered in this state, that the armoring was designed and constructed and is in adequate condition to meet the following criteria:
2.1. The top must be at or above the still water level, including setup, for the design storm plus the breaking wave calculated at its highest achievable level based on the maximum eroded beach profile and highest surge level combination, and must be high enough to preclude runup overtopping.
2.2. The armoring must be stable under the design storm including maximum localized scour, with adequate penetration and toe protection to avoid settlement, toe failure or loss of material from beneath or behind the armoring.
2.3. The armoring must have sufficient continuity or return walls to prevent flanking under the design storm from impacting the proposed construction.
2.4. The armoring must withstand the static and hydrodynamic forces of the design storm.
3109.2 Definitions.
SUBSTANTIAL IMPROVEMENT. See definition in Section 161.54(12), Florida Statutes.
REBUILDING. See definition of "Substantial
improvement."
(3) 2007
SECTION
202 GENERAL DEFINITIONS
201.3
Terms defined in other codes. Where terms are not defined in this code and are
defined in the other Florida Building Code or the Florida Fire Prevention Code. Such terms shall have the meanings
ascribed to them in those codes.
ADDITION. An extension or increase in
floor area, number of stories, or height of a building or structure.
REPAIR.
The patching, restoration and/or minor replacement of materials, elements,
components, equipment and/or fixtures for the purposes of maintaining such
materials, elements, components, equipment and/or fixtures in good or sound
condition.
Maintenance
– the labor of keeping something (as buildings or equipment) in a state of
repair or efficiency: Care, upkeep…
Modification: The reconfiguration of any space; the
addition, relocation, or elimination of any door or window; the addition or
elimination of load-bearing elements; the reconfiguration or extension of any
system; or the installation of any additional equipment.
501.4
Flood hazard areas. In flood hazard areas, repairs that constitute substantial
improvement shall require that the building comply with Section 1612 of the
Florida Building Code, Building.
501.4.1
Structure seaward of a coastal construction line. Structures located seaward of
the coastal construction line shall be designed to resist the predicted forces
of a 100-year storm event in accordance with Section 3109 of the Florida
Building Code, Building .
601.3
Flood hazard areas. See Section 501.4.
1003.5
Flood hazard areas. See Section 501.4.
(4)
Section
161.053(12), Florida Statutes -
Department" means the Department of Environmental Protection.
(12)(a) The coastal construction control
requirements defined in subsection (1) and the requirements of the erosion
projections pursuant to subsection (6) do not apply to any modification,
maintenance, or repair to any existing structure within the limits of the
existing foundation which does not require, involve, or include any additions
to, or repair or modification of, the existing foundation of that structure.
Specifically excluded from this exemption are seawalls or other rigid coastal
or shore protection structures and any additions or enclosures added,
constructed, or installed below the first dwelling floor or lowest deck of the
existing structure.
Section 161.54 Definitions,
(12) "Substantial
improvement" means any repair, reconstruction, rehabilitation, or
improvement of a structure when the actual cost of the improvement or repair of
the structure to its pre-damage condition equals or exceeds 50 percent of the
market value of the structure either:
(a) Before
the improvement or repair is started; or
(b) If
the structure has been damaged and is being restored, before the damage
occurred.
The total cost does not include nonstructural interior finishings, including,
but not limited to, finish flooring and floor coverings, base molding,
nonstructural substrates, drywall, plaster, paneling, wall covering,
tapestries, window treatments, decorative masonry, paint, interior doors, tile,
cabinets, moldings and millwork, decorative metal work, vanities, electrical
receptacles, electrical switches, electrical fixtures, intercoms,
communications and sound systems, security systems, HVAC grills and decorative
trim, freestanding metal fireplaces, appliances, water closets, tubs and shower
enclosures, lavatories, and water heaters, or roof coverings, except when
determining whether the structure has been substantially improved as a result
of a single improvement or repair.
For the purposes of this definition, "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not, however,
include either any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions or any alteration of a
structure listed on the National Register of Historic Places or the State
Inventory of Historic Places.
(5) BOAF –
Non-binding Interpretations
Question:
Is it the intent of the exception to the CCCL standards in 3109.1.1 to apply to a substantial improvement?
Answer:
No, the term "substantial improvement" is defined as 50% of the market value.
Commentary: The exception is not based on value, it is specifically addressing "additions to, or repair or modifications of, the existing foundation" of that structure.
Question:
Is it the intent of Florida Building Code -
Building section 3109.1.1, Exception to allow substantial improvements and/or additions
to an existing structure within the limits of the existing unaltered
foundations that do not need any modification for support of the improvements
and/or additions?
Comment: The Florida Department of Environmental
Protection has had a long standing interpretation that says "yes" to
this question, that the above described construction is exempt from DEP
elevation and piling requirements. This FBC code section (3109) is
essentially verbatim from Fl. Statutes
161.053 and Fl. Admin. Code 62B-33. I would like reconfirmation from BOAF,
since there seems to be some disagree about this. Please note, my question is
separate and independent from any FEMA regulations instituted pursuant to FBC
section 3110.2
Answer:
No. The exception states "...The
standards...do not apply to any modification, maintenance or repair to any
existing structure within the limits of the existing foundation..." It
does not exempt additions or substantial improvements.
Commentary: See
Code Commentary. "Care and attention must be given to consideration of
total improvement costs since they may trigger substantial improvement
regulations, mandating that the entire structure be brought into compliance
with current floodplain management regulations."
(6) Staff analysis:
- The subject of this request and staff recommendation relate only to the minimum -standards contained in the Florida Building Code and must not be interpreted to interfere in any manner with enforcement or application of duly adopted floodplain management ordinances as the Code explicitly authorizes and anticipates those ordinances (Section 3110.1.2, Florida Building Code, Building Volume (2007)).
- As
stated by the Petitioner, the above-quoted provisions were transferred into the
Code from a regulatory scheme within the jurisdiction of the Department of
Environmental Protection and its successors.
The interpretation offered by the Petitioner as an appropriate
interpretation of the Florida Building Code is consistent with the historical
interpretation and application of those DEP regulations.
- Staff recommendation to the
Petitioners inquires are consistent with the historical interpretation and
application of those DEP regulations as applicable (see attached letter from
DEP dated January 27, 2003).
_____________________________________
Staff recommendation:
Question #1:
Is the exception in FBC 3109.1.1
applicable to all the preceeding items 1.,2., and 3.,
and therefore the proposed substantial improvement work described in Case #1
exempt from CCCL design standards because it’s to be built over and within the
limits of an existing unmodified foundation? Yes or No?
Answer: Yes. According to Section
3109.1.1 Exception, the project as described in Case #1 above is not
required to be re-designed to resist the predicted forces associated with a
100-year storm event.
Question # 2: Is the proposed work described in Case #2 exempt from CCCL design standards if the extent of the horizontal addition doesn’t advance farther than the seaward limits of the existing building and if the cost of the horizontal addition portion only does not constitute a substantial improvement to the existing structure (i.e. only the horizontal addition portion outside the limits of the existing foundation must be limited to cost less than 50% of the market value of the original existing structure , since the vertical addition over and within the limits of the existing unmodified foundation is exempt from cost consideration because it is already considered an exempt substantial improvement )? Yes or No?
Answer/Option #1: “Yes”
as long as the level of work as noted in Case #2 does not advance the
seaward limits and does not constitute rebuilding of the existing structure [see Sections 3109.3(Exception 1) and 3109.4(Exception 1).]
Answer/Option #2: “No”, level of work noted for the project in
question does constitute rebuilding.
Answer/Option #3: “Yes”,
level of work noted for the project in question does not constitute rebuilding.