STATE OF
BUILDING COMMISSION
In the Matter of
Case #: DCA10-DEC-220
MEA ENGINEERS, INC. DCA10-DEC-221
DCA10-DEC-222
Petitioner. DCA10-DEC-224
DCA10-DEC-225
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by Petitions from John H. Kampmann, Jr., P.E., of MEA Engineers, Inc., which was received on November 4, 2010, and which were amended on November 12, 2010. The Commission has consolidated these matters for resolution because the Petitioner has filed each of the Petitions and each of the Petitions present materially the same facts and circumstances. Based on the statements in the petition and the information subsequently submitted, it is hereby ORDERED:
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. The Petitioner serves as the evaluating engineer for manufacturers of fabric storm panels for use in construction that is subject to the Florida Building Code.
3. Specifically, the storm panels in question are incapable of complying with the requirements of Section 1613.1, Florida Building Code, Building Volume (2007 as amended October 1, 2009).
4. The Petitioner’s clients still desire to offer their products for use as storm shutters in the high-velocity zone, and, in support thereof, ask the following questions:
(a) Does L/30 apply to fabric shutters?
(b) Would this project be able to get an HVHZ
approval for installations that limited its use for NON-GLAZING installations,
such as on the exterior of non-glazed lanais, vents, doors - including garage
doors, and any other non-glazing installations?
(c) Would this product be able to be considered as part of a
panel wall system, providing impact protection while maintaining a separation
between this product and the panel wall system?
(d) Could this product be considered as a
structural component for use in the HVHZ?
(e) Can this product be installed in the HVHZ and
protect glazing as long as the deflection of the fabric exceeds a separation to
glazing of 1 inch?
(f) Some have said that there is a maximum 2 inch
deflection limit, but I have not found that language in the code. If that is an interpretation of 1613.1.9,
please explain it, the words do not support that definition to me.
(g) In 1613.1.9, is the maximum deflection
L/30?
(h) Is it also another fixed amount regardless of
the span, such as 2 inches? If so, where in the code is this written?
Conclusions of Law
1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code and Rule 9N-3, Florida Administrative Code, by entering a declaratory statement.
2. Section 1613.1, Florida Building Code, Building Volume (2007 as amended October 1, 2009), provides the following requirement relating to the high velocity hurricane zone:
Allowable deflections. The deflection of any structural member or component when subjected to live, wind and other superimposed loads set forth herein shall not exceed the following:
. . .
9. Storm shutters and fold-down awnings, which in the closed position shall provide a minimum clear separation from the glass of 1 inch (25 mm) but not to exceed 2 inches (51 mm) when the shutter or awning is at its maximum point of permissible deflection L/30
3. The foregoing expresses a clear and unambiguous, mandatory requirement applicable to storm shutters without differentiating between, or discriminating against any particular material or method of construction. The Commission will apply this provision to the Petitioner’s questions in the order presented in the following paragraphs.
4. Section 1613.1.9, Item (9), applies to all storm shutters regardless of the products’ materials or physical properties and requires in the closed position shall provide a minimum clear separation from the glass of 1 inch (25 mm) but not to exceed 2 inches (51 mm) when the shutter or awning is at its maximum point of permissible deflection L/30.
5. Section 1613.1.9, Item (9), is applicable to an opening regardless of whether it is a glazed opening or not, so the limitation that the products in question would be used only on non-glazed openings is immaterial.
6. The Petitioner makes reference to
incorporation of the products into a panel wall system but has failed to
provide sufficient information from which the Commission can provide a response. The information provided relates to the use
of the products as a storm shutter.
7. The Petitioner makes reference to approval of
the products as a structural component but has failed to provide sufficient
information from which the Commission can provide a response. The information provided relates to the use
of the products as a storm shutter.
8. The products in question should be
permissible for use in the high-velocity hurricane zone provided that the products
meet the requirements set forth in Paragraph 4.
9. The Commission is unable to respond to Petitioner’s
next inquiry, which lacks any specific question seeking only to dispute the
application of Section 1613.1.9.
10. Pursuant to Section 1613.1.9, the maximum
deflection for storm shutters is L/30 if the opening is not a glazed
opening.
11. Pursuant to Section 1613.1.9, the maximum
deflection for storm shutters is L/30 but not to exceed 2 inches if the opening
is a glazed opening.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED this ______ of _____________, 2011, in Coral Gables, Miami-Dade County, State of Florida.
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2011.
______________________________
PAULA P. FORD
Commission Clerk
Via
John H. Kampmann, Jr., P.E. Mo Madani, C.B.O. Manager
MEA Engineers, Inc. Codes and Standards Section
5656 Lawton Drive Department of Community
Affairs
Sarasota, Florida
34233 2555
Shumard Oak Blvd.
Tallahassee, FL 32399-2100