STATE OF
BUILDING COMMISSION
In the Matter of
LORRAINE A. ROSS,
2642 Tifton St. S.
Gulfport, Florida 33711-3643
Petitioner. DS 2012-019
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Lorraine A. Ross, which was received February 23, 2012, and amended March 12, 2012. Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, 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 (F.A.C.).
2. The petitioner, Ms. Lorraine A. Ross, representing The Dow Chemical Company (“Dow”), seeks clarification of code regarding the correct insulation level required for commercial building renovations and alterations by Table 502.1.1.1(2) in the 2010 Florida Building Code, Energy Conservation. Dow has been working with several insulation distributors, including G. Prouix of Fort Lauderdale, BlueLynx of Miami and All Interior Supply of Orlando and Hialeah, firms that are often asked questions regarding insulation requirements of the Florida Energy Code. Dow is committed to providing complete and accurate information regarding compliance with the Energy Code to its customers, including distributors, home builders, architects and other design professionals. To that end, Dow, along with these distributors, noticed that there appears to be a discrepancy in insulation values for insulation levels for renovation and alteration of commercial roofs in Table 502.1.1.1(2)
3. Petitioner seeks clarification of the following questions:
a. In Table 502.1.1.1(2), which is the correct insulation level for Roofs, an R-value of 38 or a U-factor of 0.033 which equates to an R-value of 30? If the correct answer is R-38, then the corresponding U-factor should be 0.025.
b. If the answer to Question 1 is an R-value of 38, what measures will be taken to correct the error, including correction of the values in the compliance software?
Conclusions of Law
1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement.
2. In response to the Petitioner’s first question, the answer is that the R-38 roof insulation value is correct; the corresponding U-value should be (U≤ 0.027). The U-0.033 conversion was a typographical error.
3. In response to the Petitioner’s second question, the answer is that the program uses U-0.033 for the Roof R-value for renovations and alterations in the EnergyGauge Summit 4.0 program but can be changed quickly with no problem.
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 Florida Rules of Appellate Procedure 9.110(a) and 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal must be filed with Agency Clerk, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1000 and with the appropriate District Court of Appeal not later than thirty (30) days after this Order is filed with the Clerk of the Department of Business and Professional Regulation. A Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee specified by Section 35.22(3), Florida Statutes.
DONE AND ORDERED this _____ day of ______________, 2012 in ____ Jacksonville, Duval County, or ____ Daytona Beach, Volusia County, State of Florida.
______________________________
RICHARD S. BROWDY
Chair, Florida Building Commission
CERTIFICATE OF
FILING AND SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order has been filed with the undersigned and furnished by U.S. Mail to the persons listed below this____ day of ____________________, 2012.
___________________________________
Agency Clerk’s Office, Department of Business and
Professional Regulation & Florida Building Commission
1940 North Monroe Street
Tallahassee, Florida 32399‑1000
Via U.S. Mail Via
Inter-Office or Email Delivery
Lorraine A. Ross Mo Madani, C.B.O. Manager
2642 Tifton St. S. Codes and Standards Section
Gulfport, Florida 33711-3643 Department of Business and Professional
Regulation
Marjorie C. Holladay 1940
North Monroe Street
Joint Administrative
Procedures Committee Tallahassee,
Florida 32399
Holland Building,
Room 120 Mo.Madani@dbpr.state.fl.us
Tallahassee