STATE OF
BUILDING COMMISSION
In the Matter of
LORRAINE A. ROSS,
2642 Tifton St. S.
Gulfport, Florida 33711-3643
Petitioner. DS 2012-020
_________________________/
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 required insulation levels for mass walls utilizing the prescriptive compliance path in the Florida Energy Code, Chapter 4, which addresses energy efficiency provisions for residential construction. 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, found that there is a discrepancy in insulation values for mass walls using the prescriptive compliance path in Chapter 4, Residential, of the Florida Building Code, Energy Conservation.
3. Petitioner seeks clarification of the following questions:
a. Are the U-values for mass walls incorrect as listed in Table 402.1.1.3 (reference by prescriptive path Section 402.1.1.2) and its applicable footnote b?
b. Are the U-values stated in Table 402.1.3 in violation of Florida Law, because these values contradict the value of thermal mass by requiring more insulation on the exterior of the wall than the interior side of the wall?
c. If only the insulation for mass walls, as shown in Table 402.1.1 and Table 402.1.1.3 meets the applicable R-factor or U-factor, does this alone constitute “compliance with the Florida Energy Code”, or must all footnotes contained within Table 4021.1.3 also be met in order to use the prescriptive path?
d. How has the compliance software and applicable reports derived from this software address the discrepancies in the insulation values for mass walls using the prescriptive compliance path as well as the requirement that ALL footnotes shown in Table 402.1.1 and Table 402.1.1.3 must be met before compliance with the Florida Energy Code can be claimed.
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 U-values for mass walls are incorrect as listed in Table 402.1.1.3. Table 402.1.1.3, Equivalent U-Factors, was intended to reflect the R-values in Table 402.1.1. Table 402.1.1.3 now compares the U-factor for insulation located on the interior of mass walls to that specified for insulation located on the exterior of mass walls in Table 402.1.1. Thus, footnote b should be corrected to read: “When more than half the insulation is on the exterior, the mass wall factors shall be a maximum of 0.165.”.
3. In response to the Petitioner’s second question, the answer is that whether the U-values stated in Table 402.1.1.3 are in violation of Florida Law is beyond the scope of this Declaratory Statement.
4. In response to the Petitioner’s third question, the answer is that all other prescriptive criteria of Table 402.1.1, the prescriptive criteria in Section 402.1.2.4, and footnotes to Table 402.1.1.3 must also be met.
5. In response to the Petitioner’s fourth question, the answer is that the question is beyond the scope of this Declaratory Statement.
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