DEC REQUEST DS2012-021 STAFF ANALYSIS (Revised 4/23/2012)

 

 

ISSUE: DS2012-021. Petitioner seeks a Declaratory Statement on an interpretation of Section 101.4, Table 101.4.1 and Section 402.3.6 of the Florida Building Code, Energy Conservation.

 

Petitioner in DS2012-021 seeks clarification of the following questions:

1.      Regarding replacement fenestration, are replacement of windows or doors required to meet the provisions of FBC-EC at Section 402.3.6 where the windows or doors replaced within a twelve month period do not meet the code definition of renovation?

2.      Regarding replacement fenestration, are replacement of windows or doors required to meet the provisions of the FBC-EC at Section 402.3.6 where the windows or doors replaced within a twelve month period do not meet the statutory definition of renovation?

3.      Is Note d to Table 101.4.1 intended to codify Chapter 553.902 Florida Statute?

4.      Regarding the conflict between Sections 101.4.1 and 402.3.6, does 101.4.1 prevail since it reflects statutory requirements?

 

 

Situation:

 

Mr. Joseph D. Belcher of JDB Code Services, Inc., representing AWP Windows and Doors, LLC, and the Aluminum Association of Florida, seeks clarification of code regarding replacement windows and doors, reporting possible removal of product from shelves and significantly increased costs to upgrade fenestration products to the 2010 Florida Building Code, Energy Conservation, if the provisions of Section 402.3.6 apply to all replacement windows and doors. AWP was informed by the Home Depot millwork buyer a month ago that they understood windows and doors on the store shelf could no longer be sold after March 15, 2012, due to changes in the Florida Building Code energy provisions, causing AWP to be adversely affected by the application of new code provisions for replacement windows.  Belcher further argues that the removal of lower cost windows from the market will cause people to not replace grossly inefficient windows with more efficient windows.

 

 

Additional Situation: Tropical Windows, Inc. is a company in the business of selling and installing windows in existing and new buildings and structures. Currently, Tropical Windows is in the process of providing an estimate for the replacement of all the windows of a single-family dwelling in Citrus County, Florida. The project consists solely of replacing the windows of the residential dwelling and the value of the project does not exceed 30 percent of the assessed value of the structure. Tropical Windows, Inc. requests clarification by

Declaratory Statement on the following question:

 

Since the project does not exceed 30 percent of the assessed value of the residential dwelling in accordance with Section 101.4.1and Table101.4.1 Note d, does Florida Building Code-Energy Conservation Section 402.3.6 apply to the project?

 

Should there be any questions, you need further information, or you wish to discuss this

 

Background: 

 

  1. Section 553.902, Florida Statutes. Definitions, states:                                              

(3) “Renovated building” means a residential or nonresidential building undergoing alteration that varies or changes insulation, HVAC systems, water heating systems, or exterior envelope conditions, provided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure.

 

  1. Section 553.906, Florida Statutes, states:  “Thermal efficiency standards for renovated buildings.—Thermal designs and operations for renovated buildings for which building permits are obtained after March 15, 1979, shall take into account insulation; windows; infiltration; HVAC, service water heating, energy distribution, lighting, energy managing and auxiliary systems design and equipment selection and performance. Such buildings shall not be required to meet standards more stringent than the provisions of the Florida Energy Efficiency Code for Building Construction. These standards apply only to those portions of the structure which are actually renovated.”

 

  1. Section 101.4.3 of the 2010 Florida Building Code, Energy Conservation, Additions, alterations, renovations or repairs, states:  “Additions, alterations, renovations or repairs to an existing building, building system or portion thereof shall conform to the provisions of Table 101.4.1 of this code as they relate to new construction without requiring the unaltered portions(s) of the existing building or building system to comply with this code…”

 

  1. Chapter 2 of the 2010 Florida Building Code, Energy Conservation, defines “renovation” as follows:  “RENOVATION: Any structural repair, reconstruction or restoration to a structure, the costs of which equals or exceeds, over a 1-year period, a cumulative total of 30 percent of the assessed value of the structure when that value is assessed, either: 1) Before the improvement or repair is started; or 2) Before the damage occurred, if the structure has been damaged.
         For the purposes of this Code, renovation occurs when the first alteration of any wall, ceiling, floor, or other structural part or mechanical system of the building commences, whether or not that alteration affects the external dimensions of the structure.”  This definition of “renovation” was expanded from the definition in Florida law with the 1993 Florida Energy Efficiency Code for Building Construction to be consistent with the definition of “renovation” in effect in other codes at the time and clarifies the time period over which the job cost is determined.

 

  1. In Table 101.4.1 of the 2010 Florida Building Code, Energy Conservation, under “Renovations”, changes to the building envelope are directed to meet the provisions of Section 402 for residential applications.  However, footnote “d” to the “Renovations” category clarifies that Renovations are “Buildings undergoing alteration that vary or change insulation, HVAC systems, water heating systems, or exterior envelope provided that the estimated cost exceeds 30 percent of the assessed value of the structure (see Ch. 2, Definitions).”

 

  1. Section 402.3.6 of the Florida Building Code, Energy Conservation, Replacement fenestration, states:  “Where some or all of an existing fenestration unit is replaced with a new fenestration product, including sash and glazing, the replacement fenestration unit shall meet the applicable requirements for U-factor and SHGC in Table 402.1.1.”

 

  1. Florida law has what we call the “renovation” clause: In plain English, with some notable exceptions (building systems), if the cost of what is happening to a building is less than 30% of the assessed value of the structure, it doesn’t have to meet code—the code simply does not apply; thus, it is properly included under Section 101.4 of the code, Applicability.  If the cost of what is happening to the building is over the 30 %, the components being changed shall meet code. 

 

 

Staff Recommendations:  Based on the above facts and circumstances, staff provides the following recommendations as answers to proponent’s questions:

 

Question 1:

To the question, Regarding replacement fenestration, are replacement of windows or doors required to meet the provisions of FBC-EC at Section 402.3.6 where the windows or doors replaced within a twelve month period do not meet the code definition of renovation?, the answer is NO, not unless the cost of the job (calculated over a year period) exceeds 30 percent of the assessed value of the structure.

 

Question 2:

To the question, Regarding replacement fenestration, are replacement of windows or doors required to meet the provisions of the FBC-EC at Section 402.3.6 where the windows or doors replaced within a twelve month period do not meet the statutory definition of renovation?, the answer is NO, not unless the cost of the job (calculated over a year period) exceeds 30 percent of the assessed value of the structure. The definition in Florida Statutes has been appropriately clarified by the code.

 

Question 3:

To the question, Is Note d to Table 101.4.1 intended to codify Chapter 553.902 Florida Statute?, the answer is YES, when Florida law was superimposed upon the language in the base document (the International Energy Conservation Code), the renovations clause was included under Section 101.4 of the Florida Building Code, Energy Conservation, Applicability, as footnote d to Table 101.4.1.

 

Question 4:

To the question, Regarding the conflict between Sections 101.4.1 and 402.3.6, does 101.4.1 prevail since it reflects statutory requirements?, the answer is YES, the criteria of Section 101.4, including footnote “d” to Table 101.4.1, take precedence to the requirements of Section 402.3.5 because they determine applicability of the code to existing buildings as determined by Florida law.

 

Additional Situation:

Since the project does not exceed 30 percent of the assessed value of the residential dwelling in accordance with Section 101.4.1and Table101.4.1 Note d, does Florida Building Code-Energy Conservation Section 402.3.6 apply to the project? The answer is NO, not unless the cost of the job (calculated over a year period) exceeds 30 percent of the assessed value of the structure.