FLORIDA BUILDING COMMISSION

Legal Report

APRIL 7, 2009

 

1. DCA08-DEC-207 by Anthony Apfelbeck, Fire Marshall/Building Official, City of Altamonte Springs (December 2008)

Question 1:  Does the rule apply only to new construction of a new building, or does it also apply to additions or alterations as defined in the FEBC?

 

Answer:  The rule applies to all buildings for which a permit for new construction is issued.  In this case, it would apply to construction of new buildings, additions and level 3 but not level 1 or 2 alterations as defined in the FBC-Existing Building.

 

Question 2:  If the rule applies to additions, does an addition require the complete existing structure to comply with installing CO detectors as prescribed in the rule? (hardwired and battery back up)

For example: If an attached garage or a screen enclosure is added to an existing home, are CO detectors required to be installing within the complete existing structure?

 

Answer:  No, unless the addition meets the requirements for the Rule 9B-3.0472.

 

Question 3.  If the rule applies to all alterations, does it require the complete existing structure to comply with installing CO detectors as prescribed in the rule? (hardwired and battery back up)

Example #1: If a new gas furnace is installed in an existing home, whereas it was electric before, are CO detectors required to be installing within the complete existing structure? 

Example #2: If any type of permit is issued on the existing structure are CO detectors required to be installing within the complete existing structure?

 

Answer:  No, it does not apply to all alterations, however it does apply to level 3 alterations.

 

Question 4. If the answer is yes to the questions 2 or 3 above, must hardwired CO detectors be installed with a battery backup? 

Answer:  No, if the addition requires a CO detector in the existing building it may be battery powered.

 

Question 5.  Does the rule apply to repairs, as defined by the FEBC?

 

        Answer:  NO.

 

Question 6.  Does the rule apply to a change in occupancy, as defined by the FEBC?

 

Answer:  YES, if the change of occupancy meets the requirements or intent of Rule 9B-3.0472.

For the February meeting the petitioner has requested the following :The petitioner requested that the response time of Chapter 120 Procedure for this Declaratory Statement be extended until June 1st 2009, with the understanding that the extension will not result in the dismissal of the Declaratory Statement.

2. DCA08-DEC-344 by Alvin Scolnik, National Electrical Manufacturer's Association

Withdrawn at request of petitioner


3. DCA08-DEC-345
by James Reed, Southwest Progressive Enterprises, Inc

Dismissed, as no further information has been provided by the applicant to correctly determine the products structural properties.


4. DCA09-DEC-009
by Thomas H Ford of Bhamani, Ford

Question #1:         Floor area of warehouse space for a retail store is 1250 SF x .04 = 50 SF.  An over head door is 10’ x 16’ = 160 SF, therefore no mechanical ventilation to bring outside air to the storage area is required, or no additional louvers in the exterior wall are required because 50 SF is less than 160 SF.

Does this comply with the intent of section 402.2 Ventilation Area Required?

 

Answer:    Yes.  The size of the openable area “160 SF” to the outdoors does comply with the intent of Section 402.2 of the FBC, Mechanical.

 

Question #2:  If there are no windows or doors to the outside then mechanical ventilation of 62.5 CFM minimum would be required for this un-air conditioned space:  1250 SF x 0.05 CFM/SF = 62.5 CFM.

      Does this comply with the intent of Table 403.3 Required Outdoor Ventilation Air?

 

Answer:    Yes.  Mechanical ventilation of “62.5 CFM” does comply with the intent of Table 403.3 of the FBC, Mechanical for a 1250 square foot warehouse.

 

5. DCA09-DEC-025 by Brad Wetherholtz , Florida Roofing and Sheet Metal Association

Question 1:  Is a 0.131 diameter nail, minimum 2.25” long, acceptable as an existing nail in lieu of the above referenced .141 diameters when re-nailing roof decks as per the 2007 FBC, Existing Building Volume, section 611.7.1 and associated sections.

Answer:  Yes. It appears that there is an internal conflict within Section 611.7.1 with regard to the specifications for an 8d nails.  According to the National Design Specification for Wood Construction “NDS”, which is adopted by reference in the FBC, Building Volume “See Table L4 above”, the minimum diameter for an 8d common nail is (.131”).  There are no technical bases or justification available from the national standard of practice for the (.141”) specification.  Therefore, it is evident that the diameter for a standard 8d Common nail is “.131 inch” and not “.141 inch”.

 

Question 2:  Is .141 a typographical error?

Answer:  See above.

6. DCA09-DEC-045 by Brad Wetherholtz , Florida Roofing and Sheet Metal Association

Question 1: Does a home requiring roof to wall improvements as per 611.8, with both gable and hip configurations, and a confirmed cost to improve both gable ends and hip corners that would exceed 15% of the re-roof cost be required to improve only the portion that would apply as per 611.8.1.7?

 

Answer:  Understanding that one of the improvements “gable ends or hip corners” can be improved at a cost not to exceed 15% of the re-roof cost, the answer is as follows:

 

Yes.  Improvement is subject to the criteria of Section 611.8.1.7.

 

Question 2:  If the answer to question 1 is yes, then it would seem that 611.8.1.7 enforces partial improvements (up to 15% of the cost of the re-roof) in lieu of all improvements that was previously listed in 611.8© that was stricken at the time of the glitch review and approve process and is not consistent with the approved language submitted by the wind mitigation workgroup.  Question:  Does section 611.8.1, exception 2 supersede section 611.8(b) and void 611.8.1.7 when a home has both gable ends and hip corners that require improvements?

 

Answer:  No. With regard to the project in question all sections “611.8.1, Exception 2, 611.8(b) and 611.8.1.7” would apply.

 

Question 3:  If the answer to question 2 is no On a home that has both gable and hips, and as per section 611.8.1.7, and the gables are priority (or vice-versa) and can be improved with in budget of 15% of the re-roof cost, but all of the hip corners cannot be improved with in the same budget (15% of the reroof cost) does any all the hip corners still need to be improved?

 

Answer:   No, if the residual funds are not sufficient to complete the mitigation/repairs of all hip corners then none are required. 

7.  DCA09-DEC-051 by David Hodges, Fine Tooth Comb Investigations

Withdrawn at request of petitioner


8. DCA09-DEC-053
by James R. Schock City of Jacksonville

Question #1:         Does this section of the Code apply to commercial applications, residential applications or both?

 

Answer:  As per 553.844(3), Florida Statutes, the application of Section 105.15 of the FBC, Building is limited to site-built, detached single-family residential structures.

 

Question #2:         Assuming this home was constructed under the 2001 FBC and designed for a higher internal pressure is it still required to provide wind borne protection? 

 

Answer:  No.  As per Section 553.844(1), it is the intent of the law to address construction undertaken prior to the implementation of the Florida Building Code.  Previous editions of the FBC (2001 and 2004 without the 2007 Supplement) did allow the partially enclosed option as a mean of protection. 


9. DCA09-DEC-055
by David Hodges, Fine Tooth Comb Investigations

Withdrawn at request of petitioner

10. DCA09-DEC-056
by David Hodges, Fine Tooth Comb Investigations

Withdrawn at request of petitioner

11.  DCA09-DEC-062
by Dan Arlington, St. Johns County

Question #1:         Is it the intent of the new FBC Section 105.15 that it applies to only site-built single family residential structures, or all buildings?

 

Question #2:         Is it the intent of the new FBC Section 105.15 to require opening protections for buildings built before July 1, 20078 using partially enclosed engineering as an alternative to opening protections? 

 

The committee voted to consolidate both DCA09-DEC-053 and DCA09-DEC-062, with the answer to the questions from DCA09-DEC-053.