Legal Report

August 20, 2007

DCA07-DEC-085 by Walter A. Tillit, JR, PE, TilTeco, Inc., dismissed.

DCA07-DEC-110 by Tommy L. Bruner,Kenco Communities at Ibis, Inc., withdrawn.

DCA07-DEC-115 by Kelly Carman, PE, Leo A. Daly

To the question, Is the intent of the code to provide a master switch that controls the guestroom only or is the intent to include the bathroom?, the answer is that Section 13-415.1.ABC.1.3 requires all permanently installed luminaries and switches receptacles to be controlled by a master control device at the main room entry; there is no exception for bathroom lighting.

DCA07-DEC-116 by Jeffrey K. Hulsberg, PE, Hulsberg Engineering Inc.

Question One - Is Exposure “D” a valid Exposure in Florida for the single family home in question?

Answer – Yes.

Question Two - Does Exposure “D” apply to only to the first building on the shoreline next to the water?

Answer –In accordance to ASCE 7-02, exposure D applies to the first building where no obstructions exist. Beyond the first building, an analysis must be performed to determine which is the appropriate exposure.

Question Three - What is the transition zone length from exposure D to the next applicable inland exposure category B for the subject case?

Answer - The transition zone is 1500 feet.

DCA07-DEC-133 by Kenneth R. Pfeiffer, PE, Pfeiffer Engineering, Inc., withdrawn.

DCA07-DEC-135 by Emil Veksenfeld, PE, deferred for additional information.

DCA07-DEC-136 by Billy Tyson, CBO, CRA Architects, withdrawn.

DCA07-DEC-141 by John Leedy, PE, Leedy Electric Corporation

Question - Does the above mentioned project require a Engineer to prepare the plans?

Answer - Yes, the project exceeds 240 volts.

DCA07-DEC-145 by Jode Barrows, JLB Drafting

Question - Can a Building Official accept a engineered foundation for a modular building as a alternate method rather than the prescriptive requirements of Chapter 18 of the Florida Building Code, if the design can be shown to transfer all uplift, lateral, gravity and soil bearing loads as required by the Florida Building Code?

Answer - Yes, according to section 104.11 of the 2004 Florida Building Code, Building, the Building Official has the authority to accept alternative design to that of the prescriptive requirements of the code where he/she finds that the proposed design/alternative complies with the intent of the code.

DCA07-DEC-146 by Jode L. Barrows, JLB Drafting

Question One - Is a temporary 48’x56’ Modular Sales Office building exempt from all of the Florida Building Code except for the requirements in chapter 11 relative to accessibility issues?

Answer - Yes, the Florida Statutes exempts Temporary Modular Office buildings from the Florida Building Code except for the requirements in the code relating to accessibility by persons with disabilities.

Question Two - Do Florida Building Code sections 107.1 (relative to temporary structures), and 1805.2 (relative to footings) apply to buildings which are exempt from the Florida Building Code?

Answer - No, the only part of the Florida Building Code that is applicable to these buildings are those pertaining to accessibility issues.

Question Three - Can a local government pass a local ordinance that limits the amount of time, (e.g.180 days or less) for such a building in order for it to be considered temporary?

Answer – Application of the code to address the issue in question is not appropriate since the building is exempt from the code by statute.