STATE OF
BUILDING COMMISSION
In the Matter of
COLE & RUSSELL
ARCHITECTS, INC., Case #: DCA08-DEC-147
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from John Berry, AIA, of Cole & Russell Architects, Inc., which was received on May 27, 2008, and subsequently amended on May 28, 2008. 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.
2. The Petitioner designs buildings subject to the provisions of Chapter 553, Florida Statutes, and rules adopted pursuant thereto.
3. The Petitioner is designing a four-story, 183 unit senior housing apartment project known as the Sweetwater Senior Housing Project. The total facility area, including all floors, is 208,000 square feet. The facility is comprised of three distinct areas separated by fire walls with structural integrity referred to in the Petition as the north building, the south building and the central building. Fossil fueled appliances are located only in the central and north buildings.
4. The Petitioner inquires whether Rule 9B-3.0472, Florida Administrative Code, requires carbon monoxide detectors throughout the entire project or just within the central and north buildings?
Conclusions of Law
1. The
2. Rule 9B-3.0472, Florida Administrative Code, states:
Every building for which a permit for new construction is issued on or after 7/1/08 and having a fossil-fuel-burning heater or appliance, a fireplace, or an attached garage shall have an operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes.
3. The foregoing rule does not define the word “building,” but its common usage in the field of codes and standards is reflected by Section 705.1, Florida Building Code, Building Volume (2004 as amended 7/-6), which states:
Each portion of a building separated by one or more fire walls that comply with the provisions of this section shall be considered a separate building. For the purposes of determining height and area in accordance with Table 503, fire walls dividing buildings into separate buildings shall provide a 4-hour fire-resistance rating. The extent and location of such fire walls shall provide a complete separation. Where a fire wall also separates groups that are required to be separated by a fire barrier wall, the most restrictive requirements of each separation shall apply. Fire walls located on lot lines shall also comply with Section 503.2. Such fire walls (party walls) shall provide a 4-hour fire-resistance rating and shall be constructed without openings.
4. In accordance with the foregoing, Rule 9B-3.0472, Florida Administrative Code, only requires carbon monoxide detectors within the areas identified by the Petitioner as the north building and the central building.
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 with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal must
be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED
this ______ of _____________, 2008, in
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2008.
______________________________
PAULA P. FORD
Commission Clerk
Via
John Berry, AIA Mo Madani, C.B.O. Manager
Cole & Russell Architects, Inc. Codes and Standards Section