STATE OF
BUILDING COMMISSION
In the Matter of
REVIEW AND PERMITTING
DEPARTMENT
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Robert Dunn of the Collier County Building Review and Permitting Department, which was received on April 23, 2009. 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 is an agency of Collier County
and enforces the Florida Building Code in
3. The Petitioner has received inquiries whether
it must issue a permit related to replacement of gas and electric water heaters.
4. The Petitioner inquires whether replacement of a gas or electric water heater requires a building permit under the requirements of the Florida Building Code?
Conclusions of Law
1. The
2. Section 105.1, Florida Building Code, Building Volume (2007), requires that:
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
3. Section 105.2, Florida Building Code, Building Volume (2007), identifies work for which a permit is not required. That list does not include water heaters.
4. Therefore, based on the foregoing, and in the absence of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes (2007), the Code requires a permit for the replacement of a gas or electric water heater.
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
Robert Dunn Mo Madani, C.B.O. Manager
Building Director Codes and Standards Section
Review
and Permitting Department