STATE OF
BUILDING COMMISSION
In the Matter of
CITY OF
SERVICES DIVISION,
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing
proceeding came before the Florida Building Commission (the Commission) by a
Petition from Nick D’Andrea, Jr., of the City of
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 the City of
3. The Petitioner has received a permit application for renovation of a space on the second floor of an existing building not within a school or academic program. The building is business occupancy, is fully sprinklered and includes a monitored alarm system. The proposed renovation includes an area of approximately 6800 square feet and includes training and skill development rooms ranging in size between 800 and 1050 square feet. The rooms are to be used for training purposes and have an occupant load of less than 50 people.
4. The Petitioner inquires whether the Code requires training/skill development rooms located within a single tenant building with a business occupancy to be classified as Assembly Group A or Business Group B and, if the training rooms are greater than 750 square feet, is occupancy separation required as indicated in section 508.3 and Table 508.3.3 of the Florida Building Code, Building Volume?
Conclusions of Law
1. The
2. Section 301.1, Florida Building Code, Building Volume (2007), describes Assembly Group A occupancy as:
the use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation.
This occupancy specifically includes lecture halls, exhibition halls and
community halls. Certain exceptions to
the classification are provided based on size of the room or the occupant load
thereof.
3. Section 304.1, Florida Building Code, Building Volume (2007), however, specifically identifies areas for training and skill development that are not within a school or academic program as included within Business Group B occupancy.
4. Section 102.1, Florida Building Code, Building Volume, provides that:
Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
5. Although the general provisions relating to assembly occupancies might be interpreted to apply to the areas in question, the specific provisions cited in paragraph 3 mandate that the areas be classified as a Business Group B occupancy.
6. In accordance with the foregoing and based on the facts presented and accepted as true for the purposes hereof, the Commission concludes that the training and skill development areas of the subject building are properly classified as Business Group B Occupancy.
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
Nick D’Andrea, Jr., Mo Madani, C.B.O. Manager
Construction Operations Manager Codes and Standards Section
City of