STATE OF FLORIDA

BUILDING COMMISSION

 

In the Matter of

 

ARNOLDO ARTILES, P.E.,                                                                                                DS 2012-034  

 

            Petitioner.                                                                                           

_________________________/

 

DECLARATORY STATEMENT

 

The foregoing proceeding came before the Florida Building Commission (Commission) by a Petition from Arnoldo Artiles, P.E. (Petitioner), which was received April 11, 2012.  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 (F.A.C.).

2.  Petitioner is a Florida licensed professional engineer specializing in structural design.

3.  Petitioner has a project involving placement of telecommunication equipment on an elevated platform.

4.  Petitioner seeks clarification of the Florida Building Code regarding the correct risk category calculation for his project because Section 1603.1.4, Florida Building Code, Building (2010) provides that a risk category can be obtained from either Table 1604.5 or Table 1.5-1 of ASCE7-10 which provides two different results.

5.  Petitioner requests answers to the following questions:

 

(1)   What risk category would my telecommunication equipment fall under ASCE7-10 Table 1.5-1?

(2)   What risk category would my telecommunication equipment fall under FBC Table 1604.5?

(3)   If the risk category under ASCE7-10 is more stringent than the risk category under FBC, which risk category should I use for telecommunication equipment?

 

Conclusions of Law

6.  The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement.

7.   In response to Petitioner’s first question, the answer is that under ASCE7-10 the project at issue falls under Risk Category III.

8.   In response to Petitioner’s second question, the answer is that under Table 1604.5, Florida Building Code, Building (2010) the project at issue falls under Risk Category II.

9.  In response to Petitioner’s third question, the answer is that pursuant to Section 102.4, Florida Building Code, Building (2010), the project at issue falls under Risk Category II.

DONE AND ORDERED this _____ day of ______________, 2012 in ____ Jacksonville, Duval County, State of Florida. 

______________________________

RICHARD S. BROWDY

Chair, Florida Building Commission

 

 

NOTICE OF RIGHT TO APPEAL

 

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 Florida Rules of Appellate Procedure 9.110(a) and 9.030(b)(1)(C).  To initi­ate an appeal, a No­tice of Appeal must be filed with Agency Clerk, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1000 and with the appropriate District Court of Appeal not later than thirty (30) days after this Order is filed with the Clerk of the Department of Business and Professional Regulation.  A Notice of Appeal filed with the District Court of Appeal shall be accom­panied by the fil­ing fee specified by Section 35.22(3), Florida Statutes. 

 

CERTIFICATE OF FILING AND SERVICE

 

            I HEREBY CERTIFY that a true and correct copy of the foregoing order has been filed with the undersigned and furnished by e-mail to the persons listed below this____ day of  ____________________, 2012.

___________________________________

Agency Clerk’s Office

Department of Business and Professional Regulation

   & Florida Building Commission

1940 North Monroe Street

Tallahassee, Florida 32399‑1000

 

 

Via Inter-Office or Email Delivery

 

Arnoldo A. Artiles, P.E.                                             Mo Madani, C.B.O. Manager

1920 Wekiva Way, Suite 200                                     Codes and Standards Section

West Palm Beach, Florida 33411                               Department of Business and Professional

Arnoldo.Artiles@kimley-horn.com                            Regulation

                                                                                    1940 North Monroe Street

Brian Moore                                                                Tallahassee, Florida 32399

Joint Administrative Procedures Committee              Mo.Madani@dbpr.state.fl.us 

Pepper Building, Room 680                                      

Tallahassee, FL 32399-1300