STATE OF FLORIDA

BUILDING COMMISSION

 

In the Matter of

 

RAYMOND A. MANUCY,                                                                          DS 2012-037  

 

            Petitioner.                                                                                           

_________________________/

 

DECLARATORY STATEMENT

 

The foregoing proceeding came before the Florida Building Commission (Commission) by a Petition from Raymond A. Manucy, President of RM Enterprises, Inc. (Petitioner), which was received April 30, 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 manufacturer of hurricane roof stands, tie down clips and wall brackets for mounting air conditioning units.

3.  Petitioner has a 2007 Florida Product Approval for his stands, tie down clips and wall brackets.

4.  Petitioner seeks clarification of the 2010 Florida Building Code, ASCE7-10 and HB 704 regarding the wind resistance requirements for Petitioner’s Florida approved products.

5.  Petitioner requests answers to the following questions:

 

(1)   Do I need to update my current (2007) Florida product approval #FL 3203-R2 to meet the new Florida Building Code 2010, ASCE7-10?  Yes or no

(2)   Do I need to meet the exposure ratings (B,C,D) of the Florida Building Code 2010 section 1609.4.3 Building section and ASCE7-10(FL) where the Florida Building Code 2007 ASCE7-05 only applies Exposure “C”?  Yes or no

(3)   Is it correct that Florida Building Code 2010, ASCE7-10 (FL) specifies higher lateral loads of 3.1 to 1 for all building heights where the Florida Building Code 2007 ASCE7-05 only specified 1.9 to 1.0 for buildings 60’ or less?  Yes or no

(4)   Is it correct that the Florida Building Code 2010, ASCE7-10 (FL) specifies the use of uplift pressure equal to 1.5 to 1 and the Florida Building Code 2007 ASCE7-05 used no additional uplift pressure?  Yes or no

(5)   Do I need to meet both the higher lateral loads and uplift loads?  Yes or no

(6)   Am I correct to say the 2010 FBC-Residential Section R4403.9.1Building and structures and every portion thereof, shall be designed and constructed to meet the requirements of chapter 26 through 31 of ASCE7-10?  Yes or no

(7)   Does the Governor want the FBC 2010, ASCE7-10 (FL) to be applied to building doors, garage doors, windows and roof tiles?  Yes or no

 

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 the State Product Approval Program is optional to that of the local product approval.  However, if Petitioner elects to maintain his current state product approval #FL 3203-R2, then Petitioner would have to update his state product approval to be in compliance with the 2010 Florida Building Code.

8.   In response to Petitioner’s second question, the answer is that for the purpose of demonstrating compliance with the 2010 Florida Building Code (FBC), Petitioner is required to comply with the applicable provisions of ASCE7-2010 and the FBC.

9.  In response to Petitioner’s third question, the answer is yes, in accordance with Section 1609.8, Florida Building Code, Building (2010); however, the 3.1 lateral load is permitted to be reduced based on the effective area.

          10.  In response to Petitioner’s fourth question, the answer is yes, in accordance with Section 1609.8, Florida Building Code, Building (2010); however, the 1.5 uplift pressure is permitted to be reduced based on the effective area.

          11.  In response to Petitioner’s fifth question, the answer is yes, in accordance with Section 1609.8, Florida Building Code, Building (2010).

          12.  In response to Petitioner’s sixth question, the answer is yes, in accordance with Section R4403.9.1, Florida Building Code, Residential (2010) with regard to Petitioner’s specific product in question - #FL 3203-R2.

          13.  In response to Petitioner’s seventh question, the Commission is not authorized to answer questions directed to the Governor.  Moreover, the Commission believes the question posed is not related to the Petitioner’s particular circumstances.  See §120.565(1), Florida Statutes (2011)(providing “[a]ny substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.”)(emphasis added).

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 U. S. 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 U.S. Mail                                                            Via Inter-Office or Email Delivery

 

Raymond A. Manucy, President                                Mo Madani, C.B.O. Manager

RM Enterprises                                                           Codes and Standards Section

352 A Tall Pines Road                                                Department of Business and Professional

West Palm Beach, Florida 33413                               Regulation

                                                                                    1940 North Monroe Street

                                                                                    Tallahassee, Florida 32399

                                                                                    Mo.Madani@dbpr.state.fl.us 

                                   

                                                                                    Brian Moore

                                                                                      Joint Administrative Procedures Committee

                                                                                     Pepper Building, Room 680

                                                                                    Tallahassee, FL 32399-1300