Issue: DCA08-DEC-216.   The petitioner Vincent C. Vaulman, CCE, of Madsen, Kneppers & Associates, Inc., seeks a declaratory statement requesting clarification of Chapter 3 of the Florida Building Code, Existing Building Volume, regarding alteration levels and repairs to a storm damaged hotel.

Background:

Situation: Specifically, the project is a hotel in Ormond Beach, Florida that was damaged in the hurricanes of 2004.  Damage sustained from the hurricanes included a loss of the roof membrane, broken windows and guest room water damage.  The scope of work would include replacement of broken windows, the removal and replacement of drywall throughout, the replacement of some exterior doors, replacement of carpeting, replacement of fan coil PTAC units, limited structural repair and the installation of a new roof membrane.  The repairs would not require any reconfiguration of any interior rooms or spaces.

2004 Existing Building Volume:
Chapter 2:  Definitions

ALTERATION. Any construction or renovation to an existing structure other than repair or addition. Alterations are classified as Level 1, Level 2, and Level 3.

REPAIR. The patching, restoration and/or minor replacement  of materials, elements, components, equipment and/or fixtures for the purposes of maintaining such materials, elements, components, equipment and/or fixtures in good or sound condition. (emphasis added)

302.1 Scope.
Repairs, as defined in Chapter 2 , include the patching or restoration of materials, elements, equipment, or fixtures for the purpose of maintaining such materials, elements, equipment, or fixtures in good or sound condition.

302.2 Application.
Repairs shall comply with the provisions of Chapter 4 .

303.1 Scope.
Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose. Level 1 alterations shall not include any removal, replacement or covering of existing materials, elements, equipment or fixtures undertaken for purpose of repair as defined in Chapter 2 and described in Section 302 .

303.2 Application.
Level 1 alterations shall comply with the provisions of Chapter 5 .

304.1 Scope.
Level 2 alterations include the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment.

304.2 Application.
Level 2 alterations shall comply with the provisions of Chapter 5 for Level 1 alterations as well as the provisions of Chapter 6 .

305.1 Scope.
Level 3 alterations apply where the work area exceeds 50 percent of the aggregate area of the building and made within any 12-month period.
Exception: Work areas in which the alteration work is exclusively plumbing, mechanical or electrical shall not be included in the computation of total area of all work areas.

305.2 Application.
Level 3 alterations shall comply with the provisions of Chapters 5 and 6 for Level 1 and 2 alterations, respectively, as well as the provisions of Chapter 7 .

Staff Recommendations:  Staff provides the following for consideration.

Question One: Explain the differences between Alteration Levels 1, 2, 3?

Answer:  This question is too general, and outside the scope of the declaratory statement process.  Question must be specific to a project in question.

Question Two: Would it make any difference if repairs had to be made to more than 50% of the area if there is no change to room layout or arrangement?

Answer:  No, the scoping section of the Existing Building Code relative to repair (302.1) does not take in consideration the percentage of work area.

Question Three:   What impact would pre-existing conditions (i.e., deteriorated metal studs) have (in addition to hurricane damage) on the determination of alteration level if there is no change to room layout or arrangement?

Answer:   None. In order to determine whether the work is to be classified as repair or one of the alteration levels, one must consider the definitions of each term.  

Question 4:   What alteration level would you consider the removal and replacement of materials of like kind to return a property to pre-existing condition with no change to wall assembly/layout or floor plan.

Answer:  Alteration Level 1.