FLORIDA BUILDING CODE BINDING INTERPREATION

Date: August 25, 2008
Report # 45
Petitioner: Jeffrey Scott
Year: 2004
Code: Residential
Section: Section R101.2
Question: Collier County has issued permit 2007040245 for a single family
residence and the 4 story house is under construction. The house is
located in a coastal area and the ground floor is below flood elevation.
The house is three stories over parking. Section R101.2 states the
residential code should apply to detached single family dwellings and
town houses less than three stories. The building department is stating
that one family detached dwellings must also be less than three stories to
use the residential code.
Answer: It appears that section 508.4 only applies to type I and IV construction
types for not counting the parking as a story. This will allow a 20 feet
increase in height not exceeding 60 feet or 4 stories. This is type III
construction type so the building is properly identified as a 4-story
structure. This structure falls under the Florida Building Code - Building
per section 101.2 and not the Florida Building Code – Residential per
section R101.2. The Florida Residential Building Code 2004 Ed' W/ 2006
Supplements is limited to not more than 3 stories above grade. The Florida
Building Code - Building 2004 Edition w/ 2006 Supplements is the proper
code for the design. This building is group R in the building code and is
required to be sprinkled as well per Section 504.2 which also allows for
the story and height increase in sprinkled construction.

Commentary: Table 500 as quoted by the Building Department does not exist in the 2004 code. The garage does count as a story due to the construction type. Additionally, this building qualifies as a “Threshold Building” so section “109.3.6 Threshold building” applies. The garage should be classified per “406.1 Private garages and carports.”