STATE OF
BUILDING COMMISSION
In the Matter of
BUILDING DEPARTMENT, Case #: DCA08-DEC-150
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from James Paula, Plans Examiner with the St. Johns County Building Department, which was received on June 2, 2008. 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.
2. The Petitioner is the authority having
jurisdiction to enforce the Florida Building Code in
3. The Petitioner is reviewing plans for a three-story, single family, pile supported structure located seaward of the coastal construction control line [CCCL].
4. The Petitioner requests an interpretation of Section 3109, Florida Building Code (2004 as amended 7/06) as it applies to this structure, and specifically:
(a). Whether Section 3109.4.1 requires a pile foundation for decks and stairs attached to the structure;
(b). Whether Section 3109.4.1 allows a design ratio of pile spacing to pile diameter of less than 8:1; and
(c). Whether Section 3109.3 requires that the bottom of the lowest horizontal structural member be located above the 100 year storm elevation when a only portion of the lowest horizontal members fall landward of the CCCL?
Conclusions of Law
1. The
2. Section 3109.1.1, Florida Building Code, Building Volume (2004 as amended 7/06), requires that all habitable structures that extend in whole or in part beyond the CCCL comply with the requirements of Section 3109 of the Code.
3. Section 3109.3, Florida Building Code, Building Volume (2004 as amended 7/06), requires that, subject to limited exceptions that are inapplicable to the Petitioners’ circumstances:
All habitable structures shall be elevated at or above an elevation which places the lowest horizontal structural member above the 100-year storm elevation as determined by the Florida Department of Environmental Protection in the report titled “One-Hundred-Year Storm Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line.”
4. Section 3109.4.1 Florida Building Code, Building Volume (2004 as amended 7/06), generally requires pile foundations for all habitable structures with a design ratio of pile spacing to pile diameter of not less than 8:1. This section provides specific exceptions that are inapplicable to the facts of the Petition.
5. Section 3109.2, Florida Building Code, Building Volume (2004 as amended 7/06) defines habitable structures as “[s]tructures designed primarily for human occupancy and are potential locations for shelter from storms. Typically included within this category are residences, hotels and restaurants.”
6. Section 202, Florida Building Code, Building Volume (2004 as amended 7/06), defines structure as “[t]hat which is built or constructed.”
7. Based on the foregoing, the structure in question includes decks and stairs attached to the building, and there is no basis for any differentiation of these elements. As such, the decks and stairs are required to be elevated on a pile foundation with a design ration of pile spacing to pile diameter of not less than 8:1.
8. Additionally, if any portion of the structure extends seaward of the CCCL, the bottom of the lowest horizontal structural member must be located above the 100 year storm elevation even when a portion of the lowest horizontal members fall landward of the CCCL.
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
James Paula Mo Madani, C.B.O. Manager
Plans Examiner Codes and Standards Section
St. Johns Building
Department Department of Community Affairs
4040
Lewis Speedway 2555 Shumard Oak Blvd.