Issue: DCA09-DEC-259. The Petitioner seeks a declaratory statement requesting clarification of whether a building permit is required for the attachment of lightweight materials to an existing building for the purpose of advertising or murals.
Specifically, “Does the installation of lightweight material (such as vinyl mesh) murals on the exterior of existing buildings require a building permit as might otherwise be required by Section 105.1 of the FBC (2004 and 2007 editions)?
Background:
(1) Situation: The Petitioner is the owner of the property
located at
(2) 2007
101.2 Scope. The provisions of this code shall apply to the
construction, alteration, movement, enlargement, replacement, repair,
equipment, use and occupancy, location, maintenance, removal and demolition of
every building or structure or any
appurtenances connected or attached to such buildings or structures.
Exceptions:
1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Chapter 34 of this code.
105.1 Required. Any owner or
authorized agent who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any required
impact-resistant coverings, electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be done, shall first make application
to the building official and obtain the required permit.
SECTION 3107
SIGNS
3107.1 General. Signs shall be designed, constructed and maintained in
accordance with this code.
3202.3 Encroachments 8 feet or more above grade. Encroachments 8 feet
(2438 mm) or more above grade shall comply with Sections 3202.3.1 through
3202.3.4.
3202.3.1 Awnings, canopies, marquees and signs. Awnings, canopies,
marquees and signs shall be constructed so as to support applicable loads as
specified in Chapter 16. Awnings, canopies, marquees and signs with less than
15 feet (4572 mm) clearance above the sidewalk shall not extend into or occupy
more than two-thirds the width of the sidewalk measured from the building.
Stanchions or columns that support awnings, canopies, marquees and signs shall
be located not less than 2 feet (610 mm) in from the curb line.
201.3 Words not defined. Words not defined herein shall have the meanings stated in the Florida Building Code, Plumbing, Mechanical and Fuel Gas, or the Florida Fire Prevention Code. Words not defined in the Florida Building Codes shall have the meanings in Webster's Third New International Dictionary of the English Language, Unabridged.
202 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.
BUILDING. Any structure used or intended for supporting or sheltering
any use or occupancy. (Emphasis added)
STRUCTURE. That which is built or
constructed. (Emphasis added)
REPAIR. The
patching, restoration and/or minor replacement of materials, elements,
components, equipment and/or fixtures for the purposes of maintaining such
materials,
STRUCTURAL
DETERMINATION. For purposes of this code, "structural" shall mean any part,
material or assembly of a building or structure which affects the safety of
such building or structure and/or which supports any dead or designed live load
and the removal of which part, material or assembly could cause, or be expected
to cause, all or any portion to collapse or fail.
(3) Webster's Third New
International Dictionary of the English Language, Unabridged
APPURTENANCES Pl: accessory objects
used in any function: apparatus, gear (emphasis added)
Signs:
a lettered board or other public display placed on or before a building, room,
shop, or office to advertise the business there transacted, or the name of the
person or firm conducting it.
Alter: to cause to become
different in some particular characteristic (as measure, dimension, course,
arrangement or inclination) ...to become
different in some respect …without resulting difference in essential nature…
(4) 2007
101.1 Title. These regulations
shall be known as the Florida Building Code,
SECTION 403
ALTERATION—LEVEL 1
403.1 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 402.
602.3 Materials and methods. All new work shall comply with materials and methods requirements in Chapter 27 of the Florida Building Code, Building, Florida Building Code, Building, Chapter 13 of the Florida Building Code, Building, Florida Building Code, Mechanical, and Florida Building Code, Plumbing, as applicable, that specify material standards, detail of installation and connection, joints, penetrations and continuity of any element, component or system in the building.
Staff Recommendations: Staff provides the following for consideration.
Question 1: Does the installation of
lightweight material (such as vinyl mesh) murals on the exterior of existing
buildings, where the material does not encroach the public
right-of-way,
require a building permit as might otherwise be required by under
Section 105.1 of the FBC (2004 and 2007 editions)?”
Answer: Yes. According to Section 403 of the Florida
Building Code,
Question 2: If the answer to question (a) above is in the affirmative, then, on an existing building which had a mural as described in question (a) above installed prior to the original effective date of the Florida Building Code (i.e. the 2001 edition), would the lowering and then rehanging the mural material to the existing fasteners periodically for maintenance purposes (or, for example, during hurricane warning through the passing of the storm periods) constitute a repair or an alteration under FBC Existing Building Volume (2007 edition) (FBC-EB)?
Answer/option 1: As per Section 202, General Definitions” the terms “repair” and “alteration”, of the Florida Building Code, Existing Building, the level of work in question neither constitute repair or an alteration.
Answer/ option 2: The level of work in question is specific to an existing installation which falls outside the scope of the Declaratory Statement process. The Declaratory Statement process is limited in scope to future projects.
Question 3: Regarding the scenarios set forth in questions (1) and (2) above, would the vinyl murals described in questions (2) and (3) above be considered “structural elements” for the purpose of FBC –EB?
Answer: Yes. The product in question will impose additional dead load (gravity load due to the weight of all materials) which has to be supported by the existing building and transferred to the structural members of the existing building.