STATE OF
BUILDING COMMISSION
In the Matter of
ADVANCED MANUFACTURING &
POWER SYSTEMS, INC., Case #: DCA09-DEC-260
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Joseph Scofield of Advanced Manufacturing & Power Systems, Inc. which was received on July 6, 2009. 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 provides approved products for
use in equipment enclosures in the state of
3. Specifically, the Petitioner proposes to utilize free-standing enclosures for generators and related components. The Petition includes pictures of enclosures of sufficient size to allow a person to enter and walk around the equipment.
4. The Petitioner inquires whether such generator enclosures are subject to the Florida Building Code?
Conclusions of Law
1. The
2. Section 101.2, Florida Building Code Building Volume (2007 as amended 10/01/2009) states:
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.
3. Section 202, Florida Building Code Building Volume (2007 as amended 10/01/2009), defines the term building as “Any structure used or intended for supporting or sheltering any use or occupancy.” The Code defines structure as “that which is build or constructed.”
4. Based upon the foregoing, the Petitioner’s proposed enclosures are buildings as defined within the Florida Building Code and, as such, are subject to the requirements of the Code.
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 _____________, 2009, 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 __________, 2009.
______________________________
PAULA P. FORD
Commission Clerk
Via
Joseph Scofield Mo Madani, C.B.O. Manager
Advanced Manufacturing & Codes and Standards Section
Power Systems, Inc. Department
of Community Affairs
1965
Bennett Drive