FLORIDA BUILDING COMMISSION

October 13, 2010

Gainesville, Florida

Hilton Hotel

First Hearing- Legal Report:

DCA10-DEC-175 – James Paula, St. Johns County Building Department

POC ACTION: Dismissed due to the fact that the project of concern was already

permitted.

DCA10-DEC-182 – Jeffrey C. Friant P.E. and Jeff Bedard, Sunestra Products, LLC 

Question #1: Since the Sunesta retractable awning is installed in the retracted position and while in this position, without any removal or repositioning, this product will withstand wind speeds far in excess of 75 mph, how does 3105.4 apply?

Answer:  Design of the product in question “retractable awning” is subject to the design criteria of Section 3105.4.2 of the FBC, Building.  These design criteria would apply to the product in question in both extended and retractable position.

Question#2:  If the owner follows the instructions of the Owner’s manual, the awning would be stowed prior to the wind reaching 39 mph, let alone 75mph; wouldn’t this exclude retractable awnings from “…removal or repositioning of parts, or the whole, during periods of 75 mph wind velocity?

Answer:  Answer in not appropriate. Owner’s manual is not part of the FBC.

Question #3:  Is the word “during” the operative word?

Answer #3:  Answer is not appropriate since the question is unclear.

Question #4: Since the owner will have been notified, by contract, that damage to the awning due to their negligence is not covered by warranty, would it not be legally binding that any collateral property damage caused by the awning not retracted especially in a tropical storm “watch” or “warning”, be considered owner negligence? 

Answer #4: Answer is not appropriate. The subject matter is outside the scope of the Florida Building Code.

DCA 10-BC-167 Request for Relief from Energy Code Compliance Method - by Fiona Cousins, P.E. of ARUP

To the petitioner’s request that the Miami Art Museum be granted Special Use status as allowed by Section 13-101.1.5 of the Florida Building Code, Building, and that Petitioner be allowed to demonstrate compliance with Chapter 13 of the Florida Building Code, Building, using a hybrid method for calculating the Museum’s energy usage, the answer is

Yes, the Miami Art Museum should be granted Special Use status based on its need to protect artwork through increased air recirculation in accordance with relevant criteria in the ASHRAE HVAC Applications Handbook, and may comply with Chapter 13 of the Florida Building Code by Proponent’s proposed hybrid methodology subject to the clarification that the Baseline budget to which the building is compared is Chapter 11 of ASHRAE 90.1-2004 with a 0.85 multiplier.