FLORIDA BUILDING COMMISSION

August 10, 2010

Melbourne, Florida

Crowne Plaza Melbourne Oceanfront

Second hearing- Legal Report:

DCA10-DEC-059 by Paul T. Myers, Building Official of Putnam County.

TAC action: Recommend dismissal due to the lack of jurisdiction.

DCA10-DEC-146 by Gary Harrison, Building Official of Collier County
TACs action:

Question One : Would these type structures be included in the classification as residential in accordance with FBC 2007 Residential?

Answer: Yes. The structure provides two sleeping (bunk) rooms. See section 310.1. (Emphasis added)

Question Two : If they are considered residential, even though they will be used on a part time basis (2 weeks per year), would they still be required to meet all the criteria as set forth in the code?

Answer: Yes. The applicability of the code is not based on how long a structure is occupied. The only buildings or structures exempt from the code are as provided in section 102.2 of the FBC.

Question Three : Would the building be defined as living and habitable space i.e. sleeping, eating, and bathing. Heating and sanitation purposes, as set forth in FBC 2007 Residential

Answer: Yes.

Question Four : If the answer to the above questions is yes, then would it also have to meet all the requirements as set forth in NEC 2008 for residential construction?

Answer: Yes. The FBC, Residential Code, Chapter 33 references the NFPA 70 (National Electric Code)