STATE OF
BUILDING COMMISSION
In the Matter of
GARY HARRISON, CBO, COLLIER COUNTY, Case #: DCA10-DEC-146
FLORIDA,
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Gary Harrison, CBO, of Collier County, Florida, which was received on July 1, 2010. 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 serves as the building official and chief building inspector in Collier County, Florida, and, in that capacity, enforces the Florida Building Code.
3. The petitioner states he is in the process of reviewing plans for a wood frame structure on concrete piers tied down with helix auger hurricane anchors. The structure is approximately 1023 square feet with an occupancy load of 4. The structure has 2 bunk rooms, a living room, a kitchen, and a bathroom. All rooms meet the ventilation requirements of Code and the structure meets the applicable wind load requirements.
4. The petitioner seeks a declaratory statement requesting clarification of whether it is the intent of the Florida Building Code, Residential Volume (2007), hereinafter FBC Residential, to require the same code standards for bungalows/cabins that are not permanent residences? Specifically the petitioner inquires:
a. Would structures such as that described in the petition be classified as residential in accordance with FBC Residential?
b. 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?
c. Would the building be defined as living and habitable space i.e. sleeping, eating, and bathing for heating and sanitation purposes, as set forth in FBC Residential?
d. If the answers to the above questions are yes, then would the building also have to meet all the requirements as set forth in NEC 2008 for residential construction?
Conclusions of Law
1. The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement.
2. Section R101.2, FBC, Residential (2007), identifies the scope of that volume as follows:
The provisions of the Florida Building Code, Residential, shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade in height with a separate means of egress and their accessory structures.
3. Section R202, FBC, Residential (2007), defines the term “building” as:
. . . any one- and two-family dwelling or portion thereof, including townhouses, that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto.
4. Section 102.2, FBC, Building (2007), identifies buildings and structures that are exempt from the Code and the exemptions do not include a building such as that described in the Petition.
5. In response to the Petitioner’s specific questions, the identified building is a residential structure subject to the provisions of the FBC, Residential and are defined as living and habitable space. Additionally, pursuant to Chapter 33, FBC, Residential, the building is required to meet the requirements of the National Electric Code (NFPA 70).
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 _____________, 2010, in Coral Gables, Miami-Dade County, State of Florida.
______________________________
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 __________, 2010.
______________________________
PAULA P. FORD
Commission Clerk
Via
Gary Harrison, C.B.O.
2800 N. Horseshoe Dr.
Naples, Florida 34104 Mo Madani, C.B.O. Manager
Codes and Standards Section
Department
of Community Affairs
2555 Shumard
Oak Blvd.
Tallahassee, FL 32399-2100