Issue: DCA10-DEC-216. Geoff McLeod, MESA Modular Systems, Inc., Petitioner, is requesting clarification regarding Section M1305.1.4.1 of the Florida Building Code, Residential, and Section 304.9 of the Florida Building Code, Mechanical.

Petition asks the questions, “Can the Commission approve our pad according to Mechanical Code Section 304.9 “other approved material?” and “Does our anchoring system fall within Rule 9N-3 “State Product Approval System?”

Background:

Issue: Dec. Statement # DCA12-DEC-216. The Petitioner requests clarification on whether their MESA product and Earth Anchoring System can be approved by the Florida Building Commission as being in compliance with Section M1305.1.4.1 of the Florida Building Code, Residential and Section 304.9 of the Florida Building Code, Mechanical.

Background:

1. The Petitioner’s product “is a HDPE high strength structural foam, loaded with 2.5% Carbon Black for the best UV stability available according to industry testing and standards. The modular, stackable pads are anchored by a galvanized earth anchor to resist 150 mph wind loads. This is a ground level application, not for roof top applications. See attached.”

2. Section M1305.1.4.1 of the FBC-R and Section 304.9 of the FBC-M, Clearances from grade, read as follows: “Equipment and appliances installed at grade level shall be supported on a level minimum 3 ½ inch (89 mm) concrete slab or other approved material extending a minimum of 2 inches (51 mm) above adjoining finished grade. Suspended equipment and appliances shall be installed a minimum of 6 inches (152 mm) above adjoining grade to provide support and protection from contact with soil or water. Exception: On changeouts or new installations of existing buildings where equipment is replaced that has a support platform approved under a previous code.”

3. Relative to Section 304.9 of the International Mechanical Code, the IMC Commentary states “For support and protection from physical damage and contact with soil or water for appliances and equipment installed at grade level indoors or outdoors, the appliances and equipment must be supported on a level concrete slab or other material accepted by the code official, or must be supported above exposed earth. These slabs typically rise 4 inches to 6 inches (102 mm to 152 mm) above the surrounding earth.”

4. The Florida Building Code defines “Approved” as “Acceptable to the code official or authority having jurisdiction.”

5. Section 202 of the Florida Building Code, Residential defines “Building” as “Building shall mean 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.” Section 202 of the Florida Building Code, Mechanical defines “Building” as “Any structure that includes provision for any of the following or any combination of the following: a space heating system, a space cooling system or a service water heating system. For the purpose of this code each portion of a building separated from other portions by a rated fire wall shall be considered as a separate building. The term “building” shall be construed as if followed by the words “or part thereof.”” It is possible that an equipment support pad may be construed an accessory structure for the purpose of supporting heating or cooling equipment.

6. Section 202 of the FBC-Mechanical defines “Code official” [FBC-Building defines “Building official”] as “The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.”

7. Section 104.9 of the Florida Building Code, Approved materials and equipment, states: Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.” Section 104.11, Alternate materials, design and methods of construction and equipment, states, in part: “…An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety….”

8. Rule 9N-3.005, Scope, provides, in part: “(2) This rule applies to approval of products and systems, which comprise the building envelope and structural frame, for compliance with the structural requirements of the Florida Building Code.”

9. Rule 9N-3.010, Definitions, provides, in part: “(30) Structural component means any part or assembly of buildings that comprises the main wind force resisting system and components or cladding.”

Staff Recommendations:

Question 1: “Can the Commission approve our pad according to Mechanical Code Section 304.9 “other approved material?”

Answer 1: NO, the term “approved” means “Acceptable to the code official or authority having jurisdiction”; the code official charged with the administration and enforcement of this code is the local building official or his/her authorized representative.

Question 2: “Does our anchoring system fall within Rule 9N-3 “State Product Approval System?”

Answer 2: NO, the product in question is not part of the building envelope and thus does not fall within the scope of Rule 9N-3.