Issue: DCA07-DEC-179.  The petitioner seeks a declaratory statement for a project located on the southeast corner of Johnson Street and Ocean Drive in Hollywood. The project will be a structure which will extend wholly or partially seaward of the coastal construction control line and be above the FEMA base flood elevation (BFE).

 

The petitioner seeks clarification as to whether sections 3109.4.1 and 3109.4.2, which provide construction requirements relative to foundation and anchoring criteria and breakaway floor and walls, prohibit a fully enclosed non-structural space constructed to the provisions of these sections from being used for commercial purposes.

 

Background:

 


1.         3109.4.1 Pile foundations.

All habitable structures shall be elevated on, and securely anchored to, an adequate pile foundation. Pile foundations for habitable structures shall be designed to withstand all reasonable anticipated erosion, scour and loads resulting from a 100-year storm including wind, wave, hydrostatic and hydrodynamic forces acting simultaneously with typical structural (live and dead) loads. All habitable structures should be anchored to their pile foundation in such a manner as to prevent flotation, collapse or lateral displacement. The elevation of the soil surface to be used in the calculation of pile reactions and bearing capacities for habitable structures shall not be greater than that which would result from erosion caused by a 100-year storm event. Calculation of the design grade shall account for localized scour resulting from the presence of structural components. Design ratio or pile spacing to pile diameter should not be less than 8:1 for individual piles located above the design grade. Pile caps shall be set below the design grade unless designed to resist increased flood loads associated with setting the cap above the design grade, but at or below the natural grade. Pile penetration shall take into consideration the anticipated loss of soil above the design grade.

 

Exceptions:

1.         Additions, repairs or modifications to existing nonconforming habitable structures that do not advance the seaward limits of the existing habitable structure and do not constitute rebuilding of the existing structure.

2.         Habitable structures located landward of existing armoring which is capable of protecting buildings from the effects of erosion from a 100-year storm surge. The applicant shall provide scientific and engineering evidence that the armoring has been designed, constructed and maintained to survive the effects of the design storm and provide protection to existing and proposed structures from the erosion associated with that event. Evidence shall include a report with data and supporting analysis, and shall be certified by a professional engineer registered in this state, that the armoring was designed and constructed and is in adequate condition to meet the following criteria:

a.         The top must be at or above the still water level, including setup, for the design storm plus the breaking wave calculated at its highest achievable level based on the maximum eroded beach profile and highest surge level combination, and must be high enough to preclude runup overtopping.

b.         The armoring must be stable under the design storm including maximum localized scour, with adequate penetration and toe protection to avoid settlement, toe failure or loss of material from beneath or behind the armoring.

c.         The armoring must have sufficient continuity or return walls to prevent flanking under the design storm from impacting the proposed construction.

d.         The armoring must withstand the static and hydrodynamic forces of the design storm.

 

2.         3109.4.2 Walls below the 100-year storm elevation.

No substantial walls or partitions shall be constructed below the level of the first finished floor of habitable structures. All other walls shall be designed to break away.

Exceptions:

1.         Stairways and stairwells;

2.         Shear walls perpendicular to the shoreline;

3.         Shear walls parallel to the shoreline, which are limited to a maximum of 20 percent of the building length in the direction running parallel to the shore;

4.         Shear walls parallel to the shoreline, which exceed 20 percent of the total building length (including any attached major structure) when they meet the following criteria:

a.         A certification is provided by a Florida-registered professional engineer that certifies that the increased length of shear walls, over 20 percent, are located landward of the 100-year erosion limit;

b.         A hydraulic analysis is provided and certified by a Florida-registered professional engineer that evaluates the potential impact of flow increase on the subject parcel and adjacent properties;

c.         The hydraulic analysis demonstrates that although the overall shearwall coverage is more than 20 percent, the increased shearwall length will not result in substantial increase of flow velocities and drag forces on the structural components of the proposed structure and neighboring structures; and

d.         The provisions under Section 3109.4.2 (Exception 4) do not include any low-rise building as defined in Section 1609.2.

5.         Wind or sand screens constructed of fiber or wire mesh;

6.         Light, open lattice partitions with individual, wooden lattice strips not greater than 3/4 inch (19 mm) thick and 3 inches (76 mm) wide;

7.         Elevator shafts;

8.         Small mechanical and electrical rooms; and

9.         Break-away or frangible walls.

 

3.         3109.2 Definitions. HABITABLE STRUCTURE. Structures designed primarily for human occupancy and are potential locations for shelter from storms. Typically included within this category are residences, hotels and restaurants.

 

4.         Code Commentary from the FBC section 3109.2 Definitions, for HABITABLE STRUCTURE.             The three types of occupancies noted are only representative examples of what is considered habitable. Other types of structures that would be included under this definition are mobile homes, apartment buildings, condominiums, motels, and other types of residential, commercial, or public buildings having the potential for substantial impact on the beach-dune system. The reference to these structures as potential shelters is explanatory text, and is not intended to impose additional design and construction requirements for all habitable structures seaward of the CCCL. (emphasis added)

 

The following major structures are considered nonhabitable by Chapter 161, Florida Statutes, and would not be included under this definition: coastal and shore protection structures; swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage treatment plants; electrical power plants, and all related structures or facilities, transmission lines, distribution lines, transformer pads, vaults, and substations; roads, bridges, streets, and highways; and underground storage tanks.

 

 

The distinction between habitable and nonhabitable structures is used to differentiate between those structures which must meet all of the CCCL design and construction requirements incorporated into Section 3109 of the Florida Building Code, and those structures which may be subject to only some of the requirements. However, these nonhabitable structures may still be governed by other provisions of the Florida Building Code, and will require permits from FDEP when constructed seaward of the CCCL. Consult the Building Official and FDEP for guidance when questions over habitability and applicability of Section 3109 arise. (emphasis added)

 

5.         202 Definitions. HABITABLE SPACE. A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, screen enclosures, storage or utility space, and similar areas are not considered habitable space.

 

6.         202 Definitions. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code.

 

7.  Florida Statutes, Section 161.053, Coastal Construction and excavation, regulation on county basis, Sub-item (1)(a)  states in part “The legislature finds and declares that beaches in this state and coastal barrier dunes adjacent to such beaches, by their nature, are subject to frequent and severe fluctuations and represents one of the valuable natural resources of  Florida and that it is in the public interest to preserve and protect them from imprudent construction which can jeopardize the stability of the beach-dune system, accelerate erosion, provide inadequate protection to upland structures, endanger adjacent properties, or interfere with public beach access……” 

 

Staff Recommendations: Staff provides following for consideration:


 

 

Question - Does section 3109 of the Florida Building Code, Building, prohibit a space which is located below the lowest structural horizontal member (refer to section 3109.3) and above the FEMA National Flood Insurance Program established base flood elevation (see enclosed diagram), and fully enclosed in accordance with the provisions of sections 3109.4.1 and 3109.4.2 from being used for commercial purposes?

 

Answer - No, section 3109 does not address or prohibit the use of such space for commercial purposes with the exception that the space may not be used for living, sleeping, eating or cooking (i.e. residences, hotels and restaurants) subject to the permit requirements of the Florida Department of Environmental Protection.