Issue:
DCA07-DEC-179. The petitioner seeks a
declaratory statement for a project located on the southeast corner of
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.