First Hearing – December 9, 2009 – Legal Report

DCA09-DEC-309 by Alan Plante of Orange County Division of Building Safety

Question: Does the 2007 Florida Building Code Existing Building Code apply to renovations to existing swimming pools?

Answer: Yes. According to Section 3401.1 of the Florida Building Code, Building, structures (e.g. swimming pools) and buildings must comply with the provisions of the Florida Building Code, Existing Building.

DCA09-DEC-341 by Stephen Hailine of Life Time Products LLC (withdrawn)

DCA09-DEC-351 by Joseph Belcher, Code Consultant (need resolution from the Commission)

Admin TAC: Vote: 6/2

Question: In the case of sunrooms attached to single family dwellings, do the provisions of AAMA 2100 related to receptacle outlets prevail?

Answer: Yes. AAMA 2100 is more specific than NFPA 70 with regard to the definition of sunrooms and the placement of receptacle outlets, and therefore in according to Section 102.1 of the FBC, Building, AAMA 2100’s provisions prevail over NFPA 70 with regard to the subject in question.

Electrical TAC: Vote: 5/4

Question: In the case of sunrooms attached to single family dwellings, do the provisions of AAMA 2100 related to receptacle outlets prevail?

Answer: No. NFPA 70 is more restrictive with regard to electrical requirements for sunrooms and therefore in according to Section 102.1 of the FBC, Building, NFPA 70’s provisions prevail over AAMA 2100 with regard to the subject in question.

DCA09-DEC-347 by George Merlin of George Merlin Associates Inc.

Question #1: Is the application of the exception in FBC Ch 3109.1.1 the same as the historical application and interpretation of the exemption in FS Ch 161.053(12) i.e., repairs and modifications to existing structures seaward of the CCCL have no limit on the cost of the work provided that the work stays within the limits of the existing foundation and does not modify that foundation and also meets the requirements of the Florida Building Code for Existing Buildings?

Answer: Yes. According to Section 3109.1.1 Exception, the project as described in Case #1 above is not required to be re-designed to resist the predicted forces associated with a 100-year storm event.

Question # 2(a): Is the application and interpretation of the exception in FBC Ch 3109.3 and 3109.4 to be the same as the historical application and interpretation of the exemption in FDEP Ch 62B-33.007(4)(c), i.e., if the work on an existing habitable structure involves an addition outside the existing foundation or repair or modification the existing foundation, the work is still exempt from the otherwise imposed elevation and pile foundation standards unless the addition outside the existing foundation constitutes a “substantial improvement” to the existing structure, as defined by FS 161.54(12)?

Answer: “Yes” as long as the level of work as noted in Case #2 does not advance the seaward limits and constitute rebuilding of the existing structure [see Sections 3109.3(Exception 1) and 3109.4(Exception 1).]

Question #2(b): Is the application and interpretation of the exceptions in FBC Ch 3109.3 and 3109.4 to be the same as the historical application and interpretation of the exemption in FDEP Ch 62B-33.007(4)(c), i.e., if the work on an existing habitable structure involves an addition outside the existing foundation or a repair or modification to the existing foundation, the work is still exempt from the otherwise imposed elevation and pile foundation standards, unless the addition outside the existing foundation and modifications above and within the existing foundation together constitute a “substantial improvement” to the existing structure, as defined by FS 161.54(12)?

Answer: See answer to Question #2(a).

Question #3: The FBC code within section 3110.1.2 defines that the FBC defers to local governments floodplain management for FEMA codes and local floodplain. The FBC code as stated says “the FBC defers to local governments for all floodplain management construction regulations for all structures that are NOT seaward of the CCCL”. (Emphasis added to the word NOT). Does this mean that, when local codes are in conflict with FBC, the state code takes priority over local codes when pertaining to construction projects located seaward of the CCCL?

Answer: No answer is possible. The Code defers regulations with regard to Floodplain Management Program to the local authority having jurisdiction.

(Note: draft order should provide for clarification that the answers are limited to the cases in question, the scope of the 2007 FBC and authority within the jurisdiction of the Commission).