Issue: DS 2012-035 Petitioner seeks a declaratory statement regarding Florida Building Code-Building, Section 105.1 and asks if a Building Permit in accordance with FBC is required for the repair or remodeling of a Mobile Home.
Mr. James DiPietro, first petitioner, is the Administrator Director of the Broward County Board of Rules and Appeals. Mr. Russell White, of Rogers, Morris & Ziegler, LLP, is the Legal Counsel for the Petitioner.
Petitioner includes the followinginformation in his request for declaratory statement:
Background:
1)The mobile home in questions has been installed and a Certificate of Occupancy has been issued.
2)The type of materials to be used for a repair or remodeling and how the FBC Existing Building and 15C applies is not part of this request.
3)FS 320.8232 is silent as it relates for the requirement for building Permits.
4)15-C simply states you use like kind material and deviations require an Architect or Engineer.
5)The term Building Permits relates to all Disciplines such as Plumbing, Electrical, Mechanical et cetera.
6)FBC (Building), Section 105.2.2 is recognized as an exception to the question.
In Chapter 1 of the FBC-Building volume, specifically, 102.2 Scope, states the following:
102.2 Building. The provisions of the Florida Building Codeshall apply to the construction, erection, alteration, modification,repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every public and privatebuilding, structure or facility or floating residential structure,or any appurtenances connected or attached to such buildings,
structures or facilities. Additions, alterations, repairs andchanges of use or occupancy group in all buildings and structuresshall comply with the provisions provided in Chapter 34
of this code. The following buildings, structures and facilitiesare exempt from the Florida Building Code as provided by law,and any further exemptions shall be as determined by the legislatureand provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with therailroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively forconstruction purposes.
(e) Mobile or modular structures used as temporaryoffices, except that the provisions of Part II (Section553.501-553.513, Florida Statutes) relating to accessibility
by persons with disabilities shall apply to suchmobile or modular structures.
(f) Those structures or facilities of electric utilities, asdefined in Section 366.02, Florida Statutes, which aredirectly involved in the generation, transmission, ordistribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercialmotion picture or television production, or anysound-recording equipment used in such production,on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indiansof Florida or the Seminole Tribe of Florida. As usedin this paragraph, the term “chickee” means anopen-sided wooden hut that has a thatched roof of palmor palmetto or other traditional materials, and that doesnot incorporate any electrical, plumbing, or othernonwood features.
(i) Family mausoleums not exceeding 250 square feet inarea which are prefabricated and assembled on site orpreassembled and delivered on site and have walls,roofs, and a floor constructed of granite, marble, orreinforced concrete.
(j) Temporary housing provided by the Department ofCorrections to any prisoner in the state correctionalsystem.
101.2 Scope. The provisions of this code shall (emphasis added) apply to the construction, alteration, (as emphasized in code) movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exceptions:
- Detached one- and two-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential.
- Existing buildings undergoing repair, alternations or additions, and change of occupancy shall comply with Chapter 34 of this code.
FBC-Building
General
3401.1 Scope: Alteration, repair, addition, relocation and change of occupancy of existing structures and buildings shall comply with the provisions of the Florida Building Code, Existing Building.
Florida Building Code – Existing Building
General
101.1 Title…in addition to the provisions of this chapter, the provisions of chapter 1, Florida Building Code-Building, shall govern the administration and enforcement of this code.
101.2 Scope. The provisions of the Florida Building Code-Existing Building, shall apply to the repair, alternation, change of occupancy, addition and relocation of existing buildings.
FBC-Building Section 105.1
PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact resistant coverings, electrical, gas, mechanical or plumbingsystem, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
105.2.2 Minor Repairs. Ordinary minor repairs may be made with the approval of the building official without a
permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring
systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.
Mobile home Standards:
Florida Statute 320.823:Establishment of uniform mobile home standards.—Each new single-family or duplex mobile or manufactured home manufactured in this state or manufactured outside this state but sold or offered for sale in this state must be constructed to meet the Manufactured Home Construction and Safety Standards, promulgated by the Department of Housing and Urban Development, pursuant to the Manufactured Housing Improvement Act. Such standards must include, but need not be limited to, standards for body and frame construction and the installation of plumbing, HVAC, and electrical systems.
24 C.F.R. PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS regulates the construction and transportation of mobile homes.
Florida Statue 320.77 provides for the licensing and regulation of Mobile Home Dealers, Brokers, and Salespersons.
FS 320.822(1) provides for Setup Operations.
FS 320.822(1)(c) references The Mobile Home Repair and Remodeling Code and Used Recreational Vehicle Code.
The Mobile Home Repair and Remodeling Code is also known as 15-C-2.0081
15-C(a) Additions, including, but not limited to add-a-rooms, roof-overs and porches shall be free standing and self-supporting with only the flashing attached to the main unit unless the added unit has been designed to be married to the existing unit. All additions shall be constructed in compliance with State and locally adopted building codes.
(c) Repair or remodeling of a mobile/manufactured home shall require the use of material and design equivalent to the original construction. Structure shall include, but not be limited to, roof system, walls, floor system, windows and exterior doors of the mobile/manufactured home.
Staff Recommendations: Based on the above facts and circumstances, staff provides the following recommendations as answers to petitioner’s questions and background notations.
Question 1:
To the Question: In accordance with FBC Section 105.1, is a building Permit required to be obtained from the local Building Official for the repair or remodeling of a Mobile Home?
Answer:As per the project in question, Yes, in accordance with Florida Building Code-Building, section 105.1 Required… shall first make application to the building official…
Staff recommends that this request should be dismissed due to the fact that construction of mobile/manufactured homes fall outside the scope the Florida Building Code and that the Commission has no legislative authority to address the question of concern.
Background
1)The Mobile-home in question has been installed and a Certificate of Occupancy has been issued.
Answer: The definition of Existing Building in accordance with Florida Building Code-Existing Building, Section 202:
Existing Building. A building or structure or portion of a building or structure which has been previously legally occupied or used for its intended purpose.
2)The type of materials to be used for a repair or remodeling and how the FBC Existing Building and 15-C applies is not part of this request.
Answer:
Florida Building Code-Existing Building
General
101.2 Scope. The provisions of the Florida Building Code-Existing Building, shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings.
3)FS 320.8232 is silent as it relates for the requirement for Building Permits.
Answer: FS 320.8232 relates to the governance of Motor Vehicle Licenses. The Florida Building Code has no jurisdiction within this statute.
4)15-C simply states you use like kind material and deviations require an Architect or Engineer.
Answer: 15-C is the Mobile Home Repair and Remodeling Code.
15-C-2.0081(a) does reference that all “All additions shall be constructed in compliance with State and locally adopted building codes.”
5)The term Building permits relates to all Disciplines such as Plumbing, Electrical, Mechanical, et cetera.
Answer: Yes, Florida Building Code-Building, Permits, section 105.1 Required: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact resistant coverings, electrical, gas, mechanical or plumbingsystem, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
6)FBC section 105.2.2 is recognized as an exception to the question.
Answer: Florida Building Code-Building, section 105.2.2 Minor Repairs: is not an “exception” as printed in the Florida Building Code-Building volume. However, this section does provide the building official within his/her capacity as a licensed Building Code Administrator the authorization to ascertain the scope of a project for which a permit application has been received and determine if a permit is necessary and falls within the scope of the Florida Building Code-Building, Section 105.1 or section 105.2.2 Minor Repairs.
Specifically:
Florida Building Code-Building,
PERMITS
section 105.2.2 Minor Repairs:Ordinary minor repairs may be made with the approval of the building official without apermit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiringsystems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.