HomeMy WebLinkAboutLetter - Notice Of Declaratory StatementNotice of Declaratory Statement
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Building Commission
61 G20-1.001 Florida Building Code Adopted
NOTICE IS HEREBY GIVEN that the Florida Building Commission has issued an order
disposing of the petition for declaratory statement filed by the Building Code Advisory
Board of Palm Beach County on September 25, 2018. The following is a summary of the
agency's disposition of the petition: Petitioner requested an answer to the following
questions, based upon the projects described:
1) A customer has applied to replace all the windows in his home, which was constructed
in 1990. The estimated cost of the replacement windows is less than 30% of the assessed
value of the structure.
a. Does Section 501.7 of the Energy Conservation Volume require the replacement
windows to meet the solar heat gain coefficient listed in Table R402.1.2 of the Florida
Energy Conservation Volume?
b. Does Section 101.4.2 exempt the replacement windows since they don't exceed 30%
of the assessed value of the structure?
2) A customer has applied to replace a window in his home, which was constructed in
1990. The estimated cost of the replacement window is less than 30% of the assessed
value of the structure.
a. Does Section 501.7 of the Energy Conservation Volume require the replacement
window to meet the solar heat gain coefficient listed in Table R402.1.2 of the Florida
Energy Conservation Volume?
b. Does Section 101.4.2 exempt the replacement window since it does not exceed 30% of
the assessed value of the structure?
On December 11, 2018, the Commission provided the following answers:
1) In response to the first part of Petitioner's first question, the answer is no. Pursuant to
section RIO1.4.2, Florida Building Code, Energy Conservation, 6th Edition (2017), and
the definition of "renovated building" found in chapter 2, Florida Building Code, Energy
Conservation, 6th Edition (2017), the replacement windows in question are not required
to meet the provisions of the energy conservation code, including the solar heat gain
coefficient listed in Table R402.1.2.
2) In response to the second part of Petitioner's first question, the answer is yes. Pursuant
to section R101.4.2, Florida Building Code, Energy Conservation, 6th Edition (2017),
and the definition of "renovated building" found in chapter 2, Florida Building Code,
Energy Conservation, 6th Edition (2017), the project in question is exempt from the
provisions of the energy conservation code. In response to the first portion Petitioner's
second question, the answer is no. Pursuant to section R101.4.2, Florida Building Code,
Energy Conservation, 6th Edition (2017), and the definition of "renovated building"
found in chapter 2, Florida Building Code, Energy Conservation, 6th Edition (2017), the
replacement window in question is not required to meet the provisions of the energy
conservation code, including the solar heat gain coefficient listed in Table R402.1.2.
In response to the second part of Petitioner's second question, the answer is yes. Pursuant
to section R101.4.2, Florida Building Code, Energy Conservation, 6th Edition (2017),
and the definition of "renovated building" found in chapter 2, .Florida Building Code,
Energy Conservation, 6th Edition (2017), the project in question is exempt from the
provisions of the energy conservation code.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by
contacting: Agency Clerk's Office, Department of Business and Professional Regulation, 2601
Blair Stone Road, Tallahassee, Florida 32399, (850)921-0342,
AGC.Filing@myfloridalicense.com.
Text from 2020 Edition Florida Building Code, Energy Conservation
(Unchanged from FBC Energy Conservation 2017)
R101.4.2 Exempt buildings..
Buildings exempt from the provisions of the Florida Building Code, Energy
Conservation, include existing buildings except those considered renovated
buildings, changes of occupancy type or previously unconditioned buildings to
which comfort conditioning is added. Exempt buildings include those specified in
Sections C101.4.2.1 through C101.4.2.4.
Renovated Building. A residential or nonresidential building undergoing
alteration that varies or changes insulation, HVAC systems, water heating
systems or exterior envelope conditions, provided the estimated cost of
renovation exceeds 30 percent of the assessed value of the structure.