The Plaza Beach Motel, Inc.; Petitioner sought answers to the following questions based upon projects described within the petition for declaratory statement: 1. Would merely placing non-wood items underneath a chickee – including aluminum or ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-1.001Florida 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 Plaza Beach Motel, Inc. on February 09, 2018. The following is a summary of the agency's disposition of the petition:

Petitioner sought answers to the following questions based upon projects described within the petition for declaratory statement: 1. Would merely placing non-wood items underneath a chickee – including aluminum or plastic chairs and tables, a tiled countertop-height bar, and food/beverages – mean that Petitioner is incorporating nonwood features into its chickee so as to lose its exemption under Florida Statute § 553.73(10)(i) and Florida Building Code § 102.2(h)? 2. Does the Florida Building Commission consider the use of a chickee for purposes of determining whether a chickee may be exempt under Florida Statute § 553.73(10)(i) and Florida Building Code § 102.2(h)? On April 16, 2018, the Commission issued an order stating that the answer to the first question is no, for the level of work in question. Adding the items (aluminum or plastic chairs and tables, and a tiled, counter-top height bar) within the footprint of the chickee in question will not void its exemption status pursuant to section 102.2(h), Florida Building Code, Building, 6th Edition (2017) or paragraph 553.73(10)(i), Florida Statutes (2017). In response to Petitioner’s second question, the answer is no; neither paragraph 553.73(10)(i), Florida Statutes, nor section 102.2(h), Florida Building Code, Building, 6th Edition (2017), condition the exemption of chickees from the Florida Building Code based upon their use. Note that this does not preclude the possibility that other legal authority may restrict the possible uses of chickees.

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, [phone], [e-mail].