NOTICE IS HEREBY GIVEN THAT the Florida Building Commission has issued an order disposing of the petition for declaratory statement filed by Mr. Neil Melick, on behalf of the City of West Palm Beach Building Services Department, DCA08-DEC-205, on February 11, 2009. The following is a summary of the agency's disposition of the petition:
The Commission determined that Section 301.13, Florida Building Code, Mechanical Volume (2004 as amended 5/21/07) requires that all mechanical equipment exposed to wind must be designed for wind resistance, regardless of whether manufacturers of that equipment are willing to provide design information and documentation; that the word “resist” as used in Section 301.13 of the Mechanical Volume has the same meaning as the word “withstand” as used in Section 1609 of the Building Volume; that the local building official may withhold or revoke a Certificate of Occupancy if the permit holder fails to demonstrate that mechanical equipment is designed to withstand the appropriate wind forces; and that the Commission lacks authority to determine whether it is the responsibility of the appliance manufacturer to design their outdoor appliances to resist wind pressures, although the Code would clearly envision that the equipment either be designed for wind resistance by its manufacturer, the design for wind resistance be confirmed by an appropriate design professional, or that the equipment be housed within a structure that is designed for wind resistance.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Paula P. Ford, Commission Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.