NOTICE IS HEREBY GIVEN THAT the Florida Building Commission has declined to rule on the petition for declaratory statement filed by George Merlin, President of George Merlin Associates, Inc. (DCA09-DEC-347) on October 28, 2009. The following is a summary of the agency's declination of the petition:
The Commission determined that; a) Where proposed renovations to a single story single family dwelling, which include a second story addition, are all within the footprint perimeter of the existing foundation, and the existing foundation has been proven to be adequate to support the proposed renovations, the project is not required to be redesigned to resist the predicted forces associated with a 100-year storm event; and; b) Where proposed renovations to a single story single family dwelling, which include a second story addition, are all within the footprint perimeter of the existing foundation, and the existing foundation has been proven to be adequate to support the proposed renovations without modifying the existing foundation in any way, the project is not required to be redesigned to resist the predicted forces associated with a 100-year storm event as long as the level of work does not advance the seaward limits and constitute rebuilding of the existing structure. The petition is denied to the extent that it seeks an interpretation of local floodplain management ordinances and a determination supremacy between the Florida Building Code and such ordinances.
A copy of the Order Declining 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.