QUESTIONS POSED BY THE MODULAR BUILDING INSTITUTE (MBI) AND ADDRESSED IN A CONFERENCE CALL ON 08/17/06
What are the top issues that you (as MBI members) are facing in Florida?
1. Inconsistent Third Party Review Procedures and Timeline, excluding public education reviews.
2. Product Approval. (As far as what actually needs to have a product approval)
3. Jurisdictional disputes – DCA vs. local
4. Disputes between modular companies (i.e dealer and manufacturer)
5. Installation guidelines – license requirements, exemptions
What specific questions would you like Florida DCA to answer on this call?
1. Is there any way to standardize the third party review procedures? (i.e. CRA gives a list of professional comments with the code violation and the corresponding code reference....HWC sends back their redlines via email, which are vague at best, with no attached code references or code violations, usually just question marks) It would help if they all used the same format.
ANSWER: Rule 9B-1.009(4)(a) FAC, specifies minimum elements for plan review of commercial buildings; and Rule 9B-1.009(4)(b) specifies minimum elements for plan review of residential 1 & 2 family dwellings. Other than that, there is no mandated standardized plan review form used by 3rd party agencies. The quality/level of review will be dependent on the architect/engineer/SMP performing that service. Clearly, different levels of education & experience will result in different qualities of review. See Rule 9B-1 at www.floridabuilding.org under the “Manufactured Buildings“ icon.
2. Is there a specific amount of time that a third party (other then CRA) has to review a set of drawings? (i.e. CRA has 30 days....HWC has ????)
ANSWER: Rule 9B-1.009(1) allows 3rd arty Agencies 30 days to review plans & note any apparent errors of omission. Once that information is provided by the manufacturer, the agency has 90 day to complete the plan review. Certainly, this can be an area of negotiation with the Third Party Agency by the manufacturer.
3. We seem to have a problem where one reviewer will review the plans and make his or her comments and send it back to us for corrections. Once we respond to those comments it is handed off to another reviewer who makes additional comments. This process is done usually by two or three reviewers. Is there anyway, we can standardize a review process for third parties concerning this issue?
ANSWER: That is a contractual issue between the manufacturer & the 3rd Party; nothing in 9B-1 mandates that the same reviewer see a correction to a previously noted plan deficiency, but that could be negotiated with the 3rd Party by the manufacturer. 4. There seems to be some confusion about what products actually need to have a product approval. It is stated that the exterior envelope of the building needs to have FPA numbers, yet the floor is not considered to be a part of that envelope. (DCA and CRA have different opinions on this matter and I think we need clarification on exactly what part of the building needs to have those approvals)
ANSWER: State PA (FL #) is not required, and only includes 7 major items: {(a) Panel Walls; (b) Exterior Doors; (c) Roofing Products; (d) Skylights; (e) Windows; (f) Shutters; (g) Structural components}. Third Party Agencies must validate PA for all products.
5. Please address the building plan submission position DCA is taking with regard to advising local authorities on the review processes for on line vs. hard copy review and/or and submissions of plans.
ANSWER: A copy of the plans (not raised seal) is required for a building permit application in Florida, along with the Letter of Certification for the manufacturer. NOTE: The Letter of Certification only attest to the currency of the status of the manufacturer; not the plans.
6. Please update or address the DCA ‘s position on local authority jurisdictional issues with regard to plan review and local officials and their requirement for changes to the plan or building design after DCA certification. Recertification insignias and the recertification process. Additionally with Modular as a method of construction, what is the DCA’s position on local authority not issuing building permits because of the type or method of construction.
ANSWER: s. 553.80(1)(d) FS exempts plans from local plan review.
7. Does DCA have a process for mediating disputes between dealers and manufacturers? Is there a complaint procedure to follow if disputes cannot be resolved? Is this process the same for out of state dealers/manufacturers doing business in Florida?
ANSWER: DCA has no statutory authority/jurisdiction over dealers. Mediation with attorneys involved would be the normal recourse, followed by a law suit. This would apply to out of state manufacturers dealing with in state dealers. I am not aware of any out of state dealers that sell in Florida, but suppose there could be provisions for such.
8. The installation of a commercial modular is supposed to be permitted and performed by a Florida licensed general contractor. Is there any remedy for a temporary set up? What constitutes temporary?
ANSWER: All modular bldg are required to be installed by a licensed contractor, except for <400sf sheds. A General Contractor (GC) is not necessarily required for commercial installation, i.e., a Building Contractor can install commercial buildings that do not exceed 3 stories; and a Residential Contractor can install residential that do not exceed 2 habitable stories. The term “Temporary” is not defined in statute, rule or the Florida Building Code, but is left up to the jurisdiction having authority (local building department), and is generally considered to be one (1) year. 9. Installers for mobile homes are licensed under the Motor Vehicle Dept. Is there any interest in licensing commercial installers at DCA in lieu of installers having to be a licensed general contractor? GC's have no interest in setting up commercial modular units.
ANSWER: NO. DBPR licenses General, Building, & Residential Contractors under the authority provided in Ch 489 FS, which also requires a licensed contractor to install a modular building.
Answers have been provided by: Michael Ashworth Planning Manager Manufactured Buildings Program Building Codes & Standards Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Phone: 850-922-6075 Fax: 850-414-8436 Email: [email protected]