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    temporary dust barriers

    temporary dust barriers

    New postby phil327 on Wed Oct 02, 2013 6:56 pm

    We are in the middle of an extensive concrete renovation involving the balcony area. These balconies originally had a single wall that had a railing and screen that faced outside. Over the years many of these screens were replaced with jalousie windows, ( permits were issued at that time ) Between the balcony and the living room were 2 sliding glass patio doors, Non hurricane as the building was constructed in the late 1960s. A number of units removed the patio doors as they had the jalousie windows installed.

    The concrete restoration had removed 8 inches of the outside deck of each balcony, which in turn had the company remove any screens or jalousie windows. Those units that still had the patio doors were left as is and the doors were 'locked' shut'

    Those units that had no patio doors has a dust shield built into the patio opening, not where the patio doors were, but rather across the entire opening. Keeping it simple - the opening is 12 feet across, by 8 feet high. The dust wall, which is now the only protection from the outside elements consists of a 12 foot 2x4 laid across the floor, a 12 foot 2x4 wedged to the ceiling with a 2x4 on each end and 2 2x4s spaced 4 feet apart. The wall is 1/2 inch plywood, 2 pieces horizontal, one vertical. In the middle of this is a single steel jackscrew that goes from floor to ceiling resting on the horizontal 2x4s. There are no anchor screws to the floor, wall, or ceiling. They are not sealed in any way and you can see daylight coming through where the 2x4 meets the walls or floor.

    These are temporary, but the other units have had these installed for over 3 months now. We are still in hurricane season.

    DO these walls have to meet hurricane standards? Is this safe?
    phil327
     
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    Joined: Wed Jun 26, 2013 7:58 pm

    Re: temporary dust barriers

    New postby Jerry Peck - Codeman on Wed Oct 02, 2013 8:45 pm

    phil327 wrote:DO these walls have to meet hurricane standards? Is this safe?


    The Administrative Chapter for Broward County (as I recall, that is where you are located) is the controlling document and I have attached it here:
    2010 FBC Chapter 1 Administrative.pdf


    I skimmed through the Broward County 2010 FBC-Chapter 1, Administrative and noticed a few interesting things, some of which I am bringing to your attention here: (bold and underlining are mine for highlighting purposes)
    - 105.11 Conditions of Permit: (on page 1.25)
    - - 105.11.1 Compliance.
    - - - 105.11.1.1 When during the work carried on under the permit, from issuance of permit to issuance of Certificate of Occupancy, approved plans and/or specifications are found to be in violation of this Code the Building Official or his/her duly authorized representative and/or Fire Marshal/Fire Code Official, or his/her duly authorized representative (according to Fire Protection Provisions of this Code and the FFPC) shall notify the designer and the designer shall correct the drawings or otherwise satisfy the Building Official or his/her duly authorized representative and/or Fire Marshal/Fire Code Official or his/her duly authorized representative (according to Fire Protection Provisions of this Code and the FFPC) that the design and/or working drawings are in compliance with this Code, the Fire Protection Provisions of this Code and the FFPC.
    - - - 105.11.1.2 Compliance with the Code is the responsibility of the owner, except that the safety to persons and materials during actual construction operations, as set forth in Chapter 33, is the responsibility of the permit holder.

    I find it strange that the AHJ will notify the designer and that the designer will correct the drawings "or otherwise satisfy" the AHJ ... yet it is THE OWNER who is RESPONSIBLE for compliance with the code. I would have thought that it would be the permit holder's responsibility to perform their work in compliance with the code. The condo association is, based on 105.11.1.2, the party who is RESPONSIBLE FOR COMPLIANCE WITH THE CODE, even though you thought that was contracted out to the contractor/designer/engineer/etc. THE OWNER is responsible for compliance with the code, which means it may become a civil matter between you and your contractor/designer/engineer/etc to have them meet the code as prescribed in your contract (I presume it is prescribed) and does that mean what it indicates - that the contractor does not need to meet the code, THE OWNER does, and thus THE OWNER may need to pay a second time for another contractor, or the first contractor, to actually do the work in accordance with the code. VERY STRANGE wording ... I would like to think that was not their intent, but that is what they wrote and adopted.

    To further complicate the matter, Chapter 1 continues with this: (on page 1.25)
    - 105.11.1.3 The Building Official or his/her duly authorized representative and/or Fire Marshal/Fire Code Official or his/her duly authorized representative (according to Fire Protection Provisions of this Code and the FFPC) shall make written notice of violation(s) of this Code and/or corrections ordered and such notice shall be served on or mailed or delivered to the permit holder or his/her job representative or may be posted at the site of the work. Refusal, failure or neglect to comply with such notice or order within ten days, except where an appeal has been filed with the BORA, shall be considered a violation of this Code, and shall be subject to the penalties as set forth. In event of failure to comply with this Section, no further permits shall be issued to such person, firm or corporation.

    Again, the AHJ is notifying someone else, but, through 105.11.1.2 Compliance with the Code is the responsibility of the owner, it becomes THE OWNER's responsibility to make sure there is compliance with the code. Again, VERY STRANGE way to put it.

    Keep this in mind for the end of the project: (on page 1.40)
    - 110.12 Clean-up of Construction Site. Upon completion of the proposed work, the permit holder shall leave the construction site cleared of rubbish, debris, construction sheds or materials of construction. In the event there has been damage to public property or that rubbish, debris, construction sheds or materials of construction have been left at the construction site, then the Building Official shall refuse to make final inspection and shall notify the permit holder to correct the condition of violation with five (5) days. For failure to comply with such notice after such period of five (5) days, the permit holder is subject to the penalties specified herein, and the Building Official shall have the clean-up work done and public property restored and shall notify the legal authority, who shall institute the necessary action to have the costs placed as a lien against the property in relation to which the permit was issued.

    (At least that did not say that it was the responsibility of the owner to do that work, that section puts the cleanup on the permit holder, as it should.)

    Read this section in its entirety - too much to post it all here - because it makes it the responsibility of the OWNER as well as that of the contractor to follow 110.13 through 110.13.10: (on page 1.40)
    - 110.13 Special Hurricane Inspections. During such periods of time as are designated by the National Weather Service as being a hurricane watch, all furniture, display racks, material and similar loose objects in exposed outdoor locations, shall be lashed to rigid construction or stored in buildings. The Building Official shall issue orders to secure all construction sites. Orders shall be oral or written and shall be given to any person on the premises most logically responsible for maintenance or by facsimile to the responsible entity if such entity is known.
    (such as this)
    - - 110.13.2.2 It shall be the joint responsibility of any owner of real property upon which construction is occurring, and any contractor responsible for said construction, ...

    My answer to your question of ...
    phil327 wrote:DO these walls have to meet hurricane standards? Is this safe?

    ... would be: a) no, they do not meet hurricane standards; b) safe for what - hurricanes? no.

    I recommend you contact the Building Official in the city you are in if you have a good working relationship with him/her and have them inspect the temporary 'walls' and get their recommendation of what they feel is/will be acceptable. They are the ones who have the authority to issue the orders for corrections and changes, and they might do so - better to find out now than later. Fortunately, this has been a good hurricane season for Florida and, hopefully, will continue to be so for the remainder of the hurricane season - but one never knows.
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    Jerry Peck - CodeMan
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    Re: temporary dust barriers

    New postby phil327 on Thu Oct 03, 2013 6:02 pm

    I made a few subtle inquiries here, from the board, not the city. I was told that as part of the initial request for the permits that these barriers were included. Additionally, the city inspector is here at least once a week during the concrete restoration.

    IF that is the case, then the city is aware of these dust barriers and they are OK with them. They are plainly visible from any vantage point in the back of the building.
    phil327
     
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    Re: temporary dust barriers

    New postby Jerry Peck - Codeman on Thu Oct 03, 2013 8:54 pm

    phil327 wrote:IF that is the case, then the city is aware of these dust barriers and they are OK with them. They are plainly visible from any vantage point in the back of the building.


    Dangerous presumption to make - I would ask the city inspector directly about those temporary walls and tropical storms or hurricanes, then you will have your answer. Presuming that the inspector has seen them, and contemplated them being there during a hurricane, is presuming a LOT, and then to presume that 'no comment' about them is approving them is essentially presuming that you will win the lottery and therefore you only need to buy one ticket - because you KNOW it is THE winner ... it doesn't work that way ... not for the lottery and not for the those walls during a hurricane.

    Interesting side question about presumptions like those: I wonder how many, if any, lottery winners only bought 'one' lottery ticket 'one' time because they 'knew' that 'one' ticket was going to be the winning lottery ticket?

    I'm guessing that there may have been some lottery winners who only bought one ticket, but not one ticket one time and only one time. Do you feel that lucky for those walls if a hurricane comes? I recommend asking the city inspector about them.
    Jerry Peck - CodeMan
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    Re: temporary dust barriers

    New postby phil327 on Thu Oct 03, 2013 10:27 pm

    I completely understand what you are saying. Living in a community like a Condo has certain limitations as far as what the individual owner can do. Every action taken against any contractor, engineer, will have an effect on everyone. Kinda like taking a lawsuit against yourself. NO one wants to get the city any more involved than they already are.The contractor and the engineer will not answer any questions, they direct them back to the board.

    By the way - Thank you very much for the time and the effort you have put in answering my questions.
    phil327
     
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