Final Order,

Case #: DCA03-DEC-179

section of the Code.

Conclusions of Law

1. The Florida Building Commission has the specific statutory authority to interpret the

provisions of the Florida Building Code by entering a declaratory statement.

2. Section 1606.1.4, Florida Building Code, Building Volume, states:

In windborne debris regions, exterior glazing that receives positive pressure in the lower 60 feet (18.3 m) in buildings shall be assumed to be openings unless such glazing is impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996 . . ..

3. The quoted language fromthe Code clearlyand expressly requires that glazing, when not impact resistant, must be either assumed opening or must be protected with an impact resistant covering. With regard to the issue in question, in order to protect the existing two windows from impact, the hurricane shutters for these windows must be installed and mounted on the outside and the proposed installation is insufficient to meet the requirements of this section.

Petitioner and all other interested parties are hereby advised oftheir right to seek judicial

review of this Order in accordance with section 120.68(2)(a), Fla. Stat. (1999), and with Fla. R.

App. P. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal must be filed with Paula P. Ford, Clerk of the Commission, Sadowski Building, 2555 Shumard Oak

Boulevard, Tallahassee, Florida 32399-2100, and with the appropriate District Court of Appeal

not later than thirty (30) days after this Order is filed with the Clerk of the Commission. A

Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee

Page 2 of 3


Final Order,

Case #: DCA03-DEC-179

specified by section 35.22(3), Fla. Stat. (1999).


of _______________, 2003, in Coral Gables, Miami-Dade County, State of Florida.

Raul L. Rodriguez, AIA, Chair Florida Building Commission

Department of Community Affairs

Sadowski Building 2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100


I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this

day of _______________, 2003.

PAULA P. FORD Commission Clerk

Via U.S. Mail

:James E. Agen

Wilson Window Glass & Mirror

5664 Swift Road Sarasota, Florida34231

Via Hand Delivery

:Mo Madani, Planning Manager

Codes and Standards Section

Department of Community Affairs

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

Page 3 of 3