The Florida Building Commission has the specific statutory authority to interpret the
of the Florida Building Code by entering a declaratory statement.
Section 1606.1.4, Florida Building Code, Building Volume, states:
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 . . ..
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.
and all other interested parties are hereby advised oftheir right to seek judicial
of this Order in accordance with section 120.68(2)(a), Fla. Stat. (1999), and with Fla. R.
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
Tallahassee, Florida 32399-2100, and with the appropriate District Court of Appeal
later than thirty (30) days after this Order is filed with the Clerk of the Commission. A
of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee