The Aluminum Association of Florida https://aaof.org/ has been non-responsive to our inquiries about the revisions to the building code that allow for plexiglas construction with aluminum structures. We would like to know how the requirements for activities that take place at 75 miles per hour winds will take place and be enforced.
Believe it or not, there is a building code exception that allows for aluminum “sunrooms” to be constructed with removable plexiglass windows that are wind rated for only 75 MPH, even in high velocity hurricane zones. How so? Well, when those wind get to 75 MPH, the plexiglass windows are to be removed to let the storm blow through.
The 2023 8th Edition of the Building Code, Chapter 20 Aluminum starts as follows
2001.1 Scope. This chapter shall govern the quality, design, fabrication and erection of aluminum. The quality, design, fabrication and erection of aluminum used structurally in buildings or structures shall conform to good engineering practice, the provisions of this chapter and other applicable requirements of this code.
Exception: Buildings and structures located within the high-velocity hurricane zone shall comply with the provisions of Sections 2002.7 and 2003.
Here is the note that was used to assert the exception to the Boynton Beach Building Department.
The building code has had multiple revisions since 2014, generally every three years. The 2023 8th Edition of the Building Code, Chapter 20 Aluminum, for the labels is as follows:
2002.3.3 Vinyl, tempered glass and acrylic panels. Vinyl, tempered glass, and acrylic panels shall be removable. Removable panels shall be identified as removable by a decal. The identification decal shall essentially state “Removable panel SHALL be removed when wind speeds exceed 75 mph (34 m/s).” Decals shall be placed such that the decal is visible when the panel is installed.
Now, who is going to enforce this and where are all those plexiglass windows going to be stored? Who should be called out in 75 MPH winds? If you read other parts of the current building code, the criteria is an expectation of 75 MPH winds. What the 2023 8th Edition of the Building Code also says in a different part of Section 2002, is:
2002.7 Alternative design method for screen enclosure. (8) Where screen enclosures are designed in accordance with the screen removal alternates of this section, the contractor shall provide written notice to the owner and the local building code enforcement department that the owner must retract, remove, or cut a panel or panels of the screen enclosure in accordance with the project engineering design or the manufacturer’s instructions when wind speeds are expected to exceed 75 mph (34 m/s).
https://codes.iccsafe.org/content/FLBC2023P2/chapter-20-aluminum
Here is the 2020 7th Edition of the Building Code, basically the same. https://codes.iccsafe.org/content/FLBC2020P1/chapter-20-aluminum
Now some would say, that 2002.7 is a different screen enclosure alternative than that of 2002.3.3 and maybe so by intent, but if so, why are they different when the removal requirements are the same? Is the removal enforced in one case and not in the other? We will be speaking with the Florida Building Code Board to find out.
And now, who is going to go out and check on this when the winds are expected to exceed 75 MPH? Will the City of Boynton Beach enforce this? So far I have been unable to verify that.
What can an HOA do about this? Plenty. https://legalclarity.org/florida-hoa-architectural-rules-owner-rights-explained/
The following are from the Covenants for Crystal Key at Woolbright Place
The procedures to be followed by the D.R.B. that are “set forth herein” are described in the Covenants Article 9 Use Restriction and in Article 11 Construction or Repair After Causality. The Covenants can be found on the Governing Documents page.
The Florida HOA Statute also has a section on Architectural Review Boards.
We would like to see this unenforcable building code exception listed as excluded in the guidelines for the ARB/DRB of Crystal Key at Woolbright Place.
Our community has the same wind risks as the official High Velocity Wind Zones (HVWZ) of Broward and Miami-Dade Counties and those require better construction standards that an HOA of a restricted use community with the wind risks of the HVWZ can and should require. Those would require the enforcement of 2002.7
Here is an excellent article on How to Rescind an HOA ARC Approval https://legalclarity.org/can-a-homeowners-association-rescind-approval/
The City of Boynton Beach Building Department also makes amendments to the Florida Building Code. Here is the latest version: https://www.boynton-beach.org/DocumentCenter/View/1277/Boynton-Beach-local-Amendment-2023-FBC-Building-chapter-1
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