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Date Received:4/29/2024 4:53:16 PM
To:Ashraf Elkotaney; Ott, Krista K; Hesson, Stephen C; Freeland, John C
Cc:Robert_Taylor@davie-fl.gov; scott.morris@charlottecountyfl.gov; cdiaz@seminolecountyfl.gov; jmillican@lealmanfire.com; firek9@outlook.com; Ward, Harvey L; Chestnut, Cynthia M; Saco, Reina E; Walker, Desmon N; Book, Edwin A; Willits, Casey W; Eastman, Bryan M
From:John Adler
Subject:RE: [EXTERNAL] Report Code Violations - Fire Setback
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Message:

Good afternoon. I received word from the City of Gainesville Building Official that the homes in question are located in the County’s jurisdiction. The Florida Fire Prevention Code exempts 1 and 2 family dwellings. Fire officials do not have jurisdiction in this matter. We cannot enforce the Florida Building Code. Your questions should be presented to the Alachua County Building Official Dan Gargas or to Code Enforcement. I believe you have already been dealing with them and should have their contact information.

 

John Adler, CFO, FM, MIFireE
Fire Marshal / Division Chief
Fire Rescue
911 SE 5th ST • Gainesville • FL • 32601
352-384-3107 (office) • 863-781-1452 (mobile) • 352-384-3157 (fax)
         

PLEASE NOTE: Florida has a very broad public records law (F.S.119).
All e-mails to and from County Officials and County Staff are kept as public records. Your e-mail
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From: Ashraf Elkotaney <ashraf_cpa@aol.com>
Sent: Monday, April 29, 2024 9:39 AM
To: Ott, Krista K <ottkk@cityofgainesville.org>; Stephen Hesson <hessonsc@cityofgainesville.org>; Freeland, John C <freelandjc@cityofgainesville.org>
Cc: Robert_Taylor@davie-fl.gov; scott.morris@charlottecountyfl.gov; cdiaz@seminolecountyfl.gov; jmillican@lealmanfire.com; John Adler <jadler@alachuacounty.us>; firek9@outlook.com; Ward, Harvey L <wardhl@cityofgainesville.org>; Chestnut, Cynthia M <chestnutcm@cityofgainesville.org>; Saco, Reina E <sacore@cityofgainesville.org>; Walker, Desmon N <walkerdn@cityofgainesville.org>; Book, Edwin A <bookea@cityofgainesville.org>; Willits, Casey W <willitscw@cityofgainesville.org>; Eastman, Bryan M <eastmanbm@cityofgainesville.org>
Subject: Re: [EXTERNAL] Report Code Violations - Fire Setback

 

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Thank you, Ms. Krista Ott. 

 

As examples, please see the attached photos below (pictures were taken on 4/29/24). Again, I will be happy to assist Mr. Freeland's and Mr. Hesson's departments further on this matter. 

 

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Ashraf Elkotaney, CPA, CMA, CFM, CFE, CGMA

 

 

On Sunday, April 28, 2024 at 07:22:32 PM EDT, Ott, Krista K <ottkk@cityofgainesville.org> wrote:

 

 

Good evening Ashraf Elkotaney,

 

Thank you for bringing this to the attention of the City of Gainesville. At this time, I am the Community Resource Paramedicine Program Coordinator. While this type of violation does not fall within my scope of work currently, I have copied Chief Stephen Hesson who is Gainesville Fire Rescue’s Fire Marshal and Assistant Chief of the Risk Reduction Bureau, as well as John Freeland who is a Building Official with the City of Gainesville.

 

Thank you for your commitment to safety,

 

Krista Ott, MFES/ DEM, EMT (she/her) ¦ Community Resource Paramedicine Program Coordinator

Gainesville Fire Rescue | City of Gainesville

Cell: (352) 339-6375 | Desk: (352) 393-8455

Email: ottkk@gainesvillefl.gov

Note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response

to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

 

 

 

From: Ashraf Elkotaney <ashraf_cpa@aol.com>
Sent: Sunday, April 28, 2024 2:47 PM
To: Ott, Krista K <ottkk@cityofgainesville.org>
Cc: Robert_Taylor@davie-fl.gov; scott.morris@charlottecountyfl.gov; cdiaz@seminolecountyfl.gov; jmillican@lealmanfire.com; jadler@alachuacounty.us; firek9@outlook.com; Ward, Harvey L <wardhl@gainesvillefl.gov>; Chestnut, Cynthia M <chestnutcm@gainesvillefl.gov>; Saco, Reina E <sacore@gainesvillefl.gov>; Walker, Desmon N <walkerdn@gainesvillefl.gov>; Book, Edwin A <bookea@gainesvillefl.gov>; Willits, Casey W <willitscw@gainesvillefl.gov>; Eastman, Bryan M <eastmanbm@gainesvillefl.gov>
Subject: [EXTERNAL] Report Code Violations - Fire Setback

 

Dear Ms. Krista Ott,

 

I am a resident of Gainesville, FL since 2012. I am writing to report to your department code violations by a solar contractor in town. In summary, the solar contractor installed solar panels on the top of the roofs of several houses in violation of the FBC 107.4  (fire setback) / the Florida Building Code, Residential (Section 324), below are the applicable codes.

 

I observed the solar panels installed by the solar contractor on the roofs in our neighborhood and I realized that they were installed to right up to the ridge lines with no setback, as required by the FBC 107.4 / Florida Building Code, Residential.

 

I am willing to email you photos of the houses in violations and their addresses, or meet with representatives from your department to walk them through the locations of these houses. Please let me know your preference.

 

As a Certified Fraud Examiner (CFE) and a citizen of Gainesville, I feel responsible for brining this matter to your attention. I also would like to preserve and protect the interest of the public health, safety, and welfare in Gainesville, FL.

 

 

Code Reference: Florida Building Code, Residential

Section 324 – Solar Energy Systems

R324.6Roof access and pathways.

Roof access, pathways and setback requirements shall be provided in accordance with Sections R324.6.1 through R324.6.2.1. Access and minimum spacing shall be required to provide emergency access to the roof, to provide pathways to specific areas of the roof, to provide for smoke ventilation opportunity areas and to provide emergency egress from the roof.

Exceptions:

1.       1.Detached, nonhabitable structures, including but not limited to detached garages, parking shade structures, carports, solar trellises and similar structures, shall not be required to provide roof access.

2.       2.Roof access, pathways and setbacks need not be provided where the code official has determined that rooftop operations will not be employed.

3.       3.These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (17-percent slope) or less.

R324.6.1Pathways.

Not fewer than two pathways, on separate roof planes from lowest roof edge to ridge and not less than 36 inches (914 mm) wide, shall be provided on all buildings. Not fewer than one pathway shall be provided on the street or driveway side of the roof. For each roof plane with a photovoltaic array, a pathway not less than 36 inches wide (914 mm) shall be provided from the lowest roof edge to ridge on the same roof plane as the photovoltaic array, on an adjacent roof plane, or straddling the same and adjacent roof planes. Pathways shall be over areas capable of supporting fire fighters accessing the roof. Pathways shall be located in areas with minimal obstructions such as vent pipes, conduit or mechanical equipment.

R324.6.2Setback at ridge.

For photovoltaic arrays occupying not more than 33 percent of the plan view total roof area, not less than an 18-inch (457 mm) clear setback is required on both sides of a horizontal ridge. For photovoltaic arrays occupying more than 33 percent of the plan view total roof area, not less than a 36-inch (914 mm) clear setback is required on both sides of a horizontal ridge.

R324.6.2.1Alternative setback at ridge.

Where an automatic sprinkler system is installed within the dwelling in accordance with NFPA 13D or Section P2904, setbacks at ridges shall comply with one of the following:

1.       1.For photovoltaic arrays occupying not more than 66 percent of the plan view total roof area, not less than an 18-inch (457 mm) clear setback is required on both sides of a horizontal ridge.

2.       2.For photovoltaic arrays occupying more than 66 percent of the plan view total roof area, not less than a 36-inch (914 mm) clear setback is required on both sides of a horizontal ridge.

 

Kind Regards,

 

Ashraf Elkotaney, CPA, CMA, CFM, CFE, CGMA