Pasco County’s New Sinkhole Ordnance –
An Editorial Perspective

On June 23, 2009, The Board of County Commissioners unanimously passed a new sinkhole ordnance. This ordinance passed a Local Technical Amendment to the Florida Building Code and the Florida Building Code, Residential that will become effective on or after August 3, 2009. These Local Amendments are reprinted below:

Section 2. The Pasco County Code of Ordinances, Chapter 18, is hereby amended as follows to create new sections 18-119, Florida Building Code, Residential, and 18-120, Florida Building Code, Existing Building.
Sec. 18-119. Florida Building Code, Residential
     The provisions of the Florida Building Code, Residential, and all subsequent amendments, are incorporated by reference and shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade in height with a separate means of egress and their accessory structures.
Sec. 18-120. Florida Building Code, Existing Residential
     The provisions of the Florida Building Code, Existing Building, and all subsequent amendments, are incorporated by reference and shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings.

Section 3. The following Local Technical Amendments to the Florida Building Code are hereby adopted by creating section 18-121.
Sec. 18-121. Florida Building Code, Local Technical Amendments

1. Florida Building Code, Building, Chapter 18, Soils and Foundations:
   1805.4.1.3 Geologic Hazards. A design statement shall be required for commercial structures where a report by a soils engineer or professional geologist has determined that the subject soils cannot provide an allowable soil bearing pressure of at least 2000 pounds per square foot (psf) and/or the soils have characteristics that indicate the possibility of differential settlement. The design statement shall include: soil remediation (site preparation) methods that will bring the allowable bearing capacity of the resident soils up to a minimum of 2000 psf and/or assuage the stated concerns over differential settlement; or state that the foundation has been designed to provide adequate support for the structure regardless of the geologically hazardous conditions stated in the soils engineering report. Acceptable "design statements" are:
1. Statements in the soils report relating to site preparation techniques that will remediate the soils to provide a 2000 psf allowable bearing capacity. The report must be signed and sealed by the registered soils engineer or professional geologist appropriately registered in the State of Florida.
2. Clearly indicated design criteria on the signed and sealed building plans showing that the foundation systems were designed with an understanding of the geologically hazardous conditions prevalent at the site. Plans shall be signed and sealed by an architect or engineer appropriately registered in the State of Florida.
2. Florida Building Code, Residential, Chapter 4:
   R401.4.3 Geologic Hazards. A design statement shall be required for residential structures where a report by a soils engineer or professional geologist has determined that the subject soils cannot provide an allowable soil bearing pressure of at least 2000 pounds per square foot (psf) and/or the soils have characteristics that indicate the possibility of differential settlement. The design statement shall include: soil remediation (site preparation) methods that will bring the allowable bearing capacity of the resident soils up to a minimum of 2000 psf and/or assuage the stated concerns over differential settlement; or indicate that the foundation has been designed to provide adequate support for the structure regardless of the geologically hazardous conditions stated in the soils engineering report. Acceptable "design statements" are:
1. Statements in the soils report relating to site preparation techniques that will remediate the soils to provide a 2000 psf allowable bearing capacity. The report must be signed and sealed by the registered soils engineer or professional geologist appropriately registered in the State of Florida.
2. Clearly indicated design criteria on the signed and sealed building plans showing that the foundation systems were designed with an understanding of the geologically hazardous conditions prevalent at the site. Plans shall be signed and sealed by an architect or engineer appropriately registered in the State of Florida.

The following letter was sent to Cynthia M. Jolly, P.E., CFM, Development Director of Pasco County prior to the adoption of the ordnance.

To summarize my position, it is my opinion as a resident and homeowner of Pasco County and a Professional Engineer, that the proposed ordinance misses the mark and will do little to reduce the total number of sinkhole claims in Pasco County. Specifically, the geotechnical testing requirements in the LDC are non-specific and the “design statement” required on the building plans as part of the ordnance will become just that, a statement. I am sure that all practicing engineers can share stories of lost projects and revenues due to that engineer trying to make a client follow the letter of a code or ordnance. Simply put, there will be projects where this “design statement” is placed on the project with little or no thought as to what the actual geological conditions are.

On Page 1 of 2 of the Pasco County Memorandum to the Board of County Commissioners from yourself dated 06/09/09, you state in paragraph 3, “Due to a large number of ground settlement insurance claims within Pasco County, Pasco County’s residence have been subjected to increased property insurance rates by insurers; and in order to increase the strength of building foundations, the Board of County Commissioners has determined that it is in the public interest to adopt a technical amendment to the 2007 Florida Building Code.” I fail to see how a design statement placed on a plan increases the strength of a building foundation.

I would categorize sinkhole claims into three groups:

• Group one, legitimate sinkhole claims
• Group two, sinkhole claims unknowingly initiated by the homeowner. In this group an unsuspecting homeowner calls their insurance company because they have a cracked tile, or a crack in the garage floor and because of the bias of F.S. 627.707 toward the homeowner, the insurance carrier initiates a sinkhole claim. Next thing you know, that cracked tile has turned into a $100,000 repair and disrupted the lives of the homeowner for months. I cannot tell you how many times I have heard from a homeowner, “If I knew all of this was going to happen, I would have never called my insurance company.”
• Group three, fraudulent sinkhole claims

I believe that my proposals would help reduce the number of claims in all three categories by reducing the amount of ordinary and expected cracking that often initiates a sinkhole claim.

1. Require SPT, hand auger, CPT and compaction testing on every building pad before the foundation is poured. This is not meant to identify Sinkhole Activity but identify other deleterious soil conditions such as organics or expansive clays. These deleterious soil conditions often lead to a sinkhole claim and since sinkhole activity cannot be ruled out as a contributing cause, complete site remediation is necessary. Cost ~$2000.00
2. Increase the minimum depth of footings to 20” with the bottom at 12” below grade and F.F. 8” above grade and provide both top and bottom reinforcement in the footing. This will increase the ability of the footing to bridge any weak soil conditions. Cost ~$700.00 on a 2,500 square foot house.
3. Control Joint slabs in accordance with ACI and NRMCA recommendations Cost ~$150.00
4. Control joint the masonry in accordance with NCMA recommendations and add horizontal joint reinforcement. Cost ~$200.00
5. Place movement joints in flooring tile as recommended by the Tile Council of North America. Cost ~$100.

Total additional cost for a 2,500 sq. ft. house is ~$3,150.00. Given that, as a property owner in Pasco County, I would pay an additional $1,800.00 / year for sinkhole coverage; this additional cost could be offset in insurance savings in just two years.

Thanks again for your time, please realize that I am not trying to be critical, I just believe that an opportunity to really make a difference is easily within reach.

Regards, Byron K. Anderson, P.E. 60987

In the fiscal impact statement that is required with any Local Amendment to the FBC, the following was stated.

“In terms of design, plan application review, construction and inspection, the cost impact as an overall average is negligible in regard to this local technical amendment. In terms of a lesser numbers of potential claims, there would be a cost benefit to the consumer.”

I pose the question, if the cost as an overall average is negligible, then what is the benefit to the residence of Pasco County. In closing, it is my opinion that this ordinance is little more than a feel good measure that will do little if anything to actually reduce the number of sinkhole claims in Pasco County.

I close with a long standing mantra of mine, “We don’t need stricter codes, we need better enforcement of the codes we have in place.”

Byron K. Anderson, P.E. 60987

FAS3 Presents at ASHI Conference

The American Society of Home Inspectors (ASHI) Suncoast Chapter held Suncoast ASHI Suntech 2009 on June 26 – 28, 2009. The purpose of the conference was to provide relevant information and continuing education for ASHI members around the region. Topics presented on were widespread and included Wind Mitigation, Code Updates and Restoration, Mold Remediation, Real Estate Law, Truss Bracing, Stucco, and yes, Settlement related issues. On behalf of FAS3, Byron K. Anderson, PE held a 2 hour session titled, "Settlement Related Structural Damage" which was attended by about 75 members of ASHI, including several from Georgia. The topics covered in the session included sinkhole related damage, sinkhole investigation process, sinkhole repair process, Florida Statutes related to sinkholes, what is not a Sinkhole, etc. The seminar included several case studies that gave the inspectors first-hand knowledge of what to look for when inspecting a home that may currently be experiencing, or have previously experienced settlement related issues. Based on the number and quality of the questions and comments, the seminar was very well received. One of the comments was, “I have seen the FAS3 billboard on Highway 54 and did not know what it meant, after your presentation, now I get it. Thank you.” Mr. Anderson has been asked by the Wiregrass Chapter of ASHI to give a similar presentation at a lunch meeting. This is currently being scheduled.

If anyone knows of an organization that would benefit from a similar presentation, please contact Jennifer at (813) 849-5769 or e-mail her at jenniferm@seiflorida.com.

The following is an excerpt from the original article published in the Florida Engineering Journal, Volume 62, Issue 10 and has been reprinted here with permission of the Florida Engineering Society.

Perform Professional License Verification

A constant problem in the construction industry of Florida is unlicensed contractors. These people can target business and homeowners alike. Long thought to be a side-effect of hurricane-related damage repair opportunities, this is a real and ongoing problem in the state of Florida.

In September of 2008, the city of Tampa added a detective to investigate the growing number of unlicensed contractor fraud cases. Recently the city’s police force conducted an undercover operation targeting unlicensed general contractors. A detective posed as a homeowner looking for a contractor to remodel areas in the house. After the detectives and the suspects discussed the job, the arrest team, which was staged in a back bedroom, moved in for the arrests.

Over the course of many investigations, police have found the following:

• Most of the victims are over the age of 50.
• The average money loss is $10,000 - $20,000. That largest loss that they have investigated was $140,000. They have 15 cases thus far, with totaling losses more than $100,000.
• The detective averages 35 calls per week. Fines start at $500.
• Contracting without a license is a 1st degree misdemeanor. The second conviction is a 3rd degree felony. Contracting without a license during a declared emergency is also a 3rd degree felony. Advertising as a contractor without a license is a 1st degree misdemeanor.
• At least 35% of contractor “permitted” work is done by unlicensed contractors. This not only hurts the industry, it is dangerous to the property owner.

This issue affects many homeowners throughout the state, but can also be a major problem for businesses. Tougher to investigate on the industry-wide scale, as business owners work with a variety of subcontractors, it is always a good idea to verify licenses of every professional we work with.

The Florida chapter of Associated Builders and Contractors states on their website, “Responsible Contractor Ordinances (RCOs), also known as Responsible Employer Ordinances (REOs) or Responsible Bidder Ordinances (RBOs), claim to promote the best interests of taxpayers and construction users and maintain a level playing field among contractors bidding on construction contracts. Protecting public and private construction owners from inferior contractors by requesting and obtaining relevant information about a contractor’s qualifications is a “worthy objective.”

...

The old saying proves to be true when hiring a contractor – ‘If it seems too good to be true, it probably is.’ Verify your contractors, ask for references’ and only sign a contract once that procedure is complete and you are confident about the arrangements.

Citation: Martin, Jean. (2009). Perform Professional License Verification. Florida Engineering Journal, 62, (10), June, 12.