Report by Mark Dorsten
In the Affidavit of redacted, he states: “I ran the snake under the house about 12-15 feet and located the clog. The water then drained out to the street.” This indicates the blockage was within the perimeter of the footer of the structure.
The Florida Building Code – Plumbing 8th Edition (2023) contains specific definitions, (see attached Exhibit A).
BUILDING DRAIN. That part of the lowest piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside and that extends 30 inches (762 mm) in developed length of pipe beyond the exterior walls of the building and conveys the drainage to the building sewer.
Based on this definition, the clog was within the defined “Building Drain”. Further understanding can be gained by reading the definitions for the various components of the “Building Drain”. They include:
Combined. A building drain that conveys both sewage and storm water or other drainage.
Sanitary. A building drain that conveys sewage only.
Storm. A building drain that conveys storm water or other drainage. but not sewage.
(formatting from Florida Building Code – 8th Edition)
Once past 30-inches from the exterior walls of the building, Florida Building Code defines that portion of the plumbing as:
BUILDING SEWER. That part of the drainage system that extends from the end of the building drain and conveys the discharge to a public sewer. private sewer, individual sewage disposal system or other point of disposal.
Combined. A building sewer that conveys both sewage and storm water or other drainage.
Sanitary. A building; sewer that conveys sewage only_
Storm. A building sewer that conveys storm water or other drainage, but not sewage.
(formatting from Florida Building Code – 8th Edition)
All these various definitions must be used to interpret the intent of the Policy Language. To do otherwise would mislead the Court.