Commission 2013 Glitch Amendment Review Process—August 2013

Organization of TAC Recommendations on Glitch Amendments

For each technical code area (Accessibility, Code Administration, Electrical, Energy, Fire, Mechanical, Plumbing, Roofing, Special Occupancy, Structural, and Swimming Pool), TAC recommendations on proposed Glitch amendments will be organized on three consent agendas per TAC, as follows:

Consent Agenda 1: TAC recommends amendments meet Glitch criteria, and TAC recommends approval of Glitch amendments As Submitted (AS).

Consent Agenda 2: TAC recommends amendments meet Glitch criteria, and TAC recommends approval of Glitch amendments As Modified (AM) by the TAC.

Consent Agenda 3: TAC recommends amendments do not meet Glitch criteria, and TAC recommends No Affirmative Recommendation (NAR); or TAC recommends amendments meet Glitch criteria, and TAC recommends No Affirmative Recommendation (NAR) on the code text fix.

Amendments TAC chairs recommended pulling for individual consideration based on public comment submitted through the BCIS will be on separate tracking charts for each code area and will be considered individually. Commissioners may pull any amendments they wish from the consent agendas of TAC recommendations during the Commission’s consideration of Glitch amendments at the August 22-23, 2013 Commission meeting.

Pulling Amendments From the Consent Agendas of TAC Recommendations

Once the TAC recommendations on proposed Glitch amendments are posted to the BCIS the public will have three weeks to submit their requests for amendments to be pulled off of the consent agendas through the BCIS. DBPR staff will work with the respective TAC chairs to develop recommendations regarding which amendments to initially pull from the consent agendas of TAC recommendations. All Commission members retain the right to pull any amendment they wish to consider individually during the Commission’s consideration of Glitch amendment conducted at the August 22-23, 2013 Commission meeting. Pulling amendments off of the consent agendas in advance will allow staff to organize the tracking charts as accurately as possible and expedite the Commission’s Glitch review process during the August meeting.

Commission Glitch Amendment Review Process

In order for a proposed code change to be accepted as a Glitch change, it must meet each of the following criteria:

(1) The proposed code change falls within the scope of the glitch criteria (listed below a-f).

(2) The proposed code change has a Florida specific need.

(3) The impact on small businesses has been considered.

Glitch Criteria—Section 553.73(8) F.S.

In order for a proposed code change to be accepted as a Glitch change, it must fall within one of the following criteria:

Ø (a.) Conflicts within the updated code;

Ø (b.) Conflicts between the updated code and the Florida Fire Prevention Code adopted pursuant to chapter 633;

Ø (c.) Unintended results from the integration of previously adopted Florida-specific amendments with the model code;

Ø (d.) Equivalency of standards;

Ø (e.) Changes to or inconsistencies with federal or state law; or

Ø (f.) Adoption of an updated edition of the National Electrical Code if the Commission finds that delay of implementing the updated edition causes undue hardship to stakeholders or otherwise threatens the public health, safety, and welfare.

Ø In addition, the Commission may not amend to diminish criteria related to wind resistance or prevention of water intrusion.

Glitch Amendments Will Be Organized On Three Consent Agendas Per Technical Code Area {Accessibility, Code Administration, Electrical, Energy, Fire, Mechanical, Plumbing, Roofing, Special Occupancy, Structural, and Swimming Pool}:

Consent Agenda 1—Qualifies as a Glitch Amendment and Approve as Submitted

Commission will vote that the amendments on the consent agendas are Glitch Amendments, and to approve the amendments As Submitted.

· Public Comment on the TAC recommendations by technical code area.

· Commission will decide whether to pull any specific proposed Glitch Amendments for individual consideration by technical code area.

· Commission will vote to approve Consent Agenda of TAC recommendations as presented or as amended if any additional amendments are pulled for individual consideration by technical code area.

· Vote is in favor of TAC recommendations regarding the proposed glitch amendments (the package of proposed amendments meets the Glitch criteria and should be approved as submitted).

· Commission will individually discuss and vote on all amendments pulled for individual consideration (meets glitch criteria and code text to correct the glitch).

Consent Agenda 2—Qualifies as a Glitch Amendment and Approve as Modified By the TAC

Commission will vote that the amendments on the consent agendas are Glitch Amendments, and to approve the amendments As Modified by the TACs.

· Public Comment on the TAC recommendations by technical code area.

· Commission will decide whether to pull any specific proposed Glitch Amendments for individual consideration by technical code area.

· Commission will vote to approve Consent Agenda of TAC recommendations as presented or as amended if any additional amendments are pulled for individual consideration by technical code area.

· Vote is in favor of TAC recommendations regarding the proposed glitch amendments (the package of proposed amendments meets the Glitch criteria and should be approved as modified by the TAC).

· Commission will individually discuss and vote on all amendments pulled for individual consideration (meets glitch criteria and code text to correct the glitch).

Consent Agenda 3—Does Not Qualify as a Glitch Amendment and No Affirmative Recommendation

Commission will vote that the amendments on the consent agendas are not Glitch Amendments, and to not approve the amendment.

· Public Comment on the TAC recommendations by technical code area.

· Commission will decide whether to pull any specific proposed Glitch Amendments for individual consideration by technical code area.

· Commission will vote to approve Consent Agenda of TAC recommendations as presented or as amended if any additional amendments are pulled for individual consideration by technical code area.

· Vote is in favor of TAC recommendations regarding the proposed glitch amendments (the package of proposed amendments does not meet the Glitch criteria and should be not be approved (denied)).

· Commission will individually discuss and vote on all amendments pulled for individual consideration (meets glitch criteria and code text to correct the glitch).
Glitch Amendment Review and Consideration Process

* Facilitator will serve as the moderator.

* One person speaks at a time.

* Limit your comment and be concise.

* Do not read lengthy prepared statements; Summarize and submit complete comment text for the record.

* Offer new points or state agreement with previous speakers; Please do not repeat what has been stated.

* The Commission wants to hear all view points, but not repeats of the same views.

* Comments will be limited to a maximum of three-minutes (3) per person.

* Facilitator will assist with process and groundrules.

* Facilitator will introduce Consent Agenda 1 for those amendments recommended by TACs as: “Qualifies as Glitch Amendment and Approve As Submitted” by technical code area.

* Public will be provided an opportunity for comment.

* Commissioners will decide which, if any, amendments to pull for individual consideration.

* Commission will vote to approve Consent Agenda of TAC recommendations as presented or as amended if any additional amendments are pulled for individual consideration by technical code area.

* Facilitator will introduce Consent Agenda 2 for those amendments recommended by TACs as: “Qualifies as Glitch Amendment and Approve As Modified” by technical code area.

* Public will be provided an opportunity for comment.

* Commissioners will decide which, if any, amendments to pull for individual consideration.

* Commission will vote to approve Consent Agenda of TAC recommendations as presented or as amended if any additional amendments are pulled for individual consideration by technical code area.

* Facilitator will introduce Consent Agenda 3 for those amendments recommended by TACs as: “Does Not Qualify as Glitch Amendment and No Affirmative Recommendation” by technical code area.

* Public will be provided an opportunity for comment.

* Commissioners will decide which, if any, amendments to pull for individual consideration.

* Commission will vote to approve Consent Agenda of TAC recommendations as presented or as amended if any additional amendments are pulled for individual consideration by technical code area.

Amendments Pulled for Individual Consideration

* Commission will consider individually any amendments pulled from the Consent Agendas.

* Facilitator will introduce each amendment.

* Proponents of proposed amendment will speak first.

* Opponents of proposed amendment will follow proponents.

* The proponent (submitter) of the amendment will be offered one brief counterpoint opportunity to address only new points not addressed during their initial comment opportunity.

* Groundrules for commenting apply (see above).

* Clarifying questions by Commission members only.

* Once a motion is on the floor, discussion is limited to Commission members except as allowed by the Chair.

* Motions require a 75% favorable vote for approval; those with less than a 75% favorable vote, are deemed to be: No Affirmative Recommendation (denied).