FLORIDA BUILDING COMMISSION
Plenary Session
World Golf Village
500 South Legacy Trail,
St. Augustine, Florida
32092
April 9, 2013
COMMISSIONERS
PRESENT:
Dick Browdy,
Chair Jon
Hamrick
Hamid Bahadori Beth
Meyer
Bob Boyer John
Scherer
Oscar L. Calleja Bradley
W. Schiffer
Nanette (Nan)
Dean James
Schock
Kevin M.
Flanagan Drew
Smith
Charles L. Frank Jeff
Stone
Herminio
Gonzalez Brian
Swope
Dale Greiner John
“Tim” Tolbert
Jeff Gross
COMMISSIONERS
NOT PRESENT:
Ken Gregory Rafael
Palacios
OTHERS
PRESENT:
.
Jim Richmond April
Hammonds
Mo Madani Ila Jones
Jim Hammers Chris
Burgwald
MEETING
FACILITATION:
The meeting was
facilitated by Jeff Blair from the FCRC Consensus Center at Florida State University.
Information at: http://consensus.fsu.edu/
FBC Plenary Session
April 9, 2013
Page 2
WELCOME:
Welcome
Commissioners, staff, and members of the public to St. Augustine and the April
9, 2013 plenary session of the Florida Building Commission. In addition to
considering regular procedural issues including product and entity approvals,
applications for Accreditor and course approvals, petitions for declaratory
statements, accessibility waivers, and recommendations from our various
committees, the primary focus of the April meeting is to consider and decide on
draft issues and recommendations for inclusion into the Commission’s Report to
the 2014 Legislature (Commission’s Annual Report). Members of the public are
requested to sign the attendance sheet on the speaker’s table in the center of
the room. In addition, we have a sign-up sheet for general public comment. As
always, we will provide an opportunity for public comment on each of the
Commission’s substantive discussion topics. If you want to comment on a
specific substantive Commission agenda item, please come to the speaker’s table
when the issue is up for consideration so we know you want to speak. Public
input is welcome, but should be offered before there is a formal motion on the
floor. Please remember to keep all electronic devices turned off or in a
silent mode. Thank you for your cooperation.
There are also buff colored “Public
Comment Forms” on the speakers’ table that can be used to provide written
comments. All written comments will be included in the Facilitator’s Summary
Report. Please give your completed “Public Comment Forms” to Jeff Blair.
Some of the licensing boards
located within the Department of Business and Professional Regulation (Board
of Architecture and Interior Designers; Building Code Administrator and
Inspector Board; Construction Industry Licensing Board; Electrical Contractors
Licensing Board, and Board of Professional Engineers), have adopted rules
regarding continuing education credits for attending Florida Building Commission
meetings and/or Technical Advisory Committee meetings. If your board
participates you may sign-in on the kiosk laptop provided in the meeting room.
Chairman Browdy conducted a roll call of the Commission members,
stating that there are 21 members currently with 5 vacancies stating the areas
that are vacant.
Chairman Browdy requested that Jeff Blair cover the agenda items
for the meeting today.
FBC Plenary Session
April 9, 2013
Page 3
Jeff
Blair welcomed everyone to the April Plenary Session and introduced the agenda as
follows:
·
To Approve
Regular Procedural Topics (Agenda and Minutes)
·
To
Consider/Decide on Chair's Discussion Issues/Recommendations.
·
To Discuss
of Results from Commission’s Annual Exercises; Effectiveness Assessment Survey
and Workplan Prioritization Exercise
·
To Discuss
the Effective Date of the Next Edition of the Florida Building Code
·
To
Consider/Decide on Accessibility Waiver Applications.
·
To
Consider/Decide on Approvals and Revocations of Products and Product Approval
Entities.
·
To
Consider Applications for Accreditor and Course Approval.
·
To
Consider/Decide on Legal Issues: Binding Interpretations, Specifically Binding
Interpretation #91, and Petitions for Declaratory Statements.
·
To
Consider/Decide on Issues Related to Adoption of Rules, and Specifically,
Consider Development of Rule 61G20-4.001, Procedures – Accessibility Waiver
Fees.
·
To
Consider Facilitator’s Summary of Issues and Recommendations for the
Commission’s 2013 Annual Report
·
To
Consider/Decide on Technical Advisory Committees Reports/Recommendations.
·
To
Consider/Decide on POCs Reports/Recommendations: Education and Product Approval
Program Oversight Committee (POCs).
·
To Hear
Public Comment
·
To
Identify Needed Next Steps, Assignments, and Agenda Items For Next Meeting
Approval of Procedural Topics, Agenda and Minutes:
Chairman Browdy entertained a motion to
approve the April 9, 2013 agenda as presented.
Motion entered and seconded, passed unanimously. Chairman Browdy stated agenda was approved as
submitted and posted.
Chairman Browdy entertained a motion for
approval of the February 4-5, 2013 Facilitators Summary Report and meeting
minutes, March 18, 2013 Teleconference minutes and April 1, 2013 Teleconference
minutes received electronically prior to today’s meeting. Commissioner Schiffer requested a change on
page 4 under HB 1245/SB1252 in the March 18th 2013 Teleconference
minutes. Chair Browdy acknowledged,
changes were provided to staff. Chairman
Browdy entertained a motion to approve the Facilitator report and minutes as
presented and posted with changes. Motion
entered and seconded, passed unanimously.
FBC Plenary Session
April 9, 2013
Page 4
Chair’s Discussion
Issues and Recommendations:
a)
Appointments
{Commission-POCs/TACs-Workgroups-Committees}
Chair Browdy stated he was happy to report that the Governor had confirmed re-appointments and made one new appointment to the Commission have been confirmed by the Senate. Chair Browdy provided the following Commissioners and their related terms: Bob Boyer, term expiration 7/26/2015, Oscar Calleja, term expiration 2/3/2015, Kevin Flanagan, term expiration 1/30/2015, Charles Frank, term expiration 3/11/2017, Jeff Gross, term expiration 11/21/2015, Brad Schiffer, term expiration 8/11/2015, Jim Schock, term expiration 1/12/2015, Jeff Stone, term expiration 7/27/2015, Brian Swope, term expiration 5/1/2015 and Chairman Browdy term expiration 10/13/2015. Chair Browdy reminded the Commission that during the last Legislative Session the Senate adjourned without confirmation of all of the Governor’s appointments except certain ones and these confirmations although late were welcomed as it enables the completion of the legal requirement for sitting a Commissioner on the Florida Building Commission. Chair Browdy advised the only new appointment that was not confirmed at this point is Nan Dean and also Beth Meyer whose appointment just occurred Thursday of this past week. He stated that confirmation was delayed to allow for the appointment to be extended for four additional years since the initial appoint expired on April 5, 2013. Nan Dean is listed as having another term in place for with an expiration of 2017. Chair Browdy stated the Commission could expect the confirmation letter at a later date. He stated that the new appointment by Governor Scott’s Office, the Governor has made an appointment to seat representing persons with disabilities. Chair Browdy further stated that the Governor has appointed Beth Meyer. He advised Ms. Meyer’s works with the City of Jacksonville, as the ADA Coordinator for the City of Jacksonville with a title of Manager of Disabled Services for the City of Jacksonville. Chair Browdy stated he knew the Commissioner would giver Ms. Meyer a warm welcome. He stated it is very important to have that chair filled and the Commission is very fortunate to have the position filled with such a qualified individual. Chair Browdy stated that the full confirmation has not been completed for Ms. Dean or Ms. Meyer to allow for the full four years listing their term through 2017. Chair Browdy advised that Commissioner Meyer will also be assigned to serve on the Accessibility TAC. He also advised that he is appointing Jim Ginas to the Code Administration TAC representing manufactured building interest. Chair Browdy stated in regards to the Education POC he recently appointed Commissioner Nan Dean as Chairman for the Education POC and held her first meeting April 8, 2013.
FBC Plenary Session
April 9, 2013
Page 5
b)
2013/2014 Meeting Locations
Jim Richmond provided the Commission with the proposed dates and locations of the 2013 and the first half of 2014 meetings. He advised that the Commission will start meeting on Thursday and Friday in lieu of Monday and Tuesday beginning with the month of August.
June 10 – 11, 2013 Daytona Beach
(Hilton Daytona Beach)
August 22 - 23, 2013 Boca Raton
(Marriott Boca Raton at Boca Center)
October 17 – 18, 2013 Kissimmee
(Gaylord Palms) Alternate location to be
established
December 12–13, 2013 St. Pete Beach
(Tradewinds Islands)
February 20-21, 2014 St. Augustine
(World Golf Village)
April
16-17, 2014 Kissimmee (Gaylord Palms)-Alternate
location to be established
June
19-20, 2014 Daytona Beach (Hilton Daytona Beach)
Mr.
Richmond explained that the Gaylord Palms could not accommodate our meeting
needs thus the reason for seeking an alternate location in Kissimmee. Mr. Richmond did point out to the Commission
that due to Good Friday, the April 2014 meeting will be held on Wednesday and
Thursday.
c)
Building Code Advisory Board of Palm Beach County
Correspondence
Chair Browdy advised the Commission
received a written request from the Building Code Advisory Board of Palm Beach
County for evaluation of issues regarding fastener corrosion. Jim Richmond
provided an overview of the issue and provided staff’s recommended course of
action to move to the Roofing TAC to explore issues and concerns.
Chair Browdy referred to Roofing TAC
inviting interested parties to the meeting.
FBC Plenary Session
April 9, 2013
Page 6
Chair’s
Discussion Issues and Recommendations (cont.)
d)
Legislative Issues Update Teleconference Calls
Jim Richmond advised that there was
a meeting scheduled for last week, April 1st, but due to technical
difficulties and the meeting this week, it was cancelled. Commissioners we have teleconference calls
tentatively scheduled for the following Monday’s during the 2013 Legislative
Session as follows:
April
22, April 29 and May 13 starting at 10:00 AM. Staff will notify the Commission regarding whether we will
have the calls based on the status of developing legislative issues of interest
to the Commission.
Mr. Richmond stated that SB 1252 and
1442 are both on the Regulated Industry agenda for consideration this
afternoon. He stated that SB 1252 is
significant to the Building Commission related legislation; amendments are
being filed to make it substantially similar to its House companion bill HB
1245 which was heard last week. Jim
stated that this bill of particular note will add a 26th member to
the Building Commission representing interest in gas, natural gas. He stated gas is the primary item in that
bill. Jim stated that the other bill SB
1442 is low voltage alarm system contracting and permitting and basically
establishes an alternate means of by which the codes requirements for low
voltage wiring of alarm systems will be enforced, there is an amendment on that
bill to exempt or accept fire alarm systems from the coverage of that bill. Jim advised the HB companion HB 973 was voted
out of the Department of Business and Professional Regulation on March 20th. He stated that these are the only bills with
movement in the Legislature.
Commission Effectiveness Assessment
Survey Results:
Chairman
Browdy noted that each year the Commission conducts an Effectiveness Assessment
Survey to gauge the Commission’s perspective on seven key metrics. Over the
years the survey input has been the basis for many enhancements to the Commission’s
procedures. Jeff Blair reviewed the results of the Annual Effectiveness
Assessment Survey for 2013 and answered member’s questions.
FBC Plenary Session
April 9, 2013
Page 7
Commission Effectiveness Assessment
Survey Results (cont.):
Following are the compiled Effectiveness Assessment results
from 2000 – 2013:
Workplan Prioritization Exercise
Jeff
Blair reviewed the results of the 2013 Workplan Prioritization Exercise and
answered member’s questions. Commissioners were asked to rank each of eight (8)
key Workplan Tasks on a five-point continuum/scale where a 5 equals the
highest level of priority and a 1 equals the lowest level of priority. Members
were asked to rank the priority of each task independently and not in relation
to the other tasks. Each of the Workplan Task’s rankings were tallied
and arranged in order of highest priority (1) to lowest priority (10). The
ranking results ranged from a high of 4.57 to a low of 3.14out of 5.
FBC Plenary Session
April 9, 2013
Page 8
Following are the results of the Commission’s prioritization
exercise for 2013:
Effective
Date of the next Edition of the Florida Building Code
Mo
Madani, DBPR Code Technical Manager, reviewed a proposed revised effective date
and related implementation schedule for the 2013 Florida Building Code with the
Commission, and answered member’s questions. Mo noted that staff is
recommending the effective date for the 2013 Code be changed from March 1, 2014
to December 31, 2014 to sync with the effective date of the Florida Fire
Prevention Code and to provide adequate time to prepare a fully integrated
updated Code. Chairman Browdy reported
that the Commission should consider allowing the 2013 Code once adopted to be
used on a voluntary basis as an alternate equivalent to the current edition of
the Code prior to the effective date of the 2013 Code. The Chair noted the
Commission should consider this
action
when they formally adopt the 2013 Florida Building Code. Following questions and answers, public
comment and discussion the Commission took the following action:
Commission
Action:
A motion was entered and seconded, the Commission voted, 16 - 3 in favor, to maintain the March
1, 2014 effective date of the 2013 Florida Building Code, and for staff to
revise the Workplan to reflect this schedule.
FBC Plenary Session
April 9, 2013
Page 9
Accessibility Waiver Applications:
April Hammonds, Accessibility Advisory Council
legal advisor, presented the Accessibility Advisory Council’s recommendations
for all applications, and the Commission reviewed and decided on the Waiver
applications submitted for their consideration. A complete summary of
accessibility waiver applications and Commission actions is included as an
attachment to this Report.
Fifth Street Marina, 341 NW
South River Drive, Miami – deferred by TAC
Commission Action: Motion to defer, seconded
vote was unanimous with Chair.
Fifth
Street Marina, 341 N. W. South River Drive, Miami
Holiday Surf and Racquet Club
Condominium, 520 Gulfshore Drive, Destin – deferred by TAC.
Commission Action: Motion to defer, seconded, vote
was unanimous with Chair.
Holiday
Surf and Racquet Club Condominium, 510 Gulfshore Drive, Destin
Greater Tallahassee Chamber of
Commerce, 300 Park Avenue. Tallahassee – TAC granted waiver.
Commission Action: Motion to grant waiver, seconded, vote was
unanimous with Chair.
Greater
Tallahassee Chamber of Commerce, 300 Park Avenue, Tallahassee
Claremont
Hotel, 1700 Collins Avenue, Miami Beach –
TAC granted waiver for technical infeasibility.
Commission Action: Motion to grant waiver based on technical
infeasibility, seconded, vote was unanimous with Chair.
Claremont
Hotel, 1700 Collins Avenue, Miami Beach
Xtreme Pool Challenge, 161 N. Atlantic
Avenue, Cocoa Beach – TAC, no
recommendation split vote did not support.
Commission Action: Motion to deny waiver seconded, vote was 18 in
favor of denial with one negative vote
Xtreme Pool Challenge, 161 N. Atlantic Avenue, Cocoa
Beach
FBC Plenary Session
April 9, 2013
Page 10
Consideration of Applications for
Product and Entity Approval
Commissioner
Stone presented the committee’s recommendations for entities and product approvals
on the consent agenda for approval, and Jeff Blair presented the
recommendations for product approvals with comments and/or discussion.
Commissioner
Stone advised that there were 35 entities recommended by consent for approval
by the POC. He entered a motion for
approval by the Commission, seconded, passed unanimously with Chair.
Commissioner
Stone stated there were 106 products on the consent agenda as approve by the
POC. He entered a motion to approve,
seconded, and passed unanimously with Chair.
Commissioner Stone advised there were seven
products up for discussion from the POC.
Mr. Blair listed the products up for discussion
as listed below:
1.)
12918R-1
recommendation is to defer, motion to approve deferral, seconded, passed unanimously with Chair.
2.)
10746R-1-recommendation
for approval, motion to approve, seconded, passed unanimously with Chair.
3.)
103213R-1
recommendation for approval, motion to approve, seconded, passed unanimously
with Chair.
4.)
16220-
recommendation for conditional approval with revised
subcategory of the application to fixed, motion to grant conditional approval,
seconded, passed unanimously with Chair.
5.)
8262R-4
recommendation for conditional approval with revised test report to indicate
the type of the SBS as tested, motion to grant conditional approval, seconded,
passed unanimously with Chair.
6.)
15895R-1
– recommendation for approval, motion to approve, seconded, passed unanimously
with Chair.
7.)
2075R-6
– recommendation for conditional approval with revised NOA file with proper
corrected version, motion to grant conditional approval, seconded, passed
unanimously with Chair.
FBC Plenary Session
April 9, 2013
Page 11
Applications
for Accreditor and Course Approval:
Commissioner
Dean presented the applications, and the Commission reviewed and decided on the
accreditor and course applications submitted for their consideration as
follows:
Courses:
#564.0 (based on the lack of inclusion of various student
exercises, which were noted in the syllabus to be used to verify student
understanding of the course content).
Commission
voted unanimously, 17 – 0 in favor, to defer approval of advanced
#566.0.
Commission voted unanimously, 18 – 0
in favor, to approve advanced course
#569.0.
Commission voted unanimously, 18 – 0 in favor, to approve advanced course
#565.0.Commission
voted unanimously, 19 – 0 in favor, to approve advanced course
#567.0
(based on the lack of inclusion of a multiple choice exam and answers, the
inclusion of a Permit Form and Notice of Commencement Form which are not code
related, and the lack of provision of two Florida specific sub-sections on the
E-Occupancy slide (18)). The Commission voted unanimously, 19 – 0 in favor, to
defer approval of advanced
#573.0.Commission
voted unanimously, 19 – 0 in favor, to approve advanced course
Consent
Agenda: #170.1, #175.1, #178.1, #173.1, and #176.1. The Commission voted
unanimously, 19 – 0 in favor, to approve the consent agenda.
Self
affirmed advanced #317.1
(based on the citing of the 2007 version of the Florida Building Code instead
of the 2010 version, both on the course syllabus and on numerous slides
throughout the actual course materials). The Commission voted unanimously, 19 –
0 in favor, to defer approval of self-affirmed course.
Self-affirmed
advanced #484.0. Commission voted unanimously, 19 – 0 in favor, to approve
FBC Plenary Session
April 9, 2013
Page 12
Consideration of Legal Issues and Legislative Issues:
Petitions For Declaratory
Statements
April
Hammonds, Esq. advised of the following declaratory statements.
DS 2013-001 petitioned by Ken Rich
The
Commission voted 19 – 0 in favor, to approve the Fire TAC’s recommendation on the
petition.
DS 2013-011 by Robert Fine
The
Commission voted 19 – 0 in favor, to approve the Accessibility and Swimming
Pool
TACs’ recommendation on the petition.
DS 2013-013 by Robert Lorenzo
The
Commission voted 18 – 0 in favor, to approve the Code Administration and
Special
Occupancy TACs’ recommendation on the petition.
Proposed Rulemaking Rule 61 G20-4.001, Procedures and
Accessibility Waiver Fees
Chairman
Browdy noted Section 553.512 (1) provides that the Commission shall establish
by rule a fee to be paid upon submitting a request for an Accessibility Code
waiver. The Commission voted to initiate rulemaking in October of 2010
to establish fees for waiver applications but the initiative was delayed due to
administrative and logistical issues associated with the Governor’s directive regarding
rulemaking and scheduling issues. FBC Executive Director Jim Richmond provided
the Commission with an overview of the issue regarding Rule 61G20-4.001,
Procedures, Accessibility Waiver Fees and staff’s recommendations going
forward. Jim reported that JAPC contacted staff to inform them that the rule is
yet to be implemented per statutory direction and noted that the Commission
should proceed with rule development. Jim noted that staff recommended the Commission
proceed with rulemaking for Rule 61G20-4.001, Procedures – Accessibility Waiver
Fees, by conducting a supplemental rule development workshop at the August 2013
meeting and a rule adoption hearing at the October 2013 meeting. In addition,
the issue of recommending a fee should be referred to the Accessibility TAC for
their evaluation and recommendation to the Commission. Following questions and
answers, public comment and Commission discussion, the Commission took action
as follows.
FBC Plenary Session
April 9, 2013
Page 13
Proposed Rulemaking Rule 61 G20-4.001, Procedures and
Accessibility Waiver Fees (cont):
In
response to JAPC comments and DBPR staff recommendations the Commission took
the following actions:
The
Commission voted unanimously, 18 – 0 in favor, to notice a supplemental rule
development
workshop for Rule 61G20-4.001, Procedures – Accessibility Waiver Fees, tasking
the Accessibility TAC with developing recommendations on a fee, and holding the
supplemental rule development workshop in August 2013 and a rule adoption
hearing in October
2013.
Binding
Interpretation #91:
The
Chair reported that at the February 2013 meeting staff reported that an appeal
of Binding Interpretation #91 (petition challenging interpretation) issued by
BOAF on the 2007 Florida Building Code, Building, Section 3109—Coastal
Construction Control Line (CCCL) requirements had been received by the
Commission with a request for a Petition for Formal Administrative Hearing. At
the April 2013 meeting Kyle Christopher (DBPR litigation counsel) presented a proposal
for resolution in the form of a Settlement Stipulation between Beachlen Development
Company, LLC and DBPR and the Florida Building Commission regarding DOAH Case
Nos. 13- 580 and 13-769. Following questions and answers, public comment and
Commission discussion, The Commission voted unanimously, 19 –
0 in favor, to adopt the settlement as set forth in the Settlement Stipulation
by entry of a final order of the Florida Building Commission adopting the
Settlement Stipulation regarding DOAH Case Nos. 13-580 and 13-769.
Committee Reports and
Recommendations:
Chairman Browdy requested TAC and POC chairs confine their reports
to a brief summary of any key recommendations, emphasizing any issues requiring
an action from the Commission. The Chair requested if the TAC/POC requires
Commission action, to frame the needed action in the form of a proposed motion.
This will ensure that the Commission understands exactly what the TAC/POC’s are
recommending, and the subsequent action requested of the Commission. The Chair
explained that the complete reports/minutes will be linked to the committees’
subsequent agendas for approval by the respective committees. Committee reports
are available at the following URL (linked to Commission’s April 9, 2013
Agenda):
http://www.floridabuilding.org/fbc/commission/FBC_1212/index.htm
FBC Plenary Session
April 9, 2013
Page 14
Committee Reports and
Recommendations (cont):
Accessibility TAC
Commissioner Gross presented the TAC’s report and any
recommendations. Motion enter to accept report, seconded voted unanimously, 18
– 0 in favor, to accept the TAC’s report
Building Code System Uniform Implementation
Evaluation Workgroup
Jeff Blair, Facilitator, presented the Workgroup’s report and any
recommendations
The Commission voted unanimously, 18 – 0 in favor, to accept the
Workgroup’s report
http://consensus.fsu.edu/FBC/BCSUIEWG.html )
Code Administration TAC
Commissioner Gonzalez presented the TAC’s report and any
recommendations.The Commission voted unanimously, 15 – 0 in favor, to accept
the TAC’s report.
Education POC
Commissioner Dean presented the POC’s reports and any
recommendations. The Commission voted
unanimously, 15 – 0 in favor, to accept the POC’s reports
Fire TAC
Commissioner
Bahadori presented the TAC’s report and any recommendations. The Commission
voted unanimously, 15 – 0 in favor, to accept the TAC’s report
Hurricane Research Advisory Committee
Mo
Madani, presented the HRAC’s report and any
recommendations. The Commission voted unanimously, 16 – 0 in favor, to accept
the Committee’s report
Hurricane
Research Advisory Committee
Product Approval POC
Commissioner
Stone presented the Committee’s report and any recommendations. The Commission
voted unanimously, 16 – 0 in favor, to accept the POC’s report
The
Commission also voted unanimously, 16 – 0 in favor, to approve proceeding with
the, Invitation to Negotiate (ITN) for administrative services for the Product
Approval System, and for Commissioner Stone to serve on the evaluation and
negotiation teams.
FBC Plenary Session
April 9, 2013
Page 15
Committee Reports and
Recommendations (cont):
Special Occupancy TAC
Commissioner
Hamrick presented the TAC’s report and any recommendations. The Commission voted unanimously, 17 – 0 in
favor, to accept the TAC’s report
Swimming Pool TAC
Mo
Madani, presented the TAC’s report and any
recommendations. The Commission voted
unanimously, 17 – 0 in favor, to accept the TAC’s report
Summary of Issues and Recommendations For
Inclusion in the Commission’s
2012-2013 annual report
Chairman
Browdy reported that from this point forward the Commission’s Annual Report
will be submitted at the end of June to correspond with the fiscal year and to
provide sufficient time for legislative issues to be vetted through the
Department’s review process. In order to meet this schedule the Chair tasked
Jeff Blair with preparing a Draft Summary of Issues and Recommendations for the
April 2013 meeting and a draft Report to the Legislature for approval at the
June 2013 meeting. Jeff Blair reviewed the issues and recommendations with the
Commission, and reported that the Annual Report provides an update on all key
Commission actions, assignments and initiatives taking place during the
reporting period of January 1, 2012 – June 30, 2013, as well as Commission
recommendations to the Florida Legislature. Jeff reported that going forward
the Annual Report will cover the fiscal year period of July 1 – June 30
annually. Jeff reviewed the format of the Report, key topics included in the
Report and three recommendations from the Building Code System Uniform Implementation Evaluation Workgroup. Following
questions and answers, public comment, the Commission had a discussion,
the Commission entered the following motions:
The
Commission voted unanimously, 17 – 0 in favor, to recommend to the Florida
Legislature that a definition of the term “local technical amendment” be added to Chapter 553.73, F.S., as
follows: “An action by a local governing authority that results in a technical
change to the Florida Building Code and its local enforcement.”
The
Commission voted unanimously, 17 – 0 in favor, to recommend to the Florida
Legislature that the Commission be granted statutory authority to interpret the
Florida Accessibility Code for Building Construction consistent with the
Commission’s ability to interpret all of the other sections of the Code.
FBC Plenary Session
April 9, 2013
Page 16
Summary of Issues and Recommendations For
Inclusion in the Commission’s
2012-2013 annual report (cont):
The
Commission voted unanimously, 17 – 0 in favor, that Chairman Browdy should
work
with DBPR staff to draft a letter to all of Florida’s city and county
attorneys, city and county managers and mayors regarding the statutory
requirements contained in Section 553.73 (4)(b)(5.),F.S., requiring any
amendment to the Florida Building Code: “shall be transmitted within 30 days
by the adopting local government to the commission. The commission shall
maintain copies of all such amendments in a format that is usable and
obtainable by the public. Local technical amendments shall not become effective
until 30 days after the amendment has been received and published by the
commission.”
The Commission voted unanimously, 17 – 0 in
favor, to adopt the Draft Summary of
Issues and Recommendations for inclusion in the
Commission’s 2012-2013 Annual Report.
There
were no additional Commission actions.
Public Comment:
Commission’s substantive discussion agenda items. In addition, Chairman Browdy invited members of the public
to address the Commission on any issues under the Commission’s purview.
Jack
Glenn (FHBA): requested that the Commission agenda be posted earlier in the
future to provide adequate time for making meeting plans and reservations.
Dick
Wilhelm (AAMA): requested that drinking water be provided in the room for
meetings.
Jack
Glenn (FHBA): a bill is proposed to clarify issue regarding duct testing.
FBC Plenary Session
April 9, 2013
Page 17
Commissioner Comment:
Commissioner Calleja: when there is a conflict
between the Code and statutory requirements building officials sometimes try to
enforce the Code, when the statutory requirements should prevail.
Response: the
Glitch process is to correct a conflict between the Code and legislation by making
the Code consistent with legislation (statutory requirements).
Commissioner
Tolbert stated if this occurs
the local appeals process can be used.
Commissioner
Calleja: a letter should be
sent by the Commission to local building departments informing them that
statutory requirements prevail over Code requirements, and the Glitch process
provides a mechanism to revise the Code to correlate with statutory
requirements.
There was no further business,.
Adjournment:
The
Chair thanked Commission members and the public for their attendance and
participation, and adjourned the meeting at 11:30 AM on Tuesday, April 9, 2013
following a unanimous vote of 18 – 0 in favor of adjournment.