FLORIDA BUILDING
COMMISSION
Chairman TAC and Plenary
Session
Gaylord Palms
6000 West Osceola
Parkway
Kissimmee, Florida 34746
Plenary Session
October 18, 2013
8:30 AM
COMMISSIONERS PRESENT:
Dick Browdy, Chairman Jeffrey
Gross
Hamid Bahadori Brian
Langille
Steve Bassett Beth
Meyer
James Batts Darrell
Phillips
Bob Boyer Bradley W. Schiffer
Donald Brown James
Schock
Oscar Calleja Frederick
Schilling
Jay Carlson Drew Smith
David Compton Jeff
Stone
Nan Dean Brian
Swope
Charles Frank Tim
Tolbert
Thomas Franz
COMMISSIONERS
NOT PRESENT:
Kevin Flanagan Herminio
Gonzalez
Robert Hamberger
OTHERS PRESENT:
.
Jim Richmond Chris
Burgwald
Mo Madani April
Hammonds
Jim
Hammers Ann
Stanton
Ila Jones
MEETING
FACILITATION:
The meeting was
facilitated by Jeff Blair from the FCRC Consensus Center at Florida State
University. Information at: http://consensus.fsu.edu/
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Plenary Session
October
18, 2013
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Welcome:
Time: 8:30 am
Chairman
Browdy welcomed Commissioners, staff, and members of the public to Kissimmee
and the October 18, 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 October meeting is to conduct an orientation sessions for
our new Commissioners, to proceed with rule development on the Product Approval
and Education rules, and to decide on Commission funding of research projects.
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 (actions that are not
procedural or ministerial in content). 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.
The
Chairman noted that there were buff colored “Public Comment Forms” on the speakers’
table that can be used to provide written comments and all written comments
will be included in the Facilitator’s Summary Report. Please give your
completed “Public Comment Forms” to Jeff Blair.
Chairman Browdy noted that there
are some of the licensing boards located
within the Department of Business and Professional Regulation 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.
Florida
Building Commission Appointments:
Chairman Browdy announced that the Governor had made seven new
appointments to the Commission.
Steve Bassett has been appointed to represent Mechanical Engineers, and
replaces Rafael Palacios. Steve is from Plantation and is as self-employed
mechanical engineering consultant. His term runs from August 27, 2013 to
December 8, 2017. Welcome back to Steve and thanks to Rafael for his dedicated
and outstanding service.
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Plenary Session
October
18, 2013
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3
Florida
Building Commission Appointments (cont.):
Jay Carlson has been appointed to represent General Contractors, and
replaces John Scherer. Jay is from Port Charlotte and is the owner of Carlson
and Soforth. His term runs from August 27, 2013 to February 11, 2017. Welcome
to Jay and thanks to John for his dedicated and outstanding service.
Thomas Franz has been appointed to represent Residential Contractors, and
fills a vacant position. Thomas is from Melbourne and is the president of Franz
Constructions Services, LLC. His term runs from August 27, 2013 to January 21,
2015. Welcome to Thomas.
Robert Hamberger has been appointed to represent Code Officials, and
replaces Dale Greiner. Robert is from Pompano Beach and is the chief building
official for Broward County Schools. His term runs from August 27, 2013 to
January 9, 2017. Welcome to Robert and thanks to Dale for his dedicated and
outstanding service.
Brian Langille has been appointed to represent the Natural Gas Distribution System industry, and fills a new position created by the 2013
Legislature. Brian is from Clearwater and is the operations manager for the
City of Clearwater. His term runs from August 27, 2013 to June 30, 2015.
Welcome to Brian.
Darrell Phillips has been appointed to represent Public Education, and replaces Jon Hamrick. Darrell is from Tallahassee and is the
construction planning and design manager for the Department of Education. His
term runs from August 27, 2013 to November 21, 2017. Welcome to Darrell and
thanks to Jon for his dedicated and outstanding service.
Frederick Schilling has been
appointed to represent Plumbing
Contractors, and replaces Randall
Vann who resigned some time ago. Frederick is from Boca Raton and is the CEO
and master plumber of Pipeline Plumbing Services of Broward County. His term
runs from August 27, 2013 to January 31, 2015. Welcome to Frederick and thanks
to Randall for his dedicated and outstanding service.
The Governor has also reappointed the following Commissioner:
Hamid
Bahadori has been reappointed to represent Fire Protection
Technologists. Hamid is from Lake Mary and is the principal
engineer at Hughes Associates Inc. We are pleased that Hamid has been
reappointed for an additional term running from August 27, 2013 to February 7,
2017.
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Plenary Session
October
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Roll
Call:
Chairman Browdy performed roll
call, a quorum was met with 23 members present.
Chairman Browdy requested that Jeff Blair cover the agenda items
for the meeting today.
Jeff Blair
welcomed participants to the August Plenary Session and introduced the agenda
as follows:
·
To
Consider Regular Procedural Issues: Agenda Approval and Approval of the August
22 - 23, 2013 Facilitator’s Summary Report and Meeting Minutes.
·
To
Review Committee Assignments and Issues for the Next Meeting—December 12 - 13,
2013 in St. Pete Beach, Florida.
Chairman Browdy requested a Motion to approve
the October 18, 2013 agenda as presented.
A motion was entered by Commissioner Boyer and seconded by Commissioner
Schock, the motion passed unanimously.
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October
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Approval of the August 22-23, 2013
Facilitator’s Summary Report and Meeting Minutes:
Commissioner Brown entered a Motion
to approve the August 22-23, 2013 Facilitator’s Summary Report and Meeting
Minutes as presented. Commissioner Batts
seconded the Motion. The Motion passed
unanimously.
Chairman’s
Discussion Issues and Recommendations:
Chairman Browdy provided
background of TACs and POCs. He stated a
TAC is an acronym for Technical Advisory Committee and a POC is an acronym for
Program Oversight Committee.
Chairman Browdy stated TAC/POC membership is an
important responsibility generally and especially so for Commissioners. They serve in the vital capacity of linking
the Commission with its technical committees during both the conduct of
committee meetings and when the Commission meets in full reinforcing the
necessary dialogue to effectively discharge our duties. Chairman Browdy stated
that because the Commission has evolved over the years at one time the TACs and
POCs met in person, prior to the meeting.
He further stated that due to financial constraints and other issues
have forced these meetings to be held telephonically. Chairman Browdy stated this has made it a
little more difficult in many ways, but has offered better participation. He advised how important it is to be present
on the TAC/POC meetings as the Commission relies on the information from those
meetings to make decision at the Commission meetings. Chairman Browdy then announced the following
new POC/TAC appointments:
TAC Chair Appointments
Electrical TAC
Chair
Kevin Flanagan is appointed to replace John Scherer as chair of the
Electrical TAC. Thanks to Commissioner Flanagan for agreeing to serve as chair
and to John for his dedicated/outstanding service.
Energy TAC Chair
Drew Smith is appointed to replace Dale Greiner as chair of the Energy
TAC. Thanks to Commissioner Smith for agreeing to serve as chair and to Dale
for his dedicated/outstanding service.
Mechanical TAC
Chair
Steve Bassett is appointed to replace Rafael Palacios as chair of the
Mechanical TAC. Thanks to Commissioner Bassett for agreeing to serve as chair
and to Rafael for his dedicated/outstanding service.
Special
Occupancy TAC Chair
Darrell
Phillips is appointed to replace Jon Hamrick as chair of the Special Occupancy
TAC. Thanks to Commissioner Phillips for agreeing to serve as chair and to Jon
for his dedicated/outstanding service.
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October
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Chairman’s
Discussion Issues and Recommendations (cont.):
Appointments
to Commission – POCs/TACs
Accessibility TAC
Frederick
Schilling is appointed to fill a vacant seat on the Accessibility TAC. Chairman
Browdy thanked Commissioner Schilling for agreeing to serve.
Code Administration TAC
Jay
Carlson is appointed to replace John Scherer on the Code Administration TAC. Chairman
Browdy thanked Commissioner Carlson for agreeing to serve and to John for his dedicated/outstanding
service.
Don
Brown is appointed to fill a vacant seat on the Code Administration TAC. Chairman Browdy thanked Commissioner Brown for
agreeing to serve.
Education POC
Brian
Langille is appointed to replace Ken Gregory on the Education POC. Chairman
Browdy thanked Commissioner Langille for agreeing to serve and to Ken for his
dedicated/outstanding service.
Darrell
Phillips is appointed to replace Jon Hamrick on the Education POC Chairman
Browdy thanked Commissioner Phillips for agreeing to serve and to Jon for his
dedicated/outstanding service.
Electrical TAC
Steve
Bassett is appointed to fill a vacant seat on the Electrical TAC created by
Kevin Flanagan assuming the role of chair. Chairman Browdy thanked Commissioner
Bassett for agreeing to serve.
Energy TAC
Oscar
Calleja is appointed to replace Rafael Palacios on the Energy TAC. Chairman
Browdy thanked Commissioner Calleja for agreeing to serve and to Rafael for his
dedicated/outstanding service.
Fire TAC
Robert
Hamberger is appointed to replace Jon Hamrick on the Fire TAC. Chairman Browdy
thanked Commissioner Hamberger for agreeing to serve and to Jon for his
dedicated/outstanding service.
Plumbing TAC
Brian
Langille is appointed to replace Ken Gregory on the Plumbing TAC. Chairman
Browdy thanked Commissioner Langille for agreeing to serve and to Ken for his
dedicated/outstanding service.
Frederick
Schilling is appointed to fill a vacant seat on the Plumbing TAC. Chairman
Browdy thanked Commissioner Schilling for agreeing to serve.
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Plenary Session
October
18, 2013
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Chairman’s
Discussion Issues and Recommendations (cont.):
Appointments to
Commission – POCs/TACs
(cont.)
Product Approval POC
Jay
Carlson is appointed to replace John Scherer on the Product Approval POC. Chairman
Browdy thanked Commissioner Carlson for agreeing to serve and to John for his
dedicated/outstanding service.
David
Compton is appointed to the Product Approval POC to fill a vacant seat. Chairman
Browdy thanked Commissioner Compton for agreeing to serve.
Special Occupancy TAC
Hubert
Baxter is appointed to replace Scott Cannard on the Special Occupancy TAC. Chairman
Browdy thanked Mr. Baxter for agreeing to serve and to Mr. Cannard for his
dedicated/outstanding service.
Structural TAC
David
Compton is appointed to the Structural TAC to fill a vacant seat. Chairman
Browdy thanked Commissioner Compton for agreeing to serve.
Swimming Pool TAC
James
Batts is appointed to replace Dale Greiner on the Swimming Pool TAC. Chairman
Browdy thanked Commissioner Batts for agreeing to serve and to Dale for his
dedicated/outstanding service.
Commissioner Appreciation:
Resolutions: Commissioners Greiner,
Palacios and Scherer:
Chairman Browdy stated that on
behalf of the Florida Building Commission it was his honor to offer for the Commission’s
consideration a Resolution of Appreciation to the following Commissioners for
their outstanding service to the State of Florida. Chairman Browdy read the resolutions.
Dale
Greiner: Dale represented Code Officials and has served from March 6, 2002 –
August 27, 2013. Dale chaired the Energy TAC, served on the Swimming Pool TAC,
and served on countless workgroups and ad hoc committees. On behalf of the Commission
thank you Dale for your 11.5 years of service to the citizens of Florida. A
motion was entered by Commissioner Stone to adopt the Resolution for
Commissioner Greiner, Commissioner Calleja seconded the motion and it passed
unanimously.
Rafael
Palacios: Rafael represented Mechanical Engineers and served from November 5,
2008 - August 27, 2013. Rafael chaired the Mechanical TAC. On behalf of the Commission
thank you Rafael for your 4 -1/2 years of service to the citizens of Florida.
FBC Plenary Session
October
18, 2013
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Commissioner Appreciation:
Resolutions: Commissioners Greiner,
Palacios and Scherer:
John
Scherer: John represented General Contractors and served from June 11, 2009 –
August 27, 2013. John chaired the Electrical TAC, served on the Product
Approval POC. On behalf of the Commission thank you John for your 4 years of
service to the citizens of Florida.
A
motion was entered by Commissioner to adopt the Resolution for Commissioner
Palacios and Commissioner Boyer, Commission Calleja seconded the motion and it
passed unanimously.
Resolution of Appreciation for Retiring Staff Person Ann Stanton:
Chairman
Browdy addressed the Commissioners, announcing Ann Stanton our resident energy
expert is retiring after 32 years of outstanding service to the citizens of
Florida. Ann Stanton is a senior staff person who has been with the Building
Codes and Standards Office since inception and with the Commission since our
inception in 1998. Since the creation of
the State Energy Code, Ann has been the lead staff responsible for the Code’s
development and maintenance, as well as for providing technical assistance on
the Energy Code to consumers and interest groups. With Ann’s leadership and commitment, Florida
through adoption of the statewide Florida Energy Code, has successfully managed
one of the most comprehensive and energy efficient codes in the Nation,
consistently receiving high marks from the U.S. Department of Energy and in
National code studies. On behalf of the
Commission thank you Ann for your hard work and 32 years of outstanding service
to the citizens of Florida. Chairman
Browdy stated Ann you will be missed.
Mo
Madani addressed the Commission on Ann’s valuable contributions and dedication
to staff and the Energy Code. He stated
he had worked with her over three decades it has been a rewarding experience
working with her and she will be greatly missed. He stated he also feels she is a great friend
and hopes to continue her friendship after her departure.
Chairman
Browdy then read and presented a resolution of appreciation to Ann. A motion was entered by Commissioner Calleja and seconded by Commissioner Boyer, the motion
passed unanimously.
Ann
thanked everyone for the kind words, and expressed her appreciation for the
recognition. Ann stated she only wished
more people would become passionate on the Energy Code.
Commissioner Orientation:
Chairman Browdy stated in recognition of the fact that the
Commission has recently received 10 new Commissioners and another 7 were appointed
within the last year, the Commission will be conducting a session to orient our
new Commissioners and to refresh our veterans.
He further stated the Commission (DBPR) staff will review legal and
procedural issues including travel,
travel reimbursement, ethics and the Sunshine Law with the Commission.
Jeff Blair will review the purpose of the various types of committees,
procedural issues and the consensus-building process
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October
18, 2013
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Commissioner Orientation (cont.):
Mo
Madani reviewed the Committees and the functions of each. In addition, he provided Codes and Standards
Office Organization and staff introductions and their responsibilities in the
office. Mr. Madani explained the meeting
process of the Commission and the Code updates and time frame used to update
the code when required by law. He
provided an update on the current Code update and projected publication date.
Jim
Richmond provided information to the Commission regarding changes in the
Commission and the responsibilities of each.
Jim provided background of the Commission’s move from DCA to DBPR. He noted there has been excellent support for
the Commission from DBPR including from Secretary Lawson, and his staff as well
as the legislative support staff. Mr.
Richmond provided introduction information for BCIS website. He advised that William Marshall would
provide them with further information on the site and how it functions.
William
Marshall from ISF addressed the Commission stating the main goal of his unit is
to keep the website up and running properly.
He then guided the Commissioners to the website demonstrating the new
slide show providing the purpose; he then showed the calendar listed below the
slide show which will allow the user to select dates of upcoming events. Mr. Marshall stated that by clicking the
event, it will allow you to see the details including an agenda with time and
call in information or travel information.
Jim Richmond expanded
on the BCIS and the value it has brought to the Commission. Mr. Richmond stated that we have great
support through the General Counsel’s Office.
He stated that we are now being served by Ms. Hammonds who has really
worked hard in learning the process and has done a great job as well as
interfacing with the General Counsel’s Office for program implementation.
Mr. Richmond
proceeded with information for the new Commissioners on the processing of
travel, being under a large organization, he stated there are many expenses
that are covered for re-imbursement. He
stated there is a document available and he will send a link for members to
review. Jim covered the basics of travel
including per diem, food reimbursement, mileage, car rentals and providing
information correctly to the staff for proper processing.
April Hammonds, Esq.
provided the Commissioners with legal information regarding Ethics, the Sunshine
Law and other legal issues. Ms. Hammonds
quoted statutory citations for each aspect of legal requirements of public
office or public employees. She also
provided information on filing financial disclosures and penalties for not
filing.
Ms. Hammonds advised
the Commissioners that an individual has been threating litigation,
she advised this caller is stating he is an attorney, however, he is not. She advised that should they receive a call
from an attorney, they should send the call to her. Ms. Hammonds stated this caller has made
threatening statements and they should not speak with him should he call, she
advised his name is Prescott Lovern of R & L Associates, Law. She stated he is not an attorney, should they
receive a call from Mr. Lovern, please send the calls to her, do not speak with
him.
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October
18, 2013
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Commissioner Orientation (cont.):
Chairman Browdy addressed the
Commissioners stating that April is available, should they have questions, do
not second guess, but contact her for support.
He then turned the floor to Jeff Blair.
Jeff Blair introduced
himself and provided information to the new Commissioners on his role with the
group. He stated he had sent an e-mail
to members with the Commission’s Milestones document as well as the Commission’s
Adopted Procedural Policies and Guidelines that will outline in more detail the
information provided today. Jeff then
gave background details of the Commission’s procedures and purpose. He advised how the Governor’s Building Code
Study Commission made up of 28 members who met for two years concluded in 1996
with a recommendation for a single statewide building code with an entity
called the Florida Building Commission to implement and maintain the Florida
Building Code System. Mr. Blair concluded
his review of the Commission’s development and history noting that starting in
1998 the Commission convened and met monthly until progress was sufficient to
shift the from meeting every six weeks to finally every two months.
Mr. Blair stated that
now there are eleven balanced technical advisory committees (TACs) and two
program oversight committees (POCs). He
stated one important component of the Commission and member’s representations,
is that they are appointed not to represent themselves, not their businesses,
but they represent their larger constituent stakeholder groups. Each member has a responsibility to represent,
their interest groups such as, engineers, architects, plumbers, electricians,
state agencies, insurance industry, gas industry, building code officials,
etc. Jeff stated each member has a responsibility
to think about their decisions and the context of not how it may impact not
them individually, but how it affects their industry as a whole. He stated in addition to the 25 members, the
Commission has the Governor’s Chair expressly appointed for the role by the
Governor. The Chair does not represent any
particular interest, the Chair represents a neutral
body responsible for the fair functioning of meetings and providing important
policy guidance to the Commission. Jeff
explained, this is an important distinction since the chair role is an
appointed and not an elected position.
Mr. Blair explained
the Commission’s consensus-building process as fundamental to the function of
the Commission. Jeff noted that
stakeholder participants is valued and the public has multiple opportunities to
provide comments before the Commission takes any substantive actions.. He stated the Commission strives to achieve
if possible 100% consensus where possible.
All Commission decisions require at least 75% in favor for approval,
which requires working together to achieve this high threshold for approval. The exception to the 75% consensus is some of
the quasi licensing process such as petitions for declaratory statements,
product approvals and accessibility waiver requests require only 51% in favor
for approval since they pertain to more legal type processes. All Commission policy and substantive
decisions require a 75% or greater level of support and this holds true for the
Commission, the Commission’s TACs, POCs, Workgroups and adhoc committees formed
by the Commission. This requirement is
in the relevant statutes and rules.
Mr. Blair advised the
Commission regarding the various documents available for them to look at and
review that will provide history and the processes of the Commission since their
inception in 1998.
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October
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Commissioner Orientation (cont.):
Mr. Blair stated that he does provide a
Facilitator Summary Report along with the minutes of the meetings for the
Commissioners. He advised annually he
works with staff to draft the annual report to the Legislature and Governor. He stated currently the report is on a fiscal
year cycle for reporting. This means the
Commission, will receive a summary of issues for inclusion in the Annual Report
at the April meeting and a draft report for their approval at the June meeting.
Chairman Browdy asked if there
were any questions from the Commissioners or if there was any additional
information from staff.
April Hammonds, Esq. advised that
the Commission does use a hybrid form of Roberts Rules, there is a statute that
provides there should be public comment on every issue that is heard before the
Commission, however, in the rules it does state that the Commission and all
Committees use Roberts Rules of Order to make approve motions except where
provided in subsection 11 which is in regards to declaratory statements the
Commission must follow Chapter 120, F.S. and 28 Florida Administrative Code
where it states only a majority of the Commissioners, the other exception is
that in all matters we do require 75% super majority. This is what is called a hybrid of the
Rules. She stated she just wanted to
make the clarification. Ms. Hammonds
stated there is one special rule that states that as a Commission, the only
motions that you can make are motions to approve and then as Commissioners you
can vote them down by rule that states that you may not make motions to deny,
this is something that you decide later to look at changing, that is fine, but
currently you must follow the rules as they are written now.
Chairman Browdy asked if there
were any questions from the Commissioners.
There being no questions, the Chairman moved to agenda item number 6,
starting with the report from April on the Certification update with the
Federal Government.
Accessibility
Code Certification Update:
April Hammonds, Esq. advised that
she had good news on the Certification update.
She stated on September 30th, she spoke with the two
attorneys, Jonathan Hahm and Naomi Milton with the Department of Justice
regarding the Certification process, she stated we are almost in the last
stages of certification where the attorneys complete their review. April stated there was one clarifying question
which was simply formatting in nature; they had no issue with the answer to
that. She said the next step will the
Attorney’s will consult with the Access Board, and then we will be issued our
preliminary certification. The final
step will be when the preliminary certification is issued, the Department of
Justice will come to the state and complete a ceremony with the Governor and
the public officials involved for a non-controversial public relations
opportunity to present us with the official certification. April stated the letter was September 30th
just prior to the Government shut down, so she is not sure exactly when this
will take place.
Chairman Browdy thanked Ms.
Hammonds and asked if there were any questions from the Commissioners on the
Accessibility Code Certification.
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October
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Accessibility
Code Certification Update (cont.):
Commissioner Gross asked if it
were the case that we in the State of Florida are the first state that will be
GOJ certified. Ms. Hammonds advised at
this time she is not sure, there have been a lot of numerous applications;
however, she hopes that we will be the first one finalized.
Chairman Browdy asked
Commissioner Gross if he had any additional comments.
Commissioner Gross expressed
thanks to the staff for the great job, which is shown by the fact that there
were very few comments.
Accessibility
Waiver Applications:
Chairman Browdy stated the
Commission will now consider this month’s requests for accessibility waivers.
April Hammonds will serve as legal counsel and present the Accessibility Advisory
Council’s recommendations. April please
present the Councils’ recommendations regarding waiver requests in turn.
April Hammonds, Esq. advised that
there was not a quorum for the Accessibility Council Meeting. There were three members present; therefore
today you will review the individual recommendations from the Council Members.
Taft
Hotel, 1040 Washington Street, Miami Beach
Council Recommended granting for
technical infeasibility.
Commissioner
Gross entered motion to grant, Commissioner Schock seconded the motion.
The
motion passed unanimously including Chairman.
The Alamo Hotel, 4121 Indian Creek, Miami Beach
Council Recommended deferring as
there was an issue with receiving the application.
Commissioner
Gross entered motion to defer, Commissioner Meyer seconded the motion.
The
motion passed unanimously including Chairman.
Volunteer
Support Center, 12200 Translation Way, Orlando
Council Recommended granting for
disproportionate cost.
Ken
Strong, Architect for the company was present, he stated he is the Architect of
record
and
was available for questions.
Commissioner
Gross entered motion to grant, Commissioner Schiffer seconded the motion.
The
motion passed unanimously including Chairman.
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October
18, 2013
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Accessibility
Waiver Applications (cont):
Christmas
Etc., 1201 Allendale Road, West Palm Beach
Council Recommended granting conditioned
on installation of a lift within 3 years.
Commissioner Schiffer requested to know
if there were drawing presented on the call.
Commissioner Meyer responded, stated
they were not able to view drawings, she stated that they are going to make the
space accessible and were very committed.
Chairman Browdy stated that he was also
on the call and this was a financial hardship issue and not the unwillingness
to comply.
Commissioner Compton asked if there were
penalties should the company not comply within the three years.
April Hammonds, Esq. advised no there
are no penalties only local enforcement.
Chairman Browdy stated the waiver is
good for three years from the date of the waiver granting.
Commissioner Gross entered motion to
grant conditioned on installation of a lift within three years, Commissioner
Smith seconded the motion. The motion
passed unanimously including Chairman.
South
Beach 18 LLC, 235 18 Street, Miami Beach
Council Recommended deferring and
recommend the project designer participate in the next Council meeting.
Commissioner Gross entered motion to
defer, Commissioner Schock seconded the motion.
The motion passed unanimously including Chairman.
Freshaveli 20 N. E.41 St #3, Miami
Council Recommended denial
April Hammonds, Esq. provided
background and facts on the waiver request.
Manuel Soto, Managing Director
of Freshaveli, Inc. provided further information on the waiver request, due to
extreme cost of $40,000, actually more to add installation costs, they are
renting this property. By adding the
lift it would also affect the business below.
Mr. Soto stated that because they host a barber chair, they were forced
to use the business title of Barber Shop.
Mr. Soto advised they are a personal styling service by appointment only
as a personal stylist. Most of the
upstairs space is used for storage. He
said they do notify their clients they are located on a second floor
building.
Commissioner Gross asked if a
disabled person requested their service they would have to go to their
residence.
FBC Plenary Session
October
18, 2013
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Accessibility
Waiver Applications (cont):
Mr. Soto stated yes, they would
set up a personal appointment to meet with the client to detail their
services. Chris identified himself as
the barber/stylist and owner; he stated he has a lot of clients that are
paraplegics, mental handicapped and all walks of life. He stated there is a large cliental and he
does not discriminate against anyone.
Mr. Soto wanted to clear up the issue of not offering services to
clients. He stated again, it is the
costs of the process and the effect on the businesses below them.
April Hammonds, Esq. needed
clarification of who owned building.
Mr. Soto stated he does not own
the building, he owns the business.
Commissioner Schock asked if the
owner has done any renovations to the building in the last three years. He then asked if once inside the building it
is accessible.
Mr. Soto stated yes other than
the restroom.
Chairman Browdy stated that the
restroom would need to be in compliance.
Commissioner Schock entered a
motion to accept the waiver on the accessibility, complying with the need for
restroom accessibility. He stated he did
not feel the tenant should be held responsible for the building owner’s second
floor entry. Commissioner Boyer seconded
the motion.
Commissioner Meyer asked Mr.
Soto if their advertising and web pages alert potential customers of the fact
that they do not have vertical accessibility at their location. She stated that all communications should include
this information.
Mr. Soto stated they currently
only have a phone number with no physical location listed.
The motion passed unanimously
with the Chairman.
Chairman Browdy advised they
would receive notice of action within 30 to 60 days.
Commissioner Gross spoke on the
fact that a quorum was not met which could have detailed the information with
better outcome. He asked if staff could
find out how many absences from the meetings and if there is a way to remove if
they are not able to serve.
Jim Richmond did advise yes and
staff would take a look at the process and the last year’s meetings. He stated that there is a process to follow
for these actions, but the research would need to be completed and those members
contacted to see why they were not in attendance.
FBC Plenary Session
October
18, 2013
Page
15
Consideration
of Applications for Product and Entity Approval:
Chairman Browdy requested that
Commissioner Stone report on the POC’s recommendation for entity approval and
consent agenda for products recommended for approval. He stated Jeff Blair will present the POC’s
recommendation for product approvals with discussion and or comments. Chairman Browdy stated they will start with
consent agenda for products recommended for approval and conclude with
discussion items.
Commissioner Stone stated the
POC met via conference call Thursday, October 3rd and a quorum was
established. He stated the Product
Oversight Committee unanimously recommended approved of the 101 products on the
consent agenda as posted.
Commissioner Stone entered a
motion to approve the recommendation of the POC on the consent agenda, motion
was seconded by Commissioner Dean. The
motion passed unanimously.
Commissioner Stone stated the
Program Oversight Committee also recommends approval of the 10 entities as
posted on the consent agenda.
Commissioner Stone entered a
motion to approve the 10 entities on the consent agenda, motion was seconded by
Commissioner Dean. The motion passed
unanimously.
Commission Stone stated the
Committee also discussed and had recommendations on 10 products involving
testimony and discussion. He stated Jeff
Blair will guide the Commission through the list.
Jeff Blair will introduce the products up for discussion:
8700-R-2: Recommendation from the POC is to recommend
conditional approval.
Commissioner Stone entered
motion for conditional approval, motion seconded by Commissioner Dean. The motion passed unanimously.
16398: Recommendation from the POC for deferral to
allow further testing.
Commissioner Stone entered
motion for deferral, motion seconded by Commissioner Dean. The motion passed unanimously.
16470: Recommendation from the POC for conditional
approval.
Commissioner Stone entered
motion for conditional approval, motion seconded by Commissioner Dean. The motion passed unanimously.
Jeff Blair then introduced the seven products that
received public comment:
16128-R-1: Recommendation from
the POC for conditional approval.
Commissioner Stone entered
motion for conditional approval, motion seconded by Commissioner Dean. The motion passed unanimously.
FBC Plenary Session
October
18, 2013
Page
16
Consideration
of Applications for Product and Entity Approval (cont.):
Jeff Blair then introduced the seven products that
received public comment (cont.):
16404: Recommendation from the POC for conditional
approval.
Commissioner Stone entered
motion for conditional approval, motion seconded by Commissioner Dean. The motion passed unanimously.
16457: Recommendation from the POC for conditional
approval.
Commissioner Stone entered
motion for conditional approval, motion seconded by Commissioner Dean. The motion passed unanimously.
16458: Recommendation from the
POC for conditional approval.
Commissioner Stone entered
motion for conditional approval, motion seconded by Commissioner Dean. The motion passed unanimously.
16464: Recommendation from the POC for conditional
approval.
Commissioner Stone entered
motion for conditional approval, motion seconded by Commissioner Dean. The motion passed unanimously.
16465: Recommendation from the POC for approval.
Commissioner Stone entered
motion for approval, motion seconded by Commissioner Dean. The motion passed unanimously.
16466: Recommendation from the POC for approval.
Commissioner Stone entered
motion for approval, motion seconded by Commissioner Dean. The motion passed unanimously.
Consider Applications for Accreditor and Course Approval:
Chairman Browdy requested that
Commissioner Dean present the Education POC’s recommendation for accreditor and
course approvals.
Commissioner Dean provided the
following from the Education POC stating there were no accreditor approvals and
six course approvals:
603.0: The Education POC recommended approval based
on the FBC accreditation process.
Commissioner Dean entered a
motion to approve, motion seconded by Commissioner Brown. The motion passed unanimously.
616.0: The Education POC recommended conditional
approval.
Commissioner Dean entered a
motion for conditional approval, motion seconded by Commissioner Boyer. The motion passed unanimously.
FBC Plenary Session
October
18, 2013
Page
17
Consider Applications for Accreditor and Course Approval
(cont.):
612.0: The Education POC recommended conditional
approval.
Commissioner Dean entered a
motion for conditional approval, motion seconded by Commissioner Batts. The motion passed unanimously.
621.0: The Education POC recommended deferral as
course is based on 2104 5th Edition.
Commissioner Dean entered a
motion for deferral, motion seconded by Commissioner Batts. The motion passed unanimously.
622.0: The Education POC recommended approval based
on the FBC accreditation process.
Commissioner Dean entered a
motion for approval, motion seconded by Commissioner Boyer. The motion passed unanimously.
620.0: The Education POC recommended approval based
on the FBC accreditation process.
Commissioner Dean entered a
motion for approval, motion seconded by Commissioner Batts. The motion passed unanimously.
Consideration of Legal and Legislative Issues: Legal
Report
Chairman Browdy requested April
Hammonds provide any legal or legislative issues.
April Hammonds, Esq. advised there
are no legal or legislative issues in addition to what has already been
discussed in the meeting.
Commissioner Gross stated that
usually in October we start formulating our issues to the Commission for
presentation to the legislature and he stated twice the Commission voted to ask
for the right to make interpretations of accessibility items. Jeff Blair advised since we have gone to the
fiscal year we will complete this at the April 2014 meeting. Jim Richmond stated that it was approved the
first time and Florida AIA was going to pursue, however they did not, it was
submitted. Jim stated this is not new,
and further explained the process.
Commissioner Gross questioned if the Commission made a formal request
for this? Jim explained this has been
submitted through the general process. He
provided further background.
Chairman Browdy provided
background from the last session and the issues that were addressed.
Jeff Blair stated this issue would
have to be addressed at the next legislative session.
FBC Plenary Session
October
18, 2013
Page
18
Petitions for Declaratory
Statements:
Chairman
Browdy asked that legal counsel present the declaratory statements.
April
Hammonds, Esq. presented the following declaratory statements for action.
DS
2013-046 by Sal Delfino of Peterson Aluminum
Corp.
Deferred from the August
meeting—Petitioner has requested further deferral to provide additional time to
amend the petition.
Product Approval POC
recommendation was to defer.
Commissioner Stone entered
motion to defer; motion was seconded by Commissioner Boyer. The motion passed unanimously.
DS
2013-065 by Allen Gezelman
Mechanical TAC recommended
denial of this petition due to lack of information.
Commissioner Calleja entered
motion to deny, motion was seconded by Commissioner Boyer. Commissioner Schock asked for clarification
of denial vs. dismissal. The motion
passed unanimously.
DS
2013-068 by
Michael Goolsby of Miami-Dade County Department of Regulatory and Economic
Resources
Code
Administration TAC recommended answering the questions. Ms. Hammonds expanded on the posture of
answering the questions and circumstances presented to the Commission.
Ms.
Hammonds advised the Commission that it is her legal advice as legal counsel
this is not in its current state an answerable petition.
Jamie
Gaskin on behalf of Miami-Dade County on behalf of Mike Goolsby supporting the
TAC recommendation and expanded on the reasoning of questions per declaratory
statement request.
Commissioner
Schiffer entered a motion to support legal counsel’s advice to dismiss the
petition the motion was seconded by Commissioner Gross. The motion passed unanimously.
FBC Plenary Session
October
18, 2013
Page
19
Petitions for Declaratory Statements
(cont.):
DS
2013-075 by Joshua Coberley of EFCO Corporation
Product Approval POC
recommendation was to
Commissioner Stone entered
motion to approve the revised response; motion was seconded by Commissioner
Gross. The motion passed unanimously.
Commission Funded Research:
Chairman
Browdy explained that the
Commission has been funding hurricane resistance research based on
legislatively approved spending authority since the formation of the
Commission’s Hurricane Research Advisory Committee in January of 2005. At the June 2013 meeting the Commission
discussed whether to continue funding only hurricane resistance research, or
whether to expand the funding of research into other Code related topical
areas, and subsequently voted to expand research projects considered for
Commission funding based on project recommendations from the Commission’s TACs
and POCs. At the Thursday, October 17, 2013 meeting the TAC/POC chairs met for
the second time and considered and decided on whether the proposed projects met
the definition of “research” and/or “technical enrichment”, and decided that
each met the requirements, and recommended them for approval by the Commission
for funding. The TAC Chairs’ voted unanimously to recommend that the 6 proposed
projects evaluated meet the definition of “research” and/or “technical
enrichment”, and to recommend the Commission approve them for funding based on
the funding estimates provided and the University of Florida (Engineering
School for Sustainable Infrastructure and Environment) administering and
overseeing the research, and to charge staff with negotiating contracting as
appropriate.
Discussion
followed among the Commissioners with public comment.
Commissioner
Stone entered a motion that
the 6 proposed projects evaluated meet the definition of “research” and/or
“technical enrichment”, and are approved for funding based on the funding estimates
provided and the University of Florida’s Engineering School for Sustainable
Infrastructure and Environment administering and overseeing the research, and
to charge staff with negotiating contracting as appropriate. The motion was seconded by Commissioner
Schock. The motion passed with a 22 to 0
vote with Commissioner Bahadori abstaining.
FBC Plenary Session
October
18, 2013
Page
20
Update
on Product Approval Administrator RFP: Update
on Product Approval RFP
Chairman Browdy
explained that the Product Approval POC recommended and the Commission approved
proceeding with a Request for Proposals (RFP) to serve as the Product Approval
System Administrator for the contract period, beginning January 1, 2014. Chairman
Browdy noted there were no responses to the RFP, and the Commission needed to
decide how to proceed regarding administration of the Product Approval System
beginning January 1, 2014. The Product
Approval POC discussed the issue and provided recommendations for the
Commission for proceeding forward. The POC recommended the Commission charge
DBPR staff with assuming administration of the Product Approval System,
initially working with the current staffing levels, beginning January 1, 2014.
Discussion
followed among the Commissioners with public comment.
Commissioner
Schock entered a motion to charge DBPR staff with assuming administration of
the Product Approval System, initially working with the current staffing
levels, beginning January 1, 2014, and to conduct an additional rule
development workshop on Rule 61G20-3.007 to revise the payment screen as needed
to correlate with approved changes in the administration of the Product
Approval System. The motion was seconded
by Commissioner Smith. The motion passed
unanimously.
Rule Development
Workshop; Rule 61G20-6.002, Commission Approval and Accreditation of Advanced
Building Code Training Courses:
Chairman Browdy explained that at the August 23, 2013 meeting the
Commission approved the Education POC’s
recommendation to initiate rule development to adopt changes to paragraphs (e),
(g), (h), and (i), contained in Rule 61G20-6.002,
F.A.C. He further stated at the October
18, 2013 meeting the Commission conducted a rule development workshop to
receive public comment and to consider the Commission’s Education Program
Oversight Committee (POC) recommendations for proceeding with the Rule. The POC
recommended that the Commission conduct a supplemental rule development
workshop providing time for the POC to work with stakeholders on proposed rule
language to address issues pertaining to approving courses that are based on
Commission approved changes to the Code that are not yet formally adopted by rule.
Discussion, questions and
answers followed with public comment from Jack Glenn and Joe Belcher.
Commissioner
Dean entered a motion to add a supplemental rules workshop at the December 2013
meeting,
to allow time for the Education POC to develop proposed rule language. Commissioner
Smith
seconded the motion. The motion passed
unanimously including the Chairman.
FBC
Plenary Session
October
18, 2013
Page
21
Rule Development
Workshop; Rule 61G20-6.002, Commission Approval and Accreditation of Advanced
Building Code Training Courses (cont.):
A
second motion was entered by Commissioner Schiffer to approve the Statement of
Estimated Regulatory Costs (SERC) for Rule 61F20-6.002. The motion was seconded by Commissioner Boyer
and passed unanimously including the Chairman.
Supplemental
Rule Development Workshop, Product Approval, Rules 61G20-3.001, 61G20-3.002 and
61G20-3.007:
Chairman
Browdy noted that at the August 23, 2013 meeting the Commission voted
unanimously to proceed with rule adoption for Product Rules 61G20-3.001
(Scope), and 3.007 (Product Approval by the Commission), and to proceed with
rule adoption for Product Rule 3.002 (Definitions) by conducting an additional
rule development workshop subsequent to the Structural TAC’s review and recommendations
to the POC. He stated the structural TAC met and provided recommendations to
the POC who in turn met and developed a recommendation for the Commission. Chairman
Browdy further stated the POC agreed with the Structural TAC’s recommendations
that a definition is not needed in the Product Approval Rule since relevant
definitions are provided in the reference standards adopted in the Florida
Building Code, and there are not definitions in the Rule for the other product
categories.
Chairman
Browdy stated that the October 18, 2013 supplemental rule development workshop
regarding Product Approval Rules 61G20-3.001 (Scope), 3.002 (Definitions), and
3.007 (Product Approval by the Commission), was to move forward with required
changes to the Product Approval System necessary to implement 2013 statutory changes to Section 553.842,
F.S., Product Evaluation and Approval, requiring the Commission to
initiate rulemaking to create a new category of products for Statewide Product
Approval titled: “impact protective systems” (.001 Scope, and .002
Definitions). He stated that in addition, products submitted for
approval by a product evaluation entity (Method 3) will be approved by DBPR
using the 10-business day expedited approval process (.007, Product Approval by
the Commission).
There
was discussion among the Commissioners and public comment from Joe Belcher.
Commissioner
Stone provided information from the POC meeting and the POC’s recommendation
and then
entered a motion to proceed with rule adoption for Product Rules
61G20-3.001
(Scope)
and Rule 3.002 (Definitions), to approve the Statement of Estimated Regulatory
Costs
(SERC), and to conduct a rule adoption hearing only
if requested. The motion was seconded by
Commissioner
Boyer and passed unanimously including the Chairman.
FBC
Plenary Session
October
18, 2013
Page
22
Supplemental
Rule Development Workshop, Product Approval, Rules 61G20-3.001, 61G20-3.002 and
61G20-3.007 (cont.):
A second
motion was entered by Commissioner Stone to conduct a supplemental rule
development workshop on Rule 61G20-3.007 to revise the payment screen as needed
to correlate with approved changes in the administration of the Product
Approval System. The Motion was seconded
by Commissioner Smith and passed unanimously including the Chairman
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 Chairman requested if the TAC/POC requires Commission action,
to frame the needed action in the form of a proposed motion. He stated this will
ensure that the Commission understands exactly what the TAC/POC’s are
recommending, and the subsequent action requested of the Commission
Code
Administration Technical Advisory Committee
Mo Madani presented the TAC’s
report as Commissioner Gonzalez was absent from the Commission Meeting.
Commissioner Stone entered a
motion to accept the report as submitted, Commissioner Boyer seconded the
motion. The motion passed unanimously
with the Chairman voting in favor.
Education
Program Oversight Committee
Commissioner Dean presented the
POC’s report and recommendations.
Commissioner Dean entered a
motion to accept the report as submitted.
Commissioner Boyer seconded the motion.
The motion passed unanimously with the Chairman voting in favor.
Energy
Technical Advisory Committee
Mo Madani
presented the TAC’s report on behalf of Commissioner Smith.
Commissioner
Smith entered a motion to accept the report as submitted. Commissioner Stone seconded the motion. The motion passed unanimously with the
Chairman voting in favor.
FBC
Plenary Session
October
18, 2013
Page
23
Committee Reports and Recommendations (cont):
Mechanical
Technical Advisory Committee
Commissioner Bassett presented
the TAC’s report and recommendations.
Commissioner
Bassett entered a motion to accept the report as submitted. Commissioner Smith seconded the motion. The motion passed unanimously with the
Chairman voting in favor.
Product
Approval Program Oversight Committee
Commissioner Stone presented the
POC’s report and recommendations.
Commissioner Stone entered a
motion to accept
the report as submitted. Commissioner
Swope seconded the motion. The motion passed unanimously
with the Chairman voting in favor.
Commissioner
Stone entered a motion to
consider any standards determined to be equivalent to product approval
compliance standards referenced in the Code, including consideration of
FRSA/TRI Florida High Wind Concrete and Clay Tile Installation Manual, Fifth
Edition Roof Tile Manual to be an equivalent standard to the FRSA/TRI 07320
Concrete and Clay Roof Tile Installation Manual, Fourth Edition. Commissioner Swope seconded the motion. The motion passed unanimously with the
Chairman voting in favor.
Roofing
Technical Advisory Committee
Commissioner Scope presented the
TAC’s report and recommendations.
Commissioner
Swope entered a motion to accept the report as submitted. Commissioner Boyer seconded the motion. The motion passed unanimously with the
Chairman voting in favor.
Structural
Technical Advisory Committee
Commissioner Schock presented
the TAC’s report and recommendations.
Commissioner Schock entered a
motion to accept
the report as submitted. Commissioner
Meyer seconded the motion. The motion passed unanimously
with the Chairman voting in favor.
Chairman Browdy presented the
TAC Chairs’ report and recommendations and provided update from meeting held
October 17, 2013.
Chairman Browdy entered a motion
to accept
the report as submitted. Commissioner
Schock seconded the motion. The motion passed unanimously
with the Chairman voting in favor.
FBC
Plenary Session
October
18, 2013
Page
24
Other Commission Action:
There were no additional
Commission Actions.
General Public Comment:
Joe Belcher stated he wanted to
clarify that he was pleased with the Education POC’s response to entering a
motion to revise the Education Rule to allow for approval of coursed based on
an un-adopted but approved edition of the Code.
Jack Glenn stated it is critical
to allow the approval of Education Courses on key changes between editions of
the Code, after the Commission approved the modification to the current edition
of the Code but prior to the formal completion of the rule adoption
process. He further stated that this
allows the six-month window between approval and adoption to be used to provide
education before the code becomes effective.
Commission Member Comments and Issues:
Chairman Browdy advised at this
time Commission member may offer general comments or identify any issues or
items needed for the next Commission Meeting.
Commissioner Frank advised that
the rule development on the next edition of the Florida Fire Prevention Code is
proceeding with a rule development workshop scheduled for October 25, 2013.
Commissioner Bassett stated the
he serves on the DSFM’s Fire Code Advisory Council. He reported that Broward County is proceeding
with their e-permitting initiative and once their system is working they intend
to make it available to other jurisdictions.
Next Commission Meeting Overview and Issues:
Chairman Browdy advised that December 12 - 13, 2013 the Commission will
be meeting in St. Pete Beach, Florida will continue the Thursday – Friday meeting
format, and will focus on routine Commission
procedural matters including Chair’s issues and recommendations,
updates of the Workplan, product and entity
approvals, applications for accreditor and course approvals, petitions for
declaratory statements, accessibility waivers, and recommendations from the
Commission’s various committees. In
addition, the Commission will conduct needed rule development initiatives
(e.g., Product Approval and Education Rules).
Adjournment:
Chairman Browdy thanked
Commissioners and the public for their attendance and participation and requested
a motion for adjournment. Commissioner
Schiffer entered motion to adjourn, seconded by Commissioner Stone, motion
passed unanimously. Meeting adjourned at
12:13 pm Friday, October 18, 2013.