Florida Building Commission

Education POC Meeting Minutes

June 12, 2014

Tallahassee, Florida

 

 

IMPORTANT MEETING ACCESS INFORMATION!

 

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Meeting information
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Date: Thursday, June 12th, 2014
Time: 10:00 am, Eastern Daylight Time (New York, GMT-05:00)

Meeting Number: 648 586 142
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In Person Attendance: Room 90, 1940 North Monroe St., Tallahassee, Fla.

 

 

Education POC Meeting Objectives

Ø To approve June 12, 2014 Meeting Agenda

Ø To approve April 10, 2014 Meeting Minutes

Ø To review/decide pending accreditor applications

Ø To review/decide accredited advanced courses

Ø To review/decide administratively approved updated courses

Ø To review/decide self affirmed updated courses

Ø To update status of the proposed language changes to Rule 61G20-6.002, F.A.C.

Ø To review/discuss Education Administrator activity report

Ø To identify future POC member discussion items

Ø To discuss general public comment

Ø To identify needed next steps, assignments, and agenda items for next meeting

 

Education POC Meeting Minutes— June 12, 2014

All Agenda Times—Including Adjournment—Are Approximate and Subject to Change

10:08 a.m. EST

1.)

Welcome and Opening, Roll Call

POC Members Present: Nanette Dean, (Chair), Kevin Flanagan, Jeffrey Stone PhD, Drew Smith, Darrell Phillips, Brian Langille

POC Member(s) Absent:

Meeting Attendees Identified:

Ila Jones                     Jim Hammers

Cam Fentriss              Jim Richmond                                                            

Michael Clark            

            April Hammonds       

            Rhonda Koning        

            Mo Madani  

 

Note: Chair Dean noted that Jack Glenn had passed away last week and read an email sent by the FBC Chairman Dick Browdy to the FBC community, sending condolences to the Glenn family and friends. She then asked for a moment of silence in memory of Jack.           

 

 

2.)

Review and approval of the June 12, 2014 meeting Agenda

Motion: To approve as submitted

Motion: Jeffrey Stone

Second: Darrell Phillips

Approved Unanimously

 

 

3.)

Review and approval of April 10, 2014 meeting Minutes

Motion: To approve as submitted

Motion: Jeffrey Stone

Second: Darrell Phillips

Approved Unanimously

 

 

 

 

 

4.)

 

 

Review pending accreditor applications for recommendation to the Commission

None Pending

 

 

 

5.)

Review pending advanced accredited courses for recommendation to the Commission

 

Course: 2010 Advanced Building Code

Provider: Contractor’s Institute

Accreditor: JDB Code Services, Inc.

BCIS Course Number: 647.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content

Motion: Jeffrey Stone

Second: Darrell Phillips

Discussion: The Education Administrator stated that the approval for this course was deferred at the April ED POC meeting, as course number 499.0. The reason the course number changed (from 499.0 to 647.0) was because the provider was having difficulties uploading course materials into the BCIS and was working against the submission deadline date. As a result, this course was uploaded (by the provider) into the BCIS as a new course, which changed the number in the system.

The Education Administrator further stated that he reviewed the course to make sure that the changes the ED POC recommended at the April meeting had indeed been made. As a result of his review, he found that all changes had been made and the course was ready for approval.

Approved Unanimously

 

 

 

6.)

 

Review pending administratively approved updated courses for recommendation to the Commission

None Pending

 

 

7.)

 

Review pending administratively approved self affirmed updated courses for recommendation to the Commission

None Pending

 

 

8.)

 

 

Update status of the proposed language changes to Rule 61G20-6.002, F.A.C

 

Regarding the status of the proposed language changes to Rule 61G20-6.002, F.A.C., April Hammonds stated that DBPR received a letter from JAPC. She said that she had not yet reviewed the letter thoroughly, but thought that it had to do with a form number. As a result of this letter, the proposed rule language changes could not be noticed for the June ED POC meeting. She further stated that she anticipated that the proposed language should be noticed for the July ED POC meeting.

 

Commissioner Flanagan asked for the date of the August FBC meeting date. Jim Richmond stated that it was August 22, but according to what happens with the building code status, the FBC could also meet on August 21.

 

 

9.)

Education Administrator activity report

The Chair asked Cam Fentriss to provide this report. Cam stated that the report included the number of inquiries that were handled. Cam also stated that the language changes to section 553.841, Florida Statute, were included. She said that no changes were made to the language by the legislature, and it passed as last reported to the ED POC as HB 7147, instead of the initial filing as HB 593. She further stated that the Governor has not approved it yet, but has until June 20, 2014 to sign the bill.

 

A.     Provided administrative support for FBC Education POC for April 10, 2014 meeting

 

B.     Drafted minutes for FBC Education POC April 10, 2014 meeting

 

C.     Prepared agenda for FBC Education POC meeting on June 12, 2014 meeting

 

D. Inquiries from the public March 29, 2014 to June 7, 2014 as follows:

                     12 inquiries:  8 telephone;  4 e-mail

Category of inquirers:

3 Consumer  5 Contractor  2 Provider  2 Building department personnel

 

Types of Inquiries:

1 Building code courses 1 Course accreditation

1 Courses for certification (inspector) 1 Posting CE course

1 Accessibility waiver process 1 Product approval rule history

4 Modular home requirements 1 Engineering

1         Notice to cure

 

E.      Changes to section 553.841, Florida Statutes, passed the 2014 Legislature in HB 7147. Governor Scott has until June 20, 2014 to approve or veto this legislation. The changes in the bill are as follows:

 

553.841 Building code compliance and mitigation program.—-

(1) The Legislature finds that knowledge and understanding by persons licensed or employed in the design and construction industries of the importance and need for complying with the Florida Building Code and related laws is vital to the public health, safety, and welfare of this state, especially for protecting consumers and mitigating damage caused by hurricanes to residents and visitors to the state. The Legislature further finds that the Florida Building Code can be effective only if all participants in the design and construction industries maintain a thorough knowledge of the code, code compliance and enforcement, duties related to consumers, and changes that additions thereto which improve construction standards, project completion, and compliance of design and construction to protect against consumer harm, storm damage, and other damage. Consequently, the Legislature finds that there is a need for a program to provide ongoing education and outreach activities concerning compliance with the Florida Building Code, the Florida Fire Prevention Code, construction plan and permitting requirements, construction liens, and hurricane mitigation.

(2) The Department of Business and Professional Regulation shall administer a program, designated as the Florida Building Code Compliance and Mitigation Program, to develop, coordinate, and maintain education and outreach to persons required to comply with the Florida Building Code and related provisions as specified in subsection (1) and ensure consistent education, training, and communication of the code's requirements, including, but not limited to, methods for design and construction compliance and mitigation of storm-related damage. The program shall also operate a clearinghouse through which design, construction, and building code enforcement licensees, suppliers, and consumers in this state may find others in order to exchange information relating to mitigation and facilitate repairs in the aftermath of a natural disaster.

 

F.      Changes to rule 61G20-6.002, Florida Administrative Code, attached.

RULEMAKING AUTHORITY: 944.09 FS.

LAW IMPLEMENTED: 20.315, 944.09 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Paul Vazquez, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

33-210.101 Routine Mail.

(1) No change.

(2) Inmates will be permitted to receive only the following types of materials through routine mail:

(a) through (b) No change.

(c) Photographs. Photographs will be counted toward the 15 page additional materials limitation. Nude photographs or photographs that reveal genitalia, buttocks, or the female breast will not be permitted. Polaroid photographs and commercial photographs will not be permitted. Commercial photographs are those produced in bulk that are not actual photographs, but are computer or printer copies usually produced for sale or purchase. Photographs will not exceed 8'' x 10''.

(d) through (e) No change.

(3) through (22) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 10-8-76, Amended 10-11-77, 4-19-79, 11-19-81, 3-12-84, 10-15-84, Formerly 33-3.04, Amended 7-8-86, 9-4-88, 3-9-89, 9-1-93, 9-30-96, 5-25-97, 6-1-97, 10-7-97, 5-10-98, Formerly 33-3.004, Amended 12-20-99, Formerly 33-602.401, Amended 12-4-02, 8-5-03, 10-27-03, 9-20-04, 3-23-08, 7-2-09, 5-9-10, 12-5-12, 4-1-13,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Assistant Secretary of Institutions

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael D. Crews, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 8, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 25, 2014

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.: RULE TITLE:

 

61G20-6.002 Commission Approval and Accreditation of Advanced Building Code Training Courses

PURPOSE AND EFFECT: To clarify the application deadline for revised accredited advanced courses, when course providers can select the self-affirm option upon revising a previously approved accredited course, and accreditation of advanced courses for future editions of the Florida Building Code upon approval for adoption by the Florida Building Commission. The rule also includes adding the code edition to the title of advanced courses.

 

SUMMARY: Statute permits the Commission to develop criteria for the accreditation of courses related to the Florida Building Code by accreditors approved by the commission. The rule is amended to establish the deadlines for the revision of accredited courses, clarify when the self-affirmation option can be used, allow courses on future editions of the code to be accredited upon Commission approval of the Florida Building Code for adoption, and require the code edition be included in the title of an advanced course.

 

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Commission conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 553.841(7) FS.

LAW IMPLEMENTED: 553.841 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ila Jones, Administrator, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, (850)717-1822

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G20-6.002 Commission Approval and Accreditation of Advanced Building Code Training Courses.

(1)     Approval of Course Accreditors. The Commission shall approve persons to serve as accreditors of advanced training courses. Persons desiring to be accreditors shall apply using the Register Accreditor function and associated online screens, Form FBC-ED-001, effective September 10, 2010, adopted and incorporated herein by reference and available from the Building Code Information System at www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx. Applications shall be accompanied by an application fee of $100.00. Applications shall be approved by the Commission if the applicant has demonstrated five years of Florida Building Code expertise in the field for which approval is sought, or equivalent as specified below, or possesses an active license issued pursuant to Section 471.015, 481.213, or 481.311; Chapter 489, Part I or II, F.S.; or a standard certificate issued pursuant to Section 468.609, F.S. Accreditors approved by the Commission under prior versions of this rule are authorized to continue accreditation of building code courses. Equivalent expertise or proficiency under this provision shall include:

(a) through (d) No change.

(2) No change.

(3) Training Provider Registration and Requirements.

(a) Training providers approved by the Department of Business and Professional Regulation who desire Commission approval and accreditation for advanced building code courses shall register with the Building Code Information System using the Register Training Provider function and associated online screens, Form FBC-ED-002, effective September 10, 2010, adopted and incorporated herein by reference and available from the Building Code Information System at www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx, and pay a registration fee of $25.00.

(b) Registered training providers shall submit materials and information pertaining to courses for which Commission accreditation and approval is sought utilizing the Submit a Course Application function and associated online screens, Form FBCED 2003-03, “Application for Course Accreditation,” effective _______ October 2012, adopted and incorporated herein by reference and available from the Building Code Information System at https://flrules.org/ gateway/reference.asp?No=Ref-________ http://www. floridabuilding.org/ce/ce_default.aspx or https://flrules.org/ gateway/reference.asp?No=Ref-________ https://www. flrules.org/gateway/reference.asp?NO=Ref-02166.

(c) through (d) No change.

(e) The Building Code Information System shall assign an accreditation number to the application upon submittal. The application shall be accredited completely and placed in the “Pending FBC Action” file on the Building Code Information System at http://www.floridabuilding.org/ce/ce_tp_ coursetrp_dtl.aspx no later than 23 calendar days prior to the next scheduled meeting of the Florida Building Commission. The Commission or its designee shall finalize the accreditation process utilizing the Building Code Information System at www.floridabuilding.org and notify the provider and accreditor within 3 business days of the Florida Building Commission’s action on the applications. If a provider has not taken any action on a submitted but incomplete application in 180 days, the Commission may withdraw the application.

(f) On or before the effective date of changes to the Florida Building Code, Florida Statutes or rule relating to the Florida Building Code, providers shall update existing accredited courses affected by the code, law or rule changes pursuant to subsection (3)(g) and submit for accreditation on the Building Code Information System at http://www.floridabuilding.org/ce/ce_default.aspx. If the course is not updated, the course expires and cannot be updated. The code version, law or rule that initiated the update and reaccreditation process must be noted on the application. Accreditation of revisions to approved accredited courses shall be accomplished in the same manner as described in paragraphs (a) through (f) hereof, except only the revision submitted shall be subject to review. These courses shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission.

(g) The following timelines apply for any course for which revision is required:

1. For a new edition of the Florida Building Code, a course must be revised pursuant to the provisions of subsection (4).

2. For any amendment to Florida Building Code pursuant to Section 553.73, F.S., a course must be revised by the effective date of any change.

3. For any change in Florida law, a course must be revised within six months of the effective date of the law.

4. For any change in Florida administrative rule, a course must be revised within six months of the effective date of the rule.

(h)(g) If an approved accredited course is not affected by the code change or requires only one change revision to correct or update a reference, table, diagram, or quoted provision of code, law, or administrative rule, the training provider may self-affirm by completing shall complete Form FBC-ED-002, (adopted above in subparagraph (3)(a)) effective September 10, 2010, adopted herein by reference and available from the Building Code Information System at http://floridabuilding.org/ce/ce_tporgapp_dtl1.aspx. The same change may be made in more than one place in the course. The code version, law or administrative rule must be noted on the application. If a correction or update is required, Tthe training provider must list the exact correction or update, the specific location of the correction or update, and reason for the change in the course and affirm this is the only correction or update to the course. The correction or update to the course shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission.

(i) If an approved accredited course is not affected by the code, law, or administrative rule change, and no change is required, but a licensure or other board requires an updated version of the course, the training provider may self-affirm by completing Form FBC-ED-002 (adopted above in subparagraph (3)(a)). The code version must be noted on the application. The course shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission.

(j) If an approved accredited course is submitted as self-affirming no change or self-affirming one change, but the Florida Building Commission determines more than one change is required, the course must be reviewed by an approved accreditor in the same manner as described in paragraph (f) hereof.

(k)(h) A change to the delivery format of an approved accredited course must be submitted for accreditation.

(4) Course Content and Accreditor Review. Accreditors shall review courses submitted by registered providers to determine if the course accurately presents the technical and administrative responsibilities reflected in the law, administrative rule, current edition of the Florida Building Code, or future editions approved for adoption by the Florida Building Commission of the Code if the accreditor is reviewing a course revised to comply with an updated edition of the Florida Building Code in accordance with paragraph (3)(f) of this rule or Florida Statutes or rules related to the Florida Building Code. If a course is impacted by any subsequent changes to the updates approved for adoption by the Florida Building Commission, the provider is responsible for revising the course to comply with the Florida Building Code in accordance with paragraphs (3)(f) through (j). Accreditors shall not mutually accredit each others’ courses. The accreditor shall determine if the course meets the following minimum criteria:

(a) Course title and number. The code edition, law or administrative rule the word “advanced,” and, if appropriate, the term “internet” shall be in the title;

(b) through (g) No change.

(h) Code edition, law or administrative rule to which the course relates;

(i) through (m) No change.

(5) through (7) No change.

Rulemaking Authority 553.841(7) 553.841(2) FS. Law Implemented 553.841 FS. History–New 6-8-05, Amended 4-30-07, 6-12-08, 3-4-09, 11-2-09, 1-9-11, Formerly 9B-70.002, Amended 2-5- 13,_________.

 

Section III Notice of Changes, Corrections and Withdrawals

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.: RULE TITLE:

61G20-6.002 Commission Approval and Accreditation of Advanced Building Code Training Courses

NOTICE OF CORRECTION

 

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 40, No. 95, May 15, 2014 issue of the Florida Administrative Register.

Paragraph 61G20-6.002(3)(b) should have read:

(3)(b) Registered training providers shall submit materials and information pertaining to courses for which Commission accreditation and approval is sought utilizing the Submit a Course Application function and associated online screens, Form FBCED 2003-03, “Application for Course Accreditation,” effective _______ October 2012, adopted and incorporated herein by reference and available from the Building Code Information System at http://_________________http://www.floridabuilding.org/ce/ce_default.aspx or https://flrules.org/gateway/ Reference.asp?No=Ref-________ https://www.flrules.org/gateway/reference.asp?NO=Ref-02166.

 

 

10.)

Identify future POC member discussion items

No future discussion items were given.

 

 

11.)

General public comment

 

No public comment was given.

 

 

12.)

Summary and review of meeting work products and adoption of recommendations for submittal to the commission

 

 

Recommended Commission Actions

 

The Education POC considered and recommends the following:

 

The following new course is recommended for APPROVAL:

 

Course: 2010 Advanced Building Code

Provider: Contractor’s Institute

Accreditor: JDB Code Services, Inc.

BCIS Course Number: 647.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content

Motion: Jeffrey Stone

Second: Darrell Phillips

Approved Unanimously

 

 

 

13.)

Adjourn

Adjourn (Adjourned at 10:19 am.)

Motion: To adjourn

Motion: Jeffrey Stone

Second: Darrell Phillips

Approved Unanimously

 

Staff Contact: Michael Clark (Building A Safer Florida, Inc.); mrcconsulting@earthlink.net; 850.545.1451

 

Committee Membership and Meeting Schedule

 

 

Education POC Membership

Member

Representation

Nanette Dean

Manufactured Buildings, Chair

Kevin Flanagan

Electrical Contractor

Drew Smith

Green Building Industry

Jeffrey Stone PhD

Building Product Manufacturer

Darrell Phillips

Public Education

Brian Langille

Natural Gas Distributor

 

Staff

April Hammonds

Legal Advisor

Jim Hammers

Technical Support

Cam Fentriss

Administrative (Building A Safer Florida, Inc.)

 

Facilitator

Michael Clark

(Building A Safer Florida, Inc.)

 

 

2014 POC Meeting Schedule

I.

February 13, 2014 (10:00 AM EST)

Tallahassee and via teleconference

II.

April 10, 2014 (10:00 AM EST)

Tallahassee and via teleconference

III.

June 12, 2014 (10:00 AM EST)

Tallahassee and via teleconference

IV.

August 14, 2014 (10:00 AM EST)

Tallahassee and via teleconference

V.

October 9, 2014 (10:00 AM EST)

Tallahassee and via teleconference

VI.

December 4, 2014 (10:00 AM EST)

Tallahassee and via teleconference

 

2014 Course Application Deadline Schedule

 

Meeting Date

Application Submittal Deadline

I.

February 13, 2014 Meeting

January 29, 2014

II.

April 10, 2014 Meeting

March 25, 2014

III.

June 12, 2014 Meeting

May 28, 2014

IV.

August 14, 2014 Meeting

July 30, 2014

V.

October 9, 2014 Meeting

September 24, 2014

VI.

December 4, 2014 Meeting

November 19, 2014

 

 

Note: This document is available in alternate formats upon request to the Department of Business and professional regulation, codes and standards, Room 90, 1940 North Monroe St., Tallahassee, Fl, 850.717.1838.