Minutes

FLORIDA BUILDING COMMISSION

 

Code Administration Technical Advisory Committee

 

December 11, 2007

10:00 A.M. – 11:11A.M.

 

Double Tree Hotel

5780 Major Boulevard

Orlando, Florida 33819

407-351-1000

 

1.   Approved agenda and minutes.

Attendees: George Wiggins, Dick Browdy, Ed Carson, Herminio Gonzalez, Hamid Bahadori, Randy Vann, John O’Connor, Nick D’Andrea, and Bill Dumbaugh.

 

2.   Reviewed and provided recommendation to the Commission on the requests for Declaratory Statement below:

 

DCA07-DEC-252 by James DiPietro, Broward County Board of Rules and Appeals,

proposed to authorize building officials within Broward County to reinstate inactive building permits or re-permit projects subject to permits that have been nullified by passage of time by modifying the language of Section 105.4.1.2, Florida Building Code, Building Volume.

 

Committee Action:

Reinstatement of an existing permit is more analogous to a ministerial function, with little or no impact on the identified minimum standards, and for which flexibility should be recognized to allow for an appropriate response to local resources and conditions.  The element of the proposal that relates to reinstatement of expired permits is not an impermissible local amendment.

 

DCA07-DEC-269 by Emil Veksenfeld, PE

Deferred for further information.

 

3.  Discussed issues of concern to the Program Administration of “BOAF” relating to the implementation of Rule 9B-3.055, Binding Interpretation of the Florida Building Code, and provide recommendation for improvement. 

 

Don Fuchs, BOAF, expressed a number of concerns that the administrator has with regard to the binding interpretation process.  Some of the concerns are specific to rejecting petitions that are not appropriate nor applicable, do not ask specific questions concerning specific code sections, and are vague such that a yes or no answer cannot be provided. 

 

Committee Action:

The Committee voted to recommend to the Commission that the binding interpretation process follow the declaratory statement process with regard to addressing issues which are under current litigation.  Also, they expressed that the Commission may need to explore whether legislative change is necessary to exclude from the binding interpretation process issues that are under litigation.

 

Note:

Staff were directed to work with the Administrator to include information on the BCIS directing the petitioners to contact the Administrator before proceeding with their petition so that the petitioner is clear about the limitation of the binding interpretation process and it’s application.

 

4.  Jeff Blair reported on the Code Administration Assessment Project and provided the committee with the workplan for reviewing the findings from the survey.

 

5.  Adjourned at 11:11 A.M.

 

 

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