FLORIDA BUILDING COMMISSION

SUPPLEMENT TO THE DECEMBER 11 - 12, 2007 MINUTES

Overview of Commission’s Key Decisions

TUESDAY, DECEMBER 11, 2007

Welcome

Chairman Rodriguez welcomed the Commission, staff and the public Orlando and day one of the December 2007 plenary session. The Chair noted that the primary focus of the December Commission meeting would be to receive status reports and make decisions on various legislative assignments, and to approve issues for inclusion in the Commission’s 2008 Report to the Legislature.

Agenda Review and Approval

The Commission voted unanimously, 21 - 0 in favor, to approve the agenda for the December

11 - 12, 2007 meeting as presented. Following are the key agenda items approved for consideration:

Day One:

· To Consider Regular Procedural Issues: Agenda Approval and Approval of the October 3, 2007 Minutes and Facilitator’s Summary Report.

· To Consider/Decide on Chair's Discussion Issues/Recommendations.

· To Review and Update the Workplan.

· To Consider/Decide on Accessibility Waiver Applications.

· To Consider/Decide on Legal Issues and Petitions for Declaratory Statements.

· To Hear an Update Report on Binding Interpretations.

· To Consider/Decide on Approvals and Revocations of Products and Product Approval Entities.

Day Two:

· To Consider/Decide on Code Administration, Mechanical, and Structural Technical Advisory Committees (TAC’s) Report/Rec’s.

· To Consider/Decide on Product Approval/Manufactured Buildings and Education Program Oversight Committee (POC’s) Reports/Recommendations.

· To Hear an Update on Florida Energy Commission Recommendations.

· To Hear an Update on Governor’s Action Team Recommendations.

· To Hear an Update from the Green Building Workgroup.

· To Discuss and Decide on Coastal Code Plus Performance Criteria Recommendations.

· To Discuss and Decide on Issues for Inclusion in 2008 Report to the Legislature.

· To Discuss Commissioner Issues.

· To Receive Public Comment.

· To Review Committee Assignments and Issues for the Next Meeting—January 28 – 30, 2008 in St. Augustine.

Review and Approval of the October 3, 2007 Meeting Minutes and Facilitator’s Summary Report

Motion—The Commission voted unanimously, 21 - 0 in favor, to approve the October 3, 2007 Minutes

as amended and Facilitator’s Summary Report as presented.

Amendments to Minutes:

Commissioner Wiggins requested corrections to comments on page 32, from Wendell Barry regarding the rule applying to all buildings.

Commissioner Norkunas corrected his use of the word “disproportionate” and stated he should have used the word “hardship” instead, regarding his comments on an accessibility waiver application considered at the October 2007 meeting.

Chair’s Discussion Issues and Recommendations

A. Appointments

TAC Appointments

Chairman Rodriguez appointed Commissioner Angel Franco to replace Pete Tagliarini on the Accessibility TAC.

The Chair appointed Chuck Goldsmith to replace Jeff Burton, and Bob Boyer to replace Morris Swope on the Roofing TAC.

Workgroup Appointments

The Chair appointed Commissioner Carlton to the Wind Mitigation Workgroup.

Chairman Rodriguez noted that at the request of Florida Department of Financial Services CFO Alex Sink, he was appointing Yvonne Gsteiger to replace Tami Torres to the Green Building Workgroup as the My Safe Florida Home representative. The Chair thanked Tami for her participation to date and welcomed Yvonne.

Window/Wall Workgroup Constitution and Appointments

The Chair explained he was converting the Window Workgroup to the Window/Wall Workgroup and added Jeff Stone and Jim Gulde to the Workgroup. The Workgroup was tasked with developing consensus recommendations for enhancing the water intrusion functioning of the window wall connection.

The Window/Wall Workgroup’s members are as follows:

Robert Amoruso, Chuck Anderson, Bob Boyer, Rusty Carrol, Jaime Gascon, Dale Griener,

Jim Gulde, Jon Hill, C.W. Macomber, John McFee, Dave Olmstead, Craig Parrino,

Roger Sanders, Jim Schock, Jeff Stone, Steve Strawn, Sigi Valentine, and Dwight Wilkes.

B. 2007 Annual Effectiveness Assessment Survey Update

Chairman Rodriguez noted that each year the Commission conducts an Effectiveness Assessment Survey to gauge the Commission’s perspective on a variety of issues. 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 Survey results to date and provided the Commission with an update on the project. Jeff requested that all Commissioners complete the survey and return the survey to him by January 2, 2008. The results will be reviewed at the January 2008 meeting.

C. Herb Saffir

On behalf of The Commission the Chair acknowledged the passing of Herb Saffir, hurricane research pioneer, and offered condolences to his wife Sarah. Herb was the co-developer of the Saffir-Simpson Hurricane Scale, the hurricane intensity rating scale, as well as an advocate for strong building codes. The Chair noted that Herb would be missed and the Commission appreciated his contributions to the advancement of knowledge regarding hurricanes and their effects. The Chair noted that a letter of condolence would be sent to Sarah Saffir on behalf of the Commission.

Review and Update of Commission Workplan

Rick Dixon reviewed the updated workplan with the Commission and answered member’s questions.

Commission Actions:

Motion—The Commission voted unanimously, 21 - 0 in favor, to approve the updated workplan and meeting schedule as presented, to reflect the Commission’s priorities.

(Included as Attachment 2—Commission’s Updated Workplan)

Consideration of Accessibility Waiver Applications

The Commission reviewed and decided on the Waiver applications submitted for their consideration.

Consideration of Applications for Product and Entity Approval

Commissioner Carson presented the committee’s recommendations for entities and Jeff Blair

presented the committee’s recommendations for product approvals. The results of product and

entity applications are found in the Product Approval POC report included as an attachment to the

minutes.

Legal Issues

Rule Adoption Hearing on Rule 9B-72

Chairman Rodriguez requested that the Commission vote to conduct another rule development workshop on the recently adopted revisions to the Product Approval Rule, Rule 9B-72, without conducting a rule development workshop. The Chair explained there has been extensive rule development already and the Commission voted to adopt the final rule at the October 2007 meeting. However, in order to comply with procedural timelines for the rule development, the Commission should conduct another rule adoption hearing. The goal is to adopt the rule as previously adopted without change and not to discuss any additional changes at this point. The Chair noted that all aspects of the rule changes were thoroughly evaluated by Commission workgroups and the POC, and the Commission needs to implement the revisions to the Rule without any additional changes, as well as ensure the BCIS enhancements are up and running in January as planned.

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor to conduct a rule adoption hearing on Rule 9B-72, the Product Approval Rule, at the January 2007 meeting without a rule development workshop.

Approval for Chair to Approve the Use of State of Florida Seal for the Code

Chairman Rodriguez informed the Commission that the ICC is seeking formal approval to use the State of Florida Seal for publication of the 2007 Florida Building Code. The Chair noted that the Commission could accomplish this by voting to authorize the Chair to allow the use of the Seal on behalf of the Commission.

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor to authorize the Chair to use and/or authorize use of the State of Florida Seal on behalf of the Commission.

Rule Challenge to Rule 9B-3.0475, the Wind Mitigation Retrofits Rule

Jim Richmond, Commission attorney, reported that a challenge had been filed to Rule 9B-3.0475, the Wind Mitigation Retrofits Rule and an administrative hearing is scheduled for February 2, 2008. Following questions and answers and discussion, the Commission took the following action:

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor to refer discussion of options for resolving the rule challenge to the Wind Mitigation Workgroup to develop recommendations to the Structural TAC who will in turn deliver recommendations to the Commission at the January 2008 meeting. The Workgroup’s scope for the December 12, 2007 meeting shall be focused on developing recommendations on the rule challenge.

Binding Interpretations

Jim Richmond, Commission attorney, reported that BOAF had issued petition number 27 regarding whether the Code applies to a dock built prior to the date the Code was in effect. The answer was no, the Florida Building Code, 2004 edition was not in force at the time of the construction and, therefore, not applicable to this construction.

Petitions For Declaratory Statements

Following are the actions taken by the Commission on petitions for declaratory statements.

Second Hearings

DCA07-DEC-085 by Walter A. Tillit, Jr., PE, TilTeco Inc.

Motion—The Commission voted 22 – 0 in favor, to refer the petition back to the Structural TAC for further evaluation.

DCA07-DEC-159 by William G. Graney, Jr., PE, KTD Consulting Engineers

Motion—The Commission voted 22 – 0 in favor, to approve their previous action on the petition.

DCA07-DEC-172 by Robert Cochell, Gulf Coast Air systems, Inc.

Motion—The Commission voted 22 – 0 in favor, to approve their previous action on the petition.

DCA07-DEC-181 by Joseph D. Belcher, JDB Code Services, Inc.

Motion—The Commission voted 18 - 4 in favor, to approve their previous action on the petition.

First Hearings

DCA07-DEC-179 by Alan Fallik, Interim City Attorney, City of Hollywood, FL

The Commission voted unanimously, 22 – 0 in favor, to refer this issue back to the Structural TAC for

re-consideration with DCA legal staff to attend and provide guidance on the discussions.

DCA07-DEC-194 by Gary Swart, E-Z Taping Systems, Inc.

The Commission voted unanimously, 23 – 0 in favor, to approve the POC’s recommendations

on the petition as presented.

The petition was withdrawn by the applicant.

DCA07-DEC-255 by Joseph R. Hetzel, P.E., DASMA

The Petition was withdrawn by the applicants.

DCA07-DEC-269 by Emil Veksenfeld, P.E

The petition was deferred for additional information, and consideration by the Code Administration TAC.

DCA07-DEC-182 by Mark S Speckin of SPX Cooling Technologies

The Commission voted unanimously, 22 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented. There was one abstention on the vote.

DCA07-DEC-183 by Mark S. Speckin of SPX Cooling Technologies

The Commission voted unanimously, 21 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented. There was one abstention on the vote.

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

The Commission voted unanimously, 23 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

Recess

The Commission voted unanimously, 23 - 0, to recess until 8:30 AM on Wednesday, December 12, 2007. The Commission recessed at 5:37 PM.

WEDNESDAY, DECEMBER 12, 2007

Reconvene and Welcome

Chairman Rodriguez welcomed Commissioners, staff, and members of the public to day two of the December 2007 plenary session of the Florida Building Commission. The Chair noted that the Commission would focus on December’s substantive issues including a review of issues for inclusion in the Commission’s Report to the 2008 Legislature during day two of the plenary session.

Committee Reports and Recommendations

The Chair requested that all TAC reports that did not require specific Commission actions be entered into the record.

Code Administration TAC

Commissioner Wiggins presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 22 - 0 in favor, to accept the report.

Motion— The Commission voted 21- 1 in favor, to provide guidance to BOAF regarding

the binding interpretations process by providing a statement on the binding interpretation webpage regarding clarifying the limitations of what topics may and may not be considered for a binding interpretation.

Motion—The Commission voted unanimously, 22 - 0 in favor, not to allow binding interpretations for issues under active litigation, this should be accomplished either by statute, or by Commission directive using the Declaratory Statement process as precedent.

(See Commission Minutes for Committee report)

Mechanical TAC

Commissioner Bassett presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 22 - 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Structural TAC

Commissioner Kim presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Education POC

Commissioner Browdy presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Education POC:

Motion—The Commission voted unanimously, 23 – 0 in favor, to conduct a rule development workshop on Rule 9B-70, Education Rule, at the January 2008 Commission meeting. The workshop will consider discipline and revocation of accreditors, and the 120 day time frame for updating courses.

Motion—The Commission voted unanimously, 22 – 0 in favor, to deny for cause the accreditor application of Oak River Builders LLC (Michael Rimoldi), due to the determination that the applicant’s experience does not meet the qualifications for all areas requested for approval.

Motion—The Commission voted unanimously, 22 – 0 in favor, to approve Fl. Building Code advanced course: #260.

Motion—The Commission voted unanimously, 22 – 0 in favor, to approve the following updated courses (updated to the 2006 Code Supplement) (each course was voted on individually): #256 and #258.

Product Approval POC

Commissioner Carson presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Product Approval POC:

Motion—The Commission voted unanimously, 22 – 0 in favor, to adopt “Option 2” regarding product approval application deadlines. The Option provides for the implementation of a new application review procedure. The new procedure will establish one deadline for submitting applications and provides for an opportunity for written public comment in advance of the meeting which can be reviewed by the manufacturer and the interest groups. Under the new procedure only complete applications will be considered (No conditionals) The Committee agreed that Staff should gradually transition to this procedure but have it in place by the March meeting.

Following is the adopted process:

Completion deadline - Three weeks prior to meeting. Applications must be submitted, validated, and reviewed by the Administrator and given a recommendation for approval by this deadline. Under this system no specific validation deadline is set. This system will allow for greater application discussion time. If applicant responds with correct changes prior to the Completion deadline, the application will go through and be recommended for approval. If applicant does not respond and any deficiencies not rectified the application will be incomplete and not considered at the meeting.

Public comment report posted of all applications recommended for approval – Three weeks from meeting date, 7 days after Completion Deadline. Note - Applications that were recommended for approval by the Administrator may be subject to change of the recommendation after public comment review. All public comments and concerns must be in written format, preferably via email to the Administrator. All public comment documentation (i.e. Code sections, compliance reports, standards, etc.) must be delivered before the comment deadline to be considered.

Public comment deadline -NOON– 1 (8 full days) week after initial report is posted, 7 days prior to meeting. No further public comment will be accepted.

Final Report Posted – 1 week prior to meeting Administrator posts final recommendations for approval.

Motion—The Commission voted unanimously, 22 – 0 in favor, to support DCA’s recommendations to the Legislature to amend Chapter 553 F.S., Manufactured Buildings.

Motion—The Commission voted unanimously, 22 – 0 in favor, to recommend that the Commission conduct a rule adoption hearing on Rule 9B-72, Product Approval, at the January 2008 meeting for adopting the Commission’s adopted revisions to the Rule.

(See Commission Minutes for Committee report)

Update on Florida Energy Commission Recommendations and Update on Governor’s Action Team Recommendations

The Energy Commission and the Governor’s Action Team have been meeting over the past year to review and consider enhancements to Florida’s various energy policies and practices. Rick Dixon reported he has been monitoring both processes and reviewed the respective recommendations and answered member’s questions. Following question and answers and a Commission discussion, the Commission took the following action(s):

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor, to accept the reports (two reports).

Motion—The Commission voted unanimously, 22 – 0 in favor, to support the goal of the Energy Commission’s recommendation #LC-5 (“Long-Term Enhancements to the Florida Energy Code”) to increase the energy efficiency requirements of the Energy Code by at least 50%, but recommend that the time-frame for achieving the goal be indexed to the 2004 Edition of the Code instead of the Energy Commission’s recommended 2007 Edition of the Code. This would provide 15 instead of 12 years to accomplish the 50% increase in efficiency proposed.

Update on the Green Buildings Workgroup

Chairman Rodriguez noted that one of the Commission’s assignments from the Legislature is to develop recommendations for developing and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green, and recommendations for a model efficiency ordinance for residential development. On October 1, 2007 a Forum was conducted and subsequent to that the Workgroup has met twice to consider and evaluate a range of options for a model ordinance and a public awareness campaign. The Workgroup will meet once more on January 16, 2008 in Orlando to finalize their recommendations in time for the Commission’s January 2008 meeting. Jeff Blair provided the Commission with an update and answered Commissioner’s questions.

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor to accept the report.

Discussion and Decision on Coastal Code Plus Performance Criteria Recommendations

As directed by the Legislature during the January 2007 special session, the Commission voted unanimously during the February 7, 2007 meeting to fund research for developing insurance qualifying criteria for buildings built within 2500 feet of the coast after 2009. At the October 2007 meeting the Commission voted to go with a 500 year windspeed return period, design exposure Category C, and that no reductions would be allowed. At the December 2007 meeting the Commission reviewed and adopted a proposal prepared by DCA staff.

Commission Actions:

Motion—The Commission voted 19 – 3 in favor to adopt the recommendations as proposed by DCA staff. The recommendations are as follows:

The Coastal Code Plus criteria for use by Citizens Insurance should be:

Ø Single wind speed per county based on 2007 calculations for 500 year recurrence interval hurricane

Ø High Velocity Hurricane Zone wind-borne debris protection criteria- (per the Florida Building Code)

Ø Building elevations based on 2007 calculations for 500 year recurrence interval hurricane

The Florida Building Code will be referenced for all base requirements and further technical clarifications including specifics of the HVHZ WBD protection requirements. A table of design wind speeds and a set of elevation multipliers to be applied to coastal elevation standards will be provided as modifications of the Code.

Discussion and Preliminary Decisions on Recommendations to the 2008 Legislature

Chairman Rodriguez noted that the actual Report will have the Commission’s recommendations related to Legislative assignments as well as Commission initiatives, and following a Commission review of the summary, he would request a motion to approve the Summary of Issues and Recommendations for inclusion in the 2008 Report to the Legislature with the understanding the Report will be updated with the December’s meeting decisions, and a Draft Report to the Legislature will be reviewed by the Commission at the January 2008 meeting, prior to submittal to the 2008 Legislature. Jeff Blair reviewed the Draft summary of recommendations and issues for inclusion in the Commission’s 2008 Report to the Legislature and answered members questions. Following a discussion and public comment, the Commission took the following actions:

Commission Actions:

Motion—The Commission voted unanimously, 22 – 0 in favor, to adopt the summary of issues and recommendations for inclusion in the Commission’s 2008 Report to the Legislature.

Motion—The Commission voted unanimously, 22 – 0 in favor, to convene an Accessibility Workshop to consider options and recommendations regarding the Commission issuing interpretations to the Accessibility Code.

Commission Member Comment/Issues

Chairman Rodriguez invited Commission members to offer comments to the Commission.

Commission Member Comments:

Bassett: Please reserve enough hotel rooms to ensure that all Commissioner who need a room can get one before they sell out.

Vann: Is the number of members on TAC’s required. Answer, yes.

Norkunas: There should be people with disabilities on all TAC’s to ensure accessibility issues are considered by the TAC’s.

Wiggins: Create a list of FBC action items and get them posted quickly after each Commission meeting.

Norkunas: There are still issues with hotels and non-accessible rooms being given to persons with disabilities. Hotels are still non-compliant with ADA requirements.

Norkunas: The Commission made a mistake on an accessibility waiver application that was granted and it should have been denied. This violates the Federal Accessibility Law, and the DOJ does not allow States to waive Federal Law, only state laws may be waived by the state. I want a copy of the Wendy’s waiver sent to the DOJ.

Norkunas: The December Accessibility TAC meeting was cancelled without consulting with TAC members, and this means it will be 12 weeks between meetings before accessibility issues can be discussed.

Norkunas: The Accessibility Waiver Advisory Council membership should be expanded.

Commission Member Agenda Items

Chairman Rodriguez invited Commission members to propose issues for the Commission’s next (January 2008) meeting.

No agenda items were proposed by Commissioners.

General Public Comment

Chairman Rodriguez invited members of the public to address the Commission on any issues under the Commission’s purview.

Public Comments:

Jack Glenn: Public education on energy issues is important and will be required to ensure that consumers support purchasing energy saving items, even though they may increase the initial cost of a home.

Larry Schneider: The Commission’s website should be updated to include a current contact list of Commissioners and TAC members.

Adjourn

The Commission voted unanimously, 22 – 0 in favor, to adjourn the meeting at 10:50 AM.

ATTACHMENT 2

COMMISSION’S UPDATED WORKPLAN AND MEETING SCHEDULE

(Adopted Unanimously December 11, 2007)

MEETING DATES

2006

January 23, 24 & 25 TACs Tampa Embassy Suites

February 6 & 7 Cmsn Orlando Rosen Plaza

March 20,21 & 22 Cmsn Tampa Embassy Suites

May 1, 2, 3 & 4 Cmsn Orlando Sheraton Safari

June 19 Cmsn Destin Sandestin Beach Resort

July 10, 11 &12 Cmsn Ft Lauderdale Seminole Hard Rock Hotel & Casino

August 21, 22 & 23 Cmsn Miami Don Shula

October 9, 10 & 11 Cmsn Tampa Embassy Suites

December 4, 5 & 6 Cmsn Tampa Embassy Suites

Note: Based on experience developing the 2004 FBC, TAC meetings are scheduled separately from the Commission meeting for January 2006 and March 2007 to review proposed Code amendments for the Glitch Cycle and 2007 FBC Update respectively. Commission meetings are set for 2 weeks after those TAC meetings. This scheduling was established to avoid a week long Commission meetings and to avoid meetings in back to back weeks.

2007

February 5, 6 & 7 Cmsn Tampa Embassy Suites, USF

March 12, 13, 14 & 15 TACs St Augustine Casa Monica Hotel

March 26, 27 & 28 Cmsn St Augustine Casa Monica Hotel

May 6, 7, 8 & 9 Cmsn Tampa Embassy Suites, USF

June 24, 25, 26 & 27 Cmsn Miami Lakes Don Shula Hotel

August 20, 21 & 22 Cmsn Tampa Embassy Suites, USF

October 1, 2 & 3 Cmsn Tampa Embassy Suites, USF

December 10, 11 & 12 Cmsn Orlando Doubletree Hotel, Universal

2008

January 28,29 & 30 Cmsn World Golf Village, St. Augustine

March 17, 18 & 19 Cmsn Embassy Suites, Tampa

May 5, 6 & 7 Cmsn Crowne Plaza, Melbourne

June 23, 24 & 25 Cmsn TBD

August 18, 19 & 20 Cmsn Naples Grande, Naples

October 13, 14 & 15 Cmsn Embassy Suites, Tampa

December 8, 9 & 10 Cmsn TBD

FLORIDA BUILDING COMMISSION 2007 WORKPLAN

1. Recommendations for Report to 2007 Legislature

Consider preliminary recommendations to Legislature 10/10/06

Approve recommendations to Legislature 12/04/06

Report transmitted to Legislature 2/08/07

Task Completed

2. Panhandle Hurricane Ivan Study

Phase I

Workshop in Panhandle to review studies 9/13/05

Commission approved consensus recommendation from workshop

to conduct Panhandle windborne debris study 10/12/05

Hire contractor to conduct Panhandle windborne debris study

Phase I (study initiation data development for models) 10/05

Obtain budget amendment 11/05

Initiate Phase II (modify models and conduct simulations) 12/05

Commission receives preliminary report from researchers 2/07/06

Public hearing and decide recommendation to Legislature at 2/07/06

Commission meeting

Meeting with Panhandle Building Officials 2/16/06

Recommendation to the Legislature (In Annual Report) 2/24/06

Contractor preliminary report presentation on study at Commission meeting 3/22/06

Contractor presentation on study at Commission meeting 5/3/06

Initiate amendment of Code as directed by 2006 Legislature

Special Commission meeting for Supplemental Rule Development 6/19/06

Workshop and contractor presentation at Destin

Supplemental Rule Development Workshop 7/11/06

Rule Adoption Hearing 8/22/06

Amendment to be implemented 3/08/07

HRAC considers recommendation for Phase II 7/11/06

Commission approved proceeding with Phase II 7/11/06

Phase II

Line up funding 8/06-9/06

Contract with UF/ARA 12/06

Legislature redirects Code amendment during special session 1/07

See Task 17

HRAC recommends redirection of Phase II 2/6/07

Commission votes to redirect project to evaluation of pressure 2/7/07

coefficients for differing terrains

Scope of work redirected and renegotiated 2/07

See Tasks 18 & 19

3. Develop Window Labeling and Default Installation Criteria

Appoint Work Group 2/22/06

Meeting 5/31/06

Meeting 11/1/06

Recommendation to Code Administration TAC and Commission 12/6/06

Code amendment submitted prior to 1/1/07

Adopted through 2007 FBC update See Task 7

Work Group meets to identify fastening schedule info template 4/10/07

for product approval applications

Task Completed

4. Shutter and Garage Door Labeling

Work Group appointed 8/22/06

Work Group meeting 9/14/06

: 11/13-14/06

Report to Code Administration TAC and Commission 12/06

Code amendments submitted for 2007 FBC by 1/1/07

Requirements implemented through 2007 FBC See Task 7

Task Completed

5. Evaluate Termite Protection Requirements

Appoint Workgroup 3/06

Meeting 5/17/06

Recommendations to Commission 7/11/06

Code amendment submitted prior to 1/01/07

Adopted through 2007 FBC update See Task 7

Workgroup meets with Plumbing Contractors and Pipe Mfgrs 6/20/07

Proposal to address termite access through plumbing penetrations 8/22/07

in slabs submitted as comment at 2007 FBC RDW

Adopted in 2007 Code See Task 7

Task Completed

6. Coordinate the Elevator Code and 2007 Florida Building Code updates with the Department of Business and Professional Regulation and The Elevator Advisory Council

Initial staff meeting to establish protocols 9/6/06

Council reviews Code amendment proposals and advises Commission See Task 7

Task Completed

7. 2007 Update to the Florida Building Code

Design of Update Process Apr-May 06

2006 International Codes published and available to the public 3/1/06

Supplement version of 2006 FBC amendments available 9/1/06

Commission selects 2006 I Codes as foundation for 2007 FBC 10/11/06

(Note: 2006 I Codes must be available to public for 6 months prior to selection)

Replacement pages version of 2006 FBC amendments available 11/1/06

Proposed amendments to the 2006 I Codes with Florida amendments due date 1/1/07

Florida Specific amendment overlaps with 2006 I Codes, local amendments 1/1/07

and 2008 FFPC correlation submitted amendments proposals by staff

Proposed amendments posted to the Web by (45 day min before TAC review) 1/15/07

45 day comment period ends 2/28/07

TACs review proposed Florida amendments and make recommendations 3/12-15/07

TAC recommendations posted to web (45 day min before Commission review) 4/13/07

45 day comment period ends 5/27/07

TACs review staff integration of prior Florida amendments into draft 5/6-9/07

2007 FBC and current Local amendments for comment

TACs review comments and prepare public comment for Rule Workshop 6/26&27/07

Commission considers TAC recommendations on proposed amendments

via Rule Development Workshop 6/26&27/07

Rule Adoption Hearing 8/21/07

File Rule adopting the 2007 FBC 9/14/07

Printed Codes available to the public 1/1/08

Code implemented (6 months from publishing to web) 10/1/08

Subtasks:

Joint Fire TAC/Fire Code Advisory Council review of I Codes changes to 10/06

FFPC conducted

Meetings 10/06, 12/6/06

Correlation committee review of Florida specific amendments overlap

with 2006 I Codes 10/06-2/07

Fire TAC/Fire Code Advisory Council meet to review overlaps 4/9/07

Code books publication and printing

Provide 1^st set of changes to ICC consisting of non-overlap Florida 1/07

Specific changes as identified by staff

Provide 2^nd set of changes to ICC consisting of changes as approved by the 5/27/07

TACs

Provide 3^nd set of changes to ICC consisting of changes as approved by the 7/27/07

Commission at the Rule Workshop

Development and Adoption Completed

8. Glitch Amendments to the 2007 Florida Building Code

Printed 2007 Codes available to the public (Note: Code implemented 10/1/08) 1/1/08

Glitch amendment submittal DEADLINE 6/01/08

Rule development workshop 6/25/08

Rule adoption hearing 8/27/08

File Rule and post Supplement to website 9/5/08

Glitch Rule effective 9/27/08

2007 FBC effective 10/1/08

9. Assess Transition to IECC as Base for Florida Energy Code

Appoint Workgroup 2/22/06

Hire Consultant to develop code comparisons 3/06

Meeting 6/22/06

Recommendation to Commission 7/11

Meeting 9/14/06

Meeting 11/15/06

Amendments proposed for 2007 FBC 1/1/07

Energy Code revisions thru adoption and implementation of 2007 FBC See Task 7 Conduct workshop on energy efficiency and moisture control 2/28/07

Task Completed (Note: See Task 21 for follow-up)

10. Amend the Florida Accessibility Code for Building Construction

Rule development workshop 3/28/07

Rule adoption hearing 6/27/07

Supplementary Rule Adoption Hearing on Rule 9B-7.042 8/21/07

Rule Adoption Hearing on Rule 9B-7.003 8/21/07

Rule 9B-7.003 effective 10/07

Supplementary Rule Adoption Hearing on Rule 9B-7.042 10/3/07

Note: Code amendment is only conducted to integrate current chap 553, Part II, F.S. parking requirements

Task Completed

11. Revise Rule 9B-3.004 to Allow Alternates for Committee Members and Rule 9B-3.050

to Limit the Annual Amendments Process

Appoint Ad Hoc Committee 10/11/06

Committee meeting 12/06

Rule development workshop 2/7/07

Supplemental rule development workshop 3/28/07

Rule adoption hearing 6/27/07

Rule effective 8/07

Task Completed

12. Develop Product Validation Criteria for Methods of Demonstrating Compliance with Code

Meeting 2/7/06

Meeting 5/3&4/06

Meeting 6/1/06

Recommendations to Commission 7/11/06

Recommendations reviewed and approved by Commission 8/22/06

Rule adoption schedule approved for amending the rule 10/4/06

Product Approval POC review of draft rule 1/24/07

Rule Workshop 2/7/07

Supplemental Rule Workshop 3/28/07

Meeting with Window mfgrs regarding installation instruction info 4/10/07

template for PA application

Supplemental Rule Workshop 5/9/07

Propose disciplinary procedures for validators pursuant to new authority 6/27/07

added to law by 2007 Legislature (See Task 31)

Rule Adoption Hearing 6/27/07

Supplemental Rule Adoption Hearing 8/21/07

Supplemental Rule Adoption Hearing 10/03/07

Rule effective 11/07

Design and implement essential BCIS modifications 9/07- 12/07

Conduct Rule Adoption Hearing 1/30/08

Implement rule changes 3/08

13. Review and Address Code Administration Needs of Local Governments and Measures to Improve Uniform and Effective Enforcement of the Code

Assessment survey design and research 5-7/07

On-line survey designed and conducted 7-9/07

Report on Assessment to the Commission 10/07

Review Assessment with Code Administration TAC 12/11/07

Code Administration TAC Develop Recommendations 1/08-3/08

Recommendations to Commission 1/08

14. Evaluate in-home waste water recycling in coordination with Department of Health and Department of Environmental Protection

Staff investigate DOH concerns and determine statutory authorities 10-12/06

Department of Health meeting 2/12/07

Ongoing Green Building Related Project for 2008 2008

15. Address implementation of the electrical systems requirements of the Energy Efficiency Code

Forum for discussion of requirements and their implementation 7/10/06

Recommendations presented to the Commission 7/11/06

Education and outreach

Florida Board of Professional Engineers newsletter article

Florida Engineering Society publication article 10/06

Identification of Code enforcement and education issue by

Building Code Education and Outreach Council 9/27/06

Add notice to Commission’s website 9/06

Send notice to all parties registered on BCIS for electrical issues 9/06

Notice Building Officials via BOAF 9/06

BOAF Education Conference Course 5/07

Include in Education and Outreach Contract for FY 07-08 7/07

Outreach provided through project 8/07- 7/08

16. Develop capability to require education for validation entities and a training program.

See Task 12.

Voted to withdraw from workplan 5/07

17. Amend the 2004 FBC to eliminate wind-borne debris protection exceptions less stringent than those of the 2006 IBC and 2006 IRC

Rule adoption hearing 3/28/07

Rule effective 7/1/07

Task Completed

18. Develop Code-Plus criteria for insurance qualification

Determine policy direction 2/07

Contract for development

Phase I 5/07

Reporting to HRAC 8/22/07

Phase II 7/07

Reporting to HRAC 10/07

HRAC recommended criteria 10/07

Present to Commission and conduct public hearing 10/07

Commission finalizes recommendation for report to 2008 Legislature 12/07

Present in report to 2008 Legislature 2/08

19. Load Side - Wind Pressure Research

Commission approved redirection of WBD project Phase II 3/07

Amend contract with UF/ARA 4/07

Contract for Phase III 10/07

20. Resistance Side – Component and Cladding & MWFRS Research

Legislature appropriates funding 5/07

HRAC develops research priority list 5/07-6/07

Contract with UF to conduct research 10/07

(Includes post hurricane building damage assessment survey contingency)

HRAC and Windows/Wall Workgroup prioritize tests 1/08

Progress reporting at HRAC meetings

Available results included in report to Legislature

21. Latent load management for energy conservation and humidity control

Conduct workshop on energy efficiency and moisture control 2/28/07

Develop education and outreach plan and coordinate with 8/07 – 6/08

Education and Outreach Program Contractor

22. Develop a model energy efficiency ordinance for residential development

Contract for support study 9/07

Public Input Forum 10/01/07

Establish work group of stakeholders 10/03/07

Work group meetings 10/31/07

11/28/07

1/16/0

Draft ordinance delivered by work group 1/30/08

Commission public hearings 1/30/08

Recommendation finalized for report to 2008 Legislature 1/30/08

Report to 2008 Legislature 2/08

23. Evaluate Florida Energy Code for: residential cost effective baseline; commercial conservation enhancements, and; comparison to IECC, ASHRAE 90.1 and 90.2

Contract for support study 9/07

Report from contractor 1/08

Recommendations developed for Commission 1/08

Department of Community Affairs recommendations to the Commission 1/30/08

Report to 2008 Legislature finalized 1/30/08

Report to 2008 Legislature delivered 2/08

24. Develop and implement public awareness campaign on energy efficiency and benefits of Green Buildings

Contract for support services 8/07

Public Input Forum 10/01/07

Establish work group of stakeholders 10/03/07

Work group meetings 10/31/07

11/28/07

1/16/08

Plan for website approved by Commission 10/03/07

Website identified and enhanced 9/07 - 12/07

Website launched 1/08

Public awareness campaign strategies approved by Commission 12/07

Project phase II initiated 2/08

25. Work with DCA to evaluate updated energy efficiency standards for energy using products

DCA initiates rule proceeding 8/07

DCA conducts Rule Development Workshop 10/18/07

Enter into contract for study 10/07

Report from contractor 1/08

Recommendations finalized for report to 2008 Legislature 1/30/08

Report to 2008 Legislature 2/08

~~26. Loss costs relativities studies for wind insurance credits~~

~~Office of Insurance Regulation project- follow lead TBD~~

Bill and funding vetoed by Governor

27. Develop mitigation techniques for retrofit of existing site-built residential buildings:

Identify techniques for initial adoption 5/07-6/07

Commission initiates rule development for techniques & retrofit mandates 5/09/07

Rule development workshop 6/27/07

Non-rule workshop 8/8/07

Rule adoption hearing 8/22/07

Rule effective

Workgroup meetings to refine mitigation techniques for Glitch Cycle 12/13/07

2/08

4/08

Submit for amendment of 2007 FBC during Glitch Cycle 5/08

Adopt techniques and retrofit mandates in 2007 FBC via Glitch Cycle

See Glitch Amendment Task 8 schedule

28. Electrical bonding and grounding for swimming pool decks:

Notify building departments/pool bonding alternative authorized by law 5/07

Develop alternative technique to NEC 5/07-6/07

Commission initiates rule authorizing alternative technique 5/09/07

Rule development workshop 6/27/07

Adopt the alternative in the 2007 FBC 8/22/07

Rule effective 10/1/07

Adopt alternative technique in 2007 FBC via Glitch Amendment Cycle 2008

See Glitch Amendment Task 8 schedule

29. Evaluate elimination of gravel and stone roofing systems

Appoint Ad Hoc committee to evaluate the science, alternatives, 8/07

business impact and impact on birds

Contract with UF to provide technical assistance 8/07

Workgroup meetings to review data (also consider mitigation criteria) 12/13/07

2/08

4/08

Submit for amendment of 2007 FBC during Glitch Cycle 5/08

Amend 2007 FBC as determined by study in Glitch Cycle See Task 8

30. Evaluate warehouse expansion sprinkler requirements and amend FBC as appropriate

Notify building departments and post on website new requirement of SB 404 7/07

Fire TAC reviews comment on mods 2151, 2152, 2153 and 2492 6/26/07

recommend to Commission

Rule development workshop on 2007 FBC 6/27/07

Rule adoption hearing on 2007 FBC 8/22/07

Criteria effective with 2007 FBC 10/1/08

Task Complete

31. Develop penalty rules for Product Approval Validation Entities

Adopt in the 2007 amendment of rule 9B-72

Comment at Rule Adoption Hearing on 9B-72 6/26/07

Supplemental Rule Adoption Hearing 8/22/07

Supplemental Rule Adoption Hearing 10/3/07

Rule Hearing 1/30/07

Rule effective 3/08

Rule implemented (see Task 12) 3/08

32. Implement requirements of law for carbon monoxide detectors

Commission initiates special rule development and adoption for 5/9/07

buildings with fuel burning appliances, fireplaces or attached

garages and sleeping rooms

Rule development workshop 6/27/07

Mechanical and Electrical TACs decide how to reference from NEC 8/21/07

Rule adoption hearing 8/22/07

Rule effective 7/1/08

Adopt and implement above requirements and DBPR hotels with fuel 2008

fired boiler requirements in 2007 FBC in Glitch Cycle

See Glitch Amendment Task 8 schedule

33. Delay elimination of the internal pressure design option in WBD regions

Notify building departments and post on website the option remains legal 5/07

until June 1, 2007

Task Complete

34. Develop and implement strategy for low and moderate income “Affordable Housing” consideration in FBC development

Appoint workgroup 9/07

Workgroup meetings 2008

Workgroup recommendation to Commission 2008

35. Report to 2008 Legislature

Commission identifies and receives draft recommendations 12/12/07

Commission finalizes recommendations 1/30/08

Commission report to 2008 Legislature 2/13/08

36. Develop Instruction for Manufacturers Obtaining Product Approval via Associations

Chairman refers issue back to POC to review existing rule for appropriate process 7/07

Recommendation to POC and Commission 10/07

37. Amend the Florida Energy Code to Require 15% More Efficiency in Buildings

Note: Amendment to achieve Governor Crist’s directive of 15% increased efficiency by January 1, 2009 will be done using procedures of Part VI, chapter 553, F.S. The Energy Code will be amended by administrative rule authorized by that part then the revised Energy Code will be adopted into the 2007 Florida Building Code during the currently scheduled “glitch” cycle.

Evaluation of cost effective building component efficiencies completed 12/07

(See Task 23)

Department of Community Affairs recommendations to the Commission 1/08

Commission considers proposed amendments 1/08-2/08

Rule Development Workshop 3/08

Rule Adoption Hearing 5/08

Rule final 6/08

Adoption into 2007 FBC via “Glitch” cycle (See Task 8)

38. Amend the Florida Appliance Efficiency Standards to Require 15% More Efficiency

See Task 25

39. Evaluate and Adopt the Development Process for the 2010 Florida Building Code

Chairman appoints a study committee 1/08

Committee meets to review and develop recommendation 3/08 – 5/08

Commission conducts public hearing and adopts plan 5/08

2007 Legislature Directed Tasks Through Regular Session

CS/HB 7123 Energy

Action required:

Form Work Group and Develop model energy efficiency ordinance for residential construction.
Conduct study to evaluate cost effective baseline for Florida Energy Code residential requirements, determine cost effective standards for commercial buildings and compare to the International Energy Conservation Code and ASHRAE 90.1 and 90.2 in consultation with designated others.
Develop and implement a public awareness campaign on energy efficiency and benefits of Green Building in consultation with others.
Work with DCA to evaluate updated energy efficiency standards for energy using products

CS/HB 7057 Wind Loss Mitigation Studies and FBC Mitigation Requirements and Standards

Action required:

Consult with Office of Insurance Regulation on “lost cost relativities” study.
Develop mitigation techniques for retrofit of existing sitef-built residenetial buildings:

Prescriptive gable end bracing techniques
Secondary water barrier requirements and standards
Prescriptive roof-to-wall attachment techniques (not to exceed 15% of reproofing cost)
Strengthening/correction roof deck attachment/fastening
Opening protection

3. Adopt for site-built residential buildings by October 1, 2007:

o Mitigation techniques

o Requirement that roof replacement requires secondary water barrier and roof deck attachment/fastening

o Requirement that within WBD region roof replacement for buildings insured for $300K or more must also have roof-to-wall connections upgraded

o Requirement that any permitted activity valued at $50K or more for buildings located within the WBD region and insured for $750K or more must also provide for openings protection

4. Adopt in 2007 FBC:

Requirements of 2) and 3).

CS for CS for SB 2836 Building Code

Action required:

Electrical bonding and grounding for swimming pool decks:

Notify building departments about pool bonding alternative authorized by law.
Review swimming pool electrical bonding requirements of NEC and develop alternative technique.
Adopt a rule authorizing use of the alternative technique.
Adopt the alternative in the 2007 FBC.

Gravel or stone roofing systems

a) Determine and document the following if eliminate systems from Code:

o Scientific basis or reason for elimination

o An available alternative equivalent in cost and durability

o Whether elimination will unnecessarily restrict or eliminate business or consumer choice in roofing systems

o Whether elimination will negatively affect the nesting habitat of any species of nesting bird; coordination with Fish and Wildlife Conservation Commission

b) Adopt a rule by chap 120 to preserve use of gravel or stone roofing systems if the above conditions cannot be determined and documented

Warehouse expansion sprinkler requirements:

o Review modifications 2151, 2152, 2153, and 2492 and determine based on public comment if there is a continuing need for any Florida specific requirement of the Code the modifications seek to repeal

o Adopt or modify the modifications by chapter 120 only for inclusion in next edition of FBC

Energy Code evaluation-

o Conduct study to evaluate cost effective baseline for Florida Energy Code residential requirements, determine cost effective standards for commercial buildings and compare to the International Energy Conservation Code and ASHRAE 90.1 and 90.2 in consultation with designated others.

CS for CS for SB 1822 Carbon Monoxide Detectors

Action required:

Adopt a rule to require CO detectors in buildings with fossil fuel burning heater or appliance (including boiler in public lodging), fireplace, or attached garage and rooms used for sleeping purposes effective by July 1,2008.
Include requirements in next revision/(edition) of FBC.
Work with DBPR on chapter 4, FBC, Building requirements for public lodging buildings with both sleeping rooms and combustion fired boilers in the building.

CS for SB 404 Sprinkling Existing Portions of Warehouse Expansions

Action required:

Post notice of statutory requirement on website and notify building departments.
Include new provision of law in 2007 FBC update.

CS for SB 2498 Delayed Elimination of Design for Internal Pressure

Action Required:

Notification to building departments and industry.

2007 Legislature Directed Tasks Through Special Session

Florida Building Code Amendments:

Ø “…eliminate all exceptions that provide less stringent requirements.” than the 2006 IBC and IRC for wind-borne debris protection.

[HB 1A Section 10 (1)]

Citizens Insurance criteria for buildings built within 2500 feet of the coast after 2009:

Ø “…develop voluntary “Code Plus” guidelines for increasing the hurricane resistance of buildings.”

[HB 1A Sections 10 (2) and 21 627.351(6)(a)6.]

2006 Legislature Directed Tasks

Florida Building Code Amendments:

Ø Re-designate the Wind Borne Debris Protection Region for the Florida Panhandle

COMPLETED

2005 Legislature Directed Tasks

Florida Building Code Amendments:

Expedited Code Amendment

COMPLETED

Ø Shall by November 1, 2005, adopt the ICC provisions for ventless attic spaces. [Section 33 SB 442]

Ø Shall by November 1, 2005, recognize all alarms complying with UL 2017 for the pool alarm option compliance with swimming pool safety requirements of chapter 515 , F.S. [Section 32 SB 442]

Ø Shall consider how to address water intrusion and roof-covering-attachment weaknesses. [Section 34 SB 442]

Ø Shall review Modifications 569 and 570 adopted October 14, 2003 to IBC and repeal, modify or leave the same but 569 and 570 cannot go into effect until the review (leave the same) or rulemaking (modify or repeal) are completed. [Section 48 SB 442]

2004 FBC Glitch Amendments (2006 Annual Amendment to 2004 FBC)

COMPLETED (Implemented in the 2005 expedited Code Amendment)

Ø Shall amend the 2004 FBC to allow use of the area under mezzanines to be included in the calculation of total floor area when determining the maximum allowable mezzanine area in sprinklered S2 occupancies of Type III construction. Retroactive to the adoption of the 2001 FBC. [Section 44 SB 442]

Ø Shall modify Table 1014.1 of 2004 FBC maximum occupancy loads for R occupancies. [Section 46 SB 442]

Ø Shall amend section 1014.1.2 of 2004 FBC to exempt R1 and R2 occupancies from required distance between exits under certain conditions. [Section 46 SB 442]

2007 Florida Building Code Update

Ø Eliminate the “interior pressure design” option for buildings in the wind-borne debris regions consistent with the IBC and IRC.

Special Studies:

Ø Together with building officials from the area, review Hurricane Ivan damage and other data for the region from Franklin County to the Alabama border and issue a report of findings and recommendations to the Governor and 2006 Legislature. [Section 39 SB 442]

Ø Evaluate the definition of exposure category C and make recommendations to the Governor and 2006 Legislature. [Section 41 SB 442]

Ø Study the recommendation that the State be served by a single validation entity for state product approval. [Section 45 SB 442]

Other Tasks:

COMPLETED

Ø Develop a form by rule that is posted on a construction site and identifies all private providers that will be conducting inspections and their contact information. [Section 11 SB 442/ 553.791(4)(c)]

Ø Develop a form by rule for use on the Building Code Information System for petitioning for review of local building official decisions. [Section 9 SB 442/ s.553.775(3)(c)2.]

Add design and construction related facility licensing requirements for Hospice Facilities. [HB 189]

ATTACHMENT 4

SUMMARY OF ISSUES FOR INCLUSION IN THE 2008 REPORT TO THE FLORIDA LEGISLATURE

OVERVIEW

The Florida Building Commission is a 23 member Governor appointed stakeholder group who successfully created, implemented, and maintains the new statewide Florida Building Code.

The Commission is comprised of the Governor’s Chair, and 22 members appointed according to criteria established by the American National Standards Institute (ANSI) for representation. They are as follows: in the general interest category: four code officials, two state government representatives, a local government representative, a representative of persons with disability; in the consumer category: an architect, a structural engineer, a mechanical engineer, representatives of fire protection technology, the building management industry, and the insurance industry; and in the producer category: a general contractor, residential contractor, mechanical contractor, plumbing contractor, electrical contractor, roofing/sheet metal/air conditioning contractor, a manufactured building representative, and a building product manufacturer.

The Florida Building Commission (FBC) seeks to develop consensus decisions on its recommendations and policy decisions. General consensus is a participatory process whereby, on matters of substance, the members strive for agreements which all of the members can accept, support, live with or agree not to oppose. In instances where, after vigorously exploring possible ways to enhance the members’ support for the final decision on substantive decisions, and the Commission finds that 100% acceptance or support is not achievable, final decisions require at least 75% favorable vote of all members present and voting. This super majority decision rule underscores the importance of actively developing consensus throughout the process on substantive issues with the participation of all members and which all can live with and support.

The Commission’s consensus process is conducted as an open public process with multiple opportunities for the public to provide input to the Commission on substantive issues.

At each Commission meeting, the public is welcome to speak during the public comment period provided for each substantive issue under consideration, as well as general public comment periods provided at the end of each day’s meeting. In addition, most substantive issues before the Commission go through a workgroup process where consensus recommendations are developed by appointed representative stakeholder groups, providing additional opportunities for public input. Workgroup recommendations approved by the Commission usually require rule development to implement, affording at least two additional entry points for public comment.

Since its formation in July of 1998, The Commission has demonstrated a commitment to working with affected interests to build consensus on complex issues. The adoption of the first edition of the Florida Building Code (2001 Edition), developed from September 1998 through January of 2001, involved 27 Commission meetings, dozens of facilitated public workshops, and hundreds of TAC meetings. The Commission has consistently worked with all affected interests to build the best possible consensus-based decisions for the citizens of Florida.

Through its committees and workgroups of experts, the Commission has always developed its decisions on the results of the best engineering-based science available. Although the Code is by law a minimum building code, the Florida Building Code is the strongest consensus and science based building code in the country.

In summary, the Florida Building Commission provides a forum for stake-holders representing different interests to participate in a consensus-building process where issues affecting the construction industry are discussed and evaluated on their technical merits and cost-benefits to the citizens of the State of Florida.

SUMMARY OF RECOMMENDATIONS

Monitoring the building code system and determining refinements that will make it more efficacious is a primary responsibility of the Commission, and consequently the Commission is continually effecting refinements to the building code system by administrative rule amendment(s) where the statutes provide authority. However, the building code system is established in law, requiring that some refinements must be implemented through changes to law. The Commission’s recommendations for legislative actions designed to improve the system’s effectiveness are summarized as follows:

Ø The Commission, consistent with their policy regarding identification of specific standards in statute, recommends that ASCE 7-02, the minimum standard for wind resistant construction in the State, not be identified in Section 553.731, F.S., and recommends repeal of this provision.

Ø The Commission supports the Department of Children and Families’ (DCFS) recommendation to amend Chapter 553.79(9) to place construction regulations for secure mental health facilities under the jurisdiction of DCFS.

553.80 Enforcement.--

(1) Except as provided in paragraphs (a)-(f), each local government and each legally constituted enforcement district with statutory authority shall regulate building construction and, where authorized in the state agency's enabling legislation, each state agency shall enforce the Florida Building Code required by this part on all public or private buildings, structures, and facilities, unless such responsibility has been delegated to another unit of government pursuant to s. 553.79(9).

(a) Construction regulations relating to correctional facilities under the jurisdiction of the Department of Corrections and the Department of Juvenile Justice, and secure mental health treatment facilities under the jurisdiction of the Department of Children and Family Services, are to be enforced exclusively by those departments.

Ø The Commission supports the Department of Community Affairs’ (DCA) recommendation to amend Chapter 553, Part I, Sections 553.35 – 553.42 of the Manufactured (Modular) Building program clarifying the roles of the department and the commission; adding the word "modular" to the term "manufactured buildings" to differentiate from manufactured housing (HUD mobile homes); clarifying the requirements for the manufacturers' data plate (originally and erroneously contained in the DCA Insignia requirement); providing for disciplinary sanctions against a manufacturer (short of decertification); clarifying the foundation requirements of modular residences placed in mobile home parks, RV parks, or mobile home subdivisions; and, incorporating public school portable classrooms into the program and eliminating s. 553.415.

COMMISSION 2007 POLICY IMPLEMENTATIONS

The following are policy decisions by the Commission implemented during 2007 with existing Commission authority through administrative rule development:

Annual Interim Amendments to the Code

The Commission implanted changes to Rule 9B-3.050, the rule for Statewide Amendments to the Code. In 2006 the Code Amendment Process Review Workgroup delivered consensus recommendations to the Committee Organization and Process Ad Hoc Committee regarding proposed limitations for annual interim amendments to the Florida Building Code. The Commission received and unanimously adopted the recommendations at the December 2006 meeting. At the March 2007 meeting the Commission conducted a rule development workshop, and in June conducted a rule adoption hearing as the final step in the process to implement by rule the Commission’s policy for annual interim amendments to restricting annual amendments to Commission interpretations, emergency issues, updating referenced standards, consistency with federal and state laws rules and regulations, and coordination with the Florida Fire Prevention Code.

Commission Workgroups and Committee Alternates

The Commission implanted changes to Rule 9B-3.004, the rule regarding Commission Organization and Operations. At the December 2006 Commission meeting, an Ad Hoc committee of Commissioners, the Committee Organization and Process Ad Hoc Committee, met to review committee organization and process issues, including considering alternate members for TAC’s and workgroups. The Ad Hoc developed a package of consensus recommendations regarding alternate members which the Commission unanimously adopted. The Commission unanimously adopted the detailed policy and requirements for how this will be done at the December 2006 meeting, and at the March 2007 meeting the Commission conducted a rule development workshop, and in June conducted a rule adoption hearing as the final step in the process to implement by rule the Commission’s policy on alternate members for workgroups and TAC’s. The rule formalizes the Commission’s use of workgroups to develop consensus recommendations on special topics, and provides that non-Commissioner members of TAC’s and workgroups may recommend alternate members to participate and vote in their absence.

Commission Legislative Liaison Process

As a result of the recommendations the Commission approved from the Building Code System Assessment project, the Commission initiated a bi-weekly conference call during the 2007 legislative session as well as during the various special sessions conducted during 2007. The conference calls were noticed in the FAW as a meeting of the Commission, and members were provided with updates from staff on the status of the Commission’s legislative agenda as well as other issues of interest to the Commission. In addition, the Commission was able to discuss and develop recommendations and provide ongoing guidance to staff as appropriate, throughout the session(s).

Product Approval—Rule Adoption on Rule 9B-72

The Commission’s Product Approval Validation Workgroup worked for over a year to develop a consensus package of recommendations regarding the validation criteria for methods of demonstrating compliance with the Code, as required in the Product Approval Rule. The Workgroup concluded their work in June of 2006 and the Commission reviewed the recommendations during the fall of 2006. The Commission’s Product Approval POC held a special meeting on January 24, 2007 to review the proposed changes and provide the POC’s recommendations to the Commission. The POC met again on February 5, 2007 and reviewed and recommended to the Commission additional revisions proposed by staff, which the Commission adopted during a February Rule Development Workshop. In addition, the Commission conducted a supplemental rule development workshop at the May meeting and adopted additional Product Approval POC recommendations for revisions to the Rule including the integration of the Window Labeling Workgroup’s consensus recommendations for requirements for installation instruction submittals for product approval applications. In June the Commission conducted a rule adoption hearing and voted to conduct a supplemental hearing regarding a disciplinary process for validators. At the August 2007 meeting the POC recommended the Commission conduct an additional supplemental rule adoption hearing in order to provide the POC additional time to discuss a schedule of penalties. The October 2007 rule adoption hearing was the final step in the adoption of the current round of revisions to Rule 9B-72. At the conclusion of public comment an opportunity was offered for Commission discussion, and then the Commission voted unanimously to adopt the schedule of penalties for validators along with previously adopted changes regarding product validation criteria and to proceed with rule adoption for Rule 9B-72, Product Approval.

Prototype Building—Rule Adoption on Rule 9B-74

At the May meeting the Commission voted to conduct a rule development workshop on Prototype Buildings to decide how to deal with the Program losing its administrator after June 20, 2007.

The Program Oversight Committee made an effort to locate another program administrator, but due to a variety of factors there were no interested parties willing to continue with the program. As a result, at the June meeting the Commission conducted a rule development workshop and voted to repeal the program. The August rule adoption hearing was the final step in the process to repeal the program, and at the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-74, the Prototype Building Rule by filing the rule repealing the Program.

BUILDING CODE ISSUES FOR 2007

Hurricane Damage Investigations—Hurricane Research Advisory Committee

As a result of hurricanes affecting Florida during the 2004 and 2005 seasons, the Florida Building Commission’s Hurricane Research Advisory Committee (HRAC) continues to meet at most Commission meeting to review research and make recommendations to the Commission regarding proposed code enhancements and research needs. Some of the Committee’s recommendations were adopted with the 2006 Glitch Code amendments to the 2004 Code and others were adopted during the 2007 Code Update cycle, and still others will be implemented during the 2008 “Glitch” code annual interim amendment process. The Committee continues to consider enhancements to the Florida Building Code based on sound science. In addition, the Committee has recommended research to advance the science and allow the Commission to continually study and update the storm protection provisions of the Florida Building Code. The Committee is continuously monitoring current research and recommending the development of standards and installation practices related to protecting against wind damage and water infiltration.

During 2007 the Committee has developed and ranked a list of issues that require research and development in order to make Florida’s structures, and the products that comprise them, more storm resistant. Of particular note, water managed window and door installation requirements were developed, and the Commission worked with industry to ensure windows, garage doors and shutters are labeled in a way to provide building officials with the information they need, in a field useable format, to ensure that the correct products are installed according to the appropriate conditions of their use.

The Committee identified the following issues for additional research:

· Criteria for wind resistant soffits

· Criteria for wind-driven rain resistance of soffits

· Water managed window and door installation criteria

· Water managed criteria for dryer vents, electrical panel boxes, electrical boxes and vent fan hoods

· Soffit venting alternative designs

· Unvented attic alternative designs

· Water control for masonry, wood and other wall system types

· Blow-off resistance of aggregate on built-up and sprayed polyurethane foam roofs

· Window water leakage test and performance criteria for hurricane prone regions

· Securement of Lightning protection systems

· Wall paint

· Pressure coefficients for roof systems

· Attached structures

· Roof wall connection for mitigation

· Secondary water barrier standard development

· Protect habitat of birds/roof nesting- chuckle

· Impact of fencing/WBD

· Facing of Signs/ WBD

· Water control capability/necessity for shutter

· Rating system for opening protection product water resistance

· Probabilities of opening protection damage/failure and water intrusion do to that failure

· Field applied window films

· Implications of tile roof damage and WBD

· Installation contributions to product failures (end use to identify mandatory inspections)

· Certification of window installers (installation improvement)

· Education component

· Roof deck vents wind/water

· In-swing doors

The Committee prioritized for funding of research: sealing of masonry walls, soffit systems, window water infiltration standards, aggregate roof blow-off, testing procedures for hurricane zones, lightening protection systems, and tile roof systems.

During 2007 the Committee recommended and the Commission approved funding the following research projects:

The Commission voted unanimously to continue with the existing contract with Applied Research Associates (ARA)/University of Florida to conduct terrain effects studies for wind pressure design, but to modify the contract in order to not consider windborne debris, and to fund a new research project to develop insurance qualifying criteria for buildings built within 2500 feet of the coast after 2009. The Commission originally established a performance goal of developing criteria based on a 250 year storm event. Subsequently, at the October 2007 meeting the Commission voted to proceed with a 500 year windspeed return period, design exposure Category C, and no reductions allowed, for the coastal code plus performance criteria.

In addition, at the conclusion of Phase I of the windborne debris study the consultant identified that there is a need to research the windborne debris protection requirements for all of the state of Florida, and that enhanced protections may be necessary in other areas of the State. As a result, the Commission voted unanimously to contract with UF/ARA to research and develop recommendations for enhanced windborne debris protection requirements for the state of Florida.

The HRAC prioritized various research topics regarding resistance side component and cladding and MWFRS research, including developing a post hurricane building damage assessment survey contingency.

The Committee will meet next to receive updates on related research updates and projects, and to continue to develop consensus on recommendations to the Commission for additional code enhancements for the 2008 annual interim code amendment process.

Load Side Wind Pressure Research and Resistance Side Component and Cladding and MWFRS Research

The University of Florida, under contract with the Commission/DCA, is conducting testing for wind forces and resistance to wind forces for buildings and building components to assist the Commission in developing Code and product enhancements to resist the effects of wind pressure.

2007 Florida Building Code Update Process—Rule Adoption on Rule 9B-3.047 Florida Building Code

The adoption of the 2007 Florida Building Code (FBC) represented the second update and third edition of the Code. This was a major focus of the Commission in 2007 and represented initiation of the triennial code update process for the 2007 Edition of the FBC. The 2006 Edition of the International Building Code (IBC) was published in March of 2006, and the Commission’s process—which by law could not begin until six months after the printing and availability of the IBC—commenced in October of 2006 with selection of the 2006 I Codes as foundation for the 2007 Florida Building Code.

Florida Statute, Chapter 553.73(6), requires the Commission to update the Florida Building Code every 3 years; by selecting the most current version of the International Family of Codes; the commission may modify any portion of the foundation codes only as needed to accommodate the specific needs of this state, maintaining Florida-specific amendments previously adopted by the commission and not addressed by the updated foundation code. The Commission complied with this statutory requirement by selecting certain of the 2006 Editions of the I-Codes as the foundation code for the 2007 Code (Building, Residential, Mechanical, Plumbing, Fuel Gas, and Existing Building Codes). The Florida Electrical Code has already been updated with the Commission’s adoption of the 2005 NFPA 70: National Electrical Code.

The 2007 Edition of the Florida Building Code was completed as scheduled in 2007, and will be implemented on October 1, 2008. At the June 2007 meeting the Commission conducted a rule development workshop on Rule 9B-3.047, and after deciding on the TAC’s recommendations for modifications to the Code, moved to proceed with rule adoption integrating the Commission’s draft rule. In August of 2007 the Commission conducted a rule adoption hearing on Rule 9B-3.047, the Florida Building Code, as the next step in the Commission’s consideration of proposed modifications for the 2007 Update to the Florida Building Code. The 2007 Code Update process has been an exhaustive process beginning with the posting of proposed modifications to the Code for at least 45 days, followed by an extensive TAC review and recommendation process conducted in March of 2007 where extensive public comment was considered. The TAC’s recommendations were then posted for at least 45 days, and comments were compiled for a second TAC review at the June 2007 meeting where the Commission decided on TAC recommendations in a rule development workshop. During the June workshop the Commission discussed every modification that the public requested be re-evaluated prior to voting on the package of modifications to the Code. In fact, as Chairman Rodriguez noted that there has been extensive discussion at the TAC and Commission level, and the public had multiple and extensive opportunities to comment on proposed code amendments prior to the Commission’s final adoption of amendments for the 2007 Code Update at the August hearing. At the conclusion of the hearing in August of 2007, the Commission voted unanimously to proceed with rule adoption for Rule 9B-3.047, the Building Code Rule, integrating and noticing the approved changes recommended by DCA staff and identified in the matrix presented during the hearing, and proceeding with rule adoption without conducting an additional hearing, with an implementation date of October 1, 2008.

Recommendations adopted during the 2007 Code Update Process included:

· Energy Code revisions

· Accessibility code updates

· Window labeling requirements

· Window installation instructions

· Shutter and garage door labeling requirements

· Termite provision enhancements

· Correlation between the FBC and FFPC including path of travel provisions

· Water and air intrusion enhancements

· Exposure Category C definition

· Elimination of Panhandle wind-borne debris protections requirements exemption; amending the 2004 Code to eliminate wind-borne debris protection exemptions less stringent than those of the 2006 IBC and 2006 IRC

· Mitigation techniques for the retrofit of existing site-built residential buildings

· Electrical bonding and grounding for swimming pool decks

· Warehouse expansion sprinkler requirements

· Carbon monoxide detector requirements

· Elimination of “Interior Pressure Design” option for buildings in Wind-Borne Debris Regions

· Product validation criteria for methods of demonstrating compliance with the Code (Product Approval Rule change)

· Schedule of penalties for product approval validation entities (Product Approval Rule change)

In the process of considering amendments to the 2004 Florida Building Code the Commission evaluated the following considerations and findings:

A. The amendment has a reasonable and substantial connection to the health, safety, and welfare of the general public; and,

B. The amendment does not degrade the effectiveness of the Code and either strengthens or improves the Code or provides for innovation or new technology by allowing equivalent or better products, methods, or systems of construction; and,

C. The Amendment does not discriminate against products, methods, or systems of construction of demonstrated capabilities; and,

D. The Amendment has the following fiscal impact:

1. The fiscal impact of enforcement imposed upon local government is as indicated by TAC review.

2. The fiscal impact of compliance imposed upon property and building owners is as indicated by TAC review.

3. The fiscal impact of compliance imposed upon industry is as indicated by TAC review.

E. The Amendment’s benefits noted with regard to fiscal impact and efficacy outweigh the costs imposed.

F. The Amendment addresses a Florida-specific need.

G. The Amendment does not diminish requirements related to wind resistance or prevention of water intrusion contained in the Code or its referenced standards and criteria.

It should be noted that with the adoption of the 2007 Edition of the Florida Building Code the Commission also implemented a variety of legislative assignments and additional enhancements to the Code’s wind and water intrusion related hurricane and storm provisions.

Florida Accessibility Code—Rule Adoption on Rule 9B-7.0042

The Commission conducted rule development on the Florida Accessibility Code in order to implement the Accessibility TAC’s recommendations to the Commission regarding integrating the parking standards moved from the DOT statute to the Accessibility Code Statute into the Florida Accessibility Code for Building Construction. In August of 2007 the Commission conducted a hearing as the final step in the process to implement by rule the Accessibility amendments. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-7.0042, the Florida Accessibility Code Rule, integrating and noticing the approved changes and proceeding with rule adoption without conducting an additional hearing.

The Florida Accessibility Code is not amended under the same procedures as the rest of the Florida Building Code which follow the process as required by Chapter 553.73, F.S. The Accessibility Code is amended pursuant to the Accessibility Code Statute via the Accessibility Code Rule, and by law the Florida Building Code is then deemed amended. In addition, by law the Commission can only amend the Accessibility Code to adopt new editions of the Federal ADA Accessibility Guidelines or to integrate accessibility requirements placed in Florida law.

Florida Accessibility Code—Rule Adoption on Rule 9B-7.003

The Commission conducted rule development on the Florida Accessibility Code in order to implement the Accessibility TAC’s recommendations to the Commission regarding updating the accessibility waiver request form. At the June hearing the Commission voted to conduct a supplemental rule adoption hearing in order to role in Rule 9B-7.003, the accessibility waiver application form. In August of 2007 the Commission conducted a rule adoption hearing as the final step in the process to implement by rule the Accessibility amendments. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-7.003, the Florida Accessibility Code Rule by filing the rule.

Glitch Amendments to the 2007 Florida Building Code—2008 Annual Interim Amendments

During 2008 the Commission will conduct its annual interim amendment process by focusing on correcting glitches to the 2007 Florida Building Code including enhancements to the wind loss mitigation provisions adopted into the 2007 Code. The deadline for submittal of proposed Glitch amendments is June 1, 2008 and following rule development in June and August, amendments will become effective on September 27, 2008, prior to the October 1, 2008 effective date of the 2007 Edition of the Florida Building Code.

It should be noted that the Commission’s policy for annual interim amendments restricts amendments to Commission interpretations, emergency issues, updating referenced standards, consistency with federal and state laws rules and regulations, and coordination with the Florida Fire Prevention Code.

Development Process for the 2010 Florida Building Code

The Commission is required by law to update the Florida Building Code (Code) every three years, and the 2007 Edition represents the second update and third edition of the Code. The update process is based on the code development cycle of the national model building codes which serve as the “foundation” codes for the Florida Building Code. National model building codes and most engineering standards are updated every three years and the intent is to keep the Code up-to-date with evolving national standards of health, safety and welfare of the public. In 2008 Chairman Rodriguez will appoint a study committee which will develop recommendations which the Commission will consider and adopt following a public hearing conducted in mid-year 2008.

2007 LEGISLATIVE ASSIGNMENTS

2007 WIND RELATED RECOMMENDATIONS

Coastal Code Plus Criteria for Increasing the Hurricane Resistance of Buildings

The Commission voted unanimously to contract with Applied Research Associates (ARA)/University of Florida to fund a new research project to develop insurance qualifying criteria for buildings built within 2500 feet of the coast after 2009. The Commission originally established a performance goal of developing criteria based on a 250 year storm event. Subsequently, at the October 2007 meeting the Commission voted to proceed with a 500 year windspeed return period, design exposure Category C, and no reductions allowed, for the coastal code plus performance criteria. At the December 2007 meeting the Commission voted to recommend the following Coastal Code Plus criteria for use by Citizens Insurance:

Ø Single wind speed per county based on 2007 calculations for 500 year recurrence interval hurricane

Ø High Velocity Hurricane Zone wind-borne debris protection criteria- (per the Florida Building Code)

Ø Building elevations based on 2007 calculations for 500 year recurrence interval hurricane

Wind Mitigation Retrofits—Rule Adoption on Rule 9B-3.0475

At the June 2007 meeting the Commission conducted a rule development workshop on wind mitigation retrofits in order to implement the 2007 legislative direction regarding developing mitigation techniques for the retrofit of existing site-built residential buildings. In addition, at the request of stakeholders the Commission conducted a facilitated workshop in Tampa on August 8, 2007 and participants provided recommendations for the Commission’s consideration regarding the legislative directive. At the August 2007 meeting the Commission conducted a rule adoption hearing and voted to adopt the first edition of prescriptive techniques for required hurricane mitigation retrofit of homes by deck nailing, secondary water barriers installation, and roof to wall connections enhancement when a roof is replaced and voluntary gable end bracing in time for the Legislature’s mandated implementation date of October 1, 2007. The Commission also voted to support the Florida Roofing and Sheet Metal Association’s request that the Legislature delay implementation of the mitigation requirements. The Commission recommended that the Florida Legislature delay the implementation date to October 1, 2008 allowing adoption of the rule through the Commission’s Glitch Amendments to the 2007 Florida Building Code process. The reason(s) for the recommended delay included the issues identified by stakeholders during the rule adoption hearing (i.e., licensure issues, permitting issues, liability issues, inspection and enforcement issues, structural efficacy issues regarding the roof-to-wall requirements, and the need to conduct a comprehensive review and development of recommendations working with all interested stakeholders). In order to comply with the 2007 Legislature’s direction for an October 1, 2007 implementation date, at the August 2007 Commission meeting the Commission adopted Rule 9B-3.0475, Wind Mitigation retrofits. However, during the rule development process the public identified numerous concerns with some of the Rule’s requirement including the roof to wall connection provisions, and as a result the Commission acknowledged that the current draft needs enhancements and the Commission committed to working with stakeholders during the Glitch Code process to consider enhancements to the Rule. As a result Chairman Rodriguez appointed a Wind Mitigation Workgroup to develop recommendations to the Commission on the wind mitigation provisions for implementation during the glitch code amendment process.

Florida Building Code Wind-Borne Debris Protection—Rule Adoption Hearing on Rule 9B-3.047 In order to implement the legislative requirements from the special session regarding eliminating wind-borne debris protection exceptions (the Panhandle windborne debris region requirements) less stringent than those of the 2006 IBC and IRC by June 1, 2007, the Commission voted unanimously at the March 2007 meeting to limit the scope of rulemaking for Rule 9B-3.047 regarding implementing the legislative requirements to the following: revising the wind speed map to remove the Panhandle exception to the wind-borne debris region, revising the definition of “Wind Borne Debris Region” to remove the Panhandle exception, and removing the interior pressure design option from the Code, and to conduct only a rule adoption hearing without a rule development workshop. The rule development adopted the ASCE-7 120 mph and greater criteria for WBD regions in the Panhandle to be consistent with the rest of the State, with the exception of the higher requirements for the HVHZ. The adopted provisions define the Wind-Borne Debris Region as follows: portions of hurricane-prone regions that are within 1 mile of the coastal mean high water line where the basic wind speed is 110 mph or greater, or portions of hurricane-prone regions where the basis wind speed is 120 mph or greater.

The March 2007 rule adoption hearing was the final step in adopting the wind-borne debris protection requirements by the July 1, 2007 date mandated by the Florida Legislature. At the conclusion of the hearing the Commission voted unanimously to accept the rule language as drafted, and to proceed with rule adoption for Rule 9B-3.047, Florida Building Code Wind-Borne Debris Protection as required by the Florida Legislature.

Of note, one of the Legislative mandates pertaining to wind speed lines in the Panhandle and prohibiting the internal pressure design option throughout the State was codified in Florida Statutes at Section 553.731. The result is that Florida Law currently recognizes ASCE 7-02 as the minimum standard for wind resistant construction in the State notwithstanding the status of the Code and any developments to the standard subsequent to 2002 despite the fact that the bill adopting the source language of the statute specifically and intentionally intended its effect to be superceded by Commission rulemaking. The Commission has consistently opposed identification of standards in statute and advocates for repeal of this provision.

Elimination of the “Design for Internal Pressure” Option for Buildings in Wind-Borne Debris Regions

With the adoption of the 2007 Florida Building Code the Commission implemented the legislative mandate to eliminate the interior pressure design option in the Code for buildings in the wind-borne debris regions of Florida consistent with provisions of the IBC and IRC. This change requires that windows in buildings located in wind-borne debris regions shall have glazed openings protected from wind-borne debris, and may no longer be designed as a partially enclosed building.

Delayed Implementation of Design for Internal Pressure

In accordance with the requirements of CS for SB 2498, the Commission notified building departments and the construction industry of the legislatively prescribed delay and new implementation date of June 1, 2007.

OTHER 2007 LEGISLATIVE ASSIGNMENTS RECOMMENDATIONS

Carbon Monoxide Detectors—Rule Adoption on Rule 9B-3.0472

At the June 2007 meeting the Commission conducted a rule development workshop on carbon monoxide detectors in order to implement the 2007 legislative direction regarding the issue. The rule requires CO detectors in buildings with fossil fuel burning heater, or appliance, fireplace, or attached garage rooms used for sleeping purposes. In August of 2007 the Commission conducted a rule adoption hearing as the final step in the process to finalize the rule. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-3.0472, Carbon Monoxide Detectors, integrating and noticing the approved changes recommended by the Mechanical and Electrical TAC’s and proceeding with rule adoption without conducting an additional hearing. Specific carbon monoxide detector criteria will be developed and adopted into the Code during the 2008 Glitch Code process.

Electrical Bonding of Pool Decks—Rule Adoption on Rule 9B-3.0477

At the June 2007 meeting the Commission conducted a rule development workshop on electrical bonding of pool decks in order to implement the 2007 legislative direction regarding the issue.

In August of 2007 the Commission conducted a rule adoption hearing as the final step in the process to finalize the rule. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-3.0477, Electrical Bonding of Pool Decks, by filing the Rule.

Gravel Roof Covering Research. The Commission contracted with the University of Florida to conduct a literature review regarding gravel roof coverings in order to assist the Commission in completing their legislative assignment regarding whether gravel or stone roofing systems should be eliminated from the Code per the 2006 International Building Code. The Commission is documenting and evaluating the following issues for determining whether to eliminate the systems from Code:

· Scientific basis or reason for elimination,

· An available alternative equivalent in cost and durability,

· Whether elimination will unnecessarily restrict or eliminate business or consumer choice in roofing systems,

· And in coordination with Fish and Wildlife Conservation Commission, whether elimination will negatively affect the nesting habitat of any species of nesting bird.

Education on Code Changes

The Commission voted unanimously to amend an existing contract with Building a Save Florida (BASF) to design and provide education and training on 2007 special session legislation including the changes revising the wind speed map to remove the Panhandle exception to the wind-borne debris region, revising the definition of “Wind Borne Debris Region” to remove the Panhandle exception, removing the interior pressure design option from the Code, and insurance discounts for complying.

Sprinklering Existing Portions of Warehouse Expansions

In accordance with the requirements of CS for SB 404, the Commission posted notice of the statutory requirements on the Commission’s website and notified building departments and BOAF regarding the removal of the Florida specific Code requirements that required adding sprinklers to existing portions of a warehouse when the building was expanded. The new statutorily mandated provisions, that do not require adding sprinklers to existing warehouse portions providing they meet other requirements, were implemented with the adoption of the 2007 Florida Building Code.

COMMISSION 2007 ENERGY RELATED RECOMMENDATIONS

Energy Code Evaluation

The Commission evaluated the Energy Code provisions of the Florida Energy Code during the 2007 Code Update process and effected enhancements with the adoption of the 2007 Florida Building Code. The following major changes were made to Chapter 13 of the Florida Building Code, Building:

Performance-based requirements were removed from the text and added to the appendices.

Residential Code

In minor areas where the residential Baseline features differed from those in the International Energy Conservation Code (IECC), Baseline features were revised to reflect those in Section 404 of the IECC.
The performance-based code compliance tool (Method A) was replaced with a more comprehensive computer program, EnergyGauge USA.
The old hand calculation (Alternate Method A) was retained in an appendix.
The prescriptive compliance method (Method B) was revised to a single list of requirements comparable to those in the Section 402 of the IECC, although glazing was limited to 16 % of floor area when using this method.
Residential energy code provisions were included in the Florida Building Code, Residential, as Chapter 11 and Appendix G.

Commercial Code

Updated to the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE) Standard 90.1-2004.

Energy Efficiency and Moisture Control in the Florida Climate Forum

As a result of an identified need, Chairman Rodriguez announced that there would be a “Symposium on Energy Efficiency and Humidity Control in Florida Homes”. The idea for the Symposium derived from discussions at the Energy Code Work Group meetings, primarily between the window manufacturers and air conditioner manufacturers. The Workgroup process identified the need for a technical forum to discuss how energy efficiency measures that effect "sensible heat" gains impact air conditioning equipment's ability to control indoor humidity. Industry stakeholder put this workshop together with the help of Commission staff. The goal of the Symposium is to create a broader base of understanding on how building envelope energy efficiency measures interact with air conditioning systems so we can better plot a strategy to improve energy efficiency while maintaining healthy indoor environments.

The “Symposium on Energy Efficiency and Humidity Control in Florida Homes” was held on February 28, 2007 in Tampa, at the Doubletree Hotel, Tampa Westshore Airport location. Two factors led to the organization of the Commission-sponsored symposium on energy efficiency and humidity control of February 2007. First, the uncertainties regarding humidity control with current construction practices and new air-conditioning equipment complying with federal SEER standards. Second, the renewed interest in energy conservation by the Florida Legislature and advocacy for national efficiency standards at the Commission. The purpose of the symposium was to educate non-air-conditioning professionals on the humidity control challenge and to identify actions that can be taken and options that can be pursued to maintain humidity control and healthy environments while enhancing energy conservation standards for Florida buildings.

Symposium participants identified two major options to be pursued through several actions. The first, and potentially most difficult, is education of the air-conditioning service industry, homebuilders and consumers about the humidity control and indoor air quality problems resulting from equipment over-sizing and poor air distribution systems. The second is to work with equipment manufacturer’s research and development teams to develop design parameters for equipment that can reliably increase the latent load removal capacity of equipment. The three major manufacturers represented at the symposium committed to working on improved equipment. These two paths provide the Commission with opportunities to keep in balance, while advancing, the two primary policies of the State:, energy conservation and healthy indoor environments. The Commission continues to work with stakeholders to ensure the Florida energy Code contains energy efficient provisions based on sound science and implementable technology.

Forum participants agreed on and prioritized the following eight key issues: proper design considerations/ standards (sizing), education & training on how all components interact, enforcement & compliance, changes to the Building Code, cost/benefit considerations, research, the interface between technologies & how they work as a system (technologies includes building practices & techniques), and the pace of implementation and incorporating feedback from stakeholders for implementation.

An education and outreach plan is being developed and coordinated with the Commission’s Education and Outreach Program coordinator for implementation.

Green Building Workgroup

The Green Building Workgroup is working with FSEC to develop recommendations for a model efficiency ordinance for residential development. FSEC will provide additional research and support by identifying and soliciting input from local governments and other organizations with current and developing initiatives for energy conservation, green building and sustainable development, including but not limited to, energy and water conservation and hurricane resistant buildings and communities.

The Green Building Workgroup is working with FSEC to develop recommendations for

developing and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green and implement the components deemed feasible within the funds

available through this contract. The public awareness campaign shall include website, trade

show, print media and television strategies. FSEC will provide additional research and support by identifying strategies for using print advertising, press releases, and television advertising to promote voluntary utilization of energy efficiency and green building practices and to present recommendations to the Commission at the December 2007 meeting for approval. The campaign focuses on the benefits of promoting energy efficiency to the purchasers of new homes, the various green building ratings and labels available, and the promotion of various energy-efficient products through existing trade shows. The Workgroup met three times in 2007 and developed a package of consensus recommendations for the Commission to consider at their December 2007 meeting. The Workgroup process commenced with a Forum where all participants were invited to provide their recommendations which were compiled and presented to the Workgroup for evaluation. The Workgroup met throughout the fall of 2007 and was able to evaluate and reach consensus on a broad sweet of options regarding recommendations for a model efficiency ordinance for residential development, and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green.

The website plan is for a comprehensive single-source website that will be developed in two phases. The key components of each phase is as follows:

Phase One – Completion by January 01, 2008

Solicit additional input from public and interested parties regarding inclusive content
Determine most effective content organization
Explain cost vs. benefits of energy and water efficiency
Provide links to all Florida utility energy analysis tools
Provide a consolidated list of energy efficiency tips
Provide links to relevant Web sites
Provide list of rebates and incentives
Provide frequently asked questions and answers

Phase Two – June 20, 2008

Develop a Florida-specific energy calculation tool
Showcase Florida green buildings
Provide testimonials of green building owners
Provide case studies of near zero energy homes and buildings
Provide green maintenance and operation practices for building owners
Develop database of local and state green ordinances
Develop database of financial incentives, including rebates and energy-efficient mortgages
Updating of Energy Efficiency Standards for Energy Using Products

Amend the Florida Appliance Efficiency Standards to Require 15% More Efficiency

The Department of Community Affairs (DCA) is working with a consultant to develop recommendations for the Commission’s evaluation and delivery to the 2008 Florida Legislature.

Energy Code Evaluation for Residential Cost-Effective Baseline and Commercial Conservation Enhancements

The Commission is funding research in order to evaluate the Florida Energy Code for residential cost effective baseline, commercial conservation enhancements, and comparison to the IECC, ASHRAE 90.1 and 90.2.. The consultant will deliver recommendations to the Commission’s Energy TAC who will develop recommendations to the Commission for delivery to the 2008 Florida Legislature.

Amend the Florida Energy Code to Require 15% More Efficiency in Buildings

Governor Crist issued Executive Order 07-127 establishing actions to reduce greenhouse gas emissions within Florida, and a component of the EO has an impact on the energy performance requirements of the Florida Energy Code. DCA Secretary Tom Pelham attended the Commission’s October 2007 meeting to detail the Governor’s requirements. Secretary Pelham reported that Governor Crist has committed his Administration to charting a new direction in energy policy in Florida. The Secretary stated that in Executive Order 07-127 the Governor made two statements that require immediate attention:

“Global climate change is one of the most important issues facing the State of Florida this

century” and,

Immediate actions are available and required to reduce emissions of greenhouse gases within

Florida.”

The Executive Order directs the Department of Community Affairs and the Florida Building

Commission to work together to revise the Florida Energy Code for Building Construction to

increase the energy performance of new construction in Florida by at least 15 percent.

It also instructs DCA to initiate rulemaking on Florida appliance efficiency standards, with the

objective of increasing the efficiency of appliances by 15 percent. The Governor has charged

DCA and the Commission with accomplishing these tasks by 2009.

The Commission is currently reviewing energy related code amendments adopted in the 2007 Florida Building Code Update to determine their cumulative level of increased efficiency, and the Commission will adopt additional amendment required to achieve Governor Crist’s directive of 15% increased efficiency by January 1, 2009 using procedures of Part VI, Chapter 553, F.S. The Energy Code will be amended by administrative rule authorized by that part then the revised Energy Code will be adopted into the 2007 Florida Building Code during the 2008 “glitch” cycle and in advance of the effective date of the 2007 Florida Building Code.

Implementation of Electrical System Requirements of the Energy Efficiency Code

In 2006, the Commission convened a Forum on Energy Code Electrical Requirements Enforcement to review concerns and discuss issues related to the implementation of Energy Code electrical requirements from an enforcement perspective. The concern is how to enhance education and awareness of the Florida Energy Efficiency Code for Building Construction and electrical load management. These requirements were adopted over 15 years ago, and reports indicate that some regions of the State have not been enforcing the provisions. In order to ensure that the Energy Code’s electrical requirements are being uniformly enforced across the State, the Commission charged DCA staff with developing a workplan to implement the education and outreach recommendations for enforcing the Energy Code’s electrical provisions.

During 2007 notices regarding the current electrical provisions were placed on the Commission and BOAF websites, BOAF developed and conducted an education training course on the issue, and the topic was included in the Education and Outreach contract for FY 2007/2008.

OTHER COMMISSION 2007 INITIATIVES

Termite Workgroup Recommendations

Chairman Rodriguez appointment a termite workgroup to consider proposals for enhancing the Code’s termite provisions. The Workgroup was conducted as a facilitated stakeholder consensus-building process, and during 2006 the Workgroup developed recommendations on proposed code amendments and enhancements to the existing termite provisions in the Florida Building Code.

During 2007 the Workgroup was reconvened and given a Phase II scope and purpose to consider two issues referred by the Structural TAC from the March 2007 TAC review process for proposed modifications for the 2007 Code Update process. The first issue was to consider options for addressing the potential for termite entry though the annular space created from sleeved pipes penetrating foundations, identified in “modification 2009” proposed to amend Chapter 1816.2.

The second issue was to review a proposal regarding Termite Resistant Materials proposed to amend R320.

Of particular note is the collaboration between the Commission and the Department of Agriculture and Consumer Services (DACS) to review and propose revisions to the Code’s termite provisions.

Following are the Workgroup’s consensus recommendations:

Sleeving of pipes to prevent termite entry:

When protective sleeving is used, the nominal thickness of the sleeving shall be 0.025”, and shall be sized appropriately relative to the pipe’s size, and shall be sealed within the slab using a non-corrosive mechanical clamping device to eliminate the annular space between the pipe and pipe sleeve.

Code recommendation:

Regarding the proposed modification to R320, Termite Resistant Materials the Workgroup reviewed and agreed not to support any of the code proposals for changes to this section of the Code. The Workgroup determined that the existing Code adequately addressed the issue of termite resistant materials and the proposed changes provided no enhancements to the Code.

Windows Workgroup Recommendations

Chairman Rodriguez appointment a Window Labeling Workgroup whose purpose was to provide recommendations for providing building officials with needed information for conducting field inspections to ensure windows comply with the relevant wind pressure Code requirements. In addition, the workgroup was charged with considering issues related to window installation and water intrusion. The Workgroup developed recommendations to the Florida Building Commission regarding the window labeling provisions of the Florida Building Code during 2006, and the recommendations were implemented through the adoption of the 2007 Florida Building Code. During 2007 the Workgroup was charged with developing consensus recommendations for a template for installation instructions submitted for product approval submittals which were adopted by the Commission and integrated into the Product Approval Rule. Following are the Workgroup’s consensus recommendations:

Installation instructions shall indicate the following:

The maximum rough opening gap between the product and the substrate that it is being attached to.

The type, and grade of anchor, and/or manufacturers anchor specifications; including minimum nominal size, minimum penetration into substrate, and minimum edge distances.

The type, physical dimensions, material and grade of any accessory item or strap, if applicable.

The spacing of anchors, shims, accessory items and straps.

Illustrated diagrams of the attachment of the product to the structure.

Code Administration Assessment Project Update

One of the Florida Building Commission’s responsibilities is making a continual study of the Florida Building Code and related laws, and on a triennial basis reporting findings and recommendations to the Legislature. The first triennial assessment was conducted in 2005 and recommendations were reported to the 2006 Legislature. A variety of issues were identified during the course of the assessment survey and Ad Hoc Committee review process, and one of the recommendations developed and adopted by the Commission was to conduct an assessment of local building officials on their needs regarding administration of the Florida Building Code (Code). Some of the key issues identified during the review process included training and education, communication and outreach, staffing and qualifications, interpretations and appeals, funding, and state oversight.

Local administration and enforcement of the Code is one of the key foundations of the Building Code System, and during 2007 the Commission sought the views of local jurisdictions—of all sizes and in all geographic regions of the State—on their perspectives and needs regarding the local administration of the Code, as well as their recommendations for measures to improve the uniform and effective enforcement of the Code, including how the Commission could best assist local jurisdictions relative to the administration of the Florida Building Code. The Florida Conflict Resolution Consortium at Florida State University (http://consensus.fsu.edu/) designed and conducted an on-line survey in order to ensure that the needs and views of the broadest possible spectrum of local jurisdictions were considered during the survey which was linked to BOAF’s website and distributed to BOAF’s members. The Survey was completed and reviewed with the Commission at the October 2008 meeting.

The code administration assessment survey was the first step in the process of evaluating the enforcement aspects of the Florida Building Code System and will serve as the basis for an assessment report with recommendations in 2008, followed by a review of the topic by the Commission’s Code Administration TAC, who will in turn make recommendations to the Commission.

BUILDING CODE SYSTEM

FBC and FFPC Duplicate Provisions and Overlapping Responsibilities

The Florida Building Code and the Florida Fire Prevention Code, by design, contain overlapping technical provisions in order to ensure that buildings are designed and constructed with life-safety considerations as an integral part of both. In order to design buildings of certain size and occupancies both codes must be used together and one code may trigger the use of the other. In some instances the same provisions are in both codes, this is referred to as duplicate provisions.

In other instances one code may reference the other, and in a few cases the two codes have conflicting requirements. In addition, the enforcement of the two codes, from plans review through final inspection, involve building and fire officials at the local, and in the case of fire, sometimes at the State level.

The Joint Fire TAC and Fire Code Advisory Council continued to meet throughout 2007 to consider how to clarify/resolve issues regarding the duplicate provisions and overlapping responsibilities between the Florida Building Code and the Florida Fire Prevention Code. The Joint TAC achieved consensus on the following policy in regards to overlapping responsibilities and code provisions between the FBC and FFPC.

Continue to utilize Florida Statutory provisions as the tool to resolve conflicts. Continue to review both codes to correct conflicts. There will continue to be a consistent review of both codes.

In conformance with the Commission’s policy decision, that conflicts between the codes should be identified and resolved on an ongoing basis, the Joint TAC reviewed specific code requirements for recommendations to the Commission regarding proposed amendments to the 2004 Code during the 2007 Code Update process by resolving specific conflicts between the respective codes regarding path of travel conflicts between the Codes. The TAC’s recommendations were ultimately adopted by the Commission and implemented during the 2007 Code Update process.

PRODUCT APPROVAL SYSTEM

Product Approval Rule Amendments

With the significant enhancements to the Product Approval system implemented through revisions through Rule 9B-72, State Product Approval—details of the revisions were described in the 2006 and 2007 Reports to the Legislature—and the hiring of a Product Approval administrator to process applications, the Product Approval System is functioning more efficiently and user satisfaction, as determined by surveys, is very high.

The new revisions included clarifications to the Rule’s various provisions, and enhancements to the application review process including requiring additional supporting documentation. The Rule revisions include implementing the statutory requirement to remove provisions related to local approval from the State system. In addition, the rule revisions clarify the technical documentation required for compliance using testing and evaluation reports. Enhancements to the rule also included items such as requiring installation documents to be submitted for all compliance methods including the verification of the instillation requirements by qualified entities. The Commission concluded rulemaking to implement enhancements to the validation requirements of the Product Approval Rule in October of 2007, and adopted additional Product Approval POC recommendations for revisions to the Rule including product validation criteria and the integration of the Window Labeling Workgroup’s consensus recommendations for requirements for installation instruction submittals for product approval applications. Working with stakeholders the Commission also clarified instructions for how manufactures may obtain product approval via associations.

Another major enhancement to the Product Approval system is the complete revamping of the BCIS website/database, using state-of-the-art computer software and web-design. The new website is more user friendly and provides formatting with screens that are more specific to the product model(s), and providing more detailed summary screens.

During 2007 the Commission implemented the following changes to the BCIS:

1. March 2007: Manufactured Buildings Module Deployment was added.

2. June 2007: Several Binding Interpretations enhancements including requiring the attachment of the Petition Submitted to Board, and the Board’s Final Order, adding email communication to BOAF and DCA throughout the Petition and Binding Interpretation process, and updating the system to ensure the Petition # and Binding Interpretation # match.

3. June 2007: Tree Structure pages per system module were added.

4. July 2007: Product Approval Administrator changeover was effected.

5. August 2007: Additional Product Approval search capabilities were added to the system.

Since inception, the Commission has approved 2,393 product applications under the 2001 Florida Building Code, and 4,926 product applications under the 2004 Florida Building Code. In addition, the Commission approved 62 testing laboratories, 30 quality assurance entities, 7 accreditation bodies, 5 evaluation entities, 15 certification agencies, and 23 evaluation entities. In addition, the Commission has approved 20,166 products under the 2004 Code. Following are relevant product approval system statistics since inception:

Applications Inception to 12/2007 1/1/2007 to 11/6/2007

Approved 2001 Applications 2,394 2

Approved 2004 Applications 5,260 1,423

Products Inception to 12/2007 1/1/2007 to 12/2007

Approved 2001 Products 11,918 3

Approved 2004 Products 21,342 4,279

Entities Inception to 12/2007 1/1/2007 to 12/2007

Approved Testing Laboratories (TST)

Not Expired 43 4

Including Expired 62 4

Approved Quality Assurance Entities (QUA

Not Expired 25 2

Including Expired 31 2

Approved Accreditation Bodies (ACC)

Not Expired 6 0

Including Expired 7 0

Approved Evaluation Entities (EVL)

Not Expired 5 0

Including Expired 5 0

Approved Certification Agencies (CER)

Not Expired 14 1

Including Expired 15 1

Approved Validation Entities (VAL)

Not Expired 17 1

Including Expired 24 1

EDUCATION SYSTEM

The state building code system, first established in 1974, was overhauled in 1998 to improve its effectiveness. The Legislature recognized the effectiveness of the Florida Building Code depended on the various participants’ knowledge of the codes. The Building Code Training Program was intended to improve compliance and enforcement by providing a focus for code-related education through coordination of existing training resources, including those of universities, community colleges, vocational technical schools, private construction schools and industry and professional associations.

During 2007 the Commission’s Education Program Oversight Committee (POC), working with the program administrator and other entities, developed outreach initiatives for Florida construction and design industries for the purpose of ensuring these licensees are informed about Florida Building Code requirements and aware of specific duties there under. Initiatives developed include outreach for mandates such as changes in code, law, and standards; outreach to inform licensees of resources, training opportunities, and reminders of obligations; and outreach on technical information and compliance requirements.

The POC drafted education outreach programs through a clearinghouse to achieve the ultimate goal of ensuring licensee understanding and compliance. A primary role of the clearinghouse for education outreach programs is to ensure that all licensees (and others) have access to as much information as possible, including available education providers and courses, resources, and sources of codes-related information both technical and practical and have a means for providing input to determine the need for education and outreach.

The Commission coordinated outreach education program availability through the use of a structure that includes an informational website, access to materials and courses, possible use of mailings and presentations, and a mechanism for telephone, facsimile, or electronic mail inquiries. Crucial to this coordination is participation from the respective licensee trade and professional associations.

The POC worked to coordinate advanced course subjects as first proposed by the Building Codes Education and Outreach Council* for development of a list of topics that education providers can develop to assist licensees in meeting their continuing education requirements and improving Florida Building Code knowledge and compliance. The complete list is available in the final report of the Building Code Education and Outreach Council Administrator and includes such topics as accessibility, water conservation through storm water design, roof gardens and green roofs, LEED related topics (landscape architecture perspective), several topics relating to the Florida Energy Code and the Florida Building Fire Prevention Codes, and more. In addition to course topics, a way to encourage development of a greater number of courses was also proposed.

A work plan was drafted for approved subject education and training through the use of surveys and resulting recommendations and input for modifications to the established processes and systems for course review and approval and access to information about courses. The work plan includes four steps as follows: 1) identify training needs in a systematic manner; 2) share survey results with regulatory (licensing) boards and associations and seek feedback or change; 3) ensure further research and discussion with education providers on education needs and available courses; and 4) improve access to information for all licensees about available courses in a way that allows education providers to focus on course presentation, rather than marketing the availability of courses. In addition, an initiative for remedial education and training was proposed as a separate and distinct program to address areas where compliance or comprehension are a problem.

The POC developed and Commission approved a list of proposed course subjects that updates and augments the earlier developed list. The complete list is available in the final report of the Building Code Education and Outreach Council Administrator and includes such topics as a greater variety of roofing courses, how to build green, fire walls, doors, and smoke detectors, coastal or steel inspections, building department management, understanding and applying Florida Building Code for facilities in the high-velocity hurricane zone for engineers, understanding and applying Florida Energy Code commercial building compliance methods for HVAC systems and calculations for total building compliance and for lighting and electrical systems, and more.

An overarching conclusion, detailed in the report of the Building Codes Education and Outreach Council Administrator, is that education and training for the design and construction industries in Florida will benefit greatly from a well-developed single source of information so that all interested parties can go to one entity and one location to find information on available courses, licensing requirements, related materials, and opportunities for course development. Access to such information and materials must be such that it is easy and useful for infrequent users, and it must be based primarily on the needs of the affected licensees required to comply with the Florida Building Code. The ways to accomplish the needed changes are:

Ÿ Bring together in one place all information relating to available and approved continuing education courses including all types of courses

Ÿ With all information gathered, determine if and where gaps exist

Ÿ Take steps to close the gaps

Ÿ Encourage interaction and sharing among education providers

Ÿ Address practical process problems for providers and licensees

Ÿ Address access problems for licensees

Ÿ Eliminate existing barriers to development of a greater number and variety of advanced codes courses

Ÿ Expand and adjust the available methods of delivery of courses

Ÿ Develop distinct structure and criteria for remedial courses

Ÿ Address timing conflicts and discrepancies that exist for continuing education

*The Building Codes Education and Outreach Council was repealed by the Florida Legislature in chapter 2007-187, Laws of Florida, now in effect.

Manufactured Buildings Program

The Manufactured (Modular) Buildings Program is authorized under Chapter 553, Part I F.S. and Rule 9B-1, FAC, and regulates all factory-built buildings constructed to the Florida Building Code (FBC), of closed construction (excluding HUD standard mobile homes). All approved buildings must bear the Department of Community Affairs (DCA) Insignia, which attests to compliance with the FBC prior to leaving the factory.

Certification of manufacturers’ facilities, quality assurance manuals, plan reviews, product approval and in-plant inspections of modular buildings are performed by state approved Third Party Agencies, licensed under the Department of Business & Professional Regulation, and acting as an agent for the State.

The sale of modular buildings in Florida is a multi-hundred million dollar industry, largely due to State growth and hurricanes, exemplified by the FY07-08 sales of DCA insignias as follows:

Storage Sheds 8199

Portable Classrooms 3862 (573 new and 3289 existing buildings)

Residential 295

Commercial 550

Recertifications 190

In 2007, the Commission conducted rulemaking changes to the Manufactured Buildings Rule 9B-1, FAC. The changes were intended to clarify the programmatic procedures of the Manufactured (Modular) Buildings Program. These changes include refinements to the following sections of the rule: Procedures; Definitions; Fees; Inspections & Insignias.

In addition, the Manufactured Buildings Program module on the Building Code Information System (BCIS) underwent a major update in early 2007 to reflect rule and programmatic changes in a new more user friendly format. A collaborative initiative between DCA and the Building Code Administrators and Inspectors Board resulted in rule change(s) in 2007 to allow more licensees to conduct plan reviews and inspections of modular buildings.

Prototype Building Program

The Florida Prototype Building Program (FPBP) is a plan review and approval system that allows businesses to simplify the permitting process across the state. Buildings and structures to be constructed multiple times in different locations can undergo plan review once, saving time, money and effort. Authorized by Florida Statute 553.77 in 2000, the program came on-line May 12, 2003 as part of the Department of Community Affairs’ Building Code Information System website: ww.floridabuilding.org.

One of the first goals of the Program was to inform the designers and developers/builders of the availability and potential benefits of the Prototype Building Program. Because it was a revolutionary new program, the Program met with resistance from some building departments and skepticism from potential users. Several concerns identified by the building departments stemmed from their experiences with “Master Plans” filed at the local level. Building departments were also concerned with having the Prototype Plans properly reviewed. Some building departments questioned an “outside” organization’s capability of doing the job correctly. Designers of commercial buildings were among the first to express interest in the Prototype Program. From inception through repeal, the Program had 109 prototype plan use requests, and 5 plan reviews were conducted.

As a result of low Program usage the administrator decided not to pursue a continuation of the contract at the conclusion of FY 2006/2007 (June 30, 2007), and the Commission was unable to secure another administrator even after two RFP’s were issued. At the May 2007 meeting the Commission voted to conduct a rule development workshop on Prototype Buildings to decide how to deal with the Program not having an administrator after June 20, 2007. The Program Oversight Committee made an effort to locate another program administrator, but due to a variety of factors there were no interested parties willing to continue with the program. As a result, at the June meeting the Commission conducted a rule development workshop and voted to repeal the program. The August rule adoption hearing was the final step in the process to repeal the program, and at the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-74, the Prototype Building Rule by filing the rule to repeal the Program.

FACILITATOR’S SUMMARY REPORT OF THE

DECEMBER 11 - 12, 2007

COMMISSION PLENARY SESSION

SUPPLEMENT TO THE DECEMBER 11 - 12, 2007 MINUTES

TAMPA, FLORIDA

Overview of Commission’s Key Decisions

B. 2007 Annual Effectiveness Assessment Survey Update

Approval for Chair to Approve the Use of State of Florida Seal for the Code

FLORIDA BUILDING COMMISSION 2007 WORKPLAN

8. Glitch Amendments to the 2007 Florida Building Code

OVERVIEW

SUMMARY OF RECOMMENDATIONS

Hurricane Damage Investigations—Hurricane Research Advisory Committee

Load Side Wind Pressure Research and Resistance Side Component and Cladding and MWFRS Research

2007 LEGISLATIVE ASSIGNMENTS

2007 WIND RELATED RECOMMENDATIONS

COMMISSION 2007 ENERGY RELATED RECOMMENDATIONS

OTHER COMMISSION 2007 INITIATIVES

BUILDING CODE SYSTEM

PRODUCT APPROVAL SYSTEM