FLORIDA BUILDING COMMISSION

WELCOME

Chairman Rodriguez welcomed the Commission, staff and the public to Tampa and day one of the December 2008 plenary session. He stated the primary focus of the December 2008 meeting was to conduct a rule adoption hearing on Commission adopted Glitch Amendments and adopt a summary of issues and recommendations for inclusion in the Commission’s 2009 Report to the Florida Legislature. He explained if anyone wished to address the Commission on any of the issues before the Commission, they should sign-in on the appropriate sheet(s). He further stated the Commission would provide an opportunity for public comment on each of the Commission’s substantive discussion topics. He then stated if anyone wanted to comment on a specific substantive Commission agenda item, they should come to the speaker’s table so the Commission would know they wish to speak. He concluded by stating public input is welcome, but should be offered before there is a formal motion on the floor.

REVIEW AND APPROVE AGENDA

Mr. Blair conducted a review of the meeting agenda as presented in each Commissioner’s files.

Commissioner Carson moved approval of the meeting agenda. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

REVIEW AND APPROVE OCTOBER 14 & 15, 2008 MEETING MINUTES AND FACILITATOR’S SUMMARY REPORT

Chairman Rodriguez called for approval of the minutes and the facilitator’s reports from the October Commission meeting.

Commissioner Carson stated he was informed a declaratory statement had been incorrectly recorded in the minutes.

John Wiggins, Underwriter’s Laboratories

Mr. Wiggins stated DCA08-DEC-204 by Robert Jamieson had been recorded incorrectly.

Commissioner Vann moved approval of the minutes and Facilitator’s Report from the October Commission meeting. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CHAIR’S DISCUSSION ISSUES AND RECOMMENDATIONS

Chairman Rodriguez first addressed appointments to the Florida Building Commission.

Chairman Rodriguez announced the reappointments of Commissioner Randy Vann as the Plumbing Contractor Representative and Commissioner Jon Hamrick as the Public Education Representative. He thanked them for their continued service on the Commission.

Chairman Rodriguez then introduced and welcomed the following new members of the Commission.

Bob Boyer – has been appointed to represent the Municipal or Charter Government. He will be succeeding George Wiggins.

Anthony Grippa – has been appointed as the Insurance Industry Representative. He will be succeeding Do Kim.

Raphael Palacios – has been appointed as the Mechanical or Electrical Engineer Representative. He will be succeeding Steven Bassett.

James Shock – has been appointed as a Code Official. He will be replacing Christ Sanidas.

Ken Gregory – has been appointed as a Swimming Pool Contractor. He will be the first Swimming Pool Industry Representative to the Building Commission.

Drew Smith – has been appointed as a Green Building Industry Representative. He will be the first Green Building Industry Representative to the Building Commission.

Chairman Rodriguez then expressed recognition of the following Commissioners who were rotating off of the Commission board Steve Bassett, Do Kim and George Wiggins. He thanked each of them for their years of service and presented each with a plaque reflecting their service.

Mr. Wiggins stated it had been his pleasure over the last 9-plus years to serve on the Commission. He stated there had been a number of ups and downs during those years. He then stated the greatest accomplishment was having the greatest building code in the United States. He further stated it is the only uniform building code. He stated he has served and will continue to serve with the International Code Council Governmental Affairs Committee, representing the Commission in Washington. He stated the Commission is fortunate to have the greatest chairman. He then stated there was a lot of work ahead in dealing with issues the Commission faces. He continued stating the greatest staff is available to assist the Commissioners in any way they can. He added there were some great building officials working with the Commission. He suggested the new Commissioners rely on those building officials heavily since they are the ones dealing with the nitty, gritty day to day stuff with the Florida Building Code. He expressed his thanks for the years of service. He further stated he had enjoyed it very much, but will gladly turn it over to his fellow coworkers and professionals on the Commission.

Special Recognition:

Chairman Rodriguez announced special recognition to Neil Mellick, Chairman of the Accessibility Council, for his years of service. He thanked him for his hard work and presented him with a plaque.

Chairman Rodriguez then announced the appointment of Commissioner Browdy to the position of Vice-Chairman of the Building Commission. He stated Commissioner Browdy was the longest standing member of the Commission.

Chairman Rodriguez announced the following TAC appointments:

Accessibility TAC

Julia Kates was appointed to replace J.R. Harding on the Accessibility TAC.

Code Administration TAC

Commissioner Gonzalez was appointed to replace George Wiggins as chair.

Commissioner Carlton was appointed to replace Commissioner Carson.

Commissioner Boyer was appointed as a new member to the TAC.

Energy TAC

Commissioner Drew Smith was appointed to replace Richard Reynolds on the Energy TAC.

Mechanical TAC

Commissioner Palacios was appointed to replace Steve Bassett on the Mechanical TAC. Gary Griffin was appointed as chair of the Mechanical TAC.

Structural TAC

Commissioner Kidwell was appointed to replace Do Kim as chair of the Structural TAC. Commissioner Shock was appointed to replace George Wiggins on the Structural TAC. Do Kim will continue to serve on the Structural TAC.

Special Occupancy

Doug Melvin was appointed to the Special Occupancy TAC. He represents DBPR, Division of Hotels and Restaurants, Bureau of Elevators.

Education POC

Commissioner Grippa was appointed to replace Steve Bassett on the Education POC.

Code Assembly Ad Hoc

Chairman Rodriguez stated the name of the committee has been changed from Code Processes Ad Hoc committee. Commissioner Bahadori was appointed to the committee. He then stated the members of the Code Assembly Ad Hoc were as follows: Chairman Rodriguez will serve as chair of the TAC with Commissioners Bahadori, Carson, Franco, Goodloe, Greiner, Gross, and Schulte.

Hurricane Research Advisory Committee:

Jim Schock was appointed to replace George Wiggins, Jamie Gascon was appointed to replace Nick D’Andrea. Richard Reynolds was appointed to the HRAC.

Chairman Rodriguez then announced the following workgroup appointments:

Flood Standards Workgroup:

Commissioner Rodriguez stated at the October meeting, the Commission created a Flood Standards Workgroup, charged with developing recommendations for integrating the IBC Flood Damage Resistance into the Florida Building Code. He then stated the following members were appointed to the workgroup: Gene Chalecki: DEP; Steve Pizzillo: BOAF; Tim Reinhold: IBHS; Jack Glenn: FHBA; and Nick D’Andrea: Flood Plain Managers Association.

Commissioner Rodriguez then announced the new appointments to the Flood Standards Workgroup as follows: Bob Boyer was appointed to replace George Wiggins as the local government representative. Miles Anderson was appointed as the representative for the Florida Division of Emergency Management. Commissioner Tolbert was appointed as a building official representative from NW Florida. Commissioner Schock was appointed as a building official representative from northeast Florida. Eddie Fernandez was appointed to represent the Miami-Dade Code Compliance Office. Bud Plisich was appointed representing FEMA Region IV.

Soffit System Workgroup:

Chairman Rodriguez stated at the request of the Vinyl Siding Institute Dave Johnston was added to the Soffit System workgroup and Matthew Dobson was added as an alternate.

2010 Florida Energy Workgroup

Chairman Rodriguez stated the Commission had convened a workgroup to develop recommendations on the various energy related issues in the Commission’s Workplan. He further stated the goal is to ensure compliance with the 20% increase in thermal efficiency standards required for the 2010 Code Update.

Chairman Rodriguez stated the following appointments were made: Commissioner Greiner, representing building officials; Commissioner Smith, Homebuilders representative; Phillip Fairey, Florida Solar Energy Center; Rob Vickers, Florida Energy and Climate Commission; Paul Savage, legal representative; Commissioner Stone wood products industry representative; Jeff Householder, Gas Industry representative, Commissioner Gross, building owners and management industry; Larry Maxwell, architect representative, Donnie Pittman, building officials, Bob Cochell, air conditioning contractors and Steve Bassett representing Florida Energy Society or ASHRAE.

Carbon Monoxide Workgroup

Chairman Rodriguez stated the Carbon Monoxide Detector Workgroup was appointed between meetings to allow them to develop legislative recommendations in time for the Commission’s Report to the 2009 Legislature.

Chairman Rodriguez stated the following commissioners had been appointed to the workgroup: Commissioners Bahadori, Boyer, Carlton, Carson, Goodloe, Greiner, Gross, and Turner. He then stated in addition to the commissioners Jeff Householder and Steve Bassett were also appointed to the workgroup.

2010 Florida Accessibility Code Workgroup

Chairman Rodriguez stated the Commission’s Accessibility TAC recommended and the Commission approved convening a workgroup to evaluate and develop recommendations regarding the integration of the Florida Accessibility Law into the new ADAAG that is being adopted by the US Department of Justice. He then stated the Commission will convene the workgroup during 2009 and will adopt recommendations to the Governor and Legislature in the 2010 Report to the Legislature.

Chairman Rodriguez stated the following appointments were made to the workgroup: Commissioner Gross, representing BOMA, Commissioner Norkunas, representative for persons with disabilities, Commissioner Vann, plumbing industry representative, Commissioner Franco, architectural representative, Commissioner Gregory, Agency for healthcare Administration; and Commissioner Schock, building officials. He then stated in addition the following members were appointed as follows: Bemmie Eustace, consultant; Sharon Mignardi, plans examiner; Barbara Page, Advocacy Center for Persons with Disabilities; Julia Kates, Florida DOE, Division of Vocational Rehabilitation; Michael Elliott, Division of Blind Services; Phillip Wisely, Department of State and Historic Buildings; Steve Watson, Department of Environmental Protection, Parks and Recreation; Bob Vincent, Department of health and Swimming Pools; Jack Humburg, PVA; Pam Darworth, Council for Florida Council of Handicap Organizations; Larry Schneider, Florida AIA; Soy Williams, ADA consultant; Neil Mellick, building officials; and Ben Ritter, Tampa PVA. He stated an additional six will be made at a future date.

Chairman Rodriguez reported there would be a teleconference meeting on December 15, 2008 starting at 10:00 AM for the purpose of conducting a Rule Development Workshop on Rule 9B-72, Product Approval, to amend Rule 9B-72 to recognize the Equivalency of Standards between ASTM E 1300-02 and ASTM E 1300-04, and a process for manufactures to demonstrate through self-affirmation, once a Code Edition changes, that their product(s) comply with the relevant standard(s) in the updated Code version. He stated the Structural TAC will have recommendations on both issues. He further stated the teleconference would be a formal Commission meeting and a quorum would be required therefore the commissioners were urged to plan on joining the call. He stated staff would be sending an e-mail with contact information.

REVIEW PRIORITIZATION EXERCISE RESULTS

Mr. Blair presented the results of the workplan prioritization exercise. (See Workplan Prioritization Exercise Results, Conducted October 15, 2008.)

REVIEW AND UPDATE OF COMMISSION WORKPLAN

Mr. Dixon conducted a review of the updated Commission workplan. (See Updated Commission Workplan December 2008).

Commissioner Carlton moved approval of the updated workplan. Commissioner Franco entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CONSIDER ACCESSIBILITY WAIVER APPLICATIONS

Chairman Rodriguez directed the Commission to Mr. Mellick for consideration of the Accessibility Waiver Applications.

Mr. Mellick presented the waiver applications for consideration. Recommended approvals were presented in consent agenda format with conditional approvals, deferrals and denials being considered individually.

#3 AMC Theatre at Tyrone Square

Mr. Mellick stated the application had been withdrawn by applicant.

No action necessary.

Recommendation for Approval with No Conditions:

#2 Brevard County High School CCCAuditorium

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the council unanimously recommended approval based on the provisions of F.S. 553.512 as unreasonable.

#4 Miami-Dade Fire Rescue Station 10

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the council unanimously recommended approval in favor of the provisions of the Uniform Federal Accessibility Standards (UFAS).

#5 Miami-Dade Fire Rescue Station 67

#6 Miami-Dade Fire Rescue Station 40

#7 Roads Montisorri, LLC

#13 Stonehenge, LLC

#9 Chesterbrook Academy

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the applicant was requesting to use the ADA Accessibility Guidelines for Building Element D for Children’s Use for a day care center. No waiver is necessary and could have been approved by the local building official under the equivalent facilitation provisions. He further stated in as much as the applicant has requested this waiver, at the request of the building official, the Council unanimously recommended approval in favor of the above referenced guidelines as equivalent for children.

Commissioner Carson moved approval of the council’s recommendation for approval of the consent agenda for items 2, 4, 5, 6, 7, 13, and 9. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommendation for Approval with Conditions:

# 8 Cobb theaters at Old Hyde Park Village

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the applicant is requesting a waiver from providing vertical accessibility to all rows of seats in an existing movie theater complex undergoing renovations. He then stated the Council recommended approval by a vote of 5 to 0 (as one member was out of the room) based on the provisions of F.S. 553.512 as unreasonable with the condition that plans be submitted to DCA staff to verify the dimensions of the accessible seating locations.

Commissioner Carson moved approval of the council’s recommendation. Commissioner Carlton entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

#1 800 Ocean Drive

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the applicant is requesting a waiver from providing vertical accessibility to the second and third levels of a three story historic hotel. He then stated this case was heard last meeting where the request related to the hotel restaurant was granted a waiver and the issues related to the second and third floors were dismissed without prejudice for the applicant to address concerns of the Council. He further stated the Council unanimously recommended approval with condition based on the provisions of F.S. 553.512 as unreasonable due to technical infeasibility of the existing elevator shaft as well as its historic designation. He stated the Council’s condition was for the applicant to send to DCA staff whether or not widening the existing elevator door is feasible and provide cost to determine if within the 20% provisions.

Commissioner Carson moved approval of the council’s recommendation to grant waiver. Commissioner Carlton entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

#14 Brandt Information Services, Inc.

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the applicant is requesting a waiver from providing vertical accessibility to the basement and second floor of an existing office building undergoing a $55,000 alteration. He further stated the building official’s review and recommendation form was missing which would indicate any permitted construction activity during the past three years. He then stated the Council unanimously recommended deferring the case for the applicant to provide the building official’s statement. He continued by stating, however, if the applicant could provide the evidence prior to today’s meeting for the chair’s review, the Council unanimously agreed it would allow the recommendation to be changed to approved based on the provisions of F.S. 553.512 related to 20% disproportionate cost. He stated the evidence was presented and verified; therefore, the recommendation was for approval.

Commissioner Carson moved approval of the council’s recommendation. Commissioner Carlton entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Deferral:

#10 Strike Industries

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the applicant is requesting a waiver from providing vertical accessibility to a mezzanine being converted from storage to offices. The project cost was estimated at $70,000. He then stated the applicant was not in attendance. He further stated the Council unanimously recommended to defer to allow the applicant to provide additional information to include but not be limited to, breakdown of all cost (even those specific to accessibility), cost estimates for platform lifts, floor plan layout and specific use of office space. He stated it was also recommended that the applicant be in attendance to address concerns of the Council.

Commissioner Carson moved approval of the council’s recommendation. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

#12 Trademark Cinemas, Coral Square 8

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the applicant is requesting a waiver from providing vertical accessibility to all rows of seats in an 8 screen theater complex being altered from sloped floors to stadium seating. He then stated as the plans were lacking in detail, the Council unanimously recommended deferring this case for the applicant to provide more information, to include but not be limited to, detailed seating layouts showing total number of seats, accessible and companion seating locations, dimensional plans, and elevations showing line of sights for each theater house type.

Commissioner Carson moved approval of the council’s recommendation. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Denial:

#11 Ravallo Resort and Convention Center

Mr. Mellick explained the petitioner’s request for waiver as it was described in each Commissioner’s files. He stated the applicant is requesting a waiver from providing vertical accessibility in 489 sunken living areas in non-accessible guest rooms of a new $160,000,000 facility. He then stated the Council unanimously recommended denial based on lack of hardship to allow the installation of barriers in a new facility.

Benjamin Muscente, Fire Protection Engineer and Code Consultant

Mr. Muscente stated the Council’s recommendation to deny the waiver was both respected and understood. He then stated their interpretation of the Code was since the required number of accessible rooms dispersed to each type of room and to each floor of the building and the number of accessible rooms with sunken living rooms has been met that it was unnecessary for all of the non-accessible rooms to provide vertical accessibility. He clarified the applicant was not claiming hardship, but was unnecessary. He further stated the Florida Statute for vertical accessibility is a direct amendment to the ADA standard requirement for elevators. He further stated the ADA has exceptions which would allow certain building types to not provide an elevator which would further allow the upper floors to not be accessible. He then stated the Florida Statute specifically is provided under those exceptions under those requirements, which basically state regardless if an elevator is required in those buildings vertical accessibility is required to each level. He further stated they view the problem as the terminology in both the ADA standards and the Florida Statute both using the term level, which is not defined in either the statutes, ADA or the Florida Building Code. He concluded by stating their view was the term level was the term level was intended to floor level since changes of levels throughout the floors are addressed in the accessible route provision, which are more specific. He then pointed out although it does not provide any clout because written interpretations are not provided, he had contacted to accessibility hotlines, the ADA and the ADAAG, and both confirmed and agreed with the interpretation the term level was meant to address floor level since the accessible route provisions address changes throughout the floor. He concluded by stating since the Florida Statutes use the same language the applicant would request the application for waiver be approved based on the unnecessary fact that all of the non-accessible rooms do not need to provide vertical accessibility since other accessible rooms of the same type are provided throughout the building on each floor.

Chairman Rodriguez asked if Mr. Muscente had the actual count of the number of rooms.

Mr. Muscente responded he believed the number was 38, but did not have it in front of him. He then stated there was one accessible room with the sunken living room per floor throughout the building.

Mr. Mellick stated the same arguments were presented at the council meeting. He stated he disagreed stating the Code is very clear indicating Florida does not require an elevator but it does require all levels to be accessible, not withstanding wither with a lift or ramp or any other means. He then stated the Council discussed the many cases seen with restaurants and elevation changes or stages with all different levels on the same floor. He then stated history has shown the cases seen before the Commission. He further stated the Council has dealt with the issues related to people in the rooms, creating a barrier to an individual who may be in a wheelchair visiting someone in a room which is limited to those other rooms. He restated Florida has a more restrictive requirement not withstanding what had been found in talking with other ADA consultants and has been specific to all levels which has been interpreted through case history that levels are within the same floor.

Mr. Muscente stated he did agree this was unique to Florida. He stated if it was being built anywhere else under federal regulations it would be permitted. He further stated he did not believe the term level is defined in the Code and he did not believe it is definitive terminology, but subjective. He then stated as far as the physical barrier, with respect if that logic were used the barriers between the bathrooms the rooms would have to be removed, as they are barriers themselves yet fully permitted in the Code.

Mr. Mellick stated the bathrooms are not at different levels but within the unit and are not required to be accessible. The Code only requires a certain number rooms whose restrooms need to be accessible. He restated the Code clearly states all levels must be accessible.

Commissioner Tolbert asked why there was not a recommendation from the local review board.

Mr. Muscente stated the applicant had met with the local building department who did not seem to believe this would be a problem, but did indicate the applicant would need a waiver. He then stated due to time constraints to have this approved on the agenda, there was no time to get a copy of their interpretation.

Commissioner Carson moved approval of the council’s recommendation. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mr. Mellick then thanked the Commission for his opportunity to serve on the Council for the last six years, the last five as the chair. He stated it had been a great honor to serve with the individuals he had served with and with the Commission. He then stated he remembered six years ago the adversarial position the Council and the Commission had. He further stated he had seen that change over the years and was thankful in working together the attempt to keep emotion out of the issues and look at the facts only until finally a decision was based on those facts. He thanked the Commission for its support of the Council stating even though there has not always been agreement he felt the outcome of those discussions had been the right decisions in all the issues.

Mr. Mellick then announced the Council had voted for its new chairman. He introduced Jack Humburg and stated he has been a member of the Council and would represent it well.

CONSIDER APPLICATIONS FOR PRODUCT AND ENTITY APPROVAL

Chairman Rodriguez directed the Commission to Commissioner Carson for presentation of entity approvals.

Commissioner Carson stated there was a consent agenda with 9 entities for approval. He then moved approval of those entities. Commissioner Vann entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mr. Blair stated there was a consent agenda for all those issues that were posted with the same result from all four compliance methods either for approval, conditional approval or deferral. These were the ones without comment or there was no change to the recommendation as proposed presented. He stated if no commissioner wished to pull any if the products for individual consideration he asked for a motion to approve the consent agenda for all four compliance methods for approval, conditional approval and deferral.

Commissioner Carson stated he needed to have 11453 and 11454 from Prestige Iron Doors, LLC. pulled from the consent agenda.

Commissioner Carson entered a motion to approve the consent agenda as amended for all four compliance methods for approvals, conditional approvals and deferrals. Commissioner Goodloe entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Carson stated the engineer for 11453 and 11454 has asked the Commission to remove the products from the approval list and move them to the deferral list. He explained since the meeting the engineer has had some questions arise regarding some hardware. He stated the engineer was looking for some clarification on both items.

Commissioner Carson moved deferral of products 11453 and 11454. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mr. Blair presented the following products for consideration individually:

11570 Windsor Windows and Doors

Mr. Blair stated the product was recommended for conditional approval stating the installation drawings shall indicate pressure as certified.