Meeting Design & Facilitation By
Report By Jeff A. Blair
This document
is available in alternate formats upon request to Dept. of Community Affairs,
Codes & Standards,
SUPPLEMENT TO
THE MARCH 27 - 28, 2007 MINUTES
TUESDAY, MARCH 27, 2007
Welcome
Commissioner Browdy welcomed the Commission, staff and the public to
the March 2007 plenary session, and thanked TAC members and DCA staff who did
an excellent job in reviewing and making recommendations regarding proposed
code amendments for the 2007 update to the Florida Building Code. Commissioner
Browdy noted that Mo Madani and his staff did an excellent job in organizing
the proposed code amendments by subject area, and staff’s efforts enhanced the
TAC’s ability to effectively review the proposed amendments.
Agenda Review
and Approval
The Commission voted unanimously, 18 - 0 in favor, to approve the agenda for the March 27 – 28, 2007 agenda as presented. Following are the key agenda items approved for consideration:
Day One:
Ø To Consider Regular Procedural Issues: Approval of the February 6 - 7, 2007 Minutes and Facilitator’s Summary Report.
Ø To Consider/Decide on Accessibility Waiver Applications.
Ø To Consider/Decide on Legal Issues and Petitions for Declaratory Statements.
Ø To Hear an Update Report on Binding Interpretations.
Ø To Consider/Decide on Approvals and Revocations of Products and Product Approval Entities
Day Two:
Ø To Consider/Decide on Chair's Discussion Issues/Recommendations.
Ø To Review and Update the Workplan.
Ø To Consider/Decide on Accessibility, Energy, Fire, Joint Fire TAC & Fire Code Advisory Council, and Structural Technical Advisory Committees (TAC’s) Report/Rec’s.
Ø To Consider/Decide on Product Approval/Prototype Buildings/Manufactured Buildings and Education Program Oversight Committee (POC’s) Reports/Recommendations.
Ø To Conduct a Supplemental Rule Development Workshop on Rule 9B-72, Product Approval.
Ø
To Conduct a Rule Development Workshop on Rule
9B-3.004,
Ø
To Conduct a Rule Development Workshop on Rule
9B-3.050,
Ø
To Conduct a Rule Development Workshop on Rule
9B-7,
Ø
To Conduct a Rule Adoption Hearing on Rule 9B-3.047,
Ø To Hear a Legislative Session Update.
Ø
To Hear a Report on the Energy Efficiency and Moisture Control in the
Ø To Discuss Commissioner Issues.
Ø To Receive Public Comment.
Ø To Review Committee Assignments and Issues for the Next Meeting.
Review and Approval
of the February 6 - 7, 2007 Meeting Minutes and Facilitator’s Summary Report
Motion—The Commission voted unanimously, 18 - 0 in favor, to approve the February 6 - 7, 2007 Minutes and Facilitator’s Summary Report as amended.
Amendments to Minutes
Comments by Commissioner
Bassett.
Correct whether recommendations were made by TAC or POC for declaratory statements.
Correct spelling of Joe Kajak as a newly appointed member to the Plumbing TAC.
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
Following are the actions taken by the Commission on petitions for declaratory statements.
Second Hearings
DCA06-DEC-287 by Phillip Stoller of Perma-Column, Inc.
Motion—The
Commission voted 17 – 0 in favor, to approve their previous action on the
petition.
DCA06-DEC-294 by Joseph R.
Webster of Atlantic Windows & Doors, Inc.
Motion—The
Commission voted 18 – 0 in favor, to approve their previous action on the
petition with corrections.
DCA06-DEC-300 by Thomas Miller, PE of Structural
Engineering & Inspections
Motion—The Commission voted 18 – 0 in favor, to table action on the petition until Wednesday morning.
Motion—The
Commission voted 15 – 0 in favor, to take the petition from the table.
Motion—The
Commission voted 15 – 0 in favor, to approve their previous action on the
petition with corrections.
DCA07-DEC-002 by Kari Hebrank of 4th Floor
Advocacy
Motion—The
Commission voted 18 – 0 in favor, to approve their previous action on the
petition.
DCA07-DEC-011 by Billy Tyson, CBO, of
Clemmons, Rutherford & Associates, Inc
Motion—The Commission
voted 18 – 0 in favor, to defer action until the next meeting.
First Hearings
DCA06-DEC-299 by
Grant Tolbert of
The Commission voted unanimously, 18 – 0 in favor, to approve the TAC/POC’s recommendations
on the petition as presented.
DCA07-DEC-012 by Bob Litteton,
Plumbing Chief,
The petition was dismissed as insufficient.
DCA07-DEC-016 by James M.
Nicholas, Esquire, Townhomes of Suntree
The Commission voted unanimously, 18 – 0 in favor, to approve the TAC’s recommendations
on the petition as presented.
DCA07-DEC-017 by TRG-BLOCK ONE,
Robert S. Fine, Esquire
The Commission voted 11 – 8 in favor to dismiss the petition
due to a lack of building plans (drawings) needed to clarify exactly what was
being asked.
DCA07-DEC-019 by
The petition was
dismissed and referred to the authority having jurisdiction.
DCA07-DEC-020 by Ed Riley, Fire
Code Official,
The Commission voted unanimously, 19 – 0 in favor, to approve the TAC’s recommendations
on the petition as presented.
DCA07-DEC-028
by Lee S. Rigby, President of Vertical Assessment Associates
The petition was dismissed due to lack of Commission
authority on the issue.
DCA07-DEC-031 by Christopher
New, c/o
The
petition was dismissed since the question was specific to the Fire Code, and
there is no Commission authority.
DCA07-DEC-034 by Don Bialock,
President, Quickbrick
The Commission voted unanimously, 19 – 0 in favor, to approve the POC’s recommendations
on the petition as presented.
DCA07-DEC-038 by Ed Riley, Fire
Code Official,
The Commission voted unanimously, 19 – 0 in favor, to approve the TAC’s recommendations
on the petition as presented.
Recess
The Commission voted unanimously, 19 - 0 in favor, to recess at 5:56 PM.
WEDNESDAY, FEBRUARY 7, 2007
CHAIR’S DISCUSSION ISSUES AND RECOMMENDATIONS
A. TAC
Appointment
Commissioner
Browdy announced that Chairman Rodriguez made
the following appointments and thanked appointees for agreeing to serve:
Dave Olmstead and C.W. Macumber were appointed to the Structural TAC.
For the Structural TAC: Craig Parrino will move from his current slot
to replace Bob Bitterli in the design engineer slot of the consumer category,
and CW Macumber was added to the Structural TAC to sit in the wood industry
slot of the producer category.
Bob Boyer was appointed to the Window Workgroup.
B. Letter
Regarding Delayed Implementation for WBD Requirements
At the
February meeting the Commission authorized the Chair to send a letter to
Governor Crist supporting a delayed effective date for the legislatively
mandated changes to Rule 9B-3.047 of no earlier than July 1, 2007. The letter
would only be sent if deemed appropriate based on the Governor’s office
requesting Commission support and having authority to affect the implementation
date. Commissioner Browdy noted that letter was not sent since the Governor’s
office determined they did not have authority to delay implementation of the
law.
C. Education on WBD
Requirement Legislative Changes
At the February meeting the Commission voted to amend the contract with BASF to include an additional $100,000 to design and provide education and training on the 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. Commissioner Browdy reported that the contact has been amended to accomplish education and training on the new provisions.
D.
The Commission voted in February to instruct DCA staff to contact the bidders who responded to the RFP regarding serving as the Prototype Building Program administrator (the current administrator gave notice at the February meeting), to determine whether they are interested in completing the contract to serve as program administrator. Commissioner Browdy reported that as a result of discussions with the other bidders, the current administrator will maintain their role through June 30, 2007, completing the contract, and the Product Approval POC will discuss how to proceed and make their recommendations to the Commission subsequent to the contract expiring.
At the February meeting the Commission voted to continue with the existing contract with
ARA/University of
In
addition, the
Commission voted to fund a research project to develop
insurance qualifying criteria for buildings built within 2500 feet of the coast
after 2009. Further, the Hurricane Research Advisory Committee recommended that
the Commission establish a performance goal of developing criteria based on a
250 year storm event. To accomplish this, the HRAC recommended that the
Commission pursue the contracting necessary to contract with ARA/UF for fiscal year 2007/2008 in the
amount of $250,000.00. Commissioner Browdy reported that the contract is being
modified to begin work on this assignment and the FY 07/08 contact will be
developed to complete the work.
F. Letter to Building Officials Regarding HB0001 Special
Session Legislation
At the February meeting the Commission voted to authorize the Chair to send a letter to local jurisdictions informing them of the HB-1A legislation and the code issues affected by the changes. Including 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. Commissioner Browdy reported that the
letter has been drafted and is now posted to Commission and BOAF websites.
G. Letter Regarding Support for
Commission Attendance by Building Officials
In response to public comment, at the February meeting the
Commission voted to authorize the Chair to write a letter on behalf of
the Commission informing local jurisdictions of the importance of building
officials attending and participating in the Florida Building Code/Commission process. Commissioner Browdy reported that the letter
was developed and is now posted to Commission and BOAF websites.
H. Public Comment Request Follow-up(s)
Commissioner
Browdy reported that the
Commission and DCA staff have always attempted to take appropriate action on
public comment requests, and to that end,
the Commission has instituted a
new method for monitoring follow-up to public comment requests. Included in
agenda packets is a section that summarizes the requests and reports on
Commission and staff follow-up efforts. The agenda packet is available on the Commission’s
webpage.
I. Reconvene Termite Workgroup
Commissioner
Browdy reported that Chairman Rodriguez decided that as a result of issues arising during the Structural
TAC’s code amendment review process meeting, and at the request of workgroup
members, the Commission is reconvening the Termite Workgroup which will deliver
their recommendations to the Structural TAC for review at the TAC’s June
meeting for reviewing comments on proposed code amendments. The Workgroup will
meet to develop acceptable language to address, to the extent possible,
Structural and Plumbing TAC concerns regarding proposed Termite related code
amendments that members agreed should be referred back to the Workgroup for
development.
J. Reconvene Window Labeling Workgroup
Commissioner Browdy reported that
Chairman Rodriguez decided that as a result of issues arising during the
Product Approval Rule amendment review process meeting, and at the request of
workgroup members, the Commission is reconvening the Window Labeling Workgroup
to meet during the morning of April 10, 2007. They will deliver their
recommendations to the Product Approval POC for review at the POC’s May meeting
for reviewing comments on proposed rule amendments (Rule 9B-72). The scope will
be limited to discussing a template for installation instructions submitted for
Product Approval.
Review and Update of Commission
Workplan
Commission Actions:
Motion—The Commission voted unanimously, 15 - 0 in favor, to approve the updated workplan and meeting schedule as presented, to reflect the Commission’s priorities.
Motion—The Commission voted unanimously, 15 - 0 in favor, to endorse the five (5) criteria proposed for code plus used for securing citizens insurance within 2500 feet of the coast (see overview and criteria below).
The 2007 special legislative session bill HB-1A directs the Commission to develop code plus building standards to be included in its report to the 2008 Legislature and restricts Citizens Insurance Corporation from insuring buildings built within 2500 feet of the coast after 2009 that do not comply with Commission code plus standards.
The special session bill authorizes starting with HVHZ requirements and establishes a 250 year event standard for other insurance purposes.
The Commission voted to adopt the 250 year event standard for Coastal
Code Plus at its February 7, 2007 meeting in order to maintain consistency with
the 250 year event standard adopted by the Florida Legislature for other
insurance purposes.
Adopted Performance Criteria:
Ø missiles at 250 year event missile energy
Ø 0 - 30 feet large missile
Ø 30+ feet - top small missile
(Included as Attachment 2—Commission’s Updated Workplan)
Supplemental Rule Development Workshop on Rule 9B-72,
Product Approval
Commissioner Browdy reported that the Product Approval Validation Workgroup worked for over a year to develop a consensus package of recommendations regarding the validation requirements of 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. In addition, the POC met again on February 5, 2007 and agreed with the additional recommendations proposed by staff. At the February Rule Development Workshop the Commission adopted the changes recommended by the POC and this supplemental rule development workshop is an opportunity for the public to comment on the proposed revisions before the Commission proceeds with rule adoption.
The Supplemental Rule Development Workshop was opened and Commissioner Carson and Mo Madani reviewed the changes to the rule draft proposed by the Product Approval POC, and then
an opportunity was presented for public comment. At the conclusion of public
comment an opportunity was offered for Commission discussion, and then the
Commission took the following action:
Commission Actions:
Motion—The Commission voted unanimously, 15 – 0 in favor, to proceed with rule adoption for Rule 9B-72, the Product Approval Rule, integrating and noticing the approved changes, and conducting a supplemental rule development workshop at the May 2007 Commission meeting and to open the fees section and the definitions sections of the rule for comment.
POC Recommendation Adopted by Commission on Proposed
Changes to Draft of
Rule 9B-72
Add language to Rule 9B-72.100 (2)(c) technical validation and exception.
Modify language in Rule 9B-72.100 (2)(a) to clarify testing laboratories
are not allowed to conduct validations.
Open appropriate rule sections to consider adding “material” as a
sub-category to the structural components category, and “fabric storm panel” to
the shutter category.
Rule Development Workshop on Rule 9B-3.004,
Commissioner Browdy reported that Rule 9B-3.004 is 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. This workshop is the first 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, and provides that non Commissioner members of TAC’s and workgroups may appoint alternate members to participate and vote in their absence. The Commission unanimously adopted the detailed policy and requirements for how this will be done at the December 2006 meeting.
The Rule Development Workshop was opened
and Rick Dixon reviewed the draft rule language, and then an opportunity was presented for public comment.
At the conclusion of public comment an opportunity was offered for Commission
discussion, and then the Commission took the following action:
Commission Actions:
Motion—The
Commission voted unanimously, 15 – 0 in favor, to accept the rule language as
drafted, and to proceed with rule adoption for Rule 9B-3.004, Florida Building
Commission, by conducting a rule adoption hearing at the May 2007 Commission
meeting.
Rule Language approved by the Commission:
9B-3.004 Commission Organization and Operations.
(1) No change.
(2) The Chairman presides over all
Commission meetings, appoints work groups, Program Oversight Committees,
Technical Advisory Committees and Ad Hoc Committees, serves as official
spokesman for the Commission, and delegates staff and Committee assignments.
The Chairman shall review the membership of Program Oversight and Technical
Advisory Committees and reappoint
or replace members as needed
annually .
(3) through (6) No change.
(7) The Chairman may appoint work
groups to study issues and present findings and recommendations to the
appropriate Committees.
(8) Non-Commissioner members of
Committees and work groups may designate an alternate to participate in
meetings and vote in their absence.
(9) (7) No change.
(10) (8) The Commission and all of
its Committees will utilize Robert's Rules of Order to make and approve motions
except as provided in (11) .
(9) through (16) renumbered; (11) through (18) No change.
Rule
Development Workshop on Rule 9B-3.050,
Commissioner Browdy reported that Rule 9B-3.050 is 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 and this rule development is being conducted to implement 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.
The Rule Development Workshop was
opened and the draft rule language was presented, and then an opportunity was presented for public comment.
At the conclusion of public comment an opportunity was offered for Commission
discussion, and then the Commission took the following action:
Commission Actions:
Motion—The Commission voted unanimously, 15 – 0 in favor, to accept the rule language as drafted, and to proceed with rule adoption for Rule 9B-3.050, Florida Building Commission, by conducting a rule adoption hearing at the May 2007 Commission meeting.
Rule Language approved by the
Commission:
9B-3.050 Statewide Amendments to the
(1) The The
Florida Building Commission may approve technical amendments to the Florida
Building Code once each year if it finds that the amendment meets the following
criteria:
(a) To
incorporate its own interpretations of the code which are embodied in its own
opinions and declaratory statements Has a reasonable and substantial
connection with the health, safety and welfare of the general public.
(b)
To address emergency issues upon a finding that amendment is
necessary to protect the health, safety and welfare of the citizens of Florida
Strengthens or improves the Florida Building Code, or in the case of
innovation or new technology, will provide equivalent or better products or
methods or systems of construction.
(c)
To adopt new editions and addenda of referenced standards Does
not discriminate against materials, products, methods or systems of
construction of demonstrated capabilities.
(d)
To maintain consistency with federal laws and regulations Does
not degrade the effectiveness of the Florida Building Code. Furthermore, the
Florida Building Commission may approve technical amendments to the code once
each year to incorporate its own interpretations of the code which are embodied
in its own opinions and declaratory statements.
(e) To
maintain consistency with state laws and rules.
(f)
To maintain coordination with the Florida Fire Prevention Code pursuant
to s. 553.73(1)(d) and (3), F.S.
(2) through (9) No change.
Rule Development Workshop on Rule 9B-7,
Commissioner Browdy reported that the rule development effort is being conducted in
order to implement the Accessibility TAC’s recommendations to the Commission
regarding updating the accessibility waiver application form and integrates the
parking standards moved from the DOT statute to the Accessibility Code Statute
into the Florida Accessibility Code for Building Construction. 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
The Rule Development Workshop was
opened and the draft rule language was presented as well as comments from the
Accessibility TAC, and then an opportunity
was presented for public comment. At the conclusion of public comment an
opportunity was offered for Commission discussion, and then the Commission took
the following action:
Commission Actions:
Motion—The Commission voted unanimously, 16 – 0 in favor, to accept the rule language with the recommendations from the Accessibility TAC, and to proceed with rule adoption for Rule 9B-7, Florida Building Commission, integrating and noticing the approved changes and conducting a rule adoption hearing at the May 2007 Commission meeting.
Rule Language approved by the Commission (not including TAC comments which are provide below):
Chapter 9-7
9B7-001 Purpose (Repealed)
9B7-002 Definitions
(Repealed)
9B7-003 Procedures.
9B7-004 Prerequisites for
Consideration of Waiver Requests (Repealed)
0B7-0041 Guidelines for
Accessible Automated Teller Machines and Fare Vending Machines (Repealed)
0B7-0042
9B7-005 Criteria for Granting
of Waiver (Repealed)
9Bi7-006 Filing of Requests
(Repealed)
9B-7.0003 Procedures.
No change.
9B-7.0042
The 1997 Florida Accessibility
Code for Building Construction (the Code) is adopted by reference as the rule
of this Commission, effective October 1, 1997. The 2001 and 2004
revisions to the Code are herein incorporated into this rule by reference and
shall take effect on the effective date of this rule. Copies of the Code
and the 2001 2004 revisions are available by writing to the Codes and Standards
Section, Department of Community Affairs,
Section 11-4.6.4 is amended: Each such accessible parking space must be
prominently outlined with blue paint, and must be repainted, when as necessary,
to be clearly distinguishable as a parking space designated for persons who
have disabilities and must be posted with a permanent above grade sign of a
color and design approved by the Department of Transportation which is placed
on or at a distance of 84 inches above the ground to the bottom of the sign and
which bears bearing the international symbol of accessibility, meeting the
requirements of color and design approved by the Department of Transportation,
Section 11-4.30.7 ADAAG s. 4.30.7 and the caption “PARKING BY DISABLED PERMIT
ONLY”. Such sign erected after October 1, 1996 must indicate the penalty
for illegal use of the space
Section 11-4.8.3 is amended: Width. The minimum width of a curb
ramp shall be 36 inches (915 mm), exclusive of flared side.
Exception. Ramps that are a part of a required means of egress shall be
not less than 44 inches (1118 mm) wide.
TAC Comments to Rule
9B-7 approved by the Commission:
Ø Change referenced section to 11-4.8.3.
Ø Request all applicants submit package in PDF format in addition to required hard copies.
Ø Require submission of 11 ½ 14 inch plans.
Ø Under “general instructions” add “additional” equipment.
Ø In Section 7, add “and/or” code.
Ø Change section 11.4.6.4 to verbatim statutory language.
Rule Adoption Hearing on Rule
9B-3.047,
Commissioner Browdy reported that 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 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. This rule will adopt the
ASCE-7 120 mph and greater criteria for WBD regions in the Panhandle.
The rule adoption hearing is the next step in adopting the wind-borne debris protection requirements by the July 1, 2007 date mandated by the Florida Legislature.
The Rule Development Workshop was
opened and the draft rule language was presented, and then an opportunity was presented for public comment.
At the conclusion of public comment an opportunity was offered for Commission
discussion, and then the Commission took the following action:
Commission Actions:
Motion—The Commission voted unanimously, 15 – 0 in favor, 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.
Rule Language approved by the Commission
9B-3.047
(1) The Florida Building Code as
updated by the Florida Building Commission on July 2005, and as amended by the
Commission on December 11, 2005, and December 8, 2006, and , incorporated
herein by reference is hereby adopted as the building code for the State of
(2) No change.
NOTE: The Commission anticipates
amending the following provisions of the Florida Building Code as directed
within Chapter 2007-1, Laws of Florida:
Section 1609.1.4, Building Volume;
Section 1609.2, Building Volume;
Figure 1609, Building Volume;
Section R202, Residential Volume;
Section R301.2.1.2, Residential
Volume;
Figure R301.2(4), Residential
Volume.
Legislative Session Update
Jim Richmond reviewed proposed legislation of interest to the Commission and answered member’s questions. Jim noted that SB 2836 contains the Commission’s recommendations for legislative action.
Following the report the Commission took the following actions:
Commission Actions:
Motion—The Commission voted unanimously, 15 – 0 in favor, to recommend that for new construction, the Legislature refer action related to HB 483- Carbon Monoxide and Smoke Detectors, to Florida Building Code, and the provisions approved by the Commission for the 2007/08 Edition of the Code would apply.
Motion—The Commission voted unanimously, 16 – 0 in favor, to support the initiative regarding providing an option in the Code to allow a single #8 AWG bare copper wire to be used to ground pool decks, and to authorize the Commission to adopt the provisions into the Code immediately.
Following are the specific legislative bills reviewed by the Commission.
Ø HB319 – Local Amendments to the code imposing code official personnel standards prohibited; in Business Reg.
Ø
SB404 – Residential manufactured buildings in mobile
home lots, cleared
Ø HB483 -- – Carbon Monoxide and Smoke Detectors – In Business Reg., 3/22; relevant amendments adopted, see committee packet.
Ø HB589 -- Requires that binding interpretation be rendered if requested [already required, thought to be placeholder]
Ø HB1177 -- Exempt prefabricated columbaria and mausoleums from the requirements of the Florida Building Code and establishes ventilation options. In Fin. Inst. 3/22, passed out of committee with amendments of no consequence to the Commission.
Ø SB1208 -- Requires that binding interpretation be rendered if requested [already required, thought to be placeholder]
Ø HB1273 -- Reservation of accessible parking spaces for those with specially equipped cars.
Ø SB1822 – Carbon Monoxide and Smoke Detectors - referred to Banking and Insurance; Regulated Industries; Community Affairs; General Government Appropriations
Ø SB1870 – Delayed Implementation of internal pressure elimination – On the floor, 2d reading. No House bill to date, but anticipated.
Ø SB2230 -- Reservation of accessible parking spaces for those with specially equipped cars.
Ø SB2314 -- Local Amendments to the code imposing code official personnel standards prohibited; referred to Reg. Industries and Comm. Affairs
Ø SB2688 -- Provides for updated windloss relativities study.
Ø SB2836 -- Primarily Commission’s recommendations.
Ø
SB2856
-- Exempt prefabricated
columbaria and mausoleums from the requirements of the Florida Building Code
and establishes ventilation options.
Referred to
Jim reported that the text of bills can be obtained at www.leg.state.fl.us. Text of amendments can be obtained from the committee packages for the meeting at which an amendment is considered. Follow links to committee pages and from there the meeting packages are available.
Legislative conference calls will be held from 10:00 AM – 12:00 on Monday, April 9,16, 23, and 30. The public is invited to call-in and listen; however, participation is restricted to Commissioners and staff.
Report on Energy
Efficiency and Moisture Control in the
Commissioner Browdy reported that a “Symposium on Energy Efficiency and Humidity
Control in Florida Homes” was held on February 28, 2007 in
http://consensus.fsu.edu/FBC/ectswg.html
Committee Reports and
Recommendations
The Chair requested that all TAC reports that did not require specific Commission actions be entered into the record.
Accessibility TAC
Mary Katherin Smith presented the Committee’s report and any recommendations.
Commission Actions:
Motion—The Commission voted unanimously, 14 – 0 in favor to accept the report.
(See Commission
Minutes for Committee report)
Fire TAC
Commissioner Goodloe presented the Committee’s report and any recommendations.
Commission Actions:
Motion—The Commission voted unanimously, 14 – 0 in favor to accept the report.
(See Commission
Minutes for Committee report)
Energy TAC
Commissioner Bassett presented the Committee’s report and any recommendations.
Commission Actions:
Motion—The Commission voted unanimously, 14 – 0 in favor to accept the report.
(See Commission
Minutes for Committee report)
Joint Fire TAC/Fire
Code Advisory Council Report
Jeff Blair presented the Committee’s report and any recommendations.
Commission Actions:
Motion—The Commission voted unanimously, 14 – 0 in favor to accept the report.
(See Commission
Minutes for Committee report)
Structural TAC
Commissioner Kim presented the Committee’s report and any recommendations.
Commission Actions:
Motion—The Commission voted unanimously, 13 – 0 in favor to accept the report.
(See Commission
Minutes for Committee report)
Education
POC
Commissioner Browdy presented the Committee’s report and any recommendations.
Commission Actions:
Motion—The Commission voted unanimously, 14 – 0 in favor to accept the report.
(See Commission Minutes for Committee report)
Commission Actions—Education POC:
Motion—The Commission voted unanimously, 14 – 0 in favor, to approve the Advanced Code Training 2006 Amendments to FBC.
Motion—The Commission voted unanimously, 14 – 0 in favor, to approve the consent agenda of 4 courses, for recommended updated course approvals (#’s: 164.1, 224.0, 223.0.and 120.1).
Product
Approval POC
Commissioner Carson presented the Committee’s recommendations.
Commission Actions:
Motion—The Commission voted unanimously, 14 – 0 in favor to accept the report.
(See Commission
Minutes for Committee report)
Commission Actions—Product Approval POC:
Motion—The Commission voted unanimously, 14 – 0 in favor, to solicit an RFP for serving as the Prototype Building Program administrator. Staff will place the advertisement on the web by April 2nd and it will remain there until April 20th. Staff will modify the proposal to reflect current contract language, which includes changes of fees. The POC requested that staff allow ample time for interested parties to respond to the request for proposal. The POC wants to review the responses to the RFP at the May POC meeting.
Motion—The Commission voted unanimously, 14 – 0 in favor, to solicit an RFP for serving as the Product Approval Program administrator. Staff will place the advertisement on the web by April 2nd and it will remain there until April 20th. As part of the request for proposal, the Committee also decided to include a provision for administrative fees to cover the cost of maintaining the BCIS. The POC wants to review the responses to the RFP at the May POC meeting.
Commission Member
Comment/Issues
Commissioner Browdy invited members of the Commission to address the Commission.
Hamrick: Commissioner Hamrick noted that the Handbook for the Design of Public Education Facilities is updated and available for downloading at the DOE website.
Wiggins: Commissioner Wiggins wanted to know when local technical amendments would be reviewed by the Commission. Staff responded at the May meeting of TAC’s.
Bassett: Commissioner Bassett stated there should be mitigation credits given for insurance rates when the work is performed by a homeowner, and not only by a contractor.
Wiggins: Commissioner Wiggins requested that when possible a one-day Commission meeting would be appreciated. Staff responded that this would be considered on a case-by-case basis, and usually it the overlap of TAC/POC/Committee members and staff that need to meet prior to the plenary session that creates a need for the split format.
Hamrick: Commissioner Hamrick noted that the Special Occupancy TAC needs a members to represent the DCF position on the TAC.
Commission
Member Agenda Items
Commissioner Browdy invited Commission members to propose issues for the Commission’s next (May 2007) meeting.
No agenda items were proposed by Commissioners.
General Public Comment
Commissioner Browdy invited members of the public to address the Commission on any issues under the Commission’s purview.
Schneider: requested that tables for laptops be provided for the audience during Commission meetings.
Ross: noted that there are no insurance credits for building a structure that exceeds the Code, and recommended that the Commission provide leadership in efforts to achieve this goal through legislation.
Adjourn
The Commission voted unanimously, 16 – 0 in favor, to adjourn the meeting at approximately 11:45 AM.
ATTACHMENT
1
MEETING EVALUATION RESULTS
March 27 - 28, 2007—
Average rank using a 0 to 10 scale, where 0 means totally disagree and 10 means totally agree.
1. Please assess the
overall meeting.
9.5 The background information was very useful.
9.5 The agenda packet was very useful.
9.8 The objectives for the meeting were
stated at the outset.
9.7 Overall, the objectives of the meeting
were fully achieved.
9.4 Accessibility Waiver Applications.
9.3 Requests
for Declaratory Statements.
9.7 Approval of Products and Product Approval
Entities.
9.7 Chairs Issues and Recommendations.
9.8 Commission’s Workplan and Meeting Schedule Update.
9.7 TAC and POC Reports and Recommendations.
9.7 Supplemental Rule Development Workshop on Rule 9B-72, Product Approval.
9.7 Rule Development Workshop on Rule 9B-3.004, Florida Building Commission (TAC alternates).
9.6 Rule Development Workshop on Rule
9B-3.050, Florida Building Commission (annual amend’s).
9.7 Rule Development Workshop on Rule 9B-7, Florida Building
Commission (accessibility).
9.7 Rule Adoption Hearing on Rule 9B-3.047, FB
Code Wind-Borne Debris Protection.
9.6 Legislative Session Update.
9.7 Energy Efficiency and Moisture Control in the
9.9 The members followed the direction of the
Facilitator.
9.9 The Facilitator made sure the concerns of
all members were heard.
9.8 The Facilitator helped us arrange our
time well.
9.6 Participant input was documented
accurately.
3. What is your level of satisfaction with
the meeting?
9.7 Overall, I am very satisfied with the
meeting.
9.8 I was very satisfied with the services
provided by the Facilitator.
9.7 I am satisfied with the outcome of the
meeting.
4.
What
progress did you make?
9.8 I know what the next steps following this meeting will be.
9.8 I know who is responsible for the next steps.
5. Members Comments.
Ø Mr. Browdy did an admirable job filing in for Chairman Rodriguez.
Ø Nice job filing in Commissioner Browdy.
Ø Nice pinch hitting Mr. Browdy!
Ø DCA staff are doing a great job, keep it up.
Ø
Ø Get a hotel in one facility that has a nice well equipped gym.
Ø Nice location.
Ø There was an error in downloading files for the accessibility waiver applications.
Ø The hotel did not provide adequate accessible rooms.
ATTACHMENT 2
COMMISSION’S UPDATED
WORKPLAN AND MEETING SCHEDULE
(Adopted Unanimously March 28, 2007)
MEETING DATES
2006
January 23, 24 &
25 TACs
February 6 & 7
Cmsn
March 20,21 & 22
Cmsn
May 1, 2, 3 & 4
Cmsn
June 19 Cmsn
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
December 4, 5 &
6 Cmsn
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
March 12, 13, 14
& 15 TACs
March 26, 27 &
28 Cmsn
May 7, 8 & 9
Cmsn
June 25,26 & 27
Cmsn Miami Lakes
Don Shula Hotel
August 20, 21 &
22 Cmsn
October 8, 9 &
10 Cmsn
December 10, 11 & 12 Cmsn Orlando
Doubletree Hotel, Universal
2008
January 28,29 &
30 Cmsn
March 17, 18 &
19 Cmsn
May 5, 6 & 7
Cmsn
June 23, 24 & 25
Cmsn
August 25, 26 &
27 Cmsn
October 13, 14 &
15 Cmsn
December 8, 9 & 10
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
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
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
Wind
Borne Debris Study Terminated
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
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
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
6. Coordinate the Elevator Code and 2007
Initial staff meeting to
establish protocols 9/6/06
Council reviews Code
amendment proposals and advises Commission See Task 7
7. 2007 Update to the
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 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
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
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 8/22/07
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
with 2006 I Codes 10/06-2/07
Code books publication and printing
Provide
1st set of changes to ICC consisting of non-overlap
Specific changes
as identified by staff
Provide 2nd set of
changes to ICC consisting of changes as approved by the 5/27/07
TACs
Provide 3nd
set of changes to ICC consisting of changes as approved by the 7/27/07
Commission at the Rule Workshop
Printed 2007 Codes available to the public (Note: Code implemented 10/1/08) 1/1/08
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
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
(Note: See Task 21 for follow-up)
10. Amend
the
Rule development workshop 3/28/07
Rule adoption hearing if requested 5/9/07
Rule effective 6/07
Note:
Code amendment is only conducted to integrate current chap 553, Part II,
F.S. parking requirements
11. Revise
Rule 9B-3.004 to Allow Alternates for Committee Members and to Limit 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 5/9/07
Rule effective 6/07
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
Rule adoption hearing if requested 5/9/07
Rule effective 7/07
Design and implement essential BCIS
modifications 7/07- 12/07
Implement rule changes 1/07
13. Review
and Address Code Administration Needs of Local Governments and Measures to
Improve
Uniform and Effective Enforcement of the Code
Assessment survey 4/07
Report
to Code Administration TAC 8/07
Code
Administration TAC Review and Develop Recommendations 8/07
Recommendations
to Commission 10/07
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
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
BOAF Education Conference Course 5/07
16. Develop capability to require education for validation entities and a
training program.
See Task 12.
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 6/07
18. Develop Code-Plus criteria for insurance
qualification
Determine policy direction 2/07
Contract for development 5/07
Finalize criteria 12/07
Present in report to 2008
Legislature 2/08
19. Load Side - Wind Pressure Research
20. Resistance
Side – Component and Cladding & MWFRS Research
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 BASF 3/07 – 5/07
Develop technical R &D plan with AC manufacturers 4/07 – 6/07
Implement plans 7/07 –
2007 Legislature Directed Tasks Through Special Session
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.]