FLORIDA BUILDING COMMISSION

SUPPLEMENT TO THE MARCH 18 - 19, 2008 MINUTES

Overview of Commission’s Key Decisions

TUESDAY, MARCH 18, 2008

Welcome

Chairman Rodriguez welcomed the Commission, staff and the public to Tampa and day one of the March 2008 plenary session. The Chair noted that the primary focus of the March Commission meeting would be a series of rule development initiatives.

Agenda Review and Approval

The Commission voted unanimously, 18 - 0 in favor, to approve the agenda for the March

18 - 19, 2008 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 January 29 - 30, 2008 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.

· To Conduct new Commission member training.

Day Two:

· To Consider/Decide on Accessibility, Code Administration, Energy, Fire, 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 Consider/Decide on HRAC and Window/Wall Workgroup Report/Recommendations.

· To Receive a Legislative Report.

· To Discuss Core Course Requirement for Florida Building Code.

· To Discuss Contractor License Fee Surcharge.

· To Conduct a Rule Development Workshop on Rule 9B-13, Energy Code.

· To Conduct a Rule Adoption Hearing on Rule 9B-70, Education.

· To Conduct a Rule Development Workshop on Rule 9B-3.050, Amendments to Florida Building Code.

· To Conduct a Rule Development Workshop on Rule 9B-3.053, Alternative Plans Review and Inspection Forms.

· To Conduct a Rule Adoption Hearing on Rule 9B-7.042, Accessibility Code.

· To Hear a Presentation on the State of the Construction Industry Sector of the Economy.

· To Discuss Commissioner Issues.

· To Receive Public Comment.

· To Review Committee Assignments and Issues for the Next Meeting—May 5 - 7, 2008 in Melbourne.

Review and Approval of the January 29 - 30, 2008 Meeting Minutes and Facilitator’s Summary Report

Motion—The Commission voted unanimously, 18 - 0 in favor, to approve the January 29 - 30, 2008 Facilitator’s Summary Report as presented.

Note: The Commission will consider approval of the January 29 - 30, 2008 Minutes at the May 2008 meeting.

Amendments to Facilitator’s Report:

None offered.

Chair’s Discussion Issues and Recommendations

A. Appointments

TAC Appointments

None made.

Workgroup Appointments

Window/Wall Workgroup

The Chair appointed Jim Gulde to the Window/Wall Workgroup.

Soffit Systems Workgroup

Chairman Rodriguez announced that at the request of stakeholders the Commission is convening a Soffit Labeling Workgroup. The Workgroup will work with affected stakeholder interests in a facilitated workgroup process. The following were appointed to the Workgroup:

Joe Belcher, Bob Boyer, Joe Breese, Rusty Carroll, Matthew Dobson/Dave Johnston (member and alternate), Jamie Gascon, Wendell Haney, Allen Hoyning, Do Kim, Rich Papa,

Paul Radauskus, Tim Reinhold, Neil Sexton, and Jim Schock.

Regional AC Efficiency Workgroup

Chairman Rodriguez announced that at the recommendation of the Energy TAC the Commission is Commission is convening a Regional AC Efficiency Workgroup. The Workgroup will develop recommendations on whether the Commission and DCA should recommend to the United States Department of Energy (USDOE) regional AC efficiency standards for the hot and humid climate. The USDOE now has authority to develop and adopt regional AC efficiency standards. The Workgroup will work with affected stakeholder interests in a facilitated workgroup process. The following were appointed to the Workgroup:

Bob Andrews, Bob Cochell, Ron Bailey, Philip Fairey, Dale Greiner, Gary Griffin, and

Pete Quintela.

Septic Sizing Workgroup

Chairman Rodriguez announced that the Commission is convening a facilitated joint workgroup process with the Florida Department of Health (DOH) to develop recommendations regarding requirements for the sizing of septic systems. The Commission’s appointments to the Workgroup are as follows:

Dick Browdy, Matt Carlton, Joe Crum, Dale Greiner, Jim Goodloe, Jim Schock, and

Randy Vann.

B. Report to 2008 Legislature

The Chair reported that the Commission’s Report to the 2008 Legislature was updated to reflect actions taken by the Commission at the January 2008 meeting, reviewed by DCA, reviewed and approved by the Chair, and conveyed to the Legislature.

C. Appreciation for Sigi Valentine

On behalf of the Commission, Chairman Rodriguez offered appreciation to Sigi Valentin of AAMA Southeast, for his collaborative approach and leadership in working with industry and the Commission’s process. The Chair noted that Sigi is retiring and will be missed. In addition, the Chair welcomed Chuck Anderson who is replacing Sigi as AAMA Southeast’s representative.

D. Building Safety Week

Chairman Rodriguez announced that Governor Crist has declared May 5 – 11, 2008 as Building Safety Week. The Governor’s resolution asks “all Floridians to consider projects to improve building safety at home and in their community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety, everyday and in times of disaster”.

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, 18 - 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

Peter Kelegian, Commission Attorney, reported that an amended notice has been filed against a Commission decision granting an accessibility waiver.

Binding Interpretations

Jim Richmond reported that there were no new petitions to report.

Petitions For Declaratory Statements

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

Second Hearings

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

Motion— The Commission voted 16 - 2 in favor, to approve their previous action on the petition.

DCA07-DEC-290 by George Coleman, Building Official, City of West Melbourne /Intervener David Hudson, AIA, Artech Design Group, Inc.

Motion—The Commission voted 19 – 0 in favor, to approve their previous action on the petition

DCA08-DEC-004 by Karen Wallen Oliver, Wallen Service Corp

Motion—The Commission voted 19 – 0 in favor, to approve their previous action on the petition.

First Hearings

DCA07-DEC-085 by Walter A. Tillet, Jr., P.E. of TilTeco, Inc.

The Commission voted unanimously, 19 - 0 in favor, to defer action on the petition for the May 2008

meeting, based on the Structural TAC’s recommendation.

DCA08-DEC-002 by Scott Hampton, PE

Petition was deferred for the May 2008 meeting by the Structural TAC.

DCA08-DEC-047 by Abe Sacks, Chairman, Structa Wire Corp.

The Commission voted unanimously, 19 - 0 in favor, to approve the POC’s recommendations

on the petition, as outside the scope of Rule 9B-72, Product Approval.

DCA08-DEC-059 by Dwight E. Homes, FAIA, Homes Hepner & Associates Architects

Petition was withdrawn by the proponent.

DCA08-DEC-062 by Fred Dudley, Holland & Knight LLP

Petition was withdrawn by the proponent.

Recess

The Commission voted unanimously, 19 - 0, to recess until 8:30 AM on Wednesday, March 19, 2008. The Commission recessed at 3:55 PM.

WEDNESDAY, MARCH 19, 2008

Reconvene and Welcome

Chairman Rodriguez welcomed Commissioners, staff, and members of the public to day two of the March 2008 plenary session of the Florida Building Commission. The Chair noted that the Commission would focus on March’s substantive issues including a suite of rule adoption initiatives.

The Chair noted that blue Public Meeting Evaluation Forms were provided at the speakers’ table for those who wish to provide written feedback to the Commission. Completed Comment Forms will be included in Facilitator’s Summary reports.

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 Kathryn Smith presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 19 - 0 in favor, to accept the report.

Motion—The Commission voted unanimously, 19 - 0 in favor, to a seek legislative authority to issue declaratory statements on Florida specific requirements of the Florida Accessibility Code for Building Construction, and to convey the recommendation to the 2008 Florida Legislature as a part of the Commission’s Recommendations to the 2008 Legislature. In addition, DCA staff shall be permitted to provide technical assistance regarding accessibility petitions for declaratory statements and waiver applications.

Motion—The Commission voted unanimously, 19 - 0 in favor, to charge the Accessibility TAC with

developing recommendations designed to enhance clarity regarding the formatting (grey shading) for identifying Florida specific requirements of the Florida Accessibility Code for Building Construction.

Workshop on Accessibility Code Interpretations

Jeff Blair reported that a workshop on Accessibility Code interpretations was conducted prior to the Accessibility TAC meeting for the purpose of soliciting public input recommending whether the Commission should seek legislative authority to issue interpretations on Florida specific requirements of the Florida Accessibility Code for Building Construction. The participants were asked to offer comments on binding interpretations, non-binding interpretations, and declaratory statements.

On balance, all participants supported, or did not object, to seeking authority for declaratory statements, and most, but not all, supported interpretations as well. There were however, some strongly opposed to authority for interpretations. Participants suggested that authority for declaratory statements should be placed in the Accessibility part of Chapter 553, and that DCA staff should review waivers to determine whether a waiver would be required for the request before it is reviewed by the Council. Participants also recommended that specific steps and requirements for the three types of interpretations should be detailed and posted on the website to provide clarity and guidance.

Jeff reported that the Code Administration TAC also voted unanimously to recommend the Commission seek legislative authority to issue interpretations on Florida specific requirements of the Florida Accessibility Code for Building Construction.

(See Commission Minutes for Committee report)

Code Administration TAC

Jeff Blair presented the Committee’s report and recommendations. Jeff reported that the TAC has completed their Code Administration Assessment project and recommendations will be delivered to

the Commission at the May 2008 meeting.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Energy TAC

Commissioner Greiner presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Fire TAC

Commissioner D’Andrea presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 20 – 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, 20 – 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, 19 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Education POC:

Motion—The Commission voted unanimously, 19 – 0 in favor, to approve course # 272.0.

Motion—The Commission voted unanimously, 19 – 0 in favor, to approve course # 201.1.

Motion—The Commission voted unanimously, 19 – 0 in favor, to approve the following courses as administrative updates: #269.0, 274.0, and 271.0.

Product Approval POC

Commissioner Carson presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 19 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Product Approval POC:

No additional Commission actions.

Hurricane Research Advisory Committee and Window Workgroup Report

Jeff Blair reported that the joint Committee/Workgroup met following the February 2008 Commission meeting and reviewed research project updates and made recommendations for distributing the remaining resources for funding Commission research projects based on the consultant’s recommended prioritization.

Motion—The Commission voted unanimously, 19 – 0 in favor to accept the report.

(Included as Attachment 3—HRAC/Window Workgroup January 2008 Report)

Legislative Update

Jim Richmond, Commission Attorney, provided the Commission with an update of current legislation of interest and impact to the Commission, and answered member’s questions.

Rule Development Workshop on Rule 9B-13, Energy Code

Chairman Rodriguez noted that at the March 2008 meeting the Commission voted to conduct a rule development workshop on Rule 9B-13, Energy Code, for the purpose of amending the Energy Code to implement provisions to comply with the Governor’s 15% efficiency increase for the Florida Energy Code.

The Commission voted to increase the required energy efficiency of new buildings 15%, by

reducing the energy budget that must be met to comply with the Code. This approach allows

consumers to decide how to stay within budget rather than the State deciding which energy

conservation measures they will have to use.

The Commission voted to implement the following enhancements to the Florida Energy Code:

Residential Buildings:

The energy budget will be calculated based on tighter air ducts, higher efficiency windows with

Solar Heat Gain Coefficient (SHGC) of .30, and a 15% glass to floor area ratio.

Commercial Buildings:

Use current ASHRAE design guides for Small Office, Small Mercantile and School Buildings to establish the energy budgets that must be met for compliance.

Establish minimum glazing efficiency ratings.

Implement ASHRAE 90.1-2007 for other commercial occupancy buildings.

Rick Dixon provided the Commission with an overview of proposed options. The following was reviewed with the Commission:

Recommendation for Residential Buildings:

Change the baseline efficiency levels for building components that establish the energy budget that must be met to comply with the Code without mandating those new efficiency levels have to be used in all buildings.

Let the owner determine which options are more cost effective or otherwise attractive to them.

BASELINE ECMs (not minimums)

1. Standard Ducts to Tight Ducts

2. Low E to Lower E Windows (SHGC = .40 to SHGC = .30)

(U = .75 to U = .60)

3. 18% to 15% Glass to Floor

Climate Zone	Base	Win	Win + LFducts	diff (W+D)	Pop-fact	Weighted Average
	MBtu/yr	MBtu/yr	MBtu/yr	%	%	%
Jax	43.04	37.30	35.71	17.0%	20%
Tampa	43.77	38.76	37.18	15.1%	41%	15.8%
Miami	53.93	47.21	45.26	16.1%	39%

Recommendation for Commercial Buildings:

Use current ASHRAE design guides for Small Office, Small Mercantile and Schools to establish the energy budgets that must be met for compliance. Establish minimum glazing efficiency ratings.

Implement ASHRAE 90.1-2007 for other commercial occupancy buildings.

Example:

ASHRAE 90.1-2007 and the ASHRAE Light Commercial Office Building Design Guide for efficient buildings increase building efficiency compared to current Code:

City	ASHRAE Climate Zone	90.1-2007 Savings	ASHRAE Design Guide Savings
Jacksonville	Zone 2	9.3%	17.4%
Orlando	Zone 2	7.2%	14.8%
Tampa	Zone 2	7.1 %	15.0%
Miami	Zone 1	6.0%	13.3%

Recommendations for Appliance Standards in the Code:

Equipment	2007 Florida Energy Code	DCA Recommendation
Commercial AC < 65,000 btuh, 3 ph	Commercial AC < 65,000 btuh, 3 ph SEER 13	Commercial AC < 65,000 btuh, 3 ph SEER 13
Water Source Heat Pump	<17,000 11.2 EER, 4.2 COP 17K-65K 12.0 EER, 4.2 COP 65K-135K 12.0 EER, 4.2 COP	<17,000 11.2 EER, 4.2 COP 17K-65K 12.0 EER, 4.2 COP 65K-135K 12.0 EER, 4.2 COP
Ground Water Source Heat Pump	<135,000 16.2 EER, 3.6 COP	<135,000 16.2 EER, 3.6 COP
Ground Source	<135,000 13.4 EER, 3.1 COP	<135,000 13.4 EER, 3.1 COP
Computer Room Airconditioner		Air Cooled <65,000 11.0 EER 65K-135K 10.4 EER 135K-240K 10.2 EER Water-Glycol- Evap Cooled <65,000 11.1 EER 65K-135K 10.5 EER 135K-240K 10.0 EER
Residential Dehumidifiers		Residential Dehumidifiers(hard wired) EF 1.35-2.5 (per capacity)
Residential furnace fans		Electricity use <= 2% of overall site energy use
Residential boilers	Table 13-408.1.ABC.3.2f AFUE = .80/.75 (wat/stm) gas .80 oil	Residential boilers AFUE .82 gas, .84 oil, no standing pilot, auto temp reset
Commercial Boilers	Table 13-408.1.ABC.3.2F AFUE, E_t, E_c vary by size & fuel	Update Table 13-408.1.ABC.3.2F to ASHRAE 90.1-2007
Electric motors 1 - 200 hp	Table 13-414.1.ABC.1 Varies by HP, speed, #poles, open/closed (effective 12/8/06)	Electric motors 1 - 200 hp Update to ASHRAE 901-2007
Water Heater (fed exempt)		Storage - gas fired: Energy Factor < 75K btuh < 20 gal: 0.62-(.0019V) <75K btuh, >100 gal: 0.62-(.0091V) Storage – electric – Energy Factor <12 kW, >120 gal: 0.93-(.00132V) Instantaneous Gas: Energy Factor <50K btuh, any size: 0.62-(.0019V) <200K btuh, >2 gal: 0.62-(.0019V) Instantaneous Elec: Energy Factor <12 kW, any size: 0.93-(.00132V)

Equipment	2007 Florida Energy Code	DCA Recommendation
Pool Heaters (gas)	78 percent thermal efficiency	No constant burning pilot lights 78 percent thermal efficiency
Pool Heaters (electric)	4.0 COP (2004 FBC w/2006 x)	4.0 COP
Pool Pumps and their controls		No split phase or capacitor start motors >=1 hp, minimum 2 speed with low speed <=.5 of maximum rotation rate Capable of pump operation at min 2 speeds. Default speed to lowest speed. High speed override capability not to exceed 1 normal cycle.
Pool Controls		Capable of pump operation at min 2 speeds. Default speed to lowest speed. High speed override capability not to exceed 1 normal cycle.
Spas		Standby power <= 5(V^2/3); V in gallons
Walk in coolers and freezers	Exempt by Code 13-101.5.7	Automatic door closers R-28 coolers R-36 freezers Condenser fan motor i) electronically commutated ii) permanent split capacitor iii) polyphase> .5 hp, or iv) equivalent Evaporator fan motor sgl ph, < 1 hp and <460 v i) Electronically commutated
Florescent Lamps		Lamps Watts Min efficacy One F40T12 40 2.29 Two F40T12 80 1.17 Two F96T12 150 0.63 Two F96T12HO 220 0.39
Metal halide lamp fixture	No Minimum Standard (Exterior building grounds luminaries > 100 watts minimum efficacy of 60 lm/W w/exceptions)	Metal halide lamp fixture Pulse start - 88% ballast efficacy Magnetic probe start – 94% bal efficacy
Exit Signs	Luminaires with >20 W Min source efficacy 35 lm/W (2004 FBC)	< 5 W per face Luminance contrast > 0.8 Min luminance > 8.6 candle/m² Ave luminance > 15 candle/m² Maximum luminance < 20:1

The Rule Adoption Hearing was opened and an opportunity was presented for public comment. At the conclusion of extensive public comment an opportunity was offered for Commission discussion, and then the Commission took the following action:

Commission Actions:

Motion—The Commission voted, 7 - 13 in favor, to adopt a U-Factor of .65 and SHGC of .30. The motion failed due to not achieving the 75% in favor vote required for Commission actions.

Motion—The Commission voted, 15 - 5 in favor, to require 85 points for the performance method (instead of the current 100 points required), and to make no changes to the prescriptive method.

Motion—The Commission voted, 15 - 4 in favor, to proceed with rule adoption for Rule 9B-13, the Energy Code Rule, and to publish a notice of change, integrating and noticing the approved changes.

Rule Adoption Hearing on Rule 9B-70, Education

Chairman Rodriguez reported that at the December 2007 meeting the Commission voted to commence rule development on Rule 9B-70, the Education Rule. In January the Commission conducted a rule development workshop on Rule 9B-70 and considered recommendations from the Education POC. The Commission voted that all advanced courses shall be updated no later than the effective date (enforcement date) of the Code in effect, and that accreditors may accredit advanced courses to the forthcoming Code version to meet the deadline requirements regarding updating advanced courses. The Chair noted that the Rule Adoption hearing is to provide an additional opportunity for public input before the Commission proceeds with rule adoption on revisions to the Rule.

The Rule Adoption Hearing was opened, Commissioner Browdy read the POC’s recommendations, and 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, 17 – 0 in favor, to adopt the Education POC’s proposed revisions:

1) Approval of Course Accreditors. The Commission shall approve persons to serve as accreditors of advanced training courses. Persons desiring to be accreditors shall apply using Form FBCED 2003-001 adopted herein by reference and available from the Building Code Information System at www.floridabuilding.org. Applications shall be accompanied by an application fee of $100.00. Applications shall be approved by the Commission if the applicant has demonstrated five years, or equivalent as specified below, of Florida Building Code expertise in the field for which approval is sought, ~~and~~ or possesses an active license issued pursuant to Section 471.015, 481.213, 481.311; 489, Part I or II, F.S.; or a standard certificate issued pursuant to Section 468.609, F.S. When an accreditor application is submitted to accredit only accessibility courses by an individual who can demonstrate proficiency acceptable to the Commission as a subject matter expert in the field of accessibility the Commission shall approve that applicant to accredit accessibility courses. Accreditors approved by the Commission under prior versions of this rule are authorized to continue accreditation of building code courses. Demonstrated expertise or proficiency under this provision shall be:

(a) A four year college degree or graduate degree in the field for which approval is sought;

(b) A letter verifying work experience in the field for which approval is sought from a person who supervised the applicant; or

(c) A letter verifying employment and specific position of the applicant in the field for which approval is sought from the applicant’s employer.

Motion—The Commission voted unanimously, 17 – 0 in favor, to proceed with rule adoption for Rule 9B-70, the Education Rule by integrating and noticing the adopted changes.

Rule Development Workshop on Rule 9B-3.050, Amendments to Florida Building Code

Chairman Rodriguez noted that the rule development workshop on Rule 9B-3.050 is being conducted to amend the procedures for the code development processes regarding the new, statutory glitch process, amending the form for submittal and eliminating the 45 day cooling off periods. The rule development workshop provides an opportunity for public comment on the issue.

The Rule Development Workshop was opened and 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, 18 - 0 in favor, to proceed with rule adoption for Rule 9B-3.050, Amendments to Florida Building Code.

Rule Development Workshop on Rule 9B-3.053. Alternative Plans Review and Inspection Forms

Chairman Rodriguez stated that the rule development effort is being conducted in order to correct a discrepancy between the private provider form adopted in Rule and the form posted on the BCIS. The rule development workshop is an opportunity for member’s of the public to provide any comments

on the preferred version of the private provider form.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to proceed with rule adoption for

Rule 9B-3.053, Alternative Plans Review and Inspection Forms.

The hearing results puts into rule the Commission’s decision on the Form, and complies with JAPC’s comments regarding the location of the Form on the BCIS.

Rule Adoption Hearing on Rule 9B-7.042, Accessibility Code

The Chair noted that at the January 2008 meeting the Commission voted to conduct a rule adoption hearing on Rule 9B-7.042, the Accessibility Code Rule, for the purpose of correcting the accessible route width. The hearing is an opportunity for member’s of the public to provide any comments on the proposed revisions to the Rule.

The Rule Adoption Hearing was opened and 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, 20 - 0 in favor, to proceed with rule adoption for

for Rule 9B-7.042, the Accessibility Code Rule, including editorial and formatting corrections identified during the hearing.

Presentation on State of the Construction Industry Sector of the Economy

Commissioner Dick Browdy introduced Jack Glen who provided the Commission with a presentation on the state of the construction industry sector of the economy and answered member’s questions.

Commission Member Comment/Issues

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

Commission Member Comments:

· Norkunas: Accessibility TAC needs a vice-chair to be available when chair is absent.

· Vann: Florida specific amendments should be easy to review, and old antiquated provisions should be eliminated from the Code.

· Bassett: the meeting minutes should provide a clear and easy to find summary of all Commission final actions/decisions.

· Carson: how does one receive CEU’s for participating on the Commission. Answer: it depends on the Board, and DCA send the Commissioners hours to their respective boards.

· Schulte: Inquired on the status of the Mitigation Rule. Answer: Rule was filed on Monday, March 17, 2008.

· Griffin: ASHRAE Standard 189.1 for Green Buildings has been developed and should be adopted in the Florida Building Code.

· Greiner: Staff should ensure that all Florida specifics that are addressed by updated foundation codes are identified so the TAC’s can easily review. Answer: this is already done by staff.

· Browdy: Need an inventory of FBC Florida specific amendments. Answer: this is already posted to the BCIS.

Commission Member Agenda Items

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

None were offered.

General Public Comment

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

Public Comments:

· Ralph Hughes stated that the construction industry and its health is critical to the State of Florida and he was confident that the sector is already improving and that safe products are also important.

· Shelly Siegal from IDAF noted that she thought the Commission process was respectful, productive, and well organized and run.

Adjourn

The Commission voted unanimously, 20 – 0 in favor, to adjourn the meeting at 11:30 AM.

ATTACHMENT 2

COMMISSION’S UPDATED WORKPLAN AND MEETING SCHEDULE

(Adopted Unanimously March 18, 2008)

MEETING DATES

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 Rosen Centre, Orlando

August 18, 19 & 20 Cmsn Naples Grande, Naples

October 13, 14 & 15 Cmsn Embassy Suites, Tampa

December 8, 9 & 10 Cmsn Embassy Suites, Tampa

2009

February 2, 3 & 4 Cmsn

February 23, 24 & 25 TACs

March 23, 24 & 25 Cmsn

May 11, 12 & 13 Cmsn

June 29, 30 & July 1 Cmsn

August 24, 25 & 26 Cmsn

October 12, 13 & 14 Cmsn

Nov 30, Dec 1 & 2 Cmsn

FLORIDA BUILDING COMMISSION 2008 WORKPLAN

1. Report to 2008 Legislature (Previous Task 35)

Commission identifies and receives draft recommendations 12/12/07

Commission finalizes recommendations 1/30/08

Commission report to 2008 Legislature 2/08

2. Glitch Amendments to the 2007 Florida Building Code (Previous Task 8.)

2007 Code published online 2/1/08

Printed 2007 Codes available to the public (Note: Code implemented 10/1/08) 3/1/08

Glitch amendment submittal DEADLINE 6/01/08

Rule development workshop 6/25/08

Rule adoption hearing 8/20/08

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

Glitch Rule effective 9/27/08

2007 FBC effective 10/1/08

3. Amend the Florida Accessibility Code for Building Construction (Previous Task 10)

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

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

Rule Filed 12/21/07

Rule adoption hearing 3/19/08

Rule Filed 4/08

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

4. Develop Product Validation Criteria for Methods of Demonstrating Compliance with Code (Previous Tasks 12 and 31)

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 Adoption Hearing 1/30/08

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

Implement rule changes 2/08

5. Review and Address Code Administration Needs of Local Governments and Measures to Improve Uniform and Effective Enforcement of the Code (Previous Task 13)

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

6. Evaluate in-home waste water recycling in coordination with Department of Health and Department of Environmental Protection (Previous Task 14)

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

Department of Health meeting 2/12/07

DOH and DEP did not follow up on their stated concerns

7. Address implementation of the electrical systems requirements of the Energy Efficiency Code (Previous Task 15)

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

8. Develop Code-Plus criteria for insurance qualification (Previous Task 18)

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 9/30/07

HRAC finalize recommended criteria 9/30/07

Commission decides on performance goal 10/3/07

Commission finalizes recommendation 12/10/07

Present in report to 2008 Legislature 2/08

9. Load Side - Wind Pressure Research (Previous Task 19)

Commission approved redirection of WBD project Phase II 3/07

Amend contract with UF/ARA 4/07

Contract for Phase III 9/07

Progress reporting 9/30/07

12/10/07

1/30/08

Report on Phase III 5/08

10. Resistance Side – Component and Cladding & MWFRS Research (Previous Task 20)

Legislature appropriates funding 5/07

Contract with UF to conduct research 9/07

(Includes post hurricane building damage assessment survey contingency)

HRAC develops research priority list 1/08

Report on Phase III 5/08

11. Latent load management for energy conservation and humidity control (Previous Task 21)

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

12. Develop a model energy efficiency ordinance for residential development (Previous Task 22)

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

1/16/08

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

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

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 1/08

Report to 2008 Legislature finalized 1/30/08

Report to 2008 Legislature delivered 2/08

14. Amend the Florida Energy Code to Require 15% More Efficiency in Buildings (Previous Task 37)

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 1/08

(See Task 13)

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 2)

15. Develop and implement public awareness campaign on energy efficiency and benefits of Green Buildings (Previous Task 24)

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 1/08

Project phase II initiated 2/08

16. Work with DCA to evaluate updated energy efficiency standards for energy using products (Previous Task 25 & 38)

DCA initiates rule proceeding 8/07

Enter into contract for study 9/07

DCA conducts Rule Development Workshop 10/18/07

Report from contractor 11/07

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

Report to 2008 Legislature 2/08

17. Develop mitigation techniques for retrofit of existing site-built residential buildings: (Previous Task 27)

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 10/10/07

Appoint Workgroup to refine requirements 10/3/07

Workgroup meets to recommend settlement for FRSA rule challenge 10/3/07

Commission holds telephone meeting to consider settlement 1/8/08

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

1/28/08

3/08

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

18. Electrical bonding and grounding for swimming pool decks (Previous Task 28)

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

19. Evaluate elimination of gravel and stone roofing systems (Previous Task 29)

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

business impact and impact on birds

Contract with UF to provide technical assistance 9/07

Workgroup meetings to review data UF reports on literature search 12/10/07

1/08

3/08

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

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

20. Implement requirements of law for carbon monoxide detectors (Previous Task 32)

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

21. Develop Instruction for Manufacturers Obtaining Product Approval via Associations (Previous Task 36)

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

Recommendation to POC and Commission 10/07

22. Evaluate and Adopt the Development Process for the 2010 Florida Building Code (Previous Task 39)

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

23. Revise Rule 9B-3.050 for:

New Proposed Code Amendment Form/Procedures for Glitch Amendments

Rule Development Workshop 3/19/08

Rule Adoption Hearing 5/7/08

Other General Updating

Rule Development Workshop 10/15/08

Rule Adoption Hearing 12/10/08

24. Evaluate Hurricane Wind Pressure and Wind Driven Rain Criteria for Soffit Systems and Establish Labeling Requirements

Appoint workgroup 3/19/08

Include task in UF components and cladding contract 3/08

Workgroup meetings 5/08-

Report to Structural TAC and Commission 2009

25. Investigate A Consistent Definition of Bedroom for Building Code and On-site Septic System Sizing Requirements with the Department of Health

Appoint a Commission Ad Hoc committee 3/19/08

DOH appoint members to work with Commission Ad Hoc committee 3/08-4/08

Task group meetings 5/08-9/08

Report to Commission and DOH 10/08

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 site-built residential 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.]

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

FACILITATOR’S SUMMARY REPORT OF THE

MARCH 18 - 19, 2008

COMMISSION PLENARY SESSION

SUPPLEMENT TO THE MARCH 18 - 19, 2008 MINUTES

TAMPA, FLORIDA

Overview of Commission’s Key Decisions

Hurricane Research Advisory Committee and Window Workgroup Report

Legislative Update

Jim Richmond, Commission Attorney, provided the Commission with an update of current legislation of interest and impact to the Commission, and answered member’s questions.

Rule Development Workshop on Rule 9B-13, Energy Code

Recommendations for Appliance Standards in the Code:

Rule Adoption Hearing on Rule 9B-70, Education

Motion—The Commission voted unanimously, 17 – 0 in favor, to proceed with rule adoption for Rule 9B-70, the Education Rule by integrating and noticing the adopted changes.

Rule Development Workshop on Rule 9B-3.050, Amendments to Florida Building Code

Rule Development Workshop on Rule 9B-3.053. Alternative Plans Review and Inspection Forms

on the preferred version of the private provider form.

Rule Adoption Hearing on Rule 9B-7.042, Accessibility Code

FLORIDA BUILDING COMMISSION 2008 WORKPLAN

2. Glitch Amendments to the 2007 Florida Building Code (Previous Task 8.)

January 30, 2008

St. Augustine, Florida

HURRICANE RESEARCH ADVISORY COMMITTEE AND WINDOW WORKGROUP JOINT REPORT TO THE FLORIDA BUILDING COMMISSION

January 30, 2008—St. Augustine, Florida

Opening and Meeting Attendance

Meeting Facilitation

Project Webpage

Current Research Thrust Areas

Overview of Report

Joint Committee Actions