CODE ADMINISTRATION ASSESSMENT INTERPRETATION AND ENFORCEMENT NEEDS OF LOCAL JURISDICTIONS

CODE ADMINISTRATION TAC RECOMMENDATIONS TO

FLORIDA BUILDING COMMISSION

Report By Jeff A. Blair

Florida Conflict Resolution Consortium

Florida State University

mailto:jblair@fsu.edu

http:// consensus.fsu.edu

This document is available in alternate formats upon request to Dept. of Community Affairs, Codes & Standards, 2555 Shumard Oak Blvd., Tallahassee, FL 32399, (850) 487-1824.

FLORIDA BUILDING COMMISSION

CODE ADMINISTRATION TAC

CODE ADMINISTRATION NEEDS OF LOCAL GOVERNMENTS ASSESSMENT PROJECT RECOMMENDATIONS

Overview

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

Local administration and enforcement of the Code is one of the key foundations of the Building Code System, and the Commission, through an on-line assessment survey, sought the views of local jurisdictions—of all sizes and in all geographic regions of the State—on their perspectives and needs regarding the local administration of the Code, as well as their recommendations for measures to improve the uniform and effective enforcement of the Code, including how the Commission could best assist local jurisdictions relative to the administration of the Florida Building Code.

Project Webpage

Information on the project, including agenda packets, meeting reports, and related documents may be found in downloadable formats at the project webpage below:

http://consensus.fsu.edu/FBC/fbc_survey.html

SUMMARY OF TAC RECOMMENDATIONS

Provide a compilation of the rationale for Code changes as soon as possible after adoption.

Provide regular updates and notices to local jurisdictions, and construction and design professionals, including designing and using a clearer and easier to use website and electronic notices, on Commission legal interpretations, declaratory statements, Code interpretations, Code changes, and policy decisions.

E-mail link to Commission minutes to interested parties with option to unsubscribe.

The Commission should encourage local officials to attend Commission meetings so they are informed of the Commission’s work.

Web cast live Commission meetings.

Video tape meetings and archive Commission meetings.

Provide outreach to citizens/public to make them aware of the permits required for repairs or alterations to their homes.

Seek Legislative authority for the Commission to issue Accessibility Code interpretations.

Encourage local bldg dept to regularly establish measurable performance standards for customer service based on volume and ability to do the work.

OVERVIEW OF ALL OPTIONS EVALUATED BY TAC

TAC Options Evaluation Process Overview

For each key issue the following process/format was used:

* General discussion with TAC members and staff on the topic/issue,

* Identification of new options (if any),

* Refinements proposed to existing options (to enhance option’s acceptability),

* Acceptability ranking of options (new, those with some level of support from previous meeting(s), and those a TAC member proposes to be re-evaluated),

* Data/Research needs identified and presentations as available.

For each of the key topical issue areas a range of potential options was listed for the TAC to consider. The options were identified by respondents to the Code Administration Assessment on-line survey. Issues and Options were organized to address the issues identified by survey respondents. The preliminary list of options was reviewed and revised by the TAC and any additional relevant options they deemed appropriate were evaluated during the process. Once an initial ranking of options was completed, the Worksheet was re-organized into three sections for each key topical issue areas:

“Consensus Recommendations” (those options with a 75% or greater level of support), “Options Evaluated by the TAC—No Consensus” (those options with less than a 75% level of support), “Options Outside Scope of Project and Commission Purview”.

Options with 75% or greater number of 4’s and 3’s in proportion to 2’s and 1’s are considered consensus recommendations.

1. COMMUNICATION AND OUTREACH OPTIONS

COMMUNICATION AND OUTREACH CONSENSUS RECOMMENDATIONS

Provide a compilation of the rationale for Code changes as soon as possible after adoption.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked January 2008	8	0	0	0

Provide regular updates and notices to local jurisdictions, and construction and design professionals, including designing and using a clearer and easier to use website and electronic notices, on Commission legal interpretations, declaratory statements, Code interpretations, Code changes, and policy decisions.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked January 2008	6	2	0	0

E-mail link to Commission minutes to interested parties with option to unsubscribe.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	6	2	0	0

The Commission should encourage local officials to attend Commission meetings so they are informed of the Commission’s work.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	4	3	1	0

Web cast live Commission meetings.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	4	3	1	0

Video tape meetings and archive Commission meetings.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	3	4	1	0

Provide outreach to citizens/public to make them aware of the permits required for repairs or alterations to their homes.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	3	4	1	0

COMMUNICATION AND OUTREACH OPTIONS EVALUATED BY TAC—NO CONSENSUS

E-mail Commission minutes to building departments.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	4	1	3	0

Educate city and county commissioners and administrators about the requirements and duties of the building official.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked January 2008	4	0	3	1

Develop a brief communication release that highlights the public safety duties of the building official and transmit this to the Association of Counties, League of Cities, school boards and universities seeking their assistance in distributing this to all cities, counties and other public entities (schools & universities).

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	1	4	3

Conduct bi-annual meetings with the Commission and building official of all jurisdictions to discuss the Code and building code system.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	1	3	4

Provide interpretation(s) on all Code changes as soon as they are adopted and publicize the requirements.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked January 2008	0	1	3	4

The Commission should form an Advisory Committee, prioritize the most important areas of the Code for uniform enforcement, and audit the local jurisdictions based upon the prioritization established.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	1	7

COMMUNICATION AND OUTREACH OPTIONS EVALUATED BY TAC—OUTSIDE SCOPE OF PROJECT AND COMMISSION’S PURVIEW

Provide outreach to citizens/public to make them aware of the licensing requirements for contractors and the permits required for repairs or alterations to their homes.

2. EDUCATION AND TRAINING OPTIONS

EDUCATION AND TRAINING CONSENSUS RECOMMENDATIONS

None

EDUCATION AND TRAINING OPTIONS EVALUATED BY TAC—OUTSIDE SCOPE OF PROJECT AND COMMISSION’S PURVIEW

Have only one State Certification for inspectors without additional requirements.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	8

Eliminate local licensing, discipline and registration of contractors.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	8

Require all contractors providing construction on school district properties to attend a class on state codes for schools. Section 423 of the building code and S.R.E.F. codes provided by the state D.O.E.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	8

3. UNIFORM AND EFFECTIVE ENFORCEMENT OF THE CODE OPTIONS

UNIFORM AND EFFECTIVE ENFORCEMENT CONSENSUS RECOMMENDATIONS

Seek Legislative authority for the Commission to issue Accessibility Code interpretations.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked January 2008	8	0	0	0

Encourage local bldg dept to regularly establish measurable performance standards for customer service based on volume and ability to do the work.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	6	2	0	0

UNIFORM AND EFFECTIVE ENFORCEMENT OPTIONS EVALUATED BY TAC—NO CONSENSUS

Put fire inspection to only inspecting fire suppression and fire alarm systems, and leave construction inspections to the building code professionals who know construction and codes.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	7

Adopt a complete Chapter 1 to provide consistency of code administration.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	8

The existing building code should be re-written to make the requirements clearer for the various types of alterations or change of occupancy.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	8

UNIFORM AND EFFECTIVE ENFORCEMENT OPTIONS EVALUATED BY TAC—OUTSIDE SCOPE OF PROJECT AND COMMISSION’S PURVIEW

Customer service performance standards (i.e., minimum time for plans review and inspections) should be developed and mandated statewide, or a voluntary accreditation program should be created.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Initial Ranking March 2008	0	1	2	5

Have the process of building permits and inspections under the State, no change in locations but have the administration under a State Agency Have Commission members do some off line field visits, a day here, a day there, vary jurisdictions from small to large.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	8

Place all building departments under the oversight of the Commission.

	4=acceptable	3= minor reservations	2=major reservations	1= not acceptable
Ranked March 2008	0	0	0	8

OPTIONS REFERRED TO CODE PROCESS REVIEW AD HOC COMMITTEE

Eliminate Florida specific amendments unless there is a real and proven Florida specific need.

Limit code changes to once every three years.

Once local technical amendments are posted they should be reviewed by TAC’s and either approved or rejected by the Commission.