Florida Building Commission

CODE ADMINISTRATION

Technical Advisory Committee

MINUTES

May 23, 2012

 

Teleconference meeting held in Tallahassee, Florida

Room 250L, 2555 Shumard Oak Boulevard

 

Meeting Attendees

Commission Members Present: Chairman; Herminio Gonzalez, Bob Boyer, Dick Browdy, Bill Dumbaugh, Kiko Franco, John O’Connor, Tim Tolbert.

 

Commission Members Not Present: John Scherer, Hamid Bahadori.

 

Staff Present: Mo Madani, Jim Richmond, Marlita Peters, Joe Bigelow, Leslie Anderson-Adams, Ila Jones, Jim Hammers.

 

Facilitator: Jeff Blair

Ř Objective - To review and make recommendations to the Commission regarding Declaratory Statement DS2012-035 and other business for the Commission.

 

Minutes

 

 

1)

 

Call to Order:

Meeting opened promptly at 10:00am.  Roll was called a quorum was present.  The agenda was reviewed and approved by unanimous vote with no changes.

2)

Approval of previous minutes:

The Minutes of November 29, 2010, which was the last meeting held by the Code Administrative TAC, were reviewed and approved as submitted with no changes.

3)

Declaratory Statement DS2012-035 was brought to the TAC for review.  Rusty Carroll provided input on behalf of the petitioner, Broward County Board of Rules and Appeals.  Marlita Peters provided the staff analysis recommending that this request for declaratory statement be dismissed because the construction of mobile/manufactured homes falls outside the scope of the Florida Building Code.  After much discussion a motion was presented by Kiko Franco and seconded by Bill Dumbaugh in reference to Section 105.1 of the Florida Building Code, Building, that a mobile/manufactured home is a structure and if altered should be required to be permitted.  Vote taken – 3-yeas and 3-nays.  Vote Failed.

 

With more discussion, a second motion by Kiko Franco was presented and seconded by Bob Boyer to accept the staff recommendation as follows:

 

Question 1:

To the Question: In accordance with FBC Section 105.1, is a building Permit required to be obtained from the local Building Official for the repair or remodeling of a Mobile Home?

Answer: Staff recommends that this request should be dismissed due to the fact that construction of mobile/manufactured homes fall outside the scope of the Florida Building Code and that the Commission has no legislative authority to address the question of concern.  

 

Vote was taken with 4-yeas and 2-nays.  Vote passes.

 

Based on the details of the discussion, it was further determined that the issue of requiring permits for alterations, remodels and repairs of mobile/manufactured homes is of major concern to building officials throughout the state.  Kiko Franco presented a third motion requesting the Code Administrative Technical Advisory Committee Chair, Herminio Gonzalez, makes a recommendation to the Florida Building Commission to review the issue of oversight of permitting the alterations, repairs and remodels of mobile/manufactured homes, those issues related to this subject and to review the policy and strategy by initiating conversations with the Department of Highway Safety and Motor Vehicles which does have oversight of the initial construction of such structures.  Vote was taken and passed unanimously. (7-0)

 

Executive Director, Jim Richmond, suggested that he would contact the Division Director of Codes and Standards within the Department of Business and Professional Regulation to gain input and prepare the way for further conversations and gain insight as to how they would suggest the Commission proceed with the matter.

4)

Other old business:

No other issues were brought before the TAC for consideration.

5)

Mr. Rusty Carroll thanked the TAC for their extensive time and energy in discussing this complex issue.

6)

Comments:

Commissioner, Dick Browdy, who also presides on the Code Administrative TAC commented that both sides of this issue are correct in that the FBC, Building does not allow for authority to permit mobile/manufactured homes at this time.  However, the life safety issues that arise with these structures because they house living persons should generate further discussion based on the standards and perhaps the Commission could indicate to local building officials, as suggested by TAC Member, Tim Tolbert, that a local ordinance could be adopted to circumvent questions regarding permitting.

7)

Schedule next meeting.  No future meeting has been scheduled at this time but will be determined by staff based on need.

8)

Actions Needed by the Commission:

 

The TAC recommended that the Commission consider reviewing the issue of oversight of permitting alterations, repairs and remodels of mobile/manufactured homes, by initiating conversations with the Department of Highway Safety and Motor Vehicles which does have oversight of the initial construction of such structures. 

9)

Adjournment.  This meeting was adjourned at 10:42 a.m.

 

 

 

Staff Contacts: Marlita Peters  marlita.peters@dbpr.state.fl.us , (850) 922-6864; Mo Madani, mo.madani@dbpr.state.fl.us, (850) 921-2247.

 

 

Note: This document is available to any person requiring materials in alternate format upon request.  Contact the Department of Business and Professional Regulation, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 or call 850-487-1824.