Florida Building Commission

June Education POC Meeting Minutes
 

Telephone Conference Call Number 1-888-808-6959, Access Code:  1967168
In Person Attendance: Room 250L, 2555 Shumard Oak Boulevard, Tallahassee, Florida


June 1, 2011

Time 10:00 a.m. ET

 

POC Members Present: Dick Browdy (Chair), Jon Hamrick, Jeff Stone, Scott Mollan, Ken Gregory, Herminio Gonzalez

POC Member(s) Absent: Drew Smith

 

Meeting Attendees Identified:

 

Ila Jones                              Michael Clark                                              

Jim Richmond                    Med Kopczynski

Cam Fentriss                      Alex Kobryn                                     

         

 

Meeting was called to order at 10:00 a.m. ET, June 1, 2011


 

1.    Review and approval of the June 2011 Agenda

 

Motion: To approve as submitted

Motion: Jon Hamrick

Second: Ken Gregory

Approved Unanimously

 

 

2.    Review and approval of March 2011 Minutes

 

Motion: To approve as amended

Motion: Jon Hamrick

Second: Ken Gregory

Approved Unanimously

Discussion: Alex Kobryn stated that his name was left off the attendee list in the March meeting minutes. The Chair asked the Education Administrator to add Mr. Kobryn’s name to the list. The Education Administrator stated that he would add Mr. Kobryn’s name.

 

 

3.  Review pending accreditor applications for recommendation to the Commission

 

None Pending

 

4.  Review pending advanced accredited courses for recommendation to the Commission

 

Course: 2007 FBC Building Structural Summary

Provider: University of Florida-Florida Energy Extension

Accreditor: BCIC LLC

BCIS Course Number: 470.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Florida Building Code - Accessibility

Provider: Department of Community Affairs - TRP

Accreditor: Bill Dumbaugh

BCIS Course Number: 469.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

 

5. Review administratively approved updated courses for recommendation to Commission

 

None Pending

 

 

6. Review self affirmed updated courses for recommendation to the Commission

 

The Chair asked for a Consent Motion for the self-affirmed courses listed below.

 

Course: Advanced Code Module Course For Electricians

Provider: Mike Holt Enterprises, Inc.

BCIS Course Number: 349.1

 

Consent Motion: Courses approved based on self-affirmation by the provider that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Ken Gregory

Approved Unanimously

 

 

 

 

7.  Review/discuss the potential impact of the 2011 legislative session as it pertains to the FBC’s education/accreditation program.

 

The Chair asked Cam Fentriss to address this question.

 

Cam stated that details of the legislative session (and subsequent legislation) as it pertains to the Florida Building Commission and the education/accreditation program can be found in the Education Administrator’s report.

 

Cam then stated that the Florida Building Commission will be moving to the Department of Business and Professional Regulation (DBPR). She further stated that the building and design industry in Florida is recommending to DBPR that the FBC remain in its current configuration. Cam also stated that Ila Jones is working diligently to make the move (to DBPR) as smooth as possible. Finally, Cam said that the Codes bill has not been signed yet and that it didn’t include anything specifically related to education and training.

 

Med Kopczynski asked if DCA staff will physically be relocated. Ila Jones stated that the DCA staff that supports the FBC will be relocated to the Northwood Center in Tallahassee.

 

The Chair asked Ila if the FBC budget (and budgeting process) will be affected by moving to DBPR. Ila stated that the budget for this fiscal year will remain generally unchanged. She further said that she does not know how DBPR will handle the budget when she submits it for next fiscal year.

 

The Chair asked Ila Jones how active (she thinks) the Secretary of DBPR will be with FBC business, versus the activity level of the Secretary of DCA. Ila stated that she didn’t know, but that Tim Vaccaro, the Division Director of the Division of Professions at DBPR, will be attending the Commission meeting next week and will be answering those kinds of questions.

 

No further action was taken.

 

 

8. Review/discuss the proposed boilerplate language developed by FBC general counsel regarding the intellectual property rights of course materials placed on the BCIS.

 

The Chair stated that a discussion took place last meeting, which focused on the concern by training providers about the intellectual property rights of their training materials. Specifically, providers wanted to make sure that their materials would not be stolen or copied from the BCIS. The Chair agreed and asked the FBC General Counsel, Jim Richmond, to create language to place on the BCIS, to both educate and warn the public about the intellectual property rights of those training materials.

 

Jim Richmond stated that he had not created that language yet, but will do so in the near future and post on the BCIS. The Chair asked if the Education POC members could review (not approve) the language after its development. Jim Richmond stated that they could review that language.

No further action was taken.

 

 

9.  Education Administrator activity report

 

A. Provided administrative support for FBC Education POC for March 30, 2011 meeting

B. Drafted minutes for FBC Education POC March 30, 2011 meeting

C. Prepared agenda for FBC Education POC meeting on June 1, 2011

D. Inquiries from the public March 19, 2011 to May 18, 2011 as follows:

22 inquiries: 7 telephone; 6 email; 9 telephone and email

Category of inquirers:

7 Providers 3 Engineer 1 Contractor

1 Publisher 10 Consumer (elevator code, energy rater, specialty license application,

swimming pool, roofing, construction lien law)

Types of Inquiries:

3 Core course for engineers

5 Provider questions

2 Course approval

2 Specialty license question on testing

1 Consumer question on elevator code

1 Roofing

4 Swimming pool (3 residential, 1 commercial)

1 Construction contract

1 Construction lien law

1 Energy rater qualification question

1 Landscape resource

E. Impact of the 2011 legislative session – Only one bill that passed directly impacts section 553.841, Florida Statutes, Building Code Compliance and Mitigation Program. The bill is SB 2156 by Senate Budget Committee, transferring duties and functions from various agencies to other agencies. For section 553.841, the specific changes are to subsections (2) and (5) as follows:

(2) The Department of Business and Professional Regulation Community Affairs shall administer a program, designated as the Florida Building Code Compliance and Mitigation Program, to develop, coordinate, and maintain education and outreach to persons required to comply with the Florida Building Code and ensure consistent education, training, and communication of the code’s requirements, including, but not limited to, methods for mitigation of storm-related damage. The program shall also operate a clearinghouse through which design, construction, and building code enforcement licensees, suppliers, and consumers in this state may find others in order to exchange information relating to mitigation and facilitate repairs in the aftermath of a natural disaster.

(5) Each biennium, upon receipt of funds by the Department of Business and Professional Regulation Community Affairs from the Construction Industry Licensing Board and the Electrical Contractors’ Licensing Board provided under ss. 489.109(3) and 489.509(3), the department shall determine the amount of funds available for the Florida Building Code Compliance and Mitigation Program.

As of May 19, 2011, the bill had not yet been sent to Governor Scott for his review. There was a “building codes bill” that passed this year, but it does not include anything specifically related to education and training. The bill is CS/CS/CS/HB 849 by Daniel Davis (R-Jacksonville), and, as of May 19, 2011, it has not yet been sent to the governor for review. If the governor approves the bill, it generally takes effect July 1, 2011. Below is a summary of only some of the changes in this legislation (the bill contains much more than this):

􀂄 Exempts triennial updates of the Florida Building Code and the Florida Fire Prevention Code from legislative ratification

􀂄 After the 2010 code, changes the way the Florida Building Code is developed as follows:

􀁻 Requires that the Florida Building Commission use the International Codes published by the International Code Council, the National Electric Code (NFPA 70), or other nationally adopted model codes and standards needed to develop the base code in Florida.

􀁻 Removes the provision that requires maintaining Florida-specific amendments previously adopted by the Florida Building Commission and not addressed by the updated foundation code.

􀁻 Specifies that amendments or modifications to the foundation code remain effective only until the effective date of a new edition of the Florida Building Code every third year, except:

􀂅 Amendments or modifications related to state agency regulations which are adopted and integrated into an edition of the Florida Building Code shall be carried forward (subject to modification)

􀂅 Amendments or modifications related to the wind-resistance design of buildings and structures within the high-velocity hurricane zone of Miami-Dade and Broward Counties which are adopted to an edition of the Florida Building Code shall be carried forward (subject to review or modification)

􀁻 If an amendment that expires (or sunsets) is resubmitted, the amendment must specifically address whether:

1. The provisions contained in the proposed amendment are addressed in the applicable international code.

2. The amendment demonstrates by evidence or data that the geographical jurisdiction of Florida exhibits a need to strengthen the foundation code beyond the needs or regional variations addressed by the foundation code, and why the proposed amendment applies to this state.

3. The proposed amendment was submitted or attempted to be included in the foundation codes to avoid resubmission to the Florida Building Code amendment process.

􀁻 If the proposed amendment has been addressed in the international code in a substantially equivalent manner, the Florida Building Commission may not include the proposed amendment in the foundation code.

􀂄 Amends section 627.711, Florida Statutes, relating to premium discounts for hurricane loss mitigation and the uniform mitigation verification inspection form (form 1802), to specify that the required 3 hours of mitigation training for home inspectors (licensed under section 468.8314, Florida Statutes) must be approved by the Construction Industry Licensing Board.

The Education POC may see more courses submitted for approval as a result of the change to section 627.711.

F. As of November 10, 2010, we have 112 training providers and 12 accreditors

G. Building A Safer Florida will be scheduling a workgroup meeting/conference call in early June to explore and discuss the possible creation of a Division of Construction and Design at the Department of Business and Professional Regulation (DBPR). We will send out a notice for all interested parties to attend or join the call.

Background: At DBPR, there are five licensing boards governing licensees who must comply with the Florida Building Code. There is also one board (Board of Professional Engineers) that is privatized governing engineers who must comply with the Florida Building Code. The DBPR boards are:

Board of Architecture and Interior Design

Board of Landscape Architecture

Building Code Administrators and Inspectors Board

Construction Industry Licensing Board

Electrical Contractors Licensing Board

Each board has its own staff, processes, and requirements (some boards share staff with other boards). The boards and DBPR staff (through offices that deal with a wide variety of licensees and licensure requirements) handle licensure requirements for these affected categories. Examples of requirements handled by DBPR staff include handling telephone calls from the public and licensees, processing of licensure applications, continuing education course applications, and prosecution of licensure complaints or unlicensed activity charges.

For ten years (or longer), the construction industry has discussed the possible benefits of bringing more uniformity and better coordination to the regulation of design and construction by having all such regulation under one office (including licensure, discipline, course approvals, etc.).

Transfer of the Florida Building Commission to the Department of Business and Professional Regulation creates greater interest in better coordination of licensure and codes functions as they relate to the design and construction industries.

Additional information: A division must be created in statute. Certified public accountants operate through a separate division at DBPR (with board offices located in Gainesville and the division director appointed by the secretary and subject to approval of the Board of Accountancy). Realtors operate through a separate division at DBPR ((with board offices located in Orlando and the division director appointed by the secretary and subject to approval of the Florida Real Estate Commission). The divisions that currently exist at DBPR are:

Administration

Alcoholic Beverages and Tobacco

Certified Public Accounting

Florida Condominiums, Timeshares, and Mobile Homes

Hotels and Restaurants

Pari-mutuel Wagering

Professions (where design and construction boards are now, and where the FBC will go when moved)

Real Estate

Regulation

Technology

Service Operations

(Compare the Department of Community Affairs that has three divisions: Emergency Management, Housing and Community Development (where FBC is located), and Community Planning.)

Questions for Discussion: 1. Would it be beneficial to coordinate licensing and regulatory functions for design and construction under one division?

3.    If such a division were created, what other components of regulation relating to design and construction should be included (such as home inspections, asbestos, public pools, etc.)?

Discussion: Cam stated that regarding the dissolution of DCA, the building and design industry wanted to recommend where the FBC ended up being housed. Some of the options discussed were the Department of Insurance, the Agency for Workforce Innovation and DBPR---of course, DBPR was the choice.

 

The Chair asked if there was a housing component at DCA. Cam stated that yes, there was a housing component and that it still exists. Cam further stated that construction associations have advocated for the FBC to be placed under the Secretary’s Office at DBPR, until a separate Division of Construction and Design could be approved and formed. However, for the near future, the FBC will be housed in the Division of Professions at DBPR.

 

The Chair asked if the POC could view an organizational chart of DBPR. Cam stated that she listed the current divisions of DBPR on page three of the Education Administrator’s Report.

 

 

10. Identify future POC member discussion items

 

The Chair asked if there were any more questions or comments.

 

Alex Kobryn stated that he noticed on the BCIS that his course approval was about to expire. Ila Jones stated that a technical issue arose in BCIS, and that it was being corrected. She further said that Alex’s course would remain in the approved status.

 

Cam Fentriss stated that it was posted in the BCIS that many training providers were scheduled to lose their approved status May 31, 2011. She said that the approved status of training providers has been extended within the BCIS until June 30, 2020.

 

Michael Clark (Education Administrator staff) stated that dates have been standardized for the remaining Education POC meeting dates for the 2011 calendar year. Those standardized dates are scheduled approximately two weeks prior to each remaining  FBC plenary session. The dates are: July 27th, September 28th, and November 21st, with all meetings convening at 10:00 am EST.

 

Commissioner Gregory asked---with the new code being adopted, will affected courses have to be approved. Cam Fentriss stated that affected courses will need to be reviewed and will likely be approved by either the administrative or self affirmation forms of approval.  Courses that need to be revised will go through the current FBC accreditation process.

 

 

11. General public comment

 

No public comment was offered at this time.

 

 

12. Summary and review of meeting work products/action items, assignments, and next steps

 

No new assignments were handed out.

 

 

Adjourn (Adjourned at 10:25 am.)

Motion: To adjourn

Motion: Herminio Gonzalez

Second: Jon Hamrick

Approved Unanimously

 

Recommended Commission Actions

The Education POC considered and recommends the following:

 

The following new courses are recommended for approval:

 

Course: 2007 FBC Building Structural Summary

Provider: University of Florida – Florida Energy Extension

Accreditor: BCIC LLC

BCIS Course Number: 470.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Florida Building Code - Accessibility

Provider: Department of Community Affairs- TRP

Accreditor: Bill Dumbaugh

BCIS Course Number: 469.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

The following self-affirmed courses are recommended for approval:

 

Course: Advanced Code Module Course For Electricians

Provider: Mike Holt Enterprises, Inc.

BCIS Course Number: 349.1

 

Consent Motion: Courses approved based on self-affirmation by the provider that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Ken Gregory

Approved Unanimously

 

Note: This document is available in alternate formats upon request to the Department of Community Affairs, Codes and Standards, 255 Shumard Oak Blvd., Tallahassee, Fl. 32399, (850) 487-1824.