FLORIDA BUILDING COMMISSION

CODE AMENDMENT PROCESS REVIEW WORKGROUP — PHASE II

Wednesday, July 12, 2006

Hollywood, Florida

Seminole Hard Rock Hotel & Casino,
1 Seminole Way;
Hollywood, Florida 33314;
1.866.502.7529

Meeting Objectives

•  To Approve Regular Procedural Topics (Agenda and Report)

•  To Review Relevant Legislation and Phase II Scope

•  To Review Member's Survey Results

•  To Review Issue and Options Worksheet

•  To Identify Additional Issues and Options for Evaluation

•  To Evaluate, Rank, and Refine Proposed Options

•  To Consider Public Comment

•  To Identify Needed Next Steps and Agenda Items For Next Meeting

All Agenda Times—Including Public Comment and Adjournment—Are Subject to Change

Meeting Agenda

8:00 Welcome and Introductions

8:05 Agenda Review and Approval

8:10 Approval of April 19, 2006 Facilitator's Summary Report

8:15 Overview of Relevant Legislation and Phase II Meeting Scope

8:30 Review of Workgroup Member's Survey Results

8:45 Review of Issues and Options Worksheet (From Member's Survey)

9:00 Identification of Additional Issues and Options for Evaluation

9:30 Discussion, Identification and Evaluation of Options by Issue in Turn

11:30 Issues Assignments and Identification of Needed Documents

11:45 General Public Comment

11:50 Overview of Next Steps, Needed Items, and Agenda Items for Next Meeting

12:00 Adjourn

Contact Information: Jeff Blair; 850.644.6320; jblair@mailer.fsu.edu ; http://consenus.fsu.edu

Project Webpage: http://consensus.fsu.edu/FBC/cprwg.html

Code Amendment Process Review Workgroup tasked with a short-term (Phase 1) scope and a long-term (Phase II) scope. The scope of the Workgroup in the short-term is to make a recommendation regarding the 2007 Code Update schedule. The long-term focus of the Workgroup will be to deliver recommendations to the Commission regarding proposed enhancements to the annual interim amendment and triennial code update processes.

Triennial Code Update Process

Florida Statute, Chapter 553.73(6), requires the Commission to update the Florida Building Code every 3 years; by selecting the most current version of the International Family of Codes; the commission may modify any portion of the foundation codes only as needed to accommodate the specific needs of this state, maintaining Florida-specific amendments previously adopted by the commission and not addressed by the updated foundation code.

Annual Interim Amendment Process

Florida Statute, Chapter 553.73(7), provides that the Commission may approve technical amendments to the Florida Building Code once each year for statewide or regional application upon a finding that the amendment: there is a Florida specific need; has connection to the health, safety, and welfare of the general public; strengthens or improves the Code; does not discriminate against materials, products, methods, or systems of construction of demonstrated capabilities; does not degrade the effectiveness of the Code; and, includes a fiscal impact statement which documents the costs and benefits of the proposed amendment, and shall include the impact to local government relative to enforcement, the impact to property and building owners, as well as to industry, relative to the cost of compliance.

Proposed Glitch Amendment Process

The Commission was successful in achieving statutory authority for an “expedited amendment” process in Chapter 553, F.S. for glitch and correlation (including errata) amendments to new editions/updates of the Code. The process allows the Commission to implement expedited amendments using only the standard Chapter 120 rule development procedures.

Members and Representation:

Hamid Bahadori, Jeff Burton, Nick D'Andrea, Jack Glenn, Jim Goodloe, Dale Greiner, Gary Griffin, Jon Hamrick, Kari Hebrank, and Randy Vann.

CHAPTER 2006-65

553.73 Florida Building Code.—

(6)(a) The commission, by rule adopted pursuant to ss. 120.536(1) and 120.54, shall update the Florida Building Code every 3 years. When updating the Florida Building Code, the commission shall select the most current version of the International Building Code, the International Fuel Gas Code, the International Mechanical Code, the International Plumbing Code, and the International Residential Code, all of which are adopted by the International Code Council, and the National Electrical Code, which is adopted by the National Fire Protection Association, to form the foundation codes of the updated Florida Building Code, if the version has been adopted by the applicable model code entity and made available to the public at least 6 months prior to its selection by the commission.

(b) Codes regarding noise contour lines shall be reviewed annually, and the most current federal guidelines shall be adopted.

(c) The commission may modify any portion of the foundation codes only as needed to accommodate the specific needs of this state, maintaining Florida-specific amendments previously adopted by the commission and not addressed by the updated foundation code. Standards or criteria referenced by the codes shall be incorporated by reference. If a referenced standard or criterion requires amplification or modification to be appropriate for use in this state, only the amplification or modification shall be set forth in the Florida Building Code. The commission may approve technical amendments to the updated Florida Building Code after the amendments have been subject to the conditions set forth in paragraphs (3)(a)-(d). Amendments to the foundation codes which are adopted in accordance with this subsection shall be clearly marked in printed versions of the Florida Building Code so that the fact that the provisions are Florida-specific amendments to the foundation codes is readily apparent.

(d) The commission shall further consider the commission's own interpretations, declaratory statements, appellate decisions, and approved state-wide and local technical amendments and shall incorporate such interpretations, statements, decisions, and amendments into the updated Florida Building Code only to the extent that they are needed to modify the foundation codes to accommodate the specific needs of the state. A change made by an institute or standards organization to any standard or criterion that is adopted by reference in the Florida Building Code does not become effective statewide until it has been adopted by the commission. Furthermore, the edition of the Florida Building Code which is in effect on the date of application for any permit authorized by the code governs the permitted work for the life of the permit and any extension granted to the permit.

(e) A rule updating the Florida Building Code in accordance with this subsection shall take effect no sooner than 6 months after publication of the updated code. Any amendment to the Florida Building Code which is adopted upon a finding by the commission that the amendment is necessary to protect the public from immediate threat of harm takes effect immediately.

(f) Upon the conclusion of a triennial update to the Florida Building Code, notwithstanding the provisions of this subsection or subsection (3), the commission may address issues identified in this paragraph by amending the code pursuant only to the rule adoption procedures contained in chapter 120. Following the approval of any amendments to the Florida Building Code by the commission and publication of the amendments on the commission's website, authorities having jurisdiction to enforce the Florida Building Code may enforce the amendments. The commission may approve amendments that are needed to address:

1. Conflicts within the updated code;

2. Conflicts between the updated code and the Florida Fire Prevention Code adopted pursuant to chapter 633;

3. The omission of previously adopted Florida-specific amendments to the updated code if such omission is not supported by a specific recommendation of a technical advisory committee or particular action by the commission; or

4. Unintended results from the integration of previously adopted Florida-specific amendments with the model code.
CODE AMENDMENT PROCESS REVIEW WORKGROUP

PROCEDURAL GUIDELINES

MEMBER'S ROLE

• The Workgroup's meeting process is an opportunity to explore possibilities. Offering or exploring an idea does not necessarily imply support for it.
• Listen to understand. Seek a shared understanding even if you don't agree.
• Be focused and concise—balance participation & minimize repetition. Share the airtime.
• Look to the Facilitator to be recognized. Please raise your hand to speak.
• Speak one person at a time. Please don't interrupt each other.
• Focus on issues, not personalities. Avoid stereotyping or personal attacks.
• To the extent possible, offer options to address other's concerns, as well as your own.
• Represent and communicate with member's constituent group.

FACILITATOR'S ROLE

• Design and facilitate a participatory meeting process.
• Provide consensus-building and conflict resolution guidance.
• Assure that participants follow ground rules—Assist participants to stay on task.
• Facilitate public participation and input.
• Prepare agenda packets and provide meeting summary reports.

GUIDELINES FOR BRAINSTORMING

• Speak when recognized by the Facilitator.
• Offer one idea per person without explanation.
• No comments, criticism, or discussion of other's ideas.
• Listen respectively to other's ideas and opinions.
• Seek understanding and not agreement at this point in the process.

THE NAME STACKING PROCESS

• Determines the speaking order.
• Members raises hand to speak. Facilitator will call on participants in turn.
• Facilitator may interrupt the stack (change the speaking order) in order to promote discussion on a specific issue or, to balance participation and allow those who have not spoken on a issue an opportunity to do so before others on the list who have already spoken on the issue.

ACCEPTABILITY RANKING SCALE

During the meetings, members will be asked to develop and rank options, and following

discussions and refinements, may be asked to do additional rankings of the options as refined. Members should be prepared to offer specific refinements to address their reservations. The following scale will be utilized for the ranking exercises: