STATE OF FLORIDA

DEPARTMENT OF COMMUNITY AFFAIRS

”Dedicated to making Florida a better place to call home”

BOARD MEETING

OF THE

FLORIDA BUILDING COMMISSION

PLENARY SESSION MINUTES

June 19, 2006

PENDING APPROVAL

The meeting of the Florida Building Commission was called to order by Chairman Raul Rodriguez at 8:45 a.m. CST, on Monday, June 19, 2006, at the Sandestin Golf and Beach Resort, Destin , Florida .

COMMISSIONERS PRESENT:

Raul L. Rodriguez, AIA, Chairman

Richard Browdy

Gary Griffin

Christ Sanidas

James Goodloe

George Wiggins

Randall J. Vann

Chris Schulte

Nanette Dean

William Norkunas

Dale Greiner

Jeffrey Gross

Paul D. Kidwell

Do Y. Kim

Joseph “Ed” Carson

Jon Hamrick

Craig Parrino, Adjunct Member

COMMISSIONERS ABSENT:

Nicholas “Nick” D'Andrea , Vice Chairman

Peter Tagliarini

Herminio Gonzalez

Hamid Bahadori

Michael McCombs

Steven C. Bassett

OTHERS PRESENT:

Thaddeus D. Cohen, DCA Secretary

Rick Dixon, FBC Executive Director

Ila Jones, DCA Prog. Administrator

Jim Richmond, DCA Legal Advisor

Jeff Blair, FCRC

Mo Madani, Technical Services Manager

WELCOME

Chairman Rodriguez welcomed the Commission and gallery to the June 2006 plenary session of the Florida Building Commission. He explained the purpose of the meeting would be to adopt a definition of the wind borne debris region of the panhandle coast of Florida from the eastern border of Franklin County to the Alabama border. Chairman Rodriguez encouraged all members of the public who wished to address the Commission sign the attendance and speaker sheets. He then directed the Commission to Mr. Blair for a review of the meeting agenda.

REVIEW AND APPROVE AGENDA

Mr. Blair conducted a review of the meeting agenda as presented in each Commissioner's files. He stated the Commission would convene a rule development workshop, then hear a presentation and recommendation by ARA, followed by Commission member clarifying questions, an overview of three options for Commission consideration, public comment, then a conclusion with a facilitated discussion. Mr. Blair explained if any options are modified or added, there would then be opportunity for additional public comment on just the modifications, the Commission consideration and action specific to the options presented.

Commissioner Carson moved approval of the meeting agenda as presented. Commissioner Griffin entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CONVENE RULE DEVELOPMENT WORKSHOP ON RULE 9B-3.047

Chairman Rodriguez conducted a review of the chronology of events leading to the workshop. He explained the 2005 Legislature debated whether to change the wind borne debris region and decided more research would be necessary. Chairman Rodriguez stated there had been workshops held to provide for stakeholder input regarding the issue with the first workshop held September 13, 2005, at the Okaloosa County airport. He continued stating the workshop concluded with consensus for a study to be conducted. He then explained building officials in the panhandle had expressed support for the study, however, qualifying their support by stating most damage had been from storm surge not wind. Chairman Rodriguez further stated the building officials had expressed the increase in housing cost would be significant. He then stated the focus of the research had been on factors specific to the panhandle area, including treed regions. Chairman Rodriguez stated during the October 2005 Commission meeting the Commission voted unanimously to contract a consultant to conduct the study with the goal of developing computer models for evaluating building damage and loss. He continued stating following an update from the consultant during the February 2006 Commission meeting, the Commission voted unanimously to request that the Legislature remove the definition of the panhandle wind borne debris region and authorize the Florida Building Commission to develop a new definition. Chairman Rodriguez continued by stating the Commission's decision to proceed with a regional strategy is consistent with state policy recognizing Florida as a diverse state geographically and climatically with risks not uniform throughout the state. He further stated at the conclusion of the 2006 Legislative session, SB 1774 passed and the panhandle wind borne debris region exemption was removed from law. Chairman Rodriguez then stated the Commission has been authorized to adopt a new definition of the panhandle wind borne debris region, which will be developed based on science and will become effective no later than May 31, 2007. He then directed the Commission to Mr. Richmond who would serve as hearing officer for the rule development workshop.

Mr. Richmond called the supplemental rule development workshop to order.

ARA/UF PRESENTATION ON PANHANDLE WIND BORNE DEBRIS REGION STUDY

- SUMMARY BRIEFING

-UF POST 2004 HURRICANE FIELD STUDY

-ARA WIND BORNE DEBRIS CRITERIA FOR THE FLORIDA PANHANDLE STUDY

Dr. Gurley opened the presentation with a brief overview of information used during the wind borne debris study. (See

Dr. Twisdale delivered his report on wind borne debris criteria. (See Wind-Borne Debris Criteria for the Florida Panhandle available on DCA website.)

Mr. Vickery reported on the wind tunnel testing portion of the project. He stated the wind tunnel portion is the key to the results of the entire project. (See

Dr. Twisdale concluded the presentation by offering an overview of the history of the study. (See

Chairman Rodriguez opened for clarifying questions from the Commission.

Commissioner Wiggins asked what 30 mph wind speed represented in one of the minimal benefit slides.

Mr. Vickery responded stating the 30 mph figure was used to establish a basis for when homeowners would have shuttered their homes resulting from the NHC issuing advisories unnecessarily.

Commissioner Wiggins then asked if there was any analysis conducted concerning when the 120 mph wind speed line was established.

Dr. Twisdale responded stating in 1996 the wind speed model development research was initiated and glazing failures began to be revealed.

Commissioner Kim thanked ARA representatives for their thorough research and recommendations then stated ARA's history for research and information has been superb. He then referenced slide 85, which concerned plywood shutters, then addressed the maximum benefits section stating ASCE-7 addresses only Exposure C's currently. Commissioner Kim then stated given recent Exposure B changes, homeowners are losing hundreds of dollars of discounts from the insurance industry and could regain some of that by applying plywood coverage. He asked for Dr. Twisdale's opinion.

Dr. Twisdale replied stating while plywood is more penetrable than steel panels or impact glass, the lower cost does provide significant benefit.

Commissioner Schulte referenced slide 85 as well, addressing light tree and medium tree areas in terms of the greater risk of tree impact than debris, then asked if the tile roof would become more risk with the impact of trees rather than just debris on its own.

Dr. Twisdale responded stating further research would be necessary to provide an answer.

Commissioner Griffin asked about the 1500' line from the coastal waterways and how the number was derived.

Mr. Vickery responded stating the 1500' was taken directly from ASCE-7 and is used conservatively.

Commissioner Browdy extended appreciation to ARA for an outstanding job on the research and the presentation in terms of the technical aspects. He expressed concern relating to some of the cost assumptions used in the evaluation of cost analyses. He addressed specifically installation costs relating to shutter installation stating the costs used in the analysis were too low. He further stated as the cost or value of the home increases so do the insurance premiums and currently the cost benefits do not outweigh the increase in the premium. Commissioner Browdy encouraged the presenters when evaluating cost benefit analysis based on wind borne debris protection to consider the benefits in relation to long terms costs not just initial costs.

Commissioner Greiner first thanked ARA stating the information provided has been very beneficial. He then asked if there were wind speed line changes anticipated with respect to ASCE-7.

Dr. Twisdale responded there are no changes expected in terms of the wind speed lines.

Commissioner Wiggins asked about the process for updating ASCE-7 or changing the wind speed lines.

Dr. Twisdale responded stating different aspects of the coastline would need to be studied to include terrain dependent criteria.

Commissioner Vann addressed the cost benefit ratios and asked if loss of life was considered during the research.

Dr. Twisdale responded loss of life was not considered during the research then stated the findings resulted in only 1 or 2 deaths resulting from no opening protection while there were more people killed by falling trees than glazed openings. He continued stating if loss of life was included in the maximum benefit analysis it would have changed it only a minimal amount. No satisfactory publications available.

PUBLIC COMMENT

Mr. Blair conducted an overview of the public comment process. He explained there would be three options for consideration during public comment, agree with issue, disagree, and rebuttal.

Option A: Status Quo – Adopt the designation currently found in the Code – 1 mile from the coast.

Option B: Adopt the current ASCE-7 120 mph WBD region regardless of the terrain – in effect for the rest of the state per FBC.

Option C: Adopt consultant's recommendation – the 130 mph contour as the WBD region in the panhandle including all areas within 1500 feet of the inland bays that are not within the 130 mph contour.

Commissioner Browdy asked if it would be possible to enter a fourth option, i.e.; to defer action until the July meeting due to the technical aspects of the information presented.

Mr. Blair stated if a Commissioner poses an alternative option the public will have the opportunity to comment on that option.

Mr. Glenn asked if the 130 mph wind speed lines are relevant only to the lines indicated on the map or if the individual counties' application of their own wind speeds also apply.

Mr. Dixon stated local governments had the option of implementing varying wind speed lines but not an entire county as one wind speed.

Option A

SUPPORT

Felix Beukenkamp, Representing Okaloosa/Walton Builder Industry

Offered support for Option A stating resident and property owner of Okaloosa County. He stated adopting the 130 would be expensive and excessive to property owners and urged the Commission not to order an unfunded mandate.

Bob McClure, Representing Roof Metal Association

Mr. McClure offered support for Option A addressing the tremendous amount of information presented and urged the Commission to take time to process and consider thoroughly the technical aspects involved. He stated there was not enough time to process the amount of information contained in the study and encouraged the Commission to avoid changes until there had been more time to understand the report.

Chairman Rodriguez reminded the public the Commission has been presented updates concerning the research during previous Commission meetings therefore it was not the first time the information was presented.

Bob Price, Jr., President of Builder's Association in Escambia County

Mr. Price stated there are approximately 600 members in the association and they are concerned. He stated Escambia is one of the poorest counties in Florida and changing the definition would increase the cost of construction significantly, which will have a great impact on affordable housing. Mr. Price then entered comments and questions about study. He stated 81% of data compiled in the study came from Hurricane Charley, which made landfall in Southwest Florida where the topography and landscape must be different. Mr. Price furtherstated the panhandle's treed environment is an advantage and reminded the Commission most damage sustained in the panhandle was from storm surge. Mr. Price then stated 19 % of data compiled was from Hurricane Ivan and the opening protection failures resulting from Ivan. He explained there were no opening protection failures from Hurricane Ivan in the panhandle region of Florida . He continued stating the hurricane models used were Hurricanes Ivan, Frances, Charley, Jeanne, and Andrew then countered Hurricane Andrew occurred prior to the Florida Building Code. He then asked why the research was not based on hurricane models that actually landed in Northwest Florida, such as Erin , Opal, or Danny. Mr. Price then explained the original wind speed lines were based on frequency of storms, which was flawed data. He concluded by asking what precedence was established for adopting new building codes for the panhandle and how new regulations could be implemented in the Code based on research that is incomplete. Mr. Price urged the Commission to keep the wind borne debris region one mile from the panhandle's coast, as is currently in the Code.

Chairman Rodriguez interjected the study is complete and the Commission has been provided updates to the Commission on a regular basis over the past year.

Bill Lamaster, Deputy Building Official, Okaloosa County

Mr. Lamaster has lived in the area since 1970 and of all the damage from all the hurricanes has predominately been from storm surge. He offered support for Option A stating one of the biggest problems in the area is affordable housing and the 130 mph requirement would make it hard for people moving to the area.

John Harold, Escambia County Contractor

Mr. Harold concurred with Mr. Price's comments stating the opions made by local building officials after Hurricane Ivan must not be taken lightly relating to storm surge damage opposed to wind borne debris. He continued stating ASCE-7 is based on 1% possibility of risk. Mr. Harold then noted the research presented by ARA showed a 4% glazing impact on unprotected openings resulting from Hurricane Charley, which landed in Southwest Florida . He then expressed support for Commissioner Browdy's idea to defer action until further discussion and consideration could take place. Mr. Harold urged the Commission to allow time to ensure the cost analysis is correct then offered support for Option A until further research or discussion could be conducted.

OPPOSE

Dave Olmstead

Mr. Olmstead addressed the affordable housing issue stating in most affordable houses there is an average of 8 windows, requiring only 8 pieces of plywood when amortized over the life of the mortgage results in approximately .30¢ per month. He continued stating the insurance discounts available currently range from approximately 12% to more than 50% relating to opening protection. Mr. Olmstead expressed opposition to Option A based on invalid arguments.

Kari Hebrank, FBMA

Ms. Hebrank offered comment stating Hurricane Ivan was not a design storm event. She explained a larger storm would produce much more destruction, taking out a larger number of trees as well. Mr. Hebrank continued stating 75% of claims resulting from Hurricane Dennis were filed in Escambia, Santa Rosa , and Okaloosa Counties , with damage as far North as Union County . She expressed opposition for Option A stating that leaving the wind borne debris region definition at 1 mile from the coast leaves more citizens at risk. Ms. Hebrank stated the cost of protection is as little as $3 per square foot using plywood and further stated the State of Florida has funded $250,000,000 to be used for mitigation over the next three years. She stressed all citizens should be protected.

Jeff Burton, Institute for Business and Home Safety, FLASH, Insurance Industry

Mr. Burton expressed opposition for Option A stating he would offer support for another option when the option is considered.

Option B

SUPPORT

Jeff Burton

Mr. Burton presented his support for Option B in writing. (See Letter to Chairman Rodriguez from Timothy A. Reinhold, Ph.D., PE, dated June 16, 2006 )

Kari Hebrank, Solutia

Ms. Hebrank offered support for Option B stating not requiring wind borne debris protection is counter to Emergency Management operations, whether residents live near or on the coast or inland. She added there is no way to account for development in a treed environment which may result in reduction in trees. Ms. Hebrank then stated insurance premiums will continue to increase as a result of continued damage and claims filed, which will effect the entire state.

OPPOSE

Dave Olmstead, representing self

Mr. Olmstead expressed opposition to Option B stating the ARA recommendation is a viable compromise.

Bobby Price, FHB Escambia

Mr. Price expressed opposition to Option B stating Hurricane Ivan produced no unprotected openings breached.

Option C

SUPPORT

Dave Olmstead, self

Mr. Olmstead expressed support for Option C stating the 130 mph wind speeds were not reflected in Ivan, rather Charley, was a design level storm producing winds of more than 130 mph.

Gary Murose, Walton County Building Department

Mr. Murose offered comment stating Hurricane Ivan decreased prior to landfall. He stated the Northwest Florida terrain does seem to lessen the impact. He then added during the first meeting concerning the panhandle wind borne debris region issue, building officials made it clear no change was desired.

Kari Hebrank

Ms. Hebrank stated 130 mph wind speed line would be better than the current 1 mile, and 120 would be preferred. She reminded the Commission there has yet to be a design level storm in the panhandle.

OPPOSE

Felix Beukenkamp, Okaloosa/Walton Building Industry

Mr. Beukenkamp offered opposition for the 130 line stating terrain and topography is a factor along with the fact there are very few tile roofs in the panhandle as in other parts of the state.

Oliver Gore, Window Distributor

Mr. Gore stated he could profit from impact windows but from personal experience the 130 is not necessary. He added the research calculations should have been based on economics stating the numbers do not work out when based on the income level of Escambia County .

Chairman Rodriguez then welcomed Department of Community Affairs Secretary Thaddeus Cohen.

Secretary Cohen offered clarification concerning the comments regarding the costs of improving a home. He stated most shutters would be self-installed not installed by contractors. He stressed the main point for the citizens of Florida would be to develop a plan for hurricane protection. Secretary Cohen concluded with a comment he made to the insurance industry in Pensacola . He stated following the results of a DCA conducted study, the department could not get homeowners interested in spending $5,400 to upgrade their homes for additional protection through a sponsored loan program by DCA. He then offered an example stating perhaps a commercial featuring the home in Escambia County, model 6, which had mold and mildew on the walls and debris on the floor, then identify what it would have cost to protect each damaged portion, include a shot of the FEMA trailer and ask if those who lost everything be prepared to spend the $5,400 to protect themselves and their homes. Secretary Cohen then stated Northwest Florida is not the same as South Florida but posed whether the stakeholders and interested parties were looking over the horizon at what could be done better. He stated Florida is the gulf standard in terms of the building Code and encouraged Commissioners and the public to think in terms of what it would be like to spend 24 months in a FEMA trailer, and provide protection for all of Florida's citizens.

Chairman Rodriguez expressed appreciation to Secretary Cohen for his comments then opened for the facilitated decision process.

FACILITATED DECISION PROCESS FOR PANHANDLE WIND BORNE DEBRIS REGION DESIGNATION

Chairman Rodriguez stated the Commission should be prepared to take the next step in terms of developing a panhandle wind borne debris region definition based on science. He stated the Commission is a technical body and has been mandated is to make the best technical decisions possible.

Mr. Blair explained the process for evaluating the three options in terms of ranking. He stated the ranking options were as follows: 4-Acceptable; 3-Minor Reservations; 2-Major Reservations; 1-Not Acceptable. Mr. Blair then opened for additional options to be entered from any Commission members.

Commissioner Sanidas asked how many Commissioners have been provided a copy of the information being considered in the vote. He then entered an additional option, Option D, to defer a final decision until the July meeting.

Option D

SUPPORT

Dan Gilmore, Immediate Past President of FHBA

Mr. Gilmore expressed strong support for deferring the decision until the July Commission meeting. He stated the complete report was not made available until Friday, June 16, and many people have not had the opportunity to review and evaluate the information compiled from the study. He continued stating he would find it egregious for the Commission to make a decision on this information when so much is at stake for the citizens in the state of Florida . He urged the Commission to support Option D in order to allow experts to evaluate the report and find a solution for all of the citizens of Florida .

Chairman Rodriguez reminded Mr. Gilmore the Commission meetings are public forums and all members of the public are invited to attend the meetings and have access to all the documents and presentations delivered to the Commission during meetings. He continued stating the current plenary session was a special meeting of the Florida Building Commission specifically arranged to take place in the geographical area under consideration and the report has been made available in stages of completion through public forum to all who bothered to seek and review it.

Jack Glenn, President, Florida Home Builders Association

Mr. Glenn stated the concern of the FHB association has been all along the costs involved in the changes proposed, which was not made available until recently. Everyone would be better served to take a deep breath and thoroughly evaluate the report then reconsider it during the July Commission meeting.

Mr. Blair reviewed the four options for Commission consideration. He then opened for general discussion and support or opposition for each option.

Commissioner Schulte asked if Option D were selected would the time line still be met for implementation

Mr. Richmond responded stating the time line would be met in terms of the strict rulemaking guidelines, however, he added the intent of the meeting was to resolve the issue during the current plenary session.

Commissioner Kim asked if the time line included a six-month training period for the changes.

Mr. Richmond stated the time line would still be met

Option A

Vote resulted in the following: Ranking 4 – 0 support; Ranking 3 – 0 support; Ranking 2 – 7 supporting; Ranking 1 – 8 supporting. Option A has 0 support from the Commission.

Chairman Rodriguez stated the status quo was the result of a political decision made by the Legislature.

Option B

Vote resulted in the following: Ranking 4 – 1 supporting; Ranking 3 – 5 supporting; Ranking 2 – 7 supporting; Ranking 1 – 2 supporting.

Commissioner Greiner expressed reservation stating while the option agrees with the Code for the rest of the state, the data provided in the study indicated the terrain changes the solution.

Chairman Rodriguez concurred with Commissioner Greiner's comments.

Commissioner Browdy expressed concerns with the economic issues justifying the changes stating the technical issues should also be heavily weighed in the decision process. He stated the Commission should be more inclined to consider the latest technical data.

Option C

Vote resulted in the following: Ranking 4 – 4 supporting; Ranking 3 – 8 supporting; Ranking 2 – 3 supporting; Ranking 1 – 0 supporting. (12 supporting – 3 opposed)

Option D

Vote resulted in the following: Ranking 4 – 7 supporting; Ranking 3 – 2 supporting; Ranking 2 – 4 supporting; Ranking 1 – 2 supporting.

Option A - Discussion

Commissioner Vann stated he lives in an area that stands a 2% chance of getting effected by a hurricane and then Charley created a life threatening change. He stated decisions must not be based on events that have not happened, rather they should be based on the possibility and the risk involved.

Mr. Dixon stated what is being voted on today is a part of all the Code changes being considered and as such will be discussed further during the process.

Mr. Blair conducted an overview of the results of the Commission votes on each option. He stated Option C comes within a 75% threshold for support and called for discussion or a motion from the Commission.

Commissioner Wiggins offered clarification stating there will be full opportunity during the next Commission meeting for public comment and concern. He then moved approval to adopt Option C. Commissioner Greiner entered a second to the motion.

Commissioner Kim stated ASCE-7 does not take into consideration the treed terrain and offered support for Option C. He then stated he would want to leave the meeting knowing he tried his best to implement the latest Code provisions based on the most current research.

Commissioner Carson, as a member of the Commission from the panhandle, expressed support for delaying action until the July Commission meeting.

Commissioner Greiner stated it is important that Florida lead the nation in wind design in a building Code. He stated the information in the study is groundbreaking and offered full support for Option C.

Commissioner Schulte concurred with Greiner stating he is not convinced that there is a solution to the problem in the short term. He continued stating the treed terrain is a dynamic veritable issue that continues beyond the Commission's decision. He then offered support for Option C.

Commissioner Goodloe offered support for Option C then agreed with Commissioner Carson stating delaying a couple of weeks would not be critical.

Commissioner Browdy expressed support for Option C stating it is most favorable. He then stated the Commission is an open body that should continue to maintain an open forum and should consider Option D as a compromise.

Secretary Cohen requested clarification concerning Option C and the 130 mph asking if the panhandle would still be exempt from what would be required in the rest of the state.

Commissioner Kim responded protection would be required in areas designated 130 mph or higher.

Chairman Rodriguez offered comment stating 23 members of the Commission meet every six weeks and try to achieve consensus in the decision making process. He acknowledged the concerns expressed from Commissioners and through public comment relating to increased costs of construction stating there will be an opportunity for everyone to offer comment in Ft. Lauderdale during the July Commission meeting. Chairman Rodriguez then encouraged the Commissioners to rise to the stature of statesmen avoiding compromise in matters of public safety.

Chairman Rodriguez called for a vote on the motion. Vote to approve the motion resulted in 12 supporting; 3 opposed. Motion carried.

Commissioner Wiggins entered a motion to adopt the panhandle wind borne debris designation and integrate the definition into the 2006 Supplement to the Florida Building Code. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CLOSING PUBLIC COMMENT

Wayne Grimes, Exclusive Wood Doors, Miami

Mr. Grimes addressed a product approval issue stating his company had submitted new engineering on a product through the application process. He requested clarification concerning a matter of conflict of interest.

Mr. Richmond responded it is the duty of a commission member or a committee member to recuse themselves, he then stated the next meeting for product approval would be held July 10, 2006 in Hollywood , Florida .

ADJOURN

Chairman Rodriguez adjourned the meeting at 1:19 p.m. CST.