BOARD MEETING

OF THE

FLORIDA BUILDING COMMISSION

PLENARY SESSION MINUTES

July 11, 2006

PENDING APPROVAL

The meeting of the Florida Building Commission was called to order by Chairman Raul Rodriguez at 1:31 p.m. on Tuesday, July 11, 2006, at the Hard Rock Hotel & Casino, Hollywood , Florida .

COMMISSIONERS PRESENT:

Raul L. Rodriguez, AIA, Chairman

Richard Browdy

Peter Tagliarini

Christ Sanidas

James Goodloe

George Wiggins

Herminio Gonzalez

Hamid Bahadori

Michael McCombs

Randall J. Vann

Chris Schulte

Nanette Dean

William Norkunas

Dale Greiner

Jeffrey Gross

Paul D. Kidwell

Joseph “Ed” Carson

Jon Hamrick

Steven C. Bassett

Craig Parrino, Adjunct Member

COMMISSIONERS ABSENT:

Nicholas “Nick” D'Andrea , Vice Chairman

Gary Griffin

Do Y. Kim

OTHERS PRESENT:

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 July 2006 plenary session of the Florida Building Commission. He briefly reviewed the meeting agenda and tasks before the Commission. He then directed the Commission to Mr. Blair for a more detailed 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.

Commissioner Browdy moved approval of the meeting agenda as amended. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

REVIEW AND APPROVE MAY 1, 2 & 3, 2006 MEETING MINUTES, JUNE 19, 2006 MEETING MINUTES AND FACILITATOR'S REPORTS

Chairman Rodriguez called for approval of the minutes and facilitator's reports from the May 1, 2, & 3, and June 19, 2006 Commission meetings.

Commissioner Greiner moved approval of the May and June Commission meeting minutes. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CHAIR'S DISCUSSION ISSUES AND RECOMMENDATIONS

Chairman Rodriguez first addressed the Energy Code Transition Work Group stating the work group met on June 22, 2006 and will provide a report from that meeting during the Commission meeting. He stated the work group had recommended their scope be expanded to include review of and possible recommendations from the IECC Code provisions. Chairman Rodriguez announced he had decided to expand the scope of the work group to include the IECC code provisions review. He then stated staff had been directed to review the membership of the Energy Code work group as well as other work groups to ensure all interested parties are represented in participation.

Chairman Rodriguez then announced a Garage Door and Shutter Labeling Work Group had been appointed with the charge of developing recommendations for the labeling of garage doors and shutters. He stated the focus of the work group will be to provide building officials the necessary information to comply with the Florida Building Code in a field useable format. Chairman Rodriguez stated he would be making the appointments prior to the scheduled work group meeting in August. He encouraged anyone wishing to participate in the work group to contact Rick Dixon.

Chairman Rodriguez then addressed the implementation schedule for the 2007 Florida Building Code. He stated during the May Commission meeting the Commission adopted an implementation schedule that involved a two-year process. He continued stating staff had been working on an implementation schedule that would make the Code available nine months earlier than previously scheduled, with inclusion of the Fire Prevention Code requirements. He then reviewed the proposed schedule as amended and requested Commission action concerning the new implementation schedule.

Commissioner Greiner offered comment stating he had requested staff to take a look at the Fire Prevention Code schedule and expressed appreciation for their work to include the provisions. He then moved approval to amend previously adopted motion and implementation schedule. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Greiner then moved approval to adopt the revised implementation schedule as proposed. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Wiggins suggested the revised schedule be posted on the Commission website.

Chairman Rodriguez announced the Commission will be launching a Florida Building Commission newsletter. He stated Jeffrey Phillips has been working on what will be a quarterly newsletter to begin publication in September 2006. Chairman Rodriguez then directed the Commission to Mr. Phillips for an overview of the newsletter.

Mr. Phillips explained the newsletter would be distributed both electronically and in print and would be distributed via email to more than 120,000 people. He stated it will be posted on the website as well and will include many facets of Commission action and activities relating to the Florida Building Commission.

Chairman Rodriguez then announced the International Code Council Conference from September 17 – 21, 2006 in Orlando at the Disney Coronado Resort. He stated DCA has found the means to offer reimbursement to any Commission members who wish to attend the conference and waiver of the registration fee for Commissioners is being pursued with the ICC.

REVIEW AND UPDATE OF COMMISSION WORKPLAN

Mr. Dixon conducted a review of the updated Commission work plan as it appeared in each Commissioner's files. He noted the 2007 and proposed 2008 Commission meeting schedules and encouraged each Commissioner to mark their calendars.

Commissioner Browdy moved approval of the updated Commission work plan as presented. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CONSIDER ACCESSIBILITY WAIVER APPLICATIONS

Chairman Rodriguez directed the Commission to Mr. Mellick for consideration and action of the Accessibility Waiver Applications.

Withdrawn

#10 Sea World Florida

Mr. Mellick stated petition for waiver had been withdrawn by the applicant.

No Commission action necessary.

Recommended Approval

#2 Herrle Communications Group

Mr. Mellick explained the Council unanimously recommended approval of the waiver based on disproportionate costs.

Commissioner Browdy moved approval of the Council's recommendation. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

#7 Cocoa Beach Jr. & Sr. High School

Mr. Mellick stated the Council unanimously recommended approval based on unnecessary.

Commissioner Greiner moved approval of the Council's recommendation. Commissioner Carson entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

#8 Titusville High School

Mr. Mellick stated the Council unanimously recommended approval based on unnecessary.

Commissioner Greiner moved approval of the Council's recommendation. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Approval with Conditions

#3 Seminole Community College

Mr. Mellick stated the Council recommended approval with the condition the applicant submit plans to DCA staff to delineate the five accessible seat locations with their dimensions.

Commissioner Greiner moved approval of the Council's recommendation. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

#5 Weston City Hall

Mr. Mellick stated the Council unanimously recommended approval with the condition the applicant provide fully accessible podium locations for presenters and speakers, all accessible locations must meet requirements for knee and reach range spaces.

Commissioner Greiner moved approval of the Council's recommendation. Commissioner Gross entered a second to the motion.

Commissioner Gross disclosed a conflict and abstained from voting on the waiver.

Chairman Rodriguez called for a vote on the motion. Vote to approve the motion was unanimous. Motion carried.

#9 Soho Beach House

historic buildings.

Patrick Range , Representing the Soho Beach House

Mr. Range addressed the condition set by the Council during the Accessibility Council meeting. He stated his client had received a response in the form of a letter from the Historic Design and Preservation Manager for the City of Miami Beach which states the historic designation and nature of the property would be retained through the waiver being granted. Mr. Range then provided copies of the letter for the Commission's review. He then requested the Commission grant the waiver without the condition. (See Letter )

Commissioner Browdy offered comment stating he attended the Accessibiltiy Waiver Council meeting and offered support for the Council's recommendation. He suggested the Council Chairman could draft a letter to Mr. Mooney, Historic Design and Preservation Manager, setting forth the requirements set by the Council. Commissioner then moved approval of the Council's recommendation to grant the waiver with the conditions as presented. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Deferral

#4 River Town Boat House

Mr. Mellick stated the Council recommended deferring the case for the applicant to attend the next Council meeting and provide additional information.

Commissioner McCombs moved approval of the Council's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

#6 George Fouke

Mr. Mellick stated the Council unanimously recommended deferring the application for the applicant to provide additional information related to permits during the last three years as well as the use of specific floor areas.

Commissioner McCombs moved approval of the Council's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Denial

#1 Florida Marines Shipping Lines

Mr. Mellick stated the Council recommended denial based on the applicant's failure to provide additional information relating to the case.

Commissioner McCombs moved approval of the Council's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CONSIDER APPLICATIONS FOR PRODUCT AND ENTITY APPROVAL

Chairman Rodriguez directed the Commission to Commissioner Carson for consideration of entity approvals.

Commissioner Carson presented in the form of a motion the following entities which were recommended for approval:

Keystone Certifications, Inc. for Product Certification Entity

Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

UL Underwriter's Laboratories, Inc. for Product Certification Entity

Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

American Test Lab North for Product Testing Laboratories

Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

APA-The Engineered Wood Association for Product Testing Laboratories

Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Architectural Testing, Inc. for Product Testing Laboratories

Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Architectural Testing Inc., Washington for Product Testing Laboratories

Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Southwest Research Institute for Product Testing Laboratories

Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

TimberCo Inc. dba TECO for Product Testing Laboratories

Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Underwriter's Laboratories, Inc. for Product Testing Laboratories

Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

APA-The Engineered Wood Association for Product Quality Assurance Agency

Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Keystone Certifications, Inc. for Product Quality Assurance Agency

Commissioner Hamrick entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

APA-The Engineered Wood Association for Product Validation Entity

Commissioner Hamrick entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Architectural Testing Inc. for Product Validation Entity

Commissioner Bassett entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

IBA Consultants for Product Validation Entity

Commissioner Bassett entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Conditional Approval

Architectural Testing Inc. – Minnesota for Product Testing Laboratories

Commissioner Bassett entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Hurricane Test Laboratory LLC-FL for Product Testing Laboratories

Commissioner Bassett entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Intertech Testing Services, NA for Product Testing Laboratories

Commissioner Carson explained the application was originally submitted under Product Testing Laboratories and the POC recommended denial. He further explained during the time since the POC meeting additional information has been provided and staff now recommends conditional approval upon accreditation verification.

Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Intertech Testing Services, NA for Quality Assurance Entity

Commissioner Carson explained the application had the same shortcomings as the previous case and the POC and staff recommendations were the same as well. He stated the recommendation is now conditional approval upon accreditation verification.

Commissioner Bassett entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Chairman Rodriguez then directed the Commission to Mr. Blair for review and approval of the product application approvals.

Mr. Blair then presented the applications for product approval as recommended by the POC:

Certification Method

Recommended Approval

161-R1; 272-R1; 274-R1; 320-R1; 451-R2; 993-R2; 995-R2; 1182-R2; 1322-R1; 1355-R1; 1356-R1; 1487-R1; 1825-R2; 1842-R1; 2072-R1; 2160; 2358-R1; 2472-R1; 2647-R2; 2847-R1; 2863-R2; 2865-R2; 3130-R2; 3515-R3; 3522-R1; 3595-R1; 3609-R1; 3611-R1; 3792-R1; 3793-R1; 3794-R1; 3873-R1; 4022-R1; 4200-R2; 4396-R2; 4449-R1; 4659-R2; 4689-R2; 4777; 4779-R1; 5005-R1; 5170-R1; 5419-R3; 5699; 5823-R1; 5839-R3; 5841-R1; 5859-R1; 5873-R1; 5983-R1; 5989-R1; 5994-R1; 5996-R1; 6003-R1; 6079-R1; 6108; 6159; 6334-R1; 6344; 6370-R1; 6398-R1; 6449; 6458-R1; 6500; 6656; 6703; 6708; 6709; 6711; 6712; 6715; 6716; 6717; 6720; 6721; 6722; 6723; 6728; 6730; 6735; 6736; 6738; 6739; 6740; 6744; 6745; 6746; 6747; 6750; 6752; 6754; 6755; 6760; 6771; 6778; 6782; 6785; 6786; 6788; 6789; 6793; 6794; 6796; 6797; 6801; 6802; 6805; 6806; 6810; 6813; 6818; 6819; 6822; 6829; 6830; 6836; 6837; 6838; 6842; 6856; 6861; 6862; 6868; 6870; 6872; 6876; 6879; 6880; 6890; 6899; 6906; 6907; 6908; 6910; 6911; 6912; 6914; 6917; 6918; 6920; 6921; 6948; 6954; 6955; 6962; 6971; 6973; 6975; 6976; 6978; 6984; 6985; 6986; 6990; 6996; 6997; 7006; 7008; 7009; 7012; 7013; 7017; 7018; 7025; 7031; 7032; 7034; 7037; 7039; 7040; 7047; 7053; 7054; 7055; 7056; 7058; 7059; 7060; 7063; 7066; 7067; 7072; 7077; 7078; 7079; 7080; 7081; 7083; 7085; 7087; 7088; 7090; 7092; 7093; 7094

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Conditional Approval

1075-R1

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicate "N/A" for Impact Resistance on product 1075.21.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

1876-R1

Mr. Blair stated the POC recommended conditional approval with the condition A&A verifies test and not for HVHZ is indicated.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

2009-R1

Mr. Blair stated the POC recommended conditional approval with the condition installation instructions are provided.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

2721-R1

Mr. Blair stated the POC recommended conditional approval with the condition installation instructions are provided and the second model is removed.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

5855-R1

Mr. Blair stated the POC recommended conditional approval with the condition Certification not indicating AAMA 101/IS2 is corrected.

5856-R1

Mr. Blair stated the POC recommended conditional approval with the condition Certification not indicating AAMA 101/IS2 or TAS 202 is corrected.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6351

Mr. Blair stated the POC recommended conditional approval based on Conditional Approval from May 2006 meeting; application did not comply with: Conditional Approval of: Certification to verify testing of 3) plastics in accordance with Chapter 26 FBC for HVHZ; application shall be consistent with "Exterior door components" subcategory on application; conditions shall be met by July 18.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6834

Mr. Blair stated the POC recommended conditional approval with the condition the applicant corrects test standards on application, the only standard certified is TAS 202 year 1994.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6840

Mr. Blair stated the POC recommended conditional approval with the condition design pressure indicated on the application is corrected.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6892

Mr. Blair stated the POC recommended conditional approval with the condition certification not indicating TAS/202 is corrected.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6969; 7049

Mr. Blair stated the POC recommended conditional approval with the condition Certification not showing structural load test is corrected.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7033

Mr. Blair stated the POC recommended conditional approval with the condition the applicant remove 7033.1, the NOA does not have evidence of testing or testing standards; 7033.2 has a similar NOA with an added exhibit with testing and standards; certification agency does not list this added exhibit; certification agency to verify certification of exhibit page.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7046

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicate the glass separation from the shutter.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7048

Mr. Blair stated the POC recommended conditional approval with the condition the applicant verify type of material tested; provide adequate description of product with thickness and anchors as tested.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7050; 7091

Mr. Blair stated the POC recommended conditional approval with the condition rational analysis is validated by Florida PE; indicate lock hardware used on testing.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7084

Mr. Blair stated the POC recommended conditional approval with the condition use outside HVHZ is indicated "No"; design pressure exceeds certification.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Deferral

7051

Mr. Blair stated the POC recommended deferral based on certification files not loading.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Denial

6207

Mr. Blair stated the POC recommended denial based on the application not complying with conditions of Deferral: remove files that have been uploaded with copyright issues; on limits of use indicate design pressure (rating of window), not tested pressure; the installation drawings don't indicate anchor spacing; application was not validated with conditions of deferral.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6537

Mr. Blair stated the POC recommended denial based on the application not complying with conditions of Deferral: Section 1523.6.5.2 requires clay tiles to be tested in accordance with ASTM C1167; the NOA does indicate this test was performed; test to required testing standard.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6630

Mr. Blair stated the POC recommended denial based on the application not complying with conditions of Deferral: Remove files that have been uploaded with copyright issues; on limits of use indicate design pressure (rating of window), not tested pressure; the installation drawings do not indicate anchor spacing; application was not validated with conditions of deferral.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6873

Mr. Blair stated the POC recommended denial based on products not being certified by certification agency selected; the installation instructions do not agree with test report requirements; the design pressure is above that allowable by test report.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6919

Mr. Blair stated the POC recommended denial based on applicant not being the same manufacturer as on certification; the NOAs are not testing standards, indicate testing standards; the Model Number or Name is not as in the certified product.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6922

Mr. Blair stated the POC recommended denial based on applicant not being the same manufacturer as on certification; the NOAs are not testing standards, indicate testing standards; the Model Number or Name is not as in the certified product.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6923

Mr. Blair stated the POC recommended denial based on applicant not being the same manufacturer as on certification; the NOAs are not testing standards, indicate testing standards; the Model Number or Name is not as in the certified product.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6924

Mr. Blair stated the POC recommended denial based on applicant not being the same manufacturer as on certification; the NOAs are not testing standards, indicate testing standards; the Model Number or Name is not as in the certified product.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Evaluation by Engineer or Architect

Recommended for Approval

1490-R1; 2148-R1; 2152-R1; 3136-R2; 3583-R1; 4065-R2; 4272-R1; 4604-R1; 4617-R1; 4872-R1; 5222-R1; 5257; 5611-R1; 6067-R1; 6102-R1; 6179; 6218-R2; 6276-R1; 6316; 6318; 6320; 6359; 6364; 6413-R1; 6426-R1; 6508; 6511; 6513; 6515; 6568; 6572; 6596; 6602; 6626; 6647; 6686-R1; 6696; 6700; 6701; 6702; 6704; 6748; 6749; 6761; 6762; 6781; 6800; 6817; 6824; 6841; 6853; 6855; 6869; 6871; 6881; 6895; 6896; 6904; 6915; 6938; 6939; 6941; 6943; 6944; 6952; 6964; 6968; 6972; 6983; 6993; 7005; 7016; 7019; 7030; 7038; 7041; 7062; 7071; 7073; 7099; 7100; 7104; 7110

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

4245-R1; 6243; 6648; 6667; 6707; 6729; 6909; 7064

Mr. Blair stated the POC recommended conditional approval with the condition the applicant submits hardcopy of evaluation report signed and sealed by evaluator.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

4442-R1

Mr. Blair stated the POC recommended conditional approval with the condition the applicant correct the Letter from Metalforming is not acceptable; Frank Callis does not work for the company.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

5722-R1

Mr. Blair stated the POC recommended conditional approval based on there being no verifiable evidence of testing or rational analysis; for 5722.2, .3 and .5722.5 limits of use indicate impact, but product has not been tested to the requirements of impact.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6671

Mr. Blair stated the POC recommended conditional approval with the condition the applicant provide analysis of anchors for negative pressures due to eccentricity of anchor; submit hardcopy of evaluation report signed and sealed by evaluator.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6798

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicates source of tested insulation on evaluation report; submit hardcopy of evaluation report signed and sealed by evaluator.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6866

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicates not for use in HVHZ unless tested to HVHZ requirements.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7045

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicates not for use in HVHZ; product not tested to Standards TAS 201, 202, 203.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7089

Mr. Blair stated the POC recommended conditional approval with the condition the applicant correct the product name on the application for consistency with evaluation.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Deferral

6889

Mr. Blair stated the POC recommended deferral based on no verifiable evidence of testing; validator is not independent from entity verifying installation instructions; indicate "No" for use within HVHZ unless tested for TAS 202 and plastic requirements on Ch. 26 for HVHZ; provide shear wall resistance capacity.

Don Wood, Representing Stoam Industries

Mr. Wood requested the deferral status be changed to a conditional approval status.

Mr. Blair asked if the applicant would agree to all the conditions presented in the POC recommendation.

Mr. Wood agreed stating the applicant would accept all the conditions presented.

Commissioner Carson referred the case to Mr. Berman for discussion and recommendation.

Mr. Berman stated the case would need to be reviewed whether it is recommended for deferral or conditional approval leaving the final decision to the product approval administrator (Mr. Berman).

Mr. Richmond then referenced the term shear wall resistance capacity and asked if it was a subjective term.

Mr. Berman responded the term is either right or wrong or the applicant may indicate not provided in its terms of use.

Commissioner Carson then moved approval for conditional approval for product # 6889. Commissioner McCombs entered a second to the motion. Vote to approve the motion resulted in 1 opposed (Sanidas). Motion carried.

Recommended for Denial

3887

Mr. Blair stated the POC recommended denial based on the evaluation report not identifying testing performed; on product 3887.1, evaluation report does not indicate design pressure or size; on product 3887.2, application shows incomplete data; mullion is a separate subcategory; missing hardcopy of evaluation report signed and sealed by evaluator.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7095

Mr. Blair stated the POC recommended denial based on testing laboratory not being accredited by an approved accreditation entity; accredited by AAMA, but AAMA is not an approved accredition agency, therefore application does not comply with Rule 9B-72.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Evaluation by Test Report

Recommended for Approval

2965-R1; 2984-R1; 6384; 6631-R1; 6882; 6901; 6902; 6930; 6950; 7103; 7109

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Conditional Approval

6638; 6987; 7021

Mr. Blair stated the POC recommended conditional approval based on installation instructions do not indicate glass separation; provide marked up drawings of test report.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6848; 6850; 6851

Mr. Blair stated the POC recommended conditional approval with the condition test reports are corrected to indicate the ASTM E1996 or TAS 201, 202 or 203 performance; certification of laminate is provided; or indicate not for use in HVHZ.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6710

Mr. Blair stated the POC recommended conditional approval with the condition the applicant verifies if for use in HVHZ, it shows compliance with TAS 125.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6843

Mr. Blair stated the POC recommended conditional approval with the condition the applicant verifies if for use in HVHZ, it shows compliance with TAS 125.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6864

Mr. Blair stated the POC recommended conditional approval based on QA selected indicated there is no QA agreement; and the applicant provides certification of laminates.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6877

Mr. Blair stated the POC recommended conditional approval based on the certificate of Independence missing from testing lab.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6947

Mr. Blair stated the POC recommended conditional approval based on the validator not being independent from testing lab; applicant corrects impact test designation; FBC requires testing to TAS 202 or DASMA 108.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6970

Mr. Blair stated the POC recommended conditional approval with the condition the applicant ensures complete test reports are uploaded and provides a marked up set of drawings; verifies that test reports indicate HVHZ testing , or remove Yes on HVHZ.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7082

Mr. Blair stated the POC recommended conditional approval based on validator not being independent from testing laboratory; subcategory is changed to : Products Introduced as a Result of New Technology"; indicate for exterior patio use only on limits of use; provide installation instructions pertinent to this product; indicate plastic requirements per Ch 26 if for HVHZ.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

7086

Mr. Blair stated the POC recommended conditional approval based on validator not being independent from testing laboratory; subcategory is changed to "Asphalt shingles"; indicate not for use in HVHZ unless tested to the plastic requirements of Chapter 26.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Deferral

6652

Mr. Blair stated the POC recommended deferral based on Certificate of Independence not being from testing laboratory; not validated by an approved validation entity; no indication of compliance with ASTM E1300; installation instructions do not indicate attachment to structure; indicate "No" for use within HVHZ.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6956

Mr. Blair stated the POC recommended deferral based on 6956.1 does not indicate type of laminate or attachment to substrate; 6956.2 does not indicate glass thickness; 6956.3 does not indicate glass thickness or attachment to substrate; installation instructions do not indicate attachment to structure; remove from testing standards AAMA 101 (not tested to all requirements) and AS is not a standard.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

6958; 6959

Mr. Blair stated the POC recommended deferral based on test report not indicating glass thickness or attachment to substrate; installation instructions do not indicate attachment to structure.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Evaluation by Evaluation Entity

Recommended for Approval

2253-R1; 6933

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Conditional Approval

5978-R1

Mr. Blair stated the POC recommended conditional approval with the condition the applicant change subcategory to Products Introduced as a result of New Technology.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Recommended for Denial

6186

Mr. Blair stated the POC recommended denial based on testing standard ASTM D5055 not verified by evaluation report; the rational analysis and testing reports are not verifiable by substantiating data; the certificate of independence from evaluator is missing; "No" was indicated for both inside and outside HVHZ; there is rational analysis in the evaluation therefore validation has to be done by a Professional Engineer.

Commissioner Browdy moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CONSIDER LEGAL ISSUES AND PETITIONS FOR DECLARATORY STATEMENT:

Chairman Rodriguez directed the Commission to Mr. Littlejohn for presentation of the legal reports and declaratory statements.

Update on Product Approval Revocations and Entry of Final Order if No Hearing Requested:

Mr. Littlejohn introduced David McCrea, a third year law student at Florida State University , and assisted in the development of legal's recommendations for the complaints that follow:

Mr. McCrea presented the cases as they appeared in each Commissioner's files.

FL 1033, Alufab Hurricane Shutters, DCA-06DC-139

Mr. McCrea then directed the Commission to Mr. Richmond for an overview of the case.

Mr. Richmond stated legal had proceeded against Alufab Hurricane Shutters, Inc. by filing an administrative complaint alleging the application was validated and evaluated by the same engineer, which constitutes a violation. He continued stating there has been no response from Alufab to the administrative complaint filed against them.

Mr. McCrea stated legal recommends the Commission revoke the product approval for the applications in violation by entering a motion to approve the Order to Revoke the product approval.

Commissioner Schulte moved approval of the Order to Revoke. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

FL 4592, Flamm Roofing Incorporated, DCA-06BC-141

Mr. Richmond stated the case was a complaint against Flamm Roofing, Inc. alleging the quality assurance entity identified by the manufacturer in their application has withdrawn and informed the Commission they no longer perform quality assurance services for the manufacturer. He continued stating there had been no formal response to the complaint but stated he had received a telephone message from Mr. Flamm the product had not been manufactured and the company was no longer in business.

Mr. McCrea stated legal recommends revocation through a motion to approve the Order to Revoke the product approval.

Commissioner Browdy moved approval for the Order to Revoke the product approval. Commissioner Carson entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

FL 1167, Windsor Door Company, DCA-06BC-144

Mr. Richmond explained an administrative complaint had been filed stating the same engineer had validated and evaluated the product, which constitutes a violation. He stated the company had failed to respond initially to product approval administrator, Mr. Berman, but have since contacted the department through its successor, Windsor Republic Doors, and have obtained approval under the successor name.

Mr. McCrea stated legal recommended to the Commission approving the Order to Revoke the product approval for Windsor Door Company.

Commissioner Carson moved approval of the Order to Revoke product approval for Windsor Door Company. Commissioner Schulte entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

FL 495, Associated Materials, Inc. d/b/a Alside, DCA-06-140

Mr. Richmond explained a complaint had been filed based on the same engineer performing the evaluation and the validation. He stated Associated Materials had not responded to the complaint until following the 2004 Code update cycle requiring a couple of Commission actions. He stated product approval 495 would need to be re-opened in order for the company to enter a legal validation, to which they have agreed.

Mr. McCrea stated legal recommended a conditional dismissal so the applicant may reapply with the administrator directed to accommodate the applicant in the re-application. He then called for a motion to rescind previous Commission action relating to the product approval, as well as a second motion to dismiss the petition.

Commissioner Carson moved approval to rescind the Commission's previous action relating to the product approval application. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Carson moved approval of the Order to Dismiss based on the conditions stated. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Schulte asked what would be the process if the applicant does not meet the conditions set forth by staff.

Mr. McCrea responded stating there had been a 30-day time limit placed in the system following notification and if the applicant does not fulfill the condition within the 30 days the approval will be revoked.

FL 1588, Florida Powder Coating and Shutter, Inc., DCA-06-142

FL 1701, Florida Powder Coating and Shutter, Inc.

Mr. Richmond stated the case involved two products with the same engineer validating and evaluating the products. He stated the manufacturer had since received approval for the products under the 2004 Code and had used a separate validator and evaluator for the products. Mr. Richmond continued stating the manufacturer had requested the inappropriate applications be withdrawn. He requested the Commission move to rescind previous action then move to approve re-application.

Mr. McCrea explained legal recommended there is a conditional dismissal based on re-application and allow the applicant to re-apply.

Commissioner Greiner moved approval to rescind the Commission's previous action relating to product approval. Commissioner Schulte entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy moved approval of the Order to Dismiss the petition based on the conditions set forth as stated. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

FL 3473, Weatherguard Building Products, Inc., DCA-06BC-143

Mr. Richmond explained the case involved the submittal of an application without the company's authorization, which contained the same engineer as evaluator and validator. He directed the Commission to Mr. McCrea for legal's recommendation.

Mr. McCrea stated legal recommended the Commission enter a motion to rescind previous action relating to the product approval application.

Commissioner Carson moved approval to rescind the Commission's previous action relating to the product approval application. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mr. McCrea then called for a motion for conditional approval of product FL-495 with the condition an independent evaluator and validator is submitted within the time frame set forth.

Commissioner Browdy moved conditional approval based on the conditions recommended by legal staff. Commissioner Carson entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Declaratory Statements:

Second Hearings-

None

First Hearing-

DCA06-DEC-094 by James V. Miller, QMI Security Solutions

Mr. Richmond presented the issues relating to the petition for declaratory statement along with the POC response and recommendation as they appeared in each Commissioner's files.

Commissioner Greiner moved approval of the POC recommendation. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

DCA06-DEC-120 by Bob Algood, Ice House America , LLC

Mr. Richmond stated the case had been deferred to the local appeals board.

No Commission action required.

DCA06-DEC-130 by Tina M. Neace, Florida Air Designs, Inc.

Mr. Richmond presented the issues relating to the petition for declaratory statement as well as the POC response and recommendation as they appeared in each Commissioner's files.

Commissioner Greiner moved approval of the POC recommendation. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

DCA06-DEC-131 by Walter M. Hotchkiss, SEA Limited

Mr. Richmond presented the issues relating to the petition for declaratory statement as well as the POC response and recommendation as they appeared in each Commissioner's files.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

CONSIDER COMMITTEE REPORTS AND RECOMMENDATIONS:

Accessibility TAC

Commissioner Gross presented the report and recommendations from the meeting of the Accessibility Technical Advisory Committee. ( See Florida Building Commission, Accessibility TAC, July 10, 2006 .)

Commissioner Gross then addressed the binding interpretation issue stating as a result of the Legislature prohibiting binding interpretation concerning accessibility issues, the future of the Accessibility TAC focus will include training, education, special projects, Rule 9B-7 amendments, and Code modifications in a limited scope. He then requested in the form of a motion for legal to research the areas the Accessibility TAC may work in and make recommendations to the TAC.

Commissioner Greiner moved approval to accept the report. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner McCombs moved approval to direct legal to conduct further research concerning tasks and focus for the Accessibility TAC. Commissioner Wiggins entered a second to the motion.

Commissioner Browdy requested clarification concerning the education process and the utilization of a charette as it pertains to the education process, and whether or not the product resulting from the charette may be made available to the public without creating conflict with the binding interpretation mandate.

Mr. Richmond responded stating there would be further discussion concerning the matter during the August meeting.

motion was unanimous. Motion carried.

Commissioner Tagliarini asked when accessibility would not be treated as a stepchild in terms of Code issues and be incorporated into the body of the Code.

Mr. Richmond responded stating the Commission had requested the Accessibility Code be treated differently.

Commissioner Tagliarini then asked how to proceed with issues relating to accessibility.

Mr. Richmond replied the issue is a local enforceability issue with the Commission having no jurisdiction over enforcement or interpretation of the Accessibility Code.

Structural – Code Administration TACs

Commissioner Wiggins presented the report of the Code Administration TAC meeting. (See Code Administration TAC Minutes July 10, 2006 .)

Commissioner McCombs moved approval to accept the report. Commissioner Carson entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Electrical TAC

Commissioner McCombs presented the report from the Electrical TAC meeting. (See Electrical TAC Minutes July 10, 2006 .)

Commissioner Gonzalez moved approval to accept the report. Commissioner Bahadori entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Energy TAC

Commissioner Greiner presented the report of the Energy TAC meeting. ( See Energy TAC Minutes July 10, 2006 .)

Commissioner McCombs moved approval to accept the report. Commissioner Carson entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Education POC

Commissioner Browdy presented the report from the meeting of the Education Program Oversight Committee. (See Education POC Minutes July 10, 2006 .)

Commissioner Browdy requested Commission action for approval of all courses to be accredited and placed in the BCIS pending FBC action, filed no less than 23 days prior to the Commission meeting and placed on the Commission agenda.

Commissioner Greiner moved approval of the POC recommendation. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy then requested Commission action for the approval of two letters to be sent to all training providers indicating DCA would not be developing new course materials unless authorized under Rule 9B-70 and that all courses previously approved by the Commission having been affected by Code changes must be updated.

Commissioner Greiner moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy then requested Commission action to initiate rulemaking for Rule 9B-70.001 and Rule 9B-70.002, Building Code Education Program.

Commissioner Bassett moved approval of the POC recommendation. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy requested Commission action concerning the following 24 courses:

Advanced Module Flexible Cords and Cables

Advanced Module Temporary Electrical Wiring

FBC High Velocity Hurricane Zone Requirements

Fla. Building Code Advanced 2004 Building Structural

National Electric Code on Labeled and Listed Electrical Equipment

2004 Advanced Build/Structural Summary (Internet)

Advanced FBC Enforcement & Education (Internet)

Advanced FBC Enforcement & Education (Home Study)

Advanced FBC Florida Building Commission (Internet)

Advanced FBC Permits And Application (Internet)

Advanced FBC Permits And Application (Home Study)

Advanced FBC Permits And Application (Instructor)

Advanced FBC The Commission Operations & Education (Internet)

Advanced FBC The Commission Operations & Education (Home Study)

Advanced FBC The Commission Operations & Education (Instructor)

Advanced FBC The Florida Building Commission (Home Study)

Advanced FBC The Florida Building Commission (Instructor)

Advanced Florida Building Code (Home Study)

Advanced Florida Building Code (Internet)

Advanced Florida Building Code Permits and Application (Home Study)

Advanced Florida Building Code Permits and Application (Internet)

Florida Accessibility Code For Building Construction – Chapter 11 -

Residential Plumbing

Advanced Code Module (Internet)

Commissioner Wiggins moved approval of the POC recommendation to approve the consent agenda of courses. Commissioner Tagliarini entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy then presented the following 7 courses recommended for Commission approval:

Advanced 2004 FBC Building/Structural

Revised Advanced 2004 FBC Building Summary

2004 FBC Building/Structural Summary

2004 Florida Building Code

Advanced 2004 Building Structural  

Advanced Building Structural Course  

Advanced 2004 Mechanical/Energy

Commissioner Gross moved approval of the POC recommendation to approve the consent agenda of courses. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy requested Commission action for the following 4 courses recommended for approval by the POC:

Advanced Accessibility

Indoor Environmental Quality

Advanced Module Indoor Environmental Qulaity

Advanced Building Structural

Commissioner Bassett requested the following 2 courses be removed from the consent agenda for further discussion: Indoor Environmental Quality and Advanced Module Indoor Environmental Quality. He stated the courses were recommended for conditional approval.

Commissioner Norkunas moved approval of the consent agenda less the two courses removed from the consent agenda. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy requested permission to defer the two courses identified by Commissioner Bassett until the next Education POC meeting.

Commissioner Browdy requested Commission action for approval of the following courses, which were recommended for approval with the conditions as specified by the POC:

Advanced FBC Enforcement

Advanced Florida Building Code

Advanced Florida Building Code Permits and Applications

2004 Florida Building Code Advanced

4-Hour Advanced Administrative Core Code Course

4-Hour Advanced Core Code Course (Internet)

Commissioner Carson moved approval of the POC recommendation. Commissioner Hamrick entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy stated two courses had been recommended for deferral, with the addition of the two courses removed from the consent agenda by Commissioner Bassett:

Advanced Administration (Internet)

Advanced Administration (Instructor)

Indoor Environmental Quality

Advanced Module Indoor Environmental Quality

Commissioner Gonzalez moved approval of the POC recommendation. Commissioner Carson entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy requested Commission action for five Fact Sheets which were recommended for approval by the POC. The Fact Sheets were as follows:

1. Alarm Systems 0506

2. Swimming Pool Efficiencies 0506

3. Manufactured Buildings 0506

4. Window Systems 0606

5. Ventilation and Air Conditions 0606

Commissioner Carson moved approval of the POC recommendation. Commissioner Hamrick entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Greiner moved approval to accept the report. Commissioner Gross entered a second to the motion.

Commissioner Bassett expressed concern relating to the DCA providing courses containing errors and stated he will continued to conduct research on the matter and will report back to the Commission on the inappropriate courses.

Chairman Rodriguez called for a vote on the motion. Vote to approve the motion was unanimous. Motion carried.

Med Kopczynski

Mr. Kopczynski addressed Commissioner Bassett's concerns relating to the two indoor environmental quality courses that were deferred stating the provider who purchased the courses should not be penalized because of a change in the format for the course. He stated the courses are actually more compliant than courses that are not brought before the Commission. He expressed support for Commissioner Bassett's concerns relating to errors contained in the courses and the idea that the courses should be reviewed and discussed, however, would not support penalizing the providers.

Chairman Rodriguez requested clarification concerning the courses being deferred and the consequences thereof.

Mr. Kopczynski responded stating by deferring action the providers will not be permitted to offer the courses. He continued stating if the providers were not offering the courses over the internet, they would not have come before the Commission.

Commissioner Bassett added one of the issues involved in providing courses over the internet is the greater number of participants possible. He then moved approval to direct staff to send a letter out to providers who have purchased the two deferred courses advising them not to make the courses available until action has been determined.

Mr. Richmond suggested further research would be necessary before action would be appropriate.

Product Approval POC

Commissioner Carson presented the report of the Product Approval Program Oversight Committee meeting. (See Product Approval Program Oversight Committee Minutes July 10, 2006 .)

Commissioner Carson requested in the form of a motion Commission action regarding three POC recommendations:

BCIS Modification Consistent with Approval/Affirmation of Accreditation Entities for System Status Changes with Follow-up Approval Affirmation

Commissioner Wiggins seconded the motion. Vote to approve the motion was unanimous. Motion carried.

Expiration Date Set to 1 Year from Previous Expiration Date Upon Entity Renewal or Revision

Commissioner Greiner seconded the motion. Vote to approve the motion was unanimous. Motion carried.

Begin Rule Development Process for Discontinuance of Editorial Revisions and Continue $300 Fee Applicable to Technical or Editorial Changes

Commissioner Wiggins seconded the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Kidwell moved approval to accept the report. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Hurricane Research Advisory Committee

Chairman Rodriguez presented the report of the Hurricane Research Advisory Committee meeting. (See Hurricane Research Advisory Committee Minutes July 11, 2006 .)

Chairman Rodriguez requested Commission action to adopt the HRAC's unanimous recommendation to continue with Phase II of the Windborne Debris Study as recommended by ARA, including post-hurricane assessments of windborne debris damage from any 2006 storms.

Commissioner Wiggins moved approval of the committee's recommendation. Commissioner Greiner seconded the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Kidwell moved approval to accept the report. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

ENERGY CODE TRANSITION STUDY WORK GROUP

Chairman Rodriguez stated the Energy Code Work Group met in Cocoa Beach on June 2, 2006, for the purpose of evaluating the Florida Solar Energy Center”s comparison and recommendations relating to the Florida Energy Code and the International Energy Conservation Code. He continued stating the work group was charged with making a recommendation to the Commission on whether to keep the Florida Energy Code as the template, or to adopt the IECC as the template. Chairman Rodriguez directed the Commission to Mr. Blair for an overview of the work group's recommendations.

Mr. Blair presented the recommendations of the work group. (See Energy Code Transition Study Workgroup , Report and Recommendations to the Florida Building Commission , http://consensus.fsu.edu/FBC/ectswg.html ).

Commissioner Greiner moved approval to accept the work group recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Greiner moved approval to accept the report. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

TERMITE WORK GROUP

Chairman Rodriguez stated the Termite Work Group met in Tampa on May 18, 2006. He directed the Commission to Mr. Blair for the work group's recommendations.

Mr. Blair presented the recommendations of the work group. (See Termite Workgroup, Report And Recommendations To The Florida Building Commission,

May 18, 2006, http://consensus.fsu.edu/FBC/tw.html) .

Commissioner Wiggins moved approval to accept the report. Commissioner Gross entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

WINDOWS WORK GROUP

Chairman Rodriguez presented the report of the Window Work Group. He directed the Commission to Mr. Blair for an overview of the work group's recommendations.

Mr. Blair presented the recommendations of the work group. (See Window Work Group Recommendations to the Florida Building Commission, May 31, 2006 .)

Commissioner McCombs moved approval to accept the report. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

PRODUCT APPROVAL VALIDATION WORK GROUP REPORT

Chairman Rodriguez stated the work group met in Tampa on June 1, 2006. He directed the Commission to Mr. Blair for an overview of the work group's recommendations.

Mr. Blair stated the recommendations from the work group will be presented at length during the August meeting.

Commissioner Carson moved approval to accept the report. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

ENFORCEMENT FORUM

Chairman Rodriguez stated the forum was convened to review concerns and discuss issues relating to the implementation of the Energy Code electrical requirements from an enforcement perspective. He stated the issue is to enhance education and awareness of the Florida Energy Efficiency Code for Building Construction and Electrical Load Management. Chairman Rodriguez continued stating many of the requirements were developed more than fifteen years ago and many jurisdictions have not been enforcing the requirements. He directed the Commission to Mr. Blair for an overview of the discussions.

Mr. Blair presented a report resulting from the discussions during the forum. (See Facilitator's Report)

Commissioner Bassett moved approval of the forum recommendations. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy moved approval to accept the report. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

SUPPLEMENTARY RULE DEVELOPMENT WORKSHOP ON RULE 9B-3.047 FLORIDA BUILDING CODE

Chairman Rodriguez stated during the February 2006 Florida Building Commission meeting the Commission voted unanimously to consider only amendments related to hurricane provisions, glitch and standard updates, and correlation issues during the 2006 Annual Interim Amendment Process. He continued stating during the March 2006 Commission meeting the Commission voted unanimously to adopt a proposed glitch Code amendment review process. Chairman Rodriguez further stated during the May 2006 Commission meeting the Commission conducted a rule development workshop to decide on the TAC's recommendations regarding the glitch Code. He noted the approved amendments have been posted on the website for the public's review. He then stated during the June 2006 Commission meeting the Commission had approved a windborne debris region designation for the Florida panhandle and included the panhandle windborne debris region designation into the Florida Building Code glitch cycle. Chairman Rodriguez directed the Commission to Mr. Littlejohn who would serve as hearing officer.

Mr. Littlejohn opened the rule development workshop at 4:03 p.m.

Chairman Rodriguez then called for public comment.

Mr. Blair explained the public comment process in effect for the rule development workshop. He stated the first issue for discussion was the Panhandle Windborne Debris Designation decision the Commission voted on June 19, 2006. Mr. Blair invited proponents to offer comment.

Proponents

Harold Owens, Building Inspector, Okaloosa County

Mr. Bloom first extended regrets for not attending the workshop held in Okaloosa County and expressed appreciation for the opportunity to offer comment concerning the issue. He then distributed a copy of the windspeed map for Okaloosa County for each Commissioner's review. Mr. Owens noted the treed terrain and stated the 25-mile area should be considered in terms of the windborne debris designation. He offered support for the 1,500-feet coastline boundary then stated the treed region makes a difference in terms of wind protection. Mr. Owens added a windborne debris designation would result in an immediate increase in insurance premiums for homeowners in the area and offered support for the Commission's June meeting action.

Jack Glenn, President, Florida Home Builders Association

Mr. Glenn offered support for the Commission's decision to revise the windborne debris region to be consistent with ARA's recommendation. He commended the Commission for the action in June stating the issue should be based on science and “de-politicized”. Mr. Glenn then offered a quote from Governor Bush's State of the State address:

“…It's time we base building codes on science, not on politics and thanks to the bill sponsored by Senator Constantine, we have the opportunity to make Florida 's buildings safer …”

Opponents

Kevin McCarty, Insurance Commissioner, State of Florida

Mr. McCarty expressed appreciation for the opportunity to speak to the Commission regarding pressing matters concerning the citizens of Florida . He stated as a former Florida Building Commission member he maintains great appreciation for the workload and tasks before the Commission and then addressed the issue of the Panhandle Windborne Debris Designation. Mr. McCarty stated the state of Florida is facing a critical crisis and reminded the Commission that the last two hurricane seasons have bestowed unprecedented damage on the state with 2.5 million insurance claims filed reaching $38 billion. He continued stating damage in the state reached all 67 counties and was not limited to one mile from the coast. Mr. McCarty then stated many insurance companies have announced their intent to no longer provide coverage in the state of Florida , making Florida a difficult sell. He stressed the seriousness of the situation stating there are only two ways to attain resolution to the problem. He explained one option would be to lure additional capital to the state of Florida . Mr. McCarty announced he had been working with a Congressional delegation to help build a National Catastrophe Fund which would provide economic recovery for Florida as well as other states plagued by natural disaster. He stated another option would be to lower the risk of insurance. Mr. McCarty announced the Florida Legislature has passed the Comprehensive Hurricane Mitigation Program to provide home inspections and grants for policy holders to retrofit their homes to reduce the potential loss of wind storm damage. He then asked the Florida Building Commission to be pro-active by passing tougher building standards for the Florida panhandle region and bring the region up to par with the rest of the state. Mr. McCarty explained the panhandle exemption has been based on two premises; i.e., hurricanes are less likely to hit the panhandle than the southern and central portions of Florida ; and the treed environment lessens windborne debris, which in turn lessens damage from the storms. He stated the last two hurricane seasons proved the first assumption to be flawed, producing Hurricanes Frances, Ivan, and Jeanne in 2004, then Hurricane Dennis in 2005. He continued stating even the tropical storm in 2006 caused damage to the panhandle region of Florida . Mr. McCarty further stated had the weather been slightly different in September of 2005 the devastation and destruction displayed on CNN from Hurricane Katrina could have easily been Pensacola , Fort Walton Beach , or Panama City instead of New Orleans . He stressed the significance that Hurricane Katrina missed the Florida border by less than 100 miles. Mr. McCarty addressed the second assumption concerning the treed environment lessening the effects of windborne debris in the panhandle region stating there was probably some merit to the argument. He then stated according to a report by the U.S. Commerce Department, windborne debris was a leading cause of damage resulting from Hurricanes Katrina and Rita. Mr. McCarty explained while the trees may provide some level of reduction in wind speed in certain areas, the trees themselves can become windborne and contribute to damage and debris.

Mr. McCarty stated as Insurance Commissioner of the State of Florida, he has toured the damaged areas of Florida and all of the gulf coast states and has seen older communities as well as newer communities built to a tougher code and from an insurance perspective as well as from the perspective of Florida consumers, the choice is clear. He explained prior to Hurricane Katrina, Alabama , Mississippi , Louisiana , and Texas all did not have uniform statewide building codes. Mr. McCarty stated Florida does have a uniform statewide building code with the glaring omission of the panhandle region. He urged the Commission to correct that omission then stated a survey conducted by the Institute of Building and Home Safety showed 70% of panhandle homeowners supported building homes with windborne debris protection even if there was a higher cost to homeowners. He further stated the survey showed 64% were unaware that their building standards were weaker than the rest of the state of Florida . Mr. McCarty concluded by stating strengthening building standards in the panhandle region would also encourage more insurance so homeowners will not be left in a market of last resort. Mr. McCarty thanked the Commission for the opportunity to speak on the issue.

Leslie Chapman-Henderson, Executive Officer, Federal Alliance for Safe Homes

Vice-Chair, Legislative Property and Casualty Insurance Reform Committee

Ms. Chapman-Henderson offered comment stating following a review of the Commission's decision concerning the Panhandle Windborne Debris Designation, the committee would request the Commission reconsider the windspeed and make it 120 mph rather than the 130 mph currently. Ms. Chapman-Henderson encouraged the Commission to re-examine the issue of insurance in the state realizing that all the issues are interconnected. She stated it would appear that only the panhandle is affected by the decision then explained everyone in the state may be affected because of the limits of capital available. Ms. Chapman-Henderson continued stating affordability of housing is a major issue then posed what is today's definition of affordable housing. She further stated the cost of losing everything, not only to storms but to wildfires, etc., must be factored into the equation in terms of housing affordability, not just the cost of building the house, but the cost of losing the home. Ms. Chapman-Henderson concluded by stating the ideal solution to insurance is preventing the loss initially.

Steve Burgess, Insurance Consumer Advocate for Florida

Mr. Burgess stated he was appointed by Florida 's Chief Financial Officer, Tom Gallagher, to serve as advocate and additionally was appointed by the Speaker of the House to serve on the Legislatively created task force for long term solutions to the homeowner's market problems. He expressed support for Mr. McCarty and Ms. Chapman-Henderson-Henderson's comments concerning the Panhandle Windborne Debris Designation. Mr. Burgess stressed there are major problems with homeowner's insurance in the state of Florida . He stated unless the issues are resolved, the problems will begin to affect other areas of the economy, including the building industry. He continued stating some of the resolutions currently underway are retrofitting homes to make them better able to withstand the effects of storms. Mr. Burgess further stated the last thing Florida needs is more houses that would require retrofitting in the future because they were not built to a higher standard initially. He urged the Commission to consider the effects on the entire state and its consumers when making the final decision.

Thaddeus Cohen, Secretary, Department of Community Affairs

Secretary Cohen extended appreciation for the opportunity to address the Commission. He reiterated Mr. McCarty's comments stating Florida is the gulf standard in terms of building codes. He stated he recently had the opportunity to speak before a body of insurance commissioners from around the country about hurricane preparedness and how what Florida is doing is a striking contrast as compared to its neighboring gulf states . Secretary Cohen stated the Commission has the opportunity to have Florida under a uniform standard in terms of windborne debris protection and asked the Commission to reconsider the decision made in Destin.

Secretary Cohen reminded the Commission Hurricane Katrina crossed south Florida and landed in the gulf headed, as everyone thought at the time, for Pensacola . He stated the department mobilized and moved food, water, supplies, men, women, and the National Guard, all preparing for the panhandle to take another hit. He posed to the Commission, had Katrina not wobbled west and hit the panhandle, would there be any discussion about windborne debris designation. He encouraged the Commission to revisit the ARA's study and decide what would be the maximum benefit for society as a whole, as taxpayers and citizens, with regard to what is inequitable, for open terrain and suburban areas, 120 mph would provide the maximum benefit; i.e., the best available science according to the study. Secretary Cohen asked the Commissioners to compare the cost of the maximum benefit in terms of windborne debris protection, to the cost of losing everything and living in a FEMA trailer for 24 months. He concluded by recommending the Commission reconsider previous action and make the more prudent decision and designate the 120 mph windspeed as the windborne debris region of the panhandle.

Guy Marvin, President, Florida Insurance Council

Mr. Marvin stated members of his organization write the vast majority of the insurance policies for the state of Florida . He continued stating insurance is a major aspect driving the economy of the state of Florida and is in a very fragile state following the last few hurricane seasons. Mr. Marvin stressed the importance of finding ways to attract private capital back to the market, which is not an easy thing to do. He continued stating re-insurers are hesitant to re-invest their capital back into the state of Florida . Mr. Marvin further stated one thing Florida can do is build its houses to a higher standard, which has been proven effective. He encouraged the Commissioners to take his points into consideration when revisiting the decision. Mr. Marvin added the trees in the panhandle region will be affected as development continues and as storms continue to bring damage to the area, resulting in the trees not being the same buffer they may currently be. He urged the Commission not to contribute to the vast housing stock in the state of Florida that needs to be retrofitted for storm resistance, and include the cost of retrofitting into the cost analysis for making the decision.

Theresa Fogorini and Jim Minardi

Ms. Fogorini stated she and her husband were speaking as concerned citizens, homeowners, and consumers in the state of Florida . She continued stating she and her husband lost their home in Hurricane Charley. Ms. Fogorini explained they lived in what they thought was a safely built older home. She encouraged the Commission to consider the costs incurred in losing not just a house, but a home, versus the cost incurred building to a higher standard. She appealed to the Commission to take a look at strengthening the Code so the cycle will be completed and not repeated. Ms. Fogorini added they lost their homeowner's insurance and have since been picked up by another insurance company. She stated because they built to the Code, and then some, they received some rebates on their insurance premiums.

Mr. Minardi added when he and his wife moved to Florida they bought a standard home and when Hurricane Charley came through the home disintegrated. He stated the home may have faired better had there been some retrofitting prior to the hurricane. He continued stating through education and research on their part, they have found there is a lot that can be done and with the construction of their new home, they are doing all they can to prevent future damage.

Kari Hebrank, Simpson Strong Tie

Ms. Hebrank stated Hurricane Ivan was not a design level wind event, nor were any of the other storms that have hit the Florida panhandle during the last couple of years. She stated the storms may have been design flood events, but not design wind events. Ms. Hebrank continued stating not requiring windborne debris protection is counter to shelter-in-place strategies in emergency management. She further stated cost really is not a factor due to the variety of types of protection available. Ms. Hebrank then stated the ARA study did not factor in the insurance discounts for mitigation and windborne debris protection that homeowners can receive. She explained requiring windborne debris protection at the time of construction is more cost effective than after-the-fact mitigation. Ms. Hebrank concluded by asking the Commission why should the taxpayers and policy holders of Florida keep funding rebuilding and recovery efforts of the panhandle when damage could be limited initially by establishing the windborne debris protection zone in the 120 mph region.

Jaime Gascon, Miami Dade County Office of Code Compliance

Mr. Gascon stated Miami-Dade County is the champion in windborne debris protection and in spearheading the efforts for impact protection. He stated his agency supports the ASCE-7 contour lines for the 120 mph designation.

Cecil Pierce, Vice President, American Insurance Association

Mr. Pierce echoed the comments of the other opponents then stated the panhandle's exemption is an omission that needs to be corrected.

Keith Lessner, Property Casualty Insurer's Association of America

Mr. Lessner offered support for all of the comments that have been made in opposition to the issue. He then requested the Commission consider three specific points relating to the issue; i.e., the ARA study and the conclusions produced in relation to the recommendations made as a result of the study: 1) the study itself notes a number of incomplete points requiring resolution; 2) to say the study is science-based it must provide theories and those theories must be tested and proven; 3) the recommendations are based on principles of terrain on which to base a building code, specifically for the panhandle region, not for the state of Florida. Mr. Lessner then encouraged the Commission to reconsider the issue and designate the 120 mph region.

Tim Reinhold, Institute of Business & Home Safety

Mr. Reinhold offered comment stating there was a very short amount of time in which to review all of the information presented in the study and encouraged the Commission to revisit their decision.

Rebuttal

Harold Owens, Building Inspector, Okaloosa County

Mr. Owens assured the Commission that homes in the panhandle region are being built to the wind speed designated for that area. He stated the decision should be based on the facts presented and not on people from higher offices voicing their opposition to the Commission's previous action. Mr. Owens then stated there have been studies indicating the ledge 30 miles off the coast of the panhandle region is a contributing factor to the storms decreasing in wind speed. He offered support for the Commission's decision.

Mr. Blair then called for public comment pertaining to other modifications.

Mod # 1918, Comment # 6

Joe Belcher, JDB Code Services

Mr. Belcher stated he had presented all his comments in writing and reviewed the items that need to be corrected.

Section 1507.2.9.2

Lorraine Ross, ARMA

Ms. Ross offered clarification stating only the words “valley lining” are being removed, not the entire item 1. She then stated after reviewing and comparing the asphalt shingle attachment in sections 1507.2.7 and R905.2.6, it was clear proper language was used in the Residential Code, however the same language did not appear in the Building Code. She recommended the language in the Residential Code be replicated in the Building Code for consistency and clarification.

Mod # 1792

Bob Volin, Air Design Concepts

Mr. Fuller offered support for the staff recommendation relating to the modification.

Arnold Verway

Arnold Verway, Okeechobee County Building Department

Mr. Verway stated vinyl siding has a tendency to leak. He continued stating all organic materials behind the siding needs additional help in terms of water resistance. Mr. Verway stated the Residential Code does not require additional water barrier paper under vinyl siding and it is very simple to apply the barrier. He encouraged the Commission to follow the lead of the better builders and require the water barrier in the Residential Code.

Mod # 1434

Gregory Cahanin, Cahanin Fire and Code Consultants, St. Petersburg

Mr. Cahanin stated the modification deals with updating the elevator code ASME A 17.1. He expressed concern with a statement he deemed confusing. He referenced the addenda to the ASME A 17.1, Section 2.11.6.3. Mr. Cahanin stated the addenda is important for both the elevator industry and the building industry because it allows certain elevators to be built without a machine room. He expressed support for the addenda, then referenced sectopm 2.11.6.3 stating it contains a statement that is counter to the requirements of the building code: “…egress from the interior of the car to any elevator landing by means of the car and hoistway doors shall be restricted once the car and hoistway doors are open…” Mr. Cahanin explained the sentence was added in the addenda and is confusing. He stated he made attempts to obtain clarification from Elevator Code Committee members and he was told the committee members are working to revise the language for clarification. Mr. Cahanin then requested the Commission to modify the adoption of the 2005 addenda by revising the language as presented in his narrative.

Mod # 1792

Tina Neese , Florida Air Design

Ms. Neese expressed opposition for the modification stating it is direct conflict with Manual J, 8 th Edition, and Manual F, Equipment Selection, in reference to selecting air conditioning equipment based on total capacity. Ms. Neese urged the Commission not to allow the modification to be included in the Building Code.

Ralph Moletki, State Certified Contractor, also with Southeastern Service and Equipment

Mr. Moletki offered support for Mr. Cahanin's comments concerning Modification # 1434.

Mod # 1792

Timothy DeKarion, Town of Davie , Chief Mechanical Inspector

Mr. DeKarion offered support for the staff recommendation concerning the modification then stated the code does not specify how total capacity is derived. He encouraged the Commission to specify in the code how the total equipment capacity and the total heat ratio are determined and state the sensible capacity and the latent capacity shall be determined from use of the manufacturer's and standard data application consistent with Manual J conditions.

Mr. Blair closed public comment and opened for Commission discussion and comment.

Commissioner Bassett offered comment stating initially the Commission adopted ASCE-7 unmodified for the entire state and is what would have been included in the Code if the Legislature had not intervened. He encouraged the Commission to adhere to the 120 mph wind speed line and then moved approval of the 120 mph wind line for wind borne debris protection in the Florida panhandle. Commissioner Vann entered a second to the motion.

Commissioner Wiggins offered comment stating the ASCE-7 120 mph wind speed criteria is an estimate and was not based on any research or study. He then expressed support for the recommendation by ARA stating the organization is a very reputable one and the Commission should base the decision on the best scientific information available.

Commissioner Browdy offered support for the recommendation from ARA in determining the correct wind speed designation for requiring windborne debris protection for openings. He stated the ARA study was a conservative approach utilizing the best scientific information available and it was thereby determined that terrain is more important than wind speed in determining the need for windborne debris protection for openings. Commissioner Browdy continued stating it is understandable that the insurance industry and the manufacturers of windborne debris protection products would oppose the Commission's decision because they will benefit from the increase in the cost of housing. He stated the insurance industry raises premiums related to the increased cost of protection products while reducing the risk of damage. He further stated over the years the Florida Building Commission has strengthened the Florida Building Code, always relying on the latest science. Commissioner Browdy then stated the insurance industry was supportive of the Commission's path promising offsetting costs to homeowners, and the result of those promises are insurance premiums that have never been more costly if the homeowner is fortunate enough to have insurance available. He concluded by stating the Commission decisions should not be about the welfare of a particular industry, rather the welfare of the citizens of Florida . Commissioner Browdy then added the Commission has historically objected to the Legislature politicizing the building code process encouraging the Commissioners not to base their decisions on the emotion or politics presented during comments, rather on the latest available science to create a Code for the benefit of all the citizens of Florida .

Commissioner Vann offered support for Commissioner Bassett's motion stating the issue is not a political issue but an issue of property preservation and life safety.

Commissioner McCombs offered support for the Commission's previous action stating he attended the meeting in Okaloosa County and listened to all the building officials from the area stating there was no windborne debris damage. He stated through the Commission, the citizens of the state of Florida paid for a science-based study by ARA.

Commissioner Greiner concurred with Commissioner Browdy and Commissioner Wiggins adding the ARA study appears to be the latest technical data available. He stated it would be irresponsible of the Commission to ignore the data relating to the terrain of the panhandle region. Commissioner Greiner continued stating regardless of the political environment the Commission should base their decision on the latest science available.

Commissioner Carson offered comment stating he is not an architect, a scientist, an engineer, nor a politician, merely a general contractor who happens to live in the panhandle of Florida . He stated he lived through the last few hurricane seasons and has put homeowners' houses or buildings back together and 99.9% of the damage was a result of trees going through roofs. He stressed when an 80-foot pine tree has fallen through the roof of a home, the homeowner is not primarily concerned with the windows. Commissioner Carson concurred with Commissioners Browdy, Greiner, and McCombs offering support for previous Commission action.

Commissioner Sanidas stated the issue before the Commission is nothing unusual in the country. He stated there has always been problems with codes and passing various requirements. He continued stating if a code is not enforced it does the community no good. Commissioner Sanidas some philosophies maintain “if it's good enough for yesterday, it's good enough for tomorrow.” He further stated there is no way to predict what tomorrow may bring and expressed support for building to the 130 mph requirements.

Commissioner Vann stated he is a subcontractor and makes attempts at making a profit in his work and tries to avoid markets where there is a consistent loss in revenue. He stated the Commission would be making a dramatic mistake by retaining the previous action. He explained businesses need to make a profit and if the insurance companies leave the state, it is because they cannot make a profit. Commissioner Vann encouraged the Commissioners to follow their instinct in voting on Commissioner Bassett's motion. He stated if their instincts are based on the feeling that ARA's recommendations were based on accurate science, then vote accordingly, but if there is any doubt about the accuracy of the study, then to vote for the 120 mph wind speed designation.

specifically because of the way the Commission was designed. He stated the Commission was designed to bring about serious and difficult discussions in order to make the serious decisions that must be made. Chairman Rodriguez stated it would have been much easier to design a Commission with a slant toward the conservative side or the liberal side, but instead the design was intended to strike a balance. He continued stating insurance companies know about risk and reward and in the capitalist system, the proof is in the market. Chairman Rodriguez further stated after the wind events of the past couple of years, the citizens of Florida have become much more conscious of the strength of storms. He referenced the homeowners who shared their story of losing their home to Hurricane Charley stating it is heart-wrenching when people move to Florida thinking they are buying a home built to certain standards and it is lost. He expressed great appreciation to the couple for sharing their story with the intention of helping others so the same thing doesn't happen in the future to anyone else.

Chairman Rodriguez then stated the issue is the result of a political decision which was made years ago and stated Commissioner Bassett was correct that the entire state would have been designated 120 mph if the Legislature had not intervened. He stated Florida is a varied state geographically and otherwise and it would behoove the Commission to consider that fact in their decision making process. Chairman Rodriguez explained he did not disagree with anyone who offered comments regarding the issue of the panhandle windborne debris region designation. He added the 120 mph designation would be the more conservative decision and would lower the risk of damage. He stated the building envelope is a system and when the Commission acted on the 120 mph for the entire state, ASCE-7 was the best available reference at the time. He further stated if the Commission makes a pendulum swing from one decision to the other based on political pressure it would be a disservice to all concerned. Chairman Rodriguez expressed deep belief that the Commission members and interested parties present know that the ARA study is the latest and best science available, not yet attacked by other scientists. He further stated much of what has made the Miami-Dade tougher requirements last was the show of support from the community as a whole, and that factor appears to be missing in terms of tougher requirements in the panhandle. Chairman Rodriguez then offered support for the Commission's action during the June meeting in Destin.

Chairman Rodriguez called for a vote on Commissioner Bassett's motion. Vote to approve the motion resulted in 3 in favor; 15 opposed. Motion failed.

Comments on the 2006 Supplement to the 2004 Florida Building Code

Section 423.14.8

Commissioner Greiner moved approval for Commissioner Hamrick's comments relating to Section 423.14.8. The motion was seconded. Vote to approve the motion was unanimous. Motion carried.

Mod # 1629

Commissioner Greiner moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mods # 1081, 1754, 1755,1756, 1774, 1771, 1775, 1777, 1753, 1114, 1769, 1776

Commissioner Bassett moved approval of staff's recommendation. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mod # 1792

Commissioner Greiner moved approval of staff's recommendation. Commissioner Wiggins entered a second to the motion.

Commissioner Bassett recommended not approving the modification because it is a non-glitch issue and more appropriate for a Code change and may not have been completely corrected.

Chairman Rodriguez called for a vote on the motion. Vote to approve the motion resulted in 1 opposed (Bassett). Motion carried.

Mod # 1753

Commissioner Greiner moved approval of staff's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mod # 1779

Commissioner Greiner moved approval of staff's recommendation. Commissioner Hamrick entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mod # 1782

Commissioner Greiner moved approval of staff's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mod # 1782

Commissioner Greiner moved approval of staff's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Section 507.2.7 Revision

Commissioner Greiner moved approval of staff's recommendation. Commissioner Sanidas entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Section 1609.4 Exposure C Definition

Commissioner Greiner moved approval of staff's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Section 1507.2.9.2 Valley Lining

Commissioner Greiner moved approval of staff's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Mod # 1752

Commissioner Hamrick moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Figure R301.2(4)

Commissioner Wiggins moved approval of staff's recommendation. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Section R403.1.6

Commissioner Greiner moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Section R606.4

Commissioner Greiner moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Table R609.6.1.2(1)

Commissioner Wiggins moved approval of staff's recommendation. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Section R609.6.1.3.2)

Commissioner Greiner moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Table R609.2.2A-3, Table R609.2.2A-4, Table R609.2.2A-1, Table R609.2.2A-2, Table R609.2.2A-3, Table 609.2.2A-4

Commissioner Greiner moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Figure R614.3(1)

Commissioner Wiggins moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Table R810-11A, Table R810.11.13

Commissioner Browdy moved approval of staff's recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Sections 1714.5.2.1, R613.3.2, R4410.2.3.2.1, Chapter 35

Commissioner Wiggins moved approval of staff's recommendation for editorial changes as presented. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Sections 2304.9.1, R304.5.4, R314.5.11, R609.4(B), R905.4.6, R905.6.6, R905.8.3, R905.8.6, R905.4.3, Table R905.6.2, Figure R403.1(1)

Commissioner Greiner moved approval of staff's recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner McCombs requested clarification concerning Table R703.4, comments by Arnold Verway.

Commissioner Bassett moved approval for Arnold Verway's comments. Commissioner Vann seconded the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Greiner moved approval of to proceed with rule adoption of Rule 9B-3.047, Florida Building Code, and the modifications as presented. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

COMMISSION MEMBER COMMENTS AND ISSUES

Commissioner Bassett thanked the Commission for holding the meeting in Broward County . He then offered comment stating there is a question concerning screened enclosures that has surfaced in the building industry in terms of the use of design manuals or master plans. He stated there needs to be a process for developing a plan with specific criteria then approved through a master plan process, or prototype approved.

Mr. Richmond added he had discussed the issue with Senator Dudley and it was suggested the issue be on the agenda for the August meeting.

Mr. Glenn stated the Florida Board of Professional Engineers established a policy which was effective in April 2006 addressing master plans and the AAF guide as well as other aluminum master plans. He stated during their last meeting they laid that action aside in favor of rulemaking relative to master plans and design manuals, which is slated to commence in October 2006.

Mr. Belcher, representing the Aluminum Association of Florida, added he attended the meeting of the Board of Professional Engineers and stated the board had no intention of addressing the aluminum guides in their rulemaking process as a prescriptive document. He expressed support for the issue appearing on the agenda for the August Commission meeting.

Mr. Dixon stated it is important for the Commission to work with the engineering board because they have legal authority to determine what is engineering and establish rules.

Commissioner Greiner concurred and stated it is important for the Commission to be involved because it could affect the way local officials handle master plans.

Commissioner Bassett then stated he brought the issue before the Commission because some of the decisions could affect the Commission in terms of what is required in the Code being consistent with what the engineers deem appropriate.

Commissioner Norkunas stated he had comments concerning the binding interpretation as it pertains to accessibility. He continued stating there is information he should have provided to the Commission when Commission Browdy initiated discussion, as well as other information concerning waivers the Commission needs to hear. Commissioner Norkunas requested placement on the August Commission meeting agenda in order to present his comments thoroughly.

Chairman Rodriguez stated the request was duly noted.

Commissioner Greiner offered commendation to Mr. Richmond for his work with the Legislature on behalf of the Commission and keeping the Commission informed on Legislative matters.

GENERAL PUBLIC COMMENT

Bruce Tumin, Tumin Engineering Company

Mr. Tumin presented Sun Sentinel and other media headlines stating hurricane shutters create fire hazards. He stated the Florida Building Code only requires one exit path from sleeping rooms and posed to the Commission if that is an adequate requirement. He continued stating one report revealed during Hurricane Andrew “storm shutters alone did not provide adequate protection.” Mr. Tumin stressed the only place to guarantee a family's safety during a storm is out of the path of the storm; i.e., evacuation. He stated evacuation, not storm shutters in place, should be the government's policy. Mr. Tumin added public safety should be the Commission's first priority. He encouraged the Commission to require quick release devices on storm shutters such as those required on security bars. He posed to the Commission, how many people must die before we change our codes.

Mr. Dixon corrected previous comment concerning the Code Hearings which will begin latter in the ICC Conference, July 21, 2006 through the following week.

ADJOURN

Chairman Rodriguez adjourned the Florida Building Commission meeting at 6:12 p.m.