MEETING
OF THE
PLENARY
SESSION MINUTES
JUNE 9, 2009
APPROVED AUGUST 11, 2009
The meeting of the Florida Building Commission
was called to order by Chairman Raul
Rodriguez
at 9:17a.m., Tuesday, June 9, 2009 at the Embassy Suites Hotel,
COMMISSIONERS PRESENT:
Raul L.
Rodriguez, AIA, Chairman
Richard Browdy, Vice-Chairman
Jeffrey
Gross
Angel
Franco
Jeff
Stone
James
Goodloe
James
K. Shock
Herminio
Gonzalez
Robert
G. Boyer
Drew
W. Smith
Chris
Schulte
Mark
Turner
Randall
J. Vann
Scott
Mollan
Jon
Hamrick
William
Norkunas
Kenneth
L. Gregory
Joseph “Ed” Carson
Raphael R. Palacios
Paul D. Kidwell
Tim
Tolbert
Dale
Greiner
COMMISSIONERS ABSENT:
Anthony M. Grippa
Hamid Bahadori
Doug
Murdock, Adjunct Member
Craig
Parrino, Adjunct Member
OTHERS PRESENT:
Jim
Richmond, DCA Legal Advisor
Jeff
Blair, FCRC Consensus Solutions
Mo
Madani, Technical Svcs. Manager
WELCOME
Chairman Rodriguez welcomed the Commission, staff
and the public to
Chairman Rodriguez explained
if anyone wished to address the Commission on any of the issues being
considered, they should sign the attendance sheet and as always, the Commission
would provide an opportunity for public comment on each of the Commission’s
substantive discussion topics. He stated
if anyone wanted to comment on a specific substantive Commission agenda item,
they should go to the speaker’s table so the Commission knows they wish to
speak. He concluded by stating public input was welcome, and should be offered
before there is a formal motion on the floor.
He further stated there was an
evaluation form available at the speaker’s table and welcomed anyone who would
like to fill those out to do so. He
stated doing so would provide the Commission information on what it was doing
right and what could be improved upon.
COMMISSIONER SELF INTRODUCTIONS
Chairman
Rodriguez stated the Commission would continue today with self
introductions. He further stated there
had been a very active turnover of Commission appointments. He stated the process of introductions began
with Commissioner Gross. He then stated the
Commissioners who sat on the Commission for longer introduced themselves at the
last Commission meeting. He further
stated those Commissioners who were recently appointed would do their
introductions at this meeting.
Commissioner Boyer stated he represented
the municipal county charter government in
Commissioner
Gregory stated he was president and part owner in Holland Commercial Pools in
Commissioner Mollan
stated he represented the mechanical contractors for the Florida Building
Commission and was also a member of the Mechanical TAC. He then stated he was born in
Commissioner
Palacios stated… inaudible first 30 seconds of his
introduction…then came to the
Commissioner
Schock stated he had been appointed to the Commission to fill the remaining
term of Christ Sanidas as a building official representative. He further stated his term ends in January
2011 at which time he would be reappointed.
He continued by stating after high school he received an associate
degree in architecture from the Pennsylvania Institute of Technology after he
which he served in the in the Army Corp. of Engineers. He stated after being honorably discharged
from service he began work at United Engineers of Philadelphia and
simultaneously began attending school at
Commissioner
Schock stated based on his design and construction experience he began work for
the City of Jacksonville Building Department 13 years ago and had managed the
division for the past 11 years. He then
stated at its peak there were 130 clerks, inspectors and plans examiners. He continued by stating while he was a new Commissioner
he was not new to the Commission. He
stated he had served on the Fire TAC almost since its inception, as well as the
Private Provider Workgroups 1 & 2, Termite Workgroup, Window Labeling Workgroup,
Hotel Accessibility Charette, Bedroom Definition Workgroup, Roofing Mitigation
Workgroup, Soffitt Workgroup, Accessibility Rewrite Workgroup, Floodplain
Workgroup, and the Green Building Group.
He further stated he had been recently appointed to the Structural TAC
and the Hurricane Research Advisory Committee.
He continued by stating he was also certified as an inspector and plans
examiner of all trades, a certified building official, and an ICC master code
professional. He stated he was a
professional engineer, and a special inspector on threshold buildings. He further stated he was the immediate past
president of the First Coast Chapter BOAF and the past chairman of the St.
Johns County Board of Appeals, for whom he was a continuing education provider
for the Board of Engineers. He concluded by stating he had been in construction
his whole life and he could not think of a better way to serve the public. He stated he appreciated the friends he had
met at the Commission and the people in the audience who show up every time.
Commissioner Stone
stated he represented the building materials industry. He then stated he started his professional
career in northern Illinois in civil engineering where he worked for two consulting
firms and eventually for the city of Aurora Engineering Department from
1965-1969. He further stated he moved to
Commissioner Stone
further stated he had organized a city effort to fund and develop and a
regional reclaim water utility which services the communities of
Commissioner Stone
stated when he was assistant city manager he considered being a full time
professor since he had been teaching administration at USF since 1991. He further stated a fellow graduate who was a
member of the St. Pete police department and he enrolled in a pirate USF
doctoral program in public administration.
He continued by stating fortunately they were able to take most courses
at USF but in 1985 they were required to spend two fulltime semesters at FSU to
serve a residency. He stated while his
friend was able to live on campus while taking a sabbatical, he had to commute
between St. Pete Beach and
Commissioner Stone
stated his dissertation was on public controversies, primarily
on the application of sound business practices in government. He further stated he despised the
bureaucratic behavior and poor decision making of typical governmental
entities, which his dissertation addressed.
He then stated his professors encouraged him to rewrite the dissertation
for popular consumption but before he could find time to do so the award
winning book “Reinventing Government” hit the bookshelves and his opportunity
was lost. He continued by stating
following his resignation from St. Pete Beach in 1994 he was contacted by the Southern
Building Code Congress to write its 1994 commentary to the standard code. He stated he had been very active in the
SBCCI since the early 1980s serving as chair of one of the original windload
committees. He further stated he typed
the original ??? to comply standard for single
family dwellings and the initial draft of
SBCCI’s ???-10?. He then stated within a few months of his
departure from the city he was also contacted by the American Paper and Forest
Association and by the DuPont Dumoors Company to represent their issues in
hurricane resistive issues in code development.
He further stated he was also contacted by a national public management
consulting firm to assist them in performing operation reviews and service
studies of local governments from
Commissioner
Smith stated he was representing the Green Building Industry on the Building
Commission. He then stated he was the
president of Two Trails?, a green building consulting
company based out of
Commissioner
Smith he stated it was an eventful time in his life when he met and married his
love and inspiration, his wife Debbie.
He further stated during that time he and other likeminded individuals
got together and got involved in a new concept for the building industry, thus
forming the Green Building Coalition in 2000, which he became the founding
president its first two years. He then
stated over the next two years he developed, with the help of his wife, a
company that took building to the next level and offered ongoing maintenance
programs for “greening up” existing homes as well as maintaining the homes
being built green to the same level of standards. He continued by stating at that time the
birth of Two Trails happened and has since evolved into one of the largest
green building consulting firms in the state working on all levels and types of
certifications. He stated they worked
with both the Florida Green Building Coalition programs as well as lead in NAHP
programs. He then stated through the
past several years he had many opportunities to serve in many capacities in the
Florida Building Industry including: Director on the National Association of Home
Builders, Florida Home Builders State Director, Vice-Chairman of the Florida
Home Builders Association Green Building Council, Board of Directors of the
Florida Green Energy Council, Trustee with the Florida Home Builders
Association Foundation, and he was just nominated as 2008’s Builder of the Year
in the Sarasota Building Industry Association, chairman of Manatee Sarasota
Home Builders Association Green Council, chairman of the USGBC Myakka River Branch
Lead for Homes Committee, and Lead AP on the board of directors for 7 years for
the Green Building Coalition and he assisted several county and local
governmental implementations of their green building ordinances. He stated it had always been his passion to
have a positive effect on people and the environment and he believed green
building and being a part of the Florida Building Commission was his way of
fulfilling that goal.
Commissioner
Tolbert stated he was 48 years old and had been in the building industry all of
his life, his dad was a general contractor.
He then stated he graduated
Commissioner
Turner stated he was on the Florida Building Commission representing the
electrical contractors of
REVIEW AND APPROVE AGENDA
Mr. Blair
conducted a review of the meeting agenda as presented in each Commissioner’s
files.
(audio break…)
Commissioner Browdy moved approval of the meeting agenda. Commissioner Greiner entered a second to the
motion.
Vote
to approve the motion as amended was unanimous.
Motion carried.
REVIEW AND APPROVE APRIL 20, 2009 AND APRIL 27, 2009 TELECONFERENCE
MEETING REPORTS, AND APRIL 7, 2009 MEETING MINUTES AND FACILITATOR’S REPORT
Chairman Rodriguez called for approval of the minutes from the April
20, 2009 and April 27, 2009 teleconference reports and the April 7, 2009
meeting minutes and facilitator’s report.
Commissioner Carson stated correction of his company name
Commissioner Greiner
moved approval of the teleconference reports and the minutes and Facilitator’s
Report from the April Commission meeting as amended. Commissioner Kidwell entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
CHAIR’S DISCUSSION ISSUES
AND RECOMMENDATIONS
(return of audio…)
…working at the right hand of Mr. Madani. He asked if Mr. Madani would like to say a
couple of things about
Mr. Madani stated
Chairman Rodriguez stated all of the Commission would
miss
Chairman
Rodriguez then announced the following appointments to the TACs and workgroups:
Flood Resistance Standards Workgroup
Phillip Wisely representing historic buildings and
Tom Allen representing BOAF have both been appointed to the Flood Resistance
Standard Workgroup.
Energy TAC
Brent Caldwell was appointed to replace Don Kitner on
the Energy TAC.
Plumbing TAC
Jim Bickford was appointed to the
Plumbing TAC.
Accessibility
TAC and Accessibility Code Workgroup
Catherine Powell was appointed to the Accessibility
TAC succeeding Pam Darworth
Chairman Rodriguez then addressed the impact the so-called Chinese
Gypsum board was having on the industry.
He stated it was safe to say not all Chinese board was contaminated but
all of the contaminated drywall discovered to date has its origins in
Chairman Rodriguez then stated one of the most important
issues the Commission would be addressing at the June meeting would be the
streamlining of Commission proceedings and adjusting fees. He then stated everyone was aware of the
economic situation which has resulted in a declining state budget as well as
reduced permit surcharge receipts during the past year. He further stated the Commission had made
changes to its processes to adapt to a reduced budget and would likely need to
continue operating in this mode for at least the coming year. He continued by stating the Commission
meetings had been moved from 3 day meetings every 6 weeks to 2 day meetings
every 8 weeks and most of the TACs and POCs were meeting by teleconferences
when the complexity of the issues being addressed allowed it. He then stated further adjustments will be
necessary as the coming fiscal year of 2009-2010. He stated there was a move in the Legislature
to reduce the Commission’s budget by 50% including more than a 50% reduction in
staff. He continued by stating the
Commission survived the Legislative budget cutting plan and on behalf of the
Commission he thanked the industry groups who lobby Legislators on behalf of
the Commission. He stated he did not
want to leave any organizations or parties out of the appreciations but would
like to thank the building owners and managers industry as well as the home
builders industry for their support, as well as other construction groups who
were helpful. He then thanked DCA, who
came up with a budget plan supported by the Senate which ultimately prevailed
in the Legislature and provided the Commission the opportunity to maintain what
was considered a viable level of service to the industry and to the
public. He further stated it was a very
important point to understand that a budget developed by DCA was based on
increasing the fee structure which was something no one liked to ever do, much
less during hard times. He stated the
Commission had to increase fees in order to provide funding for the Commission
operations. He continued by stating the
Legislature agreed to provide the spending authority in the budget, but did not
provide funds from the general state taxes.
He then stated
Chairman Rodriguez then stated
Ms. Jones stated the 2009
Legislature did appropriate $3 million to fund the Florida Building Commission
activities for the fiscal year 2009-2010.
She further stated there was an immediate $350,000.00 reduction compared
to the funding the Commission received last fiscal year. She explained
2.2 positions comparable to $95,000.00 had been deleted, OPS reduced by
$125,000.00, and another category used to fund a BOAF contract in another
appropriation category was reduced for $142,000.00 which came up to a reduction
of about $350,000.00 for this year’s budget.
She then stated she had provided the Commission with a Cash Analysis for
the 2009/2010 budget. She then
presented the report of the Cash Analysis 2009/2010 budget. (See Cash Analysis for the 2009/2010 budget)
Chairman Rodriguez asked if $800,000.00 would have to be
raised through Product Approval.
Ms. Jones responded stating $800,000.00 was the hole that
has to be collected. She further stated
it was the $800,000.00 needed for the Commission’s budget and it did not
include the fees needed to cover the administrators funding.
Commissioner Norkunas stated he was aware of the staff
positions that were cut, but he wondered if there could be a sense of the
Commission for raises for the staff. He
further stated he knew budgeting was tough but at the end of the day it costs
more to do everything. He asked the Commission to make a request because of the
quality of the staff a raise would be in order.
Chairman Rodriguez stated the Commission could make the
request. He then stated he believed it
would sound familiar because a lot of the Commissioners run their own
businesses and a lot of people were happy at present to have just retained
their jobs. He further stated he knew of
many businesses, not only his firm, but plenty of businesses were down to 4 day
weeks with 80% pay. He continued by
stating the feeling was it had taken a long time to assemble the team and the
team did not want to lose members. He
concluded by stating the Commission would be happy to go on record supporting
the quality of work the staff had been performing.
Ms. Jones stated she appreciated the comment and the
intent, but at present staff was happy to have a job and money has to be appropriated
through the Legislature.
REVIEW AND
UPDATE OF COMMISSION WORKPLAN
Mr. Dixon conducted a review of the
updated Commission workplan. (See Updated Commission Workplan June 2009).
Mr. Dixon stated he would only be addressing changes or
additions to the workplan. He stated
task 49 was added and noted there was a significant incident management
activity at the state led by the Department of Health on Chinese Drywall that
will be transitioned fairly quickly to other agencies as soon as the health
related factors were determined. He
stated Chinese Drywall was causing significant problems for homes. He then stated the definitive problem was the
effect of sulfur gases and possibly other acidic compounds on copper in
mechanical systems and on copper wiring which raised concerns about potential
fire hazards. He continued by stating
there were concerns about significant building related issues and respective
health issues. He further stated the
Commission was the agency within the state government to look to for a
determination for what would be done about the copper corrosion related problems. He stated the Commission had been put on the
workplan for the incident management team along with other state agencies
assigned by the governor’s office.
Mr.
Dixon stated the second task added to the workplan was an expansion of an
existing Energy Workgroup task. He
further stated the heart of that the task was to establish a plan for how to
achieve energy efficiency improvements for the Florida Building Code as required
in statute and added by HB7135.
Commissioner
Browdy moved approval of the updated workplan. Commissioner Tolbert 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 Leslie
Anderson-Adams for consideration of the Accessibility Waiver Applications.
Commissioner
Norkunas stated Rule 9B-7.003 stated a Commissioner
could remove applications from the consent agenda and he requested
#’s 4 and 7 be removed and considered at the end.
Ms.
Adams stated due to the lack of a quorum the council made individual
recommendations to the Commission as provided in Rule 9B-7.003(4).
Ms.
Adams presented the waiver applications for consideration. Recommended approvals were presented in
consent agenda format with conditional approvals, deferrals and denials being
considered individually.
Recommendation
for Approval with No Conditions:
#2 United Way of the
Ms.
Adams explained the petitioner’s request for waiver as it was described in each
Commissioner’s files. She stated the council unanimously recommended approval based on the applicant’s
demonstration that provision of vertical accessibility would create an economic
hardship as specified in Section 553.512(1).
She further stated the council noted due to the unique characteristics
of the lot on which the building was situated each floor already had an
accessible entrance at ground level.
#3
The Palms Hotel and Spa
Ms.
Adams explained the petitioner’s request for waiver as it was described in each
Commissioner’s files. She stated the council unanimously recommended approval based on the applicant’s
demonstration that the provision of full vertical accessibility to the existing
front entrance would create an unreasonable hardship in that it would threaten
or destroy the historic significance of the building. She further stated a new alternate entrance
would be provided at the site of the building and the existing lift at the
front entrance would remain in place.
She then stated it was also noted the new accessible site entrance would
provide a safer and more pedestrian friendly way to enter the building which
did not involve crossing the steeply sloped driveway of the front entrance.
#8
Ms.
Adams explained the petitioner’s request for waiver as it was described in each
Commissioner’s files. She stated the council unanimously recommended approval to the extent a waiver was actually necessary
in that the applicant demonstrated vertical accessibility would create an
unnecessary hardship because the sole use of the mezzanine would be as a
storage space which falls into the category of exemption to vertical
accessibility as provided in Section 553.509(2).
Commissioner
Carson moved approval of the council’s recommendation for approval of the
consent agenda for items 2, 3, and 8. Commissioner Kidwell entered a second to
the motion. Vote to approve the motion
was unanimous. Motion carried.
Recommendation for Approval with
Conditions:
# 5
Mr.
Adams explained the petitioner’s request for waiver as it was described in each
Commissioner’s files. She stated the council unanimously recommended approval based on the applicant’s
demonstration that provision of vertical accessibility to all rows of the
retractable bleacher system was technically infeasible and would create an
unreasonable hardship. She further
stated the recommendation was based on the condition that the accessible seats
would not be located on the ends of any of the rows and a companion seat would
be provided next to each accessible seat.
Commissioner
Carson moved approval of the Council’s recommendation. Commissioner Kidwell entered
a second to the motion. Vote to approve
the motion was unanimous. Motion
carried.
Deferrals
#1 Muvico Theaters Cocowalk
Ms.
Adams stated the application was requested for deferral by the applicant. She further stated the Council recommended
the consideration of the waiver request be deferred until August 2009.
#9
Ms.
Adams stated no one was present to represent the owner/applicant and the email
of diagrams was difficult, if not impossible, to be opened and could not be
shared with council members. She further stated some information was unavailable
regarding the location of the accessible seats and the total number of
seats. She then stated for those reasons
the council recommended the application be deferred until August to allow the
applicant time to get more information.
Commissioner Greiner moved approval of the council’s
recommendation to grant waiver. Commissioner Tolbert entered a second to the
motion. Vote to approve the motion was unanimous. Motion carried.
#6
The
Ms.
Adams stated there were individuals who wished to speak regarding the
applicant.
Larry
Schneider, AIA
Mr. Schneider stated he was an architect
accessibility consultant brought on board for the project at the 11th
hour. He stated the waiver before the
Commission was a brand new one story office building. He then stated if an “L” was laid down at the
intersection of a street, the parking would be on the top of that building, as
well as in the back. He continued by
stating the waiver request was based on the issue of vertical accessibility to
all levels. He stated under 553.512 a
waiver was allowed to be granted based on the determination of unnecessary,
unreasonable or extreme hardship. He
then stated, in his opinion, the applicant inadvertently asked for a hardship
license and under new construction there was no hardship. He further stated the request for the waiver
was under unreasonable and unnecessary, not as a hardship. He continued by stating as the requirement vertical
accessibility indicates shall be provided to all levels above and below the occupyable
grade level for the building structure or facility. He stated this was a
proposed one story retail building which has its parking located on the grade
and on the roof. He then stated the site
constraints to make this a viable project required the rooftop parking, which
makes it an interesting anomaly. He
further stated in his time dealing with the Commission this was the first time
he’d ever seen an application like this come before the Commission with a
waiver request. He continued by stating
all of the accessible parking required for the site was 3 spaces and all 3 were
on grade and all are open to the air. He
stated there were eight accessible on grade of which 3 were on grade and 5
street side parking therefore there was adequate grade level parking. He then stated all accessible parking was on
grade and the accessible parking was located directly by the building.
Mr. Schneider then stated when looking at the
requirements of the Florida Accessibility Code and the
Mr. Richmond asked if the original application
indicated financial hardship.
Mr. Schneider responded stating yes, but that was not
what his client should have been applying for.
He stated the council had recommended denial based on a hardship.
Mr. Richmond asked if the council had heard his
argument.
Mr. Schneider responded stating no, there had been no
discussion regarding unreasonable or unnecessary.
Mr. Richmond stated he believed as a matter of
deference to the council it should be sent back to them to see this argument
and make a recommendation on the particular items.
Commissioner Greiner stated with due respect to the
council he moved approval for deferral to send it back to the council.
Commissioner Smith entered a second to the motion.
Commissioner Browdy stated he thought it should be
noted there were only three members of the council present. He further stated while he would not object
to sending it back to the council, if there were only 3 members present in
August he would hope it could move forward and allow the Commission to move expeditiously
on it given the fact 3 members do not make a quorum.
Chairman Rodriguez stated he agreed with Commissioner
Browdy but one of the reasons to send it back would be to allow the council the
benefit of Mr. Schneider’s testimony.
Mr. Richmond stated the council was structured to
move forward in its rules in the absence of a quorum, unlike the Commission
itself they can make collective individual recommendations so the projects do
not get stalled by that requirement.
Mr. Schneider stated he appreciated those comments
and those were one of the reasons his client decided to bring it forward to the
Commission since there was no quorum at the council.
Vote to approve the motion was unanimous. Motion carried.
#4
Fire Rescue Station #64
Ms.
Adams explained the petitioner’s request for waiver as it was described in each
Commissioner’s files. She stated the council members present recommended a
waiver be granted for Florida Building Code Accessibility requirements as to
the second floor fire fighters’ dormitories and restrooms to the extent that
such requirements conflict with Uniform Federal Accessibility Standards (UFAS).
She further stated the recommendation was based on the applicants demonstration
that compliance with Florida Standards as adopted in the Florida Building Code
would create an unnecessary hardship because
#7
Ms.
Adams explained the petitioner’s request for waiver as it was described in each
Commissioner’s files. She stated the 2 of the council members recommended a
waiver be granted of the accessibility requirements to the 2nd floor
firefighters’ dormitories and restrooms for the reasons previously explained
in #4 Fire Rescue Station 64. She then stated the other council member
recommended the application be deferred until the August 2009 Commission meetings
to allow further research of the interplay between UFAS and the Florida
Building Code requirements. She further
stated all council members agreed it would be helpful to obtain additional
information.
Commissioner Norkunas moved approval of denial of
both #4 and #7. Commissioner Hamrick entered a second to the motion.
Chairman
Rodriguez asked Ms. Adams what the recommendation from the three members of the
council had been on these.
Ms. Adams responded stating for #4 Fires Station 64,
the recommendation was to grant the waiver and for #7, Winter Haven Fire Safety
Complex, two recommended granting the waiver ad the third recommended deferring
until August 2009.
Chairman Rodriguez asked the rationale for granting
the waivers.
Ms. Adams stated to the extent
Chairman Rodriguez asked Commissioner Norkunas if he
wanted to state the reasons he recommended denial.
Commissioner Norkunas stated when decisions like
these are made he sends out emails to 1,200-1,800 people on mailing lists which
he had developed for people with disabilities and organizations around the
state over the last 19 years. He further
stated the comments the Commission would hear come from scores of people who
share the opinion these waivers should be denied. He then stated he notice how full the
audience was at the meeting and he had not seen it so full since there was
discussion of changing the wind velocity zones in the panhandle. He further
stated when those individuals come forward and speak on issues such as interior
design or the swimming pool issues they make an impact. He continued by stating
when dealing with individuals who have ambulatory disabilities it was difficult
to fill a room with individuals simply because of the difficulty in
travel. He stated if the room could be
filled with 15-25 individuals in wheelchairs speaking their turn it may have
more of an impact on the Commission than his voice.
Commissioner Norkunas stated before the firefighters
put their first foot in the door it has to be designed and inspected. He further stated an inspector with a
disability would not be able to get up to the second floor. He then stated they had a very prestigious chairman
of the Waiver Council, Neil Mellick, who is legally blind. He continued by stating if he were going to
tell a group of people he would be designing a home and take his detailed
architectural plans to a blind man for review he wondered what the response
would be. He further stated Mr.
Mellick’s handicap did not have any effect on his ability to do his job and be
one of the most effective building officials in the state of
He
stated when he brought the argument to the waiver council their argument was
they had heard the case before. He
further stated when he brought them new information and there was a difference
between the first fire station and the other which was no unanimous. He continued by stating no one there believed
those with disabilities can be firefighters, but they could assist or support
the firefighters and others who visited and used the facilities. He further stated no one he works with or
argues for was maintaining they wanted equality with the firefighters, in fact
that want equality of a building. He then stated when new fire stations were
built in
Chairman Rodriguez asked if anyone was there on
behalf of the applicants.
No one was present for applicants.
Commissioner Hamrick stated he was sitting in the
Council’s meeting when this came up. He
further stated as Commissioner Norkunas read from the letter he began to think
of all the people who could not visit a fire house. He then stated he was not sure how a fire
house worked and had probably never been in one. He knew children often toured fire houses and
this would automatically deny access to a child who had physical disabilities
access to the second floor and the ability to tour the fire house. He stated he also thought of dignitaries who
may come to opening ceremonies, open houses where public was invited and were
the firefighters families invited to see where dad works. He then stated it would be denying public
access to a Title 2 entity where access was supposed to be provided to all
Title 2 entities.
Commissioner Franco stated he was in support of
Commissioner Norkunas’ motion. He further
stated he believed all new buildings no matter what its uses should have
access. He then stated he wanted to
point out fire fighting was a dangerous, intense profession with a great risk
of the fire fighter getting hurt. He
further stated if an injured fire fighter required crutches, braces or
wheelchair during recovery even he would not have access to the 2nd floor
and other members of his squad.
Robert
Fine
Mr.
Fine stated he was speaking as a member of the public. He then stated he was
not speaking in any disagreement with Commissioner Norkunas but when people
apply for waivers they were told if they were approved the first day they were
not required to come the second day. He further stated he comes because it was
his job and he knows how the process works, but if people come unrepresented,
as those fire stations did, they don’t know they could have left yesterday with
recommendations for granting and then get a note in a few days stating they
were denied by the Commission which could raise potential due process
issues. He then stated people need to be
told by staff, who acts in the best of intentions because they are small
businesses and there are costs to stay over.
He further stated if the people aren’t here and they get denied there
could be some potential due process issues if that was what staff routinely
tells people. He then stated if it were deferred or denied without prejudice
until the next meeting then the applicant represent and not just be blindsided
with a denial and they did not know they were supposed to be present.
Chairman Rodriguez stated he did not know who was
telling people if they get yes answers they just come up because that was not
the record. He further stated most of
the motions at the Commission were in support of the council and this was not.
Mr. Fine stated if it weren’t so much a normal course
of business where it was said virtually every time and the representatives
would know they had a hearing on the 2nd day and things had a real
likelihood of changes those individuals would probably be at the meeting
speaking for themselves.
Chairman Rodriguez stated the recommendations were
made to the Commission and the Commission made the decision and any assumption
otherwise would be unwise.
Commissioner
Carson asked if the applicants were represented yesterday.
Ms.
Adams responded stating there was a representative from the Fire Rescue Station
#64, but not for the Winter Haven Fire Safety Complex.
Commissioner Norkunas stated he spent an inordinate
amount of time after the meeting with the representative from Fire Rescue
Station #64 and he was unaware of the letters from the Department of Justice,
because he stated it might have made a change.
He then stated the representative was informed. He further stated he presented the same
argument to the representative and recommended he attend the Commission
meeting.
Commissioner Greiner stated the situation had been
looked at for some time. He further
stated there had been a lot of fire stations approved and there had been a lot
of fire stations built with and without elevators. He then stated in the interest of trying to
determine what the real answer was he recommended it be deferred and send it
back to the Council to let them research it and get all of the necessary data
to make an intelligent decision. He
stated there was obviously something in use that could go both ways and an answer
which was more definitive than what has been done.
Commissioner Carson asked for an explanation of the
last sentence on the overhead screen. He
further stated he agreed with Commissioner Greiner because based on that
sentence it would appear a deferral would be in order.
Commissioner Goodloe stated he was in support for
deferral and sending it back to the Council because he had lived in fire
stations as a fire fighter and can understand the arguments on both sides of
the issue. He further stated there was a
lot of information which would lead him to vote to deny.
Commissioner Browdy stated he had wanted to hear from
Commissioner Goodloe and certainly respected his opinion. He further stated he realized the Commission
never set precedent but fire stations were all typically viewed in one light
and he was afraid if the decision were made precipitously it may not have the
weight it deserved. He then stated he
would also support a deferral in concurrence with Commissioner Greiner and
Commissioner Goodloe.
Mr. Richmond stated there were basically two
procedural mechanisms which could be utilized to achieve a deferral at this
point. He then stated the maker of the
motion and the second of the motion could withdraw the motion or accept a
friendly amendment of deferral or he could table the motion until the next
Commission meeting with direction to have further input from the Council at that
meeting.
Commissioner Greiner asked if the Commission could
vote on the current motion and not accept it and then make a new motion for
deferral.
Mr. Blair stated a substitute motion could also be
made simultaneously. He further stated
it would be more complicated but it could be done.
Commissioner Norkunas stated he would reluctantly
accept the amendment to his motion as long as the record indicated he had
requested denial of the waivers. He then stated sitting around the room were
some of the smartest people there were in their various fields and he had
stated many times when he did not know an answer the chairman had stated he
must vote. He stated to make his
decision to vote when he was not sure of the answer he looked to the commissioner
in that particular field of expertise for guidance. He then stated he felt the issue should be
voted on by the Commission because the principal criteria required to be
appointed to the Accessibility Council was to have a disability. He continued by stating it would be sent back
to individuals who struggled with it the first time because they were not
engineers or fire fighters. He then
stated maybe another friendly amendment was in order.
Mr. Richmond stated that was the reason he had
suggested tabling the current motion so it would keep the posture of denying
the waiver which keeps it evident to the potential applicants.
Commissioner Norkunas stated that was fine.
Commissioner Stone moved approval to table the motion
to deny until the next Commission meeting. Commissioner Schulte entered a
second to the motion.
Commissioner Norkunas stated he had thought about
making his motion with an exception, i.e. the applicant could go ahead and do
what it would like except in the areas of the fire fighters, with the condition
when it stopped being a fire station an elevator would be required. He then stated that could be 20 years down
the road and no one would remember this and when they eventually left the
building the people would come back before the Commission looking for a waiver
and stating it was built 20 years ago and would then cost them
$100,000.00. He further stated he had
found no way to offer that in a motion.
Chairman Rodriguez stated he believed Commissioner
Norkunas was right and unless he heard compelling testimony at the next meeting
he was convinced by the evidence he had presented that it would be wise to
consider the different individuals mentioned who might require the access and
it was true with the scope of the project it would be a small addition. He then stated in an abundance of caution
what Commissioner Norkunas graciously accepted was tabling his motion and it
gives the Commission an opportunity to hear more information and hopefully have
the full Council. He further stated if
the applicants felt the same they would either come or not and pursue it before
a full council.
Commissioner Greiner stated this would allow
testimony in August with respect to pros and cons. He asked if it would allow Council to discuss
it in their meeting and provide information to the Commission.
Vote to approve the motion was unanimous. Motion carried.
Commissioner Norkunas thanked the chairman stating
his words were always comforting.
Chairman Rodriguez stated it would be two months but
at that time not only would the Commission have all of the information it
needed but also the information the Council might need for future
applications.
Commissioner Franco stated someone had stated the
applicant may remove their request. He
then stated if they did remove their request he believed the Commission should
still discuss the fire station issue.
Commissioner Rodriguez stated the common wisdom today
would be to avoid two-story fire stations where the property allows. He further stated that was a 2nd
year design problem for his school because of the circulation issues that had
to be resolved. He stated fire stations
continue to be a very interesting design assignment although they were usually
not huge projects.
Commissioner Franco stated the fire stations he had
designed were required to be accessible.
CONSIDER
APPLICATIONS FOR PRODUCT AND ENTITY APPROVAL
Chairman Rodriguez directed the
Commission to Commissioner Carson for presentation of entity approvals.
Commissioner Carson stated the following entities were
recommended for approval by the POC:
CER-1497 Intertek
Testing Services NA Inc. - ETL/Warnock Hersey
CER-1508 Window and Door
Manufacturers Association
CER-1840 FM Approvals – CER
CER-6750 Architectural Testing, Inc.
TST-1509 Intertek Testing Services NA Ltd.
TST-1987 RADCO, Inc.
TST-1999 Construction Testing
Corporation
TST-2542 Terrapin Testing, Inc.
TS-T8039 Quest Consulting and
Testing, Inc.
QUA-3096 CI Professional Services,
Inc.
Commissioner Carson moved approval
of the POC recommendation. Commissioner
Schulte entered a second to the motion.
Vote to approve the motion was unanimous. Motion carried.
Mr. Blair stated there was a consent agenda for all those
issues that were posted with the same result from all four compliance methods
either for approval, conditional approval or deferral. These were the ones
without comment or there was no change to the recommendation as proposed
presented. He stated if no commissioner
wished to pull any if the products for individual consideration he asked for a
motion to approve the consent agenda for all four compliance methods for
approval, conditional approval and deferral.
Commissioner Browdy entered a motion to approve the
consent agenda as amended for all four compliance methods for approvals,
conditional approvals and deferrals.
Commissioner Greiner entered a second to the motion. Vote to approve the motion was
unanimous. Motion carried.
Mr. Blair presented the following
products for consideration individually:
11484-R1
Mr. Blair stated the product was recommended for conditional
approval stating the applicant needed to remove listing of products and provide
a single certificate for the product on application.
Commissioner
Carson moved approval of the POC recommendation. Commissioner Schulte entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
12459
Pella Corporation
Mr. Blair stated these products were recommended for
conditional approval stating the applicant needed to remove listing of products
and provide a single certificate for the product on application.
Commissioner
Carson moved approval of the POC recommendation. Commissioner Schulte entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
12599
Pella Corporation
Mr. Blair stated the product was recommended for approval.
Commissioner
Carson moved approval of the POC recommendation. Commissioner Schulte entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
12602
Pella Corporation
Mr. Blair stated the product was recommended for approval.
Commissioner
Carson moved approval of the POC recommendation. Commissioner Schulte entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
12017
USA Shutter Company LLC
Mr. Blair stated the product was recommended for denial.
Commissioner
Carson moved approval of the POC recommendation. Commissioner Schulte entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
12523
United Steel Products Company
Mr. Blair stated the product was withdrawn by the
applicant.
822-R2
United Steel Products Company
Mr.
Blair stated the product was recommended for approval.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
9362-R2
Flesher Windows, Inc.
Mr.
Blair stated the product was recommended for conditional approval stating the
applicant needed to remove note from product of .1 and the use of IG glass on
application to match the certification.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
10791-R1
Traco Windows and Doors, Inc.
Mr.
Blair stated the product was recommended for approval.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte entered
a second to the motion. Vote to approve
the motion was unanimous. Motion
carried.
12422
Traco Windows and Doors, Inc.
Mr. Blair stated the product was recommended for conditional
approval stating the applicant needed to indicate yes for use outside the HVHZ.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
12423
Traco Windows and Doors, Inc.
12424
Traco Windows and Doors, Inc.
12429
Traco Windows and Doors, Inc.
Mr. Blair stated the product was recommended for
conditional approval stating the applicant needed to indicate "Yes"
for use outside HVHZ.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
12497
Loewen Windows
Mr. Blair stated the product was recommended for conditional
approval stating the applicant needed to
indicate on limits of use: For use
within HVHZ product shall not be used above 30 ft. height.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
3848-R3
Mr.
Blair stated the product was recommended for approval stating the applicant
needed to indicate for products 3848.1 and 3848.2 remove note indicating
"glass thickness may vary according to ASTM E1300 glass chart
requirements" or indicate not for use within HVHZ.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
5368-R1
Neogard Division of Jones Blair
Mr.
Blair stated the product was recommended for conditional approval stating the
applicant needed to provide QA Agency contract.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
5889-R1
Shwinco Industries Inc.
Mr.
Blair stated the product was recommended for conditional approval stating the
applicant to provide installation drawings with the mullion material as tested
and evaluated.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
8947-R1
Palram
Mr.
Blair stated the product was recommended for conditional approval stating the
applicant to indicate on Installation Drawings Note 6.1: This panel is not to be exposed or
permanently attached to structure.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
11656
Graham Architectural Products
Mr. Blair stated the product was recommended for
conditional approval stating the applicant needed to revise glazing detail and
bill of materials to indicate sealant type as tested.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
12455
Applied Solar, Inc.
Mr. Blair stated the product was recommended for conditional
approval stating the applicant 1.Upload drawings to the evaluation outlining
the dimensions. 2. Provide calculations as an uplift system through RAS 127. 3.
Provide evidence of testing to ASTM E-108.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
12450
Lookout Shutters Incorporated
Mr. Blair stated the product was recommended for conditional
approval stating the applicant needed to provide
test reports to Administrator to verify that product was tested in accordance
with evaluation.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte entered
a second to the motion. Vote to approve
the motion was unanimous. Motion
carried.
12469
Centurion Security Screen Co, LTD
Mr. Blair stated the product was recommended for
conditional approval stating the applicant revise the evaluation report to provide
proper testing laboratory name.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
12516
Mr. Blair
stated the product was recommended for conditional approval stating the
applicant revise evaluation reports for
to provide proper subcategory.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
12109
Four Seasons Solar Products LLC
Mr. Blair stated the product was recommended conditional
approval stating the applicant to revise application to indicate “This product
may be used in HVHZ provided the requirements of Section 1609.1.2 and 2413 of
the 2007 FBC are met.”
Commissioner
Carson moved approval of the POC recommendation. Commissioner Schulte entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
10495
–R1 Automatic Stamping, LLC
Mr.
Blair stated the product was recommended for approval.
Commissioner Carson moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
6223-R1
Mr. Blair stated the product was recommended for deferral
as requested by applicant.
Commissioner
Kidwell moved approval of the POC recommendation. Commissioner Schulte entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
7809-R2
Mr.
Blair stated the product was recommended for deferral as requested by the
applicant.
Commissioner Kidwell moved approval of the POC
recommendation. Commissioner Schulte
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
CONSIDER APPLICATIONS FOR ACCREDITOR
AND COURSE APPROVAL
Accreditor
Approvals
There were no applications for Accreditor to be
approved.
Course Approvals
Commissioner Browdy stated there were four courses
being submitted
for consideration by the
Florida Building Commission that have been reviewed by the Education POC:
Advanced
Course For Pool Contractors – The 2007
Commissioner
Tolbert moved approval of the POC recommendation. Commissioner Gregory entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
2007
Commissioner
Gregory moved approval of the POC recommendation. Commissioner Kidwell entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
Advanced Code
Module Course For Electricians, BCIS Course #349
Commissioner Gregory moved approval of the POC
recommendation. Commissioner Kidwell
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
Advanced Code
Module Course For Electricians – Online, BCIS Course #350
Commissioner Browdy 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 then stated the following courses were administratively approved:
Advanced FBC
Enforcement and Education, BCIS Course #169.1
Advanced FBC
Enforcement and Education, BCIS Course #170.1
Advanced FBC:
Advanced FBC:
Advanced FBC
Permits and Applications, BCIS Course #172.1
Advanced FBC
Permits and Applications, BCIS Course #173.1
Advanced
Advanced
Commissioner
Kidwell moved approval of the POC recommendation. Commissioner Gross entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
CONSIDER LEGAL ISSUES AND PETITIONS
FOR DECLARATORY STATEMENT: BINDING INTERPRETATIONS: REPORTS ONLY
DECLARATORY STATEMENTS:
Legal
Issues:
Binding Interpretations:
Declaratory
Statements:
Second
Hearings:
DCA08-DEC-207
by Anthony Apfelbeck, Fire Marshall/Building Official, City of
Mr.
Richmond explained the issues presented in the petition for declaratory
statement and the committee’s recommendations as they appeared in each
Commissioner’s files.
Commissioner
Greiner moved approval of the committee recommendation. Commissioner Kidwell entered a second to the
motion. Vote to approve the motion was unanimous. Motion carried.
DCA09-DEC-009 by
Mr. Richmond explained the issues presented in the
petition for declaratory statement and the committee’s recommendations as they
appeared in each Commissioner’s files.
Commissioner
Gregory moved approval of the withdrawal.
Commissioner Greiner entered a second to the motion. Vote to approve the
motion was unanimous. Motion carried.
DCA09-DEC-025 by Brad
Mr.
Richmond explained the issues presented in the petition for declaratory
statement and the committee’s recommendations as they appeared in each
Commissioner’s files.
Commissioner
Kidwell moved approval of the withdrawal.
Commissioner Schulte entered a second to the motion. Vote to approve the
motion was unanimous. Motion carried.
DCA09-DEC-045 by Brad
Mr.
Richmond explained the issues presented in the petition for declaratory
statement and the committee’s recommendations as they appeared in each
Commissioner’s files.
Commissioner
Greiner moved approval of the withdrawal.
Commissioner Kidwell entered a second to the motion.
Commissioner
Hamrick stated what was on the screen and the printed versions appear different
under item 7, Conclusion of Law.
Mr. Richmond stated there was an “of” instead of an
“or”.
Chairman Rodriguez called for a vote to approve the
motion.
Vote to approve the motion was unanimous. Motion carried.
DCA09-DEC-053
by James R. Schock, City of
DCA09-DEC-062 by Dan Arlington,
Mr. Richmond explained the issues presented in the
petitions for declaratory statements and the committee’s recommendations as
they appeared in each Commissioner’s files.
Commissioner
Kidwell moved approval of the withdrawal.
Commissioner Franco entered a second to the motion. Vote to approve the
motion was unanimous. Motion carried.
Chairman
Rodriguez asked if Commissioner Schock should recuse himself
since he was the applicant on one of the declaratory statements.
Mr. Richmond responded stating although it would not
have a direct impact on his financial interests, he probably should as a matter
of clean record.
Vote to approve the motion was unanimous. Commissioner Schock abstained. Motion carried.
First Hearings:
DCA09-DEC-069
by Michael Huddy of Barrier Technology Corporation
Withdrawn. No
Commission action necessary.
DCA09-DEC-115 by Mary Mead
DCA09-DEC-119 by Emil Veksenfeld
Dismissed for failure to meet necessary requirements. No action Commission action necessary.
DCA09-DEC-121
by Robert Dunn of Collier County Building Department
Mr. Richmond explained the issues presented in the
petition for declaratory statement and the committee’s recommendations as they
appeared in each Commissioner’s files.
Commissioner
Greiner moved approval of the withdrawal.
Commissioner Kidwell entered a second to the motion. Vote to approve the
motion was unanimous. Motion carried.
DCA09-DEC-129 by Rodger
Deferred. No Commission
action necessary.
DCA09-DEC-130 by James Schock P.E. of
Building Inspection Division of City of
Mr.
Richmond explained the issues presented in the petition for declaratory
statement and the committee’s recommendations as they appeared in each
Commissioner’s files.
Commissioner
Kidwell moved approval of the withdrawal.
Commissioner Greiner entered a second to the motion. Vote to approve the
motion was unanimous. Commissioner
Schock abstained. Motion carried.
DCA09-DEC-138 by Nick D’Andrea, City of
Mr. Richmond explained the issues presented in the
petition for declaratory statement and the committee’s recommendations as they
appeared in each Commissioner’s files.
Commissioner
Greiner moved approval of the withdrawal.
Commissioner Carson entered a second to the motion. Vote to approve the
motion was unanimous. Motion carried.
DCA09-DEC-139 by David G. Karins, P.E.
of Karins Engineering Group, Inc.
Mr.
Richmond explained the issues presented in the petition for declaratory
statement and the committee’s recommendations as they appeared in each
Commissioner’s files.
Commissioner
Kidwell moved approval of the withdrawal.
Commissioner Carson entered a second to the motion. Vote to approve the
motion was unanimous. Motion carried.
SECTION 553.73(10)(d), F.S., Review of
FBC/FFPC Local Interpretation Conflict Requested by Bill R. Moore of Waldrop
Group Regarding
Deferred
until August.
CONSIDER
COMMITTEE REPORTS AND RECOMMENDATIONS:
Code
AdministrationTAC
Commissioner Gonzalez presented the report of the
Code Administration TAC. (See Code Administration TAC Minutes May 26, 2009).
Commissioner
Gonzalez moved approval to accept the report.
Commissioner Carson entered a second to the motion. Vote to approve the motion was
unanimous. Motion carried.
Commission Process Review Ad Hoc
Chairman Rodriguez presented the report of the
Commission Process Review Ad Hoc. (See Commission Process Review Ad Hoc Report)
Chairman Rodriguez stated he had the privilege of
chairing the committee with14 of the commissioners in attendance and everyone
participated.
Chairman Rodriguez thanked Mr. Madani for the making
an excellent power point presentation without prejudice presenting to the
committee several options.
Chairman Rodriguez presented the report of the
Commission Process Review Ad Hoc. (See Commission Process Review Ad Hoc Report)
Chairman Rodriguez then presented the following recommendations from the
committee:
1. To adopt the 2009 I Code as a foundation for the 2010
Florida Building Code with an effective date of 12/31/2011
Chairman Rodriguez stated this was the quickest way
to do this under the
current
system.
2. To implement a mandated process to remove unnecessary
and maintain needed
Chairman Rodriguez stated if anyone was concerned the
Commission was
not
trying to sunset any of this. He further
stated since the Florida Building Code first used as a template the IBC there
had been subsequent editions of the IBC which have actually incorporated some
of
3. The Commission recommends to the 2010 Florida
Legislature that the statutory requirement for the Commission wait six months
after publication of the latest I Code edition before selecting it as a
foundation code for the Florida Building Code be eliminated.
Chairman Rodriguez stated Jack Glenn had spoken very
well stating to the
Commission
this requirement was a construction coalition requirement at the time that the
Commission first adopted or changed from the base code or changed from the
standard building code to the IBC in an abundance of caution so they would have
enough time. He then stated now that two
cycles had passed it might be unnecessary to wait 6 months for the Commission
to begin the adoption of that as the base code from there.
Chairman Rodriguez stated there were
also comments on code printing and publication recommendations. He then stated the Ad Hoc Committee voted
unanimously for the 2010code update process it would continue to publish a
fully integrated Florida Building Code with the
Commissioner Greiner stated he believed the chairman
had covered it adequately.
Commissioner Browdy stated he was not able to attend
the meeting. He then stated he only had
one concern. He further stated while he
understood the need to expedite the adoption of the latest I code edition, but he
was somewhat reticent to not include some recommendation to the Legislature
that there still be some time set that the new Code can be vetted in the public
domain prior to the adoption. He stated
he would be satisfied with a recommendation to the Legislature that it include
some time frame with ample opportunity and not a situation when there was only
30 days to vet a new code.
Chairman Rodriguez stated he understood Commissioner
Browdy’s concern. He then stated this
would be for the 2013 code cycle. He
stated the assumption was the more the I Code was used as the base code and the
more we see the IBC and the Florida Building Code becoming closer there will
still be the need for
John
O’Connor, President, Building Officials Association of
Mr. O’Connor congratulated the Commission on its
processes and believed it was headed in the right direction in things BOAF has
advocated all along. He stated BOAF was
in agreement 100% with the first three points.
He then stated on the 4th point they would also like to see
it get down to a manageable supplement as opposed to a fully printed document. He further stated BOAFs Code Development
Committee would be working the rest of the year on those provisions in the Code
which may need to be sunsetted or culled out because they were no longer applicable
because of the upgrades in the IBC. He
concluded by stating BOAF stands with the Commission as a partner in meeting
the Commission goals.
Chuck
Anderson, AHMA
Mr. Anderson stated he would be brief and not repeat
everything he stated in the committee.
He then asked if the minutes could reflect that the intent was that the
version of the code that would be marked up, the underline strikethrough for submittals
would be, in fact, the IC 2009, IBC, IRC, the whole series.
Mr. Dixon stated the Commission needed to look into
that further. He then stated 2 meetings
ago, the predecessor committee to the one that met at this Commission meeting
had produced a different outcome. He
further stated they needed to be reconciled.
Mr. Anderson stated his concern was a lot of things
were out of place in formatting. He
further stated there would be much to wrestle with a lot of changes if working
off the FBC 2007 and would automatically be fixed if it works from the ICC
2009.
Commissioner Carson moved approval to adopt the
recommendations. Commissioner Kidwell
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
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.
Education POC
Commissioner
Browdy presented the report of the Education POC. (See Education
POC Meeting Minutes June 5, 2009).
Mr. Richmond stated it was not a matter of prevailing. He explained licensees go the practice acts
to determine what the requirements were for their licensees. He stated what remained in Section 553 to be
cleaned up was the requirement the Commission and DCA keep a core course
available because now that it was not a licensing requirement there would be little,
if any, demand for that course. He further
stated it would not require but he did not think it presented a real hardship
on licensees. He stated HB425 had a
delayed effective date that won’t cover the soonest deadline of relicensure
which was in August so those individuals would have to comply.
Commission Browdy then continued his
presentation of the report of the POC
Commissioner Browdy moved approval to accept the
report. Commissioner Carson entered a second to the motion.
Commissioner Norkunas stated he was a meeting attendee,
but his name did not appear on the minutes.
Vote to approve the motion as amended was
unanimous. Motion carried.
Fire TAC
Commissioner Goodloe presented the report of the Fire
TAC. (See Fire TAC Meeting Minutes March 26, 2009).
Commissioner Goodloe moved approval to accept the report.
Commissioner Greiner entered a second to the motion.
Commissioner Gross stated he was also present for the
meeting and it was not reflected in the minutes.
Vote to approve the motion as amended was unanimous. Motion carried.
Flood
Resistant Standards Workgroup
Mr. Blair presented the report of the Flood Resistant
Standards Workgroup. (See Flood Resistant Standards Workgroup Report).
Mr. Blair stated the task of the workgroup was to
have over three meetings and make recommendations to the Commission on whether
to integrate the flood standards into the Code and if so what they should
be. He further stated the group had met
three times and completed their task. He
further stated they had been asked by the Department of Emergency Management to
meet one additional time to review the model ordinance which will not be
something the Commission has to approve.
He then stated a motion to accept the report was necessary. He further stated the Commission would be
asked to adopt the recommendations following the Structural TACs
recommendations. He stated the
Commission would be asked to approve the 10 recommendations on page 6 of the
report at the next meeting. He further
stated the actual technical code language which was attached to the report the
commissioners received by email. He
explained that language would come through in the code amendment process after
the TAC had reviewed it. He then
reviewed the 10 policy recommendations.
(See Flood Resistant Standards
Workgroup Meeting Minutes Report).
Commissioner
Browdy moved approval to accept the report. Commissioner Schulte entered a
second to the motion.
Commissioner Greiner asked if the committee was taxed
with writing the Code language.
Mr. Blair stated a consultant had
put it together but the workgroup had spent two meetings reviewing it in great
detail. He further stated the specific
code language recommendations for all of the codes were included in the review.
Chairman Rodriguez asked who the
consultant was.
Mr. Blair responded stating her name
was Rebecca Quinn, from
Vote to approve the motion was unanimous. Motion carried.
Mr. Blair presented the report of the Education
POC. (See
Commissioner
Stone moved approval to accept the report. Commissioner Tolbert entered a
second to the motion. Vote to approve
the motion was unanimous. Motion
carried.
Plumbing TAC
Commissioner Vann presented the report of the
Plumbing TAC. (See Plumbing TAC Meeting Minutes May 26, 2009).
Commissioner
Vann moved approval to accept the report. Commissioner Greiner entered a second
to the motion. Vote to approve the
motion was unanimous. Motion carried.
Product Approval/Prototype
Buildings/Manufactured Buildings POC
Commissioner Carson presented the
report of the Product Approval/Prototype Buildings/Manufactured Buildings POC. (See Product
Approval/Prototype Buildings/Manufactured Buildings POC Meeting Minutes June 8,
2009.)
Actions:
Commissioner
Carson stated there were three action items.
He then stated one of the actions would be covered during the Product
Approval Rule 9B-72.090.
Commissioner
Carson stated the other two items were as follows:
Commissioner
Carson stated he recommended the administrator deny affirmation of FL2983-R3 to
the 2007 Code due to lack of an active QA contract.
FL12980-R3. Commissioner Kidwell entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
Commissioner Carson moved approval the
Commission open 9B-72 to allow for establishing criteria for approving IAPMO as
an evaluation entity utilizing the following criteria as the basis for
approving evaluation entities. He further stated the criteria would include
meeting certification agencies meeting ISO 65 are deemed approved evaluation
entities. He then stated in the interest
of time he recommended the rulemaking be conducted via telephone conference.
Commissioner Kidwell entered a
second to the motion. Vote to approve the motion was unanimous. Motion carried.
Commissioner Browdy moved approval to accept the report.
Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.
Soffit Systems Workgroup
Mr. Blair presented (Please see Soffit Systems Workgroup Report)
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.
Swimming Pool Subcommittee to the
Plumbing TAC
Commissioner Gregory presented the report of the Swimming
Pool Subcommittee. (See Swimming Pool Subcommittee Meeting Minutes June
8, 2009).
Commissioner Gregory stated there were two
significant attendees Allan Cooper, President of FSPA and Jim Manning,
President of United Swimming Pool Association.
He further stated their attendance signified a united front of all
swimming pool contractors across the state who were very much working together.
Chairman Rodriguez thanked Mr. Cooper and Mr. Manning
for their participation as the Commission seeks consensus.
Commissioner Gregory moved approval to accept the report.
Commissioner Carson entered a second to the motion. Vote to approve the motion was
unanimous. Motion carried.
Swimming Pool Subgroup to the Energy
Code Workgroup
Mr. Blair presented the report of the Swimming Pool
Subgroup. (See Swimming Pool Subgroup to
the Energy Code Workgroup Report.)
Mr. Blair stated the workgroup met June 8, 2009 for an
organizational meeting. He then stated
several issues were identified on swimming pool efficiencies which they will be
making recommendations back to the Energy Code Workgroup. He further stated
this was part of the overall task to meet the Legislative statutory
requirements for increasing energy efficiencies in the building code. He then stated the group would be looking at
pool pump standards, pool plumbing system design, performance and prescription,
pads for pools, credits for alternative
energy sources for pool lighting and heating, solar PV, and a variety of
other issues were identified by members.
He further stated there would be a full report on this within the next
week or two. He stated the group would
continue meeting to make recommendations to complete the tasks assigned to them
by the Energy Code Workgroup.
Commissioner Gregory moved approval to accept the
report. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was
unanimous. Motion carried.
LEGISLATIVE REPORT
Mr.
Richmond expressed his thanks to all of the interest groups who were
represented at the Commission table for the unanimous support the Commission
received on the budget issue. He then
stated if it had gone through the Commission would probably not be sitting
there. He further stated it made a big
impact and hopefully the Commission can build on and not face a similar effort
in years to come. He continued by
stating substantively very little legislation passed that impacts the
Commission. He stated SB2100 died on the
floor at the Commission level and the target changed around a few times by the
end of the session. He further stated
Senator Bennett tried to amend it onto a few other bills at all times keeping
the Commission recommendations as they were offered to him. He continued by stating Senator Bennett was a
strong advocate for the Commission’s positions this year. He then stated he knew some of the
Commissions’ positions gave some of the interest groups pause but Senator
Bennett was willing to listen to the Commission’s position on everything. He stated he hoped it was the beginning of a strong
working relationship with Senator Bennett on the issues. He stated HB made it to the Senate but was
never considered. He then stated one
element which impacts many individuals, though it may not impact the work of
the Commission, was the permitting extension concept. He further stated some language eventually
wound up in SB360, growth management package, which was brought to his
attention somewhat late. He then stated SB360 more heavily impacted the other
side of his office and he needed to review it when he gets back to
Commissioner
Greiner stated it was important to note the Commission had finally reached a
plateau where the Legislature actually listens to the Building Commission’s
report and pays attention to it, which was evidenced in the last session. He further stated he attributed a lot of that
to Mr. Richmond being up there and dealing with those people.
Chairman
Rodriguez stated he appreciated his comments.
He further stated the Commission was fortunate to have Mr. Richmond
there fulltime during session and the Department backing, as well.
Commissioner
Palacios stated there had been discussion of postponing the enforcement of 301.12
of the Mechanical Bill. He asked what
happened to that.
Mr.
Richmond stated it was being considered in the general building code bill or
was being proposed for inclusion but the text never actually made it into a
bill. He then stated it was certainly
being bounced around and considered but it died with the rest of those
concepts. He further stated in the next
item on the meeting agenda that issue would be discussed.
Chairman
Rodriguez thanked Mr. Richmond for his incredible help and representation.
CONSIDER
Chairman
Rodriguez stated the Broward County Board of Rules and Appeals has requested
the Commission address issues regarding the Mechanical Code requirement for
mechanical equipment exposed wind to be designed for wind resistance. He then stated as Commissioner Palacios had
brought up to the Commission there was no equipment that complies with that. He
continued by stating the Commission had issued a declaratory statement addressing
the issue and verifying this provision of the Code applied. He stated in their memo BORA stated they had
contacted manufacturers to find none of them who had equipment which complied
with the provisions of the Code. He
further stated the building departments did not appear to be enforcing the provision. He
stated the Commission was being asked to address both the issue of compliance
and enforcement.
Jim DiPietro,
Admininstrator and Director of the Board of Rules and Appeals
Mr. DiPietro stated BORA had offered in writing 59
manufacturers a free service stating every time compliance with the windload
was demonstrated they would distribute to every building official in Broward
County now or in the future at no charge.
He further stated in brief if any company can meet the windload
requirement of the declaratory statement BORA would notify
Mr. Dixon stated staff would work
with the Broward County Board of Rules and Appeals, the Dade County Code
Compliance Office, Pinellas County Code Compliance Board,
Commissioner Hamrick stated he was
confused because public education requires HVHZ in enhanced hurricane
protection areas to be protected from windloads and have been doing so since
1996. He further stated he thought the
units were compliant and he was hearing that there were none which comply with
the windload requirements
Mr. Dixon stated that in his
understanding there were different ways to protect the equipment such as by
shielding it or making sure the equipment itself can comply. He then stated in many instances shielding
was what has been provided on buildings.
He further stated there were also some manufacturers of cooling towers
who have designed their equipment to comply with windload requirements of the
Code. He continued by stating Mr. Madani
was on the ASCE 7 wind committee and the next version of that standard would
have a much better presentation with clear cut information for what
manufacturers would do to demonstrate compliance. He stated at present there was uncertainty of
what manufacturers have to do to demonstrate compliance and as far as the
manufacturers go, they were just not certifying their equipment to meet the
windload standards. He then stated the required
attachment of equipment to the roof with stands, etc was clear in the code and
was being complied with. He further
stated the problem with the equipment itself is whether the four point
connections of the equipment to the stands were being attached adequately. He then stated those connections may not be
strong enough to withstand the wind pressure so the fasteners pull right
through the sheet metal boxes. He
continued by stating the building departments and Commission did not know
because manufacturers have not passed on any information indicating whether their
equipment had been evaluated.
Mr. Richmond offered clarification stating
compliance with the declaratory statement was not the issue. He further stated the Code states what it
states and has stated it since the International Code was adopted some eight
years ago and the code language was fairly explicit.
Commissioner Palacios stated as a
contractor a problem he had were plans getting approved showing equipment on
the roof and the equipment on the roof was not in compliance with the code. He
continued by stating then jobs go out for bid and then there was a contract to
install something which was not code compliant. He further stated he had received a protocol
from
Mr. Madani stated for clarification the
1.9 comes from ASCE705 which is the wind standards for buildings adopted by the
Code.
Commissioner Hamrick stated the
Commission might want to look into a program Department of Emergency Management
has which provides air generators to special needs shelters. He further stated all of those generators
have been tested for wind load requirements as units themselves.
Mr. Dixon stated staff would work
with the other boards and come back to the Commission with a plan to approve.
Commissioner Boyer moved approval of
the motion as stated. Commissioner Kidwell entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.
RULE ADOPTION HEARING ON RULE
9B-70.002 EDUCATION
Chairman
Rodriguez stated that at the recommendation of the Education POC the Commission
had voted to conduct a rule development workshop for the purpose of
implementing amendments to the Education Rule.
He continued by stating the purpose of the rule development initiative
was to implement the recommendations of the program administrator with regard
to the rules of operation concerning the review and approval of accreditors and
courses seeking accreditation. He
further stated the initiative would also correct outdated Internet references
including expiration dates of registered training providers and
accreditors. He then stated the
Commission conducted a rule development workshop at the April 2009 Commission
meeting and voted to proceed with rule adoption by conducting a rule adoption
hearing at the June Commission meeting.
He then stated the hearing provided additional opportunity for public
comment before the Commission votes to file the rule for adoption.
Mr.
Richmond opened the hearing.
Chairman
Rodriguez asked if Commissioner Browdy needed to present any additional
recommendations from the Education POC.
Commissioner Browdy stated his POC reports additional
possible recommendations that could be before the POC and there were none. He further stated there was no additional
public comment regarding the rule and the POC still recommended proceeding with
rule adoption.
Chairman Rodriguez called for public comment.
No public comment.
Mr. Richmond closed the hearing.
Commissioner Browdy moved approval to proceed with rule
adoption of Rule 9B-70.002 and authorization for the Secretary of the
department to sign off on the certification package. Commissioner Greiner entered a second to the
motion. Vote to approve the motion was
unanimous. Motion carried.
RULE ADOPTION HEARING ON RULE 9B-3.047
Chairman
Rodriguez stated the Commission conducted a rule development workshop in
October 2008 for the purpose of considering amendments to Rule 9B-3.047 glitch
amendments. He further stated the
Commission considered whether to adopt the NEC 2008 as a glitch amendment. He continued by stating the criteria provided
in Chapter 553.73(7) Florida Statutes considering glitch amendments specifies
the Commission may consider updates to the NEC or delay implementing the
updated edition causes due to undue hardship to stakeholders or otherwise
threatens the public health, safety and welfare. He then stated the Commission considered
testimony from both sides then voted to defer on deciding whether or not to
consider adoption of the 2008 NEC as a glitch amendment in the 2008 glitch process.
Chairman
Rodriguez further stated the Commission also voted to set a schedule for a
separate rulemaking to implement the Commission’s actions relative to adopting
the 2008 NEC by July 1, 2009. He
continued stating the NEC was reviewed by the Electrical TAC and the TAC
provided recommendations regarding adopting the 2008 NEC into the Florida
Building Code and proceeding with rulemaking. He then stated the TAC
recommended the Commission adopt the 2008 NEC in whole and conduct a rule
development workshop at the April 2009 Commission meeting where the commission
then voted to proceed with rule development to adopt the 2008 NEC, the Interior
Designers’ settlement agreement and corrections with conflict of law by
conducting a rule development workshop at the April 2009 Commission meeting. He continued by stating the Commission
conducted the workshop at the April meeting and voted to proceed with rule
adoption by conducting a rule adoption hearing at the June Commission
meeting. He then stated the hearing provided
additional opportunity for public comment before the Commission votes to file
for rule adoption.
Mr.
Dixon opened the hearing.
Mr.
Blair stated the Commissioners each had a draft of the rule as it was adopted
at the April 2009 Commission meeting (Please see RDW-3.047 Proposed). He then stated in addition there was Comments
2, which staff requested that the Commission adopt all of staff’s
recommendations, excluding 611.7.1 which was a comment from another party and
therefore not a part of staff’s recommendations. He also stated there was Comments 3 which
were from the Department of Health regarding the revised Swimming Pool which
had already been promulgated. He stated
staff requested the Commission approval to correlate what was currently the
rule in the Building Code as required by law.
He further stated there was a handout from staff regarding Chapter 13,
Energy Efficiency, which were editorial and correlation issues revising Table
613.8.1, Appendix 13D, revising the form, Chapter 11, Energy Efficiency,
correcting the Chapter, Table 111.13.8.1 which was based on the correction of a
referenced standard of that table, Appendix GD, which was to add existing
buildings. He continued by stating once
all of public comment had been heard, the Commission needed to include all of
the editorial changes. He then stated Comments
1 all relate to the interior designer issue. He stated there were 414 comments submitted
electronically, 189 in support and 225 against, including a large number of
architects and interior designers. He
continued by stating there was an additional hand-out from the National
Electrical Manufacturers Association with comments there for the Commission’s
consideration. He concluded by stating
the motion required should include the draft, the handout from staff, staff’s
comments, the Department of Health’s comments and anything else that may
require the Commission’s consideration.
Chairman
Rodriguez called for public comment. He
asked each speaker to identify themselves and their representation, as well as
the specific component of the draft rule they wished to address. He then stated if speakers were in agreement
with other speakers please state such and add only new points to avoid
repeating the same comments.
Fred Dudley, Representing Holland & Knight
Mr.
Dudley stated he was a certified construction attorney and stated the
appearance would be his 3rd appearance before the Commission on
behalf of their clients, the Interior Designers of Florida and Shelley
Siegel. He then stated he understood
there were new Commission members who had not previously had the opportunity to
vote on the rule and wanted to give a brief history. He continued by stating in October 2008
during the glitch cycle the Commission voted in favor of a Code modification by
their client with a vote of 16-2 or 72 ½ percent, which under the current rule
was not enough votes for the modification to become part of the Code. He then stated in November 2008 their client
challenged both the proposed rule and the existing rule on voting
requirements. He stated in December 2008
the Commission by a vote, with one descent, the Commission approved a
settlement agreement. He then stated the
chairman signed the settlement agreement and as a result both rule challenges
were dismissed. He further stated he
had given each Commissioner a packet containing copies of both petitions. He stated he also provided a copy of the
settlement agreement approved by the Commission, which provides for the
Commission adopting the particular Code amendment contained in the rule.
Mr.
Dudley stated he had looked at both the transcripts from the April meeting and
a number of comments the Commission had received prior to the June meeting were
enough to note that there was a lot of misinformation. He further stated he hoped to set the record
straight in support of the rule. He then
stated the last four pages of the handout the Commissioners received were the
statutes and the rules governing interior designers and architects, Chapter 481
of the Florida Statutes and the Florida Board of Architecture and Interior
Design. Mr. Dudley continued by stating
the issue of interior designers aligning and sealing plans was settled over 20
years ago by the Florida Legislature. He
stated there might people who wanted to revisit that issue, but it was an issue
that only the legislature could readdress. He then read from highlighted points
in handout. (Please see 2008
Mr.
Dudley further stated the Commission would have no jurisdiction over the
regulation of any of these professions.
He continued by stating the requirement for using seals and signatures
by interior designers and by architects and engineers in Chapter 471 is
regulated by the Florida Legislature and their respective boards. He then stated by supporting the rule which
included the change in the submittal documents in the administration section of
the code, 106.1, the Commission’s original proposed base code document referred
to design professionals. He stated when
Mr.
Dudley continued by stating the building Code stated in 106.1 the documents
submitted by the architects and interior designers must be prepared in
accordance with Chapter 481, which would not allow them to go beyond the scope
of their practice. He stated a statute
could not change rule; therefore the adoption of the rule would not be changing
the law. He urged the Commission to
adopt the rule as proposed and reiterated the Commission had voted at the December
meeting with one descending vote to approve the settlement agreement. He further stated the settlement agreement
was not done in some back room, as some had suggested, but was discussed
thoroughly at the October 2008, December 2008 and April 2009 meeting. He stated if any Commissioner had questions
please ask.
Mr.
Dudley then stated he had asked members of the public who support the rule to
defer to him in the interest of saving time.
Chairman
Rodriguez asked for a show of hands for those individuals who supported Mr.
Dudley’s comments. He then stated the
record should show 21 individuals indicated their support by show of hands.
Steve Jernigan, President, AIA of
Mr.
Jernigan stated he represented approximately 4,000 members of the organization. He then stated he was a
Mr.
Jernigan stated the intent of Chapter 481 of Florida statutes was clear on
limitations placed on the practice of architecture and interior design. He further stated they were drafted by the
legislature and amended with the cooperation of both architectural and interior
design professionals. He then stated a
change to 106 of the Florida Building Code has the intent of changing Chapter
481, which is not the role of the building code or the building
commission. He further stated it would
be misleading and confusing to the public and the building officials. He concluded by stating on behalf of AIA he
requested the Commission reject the settlement agreement and the resultant
changes to 106.1.
Richard Logan, 1st Vice President, President-elect, AIA of
Mr.
Logan stated he was a
Mr.
Jernigan further stated under Certification of Partnerships, Limited Liability
Companies and Corporations 481.219(4) reads “All final construction
documents and instruments of service which includes drawings, specifications,
plans reports and other papers or documents involving the practice of
architecture which are prepared or approved for use of the corporation or
liability company and filed for public record within the state shall bear the
signature and seal of the licensee who approved them and the date on which they
were sealed.” He then stated in the same section under what interior
designers can sign and seal the words “all final construction documents and
instruments of service” are missing.
He continued by stating by specific reference architects have the
ability to submit final construction documents and interior designers do not
which 106.1 relates to. He stated the
same applied to the paragraph Mr. Dudley referred to, 481.221. He read from 481.221(2) “All final
construction documents and instruments of service which include drawings,
plans, specifications, or reports prepared or issued by the registered
architect and being filed for public record shall bear the seal the signature
and seal…” He then stated 481.221(3) does not state all final construction
documents but states “each interior designer must obtain a seal as prescribed
by the board and all drawings, plans, specifications or reports issued by the
registered interior designer and being filed for public record…” He stated
public record does not specify for the use of a building permit and could be
some other form of public record. He
then read under 481.203(8) “interior design specifically excludes the design
of or responsibility of architecture and engineering work.” He stated the paragraph further goes on
to define what architectural and engineering work was and interior designers
are excluded from practicing. He then
stated it included, but was not limited to, “the construction of structural,
mechanical, plumbing, heating, air conditioning, ventilating, electrical, or
vertical transportation systems or construction which materially effects life
safety systems pertaining to fire safety protection such as fire rated
separations between interior spaces, fire rated vertical shafts of multiple
story structures, fire rated protection of structural elements, smoke evacuation
compartmentalization, emergency ingress or egress systems and emergency fire
alarm systems.” He asked what scope of work was possibly left which an
interior designer could submit for a building permit. He then referenced 481.2131(1) which states “interior
design documents prepared by a registered interior designer shall contain a
statement that the document is not an architectural or engineering study,
drawing, specification, or design and is not to be used for construction of any
load bearing columns, load bearing framing or walls of structures or the
issuance of any building permit except as otherwise provided by law.”
Mr.
Logan stated AIA believed the facts were clear showing 106.1 deals with
construction documents, registered design professionals able to submit them for
a building permit and it is clear 481 does not allow interior designers to
submit either the construction documents or for a building permit. He then stated the Commission may approve
technical amendments to the Florida Building Code once each year for statewide
application upon a finding delaying the application of the amendment would be
contrary to the health, safety and welfare of the public, or the amendment
provides an economic advantage to the consumer and the amendment has a reasonable
and substantial connection with the health, safety and welfare of the general
public. He further stated the proposed
amendment does not meet the criteria and would mislead and compromise the
health, safety and welfare of the general public. He continued by stating the Florida Building
Commission was prohibited from inserting into the Code any language in conflict
with the laws or statutes under the rules of 9B-3.004 the Commission shall
abide by Roberts Rules of Order which states “Votes that are null and void
even if unanimous no motion is in order that conflicts with the laws of the
nation or state or with the assembly’s constitution or by-laws. If such a
motion is adopted even by a unanimous vote it is null and void.” He then stated at the April meeting a more
prudent course of action would have been for FBC 106.1 to be revised to strike
the listing of any of the design professionals and leave it up to the statutes
to define. He further stated based on the
above arguments that action would not serve the public interest; the current
content of FBC 106.1 aids the public and the building officials in identifying
which responsible professionals are allowed to take part in the permitting
process and it should not be revised. He concluded by requesting the Commission
vote against the proposed rule 9B-3.047 and rescind all previous actions
including the settlement agreement.
Mickey Jacob, Representing FAIA
Mr.
Jacob stated he was the managing principal at Urban Studio Architects,
Michael Lingerfelt, Vice-President
of Legislative Affairs for AIA
Mr.
Lingerfelt stated he was a licensed architect who has practiced for over 16
years for the Walt Disney Corporation designing structures. He then stated he had three points: 1) the
process enacted by the Commission at the April 2009 meeting was flawed 2) the content of the rule change was beyond
the scope and authority of the Commission because it is a legislative issue 3)
the architects of the state recommend the Commission reconsider and vote to
deny the petition.
John Mennick, National Electrical Manufacturers’ Association
Mr.
Mennick stated his comments were relative to the proposal to accept an
exemption to the residential pool for GFCI protection. He then stated he did not attend the April
meeting and his rebuttals were based on what went on there according to the
meeting minutes. He further stated it
struck him that most of what was said at the meeting in the testimony given did
not ring true with the Code and the reasoning behind the GFCI requirement. He stated he was not sure if there was a true
understanding of how GFCI protection of pool motors had reached where it’s at
in the 2008 code. He stated several
statements such as “swimming pool pump motor shall be equipped with GFCI” and
“it was all new language”. He then
stated those were not correct statements.
He stated the language regarding GFCI protection goes back several code
cycles. He then stated in 1999 NEC there
was provisions GFCI protection for all pump motors except single family
units. He further stated the code panel
at that time felt single family units would be maintained better than
commercial units such as those in apartment complexes. He stated that has since been proven wrong. He continued by stating the 2002 Code
required GFCI but only for receptacle connected, not hard wired, pool pump
motors everywhere i.e. the single family unit exemption was taken out. He stated the 2005 Code followed suit, but
was only for receptacles. He then stated
the 2008 Code language currently states GFCI would be required for all 15/20
amps 125volt and 240volt receptacles whether by direct connection or plug-in
cord. He continued by stating everything
was covered and it did not add any residential exemptions back in. He continued by stating it came about by
Proposal 1785 and 1790 in the Report on Proposals which was a report available
from
Mr.
Mennick stated he believed what was really important was the substantiation of
the panel itself who accepted the proposal.
He stated it read as part of the panel’s consideration of the product
the panel reviewed a compilation of data from the U.S. Consumer Product Safety
Commission National Information and Clearinghouse which was assembled by a task
group from the panel. He stated
supporting material at the NFPA which had to do with injuries on pool pumps
where it felt GFCI was necessary. He
further stated the report had come from U.S. Consumer Products. He then stated 1785 was submitted by Brian
Myers, an IBW electrician, who stated “receptacle fed pump motors already
required to be GFCI protected, hardwired present the same hazard due to the
highly corrosive atmosphere.” He further
stated the issue was not whether GFCI was put on pumps, but that they were only
put on receptacle connected when there was no difference since both present the
same hazard with the pump in a corrosive atmosphere. He continued by stating it
came back and there was no new information, but there was a lot of new
information from the ROP and the ROC of the 2008 cycle which is a report on
proposals and a report on comments has all of this information. He stated a lot of the information was
discussed at the TAC meeting in February of 2009.
Mr.
Mennick stated another man said he was “opposed because the equipment it was
designed to protect was never designed to run on 240GFCI.” He then stated that was not true 120/240 and
240GFCIs were first developed over 20 years ago and were used mainly for spas
and hot tubs, especially UL listed packaged spas and hot tubs which came with
GFCI’s in the units. He further stated
he included a diagram on the back of the paper given to the commissioners with
instructions on how to hook up a one pole or two pole GFCI and how they
work. He also stated the same man stated
“the cost would be around $200.00 for a GFCI, which was not true and the cost
was nowhere near that amount.” He then
stated the same man stated “everything associated by the pool, fed by a GFCI
protected circuit; most brands of manufacturers of breakers do not even make
the device.” He stated the comment was
not true because Square D, Eaton Corporation (better known as Cutler Hammer),
Siemens, and General Electric all produce both one and two pole GFCIs, which
are also produced in what is called GFCI three-phase, not circuit breakers, but
protected devices. He further stated
Siemens makes both products with 50-60 amps and General Electric makes 15-50
amps, for example, but all manufacturers have their own one and two pole
breakers. He further stated the same man
stated “equipment being used on pools was listed for the purpose and does not
say a ground fault was required.” He
stated this was not true. He stated
first “listed for the purpose” was not in the code, it was not a statement used
in Article 680 whatsoever. He further
stated 680 covers the item in the NEC and “listed for the purpose” is not even
in that section. He then stated the only
two items in the Code which have special listings: pool transformers which have
to be listed as a swimming pool transformer because they are a shielded
transformer. He then stated junction
boxes also have to be listed as a pool junction box for proper bonding. He continued by stating the same man also
stated “in his 21 years of experience no one had even tingled on a swimming
pool.” He then stated tingle voltage was
a well documented fact and the Code panel continues each year and each cycle to
look at new ways to prevent tingle voltage on pools, therefore he would doubt
that comment. He further stated he had
in his possession a facility assessment and controlled evaluation report on a
lifeguard who was electrocuted in
Mr.
Mennick stated another gentleman stated “he had been building pools for 29
years and he could get a double pole for $120.00 whereas a single pole was
$12.00.” He suggested the gentleman buy
the $12.00 because he could not find a pool pump that can’t be wired at 120volt
or 240 volt either one as they are both dual voltage motors. He stated there was no energy savings either
way because electricity is paid for by watts, not voltage, hooking up either a
120 or 240 is immaterial, but if he could buy a GFCI for $12.00 he would. He further stated he looked up the cost of
pool pump motors and found Hayward Flo-Pump, Hayward
Power Pump, Superclean Filter Assemblies, Stay-Rite Dynaglass Pumps, Gandy
Pumps, Pan Air Pumps all state in their literature state that (reading
from Stay-Rite Dynaglass Pumps “ground fault circuit interrupter tripping
indicates an electrical problem, if GFCI trips and will not reset have a
qualified electrician inspect it.”
He then read from Gandy pumps “must be installed in accordance with
NEC, electrical safety codes and OSHA.”
He stated OSHA recognizes the NEC as its bible for electrical
installations. He read from Pan Air
Pumps: “always install a suitable GFCI at the power source.” He continued by stating when reading any
of the literature relative to power pumps GFCI is recommended. He further stated the manufacturers
themselves not only recommend it, in some cases they state it must be put on.
Mr.
Mennick stated there was other testimony stating agreement with the other
testimony but he would have to ask some of the people how they would agree or
disagree because he did not believe they were qualified to do so. He further stated it was a technical issue
and some of the individuals were not licensed electricians and some are not
experts on electrical products, therefore he was not sure how they could enter
their testimony. He stated there was a 2
page document given to the Electrical TAC which was true. He then stated what
was not true was if pools were bonded there would be no problem. He continued by stating bonding or grounding
a pool or using GFCI is like apples and oranges. He stated they were totally separate from
each other and not related. He then
stated when talking about bonding it is creating an exponential
plane which reduces voltage gradiance in the pool area. He further stated GFCI is installed to
determine a faulty current going to metal and to find some way to take the low
levels of current, as much as 10 milliamps and not more than 20 milliamps, it
will freeze the muscles of someone to the object and they cannot move , called
the let go threshold level. GFCI trips
at 6 milliamps, which is just below the threshold. He then stated what is being attempted in
this country with GFCI is to prevent people from being electrocuted or
suffocating on the low levels types of false to ground. He continued by stating it has been said GFCI
has over-sensitivity. He stated there
was no oversensitivity or under sensitivity, but an adding machine with a
residual donut where the wires pass through it, which measures current out and
current back and if there was a differential of more than 6milliamps it
trips. He then stated when it does trip
the current has to go somewhere; it has to go to ground somewhere, therefore
there is a fault out there when it trips.
He continued by stating refrigerators were not required to be protected
by GFCI because of nuisance tripping. He
stated that comment was not true because the Code panel changed it in 2008 by
taking out exceptions in 2010.8a for both garages and basements and there were
a lot of freezers in garages, which the panel was aware of.
Chairman
Rodriguez apologized for interrupting Mr. Mennick. He then asked him if he had a lot more to go. He explained the Commission always errs on
the side of excess because it is important everyone has a chance to be
heard. He then stated Mr. Mennick was
being forced into the rebuttal outside of the forum because he was unable to
make the TAC meeting. He stated there
was a system for which these kinds of discussions take place first in the TAC,
then through the chairs of those TACs as information comes to the Commission in
the form of a report. He then asked Mr. Mennick to wrap up his comments.
Mr.
Mennick stated he would wrap up his comments by expressing his surprise at the
vote because the Commission voted to overturn the decision of the TAC. He then stated it had not been an issue in
the neighboring states. He further
stated if there was no problem in its neighboring states he wondered why there
were so many problems in
Vivian Salaga, AIA
Ms.
Salaga stated she was a registered architect in the state of
John O’Connor, President, Building Officials Association of
Mr.
O’Connor stated BOAF supported both groups who were representing design
professionals. He further stated BOAF supported every professional’s right to
practice under the scope and limitations requirements of their practice act. He then stated the issue may be another
example of having gone too far in the Code and put too many words in. He continued by stating if the Code stopped
after the words design professional, everyone would be a lot better off. He stated from a practical standpoint adding
one more title into the Code would not be making it better or easier to ferret
it out. He further stated it would take
the building officials’ knowing and understanding of what the statute says for
effective change to happen as far as recognizing what a professional can and
cannot do. He then stated an Option C
could be to take everyone back out and go back to just design professionals,
which he felt was a much more sane solution.
He further stated the problem with quoting statute is its subject to
change every year. He concluded by
stating BOAF recommended if all titles were going to be left in go ahead and
add one more because it won’t make any difference, but they would prefer to see
all the titles be taken out going back to design professionals as defined in
statute.
Chairman
Rodriguez stated the Commission wanted to do that but since it is within the
glitch cycle, it would have to wait until the next code cycle.
Leonard Devine
Mr.
Devine stated he was there regarding the GFCI on the pool pump. He further stated he would be opposed to
taking that requirement away from the National Electric Code. He then stated although he was a member of
the Electrical TAC, he was speaking as an individual representing the general
public. He continued by stating the GFI
on pumps more than likely if installed and inspected when they are brand new do
not have a serious problem, but after some years pumps are changed out by
electricians, pool maintenance people or by the homeowner. He stated he wanted to inform the Commission
of four times in his life, working as an electrician in the field, that show
how the Code solves problems over the years: 1) He stated he was working at a
bank standing in front of a transformer working on a panel, with the cover
open. He then stated since then a
requirement was put into the Code under 110.26 in two different sections; first
the clearance required in front of it and the requirement that if there is
electric equipment which extends more than 6 inches in front of a panel the
panels have to be standing off so the technician would not be reaching over
them. 2) He stated he was working on a ballast
in a ceiling and he cut the neutral to 270 volt lighting. He then stated a Code change required the use
of a little 29 cent connector or an independent switch to turn off a light
allowing a ballast to be changed without a
shock. Most electricians over the years
would do them live because they wanted to avoid shutting down a whole office,
which was a hazard. 3) He stated he was
doing maintenance on a swimming pool junction box which was 110 volt lighting,
which requires GFI protection, and unknown to him the homeowner had already
tried it and failed. He further stated
it was raining, he bent down to the pool deck box within the deck of poured
concrete, and he reached down and touched the metal cover and received a severe
shock. 4) He stated he was working on a
pool pump and he did not know the homeowner had tried to fix it. He then stated it had been raining and he
knelt down to work on the pump and the minute he had his knees on the ground in
the shrubbery around him he was shocked severely. He continued by stating if GFI had been
installed on that pump the pump would not have even been energized because the
GFI would have prevented it from being energized and the problem would have
been diagnosed differently than from the way he had tried to do it.
Brad
Mr.
Weatherholz stated he was speaking on RDW 3.047 proposal as a proposal for
611.7.2 of the existing building code requesting a change to the secondary
water barrier. He further stated the
FRSA opposed the submission. He then
stated it was heavily discussed in the Wind Mitigation Workgroup and was already
agreed upon by the Roofing TAC. He
continued by stating he did not believe it had not been reviewed or discussed
by the Roofing TAC. He requested the
Commission not approve the change in this part of the rule.
Larry Dickie, Treasurer of
Mr.
Dickie stated he was representing the board who supported all of the
comments made from AIA and AIA members.
Larry Brown, Master Electrician, Electrical
Contractor
Mr. Brown stated he had been wiring pools for Mid-Florida
Contractors in
Art Stencil
Mr. Stencil stated he was a
licensed engineer and a registered commercial pool contractor. He then stated he was speaking on the GFI
circuit requirement for pool pumps, specifically for commercial pools. He stated he does a lot of commercial pools
in the state of
Chairman Rodriguez stated this was for residential pools
only.
Mr. Stencil stated his understanding from the NEC was it
was for all pool pumps.
Mr. Blair clarified the Commission’s current
recommendation has an exemption for single family exemption, which is what is
being argued against.
Rodney McCall, Pent Air Water Pool Products
Mr.
McCall stated his company is the world’s largest manufacturer of swimming pool
products. He then stated he could not
legally state whether he was in support or against the code. He explained where there is a National Code
they could only recommend the customers or states follow the codes. He continued by stating there was some misinformation
given out earlier.
Chairman Rodriguez stated this was not the forum for this
because there was a TAC meeting earlier; recommendations were made and brought
forward to the Commission. He then
stated he was trying to be lenient with the time but people were still coming
up. He asked those wishing to speak to
let the Commission know what side they were on, but not to try to readdress the
merits of the issue in this forum was difficult for the Commission.
Mr. McCall stated he had just wanted to make sure the
Commission was getting the correct information.
Chairman Rodriguez stated he appreciated that.
Mr. McCall asked if he could continue.
Chairman Rodriguez responded if he could be brief. He reiterated the forum for this was the TAC
meeting.
Mr. McCall stated it was mentioned that swimming pool
pumps were available in 120 and 240 volt, but they were only available in those
voltages up to 1 ½ horsepower. He then
stated the manual states the pump needed to be grounded and bonded but it did
not state in the manual the pump be GFI protected.
Carl Shelsol
Mr.
Shelsol stated he was a licensed commercial spa and pool builder as well as an
electrical contractor. He then stated he
was not in support of the GFI with
Mr. Dixon closed the public hearing.
Mr. Blair stated the referenced document included the
action the Commission took at the rule development workshop at the last meeting
as is, staff’s request to approve the Comments and Comments 2 (only staff
comments, editorial in nature, not the comment provided on 611.7.1, staff’s
request for approval of Comment 3 (Department of Health’s Swimming Pool Rule)
as was recently revised and promulgated to correlate with the building code as
required by law, and staff was requiring approval of the language read into the
record on the handout given to the commissioners from which he read previously
from Chapter 13 appendixes and revisions all which were editorial in
nature. He then stated if there were no
changes the motion would be to proceed with rule adoption to adopt the rule
with the changes proposed by staff and the comments from the Department of
Health without an additional rule adoption hearing to file the rule.
Commissioner Schock asked if the issues could be taken
separately.
Mr. Blair stated it would be the Commission’s
choice. He then explained the
commissioners have the rule draft, the recommendations from staff for the
editorial changes and the comments from the Department of Health rule which could
be taken separately or together as a package, whatever the Commission
preferred.
Commissioner Schock moved approval to vote on the issues
separately. Commissioner Kidwell entered
a second to the motion. Vote to approve
the motion was unanimous. Motion
carried.
Mr. Blair stated Comment 2, not including the comment on
611.7.1 which was not from staff, which were editorial changes to the code as
written in Comment 2 attached to the commissioners’ computers.
Commissioner Schock asked which comment.
Mr. Blair stated it was all of the comments staff
provided on comment 2, editorial in nature. He asked if it were necessary to go
through every comment.
Commissioner Schock stated it was not necessary.
Commissioner Browdy moved approval of staff’s recommendations
on comment 2. Commissioner Greiner
entered a second to the motion. Vote to
approve the motion was unanimous. Motion
carried.
Commissioner Kidwell asked under the revision in Section
1605.3.1.1 the word reduction needs to be removed from the cross out. He then stated it should say “provided the
load reduction”, and it was stated incorrectly, an editorial correction.
Mr. Madani stated Commissioner Kidwell was correct.
Commissioner Schulte stated the FRSA comment on 611.7.1.
Mr. Blair asked if the issue could be taken separately
because it was not part of the current motion.
Commissioner Schulte responded yes.
Mr. Madani stated the original proposal which was in the
first documents included 611.7.1.
Chairman Rodriguez asked for clarification the items
which were not included in the motion.
Mr. Blair stated the items not included were the draft
rule, which includes the NEC, and the Department of Health and any other
comments. He then stated what was
included were the editorial changes to Chapter 4, Chapter 7, Chapter 13 Energy,
Chapter 16 Structural, as revised by Commissioner Kidwell, some editorial
changes to the Building and Residential Codes which were mostly editorial
issues, but does not include 611.7.1, which was not a staff comment. He stated for clarification the motion
included only those comments forwarded by staff as the editorial changes he
reviewed.
Vote to approve the motion was unanimous. Motion carried.
Mr. Blair stated a motion was needed to approve comment
3, which integrates the Department of Health Rule into the Building Code as
promulgated revised rule.
Commissioner Greiner moved approval of the motion as
stated. Commissioner Gregory entered a
second to the motion. Vote to approve
the motion was unanimous. Motion
carried.
Mr. Blair stated a motion was necessary to approve the
editorial comments for staff’s recommendations for Chapter 13, Energy, revising
standards which were incorrectly identified in the table and the words
“existing building” to appendix 13D, changing the Chapter from subchapter 3 to
Chapter 43, changing Table in 11 to 13 A.1. eliminating the same standard one for
residential and one for building for energy efficiencies, having appendix GD revised to indicate it is
new construction, additions or existing buildings which was all completely
editorial in nature.
Commissioner Boyer moved approval of the motion as
stated. Commissioner Gonzalez entered a
second to the motion. Vote to approve
the motion was unanimous. Motion carried.
Mr. Blair stated the Commission had adopted three
additional documents into the rule and the draft rule to consider. He then stated the Commission had heard
comments on some of the components therein.
He further stated if any commissioner had any issues regarding the NEC,
the submittal documents or the FRSA issue they should bring them forward. He continued by stating the Commission would
then decide if there were any changes to the text of the rule which was
approved at the last meeting.
Commissioner Schulte stated FRSA had stated its opinion
on a change the Commission made at the last meeting. He then stated he believed they were correct
with the proposed change. He further
stated he did not like to go back and change votes, because he did vote in
favor of the change at the meeting but he believed FRSA’s proposal to be
right. He stated by eliminating the
asphalt impregnated ASTMD-226 Type 1 or Type 2 does allow for lesser underlayments to be utilized for
secondary water barriers . He further
stated he had been thinking synthetics, but synthetics were in there and he
would be in favor of putting the language back in as a minimum
requirement.
Commissioner Schulte moved approval of placing language
that had been removed by the change made at the April meeting back into the
Code. Commissioner Greiner entered a
second to the motion. Vote to approve
the motion was unanimous.
Mr. Blair stated the Commission was back at the original
document it approved from the April meeting.
He asked if there were any other changes any commissioner wished to
consider.
Commissioner Schock stated he would like to restate his
position from the last meeting regarding the pump GFIs. He further stated he still believed it was
not a
Commissioner Boyer entered a second to the motion.
Commissioner Gregory stated the reason it was
Commissioner Greiner stated he understood what
Commissioner Gregory had stated. He then
stated he would submit this was not the forum for that was the TAC, who had
considered and voted on it 9-1 not to do the exemption. He further stated the change was researched
and discussed at length at the NEC code change process and reinstates a portion
of the 1999 Code that addressed GFCIs and other thin
dwellings and further clarified the language in 2007 NEC that pertains to
corded plugs. He concluded by stating
the TAC voted against the provision and the Commission voted to reverse the
TAC’s decision, something the Commission does not usually do. He then stated his concern was if the mantra
“
Commissioner Carson stated Commissioner Greiner was
correct and after lengthy discussions at two different meetings the TAC did
vote 9-1 against the change. He then
stated he did not have any technical expertise in pool pumps. He further stated he felt like leaving the
Code alone and move forward because there were reasons those provisions were in
there. He restated he did not have the
expertise like the other gentlemen who have spoken but the Commission was
trying to get away from the Florida specifics and he was not sure if the specifics
he had heard regarding this provision rise to that level, in his opinion.
Mr. Blair stated the motion on the floor was to remove
the exemption for one and two family dwellings GFCI requirement for pool pump
motors. He explained originally there
was no exception, but at the last meeting the Commission voted one in. He then stated the current motion would
remove the current exemption and the language would remain how it currently
reads in the NEC intact.
Commissioner Kidwell asked if changing the wording now
would cause a delay in the implementation of the rule, i.e. re-notice it.
Mr. Richmond stated a notice of proposed change would be
necessary with regard to the changes that have been approved because this was a
glitch cycle under the particular provision 553. He then stated once the Commission approves
the package they could be relied upon by local building officials in the
field.
Vote to approve the motion resulted in 16 in favor, 6
opposed (Mollan, Vann, Norkunas, Hamrick, Gregory, and Rodriguez). Motion failed.
Commissioner Gregory stated he pledged to his fellow
commissioners the industry would vigorously pursue this to change the NEC
comment and get it out during the next code cycle.
Chairman Rodriguez thanked Commissioner Gregory for his
comments. He stated the Commission was
trying to fall in line and some of the information will go back to that.
Mr.
Blair stated if any other commissioner had any additional changes they wanted
to propose. He stated if they did not
the next motion would be to adopt the entire package and how to proceed.
Commissioner
Kidwell stated he wanted to propose a change, but he also wanted to ask if
there would be a final vote on the rule after the hearing was closed.
Chairman
Rodriguez stated Mr. Richmond was about to state the motion on which the
Commission would be voting.
Mr.
Richmond stated as of the past Thursday a challenge had been filed to the
rule. He then stated challenges were
filed with the Division of Administrative Hearings and then a copy was
forwarded to staff.
Chairman
Rodriguez asked who filed the challenge.
Mr.
Richmond responded it was the Florida Chapter of AIA. He further stated items were raised in the
challenge he believed should be the subject of a motion. He then stated the Commission had approved
certain changes to the package approved and certain additions. He then stated the motion needed would be to
proceed with rule adoption of Rule 9B-3.047 Florida Building Code integrating
the changes and additions that had been approved at the June 2009 Commission
meeting, concluding the package was a whole and has an indeterminate impact on
small business and regulated industry and state industries in general. He further stated there was requirement of
something called a statement of estimated regulatory costs which can be
triggered by the impact on small business.
He then stated given the size of permutations and the Commission’s
inability to even identify those people who might seek a building permit in the
coming year or two. He continued by stating those figures were impossible to
come up with out of thin air. He then
stated there was no evidence submitted regarding numbers, no information
provided to the Commission in that regard and given that he believed all of
that information was indeterminate. He
continued by stating the statement of estimated regulatory costs be proposed
reflecting that and forwarded on to the Small Business Regulatory Advisory
Council as well as several other entities. He then stated the motion would also
allow the Secretary of the Department of Community Affairs to sign off on any
certification package paperwork as a result of the Commission’s approval of the
rule. He further stated the last issue
would be to publish the notice of change and proceed with adoption with no
further hearing unless the Commission preferred to hear the entire rule again
in August.
Commissioner
Franco stated he thought the Commission was going to be voting on each of the
items separately specifically the issue with the interior designers and the
architects. He then stated he would like
to get a clarification on the rule adoption.
Chairman
Rodriguez stated he could if he brought up the issue.
Commissioner
Franco stated he would like to bring it up.
Chairman
Rodriguez asked if Commissioner Franco would like to make a motion.
Commissioner
Franco stated he would like to make a motion but would need some assistance
from Mr. Richmond with the wording. He
then stated when the Commission discussed the inclusion of the words interior
designer it happened through some kind of agreement the Commission reached and
he misunderstood what it meant when he voted.
He further stated he thought it meant the Commission would be voting
again on the issue during the next meeting, but it ended up coming into the
rule adoption and was integrated. He
concluded by stating he would like to have the vote again to determine if the
words interior designer were included or not.
Mr.
Richmond stated pursuant to the Commission’s actions at the last meeting it had
been integrated into the package. He
then stated if the commissioner wanted to remove it he could make that in the
form of a motion to strike the proposed change to 106.1 and it would be subject
to second and ¾ majority.
Commissioner
Franco asked if that were to be changed could it be changed so that all of the
words, architects, engineers, and interior designers be removed.
Chairman
Rodriguez stated it was a good point but did not know if it could be done in a
glitch or if it could just be left designers instead of stipulating each one of
them.
Commissioner
Franco stated if this body was to say leaving out the words interior designer
was a glitch he would have to say having included architects, engineers and
landscape architects was the glitch.
Chairman
Rodriguez stated Mr. O’Connor had offered his comments on what he felt would
help because adding interior designers does not really help or hurt.
Mr.
Richmond stated he would echo those comments.
He then stated what had been requested of the Commission was to add some
substance some informational reference which cannot conflict with statute, it
defers to statute. He further stated the
biggest problem with that proposed approach was Florida AIA has actually stated
it would be unacceptable to them because they want to leave architects in. He further stated he envisioned the interior
designers being opposed to that as well because it was contradictory to the
settlement agreement executed by the Commission and the interior designers with
their previous rule challenge. He continued
by stating from a code standpoint there is some difficulty as to whether or not
it would qualify as a glitch or a means to address a glitch or not, which would
be an issue unto itself. He then stated
from a legal standpoint it would put the Commission adverse to everyone.
Chairman
Rodriguez stated he believed if a straw poll were taken he believed the
Commission would agree with Mr. O’Connor that it should say design
professionals and call it a day. He
further stated one of the four, architects, engineers, landscape architects or
interior designers, was left out and then came to the Commission asking to be
included. He then stated he remembered
looking at Commissioner Greiner’s expression of pain because he was one of the
first who stated they should all be out.
He continued by stating publicly the Commission has stated if it went
into the next cycle it would favor the same.
Commissioner
Greiner stated he had the verbiage.
Chairman
Rodriguez asked him to read it and then cousel can determine what impact it
might make.
Commissioner
Greiner stated in the second paragraph it should read “If the design
professional is legally registered under the laws of the state, provided for in
Florida Statutes, then he or she should affix their official seal to set
drawings and specifications of accompanying data as required by Florida
Statute.
Mr.
Richmond stated what was wrong with the verbiage was the Commission had signed
a settlement agreement not three or four months ago pursuant to a vote by the
Commission with only one descending vote to maintain the current structure and
add interior designer.
Commissioner
Kidwell stated he believed he was the descending vote but at the end of the day
there was another challenge having placed the Commission in a position where
people may come against it. He then
stated there was no right or wrong answer here and the Commission should be in
the position where it does not have a dog in the fight. He continued by stating the names should be
taken out and put back where they are supposed t be and let the Board of
Professional Engineers and Architects fight it out. He stated he agreed with Commissioner
Greiner’s wording and he would make a motion to substitute his wording in lieu
of the wording currently shown.
Commissioner
Franco stated the wording would be the motion he would like to make.
Chairman
Rodriguez asked Commissioner Kidwell if it were okay to give Commissioner
Franco the motion and he take the second.
Commissioner
Kidwell responded yes.
Chairman
Rodriguez asked Commissioner Greiner to read the wording of the motion again.
Commissioner
Greiner stated if the design professional is legally registered under the laws
of this state as provided for in
Mr.
Blair stated there was a thumbs-up from Mr. Dudley regarding the motion.
Chairman
Rodriguez asked if his noble profession of architecture could make an equally
generous statement on behalf of his profession.
He then stated he believed interior designers were natural allies and
what both professions were after was that a good design be practiced in the
state of
Commissioner
Greiner stated it simply puts everything back to the statutes where it belongs
because it does not belong in the Code.
He then stated the statutes are pretty specific about who can seal
what.
Mr.
Jernigan asked if instead of Commissioner Greiner’s motion adopt the exact
language currently found in ICC which was very similar. He stated he did not have the language in
front of him. He asked if it would have
to go through re-noticing proposed rulemaking.
Mr.
Richmond stated a notice of proposed change would be necessary.
Mr.
Madani stated the ICC language read “The construction documents shall be
prepared by a registered design professional where required by the statute of
the jurisdiction where the project is to be constructed.”
Commissioner
Franco accepted the language.
Commissioner
Kidwell accepted the language.
Mr.
Dudley stated if he understood Commissioner Greiner’s wording of the motion the
difference was to defer to the statutes, specifically as done with 471,
engineers and 481, architects, interior designers and landscape
architects. He further stated he
believed it important to specifically reference those two chapters.
Chairman
Rodriguez stated the Commission tries to be close to ICC on all matters and the
only reason to deviate would be compelling reason for
Mr.
Jernigan asked if he understood the difference would be adding this reference
to the statutes.
Mr.
Schneider asked if the issue was what the ICC currently states in the 2006
version. He asked if that was what Mr.
Madani had read.
Mr.
Madani stated he had read from 2009.
Mr.
Dudley asked for the motion to be restated.
Commissioner
Greiner restated the motion was to defer to the following language “the
construction documents shall be prepared by a registered design professional
where required by the statutes of the jurisdiction in which the project was
being constructed.”
Mr.
Dudley stated if it said “licensed pursuant to Florida Statutes Chapters 471
and 480.”
Commissioner
Greiner stated the Commission was the
Commissioner
Franco stated he would not support that in the motion.
Mr.
Dudley stated they were asking that every building code administrator be
directed to those two chapters.
Commissioner
Palacios stated he believed that wording might say to
Chairman
Rodriguez stated the Commission was trying to clear it up so these problems do
not occur. He then stated some jurisdictions
apply and some do not.
Mr.
Madani stated they normally take out the reference to the jurisdiction and were
required by Florida Statutes.
Mr.
Dudley stated if these two statues were not referred to some building code
administrators would not know where to be directed to. He further stated he thought it appropriate
the Code direct them to the proper statute.
Commissioner
Franco stated he would be confused as to how a building official would not know
where to find the information within the Florida Statutes.
Mr.
Dudley stated that was why the Commission was here and has been here for 6
months because there were building code administrators officials who do not
understand that interior designers were included in 481.
Commissioner
Kidwell stated if referencing Florida Statutes 471 and 481 would make this go
away he would support that as the second.
Commissioner
Franco supported the motion to include reference of statutes 471 and 481.
Mr.
Blair stated the motion was to go with the 2009 ICC language and to reference
the statutes in
Commissioner
Stone asked for clarification where it said local jurisdiction or local statute
it would say Chapters 471 and 481.
Chairman
Rodriguez responded that was correct.
Commissioner
Stone asked if the 2nd paragraph under the exception would all be
deleted.
Mr.
Blair responded it would be deleted because the ICC codes will be used.
Commissioner
Palacios stated contractors are not allowed to sign and seal plans, but can
pull permits under a certain dollar value.
Chairman
Rodriguez stated it was in a different section.
Vote
to approve the motion was unanimous. Motion carried.
Mr.
Madani requested the architects and interior designers stop sending him emails
now that it is all over.
Mr.
Blair stated a motion was necessary to proceed with rule adoption integrating
the changes and additions made by the Commission concluding passage as a whole
has an indeterminate impact on small business and regulated industries,
providing authority for the Secretary of the Department of Community Affairs to
sign off on the certifications and to notice proposed changes and proceed with
rule adoption without an additional hearing.
Commissioner
Boyer moved approval of the motion as stated.
Commissioner Kidwell entered a second to the motion.
Commissioner
Gross stated he found a typo in 105.15, 4th line.
Mr.
Blair asked if the Commission would like to add authority for staff to make
editorial corrections.
Commissioner
Franco supported adding the authority for staff to make editorial changes. Commissioner Kidwell supported adding
authority for staff to make editorial changes.
Vote
to approve the motion was unanimous.
Motion carried.
RULE ADOPTION HEARING ON RULE
9B-13.0071 COST
EFFECTIVENESS OF AMENDMENTS TO
ENERGY CODE (ENERGY CODE WORKGROUP CET RECOMMENDATIONS
Chairman
Rodriguez stated Section 109HB7153 directs the Commission to develop a rule for
determining cost effectiveness of energy conservation measures to be considered
for inclusion in the Florida Energy Code.
He then stated the rule must be completed and applied to the updated
provisions of the 2010 Florida Building Code.
He further stated the Commission was working with stakeholders via the
Energy Code Workgroup to develop cost effectiveness test criteria to be applied
to justification for increased residential building energy efficiency
requirements to conclude in time to make the adoptive rule effective for
inclusion in the 2010 Code update process.
He continued by stating at the February 2009 Commission meeting the
Commission voted to initiate rulemaking to develop a rule for cost
effectiveness of energy conservation measures to be considered for inclusion in
the Florida Energy Code by conducting a rule development workshop at the April 2009
Commission meeting. He stated the Energy
Workgroup met on March 5th, March 27th, and March 30th
of 2009 and has recommendations for the Commission’s consideration. He then stated the Commission conducted a
rule development workshop at the April 2009 meeting and voted to proceed with
rule adoption by conducting a hearing at the June meeting. He concluded by stating the hearing provided
an additional opportunity for public comment before the Commission votes to file
the rule for adoption.
Mr. Richmond opened the hearing.
Commissioner Greiner stated the Commission would recall
as the rule was set up at the last Commission meeting there were a couple of
questions that had come from the TAC and the Commission with respect to certain
areas where specific numbers were not clear.
He then stated those areas were used as a placeholder. He further stated the four items Mr. Blair
would be presenting were what the workgroup settled on after research and
testimony and would provide for insertion into the rule. He continued by stating there were also some
items from Florida Solar which had to do with items that were changed and
editorial items which straightened things out, 2 comments.
Mr. Blair stated the Commission would be considering
approval of the draft rule as posted with addition of the comments provided
from FSEC which were basically what the workgroup agreed to providing
additional detail as Commissioner Greiner had mentioned. He further stated in addition the final four
recommendations from the workgroup which fill in those generic placeholders
were as follows: 1) Define the
definition of consumer for both residential and commercial as a class of
economic system participant which makes no distinction between the owner of the
building and the utility rate payer, 2) for commercial the mortgage interest
rate would be the greater of the most recent 5 year average and 10 year
average, 3) simple interest rate for a fixed rate 30 year mortgage is computed
from the primary mortgage market survey (PMMS) as reported by Freddie Mack plus
a 2% increase that would be for commercial, 4) the commercial down payment
would be 20% and the Internal Rate of Return (IRR) on investments for
commercial a value equal to 7%.
Chairman Rodriguez called for public comment.
No public comment.
Mr. Richmond closed the hearing.
Mr. Blair stated a motion was necessary to proceed with
rule adoption integrating the changes and additions approved as comments, allow
the Secretary of DCA to sign off on certification, proceed with notice of
proposed changes and proceed with rule adoption without an additional
hearing.
Commissioner Greiner moved approval of the motion as
stated. Commissioner Stone entered a
second to the motion. Vote to approve
the motion was unanimous. Motion
carried.
RULE DEVELOPMENT WORKSHOP ON RULE
9B-72.090, PRODUCT APPROVAL, FEES
Chairman
Rodriguez stated at the October 2008 meeting the Commission voted in favor of a
policy requiring all programs to be self supporting. He continued by stating in the past the
Commission had subsidized to develop and revise the BCIS for product
approval. He then stated the Commission
agreed the true cost of implementing programs changes would have to be
reflected in the fees charged for the programs.
He further stated the Commission has spent approximately $1 million
dollars for changes to the BCIS to implement product approval changes desired
by stakeholders. He stated in the past
building permit fees that support the Commission were used to fund the costs,
however, there was no longer any reserve of the fees to subsidize the
program. He then stated the Commission
was operating with a significantly reduced budget. He continued by stating in order to balance
the Commission’s budget it needed $800,000.00 from product approval. He stated the Commission currently had more
spending authority than funds. He
explained building permit surcharge fees continue to decline and codes and
standards recently took a 10% cost cut and lost 2 staff positions. He then stated thanks to the Commission’s
stakeholders support of the Legislature in minimizing those impacts. He further stated as a result of the
declining funds the Commission needed to revise the fee schedule for product
approval to make them self-supporting and to repay some of the development
costs funded by the Commission. He
continued by stating the Product Approval POC had evaluated the issue and has
recommendations for the Commission. He
stated the workshop was an opportunity for additional public comment before the
Commission votes to proceed with rule adoption.
Mr. Richmond opened the hearing.
Ms. Jones presented a Power Point presentation on
fees. (Please see Product Approval
Fees Part 1 Revenue/Expenses, Part 2 Distribution/ Part 3 Fees.)
Commissioner Palacios asked how the vendors were selected
and if there many bids for the position.
Ms. Jones stated it was a bid process. She then stated it was the second time it had
been bid on and there were 2 responses.
Chairman Rodriguez asked how many responses there were
the first time.
Ms. Jones responded there were 2 that time as well.
Commissioner Gross stated there was red everywhere except
for 2 options within the first column and 1 option in the second column. He asked if those items were the only ones
without a shortfall.
Ms. Jones responded yes.
Commissioner Gross asked if the Commission did not want a
shortfall one of those options would have to be chosen.
Ms. Jones responded yes.
Chairman Rodriguez asked for clarification which options the
Commission would have to choose from to avoid a shortfall.
Ms. Jones responded Option 1 (FBC 75% or FBC 60%) or
Option 2 (FBC 75%).
Commissioner Stone stated he assumed this was without
major changes to the way the Commission does business. He asked if it was basically operating very
similarly to the way it had been.
Chairman Rodriguez stated that was not correct the
Commission would not be operating the way it currently operated. He then stated it had already been stated
there was a reduction in the Commission’s funding and were reduced by 2
positions beyond the 2 that were retired.
He continued by stating the issue was whether the Commission continued
to provide the service or not.
Commissioner Stone stated he disagreed. He further stated he had not seen a decision
package on which he could make a rational decision.
Mr. Blair stated the process was to get clarifying
questions only, hear the POC’s recommendations, public comment and then come
back for Commission discussion.
Commissioner Palacios asked what the POC recommendations
were.
Mr. Blair stated the POC recommendations would be
discussed after clarifying questions.
Chairman Rodriguez stated he wanted to respect
Commissioner Stone’s ability to disagree but asked if there was any other
answer to the question he had asked regarding if the was business as usual for
the Commission.
Commissioner Stone stated he could wait for the
discussion part because he believed it would be more involved. He further stated he resisted the statement
that the Commission had to do something.
Chairman Rodriguez stated he just wanted to make sure his
question was addressed.
Commissioner Stone stated it would be.
Mr. Blair stated the Product Approval POC met and voted
on recommendations to the Commission regarding Product Approval fees and
adjustments. He further stated the POC
recommended Option 4 including fee adjustments for products requiring further
review and inspection with no fees or adjustments for the vendor. The POC voted
5-1 with Commissioner Carson voting against the recommendation.
Dave Olmstead, PGT Industries
Mr.
Olmstead stated his company had been involved with the Product Approval process
since the very beginning and believed it to be a viable value added
process. He then stated from his own
experiences it has benefited the public, the playing field was more level, and
the public was getting better products.
He further stated they would be amenable to an increase in the cost of product
approvals however the Commission works it out.
He concluded above all they do not want to see the system fall apart
therefore they will go along with whatever the Commission comes up with.
Dick Wilhelm, FMA, WDMA
Mr.
Wilhelm stated he represented FMA, WDMA, the majority of door and window
manufacturers and also the majority of people who use the method in Product
Approval which brings in a good amount of money. He then stated he had hoped to hear from the
gentleman appointed by the Governor representing manufacturers before he made his
comments, but would have to do it in reverse.
He continued by stating they very much supported his recommendation of
Option 4, and also pledged working with the Commission to solve the problem. He further stated he would like to see all of
the options available to help solve the problem without putting an undue burden
and expense on manufacturers because, like the Commission, they were suffering
as well.
Randy Shackleford, Simpson’s
Strong Tie?
Mr.
Shackleford stated they were presented yesterday with the information just
presented in the Product Approval fees presentation. He referenced the second page regarding the
cost of the Product Approvals’ system last year to DCA was $310,000.00 or 12%
of the cost of the Florida Building Commission, $348,000.00. He then stated the amount said to be
necessary was $800,000.00 and he did not understand why fees would be needed
that would make up over twice the amount of the cost of the system. He continued by stating he understood the
necessity for programs to be self supporting and was in agreement with
that. He stated the manufacturers were
happy with the product approval system and they receive very good service from
the DCA and staff, as well as the product approval administrator. He reiterated he did not see the need to
increase fees for over twice the amount of the cost of the system. He stated they gave testimony at the POC
meeting regarding their support of Option 2 understanding some fees were not
being charged currently and recommended by the committee, plus maybe a $50.00
across the board fee. He concluded by
stating times were hard for manufacturers and at 66% some of the costs would be
too much.
Mr. Dixon stated the numbers were on the handout clearly
showing the program has only paid its own way once in its lifetime. He further stated over time there had been a
tremendous investment of funds collected from another source. He then stated it was not unfair at some
point to ask for some of the investment back and they were not asking for all of
it back. He continued by stating there
was hopefully just a one year low point in the cycle where it is necessary for
the product approval program to pay a
little bit of the investment back.
He reiterated they were not asking for all of the investment.
Ms. Jones stated for clarification the Commission had
spent basically 3 million dollars, which included the BCIS ($725,000.00) and
operating expenses ($2,400,000.00). She
then stated she believed Mr. Shackelford may have misunderstood what she had
said or maybe she was not clear enough.
She further stated this included the information system, operating
expenses, which was what the Commission covers because the $300.00 fee has gone
to the other part of administrative activities to fund the approval or review
of the applications.
Mr. Blair stated $300,000.00 was not the full cost of the
program, but one small part of it.
Ms. Jones stated under the Fiscal Year 2008-2009 the BCIS
was $50,000.00, FBC operating expenses was $310,000.00, and the administrator
was $749,000.00 making the actual total operating cost of the program was 1.1
million dollars.
Ted Berman
Mr.
Berman stated he wanted to speak because some of the members of the Commission
were not there at the beginning of the process and there was a question from a
commissioner he wanted to expand on. He
then stated the program had been out for bids twice. He further stated the first time it went out
the competing bid was over $600.00 per
review. He continued by stating at that
time the group he was with bid to maintain at that time a fee of $300.00
approved by the Commission and the competing bid was more than double their
bid. He stated when that contract was up
for review it was bid on a separate group and he believed the opposing bidder
had the same bid. He then stated they
had provided a reduction in the bid by providing a $25.00 reimbursement to the
department, which they had been providing.
He further stated the department requested them to assume some of the
responsibilities of a position that became vacant and they had done so
voluntarily in order to cooperate with the department.
Mr. Shackleford stated in the budget presented earlier
there was projected revenue from product approval of $800,000.00. He asked if it included the expense of the
administrator. He stated the Commission
wanted to clear $800,000.00 where the $300,000.00 are clear expenses listed do
not include the other $750,000.00 which makes up the 1.1 million. He concluded by stating if it was not
included in the income it should not be included in the expenses.
Ms. Jones stated the budget discussed earlier basically
shows what the Commission has with product approval taking all of the fee
increases the Commission plans to do the Commission has an $800,000.00 hole
that has to be filled to be able to fund its activities this year. She then stated, as Mr. Dixon said, the
Commission has funded this program more than 3 million dollars over the last 6
or 7 fiscal years. She further stated
therefore the Commission was looking to that program to collect enough money to
fund the Commission’s activities. She
then stated if they do not look there they will look for corresponding cuts in
activities for the fiscal year.
Mr. Richmond closed the hearing.
Commissioner Palacios asked how realistic it would be to
do Option 4. He stated it would be very
nice to say it was going to be cut but it’s pie in the sky basically. He then stated if the program had been
mismanaged for all of these years to a huge deficit he did not believe the
current economy should be the place they try to recapture it.
Chairman Rodriguez stated the program had not been
mismanaged. He then stated building
activity had been so high the Commission had been able to subsidize the Product
Approval. He then stated living in Dade
County Commissioner Palacios should know what product approval meant to
Commissioner Palacios stated he could understand raising
the fees to cover the deficit of product approval. He further stated he was in support of product
approval. He then stated he thought it
unrealistic to come now this year and say in this screwed up economy is now
when the Commission will revamp product approval. He continued by stating when materials were
being sold left and right would’ve been the time to get them to pay for it.
Chairman Rodriguez stated he did not disagree. He then stated when this was reviewed with
staff it was discussed how this was the wrong time to be raising fees, but the
only other option was reduce services.
He further stated there was not the same activity in building permits as
there used to be. He stated he did not
feel bad that the Commission subsidized the program, but he did feel bad the
Legislature took over the money the Commission had saved precisely for moments
like this.
Commissioner Palacios stated he was not opposed to
raising the fees just not the windfall.
Commissioner Schock asked if there had been any kind of
comparison done to other processes like Miami-Dade or the ICC.
Ms. Jones stated she had not done checked on that.
Commissioner Schock asked if anyone knew the cost of
product approval through Miami-Dade.
Mr. Madani stated it was very simple math. He then stated in ICC $11,000-15,000.00 or in
Miami-Dade $5,000-6,000.00 to be approved.
Commissioner Schulte stated in looking at the cash
analysis of revenue and expenses he saw the largest expense was OPS contracts
($1.393 million). He asked what was
rolled into that number because that was a huge cost.
Ms. Jones stated the number included research contracts,
facilitator’s contracts, and audio contracts, for example. She then stated other than staff and expenses
most of the work done through the Commission were funded by the OCS through
contractual services.
Commissioner Schulte stated he did not know if that was
something that needed to be looked at.
He then stated if that number could be lowered maybe it could lower the
requirements and revenue on the other side.
Chairman Rodriguez stated the issue has been it was less
expensive to hire a consultant than to have someone on staff. He then stated for years, since the Bush
years, there have had to be staff reductions.
He further stated the money from the permits was used to hire
consultants and not increase staff, which the Commission was not allowed to do
anyway, in order to get the services.
Commissioner Schulte stated he understood. He asked when discussing research did it mean
projects like the UF projects.
Ms. Jones responded yes, the
Mr. Dixon stated for any special project the Commission
has consultants hired to help develop the technical background.
Chairman Rodriguez stated what Commissioner Schulte was
asking specifically which were those projected for the next fiscal year which
the Commission would have to fund.
Ms. Jones stated the Commission was entering into
contracts with the
Ms. Jones stated the energy research was requested from
Legislature.
Chairman Rodriguez stated the Commission would be hard
pressed to rescind that contract because the Legislature was requiring the
Commission develop these.
Ms. Jones continued by stating there was a manufactured
buildings contract monitoring contract found in the statute and the rule that
third party agencies and manufacturers are monitored.
Chairman Rodriguez asked if that paid for itself.
Ms. Jones responded yes, manufactured buildings does pay
for itself. She stated as a side note it
had been one of the programs subsidized product approval these past years.
Chairman Rodriguez asked if either of those could be cut.
Ms. Jones responded she did not believe so.
Chairman Rodriguez stated because one pays for itself and
the other was mandated by the Legislature.
Ms. Jones stated also because these are the issues the
Commission will be looking at for the 2010 Code.
Chairman Rodriguez asked what else.
Ms. Jones stated there was also audio, minutes, and BCIS.
Commissioner Smith asked if it was out of line to ask for
a breakdown of these expenses.
Ms. Jones stated it was not.
Commissioner Smith stated he thought it would help some
of them understand on a line item basis where these expenses are going.
Commissioner Stone stated he sat quietly and cautiously
to let the line out and see how many fish could be caught. He then stated he was always amazed that in
hard economic times only government thinks of increasing costs rather than
decreasing. He further stated he knew
associations all over the country such as AFNPA
who has reduced their force by 40% still trying to provide a service to their
members. He continued by stating the Florida Homebuilders Association was going
through the same thing. He stated only
government thinks they can always increase even in times of hard economics.
Chairman Rodriguez stated with all due respect he
believed his statement to be a generalization.
He then stated he knew Commissioner Stone had been in government and he
knew he had experience but he just joined the Commission and he would need to
be a little more familiar with what the history had been under the Bush and
Christ administration in terms of cutting back.
He continued by stating it was not because the Commission was fat and
not willing to make 40% reductions. He
stated the Commission had been kept lean over the years while it had been given
unfunded mandates.
Commissioner Stone stated he was fully cognicent of that. He then stated his point was
there were different ways of skinning the cat.
He further stated he was not sure if the commissioners had been given
enough information to make that decision.
He continued by stating, for example, what always happens to him in
government entities was the bureaucratic remark “we’re going to have to close
the parks, shut a fire station, you can’t have as many Commission
meetings…” He restated that was a
bureaucratic remark. He then stated
there were various ways of doing and performing functions. He further stated there were also functions
that were discretionary and those need to be looked at. He continued by stating the decision package
the commissioners were given was not adequate to make that decision. He stated the commissioners need to know what
the itemized cost, the operations the Commission was doing and the options for
doing those operations. He then stated,
for example, the Commission has had teleconference meetings and those are very
cost efficient. He stated he was a
member of ASHRAE and they have very detailed teleconferences using go to
meeting that’s 2 days long and they get much done for a very low cost. He continued by stating the Commission has to
think of different ways of operating. He
then stated he believed what Mr. Berman was doing was fantastic, but the
question would be is everything Mr. Berman is doing have to be done. He further stated can’t the Commission
recognize every building product that has an ICC approval. He asked why that cost can’t be
eliminated. He stated there other issues
out there that need to be looked at and he did not see the Commission was looking
at them. He further stated as a tax
payer he did not believe the Commission was effective with its money and he
believed the pencil could be sharpened and be better which was why he made the
motion for Option 4. He stated he did
not see any reason for increasing fees.
Chairman Rodriguez stated he thought it was valid to ask
for more information. He then stated he
would ask the commissioner to not paint the Commission or the Department which
has been supporting the Commission with the same brush of your personal
experiences in government. He further asked if he knew how many generalizations
were in this world regarding architects, interior designers, engineers, lawyers
i.e. everyone. He stated he refused to
accept those generalizations because they were not required and he had just joined
the Commission. He suggested if he asked
his questions and the answers were not satisfactory then fine.
Commissioner Stone stated his experience with government.
Chairman Rodriguez stated he should not rely on his
experience with government to cast dispurgeons
on what this staff had done.
Commissioner Stone stated he had done operations review
from
Chairman Rodriguez stated that was not what he was doing
now.
Commissioner
Stone stated he had studied this field and was his field of expertise. He further stated there were generalities in
government and he did not want to see it in the Commission and was trying to
prevent that. He then stated he did not
know if it was occurring in the Commission.
Chairman
Rodriguez asked him to give the Commission the benefit of doubt.
Commissioner
Stone stated he found the decision packet to be inadequate and he would not
accept it at the City of
Chairman
Rodriguez stated he had no objection to that at all.
Mr.
Richmond stated one of the things that needed to be recognized was the
Commission’s fairly limited authority in this realm. He then stated he worked
with staff and one of the few things the Commission actually has the authority
to do is look at fees, which was what the Commission had been asked to look at
and do everything as quickly as possible.
He further stated the solutions need to be short term otherwise at the
rate the expenses were going out and the monies coming in the Commission will
run out of money. He stated it was a
practical reality, but it was not bureaucracy or anything along those lines. He restated fees were actually something the
Commission could look at and very little else.
Ms.
Jones stated one item discussed earlier and she provided the projected revenue
and disbursements to the commissioners.
(Please see Cash Analysis Housing and Community Development Operating
Trust Fund – Codes.)
Chairman
Rodriguez stated the point Commissioner Palacios made and discussed was the
Commission needed to know where and how much is spent on product approval. He then stated the case has already been made
of the years of subsidizing the program and that the monies saved had been
taken away. He stated moving forward he asked how much it cost to run the
program the way it is now.
Ms.
Jones stated for the year 2008-2009 it cost $11 million.
Chairman
Rodriguez stated by increasing the fees in Option 1, with 2 sub options
relative to how much of the fee was given to the consultant.
Ms.
Jones stated at this point if the fee is $300.00 per application the Commission
gets $25.00 or 12%.
Chairman
Rodriguez stated what was being proposed would be a 60/40 rate.
Ms.
Jones stated that was one of the options.
Chairman
Rodriguez asked from that option, which was one of the options under Option 1,
would the Commission be able to pay for the product approval system the way it
is being conducted now.
Ms.
Jones stated the Commission’s portion would be covered. She then stated the administrator’s portion
would be $548,000.00 and would have to be discussed with the
administrator. She further stated the amount
was along the lines of what he had collected the last two years.
Chairman
Rodriguez asked how much the Commission would have to charge to have product
approval pay for itself the way it is currently being run. He stated then the Commission can discuss how
it can be run differently.
Commissioner
Stone stated it was discussed previously and he had a question on it.
Chairman Rodriguez stated there might be a way to run it
differently but what is the amount it would take to run it the same way in the future.
Commissioner Stone stated some administrative questions
came up during the POC which need to be addressed.
Ms. Jones stated she understood what he was asking her
and she was trying to answer him as clearly as possible. She then stated if looking at the options
there were basically three options that would allow the Commission to receive
the amount of money it needs to function and the rest would depend on either
negotiating with a vendor or if the vendor decided they did not want that
amount the contract would have to be re-bid.
Chairman Rodriguez stated the options as written indicate
in order to not be in the red the Commission has to negotiate 60/40 or 75/25.
Ms. Jones stated 72/25 or 60/40 with Option 1 and 75/25
under Option 2.
Chairman Rodriguez stated if the contractor would
negotiate with us on that basis would it cover the cost of the product approval
system the way it is being run at present.
Ms. Jones stated the only one that would cover the cost
of the product approval system being run now would be Option 1 either 75/25 or
60/40 because those are over 1 million dollars.
Chairman Rodriguez asked if those did cover the program.
Ms. Jones stated those would cover the entire program.
Chairman Rodriguez stated Commissioner Palacios concern
was the Commission not charge more than what it takes to run the program then
how it could be run different or more efficient could be discussed. He then asked with those two options by
increasing the fee to $300.00 if the Commission could pay for the product
approval system.
Ms. Jones stated the fee would be increased from $300.00
to $500.00.
Commissioner Palacios stated looking at the bar chart and
the Commission’s cost last year he asked how much did it cost to run the
program.
Ms. Jones stated 1.1 million dollars.
Commissioner Palacios asked how much the revenues were.
Ms. Jones stated the revenues for product approval were
$812,000.00.
Commissioner Palacios asked if anyone had a calculator
and asked what 1.1 divided by .8 equals.
He stated it was a shortfall and whatever the percent for that shortfall
was that should be the increase necessary to actually cover the cost of the
program.
Commissioner Greiner stated the Commission has a program
which does not pay for itself so the original number the Commission got and
used was incorrect. He then stated now
the fee has to be raised up so it will pay for itself. He further stated if the Commission went with
the 60/40 under Option 1 with the fee increases it would take care of it.
Commissioner Palacios stated currently the department
gets less than 10% of the money it collects.
He then stated from a $350.00 fee it gets $25.00. He further stated it
was currently a 90/10 split and someone is going to make it a 60/40 split the subcontractors
were not going to be happy.
Chairman Rodriguez stated if it could not be negotiated
the Commission would have the option of going out.
Commissioner Palacios asked if it was going to be
possible to cut this expense in half.
Chairman Rodriguez stated the profit was being cut.
Commissioner Palacios stated it should be put out for
bids.
Mr. Blair asked Commissioner Palacios to clarify he
supports an option that would determine what the cost of the system is and
whatever that cost is the fee would be adjusted accordingly in order to make it
neutral.
Commissioner Palacios stated that was correct. He stated
it should be put out for bids.
Mr. Blair asked if he meant the fee would be adjusted to
balance out revenues and expense.
Commissioner Palacios stated that was correct.
Ms. Jones recommended if the Commission would consider
Option 2 with 75/25 split that would give the Commission $831,000.00 and the
administrator $277,000.00 with a few dollars being negotiable. She stated this would be back shortly anyway
because it is the last year of the contract for the administrator so it will
have to be bid returning to the Commission in December 2009. She further stated in order to get it bid out
and have administrator in place for July 1, 2010. She then stated it could possibly be a short
term solution.
Chairman Rodriguez asked how much the administrator
received right now per review.
Ms. Jones stated it depends on the different fees. She then stated, for example, a new application
the administrator gets $275.00 per application.
Chairman Rodriguez asked how much the administrator would
get if the Commission went with Option 2.
Ms. Jones stated this year for new applications there
were approximately 3,000 applications $277,000.00 divided by 3,000.
Mr. Blair stated the administrator would get $75.00 and
the Commission would get $325.00.
Commissioner Palacios stated it was impossible. He further stated the Commission would not
get for $75.00 what it was getting for $300.00 before. He then stated the administrator could be
squeezed, but not that hard.
Chairman Rodriguez asked if it should be increased beyond
the $400.00, which Ms. Jones had proposed.
Commissioner Palacios stated look at the split.
Chairman Rodriguez stated he agreed with Commissioner
Palacios, but the Commission had to get to the crux of the matter on product
approval only and then the budget could be reviewed. He asked if the Commission was paying $275.00
per review, in order to cover the cost of the program as it currently operates,
it would have to be increased to $500.00.
Ms. Jones stated to get the Commission where it needed to
go and the administrator where he needed to go she would say $500.00. She then stated if looking at the Commission
and reducing the administrator then it could go to $400.00.
Chairman Rodriguez stated Commissioner Palacios’ concern
was the reduction would be too severe.
Ms. Jones stated with that in mind she would say
$500.00.
Chairman Rodriguez stated there would definitely be a
reduction on the per review.
Commissioner Palacios stated the numbers did not make any
sense.
Chairman Rodriguez stated he knew which was why he was
trying to do it per review so it can be understood.
Commissioner Palacios stated if it costs $1.1 million and
the Commission was charging $800,000.00 if it was divided all the way down only
$300,000.00 needed to be charged. He
then stated if raising it from $350.00 it would have to be to $450.00 that is
if the administrator was not cut anything.
He then stated if the administrator could be cut down 10% and then only
raise the fees 25% the difference would be made up and the program balanced
out.
Ms. Jones stated the $800,000.00 was what the Commission
needed in order to function for the next fiscal year. She then stated the $800,000.00 did not
include the cost of the administrator.
She further stated there were two issues: 1) to get to the point the Commission
gets the $800,000.00 and 2) to determine what the Commission wanted to pay the
administrator to get to the total fee.
She continued by stating if the Commission chose Option 1 the 60/40
would get the Commission $822,000.00 and $548,000.00 for the administrator,
which was in line with what he had collected for the last couple of fiscal
years.
Chairman Rodriguez stated because the cost of the
administrator was separate to the cost to the Commission there was a
disconnect. He then stated what the
Commission was trying to deal with was how to raise the fee from $300.00 to
$500.00 and where it goes. He further
stated how it appears to Commissioner Palacios and others is the Commission was
overcharging product approval in order to fund other programs, but that was not
happening.
Commissioner Vann stated he believed it to be way, way
too complicated. He then stated all the
Commission was dealing with was a shortfall.
He then stated there was an $800,000.00 shortfall. He then stated he believed the Commission
should be looking at an average of the last 4-5 years to come up with accurate
numbers, not just 2008-2009, which appeared to be an anomaly. He further stated to get a true perspective
it should be looking at 2004-2005 and run some averages. He continued by stating the reality was
finding out where the shortfall was and then make some of it up through the
administrator and some of it up through the additional fees and try to make
everybody happy as much as possible.
Chairman Rodriguez stated that made a lot of sense. He then stated the question now was more of a
procedural question. He further stated
if the fees were going to be raised the Commission was running out time to
catch that cycle. He stated if not the
easiest thing to do would be to put it off for eight weeks and have Ms. Jones
come back with clear figures of what it costs and how much the Commission has
to charge, forget all of the options. He
continued by stating if the Commission and the industry was not supportive then
the services have to be reduced. He then
stated he believed the Commission needed some help on the timing issue and how
much of a window of opportunity was there before it remains at $300.00 and the
Commission would have to just reduce services.
Commissioner Palacios asked if anyone had talked with the
administrator about reducing their fees before it goes out to bid again.
Ms. Jones stated she was waiting to find out what the
Commission wanted to do because that would depend on how to deal with the
administrator.
Chairman Rodriguez stated he believed that was fair. He
then stated how much the Commission has to spend and then negotiate. He asked what the threshold of pain was. He stated $1.00 over $300.00 would be painful
because people were doing worse therefore it was counterintuitive. He then stated the Commission was placed in
the situation because its money was taken away for moments like this, so the
Commission recovers, the economy recovers, the permits recover and then the
Commission makes it up.
Commissioner Palacios stated he believed the Commission
needed to know its costs before determining what to charge.
Chairman Rodriguez stated everything was negotiable
except the honor of the revolution. He
asked how much can the Commission or the industry can bear. He then stated everyone was in agreement the
service as it runs currently was first class.
He further stated it took a long time to get where it is and everyone is
on board. He continued by stating the
Commission was giving a very good service because it subsidized it for a number
of years. He stated the money from which
it subsidized has been removed and a determination of what was acceptable to
charge to keep the service the way it is.
He further stated if the Commission decided otherwise it can go back and
negotiate less service.
Commissioner Stone stated one of his concerns was if the
administrator’s revenue he would become quicker in the way he makes
decisions. He further stated what has
been excellent about Mr. Berman was his working with the clients. He then stated he did not want to cut too
much or put too much pressure. He
continued by stating a couple of issues came up at the POC meeting: 1) were
there certain limits of size of an application that if it gets too big it costs
too much and that person would be subsidized by everyone else and 2) there was
a decision made where an applicant was denied.
He then stated Mr. Berman had worked with the applicant and there should
be a limit as to when a decision was made. He further stated the POC made a recommendation
and the Commission accepted it. He
stated the quality of service must always be kept in line. He continued by stating he had talked about
the revenue but the quality of service was a key issue.
Chairman Rodriguez stated he appreciated the
comments. He further stated those were
some of Commission Palacios’ concerns as well, when some of the projections
were made of cutting the fee of the service provider.
Commissioner Gregory stated he believed the users of the
system were not able to sell their product unless they receive a product
approval so it behooves them to pay the fee because they cannot sell a product
unless they do. He then stated he was in
favor of the first option and negotiating with the administrator to drop his
fee. He further stated as a contractor
the margins he made a year ago were not there.
He then stated by doing a combination of increasing the fees and
lowering the costs he believed the Commission could get there. He further stated the Commission needed to
know what it is costing them and would need a cushion there because there was
no way of knowing how many product approvals there would be in the upcoming
year.
Chairman Rodriguez stated that was correct it was a
projection.
Commissioner Greiner asked if the Commission was in a
position, with the contract coming up in October, if it could put something in
force now, such as option 1, as suggested by Commissioner Gregory, with the
stipulation it would be renegotiated in October when it was reviewed
again. He then stated at that time there
would be more information and the Commission would still have the advantage of
the higher fees.
Chairman Rodriguez stated that was why he needed to know
what the window of opportunity was in terms of changing the fee because the fee
cannot be changed every day.
Mr. Richmond stated the fee can be changed anytime the
Commission decides it can tolerate additional rule making as established in
rule.
Chairman Rodriguez asked how long it would take.
Mr. Richmond stated the current discussion would be
considered the rule development workshop and in August the rule adoption
hearing would be held. He then stated
assuming there were no changes the rule could be filed 21 days later.
Chairman Rodriguez asked what the answer was.
Mr. Richmond stated the best case scenario would mean a
90 day period considering times necessary for Commission meetings. He then stated the best case scenario would
be approximately 45 days if teleconference meetings were utilized.
Chairman Rodriguez stated the $300.00 would be in effect
for at least 90 days.
Mr. Richmond stated it could not even take effect until
September.
Chairman Rodriguez asked how many days that would mean.
Mr. Dixon stated he was reading the comments left by
Commissioner Carson who had to leave but wanted his comments in the
record. He read “1) Commission
policies and programs must pay for themselves.
2) the initial $300.00 number was
picked out of the air because no one knew what it would cost to run the
program. He then stated there was a
range of proposals made from $600.00 and down to select as a starting point and
the rule does require reevaluation every year. 3) there were marketing benefits
to the manufacturers and there were benefits to the manufacturers of not having
to go to each individual jurisdiction to have their product approved. He stated his point was there was a
tremendous savings to the manufacturers by coming to the state, which was a
voluntary process, and not having to expend funds by sending someone into every
jurisdiction to have their product approved. He also wanted to point out if
there were fewer meetings there would be less frequent product approvals. He stated TAC meetings which are not
complicated issues were being done by teleconference. He then stated product approvals themselves
have been done by teleconferences.”
Commissioner Gregory moved approval to accept Option 1
with the 60/40 split and negotiate with the administrator for a lower fee. Commissioner Vann entered a second to the
motion.
Commissioner Palacios asked for how long it would be
effective.
Mr. Dixon responded stating the rule states it was to be
reevaluated annually. He then stated if
the economy picks up and gets better it would be next year.
Commissioner Palacios asked if it would be effective 90
days from now and effective until.
Chairman Rodriguez stated Mr. Richmond had stated it
would be September. He then stated the Commission could change it before then
if it wanted to deal with the process before then. He continued by stating realistically if the
Commission adopted it now it would take until the end of October. He stated if the Commission wanted to change
it after 3 months it could.
Vote to approve the motion resulted in 16 in favor, 2
opposed (Smith, Stone). Motion
carried.
Mr. Blair stated a motion was necessary to adopt the
recommendations and publish them and to proceed with rule adoption of Rule
9B-72.090 Product Approval Fees by conducting a rule adoption hearing at the
next Commission meeting.
Commissioner Gregory moved approval of the motion as
stated.
Commissioner
Boyer entered a second. Vote to approve
the motion resulted in 17 in favor, 1 opposed (Stone?)
Motion carried.
COMMISSION MEMBER COMMENTS AND
ISSUES
Commissioner Stone stated he was really concerned the
Commission was adopting the I Codes and trying to go toward the I Codes yet the
Commission was not actively participating in the code change process of the
ICC. He asked if it were very expensive.
Chairman
Rodriguez stated he was not exactly correct.
Mr. Dixon stated the Commission had taken up this
subject at one time. He then said staff
had requested that items which were
Commissioner
Stone stated he did not disagree with those comments. He then stated his point was when he attends
the Code hearings he did not see many code officials there. He further stated the code officials make the
decisions and he believed the Commission should encourage local governments
whenever possible to send code officials to those meetings because the
Commission did not have the input it used to have.
Chairman
Rodriguez stated Commissioner Stone was absolutely right, but, for example,
testimony was heard earlier from Commissioner Gregory on how the Florida Pool
Group was affecting the ICC. He then
stated it was not just building officials.
He further stated more building officials from Florida should go to the
ICC and participate, but there should also be individuals from the industry so
it was retro and not just being handed down to the Commission.
Mr.
Blair stated the Commission did also voted for a letter of support, as
requested by BOAF, to local jurisdictions who participate in the process.
Mr.
Blair stated the Accessibility Code Workgroup meeting scheduled for 1:00pm
would take place at 4:00pm.
GENERAL PUBLIC COMMENT
No public comment.
ADJOURN
3:35 p.m. adjourned.