FLORIDA BUILDING COMMISSION

WELCOME

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

REVIEW AND APPROVE AGENDA

Mr. Blair conducted a review of the meeting agenda as presented in each Commissioner’s files.

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

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

Chairman Rodriguez called for approval of the minutes and facilitator’s reports from the July 11, 2006 Commission meetings.

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

CHAIR’S DISCUSSION ISSUES AND RECOMMENDATIONS

Chairman Rodriguez first addressed the Commission’s annual assessment which is to be completed by each Commissioner. He stated the assessment survey was being distributed during the meeting and was also available on the Commission website. Chairman Rodriguez encouraged each Commissioner to complete the survey.

Chairman Rodriguez then addressed the Energy Code Workshop issue stating the Energy Code Transition Study Workshop would meet on September 14, 2006, and November 15, 2006 in Tampa to consider proposed amendments to the Florida Energy Code. He announced Steve Gooch, an insulation contractor, had been appointed to the work group.

Chairman Rodriguez stated the Garage Door and Shutter Labeling Work Group created as a result of a recommendation during the July Commission meeting, has been charged with developing recommendations regarding the labeling of garage doors and shutters. He continued stating the focus of the work group would be to provide building officials with information in a field useable format to ensure compliance of garage doors and shutters with the Florida Building Code. Chairman Rodriguez announced the following appointments to the work group: Joe Belcher; Bob Boyer; Jack Glenn; Herminio Gonzalez; Darius Grimes; Jeffrey Gross; Joe Hetzel; Do Kim; C.W. McNamara; Frank O’Neal; Mike Salmon; Siggi Valentine; and Dwight Wilkes. He stated the work group would meet in Tampa on September 14, 2006. Mr. Blair directed Commission members to the website for the agenda and directions to the meeting location.

Chairman Rodriguez addressed the joint DCA/DOH/DEP Coordination Project stating the project was created as an effort to coordinate building code issues between the agencies and establish a collaborative relationship between the agencies. He then called for Commission action to direct staff to discuss with the DOH and DEP the possibility of establishing a joint project to determine what can be done to enhance coordination and consistency between the two agencies programs, regulations, and the Florida Building Code.

Commissioner Wiggins moved approval to direct staff to contact DOH and DEP and follow through with discussions as described by Chairman Rodriguez. Commissioner McCombs entered a second to the motion. Vote to approve the motion was unanimous.

REVIEW AND UPDATE OF COMMISSION WORKPLAN

Mr. Dixon conducted a review of the updated Commission work plan as it appeared in each Commissioner’s files.

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

CONSIDER ACCESSIBILITY WAIVER APPLICATIONS

Chairman Rodriguez directed the Commission to Mary Katherine Smith for consideration of the Accessibility Waiver Applications.

City of Hialeah Fire Station 8, Hialeah

Ms. Smith explained the petitioner’s request for waiver as it was described in each Commissioner’s files. She stated the Council unanimously recommended granting the waiver.

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

River Town Boat House

Ms. Smith stated the application had been withdrawn at the request of the applicant.

No Commission action necessary.

American Heritage School

Ms. Smith explained the petition for waiver from accessibility as described in each Commissioner’s files. She stated the Council recommended granting the waiver with expression of concern that the bleacher seating was not well disbursed.

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

Carlos Chiu (UM)

Ms. Smith explained the petition for waiver from accessibility as described in each Commissioner’s files. She stated the Council recommended granting the waiver with the condition one of the accessible wheelchair locations on the fourth tier be moved to the second tier of seating.

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

Tallahassee Building Partnership

Ms. Smith explained the petition for waiver from accessibility as described in each Commissioner’s files. She stated the Council recommended granting the waiver with the condition the conference room on the first floor be permanently designated with signage to serve the occupants of the building.

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

The King’s Academy

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

Delano Hotel

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

320 Lincoln LLC

Ms. Smith explained the petition for waiver from accessibility as described in each Commissioner’s files. She stated the Council recommended granting the waiver for the south portion but the north portion be provided with some form of accessibility.

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

The Plaza Theaters

Ms. Smith stated the Council recommended deferral for the petition to permit additional time.

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

Epic Theatre

Ms. Smith stated the Council recommended deferral for the petition to permit additional time for redesign.

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

CONSIDER APPLICATIONS FOR PRODUCT AND ENTITY APPROVAL

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

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

Certified Testing Laboratory – Testing Laboratory

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

Certification Method

Recommended for Approval

Product #’s: 696-R1; 1512-R1; 1548-R1; 1551-R1; 1555-R1; 2075-R1; 2674-R1; 2804-R1; 2991-R1; 3504-R1; 3629-R1; ~~4129-R2~~; 5048-R1; 5055-R1; 5243-R1; 5388-R1; 5762-R1; 6055-R1; 6057-R1; 6058-R1; 6059-R1; 6061-R1; 6197-R1; 6233-R1; 6242-R1; 6588-R1; 6742; 6832; 6863; 6934; 7012-R1; 7051; 7114; 7123; 7149; 7154; 7171; 7183; 7188; 7194; 7204; 7208; 7211; 7219; 7220; 7223; 7224; 7225; 7226; 7228; 7233; 7237; 7240; 7250; 7251; 7255; 7272; 7277; 7278; 7286; 7289; 7293; 7294; 7297; 7298; 7299; 7302; 7304; 7307; 7309; 7311; 7313; 7314; 7318; 7319; 7322; 7330; 7332; 7333; 7354; 7355; 7356; 7357

Commissioner Kim requested 4129-R2 be pulled from the consent agenda.

Commissioner D’Andrea moved approval of the POC recommendation to approve the consent agenda as amended. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

4129-R2

Commissioner Kim announced a conflict and recused himself from voting.

Commissioner Wiggins moved approval of the POC recommendation. Commissioner D’Andrea entered a second to the motion. Vote to approve the motion was unanimous. Motion carried. (Commissioner Kim abstained.)

Recommended for Conditional Approval

1520-R1

Mr. Blair stated the POC recommended conditional approval with the condition the Certification Agency verifies compliance with 2004 FBC.

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

2127-R1

Mr. Blair stated the POC recommended conditional approval with the condition the testing standards on application are corrected.

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

5053-R1

Mr. Blair stated the POC recommended conditional approval with the condition AAMA NAFS-02 is added to the application.

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

5261-R1

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicates glazing may break and structure has to be designed as semi-enclosed structure.

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

7133

Mr. Blair stated the POC recommended conditional approval with the condition the applicant uploads more legible installation drawings.

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

7160

Mr. Blair stated the POC recommended conditional approval with the condition the applicant corrects testing standards.

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

7167

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicates for use outside HVHZ there is "No" product 7167.3.

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

7177

Mr. Blair stated the POC recommended conditional approval with the condition the applicant corrects ASTM E1886/1996 certification year; provides equivalency of standards; certifies structural load (AAMA 101); certifies size 60 X 60; provide sections of code for correct locations on application.

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

7180

Mr. Blair stated the POC recommended conditional approval with the condition the applicant removes information on 7180.1 because there is a single product.

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

7198

Mr. Blair stated the POC recommended conditional approval with the condition the extra model is removed; the HVHZ testing requirements be corrected; the applicant Indicates "Not for use in HVHZ"; installation instructions are corrected; validation of rational analysis be provided by a Professional Engineer.

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

7276

Mr. Blair stated the POC recommended conditional approval with the condition the applicant remove Miami-Dade County from drawings; and make sheets 2 and 3, detail D more legible.

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

6942

Mr. Blair stated the POC recommended conditional approval with the condition a Florida Professional Engineer or Registered Architect verifies installation instructions.

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

7351

Mr. Blair stated the POC recommended conditional approval with the condition a Florida Professional Engineer or Registered Architect verifies installation instructions.

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

7315

Mr. Blair stated the POC recommended conditional approval with the condition a Florida Professional Engineer or Registered Architect verifies installation instructions; and applicant provides a Test Report.

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

7321

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

Recommended for Deferral

2954-R1

Mr. Blair stated the POC recommended deferral based on the Certification Agency verifying compliance with 2004 FBC or applicant changes method to evaluation by Professional Engineer.

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

2955-R1

Mr. Blair stated the POC recommended deferral based on the Certification Agency verifying compliance with 2004 FBC or applicant changes method to evaluation by Professional Engineer.

2956-R1

Mr. Blair stated the POC recommended deferral based on the Certification Agency verifying compliance with 2004 FBC or applicant changes method to evaluation by Professional Engineer.

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

Evaluation by Engineer or Architect

Recommended for Approval

Product #’s: 393-R2; 2193-R1; 3896-R1; ~~4063-R2~~; 4216-R1; 4243-R1; 4800-R1; 5019-R1; 5999-R1; 6102-R2; 6136-R1; 6309-R1; 6424-R1; 6556; 6821; 6859; 6928; 7052; 7098; 7116; 7128; 7134; 7184; 7191; 7197; 7207; 7213; 7214; 7216; 7227; 7243; 7258; 7260; 7271; 7279; 7288; 7320; 7324; 7335; 7345; 7347

Commissioner Kim requested product # 4063-R2 be removed from the consent agenda.

4063-R2

Commissioner Kim stated he would abstain from voting due to a possible conflict.

Commissioner D’Andrea moved approval of the POC recommendation. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried. (Commissioner Kim abstained.)

Recommended for Conditional Approval

2181-R1

Mr. Blair stated the POC recommended conditional approval with the condition the applicant remove 2181.2; and indicate 240" height maximum on limits of use; also indicate glass separation or specify porosity or indicate structure to be designed as open structure; and, if DP is 60 psf remove reference to TAS 202 75 psf unless tested to 112.5 psf and cycled only to 60 psf.

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

3668-R1

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicates "Not for use in HVHZ" unless tested to TAS 202.; change category to Structural Components; Subcategory to Structural Wall.

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

6787

Mr. Blair stated the POC recommended conditional approval with the condition the applicant indicate on limits of use "This approval is not for use as a roof deck"; and submit hardcopy of evaluation report signed and sealed by evaluator.

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

6992

Mr. Blair stated the POC recommended conditional approval with the condition the applicant correct standards of reference, i.e., ANSI/AAMA/NWWDA 101/I.S.2/A440-05 is not an adopted standard; provide equivalency of standards; remove products with higher pressures than tested.

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

7186

Mr. Blair stated the POC recommended conditional approval with the condition the applicant provide compliance with ASTM-D 1929 as required for HVHZ.

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

7215

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

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

7241

Mr. Blair stated the POC recommended conditional approval with the condition the evaluation reports are corrected to reflect the correct testing standard; plastic not tested for outdoor exposure in accordance with ASTM G155 and ASTM D2565, provide equivalency of standards; ASTM D638 is not an adopted standard.

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

7292

Mr. Blair stated the POC recommended conditional approval with the condition the category is changed to Structural Components; Subcategory to Structural Wall.

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

7296

Mr. Blair stated the POC recommended conditional approval with the condition the evaluation report is corrected to provide verifiable evidence of testing in accordance with TAS 100(A).

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

7300

Mr. Blair stated the POC recommended conditional approval with the condition the applicants submit hardcopy of evaluation report signed and sealed by evaluator; validator is not an approved validation entity.

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

7343

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

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

7344

Mr. Blair stated the POC recommended conditional approval with the condition the applicants submit a hardcopy of evaluation report signed and sealed by evaluator; remove Polycarb Storm Profile from installation drawings; make corrections to test report, does not indicate yield stress of aluminum; and correct product 7344.2, has same evaluation as 7344.1 and model is steel and evaluation is aluminum.

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

7350

Mr. Blair stated the POC recommended conditional approval with the condition the applicant change subcategory to "Products Introduced as a Result of New Technology"; correct table uploaded, shows deflection over 80; add a note that when used in HVHZ, be aware of this limitation.

Commissioner D’Andrea moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried. (Commissioner Kim abstained due to possible conflict of interest.)

Recommended for Denial

7132

Mr. Blair stated the POC recommended denial for the following reasons: ASTM 196-06 and ASTM 72-05 are not adopted standards in the 2004 FBC; the models on the application are not referenced on the evaluation report; there is no verifiable evidence of testing or rational analysis; where the building code references testing standards they can not be substituted by rational analysis; reference to Windows but no verifiable evidence for windows.

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

Evaluation by Test Report

Recommended for Approval

Product #’s: 1269-R1; 6833; 7173; 7235; 7236; 7249; ~~7252~~; 7254; 7261; 7267; 7274; 7295

Commissioner Kim requested product # 7252 be removed from the consent agenda for discussion.

7252

Commissioner Kim stated he may have a conflict of interest and recused himself from voting.

Recommended for Conditional Approval

6203-R1

Mr. Blair stated the POC recommended conditional approval based on findings the product did not fully comply with HVHZ testing requirements; applicant to indicate "No" for use in HVHZ; also on limits of use indicate "To be used as a component of an approved assembly."

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

7124

Mr. Blair stated the POC recommended conditional approval with the condition the attachment to structure on installation instructions are corrected; installation instruction hardware not exactly as tested and should be corrected.

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

7341

Mr. Blair stated the POC recommended conditional approval with the condition the applicant change method to evaluation report by PE; the installations instructions cover conditions other than tested that need rational analysis; requires TAS 201, 202, 203 for HVHZ, and 3 panels required to be tested.

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

7352

Commissioner D’Andrea moved approval of the POC recommendation. Commissioner Wiggins entered a second to the motion. Vote to approve the motion resulted in 1 opposed (Bassett). Motion carried.

Recommended for Denial

6610

Mr. Blair stated the POC recommended denial based on the product being tested for TAS 112 only (physical properties); remove other standards; product was not tested for any performance; installation instructions shall be uploaded with pages in order.

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

6652

Mr. Blair stated the POC recommended denial based on findings the product did not comply with conditions of Deferral: Certificate of Independence is not from testing laboratory; not validated by an approved validation entity; no indication of compliance with ASTM E1300; installation instructions do not indicate attachment to structure; indicate "No" for use within HVHZ.

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

6956

Mr. Blair stated the POC recommended denial based on the following findings: the product did not comply with conditions of deferral: test report does not indicate glass thickness or attachment to substrate; installation instructions do not indicate attachment to structure.

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

6958

Mr. Blair stated the POC recommended denial based on the following findings: did not comply with conditions of deferral: test report does not indicate glass thickness or attachment to substrate; installation instructions do not indicate attachment to structure.

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

6959

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

Evaluation by Evaluation Entity

Recommended for Approval

Product #’s: 1392-R1; 1644-R1; 1645-R1; 7162; 7229; 7263

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

CONSIDER COMMITTEE REPORTS AND RECOMMENDATIONS:

Accessibility TAC

Commissioner Gross presented the report and recommendations from the meeting of the Accessibility Technical Advisory Committee. (See Florida Building Commission, Accessibility TAC, August 21, 2006.)

Commissioner Wiggins moved approval of the report. Commissioner D’Andrea entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Browdy stated that when the decision was made to exclude interpretations relating to accessibility he, as the maker of the motion for the exclusion, did not intend to create inefficiencies in enforcement of the Accessibility Code. Commissioner Browdy recommended the Commission consider a rule change relating to the issue. He suggested dialogue between the Accessibility TAC and the Accessibility Advisory Council in order for issues to be dealt with and between the two groups, opinions could be generated to assist in the enforcement at the local levels, while providing the general public the expertise of the two bodies.

Mr. Dixon suggested the rule change recommended by Commissioner Browdy be researched further to ensure the Commission has statutory authority to entertain the action. He advised the Commission there have been discussions with BOAF, who is contracted by the Commission to enter nonbinding opinions in Code related matters, that they can continue to provide technical assistance on matters relating to accessibility to building departments. Mr. Dixon stated Commissioner Browdy’s proposal could be researched by staff and information brought back to the Commission for review, consideration, and possible action during the next Commission meeting.

Commissioner Greiner offered comment stating the issue may be simply a terminology clarification. He stated if the Commission or TAC is not authorized to provide interpretations relating to accessibility, perhaps the terminology could be revised to more accurately phrase a process the Commission would have the authority to provide.

Mr. Dixon offered clarification stating the law is clear regarding what BOAF is authorized to do in terms of interpretations, including non-binding opinions. He continued stating BOAF will be expanding its role in providing assistance through binding and non-binding interpretations, as well as providing telephone technical assistance relating to the Florida Building Code.

Commissioner Norkunas stated binding opinions are a necessary part of the Commission’s role. He continued stating the public is reaching out to obtain more information concerning accessibility requirements. Commissioner Norkunas further stated he has issued binding opinions both in Florida and California, however, they were termed declaratory statements. He noted there were others who would be authorized to provide such opinions and it could result in fewer lawsuits being filed relating to the rights of disabled individuals. Commissioner Norkunas stressed the need for uniformity throughout the state in terms of interpretation of accessibility requirements.

Commissioner Gross moved approval for staff and legal counsel to investigate the rule change possibility proposed by Commissioner Browdy. Commissioner Browdy entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

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

Electrical TAC

Commissioner McCombs presented the report from the Electrical TAC meeting. (See Electrical TAC Minutes August 21, 2006.)

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

Energy TAC

Commissioner Greiner presented the report of the Energy TAC meeting. (See Energy TAC Minutes August 21, 2006.)

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

Fire TAC

Commissioner D’Andrea presented the report of the Fire TAC meeting. (See Fire TAC Minutes August 21, 2006.)

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

Plumbing / Roofing TAC

Commissioner Vann presented the reports of the Plumbing TAC and the Roofing TAC. He noted there was not a quorum present for the Plumbing TAC then presented the Roofing TAC report. (See Roofing TAC Minutes August 21, 2006.)

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

Structural TAC

Commissioner Kim presented the report of the Structural TAC meeting. (See Structural TAC Minutes August 21, 2006.)

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

Mechanical TAC

Commissioner Bassett presented the report of the Mechanical TAC meeting. (See Mechanical TAC Minutes August 21, 2006.)

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

BREAK

Chairman Rodriguez called for a 10-minute break at 9:35 a.m.

RULE ADOPTION HEARING ON RULE 9B-3.047, FLORIDA BUILDING CODE (IF REQUESTED)

Chairman Rodriguez stated that during the May Commission meeting a rule development workshop was conducted to consider and decide on the TAC’s recommendations for glitch amendments. Chairman Rodriguez further stated that during the supplemental rule workshop at the special June Commission meeting, a windborne debris region designation was adopted for the Florida panhandle for inclusion in the 2006 Florida Building Code glitch cycle. He added during the July 2006 Commission meeting a second supplemental rule development workshop was held where public comment was heard and it was unanimously approved to proceed with rule development for Rule 9B-3.047, The Florida Building Code Rule, integrating and noticing the approved changes.

Chairman Rodriguez then stated a rule adoption hearing is being held upon request in order to solicit additional public comment concerning the glitch cycle code amendments. The Commission will then decide on proceeding -with rule adoption for the code amendments. He noted the implementation date for the code amendments is December 1, 2006, and if there are additional changes made to the package of approved glitch code amendments during the rule development hearing, the code adoption schedule would require modification and the implementation date would need to be revised to reflect the additional time requirements for noticing proposed changes. Chairman Rodriguez then directed the Commission to Mr. Richmond to serve as hearing officer.

Mr. Richmond called the rule adoption hearing to order.

Mr. Blair explained the procedures involved in the rule adoption hearing process. He then called for public comment.

Jack Glenn, Florida Home Builders Association

Mr. Glenn offered comment by reading a letter that appeared in The Orlando Sentinel and in The Miami Herald.

“When Governor Bush addressed Florida citizens in his state of the state address, he said that it’s time we base building codes on science, not politics. As the Florida Building Commission prepares to finalize the building code changes at its meeting on Tuesday, I encourage the Commission to heed Bush’s words. Building code variances in a relatively small area of the panhandle are not to blame for Central Florida’s lack of available or affordable property insurance. Yes, there was a time when Florida’s building codes were not adequate, but since Andrew there have been dramatic improvements. Today’s building code is one of the strongest in the country. Homes built on the new code that experienced Hurricane Charley and Ivan performed as they were designed. Lives were saved, property damage was minimized. FEMA praised Florida’s code for reducing the overall amount of damage. But to make sure the code is as strong as it should be, the Commission engaged the country’s best scientific minds to evaluate its strengths. This scientific review was supported by the governor, the insurance industry, and the home building industry, and all agreed to accept the results. Nationally recognized Applied Research Associates, of North Carolina, conducted a variety of tests and situations to determine if the code should be stronger in Florida’s panhandle and performed a cost benefit analysis. ARA’s study concluded that the panhandle’s elevations and highly forested terrain reduced the windborne debris risk, a characteristic quite different from Central and South Florida. To further support ARA’s conclusions, post Hurricane Ivan investigations showed no evidence of damage attributable to code variations in the panhandle. ARA also concluded that there is no long term cost benefit for structures if the building code is fortified at such a high level. With the specific data in hand and to err on the side of caution, the Commission earlier this summer designated the panhandle windborne debris protection region to withstand 130 mph or greater. This designation is stronger than ever before, requires additional hurricane protection on new home construction. The Commission is posed to ratify that vote today. With these changes, Florida building code will be even stronger, but it doesn’t satisfy those in favor of even stiffer restrictions. Frankly, I don’t understand the insurance industry’s position, especially when all, including the Florida Department of Community Affairs, agreed that scientific review would provide unbiased research and recommendations. The insurance industry wants the Commission to go against the governor’s words of basing the code on science. We support the Commission and its deliberations to adopt a building code that is based on science not politics.” Lynn Tocka, President, Florida Home Builders Association

Thaddeus J. Cohen, Secretary of the Florida Department of Community Affairs

Secretary Cohen offered comment first expressing appreciation for the opportunity to speak about he windborne debris designation. He then commended the research conducted by ARA and stated the study revealed windborne debis is an issue but asked the question is whether or not terrain does or does not impact the ability for houses to withstand hurricanes. Secretary Cohen posed another question for Commission consideration; what does it cost communities? He stated in Escambia County it cost $13 million. He continued stating as he toured counties in Florida, some nearly went broke removing the debris from hurricanes of the past two years. Secretary Cohen further stated it cost four panhandle counties $312 million to remove what some feel is a minor issue. He cautioned the Commission 14.7 million cubic yards of debris remains in at least four counties for imminent multiple storms, as well as multiple storm seasons, which is not reflected in the wind tunnel testing conducted by ARA. Secretary Cohen stressed the importance of windborne debris as a major issue for consideration in the Commission’s final decision. He acknowledged ARA’s methodology was extensive, academic, and scientific, and was outstanding in terms of simulated wind environments in simulated subdivisions with simulated home designs. He stressed the word simulated and posed whether homeowners in the panhandle would know whether or not they were in a light treed environment or a medium treed environment when a storm is approaching, and who would advise them of such. He posed whether the homeowner would know their building type according to the six types described by ARA’s study. Secretary Cohen then conducted a review of the terrain and home types and the percentages for risk as described by ARA. He then explained that the most beneficial solution to the entire state of Florida would be to implement a windborne debris designation that considers both windspeed and terrain, which would be 120 mph rather than 130 mph as previously decided. Secretary Cohen noted the providers of the study indicated more research would be necessary to provide a final analysis and cautioned the Commission on basing their decision on incomplete data. He also noted the cost to the homeowner for protection would be minimal if plywood was the protection of choice. Secretary Cohen then added the state has created a fund of $250 million, with another $100 million from Urban Planning and Development, to assist Florida residents in fortifying their homes for greater hurricane protection through ensuring their homes meet the code requirements mandated elsewhere in the state. He stated the windborne debris designation for the Florida panhandle should be based on windspeed only, just as it is elsewhere in the state. Secretary Cohen commended the Florida Building Commission for their great work and volunteer efforts for safer home in the state of Florida and encouraged the Commission to establish a statewide baseline for windspeeds by adopting the 120 mph designation.

Jeff Burton, Building Code Manager, Institute for Building and Home Safety, Tampa

Mr. Burton stated IBHS is a nonprofit organization funded by the insurance industry. Mr. Burton explained his position stating he travels around the country promoting building codes and their enforcement. He stated he travels from Texas to New York evaluating wind resistant construction and codes and has found Florida to be the best. He expressed pride in Florida’s codes and the enforcement of the codes, and in Florida’s builders, inspectors and all concerned in the development and enforcement of Florida’s codes. Mr. Burton reminded the Commission that throughout most of Florida, the 120 mph windspeed is the standard for windborne debris. He added in the panhandle, the windspeed is 130 mph in a region where there have been no major storms, but 55 out of 100 hurricanes effecting Florida have impacted the panhandle region. He emphasized more hurricanes have hit the panhandle region of the state than any other region in Florida over the last 150 years, according to NOAA, a national agency. He stated while the number of storms is high, the building requirements are the lowest in the state explaining it is not even required to build to internal pressures in the panhandle to avoid windborne debris. Mr. Burton continued stating it is just a matter of time before a major storm hits the panhandle and it would behoove the Commission to err on the side of discretion and safety and move to the position where the rest of the state of Florida stands, and be prepared for the storm when it does hit.

Kevin McCarty, Insurance Commissioner for the State of Florida

Mr. McCarty expressed appreciation to the Commission for their work in making Florida the gold standard in terms of building codes. He stated he recently had the opportunity to travel with Governor Bush to the UK on a trade mission to bring more revenue to Florida and during their travels a representative from the Lloyd’s syndicate handed the governor a press release from a Florida newspaper addressing the exception in the windborne debris protection in North Florida. Mr. McCarty stated the Lloyd’s representative asked the governor perplexingly if the citizens of Florida really believe trees will stop the damage from hurricanes. He continued stating the issue deals with the reality of science while in the world of financial institutions, perception is reality. Mr. McCarty further stated Florida is a victim of international views on how the panhandle windborne debris designation is being handled. He explained the issue is not just a matter of science, nor just a matter of the cost of insurance, rather it is Florida’s view in the world. Mr. McCarty stressed Florida is facing an insurance crisis during a time when scientists are predicting a cycle of storms greater in frequency and severity than ever before in the history of the United States. He then stated he has been working with economic development councils and chambers of commerce across the state in the attempt to get new businesses to come to Florida and share in the economic development of the state. He warned that Florida is now in a position of keeping businesses from moving out of the state due to the cost, availability and the affordability of insurance. Mr. McCarty further described an event that has happened as a major commercial carrier in Florida has decided to reduce the amount of business being written in Florida. He stated the single criteria that determines whether or not they will write business in Florida is contingent on how well the structures are built and whether or not they are built to the stricter building codes. Mr. McCarty stated the Florida Building Commission is sending the wrong message to the financial institutions of the world. He cautioned the Commission if the loophole is not closed and the panhandle exception is not corrected, the residents of the panhandle may be condemned to being unable to find insurance coverage for their property. He stated since the exception was approved the panhandle counties have seen increases in their premiums up to 63%. Mr. McCarty continued stating Secretary Cohen referred to the “Fortify Florida” program where more than $250 million has been state appropriated to fortify and retrofit the homes in Florida. He asked the Florida Building Commission to be proactive in passing tougher building standards so that the homes currently being built will not need to be retrofitted or fortified in the future. Mr. McCarty concluded by stating last year Hurricane Katrina, a category 5 hurricane, was destined for the panhandle of Florida somewhere between Escambia and Franklin counties, precisely the counties having the lowest building requirements in the state. He continued stating fortunately for Florida, the storm veered further west. He posed to the Commission, had Hurricane Katrina not veered west and hit Florida’s panhandle, would the current issue still be discussed. Mr. McCarty implored the Commission to take the steps to minimize human suffering that would result when that tragedy occurs.

Leslie Chapman Henderson, Federal Alliance for Safe Homes, Vice-Chair for the Joint Legislative Insurance Task Force

Ms.Chapman Henderson thanked the Commission for revisiting issues in order to assure that every voice is heard and every point taken. She stated Secretary Cohen and Commissioner McCarty had touched on the financial consequences involved with the issue as well as the science involved in the issue. She continued stating she is joined in voice and in writing by Governor Bush who has requested that she bring to the Commission the governor’s direct request that the past decision involving the panhandle windborne debris designation be reversed. Ms. Chapman Henderson further stated the governor has requested that his letter be read into the record for historic purposes because the decision is an historic decision; one that will be revisited following the next “hit” when it arrives in the panhandle and the state is helping people put their lives back together. She read the letter as follows:

“Dear Members of the Florida Building Commission, Throughout the United Stated and much of the world, Florida is considered a leader in hurricane mitigation, preparedness, response, and recovery. We have earned that distinction through the creation of innovative programs and initiatives. All of our actions reflect our deep and ongoing commitment to instilling a culture of preparedness in our state. Even so, while the vast majority of our state benefited from the adoption of the best model building codes available, exemptions in the code kept panhandle citizens vulnerable to the damaging impacts of a hurricane. The panhandle has been fortunate that recent storms altered their course or dropped in wind intensity as they neared landfall. The Florida Legislature astutely realized that these near misses will not continue indefinitely. By removing the exemptions for the panhandle the Legislature sent a clear message to the Commission to contribute to our culture of preparedness by strengthening protections for windborne debris in the building code for the panhandle to protect all Floridians from the calamitous effects of both wind and water in future hurricanes. According to a recent study many residents of the panhandle are unaware that their building codes are lower than the rest of Florida and that they want the protection of the strongest building codes available. Before casting its final vote, the Commission should consider the views of those residents.

I am also concerned that the Commission is relying too much on the preliminary data from the first phase of a study on the effect of tree canopy on wind speeds in this area. In the study’s interim findings, researchers have suggested that tree canopy may be a factor, but cannot provide any definitive, scientifically supportable findings without extensive further study. Many variables exist regarding the age and health of the canopy, the impact of future development, and the question of tree weariness caused by past or future storms. According to the wind science experts, establishing a robust definition of tree canopy that can reliably account for all the variables is likely impossible. Those same experts also question the soundness of relying on one preliminary study which focuses so heavily on treed terrain and using it to contradict the body of work of the American Society of Civil Engineers, which uses wind design speeds, in this instance of 120 mph or greater. Adopting the ASCE standards for the panhandle region was included as one of the two scientifically supported options in this study. It was, however, billed in this study’s summary as possibly overly conservative. By not accounting for the effects of shielding the windborne debris risks, the study went on to state that the size of subdivisions, which in the panhandle are larger than those that were wind tunnel tested, raises major questions at implementing terrain dependent windborne debris criteria. Many tests are needed to develop the final criteria. Another important conclusion of the study stated that implementation of windborne debris criteria should consider both wind speed and terrain. Without standing steady in an analysis yet to be completed, and with the disagreement over the actual effects of tree canopy, it would seem reasonable and responsible to conservatively err on the side of caution and afford the citizens of the panhandle the more stringent protections until research and real world experience prove otherwise.

Additionally, the actions of the building commission will also have a substantial impact on property insurance affordability and availability. The weaker building codes now in effect in the panhandle are contributing to Florida’s insurance crisis, which is caused in large part by two back to back hurricane seasons where insured losses totaled $36 billion. Seeking re-insurance to back the direct property insurers is essential to stabilizing the market and ensuring that capital is dedicated to covering future storms. During a recent trade mission to England, representatives from Lloyds of London, an international re-insurance syndicate, expressed to me deep concerns regarding your last two votes on the building code in the panhandle. They suggested that the failure to enact the fully indicated ASCE definition is already adversely affecting insurance availability in the entire state of Florida. They cited clear evidence that the stronger the code, including the use of opening protection in areas defined as windborne debris regions, the better the structural performance. They indicated that they will only put their limited capital in markets that do all they can to prevent losses. The Commission’s vote will also effect future deficits and Citizens Property Insurance Corporation, and the Florida Hurricane Catastrophe Fund. Both entities have experienced shortfalls during the last two years. Bonds are used to repay those shortfalls and the bonds are repaid by assessments on all Floridians’ insurance policies. The assessments are coming on top of rate increases, and are unfairly impacting our most economically fragile citizens throughout the state. The Florida Legislature was so alarmed about the impact of the assessments that they provided a $715 million infusion to Citizens Property Insurance Corporation. The infusion only lessened, not eliminated, the assessments. The assessment issue rests on the issue of fairness. Homes built in the panhandle without opening protection are more likely to experience damage and result in a greater percentage of insurance claims than those built elsewhere in the state after a hurricane. It is unfair to homeowners outside the panhandle to bear the cost for building stronger homes and still having to pay assessments caused by lower standards.

Hurricane Katrina could have easily stayed on course to strike the panhandle. A future storm with an eyewall that stays intact like Camille in 1969 can deliver a devastating amount of windborne debris and with it the need for window protection. When that happens, all Floridians will bear the personal and economical costs of the increased damage that could have been prevented by having a broader use of opening protection. I ask you today to strongly consider my request to adopt the ASCE definitions in the Florida panhandle. By doing so, you will send an immediate message to the worldwide re-insurance community that Florida is indeed insurable. You will help relieve future potential assessments and you will increase the protection that we offer to our citizens through the culture of preparedness. ”

Mr. Blair opened for rebuttal from the proponents of the 130 mph designation. No one approached for comment.

Commissioner Norkunas offered comment posing if he had his granddaughter in his arms and was in the panhandle with a hurricane approaching, what would he want for their safety. He continued stating he is devastated by the Secretary of DCA and the Insurance Commissioner coming in and stating the Commission has made the wrong decision. He further stated he has learned the difference in the decision is in the distance from the coastline. Commissioner Norkunas then expressed support for the decision that will afford the greatest protection to the citizens of the Florida panhandle.

Commissioner Bassett stated many people know his position on the issue. He then reminded the Commission that six years ago it was being debated whether to have an ASCE-7 code adopted for the state unmodified, or whether there should be modifications. He continued stating at during that time he entered a motion that the ASCE-7 requirements be adopted by the Florida Building Code unmodified with the exception of the Florida panhandle, leaving the requirements up to those who lived there. Commissioner Bassett stated it was never his intent to slight any citizens of the panhandle. He continued stating ASCE-7 was adopted at that time unmodified throughout the state. He further stated following the adoption approval, the state Legislature reversed the action and modified the adoption, exempting the Florida panhandle from the requirements of ASCE-7. Commissioner Bassett explained since that time, the Legislature has reversed their own decision and has authorized the Florida Building Commission to consider and decide on the issue. He then entered a motion to change the windborne debris designation in the Florida panhandle to 120 mph windspeed. Commissioner McCombs entered a second to the motion.

Commissioner Kim stated he was not present for the Commission’s previous action concerning the issue and offered comment stating when the building code process was started many years ago the Commission was given the opportunity to provide the panhandle of Florida the same protection under ASCE-7 requirements as the rest of the state. He continued stating ASCE-7 and the I-codes are recognized around the world as the highest consensus standards. He expressed great respect for ARA and Drs. Vickers and Twisdale stating they each serve on the ASCE-7 windload committee. Commissioner Kim then stated there are two voices on the committee and in the past five years there have been thousands of homes built in the Florida panhandle without windborne debris protection and if the change is not made immediately there will be thousands more homes built without the protection afforded to the rest of Florida. He offered support for Commissioner Bassett’s motion and bring consistency with the national standards.

Commissioner Vann offered comment stating he takes great interest in tracking hurricanes using different models which are all developed by experts. He illustrated a variety of models that can be used for many different industries, all developed by experts and many not very accurate. Commissioner Vann stated models are merely educated guesses and in matters of life safety educated guesses should not be relied upon and he offered support for Commissioner Bassett’s motion.

Commissioner Gonzalez offered support for Commissioner Bassett’s motion stating he is in support of very strong codes. He then expressed concern regarding the Fortify Florida program and the money available for shuttering homes asking if the residents of the panhandle would be able to benefit from the program if protection is not required.

Ms. Chapman Henderson responded stating the program is designed to provide assistance to pre-Code homes regardless of their locations. She added it could cost the state more money in the future to bring homes up to stronger standards if the designation is not changed for the panhandle.

Commissioner Greiner offered comment stating he understands the reasoning behind wanting to go back to the 120 mph, which is where most everyone wanted to be prior to contracting for the study. He then asked if the Commission decides to change the designation to 120, is the matter still going to be further researched for future rulings.

Mr. Blair responded stating according to the Commission’s vote concerning future research, the study would still continue.

Commissioner Kim added the research would continue because it involves national standards and the question of defining terrain effects.

Commissioner Greiner stressed further research is necessary because ASCE-7 did not have available the information provided as a result of the first phase of the study.

Commissioner Wiggins concurred with Commissioner Greiner concerning the need for ongoing research. He then offered comment stating it is a perplexing matter particularly when Secretary Cohen, Commissioner McCarty, and Ms. Chapman Henderson speak on the matter. Commissioner Wiggins pointed out additional facts concerning the issue stating the Residential I-Codes do not require any windborne debris protection for the state of Florida because Florida is exempt from any windspeed line in the code. He further stated had it not been for the Florida Building Commission’s action there would be no windborne debris protection or design pressures required with the exception of the HVHZ in Broward and Dade counties. Commissioner Wiggins continued stating when the Florida Legislature authorized the Florida Building Commission to make a decision on the windborne debris designation for the Florida panhandle they specified the decision be based on scientific data. He stated the recommendation has been made by ARA and the Commission has been asked to follow the recommendation of the provider of the research. Commissioner Wiggins added to vary from the specific request of the Legislature is to succumb to political pressure. He challenged the Commission to make intelligent decisions based on the scientific research conducted for that purpose. Commissioner Wiggins further stated he had spoken with members of the ASCE wind committee and the windspeed lines derived were established on a basis that was not scientific in nature. He then offered support for the Commission’s previous action concerning the issue and stated he would encourage further research and investigation regarding the issue.

Commissioner McCombs stated the debate of the ASCE-7 wind zones has been ongoing and were not based on science and may not be correct. He continued stating the Commission heard all the building officials in the panhandle testify there was no damage from windborne debris in the region. Commissioner McCombs then stated if the scientific research supported the 120 mph designation the Commission would correct the decision. He then expressed support for the Commission’s previous action to designate the windborne debris region of the panhandle to 130 mph.

Commissioner Carson concurred with Commissioner McCombs then stated he lives and works in the panhandle in the building industry and has been quoted in the media and not once has any resident of the Florida panhandle said to him the Commission is making a mistake.

Commissioner Sanidas expressed support for the entire state being designated at one windspeed. He encouraged the Commission to “bite the bullet” and give the residents of the panhandle the protection they need.

Commissioner Schulte offered comment stating he keeps hearing “give the people some protection” and was supportive initially of the 130 mph windborne debris designation. He continued stating he is from South Florida and understands population density issues. He further stated, however, he had no specific knowledge of the population density in the panhandle region specific to the area between the two windspeed lines. He asked if anyone on the Commission could offer clarification.

Chairman Rodriguez responded stating the panhandle counties provided information stating 85% of their new construction is in areas falling in the 130 mph designation and within 1,500 feet of the coastline as their base. He then expressed appreciation for the time and interest of all interested parties stating a consensus building process is sometimes a slow process. He stated on behalf of the Commission members their belief in the mission is more important than any single member’s beliefs. Chairman Rodriguez stressed there is no difference in the representation of the public between paid agency representatives and the tireless volunteer efforts of the Commission members. He further stated each Commission member has served on the Commission at great personal cost and could not have served for any other reason than that they believe in the mission. Chairman Rodriguez expressed great pride in the degree of civility with which each of the Commission members and other interested parties conducts themselves. He continued stating he had been dismayed at some of the characterizations that have been made in the public and in the media regarding the Commission and reminded listeners that it was the Florida Building Commission who first implemented one windspeed for the entire state of Florida and that it was the Legislature who reversed the decision. Chairman Rodriguez then stated it was the Legislature who gave it back to the Florida Building Commission not to strengthen the designation again, but to base a decision on scientific data and recommendation. He posed what the discussion might be like if there were no insurance industry then stated the fact of the matter is there is a course of higher resolve, but the Legislature has charged the Commission with a course of action, the Commission has spent $250,000 on scientific data concerning the matter, and now must make a groundbreaking decision on the issue based on scientific data that has not been available before. Chairman Rodriguez stated there may be those who do not agree with the results of the research which is totally within the bounds of acceptability. He requested interested parties show the Commission some respect for their diversity and their ability to continue the process through difficult issues and in good faith through a collegial, and very serious process. He added there may be mistakes made along the way because the Commission is not perfect. He extended great respect and appreciation for all the industry representatives who presented their opinions concerning the issue and specifically thanked Secretary Cohen and Commissioner McCarty for their commendations to the Florida Building Commission and its work.

Chairman Rodriguez then called for a vote on the motion. The vote resulted in 9 supporting (Do Kim, Jon Hamrick, Peter Tagliarini, Gary Griffin, Christ Sanidas, Herminio Gonzalez, Randall Vann, Bill Norkunas, Steve Bassett); 11 opposing (Raul L. Rodriguez, Nicholas D’Andrea, Richard Browdy, George Wiggins, Hamid Bahadori, Michael McCombs, Nanette Dean, Chris Schulte, Dale Greiner, Jeffrey Gross, Ed Carson). Motion failed.

Commissioner Bassett requested that the votes be recorded by name reflecting the vote of each Commission member.

Eric Stafford, Institute for Business & Home Safety

1609.4 and R301.2.1.4 Editorial clarification regarding proposed language for Exposure C.

Mr. Stafford stated his modification simply clarifies the language concerning terrain types for Exposure C definition and clarifies where it applies.

Tom Whortenberg

1435 fire alarm initiating devices at unenclosed landings

Mr. Whortenberg stated the proposal was to eliminate fire protection for elevators at unenclosed landings. He provided a letter stating the modification is against the requirements of the Fire Code (and many other codes) which requires alarm devices for all elevators and at all landings.

Glenn Clapper, Brick Southeast

1731

Mr. Clapper offered an editorial correction for Section 703.741 to change the “110 or is less than” to “110 and is less than.”

Mr. Blair conducted an overview of the modifications submitted for changes. (See Comments on the Draft 2006 Supplement to the 2004 Florida building Code August 22, 2006 file.)

Commissioner Greiner moved approval to proceed with rule adoption for Rule 9B-3.047, The Florida Building Code. Commissioner D’Andrea entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

BREAK

Chairman Rodriguez called for a 15-minute break at 11:24 a.m.

RULE DEVELOPMENT WORKSHOP ON RULE 9B-70, BUILDING CODE TRAINING PROGRAM

Chairman Rodriguez stated during the July meeting the Commission voted unanimously to initiate rulemaking for Rule 9B-70, Building Code Training Program. He stated the rule development workshop is the first step in the rule development process to implement enhancements to the building code education and training system. He then directed the Commission to Mr. Richmond who served as hearing officer.

Mr. Richmond opened the rule development workshop.

Commissioner Browdy presented a report relating to the Building Code Training Program from the Education Program Oversight Committee.

Mr. Richmond opened for a motion to proceed with publication of the POC recommendations in the form of draft rule language and to schedule a rule adoption hearing in October 2006.

Commissioner Browdy moved approval to proceed with publication as stated. Commissioner D’Andrea entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Product Approval POC

Commissioner Carson presented the report of the Product Approval Program Oversight Committee meeting. (See Product Approval Program Oversight Committee Minutes August 21, 2006.)

Committee Action For Self Affirmation – Application will remain in “Approved” status, notification is sent to manufacturer that we have approved their self affirmation but the original approval has specific deficiencies which need to be corrected. In addition we need to advise the manufacturer that they need to revise the application to make the necessary corrections by the second validation date from the time the notification from the administrator was received otherwise staff would recommend to the Commission at the next meeting that the product be revoked.

Commissioner Carson requested Commission action to correct an error for product approval for a self-affirmation with impending corrections to be made by the next Commission meeting or the approval will be revoked.

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

Committee Action for All other Applications – For revisions and normal applications, if there are deficiencies that are noticed in the application, the application will remain approved. We will advise the manufacturer that they need to revise the application to make necessary corrections. Otherwise staff will recommend at the next Commission meeting that the product be revoked.

Commissioner Carson explained the POC recommended if there are deficiencies in notices for the application following approval, the application remain approved and the applicant will be advised the application requires revision by the second validation date following notification; otherwise staff will recommend the product be revoked.

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

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

Education POC

Commissioner Browdy presented the report from the meeting of the Education Program Oversight Committee. (See Education POC Minutes August 21, 2006.)

Commissioner Browdy requested Commission action on the following items as recommended by the POC:

Approval of BCIS Courses #90, #89, and #75

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

Previous Approval of BCIS Courses #123 and #124 be Rescinded

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

Approval of BCIS Course Advanced 2004 FBC Bldg/Struc. Summary

Provider: Contractor's Educational Services

Accreditor: BCIC LLC

BCIS # 196

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

Approval of BCIS Course Advanced Code: Building/Struc. (Internet)

Provider: Nodorah Training Institute

Accreditor: Tanenbaum Construction, Inc.

BCIS # 194

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

Approval of BCIS Course 2004 Advanced Bldg./Structural

Provider: P. Paul Ridilla

Accreditor: BCIC LLC

Accredited: 7/18/2006

BCIS # - 193

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

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

PRODUCT APPROVAL VALIDATION WORK GROUP REPORT

Chairman Rodriguez directed the Commission to Mr. Blair for an overview of the work group’s recommendations.

Mr. Blair presented a report from the Product Approval Validation Work Group. (See PAVWG TAC Report)

Commissioner D’Andrea moved approval accept the work group’s recommendations regarding changes to the validation provisions of the product approval system as presented, and refer the recommendations to the Product Approval POC to begin the process to amend Rule 9B-72, Product Approval. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous.

BUILDING CODE AMENDMENT PROCESS REVIEW WORK GROUP REPORT

Mr. Blair conducted an overview of the recommendations of the work group. (See Code Work Group Recommendations)

Commissioner Wiggins moved approval to adopt the code amendment process; review the package of recommendations regarding the annual interim amendment and the expedited triennial code amendment processes. 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:

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

Declaratory Statements:

Second Hearings-

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

Mr. Richmond explained the issues presented in the petition for declaratory statement and the POC’s recommendations as they appeared in each Commissioner’s files.

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

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

Mr. Richmond explained the issues presented in the petition for declaratory statement and the POC’s recommendations as they appeared in each Commissioner’s files.

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

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

Mr. Richmond explained the issues presented in the petition for declaratory statement and the POC’s recommendations as they appeared in each Commissioner’s files.

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

First Hearing-

DCA06-DEC-153 by Kenneth E. Thorndyke, CBO, Panama City Beach

Mr. Richmond stated the issue had been taken by the local appeals board.

No Commission action required.

DCA06-DEC-160 by Kirk Grundhl PE, WTCA

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

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

DCA06-DEC-162 by Clark M. Stranahan, C4 Architecture

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

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

DCA06-DEC-174 by Emil Veksenfeld PE

Mr. Richmond explained the petition pertains primarily to the authority of Chapter 471 Florida Statutes, Rule 6G-15, Board of Professional Engineering Rule. He stated the Commission has no authority to interpret the statutes.

No Commission action required.

DCA06-DEC-175 by Clark M. Stranahan, C4 Architecture

Mr. Richmond presented the issues relating to the petition for declaratory statement as well as the POC response and recommendation as they appeared in each Commissioner’s files. Mr. Richmond then recommended the issue needed to be corrected and suggested the Commission revisit the issue for action.

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

DCA06-DEC-176 by Jeff Alloway, U.S. Air Conditioning

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

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

DCA06-DEC-179 by Michael P. Morris, CEO, Roll-A-Cover International

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

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

DCA06-DEC-180 by Gordon G. Lyle, R2 Self, Inc.

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

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

DCA06-DEC-181 by James S. Luke, PE, Rolf Jensen & Associates, Inc.

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

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

DCA06-DEC-182 by Michael Thompson, CHPA Consulting Engineers Inc.

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

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

FLORIDA BOARD OF PROFESSIONAL ENGINEERING POLICY DEVELOPMENT FOR ENGINEERING DESIGN PRACTICE OF ALUMINUM ENCLOSURES

Chairman Rodriguez stated the Board of Professional Engineers is considering how engineers should design and take responsibility for aluminum structures. He stated Commissioner Bassett had requested the discuss the issue under the context of developing criteria for master plan/prototype-like approvals. He then directed the Commission to Joe Belcher for discussion.

Mr. Belcher presented a letter from former Senator Fred Dudley to the Commission for review. He stated the Board of Professional Engineers has rescinded their order and are in rulemaking regarding the issue of master design documents. (See Letter from Fred R. Dudley, AkermanSenterfitt to the Florida Building Commission dated August 22, 2006.)

Mr. Belcher announced there would be a meeting on September 6, 2006, in Tallahassee and requested as many Commission members who could attend to please do so.

Mr. Charlotte, Florida Board of Professional Engineers

Mr. Charlotte stated he lives in South Florida and was asked to come to the meeting of the Commission to field comments and questions concerning the issue. He stated in April building officials from St. Lucie County appeared before the BOPE and made a presentation. He continued stating the devastation that occurred in St. Lucie County and Indian River County as a result of hurricanes was to aluminum structures. He explained the problems have surfaced as a result of misapplication of the location of association manuals and the board has proposed a rule to suspend the use of the association manuals with the effective date of the rule in June. Mr. Charlotte then stated he has requested that Do Kim be a voting member of the committee in order to provide Commission representation on the committee. He then encouraged the Florida Building Commission to see Dennis Grimm’s presentation, which lasts approximately 10 minutes.

Mr. Belcher added he had seen Mr. Grimm’s presentation and most of the damage in the presentation was from aluminum that was constructed without permits. He stated there were many failures during storms that were not design events and resolution does need to be sought. He then expressed support for Commissioner Kim’s participation on the committee.

COMMISSION MEMBER COMMENTS AND ISSUES

Commissioner Hamrick stated the Department of Education has developed a handbook with respect to educational facilities as they relate to the Florida Building Code. He then stated DOE is a paperless office and the only way to distribute the handbook is to offer the website: fldoe.org - educators educational facilities - hot topics - 2004 FBC Handbook.

Commissioner Greiner asked if staff could distribute the DOE information to all building officials throughout the state.

Mr. Dixon stated staff could provide a link to the website to the appropriate document from the FBC website.

Commissioner Gonzalez expressed appreciation to Arnold & Associates for the social venue they hosted. He stated it was a pleasure to have the opportunity to visit with all who were there.

GENERAL PUBLIC COMMENT

Mark Scalla, Structural Engineer, Broward County Board of Rules and Appeals

Mr. Scalla stated in the proposed 2006 amendment supplement the prescriptive windload criteria has been changed from 0 to 7 degrees and 7 to 27 degrees and 27 to 45 degrees for roof components and cladding to be consistent with ASCE-7.02. He continued stating he hadn’t seen the same changes made to the Residential Code.

Mr. Madani responded stating the requirements from the 2003 International Building Code had been brought into the Building Volume of the FBC but there were no changes to the International Residential Code.

Dennis Braddy,

Mr. Braddy applauded the Commission for their decision concerning the panhandle windborne debris issue. He stated for the last nine years he has been an advocate for the windborne debris regions across the state. He stated everyone compromises in reaching decisions concerning the Code and further stated the Commission took a tremendous action by taking a stance and waiting for further science.

Mike Morgan, Morgan Florida Real Estate Company, Stuart

Mr. Morgan stated he brought 14 inspection reports for buildings that have received Certificates of Occupancy from the Martin County, Palm Beach County, and St. Lucie County building departments. He continued stating the conclusion of the experts who have reviewed the reports was that all the homes had building code violations and defects when they received approval throughout the permitting and inspection process. Mr. Morgan stated there are many more examples of this issue. He stated in Martin County homes are being issued clean bills of health with little or no building inspections. He continued stating the building inspector in Martin County made a startling statement that the department conducted 8,000 roof inspections in 2005 with an average of 15 minutes for each inspection, including driving time. Mr. Morgan then stated he had received an email while waiting to speak the he would like to read into the record:

“I wish someone would have taken all the problems in the building industry seriously a long time ago. It may have saved my husband’s life and not left two children without a father. The youngest can now celebrate her birthday and her father’s death on the very same day. Lenar’s negligent construction has now caused a death and left a family to consider to suffer repercussions along with dealing with the death and losing our home all because my husband walked into their death trap. On September 20, 2005, my husband was hooking up a dryer vent and was electrocuted. Even though the power to the laundry room was shut off at the main electrical box. All of which has been documented on tape with OSHA showing that the home was wired in such a way that the entire home was electrified in such a way that there was 110 volts running through the screw of the medicine cabinet. Where were Lanar’s supervisors during the entire construction of these homes? The wires were not bundled, which Florida Code requires. The drywall was put over the wiring and the screws for the drywall pierced the wiring and the screws through the metal frame of the home, which caused the entire home to be electrified, and no one on site trying to save his life. Now I am a disabled mother left to raise two small children, and Lanar has taken no responsibility to date. Had someone responded to numerous complaints of serious building problems and put a stop to Lanar Homes building practices, my husband would not have been tragically killed. Electrocution is no way to die, as we know, as we have changed our way of taking the life of people who we deem through the law should die for their crimes. Rafael was not convicted of a crime, he was just trying to make a living and support his family. I intend to do everything I can to make sure that this is the first and last death Lanar is responsible for. ”

Mr. Morgan continued his comments stating he recently commented to Martin County Commissioners that if he took them back to the fifteen minutes per roof inspection, with five minutes to drive to the inspection; five minutes to drive away, there was about five minutes left for each inspection. Mr. Morgan further stated with the housing boom that has occurred in Florida, building inspectors have no time to competently inspect homes. He then read a quote from Jeff Burton, IBHS, “Florida had the best wind code there was in 1991 but if you don’t enforce it, it’s not worth the paper it’s written on.”

Chairman Rodriguez interjected the issues presented in Mr. Morgan’s comments appear to be Code enforcement issues, not building code issues and suggested Mr. Morgan present the issues to the local appeals board who would be responsible for enforcement issues.

Mr. Morgan stated he had written letters to every other agency and department he could possibly consider and is always redirected. He further stated the local level is doing nothing. He stated the local level has a building official with no building experience.

Commissioner Gonzalez offered comment stating if there is a complaint against a building inspector or enforcement official and there is no local appeals board, Florida Statute 468 directs one to the Building Code Administrators and Inspectors Board (BCAIB).

Commissioner McCombs added comment concerning the incident involving the electrocution due to the metal studs being energized stating the issue was brought before the Electrical TAC and then before the Commission and it was voted unanimously to add the corrective requirements to the modifications of the new Code for implementation.

Mr. Morgan asked if the change to the Code language from you “shall have audit procedures” to you “may have audit procedures” was revised by the Florida Building Commission.

Mr. Richmond explained it was a change to 553.571 of the Florida statutory provisions which is done by the Florida Legislature.

REVIEW COMMITTEE ASSIGNMENTS AND ISSUES FOR THE OCTOBER 9, 10, & 11, 2006 COMMISSION MEETING

Mr. Blair conducted a review of the committee assignments for the October Commission meeting.

ADJOURN

Chairman Rodriguez adjourned the Florida Building Commission meeting at 12:58 p.m.

DEPARTMENT OF COMMUNITY AFFAIRS

JEB BUSH THADDEUS D. COHEN