STATE OF FLORIDA

DEPARTMENT OF COMMUNITY AFFAIRS

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

BOARD MEETING

OF THE

FLORIDA BUILDING COMMISSION

PLENARY SESSION MINUTES

October 11, 2006

PENDING APPROVAL

The meeting of the Florida Building Commission was called to order by Chairman Raul Rodriguez at 8:31 a.m. on Wednesday, October 11, 2006, at the Embassy Suites Hotel, Tampa , Florida .

COMMISSIONERS PRESENT:

COMMISSIONERS ABSENT:

OTHERS PRESENT:

Rick Dixon, FBC Executive Director

Ila Jones, DCA Prog. Administrator

Jim Richmond, DCA Legal Advisor

Jeff Blair, FCRC

Mo Madani, Technical Services Manager

WELCOME

Chairman Rodriguez welcomed the Commission and gallery to the October 2006 plenary session of the Florida Building Commission. He announced the passing of Accessibility Advisory Council member Johnny Long. Chairman Rodriguez extended sincere condolences on behalf of the Commission to Mr. Long's family. He then directed the Commission to Ms. Smith for a presentation to his family and to the Paralyzed Veterans of Florida in recognition of Mr. Long's service to the citizens of Florida on the Florida Building Commission Accessibility Advisory Council from January 2001 through August 2006.

REVIEW AND APPROVE AGENDA

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

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

REVIEW AND APPROVE AUGUST 22, 2006 MEETING MINUTES AND FACILITATOR'S REPORTS

Chairman Rodriguez called for approval of the minutes and facilitator's reports from the August 2006 Commission meeting.

Commissioner Wiggins moved approval of the August Commission meeting minutes. Commissioner D'Andrea 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 appointment of an AdHoc Committee to consider committee organization and process issues. He stated the Commission has been using workgroups successfully to build consensus. He continued stating as a result of the workgroups there has been an overlap in participation of staff as well as meeting times. Chairman Rodriguez announced the following Commissioners would be serving on the committee: Commissioner Browdy; Commissioner D'Andrea; Commissioner Kim; Commissioner Greiner; and Commissioner Wiggins. Chairman Rodriguez then announced the following changes to other committees: Window Labeling Workgroup – John McFee will replace Mark Daniels; Special Occupancy TAC – Bob Vincent will replace Bob Foster; Fire TAC – Joe Holland will replace Walter Smith; Building Code Process Review Work Group – Commissioner Gonzalez was added to participate.

Chairman Rodriguez next addressed the Code effective date stating the Commission's adopted glitch amendments will become effective December 8, 2006, which is 7 days later than previously approved. Commissioner Greiner entered a motion to ratify the effective date. He added the Panhandle Windborne Debris Region designation will become effective March 8, 2007, which will be six months following Code adoption as required. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Chairman Rodriguez announced printed replacement pages, the 2006 Supplement to the 2004 Florida Building Code will be available for purchase from ICC after October 27, 2006.

Chairman Rodriguez concluded his comments with a message to the Commissioners concerning the consensus building process as it relates specifically to the Panhandle Windborne Debris Region designation. He stated the process was certainly heart wrenching beginning in the panhandle, moving on to Hollywood , with the climax finally in Miami . Chairman Rodriguez expressed great appreciation to the Commission for being able to serve on the Commission and commended the Commissioners regarding the processes. He continued stating there has not been a more divisive issue as the Panhandle Windborne Debris Region designation and explained it is important for everyone to make meaning out of experience. Chairman Rodriguez stated the experience was uncomfortable noting each Commissioner should be proud to live in a country where such a process can take place. He extended appreciation to the Commission for their courteous attitudes through the process. Chairman Rodriguez then reported there had been a meeting held with the Governor in Miami where the Governor confirmed his support for the Florida Building Commission. He stated there may be a special session called where more may be heard concerning the issue.

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 Carson moved approval of the updated Commission work plan as presented. Commissioner D'Andrea 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 J. R. Harding for consideration of the Accessibility Waiver Applications.

The Plaza Theatres, Orlando

Mr. Harding explained the petitioner's request for waiver as it was described in each Commissioner's files. He stated the issue related to waiving vertical accessibility to all rows of seats in a movie theater complex. He explained the Council's unanimous recommendation as follows: grant for the following, with 34 degrees the greatest sight lines; theaters 1 & 12; theaters 2 & 11; theaters 3 & 10H; theaters 4 & 9; theaters 5 & 8; theaters 6; and for theater 7.

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

Epic Theatre, St. Augustine

Mr. Harding explained the petitioner's request for waiver as it was described in each Commissioner's files. He stated the issue related to waiving vertical accessibility to all rows of seats in a movie theater complex. Mr. Harding explained Theaters 1, 2, 8, 9, 15 & 16 all have sight lines less than 30 degrees. He stated the applicant agreed to submit a chart detailing the seat requirements and lines of sight for each theater. Mr. Harding explained the Council's recommendation as follows: grant with the following conditions: theaters 1 & 16, 6 seats with sight lines of 28 degrees in the upper section and 31 degrees in the lower area; theater 2 & 15, 6 seats with 29 degree sight lines; theaters 8 & 9, 6 seats with 28 degree sight lines; theaters 3 and 14, 5 seats with 31 degree sight lines; theaters 7 & 10, 5 seats with 32 degree sight lines; theaters 4, 5, 6, 11, 12 & 13, the applicant agreed to reduce the sight lines from 35 degrees to 32 degrees.

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

Joint Military Leadership Center, University of South Florida, Tampa

Mr. Harding explained the petitioner's request for waiver as it was described in each Commissioner's files. He stated the issue related to vertical accessibility to all rows of seats in two lecture halls. Mr. Harding explained the Council's recommendation as follows: grant with the condition that all accessible seats be moved to the center four seats; that aisle seats have removable arm rests; and that accessible writing surfaces are provided.

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.

AMC Cypress Creek, Pasco County

Mr. Harding explained the petitioner's request for waiver as it was described in each Commissioner's files. He stated the issue related to vertical accessibility to all rows of seats in a movie complex. He explained the Council's recommendation as follows: approve, as the applicant agreed to add seats to meet the numbers required by the Florida Code and to reduce the line of sight to 30 degrees for all theatres.

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.

Ogrill and Asia Bar, Miami Beach

Mr. Harding explained the petitioner's request for waiver as it was described in each Commissioner's files. He stated the issue related to vertical accessibility to the second floor of a restaurant/lounge undergoing an alteration. He explained the Council's recommendation as follows: grant due to the disproportionate cost of providing access to the second floor; the applicant agreed to have 7 tables on the accessible level available to persons with disabilities including non-fixed chairs.

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

Theriaque Office Building, Tallahassee

Mr. Harding explained the petitioner's request for waiver as it was described in each Commissioner's files. He stated the issue related to vertical accessibility to all levels of an office building. He continued stating the building was undergoing a renovation to a structure that was originally a single family dwelling that had additions making several levels that are not fully accessible throughout the interior. Mr. Harding added the applicant stated the conference room is accessible if an attorney's office is located on an inaccessible location. He explained the Council's recommendation as follows: grant because of disproportionate cost, provided adequate signage is provided identifying parking, path of travel, location of accessible toilet and conference room.

Commissioner Gross moved approval of the Council's recommendation. Commissioner D'Andrea 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 presentation of entity approvals.

Commissioner Carson presented the POC recommendations for entity approval as follows:

PRI Construction Materials Technology - Testing Laboratory

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

Spec Testing, Inc. dba Specialized Testing – Testing Laboratory

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

Timber Products Testing, Inc. – Quality Assurance Entity

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

Spec Testing, Inc. dba Specialized Testing – Quality Assurance Entity

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

Mr. Blair then presented the products for approval as they appeared in the matrix provided to each Commissioner. Recommended approvals were presented in consent agenda format with conditional approvals, deferrals, and denials being considered individually. (See Florida Building Commission Product Approval Applications ) Note: Final Summary not available at time of minutes preparation.

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

Chairman Rodriguez stated during the July 2006 Commission meeting the Commission voted to initiate rule making for Rule 9B-70, Building Code Training Program. He continued stating during the August 2006 Commission meeting a rule development workshop was held where Commissioner Browdy read into the record the Education POC's recommendations followed by an opportunity for public comment. Chairman Rodriguez directed the Commission to Mr. Richmond who served as hearing officer.

Mr. Richmond opened the rule development workshop and called for comment.

Commissioner Browdy recommended beginning with public comment.

Mr. Richmond then stated there had been written comment received from BCIC, LLC, consisting of significant changes to the rule from how the text had been previously published. Mr. Richmond recommended accepting the written changes as submitted for presentation during the December Commission meeting when the proponent, Med Kopczynski, would be present to support his position.

Commissioner Norkunas offered comment expressing appreciation to Commissioner Browdy and the Education POC for allowing his comments. He stated he had participated in the Education Outreach Council and found it to be ineffective. He offered support for the Education POC and recommended consistent training relating to accessibility issues to establish consistency throughout the state concerning the requirements and the enforcement of those requirements.

Commissioner Bassett concurred with Commissioner Norkunas then stated he had recently been assigned an accessible room in a local hotel. He stated he found the bathroom very interesting in that there were 7 handrails, the sink was too low, and the toilet too low. Commissioner Bassett noted he was the proponent of the conflicts in terms of course accreditation and course delivery. He then addressed the length of time for start date and updating provisions of the code stating 90 days was not too long. He offered support for the time frames established and recommended the dates remain the same.

Mr. Richmond addressed Commissioner Bassett's concerns stating that in terms of the issue of accessibility courses, the Commission is limited in what can and cannot be required as it relates to accessibility education. He suggested there could be language drafted to require individuals to take an alternative secondary course in addition to the required core course.

Larry Schneider, Representing AIA of Florida

Mr. Schneider first reminded the Commission that education is generally not guided by the implementation of a new code, rather by the license renewal date. He then addressed the issue relating to the provider having 60 calendar days from the date the Code is adopted. He stated the date should not be tied to the Code adoption date, rather the Code effective date for Code changes.

Commissioner Bassett moved approval to proceed with rule adoption for Rule 9B-70. Commissioner Browdy 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:

Paul Macheske for Hunton Brady Architects Regarding the 2001 FBC, Mechanical, Section 501.5, Metal Exhaust Ducts

Mr. Richmond stated the Building Official's Association of Florida had issued their first binding interpretation concerning Paul Macheske and the Mechanical Code, Section 501.5, Metal Exhaust Ducts. He stated Section 501.5 does require metal exhaust ducts in the project. Mr. Richmond noted his comment was an “information only” item and the information was also available on the website.

Mr. Richmond then introduced Jeremy Anderson, a Florida State University extern, who presented the second hearings declaratory statements. Public comment was invited following each petition presentation.

Declaratory Statements:

Second Hearings-

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

Dismissed.

DCA06-DEC-160 by Kirk Grundhl, P.E., WTCA

Mr. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

Commissioner McCombs 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-162 by Clark M. Stranahan, C4 Architects

Mr. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

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

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

Mr. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

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. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

Commissioner Bassett stated the statement requires clarification concerning meeting the code efficiency table whether it needs to be upgraded to the current table.

Commissioner Wiggins noted clarification was necessary in Item #4 and added the word “required”. He then directed the Commission to page 3 and wordsmithed an additional item.

Commissioner Greiner moved approval of the POC recommendation as amended. Commissioner Wiggins seconded the motion. Vote to approve the motion was unanimous. Motion carried.

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

Mr. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

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

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

Mr. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

Commissioner Wiggins raised the issue of the two options not actually being options, rather requirements in the Code. Open discussion ensued concerning clarification for the two options.

Chairman Rodriguez offered clarifying language stating 7 3/4” should be the maximum height for risers with 9” the absolute minimum for treads.

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

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

Mr. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

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

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

Mr. Anderson presented the issues raised in the petition for declaratory statement as they appeared in each Commissioner's files. He then explained the POC recommendation in response to the petition and requested Commission action concerning the petition.

Michael Thompson, HPA Consulting Engineers, Inc.

Mr. Thompson asked if the declaratory statement was made available online.

Mr. Richmond responded stating the draft language was not available, however, the POC report with the decisions from the previous Commission meeting were available online.

Mr. Thompson then offered clarification stating the company is CHPA Consulting Engineers, Inc., not HPA. He then stated the address is also incorrect and should be 1051 Winderly Place, Suite 101, Maitland, Florida 32751.

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

First Hearings-

DCA06-DEC-188 by Kevin McGrath, P. E., Four Seasons Solar Products, LLC

Dismissed.

DCA06-DEC-189 by Bob Alligood, Ice House America, LLC

Dismissed.

DCA06-DEC-200 by Warren Schafer, P.E.

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

DCA06-DEC-201 by Warren Schafer, P.E.

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

DCA06-DEC-212 by Steve Munnell, Florida Roofing & Sheet Metal Association

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

Commissioner Schulte requested additional language be included in the statement as follows:

To Item 2 following “outside the HVHZ” add – According to R905.2.8.4, only step flashing is allowed. Then add to the end of the sentence – Continuous L-flashing is allowed in the Florida Building Code according to 1507.2.9.1

Mr. Richmond concurred, as did the makers of the motion.

DCA06-DEC-215 by Bruce Kaiser, Wind Tripper, Corporation

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 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.

DCA06-DEC-216 by Eddie Fischer

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 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.

DCA06-DEC-218 by Paul B. Dickson, CBO, City of Cape Coral

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 D'Andrea provided clarification stating the issue was discussed at length during the POC meeting and there were essentially two thought processes that resulted. He continued stating the first option was to consider the Florida Building Code as it relates to property line falling between the store and the rest of the buildings resulting in two property owners and the allowances for unlimited area based upon the 60' separation around the building and the buildings being fully sprinklered would not apply because the buildings were located on two lots, resulting in a vote to approve the declaratory statement. Commissioner D'Andrea then explained the second option as the project being considered one project, and based upon what was done at the local level, with both property owners being in agreement about the use of the property in terms of it being one building lot with the allowances for unlimited area and the 60' separation around the building creating two separate buildings, resulting in a vote to disapprove. He stated the issue could not be decided by vote.

Joe Belcher, JDB Code Services

Mr. Belcher offered comment stating the building official made a correct interpretation in that there are two lots and cannot be considered a single building. He continued stating the Florida Building Code and the IBC now allow the consideration of two or more buildings on the same lot as one building, no building across property lines. Mr. Belcher further stated if the declaratory statement is approved as stated it would be allowing the Code to be changed by development order at the local level. He then encouraged the Commission to support the action of the building official in this issue.

Mr. Richmond provided a point of clarification stating the building official was asking the question in this particular case and seeks the opinion of the Commission.

Bob Boyer, BOAF

Mr. Boyer offered support for Mr. Belcher's comments based on the Florida Building Code.

George Mazaruntanni, Representing North American Properties

Mr. Mazaruntanni expressed appreciation for Mr. Belcher's comments then stated the section of the Code to which he referred is Section 503. He stated it is his position, and position of the partners present representing the owners, Section 503 is inapplicable. Mr. Mazaruntanni stated the issue deals with one building and nowhere in the Florida Building Code does it state that a property line creates a separate building.

Mr. Richmond offered clarification concerning the issue stating the Code applies to how to build buildings, not where buildings may be built. He stated there is a definition in Chapter 202 of the Code that refers to a “building line” described as a “line that you shall not build across unless allowed by law.”

Commissioner Greiner referenced Section 503 of the Florida Building Code with specific attention to the comments stating “all buildings are subject to these limitations unless more specific Code provisions for the building type provide for a different height or area limitation. . .For instance Section 507 allows certain buildings to be unlimited in area due to lack of exposure, low hazard level construction type, the presence of fire safety systems, or a combination of these characteristics. Given these specific provisions Table 503 would not apply.” He then moved approval of POC recommendation. Commissioner D'Andrea entered a second to the motion.

Commissioner Gross added for years stores in malls have had separate ownership and have never dealt with property separation.

Commissioner D'Andrea concurred with Commissioner Greiner's comments also referencing Section 503 stating the intent of the Code is for the protection of one owner or tenant versus the other owner or tenant.

Commissioner Wiggins added the definition of building line in the Florida Building Code reads: the line established by law beyond which a building shall not extend except as specifically provided by law.

Commissioner Norkunas stated he did not fully understand the issue and asked how he might abstain from voting. It was decided a Commissioner may not abstain from voting except in cases where there is a conflict of interest, but may leave the room or be absent at the time of the vote.

Chairman Rodriguez called for a vote on the motion. Vote to approve the motion resulted in 19 supporting; 3 opposed. Motion carried.

DCA06-DEC-220 by Emil Veksenfeld, P.E.

No action required.

Reconsider DCA06-DEC-182

Commissioner Bassett moved to reconsider DCA06-DEC-182. Commissioner McCombs entered a second to the motion.

Commissioner Bassett then explained his concern stating he was uncomfortable with the direction of the discussion concerning the issue and stated if the declaratory statement remains as is, the test and balance agency will be required to go to every bedroom or other room door and take a pressure difference across it to ensure that the corridor is less positive than the room.

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

Commissioner Bassett then moved approval to send the issue back to the Mechanical TAC for further review. Commissioner Greiner entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Commissioner Bassett suggested the proponent be notified of the status change for the declaratory statement.

CONSIDER COMMITTEE REPORTS AND RECOMMENDATIONS:

Accessibility TAC

Commissioner Gross requested in the form of a motion Commission approval for a 2-hour training course on Accessibility. He stated a work group has been formed and will meet in November to review the course content. Commissioner D'Andrea entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Fire TAC

No commission action

Roofing TAC

No commission action

Structural TAC

No commission action

Education POC

Commissioner Browdy presented the following courses for Commission consideration and action:

Florida Building Code Advanced Training/Residential, JDB Code Services, Accreditor

Commissioner McCombs moved approval of the course. Commissioner Bassett entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

FBC Advanced Training for Plumbers, JDB Code Services, Accreditor

Commissioner Hamrick moved approval of the course subject to the changes suggested by Commissioner Hamrick. Commissioner D'Andrea entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

Advanced 2004 Florida Building Code Occupancy Egress Construction Type, Donna Kirby, Provider

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

Product Approval POC

Commissioner Carson presented in the form of a motion two action items for Commission consideration:

Two Revocations for failure to have active quality assurance:

FL 4709

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

FL 5850

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

Code Amendment Process Review Work Group

Mr. Blair presented the report from the Code Amendment Process Review Work Group. (See Code Amendment Process Review Work Group Report )

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

Shutter and Garage Door Labeling Work Group

Mr. Blair presented the report from the Shutter and Garage Door Labeling Work Group. (See Garage Door and Shutter Labeling Workgroup Report to the Florida Building Commission September 14, 2006 ).

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

Hurricane Research Advisory Committee

Chairman Rodriguez presented a brief review from the Hurricane Research Advisory Committee meeting which was held in August 2006.

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

STAFF REPORT ON TECHNICAL ASSISTANCE OPTIONS FOR THE FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION

Chairman Rodriguez stated as a result of the Commission's request for the Legislature to remove the Commission's authority to issue binding interpretations and declaratory statements concerning the Accessibility Code, the authority has been removed.

Mr. Dixon explained the way the authority was provided was changed with the implementation of the newest edition of the Florida Building Code with the question then becoming how would guidance concerning the Accessibility Code be provided to building officials throughout the state. He stated staff was authorized to provide technical assistance and BOAF had been contracted to provide technical assistance, but neither can provide what would be considered binding or nonbinding interpretations of the law or declaratory statements.

Commissioner Browdy suggested there be a mechanism in place for requesting then recording technical assistance provided for tracking purposes.

Mr. Richmond provided clarification stating technical assistance is leading someone to an answer rather than providing the answer. He stated the Commission has no rule authority for the provision of technical assistance with respect to the Accessibility Code.

Mr. Dixon added the majority of the Accessibility Code is the ADAAG with a minor portion Florida specific modifications. He stated an example of the type of technical assistance provided would be information passed along concerning how DOJ has handled a particular that came from the ADAAG.

Commissioner D'Andrea stated if staff is authorized to provide technical assistance then a definition of what that technical assistance would be needs to be provided. He continued stating DOJ has a technical assistance manual for Title III requirements concerning ADAAG, which appears to be more interpretation than technical assistance.

Commissioner Norkunas offered comment stating the issue is a very important one to the 3.5 million disabled Floridians. He stated the Americans with Disabilities Act is the only law that allows an American citizen to call DOJ and ask a question about the law. He added the Department of Justice places a disclaimer on any assistance provided in terms of the ADAG stating the assistance is not binding. Commissioner Norkunas continued stating the law should be changed so the Commission can provide interpretations or declaratory statements, charging BOAF to do it is merely “passing the buck.” He further stated binding opinions may be issued through the Accessibility TAC. Commissioner Norkunas then noted Florida is one of only five states in the U.S. that had their Accessibility Code certified by DOJ leaving 45 states building in violation of the ADAAG. He encouraged the Commission to take charge of whomever will be providing any binding opinions on the Accessibility Code.

FIRE CODE/BUILDING CODE CORRELATION FOR THE 2007 FLORIDA BUILDING CODE

Mr. Blair presented the report from the Joint Fire Code/Building Code TAC's met and reached consensus on the method to be used to resolve conflicts between the codes. He stated the Joint TAC accepted the definition of conflict as requirements that are mutually exclusive. Mr. Blair continued stating the council would hear “real world conflicts” between the two codes during their next meeting in December using the definition.

Commission members stated the Joint TAC should be reminded the Commission does not support the narrow definition used by the TAC and the facilitator was tasked with delivering the message.

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

SELECTION OF THE FOUNDATION CODES FOR THE 2007 FLORIDA BUILDING CODE

Chairman Rodriguez stated the adoption of the 2007 Florida Building Code will represent the second update and the third edition of the Florida Building Code. He continued stating the 2006 edition of the International Building Code was published in March of 2006 with the 2007 edition of the Florida Building Code scheduled to be implemented in October 2008. Chairman Rodriguez explained the next step in the process is to select the foundation codes for the 2007 edition of the Florida Building Codes.

Commissioner Greiner moved approval to adopt the 2006 family of International Codes, i.e.; residential, mechanical, etc., as the foundation codes for the 2007 edition of the Florida Building Codes. Commissioner D'Andrea entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

STATUS REPORT ON FLORIDA BOARD OF PROFESSIONAL ENGINEER'S PRACTICE OF ENGINEERING DESIGN OF ALUMINUM STRUCTURES

Chairman Rodriguez directed the Commission to Commission Kim for a report from the task group.

Commissioner Kim presented the report from the task group meeting which was held September 6, 2006, in Tallahassee. He stated the sole charge for the task group is the design of aluminum structures. He continued stating there were no formal recommendations made during the meeting and another meeting was scheduled for November 14, 2006, to be held in Tallahassee. Commissioner Kim reported two consensus items resulted from the September 6 meeting. He stated the first item was for any reference document or deemed to comply manual referenced in the Florida Building Code are outside the scope of the task group. He continued stating the second item is the need for site specific engineering in the design of aluminum structures.

DRAFT OUTLINE OF REPORT TO 2007 LEGISLATURE

Chairman Rodriguez directed the Commission to Mr. Blair for an outline of the issue included in the report. (See Facilitator's Summary of Issues for Inclusion in the 2007 Report to the Legislature .)

Mr. Blair conducted a review of the draft report.

Commissioner Browdy requested mandatory education requirements for Chapter 11, Accessibility, be included in the report.

Mr. Blair concurred then continued with this review.

Commissioner Carson requested specific issues discussed in the Product Approval POC meeting be included in the report, specifically the 11 or 12 items brought forth by Michael Ashworth.

Mr. Blair concurred stating Ms. Jones and Mr. Ashworth would be submitting additional items to be included in the report. He then continued with his review of the report.

Commissioner Gross raised the issue of duplicate provisions between the Florida Building Code and the Fire Code and requested an effort be made to include specific information concerning the two codes in the report.

Mr. Blair conducted a straw poll from the Commission concerning including the duplicate provisions issue in the report then stated more information concerning the issue would be covered during the December Commission meeting.

Commissioner Browdy stated the issue of the size for residential septic tanks is an issue that should be included in the report. He stated there are inconsistencies between the health department requirements and definitions and the Florida Building Code requirements and definitions. Commissioner Browdy explained the outline was included in the 2006 Report to the Legislature and should be transferred to the current report.

Commissioner D'Andrea moved approval of the facilitator's summary of issues for inclusion in the 2007 Report to the Legislature as modified. Commissioner Wiggins entered a second to the motion. Vote to approve the motion was unanimous. Motion carried.

REVIEW AND DISCUSS 2006 COMMISSION EFFECTIVENESS ASSESSMENT SURVEY RESULTS

Chairman Rodriguez directed the Commission to Mr. Blair for a review of the survey results.

Mr. Blair conducted a brief review of the effectiveness assessment survey results stating there were a variety of comments regarding the Chairman and his efforts.

COMMISSION MEMBER COMMENTS AND ISSUES

Commissioner Bassett offered comment stating he had attended the Engineering Society concerning the Energy Code and electrical issues. He stated Mr. Dixon's letter was sent out to the membership. He continued stating he would be submitting recommendations to the Energy TAC during their next meeting which would be presented before the Commission in December.

Commissioner Norkunas expressed great appreciation to Rick, Ila Mo and staff for their availability and readiness to provide answers to his questions and concerns.

GENERAL PUBLIC COMMENT

Window Work Group Member (Did not identify himself for the record)

This gentleman expressed his appreciation for the opportunity to participate in the activities and serve as part of the Window Labeling Work Group.

Jack Glenn, Florida Home Builders Association

Mr. Glenn offered comment concerning the Energy Code stating the Florida Solar Energy Center distributed a data test version of the software to cover the 2006 Glitch Cycle Code Changes, to include the minimum SEER elevation to 13. He stated when the software was tested on as-built houses the system fails. Mr. Glenn expressed concern that houses are being designed to be built after December 2006 and the software should be corrected.

REVIEW COMMITTEE ASSIGNMENTS AND ISSUES FOR THE DECEMBER 4, 5, & 6, 2006 COMMISSION MEETING

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

Commissioner Norkunas stated the Education POC is becoming more and more important and requested the Education POC not be scheduled at the same time as the Accessibility TAC.

ADJOURN

Chairman Rodriguez adjourned the Florida Building Commission meeting at 12:34 p.m.