FLORIDA BUILDING COMMISSION

SUPPLEMENT TO THE OCTOBER 3, 2007 MINUTES

Overview of Commission’s Key Decisions

WEDNESDAY, OCTOBER 3, 2007

Welcome

Chairman Rodriguez welcomed the Commission, staff and the public Tampa and the October 2007 plenary session. The Chair noted that the primary focus of the October Commission meeting would be to receive status reports and make decisions on various legislative assignments, and to hear from DCA Secretary Pelham on the Governor’s Executive Order regarding the provisions of the Florida Energy Code.

Recognition of Retiring Commissioners

Chairman Rodriguez reported that 13 of 23 Commissioners terms were expired or soon to expire, and to date the Governor has made the following appointments:

Re-Appointments

Dick Browdy, representing the residential contractor position and serving since June of 1988, has been reappointed, and the Chair stated that on behalf of the Commission he was delighted to have Dick remaining with the Commission.

New-Appointments

Angel (Kiko) Franco has been appointed to serve in the architects position, and the Chair welcomed Angel to the Commission. Angel is a graduate from the University of Puerto Rico School of Architecture and owns A.T. Franco and Associates in Fort Lauderdale. Angel will be replacing Peter Tagliarini, who served on the Commission since November of 2003. The Chair welcomed Angel, and thanked Peter for his service.

Matthew Carlton has been appointed to serve in the general contractor position, and the Chair welcomed Matthew to the Commission. Mathew is a graduate of the University of Florida’s Rinker School of Construction and owner of Carlton Construction and Development in Green Cove Springs Florida. Matthew will be filling the position vacated by Steve Corn, whom was honored at a previous Commission meeting. The Chair welcomed Matthew, and once again thanked Steve Corn for his service.

Agenda Review and Approval

The Commission voted unanimously, 21 - 0 in favor, to approve the agenda for the October 3, 2007 meeting as presented. Following are the key agenda items approved for consideration:

Ø To Consider Regular Procedural Issues: Approval of the August 21, 2007 Minutes and Facilitator’s Summary Report.

Ø To Consider/Decide on Chair's Discussion Issues/Recommendations.

Ø To Consider the Governor’s Executive Order on Climate Change and Directive for the Florida Energy Code.

Ø To Review and Update the Workplan.

Ø To Consider/Decide on Accessibility Waiver Applications.

Ø To Consider/Decide on Legal Issues and Petitions for Declaratory Statements.

Ø To Hear an Update Report on Binding Interpretations.

Ø To Consider/Decide on Approvals and Revocations of Products and Product Approval Entities.

Ø To Consider/Decide on Accessibility, Energy, Fire, Roofing, and Structural Technical Advisory Committees (TAC’s) Report/Rec’s.

Ø To Consider/Decide on Product Approval/Prototype Buildings/Manufactured Buildings and Education Program Oversight Committee (POC’s) Reports/Recommendations.

Ø To Consider/Decide on Hurricane Research Advisory Committee Report/Rec’s.

Ø To Discuss and Decide on Coastal Code Plus Criteria.

Ø To Discuss and Decide on Green Building Website.

Ø To Hear an Update on the Code Administration Assessment Project.

Ø To Hear an Update on the Green Building Forum.

Ø To Conduct Supplemental Rule Adoption Hearing on Rule 9B-7.0042, Florida Accessibility Code.

Ø To Conduct Supplemental Rule Adoption Hearing on Rule 9B-72, Product Approval.

Ø To Consider Government in the Sunshine and Administrative Procedures.

Ø To Discuss Commissioner Issues.

Ø To Receive Public Comment.

Ø Commissioner Browdy: Legislative and Executive Directives and Commission Processes.

Ø To Review Committee Assignments and Issues for the Next Meeting—Dec. 10 – 12, 2007.

Review and Approval of the August 21, 2007 Meeting Minutes and Facilitator’s Summary Report

Motion—The Commission voted unanimously, 21 - 0 in favor, to approve the August 21, 2007 Minutes

as amended and Facilitator’s Summary Report as presented.

Amendment

Minutes: Rule 9B-3.0475 was a hearing and not a ~~workshop~~.

Chair’s Discussion Issues and Recommendations

A. Green Building Workgroup Appointments and Charge

Chairman Rodriguez noted that on Monday, October 1, 2007 the Commission convened a Green Building Forum in order to provide input to the Green Building Workgroup. The Green Building Workgroup will work with the Florida Solar Energy Center (FSEC) to develop recommendations for a model efficiency ordinance for residential development, and for developing and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green. The Workgroup will meet October 31, 2007 in Gainesville and November 28, 2007 in West Palm Beach. The Chair made the following appointments to serve on the Workgroup:

Florida Building Commission Dale Greiner

Florida Energy Commission Rob Vickers

Department of Community Affairs TBD

Building Officials Association of Florida Jim Schock

Florida Energy Office (DEP) Michael Ohlsen

Florida Home Builders Association Bob Sisum

Association of Counties Shannon Staub

League of Cities Jeff Allebach

Florida Solar Energy Center Rob Vieira

United States Department of Energy TBD

My Safe Florida Home Tami Torres

Water Management Districts Linda Burnette

Local Government Paul Radauskas

Legal Thomas Ankersen

Florida Solar Energy Research and Education Foundation Colleen Kettles

Product Manufacturer Tom Geriak

Wind Mitigation Workgroup

Chairman Rodriguez reported that at the August 2007 Commission meeting the Commission adopted Rule 9B-3.0475, Wind Mitigation retrofits, in order to comply with the 2007 Legislature’s direction for an October 1, 2007 implementation date. The Chair noted that during the rule development process the public identified numerous concerns with some of the Rule’s requirement including the roof to wall connection provisions. The Chair explained that he was appointing a Wind Mitigation Workgroup to develop recommendations to the Commission on the wind mitigation provisions for implementation during the glitch code amendment process. The Chair made the following appointments to serve on the Workgroup:

Commission/Roofing Chris Schulte

FRSA/Roofing Billy Cone

FRSA/Roofing Jim Carducci

Insurance Tim Reinhold

Insurance Eric Stafford

FHBA Richard Reynolds

Building Officials Bill Dumbaugh

Building Officials Jim Schock
B. Special Session Update

The Chair reported that the special session has been rescheduled for October 3 – 18, 2007, and to date explicitly limited to the State’s budget. The Chair noted that DCA has scheduled a Commission conference call as a contingency, for Monday, October 15, 2007 at 10:00 AM. The Commission will receive an update if there are any issues relevant to the Commission’s purview. The Chair explained that be Commissioners would be notified whether there will be a need for a conference call later next week.

Governor’s Executive Order on Climate Change and Directive for the Florida Energy Code

Chairman Rodriguez explained that the Governor issued Executive Order 07-127 establishing actions to reduce greenhouse gas emissions within Florida, and a component of the EO has an impact on the energy performance requirements of the Florida Energy Code. The Chair noted that DCA Secretary Tom Pelham was here to provide the Commission with direction from the Governor.

Secretary Pelham thanked the Commission for their leadership in improving Florida’s communities and the good working relationship between DCA and the Commission.

Secretary Pelham reported that Governor Crist has committed his Administration to

charting a new direction in energy policy in Florida. The Secretary stated that in Executive Order

07-127 the Governor made two statements that require immediate attention:

“Global climate change is one of the most important issues facing the State of Florida this

century” and

Immediate actions are available and required to reduce emissions of greenhouse gases within

Florida.”

The Executive Order directs the Department of Community Affairs and the Florida Building

Commission to work together to revise the Florida Energy Code for Building Construction to

increase the energy performance of new construction in Florida by at least 15 percent.

It also instructs DCA to initiate rulemaking on Florida appliance efficiency standards, with the

objective of increasing the efficiency of appliances by 15 percent. The Governor has charged

DCA and the Commission with accomplishing these tasks by 2009.

(Included as Attachment 5—Secretary’s Remarks to Commission)

Review and Update of Commission Workplan

Rick Dixon reviewed the updated workplan with the Commission and answered member’s questions.

Commission Actions:

Motion—The Commission voted unanimously, 21 - 0 in favor, to approve the updated workplan and meeting schedule as presented, to reflect the Commission’s priorities.

(Included as Attachment 2—Commission’s Updated Workplan)

Consideration of Accessibility Waiver Applications

The Commission reviewed and decided on the Waiver applications submitted for their consideration.

Consideration of Applications for Product and Entity Approval

Commissioner Carson presented the committee’s recommendations for entities and Jeff Blair

presented the committee’s recommendations for product approvals. The results of product and

entity applications are found in the Product Approval POC report included as an attachment to the

minutes.

Legal Issues

Petitions For Declaratory Statements

Following are the actions taken by the Commission on petitions for declaratory statements.

Binding Interpretations

Jim Richmond, Commission attorney, reported there were no new binding interpretations.

Second Hearings

DCA07-DEC-115 by Kelly Carman, PE, Leo A Daly

Motion—The Commission voted 17 – 0 in favor, to approve their previous action on the petition.

DCA07-DEC-116 by Jeffrey K. Hulsberg, PE, Hulsberg Engineering, Inc.

Motion—The Commission voted 17 – 0 in favor, to approve their previous action on the petition.

DCA07-DEC-141 by John Leedy, PE, Leedy Electric Corp.

Motion—The Commission voted 21 – 0 in favor, to approve their previous action on the petition.

DCA07-DEC-145 by Jode L. Barrows, JLB Drafting

Motion—The Commission voted 21 – 0 in favor, to approve their previous action on the petition.

DCA07-DEC-146 by Jode L. Barrows, JLB Drafting

Motion—The Commission voted 21 – 0 in favor, to approve their previous action on the petition.

First Hearings

DCA07-DEC-085 by Walter A. Tillit, Jr., PE, TilTeco Inc.

The Commission voted unanimously, 21 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-135 by Emil Veksenfeld, PE

No action, subject to dismissal.

DCA07-DEC-150 by Jose Saumell, Principal, MSA Architects, Inc.

No action, subject to referral to local board of adjustment and appeals.

DCA07-DEC-159 by William G. Graney, Jr., PE, KTD Consulting Engineers

The Commission voted unanimously, 21 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-163 by Wilton Lee, President, Lee Electrical Technologies, Inc.

Deferred for a binding interpretation.

DCA07-DEC-164 by Paul L. Osley, PE, Chastain-Skillman, Inc.

Deferred for consideration under the 2007 Florida Building Code.

DCA07-DEC-171 by Arlene Z. Stewart, Icynene

Withdrawn by the applicant.

DCA07-DEC-172 by Robert Cochell, Gulf Coast Air systems, Inc.

The Commission voted unanimously, 21 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-179 by Alan Fallik, Interim City Attorney, City of Hollywood, FL

The Commission voted unanimously, 21 – 0 in favor, to table action pending legal’s review of jurisdictional issues.

DCA07-DEC-180 by Michael Gong, PhD, TW Buildex.

Deferred for further review of status of the product in the Product Approval system.

DCA07-DEC-181 by Joseph D. Belcher, JDB Code Services, Inc.

The Commission voted unanimously, 16 – 4 in favor, to approve the POC’s recommendations

on the petition as presented.

Committee Reports and Recommendations

The Chair requested that all TAC reports that did not require specific Commission actions be entered into the record.

Accessibility TAC

Commissioner Gross presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 17 - 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Energy TAC

Commissioner Greiner presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 17 – 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Fire TAC

Commissioner D’Andrea presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Roofing TAC

Commissioner Schulte presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Structural TAC

Commissioner Kim presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Education POC

Commissioner Browdy presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Education POC:

Motion— The Commission voted unanimously, 18 – 0 in favor, to defer action on the Accreditor application for Oak River Builders, LLC pending a further review of the applicant.

Motion—The Commission voted unanimously, 18 – 0 in favor, to approve Fl. Building Code advanced course: #252.

Motion—The Commission voted unanimously, 18 – 0 in favor, to approve the following updated courses (updated to the 2006 Code Supplement). Each course was voted on individually with a vote: #133.1, 160.1, 250.0, and 249.0.

Product Approval POC

Commissioner Carson presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 17 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Product Approval POC:

Motion—The Commission voted unanimously, 17 – 0 in favor, to authorize DCA to pursue selling the copyrighted BCIS website screens developed by Information Systems of Florida, to other states, to include the Manufactured Buildings Program module and the Product Approval modules.

Motion—The Commission voted unanimously, 17 – 0 in favor, to recommend that the Commission authorize staff to send a letter to product manufactures notifying them that they are required to keep their product certificates updated and must ensure all are updated by December 31, 2007. In the short term, staff and the PA system administrator are authorized to work with manufacturers to remove obsolete products, and revise their certificates as either an editorial revision or technical revision, depending on the level of work required by the administrator to implement the update.

(See Commission Minutes for Committee report)

Hurricane Research Advisory Committee Report and Recommendations

Discussion and Decision on Coastal Code Plus Performance Criteria

Rick Dixon reported that the Hurricane Research Advisory Committee met on the afternoon of Sunday, September 30, 2007 in order to develop recommendations to the Commission on issues regarding the Coastal Code-Plus research, including what the return period should be (i.e., 250 years, 500 years). Rick reported that the HRAC had developed a recommendations and the Commission will discuss the Committee’s recommendations during the Coastal Code Plus Performance Criteria agenda item following this report. The Chair invited the Commission to consider a higher level of performance criteria than recommended by the HRAC.

The HRAC made the following recommendations:

· Return Period of 250 years.

· New 250 year return period wind speed map should be used.

· Must meet the FBC requirements.

· Single wind speed for each county (a table developed).

· Exposure Category: for the first 600’ roof loads (components and cladding, and gable ends) must be increased by 20% above exposure category C requirements. From 600’ to 2500’ the exposure category shall be as classified in the Florida Building Code.

· No reductions are allowed.

· Opening protection is required.

Following clarification from the Commission, public comment, and a Commission discussion of the options, the Commission voted to go with a 500 year windspeed return period, design exposure Category C, and no reductions allowed.

Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor to accept the report.

Motion—The Commission voted, 18 – 3 in favor, to use line vi From ARA’s Design Pressure load cases matrix: with a 500 year windspeed return period, design exposure Category C, and no reductions allowed, for the coastal code plus performance criteria.

(See Commission Minutes for Committee report)

Discussion and

FACILITATOR’S SUMMARY REPORT OF THE

OCTOBER 3, 2007

COMMISSION PLENARY SESSION

SUPPLEMENT TO THE OCTOBER 3, 2007 MINUTES

TAMPA, FLORIDA

Overview of Commission’s Key Decisions

Governor’s Executive Order on Climate Change and Directive for the Florida Energy Code