Commission Foundation
Code Modification Review Process
2013 Code Update Process
(Adopted June 8, 2010)
Proposed
Code modifications to the Florida Building Code were reviewed by the
Commission’s TACs in meetings conducted in October 2012. The TAC’s recommendations
regarding proposed Code modifications were posted to the Commission’s website
for a minimum of 45 days and the public was provided an opportunity to comment
on the TACs recommendations during this time-frame (second 45-day review
period). (The TACs will meet as needed to review the public comments and
provide their comments to the Commission regarding whether the submitted
comments address their concerns.)
The
Commission will consider the TACs recommendations in a February 4-5, 2013 meeting.
TACs will review proposed Glitch amendments in June 2013 and the Commission
will decide on Glitch amendments during the June 2013 meeting.
The Commission will consider
the TACs recommendations on two (2) consent agendas per code area. TAC chairs
will pull for individual consideration all modifications that have received
comments that address the TAC’s concerns. Any Commissioner can pull any
modification for individual consideration.
The
TAC’s recommendations regarding proposed code modifications for the 2013 Code
Update are arranged on two (2) consent agendas as follows:
TAC’s Recommendations
are on Two (2) Consent Agendas Per TAC (By Code Areas):
1.
“Consent Agenda 1”: Approval of consent agenda of TAC’s recommendations
regarding proposed modifications that did not receive public comment during the comment period. The Commission
votes to approve the TAC’s recommendations on the modifications as posted incorporating
the findings (A – F). Includes TAC’s recommendations “For Approval”: As
Modified (AM), and As Submitted (AS); and “Against Approval”: No Affirmative
Recommendation (NAR, Without Second, and Withdrawn). Standing motion to approve
is in effect, a second is needed and the Commission votes in favor of the
consent agenda. Commissioners should pull-off any modifications(s) that would
prevent them from offering a second.
2.
“Consent Agenda 2”: Approval of consent agenda of TAC’s recommendations
regarding proposed modifications that received public comment during the comment period. The Commission
votes to approve the TAC’s recommendations on the modifications as posted incorporating
the findings (A – F). Includes TAC’s recommendations “For Approval”: As
Modified (AM), and As Submitted (AS); “Against Approval”: No Affirmative
Recommendation (NAR, Without Second, and Withdrawn). Standing motion to approve
is in effect, a second is needed and the Commission votes in favor of the
consent agenda. Commissioners should pull of any modifications(s)* that would
prevent them from offering a second.
*
TAC chairs will pull all modifications that their TAC commented favorably
regarding the public comment (defined as 75% or greater in support that the
comment addresses TAC concerns and the TAC supports the public comment relative
to their original recommendation). Modifications that the TAC commented on
favorably are listed by TAC on a separate document (matrix). The Commission
will consider all pulled modifications individually. Each individually
considered modification requires a second to the standing motion to approve.
Commission
Will Move to Adopt Four (4) Standing Motions to Approve (p. 3):
1.
“Consent Agenda 1”: TAC’s recommendations regarding proposed modifications
that did not receive
public comment during the comment period.
2.
“Consent Agenda 2”: TAC’s recommendations regarding proposed modifications
that received public comment
during the comment period.
3.
“Pulled Modifications”: Modifications pulled-off of the consent agenda(s) by a
Commissioner for individual consideration.
4.
“Correlation and Florida Specifics
Integration”: Staff’s recommendations
regarding correlation issues and integration of Florida Specific amendments for
the 2013 Code Update.
TAC chairs will pull off any amendments that the TAC’s provided a
favorable comment on that would change the TAC’s original recommendation on the
amendment (comments considered during the TAC’s public comment review process).
Any Commissioner may
pull any amendment for individual consideration based on public comment(s)
(submitted in writing or verbally). Standing motion to approve is in effect.
Second to discuss and vote for each modification considered individually. If no
second offered, motion dies for lack of second (modification is deemed not
approved).
1.
Commissioners decide whether to pull any
amendment(s) based on TAC and public comment(s).
2.
Approval of the two (1 - 2) consent
agendas as amended by the Commission (minus any modifications pulled for
individual consideration). Standing motion to approve is in effect. Second
offered and then a vote.
3.
Commission consideration of modifications
pulled for individual consideration.
1.
Motion to approve the consent agenda(s) of the modifications that did not
receive public comments as recommended by the Technical Advisory Committee’s
(TAC’s), and amended by the FBC, based on the following findings:
A.
The
amendment is needed in order to accommodate the specific needs of this state;
and
B.
The
amendment has a reasonable and substantial connection to the health, safety,
and welfare of the general public; and
C.
The
amendment strengthens or improves the Florida Building Code, or in the case of
innovation or new technology, will provide equivalent or better products or methods
or systems of construction; and
D.
The
amendment does not discriminate against materials, products, methods, or
systems of construction of demonstrated capabilities; and
E.
The
amendment does not degrade the effectiveness of the Florida Building Code; and
F.
The
Amendment has the following fiscal impact:
1. The
fiscal impact of enforcement imposed upon local government is as indicated by
TAC review.
2. The
fiscal impact of compliance imposed upon building and property owners is as
indicated by TAC review.
3. The
fiscal impact of compliance imposed upon industry is as indicated by TAC review.
4. The
fiscal impact of compliance imposed upon small business is as indicated by TAC
review (no impact or as specified by the TAC).
E. The
Amendment’s benefits noted with regard to fiscal impact and efficacy outweigh
the costs imposed.
F. The Amendment
does not diminish requirements related to wind resistance or prevention of
water intrusion contained in the Code or its referenced standards and criteria.
2. Motion to
approve the consent agenda(s) of the modifications that received public comment(s)
as recommended by the Technical Advisory Committee’s (TAC’s), and amended by
the FBC, based on the above findings (A – F).
3. Motion to approve each amendment
pulled off of the consent agendas of TAC recommendations for individual
consideration, based on the above findings (A – F).
4. Motion to approve consent agenda of
Staff’s recommendations regarding correlation issues and integration of carried
forward Florida Specific amendments for the 2013 Code Update.
FBC Code Modification
Review Process—2013 Code Update Review And Consideration Process
*
Facilitator will
serve as the moderator, and assist with adopted process and groundrules.
*
One person speaks at
a time.
*
Limit your comment
and be concise.
*
Chair may limit
comments to a maximum of three-minutes (3) per person, depending on the number
of individuals wishing to speak.
*
Do not read lengthy
prepared statements; Summarize and submit complete text of comment for the
record.
*
Offer new points
and/or state agreement with previous speakers; Please do not repeat what has
been stated.
*
Chair/Facilitator may
terminate a comment if it is repeating previous comments, and not simply
stating agreement or offering new points.
*
The FBC wants to hear
all view points to ensure all perspectives are considered, and not repeats of
the same views.
*
Facilitator will
introduce consent agenda(s) of modifications by Code area.
*
Public will speak to
any modifications they wish the Commission to consider individually.
*
Standing motion to
approve will be in effect.
*
Commissioner(s) will
decide which, if any, modifications to pull for individual consideration.
*
Clarifying questions
by FBC members only.
*
FBC will vote in
favor of the Standing Motion(s) to Approve (found on previous page) as and/or
if amended prior to considering proposed modifications.
* Once a motion (second to the standing motion) is on the
floor, discussion is limited to FBC members except as allowed by the Chair.
Modifications
Pulled for Individual Consideration
*
Standing motion(s) to
approve will be in effect, a second is required in order to vote for the
modification(s)—By Commission rule only motions to approve may be considered.
*
All modifications not
voted for on a consent agenda must be voted on individually.
*
Any modification
considered individually that does not receive a second is deemed denied due to
failure to receive a second.
* Motions require a 75% favorable vote for approval; those
with less than a 75% favorable vote, are deemed denied.