Florida
Building Commission
Code Coordination and Implementation Workgroup
January 30, 2015—Meeting I
Betty
Easley Conference Center, Room 180
4075
Esplanade Way—Tallahassee, Florida 32399
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Meeting
Objectives |
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To Approve Regular Procedural Topics (Agenda and
Procedural Guidelines) Ø To Hear an Overview of Workgroup Charge and Scope Ø To Hear a Presentation on the Florida Building Code Development Process Ø To Identify Issues and Options Regarding the Florida Building Code Development Process Ø To Discuss and Evaluate Level of Acceptability of Proposed Options Ø To Consider Public Comment ü To Identify Needed Next Steps: Information, Assignments, and Agenda Items for Next Meeting |
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Meeting Agenda—Friday, January 30, 2015 |
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All Agenda Times—Including Adjournment—Are
Approximate and Subject to Change |
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10:00 AM |
A.) |
Welcome and Introductions |
Browdy |
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B.) |
Agenda Review and Approval (January 30, 2015) |
Blair |
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C.) |
Review of Commission’s Workgroup Meeting
Guidelines, Consensus-Building
and Decision-Making Process, and Sunshine Requirements |
Blair |
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D.) |
Review of Code Coordination and
Implementation Workgroup Scope
and Purpose |
Browdy |
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E.) |
Review
of Key Components and Milestones of the Florida Building Code Development
Process |
Madani |
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F.) |
Identification of Issues for Evaluation Regarding
the Florida Building Code Development Process · Review of Key Issues Identified ·
Identification & Agreement on List of
Issues by Workgroup Members in Turn ·
Prioritization of Key Issues |
CCIW |
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G.) |
Identification, Discussion and Evaluation of
Options in Turn |
CCIW |
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H.) |
General Public Comment |
Blair |
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I.) |
Next Steps: Agenda Items, Needed Information,
Assignments, Date
and Location |
Blair |
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J.) |
Adjourn |
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Contact Information and Project
Webpage
Jeff Blair; 850.644.6320; jblair@fsu.edu ; http://consensus.fsu.edu/FBC/CCIW.html
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Meeting Dates
and Locations—2015 |
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I. |
January 30, 2015 |
Tallahassee |
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II. |
TBD |
TBD |
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III. |
TBD |
TBD |
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IV. |
TBD |
TBD |
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Workgroup Membership |
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Member |
Affiliation |
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1. Dick Browdy |
Florida Building Commission (FBC) |
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2. Tom
Allen (ex officio) |
ICC Code
Process |
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3. Steve Bassett |
Building Professionals: Mechanical Contractors |
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4. Jay Carlson |
Building
Professionals: General Contractors |
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5. David Compton |
Design
Professionals: Engineers |
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6. Kevin Flanagan |
Building
Professionals: Electrical
Contractors |
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7. Charles
Frank |
Division of
State Fire Marshal |
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8. Darrell Phillips |
Education Facility
Professionals: Public Education |
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9. Brad Schiffer |
Design
Professionals: Architects |
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10.
Jim Schock |
Building Officials |
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11.
Drew Smith |
Building
Professionals: Home Builders |
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12.
Steve Strawn |
Building
Product Manufacturers |
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13.
Brian Swope |
Building
Professionals: Roofing and Sheet Metal Contractors |
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14.
George Wiggins (ex officio) |
Building
Officials of Florida (BOAF) |
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DBPR Staff |
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April Hammonds |
FBC Legal
Counsel |
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Mo Madani |
Technical
Manager |
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Jim Richmond |
Executive
Director |
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Facilitator |
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Jeff Blair |
FCRC Consensus
Center at Florida State University |
Overview
Code
Coordination and Implementation Workgroup
Chairman Browdy recommended
the convening of the Workgroup noting that with the delays experienced in
adopting the Florida Building Code Fifth
Edition (2014) it was apparent that there are regulatory requirements that
constrain the Commission in being able to complete a code update in the most
efficacious manner possible. Some of the statutory constraints include the
requirement to coordinate with the adoption of
the updated version of the Florida Fire
Prevention Code, and the requirement to have the Florida Building Code
published for 6 months after publication before it becomes effective. Other constraints include duplicative procedural requirements between the
rulemaking requirements of Chapter 120, F.S and the code development
requirements mandated by Section 553.73, F.S. Other considerations are the
schedule for the IBC code updates, the NEC code schedule, and the schedule for
other important reference documents that must be finalized before incorporation
by reference into the Florida Building Code Rule. There are also other built-in
time constraints that serve to delay the implementation of a code update cycle.
The Commission should review all of the critical path milestones in the code
development process and determine what should be done to make the process as
efficient as possible.
In order to address the issue the Chair recommended that the Commission
convene a Code Coordination and
Implementation Workgroup to review and evaluate all of the regulatory
requirements currently impacting the code development process (code update
process), and to propose a legislative path for a more efficacious process and timetable
for the implementation of the Florida Building Code update process. At the October 2014
meeting the Commission voted unanimously to convene a Code Coordination and Implementation Workgroup to review and evaluate all of the regulatory requirements currently
impacting the code development process (code update process), and to propose a
legislative path to a more efficacious timetable for the implementation of the
Florida Building Code update process.
Workgroup Scope and Timetable for Delivery
The scope of the Code
Coordination and Implementation Workgroup is
as follows:
The initial scope of the Code
Coordination and Implementation Workgroup will
be to review and evaluate all of the regulatory
requirements currently impacting the code development process (code update
process), and to propose a legislative path to a more efficacious timetable for
the implementation of the Florida Building Code update process going forward.
It is expected that any recommendations for statutory changes, once approved by
the full Commission, will be delivered to the 2016 Florida Legislature.
Workgroup Procedural Guidelines
Participants’ Role
ü The Workgroup process is an opportunity to explore possibilities. Offering or exploring an idea does not necessarily imply support for it.
ü Listen to understand. Seek a shared understanding even if you don’t agree.
ü Be focused and concise—balance participation & minimize repetition. Share the airtime.
ü Look to the facilitator to be recognized. Please raise your hand to speak.
ü Speak one person at a time. Please don’t interrupt each other.
ü Focus on issues, not personalities. “Using insult instead of argument is the sign of a small mind.”
ü Avoid stereotyping or personal attacks. “Mud thrown is ground lost.”
ü To the extent possible, offer options to address other’s concerns, as well as your own.
ü Represent and communicate with member’s constituent group(s).
ü Refrain from using electronic devices during the meetings; Keep electronic devices turned off or silent.
Facilitators’ Role
(Jeff A. Blair—FCRC Consensus Center at FSU)
ü Design and facilitate a participatory Workgroup process.
ü Assist participants to stay focused and on task.
ü Assure that participants follow ground rules.
ü Prepare agenda packets and provide meeting summary reports.
Guidelines for Brainstorming
ü Speak when recognized by the Facilitator(s).
ü Offer one idea per person without explanation.
ü No comments, criticism, or discussion of other's ideas.
ü Listen respectively to other's ideas and opinions.
ü Seek understanding and not agreement at this point in the discussion.
The Name Stacking Process
ü Determines the speaking order.
ü Participant raises hand to speak. Facilitator(s) will call on participants in turn.
ü Facilitator(s) may interrupt the stack (change the speaking order) in order to promote discussion on a specific issue or, to balance participation and allow those who have not spoken on an issue an opportunity to do so before others on the list who have already spoken on the issue.
Acceptability
Ranking Scale
During the meetings, members will be asked to develop and rank options, and following discussions and refinements, may be asked to do additional rankings of the options if requested by members and staff. Please be prepared to offer specific refinements or changes to address your reservations. The following scale will be utilized for the ranking exercises:
Workgroup’s Consensus Process
Consensus
The Florida Building Commission seeks to develop consensus decisions on its recommendations and policy decisions. The Commission provides a forum for stakeholders representing different interests to participate in a consensus-building process where issues affecting the construction industry are discussed and evaluated on their technical merits and cost-benefits to the citizens of the State of Florida. In order to achieve the best possible decisions, the Commission relies on its workgroups, ad hoc committees, technical advisory committees, and program oversight committees to develop consensus recommendations on project specific issues.
Definitions
Consensus is a process, an attitude and an outcome. Consensus processes have the potential of producing better quality, more informed and better-supported outcomes.
As a process, consensus is a problem solving approach in which all members:
o Jointly share, clarify and distinguish their concerns;
o Jointly develop alternatives to address concerns; and then
o Seek to adopt recommendations everyone can embrace or at least live with.
In a consensus process, members should be able to honestly say:
o I believe that other members understand my point of view;
o I believe I understand other members’ points of view; and
o Whether or not I prefer this decision, I
support it because it was arrived at openly and fairly and because it is the
best solution we can achieve at this time.
Consensus as an attitude means that each member commits to work toward agreements that meet their own and other member needs and interests so that all can support the outcome.
Consensus as an outcome means that agreement on decisions is reached by all members or by a significant majority of members after a process of active problem solving. In a consensus outcome, the level of enthusiasm for the agreement may not be the same among all members on any issue, but on balance all should be able to live with the overall package.
Levels of consensus on a committee outcome can include a mix of:
o Participants who strongly support the solution;
o Participants who can “live with” the solution; and
o Some participants who do not support the solution but agree not to veto it.
Workgroup’s
Consensus Process
The Workgroup will seek to develop a
package of consensus-based recommendations for submittal to the Florida
Building Commission. General consensus
is a participatory process whereby, on matters of substance, the members strive
for agreements which all of the members can accept, support, live with or agree
not to oppose. In instances where, after vigorously exploring possible ways to enhance
the members’ support for the final decision on a recommendation, and the
Workgroup finds that 100% acceptance or support is not achievable, final
decisions will require at least 75% favorable vote of all members present and
voting. This super majority decision
rule underscores the importance of actively developing consensus throughout the
process on substantive issues with the participation of all members and which
all can live with. In instances where
the Workgroup finds that even 75% acceptance or support is not achievable,
publication of recommendations will include documentation of the differences
and the options that were considered for which there is more than 50% support
from the Workgroup.
The Workgroup will develop its
recommendations using consensus-building techniques with the assistance of the
facilitator. Techniques such as
brainstorming, ranking and prioritizing approaches will be utilized. Where differences exist that prevent the Workgroup
from reaching a final consensus decision (i.e. with support of at least 75% of
the members) on a recommendation, the Workgroup will outline the differences in
its documentation.
The Workgroup’s consensus process will be
conducted as an open process consistent with applicable law. Workgroup members, staff, and facilitator
will be the only participants seated at the table. Only Workgroup members may
participate in discussions and vote on proposals and recommendations. The
facilitator, or a Workgroup member through the facilitator, may request
specific clarification from a member of the public in order to assist the
Workgroup in understanding an issue. Members may request time to consult/caucus
with constituent stakeholder representatives. Observers/members of the public are welcome to
speak during the public comment period provided at each meeting, and all
comments submitted on the public comment forms provided in the agenda packets will
be included in the facilitator’ summary reports.
Facilitator will work with staff and
Workgroup members to design agendas that will be both efficient and
effective. The staff will help the
Workgroup with information and meeting logistics.
To enhance the possibility of constructive discussions as members educate themselves on the issues and engage in consensus-building, members agree to refrain from public statements that may prejudge the outcome of the Workgroup’s consensus process. In discussing the Workgroup process with the media, members agree to be careful to present only their own views and not the views or statements of other participants. In addition, in order to provide balance to the Workgroup process, members agree to represent and consult with their stakeholder interest groups.
Sunshine Law Guidelines
(Section
286.011, Florida Statutes)
Applicability of Sunshine Law
1. Meetings of public groups (workgroups) or commissions must be open to the public;
2. Reasonable notice of such meetings must be given (by publication in FAR at least 7 days in advance of a meeting); and
3. Minutes of the meetings must be taken.
Ø Equally applicable to elected and appointed members and applies to any gathering of two or more members of the same group (Workgroup) to discuss some matter which will foreseeably come before that group (Workgroup) for action. Applies to advisory groups.
Ø Written correspondence (reports) circulated among group members for comments.
Ø Telephone conversations and computer communications including e-mails and attachments.
Ø Delegation of authority to a single individual.
Ø Use of nonmembers as liaisons between group (Workgroup) members.
Issues not Subject to Sunshine Law Requirements
Ø Use of a written report by one member to inform other members of a subject which will be discussed at a public meeting, if prior to the meeting, there is no interaction related to the report among the members.
Ø Members (Workgroup) or designee may be authorized to gather information as a fact-finder only.
Ø Members may meet together socially, provided they refrain from discussing matters on which foreseeable action before the Workgroup are discussed.
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Workgroup
members are subject to the requirements of Florida's Government in the Sunshine
Law, commonly referred to as the Sunshine Law (Section 286.011 F.S.).
Ø
There
are four basic requirements of section 286.011, Florida Statutes:
(1)
Meetings of public boards or commissions (workgroups) must be open to
the public;
(2)
Reasonable notice of such meetings must be given;
(3)
Any voting of members must be done in public (including discussions
between two or more members
regarding a matter on which the Workgroup might foreseeably take
action); and
(4)
Minutes of the meetings must be taken
Florida Building Code Development
Process
The Florida Building Code Development
Process Key Components:
Overview
The Florida Building Code and the Code Development Process. Historically the promulgation of codes and standards was the responsibility of local jurisdictions. It was determined that Florida’s system is “ a patchwork of codes and regulations developed, amended, administered and enforced differently by more than 400 local jurisdictions and state agencies with building code responsibilities”. A critical component for an effective building code system was to develop and implement a single state-wide code.
The purpose of developing s single state-wide building code was to:
1. Serve as a comprehensive regulatory document to guide decisions aimed at protecting the health, safety and welfare of all of Florida’s citizens.
2. Provide uniform standards and requirements through the adoption by reference of applicable national codes and providing exceptions when necessary.
3. Establish the standards and requirements through performance-based and prescriptive based criteria where applicable.
4. Permit and promote innovation and new technology.
5. Require adequate maintenance of buildings and structures, specifically related to code compliance, throughout the State.
6. Eliminate restrictive, obsolete, conflicting and unnecessary construction regulations that tend to increase construction costs unnecessarily or that restrict the use of innovation and new technology.
The Florida Building Code is a state-wide code implemented in 2001 and updated every three years. The Florida Building Commission developed the Florida Building Code from 1999 through 2001, and is responsible for maintaining the Code through annual interim amendments and a triennial foundation code update.
Statutory Requirements Pursuant to Section 553.73, F.S., Florida
Building Code
(1)(a) The
commission shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the Florida Building Code which shall contain or incorporate by
reference all laws and rules which pertain to and govern the design,
construction, erection, alteration, modification, repair, and demolition of
public and private buildings, structures, and facilities and enforcement of
such laws and rules…
(b) The
technical portions of the Florida Accessibility Code for Building Construction
shall be contained in their entirety in the Florida Building Code. The civil
rights portions and the technical portions of the accessibility laws of this
state shall remain as currently provided by law.
(c) The
Florida Fire Prevention Code and the Life Safety Code shall be referenced in
the Florida Building Code, but shall be adopted, modified, revised, or amended,
interpreted, and maintained by the Department of Financial Services by rule
adopted pursuant to ss. 120.536(1) and 120.54.
(3) The commission shall use the International Codes published by
the International Code Council, the National Electric Code (NFPA 70), or other
nationally adopted model codes and standards needed to develop the base code in
Florida to form the foundation for the Florida Building Code. The Florida
Building Commission may approve technical amendments to the code, subject to
subsections (8) and (9), after the amendments have been subject to the
following conditions:
(a) The proposed amendment has been published on the commission’s
website for a minimum of 45 days and all the associated documentation has been
made available to any interested party before any consideration by a Technical
Advisory Committee;
(c) After Technical Advisory Committee consideration and a
recommendation for approval of any proposed amendment, the proposal must be
published on the commission’s website for at least 45 days before any consideration
by the commission; and
(d) A proposal may be modified by the commission based on public
testimony and evidence from a public hearing held in accordance with chapter
120.
Triennial Code
Update
(7)(a) The commission, by rule adopted pursuant to ss. 120.536(1) and 120.54, shall update the Florida Building Code every 3 years. When updating
the Florida Building Code, the commission shall select the most current version
of the International Building Code, the International Fuel Gas Code, the
International Mechanical Code, the International Plumbing Code, and the
International Residential Code, all of which are adopted by the International
Code Council, and the National Electrical Code, which is adopted by the National
Fire Protection Association, to form the foundation codes of the updated
Florida Building Code, if the version has been adopted by the applicable model
code entity. The commission shall select the most current version of the
International Energy Conservation Code (IECC) as a foundation code; however,
the IECC shall be modified by the commission to maintain the efficiencies of
the Florida Energy Efficiency Code for Building Construction adopted and
amended pursuant to s. 553.901.
(e) A
rule updating the Florida Building Code in accordance with this subsection
shall take effect no sooner than 6 months after publication of the updated
code. Any amendment to the Florida Building Code which is adopted upon a
finding by the commission that the amendment is necessary to protect the public
from immediate threat of harm takes effect immediately.
Glitch Amendments
(8) Notwithstanding the provisions of subsection (3) or subsection
(7), the commission may address issues identified in this subsection by
amending the code pursuant only to the rule adoption procedures contained in
chapter 120. Provisions of the Florida Building Code, including those contained
in referenced standards and criteria, relating to wind resistance or the
prevention of water intrusion may not be amended pursuant to this subsection to
diminish those construction requirements; however, the commission may, subject
to conditions in this subsection, amend the provisions to enhance those
construction requirements. Following the approval of any amendments to the
Florida Building Code by the commission and publication of the amendments on
the commission’s website, authorities having jurisdiction to enforce the
Florida Building Code may enforce the amendments. The commission may approve
amendments that are needed to address:
(a) Conflicts within the updated code;
(b) Conflicts between the updated code and the Florida Fire
Prevention Code adopted pursuant to chapter 633;
(c) Unintended results from the integration of previously adopted
Florida-specific amendments with the model code;
(d) Equivalency of standards;
(e) Changes to or inconsistencies with federal or state law; or
(f) Adoption of an updated edition of the National Electrical Code
if the commission finds that delay of implementing the updated edition causes
undue hardship to stakeholders or otherwise threatens the public health,
safety, and welfare.
Annual Amendments
(9)(a) The commission may approve technical amendments to the
Florida Building Code once each year for statewide or regional application upon
a finding that the amendment:
1. Is needed in order to accommodate the specific needs of this
state.
2. Has a reasonable and substantial connection with the health,
safety, and welfare of the general public.
3. 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.
4. Does not discriminate against materials, products, methods, or
systems of construction of demonstrated capabilities.
5. Does not degrade the effectiveness of the Florida Building
Code.
Key Issues for Possible Workgroup Evaluation
I. Code Printing/Publication
Publishing a fully integrated Florida Building Code (Florida specific amendments integrated into the adopted I-Codes version), or publishing Florida specific amendments as a supplement.
II. Errata
Authority to issue errata and publication of the same.
A clear definition of what constitutes an errata.
III. Code Amendment Process
Triennial Update
Annual Amendments
Glitch Amendments
IV. Florida Specific Amendment
Statutory requirements for what is carried forward
and how they are reviewed by TACs and Commission.
V. Statutory Timeline Requirements
·
Selection of
I-Codes version for FBC Update (timelines and requirements).
·
Selection of
NEC version for FBC Update (timelines and requirements).
·
Incorporation
of FFPC (timelines and requirements).
·
TAC review
and public comment (timelines and requirements).
·
Glitch
amendment (timelines and requirements).
·
Chapter 120
rule adoption process (timelines and requirements).
·
The Florida
Building Code shall take effect no sooner than 6 months after publication of
the updated code (timelines and requirements).
Recommendations
from Commission Process Review Ad Hoc Committee (2009)
Committee recommended that the Commission recommend to the Florida Legislature eliminating the statutory requirement for the Commission to wait six months after publication of the latest I-Code Edition before selecting the same as the foundation code for the Florida Building Code for future Code Editions.
VI. Adoption of Standards and Codes by Reference
National Electrical Code (NEC)
Florida Fire Prevention Code (FCPC)
VII. Commission Participation With the ICC
Code Development Process
Referred to the Workgroup by the Commission
at their December 12, 2014 meeting.
Issues and Options Identification Worksheet
Issues
Identification Exercise—Meeting Notes
Think about the Florida Building Code development process, what are the key issues (including critical path timeframes) regarding the code development process that must be evaluated in order to streamline and make the process as fair and efficient as possible? (What issues need to be addressed in order to clarify and/or enhance the Florida Building Code Development Process).
Please use the following space to jot down your thoughts.
Prioritization
Ranking Exercise
Members may be asked to rank the issues for discussion order purposes.
Ranking Scale:
5 Highest
Level of Priority; Urgent
4 High
Priority
3 Moderate
Level of Priority
2 Low
Level of Priority
1 Lowest Possible Priority; Group Should not Pursue
Options
Identification Exercise—Meeting Notes
Please use the space below to write down possible options to address the key issues identified earlier regarding the Florida Building Code Development Process.
Please use the following space to jot down your thoughts.
During the meetings, members may be asked to develop and rank options, and following discussions and refinements, may be asked to do a second ranking of the options as refined. Please be prepared to offer specific refinements or changes to address your reservations. In general, 4s and 3s are in favor of an action and 2s and 1s are opposed. Once rated, action(s) with a 75% or greater number of 4s and 3s in proportion to 2s and 1s shall be considered consensus decisions. The following scale will be utilized for acceptability ranking exercises:
Public Comment Form
The Florida Building Commission and the Code Coordination and Implementation
Workgroup encourage written comments—All written comments will be included
in the meeting summary report.
Name:
Organization/Representation:
Meeting Date:
Please
make your comment(s) as specific as possible, and offer suggestions to address
your concerns.
Please
limit comment(s) to topics within the scope of the Workgroup, and refrain from
any personal attacks or derogatory language.
The
facilitator may, at his discretion, limit public comment to a maximum of
three-minutes (3) per person, depending on the number of individuals wishing to
speak.
Comment:
Please
give completed form(s) to the Facilitator for inclusion in the meeting summary
report.