FLORIDA BUILDING COMMISSION

CODE ASSEMBLY AD HOC

REPORT TO THE FLORIDA BUILDING COMMISSION

December 10, 2008

Tampa, Florida

Opening and Meeting Attendance

The meeting started at 10:45 AM, and it was determined that a quorum of Ad Hoc members were present.

Following were the Ad Hoc members present:

Raul Rodriguez, Chair, Hamid Bahadori, Dick Browdy, Ed Carson, Kiko Franco, Jim Goodloe,

Jeff Gross, and Chris Schulte.

Other Commissioners Present

Bob Boyer, Paul Kidwell, Rafael Palacios, and Jim Schock.

DCA Staff Present

Rick Dixon, Ila Jones, Mo Madani, and Betty Stevens.

Meeting Facilitation

The meeting was facilitated by Jeff Blair from the Florida Conflict Resolution Consortium at Florida State University. Information at: http://consensus.fsu.edu/

Project Webpage

Information on the project, including agenda packets, meeting reports, and related documents may be found in downloadable formats at the project webpage below:

http://consensus.fsu.edu/FBC/CO-Detector-WG.html

Meeting Objectives

ü To Review Agenda

ü To Hear an Overview of Issues Regarding Code Assembly

ü To Identify, Discuss and Evaluate Options Regarding Code Assembly

ü To Consider Public Comment

ü To Adopt Recommendations for Submittal to Commission

ü To Identify Needed Next Steps and Agenda Items for Next Meeting

Overview of Code Assembly Issues

2010 FBC Development and Adoption Schedule

Rick Dixon reviewed the 2010 Code development schedule and answered members questions.

The schedule is included as Attachment 1.

(Attachment 1—2010 Code Development Schedule)

Code Book Development and Assembly Process

Mo Madani reviewed a proposal for the 2010 Code assembly and answered members questions.

(Attachment 2—Code Assembly Proposal)

Identification, Discussion and Evaluation of Issues and Options In Turn

Members discussion:

· Concern with providing the FBC as two separate documents (I-Code and Supplement), and prefer integrated approach.

· Need to insure documents don’t diverge too much.

· Like the Accessibility Code shading method for identifying Florida specific requirements.

· The propose process will make Code available more quickly.

· Regarding commercial stakeholder interests for existing buildings: there are different triggers (i.e., percent of building value, percent of costs and percent of area) that make the Code apply (i.e., Energy Code, Building Code, etc.). Need all triggers clarified in the same location in the document, and one should not be required to look in multiple locations to comply with the Code.

· FEMA flood resistant standards criteria should be included in the Code.

General Public Comment

Members of the public were provided and opportunity to comment on the issues.

Following are the comments:

· BOAF supports providing a supplement to the I=Codes instead of an integrated document.

· Whittle down Florida specific amendments.

· Concern with using two separate documents, prefer integrated approach.

· Fire Code uses marked margins for identifying Florida requirements. ICC uses bars to indicate changes.

· Need to stick with single document.

· Support the 2010 proposal format that staff is proposing using the FBC as the starting document.

· Use 2007 FBC as base.

· Question on whether Commission is really required to adopt updated I-Code versions.

· Support legislation to not require adopting the I Code, but reviewing and deciding as approved by the Commission.

· ICC supports the staff proposal; however, a new document needs to be created by ICC to make this work.

· ICC can now do side-by-side comparison using e-codes.

· Concern with ensuring that more public input is considered before making a final decision on the staff proposal for assembling the 2010 Code.

· Adopting the ICC code as base is important and needs to be continued.

Adoption of Recommendations for Submittal to the Commission

Following a staff presentation, Q & A, public comment, and Committee discussion, the Ad Hoc took the following action:

Motion—The Ad Hoc Committee voted unanimously, 8 - 0 in favor, to recommend the Commission adopt DCA staff’s proposal to use the 2007 FBC Code document as the template for the 2010 Code assembly process.

(Note: The 2009 I Code changes to the 2006 I Code will be integrated into the 2007 FBC to create a starting draft of the 2010 FBC.)

Review of Ad Hoc Committee Delivery and Meeting Schedule

The Commission will consider the Ad Hoc’s report and recommendations at the February 2009 meeting, and consider additional public comment.

Adjourn

The Ad Hoc voted to adjourn at 11:30 AM.

ATTACHMENT 1

DRAFT SCHEDULE FOR DEVELOPMENT OF 2010 FBC

2010 Update to the Florida Building Code

Decide on Code Assembly Process 12/08-2/09

ICC integrates 2006 to 2009 I Code changes into 2007 FBC to develop 2/09-6/09

First Draft 2010 FBC (completed for transmittal to TACs for review 7/1/09)

TACs review First Draft 2010 FBC for accuracy 7/09-10/09

Printed 2009 International Codes published and available to the public 3/1/09

Commission selects 2009 I Codes as foundation for 2010 FBC 10/14/09

(Note: 2009 I Codes must be available to public for 6 months prior to selection – assumes 3/1/09)

First Draft 2010 FBC ready for review and mods 10/14/09

Proposed amendments to the 2009 I Codes with Florida amendments due date 1/1/10

Florida Specific amendment overlaps with 2006 to 2009 I Codes changes, 1/1/10

local amendments and 2010 FFPC correlation submitted amendments

proposals by staff

Proposed amendments posted to the Web by (45 day min before TAC review) 1/15/10

45 day comment period ends 3/2/10

TACs review proposed Florida amendments and make recommendations 4/5-8/10

TAC recommendations posted to web (45 day min before Commission review) 4/23/10

45 day comment period ends 6/8/10

TACs review comments and prepare public comment for Rule Workshop 6/7&8/10

Commission considers TAC recommendations on proposed amendments 6/9/10

via Rule Development Workshop

Rule Adoption Hearing 8/11/10

File Rule adopting the 2010 FBC 9/10/10

Printed Codes available to the public 1/1/11

Code implemented (no sooner than 6 months from available to public) 10/1/11

Subtasks:

Joint Fire TAC/Fire Code Advisory Council review of I Codes changes to 3/10-8/10

FFPC conducted

Correlation committee review of Florida specific amendments overlap 3/10-8/10

with 2006 I Codes

Code books publication and printing

ICC integrates 2006 to 2009 I Codes changes into 2007 FBC 1/09 -7/09

(ready for 8/10 Commission meeting)

Provide 1st set of Florida mods to draft 2010 FBC to ICC 6/25/10

(2 weeks after Rule Development Workshop)

Provide 2^nd set of mods to ICC 8/28/10

(2 weeks after Rule Development Workshop)

2. Glitch Amendments to the 2010 Florida Building Code

Schedule:

2010 Code published online 1/1/11

Printed 2010 Codes available to the public 1/1/11

Glitch amendment submittal DEADLINE 3/26/11

Rule development workshop 6/8/11

Rule adoption hearing 8/10/11

Glitch Rule adopted (filed) 9/10/11

2010 FBC effective 10/1/11

Subtask:

Review 2011 NEC (Note: not subject to glitch proposal submittal deadline) 1/11-4/11

Recommend whether to adopt as glitch 6/8/11

Supplement and replacement pages publication and printing

Supplement published to web for free downloads 10/1/11

ICC provides replacement pages for sale 12/11

SHORT DESCRIPTION:

The process for updating and amending the Florida Building Code is governed by Rule 9B-3.050, FAC and section 553.73, F.S. (see attached). The draft schedule has not yet been approved by the Commission. However, generally the process begins with the 2009 I codes available to the public by March 2009. Six months later at its October 2009 meeting the Commission selects the new I codes. Proposed Florida specific amendments can be submitted through December 2009. Proposals are published on the Commission website for minimum 45 days then TACs review at the Commission April 2010 meeting. TAC recommendations are posted on the Commission website for a minimum 45 days then the Commission reviews TAC recommendations at its June 2010 meeting in a Rule Development Workshop. A Rule adoption hearing follows at the August 2010 meeting. The rule is filed with the Secretary of State and is final by September 2010. Codebooks are printed and available to the public by January 1, 2011. The Code takes effect (a minimum of 6 months) typically 9 months later October 1, 2011. There is an additional streamlined rule amendment process that takes place between September 2009 and October 1, 2010 to fix errors and unintended consequences in the new edition of the Code.

SCHEDULE REQUIRED BY LAW

Florida law establishes the following minimum time Intervals between different actions:

Phase I, Code Development (section 553.73, F.S.):

I Codes available in print until Commission selects 6 months

Commissions Selects I Codes until Amendment Proposal cutoff 3 months

Amendment proposals posted online until TACs review 45 days

TACs recommendations posted online until Commission reviews* 45 days

Phase II, Code Adoption (chapter 120, F.S.)

Notice requirement for Code (rule) Development Workshop* 14 days

Draft 2010 Code changes noticed in FAW until Code (rule) Adoption Hearing 21 days

Final version of Code filed with Secretary of State until rule is final** 21 days

* Phase 1 Commission review of TAC recommendations and Phase II Rule Development Workshop are the same proceeding to achieve procedural efficiencies. The 14 day RDW notice can overlap with the 45 day publishing of TAC recommendations online.

** Administrative rules are “Adopted” when they are filed with the Secretary of State. There is a 21 day period after filing that a rule can be challenged and its effective date tolled. Challenges after that period are challenges of adopted rules which do not delay implementation

FLORIDA BUILDING COMMISSION MEETING DATES AND LOCATIONS

2009 Meeting Location Reservation Deadline

February 2, 3 & 4 Crowne Plaza, Melborne, (321-777-4100) January 11, 2009

April 6, 7 & 8 Hilton Hotel, Gainesville, (352--371-3600) March 06, 2009

June 8, 9 & 10 Embassy Suites, Tampa, (813-977-7066) March 08, 2009

August 10, 11 & 12 Crowne Plaza, Melborne, (321-777-4100) July 20, 2009

October 12, 13 & 14 Embassy Suites, Tampa, (813-977-7066) September 11, 2009

December 7, 8 & 9 Rosen Centre, Orlando, (800-204-7234) November 06, 2009

2010 Meeting Location

February 1,2 & 3

April 5, 6 & 7

June 7, 8 & 9

August 9, 10 & 11

October 11, 12 & 13

December 6, 7 & 8

2011 Meeting Location

Jan 31 & Feb 1 & 2

April 4, 5 & 6

June 6, 7 & 8

August 8, 9 & 10

October 10, 11 & 12

December 5, 6 & 7

ATTACHMENT 2