Florida Building Commission

CODE ADMINISTRATION

Technical Advisory Committee Meeting

Minutes

February 5, 2015 at 2:00 P.M.

Meeting was held via teleconference/webinar:

https://global.gotomeeting.com/join/124122693

Teleconference: 1-877-309-2073 Access Code: 124-122-693

public point of access: Department of Business and Professional Regulation

Northwood Centre, Suite 90, 1940 North Monroe Street, Tallahassee, FL 32399

(850) 487-1824

TAC Objectives

Code Administration TAC Members Present: Chairman: Jay Carlson; Hamid Bahadori, Bob Boyer, Bill Dumbaugh, John O’Connor, Tim Tolbert.

Code Administration TAC Members Absent: Dick Browdy, Don Brown, David Gilson

Guests Present: Robert Fine, Attorney; Nancy Metzke, Court Reporter; Dwight Wilkes, John Travers, CBO-Ft. Lauderdale; Tom Allen, ICC

Staff Present: Mo Madani, Marlita Peters, Jim Richmond, April Hammonds, Jim Hammers, Robert Benbow

Objective – To consider, discuss and provide recommendations for consideration by the Commission on a request for Declaratory Statement.

Meeting Minutes
Objective	Review of objectives included the following: Description of issue, discussion by TAC, public comment, TAC action.
1)	Welcome and Opening Remarks. 2:00PM - Chairman, Jay Carlson opened the meeting with general comments regarding the items of interest for today’s meeting.
2)	Roll Call: Roll call was taken and a quorum was present.
3)	Review and Approval of today’s Meeting Agenda: Motion by John O’Connor, seconded by Bob Boyer to accept the Agenda as posted. Unanimous approval.
4)	Review and Approval of Meeting Minutes of August 8, 2014 Motion by John O’Connor, seconded by Bob Boyer to accept the previous minutes of August 8, 2014.
5)	DS2014-163 petitioned by Robert S. Fine of Greenburg, Traurig, PA on behalf of All Aboard Florida - Operations, LLC Supplement to DS2014-163 Mr. Robert Fine, as representative of petitioner, All Aboard Florida - Operations, LLC, (Florida East Coast Industries, LLC) presented the request for Declaratory Statement in regards to construction permits for ancillary buildings constructed on behalf of the passenger railroad. Mr. Mo Madani, Program Manager, of the Office of Codes and Standards, provided the staff analysis. With no additional questions or comments, motion was made by John O’Connor, seconded by Tim Tolbert, to accept the staff analysis including the Petitioner’s answer to the stated questions, as the answer to this request for declaratory statement with a unanimous vote of approval by the TAC. TAC Action: Question 1: Is All Aboard Florida, the passenger rail system being constructed and to be operated by the Petitioner (including the ancillary facilities associated with it) a railroad that is exempt from the FBC (including but not limited to Section 105 of the FBC) by the language itself at Section 102.2(b), and as mandated by Section 553.73(10)(b) of the Florida Statutes? Answer: Yes, the passenger rail system being constructed, and to be operated and maintained by the Petitioner is a railroad and ancillary facilities associated with the railroad as set forth in Section 102(b) of the FBC and Section 553.73(10)(b) of the Florida Statutes and is therefore exempt from the provisions of the FBC, including but not limited to Section 105 of the FBC’s permitting requirements. Question 2: Do structures such as rail lines, rail beds, guideway structures, switches, parking facilities, power relays, switching houses and (notably) rail stations that are essential to the operation of the rail line fall within either the definition of railroad, or the definition of ancillary facilities associated with the railroad as set forth in Section 102.2 (b) of the FBC and therefore exempt from the FBC including its permitting requirements? Answer: Yes. As set forth in Section 341.8203, Florida Statutes, structures such as rail lines, rail beds, guideway structures, switches, parking facilities, power relays, switching houses and rail stations that are essential to the operation of the rail line fall within the definition of railroad and are therefore exempt from the FBC and its permitting requirements based on the exemptions provided in Section 102.2 (b) of the FBC and Section 553.73(10)(b) of the Florida Statutes. Question 3: Do some or all of the following elements of the rail stations included in the response to Question 2 of the Petition fall within the definition of railroad and ancillary facilities associated with the railroad as set forth on Section 102.2(b) of the FBC and Section 553.73(10)(b) of the Florida Statutes and are therefore exempt from the provisions of the FBC including Section 105 of the FBC’s permitting requirements: ·buildings and facilities designed to accommodate the movement of passengers from one mode of transportation to another including platforms and facilities at which passengers board or disembark from transportation conveyances (e.g., trains); ·ticketing facilities, information stands, waiting areas, sanitary facilities for passengers and staff, and offices for railroad staff; ·demised areas and other spaces intended to contain retail sales and/or service establishments, and restaurants and/or other food or beverage service establishments; · retail sales and/or service establishments, restaurants and/or other food or beverage service establishments that will be tenants in the rail stations’ “demised areas and other spaces” mentioned immediately above; · surface or structured parking serving the passengers and railroad staff may be adjacent to, or integral with the rail stations; ·crew and other train staff rest areas; and ·facilities to service the trains including food supply (including kitchen) facilities. Answer: The elements of the rail stations proposed by Petitioner that are exempt from the FBC pursuant to Sec 102.2(b) and Section 557.73(10)(b), Florida Statutes are: ·buildings and facilities designed to accommodate the movement of passengers from one mode of transportation to another including platforms and facilities at which passengers board or disembark from transportation conveyances (e.g., trains); ·ticketing facilities, information stands, waiting areas, sanitary facilities for passengers and staff, and offices for railroad staff; ·demised areas and other spaces intended to contain retail sales and/or service establishments, and restaurants and/or other food or beverage service establishments; ·surface or structured parking serving the passengers and railroad staff adjacent to, or integral with the rail stations; and ·crew and other train staff rest areas; and ·facilities to service the trains including food supply (including kitchen) facilities. Retail sales and/or service establishments, restaurants and/or other food or beverage service establishments that will be tenants in the rail stations’ “demised areas and other spaces” are not exempt from the FBC pursuant to Section 102.2(b). However, ticketing facilities, information stands, waiting areas, sanitary facilities, and offices for railroad staff—elements that are “essential to the operation of the railroad occupying the “demised and other spaces” are exempt from the FBC pursuant to Section 102.2(b) and Section 553.73(10)(b) of the Florida Statutes.
6)	Public Comment Robert Fine, on behalf of his client, thanked the TAC for their time and attention. Bill Dumbaugh questioned staff as to the last paragraph of the staff analysis, and confirmed that it was a part of the staff analysis. To which Mr. Madani and Ms. April Hammonds confirmed affirmatively. John Travers, City of Ft. Lauderdale, questioned the availability of staff analysis to discern the details of what areas will fall under their area of concern and what areas will be exempted. Ms. April Hammonds provided that the {Final} Order will reflect and will read very similarly to the bullet points provided in Mr. Fine’s petition and will be laid out in a manner to facilitate easier reading.
7)	Member Comment None provided.
8)	Scheduling of next meeting to be determined based on need.
9)	Adjournment Motion to adjourn John O’Connor, seconded by Bob Boyer. 2:30pm

Staff Contacts: Marlita Peters, Marlita.peters@myfloridalicense.com,; Mo Madani, mo.madani@myfloridalicense.com

Note: This document is available to any person requiring materials in alternate format upon request. Contact the Department of Business and Professional Regulation, Office of Codes and Standards, 1940 N. Monroe Street, Suite 90, Tallahassee, Florida 32399-0772 or call 850-487-1824.