FLORIDA BUILDING COMMISSION

SUPPLEMENT TO THE JANUARY 29 - 30, 2008 MINUTES

Overview of Commission’s Key Decisions

TUESDAY, JANUARY 29, 2008

Welcome

Chairman Rodriguez welcomed the Commission, staff and the public St. Augustine and day one of the January 2008 plenary session. The Chair noted that the primary focus of the January Commission meeting would be adoption of the recommendations for the Commission’s Report to the 2008 Legislature, and Energy Code decisions.

Agenda Review and Approval

The Commission voted unanimously, 21 - 0 in favor, to approve the agenda for the January

29 - 30, 2008 meeting as presented. Following are the key agenda items approved for consideration:

Day One:

· To Consider Regular Procedural Issues: Agenda Approval and Approval of the December

11 - 12, 2007 Minutes and Facilitator’s Summary Report.

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

· To Review and Update the Workplan.

· To Consider/Decide on Accessibility Waiver Applications.

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

· To Hear an Update Report on Binding Interpretations.

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

Day Two:

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

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

· To Consider/Decide on Education Workgroup Report/Recommendations.

· To Consider/Decide on Wind Mitigation Workgroup Report/Recommendations.

· To Conduct a Rule Adoption Hearing on Rule 9B-72, Product Approval.

· To Conduct a Rule Adoption Hearing on Rule 9B-70, Education.

· To Discuss and Decide on DCA Energy Code Recommendations.

· To Discuss and Decide on Green Building Workgroup Recommendations for Local Ordinance and Public Awareness Campaign.

· To Discuss and Decide on Issues for the 2008 Report to the Legislature.

· To Review and Discuss 2007 Commission Effectiveness Assessment Survey Results.

· To Discuss Commissioner Issues.

· To Receive Public Comment.

· To Review Committee Assignments and Issues for the Next Meeting—March 18 – 19, 2008 in Tampa.

Review and Approval of the December 11 - 12, 2007 Meeting Minutes and Facilitator’s Summary Report

Motion—The Commission voted unanimously, 21 - 0 in favor, to approve the December 11 - 12, 2007 Minutes as presented and Facilitator’s Summary Report as presented.

Amendments to Minutes:

None offered.

Chair’s Discussion Issues and Recommendations

A. Appointments

TAC Appointments

Chairman Rodriguez appointed Commissioner Randy Vann to replace Soy Williams on the Accessibility TAC.

Workgroup Appointments

The Chair appointed Burt Logan to replace Jim Carducci on the Wind Mitigation Workgroup.

Window/Wall Workgroup and Appointments

The Chair appointed Dick Wilhelm to replace John McFee on the Window/Wall Workgroup.

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

Binding Interpretations

Petition 31

Jim Richmond reported that Petition 31 was rejected because it was not reviewed by local appeal

board before submittal for consideration.

DCA08-DEC-001 by Karen Kalman – Appeal of Binding Interpretation

Motion—The Commission voted 21 – 0 in favor, to refer the petition to a DCA hearing officer for a recommended order for final action by the Commission. In addition, the Commission temporarily granted intervention status to intervener, subject to review by the hearing officer.

Petitions For Declaratory Statements

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

Second Hearings

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

Motion—The Commission voted 22 – 0 in favor, to defer action on the petition pending requested clarification(s) from the petitioner.

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

Motion—The Commission voted 13 - 8 in favor, to approve Commission action on the petition.

DCA07-DEC-182 by Mark S Speckin of SPX Cooling Technologies

Motion—The Commission voted 20 – 0 in favor, to approve their previous action on the petition.

DCA07-DEC-183 by Mark S. Speckin of SPX Cooling Technologies

Motion—The Commission voted 20 - 0 in favor, to approve their previous action on the petition.

DCA07-DEC-194 by Gary Swartz, E-Z Taping System, Inc.

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

DCA07-DEC-252 by James DiPietro, Broward County Board of Rules and Appeals

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

First Hearings

DCA07-DEC-269 by Emil Veksenfeld, P.E.

Petition was dismissed due to requested information not being provided by petitioner.

DCA07-DEC-290 by David Hudson, AIA, Artech Design Group, Inc.

The Commission voted 19 – 1 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA08-DEC-002 by Scott Hampton, PE

The petition was deferred for additional information from the petitioner.

DCA08-DEC-004 by Karen Wallen Oliver, Wallen Service Corp

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

on the petition as presented.

Recess

The Commission voted unanimously, 21 - 0, to recess until 8:30 AM on Wednesday, December 12, 2007. The Commission recessed at 4:38 PM.

WEDNESDAY, JANUARY 30, 2008

Reconvene and Welcome

Chairman Rodriguez welcomed Commissioners, staff, and members of the public to day two of the January 2008 plenary session of the Florida Building Commission. The Chair noted that the Commission would focus on January’s substantive issues including a adoption of recommendations for inclusion in the Commission’s Report to the 2008 Legislature during day two of the plenary session.

Rule Development Workshop on Rule 9B-7, Accessibility Code

Chairman Rodriguez explained that the Commission needs to conduct rule development on the Accessibility Code regarding the accessible route width at the March meeting. The Chair noted that it would be preferable to proceed with rule adoption without conducting a rule development workshop in order to expedite the correction of the issue.

Commission Actions:

Motion—The Commission voted unanimously, 19 - 0 in favor, to conduct a rule adoption hearing on Rule 9B-7, the Accessibility Code Rule, at the March 2008 meeting for the purpose of correcting the accessible route width, and without a rule development workshop.

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, 20 - 0 in favor, to accept the report.

Motion—The Commission voted unanimously, 19 - 0 in favor, to a workshop on Accessibility Code interpretations and recommending whether the Commission should seek legislative authority to issue interpretations at the March 2008 Commission meeting. Commissioner Gross requested that all interests representing person’s with disabilities should participate (i.e., Accessibility TAC and Council members, advocacy groups and associations).

(See Commission Minutes for Committee report)

Code Administration TAC

Commissioner Wiggins presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

Energy TAC

Commissioner Greiner presented the Committee’s report and recommendations.

Commission Actions:

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

(See Commission Minutes for Committee report)

Commission Actions—Education POC:

Motion—The Commission voted unanimously, 21 – 0 in favor, to approve Florida Building Code advanced course: #264.0 and 263.0. (Note: each course was voted on individually.)

Product Approval POC

Commissioner Carson presented the Committee’s report and recommendations.

Commission Actions:

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

(See Commission Minutes for Committee report)

Commission Actions—Product Approval POC:

No additional Commission actions.

Wind Mitigation Workgroup Report and Recommendations

Chairman Rodriguez reported that at the June 2007 meeting the Commission conducted a rule development workshop on wind mitigation retrofits in order to implement the 2007 legislative direction regarding developing mitigation techniques for the retrofit of existing site-built residential buildings. In addition, at the request of stakeholders the Commission conducted a facilitated workshop in Tampa on August 8, 2007 and participants provided recommendations for the Commission’s consideration regarding the legislative directive. At the August 2007 meeting the Commission conducted a rule adoption hearing and voted to adopt the first edition of prescriptive techniques for required hurricane mitigation retrofit of homes by deck nailing, secondary water barriers installation, and roof to wall connections enhancement when a roof is replaced and voluntary gable end bracing in time for the Legislature’s mandated implementation date of October 1, 2007. The Commission also voted to support the Florida Roofing and Sheet Metal Association’s request that the Legislature delay implementation of the mitigation requirements. The Commission recommended that the Florida Legislature delay the implementation date to October 1, 2008 allowing adoption of the rule through the Commission’s Glitch Amendments to the 2007 Florida Building Code process. The reason(s) for the recommended delay included the issues identified by stakeholders during the rule adoption hearing (i.e., licensure issues, permitting issues, liability issues, inspection and enforcement issues, structural efficacy issues regarding the roof-to-wall requirements, and the need to conduct a comprehensive review and development of recommendations working with all interested stakeholders). In order to comply with the 2007 Legislature’s direction for an October 1, 2007 implementation date, at the August 2007 Commission meeting the Commission adopted Rule 9B-3.0475, Wind Mitigation retrofits. However, during the rule development process the public identified numerous concerns with some of the Rule’s requirement including the roof to wall connection provisions, and as a result the Commission acknowledged that the current draft needs enhancements and the Commission committed to working with stakeholders during the Glitch Code process to consider enhancements to the Rule. As a result I appointed 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 further explained that the Workgroup met after the Commission’s December 2007 meeting to develop recommendations regarding resolving the rule challenges. These recommendations were delivered to the Commission during a telephonic meeting held on January 8, 2008, and the Commission reached consensus on addressing the challenge(s) to the Rule. The Workgroup met again on Monday, January 28, 2008 for the purpose of evaluating options for enhancing the substantive aspects of the Rule I summarized previously. The Workgroup will continue to work with stakeholders to develop recommendations for enhancing the efficacy of the Rule.

Jeff Blair reported that during January 28, 2008 meeting the Workgroup reviewed and developed recommendations on comments submitted in response to the Rule language and settlement language. In, addition the Workgroup made two recommendations for the Commission’s consideration regarding proposed legislative changes for removing specific provisions from the law, and allowing the replacing and nailing of roof sheathing in the scope of practice for roofing contractors.

Commission Actions:

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

Motion—The Commission voted unanimously, 21 – 0 in favor, to recommend that the Legislature amend Section 553.844, F.S. regarding mitigation retrofits to provide the Commission with sufficient flexibility to work with stakeholders to amend the Wind Mitigation Rule, to ensure the Rule provides protections for homeowners, is enforceable by building officials, and understandable and implementable by industry,

consistent with Legislative intent. The Commission recommends that specific requirements be removed from the law in favor of the Commission working with interests to develop the mitigation techniques in the Code.

Motion—The Commission voted unanimously, 21 – 0 in favor, to recommend that the Legislature amend Chapter 489 F.S. regarding amending the scope of practice for roofing contractors to allow nailing and replacing roof sheathing.

Mr. Richmond reminded commissioners a Rule Adoption Hearing for February 26, 2008 had been approved during its telephone meeting January 8, 2008. The hearing will be held if requested.

Information of the project may be reviewed at the following web-link:

http://consensus.fsu.edu/FBC/wmw.html

Rule Adoption Hearing on Rule 9B-72

The chair reported that at the December 2007 meeting the Commission voted to conduct an additional rule adoption hearing on the Commission’s October 2007 adopted revisions to the Product Approval Rule, Rule 9B-72, without conducting a rule development workshop. There has been extensive rule development already and the Commission voted to adopt the final rule at the October 2007 meeting. However, in order to comply with procedural timelines for the rule development, the Commission is required to conduct another rule adoption hearing, and the hearing will be the final step in the process to implement enhancements to the system that have been well vetted over the past two years. The Chair remarked that the goal is to adopt the rule as previously adopted without change and not to discuss any additional changes at this point. The Chair noted that all aspects of the rule changes were thoroughly evaluated by Commission workgroups and the POC, and the Commission should implement the revisions to the Rule without any additional changes, as well as ensure that the related BCIS enhancements, which are now complete, are up and running in correlation with the rule changes as planned.

The Rule Adoption Hearing was opened and an opportunity was presented for public comment. At the conclusion of public comment an opportunity was offered for Commission discussion, and then the Commission took the following action:

Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor, to proceed with Rule Adoption for Rule 9B-72, Product Approval, by filing the Rule.

Rule Adoption Hearing on Rule 9B-70, Education

Chairman Rodriguez reminded the Commission that at the December 2007 meeting the Commission voted to conduct a rule adoption hearing on Rule 9B-70, Education Rule at the January 2008 Commission meeting. The Chair noted that the ~~workshop~~ hearing will consider discipline and revocation of accreditors, and the 120 day time frame for updating courses. The Chair explained that the Education POC has recommendations that will be read into the record once the hearing was opened.

The Rule Adoption Hearing was opened, Commissioner Browdy read the POC’s recommendations, and an opportunity was presented for public comment. At the conclusion of public comment an opportunity was offered for Commission discussion, and then the Commission took the following action:

Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor, that all advanced courses shall be updated no later than the effective date (enforcement date) of the Code in effect.

Motion—The Commission voted unanimously, 21 – 0 in favor, that accreditors may accredit advanced courses to the forthcoming Code version to meet the deadline requirements regarding updating advanced courses.

Motion—The Commission voted unanimously, 21 – 0 in favor, to proceed with rule adoption for Rule 9B-70, Education, integrating and noticing the approved changes and proceeding with rule adoption.

DCA Energy Code Recommendations

Chairman Rodriguez noted that the Department of Community Affairs has been working on some of the Energy related assignments from the Legislature regarding enhancements to Florida’s various energy policies and practices, and that Rick Dixon has been involved in the discussions and will provide the Commission with an overview of DCA’s recommendations.

The recommendations are designed to implement provisions to the Energy Code to comply with the

Governor’s 15% efficiency increase requirement for the Florida Energy Code.

Rick Dixon reported DCA’s specific recommendations for amending the Energy Code, and noted that achieving a 15% increase in efficiency in Florida residential buildings could be accomplished by changing the baseline efficiency levels for building components that establish the energy budget that must be met to comply with the Code, without mandating specific new efficiency levels that would be required to be used in all buildings. This recommended approach allows consumers to make choices regarding achieving the required performance level, based on cost effectiveness or an owners’ interests, without mandating specific provisions.

Following are the recommendations that were presented and adopted by the Commission:

For Residential Buildings:

Changes to performance baselines- Standard ducts to tight ducts, Low E to Lower E windows (SHGC = .40 to SHGC to .30), and

18% to 15% glass to floor area ratio.

For Commercial Buildings:

Use current ASHRAE design guides for Small Office, Small Mercantile and Schools to establish the energy budgets that must be met for compliance. Establish minimum glazing efficiency ratings.

Implement ASHRAE 90.1-2007 for other commercial occupancy buildings.

Commission Actions:

Motion—The Commission voted 18 – 1 in favor, to amend the Energy Code baselines for residential buildings to: Standard ducts to tight ducts, Low E to Lower E windows (SHGC = .40 to SHGC to .30), and 18% to 15% glass to floor area ratio.

Motion—The Commission voted 20 – 1 in favor, to amend the Energy Code for commercial buildings to: use current ASHRAE design guides for Small Office, Small Mercantile and Schools to establish the energy budgets that must be met for compliance, to establish minimum glazing efficiency ratings, and to implement ASHRAE 90.1-2007 for other commercial occupancy buildings.

Motion—The Commission voted unanimously, 21 – 0 in favor, to proceed with rule adoption to amend the Energy Code to implement provisions to comply with the Governor’s 15% efficiency increase for the Florida Energy Code by noticing a rule development workshop at the March 2008 meeting, and hearing if requested

at the May meeting.

Green Buildings Work Group Recommendations for Model Local Ordinance and Public Awareness Campaign

Chairman Rodriguez explained that one of the Commission’s assignments from the Legislature is to develop recommendations for developing and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green, and recommendations for a model efficiency ordinance for residential development. On October 1, 2007 a Forum was conducted and subsequent to that the Workgroup met three times to consider and evaluate a range of options for a model ordinance and a public awareness campaign and has completed their recommendations.

Jeff Blair reported that, the Green Building Workgroup worked with the Florida Solar Energy Center (FSEC) at the University of Central Florida to develop recommendations for a model efficiency ordinance for residential development. FSEC provided additional research and support by identifying and soliciting input from local governments and other organizations with current and developing initiatives for energy conservation, green building and sustainable development, including but not limited to, energy and water conservation and hurricane resistant buildings and communities.

The Green Building Workgroup worked with FSEC to develop recommendations for

developing and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green and has implemented the components deemed feasible within the funds available through the contract. The public awareness campaign includes website, trade

show, print media and television strategies. FSEC provided additional research and support by identifying strategies for using print advertising, press releases, and television advertising to promote voluntary utilization of energy efficiency and green building practices and presented recommendations to the Commission at the January 2008 meeting for approval. The campaign focuses on the benefits of promoting energy efficiency to the purchasers of new homes, the various green building ratings and labels available, and the promotion of various energy-efficient products through existing trade shows. The Workgroup met three times in 2007 and once in 2008 and developed a package of consensus recommendations for the Commission to consider at their January 2008 meeting. The Workgroup process commenced with a Forum where all participants were invited to provide their recommendations which were compiled and presented to the Workgroup for evaluation. The Workgroup met throughout the fall of 2007, and at the final meeting on January 16, 2008, was able to evaluate and reach consensus on a broad sweet of options regarding recommendations for a model efficiency ordinance for residential development, and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green. The Model Green Building Ordinance includes a comprehensive approach to energy and resource conservation. The Model Ordinance would be voluntary for use by local governments who desire to implement incentive based conservation and resource saving initiatives. The Model Ordinance addresses a broad spectrum of measures and provides a suite of options for each measure.

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

http://consensus.fsu.edu/FBC/GBW.html

Following question and answers, and discussion, the Commission took the following actions:

Commission Actions:

Motion—The Commission voted 18 – 13 in favor, to recommend the Model Green Building Ordinance to the Legislature as presented.

Motion—The Commission voted unanimously, 21 – 0 in favor, to accept the Public Awareness Campaign strategy. The Commission supports the goals and objectives of the strategy and recommends that the funding aspects be reviewed by DCA and the strategy be implemented in collaboration with other agencies and using any available existing resources.

Review of 2008 Legislation

Jim Richmond reviewed the status of legislative bills impacting the Commission, and answered member’s comments. Following is a matrix of the issues reviewed by the Commission:

Discussion and Adoption of Commission’s Report and Recommendations to the 2008 Legislature

Jeff Blair reviewed the Report and Recommendations with the Commission and following questions and answers and discussions, the Commission adopted additional recommendations to the Legislature. Chairman Rodriguez noted that once the Report was adopted by the Commission, and subsequently all of the adopted recommendations included in the Report, with Commission approval, the Chair will review and approve the final draft of the Report to the 2008 Legislature, ensure completeness and accuracy, and approve the Report for submittal to the Legislature.

Following question and answers, and discussion, the Commission took the following actions:

Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor, to recommend that the Legislature clarify in law the Commission’s authority to update editions of the National Electrical Code (NEC) as well as Florida specific amendments as needed, outside of the triennial code update cycle.

Motion—The Commission voted unanimously, 21 – 0 in favor, to adopt the Commission Report and Recommendations to the 2008 Legislature as revised by Commission actions, and to charge the Chair with reviewing and approving the final report prior to submittal to the 2008 Legislature.

The complete Report and Recommendations may be reviewed at the following link:

http://consensus.fsu.edu/FBC/fbc_reports.html

Following are the Commission’s recommendations to the 2008 Florida Legislature:

The Florida Building Commission’s Recommendations for Legislative Actions Designed to Improve the System’s Effectiveness are Summarized as Follows:

Ø The Commission, consistent with their policy regarding identification of specific standards in statute, recommends that ASCE 7-02 (via reference to IBC/IRC 2006), the minimum standard for wind resistant construction in the State, not be identified in Section 553.731, F.S., and recommends repeal of this provision.

Ø The Commission supports the Department of Children and Families’ (DCF) recommendation to amend Chapter 553.79(9) to place construction regulations for secure mental health facilities under the jurisdiction of DCF.

553.80 Enforcement.--

(1) Except as provided in paragraphs (a)-(f), each local government and each legally constituted enforcement district with statutory authority shall regulate building construction and, where authorized in the state agency's enabling legislation, each state agency shall enforce the Florida Building Code required by this part on all public or private buildings, structures, and facilities, unless such responsibility has been delegated to another unit of government pursuant to s. 553.79(9).

(a) Construction regulations relating to correctional facilities under the jurisdiction of the Department of Corrections and the Department of Juvenile Justice, and secure mental health treatment facilities under the jurisdiction of the Department of Children and Family Services, are to be enforced exclusively by those departments.

Ø The Commission supports the goal of the Energy Commission’s recommendation #LC-5 (“Long-Term Enhancements to the Florida Energy Code”) to increase the energy efficiency requirements of the Energy Code by at least 50%, but recommends that the time-frame for achieving the goal be indexed to the 2004 Edition of the Code instead of the Energy Commission’s recommended 2007 Edition of the Code. This would provide 15 instead of 12 years to accomplish the 50% increase in efficiency proposed, as well as acknowledge the enhancements effected by the Commission prior to the 2007 Update.

Ø The Commission, consistent with the Energy Commission’s and Green Building Workgroup’s recommendations, recommends the Florida Legislature amend Florida Statute to prohibit any state or local zoning or building authority, or homeowners’, cooperative or condominium association from preventing or restricting the use of building systems and construction practices promoting resource conservation. This would be an expansion of the Energy Commission’s recommendation # 17 regarding energy efficient roof designs.

Ø The Commission recommends that the Legislature amend Section 553.844, F.S. regarding mitigation retrofits to provide the Commission with sufficient flexibility to work with stakeholders to amend the Wind Mitigation Rule, to ensure the Rule provides protections for homeowners, is enforceable by building officials, and understandable and implementable by industry, consistent with Legislative intent. The Commission recommends that specific requirements be removed from the law in favor of the Commission working with interests to develop the mitigation techniques in the Code.

Ø The Commission recommends that the Legislature amend Chapter 489 F.S. regarding amending the scope of practice for roofing contractors to allow nailing and replacing roof sheathing.

Ø The Commission recommends that the Legislature clarify in law the Commission’s authority to update editions of the National Electrical Code (NEC) as well as Florida specific amendments as needed, outside of the triennial code update cycle.

Ø The Commission recommends that the Legislature direct the Department of Community Affairs (DCA) and the Department of Health (DOH) to work collaboratively to conduct a study regarding the sizing of residential private sewage systems, and to report recommendations to the 2009 Legislature. The study should include input from affected stakeholder interest groups.

The Florida Building Commission’s Recommendations Regarding Legislative Assignments are Summarized as Follows:

Ø Coastal Code Plus Criteria for Increasing the Hurricane Resistance of Buildings

The Commission recommends the following Coastal Code Plus criteria for use by Citizens Insurance:

· Single wind speed per county based on 2007 calculations for 500 year recurrence

interval hurricane.

· High Velocity Hurricane Zone wind-borne debris protection criteria- (per the 2007 Florida Building Code).

· Building elevations based on FEMA ~~2007 calculations for~~ 500 year recurrence interval hurricane flood elevations.

The Florida Building Code is referenced for all base requirements and further technical clarifications including specifics of the HVHZ WBD protection requirements. A table of design wind speeds and a set of elevation multipliers to be applied to coastal elevation standards are provided as modifications of the Code.

Ø Energy Code Evaluation for Residential Cost-Effective Baseline and Commercial Conservation Enhancements

In order to achieve a 15% increase in efficiency in Florida buildings, the Commission voted to accomplish the increase by changing the baseline efficiency levels for building components that establish the energy budget that must be met to comply with the Code, without mandating specific new efficiency levels that would be required to be used in all buildings. This recommended approach allows consumers to make choices regarding achieving the required performance level, based on cost effectiveness or an owners’ interests, without mandating specific provisions.

The Commission voted to implement the following baseline conservation enhancements to the Florida Energy Code:

Residential Buildings:

Standard ducts to tight ducts, Low E to Lower E windows (SHGC = .40 to SHGC to .30), and 18% to 15% glass to floor area ratio.

Commercial Buildings:

Use current ASHRAE design guides for Small Office, Small Mercantile and Schools to establish the energy budgets that must be met for compliance. Establish minimum glazing efficiency ratings.

Implement ASHRAE 90.1-2007 for other commercial occupancy buildings.

Ø Model Green Building Ordinance

The Commission recommends adoption of a Model Green Building Ordinance that includes a comprehensive approach to energy and resource conservation. The Model Ordinance would be voluntary for use by local governments who desire to implement incentive based conservation and resource saving initiatives. The Model Ordinance addresses a broad spectrum of measures and provides a suite of options for each measure.

2007 Annual Effectiveness Assessment Survey Results

Chairman Rodriguez noted that each year the Commission conducts an Effectiveness Assessment Survey to gauge the Commission’s perspective on a variety of issues. Over the years the survey input has been the basis for many enhancements to the Commission’s procedures. Jeff Blair reviewed the results of the Commission’s 2007 Effectiveness Assessment Survey with the Commission and answered member’s questions.

The complete survey results may be viewed at the following web link:

http://consensus.fsu.edu/FBC/fbc_documents.html

Additional Commission Actions

Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor, to notice telephonic conference calls for the purpose of reviewing and discussing legislative issues, as well as other business noticed for discussion. All will begin at 10:00 AM, and the dates are as follows:

· February 26, 2008

· March 3, 2008

· April 7, 2008

· April 21, 2008

· April 28, 2008

Commission Member Comment/Issues

Chairman Rodriguez invited Commission members to offer comments to the Commission.

Commission Member Comments:

Kim: Add energy to the report.

Bassett: Commission should solicit the public’s perspective on how well the Commission is functioning, in addition to the Commission’s self evaluation.

Griffin: ASHRAE standards and energy code and lighting requirements should be communicated to the design community and a required component of their licensing education requirements.

Norkunas: Some Commission decisions create adverse impacts to the disabled community and it is hard for them to attend meetings to express their concerns. An example of this is the Accessibility Waiver decision made on a Wendy’s waiver request at the December 2007 meeting. Commissioner Norkunas stated he was opposed to the Commission’s decision and believes the Commission waived a non- Florida specific requirement. He suggested he would like an alternative legal opinion from DCA’s and wanted to know how he could achieve standing to seek a judicial review of the decision, in the hope of having the decision repealed.

Norkunas: Expressed concern over possible conflicts of interest for members of the Accessibility TAC and/or Accessibility Waiver Advisory Council who advocate for clients on issues before the bodies.

Commission Member Agenda Items

Chairman Rodriguez invited Commission members to propose issues for the Commission’s next (March 2008) meeting.

Commissioner Browdy requested 20 minutes for the March 19, 2008 meeting to provide the Commission with a report on construction economic issues, including an overview of the current housing market.

General Public Comment

Chairman Rodriguez invited members of the public to address the Commission on any issues under the Commission’s purview.

Public Comments:

Wayne-Dalton representative: expressed concern over the Commission’s decision on the Coastal Code Plus criteria for increasing the hurricane resistance of buildings, and felt it would limit products used as shutters. He requested the Commission reconsider their decision.

Dave Olmstead: asked when the Report to the Legislature would be available.

Adjourn

The Commission voted unanimously, 21 – 0 in favor, to adjourn the meeting at 11:20 AM.

ATTACHMENT 2

COMMISSION’S UPDATED WORKPLAN AND MEETING SCHEDULE

(Adopted Unanimously January 29, 2008)

MEETING DATES

2007

February 5, 6 & 7 Cmsn Tampa Embassy Suites, USF

March 12, 13, 14 & 15 TACs St Augustine Casa Monica Hotel

March 26, 27 & 28 Cmsn St Augustine Casa Monica Hotel

May 6, 7, 8 & 9 Cmsn Tampa Embassy Suites, USF

June 24, 25, 26 & 27 Cmsn Miami Lakes Don Shula Hotel

August 20, 21 & 22 Cmsn Tampa Embassy Suites, USF

October 1, 2 & 3 Cmsn Tampa Embassy Suites, USF

December 10, 11 & 12 Cmsn Orlando Doubletree Hotel, Universal

2008

January 28,29 & 30 Cmsn World Golf Village, St. Augustine

March 17, 18 & 19 Cmsn Embassy Suites, Tampa

May 5, 6 & 7 Cmsn Crowne Plaza, Melbourne

June 23, 24 & 25 Cmsn Rosen Centre, Orlando

August 18, 19 & 20 Cmsn Naples Grande, Naples

October 13, 14 & 15 Cmsn Embassy Suites, Tampa

December 8, 9 & 10 Cmsn Embassy Suites, Tampa

2009

February 2, 3 & 4 Cmsn

February 23, 24 & 25 TACs

March 23, 24 & 25 Cmsn

May 11, 12 & 13 Cmsn

June 29, 30 & July 1 Cmsn

August 24, 25 & 26 Cmsn

October 12, 13 & 14 Cmsn

Nov 30, Dec 1 & 2 Cmsn

FLORIDA BUILDING COMMISSION 2008 WORKPLAN

1. Report to 2008 Legislature (Previous Task 35)

Commission identifies and receives draft recommendations 12/12/07

Commission finalizes recommendations 1/30/08

Commission report to 2008 Legislature 2/08

2. Glitch Amendments to the 2007 Florida Building Code (Previous Task 8.)

2007 Code published online 2/1/08

Printed 2007 Codes available to the public (Note: Code implemented 10/1/08) 3/1/08

Glitch amendment submittal DEADLINE 6/01/08

Rule development workshop 6/25/08

Rule adoption hearing 8/27/08

File Rule and post Supplement to website 9/5/08

Glitch Rule effective 9/27/08

2007 FBC effective 10/1/08

3. Amend the Florida Accessibility Code for Building Construction (Previous Task 10)

Rule development workshop 3/28/07

Rule adoption hearing 6/27/07

Supplementary Rule Adoption Hearing on Rule 9B-7.042 8/21/07

Rule Adoption Hearing on Rule 9B-7.003 8/21/07

Supplementary Rule Adoption Hearing on Rule 9B-7.042 10/3/07

Rule Filed 12/21/07

Rule adoption hearing 3/19/08

Rule Filed 4/08

Note: Code amendment is only conducted to integrate current chap 553, Part II, F.S. parking requirements

4. Develop Product Validation Criteria for Methods of Demonstrating Compliance with Code (Previous Tasks 12 and 31)

Meeting 2/7/06

Meeting 5/3&4/06

Meeting 6/1/06

Recommendations to Commission 7/11/06

Recommendations reviewed and approved by Commission 8/22/06

Rule adoption schedule approved for amending the rule 10/4/06

Product Approval POC review of draft rule 1/24/07

Rule Workshop 2/7/07

Supplemental Rule Workshop 3/28/07

Meeting with Window mfgrs regarding installation instruction info 4/10/07

template for PA application

Supplemental Rule Workshop 5/9/07

Propose disciplinary procedures for validators pursuant to new authority 6/27/07

added to law by 2007 Legislature (See Task 31)

Rule Adoption Hearing 6/27/07

Supplemental Rule Adoption Hearing 8/21/07

Supplemental Rule Adoption Hearing 10/03/07

Rule Adoption Hearing 1/30/08

Design and implement essential BCIS modifications 9/07- 12/07

Implement rule changes 2/08

5. Review and Address Code Administration Needs of Local Governments and Measures to Improve Uniform and Effective Enforcement of the Code (Previous Task 13)

Assessment survey design and research 5-7/07

On-line survey designed and conducted 7-9/07

Report on Assessment to the Commission 10/07

Review Assessment with Code Administration TAC 12/11/07

Code Administration TAC Develop Recommendations 1/08-3/08

6. Evaluate in-home waste water recycling in coordination with Department of Health and Department of Environmental Protection (Previous Task 14)

Staff investigate DOH concerns and determine statutory authorities 10-12/06

Department of Health meeting 2/12/07

DOH and DEP did not follow up on their stated concerns

7. Address implementation of the electrical systems requirements of the Energy Efficiency Code (Previous Task 15)

Forum for discussion of requirements and their implementation 7/10/06

Recommendations presented to the Commission 7/11/06

Education and outreach

Florida Board of Professional Engineers newsletter article

Florida Engineering Society publication article 10/06

Identification of Code enforcement and education issue by

Building Code Education and Outreach Council 9/27/06

Add notice to Commission’s website 9/06

Send notice to all parties registered on BCIS for electrical issues 9/06

Notice Building Officials via BOAF 9/06

BOAF Education Conference Course 5/07

Include in Education and Outreach Contract for FY 07-08 7/07

Outreach provided through project 8/07- 7/08

8. Develop Code-Plus criteria for insurance qualification (Previous Task 18)

Determine policy direction 2/07

Contract for development

Phase I 5/07

Reporting to HRAC 8/22/07

Phase II 7/07

Reporting to HRAC 9/30/07

HRAC finalize recommended criteria 9/30/07

Commission decides on performance goal 10/3/07

Commission finalizes recommendation 12/10/07

Present in report to 2008 Legislature 2/08

9. Load Side - Wind Pressure Research (Previous Task 19)

Commission approved redirection of WBD project Phase II 3/07

Amend contract with UF/ARA 4/07

Contract for Phase III 9/07

Progress reporting 9/30/07

12/10/07

1/30/08

Report on Phase III 5/08

10. Resistance Side – Component and Cladding & MWFRS Research (Previous Task 20)

Legislature appropriates funding 5/07

Contract with UF to conduct research 9/07

(Includes post hurricane building damage assessment survey contingency)

HRAC develops research priority list 1/08

Report on Phase III 5/08

11. Latent load management for energy conservation and humidity control (Previous Task 21)

Conduct workshop on energy efficiency and moisture control 2/28/07

Develop education and outreach plan and coordinate with 8/07 – 6/08

Education and Outreach Program Contractor

12. Develop a model energy efficiency ordinance for residential development (Previous Task 22)

Contract for support study 9/07

Public Input Forum 10/01/07

Establish work group of stakeholders 10/03/07

Work group meetings 10/31/07

11/28/07

1/16/08

Draft ordinance delivered by work group 1/30/08

Commission public hearings 1/30/08

Recommendation finalized for report to 2008 Legislature 1/30/08

Report to 2008 Legislature 2/08

13. Evaluate Florida Energy Code for: residential cost effective baseline; commercial conservation enhancements, and; comparison to IECC, ASHRAE 90.1 and 90.2 (Previous Task 23)

Contract for support study 9/07

Report from contractor 1/08

Recommendations developed for Commission 1/08

Department of Community Affairs recommendations to the Commission 1/08

Report to 2008 Legislature finalized 1/30/08

Report to 2008 Legislature delivered 2/08

14. Amend the Florida Energy Code to Require 15% More Efficiency in Buildings (Previous Task 37)

Note: Amendment to achieve Governor Crist’s directive of 15% increased efficiency by January 1, 2009 will be done using procedures of Part VI, chapter 553, F.S. The Energy Code will be amended by administrative rule authorized by that part then the revised Energy Code will be adopted into the 2007 Florida Building Code during the currently scheduled “glitch” cycle.

Evaluation of cost effective building component efficiencies completed 1/08

(See Task 13)

Department of Community Affairs recommendations to the Commission 1/08

Commission considers proposed amendments 1/08-2/08

Rule Development Workshop 3/08

Rule Adoption Hearing 5/08

Rule final 6/08

Adoption into 2007 FBC via “Glitch” cycle (See Task 2)

15. Develop and implement public awareness campaign on energy efficiency and benefits of Green Buildings (Previous Task 24)

Contract for support services 8/07

Public Input Forum 10/01/07

Establish work group of stakeholders 10/03/07

Work group meetings 10/31/07

11/28/07

1/16/08

Plan for website approved by Commission 10/03/07

Website identified and enhanced 9/07 - 12/07

Website launched 1/08

Public awareness campaign strategies approved by Commission 1/08

Project phase II initiated 2/08

16. Work with DCA to evaluate updated energy efficiency standards for energy using products (Previous Task 25 & 38)

DCA initiates rule proceeding 8/07

Enter into contract for study 9/07

DCA conducts Rule Development Workshop 10/18/07

Report from contractor 11/07

Recommendations finalized for report to 2008 Legislature 1/30/08

Report to 2008 Legislature 2/08

17. Develop mitigation techniques for retrofit of existing site-built residential buildings: (Previous Task 27)

Identify techniques for initial adoption 5/07-6/07

Commission initiates rule development for techniques & retrofit mandates 5/09/07

Rule development workshop 6/27/07

Non-rule workshop 8/8/07

Rule adoption hearing 8/22/07

Rule effective 10/10/07

Appoint Workgroup to refine requirements 10/3/07

Workgroup meets to recommend settlement for FRSA rule challenge 10/3/07

Commission holds telephone meeting to consider settlement 1/8/08

Workgroup meetings to refine mitigation techniques for Glitch Cycle 12/13/07

1/28/08

3/08

Submit for amendment of 2007 FBC during Glitch Cycle 5/08

Adopt techniques and retrofit mandates in 2007 FBC via Glitch Cycle

See Glitch Amendment Task 8 schedule

18. Electrical bonding and grounding for swimming pool decks (Previous Task 28)

Notify building departments/pool bonding alternative authorized by law 5/07

Develop alternative technique to NEC 5/07-6/07

Commission initiates rule authorizing alternative technique 5/09/07

Rule development workshop 6/27/07

Adopt the alternative in the 2007 FBC 8/22/07

Rule effective 10/1/07

Adopt alternative technique in 2007 FBC via Glitch Amendment Cycle 2008

See Glitch Amendment Task 8 schedule

19. Evaluate elimination of gravel and stone roofing systems (Previous Task 29)

Appoint Ad Hoc committee to evaluate the science, alternatives, 8/07

business impact and impact on birds

Contract with UF to provide technical assistance 9/07

Workgroup meetings to review data UF reports on literature search 12/10/07

1/08

3/08

Submit for amendment of 2007 FBC during Glitch Cycle 5/08

Amend 2007 FBC as determined by study in Glitch Cycle See Task 8

20. Implement requirements of law for carbon monoxide detectors (Previous Task 32)

Commission initiates special rule development and adoption for 5/9/07

buildings with fuel burning appliances, fireplaces or attached

garages and sleeping rooms

Rule development workshop 6/27/07

Mechanical and Electrical TACs decide how to reference from NEC 8/21/07

Rule adoption hearing 8/22/07

Rule effective 7/1/08

Adopt and implement above requirements and DBPR hotels with fuel 2008

fired boiler requirements in 2007 FBC in Glitch Cycle

See Glitch Amendment Task 8 schedule

21. Develop Instruction for Manufacturers Obtaining Product Approval via Associations (Previous Task 36)

Chairman refers issue back to POC to review existing rule for appropriate process 7/07

Recommendation to POC and Commission 10/07

22. Evaluate and Adopt the Development Process for the 2010 Florida Building Code (Previous Task 39)

Chairman appoints a study committee 1/08

Committee meets to review and develop recommendation 3/08 – 5/08

Commission conducts public hearing and adopts plan 5/08

2007 Legislature Directed Tasks Through Regular Session

CS/HB 7123 Energy

Action required:

Form Work Group and Develop model energy efficiency ordinance for residential construction.
Conduct study to evaluate cost effective baseline for Florida Energy Code residential requirements, determine cost effective standards for commercial buildings and compare to the International Energy Conservation Code and ASHRAE 90.1 and 90.2 in consultation with designated others.
Develop and implement a public awareness campaign on energy efficiency and benefits of Green Building in consultation with others.
Work with DCA to evaluate updated energy efficiency standards for energy using products

CS/HB 7057 Wind Loss Mitigation Studies and FBC Mitigation Requirements and Standards

Action required:

Consult with Office of Insurance Regulation on “lost cost relativities” study.
Develop mitigation techniques for retrofit of existing site-built residential buildings:

Prescriptive gable end bracing techniques
Secondary water barrier requirements and standards
Prescriptive roof-to-wall attachment techniques (not to exceed 15% of reproofing cost)
Strengthening/correction roof deck attachment/fastening
Opening protection

3. Adopt for site-built residential buildings by October 1, 2007:

o Mitigation techniques

o Requirement that roof replacement requires secondary water barrier and roof deck attachment/fastening

o Requirement that within WBD region roof replacement for buildings insured for $300K or more must also have roof-to-wall connections upgraded

o Requirement that any permitted activity valued at $50K or more for buildings located within the WBD region and insured for $750K or more must also provide for openings protection

4. Adopt in 2007 FBC:

Requirements of 2) and 3).

CS for CS for SB 2836 Building Code

Action required:

Electrical bonding and grounding for swimming pool decks:

Notify building departments about pool bonding alternative authorized by law.
Review swimming pool electrical bonding requirements of NEC and develop alternative technique.
Adopt a rule authorizing use of the alternative technique.
Adopt the alternative in the 2007 FBC.

Gravel or stone roofing systems

a) Determine and document the following if eliminate systems from Code:

o Scientific basis or reason for elimination

o An available alternative equivalent in cost and durability

o Whether elimination will unnecessarily restrict or eliminate business or consumer choice in roofing systems

o Whether elimination will negatively affect the nesting habitat of any species of nesting bird; coordination with Fish and Wildlife Conservation Commission

b) Adopt a rule by chap 120 to preserve use of gravel or stone roofing systems if the above conditions cannot be determined and documented

Warehouse expansion sprinkler requirements:

o Review modifications 2151, 2152, 2153, and 2492 and determine based on public comment if there is a continuing need for any Florida specific requirement of the Code the modifications seek to repeal

o Adopt or modify the modifications by chapter 120 only for inclusion in next edition of FBC

Energy Code evaluation-

o Conduct study to evaluate cost effective baseline for Florida Energy Code residential requirements, determine cost effective standards for commercial buildings and compare to the International Energy Conservation Code and ASHRAE 90.1 and 90.2 in consultation with designated others.

CS for CS for SB 1822 Carbon Monoxide Detectors

Action required:

Adopt a rule to require CO detectors in buildings with fossil fuel burning heater or appliance (including boiler in public lodging), fireplace, or attached garage and rooms used for sleeping purposes effective by July 1,2008.
Include requirements in next revision/(edition) of FBC.
Work with DBPR on chapter 4, FBC, Building requirements for public lodging buildings with both sleeping rooms and combustion fired boilers in the building.

CS for SB 404 Sprinkling Existing Portions of Warehouse Expansions

Action required:

Post notice of statutory requirement on website and notify building departments.
Include new provision of law in 2007 FBC update.

CS for SB 2498 Delayed Elimination of Design for Internal Pressure

Action Required:

Notification to building departments and industry.

2007 Legislature Directed Tasks Through Special Session

Florida Building Code Amendments:

Ø “…eliminate all exceptions that provide less stringent requirements.” than the 2006 IBC and IRC for wind-borne debris protection.

[HB 1A Section 10 (1)]

Citizens Insurance criteria for buildings built within 2500 feet of the coast after 2009:

Ø “…develop voluntary “Code Plus” guidelines for increasing the hurricane resistance of buildings.”

[HB 1A Sections 10 (2) and 21 627.351(6)(a)6.]

2006 Legislature Directed Tasks

Florida Building Code Amendments:

Ø Re-designate the Wind Borne Debris Protection Region for the Florida Panhandle

COMPLETED

2005 Legislature Directed Tasks

Florida Building Code Amendments:

Expedited Code Amendment

COMPLETED

Ø Shall by November 1, 2005, adopt the ICC provisions for ventless attic spaces. [Section 33 SB 442]

Ø Shall by November 1, 2005, recognize all alarms complying with UL 2017 for the pool alarm option compliance with swimming pool safety requirements of chapter 515 , F.S. [Section 32 SB 442]

Ø Shall consider how to address water intrusion and roof-covering-attachment weaknesses. [Section 34 SB 442]

Ø Shall review Modifications 569 and 570 adopted October 14, 2003 to IBC and repeal, modify or leave the same but 569 and 570 cannot go into effect until the review (leave the same) or rulemaking (modify or repeal) are completed. [Section 48 SB 442]

2004 FBC Glitch Amendments (2006 Annual Amendment to 2004 FBC)

COMPLETED (Implemented in the 2005 expedited Code Amendment)

Ø Shall amend the 2004 FBC to allow use of the area under mezzanines to be included in the calculation of total floor area when determining the maximum allowable mezzanine area in sprinklered S2 occupancies of Type III construction. Retroactive to the adoption of the 2001 FBC. [Section 44 SB 442]

Ø Shall modify Table 1014.1 of 2004 FBC maximum occupancy loads for R occupancies. [Section 46 SB 442]

Ø Shall amend section 1014.1.2 of 2004 FBC to exempt R1 and R2 occupancies from required distance between exits under certain conditions. [Section 46 SB 442]

2007 Florida Building Code Update

Ø Eliminate the “interior pressure design” option for buildings in the wind-borne debris regions consistent with the IBC and IRC.

Special Studies:

Ø Together with building officials from the area, review Hurricane Ivan damage and other data for the region from Franklin County to the Alabama border and issue a report of findings and recommendations to the Governor and 2006 Legislature. [Section 39 SB 442]

Ø Evaluate the definition of exposure category C and make recommendations to the Governor and 2006 Legislature. [Section 41 SB 442]

Ø Study the recommendation that the State be served by a single validation entity for state product approval. [Section 45 SB 442]

Other Tasks:

COMPLETED

Ø Develop a form by rule that is posted on a construction site and identifies all private providers that will be conducting inspections and their contact information. [Section 11 SB 442/ 553.791(4)(c)]

Ø Develop a form by rule for use on the Building Code Information System for petitioning for review of local building official decisions. [Section 9 SB 442/ s.553.775(3)(c)2.]

Ø Add design and construction related facility licensing requirements for Hospice Facilities. [HB 189]

FACILITATOR’S SUMMARY REPORT OF THE

JANUARY 29 - 30, 2008

COMMISSION PLENARY SESSION

SUPPLEMENT TO THE JANUARY 29 - 30, 2008 MINUTES

ST. AUGUSTINE, FLORIDA

Overview of Commission’s Key Decisions

Wind Mitigation Workgroup Report and Recommendations

Mr. Richmond reminded commissioners a Rule Adoption Hearing for February 26, 2008 had been approved during its telephone meeting January 8, 2008. The hearing will be held if requested.

Rule Adoption Hearing on Rule 9B-72

Rule Adoption Hearing on Rule 9B-70, Education

Ø Coastal Code Plus Criteria for Increasing the Hurricane Resistance of Buildings

FLORIDA BUILDING COMMISSION 2008 WORKPLAN

2. Glitch Amendments to the 2007 Florida Building Code (Previous Task 8.)