World Golf Village
500 South Legacy Trail
St. Augustine,
Florida 32092
Plenary Session
February 21, 2014
8:30 AM
COMMISSIONERS PRESENT:
Dick Browdy,
Chairman Robert
Hamberger
Hamid Bahadori Brian
Langille
Steve Bassett Beth
Meyer
James Batts Darrell
Phillips
Bob Boyer Bradley
W. Schiffer
Donald Brown Frederick
Schilling
Oscar Calleja Jim
Schock
Jay Carlson Drew
Smith
David Compton Jeff
Stone
Nan Dean Brian
Swope
Kevin Flanagan Tim Tolbert
COMMISSIONERS
NOT PRESENT:
Charles Frank Hermino
Gonzales
Jeffrey Gross
OTHERS PRESENT:
.
Jim Richmond Chris
Burgwald
Mo Madani April
Hammonds
Robert
Benbow Jim
Hammers
MEETING
FACILITATION:
The meeting was
facilitated by Jeff Blair from the FCRC Consensus Center at Florida State
University. Information at: http://consensus.fsu.edu/
FBC
Plenary Session
February
21, 2014
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Welcome:
Time: 8:30 am
Welcome Commissioners, staff, and
members of the public to St. Augustine and the February
21, 2014 plenary session of the
Florida Building Commission, the first meeting of the New Year. In addition to
considering regular procedural issues including product and entity approvals,
applications for accreditor and course approvals, petitions for declaratory statements,
accessibility waivers, and recommendations from our various committees, the primary focus of the February meeting is
to take final action pertaining to rule adoption for Product Approval rules,
and to receive an update on proposed legislation of interest to the Commission.
Members of the public are
requested to sign the attendance sheet on the speaker’s table in the
center of the room. In
addition, we have a sign-up sheet for general public comment. As
always, we will
provide an opportunity for public comment on each of the Commission’s
substantive discussion
topics . If you want to comment on a specific substantive Commission agenda
item, please come to the speaker’s table when the issue is up for consideration
so we know you want to speak. Public input is welcome, but should be offered
before there is a formal motion on the floor. Please remember to keep all
electronic devices turned off or in a silent mode. Thank you for your
cooperation.
There are also buff colored “Public
Comment Forms” on the speakers’ table that can be used to
provide written
comments. All written comments will be included in the Facilitator’s Summary
Report. Please give
your completed “Public Comment Forms” to Jeff Blair.
Some of the licensing boards
located within the Department of Business and Professional
Regulation have adopted rules
regarding continuing education credits for attending Florida
Building
Commission meetings and/or Technical Advisory Committee meetings. If your board
participates you may sign-in
on the kiosk laptop provided in the meeting room.
.
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Plenary Session
February
21, 2014
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Roll
Call:
Chairman Browdy performed roll
call, a quorum was met with twenty two members present.
Chairman Browdy requested that Jeff Blair cover the agenda items
for the meeting today.
Jeff Blair welcomed participants to
the February Plenary Session and introduced the agenda as follows:
Chairman Browdy requested a motion to approve the February
21, 2014 agenda as presented. A motion
was entered by Commissioner Schock and seconded by Commissioner Calleja, the
motion passed unanimously.
Jim Richmond addressed the
Commission advising of microphone issues including side bar conversations. He stated the meetings are streamed live and
the microphones are very sensitive, he cautioned the Commissioners to be sure
the microphones are in the off position until they are ready to address the
Commission on issues.
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Plenary Session
February
21, 2014
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Approval of the December 13, 2013
Facilitator’s Summary Report and Meeting Minutes:
Chairman Browdy requested a motion
to approve the December 13, 2013 Facilitator’s Summary Report and Meeting
Minutes as presented/posted.
Commissioner Brown entered a Motion to approve the December 13, 2013
Facilitator’s Summary Report and Meeting Minutes as presented. Commissioner Schilling seconded the
Motion. The Motion passed unanimously.
Chairman’s
Discussion Issues and Recommendations:
Chairman Browdy stated that he
wanted to thank Phillip Wisley for his dedicated and outstanding service to the
Special Occupancy TAC and welcomed Ken Cureton as a new TAC member. Chairman Browdy provided background on Mr.
Cureton and advised the Commission that he was previously an employee with the
Commission Office at DBPR as a Planning Analyst bringing experience to the TAC.
Legislative
Updates:
Chairman Browdy advised each year
the Commission schedules a series of teleconference meetings to receive updates
and provide any needed guidance and/or recommendations to staff pertaining to
proposed legislation of interest to the Commission. Typically the calls are on
Mondays and start at 10:00 AM. It will be important that Commissioners
participate and also we need to ensure we have a quorum for each meeting. Thank
you in advance for your commitment. The following is the proposed schedule for
the 2014 Legislative Session Commission teleconference meetings schedule:
March 10, March
24, April 7, April 28, May 12, 2014
Chairman Browdy stated if there
is no further discussion, Commissioners I would ask for a Motion to approve the
schedule for 2014 Legislative Session Commission teleconference meetings.
A motion to approve the 2014
Legislative Session Commission teleconference meetings schedule was entered by
Commissioner Boyer and seconded by Commissioner Schock. The motion passed unanimously.
Chairman Browdy requested that
Jim Richmond provide an explanation of the Commission’s role in the Legislative
process.
Jim Richmond provided a
description of the role of the Commission in the Legislative process and
provided the Florida Building Commission laws and how they work in the system.
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Plenary Session
February
21, 2014
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Legislative
Updates:
Mr. Richmond provided the
following additional information:
Chairman Browdy stressed the importance
of participation on the legislative calls.
Commission
Meeting Dates/Locations FY 2014-2015
The remaining meeting dates and
locations for the current fiscal year (2013-2014) ending June 30,2014 are:
April 17, 2014 at the Gaylord
Plaza Orlando
June 19-20, 2014 at the Hilton
Daytona Beach
Following are the Commission
meeting dates for fiscal year 2014-2015:
August 22, 2014
October 17, 2014
December 12, 2014
February 20, 2015
April 17, 2015
June 19, 2015
The Commission meeting dates and
locations are posted to the BCIS under the Florida Building
Commission tab, and then the
Meeting Locations tab.
Accessibility
Waiver Applications:
Chairman Browdy advised the Commission
will now consider this month’s requests for accessibility waivers. April Hammonds will serve as
legal counsel and present the Accessibility Advisory Council’s recommendations.
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Plenary Session
February
21, 2014
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6
Accessibility Waiver Applications (cont.):
April
Hammonds, Accessibility Advisory Council legal advisor, presented the
Accessibility Advisory Council’s provided the recommendations of the Council to
the Commission.
KLKS,
LLC
7175
South West 47 Street, Miami - Council
recommended granting based on disproportionate cost.
Commissioner Schock entered a motion to approve the waiver;
Commissioner Meyer seconded the motion, the motion passed unanimously.
South
Beach Hotel 236 21st Street, Miami Beach - Council recommended granting based on disproportionate cost and historical
grounds.
Commissioner Schiffer entered a motion to approve the waiver;
Commissioner Smith seconded the motion, the motion passed unanimously.
Delta
Investment Group 107 South West 7th Street, Gainesville -
Council recommended granting based on
disproportionate cost.
Commissioner Schock entered a motion to approve the waiver;
Commissioner Schiffer seconded the motion, the motion passed unanimously.
Haddon
Hall Hotel and the Campton Apartments 1500 Collins Avenue and 1455
Washington Avenue, Miami Beach - Council recommended granting based on historical grounds and technical
infeasibility.
Commissioner Schiffer entered a motion to approve the waiver;
Commissioner Schilling seconded the motion, the motion passed unanimously.
Fred
Schweitz, Too Your Health Spa,
995 South Highway 27/441, Ocala – Council recommended deferral until next
meeting to provide electronic version of the application.
Commissioner Schock entered a motion to defer the waiver; Commissioner
Meyer seconded the motion, the motion passed unanimously.
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Plenary Session
February
21, 2014
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Accessibility Waiver Applications (cont.):
Gould
Business Center Buildout 587 West Eau Gallie Boulevard, Melbourne - Council
recommended granting based on technical infeasibility and
disproportionate costs.
Commissioner Schiffer entered a motion to approve the waiver;
Commissioner Smith seconded the motion, the motion passed unanimously.
Alpha
Delta Pi Sorority 537 West
Jefferson Street, Tallahassee - Council recommended deferral until next meeting
to provide additional information including cost breakdown and determination of
ownership of the property.
Commissioner Meyer entered a motion to defer the waiver; Commissioner
Brown seconded the motion, the motion passed unanimously.
New
Staff Introduction:
Chairman Browdy asked that Mo
Madani introduce new staff member.
Mr. Madani introduced the new
staff member Robert Benbow as lead for the product approval process. Chairman Browdy welcomed Robert to the staff.
Applications
for Product Entity Approval:
Applications
for Product and Entity Approval
Chairman Browdy requested
Commissioner Stone report on the POC’s recommendations for entity approvals and
the consent agenda for products recommended for approval. He stated the
presentation will start with the consent agenda followed by entity approval
applications, and conclude with discussion items. Chairman Browdy stated
Commissioner Stone will now present the applications on the consent agenda and
entity approval applications.
Commissioner Stone advised the
Product Approval Oversight Committee met on Thursday, February 6, 2014 via
conference call with a quorum present.
Commissioner Stone entered a
motion to approve the consent agenda of 88 products as submitted; Commissioner
Dean seconded the motion, the motion passed unanimously.
Commissioner Stone entered a
motion to approve 10 product entities on the consent agenda, Commissioner Dean
seconded the motion, the motion passed unanimously.
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Plenary Session
February
21, 2014
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Applications
for Product Approval (cont.):
Commissioner Stone then referred
the discussion items, several which were related to the same issue.
Jeff Blair introduced 1663-R1
stating recommended approval by the POC.
Commissioner Stone entered a
motion to approve product 1663-R1, Commissioner Dean
seconded the motion, the motion passed unanimously.
Jeff Blair introduced the
following products for approval by the Commission:
1663-R1- Commissioner
Stone entered a motion to approve product 1663-R1, Commissioner Dean seconded
the motion, the motion passed unanimously.
16749- Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
15894-R2- Commissioner
Stone entered motion to conditionally approve as recommended by the POC, Commissioner
Dean seconded the motion passed unanimously.
16725- Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
3504-R-5 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC, Commissioner
Dean seconded the motion passed unanimously.
15892-R3
- Commissioner
Stone entered motion to conditionally approve as recommended by the POC, Commissioner
Dean seconded the motion passed unanimously.
16057-R1 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16707 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16717 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16718 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC;
Commissioner Dean seconded the motion passed unanimously.
16722 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16723 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC;
Commissioner Dean seconded the motion passed unanimously.
16730 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC;
Commissioner Dean seconded the motion passed unanimously.
16732 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16733 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
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Plenary Session
February
21, 2014
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Applications
for Product Approval (cont.):
16736 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner Dean
seconded the motion passed unanimously.
16739 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16742 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16758
- Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
16767 - Commissioner
Stone entered motion to conditionally approve as recommended by the POC; Commissioner
Dean seconded the motion passed unanimously.
Applications
for Accreditor and Course Approval:
Chairman Browdy requested that
Commissioner Dean present the Education POC’s recommendations regarding
applications for accreditor and course approval.
Commissioner Dean provided the
following two Courses from the POC for Commission action:
635.0
– Commissioner
Dean entered a motion to approve the Advanced Accredited Course, Commissioner
Stone seconded the motion, the motion passed unanimously.
477.0
– Commissioner
Dean entered a motion to approve the Administratively Approved Self-Affirmed
Course, Commissioner Stone seconded the motion, the motion passed unanimously.
Petitions
for Declaratory Statement:
Chairman Browdy asked April
Hammonds, Legal Counsel for the Commission if there were any other legal issues
or legislative issues in addition to the declaratory statement requests.
Ms. Hammonds stated there were no
legal issues to discuss.
Chairman Browdy requested that
Ms. Hammonds present the declaratory statements.
DS
2013-123 by Garland Patterson, PE
Ms. Hammonds recommended
dismissal as legally insufficient because the petition failed to include
particular facts and circumstances.
Commissioner Carlson entered a
motion to dismiss the petition; Commissioner Bassett seconded the motion, the
motion passed unanimously.
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Plenary Session
February
21, 2014
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Petitions
for Declaratory Statement (cont.):
DS2014-002
by Gulf Coast Supply and Manufacturing, LLC.
Ms. Hammonds read the petition and
recommended response as follows:
To the question #1: Does Table
153.2 set forth the minimum thickness requirements used on metal roof systems,
even though thinner metal roofing panels are acceptable per Table 1507.4(3)?
Answer: Yes. Table
1503.2 is specific to the type and gage of flashing that it is to be utilized
and does not differentiate based on types of roof covering to be used.
To the Question #2: Do what we in
the industry call “Trims” (eve drips, wall trims, ridge caps,
preformed valleys, etc.) qualify
as flashings, seeing they are always installed at the locations listed in
1503.2.1?
Answer: Yes. As long as
the items in question are covered within the scope of section 1503.2 of the
Florida Building Code.
Commissioner Swope entered a motion to
approve the response from legal; Commissioner Schock seconded the motion, the
motion passed unanimously.
Notice of Correction, Product Approval, Rules
61G20-3.001and61G20-3.002:
Chairman Browdy explained at the October
18, 2013 meeting the Commission conducted a rule development workshop
pertaining to Product Approval Rules 61G20-3.001, 3.002, and voted to proceed
with rule adoption for Product Approval Rules 61G20-3.001 and Rule 3.002, to
approve the Statement of Estimated Regulatory Costs (SERC), and to conduct a
rule adoption hearing only if requested.
In the course of reviewing the
final rule the Joint Administrative Procedures Committee (JAPC)
noted that the Commission needs
to correct a technical deficiency in the notice published in the
Florida Administrative Register
(FAR).
Chairman Browdy provided the
following correction information for the Commission:
“The agency has determined that
the proposed rule is not expected to require legislative ratification based on
the statement of estimated regulatory costs or if no SERC is required, the
information expressly relied upon and described herein: The Department
conducted an analysis of the proposed rule’s potential economic impact and
determined that it did not exceed any of the criteria established in Section
120.541(2)(a), F.S.”
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Plenary Session
February
21, 2014
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Legislative
Report:
Chairman Browdy stated that Jim
Richmond would provide the Commission with a briefing regarding the proposed
legislation of interest to the Commission for the 2014 Legislative
Session. He advised the bill of interest
is HB 593, a bill entitled: “An act
relating to building construction.”
Mr. Richmond stated that on the
19th the Senate counterpart to this bill was filed. He advised for those Commissioners not
familiar, there are two chambers of the Legislature, there are companion bills
that travel through each house, the House and the Senate have to match up to
pass. He said that HB 593 was filed back
in January and it has been referred to a few sub-committees and is still awaits
its first hearing, before the House DBPR subcommittee. He advised that the Senate counterpart that was
filed on the 19th is SB 1106.
Mr. Richmond advised he has not
yet completed the comparison of the two bills to see the differences. He further stated that sometimes it is just a
difference in language used and provided examples. He will review and provide the differences
and path taken before going to the floor/chamber for a vote.
Mr. Richmond said HB 593 has not
yet been reviewed and analyzed. He stated
the first section of the bill relates to local general enforcement practice,
not building code enforcement, but does permit the local office to use a
simplified method of notifying people of complaints. This does not have an impact on our process.
Mr. Richmond then provided the
Commission with detail of HB 593.
There was discussion among the
Commission and staff on the changes.
Committee Reports and Recommendations:
Chairman Browdy asked Committee Chairmen,
to confine their TAC/POC reports to a brief summary of key issues and
recommendations, emphasizing any issues requiring an action from the
Commission. Please frame any needed Commission action in the form of a
motion. There is no need to read the
TAC/POC minutes since the complete minutes will be linked to the committees’ subsequent
meeting agendas for approval by the respective committees.
Accessibility
Advisory Committee in conjunction with the Accessibility Technical
Advisory Committee
Chairman Browdy advised Commissioner was
not present to provide the summary of the TAC/Advisory Council meeting of February
10, 2014 via teleconference.
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Plenary Session
February
21, 2014
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Committee
Reports and Recommendations (cont.):
Jim Richmond, provided the report for
this meeting to the Commission for their consideration.
Commissioner Meyer entered a
motion to approve the TAC report, Commissioner Schiffer
seconded the motion, the motion passed unanimously.
Education
Program Oversight Committee
Commissioner Dean provide brief
summary of the POC meeting of February 12, 2014 held via teleconference.
Commissioner Dean entered a motion
to approve the POC report, Commissioner Stone seconded the motion, the motion
passed unanimously.
Commissioner Dean entered a
motion to approve recommendation of the POC to approve all technical changes
requested by the Office of Fiscal Accountability Rule Reform (OFAR) made to the
already proposed language changes to Rule 61G20-6.005, F.A.C. This will change the title of the form, form
number and effective date line addition in a new link on BCIS. Commissioner Smith seconded the motion, the
motion passed unanimously.
Mechanical
Technical Advisory Committee
Commissioner
Bassett provided a brief summary of the TAC meeting held February 7, 2014 via
teleconference.
Commissioner
Bassett entered a motion to approve the TAC report and any recommendations, the
motion was seconded by Commissioner Calleja, the motion passed unanimously.
Product
Approval Program Oversight Committee Complaint
Update
Commissioner Stone provided a brief summary of the TAC meeting held February 6, 2014 via
teleconference.
Commissioner
Stone entered a motion to approve the POC report and any recommendations,
Commissioner Smith seconded the motion, the motion passed unanimously.
Roofing
Technical Advisory Committee
Commissioner Swope provided a brief
summary of the TAC meeting of February 6, 2014 via teleconference.
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Plenary Session
February
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Committee
Reports and Recommendations (cont.):
Roofing
Technical Advisory Committee (cont.)
Commissioner Swope entered a motion to
approve the TAC report and any recommendations, Commissioner Batts seconded the motion, the motion passed unanimously.
General Public Comment:
Jack Glenn representing himself, asked
staff to take a look at the staff link on BCIS, he said that the link goes to
surcharge contact and not the entire staff.
Commission Member Comments and Issues:
Commissioner Bassett provided a picture
for the Commission and public participants from the past. He stated in the beginning it was much
different back then the meetings were monthly and usually lasted 5 days to
include the weekend. He stated the
picture was taken the day the Governor signed the original Florida Building
Code into existence and these were the people that were there.
Commissioner Tolbert reminded the
Commission of the accomplishment of FSU‘s latest victory.
Chairman Browdy congratulated the FSU
Seminoles of their National Win.
Adjournment:
Chairman Browdy adjourned the meeting at
10:31 am.