MAY 2006 MEETING
May 1, 2, 3 and 4, 2006
Sheraton Safari Hotel
12205 S. Apopka-Vineland Road
Orlando , Florida 32836
407-239-0444
OBJECTIVES
Commission
• To Consider Regular Procedural Issues: Approval of March 21& 22, 2006 Meeting Minutes and Facilitator's Report
• To Receive Reporting on the Panhandle Wind Borne Debris Study
• To Consider/Decide on Chair's Discussion Issues/Recommendations
• To Review and Update the Workplan
• To Conduct a Supplemental Hearing on Rule 9B-1, Manufactured Buildings
• To Consider/Decide on Accessibility Waiver Applications
• To Consider/Decide on Approval of Products and Product Approval Entities
• To Consider/Decide on Other Legal Issues and Declaratory Statements
• To Receive an Update on the 2006 Legislative Session
• To Receive/Decide on Code Amendment Process Review Work Group Recommendations Regarding the 2007 FBC Update Proceeding
• To Consider/Decide on Accessibility, Code Administration Technical Advisory Committees (TACs), Product Approval/Prototype Buildings/Manufactured Buildings and Education Program Oversight Committee (POC Reports/Recommendations)
• To Consider/Decide on TAC Recommendations Regarding 2006 Glitch Amendments to the 2004 FBC
• To Discuss Commissioner Issues
• To Receive Public Comment
• To Review Committee Assignments and Issues for the Next Commission meeting
Committees
• To Consider/Recommend Declaratory Statements
• To Consider/Recommend Action on Petitions for Waiver of Accessibility Requirements
• To Consider/Recommend Action on Approval of Products and Entities
• To Consider/Recommend Action on Education Course Approvals
8:00 - 12:00 Product Approval POC
9:00 - 12:00 Accessibility Advisory Council
9:00 - 12:00 Education Course Accreditation Workshop
12:00 Lunch
1:00 - 2:00 Accessibility Advisory Council
1:00 - 2:00 Code Administration TAC
2:30 - 4:00 Product Approval Training
2:30 - 5:00 Accessibility TAC
3:00 - 5:00 Education POC
COMMISSION PLENARY SESSION
TUESDAY, MAY 2, 2006
8:30 Welcome
8:35 Review and Approve Agenda
8:40 Review and Approve March 21 & 22 Meeting Minutes and Facilitator's Report
8:45 Report on Panhandle Wind Borne Debris Study (Dr. Larry Twisdale, ARA and Dr. Kurt Gurley, THE University of Florida )
10:00 Chair's Discussion Issues and Recommendations
10:15 Review and Update of Commission Workplan
10:25 Supplemental Hearing on Rule 9B-1, Manufactured Buildings
10:30 Consider Accessibility Waiver Applications
1. Florida Marines Agency Shipping Lines
7. Legal Services of North Florida
10:50 Consider Applications for Product and Entity Approval
11:20 Consider Legal Issues and Petitions for declaratory statement:
Declaratory Statements:
Second Hearings- Legal Report
DCA05-DEC-219 by Dr. Humayoun Farooq, PE, Al-Farooq Corporation xxComments
DCA06-DEC-014 by Kevin McGrath, P.E. for Four Seasons Solar Products, LLC
DCA06-DEC-067 by Joseph Hetzel, P.E., DASMA
DCA06-DEC-068 by Jack Glenn,CBO for Florida Home Builders Association
DCA06-DEC-072 by Diego Rivera for Diritec Corporation
First Hearing- Legal Report
DCA06-DEC-092 by Dennis Fischer, Building Official, City of Edgewater
DCA06-DEC-094 by James V. Miller, President, QMI Security Solutions XStaff recommendation
12:00 Lunch
1:00 Update on 2006 Legislative Session
1:20 Report on Code Amendment Process Review Work Group Recommendations for 2007 FBC Update
1:40 Consider Committee Reports and Recommendations:
Accessibility Advisory Council
2:00 Consider Proposed 2006 Glitch Amendments to the 2004 FBC and TAC recommendations beginning
NOTE: All parties should plan to stay late Tuesday evening. The Commission will determine how late to review TAC recommendations based on the number and difficulty of the yet to be considered amendment proposals remaining at 5:30 pm. See addendum for amendment review order and procedure.
COMMISSION PLENARY SESSION, Continued
Note: The Commission encourages public participation. Timing of agenda items can vary depending on the amount of public comment received. Therefore, all times are approximate and subject to change.
WEDNESDAY, MAY 3, 2006
8:30 Reconvene and Welcome
8:35 Review and Approval of Agenda
8:40 Reconvene Review of Proposed 2006 Glitch Amendments to 2004 FBC and TAC Recommendations (as necessary)
At Conclusion of Glitch Amendment Review
Commission Member Comments and Issues
General Public Comment
Review Committee Assignments and Issues for the July 10, 11 & 12, 2006 Commission meeting
Summary Review of Meeting Work Products
Adjourn
WEDNESDAY, MAY 3, 2006
1:00 Product Approval Validation Work Group
Recess
THURS DAY, MAY 4, 2006
8:30 Product Approval Validation Work Group
12:00 Adjourn
CODE AMENDMENTS REVIEW ORDER AND PROCEDURE
REVIEW ORDER:
TAC Recommendations Florida Building Code
Code Administration Chapter 1
Special Occupancy Chapter 4
Accessibility Chapter 11
Energy Chapter 13
Electrical Chapter 27
Mechanical Chapter 28
Mechanical/Structural
Mechanical/Fire
Plumbing Chapter 29
Fire Chapters multiple
Structural Chapters multiple
REVIEW PROCEDURE:
COMMISSION'S ADOPTED 2006 ANNUAL INTERIM/GLITCH CODE AMENDMENT CONSIDERATION PROCESS
CONSIDERATION PROCESS FOR REVIEWING PROPOSED AMENDMENTS TO THE FLORIDA BUILDING CODE
(Adopted Unanimously March 22, 2006)
REVIEW OF AMENDMENTS FOR CONFORMANCE TO GLITCH CRITERIA
The Commission voted unanimously that only amendments related to hurricane
provisions, glitch, and standards updates and correlation issues will be considered
during the 2006 Annual Interim Amendment “Glitch” process.
Staff reviewed each amendment that was recommended for approval by the TAC's, as submitted and as amended. The compiled list of amendments meeting
the “Glitch” criteria was then vetted through Members of the Commission's Correlation Committee (the Commission's building and fire official members) for corroboration. The final list are those amendments that members of the Correlation Committee recommend meet the “Glitch” criteria.
FOUR PACKAGES OF AMENDMENTS IN SEVEN CODE SUBJECT AREAS
For each TAC (Code subject area) four packages of amendments (3 consent agendas and 1 discussion agenda) will be considered. Amendments will be considered in the following order: Code Administration, Electrical, Energy, Fire, Mechanical (including Joint Mechanical/Structural and Joint Mechanical/Fire), Plumbing/Fuel Gas, and Structural. Residential and Existing Building will be considered in each Code subject area.
TAC RECOMMENDS APPROVAL AS SUBMITTED MEETS GLICTH CRITERIA—CONSENT AGENDA
• Amendments that received at least a 75% approval vote by the TAC (and have not been amended) will be on a consent agenda.
• Commission will solicit public comment on consent agenda amendments.
• Any Commission member may pull off any amendment for separate consideration on the discussion agenda.
• Commission will move to approve the consent agenda following opportunity for Commissioner's to remove specific amendments for individual consideration.
• The standing motion to approve will be used to approve the consent agenda package, a second will be required in order to vote for the amendment.
TAC RECOMMENDS APPROVAL AS AMENDED BY THE TAC MEETS GLITCH CRITERIA—DISCUSSION AGENDA
• Each proposed amendment will be considered individually.
• Public comment will be solicited.
• Following public comment, the Commission will request a second to the standing motion to approve and will require a 75% favorable vote for approval and subsequent amendment of the Florida Building Code.
• Once a motion is made, the floor is closed to public comment, except for requests by Commissioners as allowed by the Commission Chair for purposes of clarification.
• The standing motion to approve will be in effect, a second will be required in order to vote for the amendment.
DOES NOT MEET “GLICTH” CRITERIA (TAC RECOMMENDED APPROVAL) CONSENT AGENDA
• Amendments that achieved a 75% favorable vote, and therefore were recommended for approval but are found not to meet the “Glitch” criteria requirements, will be on a consent agenda for a negative roll-call.
• Commission will solicit public comment on consent agenda amendments.
• Any Commission member may pull off any amendment for separate consideration on the discussion agenda.
• A second to the standing motion will be solicited in order for the Commission to unanimously vote in the negative on the package of proposed amendments (Negative roll-call).
NO RECOMMENDATION TO APPROVE BY TAC—CONSENT AGENDA
• Amendments that did not achieve a 75% favorable vote, and therefore were not recommended for approval, will be on a consent agenda for a negative roll-call.
• Commission will solicit public comment on consent agenda amendments.
• Any Commission member may pull off any amendment for separate consideration on the discussion agenda.
• A second to the standing motion will be solicited in order for the Commission to unanimously vote in the negative on the package of proposed amendments (Negative roll-call).
Note: Only Commission Members May Pull Amendments For Individual Consideration—No Automatic Courtesy Pulls. Items Pulled From The “No Recommendation To Approve” And “Does Not Meet Glitch” Agendas Must Have Discussion On Why They Are A Glitch Modification.
STANDING MOTION TO APPROVE AMENDMENTS TO THE FLORIDA BUILDING CODE
Move to recommend approval of the proposed amendments by the Florida Building Commission (as presented by the TAC's) based on the following findings:
A. The amendment has a reasonable and substantial connection to the health, safety, and welfare of the general public;
B. The amendment does not degrade the effectiveness of the Code and either strengthens or improves the Code or provides for innovation or new technology by allowing equivalent or better products, methods, or systems of construction;
C. The Amendment does not discriminate against products, methods, or systems of construction of demonstrated capabilities;
D.The Amendment has the following fiscal impact:
1. The fiscal impact of enforcement imposed upon local government is as indicated by TAC's review.
2. The fiscal impact of compliance imposed upon property and building owners is as indicated by TAC's review.
3. The fiscal impact of compliance imposed upon industry is as indicated by TAC's review.
E. The Amendment's benefits noted with regard to fiscal impact and efficacy outweigh the costs imposed.
F. The Amendment addresses a Florida-specific need.
G. Commission Criteria: The amendment addresses hurricane response issues, corrects glitches, or updates standards.
FBC AMENDMENTS
FBC amendments to proposed amendments: require additional public comment, and FBC analysis of findings, rationale, and fiscal impact.
FBC CODE AMENDMENT REVIEW PROCESS
MAY 2006
AMENDMENT REVIEW AND CONSIDERATION PROCESS
• Facilitator will serve as the moderator.
• One person speaks at a time.
• Limit your comment and be concise.
• Do not read lengthy prepared statements; Summarize and submit complete comment text for the record.
• Offer new points or state agreement with previous speakers; Please do not repeat what has been stated.
• The FBC wants to hear all view points, but not repeats of the same views.
• Facilitator will assist with process and groundrules.
• Facilitator will introduce each amendment.
• Proponents of proposed amendment will speak first.
• Opponents of proposed amendment will follow proponents.
• Each side (proponent/opponent) will be allowed one counterpoint opportunity.
• Standing motion to approve will be in effect.
• FBC will vote in favor of the Standing Motion to Approve (found on the next page) prior to considering proposed amendments.
• Four findings: rationale, Florida specific need, and fiscal impact data reviewed; and, Commission criteria: glitch, standards, and hurricane provisions.
• Clarifying questions by FBC members only.
• Staff, proponent, or specified commenter will respond to FBC Member's questions.
• Once a motion (second to the standing motion) is on the floor, discussion is limited to FBC members except as allowed by the Chair.
• FBC amendments to proposed amendments: require additional public comment (speaking only to the amendment), and FBC analysis of findings, rationale, and fiscal impact.
• A standing motion to approve will be in effect, a second is required in order to vote for the amendment—Only motions to approve may be considered.
• Motions to deny are not allowed by Commission Rules.
• All amendments not on a consent agenda must be voted on individually.
• Motions require a 75% favorable vote for approval; those with less than a 75% favorable recommendation, are recommended for denial.