FLORIDA BUILDING COMMISSION

 

FACILITATOR’S SUMMARY REPORT OF THE

MAY 6 - 7, 2008

COMMISSION PLENARY SESSION

SUPPLEMENT TO THE MAY 6 - 7, 2008 MINUTES

 

MELBOURNE, FLORIDA

 

 

Meeting Design & Facilitation By

 

 

Report By Jeff A. Blair

Florida Conflict Resolution Consortium

Florida State University

 

 

mailto:jblair@fsu.edu

http:// consensus.fsu.edu

 

 

This document is available in alternate formats upon request to Dept. of Community Affairs, Codes & Standards, 2555 Shumard Oak Blvd., Tallahassee, FL 32399, (850) 487-1824.


FLORIDA BUILDING COMMISSION

 

SUPPLEMENT TO THE MAY 6 - 7, 2008 MINUTES

 

Overview of Commission’s Key Decisions

 

TUESDAY, MAY 6, 2008

 

Welcome

Chairman Rodriguez welcomed the Commission, staff and the public to Melbourne and day one of the May 2008 plenary session. The Chair noted that the primary focus of the March Commission meeting would be a series of rule development initiatives. The Chair explained that if one wished to address the Commission on any of the issues before the Commission they should sign-in on the appropriate sheet(s). As always, the Commission will provide an opportunity for public comment on each of the Commission’s substantive discussion topics. The Chair explained that if one wants to comment on a specific substantive Commission agenda item, they should come to the speaker’s table so the Commission knows they wish to speak. The Chair noted that public input is welcome, but should be offered before there is a formal motion on the floor.

 

Agenda Review and Approval

The Commission voted unanimously, 20 - 0 in favor, to approve the agenda for the May

6 – 7, 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 January 29 - 30, 2008 Minutes and March 18 – 19, 2008 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, Energy, Mechanical, 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 Wind Mitigation Workgroup Report/Recommendations.

·     To Receive a Legislative Report.

·     To Conduct a Rule Adoption Hearing on Rule 9B-13, Energy Code.

·     To Conduct a Rule Adoption Hearing on Rule 9B-3.050, Amendments to Florida Building Code.

·     To Conduct a Rule Adoption Hearing on Rule 9B-3.053, Alternative Plans Review and

Inspection Forms.

·     To Conduct a Notice of Change for Rule 9B-70.002, Commission Approval and Accreditation of Advanced Building Code Training Course.

·     To Discuss Commissioner Issues.

·     To Receive Public Comment.

·     To Review Committee Assignments and Issues for the Next Meeting—June 23 - 25, 2008 in

Orlando.

 

 

Review and Approval of the January 29 - 30, 2008 Meeting Minutes, and March 18 – 19, 2008 Meeting Minutes and Facilitator’s Summary Report

Motion—The Commission voted unanimously, 20 - 0 in favor, to approve the January 29 - 30, 2008 minutes and amended and the March 18 – 19, 2008 Minutes and Facilitator’s Summary Report as presented.

 

Amendments to January 2008 Report:

Conditional approval for product number 7791-R1 was omitted from the list of product approvals.

 

 

Chair’s Discussion Issues and Recommendations

 

A.        Appointments

TAC Appointments

None made.

 

Workgroup Appointments

Regional AC Efficiency Workgroup

Chairman Rodriguez appointed Oscar Calleja and Roy Crawford to the Regional AC Efficiency Workgroup.

 

Soffit Systems Workgroup

The Chair appointed Lance Olsen to the Soffit Systems Workgroup.

 

B.        Resolution of Support for Funding the Community Building Code Administration Grant Act

Chairman Rodriguez noted that at Commissioner Wiggins requested DCA staff prepared a resolution for the Commission to consider regarding the Commission adopting a resolution of support for funding the Community Building Code Administration Grant Act of 2007 (HR 4461/S2458), empowering local building departments to apply for a financial grant to support enforcement of building codes.

Commission Actions:

Motion—The Commission voted unanimously, 20  - 0 in favor, to adopt the resolution of Commission

support of the Community Building Code Administration Grant Act of 2007.

(Included as Attachment 5—Resolution)

 

 

C.        Code Administration Assessment Project Report and Recommendations

The Chair explained that the Code Administration TAC completed their recommendations, regarding considering options for how the Commission might serve to enhance the interpretation and enforcement needs of local jurisdictions. Jeff Blair reviewed the recommendations and answered members questions. Following discussion the Commission took the following action:

 

 

Commission Actions:

Motion—The Commission voted unanimously, 20  - 0 in favor, for DCA staff to explore the implementation costs for the various TAC recommendations and to report back to the Commission at a subsequent meeting.

(Included as Attachment 3—Code Administration TAC Report and Recommendations to the Commission)

 

 

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, 20  - 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

Jim Richmond reported that there on two new petitions and answered Commissioner’s questions.

Following are the Petitions:

            Petition 35: Section 2002.3.3 of the 2004 Florida Building Code, Building

            Petition 36: Section 1025 of the 2004 Florida Building Code, Building

 

Recommend Order of Dismissal:

DCA08-DEC-001 by Karen Kalman

Jim Richmond reported that the issue was resolved by mutual agreement and requested that the Commission enter a order of dismissal on the declaratory statement.

Commission Actions:

Motion—The Commission voted unanimously, 20  - 0 in favor, to enter a order of dismissal for

DCA08-DEC-001 by Karen Kalman.

 

Petitions For Declaratory Statements

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

 

Second Hearings

 

DCA08-DEC-047 by Abe Sacks, Chairman, Structa Wire Corp.

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

 

 

First Hearings

 

DCA07-DEC-085 by Walter A. Tillet, Jr., P.E. of TilTeco, Inc.

Motion—The Commission voted 20 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-002 by Scott Hampton, PE

Motion—The Commission voted 19 – 1 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-071 by G. David Rogers, Ex. Vice President, FPGA

Petition was withdrawn by the proponent.

 

DCA08-DEC-083 by Steven M. Sincere, PE

Petition was withdrawn by the proponent.

 

DCA08-DEC-085 by Robert a. Walz, PE, Walz Engineering, LLC

Petition was withdrawn by the proponent.

 

DCA08-DEC-086 by Ruben Fabian Arroyo, Arroyo Enterprises, Inc.

Motion—The Commission voted 19 – 1 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-087 by Joseph Hermann, Arroyo Enterprises, Inc.

Motion—The Commission voted 19 – 1 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-091 by Mark Disosway, PE

Petition was withdrawn by the proponent.

 

DCA08-DEC-108 by Ruben Fabian Arroyo, Arroyo Enterprises, Inc.

Motion—The Commission voted 19 – 1 in favor, to approve the TAC’s recommendation on the petition.

 

            DCA08-DEC-112 by Lee Arsenault, the Vintage Group, Inc.

Motion—The Commission voted 18 - 2 in favor, to approve the TAC’s recommendation on the petition.

           

 

Recess

The Commission voted unanimously, 20 - 0, to recess until 8:30 AM on Wednesday, May 7, 2008. The Commission recessed at 4:25 PM.

WEDNESDAY, MAY 7, 2008

 

Reconvene and Welcome

Chairman Rodriguez welcomed Commissioners, staff, and members of the public to day two of the May 2008 plenary session of the Florida Building Commission. The Chair noted that the Commission would focus on May’s substantive issues including a suite of rule adoption initiatives.

 

The Chair noted that blue Public Meeting Evaluation Forms were provided at the speakers’ table for those who wish to provide written feedback to the Commission. Completed Comment Forms will be included in Facilitator’s Summary reports.

 

 

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. Commissioner Gross reported that a hotel accessibility charrette is scheduled for December 8, 2008.

Commission Actions:

Motion—The Commission voted unanimously, 19 - 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, 19 - 0 in favor, to accept the report.

 (See Commission Minutes for Committee report)

 

Mechanical TAC

Commissioner Bassett presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 19 – 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, 19 – 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, 19 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

 

Commission Actions—Education POC:

Motion—The Commission voted unanimously, 19 – 0 in favor, to approve the following courses on a consent agenda for approval:

285, 280, 278, 294, 281, 293, 283, 286, 276, 295, and 300.

Motion—The Commission voted unanimously, 19 – 0 in favor, to approve the following courses as administrative updates: #87.1, 188.1, 77.2, and 210.1.

 

 

Product Approval POC

Commissioner Carson presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 19 – 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

Jeff Blair reported that Workgroup met for the fifth time prior to the May 2008 Commission meeting

and reviewed recommendations regarding proposed revisions to Rule and roof gravel issue. Jeff reported that the proposed Code changes would be submitted to the relevant TAC’s (Roofing and Structural) for consideration during the Glitch Code Amendment process at the June 2008 meeting.

 

Motion—The Commission voted unanimously, 19 – 0 in favor to accept the report.

(Included as Attachment 4—Wind Mitigation Workgroup May 2008 Report)

 

 

Legislative Update

Jim Richmond, Commission Attorney, provided the Commission with an update of current legislation of interest and impact to the Commission, and answered member’s questions. Jim noted that CS/HB 697 passed and contained a variety of issues and tasks affecting the Commission. Following are some of the issues of interest to the Commission:

 

·        Deed restrictions may not prohibit energy devices based on renewable resources from being installed on buildings.

·        Roofing Contractors scope of licensure is expanded to include required roof-deck attachments and repair of wood roof sheathing or fascia as needed during roof repair or replacement.

·        Commission shall select the IECC as a foundation code, modified by the Commission to maintain the efficiencies of the FEEC and amend pursuant to 553.901.

·        Commission may adopt the updated edition of the NEC as another criteria for annual amendments subject only to Chapter 120 rule adoption procedures.

·        Commission is expanded to 25 members with the addition of a Swimming Pool Contractor and a representative from the Green Building Industry. All appointments shall be for a term of 4 years.

·        An opportunity shall be provided for members of the public to comment on proposed actions before the Commission takes a final vote.

·        Commission may render declaratory statements relating to the provisions of the Florida Accessibility Code.

·        Construction regulations for secure mental health facilities are under the jurisdiction of the DCFS.

·   Commission shall review the list of evaluation entities and in the Annual Report to the Legislature recommend either amendments to the list the Commission determines should be authorized, or report on the criteria adopted by rule or to be adopted by rule allowing the commission to approve evaluation entities that use the commission's product evaluation process.

·   Pursuant to 553.844 secondary water barriers may not be limited to one method or material.

·   Pursuant to 553.844 roof-to-wall connections shall not be required unless evaluation and installation of connections at gable ends or all corners can be completed for 15 percent of the cost of roof replacement. For houses that have both hip and gable roof ends, the priority shall be to retrofit the gable end roof-to-wall connections unless the width of the hip is more than 1.5 times greater than the width of the gable end. Priority shall be given to connecting the corners of roofs to walls below the locations at which the spans of the roofing members are greatest.

·   Pursuant to 553.886  regarding energy-efficiency technologies: the provisions of

the Florida Building Code must facilitate and promote the use of cost-effective energy conservation, energy-demand management, and renewable energy technologies in buildings.

·   553.9061  Scheduled increases in thermal efficiency standards.

Schedule of increases in the energy performance of buildings subject to the Florida Energy Efficiency Code for Building Construction.

         The Florida Building Commission shall:

Include the necessary provisions by the 2010 edition of the Florida Energy Efficiency Code for Building Construction to increase the energy performance of new buildings by at least 20 percent as compared to the energy efficiency provisions of the 2007 Florida Building Code adopted October 31, 2007.

Increase energy efficiency requirements by the 2013 edition of the Florida Energy Efficiency Code for Building Construction by at least 30 percent as compared to the energy

         efficiency provisions of the 2007 Florida Building Code adopted October 31, 2007.

Increase energy efficiency requirements by the 2016 edition of the Florida Energy Efficiency Code for Building Construction by at least 40 percent as compared to the energy

         efficiency provisions of the 2007 Florida Building Code adopted October 31, 2007.

Increase energy efficiency requirements by the 2019 edition of the Florida Energy Efficiency Code for Building Construction by at least 50 percent as compared to the energy efficiency provisions of the 2007 Florida Building Code adopted October 31, 2007.

·   Prior to implementing the energy efficiency goals, the Commission shall adopt by rule and implement a cost-effectiveness test for proposed increases in energy efficiency. The cost-effectiveness test shall measure cost-effectiveness and shall ensure that energy efficiency increases result in a positive net financial impact.

·   The repeal of s. 553.731, Florida Statutes, by this act, does not diminish or authorize changes that diminish the provisions of the Florida Building Code relating to wind resistance or water intrusion which were adopted pursuant to chapter 2007-1, Laws of Florida.

 

 


Commission Actions:

Motion—The Commission voted unanimously, 20 – 0 in favor, to authorize the Commission Chair to send a letter to the Governor regarding the Commission’s concerns that their funding source was swept from the DCA Operating Trust Fund to the Grants and Donations Trust Fund, thereby requiring the Commission to operate using only current receipts, and at a greatly reduced budget level. The Commission requested that the Governor preserve their funding source so they can effectively complete new and existing Legislative assignments, current Commission Workplan tasks, as well as fund the research necessary to investigate building products and systems for Code enhancements regarding hurricane and storm protections. In addition, the Legislature added two new members to the Commission increasing the Commission’s travel budget.

 

 

Rule Adoption Hearing on Rule 9B-13, Energy Code

Chairman Rodriguez noted that at the March 2008 meeting the Commission conducted a Rule Development Workshop on Rule 9B-13, Energy Code, for the purpose of amending the Energy Code to implement provisions to comply with the Governor’s 15% efficiency increase for the Florida Energy Code. The Commission voted to require 85 points for the residential performance method (instead of the current 100 points required), and to make no changes to the prescriptive method. The Chair noted that the Energy TAC met to review public comment and the TAC has comments on the comments to present for the Commission’s consideration during the Rule Adoption Hearing. The rule adoption hearing provided an additional opportunity for public comment on the issue.

 

The Rule Adoption Hearing was opened and an opportunity was presented for public comment. Jeff Blair reviewed the matrix of submitted public comments and the TAC’s comments on public comments. 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, 20 – 0 in favor, to proceed with rule adoption for Rule 9B-13, the Energy Code Rule, and to publish a notice of change, integrating and noticing the approved changes and to file the Rule for adoption without an additional hearing. The Commission’s motion included the following provisions:

 

To delay the implementation date for the adopted changes to be effective on January 1, 2009.

 

To note that the adopted 15% increase in efficiency for the Energy Code shall apply toward the 20% increase in efficiency required by 2010, and that no further changes to the Energy Code will be considered until the 2010 Code Update process.

 

To implement the following enhancements to the Florida Energy Code:

 

Method A

For the Performance Method an EPI of 85 points is required to pass for all construction types.

 

 

 

 

Method B for Residential Construction:

For Form 1000B-08, change the window requirements to the following: U-Factor of 0.65, SHGC of 0.35 window, 16 percent glass to floor area (WFA), and require a programmable thermostat on the HVAC system.

 

Method B for Commercial Construction:

The current prescriptive package will be adjusted to require the efficiencies achieved from the 85 points required in the performance method.

 

 

Rule Adoption Hearing on Rule 9B-3.050, Amendments to Florida Building Code

Chairman Rodriguez noted that the rule adoption hearing on Rule 9B-3.050 is being conducted as the final step to amend the procedures for the code development processes regarding the new, statutory glitch process, amending the form for submittal and eliminating the 45 day cooling off periods. The rule adoption hearing provided an additional opportunity for public comment on the issue.

 

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, 18 – 0 in favor, to proceed with rule adoption for Rule 9B-3.050, Amendments to Florida Building Code.

 

 

Rule Adoption Hearing on Rule 9B-3.053. Alternative Plans Review and Inspection Forms

Chairman Rodriguez stated that the rule development effort is being conducted in order to correct a discrepancy between the private provider form adopted in Rule and the form posted on the BCIS. The Rule Adoption Hearing is another opportunity for member’s of the public to provide any comments

on the preferred version of the private provider form.

 

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, 19 – 0 in favor, to proceed with rule adoption for

Rule 9B-3.053, Alternative Plans Review and Inspection Forms.

 

Note: The hearing results puts into rule the Commission’s decision on the Form, and complies with JAPC’s comments regarding the location of the Form on the BCIS.

 

 


Notice of Change for Rule 9B-70.002, Commission Approval and Accreditation of Advanced Building Code Training Course (Notice appeared in FAW, April 11, 2008)

Chairman Rodriguez explained that at the December 2007 meeting the Commission voted to commence rule development on Rule 9B-70, the Education Rule. At the January 2008 meeting the Commission conducted a rule development workshop on Rule 9B-70 and considered recommendations from the Education POC. The Commission voted that all advanced courses shall be updated no later than the date upon which the revisions to the Code take effect, and that accreditors may accredit advanced courses to the forthcoming Code version to meet the deadline requirements regarding updating advanced courses. At the March 2008 meeting the Commission conducted a Rule Adoption Hearing and the Commission adopted the Education POC’s recommendations for changes to the Rule. The changes have been noticed, and since no additional hearing was requested by the May 1, 2008 deadline, the rule will be filed for adoption in conformance with Chapter 120 requirements.

 

Commission Actions:

Motion—The Commission voted unanimously, 19 – 0 in favor, to file the rule as noticed.

 

 

Other Commission Actions

 

Commission Actions:

Motion—The Commission voted unanimously, 20 – 0 in favor, to meet at beach-front locations as often as possible, and to meet at the Melbourne facility as often as possible.

 

 

Commission Member Comment/Issues

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

 

Commission Member Comments:

Norkunas: Its difficult for members of the disabled community to attend meetings and express their opinions. Commissioner Norkunas explained that he communicates with many constituents and reflects the opinions of a broader group, and when he expresses an opinion on accessibility issues Commissioners should respect his expertise, as he does in their areas of expertise.

Vann: As a member of the Accessibility TAC he respects the TAC’s consensus over the views of any single individual.

Bassett: Please add clarifying Florida Specific requirements to the Accessibility Code to the agenda of the Accessibility TAC. The formatting should be reviewed to ensure it is clear when a Florida Specific requirement preempts the Federal requirements.

 

 


Commission Member Agenda Items

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

None were offered.

 

 

General Public Comment

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

 

Public Comments:

Jim Schock: Need to correct the references to roofing replacement and roof covering in 611.7.2.

Cam Fentriss: The standing seam hybrid roofing provisions of 2008 legislation is not a licensing issue, but related to ensuring rebates for solar thermal incentives when installed by the roofing contractor.

 

 

Adjourn

The Commission voted unanimously, 20 – 0 in favor, to adjourn the meeting at 11:00 AM.

 


ATTACHMENT 1

MEETING EVALUATION RESULTS

 

May 6 – 7, 2008—Melbourne, Florida

Average rank using a 0 to 10 scale, where 0 means totally disagree and 10 means totally agree.

 

1.          Please assess the overall meeting.

9.6       The background information was very useful.

9.6       The agenda packet was very useful.

9.8       The objectives for the meeting were stated at the outset.

9.75      Overall, the objectives of the meeting were fully achieved.

9.35      Accessibility Waiver Applications.

9.35     Discussion and Decision on Legal Issues and Legislative Report.

9.7       Requests for Declaratory Statements.

9.8        Approval of Products and Product Approval Entities.

9.8        Chairs Issues and Recommendations.

9.7        Commission’s Workplan and Meeting Schedule Review and Update.

9.75      TAC and POC Reports and Recommendations.

9.65      Wind Mitigation Workgroup Report/Recommendations.

9.6       Rule Adoption Hearing on Rule 9B-13, Energy Code.

9.75     Rule Adoption Hearing on Rule 9B-3.050, Amendments to Florida Building Code.

9.8       Rule Adoption Hearing on Rule 9B-3.053, Alternative Plans Review and Inspection Forms.

9.8       Notice of Change for Rule 9B-70.002, Commission Approval and Accreditation of

             Advanced Building Code Training Course.

           

2.         Please tell us how well the Facilitator helped the participants engage in the meeting.

9.6       The members followed the direction of the Facilitator.

9.7       The Facilitator made sure the concerns of all members were heard.

9.7       The Facilitator helped us arrange our time well.

9.8       Participant input was documented accurately in Meeting Notes and Facilitator’s Report(s).

 

3.         What is your level of satisfaction with the meeting?

9.55     Overall, I am very satisfied with the meeting.

9.8       I was very satisfied with the services provided by the Facilitator.

9.7       I am satisfied with the outcome of the meeting.

 

4.      What progress did you make?

9.65     I know what the next steps following this meeting will be.

9.65     I know who is responsible for the next steps.

 


3.      Members Evaluation Comments.

 

Comments on Specific Agenda Items:

None.

 

 

Evaluation Comments:              

·        Consensus is a beautiful thing.  Congratulations to all.

·        Good job Jeff!  We need you at the Product Approval meeting for 100%  of the time

·        Great facility, let’s meet here always!

·        Excellent facility – would love to return to this venue more often.

·        Nice location for the meeting.

·        The meeting was a very nice change. I would recommend returning here.

·        Meet at this motel (Crown Plaza in Melbourne) more often.   Please provide the current codes (FRC and Fire Codes) on the commission – computers

·        Great location.  Let’s try to meet here again.

·        I know there is a lot of support to come back to this facility. I cannot support coming back. I changed rooms three times before I was given one that I could get a full nights sleep without interruption.

·        In keeping with our budget cuts it would be advantageous to try and get the meeting schedule down to a 2-day length even if that resulted in longer meetings in those days. (i.e. 8AM-8PM)  For your information, South Lakeland is currently building some nice new hotels near the convention center.  These are located at Harmon Road and the South Lakeland Bypass. These may or may not provide rates within our budget and are located along that I-4 corridor.

 

 

 

PUBLIC-MEETING EVALUATION AND COMMENT RESULTS

 

 

.


ATTACHMENT 2

COMMISSION’S UPDATED WORKPLAN AND MEETING SCHEDULE

(Adopted Unanimously May 6, 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

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                                                                                                8/20/08

            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                                                                                                     6/08

 

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                                                                                                     6/08

 

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

            See Task 26 Follow-up

 

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

            Task Completed

 

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

            Task Completed

 

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                                                                                       3/19/08

            Rule Adoption Hearing                                                                                                 5/7/08

            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

            Task Completed

 

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 Governor                                                                                2/08

      Update efficiency standards in Florida Energy Code                                       5/7/08

 

 

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

                                                                                                                                      3/19/08

                                                                                                                                      4/18/08

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

                                                                                                                                                 4/18/08

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                             10/08 – 12/08

            Commission conducts public hearing  and adopts plan                                               5/08

 

23.       Revise Rule 9B-3.050 for:

New Proposed Code Amendment Form/Procedures for Glitch Amendments

            Rule Development Workshop                                                                                     3/19/08

            Rule Adoption Hearing                                                                                                 5/7/08

            Other General Updating

            Rule Development Workshop                                                                                     10/15/08

            Rule Adoption Hearing                                                                                               12/10/08

           

 

24.       Evaluate Hurricane Wind Pressure and Wind Driven Rain Criteria for Soffit Systems and Establish Labeling Requirements

Appoint workgroup                                                                                                     3/19/08

Include task in UF components and cladding contract                                                3/08

Workgroup meetings                                                                                                   5/08-10/08

Report to Structural TAC and Commission                                                                 2009

 

25.      Investigate A Consistent Definition of Bedroom for Building Code and On-site Septic System Sizing Requirements with the Department of Health

Appoint a Commission Ad Hoc committee                                                                 3/19/08

DOH appoint members to work with Commission Ad Hoc committee                      3/08-4/08

Task group meetings                                                                                                   5/08-9/08

Report to Commission and DOH                                                                                10/08


 

26.              Investigate Regional Energy Efficiency Ratings for Hot and Humid Climate

Follow-up to task 11.

Appoint a workgroup                                                                                            3/08

Contract with FSEC to organize meetings and provide technical assistance         3/08

Workgroup meetings                                                                                             5/9/08

                                                                                                                              5/22/08

                                                                                                                              6/13/08

Report to Commission                                                                                           8/20/08

    

 

27.              Develop Rule for Cost Effectiveness Test     (Required by HB 697)

Begin                                                                                                                     1/09

Completed                                                                                                             6/09

 

 

28.              Develop Legislative Recommendation for Carbon Monoxide Detector Requirements

                  (Commission discussion during legislative session)

For report to 2009 Legislature                                                                               12/09

 

 

29.              Develop Design Criteria for Energy Efficient Pool Systems

                  (Pool Association offer to staff during legislative session)

For 2010 Florida Building Code

 


 

2007 Legislature Directed Tasks Through Regular Session

 

CS/HB 7123  Energy

Action required:

  1. Form Work Group and Develop model energy efficiency ordinance for residential construction.
  2. 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.
  3. Develop and implement a public awareness campaign on energy efficiency and benefits of Green Building in consultation with others.
  4. 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:

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

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:

 

 


CS for CS for SB 2836            Building Code

Action required:

 

  1. Electrical bonding and grounding for swimming pool decks:

 

  1. 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

 

  1. 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

 

  1. 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:

  1. 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.
  2. Include requirements in next revision/(edition) of FBC.
  3. 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:

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

 

 

CS for SB 2498           Delayed Elimination of Design for Internal Pressure

Action Required:

  1. 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]


ATTACHMENT 3

CODE ADMINISTRATION ASSESSMENT

INTERPRETATION AND ENFORCEMENT NEEDS OF LOCAL JURISDICTIONS

 

 

CODE ADMINISTRATION TAC REPORT OF RECOMMENDATIONS

TO THE FLORIDA BUILDING COMMISSION

 

MARCH 18, 2008

Tampa, Florida

 

 

Meeting Design & Facilitation By

 

 

Report By Jeff A. Blair

Florida Conflict Resolution Consortium

Florida State University

 

 

jblair@fsu.edu

http:// consensus.fsu.edu

 

This document is available in alternate formats upon request to Dept. of Community Affairs, Codes & Standards, 2555 Shumard Oak Blvd., Tallahassee, FL 32399, (850) 487-1824.


FLORIDA BUILDING COMMISSION

CODE ADMINISTRATION TAC

CODE ADMINISTRATION NEEDS OF LOCAL GOVERNMENTS ASSESSMENT PROJECT RECOMMENDATIONS

Overview

One of the Florida Building Commission’s (the Commission) responsibilities is making a continual study of the Florida Building Code and related laws, and on a triennial basis reporting findings and recommendations to the Legislature. The first triennial assessment was conducted in 2005 and recommendations were reported to the 2006 Legislature. A variety of issues were identified during the course of the assessment survey and ad hoc committee review process, and one of the recommendations developed and adopted by the Commission was to conduct an assessment of local building officials on their needs regarding administration of the Florida Building Code (the Code). Some of the key issues identified during the review process included training and education, communication and outreach, staffing and qualifications, interpretations and appeals, funding, and state oversight.

 

Local administration and enforcement of the Code is one of the key foundations of the Building Code System, and the Commission, through an on-line assessment survey, sought the views of local jurisdictions—of all sizes and in all geographic regions of the State—on their perspectives and needs regarding the local administration of the Code, as well as their recommendations for measures to improve the uniform and effective enforcement of the Code, including how the Commission could best assist local jurisdictions relative to the administration of the Florida Building Code.

 

Project Webpage

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

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

 


 

SUMMARY OF TAC RECOMMENDATIONS

 

Provide a compilation of the rationale for Code changes as soon as possible after adoption.

Provide regular updates and notices to local jurisdictions, and construction and design professionals, including designing and using a clearer and easier to use website and electronic notices, on Commission legal interpretations, declaratory statements, Code interpretations, Code changes, and policy decisions.

 

E-mail link to Commission minutes to interested parties with option to unsubscribe.

 

The Commission should encourage local officials to attend Commission meetings so they are informed of the Commission’s work.

 

Web cast live Commission meetings.

 

Video tape meetings and archive Commission meetings.

 

Provide outreach to citizens/public to make them aware of the permits required for repairs or alterations to their homes.

Seek Legislative authority for the Commission to issue Accessibility Code interpretations.

 

Encourage local bldg dept to regularly establish measurable performance standards for customer service based on volume and ability to do the work.


 

OVERVIEW OF ALL OPTIONS EVALUATED BY TAC

 

TAC Options Evaluation Process Overview

For each key issue the following process/format was used:

*        General discussion with TAC members and staff on the topic/issue,

*        Identification of new options (if any),

*        Refinements proposed to existing options (to enhance option’s acceptability),

*        Acceptability ranking of options (new, those with some level of support from previous meeting(s), and those a TAC member proposes to be re-evaluated),

*        Data/Research needs identified and presentations as available.

For each of the key topical issue areas a range of potential options was listed for the TAC to consider.  The options were identified by respondents to the Code Administration Assessment on-line survey. Issues and Options were organized to address the issues identified by survey respondents. The preliminary list of options was reviewed and revised by the TAC and any additional relevant options they deemed appropriate were evaluated during the process. Once an  initial ranking of options was completed, the Worksheet was re-organized into three sections for each key topical issue areas:

 

“Consensus Recommendations” (those options with a 75% or greater level of support), “Options Evaluated by the TAC—No Consensus” (those options with less than a 75% level of support), “Options Outside Scope of Project and Commission Purview”.

Options with 75% or greater number of 4’s and 3’s in proportion to 2’s and 1’s are considered consensus recommendations.

 

 

3.COMMUNICATION AND OUTREACH OPTIONS

 

 

COMMUNICATION AND OUTREACH CONSENSUS RECOMMENDATIONS

 

Provide a compilation of the rationale for Code changes as soon as possible after adoption.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

January 2008

8

0

0

0

 

Provide regular updates and notices to local jurisdictions, and construction and design professionals, including designing and using a clearer and easier to use website and electronic notices, on Commission legal interpretations, declaratory statements, Code interpretations, Code changes, and policy decisions.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

January 2008

6

2

0

0

 


E-mail link to Commission minutes to interested parties with option to unsubscribe.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

6

2

0

0

 

The Commission should encourage local officials to attend Commission meetings so they are

informed of the Commission’s work.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

4

3

1

0

 

Web cast live Commission meetings.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

4

3

1

0

 

Video tape meetings and archive Commission meetings.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

3

4

1

0

 

Provide outreach to citizens/public to make them aware of the permits required for repairs or alterations to their homes.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

3

4

1

0

 

 

COMMUNICATION AND OUTREACH OPTIONS EVALUATED BY TAC—NO CONSENSUS

 

E-mail Commission minutes to building departments.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

4

1

3

0

 

Educate city and county commissioners and administrators about the requirements and duties of the building official.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

January 2008

4

0

3

1

 

Develop a brief communication release that highlights the public safety duties of the building official and transmit this to the Association of Counties, League of Cities, school boards and universities seeking their assistance in distributing this to all cities, counties and other public entities (schools & universities).

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

1

4

3

Conduct bi-annual meetings with the Commission and building official of all jurisdictions to discuss the Code and building code system.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

1

3

4

 

Provide interpretation(s) on all Code changes as soon as they are adopted and publicize the requirements.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

January 2008

0

1

3

4

 

The Commission should form an Advisory Committee, prioritize the most important areas of the Code for uniform enforcement, and audit the local jurisdictions based upon the prioritization established.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

1

7

 

 

COMMUNICATION AND OUTREACH OPTIONS EVALUATED BY TAC—OUTSIDE SCOPE OF PROJECT AND COMMISSION’S PURVIEW

 

Provide outreach to citizens/public to make them aware of the licensing requirements for contractors and the permits required for repairs or alterations to their homes.

 

2.         EDUCATION AND TRAINING OPTIONS

 

EDUCATION AND TRAINING CONSENSUS RECOMMENDATIONS

None

 

EDUCATION AND TRAINING OPTIONS EVALUATED BY TAC—OUTSIDE SCOPE OF PROJECT AND COMMISSION’S PURVIEW

 

Have only one State Certification for inspectors without additional requirements.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

8

 

Eliminate local licensing, discipline and registration of contractors.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

8

 

Require all contractors providing construction on school district properties to attend a class on state codes for schools. Section 423 of the building code and S.R.E.F. codes provided by the state D.O.E.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

8

 

 

 

3.         UNIFORM AND EFFECTIVE ENFORCEMENT OF THE CODE OPTIONS

 

 

UNIFORM AND EFFECTIVE ENFORCEMENT CONSENSUS RECOMMENDATIONS

 

Seek Legislative authority for the Commission to issue Accessibility Code interpretations.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

January 2008

8

0

0

0

 

Encourage local bldg dept to regularly establish measurable performance standards for customer service based on volume and ability to do the work.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

6

2

0

0

 

 

UNIFORM AND EFFECTIVE ENFORCEMENT OPTIONS EVALUATED BY TAC—NO CONSENSUS

 

Put fire inspection to only inspecting fire suppression and fire alarm systems, and leave construction inspections to the building code professionals who know construction and codes.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

7

 

Adopt a complete Chapter 1 to provide consistency of code administration.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

8

 

 

The existing building code should be re-written to make the requirements clearer for the various types of alterations or change of occupancy.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

8

 


UNIFORM AND EFFECTIVE ENFORCEMENT OPTIONS EVALUATED BY TAC—OUTSIDE SCOPE OF PROJECT AND COMMISSION’S PURVIEW

 

Customer service performance standards (i.e., minimum time for plans review and inspections) should be developed and mandated statewide, or a voluntary accreditation program should be created.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Initial Ranking

March 2008

0

1

2

5

Have the process of building permits and inspections under the State, no change in locations but have the administration under a State Agency Have Commission members do some off line field visits, a day here, a day there, vary jurisdictions from small to large.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

8

Place all building departments under the oversight of the Commission.

 

4=acceptable

3= minor reservations

2=major reservations

1= not acceptable

Ranked

March 2008

0

0

0

8

 

 

OPTIONS REFERRED TO CODE PROCESS REVIEW AD HOC COMMITTEE

 

Eliminate Florida specific amendments unless there is a real and proven Florida specific need.

 

Limit code changes to once every three years.

 

Once local technical amendments are posted they should be reviewed by TAC’s and either approved or rejected by the Commission.


ATTACHMENT 4

WIND MITIGATION WORKGROUP REPORT AND RECOMMENDATIONS

 

 

May 6, 2008

Melbourne Florida

 

Wind Mitigation Workgroup Members Present

Representation                                                                                  Member

Commission/Roofing                                                                          Chris Schulte

Commission/Contractor                                                                      Matt Carlton

FRSA/Roofing                                                                                                Burt Logan

Insurance                                                                                             Tim Reinhold

FHBA                                                                                                  Richard Reynolds

Building Officials                                                                                Bill Dumbaugh
Building Officials                                                                                Jim Schock

 

1.  Discussed Wind Mitigation Retrofits Provisions for 2007 Florida Building Code

            a. Reviewed and Discussed Gable End Bracing Provisions:

Richard Reynolds provided a status of the revisions to Appendix A and stated that the drafts of Appendix A material will be available for review Monday, May 11, drawings by Friday, the 16th of May. 

 

2.  Reviewed and Discussed Other Wind Mitigation Retrofit Provisions:  The Workgroup reviewed the working draft and provided the following comments and revisions:

 

611.7 101.1  When a roof covering on an existing site-built - single family residential structure is removed and replaced, the following procedures shall be permitted to be performed by the roofing contractor:

(a) Roof-decking attachment andfor fastenersing shall be strengthened and corrected as required by Section 611.7.1 201.1.

 

611.7.1 201.1  Roof decking sheathing fastening attachment and fastening for site-built single family residential structures. 

     

611.7.2 Roof secondary water barrier for site-builtingle family residential structures.  A secondary water barrier shall be installed using one of the following methods when roof covering is removed and replaced:

1. In either HVHZ or non-HVHZ regions,

a) All joints in structural panel roof sheathing or decking shall be covered with a minimum 4 in. wide strip of self-adhering polymer modified bitumen tape applied directly to the sheathing or decking.  The deck and self adhering polymer modified bitumen tape shall be covered with one of the underlayment systems approved for the particular roof covering to be applied to the roof. 

 

bc) In the HVHZ, the entire roof deck shall be covered with an approved asphalt impregnated 30# felt underlayment or approved synthetic underlayment installed with nails and tin-tabs as required for the HVHZ in accordance with Sections 1518.4 of the Florida Building Code, Building or R4402.7.2, R4402.7.3, or R4402.7.4 of the Florida  Building Code, Residential.  This method shall also be acceptable in the non-HVHZ regions of Florida.  (No additional underlayment shall be required over the top of this sheet)The synthetic underlayment shall be fastened in accordance with the manufacturer’s recommendations.

 

e) Application of a two-part urethane based closed cell spray-on adhesive to the attic side of the joints between the sheathing and along both sides of the truss top chords or rafters shall be deemed to meet the requirements for the secondary water barrier. 

2. Outside the High Velocity Hurricane Zone:

 

a.  The entire roof deck shall be covered with an approved self-adhering polymer modified bitumen cap sheet meeting ASTM D 1970 or an approved self-adhereing synthetic underlayment installed in accordance with the manufacturer’s installation instructions.  No additional underlayment shall be required on top of this cap sheet for new installations.

 

b.  d) In regions of Florida oOutside of the HVHZ, Aan underlayment system approved for the particular roof covering shall be applied with the following modification:

(1) For roof slopes that require one layer of underlayment, complying with section 1507.2.3 of the Florida Building Code, Building fastened as described below orA a layer of approved asphalt impregnated approved ASTM D 226 Type I or Type II (#30) felt underlayment or approved synthetic underlayment shall be installed. The felt or synthetic underlayment is to be fastened with 1” round plastic cap or metal cap nails, attached to a nailable deck in a grid pattern of 12 inches (305 mm) staggered between the overlaps, with 6-inch (152 mm) spacing at the overlaps.  The synthetic underlayment shall be fastened in accordance with the manufacturer’s recommendations.

 

(2) For roof slopes that require two layers of underlayment, an approved asphalt impregnated ASTM D 226 Type I or Type II (#30) underlayment of 2:12 to 4:12 an additional layer of felt shall be installed in a shingle-fashion and lapped 19” and fastened as described above. An approved synthetic underlayment shall be installed in accordance with the manufacturer’s installation instruction. (No additional underlayment shall be required over the top of this sheet).

 

 

 

201.3 611.8.1 Roof-to-wall connections for site-built single family residential structures.  Where required by Section 611.8 101.2, the intersection of roof framing with the wall below shall be strengthened by adding metal connectors, clips, straps, and fasteners such that the performance level equals or exceeds the uplift capacities as provide sufficient resistance to meet the uplift loads specified in Table 611.8.1 201.3 either because of existing conditions or through retrofit measures. As an alternative to an engineered design, the prescriptive retrofit solutions provided in Sections 611.8.1.1 201.3.12 through 611.8.1.6 201.3.45 shall be accepted as meeting the mandated roof-to-wall retrofit requirements. 

 

Exceptions:

1.  Where it can be demonstrated (by code adoption date documentation and permit issuance date) that roof-to-wall connections and/or roof-to-foundation continuous load path requirements were required at the time of original construction.

2.   Roof- to- wall connections shall not be required unless evaluation and installation of connections at gable ends or all corners can be completed for 15% of the cost of roof replacement.  For house that have both hip

 

                  The workgroup reviewed the Roof Gravel Criteria Proposal for 2007 Florida Building Code and made the following recommendation:

 

BALLAST. Ballast is any item having weight that is used to hold or steady an object. In roofing, ballast comes in the form of large stones or paver systems or light-weight interlocking paver systems and is used to provide uplift resistance for roofing systems that are not adhered or mechanically attached to the roof deck.

 

 

ADJOURNED: 10:30 am


ATTACHMENT 5

RESOLUTION

 

 

WHEREAS, the Florida Building Commission recognizes the citizens of the State of Florida are at risk of natural disasters including hurricanes, wild fires, tornadoes, lightning, floods and severe thunderstorms; and

 

WHEREAS, these disasters have the potential for causing injury and loss of life and widespread damage to property, community infrastructure and the environment; and

 

WHEREAS, the Commission recognizes that effective pre-disaster mitigation, thorough preparedness, timely warning, and well-trained and equipped response forces can reduce injuries and deaths cased by a hazard; and

 

WHEREAS, the hurricane seasons of 2004 and 2005, the flooding in 2006 and 2007, and the tornado and wildfire seasons of 2006 and 2007 clearly demonstrate our nation’s on-going vulnerability to all forms of natural disasters; and

 

WHEREAS, the impact of recent natural disasters demonstrates the need for heightened local, state and federal attention to coordinated measures to mitigate the impact of natural hazards on our communities, and has demonstrated a significant need to support the effective work of building code enforcement; and

 

WHEREAS, the adoption of building codes and consistent enforcement are effective means of mitigating the impacts of natural disasters; and

 

WHEREAS, the National Institute for Building Safety’s recent report finds an express national benefit for providing support for local building code enforcement; and

 

WHEREAS, the Community Building Code Administration Grant Act of 2007, when enacted and funded, will provide competitively evaluated federal grants, locally matched, for local governments who seek to build-up or improve local code administration and enforcement capabilities; now therefore be it

 

RESOLVED that the Florida Building Commission hereby encourages Congress to support passage and funding of H.R. 4461/S. 2458, The Community Building Code Administration Grant Act of 2007. The Commission further encourages the International Code Council to deliver this Resolution to Congress and to continue its work on behalf of the enactment and funding of the Community Building Code Administration Grant Act of 2007.

 

_________________________________­­­­____

Raul L. Rodriguez, AIA, Chairman                 

Florida Building Commission


ATTACHMENT 6

RULE LANGUAGE

 

9B-70.002: Commission Approval and Accreditation of Advanced Building Code Training Courses

 

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 8, February 22, 2008 issue of the Florida Administrative Weekly.

 

9B-70.002 Commission Approval and Accreditation of Advanced Building Code  Training Courses.

 

(1) Approval of Course Accreditors. The Commission shall approve persons to serve as accreditors of advanced training courses. Persons desiring to be accreditors shall apply using Form FBCED 2003-001 adopted herein by reference and available from the Building Code Information System at www.floridabuilding.org. Applications shall be accompanied by an application fee of $100.00. Applications shall be approved by the Commission if the applicant has demonstrated five years of Florida Building Code expertise in the field for which approval is sought, or equivalent as specified below, or, and possesses an active license issued pursuant to Section 471.015, 481.213, 481.311; 489, Part I or II, F.S.; or a standard certificate issued pursuant to Section 468.609, F.S. When an accreditor application is submitted to accredit only accessibility courses by an individual who can demonstrate proficiency acceptable to the Commission as a subject matter expert in the field of accessibility the Commission shall approve that applicant to accredit accessibility courses. Accreditors approved by the Commission under prior versions of this rule are authorized to continue accreditation of building code courses. Equivalent expertise or proficiency under this provision shall include:

 

(a) A four year college degree or graduate degree in the field for which approval is sought;

 

(b) A letter verifying work experience in the field for which approval is sought from a person who supervised the applicant; or

 

(c) A letter verifying employment and specific position of the applicant in the field for which approval is sought from the applicant’s employer.

 

(2)  No change.


9B-3.053: Alternative Plans Review and Inspection Forms Adopted

PURPOSE AND EFFECT: To implement statutory directive concerning the format and content of information to be posted at a job site utilizing a private provider of building code inspection services and to update, clarify and correct the names and numbers of forms and their location on the Building Code Information System.

SUMMARY: The rule provides more precise numbering for forms adopted, explicitly specifies the location from which the forms may be obtained; specifies an effective date for each of the forms; and adds a form to be posted at a job site that identifies the authorized inspectors for that job.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 553.791(4), (5) FS.

LAW IMPLEMENTED: 553.791(4), (5) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 7, 2008, 8:30 a.m., or as soon thereafter as the matter is brought before the Commission in accordance with its agenda.

PLACE: Crowne Plaza Hotel, Melbourne-Oceanfront, 2605 N. A1A Highway, Melbourne, Florida 32903.

 

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850) 921-2247. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850) 922-2247.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

     9B-3.053  Alternative Plans Review and Inspection Forms Adopted.

 

     The following forms are adopted for use in conjunction with utilization of a private provider to perform plan review and inspection: and may be obtained on the internet at http://www.dca.state.fl.us/fbc/forms/1_forms.htm.:

 

     (1) Notice to Building Official of Use of Private Provider, Form Number 9B-3.053-2002-01, effective January 20, 2003;

 

     (2) Private Provider Plan Compliance Affidavit, Form Number 9B-3.053-2002-02, effective January 20, 2003;.

 

     (3) Job Site Private Provider Identification Form, Form Number 9B-3.053-2005-01, effective February 1, 2006.  


9B-3.050: Statewide Amendments to the Florida Building Code

PURPOSE AND EFFECT: To account for a new process by which the Florida Building Commission may amend the Florida Building Code utilizing only rule adoption procedures of Chapter 120, Florida Statutes, and to update the form for submission of proposed amendments to accommodate additional capabilities and features of the Building Code Information System.

SUMMARY: The rule is amended to reflect an updated form for submission of code amendments, adding specific information about the effect of the proposed amendment on Code provision applicable to the High Velocity Hurricane Zone; and to accommodate the new statutory process for adopting amendments meeting specified criteria; specifically, eliminating the requirement for publication of amendments for 45 days before they are considered by a committee or the Commission.

Form for submission of code amendments and expedited code amendment process.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 553.73(3), (6), (7), (8) FS.

LAW IMPLEMENTED: 553.73(3), (6), (7), (8) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 7, 2008, 8:30 a.m., or as soon thereafter as the matter is brought before the Commission in accordance with its agenda.

PLACE: Crowne Plaza Hotel, Melbourne-Oceanfront, 2605 N. A1A Highway, Melbourne, Florida 32903.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)921-2247. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)921-2247.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

     9B-3.050  Statewide Amendments to the Florida Building Code.

 

     (1) - (3) No Change

 

     (4) For the purpose of amending the Florida Building Code, each proposed amendment to the Florida Building Code shall be submitted on the Code Amendment Proposal, Form No. 9B-3.047-2008, effective            , 2004 available from the Building Code Information System at www.floridabuilding.org or by contacting the Codes and Standards Section, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399. The Code Amendment Proposal form shall be submitted online at www.floridabuilding.org and shall be reviewed by Commission staff for sufficiency. Commission staff shall ascertain 1) whether the amendment to the code has been submitted in legislative format, 2) if the rationale for amending the code has been provided, and 3) if all seven questions regarding fiscal and other impacts have been answered by the proponent. The term “NA” or “Not applicable” shall be considered an insufficient answer. If a proposed code amendment is submitted more than two weeks prior to the deadline established and staff finds the proposal to be insufficient, staff shall notify the proponent via email of the nature of its insufficiency and that if the proponent of the amendment elects to resubmit the proposal curing the insufficiency, it must be resubmitted prior to the deadline. Once a Code Amendment Proposal has been found sufficient, Commission staff shall verify such status online, enabling the Building Code Information System to show the proposal to the general public for comment. Code Amendment Proposals found insufficient shall not be verified or considered as building code amendments in the code amendment process.

 

     (5) Each proposed amendment will be heard first by the appropriate Technical Advisory Committee, which will consider the proposal and all documentation submitted therewith, and consider whether to recommend approval by a 75% vote. If the proposal fails to achieve a 75% favorable vote, it is forwarded to the Commission for action based upon the applicable criteria. The Committee may modify the proposed amendment if it provides the documentation required by subsection 9B-3.047(6), F.A.C. After modification, the Committee must then vote whether to recommend adoption as amended. If the proposed amendment as modified fails to achieve a 75% favorable vote, the proposal is forwarded to the Commission for action.

 

    (6) The Commission shall publish each proposed amendment on its website at www.floridabuilding.org at least 45 days prior to its consideration by the appropriate Technical Advisory Committee, except those amendments submitted pursuant to Section 553.73(7), F.S. This notice may run concurrently with the notice required by Section 120.54(2), F.S., and is not intended to extend the required rulemaking timeframes therein.

 

     (7) The full Commission shall consider and vote upon each proposed amendment after consideration by at least one Technical Advisory Committee. The Commission may act on a consent agenda of those proposals which receive the required 75% vote at the Committee level to deny the amendment. The Commission must take action on all proposed amendments regardless of the Committee’s recommendation. The decision of the Commission to approve a proposed amendment shall be by 75% vote. Those proposals failing to meet the vote requirement shall not be adopted. The Commission may modify a proposed amendment, provided that the form required by subsection 9B-3.047(6), F.A.C., is amended to reflect the modification and supporting documentation is submitted.

 

     (8) The Commission shall publish each proposed amendment on its website at www.dca.state.fl.us/fhcd/fbc at least 45 days prior to its consideration by the full Commission, except those amendments submitted pursuant to Section 553.73(7), F.S. This notice may run concurrently with the notice required by Section 120.54(3), F.S., and is not intended to extend the required rulemaking timeframes therein.

 

     (9) Each amendment approved for adoption by the Florida Building Commission, except those amendments approved pursuant to Section 553.73(7), F.S., shall take effect no earlier than three months after the rule amendment is filed for adoption with the Department of State.

 

 

9B-13.0041: Thermal Efficiency Standards Adopted

9B-13.0061: Effective Date

PURPOSE AND EFFECT: To require more energy efficient construction in Florida effective October 1, 2008, by amending the Florida Energy Efficiency Code for Building Construction.

SUMMARY: The reference document will require more energy efficient construction in Florida. As applied to commercial construction, the Energy Efficiency Code is amended to be consistent with ANSI/ASHRAE 90.1 - 2007, Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings, ASHRAE Advanced Energy Design Guide for Small Office Buildings, ASHRAE Advanced Energy Design Guide for Small Retail Buildings and ASHRAE Advanced Energy Design Guide for K-12 School Buildings. As applied to residential construction, the performance method of compliance provided in the Code is amended to reflect a passing score of 85 rather than 100. The prescriptive means of compliance for residential compliance remains unchanged from current requirements. Interested parties should refer to the draft reference materials that may be obtained online at www.floridabuilding.org, or contacting the person identified in this notice.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 553.901 FS.

LAW IMPLEMENTED: 553.901, 553.903 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 7, 2008, 8:30 a.m., or as soon thereafter as the matter is brought before the Commission in accordance with its agenda.

PLACE: Crowne Plaza Hotel, Melbourne-Oceanfront, 2605 N. A1A Highway, Melbourne, Florida 32903.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)487-1824. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)487-1824

 

THE FULL TEXT OF THE PROPOSED RULE IS:

9B-13.0041 Thermal Efficiency Standards Adopted.

     (1) The design and fabrication of all new and renovated buildings, except as exempted herein, shall comply with the requirements of the Florida Energy Efficiency Code for Building Construction, 2008 Edition (the Code), is hereby adopted by reference promulgated by the State of Florida. The Florida Building Commission Department shall revise, update and maintain the Code. All new and renovated buildings, except as exempted herein, shall comply with the requirements of the 1997 Edition of the Code and the 1998 revisions, Form 600A-97 (Revised 1998), the FLA/RES-97 (Revised 1998) computer program, Form 600B-97 (Revised 1998) and Form 600C-97 (Revised 1998), herein incorporated into this rule by reference.