FLORIDA BUILDING COMMISSION

Plenary Session

World Golf Village

500 South Legacy Trail,

St. Augustine, Florida  32092

April 9, 2013

 

COMMISSIONERS PRESENT:

 

Dick Browdy, Chair                                                   Jon Hamrick

            Hamid Bahadori                                                         Beth Meyer

Bob Boyer                                                                   John Scherer

Oscar L. Calleja                                                          Bradley W. Schiffer

Nanette (Nan) Dean                                                    James Schock

Kevin M. Flanagan                                                     Drew Smith

Charles L. Frank                                                         Jeff Stone

Herminio Gonzalez                                                     Brian Swope

Dale Greiner                                                                John “Tim” Tolbert

Jeff Gross

COMMISSIONERS NOT PRESENT:

 

Ken Gregory                                                               Rafael Palacios

 

OTHERS PRESENT:

.

Jim Richmond                                                             April Hammonds

Mo Madani                                                                 Ila Jones

Jim Hammers                                                              Chris Burgwald

 

MEETING FACILITATION:

 

The meeting was facilitated by Jeff Blair from the FCRC Consensus Center at Florida State University. Information at: http://consensus.fsu.edu/

 

 


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WELCOME:

 

Welcome Commissioners, staff, and members of the public to St. Augustine and the April 9, 2013 plenary session of the Florida Building Commission. In addition to considering regular procedural issues including product and entity approvals, applications for Accreditor and course approvals, petitions for declaratory statements, accessibility waivers, and recommendations from our various committees, the primary focus of the April meeting is to consider and decide on draft issues and recommendations for inclusion into the Commission’s Report to the 2014 Legislature (Commission’s Annual Report). Members of the public are requested to sign the attendance sheet on the speaker’s table in the center of the room. In addition, we have a sign-up sheet for general public comment. As always, we will provide an opportunity for public comment on each of the Commission’s substantive discussion topics. If you want to comment on a specific substantive Commission agenda item, please come to the speaker’s table when the issue is up for consideration so we know you want to speak. Public input is welcome, but should be offered before there is a formal motion on the floor. Please remember to keep all electronic devices turned off or in a silent mode. Thank you for your cooperation.

 

There are also buff colored “Public Comment Forms” on the speakers’ table that can be used to provide written comments. All written comments will be included in the Facilitator’s Summary Report. Please give your completed “Public Comment Forms” to Jeff Blair.

 

Some of the licensing boards located within the Department of Business and Professional Regulation (Board of Architecture and Interior Designers; Building Code Administrator and Inspector Board; Construction Industry Licensing Board; Electrical Contractors Licensing Board, and Board of Professional Engineers), have adopted rules regarding continuing education credits for attending Florida Building Commission meetings and/or Technical Advisory Committee meetings. If your board participates you may sign-in on the kiosk laptop provided in the meeting room.

 

Chairman Browdy conducted a roll call of the Commission members, stating that there are 21 members currently with 5 vacancies stating the areas that are vacant.

 

Chairman Browdy requested that Jeff Blair cover the agenda items for the meeting today.


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Jeff Blair welcomed everyone to the April Plenary Session and introduced the agenda as follows:

·        To Approve Regular Procedural Topics (Agenda and Minutes)

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

·         To Discuss of Results from Commission’s Annual Exercises; Effectiveness Assessment Survey and Workplan Prioritization Exercise

·         To Discuss the Effective Date of the Next Edition of the Florida Building Code

·         To Consider/Decide on Accessibility Waiver Applications.

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

·         To Consider Applications for Accreditor and Course Approval.

·         To Consider/Decide on Legal Issues: Binding Interpretations, Specifically Binding Interpretation #91, and Petitions for Declaratory Statements.

·         To Consider/Decide on Issues Related to Adoption of Rules, and Specifically, Consider Development of Rule 61G20-4.001, Procedures – Accessibility Waiver Fees.

·         To Consider Facilitator’s Summary of Issues and Recommendations for the Commission’s 2013 Annual Report

·         To Consider/Decide on Technical Advisory Committees Reports/Recommendations.

·         To Consider/Decide on POCs Reports/Recommendations: Education and Product Approval Program Oversight Committee (POCs).

·         To Hear Public Comment

·         To Identify Needed Next Steps, Assignments, and Agenda Items For Next Meeting

 

Approval of Procedural Topics, Agenda and Minutes:

Chairman Browdy entertained a motion to approve the April 9, 2013 agenda as presented.  Motion entered and seconded, passed unanimously.  Chairman Browdy stated agenda was approved as submitted and posted.

Chairman Browdy entertained a motion for approval of the February 4-5, 2013 Facilitators Summary Report and meeting minutes, March 18, 2013 Teleconference minutes and April 1, 2013 Teleconference minutes received electronically prior to today’s meeting.  Commissioner Schiffer requested a change on page 4 under HB 1245/SB1252 in the March 18th 2013 Teleconference minutes.  Chair Browdy acknowledged, changes were provided to staff.  Chairman Browdy entertained a motion to approve the Facilitator report and minutes as presented and posted with changes.  Motion entered and seconded, passed unanimously. 


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Chair’s Discussion Issues and Recommendations:

 

a)                  Appointments {Commission-POCs/TACs-Workgroups-Committees}

Chair Browdy stated he was happy to report that the Governor had confirmed re-appointments and made one new appointment to the Commission have been confirmed by the Senate.  Chair Browdy provided the following Commissioners and their related terms:  Bob Boyer, term expiration 7/26/2015, Oscar Calleja, term expiration 2/3/2015, Kevin Flanagan, term expiration 1/30/2015, Charles Frank, term expiration 3/11/2017, Jeff Gross, term expiration 11/21/2015, Brad Schiffer, term expiration 8/11/2015, Jim Schock, term expiration 1/12/2015, Jeff Stone, term expiration 7/27/2015, Brian Swope, term expiration 5/1/2015 and Chairman Browdy term expiration 10/13/2015.  Chair Browdy reminded the Commission that during the last Legislative Session the Senate adjourned without confirmation of all of the Governor’s appointments except certain ones and these confirmations although late were welcomed as it enables the completion of the legal requirement for sitting a Commissioner on the Florida Building Commission.  Chair Browdy advised the only new appointment that was not confirmed at this point is Nan Dean and also Beth Meyer whose appointment just occurred Thursday of this past week.  He stated that confirmation was delayed to allow for the appointment to be extended for four additional years since the initial appoint expired on April 5, 2013.  Nan Dean is listed as having another term in place for with an expiration of 2017.  Chair Browdy stated the Commission could expect the confirmation letter at a later date.  He stated that the new appointment by Governor Scott’s Office, the Governor has made an appointment to seat representing persons with disabilities.  Chair Browdy further stated that the Governor has appointed Beth Meyer.  He advised Ms. Meyer’s works with the City of Jacksonville, as the ADA Coordinator for the City of Jacksonville with a title of Manager of Disabled Services for the City of Jacksonville.  Chair Browdy stated he knew the Commissioner would giver Ms. Meyer a warm welcome.  He stated it is very important to have that chair filled and the Commission is very fortunate to have the position filled with such a qualified individual.  Chair Browdy stated that the full confirmation has not been completed for Ms. Dean or Ms. Meyer to allow for the full four years listing their term through 2017.  Chair Browdy advised that Commissioner Meyer will also be assigned to serve on the Accessibility TAC.  He also advised that he is appointing Jim Ginas to the Code Administration TAC representing manufactured building interest.  Chair Browdy stated in regards to the Education POC he recently appointed Commissioner Nan Dean as Chairman for the Education POC and held her first meeting April 8, 2013.

 

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b)                  2013/2014 Meeting Locations

Jim Richmond provided the Commission with the proposed dates and locations of the 2013 and the first half of 2014 meetings.  He advised that the Commission will start meeting on Thursday and Friday in lieu of Monday and Tuesday beginning with the month of August.

June 10 – 11, 2013 Daytona Beach (Hilton Daytona Beach)

August 22 - 23, 2013 Boca Raton (Marriott Boca Raton at Boca Center)

October 17 – 18, 2013 Kissimmee (Gaylord Palms) Alternate location to be established

December 12–13, 2013 St. Pete Beach (Tradewinds Islands)

February 20-21, 2014 St. Augustine (World Golf Village)

April 16-17, 2014 Kissimmee (Gaylord Palms)-Alternate location to be established

June 19-20, 2014 Daytona Beach (Hilton Daytona Beach)

 

Mr. Richmond explained that the Gaylord Palms could not accommodate our meeting needs thus the reason for seeking an alternate location in Kissimmee.  Mr. Richmond did point out to the Commission that due to Good Friday, the April 2014 meeting will be held on Wednesday and Thursday.

c)                  Building Code Advisory Board of Palm Beach County Correspondence

Chair Browdy advised the Commission received a written request from the Building Code Advisory Board of Palm Beach County for evaluation of issues regarding fastener corrosion. Jim Richmond provided an overview of the issue and provided staff’s recommended course of action to move to the Roofing TAC to explore issues and concerns.

 

Chair Browdy referred to Roofing TAC inviting interested parties to the meeting.


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Chair’s Discussion Issues and Recommendations (cont.)

 

d)                 Legislative Issues Update Teleconference Calls

 

Jim Richmond advised that there was a meeting scheduled for last week, April 1st, but due to technical difficulties and the meeting this week, it was cancelled.  Commissioners we have teleconference calls tentatively scheduled for the following Monday’s during the 2013 Legislative Session as follows:

April 22, April 29 and May 13 starting at 10:00 AM. Staff will notify the Commission regarding whether we will have the calls based on the status of developing legislative issues of interest to the Commission.

 

Mr. Richmond stated that SB 1252 and 1442 are both on the Regulated Industry agenda for consideration this afternoon.  He stated that SB 1252 is significant to the Building Commission related legislation; amendments are being filed to make it substantially similar to its House companion bill HB 1245 which was heard last week.  Jim stated that this bill of particular note will add a 26th member to the Building Commission representing interest in gas, natural gas.  He stated gas is the primary item in that bill.  Jim stated that the other bill SB 1442 is low voltage alarm system contracting and permitting and basically establishes an alternate means of by which the codes requirements for low voltage wiring of alarm systems will be enforced, there is an amendment on that bill to exempt or accept fire alarm systems from the coverage of that bill.  Jim advised the HB companion HB 973 was voted out of the Department of Business and Professional Regulation on March 20th.  He stated that these are the only bills with movement in the Legislature.

 

Commission Effectiveness Assessment Survey Results:

 

Chairman Browdy noted that each year the Commission conducts an Effectiveness Assessment Survey to gauge the Commission’s perspective on seven key metrics. Over the years the survey input has been the basis for many enhancements to the Commission’s procedures. Jeff Blair reviewed the results of the Annual Effectiveness Assessment Survey for 2013 and answered member’s questions.

 


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Commission Effectiveness Assessment Survey Results (cont.):

 

Following are the compiled Effectiveness Assessment results from 2000 – 2013:

 

Workplan Prioritization Exercise

 

Jeff Blair reviewed the results of the 2013 Workplan Prioritization Exercise and answered member’s questions. Commissioners were asked to rank each of eight (8) key Workplan Tasks on a five-point continuum/scale where a 5 equals the highest level of priority and a 1 equals the lowest level of priority. Members were asked to rank the priority of each task independently and not in relation to the other tasks. Each of the Workplan Task’s rankings were tallied and arranged in order of highest priority (1) to lowest priority (10). The ranking results ranged from a high of 4.57 to a low of 3.14out of 5.

 

 

 


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April 9, 2013

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Following are the results of the Commission’s prioritization exercise for 2013:

 

 

 

Effective Date of the next Edition of the Florida Building Code

Mo Madani, DBPR Code Technical Manager, reviewed a proposed revised effective date and related implementation schedule for the 2013 Florida Building Code with the Commission, and answered member’s questions. Mo noted that staff is recommending the effective date for the 2013 Code be changed from March 1, 2014 to December 31, 2014 to sync with the effective date of the Florida Fire Prevention Code and to provide adequate time to prepare a fully integrated updated Code.  Chairman Browdy reported that the Commission should consider allowing the 2013 Code once adopted to be used on a voluntary basis as an alternate equivalent to the current edition of the Code prior to the effective date of the 2013 Code. The Chair noted the Commission should consider this

action when they formally adopt the 2013 Florida Building Code.  Following questions and answers, public comment and discussion the Commission took the following action:

 

Commission Action:

A motion was entered and seconded, the Commission voted, 16 - 3 in favor, to maintain the March 1, 2014 effective date of the 2013 Florida Building Code, and for staff to revise the Workplan to reflect this schedule.


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Accessibility Waiver Applications:

April Hammonds, Accessibility Advisory Council legal advisor, presented the Accessibility Advisory Council’s recommendations for all applications, and the Commission reviewed and decided on the Waiver applications submitted for their consideration. A complete summary of accessibility waiver applications and Commission actions is included as an attachment to this Report.

 

Fifth Street Marina, 341 NW South River Drive, Miami – deferred by TAC

Commission Action: Motion to defer, seconded vote was unanimous with Chair.

Fifth Street Marina, 341 N. W. South River Drive, Miami

Holiday Surf and Racquet Club Condominium, 520 Gulfshore Drive, Destin – deferred by TAC.

Commission Action: Motion to defer, seconded, vote was unanimous with Chair.

Holiday Surf and Racquet Club Condominium, 510 Gulfshore Drive, Destin

Greater Tallahassee Chamber of Commerce, 300 Park Avenue. Tallahassee – TAC granted waiver.

Commission Action: Motion to grant waiver, seconded, vote was unanimous with Chair.

Greater Tallahassee Chamber of Commerce, 300 Park Avenue, Tallahassee

Claremont Hotel, 1700 Collins Avenue, Miami Beach – TAC granted waiver for technical infeasibility.

Commission Action: Motion to grant waiver based on technical infeasibility, seconded, vote was unanimous with Chair.

Claremont Hotel, 1700 Collins Avenue, Miami Beach

Xtreme Pool Challenge, 161 N. Atlantic Avenue, Cocoa Beach – TAC, no recommendation split vote did not support.

Commission Action: Motion to deny waiver seconded, vote was 18 in favor of denial with one negative vote

Xtreme Pool Challenge, 161 N. Atlantic Avenue, Cocoa Beach


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Consideration of Applications for Product and Entity Approval

Commissioner Stone presented the committee’s recommendations for entities and product approvals on the consent agenda for approval, and Jeff Blair presented the recommendations for product approvals with comments and/or discussion.

 

Commissioner Stone advised that there were 35 entities recommended by consent for approval by the POC.  He entered a motion for approval by the Commission, seconded, passed unanimously with Chair.

 

Commissioner Stone stated there were 106 products on the consent agenda as approve by the POC.  He entered a motion to approve, seconded, and passed unanimously with Chair.

 

Commissioner Stone advised there were seven products up for discussion from the POC.

Mr. Blair listed the products up for discussion as listed below:

1.)    12918R-1 recommendation is to defer, motion to approve deferral, seconded, passed unanimously with Chair.

2.)    10746R-1-recommendation for approval, motion to approve, seconded, passed unanimously with Chair.

3.)    103213R-1 recommendation for approval, motion to approve, seconded, passed unanimously with Chair.

4.)    16220- recommendation for conditional approval with revised subcategory of the application to fixed, motion to grant conditional approval, seconded, passed unanimously with Chair.

5.)    8262R-4 recommendation for conditional approval with revised test report to indicate the type of the SBS as tested, motion to grant conditional approval, seconded, passed unanimously with Chair.

6.)    15895R-1 – recommendation for approval, motion to approve, seconded, passed unanimously with Chair.

7.)    2075R-6 – recommendation for conditional approval with revised NOA file with proper corrected version, motion to grant conditional approval, seconded, passed unanimously with Chair.


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Applications for Accreditor and Course Approval:

 

Commissioner Dean presented the applications, and the Commission reviewed and decided on the accreditor and course applications submitted for their consideration as follows:

 

Courses:

#564.0 (based on the lack of inclusion of various student exercises, which were noted in the syllabus to be used to verify student understanding of the course content).

Commission voted unanimously, 17 – 0 in favor, to defer approval of advanced

 

#566.0. Commission voted unanimously, 18 – 0 in favor, to approve advanced course

 

#569.0. Commission voted unanimously, 18 – 0 in favor, to approve advanced course

 

#565.0.Commission voted unanimously, 19 – 0 in favor, to approve advanced course

 

#567.0 (based on the lack of inclusion of a multiple choice exam and answers, the inclusion of a Permit Form and Notice of Commencement Form which are not code related, and the lack of provision of two Florida specific sub-sections on the E-Occupancy slide (18)). The Commission voted unanimously, 19 – 0 in favor, to defer approval of advanced

 

#573.0.Commission voted unanimously, 19 – 0 in favor, to approve advanced course

 

Consent Agenda: #170.1, #175.1, #178.1, #173.1, and #176.1. The Commission voted unanimously, 19 – 0 in favor, to approve the consent agenda.

 

Self affirmed advanced  #317.1 (based on the citing of the 2007 version of the Florida Building Code instead of the 2010 version, both on the course syllabus and on numerous slides throughout the actual course materials). The Commission voted unanimously, 19 – 0 in favor, to defer approval of self-affirmed course.

 

Self-affirmed advanced #484.0. Commission voted unanimously, 19 – 0 in favor, to approve

 

 

 

 

 

 

 

 

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Consideration of Legal Issues and Legislative Issues:

 

Petitions For Declaratory Statements

 

April Hammonds, Esq. advised of the following declaratory statements.

 

DS 2013-001 petitioned by Ken Rich

The Commission voted 19 – 0 in favor, to approve the Fire TAC’s recommendation on the petition.

DS 2013 – 001 by Ken Rich

 

DS 2013-011 by Robert Fine

The Commission voted 19 – 0 in favor, to approve the Accessibility and Swimming

Pool TACs’ recommendation on the petition.

DS 2013-011 by Robert Fine

DS 2013-013 by Robert Lorenzo

The Commission voted 18 – 0 in favor, to approve the Code Administration and Special

Occupancy TACs’ recommendation on the petition.

DS2013-013 by Robert Lorenzo

 

 

Proposed Rulemaking Rule 61 G20-4.001, Procedures and Accessibility Waiver Fees

 

Chairman Browdy noted Section 553.512 (1) provides that the Commission shall establish by rule a fee to be paid upon submitting a request for an Accessibility Code waiver. The Commission voted to initiate rulemaking in October of 2010 to establish fees for waiver applications but the initiative was delayed due to administrative and logistical issues associated with the Governor’s directive regarding rulemaking and scheduling issues. FBC Executive Director Jim Richmond provided the Commission with an overview of the issue regarding Rule 61G20-4.001, Procedures, Accessibility Waiver Fees and staff’s recommendations going forward. Jim reported that JAPC contacted staff to inform them that the rule is yet to be implemented per statutory direction and noted that the Commission should proceed with rule development. Jim noted that staff recommended the Commission proceed with rulemaking for Rule 61G20-4.001, Procedures – Accessibility Waiver Fees, by conducting a supplemental rule development workshop at the August 2013 meeting and a rule adoption hearing at the October 2013 meeting. In addition, the issue of recommending a fee should be referred to the Accessibility TAC for their evaluation and recommendation to the Commission. Following questions and answers, public comment and Commission discussion, the Commission took action as follows.

 

 

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April 9, 2013

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Proposed Rulemaking Rule 61 G20-4.001, Procedures and Accessibility Waiver Fees (cont):

 

In response to JAPC comments and DBPR staff recommendations the Commission took the following actions:

 

The Commission voted unanimously, 18 – 0 in favor, to notice a supplemental rule

development workshop for Rule 61G20-4.001, Procedures – Accessibility Waiver Fees, tasking the Accessibility TAC with developing recommendations on a fee, and holding the supplemental rule development workshop in August 2013 and a rule adoption hearing in October 2013.

 

Binding Interpretation #91:

 

The Chair reported that at the February 2013 meeting staff reported that an appeal of Binding Interpretation #91 (petition challenging interpretation) issued by BOAF on the 2007 Florida Building Code, Building, Section 3109—Coastal Construction Control Line (CCCL) requirements had been received by the Commission with a request for a Petition for Formal Administrative Hearing. At the April 2013 meeting Kyle Christopher (DBPR litigation counsel) presented a proposal for resolution in the form of a Settlement Stipulation between Beachlen Development Company, LLC and DBPR and the Florida Building Commission regarding DOAH Case Nos. 13- 580 and 13-769. Following questions and answers, public comment and Commission discussion,  The Commission voted unanimously, 19 – 0 in favor, to adopt the settlement as set forth in the Settlement Stipulation by entry of a final order of the Florida Building Commission adopting the Settlement Stipulation regarding DOAH Case Nos. 13-580 and 13-769.

 

Committee Reports and Recommendations:

 

Chairman Browdy requested TAC and POC chairs confine their reports to a brief summary of any key recommendations, emphasizing any issues requiring an action from the Commission. The Chair requested if the TAC/POC requires Commission action, to frame the needed action in the form of a proposed motion. This will ensure that the Commission understands exactly what the TAC/POC’s are recommending, and the subsequent action requested of the Commission. The Chair explained that the complete reports/minutes will be linked to the committees’ subsequent agendas for approval by the respective committees. Committee reports are available at the following URL (linked to Commission’s April 9, 2013 Agenda):

http://www.floridabuilding.org/fbc/commission/FBC_1212/index.htm

 


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Committee Reports and Recommendations (cont):

 

Accessibility TAC

 

Commissioner Gross presented the TAC’s report and any recommendations. Motion enter to accept report, seconded voted unanimously, 18 – 0 in favor, to accept the TAC’s report

Accessibility TAC

 

Building Code System Uniform Implementation Evaluation Workgroup

Jeff Blair, Facilitator, presented the Workgroup’s report and any recommendations

The Commission voted unanimously, 18 – 0 in favor, to accept the Workgroup’s report

http://consensus.fsu.edu/FBC/BCSUIEWG.html )

 

Code Administration TAC

Commissioner Gonzalez presented the TAC’s report and any recommendations.The Commission voted unanimously, 15 – 0 in favor, to accept the TAC’s report.

Code Administration TAC

 

Education POC

Commissioner Dean presented the POC’s reports and any recommendations.  The Commission voted unanimously, 15 – 0 in favor, to accept the POC’s reports

Education POC

 

Fire TAC

Commissioner Bahadori presented the TAC’s report and any recommendations. The Commission voted unanimously, 15 – 0 in favor, to accept the TAC’s report

Fire TAC

 

Hurricane Research Advisory Committee

Mo Madani, presented the HRAC’s report and any recommendations. The Commission voted unanimously, 16 – 0 in favor, to accept the Committee’s report

Hurricane Research Advisory Committee

 

Product Approval POC

Commissioner Stone presented the Committee’s report and any recommendations. The Commission voted unanimously, 16 – 0 in favor, to accept the POC’s report

The Commission also voted unanimously, 16 – 0 in favor, to approve proceeding with the, Invitation to Negotiate (ITN) for administrative services for the Product Approval System, and for Commissioner Stone to serve on the evaluation and negotiation teams.

Product Approval POC


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Committee Reports and Recommendations (cont):

 

Special Occupancy TAC

Commissioner Hamrick presented the TAC’s report and any recommendations.  The Commission voted unanimously, 17 – 0 in favor, to accept the TAC’s report

Special Occupancy TAC

 

Swimming Pool TAC

Mo Madani, presented the TAC’s report and any recommendations.  The Commission voted unanimously, 17 – 0 in favor, to accept the TAC’s report

Swimming Pool TAC

 

 

Summary of Issues and Recommendations For Inclusion in the Commission’s

2012-2013 annual report

 

Chairman Browdy reported that from this point forward the Commission’s Annual Report will be submitted at the end of June to correspond with the fiscal year and to provide sufficient time for legislative issues to be vetted through the Department’s review process. In order to meet this schedule the Chair tasked Jeff Blair with preparing a Draft Summary of Issues and Recommendations for the April 2013 meeting and a draft Report to the Legislature for approval at the June 2013 meeting. Jeff Blair reviewed the issues and recommendations with the Commission, and reported that the Annual Report provides an update on all key Commission actions, assignments and initiatives taking place during the reporting period of January 1, 2012 – June 30, 2013, as well as Commission recommendations to the Florida Legislature. Jeff reported that going forward the Annual Report will cover the fiscal year period of July 1 – June 30 annually. Jeff reviewed the format of the Report, key topics included in the Report and three recommendations from the Building Code System Uniform Implementation Evaluation Workgroup. Following questions and answers, public comment, the Commission had a discussion, the Commission entered the following motions:

 

The Commission voted unanimously, 17 – 0 in favor, to recommend to the Florida Legislature that a definition of the term “local technical amendment” be added to Chapter 553.73, F.S., as follows: “An action by a local governing authority that results in a technical change to the Florida Building Code and its local enforcement.”

 

The Commission voted unanimously, 17 – 0 in favor, to recommend to the Florida Legislature that the Commission be granted statutory authority to interpret the Florida Accessibility Code for Building Construction consistent with the Commission’s ability to interpret all of the other sections of the Code.


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Summary of Issues and Recommendations For Inclusion in the Commission’s

2012-2013 annual report (cont):

 

The Commission voted unanimously, 17 – 0 in favor, that Chairman Browdy should

work with DBPR staff to draft a letter to all of Florida’s city and county attorneys, city and county managers and mayors regarding the statutory requirements contained in Section 553.73 (4)(b)(5.),F.S., requiring any amendment to the Florida Building Code: “shall be transmitted within 30 days by the adopting local government to the commission. The commission shall maintain copies of all such amendments in a format that is usable and obtainable by the public. Local technical amendments shall not become effective until 30 days after the amendment has been received and published by the commission.”

 

The Commission voted unanimously, 17 – 0 in favor, to adopt the Draft Summary of

Issues and Recommendations for inclusion in the Commission’s 2012-2013 Annual Report.

 

There were no additional Commission actions.

 

Public Comment:

 

Commission’s substantive discussion agenda items. In addition, Chairman Browdy invited members of the public to address the Commission on any issues under the Commission’s purview.

 

Jack Glenn (FHBA): requested that the Commission agenda be posted earlier in the future to provide adequate time for making meeting plans and reservations.

Dick Wilhelm (AAMA): requested that drinking water be provided in the room for meetings.

Jack Glenn (FHBA): a bill is proposed to clarify issue regarding duct testing.


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Commissioner Comment:

 

Commissioner Calleja: when there is a conflict between the Code and statutory requirements building officials sometimes try to enforce the Code, when the statutory requirements should prevail.

 

Response: the Glitch process is to correct a conflict between the Code and legislation by making the Code consistent with legislation (statutory requirements).

 

Commissioner Tolbert stated if this occurs the local appeals process can be used.

 

Commissioner Calleja: a letter should be sent by the Commission to local building departments informing them that statutory requirements prevail over Code requirements, and the Glitch process provides a mechanism to revise the Code to correlate with statutory requirements.

 

There was no further business,.

 

Adjournment:

 

The Chair thanked Commission members and the public for their attendance and participation, and adjourned the meeting at 11:30 AM on Tuesday, April 9, 2013 following a unanimous vote of 18 – 0 in favor of adjournment.