Florida Building Commission


Meeting Minutes

May 31, 2013

2:00PM. – Until Completion


Meeting was held via teleconference/webinar:

Webinar: Go to


Teleconference: 1-888-670-3525  Code: 6062326940

public point of access: Department of Business and Professional Regulation

Northwood Centre, Suite 90, 1940 North Monroe Street, Tallahassee, FL 32399 (850) 487-1824


TAC Objectives

Code Administration TAC Members Present: Chairman; Herminio Gonzalez, Dick Browdy, Charlie Frank, Jim Ginas, Tim Tolbert, John O’Connor, Bob Boyer, John Scherer.

Code Administration TAC Members Absent: Hamid Bahadori, Bill Dumbaugh.

Alternate: Rusty Carroll for Bill Dumbaugh

Staff Present: Jim Hammers, Robert Lorenzo, April Hammonds, Mo Madani, Jim Richmond and Patrick Spooks, Marlita Peters

Guests: Darryl Phillips, Jim DiPietro

Ř  Objective - The purpose of this meeting is to review and provide recommendations on Declaratory Statements and other business on behalf of the Commission.


Meeting Minutes


Review of objectives will include the following:  Description of issue, discussion by TAC, public comment, TAC action.


Welcome and Opening Remarks. Meeting opened at 2:01pm


Roll Call was taken and a quorum was present.


Review and Approval of Meeting Agenda

Motion to approve minutes by Mr. O’Connor seconded by Mr. Boyer.  Unanimous vote to approve with no changes.


Review and Approval of Meeting Minutes of March 28, 2013

Motion by Mr. O’Connor to approve previous Minutes of March 28, 2013, seconded by Mr. Bob Boyer.  Vote taken with a unanimous vote to accept with no changes.


Review and provide recommendation on Declaratory Statement

DS2013-031 by Broward County Board of Rules and Appeals.         Staff Analysis

Mr. DiPietro deferred comments regarding his request for declaratory statement to Mr. Madani who provided the staff analysis basically stating that the chickee in question was constructed by the Seminole Tribe and because they now wish to add additional electrical plumbing and gas elements to the chickee, it must now comply with the Florida Building Code.

Motion by Mr. John O’Connor, seconded by Mr. Jim Ginas.  Vote taken with a unanimous approval to accept staff recommendations as follows:


To Question 1a: By adding these elements (sinks, electrical outlets, etc.) does that mean that the status of the exemption used to construct the Chickee without a building permit is null and void?

The answer is YES, adding the elements (sinks, electrical outlets, etc.) to the “Chickee” in question would mean that the “Chickee”  as a structure is no longer in compliance with the literal requirements of section 102.2(h) of the 2010 FBC, Building and therefore would be no longer  exempted from compliance of the FBC.


To Question 1b: If the answer to question “a” is yes, does that mean that the Chickee structure must get a building permit and comply with the current building codes? 

The answer is YES, the “chickee” in question would be required to demonstrate compliance with the current FBC as applicable. 


To Question 2: Does the fact of whether the utility services; electric; plumbing; propane or natural gas appliances are attached or not attached to any part of the structure/Chickee change the interpretation of Question 1?

The answer is NO, the definition of the term “chickee” does not differentiate or provide for allowance to whether the utility services, (electric, plumbing, propane or natural gas appliances) are attached or not attached to any part of the structure/chickee.


Other Commission business – There was no other business to discuss.


Public Comment – No further public comments provided.


Member Comment – No further member comments provided.


Schedule next meeting – Next meeting to be determined.


Adjournment. – Meeting adjourned at 2:14pm.



Staff Contacts: Marlita Peters, Marlita.peters@myfloridalicense.com, (850) 922-6864; Mo Madani, mo.madani@myfloridalicense.com 

Note: This document is available to any person requiring materials in alternate format upon request.  Contact the Department of Business and Professional Regulation, Office of Codes and Standards, 1940 N. Monroe Street, Suite 90, Tallahassee, Florida 32399-0772 or call 850-487-1824.