FLORIDA BUILDING COMMISSION

SUPPLEMENT TO THE AUGUST 21, 2007 MINUTES

Overview of Commission’s Key Decisions

TUESDAY, AUGUST 21, 2007

Welcome

Chairman Rodriguez welcomed the Commission, staff and the public to the August 2007 plenary session, and once again thanked TAC members and DCA staff for doing an excellent job in reviewing and making recommendations regarding proposed code amendments for the 2007 update to the Florida Building Code. Chairman Rodriguez noted that Mo Madani and his staff did an excellent job in organizing the proposed code amendments by subject area, as well as with the integration of Florida specific amendments, and staff’s efforts enhanced the TAC’s ability to effectively review the proposed amendments. Chairman Rodriguez thanked Joe Bigelow, Bruce Ketcham, Mo Madani, Ann Stanton, and Betty Stevens for the excellent job they did in reviewing and organizing the proposed Code modifications for the 2007 Code Update. The Chair noted that the primary focus of the August Commission meeting would be to consider eight (8) rule hearings.

Agenda Review and Approval

The Commission voted unanimously, 18 - 0 in favor, to approve the agenda for the August 21, 2007 meeting as amended (added consideration of settlement of an appeal to DCA07-DEC-111, and two additional accessibility waiver applications). Following are the key agenda items approved for consideration:

· To Consider Regular Procedural Issues: Approval of the June 26 - 27, 2007 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 Consider Settlement Agreement to Appeal of DCA07-DEC-11.

· To Consider Two Additional Accessibility Waiver Applications: FAU and FIU.

· To Hear an Update Report on Binding Interpretations.

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

· To Consider/Decide on Accessibility, Code Administration, Electrical, Energy, Fire, Mechanical, and Structural Technical Advisory Committees (TAC’s) Report/Rec’s.

· To Consider/Decide on Product Approval/Prototype Buildings/Manufactured Buildings and Education Program Oversight Committee (POC’s) Reports/Recommendations.

· To Consider Recommendations from the Budget Committee and Termite Workgroup.

· To Hear an Update on the Code Administration Assessment Project.

· To Conduct Supplemental Rule Adoption Hearing on Rule 9B-7.0042, Florida Accessibility Code.

· To Conduct Rule Adoption Hearing on Rule 9B-7.003, Florida Accessibility Code,

· To Conduct Supplemental Rule Adoption Hearing on Rule 9B-72, Product Approval.

· To Conduct Rule Adoption Hearing on Rule 9B-74, Prototype Building.

· To Conduct Rule Adoption Hearing on Rule 9B-3.0472, Carbon Monoxide Detectors.

· To Conduct Rule Adoption Hearing on Rule 9B-3.0475, Wind Mitigation Retrofits.

· To Conduct Rule Adoption Hearing on Rule 9B-3.0477, Electrical Bonding of Pool Decks.

· To Conduct Rule Adoption Hearing on Rule 9B-3.047, Florida Building Code.

· To Discuss Commissioner Issues.

· To Receive Public Comment.

· To Review Committee Assignments and Issues for the Next Meeting—Oct. 1 - 3.

Review and Approval of the June 26 - 27, 2007 Meeting Minutes and Facilitator’s Summary Report

Motion—The Commission voted unanimously, 18 - 0 in favor, to approve the June 26 - 27, 2007 Minutes as amended and Facilitator’s Summary Report as presented.

Chair’s Discussion Issues and Recommendations

A. Commission Appointments

Chairman Rodriguez reported that he had contacted the Governor’s appointment office on August 9, 2007 and spoke with David Mica, analyst in charge of FBC appointments, to inquire regarding the status of appointments to the Commission. The Chair noted he was informed that their intention is to make all of the appointments prior to the October 2007 Commission meeting. They are currently in the process of reviewing applications for the various expired and soon to expire terms (13 of 23 positions). The Chair advised Commissioners who would like to remain on the Commission, and have not already done so, to send in their application(s) to the Governor’s office right away. The application form is located on the Governor’s Office webpage (www.flgov.com).

The Chair invited all Commissioners who roll-off of the Commission to attend the October 2007 Commission meeting for an appreciation as a guest of the State. The Chair thanked Ila Jones and DCA for providing support for this function.

B. Association Product Approval Strategy Change

Chairman Rodriguez explained that after considering the request from stakeholders for a workshop to review the issue of association product approvals for shutter manufacturers with staff, who also consulted with Commissioner Carson, it was determined that the issue was already covered within the current product approval rule paradigm (field rolled roofing). Instead of a special workshop the issue was referred back to the POC to determine how the issue should be addressed within the existing rule.

The POC met on Monday and Commissioner Carson reported that the POC considered a variety of options and assigned staff to work with stakeholders and bring a proposal(s) to the October 2007 POC meeting.

C. Special Session

The Chair noted that special session will convene on September 18, 2007 and is anticipated to last through the beginning of October. As has been done in the past, staff will notice a Commission teleconference meeting for Monday, September 24, 2007 at 10:00 AM in order to keep the Commission informed, as well as providing an opportunity for the Commission to provide input to the Legislature on any relevant issues. Staff will send a reminder with a call-in number as soon as logistics are arranged.

D. Governors Executive Order 07-127

Chairman Rodriguez reported that Governor Crist has issued Executive Order 07-127 establishing actions to reduce greenhouse gas emissions within Florida, and a component of the EO has an impact on the energy performance requirements of the Florida Energy Code. DCA Secretary Tom Pelham is planning to attend the October Commission meeting to meet the Commission, and at that time he will provide the Commission with direction from the Governor.

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.

Two additional waiver applications were considered: FAU and FIU.

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

Petitions For Declaratory Statements

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

Binding Interpretations

Jim Richmond, Commission attorney, reported on the following two binding interpretations. Jim noted that no action was required by the Commission.

Petition 15: Section 1010.8 [The Petition was rejected because it was not heard by the local Board of Rules and Appeals]

Petition 19: Section 424.2.17.1.2 [Outdoor swimming pools shall be provided with a barrier.]

Second Hearings

DCA07-DEC-105 by Leonard Devine, Palm Beach County Building Department

Motion—The Commission voted 17 – 0 in favor, to approve their previous action on the petition.

First Hearings

DCA07-DEC-085 by Walter A. Tillit, Jr., PE, TilTeco Inc.

The petition was deferred to the October 2007 meeting for consideration by the Structural TAC.

DCA07-DEC-110 by Tommy L. Bruner, Kenco Communities at Ibis, Inc.

The Petition was withdrawn.

DCA07-DEC-115 by Kelly Carman, PE, Leo A Daly

The Commission voted unanimously, 17 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-116 by Jeffrey K. Hulsberg, PE, Hulsberg Engineering, Inc.

The Commission voted unanimously, 16 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-133 by Kenneth R. Pfeiffer, PE, Pfeiffer Engineering, Inc.

The Petition was withdrawn.

DCA07-DEC-135 by Emil Veksenfeld, PE

The petition was deferred for additional information.

DCA07-DEC-136 by Billy Tyson, CBO, CRA Architects

The Petition was withdrawn.

DCA07-DEC-141 by John Leedy, PE, Leedy Electric Corp.

The Commission voted unanimously, 16 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-145 by Jode L. Barrows, JLB Drafting

The Commission voted unanimously, 16 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-146 by Jode L. Barrows, JLB Drafting

The Commission voted unanimously, 17 – 0 in favor, to approve the TAC’s recommendations

on the petition as presented.

DCA07-DEC-11

The Commission voted unanimously, 17 – 0 in favor, to approve the settlement agreement as drafted.

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.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor to accept the report.

Motion—The Commission voted unanimously, 18 – 0 in favor to schedule a hotel accessibility

charette June 2008 in Fort Lauderdale.

Motion—The Commission voted unanimously, 18 – 0 in favor to direct DCA staff to contact BOAF

and ICC regarding the ICC Florida Accessibility Manual, and advised that Chapter 11 represents the only acceptable design document for Florida.

Motion—The Commission voted unanimously, 18 – 0 in favor to approve two agenda items for the TAC’s

next meeting: 20% rule and alternatives for new construction standards,

(See Commission Minutes for Committee report)

Code Administration TAC

Commissioner Wiggins presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 17 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Electrical TAC

Commissioner McCombs presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 17 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Energy TAC

Commissioner Greiner presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 17 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Fire TAC

Meeting was cancelled due to a withdrawn declaratory statement.

Mechanical TAC

Commissioner Bassett presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 17 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Plumbing TAC

Meeting was cancelled due to a withdrawn declaratory statement.

Structural TAC

Commissioner Kim presented the Committee’s report.

Commission Actions:

Motion—The Commission voted unanimously, 16 – 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, 18 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Education POC:

Motion—The Commission voted unanimously, 16 – 0 in favor, to approve conducting a rule development workshop on draft language to the Disciplinary Accreditor Rule at the October 2007 Commission meeting.

Motion—The Commission voted unanimously, 16 – 0 in favor, to approve proposed disclaimer language for courses that do not meet the 50% content rule.

Motion—The Commission voted unanimously, 16 – 0 in favor, to give away, free of charge, all DCA developed courses that are currently being sold to private providers for the purpose of updating to current editions of the Code.

Motion—The Commission voted unanimously, 17 – 0 in favor, to approve the following courses. Each course was voted on individually with a 17 – 0 vote:

#242, #243, #244, #241, #245, #246, and #248.

Motion—The Commission voted unanimously, 18 – 0 in favor, to approve Fl. Building Code advanced course: BCIS # 240..

Product Approval POC

Commissioner Carson presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

Commission Actions—Product Approval POC:

Motion—The Commission voted unanimously, 18 – 0 in favor, to add a conditional validation deadline date to 5 days prior to the new application deadline.

Motion—The Commission voted unanimously, 18 – 0 in favor, to move the validation deadline for 2008 two days prior to the current scheduling to twenty one days from the validation deadline.

Motion—The Commission voted unanimously, 18 – 0 in favor, to begin the revocation process for FL1453, FL1453-R1 and FL6112.

Motion—The Commission voted unanimously, 18 – 0 in favor, to defer action on DCA07-DEC-088 to the October meeting with review by the Structural TAC.

(See Commission Minutes for Committee report)

Budget Committee Report

Rick Dixon reported that the Budget Committee met on June 26, 2007 and discussed financial issues.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor to accept the report.

Termite Workgroup Report and Recommendations

Jeff Blair reported on the June 20, 2007 Termite Workgroup meeting and answered members questions.

Commission Actions:

Motion—The Commission voted unanimously, 18 – 0 in favor to accept the report.

Code Administration Assessment Project Update

Jeff Blair reported that he has been working on the project regarding assessing the Code administration needs of local governments and considering measure to improve the uniform and effective enforcement of the Code (Workplan Task 13, page 9 of the agenda packet). The end result will be an assessment report with recommendations to the Code Administration TAC and Commission. Jeff, working with DCA staff and BOAF, designed an on-line survey in order to ensure that the needs and views of the broadest possible spectrum of local jurisdictions are considered and the survey is in operation. BOAF’s Executive Director Don Fuchs and Training and Codes Administrator Doug Harvey, have linked the survey to BOAF’s website and distributed the survey to members.

Introduction to Rule Hearings

Chairman Rodriguez noted that the Commission was considering eight (8) rule adoption hearings and that Jim Richmond and Jeff Blair would review procedural and process issues with the Commission. The Chair explained that for the Wind Mitigation Retrofits Rule (Rule 9B-3.0475), the Commission has a legislatively mandated implementation date of October 1, 2007, and in order to comply with the deadline the Commission would need to move to proceed with rule adoption without further changes. The Chair acknowledged that the current draft needs enhancements and the Commission is committed to working with stakeholders during the Glitch Code process. The Chair also explained that for the Building Code Rule (Rule 9B-3.047) the Commission should approve final changes during the rule adoption hearing in order to meet the publication date of January 1, 2008 and the implementation date of October 1, 2008.

Supplemental Rule Adoption Hearing on Rule 9B-7.0042, Florida Accessibility Code

Chairman Rodriguez explained that the rule development effort is being conducted in order to implement the Accessibility TAC’s recommendations to the Commission regarding integrating standards for marking accessible parking spaces and addresses curb ramp width eliminating an erroneous exception. The August hearing is the final step in the process to implement by rule these Accessibility amendments (section 11-4.6.4 and section 11-4.7.3 respectively).

The Rule Adoption Hearing was opened and a draft of the rule was projected, and then 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-7.0042, the Florida Accessibility Code Rule, integrating and noticing the approved changes and proceeding with rule adoption without conducting an additional hearing.

Approved Changes

Add meeting the requirements of to parking spaces language.

Correct which section number should be deleted regarding the exception: leave 11-14.7.3 and delete exception to 11-14.8.3.

Rule Adoption Hearing on Rule 9B-7.003, Florida Accessibility Code

Chairman Rodriguez explained that the rule development effort is being conducted in order to implement the Accessibility TAC’s recommendations to the Commission regarding updating the accessibility waiver request form. At the June hearing the Commission voted to conduct a supplemental rule adoption hearing in order to role in Rule 9B-7.003, the accessibility waiver application form. The August hearing is the final step in the process to implement by rule this Accessibility amendment.

Commission Actions:

Motion—The Commission voted unanimously, 19 – 0 in favor, to proceed with rule adoption for Rule 9B-7.003, the Florida Accessibility Code Rule, by filing the rule.

Supplemental Rule Adoption Hearing on Rule 9B-72, Product Approval

The Chair reported that the Product Approval Validation Workgroup worked for over a year to develop a consensus package of recommendations regarding the validation requirements of the Product Approval Rule. The Workgroup concluded their work in June of 2006 and the Commission reviewed the recommendations during the fall of 2006. The Commission’s Product Approval POC held a special meeting on January 24, 2007 to review the proposed changes and provide the POC’s recommendations to the Commission. The POC met again on February 5, 2007 and reviewed and recommended to the Commission additional revisions proposed by staff, which the Commission adopted during a February Rule Development Workshop. In addition, the Commission conducted a supplemental rule development workshop at the May meeting and adopted additional Product Approval POC recommendations for revisions to the Rule including the integration of the Window Labeling Workgroup’s consensus recommendations for requirements for installation instruction submittals for product approval applications. In June the Commission conducted a rule adoption hearing and voted to conduct a supplemental hearing regarding a disciplinary process for validators. The August rule adoption hearing, assuming no additional changes, represents the final step in the adoption of this round of revisions to

Rule 9B-72.

The rule adoption hearing was opened and Commissioner Carson reviewed the changes to the rule draft schedule for penalties for validation entities proposed by the Product Approval POC, and then 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-72, the Product Approval Rule, by conducting a supplemental rule adoption hearing regarding a schedule for penalties for validation entities at the October, 2007 Commission meeting.

Rule Adoption Hearing on Rule 9B-74, Prototype Building

Chairman Rodriguez explained that at the May meeting the Commission voted to conduct a rule development workshop on Prototype Buildings to decide how to deal with the Program not having an administrator after June 20, 2007. At the June meeting the Commission conducted a rule development workshop and voted to repeal the program. The August rule adoption hearing is the final step in the process to repeal the program.

Commission Actions:

Motion—The Commission voted unanimously, 19 – 0 in favor, to proceed with rule adoption for Rule 9B-74, the Prototype Building Rule by filing the rule.

Rule Adoption Hearing on Rule 9B-3.0472, Carbon Monoxide Detectors

Chairman Rodriguez noted that at the June 2007 meeting the Commission conducted a rule development workshop on carbon monoxide detectors in order to implement the 2007 legislative direction regarding this issue. The August rule adoption hearing is the final step in the process to

finalize the rule.

The rule adoption hearing was opened and a matrix with the rule language and a proposed change was projected and then Commissioner Bassett and Commissioner McCombs reviewed the changes proposed by the Mechanical/Electrical TAC’s, and an opportunity was then 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-3.0472, Carbon Monoxide Detectors, integrating and noticing the approved changes recommended by the Mechanical and Electrical TAC’s and proceeding with rule adoption without conducting an additional hearing.

Rule Adoption Hearing on Rule 9B-3.0475, Wind Mitigation Retrofits

The Chair reported that at the June 2007 meeting the Commission conducted a rule development workshop on wind mitigation retrofits in order to implement the 2007 legislative direction regarding this issue. The August hearing is the final step in the rule adoption process.

In addition, at the request of stakeholders the Commission conducted a facilitated workshop in Tampa on August 8, 2007 and participants provided recommendations for the Commission’s consideration regarding the legislative directive. The Chair explained that for the Wind Mitigation Retrofits Rule (Rule 9B-3.0475), the Commission has a legislatively mandated implementation date of October 1, 2007, and in order to comply with the deadline the Commission would need to move to proceed with rule adoption without further changes. The Chair acknowledged that the current draft needs enhancements and the Commission is committed to working with stakeholders during the Glitch Code process to consider enhancements to the Rule.

The Rule Adoption Hearing was opened and the matrix of rule language and public comment(s) was projected, and then 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-3.0475, Wind Mitigation Retrofits, integrating and noticing the three (3) approved editorial changes recommended by DCA staff, and proceeding with rule adoption without conducting an additional hearing. In addition, the Commission recommends that the Florida Legislature delay the implementation date to October 1, 2008 allowing adoption of the rule through the Commission’s Glitch Amendments to the 2007 Florida Building Code process. The reason(s) for the recommended delay include the issues described in the matrix of public comments and those provided during the rule adoption hearing (i.e., licensure issues, permitting issues, liability issues, inspection and enforcement issues, structural efficacy issues regarding the roof-to-wall requirements, and the need to conduct a comprehensive review and development of recommendations working with all interested stakeholders).

Rule Adoption Hearing on Rule 9B-3.0477, Electrical Bonding of Pool Decks

Chairman Rodriguez reported that at the June 2007 meeting the Commission conducted a rule development workshop on electrical bonding of pool decks in order to implement the 2007 legislative direction regarding this issue, and the August hearing is the final step in the rule adoption process.

The Rule Adoption Hearing was opened and a draft of the rule language was projected, and then 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-3.0477, Electrical Bonding of Pool Decks, by filing the Rule.

Rule Adoption Hearing on Rule 9B-3.047, Florida Building Code

Chairman Rodriguez stated that at the June meeting the Commission conducted a rule development workshop on Rule 9B-3.047, and after deciding on the TAC’s recommendations for modifications to the Code, moved to proceed with rule adoption integrating the Commission’s draft rule. The August rule adoption hearing on Rule 9B-3.047, the Florida Building Code, is the next step in the Commission’s consideration of proposed modifications for the 2007 Update to the Florida Building Code. The 2007 Code Update process has been an exhaustive process beginning with the posting of proposed modifications to the Code for at least 45 days, followed by an extensive TAC review and recommendation process conducted in March of 2007 where extensive public comment was considered. The TAC’s recommendations were then posted for at least 45 days, and comments were compiled for a second TAC review at the June 2007 meeting where the Commission decided on TAC recommendations in a rule development workshop. During the June workshop the Commission discussed every modification that the public requested be re-evaluated prior to voting on the package of modifications to the Code. The Chair noted that there has been extensive discussion at the TAC and Commission level, and any further changes should only be made if its absolutely essential. The Chair also explained that for the Building Code Rule (Rule 9B-3.047) the Commission should approve final changes during the rule adoption hearing in order to meet the publication date of January 1, 2008 and the implementation date of October 1, 2008.

The Rule Adoption Hearing was opened and a matrix of public comment(s) on rule language with DCA staff recommendations was projected, and then 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-3.047, the Building Code Rule, integrating and noticing the approved changes recommended by DCA staff and identified in the matrix presented during the hearing, and proceeding with rule adoption without conducting an additional hearing, with an implementation date of October 1, 2008.

To the extent that objection was raised with reference to swimming pool safety standards, characterized as demonstration that the proceeding before the Commission fails to provide for the protection of the Complainant’s substantial interests, the Commission rejects this claim. The process affords multiple opportunities for general participation by all concerned, the Complainant having failed to avail himself of the first two of these opportunities, and generally available administrative remedies offer an opportunity for redress.

Commission Member Comment/Issues

Commissioner Bassett stated that the carbon monoxide detectors rule language should be located in the Building Code section, and only by reference in the sub-codes.

Commission Member Agenda Items

Chairman Rodriguez invited Commission members to propose issues for the Commission’s next (October 2007) meeting.

No agenda items were proposed by Commissioners.

General Public Comment

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

Jack Glen, representing the Florida Homebuilders Association, thanked the Commission for recommending a delay to the implementation of the Wind Mitigation Retrofit Rule (Rule 9B-3.0475), and that industry will take the lead in requesting this issue be added to the call for the 2007 Fall special session.

Adjourn

The Commission voted unanimously, 19 – 0 in favor, to adjourn the meeting at 4:50 PM.

ATTACHMENT 2

COMMISSION’S UPDATED WORKPLAN AND MEETING SCHEDULE

(Adopted Unanimously August 21, 2007)

MEETING DATES

2006

January 23, 24 & 25 TACs Tampa Embassy Suites

February 6 & 7 Cmsn Orlando Rosen Plaza

March 20,21 & 22 Cmsn Tampa Embassy Suites

May 1, 2, 3 & 4 Cmsn Orlando Sheraton Safari

June 19 Cmsn Destin Sandestin Beach Resort

July 10, 11 &12 Cmsn Ft Lauderdale Seminole Hard Rock Hotel & Casino

August 21, 22 & 23 Cmsn Miami Don Shula

October 9, 10 & 11 Cmsn Tampa Embassy Suites

December 4, 5 & 6 Cmsn Tampa Embassy Suites

Note: Based on experience developing the 2004 FBC, TAC meetings are scheduled separately from the Commission meeting for January 2006 and March 2007 to review proposed Code amendments for the Glitch Cycle and 2007 FBC Update respectively. Commission meetings are set for 2 weeks after those TAC meetings. This scheduling was established to avoid a week long Commission meetings and to avoid meetings in back to back weeks.

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 8, 9 & 10 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 Don Shula's Hotel, Miami Lakes

August 18, 19 & 20 Cmsn Naples Grande, Naples

October 13, 14 & 15 Cmsn Embassy Suites, Tampa

December 8, 9 & 10 Cmsn Embassy Suites, Tampa

FLORIDA BUILDING COMMISSION 2007 WORKPLAN

Revised 8-21-07

1. Recommendations for Report to 2007 Legislature

Consider preliminary recommendations to Legislature 10/10/06

Approve recommendations to Legislature 12/04/06

Report transmitted to Legislature 2/08/07

2. Panhandle Hurricane Ivan Study

Phase I

Workshop in Panhandle to review studies 9/13/05

Commission approved consensus recommendation from workshop

to conduct Panhandle windborne debris study 10/12/05

Hire contractor to conduct Panhandle windborne debris study

Phase I (study initiation data development for models) 10/05

Obtain budget amendment 11/05

Initiate Phase II (modify models and conduct simulations) 12/05

Commission receives preliminary report from researchers 2/07/06

Public hearing and decide recommendation to Legislature at 2/07/06

Commission meeting

Meeting with Panhandle Building Officials 2/16/06

Recommendation to the Legislature (In Annual Report) 2/24/06

Contractor preliminary report presentation on study at Commission meeting 3/22/06

Contractor presentation on study at Commission meeting 5/3/06

Initiate amendment of Code as directed by 2006 Legislature

Special Commission meeting for Supplemental Rule Development 6/19/06

Workshop and contractor presentation at Destin

Supplemental Rule Development Workshop 7/11/06

Rule Adoption Hearing 8/22/06

Amendment to be implemented 3/08/07

HRAC considers recommendation for Phase II 7/11/06

Commission approved proceeding with Phase II 7/11/06

Phase II

Line up funding 8/06-9/06

Contract with UF/ARA 12/06

Legislature redirects Code amendment during special session 1/07

See Task 17

HRAC recommends redirection of Phase II 2/6/07

Commission votes to redirect project to evaluation of pressure 2/7/07

coefficients for differing terrains

Scope of work redirected and renegotiated 2/07

See Tasks 18 & 19

3. Develop Window Labeling and Default Installation Criteria

Appoint Work Group 2/22/06

Meeting 5/31/06

Meeting 11/1/06

Recommendation to Code Administration TAC and Commission 12/6/06

Code amendment submitted prior to 1/1/07

Adopted through 2007 FBC update See Task 7

Work Group meets to identify fastening schedule info template 4/10/07

for product approval applications

4. Shutter and Garage Door Labeling

Work Group appointed 8/22/06

Work Group meeting 9/14/06

: 11/13-14/06

Report to Code Administration TAC and Commission 12/06

Code amendments submitted for 2007 FBC by 1/1/07

Requirements implemented through 2007 FBC See Task 7

5. Evaluate Termite Protection Requirements

Appoint Workgroup 3/06

Meeting 5/17/06

Recommendations to Commission 7/11/06

Code amendment submitted prior to 1/01/07

Adopted through 2007 FBC update See Task 7

Workgroup meets with Plumbing Contractors and Pipe Mfgrs 6/20/07

Proposal to address termite access through plumbing penetrations 8/22/07

in slabs submitted as comment at 2007 FBC RDW

Adopted in 2007 Code See Task 7

6. Coordinate the Elevator Code and 2007 Florida Building Code updates with the Department

of Business and Professional Regulation and The Elevator Advisory Council

Initial staff meeting to establish protocols 9/6/06

Council reviews Code amendment proposals and advises Commission See Task 7

7. 2007 Update to the Florida Building Code

Design of Update Process Apr-May 06

2006 International Codes published and available to the public 3/1/06

Supplement version of 2006 FBC amendments available 9/1/06

Commission selects 2006 I Codes as foundation for 2007 FBC 10/11/06

(Note: 2006 I Codes must be available to public for 6 months prior to selection)

Replacement pages version of 2006 FBC amendments available 11/1/06

Proposed amendments to the 2006 I Codes with Florida amendments due date 1/1/07

Florida Specific amendment overlaps with 2006 I Codes, local amendments 1/1/07

and 2008 FFPC correlation submitted amendments proposals by staff

Proposed amendments posted to the Web by (45 day min before TAC review) 1/15/07

45 day comment period ends 2/28/07

TACs review proposed Florida amendments and make recommendations 3/12-15/07

TAC recommendations posted to web (45 day min before Commission review) 4/13/07

45 day comment period ends 5/27/07

TACs review staff integration of prior Florida amendments into draft 5/6-9/07

2007 FBC and current Local amendments for comment

TACs review comments and prepare public comment for Rule Workshop 6/26&27/07

Commission considers TAC recommendations on proposed amendments

via Rule Development Workshop 6/26&27/07

Rule Adoption Hearing 8/21/07

File Rule adopting the 2007 FBC 9/14/07

Printed Codes available to the public 1/1/08

Code implemented (6 months from publishing to web) 10/1/08

Subtasks:

Joint Fire TAC/Fire Code Advisory Council review of I Codes changes to 10/06

FFPC conducted

Meetings 10/06, 12/6/06

Correlation committee review of Florida specific amendments overlap

with 2006 I Codes 10/06-2/07

Fire TAC/Fire Code Advisory Council meet to review overlaps 4/9/07

Code books publication and printing

Provide 1^st set of changes to ICC consisting of non-overlap Florida 1/07

Specific changes as identified by staff

Provide 2^nd set of changes to ICC consisting of changes as approved by the 5/27/07

TACs

Provide 3^nd set of changes to ICC consisting of changes as approved by the 7/27/07

Commission at the Rule Workshop

8. Glitch Amendments to the 2007 Florida Building Code

Printed 2007 Codes available to the public (Note: Code implemented 10/1/08) 1/1/08

Rule development workshop 6/25/08

Rule adoption hearing 8/27/08

File Rule and post Supplement to website 9/5/08

Glitch Rule effective 9/27/08

2007 FBC effective 10/1/08

9. Assess Transition to IECC as Base for Florida Energy Code

Appoint Workgroup 2/22/06

Hire Consultant to develop code comparisons 3/06

Meeting 6/22/06

Recommendation to Commission 7/11

Meeting 9/14/06

Meeting 11/15/06

Amendments proposed for 2007 FBC 1/1/07

Energy Code revisions thru adoption and implementation of 2007 FBC See Task 7

Conduct workshop on energy efficiency and moisture control 2/28/07

(Note: See Task 21 for follow-up)

10. Amend the Florida Accessibility Code for Building Construction

Rule development workshop 3/28/07

Rule adoption hearing 6/27/07

Supplementary Rule Adoption Hearing on Rule 9B-7.0042 8/21/07

Rule Adoption Hearing on Rule 9B-7.003 8/21/07

Rule effective 10/07

Note: Code amendment is only conducted to integrate current chap 553, Part II, F.S. parking

requirements

11. Revise Rule 9B-3.004 to Allow Alternates for Committee Members and Rule 9B-3.050 to

Limit the Annual Amendments Process

Appoint Ad Hoc Committee 10/11/06

Committee meeting 12/06

Rule development workshop 2/7/07

Supplemental rule development workshop 3/28/07

Rule adoption hearing 6/27/07

Rule effective 8/07

12. Develop Product Validation Criteria for Methods of Demonstrating Compliance with Code

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

Rule effective 10/07

Design and implement essential BCIS modifications 9/07- 12/07

Implement rule changes 1/08

13. Review and Address Code Administration Needs of Local Governments and Measures to

Improve Uniform and Effective Enforcement of the Code

Assessment survey design and research 5-7/07

On-line survey designed and conducted 7-8/07

Report to Code Administration TAC 10/07

Code Administration TAC Review and Develop Recommendations 12/07

Recommendations to Commission 12/07

14. Evaluate in-home waste water recycling in coordination with Department of Health and

Department of Environmental Protection

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

15. Address implementation of the electrical systems requirements of the Energy Efficiency Code

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

16. Develop capability to require education for validation entities and a training program.

See Task 12.

Voted to withdraw from workplan 5/07

17. Amend the 2004 FBC to eliminate wind-borne debris protection exceptions less stringent than

those of the 2006 IBC and 2006 IRC

Rule adoption hearing 3/28/07

Rule effective 7/1/07

18. Develop Code-Plus criteria for insurance qualification

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 10/07

HRAC finalize recommended criteria 11/07

Present to Commission and conduct public hearing 12/07

Present in report to 2008 Legislature 2/08

19. Load Side - Wind Pressure Research

Commission approved redirection of WBD project Phase II 3/07

Amend contract with UF/ARA 4/07

Contract for Phase III 9/07

20. Resistance Side – Component and Cladding & MWFRS Research

Legislature appropriates funding 5/07

HRAC develops research priority list 5/07-6/07

Contract with UF to conduct research 7/07

(Includes post hurricane building damage assessment survey contingency)

Progress reporting at HRAC meetings

Available results included in report to Legislature

21. Latent load management for energy conservation and humidity control

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

22. Develop a model energy efficiency ordinance for residential development

Establish work group of stakeholders identified in law 9/07

Work group meetings 9/07 – 11/07

Draft ordinance delivered by work group 12/12/07

Commission public hearings 12/12/07

Recommendation finalized for report to 2008 Legislature 1/30/08

Report to 2008 Legislature 2/08

23. Evaluate Florida Energy Code for: residential cost effective baseline; commercial conservation enhancements, and; comparison to IECC, ASHRAE 90.1 and 90.2

Establish work group of stakeholders identified in law 9/07

Enter into contract for study 7/07

Report from contractor 10/07

Stakeholder group and TAC develop recommendations 11/07

Public hearing at Commission 12/12/07

Recommendations finalized for report to 2008 Legislature 1/30/08

Report to 2008 Legislature 2/08

24. Develop and implement public awareness campaign on energy efficiency and benefits of

Green Buildings

Establish work group of stakeholders identified in law 9/07

Enter into contract for support services 8/07

Work group meetings 9/07 – 10/07

Plan Phase I approved by Commission 10/10/07

Website enhanced 10/07 – 12/07

Website launched 1/08

Plan Phase II approved by Commission 12/07

Phase II of campaign launched 2/08

25. Work with DCA to evaluate updated energy efficiency standards for energy using products

Enter into contract for study 7/07

Report from contractor 10/07

DCA stakeholder group develops recommendations 11/07

Recommendations finalized for report to 2008 Legislature 1/30/08

Report to 2008 Legislature 2/08

~~26. Loss costs relativities studies for wind insurance credits~~

~~Office of Insurance Regulation project- follow lead TBD~~

Bill and funding vetoed by Governor

27. Develop mitigation techniques for retrofit of existing site-built residential buildings:

Identify techniques for initial adoption 5/07-6/07

Commission initiates rule development for techniques and 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 10/01/07

Adopt techniques and retrofit mandates in 2007 FBC via Glitch Amend Cycle 2008

See Glitch Amendment Task 8 schedule

28. Electrical bonding and grounding for swimming pool decks:

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

29. Evaluate elimination of gravel and stone roofing systems

Appoint Ad Hoc committee to evaluate the science, alternatives, 8/07

business impact and impact on birds

Contract with UF to provide technical assistance 8/07

Conduct meetings to review data 8/07-11/07

Report to Commission 12/07

Amend 2007 FBC as determined by study in Glitch Cycle See Task 8

30. Evaluate warehouse expansion sprinkler requirements and amend FBC as appropriate

Notify building departments and post on website new requirement of SB 404 7/07

Fire TAC reviews comment on mods 2151, 2152, 2153 and 2492 6/26/07

recommend to Commission

Rule development workshop on 2007 FBC 6/27/07

Rule adoption hearing on 2007 FBC 8/22/07

Criteria effective with 2007 FBC 10/1/08

31. Develop penalty rules for Product Approval Validation Entities

Adopt in the 2007 amendment of rule 9B-72

Comment at Rule Adoption Hearing on 9B-72 6/26/07

Supplemental Rule Adoption Hearing 8/22/07

Rule effective 10/07

Rule implemented (see Task 12) 1/08

32. Implement requirements of law for carbon monoxide detectors

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

33. Delay elimination of the internal pressure design option in WBD regions

Notify building departments and post on website the option remains legal 5/07

until June 1, 2007

34. Develop and implement strategy for low and moderate income “Affordable Housing” consideration in FBC development

Appoint workgroup 9/07

Workgroup meetings 9/07-12/07

Workgroup recommendation to Commission 12/12/07

Public hearing on Commission recommendations to 2008 Legislature 12/12/07

Commission report to 2008 Legislature 2/08

35. Report to 2008 Legislature

Commission identifies and receives draft recommendations 10/10/07 & 12/12/07

Public hearing on recommendations 12/12/07

Commission report to 2008 Legislature 2/08

36. Develop Instruction for Manufacturers Obtaining Product Approval via Associations

Chairman refers issue back to POC to review existing rule for appropriate process 7/07

Recommendation to POC and Commission 10/07

37. Amend the Florida Energy Code to Require 15% More Efficiency in Buildings

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 12/07

(See Task 23)

Department of Community Affairs recommendations to the Commission 1/08

Commission considers proposed amendments 1/08-2/08

Rule Development Workshop 3/08

Rule Adoption Hearing 5/08

Rule final 6/08

Adoption into 2007 FBC via “Glitch” cycle (See Task 8)

38. Amend the Florida Appliance Efficiency Standards to Require 15% More Efficiency

See Task 25

FACILITATOR’S SUMMARY REPORT OF THE

AUGUST 21, 2007

COMMISSION PLENARY SESSION

SUPPLEMENT TO THE AUGUST 21, 2007 MINUTES

TAMPA, FLORIDA

Overview of Commission’s Key Decisions

Revised 8-21-07

8. Glitch Amendments to the 2007 Florida Building Code