Florida Building Commission

SPECIAL OCCUPANCY

Technical Advisory Committee

Meeting

MINUTES

October 2, 2014 at 1:00 P.M.

Meeting was held via teleconference/webinar:

https://global.gotomeeting.com/join/895786893

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

SPECIAL OCCUPANCY TAC Members Present: Chairman; Darryl Phillips, Hubert Baxter, Mark Boutin, Gene Chalecki, Frank Frail, Charles Frank, James Ginas, Bob Vincent

TAC Members Absent: Ken Cureton, Wayne Young

Guests Present: David, Karins, Robert Fine, Dwight Wilkes

Staff Present: Mo Madani, Marlita Peters, April Hammonds, Jim Richmond, Jim Hammers, Robert Benbow, Zubeydey Binici, Norman Bellamy

Objective – To consider, discuss and provide recommendations for consideration by the Commission on two requests for Declaratory Statement.

Meeting Minutes
Objective	Review of objectives will include the following: Description of issue, discussion by TAC, public comment, TAC action.
1)	Welcome and Opening Remarks. Meeting opened at 1:01pm
2)	Roll Call was taken and a quorum was present.
3)	Review and Approval of Meeting Agenda – Motion was made by Mark Boutin, seconded by Frank Frail to accept the Agenda as posted. Unanimous approval.
4)	Review and Approval of Meeting Minutes of June, 2014 – Motion was made by Bob Vincent, seconded by Mark Boutin to accept the previous minutes with no changes. Unanimous approval.
5)	Review and make recommendation to the Commission regarding: DS2014-097, petitioned by David G. Karins, Karins Engineering Group, Inc. After review of request for declaratory statement DS2014-097 by David Karins, motion was made by Gene Chalecki, seconded by Mark Boutin to accept the staff recommendation on both Questions 1 and 2 to accept Option 2 which states: Staff Analysis:  Based on the above facts and circumstances, staff provides the following analysis: Question 1: Does [FBC-Building] 3109.1.1 apply to the work described in the above petition information?  The work is not substantial improvement of or additions to existing habitable structures and was legally designed and constructed prior to the establishment of the CCCL. Answer/Option 2: No, historically, DEP/DNR had permitted several projects with similar circumstances to that of the project in question without requiring conformance with the elevation and design requirements of the “Coastal Construction Control Line” provisions as depicted in Section 3109.4 of the 2010 Florida Building Code, Building.  Question 2: Does 3109.1.1 Exception require (contrary to the regulatory scheme within the jurisdiction of the DEP) that the subject existing buildings constructed before the establishment of the CCCL requirements be brought into conformance with FBC 3109.4 Construction Standards, if repair work is performed at above-grade foundation components comprised of replacing hurricane straps, repairing cracks, repairing spalls or densifying concrete or masonry, assuming such repair work has no measurable interference with the coastal system and such work does not constitute "rebuilding" and is less than "substantial"? Answer/Option 2: No, historically, DEP/DNR had permitted several projects with similar circumstances to that of the project in question without requiring conformance with the elevation and design requirements of the “Coastal Construction Control Line” provisions as depicted in Section 3109.4 of the 2010 Florida Building Code, Building.
6)	Review and make recommendation to the Commission regarding: DS2014-116 petitioned by Robert S. Fine, Esq., of Greenberg, Traurig, P.A. After brief discussion of the request for declaratory statement DS2014-116 petitioned by Robert S. Fine, motion was made by Mark Boutin, seconded by Gene Chalecki, to accept staff recommendation as follows: Question:  Is the Building Official of the City of Miami Beach authorized by the applicable statutes, rules and law, to utilize and apply the Hollywood Dec. Statement to the Shore Club and its proposed development project if, in his (the Building Official’s) opinion, the relevant, underlying, material facts of the Hollywood Dec Statement are consistent with the corresponding material facts of the Shore Club’s proposed project and he otherwise feel the application would be appropriate? Answer/petitioner:  Yes.  If the Building Official determines that the underlying material facts and conditions in the Declaratory Statement DCA07-DEC-179 are consistent with the corresponding material facts and conditions in the Shore Club’s project, he may apply the holding of Declaratory Statement DCA07-DEC-179 to the Project.
7)	Other Commission business – none.
8)	Public Comment – none.
9)	Member Comment – none.
10)	Stand Adjourned: 1:36pm

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.