FLORIDA BUILDING COMMISSION

 

FACILITATOR’S SUMMARY REPORT OF THE

OCTOBER 14 - 15, 2008

COMMISSION PLENARY SESSION

SUPPLEMENT TO THE OCTOBER 14 - 15, 2008 MINUTES

 

TAMPA, 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 OCTOBER 14 - 15, 2008 MINUTES

 

Overview of Commission’s Key Decisions

 

TUESDAY, OCTOBER 14, 2008

 

Welcome

Chairman Rodriguez welcomed the Commission, staff and the public to Tampa and day one of the October 2008 plenary session. The Chair noted that the primary focus of the October 2008 meeting is to evaluate proposed Glitch Amendments during a rule development workshop on Glitch Amendments, and that the Commission will conduct a rule adoption hearing on Commission adopted Glitch Amendments at the December 2008 meeting in Tampa. 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, 21 - 0 in favor, to approve the agenda for the October

14 - 15, 2008 meeting as amended. Following are the key agenda items approved for consideration:

 

·   To Consider Regular Procedural Issues: Agenda Approval and Approval of the June 24, 2008 Minutes and Facilitator’s Summary Report, and September 15, 2008 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 Approvals and Revocations of Products and Product Approval Entities.

·   To Consider/Decide on Legal Issues and Petitions for Declaratory Statements.

·   To Hear an Update Report on Binding Interpretations.

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

·   To Consider/Decide on Product Approval/Manufactured Buildings and Education Program

Oversight Committee (POC’s) Reports/Recommendations.

·   To Consider Broward County Board of Rules and Appeals Resolution 08-01 Regarding 2008 NEC Adoption.

·   To Conduct a Rule Development Workshop on Rule 9B-70, Education.

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

·   To Conduct a Rule Development Workshop on Rule 9B-3.047, Florida Building Code,

Glitch Amendments.

·   To Conduct a Workplan Prioritization Exercise.

·   To Discuss Commissioner Issues.

·   To Receive Public Comment.

·   To Review Committee Assignments and Issues for the Next Meeting—December 9 - 10, 2008 in Tampa.

 

Amendments to the Agenda:

None were offered.

 

 

Review and Approval of the June 24, 2008 Meeting Minutes and Facilitator’s Summary Report and September 15, 2008 Facilitator’s Summary Report

Motion—The Commission voted unanimously, 21 - 0 in favor, to approve the June 24, 2008 Meeting Minutes and Facilitator’s Summary Report and September 15, 2008 Facilitator’s Summary Report as presented.

 

Amendments to October 2008 Minutes:

None were offered.

 

 

Chair’s Discussion Issues and Recommendations

 

1.          New Commission Members

Chairman Rodriguez reported that the Governor has made appointments to the Commission that took effect July 1, 2008. Chairman Rodriguez welcomed all new Commissioners and thanked those Commissioners who were rolling-off the Commission for their dedicated service to the citizens of Florida. The Chair reported the following appointments:

 

Jeffrey Gross has been re-appointed, to represent the Building Management Industry for a term beginning July 1, 2008, and ending November 21, 2011. We’re glad to retain Jeff on the Commission.

 

Scott Mollan has been appointed to represent Mechanical Contractors for a term beginning July 1, 2008, and ending February 3, 2011. Scott is succeeding Gary Griffin.  Welcome Scott and thanks to Gary for his dedicated service to the citizens of Florida.

 

Jeff Stone has been appointed to represent Building Product Manufacturers for a term beginning July 1, 2008, and ending July 27, 2011. Jeff is succeeding Nanette Dean. Welcome Jeff and thanks to Nan for her dedicated service to the citizens of Florida.

 

John “Tim” Tolbert has been appointed to represent Code Officials for a term beginning July 1, 2008, and ending January 15, 2011.  Tim is succeeding Nick D’Andrea who has served since May of 1992. Welcome Tim and thanks to Nick for his dedicated and excellent service to the citizens of Florida.

 

Mark Turner has been appointed to represent Electrical Contractors for a term beginning July 1, 2008, and ending January 30, 2011. Mark is succeeding Michael McCombs who has served since November of 1999.Welcome Mark and thanks to Mike for his dedicated service to the citizens of Florida.

 

The Chair noted that DCA was notified by the Governor’s office that Steve Bassett will remain on the Commission until a new appointment is made.

 

The person appointed to represent one of the code officials positions (held by Crist Sanidas) retired and as a result there is an open code officials position at this time.

 

 

2.         Appreciation for Departing Commissioners

Chairman Rodriguez noted that on behalf of the Commission he was appreciating departing Commissioners Pete Tagliarini, Nan Dean, Garry Griffin, Mike McCombs and Nick D’Andrea for their service.

 

 

3.         Appointments (Commission—TAC(s)—Workgroup(s))

Chairman Rodriguez made the following appointments and comments:

 

Jim Goodloe is appointed to chair the Fire TAC. The Previous chair, Nick D’Andrea, has rolled-off the Commission and will be greatly missed.

 

Tim Tolbert will replace Nick D’Andrea on the Code Administration TAC.

 

Ed Carson is appointed to chair the Electrical TAC, replacing Mike McCombs, who has rolled-off the Commission and will be greatly missed.

 

Scott Mollan will replace Mike McCombs on the Mechanical TAC.

 

Mark Turner will replace Mike McCombs on the Electrical TAC.

 

Jeff Stone is appointed to the Product Approval POC filing the position vacated by Nan Dean, who rolled-off the Commission.

 

 

Anthony Gaudio is appointed to the Universal Bedroom Definition Workgroup.

 

Rich Papa is no longer on the Soffit System Workgroup since he has left the industry.

 

C.W. Macomber is appointed to the Soffit System Workgroup.

 

Sigi Valentine is no longer on the Window and Window/Wall Workgroups since he has retired.

 

Jimmy Buchner is appointed to replace Wendell Haney on the Soffit System Workgroup.

 


4.         Revised Commission and Public Input Process Review and Teleconference Process

Jeff Blair reviewed the Commission’s meeting discussion and public input and teleconference processes with the Commission.

 

Commission Actions:

Motion—The Commission voted unanimously, 21 - 0 in favor, to adopt the Commission’s meeting discussion and public input process as presented.

Motion—The Commission voted unanimously, 21 - 0 in favor, to adopt the Commission’s Teleconference process as presented.

(Included as Attachment 3—Commission’s Public Input and Teleconference Processes)

 

5.         Flood Standards Workgroup

The Chair explained that at the request of the Division of Emergency Management (DEM) he is appointing a Flood Standards Workgroup charged with developing recommendations for integrating the IBC flood damage-resistant provisions in the Florida Building Code. FEMA is providing funding to support the workgroup, and has worked with ICC for past 10 years on flood standards for buildings that would satisfy the needs of the National Flood Insurance Program, and is now satisfied with the standards in the IBC. When the 2001 Florida Building Code was developed the decision was made, primarily for administrative reasons, to eliminate flood standards from the foundation model code and continue the practice of building standards being adopted through Flood Plain Management Ordinances of communities participating in National Flood Insurance Program. In addition, the State is requesting that the policy be reviewed to resolve any identified administrative issues and the IBC flood standards be retained in the 2010 FBC.

 

The Chair and DCA staff will be working with DEM to select workgroup members, and will announce the appointments as soon as they are finalized.

Following are the appointments to date:

Gene Chalecki:                                                DEP

Steve Pizzillo:                                      BOAF

George Wiggins:                                  Local Government

Tim Reinhold                                      IBHS

Jack Glenn                                           FHBA

Nick D’Andrea                                                Flood Plain Managers Association

 

6.         Commission Budget Reduction Impacts

Chairman Rodriguez explained that as a result of reductions in the State budget resulting from the downward trend in the economy, the Commission’s budget is also reduced. The Commission will have to prioritize projects and work within a reduced budget. Some of the actions already taken to reduce expenses include:

·   Reducing number of Commission meetings from seven ( a six week cycle) to six (an eight week cycle) in 2009.

·   Arranging Commission meetings in central locations to reduce travel costs and selecting hotels with cost-effective meeting spaces and sleeping rooms.

·   Reducing the number of workgroup meetings.

·   Scheduling workgroup meetings in conjunction with Commission meetings to save on travel expenses and funding some external meetings from grants and contracts.

·   Conducting Product Approval application reviews via conference call.

·   Conducting TAC meetings via conference call when feasible.

·   Curtailing staff travel to primarily meetings of the Commission and its committees.

·   Requiring organizations that request staff to give presentations at their meetings to pay all travel expenses.

 

The Chair noted that additional budget cuts are likely and the Commission will have to implement additional cost saving measures as a result. Staff will keep the Commission informed. Please be understanding with staff regarding scheduling of meetings as decisions are being made to optimize the use of limited resources.

In addition, in the future the Commission will no longer be able to subsidize the costs to revise the BCIS for Product Approval, Education and other programs changes. The true costs of implementing program changes will have to be reflected in the fees charged for these programs. The Commission has spent approximately one million dollars for changes to the BCIS to implement product approval changes desired by stakeholders. In the past the building permit fees that support the Commission were used to fund these costs. However, there is no longer any reserves of these fees to subsidize this program, and in fact, the Commission is operating with a significantly reduced budget. The Manufactured Building Program is an example of a program that supports all of its costs including BCIS changes, and this model will need to be replicated for all programs.

The result of the current budget and funding crisis is that permit surcharge fees supporting the Commission’s work should be reserved for core Commission functions like code development. Staff and I are recommending that the Commission adopt a policy statement that programs will need to be self-supporting and any changes that cost money shall be reflected in the fees charged for these programs like product approval and education.

 

Commission Actions:

Motion—The Commission voted 20 -1 in favor, to adopt a Commission policy requiring that Commission programs shall be required to be self-supporting for all costs, and fees will be adjusted to reflect the true cost of administering the program(s).

 

 

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, 21 - 0 in favor, to approve the updated workplan 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.

(Included as Attachment 5—Accessibility Waiver Summary Report)

 

Consideration of Applications for Product and Entity Approval

Commissioner Kim 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.

(Included as Attachment 6—Product and Entity Approval Report)

Legal Issues

 

Commission Actions:

Motion—The Commission voted unanimously, 19 - 0 in favor, to revoke approval of the following product approvals by individual votes:

FL 3946, FL 19453-R1, FL 5985, FL 4487, and FL 7198.

 

The Commission agreed that DCA should make an effort to notify building officials regarding those products that were revoked and those that were recommended for revocation but staff was unable to issue service on (unable to contact). In addition, a note will be made on the Commission’s website.

 

 

Binding Interpretations

Jim Richmond reported that there was one new petition to report, Petition 45.

           

Petitions For Declaratory Statements

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

 

Second Hearings

 

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

Motion—The Commission voted 18 – 0 in favor, to affirm their previous action on the petition.

 

DCA08-DEC-119 by Dick Wilhelm, Fenestration Manufacturers Association and Jeff Lowinski, Window and Door Manufacturers Association

Petition was withdrawn by the applicant.

 

DCA08-DEC-124 by Chris Sheppard, System Components Corporation

Motion—The Commission voted 19 – 0 in favor, to affirm their previous action on the petition.

 

DCA08-DEC-142 by Jerry Sparks, Hillsborough County Florida

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

 

DCA08-DEC-147 by John Berry, AIA, Cole + Russell Architects

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

 

DCA08-DEC-150  by James Paula, St Johns County Board of County

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

 

First Hearings

 

DCA08-DEC-168 by Leonard Terry, President, Omnicrete

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


DCA08-DEC-193 by Richard Mihalich

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

 

DCA08-DEC-194 by Dan Arlington, St. Johns County Building Department

Deferred to December 2008 meeting.

 

DCA08-DEC-201 by Michael Schultz, P.E.,  Buckeye

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

 

DCA08-DEC-204 by Robert Jamieson, Underwriters Laboratories

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

 

DCA08-DEC-205 by Neil Melick, City of West Palm Beach, Construction Services Department

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-207 by Anthony Apfelbeck, Fire Marshall/Building Official, City of Altamonte Springs

Motion—The Commission voted 21 – 0 in favor, to defer the petition to the Mechanical TAC.

 

DCA08-DEC-208 by Luke Ismert of Schier Products

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-209 by Tom Hardiman of the Modular Building Institute

Motion—The Commission voted 21 – 0 in favor, to approve the POC’s recommendation on the petition.

 

DCA08-DEC-210 by Joseph Valencia of Zyscovich Architects

Motion—The Commission voted 21 – 0 in favor, to refer the petition to the local board of appeals, due to lack of FBC jurisdiction.

 

DCA08-DEC-212 by Jason Padgett, Millwork Information and Training

Petition was dismissed as inadequate due to insufficient detail.

 

DCA08-DEC-216 by Vincent Vaulman, CCE, Regional Manager, Madsen, Kneppers & Associates, Inc.

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition, as amended.

 

DCA08-DEC-236 by W Vincent of Construction Specialties, Inc.

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

 

DCA08-DEC-237 by W Vincent of Construction Specialties, Inc.

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-238 by W Vincent of Construction Specialties, Inc.

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-239 by W Vincent of Construction Specialties, Inc.

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

DCA08-DEC-255 by Joseph R. Hetzel of Door & Access Systems Manufacturers Association International (DASMA)

Petition was withdrawn by petitioner.

 

DCA08-DEC-257 by Chris Birchfield of No-Burn SE Inc.

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

 

DCA08-DEC-258 by David E Sands of Bamboo Technologies

Motion—The Commission voted 21 – 0 in favor, to approve the POC’s recommendation on the petition.

 

DCA08-DEC-266 by Timothy Graboski of Ridged Systems LLC

Petition was withdrawn by petitioner.

 

DCA08-DEC-267 by Glen Lathers of Hillsborough County Public Schools

Petition was dismissed due to insufficient facts and circumstances.

 

DCA08-DEC-268 by Sandra Gump of Fomo Products, Inc.

Motion—The Commission voted 21 – 0 in favor, to approve the POC’s recommendation on the petition.

 

DCA08-DEC-275 by Ken Norton of Power Design, Inc.

Motion—The Commission voted 21 – 0 in favor, to approve the TAC’s recommendation on the petition.

 

(Included as Attachment 4—Legal Report)

 

 

Recess

The Commission voted unanimously, 21 - 0, to recess until 8:30 AM on Wednesday, October 15, 2008. The Commission recessed at 5:55 PM.


WEDNESDAY, OCTOBER 15, 2008

 

Reconvene and Welcome

Chairman Rodriguez welcomed Commissioners, staff, and members of the public to day two of the October 2008 plenary session of the Florida Building Commission. The Chair noted that the Commission would focus on October’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.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to accept the report.

Motion—The Commission voted unanimously, 20 - 0 in favor, to seek legislative clarification regarding conflicts of interest for Accessibility TAC members.

Motion—The Commission voted unanimously, 20 - 0 in favor, to convene a workgroup to review the new 2004 Federal Accessibility Guidelines relative to the Florida Accessibility Code.

(See Commission Minutes for Committee report)

 

Code Administration TAC

Commissioner Wiggins presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

 

Electrical TAC

Commissioner Carson presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 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, 20 - 0 in favor, to accept the report.

 (See Commission Minutes for Committee report)

 


Fire TAC

Commissioner Goodloe presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to accept the report.

 (See Commission Minutes for Committee report)

 

Mechanical TAC

Commissioner Bassett presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 20 – 0 in favor, to accept the August 12, 2008 and October

2008 reports.

Motion—The Commission voted unanimously, 20 - 0 in favor, to convene a workgroup to develop recommendations regarding the statutory requirements for CO detectors and report to the Commission at

the December 2008 meeting. Comments and suggestions should be sent to DCA staff.

Chairman Rodriguez made the following appointments to the CO Detector Ad Hoc Workgroup:

Jim Goodloe, Dale Greiner, George Wiggins, Steve Bassett, Mark Turner, Hamid Bahadori, Matt Carlton,

Jeff Gross, Ed Carson, Jeff Householder, and Greg Lyons.

 

The Chair explained that the Workgroup would consist of primarily Commission members, with the addition

of other stakeholder interests that don’t have specific Commission representation.

(See Commission Minutes for Committee report)

 

Plumbing TAC

Commissioner Vann presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 20 - 0 in favor, to accept the August 11, 2008 Teleconference meeting report.

(See Commission Minutes for Committee report)

 

Roofing TAC

Commissioner Schulte presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 21 - 0 in favor, to accept the report.

(See Commission Minutes for Committee report)

 

Special Occupancy TAC

Commissioner Hamrick presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 21 - 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, 21 – 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, 21 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

 

Commission Actions—Education POC:

Motion—The Commission voted unanimously, 15 – 0 in favor, to charge the POC with developing recommendations regarding whether the four-hour administrative core course should remain a CE licensing requirement, and whether the course should only be available on-line or also instructor-led.

Motion—The Commission voted unanimously, 21 – 0 in favor, to approve advanced course #321.

Motion—The Commission voted unanimously, 21 – 0 in favor, to approve advanced course #284.

 

Commissioner Browdy stated that the Education POC is recommending that the Commission seek legislative authority to eliminate the Core Course requirement, and that the recommendation should be considered with the Commission’s Report to the 2009 Legislature at the December 2008 meeting.

 

Product Approval POC

Commissioner Kim presented the Committee’s report and recommendations.

Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor to accept the report.

(See Commission Minutes for Committee report)

 

Commission Actions—Product Approval POC:

Motion—The Commission voted unanimously, 21 – 0 in favor to begin revocation proceeding for product number: FL 8207.

Motion—The Commission voted unanimously, 21 – 0 in favor to initiate an investigation for

FL 8843.

 

Hurricane Research Advisory Committee

Rick Dixon provided the Commission with an overview of the HRAC meeting and answered member’s questions.

 

Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor to accept the report.

 

The Report may be viewed at the project webpage:

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

 

 

Rule Development Workshop on Rule 9B-70, Education

Chairman Rodriguez explained that at the September 15, 2008 Teleconference meeting the Commission voted to initiate rule development for Rule 9B-70, to develop amendments for on-line forms for the Education Program. Specifically the accreditor, course, and training program on-line application forms. The October rule development workshop provided an opportunity for public comment on the issue.

 

The Rule Development Workshop was opened, Commissioner Browdy read the POC’s recommendations, 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, 21 – 0 in favor, to adopt the Education POC’s proposed revisions to the Rule, and to publish a notice of change, integrating and noticing the approved changes, and conducting a rule adoption hearing at the December 2008 meeting.

 

 

Supplementary 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, for the purpose of amending the Energy Code to implement provisions necessary to comply with the Governor’s 15% efficiency increase for the Florida Energy Code. At that meeting the Commission voted to require 85 points for demonstrating compliance by the residential and commercial building performance methods (instead of the current 100 points required), with no changes to the prescriptive methods. At the May 2008 meeting the Commission conducted a rule adoption hearing and voted to adopt additional clarifying provisions, to publish a notice of change integrating the approved changes and to file the Rule for adoption without an additional hearing.

 

On June 9, 2008 the Commission conducted a specially called teleconference meeting and voted to extend the deadline for proposing Glitch Amendments until July 15, 2008

and to delay the implementation date for the adopted changes to be effective on December 31, 2008.

 

The Chair explained that DCA staff has compiled the provisions proposed to implement the Commission’s Energy Code amendments, and has identified several issues that should be evaluated. Therefore at Staff’s request, the Commission is conducting a supplementary rule adoption hearing, originally scheduled for the August 2008 meeting but delayed by Hurricane Fay until the October meeting, for the purpose of TAC and public review of the comprehensive package of Commission Energy Code amendments, and to complete rulemaking for Rule 9B-13, the Energy Code.

 

On Sunday, October 12, 2008 the Energy TAC conducted a review of the Commission’s Code amendments regarding renovations and equipment change-outs for existing buildings and Method B requirements for commercial buildings, and they have recommendations for the Commission’s consideration. The Energy Code is complex, especially for those who don’t use it on a regular basis, and the Commission’s actions can sometimes lead to unintended consequences for those who must apply and enforce the Code. As a result of the Energy Code’s complexity, the Chair recommend that the Commission carefully consider the Energy TAC’s consensus recommendations, and implement code amendments that are efficient, consistent, understandable and enforceable for the full spectrum of Energy Code users.

 

The Rule Adoption Hearing was opened, and Jeff Blair reviewed the Energy TAC’s comments on submitted comments for proposed changes to the Energy Code, 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, 21 – 0 in favor, to proceed with rule adoption for Rule 9B-13, the Energy Code Rule, by publication of a notice of change, integrating and noticing the approved changes, and to file the Rule without an additional hearing.

 

 

Broward County Board of Rules and Appeals Resolution 08-01 Regarding 2008 NEC Adoption

The Broward County Board of Rules and Appeals passed a resolution regarding recommending that the Commission adopt the 2008 Edition of the NEC during the Glitch Amendment process.

 

 

Rule Development Workshop on Rule 9B-3.047, Florida Building Code, Glitch Amendments

The Chair explained that the purpose of the rule development workshop is to review the TAC’s comments/recommendations on proposed Glitch Amendments to the 2007 Florida Building Code. The Commission voted unanimously during the June 9, 2008 Teleconference meeting to make the effective date of the 2007 Florida Building Code and Florida Energy Code December 31, 2008. In addition, the Glitch amendment deadline was extended to July 15, 2008, and the Commission conducted a rule adoption hearing at the October 2008 meeting. The October workshop was an opportunity for members of the public to provide input to the Commission prior to Commission action on the proposed Glitch amendments.

 

The Rule Development Workshop was opened, and Jeff Blair reviewed the process the Commission used for adopting proposed Glitch Code Amendments. Jeff Blair explained that the Commission is considering proposed amendments to Rule 9B-3.047 Glitch Amendments in accordance with the statutory requirements provided in Chapter 553.73(7) F.S., as follows:

 

In order for a proposed code change to be accepted as a glitch change, it must fall within one of the following criteria:

·        Conflicts within the Updated Code;

·        Conflicts between the Updated Code and the Florida Fire Prevention Code;

·        Omissions of previously adopted Florida-specific amendments if such omission is not supported by specific recommendation of a TAC or particular Commission action;

·        Unintended results from the integration of previously adopted Florida-specific amendments with the model code; or

·        Changes to Federal or State law.

·        Updates to the NEC: if delay of implementing the updated edition causes undue hardship to stakeholders, or otherwise threatens the public health, safety and welfare.

In addition, the TAC/FBC may not amend to diminish criteria related to wind resistance or prevention of water intrusion.

 

Jeff explained that the Commission would review proposed code amendments by topical code areas and that the Commission’s TAC’s provided comments/recommendations relative to each. Jeff noted that there are two consent agendas for each code area: those recommended as meeting Glitch criteria with the TAC’s recommendations for amending the Code, and a consent agenda for proposed amendments that do not meet Glitch criteria. In addition, the Commission would consider any proposed amendments that had no consensus recommendation from the TAC on an individual basis.

 

Following is the process used by the Commission:

Proposed Glitch Amendments were be on two Consent Agendas:

 

Consent Agenda: TAC’s Comments/Recommendations on Proposed Glitch Amendments

 

Public Comment on TAC comments/recommendations.

Commission will decide whether to pull and proposed Glitch Amendments for individual consideration.

Commission will vote on the Consent Agenda of TAC comments/recommendations as presented or as amended if any amendments were pulled for individual consideration.

Vote is in favor of TAC’s recommendations regarding the proposed glitch amendments.

 

Consent Agenda: Amendments not Qualifying as Glitch Amendments

 

Commission will vote that the amendment on the consent agenda are not Glitch Amendments.

Public Comment on TAC comments/recommendations.

Any Commissioner may pull any amendment for individual determination of whether it is a Glitch Amendment.

Commission will vote on the Consent Agenda of non-glitch amendments as presented or as amended if any amendments pulled for determination.

Any amendments pulled will be discussed and voted on whether it qualifies as a Glitch Amendment.

 

Commission will individually discuss and vote on all amendments pulled for individual consideration.

 

An opportunity was presented for public comment, and 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, 21 – 0 in favor, to proceed with rule adoption for

Rule 9B-3.047, Florida Building Code, Glitch Amendments, integrating and noticing the approved amendments; and, authorizing DCA staff to make any editorial fixes required to implement the Commission’s substantive decisions on Glitch Code amendments (i.e., formatting, section number correlations and removal of text such as seismic and snow load language, etc.).

Motion—The Commission voted unanimously, 21 – 0 in favor, to defer action on deciding whether to consider adoption of the 2008 NEC as a Glitch Amendment, and to set a schedule for rulemaking to implement the Commission’s actions relative to adopting the 2008 NEC, by July 1, 2009. The NEC will be reviewed by the Electrical TAC and recommendations provided to the Commission.

 

 

Additional Commission Actions:

Motion—The Commission voted unanimously, 21 – 0 in favor, to initiate rulemaking to amend Rule 9B-72 to recognize the Equivalency of Standards between ASTM E 1300-02 and ASTM E 1300-04, as determined by the Structural TAC’s recommendations.


Workplan Prioritization Exercise

Chairman Rodriguez explained that Jeff Blair compiled a Workplan task prioritization exercise, and that the Commission’s rankings will be one of the inputs in deciding priorities. The Chair explained that he will work with staff to ensure that the workplan reflects the Commission’s priorities as well as Legislative assignments and resources. DCA staff will be providing recommendations based on mandated tasks, efficiency of resource uses, and Commission prioritization results. The Commission was asked to complete the workplan exercise matrix and to return them completed to Jeff Blair for compilation. Commissioners ranked each of the 20 Workplan tasks using a five-point scale where 5 is the highest priority and 1 the lowest. Following are the results of the ranking exercise:

 

 

TOPIC

RANK

LEGISLATIVE/GOVERNOR

DIRECTIVES

 

 

 

1.) Report to 2009 Legislature

2

16.) Efficiency standards for energy using products

10

27.) Criteria for cost effectiveness test for increases in energy efficiency

7

30.) Develop list of evaluation entities & report to Legislature, or develop criteria for approving evaluation entities by rule

8

35.) Develop plan to implement

legislated energy efficiency

increases

6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOPIC

RANK

INTERAGENCY COLLABORATION

 

 

 

25.) Bedroom definition for septic tank sizing with DOH

12

34.) Evaluate rainwater collection and use with DOH

18

38.) Evaluate adoption of flood standards in FBC

(DEM, FEMA)

11

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOPIC

RANK

COMMISSION ISSUES

 

9./10.) Research for hurricane resistance Code enhancements

·     window/water leakage

·     window/wall interface

·     soffit performance

4

22.) 2010 Code development process

3

24.) Soffit system labeling requirements

14

26./11.) Indoor Humidity & Moisture Control

9

28.) CO detectors recommendations

5

29.) Criteria for energy efficient pool systems

20

31.) Develop enhancements for

gravel roof systems

17

32.) Design charette for hotel room accessibility

16

33.) Entrapment standards for

existing pools

13

36.) Evaluate need for Code Core Course requirement for licensing

19

37.)  Evaluate  equivalency of ASTM E 1300-02 and 04 & self-affirmation for PA Rule 9B-72

15

39.) Energy conservation measures

1

 

 

 

 

 

 

 

 

 

 

 

 

 

Commission Member Comment/Issues

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

 

Commission Member Comments:

Bassett: The Building Code document should also acknowledge Commissioners.

Carlton: Commission Teleconference meetings should also have an internet based component to enhance participation.

Wiggins: The Code should not call-out design professionals, and should instead have only a generic reference to design professionals.

Kidwell: Jeff Blair did a good job of facilitating the Code development rule development workshop.

 

 

Commission Member Agenda Items

Chairman Rodriguez invited Commission members to propose issues for the Commission’s next (December 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:

Belcher: offered appreciation for the job DCA staff and facilitator did with the code review process.

Expressed concern that it was difficult to keep-up with revised/updated tracking charts.

Hebrink: please rank the product evaluation entity Workplan task high in the prioritization exercise, its important to industry.

 

Adjourn

The Commission voted unanimously, 21 – 0 in favor, to adjourn the meeting at 11:55 AM.

 


ATTACHMENT 1

MEETING EVALUATION RESULTS

 

October 14 - 15, 2008—Tampa, 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.

 9.0      The background information was very useful.

  9.1     The agenda packet was very useful.

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

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

  9.3     Accessibility Waiver Applications.

  9.4     Discussion and Decision on Legal Issues and Legislative Report.

  9.3     Requests for Declaratory Statements.

  9.5     Approval of Products and Product Approval Entities.

  9.2     Chairs Issues and Recommendations.

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

  9.5     TAC and POC Reports and Recommendations.

  9.6     To Conduct a Rule Development Workshop on Rule 9B-70, Education.

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

  9.5     Rule Development Workshop on Rule 9B-3.047, Florida Building Code, Glitch Amendments.

  9.6     Workplan Prioritization Exercise.

           

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

  9.8     The members followed the direction of the Facilitator.

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

  9.8     The Facilitator helped us arrange our time well.

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

 

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

  9.6     Overall, I am very satisfied with the meeting.

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

  9.5     I am satisfied with the outcome of the meeting.

 

4.         What progress did you make?

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

  9.2     I know who is responsible for the next steps.

 


5.         What did you like best about the meeting?

·   Excellent initiation into process.

·   Facilitator and chairman working together.

·   Organization - consensus building process – public input.

·   Organization – progress – civility.

·   It was well planned and moved difficult issues forward.

·   Kept on schedule and accomplished goals.

·   Allowed for public comment.

·   Organization.

·   The coffee was good

 

6.                  How could the meeting have been improved?

·   Improved materials well in advance of meeting.

·   Could use more clarification (ease) on finding documents on (some links did not work).

 

 

7.         Members Evaluation Comments.

·   In regard to the teleconference meetings.  I suggest staff review the additional use of a programmable live WebX or MSNetMeeting to facilitate recognition of speakers, issuance of documentation, etc. in addition to the telephone aspect not in lieu of.

·   Experienced difficulty with last minute changes to tracking charts.

 

Comments on Specific Agenda Items:

None.

 

 

Evaluation Comments:

 

 

PUBLIC-MEETING EVALUATION AND COMMENT RESULTS

None were completed.


ATTACHMENT 2

COMMISSION’S UPDATED WORKPLAN AND MEETING SCHEDULE

(Adopted Unanimously October 14, 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 (8 wk schedule)

February 2, 3 & 4

April 6, 7 & 8

June 8, 9 & 10

August 10, 11 & 12

October 12, 13 & 14

December 7, 8 & 9


 

FLORIDA BUILDING COMMISSION 2008 WORKPLAN

 

 

 

 

 

FLORIDA BUILDING COMMISSION 2008 WORKPLAN

 

 

 

Note: Red type indicates task originated as requirement of a law.

 

 

ANNUAL TASKS

 

 

 

 

1.          Report to 2009 Legislature

 

            Schedule:

            Commission identifies and receives draft recommendations                                       12/12/08

            Commission finalizes recommendations                                                                      1/30/09

            Commission report to 2009 Legislature                                                                       2/09

           

Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

            Origination:   Commission. Annual task authorized by statute

 

 

2007 FBC AND GLITCH AMENDMENT RELATED TASKS

 

 

2.         Glitch Amendments to the 2007 Florida Building Code (Previous Task 8.)

 

            Schedule:

            2007 Code published online                                                                                        2/1/08

Printed 2007 Codes available to the public                                                                 3/1/08

            Glitch amendment submittal DEADLINE                                                                 7/15/08

            Rule development workshop                                                                                       10/15/08

            Rule adoption hearing                                                                                                 12/10/08

            Glitch Rule effective                                                                                                   3/1/09

            2007 FBC effective                                                                                                     3/1/09

 

         Status:             In progress        

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                     75%

 

         Origination:   Commission. Triennial task subsequent to FBC Update authorized by statute

 

 

6.         Evaluate in-home waste water recycling in coordination with Department of Health and Department of Environmental Protection (Previous Task 14)

 

            Schedule:

Staff investigate DOH concerns and determine statutory authorities                         10-12/06

Department of Health and DEP meeting                                                                    2/12/07

            Follow-up meeting with DOH                                                                                    3/08

            Department of Health submits glitch amendment for consistency with                      6/1/08

                        its rule on use of gray water for landscape irrigation

            2007 FBC updated to reflect state regulations on reuse of gray collection                  12/31/08

                        within a home (See 2007 FBC schedule)

 

        Status:             In progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                90%

Origination:   Department of Health based on new in-home collection and reuse systems         seeking approval. Early coordination with DEP.

 

 

 

14.        Amend the Florida Energy Code to Require 15% More Efficiency in Buildings (Previous Task 37)

 

Schedule:

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

            Supplemental Rule Adoption Hearing                                                             10/15/08

            Rule filed                                                                                                                     7/08

            Adoption into 2007 FBC via “Glitch” cycle (See Task 2)      

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                90%

 

Origination:   The Governor directed the Commission to amend the Florida Energy Code to increase requirements for building energy efficiency by 15% in Executive Order 2007-127.


 

17.        Develop mitigation techniques for retrofit of existing site-built residential buildings: (Previous Task 27)

 

Schedule:

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

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                90%

 

Origination:   Development of mitigation techniques and adoption as Code requirements as directed by the law was directed by the 2007 Florida Legislature in CS/HB 7057.

 

 

 

 


 

18.        Electrical bonding and grounding for swimming pool decks (Previous Task 28)

 

Schedule:

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

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                90%

 

Origination:   The 2007 Florida Legislature directed adoption of the alternative pool bonding requirements by non-Code rule in 2007 and adoption in the 2007 FBC in CS/CS/SB 2836.

 

 

19.        Evaluate elimination of gravel and stone roofing systems (Previous Task 29)

 

Schedule:

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

                                                                                                                                    5/6/08

Submit for amendment of 2007 FBC during Glitch Cycle                                           5/08

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

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                90%

 

Origination:   The 2007 Florida Legislature directed the Commission to evaluate the consequences of adopting the International Building and Residential Codes prohibition of gravel roof systems in high wind areas before adopting it into the 2007 FBC and to take remedial action if warranted.


 

           

20.       Implement requirements of law for carbon monoxide detectors (Previous Task 32)

 

            Schedule:

            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  (date set by law)                                                                                  7/1/08

            Adopt and implement above requirements in 2007 FBC in Glitch Cycle                    2008

                        and DBPR hotels with fuel fired boiler requirements DBPR did not adopt a rule

                                    See Glitch Amendment Task 8 schedule

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                90%

 

 

Origination:   The 2007 Florida Legislature directed the Commission to adopt carbon monoxide detector requirements written into law as a separate non-Code rule to take effect July 1, 2008 and to adopt the requirements in law into the 2007 FBC.

 

 

41.        Review the 2008 National Electric Code for Adoption by Glitch Amendment

 

            Schedule:

           

Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   Recommended by Electrical TAC and approved by Commission at October 2008 meeting.

 

 


 

 

OTHER TASKS NOT SPECIFIC TO THE CODE

 

 

 

 

16.        Work with DCA to evaluate updated energy efficiency standards for energy using products (Previous Task 25 & 38)

 

      Schedule:

      DCA initiates rule proceeding                                                                         8/07

      Enter into contract for study                                                                                       9/07

      DCA Secretary Pelham addresses Commission suggesting coordination                     10/3/08

      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

 

Status:             Commission denied DCA proposals for increasing appliance/systems energy efficiency in the Florida Energy Code update.

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   The Governor directed the Department of Community Affairs to amend the Florida Appliance Efficiencies to increase energy efficiency requirements by 15% in Executive Order 2007-127. DCA Secretary Pelham addressed the Commission and requested its cooperation in complying with the directives of the Governor’s EO. DCA/Commission staff presented a plan for increasing efficiency requirements for appliances and energy using equipment that fall within the authorities of the Florida Energy Code. The Commission rejected the proposed amendments at its May 2008 meeting thereby not providing the coordination and cooperation requested by DCA.

 


 

 

25.      Investigate A Consistent Definition of “Bedroom” for Department of Health On-site Septic System Sizing Regulations

 

Schedule:

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                                                                                                   5/7/08

                                                                                                                                    10/15/08

Report to Commission and DOH                                                                                12/08

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25%

 

Origination:   The initiative to develop consistency between building department and health department judgements of the number of bedrooms in a home as it applies to onsite sewage treatment system sizing was suggested by Commissioner Browdy for two legislative sessions and the joint project with Department of Health was established by mutual agreement during the 2007 Legislative Session.

 

 

 

28.       Develop Legislative Recommendation for Building Code Carbon Monoxide Detector

            Requirements

 

            Schedule:

            Mechanical TAC considers                                                                                          10/13/08

            Expand review to a workgroup to include additional stakeholder groups                   10/15/08

            Recommendations to Commission                                                                              12/08

            Report to 2009 Legislature                                                                                          2/09

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   Commissioner Bassett advised the Commission that the 2007 Law requirements  for carbon monoxide detectors would not provide effective safety for facilities with boilers. Inquires were made by staff during the 2008 Legislative Session regarding delegating establishment of criteria to the Commission by rule. The response was the Commission should work on criteria that could be changed in law.


 

 

30.       Develop Criteria for Evaluation Entity Approval and Adopt by Rule or Develop Recommendation for 2009 Legislature for Entities to be Recognized in Law

 

            Schedule:

            Product Approval POC considers at meetings                                                            8/08-12/08

            Recommendation to Commission for vote                                                                  12/10/08

            Option 1:  Recommend adding entities to list in law

                        Commission includes in report to Legislature (See Task 36)               2/09

Option 2:  Establish entity approval criteria by rule

                                    Initiate rule making to adopt criteria                                                   2/09

                                    Report criteria to Legislature in report (See Task 36)              2/09

                                    Rule effective no later than (per HB 697)                                         7/1/09

                                   

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

 

Origination:   The 2008 Legislature directed the Commission to review the list of Product Evaluation Entities currently identified in law and either recommend modifications to the list or establish criteria for approval of additional entities by rule and report on those criteria to the 2009 Legislature.

 

 

 

 

32.       Design Charette for Hotel Room Accessibility

 

Schedule:

Charette planning                                                                                                        1/08-10/08

Conducted during December 2008 Commission meeting                                            12/08

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%                                                                   50%

 

            Origination:   Accessibility TAC


 

 

33.       Evaluate Swimming Pool Entrapment Standards Application to Existing Pools

 

Schedule:

            Evaluation                                                                                                                   2/09-8/09

            Proposal for 2010 Legislature and/or 2010 FBC Update                                            12/09

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   Plumbing TAC recommendation approved by Commission June 2008. Proposed by Spa and Pool association.

 

 

 

 

36.       Evaluate Need for 4 Hour Bldg Code Core Course as Licensing Requirement

 

            Schedule:

            POC conducts workshops                                                                                           08/08-12/08

            Recommendation to Commission for Report to Legislature                                        12/12/08

            Commission finalizes recommendations for Report                                                    1/30/09

            Commission report to 2008 Legislature                                                                       2/09

           

Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   Education POC. Voted approved by Commission at June 24, 2008 meeting.

 


 

37.       Evaluate Amending 9B-72.180 on Equivalency of ASTM E 1300-02 and ASTM E 1300-04 and Rule 9B-72.090 on Product Approval Self Affirmation

 

            Schedule:

Structural TAC Recommendation on Equivalency to Commission                             10/15/08

Rule Development Workshop                                                                                     12/10/08

Rule Adoption Hearing                                                                                               2/04/09

Rule Effective                                                                                                             4/09

POC Recommendation on Self Affirmation to Commission                                       12/12/08

Rule Proceeding                                                                                                          2/09-4/09

           

Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   Product Approval POC. Voted approved by Commission at June 24, 2008 meeting.

 

 

40.       Develop Integration of Florida Accessibility Law into the New ADAAG Being Adopted by the US Department of Justice

 

            Schedule:

           

Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   Recommended by Access TAC and approved by Commission at October 2008 meeting.

 

 

 

 


 

2010 FBC UPDATE DEVELOPMENT TASKS

 

 

9.         Load Side - Wind Pressure Research (Previous Task 19)

 

            Schedule:

            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     (Note: August 2008 mtng canceled due to TS Fay)              10/08 & 12/08

 

        Status:             Substantially Complete

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                90%

 

Origination:   Hurricane Research Advisory Committee identified design pressure requirement errors while conducting wind tunnel testing for the Panhandle wind-borne debris projected directed by the Legislature. Subsequent research was conducted to provide the base of improved roof edge design pressure requirements.

 

 

10.        Resistance Side – Component and Cladding & MWFRS Research (Previous Task 20)

 

            Schedule:

            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                                                                                                     10/08 & 12/08

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            40%

 

Origination:   Hurricane Research Advisory Committee identified building failures in 2004 and 2005 hurricanes, recommended quick-fixes for some and identified areas needing further research before standards are established. The Commission sought funding and research work was initiated in 2007.


 

 

 

 

22.       Evaluate and Adopt the Development Process for the 2010 Florida Building Code (Previous Task 39)

 

            Schedule:

            Chairman appoints a study committee                                                                        1/08

            Committee meets to review and develop recommendation                                         12/08 – 4/09  Commission conducts public hearing           and adopts plan                                               4/09

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

 

            Origination:   Chairman and Staff planning for the 2010 FBC development.

 

 

 

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

 

Schedule:

Appoint workgroup                                                                                                     3/19/08

Include task in UF components and cladding contract                                                3/08

Workgroup meetings                                                                                                   11/6/08

                                                                                                                                    1/09-6/09

Recommendations ready to propose for 2010 FBC                                                     6/09

Report to Structural TAC and Commission                                                                 2009

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

 

Origination:   Soffit manufacturers requested formation of a work group to develop label  requirements similar to the Commission’s action for windows, shutters and garage doors then expanded the request to include developing installation requirements. Investigation of performance and development of the basis for installation requirements is one of the elements of the components and cladding research being conducted underTask 10.


 

 

 

26.       Investigate Humidity Control Problems for Hot and Humid Climates

            (Formerly 2008 Task 11/2007 Task 21)

 

            Schedule:

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

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

              For 2010 Florida Building Code                                                                                12/09

 

        Status:             In Progress

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

50%

 

Origination:   Energy and Mechanical TACs out of air conditioning contractors’ concern for impacts of increased building envelope efficiencies (sensible heat gain reduction) advocated by window manufacturers combined with low cost approaches to increased AC equipment efficiencies used in response to federal standards increases

 

 

 

27.       Develop Rule for Energy Code Cost Effectiveness Test

 

            Schedule:

            Begin                                                                                                                           1/09

              Completed                                                                                                                   6/09

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   The Commission was directed by the 2008 Florida Legislature in HB 7153 to develop a cost effectiveness test criteria by rule to be applied to justification for increased residential building energy efficiency requirements.

 


 

 

29.         Develop Design Criteria for Energy Efficient Pool Systems

 

              Schedule:

              For 2010 Florida Building Code                                                                                12/09

              Begin                                                                                                                         2/09

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

 

Origination:   During discussions with the Florida Spa and Pool Association regarding energy efficiency requirements for pool pumps members suggested improved efficiency could be achieved through criteria for pool hydronic system design.

 

 

31.        Develop Improvements for Gravel Roof Systems

 

            Schedule:

            For 2010 Florida Building Code Update                                                                     12/09

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   During the evaluation of whether gravel roof systems should be prohibited by the 2007 FBC, Task 19, the Florida Roofing and Sheet Metal Association and Commission agreed to retain gravel roof systems and apply the HVHZ criteria throughout the state and develop improvements to the systems.

 


 

 

34.       Evaluate Rainwater Collection and Reuse for Process Water in Coordination with      DOH, Health Officials, DEP and Other Water Management Agencies

 

Schedule:

            (For 2010 Florida Building Code Update)                                                                   12/09

            Begin                                                                                                                           2/09

 

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

            Origination:   Plumbing TAC recommendation approved by Commission June 2008

 

 

 

35.       Study Energy Conservation Measures and Develop a Plan for 20% Increased Efficiency Requirement for 2010 FBC

 

Schedule:

TAC considers options and develops consensus plan                                                 2/09-6/09

Recommendation to Commission                                                                                10/09

5% Code amendment proposal submitted for 2010 FBC Update                                12/09

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   The 2008 Legislature directed the Commission to enact specific increase in building energy efficiency requirements in HB 7153. This task initiates the study and development of a schedule of increasing requirements, the first of which are to be enacted in the 2010 FBC whose development begins in 2009.


 

 

38.       Evaluate Adoption of Flood Standards in the Florida Building Code

 

Schedule:

Workgroup appointed                                                                                                  12/08

Workgroup meetings                                                                                                   1/09-6/09

Recommendations to Commission                                                                              6/09

Proposals for 2010 FBC submitted for adoption                                                         12/09

            (See 2010 FBC development schedule)

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   The Florida Division of Emergency Management and FEMA requested the policy established in 2000 regarding flood requirements adoption outside the building code be reviewed. DEM will provide a grant to fund the project.

 

39.       Study Energy Conservation Measures for Replacement of Air Conditioning Equipment

 

Schedule:

 

        Status:             Pending

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0%

 

Origination:   Recommendation of the Energy TAC resulting from consideration of Energy Code amendment proposals regarding replacement air-conditioning systems at the October 2008 meeting. Approved by the Commission October 15,2008.


 

 

COMPLETED TASKS

 

 

1.          Report to 2008 Legislature (Previous Task 35)

 

            Schedule:

            Commission identifies and receives draft recommendations                                       12/12/07

            Commission finalizes recommendations                                                                      1/30/08

            Commission report to 2008 Legislature                                                                       2/08

           

Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

            Origination:   Commission. Annual task authorized by statute

 

 

3.         Amend the Florida Accessibility Code for Building Construction (Previous Task 10)

 

Schedule:

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

Rule Effective                                                                                                             5/14/08

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

 

            Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

            Origination:   Accessibility TAC. Access Code amended for consistency with amended law.


 

4.         Develop Product Validation Criteria for Methods of Demonstrating Compliance with Code (Previous Tasks 12 and 31)

 

Schedule:

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

           

Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

 

            Origination:   Product Approval POC. Rules developed pursuant to requirements of law.


 

 

5.         Review and Address Code Administration Needs of Local Governments and Measures to Improve Uniform and Effective Enforcement of the Code (Previous Task 13)

 

            Schedule:

            Assessment survey design and research                                                                       5-7/07

            On-line survey designed and conducted                                                                      7/07-9/07

            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

            TAC Recommendations Presented to Commission                                                     5/08

            Staff Analysis of Costs and Resources to Commission                                                8/08

 

        Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

            Origination:   Commission 2006

           

 

7.         Address implementation of the electrical systems requirements of the Energy Efficiency Code (Previous Task 15)

 

Schedule:

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 BASF project                                                      8/07- 7/08

 

Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

            Origination:   Electrical TAC during development of the 2007 FBC

 


 

 

8.         Develop Code-Plus criteria for insurance qualification (Previous Task 18)

 

            Schedule:

            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 recommendations                                                                      12/10/07

            Present in report to 2008 Legislature                                                                          2/08

 

        Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

            Origination:   2007 Florida Legislature directive from HB 1-A,

 

 

12.        Develop a model energy efficiency ordinance for residential development (Previous Task 22)

 

            Schedule:

            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

 

        Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

 

Origination:   The 2007 Florida Legislature directed the Commission to develop the model Green Building Ordinance in CS/HB 7123.


 

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)

 

            Schedule:

            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

 

        Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

 

Origination:   The 2007 Florida Legislature directed the Commission to evaluate cost effective energy conservation measures in CS/HB 7123 and CS/CS/SB 2836.

 

 

15.        Develop and implement public awareness campaign on energy efficiency and benefits of Green Buildings (Previous Task 24)

 

            Schedule:

            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

 

        Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

 

Origination:   The 2007 Florida Legislature directed the Commission to develop the model Green Building Ordinance in CS/HB 7123.


 

 

 

21.        Develop Instruction for Manufacturers Obtaining Product Approval via Associations (Previous Task 36)

 

            Schedule:

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

            Recommendation to POC and Commission                                                                10/07

            Declaratory Statement  DCA07-DEC-181 issued                                                      1/3/08

 

        Status:             Task Completed.

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

 

            Origination:   Product Approval POC

 

 

23.       Revise Rule 9B-3.050 for:

 

A.        New Proposed Code Amendment Form/Procedures for Glitch Amendments

 

            Schedule:

            Rule Development Workshop                                                                                     3/19/08

            Rule Adoption Hearing                                                                                               5/7/08

 

        Status:             Task Completed

% Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                      100%

 

Origination:   Authority for Glitch Amendments granted by the 2007 Legislature in SB 2836. Implementing rules are required.

 


 

TASKS DIRECTED BY LAWS

 

 

2008 Legislature Directed Tasks

 

HB 697           Building Code

Action required:

              1.  Recommend the Legislature expand the list of evaluation entities in law or develop and adopt rules for approving evaluation entities.

 

            Section 16. Subsection (17) is added to section 553.842,Florida Statutes, to read:

            553.842 Product evaluation and approval.—

            (17)(a) The Florida Building Commission shall review the list of evaluation entities in         subsection (8) and, in the annual report required under s. 553.77, shall either recommend         amendments to the list to add evaluation entities the commission determines should be       authorized to perform product evaluations or shall 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. If the commission adopts criteria by rule, the      rulemaking process must be completed by July 1, 2009.

 

 

HB 7153         Energy

Action required:

1.      Increase building efficiency requirements of the 2010 Florida Energy Efficiency Code for Building Construction by 5% for the 2010 relative to the Code which takes effect December 31, 2009.

2.      Identify specific building options to achieve the energy efficiency improvements.

3.      Adopt by rule a cost effectiveness test and apply to the energy efficiency improvements.

 

            Section 109. Section 553.9061, Florida Statutes, is created to read:

            553.9061 Scheduled increases in thermal efficiency standards.--

             (1) The purpose of this section is to establish a schedule of increases in the energy performance of buildings subject to  the Florida Energy Efficiency Code for Building   Construction. The Florida Building Commission shall:

                        (a) 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.

              :

              :

            (2) The Florida Building Commission shall identify within code support and compliance      documentation the specific building options and elements available to meet the energy    performance goals established in subsection (1). Energy-efficiency performance options and     elements include, but are not limited to:

            (a) Solar water heating.

            (b) Energy-efficient appliances.

            (c) Energy-efficient windows, doors, and skylights.

            (d) Low solar-absorption roofs, also known as "cool roofs."

            (e) Enhanced ceiling and wall insulation.

            (f) Reduced-leak duct systems.

            (g) Programmable thermostats.

            (h) Energy-efficient lighting systems.

 

            (3) The Florida Building Commission shall, prior to implementing the goals established in   subsection (1), 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.

 

 

2007 Legislature Directed Tasks- 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:
    • Prescriptive gable end bracing techniques
    • Secondary water barrier requirements and standards
    • Prescriptive roof-to-wall attachment techniques (not to exceed         15% of reproofing cost)
    • Strengthening/correction roof deck attachment/fastening
    • Opening protection

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:

    • Requirements of 2) and 3).

 

 

CS for CS for SB 2836            Building Code

Action required:

 

  1. Electrical bonding and grounding for swimming pool decks:
    • Notify building departments about pool bonding alternative authorized by law.
    • Review swimming pool electrical bonding requirements of NEC and develop alternative technique.
    • Adopt a rule authorizing use of the alternative technique.
    • Adopt the alternative in the 2007 FBC.

 

  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- 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

COMMISSION TELECONFERENCE PROCESS

 

ATTENDANCE

Ø      Facilitator will ask Commissioner or committee members to identify themselves.

Ø      Members will offer their names one at a time. To avoid confusion and to ensure accuracy, please wait until facilitator repeats and confirms a name before offering another.

Ø      Once attendance is complete, the agenda will be reviewed and approved by the Commission or Committee.

Ø      Commission or committee members should announce if they have to sign-off before the teleconference meeting is complete, to ensure a quorum and accurate count of votes.

 

 

PARTICIPANT ETIQUETTE

Ø      Background noise from participants is picked-up and amplified on the conference leader’s phone, especially if you are on a speaker-phone.

Ø      Please place your phone on mute unless speaking, to cut down on ambient background noise.

 

 

DISCUSSION PROCESS

Ø      Chair/Facilitator will introduce discussion item or presenter.

Ø      Presenter will provide overview of issue and recommendation(s) for Commission or committee action.

Ø      Hold questions until presentation is complete.

Ø      Once presentation is complete, Chair/Facilitator will ask if Commissioners or committee members have clarifying questions on the issue, create a speaker’s list, and call on members in-turn for clarification.

Ø      Chair/Facilitator will ask if anyone from the public wishes to discuss the issue or propose alternative options, create a speaker’s list, and call on participants in-turn for discussion.

Ø      Chair/Facilitator will ask if any Commissioner or committee member wishes to discuss the issue or propose alternative options, create a speaker’s list, and call on members in-turn for discussion.

Ø      Once clarification and discussion is complete, Chair/Facilitator will ask if a Commissioner or committee member wishes to make a motion on the issue.

Ø      Following a second for the motion, Chair/Facilitator will ask if there is any additional discussion.

Ø      If the motion involves an option the public has already provided input on, then the vote is taken following any additional Commission or committee discussion; if the proposed action (motion) is materially different from what was previously discussed, an additional opportunity is provided for public comment, and then the Commission or committee votes on the motion.


FLORIDA BUILDING COMMISSION

CONSENSUS-BUILDING AND DISCUSSION PROCESS

The Commission seeks to develop consensus-based policy decisions and recommendations. General consensus is a participatory process whereby, on matters of substance, the members strive for agreements which all of the members can accept, support, live with or agree not to oppose.  In instances where, after vigorously exploring possible ways to enhance the members’ support for a final decision on an issue and the Commission finds that 100% acceptance or support is not achievable, final decisions will require at least 75% favorable vote of all members present and voting.  This super majority decision rule underscores the importance of actively developing consensus throughout the process on substantive issues with the participation of all members and which all can live with.  In instances where the Commission finds that even 75% acceptance or support is not achievable, publication of recommendations will include documentation of the differences and the options that were considered for which there is more than 50% support from the Commission.

The Commission develops its decisions and recommendations using consensus-building techniques with the assistance of the Facilitator (i.e., brainstorming, acceptability ranking, prioritization, etc).

The Commission’s consensus process is conducted as an open process consistent with applicable law and rule.  Commission members, staff, and facilitator are the only participants seated at the table, and only Commission members may vote on proposals and recommendations. To the extent reasonable, on each substantive issue the Commission shall identify and evaluate the full range of options prior to offering a formal motion. This ensures that the Commission makes the best possible decision informed by the public’s and Commissioner’s perspective on the issue and range of alternatives.

Substantive Discussion Issue Process Overview

·        Issue is presented to the Commission,

·        TAC, POC, Workgroup, Ad Hoc, or staff recommendations are presented,

·        Commission asks clarifying questions (addresses a specific point that is not understood),

·        Commission identifies any additional options they want discussed/evaluated,

·        Public is provided an opportunity to comment on the options, and/or to offer alternative options for Commission consideration,

·        Commission discusses the range of options,

·        A motion is made for a specific action on the issue,

·        Commissioners may, though the Chair or Facilitator, request clarification from the public,

·        If the motion involves an option the public has already provided input on, then the vote is taken following any additional Commission discussion; if the proposed action (motion) is materially different from what was previously discussed, an additional opportunity is provided for public comment, and then the Commission votes on the motion.

 

To enhance the possibility of constructive discussions as members educate themselves on the issues and engage in consensus-building, members agree to refrain from public statements that may prejudge the outcome of the Commission’s consensus process.  In discussing the Commission process with the media, members agree to be careful to present only their own views and not the views or statements of other participants. In addition, in order to provide balance to the Commission process, members agree to represent and consult with their stakeholder interest groups to the extent feasible.


 

FLORIDA BUILDING COMMISSION

PUBLIC INPUT ON COMMISSION DISCUSSION PROCESS

 

Discussion item is introduced and any background information provided. If there is a specific action requested of the Commission, the proposal is summarized and any rationale provided.

 

Chair or Facilitator asks Commission members only for clarifying questions (a clarifying question addresses a specific point that is not understood, and should not indicate support or opposition to the proposal).

 

After questions, the Chair or Facilitator opens the issue up for discussion. All Commission members wishing to speak must raise their hand(s) and be acknowledged by the Chair/Facilitator prior to speaking. Commission adopted meeting guidelines are in effect at all times.

 

Following Commission’s preliminary discussion on a substantive issue, the Chair or Facilitator asks if any members of the public wishes to address the Commission on the current issue under Commission consideration. Members of the public will be provided one opportunity to comment per discussion/agenda item, and may be time limited depending on number of people wishing to speak and number of issues on the agenda. The Facilitator serves as the moderator for public input. The Facilitator asks for those who wish to speak in favor of the proposal or topic under discussion to offer brief comments, others who wish to speak in favor are asked to offer new points or simply state agreement with previous speakers. The same opportunity and requirements are offered for those who wish to speak in opposition to the proposal or topic under discussion. In addition, the public may offer alternative options for Commission consideration. The Facilitator ensures that the full range of views are expressed and similar views are not repeated. Members may, through the Chair/Facilitator, ask clarifying questions to members of the public offering comments. This process is used for substantive issues and not for procedural matters before the Commission.

 

After discussion and public comment, a Commission member may offer a motion for an action on the issue. If there is a second to the motion the Chair/Facilitator calls for discussion. Once a motion is made and seconded, the discussion is restricted to only Commission members unless the Chair/Facilitator requests specific clarification from a member of the public. Commission members may request specific clarification from a member of the public through the Chair/Facilitator at any time. A member may wish to second a motion for the purpose of Commission discussion and not necessarily as a show of support for the motion. If the motion involves an option that the public has already commented on, then the vote is taken, if the proposed action (motion) is materially different from what was previously discussed, an additional opportunity is provided for public comment, and then the Commission votes on the motion.

Only motions to approve are considered. If there is no motion after discussion the requested action is not approved, and “dies” for a lack of a second.

 

In addition, members of the public are welcome to provide input to the Commission during the public comment period provided at each meeting, and all comments submitted on the blue “Public Comment” forms provided at each meeting are included in the Facilitator’s summary reports.


 

ATTACHMENT 4

LEGAL REPORT

 

SECOND HEARING

 

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

 

Question One: Are the fasteners used to install a product which has been evaluated for Product Approval using Rule 9B-72 method 1-B (testing method) required to meet the factor of safety of the testing standard ?

Committee Action: Yes, and this is consistent with the Commission action of DCA06-DEC-200.

 

Question Two: In addition to question one, are the fasteners used to install a product which has been evaluated for Product Approval using Rule 9B-72 method 1-B (testing method) required to demonstrate compliance with the factor of safety as required by the material standard ?

Committee Action: Yes, product assemblies evaluated for product approval using Rule 9B-72.070, Method 1-B (Test report method) must be anchored in accordance with the fastener manufacturer’s instructions which have been evaluated to the materials standards referenced in the Florida Building Code and/or in accordance with acceptable engineering practices.

            (From June 2008 meeting)

 

 

DCA08-DEC-119 by Dick Wilhelm, Fenestration Manufacturers Association

and Jeff Lowinski, Window and Door Manufacturers Association

 

WITHDRAWN

 

 

DCA08-DEC-124 by Chris Sheppard, System Components Corporation

Question: For HVHZ and Non HVHZ zones, does the approval basis for the underlayment referenced in Section 201.2, item (c) of Rule 9B-3.047 is based on compliance with Florida Building Code Section 1518.4 and Residential Code section R4402.7.4?

Answer:  In accordance with Chapter 9 and 44 of the Florida Building Code, Residential and Chapter 15 of the Florida Building Code, Building, underlayment referenced in Section 201.2 item (c) of Rule 9B-3.0475 shall be in compliance with ASTM D 226 Type I or II or equivalent.

 

DCA08-DEC-142 by Jerry Sparks, Hillsborough County Florida

 

Question #1: Whether Sections 110.2 and 106.3 in conjunction with F.S. Chapter 163 allow a local government to restrict the issuance of Certificate of Occupancy to enforce compliance of off-site improvements conditions.

 

Answer:  As per ss. 110.2 and 106.3 of the Florida Building Code, Building, withholding Certificate of Occupancy is explicitly authorized for other than code subjects i.e. enforcement of other laws and ordinances enforced by the Hillsborough County Building Department.  However, the Florida Building Commission jurisdiction is limited in scope to subject matters authorized under Chapter 553, Florida Statutes.

 

Question #2:  Whether it can also be withheld to enforce compliance of on-site improvements conditions, all to meet adopted land development regulations.

 

Answer:  See answer to Question #1.

 

DCA08-DEC-147 by John Berry, AIA, Cole + Russell Architects

Question:         Is it the intent of Rule 9B.0472 to require CO detection within 10’ of all sleeping rooms throughout this entire facility, when the fossil fueled appliances are centrally and remotely located several hundred feet and several stories from the apartment units?

 

 

Answer:           No.  According to Section 705.1 of the FBC, Building, the facility in question consists of three buildings and thus Rule 9B-3.0472 provisions will only apply to the North Building and the Central Building where the fossil-fuel burning appliances are proposed to be located.

DCA08-DEC-150  by James Paula, St Johns County Board of County

Question #1 Is it the intent of 3109.4.1 to require that decks and stairs attached to the structure also require a pile foundation?

Answer: Yes, the Florida Building Code does not differentiate between one portion of a structure to another.  The decks would be considered a part of a habitable structure and the stairs are a part of the required egress for the structure.

 

Question #2  Is it the intent of FBC 3109.4.1 to allow a design ratio or pile spacing to pile diameter of less than 8:1?

Answer: No, Section 3109.4.1 states in part that “design ratio or pile spacing to pile diameter should not be less than 8:1 for individual piles located above the design grade.”

 

Question #3  Is it the intent of FBC 3109.3 to require that the bottom of the lowest horizontal structural member be located above the 100 year storm elevation when a portion of the lowest horizontal members fall landward of the CCCL line?

Answer:  Yes, the scoping section 3109.1.1 states in part that the provision of section 3109 shall apply to “all habitable structures which extend wholly or partially seaward of a CCCL or 50 foot setback line.” “Emphasis added”

 

 

 

 

 

FIRST HEARING

 

DCA08-DEC-168 by Leonard Terry, President, Omnicrete

Question:

        Is Omnicrete exempt from the process to apply for a Florida Product Approval?

 

Answer:

State Product Approval is an option to local approval and not a minimum requirement. Products that are not approved at the State level may be subject to approval by the local authority having jurisdiction. No, it does need a Florida Product Approval, either at a local level or the state level. A structural wall system that is constructed to fit specific plans and design is outside the scope of Rule 9B- 72. However, construction systems that use forms to form the wall system on site do fall within the scope of Rule 9B-72.

 

DCA08-DEC-193 by Richard Mihalich, Plans Examiner and Inspector, City of South Daytona

Question 1: Does the code require artificial lighting in these areas when they are occupied?

 

Answer: Yes: Section 1205 of the code does not offer exceptions relative to general lighting.

 

DCA08-DEC-194 by Dan Arlington, St. Johns County Building Department

Tabled/Deferred to December meeting

DCA08-DEC-201 by Michael Schultz, P.E., Buckeye