FLORIDA BUILDING COMMISSION

Chairman TAC and Plenary Session

Gaylord Palms

6000 West Osceola Parkway

Kissimmee, Florida  34746

Plenary Session

October 18, 2013

8:30 AM

 

COMMISSIONERS PRESENT:

 

Dick Browdy, Chairman                                             Jeffrey Gross

Hamid Bahadori                                                         Brian Langille

Steve Bassett                                                              Beth Meyer

James Batts                                                                 Darrell Phillips

Bob Boyer                                                                   Bradley W. Schiffer

Donald Brown                                                                        James Schock

Oscar Calleja                                                               Frederick Schilling

Jay Carlson                                                                  Drew Smith

David Compton                                                          Jeff Stone

Nan Dean                                                                    Brian Swope

Charles Frank                                                              Tim Tolbert

Thomas Franz

COMMISSIONERS NOT PRESENT:

 

Kevin Flanagan                                                           Herminio Gonzalez

Robert Hamberger

 

OTHERS PRESENT:

.

Jim Richmond                                                             Chris Burgwald

Mo Madani                                                                 April Hammonds

Jim Hammers                                                              Ann Stanton

Ila Jones

 

MEETING FACILITATION:

 

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

 

 

 


FBC Plenary Session

October 18, 2013

Page 2

 

Welcome:

 

Time:  8:30 am

 

Chairman Browdy welcomed Commissioners, staff, and members of the public to Kissimmee and the October 18, 2013 plenary session of the Florida Building Commission. In addition to considering regular procedural issues including product and entity approvals, applications for accreditor and course approvals, petitions for declaratory statements, accessibility waivers, and recommendations from our various committees, the primary focus of the October meeting is to conduct an orientation sessions for our new Commissioners, to proceed with rule development on the Product Approval and Education rules, and to decide on Commission funding of research projects.

 

Members of the public are requested to sign the attendance sheet on the speaker’s table in the center of the room. In addition, we have a sign-up sheet for general public comment. As always, we will provide an opportunity for public comment on each of the Commission’s substantive discussion topics (actions that are not procedural or ministerial in content). If you want to comment on a specific substantive Commission agenda item, please come to the speaker’s table when the issue is up for consideration so we know you want to speak. Public input is welcome, but should be offered before there is a formal motion on the floor. Please remember to keep all electronic devices turned off or in a silent mode. Thank you for your cooperation.

 

The Chairman noted that there were buff colored “Public Comment Forms” on the speakers’ table that can be used to provide written comments and all written comments will be included in the Facilitator’s Summary Report. Please give your completed “Public Comment Forms” to Jeff Blair.

 

Chairman Browdy noted that there are some of the licensing boards located within the Department of Business and Professional Regulation have adopted rules regarding continuing education credits for attending Florida Building Commission meetings and/or Technical Advisory Committee meetings. If your board participates you may sign-in on the kiosk laptop provided in the meeting room.

 

 

Florida Building Commission Appointments:

Chairman Browdy announced that the Governor had made seven new appointments to the Commission.

 

Steve Bassett has been appointed to represent Mechanical Engineers, and replaces Rafael Palacios. Steve is from Plantation and is as self-employed mechanical engineering consultant. His term runs from August 27, 2013 to December 8, 2017. Welcome back to Steve and thanks to Rafael for his dedicated and outstanding service.


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October 18, 2013

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Florida Building Commission Appointments (cont.):

 

Jay Carlson has been appointed to represent General Contractors, and replaces John Scherer. Jay is from Port Charlotte and is the owner of Carlson and Soforth. His term runs from August 27, 2013 to February 11, 2017. Welcome to Jay and thanks to John for his dedicated and outstanding service.

 

Thomas Franz has been appointed to represent Residential Contractors, and fills a vacant position. Thomas is from Melbourne and is the president of Franz Constructions Services, LLC. His term runs from August 27, 2013 to January 21, 2015. Welcome to Thomas.

 

Robert Hamberger has been appointed to represent Code Officials, and replaces Dale Greiner. Robert is from Pompano Beach and is the chief building official for Broward County Schools. His term runs from August 27, 2013 to January 9, 2017. Welcome to Robert and thanks to Dale for his dedicated and outstanding service.

 

Brian Langille has been appointed to represent the Natural Gas Distribution System industry, and fills a new position created by the 2013 Legislature. Brian is from Clearwater and is the operations manager for the City of Clearwater. His term runs from August 27, 2013 to June 30, 2015. Welcome to Brian.

 

Darrell Phillips has been appointed to represent Public Education, and replaces Jon Hamrick. Darrell is from Tallahassee and is the construction planning and design manager for the Department of Education. His term runs from August 27, 2013 to November 21, 2017. Welcome to Darrell and thanks to Jon for his dedicated and outstanding service.

 

Frederick Schilling has been appointed to represent Plumbing Contractors, and replaces Randall Vann who resigned some time ago. Frederick is from Boca Raton and is the CEO and master plumber of Pipeline Plumbing Services of Broward County. His term runs from August 27, 2013 to January 31, 2015. Welcome to Frederick and thanks to Randall for his dedicated and outstanding service.

 

The Governor has also reappointed the following Commissioner:

Hamid Bahadori has been reappointed to represent Fire Protection Technologists. Hamid is from Lake Mary and is the principal engineer at Hughes Associates Inc. We are pleased that Hamid has been reappointed for an additional term running from August 27, 2013 to February 7, 2017.


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October 18, 2013

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Roll Call:

 

Chairman Browdy performed roll call, a quorum was met with 23 members present.

 

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

 

Jeff Blair welcomed participants to the August Plenary Session and introduced the agenda as follows:

 

·         To Consider Regular Procedural Issues: Agenda Approval and Approval of the August 22 - 23, 2013 Facilitator’s Summary Report and Meeting Minutes.

·         To Review Committee Assignments and Issues for the Next Meeting—December 12 - 13, 2013 in St. Pete Beach, Florida.

 

Chairman Browdy requested a Motion to approve the October 18, 2013 agenda as presented.  A motion was entered by Commissioner Boyer and seconded by Commissioner Schock, the motion passed unanimously.


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October 18, 2013

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Approval of the August 22-23, 2013 Facilitator’s Summary Report and Meeting Minutes:

 

Commissioner Brown entered a Motion to approve the August 22-23, 2013 Facilitator’s Summary Report and Meeting Minutes as presented.  Commissioner Batts seconded the Motion.  The Motion passed unanimously.

 

Chairman’s Discussion Issues and Recommendations:

 

Chairman Browdy provided background of TACs and POCs.  He stated a TAC is an acronym for Technical Advisory Committee and a POC is an acronym for Program Oversight Committee.

 

Chairman Browdy stated TAC/POC membership is an important responsibility generally and especially so for Commissioners.  They serve in the vital capacity of linking the Commission with its technical committees during both the conduct of committee meetings and when the Commission meets in full reinforcing the necessary dialogue to effectively discharge our duties. Chairman Browdy stated that because the Commission has evolved over the years at one time the TACs and POCs met in person, prior to the meeting.  He further stated that due to financial constraints and other issues have forced these meetings to be held telephonically.  Chairman Browdy stated this has made it a little more difficult in many ways, but has offered better participation.  He advised how important it is to be present on the TAC/POC meetings as the Commission relies on the information from those meetings to make decision at the Commission meetings.  Chairman Browdy then announced the following new POC/TAC appointments:

TAC Chair Appointments

 

Electrical TAC Chair

Kevin Flanagan is appointed to replace John Scherer as chair of the Electrical TAC. Thanks to Commissioner Flanagan for agreeing to serve as chair and to John for his dedicated/outstanding service.

 

Energy TAC Chair

Drew Smith is appointed to replace Dale Greiner as chair of the Energy TAC. Thanks to Commissioner Smith for agreeing to serve as chair and to Dale for his dedicated/outstanding service.

 

Mechanical TAC Chair

Steve Bassett is appointed to replace Rafael Palacios as chair of the Mechanical TAC. Thanks to Commissioner Bassett for agreeing to serve as chair and to Rafael for his dedicated/outstanding service.

 

Special Occupancy TAC Chair

Darrell Phillips is appointed to replace Jon Hamrick as chair of the Special Occupancy TAC. Thanks to Commissioner Phillips for agreeing to serve as chair and to Jon for his dedicated/outstanding service.

 


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October 18, 2013

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Chairman’s Discussion Issues and Recommendations (cont.):

 

Appointments to Commission – POCs/TACs

 

Accessibility TAC

Frederick Schilling is appointed to fill a vacant seat on the Accessibility TAC. Chairman Browdy thanked Commissioner Schilling for agreeing to serve.

 

Code Administration TAC

Jay Carlson is appointed to replace John Scherer on the Code Administration TAC. Chairman Browdy thanked Commissioner Carlson for agreeing to serve and to John for his dedicated/outstanding service.

Don Brown is appointed to fill a vacant seat on the Code Administration TAC.  Chairman Browdy thanked Commissioner Brown for agreeing to serve.

 

Education POC

Brian Langille is appointed to replace Ken Gregory on the Education POC. Chairman Browdy thanked Commissioner Langille for agreeing to serve and to Ken for his dedicated/outstanding service.

Darrell Phillips is appointed to replace Jon Hamrick on the Education POC Chairman Browdy thanked Commissioner Phillips for agreeing to serve and to Jon for his dedicated/outstanding service.

 

Electrical TAC

Steve Bassett is appointed to fill a vacant seat on the Electrical TAC created by Kevin Flanagan assuming the role of chair. Chairman Browdy thanked Commissioner Bassett for agreeing to serve.

 

Energy TAC

Oscar Calleja is appointed to replace Rafael Palacios on the Energy TAC. Chairman Browdy thanked Commissioner Calleja for agreeing to serve and to Rafael for his dedicated/outstanding service.

 

Fire TAC

Robert Hamberger is appointed to replace Jon Hamrick on the Fire TAC. Chairman Browdy thanked Commissioner Hamberger for agreeing to serve and to Jon for his dedicated/outstanding service.

 

Plumbing TAC

Brian Langille is appointed to replace Ken Gregory on the Plumbing TAC. Chairman Browdy thanked Commissioner Langille for agreeing to serve and to Ken for his dedicated/outstanding service.

Frederick Schilling is appointed to fill a vacant seat on the Plumbing TAC. Chairman Browdy thanked Commissioner Schilling for agreeing to serve.


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October 18, 2013

Page 7

 

Chairman’s Discussion Issues and Recommendations (cont.):

 

Appointments to Commission – POCs/TACs (cont.)

 

Product Approval POC

Jay Carlson is appointed to replace John Scherer on the Product Approval POC. Chairman Browdy thanked Commissioner Carlson for agreeing to serve and to John for his dedicated/outstanding service.

David Compton is appointed to the Product Approval POC to fill a vacant seat. Chairman Browdy thanked Commissioner Compton for agreeing to serve.

 

Special Occupancy TAC

Hubert Baxter is appointed to replace Scott Cannard on the Special Occupancy TAC. Chairman Browdy thanked Mr. Baxter for agreeing to serve and to Mr. Cannard for his dedicated/outstanding service.

 

Structural TAC

David Compton is appointed to the Structural TAC to fill a vacant seat. Chairman Browdy thanked Commissioner Compton for agreeing to serve.

 

Swimming Pool TAC

James Batts is appointed to replace Dale Greiner on the Swimming Pool TAC. Chairman Browdy thanked Commissioner Batts for agreeing to serve and to Dale for his dedicated/outstanding service.

 

Commissioner Appreciation:

Resolutions: Commissioners Greiner, Palacios and Scherer:

 

Chairman Browdy stated that on behalf of the Florida Building Commission it was his honor to offer for the Commission’s consideration a Resolution of Appreciation to the following Commissioners for their outstanding service to the State of Florida.  Chairman Browdy read the resolutions.

 

Dale Greiner: Dale represented Code Officials and has served from March 6, 2002 – August 27, 2013. Dale chaired the Energy TAC, served on the Swimming Pool TAC, and served on countless workgroups and ad hoc committees. On behalf of the Commission thank you Dale for your 11.5 years of service to the citizens of Florida. A motion was entered by Commissioner Stone to adopt the Resolution for Commissioner Greiner, Commissioner Calleja seconded the motion and it passed unanimously.

 

Rafael Palacios: Rafael represented Mechanical Engineers and served from November 5, 2008 - August 27, 2013. Rafael chaired the Mechanical TAC.  On behalf of the Commission thank you Rafael for your 4 -1/2 years of service to the citizens of Florida. 


FBC Plenary Session

October 18, 2013

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Commissioner Appreciation:

Resolutions: Commissioners Greiner, Palacios and Scherer:

 

John Scherer: John represented General Contractors and served from June 11, 2009 – August 27, 2013. John chaired the Electrical TAC, served on the Product Approval POC. On behalf of the Commission thank you John for your 4 years of service to the citizens of Florida.

 

A motion was entered by Commissioner to adopt the Resolution for Commissioner Palacios and Commissioner Boyer, Commission Calleja seconded the motion and it passed unanimously.

 

Resolution of Appreciation for Retiring Staff Person Ann Stanton:

Chairman Browdy addressed the Commissioners, announcing Ann Stanton our resident energy expert is retiring after 32 years of outstanding service to the citizens of Florida. Ann Stanton is a senior staff person who has been with the Building Codes and Standards Office since inception and with the Commission since our inception in 1998.  Since the creation of the State Energy Code, Ann has been the lead staff responsible for the Code’s development and maintenance, as well as for providing technical assistance on the Energy Code to consumers and interest groups.  With Ann’s leadership and commitment, Florida through adoption of the statewide Florida Energy Code, has successfully managed one of the most comprehensive and energy efficient codes in the Nation, consistently receiving high marks from the U.S. Department of Energy and in National code studies.  On behalf of the Commission thank you Ann for your hard work and 32 years of outstanding service to the citizens of Florida.  Chairman Browdy stated Ann you will be missed.

 

Mo Madani addressed the Commission on Ann’s valuable contributions and dedication to staff and the Energy Code.  He stated he had worked with her over three decades it has been a rewarding experience working with her and she will be greatly missed.  He stated he also feels she is a great friend and hopes to continue her friendship after her departure.

 

Chairman Browdy then read and presented a resolution of appreciation to Ann.  A motion was entered by Commissioner Calleja and seconded by Commissioner Boyer, the motion passed unanimously.

 

Ann thanked everyone for the kind words, and expressed her appreciation for the recognition.  Ann stated she only wished more people would become passionate on the Energy Code.

 

Commissioner Orientation:

 

Chairman Browdy stated in recognition of the fact that the Commission has recently received 10 new Commissioners and another 7 were appointed within the last year, the Commission will be conducting a session to orient our new Commissioners and to refresh our veterans.  He further stated the Commission (DBPR) staff will review legal and procedural issues including travel, travel reimbursement, ethics and the Sunshine Law with the Commission. Jeff Blair will review the purpose of the various types of committees, procedural issues and the consensus-building process


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October 18, 2013

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Commissioner Orientation (cont.):

 

Mo Madani reviewed the Committees and the functions of each.  In addition, he provided Codes and Standards Office Organization and staff introductions and their responsibilities in the office.  Mr. Madani explained the meeting process of the Commission and the Code updates and time frame used to update the code when required by law.  He provided an update on the current Code update and projected publication date.

 

Jim Richmond provided information to the Commission regarding changes in the Commission and the responsibilities of each.  Jim provided background of the Commission’s move from DCA to DBPR.  He noted there has been excellent support for the Commission from DBPR including from Secretary Lawson, and his staff as well as the legislative support staff.  Mr. Richmond provided introduction information for BCIS website.  He advised that William Marshall would provide them with further information on the site and how it functions.

 

William Marshall from ISF addressed the Commission stating the main goal of his unit is to keep the website up and running properly.  He then guided the Commissioners to the website demonstrating the new slide show providing the purpose; he then showed the calendar listed below the slide show which will allow the user to select dates of upcoming events.  Mr. Marshall stated that by clicking the event, it will allow you to see the details including an agenda with time and call in information or travel information.

 

Jim Richmond expanded on the BCIS and the value it has brought to the Commission.  Mr. Richmond stated that we have great support through the General Counsel’s Office.  He stated that we are now being served by Ms. Hammonds who has really worked hard in learning the process and has done a great job as well as interfacing with the General Counsel’s Office for program implementation. 

 

Mr. Richmond proceeded with information for the new Commissioners on the processing of travel, being under a large organization, he stated there are many expenses that are covered for re-imbursement.  He stated there is a document available and he will send a link for members to review.  Jim covered the basics of travel including per diem, food reimbursement, mileage, car rentals and providing information correctly to the staff for proper processing.

 

April Hammonds, Esq. provided the Commissioners with legal information regarding Ethics, the Sunshine Law and other legal issues.  Ms. Hammonds quoted statutory citations for each aspect of legal requirements of public office or public employees.  She also provided information on filing financial disclosures and penalties for not filing. 

 

Ms. Hammonds advised the Commissioners that an individual has been threating litigation, she advised this caller is stating he is an attorney, however, he is not.  She advised that should they receive a call from an attorney, they should send the call to her.  Ms. Hammonds stated this caller has made threatening statements and they should not speak with him should he call, she advised his name is Prescott Lovern of R & L Associates, Law.  She stated he is not an attorney, should they receive a call from Mr. Lovern, please send the calls to her, do not speak with him.


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October 18, 2013

Page 10

 

Commissioner Orientation (cont.):

 

Chairman Browdy addressed the Commissioners stating that April is available, should they have questions, do not second guess, but contact her for support.  He then turned the floor to Jeff Blair.

 

Jeff Blair introduced himself and provided information to the new Commissioners on his role with the group.  He stated he had sent an e-mail to members with the Commission’s Milestones document as well as the Commission’s Adopted Procedural Policies and Guidelines that will outline in more detail the information provided today.  Jeff then gave background details of the Commission’s procedures and purpose.  He advised how the Governor’s Building Code Study Commission made up of 28 members who met for two years concluded in 1996 with a recommendation for a single statewide building code with an entity called the Florida Building Commission to implement and maintain the Florida Building Code System.  Mr. Blair concluded his review of the Commission’s development and history noting that starting in 1998 the Commission convened and met monthly until progress was sufficient to shift the from meeting every six weeks to finally every two months.

 

Mr. Blair stated that now there are eleven balanced technical advisory committees (TACs) and two program oversight committees (POCs).  He stated one important component of the Commission and member’s representations, is that they are appointed not to represent themselves, not their businesses, but they represent their larger constituent stakeholder groups.  Each member has a responsibility to represent, their interest groups such as, engineers, architects, plumbers, electricians, state agencies, insurance industry, gas industry, building code officials, etc.  Jeff stated each member has a responsibility to think about their decisions and the context of not how it may impact not them individually, but how it affects their industry as a whole.  He stated in addition to the 25 members, the Commission has the Governor’s Chair expressly appointed for the role by the Governor.  The Chair does not represent any particular interest, the Chair represents a neutral body responsible for the fair functioning of meetings and providing important policy guidance to the Commission.  Jeff explained, this is an important distinction since the chair role is an appointed and not an elected position.

 

Mr. Blair explained the Commission’s consensus-building process as fundamental to the function of the Commission.  Jeff noted that stakeholder participants is valued and the public has multiple opportunities to provide comments before the Commission takes any substantive actions..  He stated the Commission strives to achieve if possible 100% consensus where possible.  All Commission decisions require at least 75% in favor for approval, which requires working together to achieve this high threshold for approval.  The exception to the 75% consensus is some of the quasi licensing process such as petitions for declaratory statements, product approvals and accessibility waiver requests require only 51% in favor for approval since they pertain to more legal type processes.   All Commission policy and substantive decisions require a 75% or greater level of support and this holds true for the Commission, the Commission’s TACs, POCs, Workgroups and adhoc committees formed by the Commission.  This requirement is in the relevant statutes and rules.

 

Mr. Blair advised the Commission regarding the various documents available for them to look at and review that will provide history and the processes of the Commission since their inception in 1998. 

 


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October 18, 2013

Page 11

 

Commissioner Orientation (cont.):

 

Mr. Blair stated that he does provide a Facilitator Summary Report along with the minutes of the meetings for the Commissioners.  He advised annually he works with staff to draft the annual report to the Legislature and Governor.  He stated currently the report is on a fiscal year cycle for reporting.  This means the Commission, will receive a summary of issues for inclusion in the Annual Report at the April meeting and a draft report for their approval at the June meeting.

 

Chairman Browdy asked if there were any questions from the Commissioners or if there was any additional information from staff.

 

April Hammonds, Esq. advised that the Commission does use a hybrid form of Roberts Rules, there is a statute that provides there should be public comment on every issue that is heard before the Commission, however, in the rules it does state that the Commission and all Committees use Roberts Rules of Order to make approve motions except where provided in subsection 11 which is in regards to declaratory statements the Commission must follow Chapter 120, F.S. and 28 Florida Administrative Code where it states only a majority of the Commissioners, the other exception is that in all matters we do require 75% super majority.  This is what is called a hybrid of the Rules.  She stated she just wanted to make the clarification.  Ms. Hammonds stated there is one special rule that states that as a Commission, the only motions that you can make are motions to approve and then as Commissioners you can vote them down by rule that states that you may not make motions to deny, this is something that you decide later to look at changing, that is fine, but currently you must follow the rules as they are written now.

 

Chairman Browdy asked if there were any questions from the Commissioners.  There being no questions, the Chairman moved to agenda item number 6, starting with the report from April on the Certification update with the Federal Government.

 

Accessibility Code Certification Update:

 

April Hammonds, Esq. advised that she had good news on the Certification update.  She stated on September 30th, she spoke with the two attorneys, Jonathan Hahm and Naomi Milton with the Department of Justice regarding the Certification process, she stated we are almost in the last stages of certification where the attorneys complete their review.  April stated there was one clarifying question which was simply formatting in nature; they had no issue with the answer to that.  She said the next step will the Attorney’s will consult with the Access Board, and then we will be issued our preliminary certification.  The final step will be when the preliminary certification is issued, the Department of Justice will come to the state and complete a ceremony with the Governor and the public officials involved for a non-controversial public relations opportunity to present us with the official certification.  April stated the letter was September 30th just prior to the Government shut down, so she is not sure exactly when this will take place.

 

Chairman Browdy thanked Ms. Hammonds and asked if there were any questions from the Commissioners on the Accessibility Code Certification.


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October 18, 2013

Page 12

 

Accessibility Code Certification Update (cont.):

 

Commissioner Gross asked if it were the case that we in the State of Florida are the first state that will be GOJ certified.  Ms. Hammonds advised at this time she is not sure, there have been a lot of numerous applications; however, she hopes that we will be the first one finalized.

 

Chairman Browdy asked Commissioner Gross if he had any additional comments. 

 

Commissioner Gross expressed thanks to the staff for the great job, which is shown by the fact that there were very few comments.

 

Accessibility Waiver Applications:

 

Chairman Browdy stated the Commission will now consider this month’s requests for accessibility waivers. April Hammonds will serve as legal counsel and present the Accessibility Advisory Council’s recommendations.  April please present the Councils’ recommendations regarding waiver requests in turn.

 

April Hammonds, Esq. advised that there was not a quorum for the Accessibility Council Meeting.  There were three members present; therefore today you will review the individual recommendations from the Council Members.

 

  Taft Hotel, 1040 Washington Street, Miami Beach

 

            Council Recommended granting for technical infeasibility.

 

            Commissioner Gross entered motion to grant, Commissioner Schock seconded the motion.

            The motion passed unanimously including Chairman.

 

The Alamo Hotel, 4121 Indian Creek, Miami Beach

 

            Council Recommended deferring as there was an issue with receiving the application.

 

            Commissioner Gross entered motion to defer, Commissioner Meyer seconded the motion.

            The motion passed unanimously including Chairman.

 

Volunteer Support Center, 12200 Translation Way, Orlando

 

            Council Recommended granting for disproportionate cost.

 

            Ken Strong, Architect for the company was present, he stated he is the Architect of record

            and was available for questions.

 

            Commissioner Gross entered motion to grant, Commissioner Schiffer seconded the motion.

            The motion passed unanimously including Chairman.


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October 18, 2013

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Accessibility Waiver Applications (cont):

 

Christmas Etc., 1201 Allendale Road, West Palm Beach

Council Recommended granting conditioned on installation of a lift within 3 years.

 

Commissioner Schiffer requested to know if there were drawing presented on the call.

Commissioner Meyer responded, stated they were not able to view drawings, she stated that they are going to make the space accessible and were very committed.

Chairman Browdy stated that he was also on the call and this was a financial hardship issue and not the unwillingness to comply.

Commissioner Compton asked if there were penalties should the company not comply within the three years.

April Hammonds, Esq. advised no there are no penalties only local enforcement.

Chairman Browdy stated the waiver is good for three years from the date of the waiver granting.

 

Commissioner Gross entered motion to grant conditioned on installation of a lift within three years, Commissioner Smith seconded the motion.  The motion passed unanimously including Chairman.

 

South Beach 18 LLC, 235 18 Street, Miami Beach

 

Council Recommended deferring and recommend the project designer participate in the next Council meeting.

 

Commissioner Gross entered motion to defer, Commissioner Schock seconded the motion.  The motion passed unanimously including Chairman.

 

Freshaveli  20 N. E.41 St #3, Miami 

 

Council Recommended denial

 

April Hammonds, Esq. provided background and facts on the waiver request.

 

Manuel Soto, Managing Director of Freshaveli, Inc. provided further information on the waiver request, due to extreme cost of $40,000, actually more to add installation costs, they are renting this property.  By adding the lift it would also affect the business below.  Mr. Soto stated that because they host a barber chair, they were forced to use the business title of Barber Shop.  Mr. Soto advised they are a personal styling service by appointment only as a personal stylist.  Most of the upstairs space is used for storage.  He said they do notify their clients they are located on a second floor building. 

 

Commissioner Gross asked if a disabled person requested their service they would have to go to their residence.


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October 18, 2013

Page 14

 

Accessibility Waiver Applications (cont):

 

Mr. Soto stated yes, they would set up a personal appointment to meet with the client to detail their services.   Chris identified himself as the barber/stylist and owner; he stated he has a lot of clients that are paraplegics, mental handicapped and all walks of life.  He stated there is a large cliental and he does not discriminate against anyone.  Mr. Soto wanted to clear up the issue of not offering services to clients.  He stated again, it is the costs of the process and the effect on the businesses below them. 

 

April Hammonds, Esq. needed clarification of who owned building. 

 

Mr. Soto stated he does not own the building, he owns the business.

 

Commissioner Schock asked if the owner has done any renovations to the building in the last three years.  He then asked if once inside the building it is accessible.

 

Mr. Soto stated yes other than the restroom.

 

Chairman Browdy stated that the restroom would need to be in compliance.

 

Commissioner Schock entered a motion to accept the waiver on the accessibility, complying with the need for restroom accessibility.  He stated he did not feel the tenant should be held responsible for the building owner’s second floor entry.  Commissioner Boyer seconded the motion.

 

Commissioner Meyer asked Mr. Soto if their advertising and web pages alert potential customers of the fact that they do not have vertical accessibility at their location.  She stated that all communications should include this information.

 

Mr. Soto stated they currently only have a phone number with no physical location listed.

 

The motion passed unanimously with the Chairman.

 

Chairman Browdy advised they would receive notice of action within 30 to 60 days.

 

Commissioner Gross spoke on the fact that a quorum was not met which could have detailed the information with better outcome.  He asked if staff could find out how many absences from the meetings and if there is a way to remove if they are not able to serve.

 

Jim Richmond did advise yes and staff would take a look at the process and the last year’s meetings.  He stated that there is a process to follow for these actions, but the research would need to be completed and those members contacted to see why they were not in attendance.


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October 18, 2013

Page 15

 

Consideration of Applications for Product and Entity Approval:

 

Chairman Browdy requested that Commissioner Stone report on the POC’s recommendation for entity approval and consent agenda for products recommended for approval.  He stated Jeff Blair will present the POC’s recommendation for product approvals with discussion and or comments.  Chairman Browdy stated they will start with consent agenda for products recommended for approval and conclude with discussion items.

 

Commissioner Stone stated the POC met via conference call Thursday, October 3rd and a quorum was established.  He stated the Product Oversight Committee unanimously recommended approved of the 101 products on the consent agenda as posted. 

 

Commissioner Stone entered a motion to approve the recommendation of the POC on the consent agenda, motion was seconded by Commissioner Dean.  The motion passed unanimously.

 

Commissioner Stone stated the Program Oversight Committee also recommends approval of the 10 entities as posted on the consent agenda.

 

Commissioner Stone entered a motion to approve the 10 entities on the consent agenda, motion was seconded by Commissioner Dean.  The motion passed unanimously.

 

Commission Stone stated the Committee also discussed and had recommendations on 10 products involving testimony and discussion.  He stated Jeff Blair will guide the Commission through the list.

 

Jeff Blair will introduce the products up for discussion:

 

8700-R-2:  Recommendation from the POC is to recommend conditional approval.

Commissioner Stone entered motion for conditional approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

16398:  Recommendation from the POC for deferral to allow further testing.

Commissioner Stone entered motion for deferral, motion seconded by Commissioner Dean.   The motion passed unanimously.

 

16470:  Recommendation from the POC for conditional approval.

Commissioner Stone entered motion for conditional approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

Jeff Blair then introduced the seven products that received public comment:

 

16128-R-1: Recommendation from the POC for conditional approval.

Commissioner Stone entered motion for conditional approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 


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October 18, 2013

Page 16

 

Consideration of Applications for Product and Entity Approval (cont.):

 

Jeff Blair then introduced the seven products that received public comment (cont.):

 

16404:  Recommendation from the POC for conditional approval.

Commissioner Stone entered motion for conditional approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

16457:  Recommendation from the POC for conditional approval.

Commissioner Stone entered motion for conditional approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

16458: Recommendation from the POC for conditional approval.

Commissioner Stone entered motion for conditional approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

16464:  Recommendation from the POC for conditional approval.

Commissioner Stone entered motion for conditional approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

16465:  Recommendation from the POC for approval.

Commissioner Stone entered motion for approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

16466:  Recommendation from the POC for approval.

Commissioner Stone entered motion for approval, motion seconded by Commissioner Dean.  The motion passed unanimously.

 

Consider Applications for Accreditor and Course Approval:

 

Chairman Browdy requested that Commissioner Dean present the Education POC’s recommendation for accreditor and course approvals.

 

Commissioner Dean provided the following from the Education POC stating there were no accreditor approvals and six course approvals:

 

603.0:  The Education POC recommended approval based on the FBC accreditation process.

 

Commissioner Dean entered a motion to approve, motion seconded by Commissioner Brown.  The motion passed unanimously.

 

616.0:  The Education POC recommended conditional approval.

 

Commissioner Dean entered a motion for conditional approval, motion seconded by Commissioner Boyer.  The motion passed unanimously.


FBC Plenary Session

October 18, 2013

Page 17

 

Consider Applications for Accreditor and Course Approval (cont.):

 

612.0:  The Education POC recommended conditional approval.

 

Commissioner Dean entered a motion for conditional approval, motion seconded by Commissioner Batts.  The motion passed unanimously.

 

621.0:  The Education POC recommended deferral as course is based on 2104 5th Edition.

 

Commissioner Dean entered a motion for deferral, motion seconded by Commissioner Batts.  The motion passed unanimously.

 

622.0:  The Education POC recommended approval based on the FBC accreditation process.

 

Commissioner Dean entered a motion for approval, motion seconded by Commissioner Boyer.  The motion passed unanimously.

 

620.0:  The Education POC recommended approval based on the FBC accreditation process.

 

Commissioner Dean entered a motion for approval, motion seconded by Commissioner Batts.  The motion passed unanimously.

 

Consideration of Legal and Legislative Issues:  Legal Report

 

Chairman Browdy requested April Hammonds provide any legal or legislative issues.

 

April Hammonds, Esq. advised there are no legal or legislative issues in addition to what has already been discussed in the meeting.

 

Commissioner Gross stated that usually in October we start formulating our issues to the Commission for presentation to the legislature and he stated twice the Commission voted to ask for the right to make interpretations of accessibility items.  Jeff Blair advised since we have gone to the fiscal year we will complete this at the April 2014 meeting.  Jim Richmond stated that it was approved the first time and Florida AIA was going to pursue, however they did not, it was submitted.  Jim stated this is not new, and further explained the process.  Commissioner Gross questioned if the Commission made a formal request for this?  Jim explained this has been submitted through the general process.  He provided further background.

 

Chairman Browdy provided background from the last session and the issues that were addressed.

 

Jeff Blair stated this issue would have to be addressed at the next legislative session.


FBC Plenary Session

October 18, 2013

Page 18

 

Petitions for Declaratory Statements:

 

Chairman Browdy asked that legal counsel present the declaratory statements.

 

April Hammonds, Esq. presented the following declaratory statements for action.

 

DS 2013-046  by Sal Delfino of Peterson Aluminum Corp.

Deferred from the August meeting—Petitioner has requested further deferral to provide additional time to amend the petition.

 

Product Approval POC recommendation was to defer.

 

Commissioner Stone entered motion to defer; motion was seconded by Commissioner Boyer.  The motion passed unanimously.

 

DS 2013-065  by Allen Gezelman

 

Mechanical TAC recommended denial of this petition due to lack of information.

 

Commissioner Calleja entered motion to deny, motion was seconded by Commissioner Boyer.  Commissioner Schock asked for clarification of denial vs. dismissal.  The motion passed unanimously.

 

DS 2013-068 by Michael Goolsby of Miami-Dade County Department of Regulatory and Economic Resources

 

Code Administration TAC recommended answering the questions.  Ms. Hammonds expanded on the posture of answering the questions and circumstances presented to the Commission.

 

Ms. Hammonds advised the Commission that it is her legal advice as legal counsel this is not in its current state an answerable petition.

 

Jamie Gaskin on behalf of Miami-Dade County on behalf of Mike Goolsby supporting the TAC recommendation and expanded on the reasoning of questions per declaratory statement request.

Commissioner Schiffer entered a motion to support legal counsel’s advice to dismiss the petition the motion was seconded by Commissioner Gross.  The motion passed unanimously.

 


FBC Plenary Session

October 18, 2013

Page 19

 

Petitions for Declaratory Statements (cont.):

 

DS 2013-075 by Joshua Coberley of EFCO Corporation

 

Product Approval POC recommendation was to

 

Commissioner Stone entered motion to approve the revised response; motion was seconded by Commissioner Gross.  The motion passed unanimously.

 

Commission Funded Research:

 

Chairman Browdy explained that the Commission has been funding hurricane resistance research based on legislatively approved spending authority since the formation of the Commission’s Hurricane Research Advisory Committee in January of 2005.  At the June 2013 meeting the Commission discussed whether to continue funding only hurricane resistance research, or whether to expand the funding of research into other Code related topical areas, and subsequently voted to expand research projects considered for Commission funding based on project recommendations from the Commission’s TACs and POCs. At the Thursday, October 17, 2013 meeting the TAC/POC chairs met for the second time and considered and decided on whether the proposed projects met the definition of “research” and/or “technical enrichment”, and decided that each met the requirements, and recommended them for approval by the Commission for funding. The TAC Chairs’ voted unanimously to recommend that the 6 proposed projects evaluated meet the definition of “research” and/or “technical enrichment”, and to recommend the Commission approve them for funding based on the funding estimates provided and the University of Florida (Engineering School for Sustainable Infrastructure and Environment) administering and overseeing the research, and to charge staff with negotiating contracting as appropriate.

 

Discussion followed among the Commissioners with public comment.

 

Commissioner Stone entered a motion that the 6 proposed projects evaluated meet the definition of “research” and/or “technical enrichment”, and are approved for funding based on the funding estimates provided and the University of Florida’s Engineering School for Sustainable Infrastructure and Environment administering and overseeing the research, and to charge staff with negotiating contracting as appropriate.  The motion was seconded by Commissioner Schock.  The motion passed with a 22 to 0 vote with Commissioner Bahadori abstaining.

 


FBC Plenary Session

October 18, 2013

Page 20

 

Update on Product Approval Administrator RFP:  Update on Product Approval RFP

 

Chairman Browdy explained that the Product Approval POC recommended and the Commission approved proceeding with a Request for Proposals (RFP) to serve as the Product Approval System Administrator for the contract period, beginning January 1, 2014. Chairman Browdy noted there were no responses to the RFP, and the Commission needed to decide how to proceed regarding administration of the Product Approval System beginning January 1, 2014.  The Product Approval POC discussed the issue and provided recommendations for the Commission for proceeding forward. The POC recommended the Commission charge DBPR staff with assuming administration of the Product Approval System, initially working with the current staffing levels, beginning January 1, 2014.

 

Discussion followed among the Commissioners with public comment. 

 

Commissioner Schock entered a motion to charge DBPR staff with assuming administration of the Product Approval System, initially working with the current staffing levels, beginning January 1, 2014, and to conduct an additional rule development workshop on Rule 61G20-3.007 to revise the payment screen as needed to correlate with approved changes in the administration of the Product Approval System.  The motion was seconded by Commissioner Smith.  The motion passed unanimously.

Rule Development Workshop; Rule 61G20-6.002, Commission Approval and Accreditation of Advanced Building Code Training Courses:

 

Chairman Browdy explained that at the August 23, 2013 meeting the Commission approved the Education POC’s recommendation to initiate rule development to adopt changes to paragraphs (e), (g), (h), and (i), contained in Rule 61G20-6.002, F.A.C.  He further stated at the October 18, 2013 meeting the Commission conducted a rule development workshop to receive public comment and to consider the Commission’s Education Program Oversight Committee (POC) recommendations for proceeding with the Rule. The POC recommended that the Commission conduct a supplemental rule development workshop providing time for the POC to work with stakeholders on proposed rule language to address issues pertaining to approving courses that are based on Commission approved changes to the Code that are not yet formally adopted by rule.

 

Discussion, questions and answers followed with public comment from Jack Glenn and Joe Belcher.

Commissioner Dean entered a motion to add a supplemental rules workshop at the December 2013

meeting, to allow time for the Education POC to develop proposed rule language.  Commissioner

Smith seconded the motion.  The motion passed unanimously including the Chairman.


FBC Plenary Session

October 18, 2013

Page 21

 

 

Rule Development Workshop; Rule 61G20-6.002, Commission Approval and Accreditation of Advanced Building Code Training Courses (cont.):

 

A second motion was entered by Commissioner Schiffer to approve the Statement of Estimated Regulatory Costs (SERC) for Rule 61F20-6.002.  The motion was seconded by Commissioner Boyer and passed unanimously including the Chairman.

 

Supplemental Rule Development Workshop, Product Approval, Rules 61G20-3.001, 61G20-3.002 and 61G20-3.007:

 

Chairman Browdy noted that at the August 23, 2013 meeting the Commission voted unanimously to proceed with rule adoption for Product Rules 61G20-3.001 (Scope), and 3.007 (Product Approval by the Commission), and to proceed with rule adoption for Product Rule 3.002 (Definitions) by conducting an additional rule development workshop subsequent to the Structural TAC’s review and recommendations to the POC. He stated the structural TAC met and provided recommendations to the POC who in turn met and developed a recommendation for the Commission. Chairman Browdy further stated the POC agreed with the Structural TAC’s recommendations that a definition is not needed in the Product Approval Rule since relevant definitions are provided in the reference standards adopted in the Florida Building Code, and there are not definitions in the Rule for the other product categories.

 

Chairman Browdy stated that the October 18, 2013 supplemental rule development workshop regarding Product Approval Rules 61G20-3.001 (Scope), 3.002 (Definitions), and 3.007 (Product Approval by the Commission), was to move forward with required changes to the Product Approval System necessary to implement 2013 statutory changes to Section 553.842, F.S., Product Evaluation and Approval, requiring the Commission to initiate rulemaking to create a new category of products for Statewide Product Approval titled: “impact protective systems” (.001 Scope, and .002 Definitions).  He stated that in addition, products submitted for approval by a product evaluation entity (Method 3) will be approved by DBPR using the 10-business day expedited approval process (.007, Product Approval by the Commission).

 

There was discussion among the Commissioners and public comment from Joe Belcher.

 

Commissioner Stone provided information from the POC meeting and the POC’s recommendation

and then entered a motion to proceed with rule adoption for Product Rules 61G20-3.001

(Scope) and Rule 3.002 (Definitions), to approve the Statement of Estimated Regulatory Costs

(SERC), and to conduct a rule adoption hearing only if requested.  The motion was seconded by

Commissioner Boyer and passed unanimously including the Chairman.


FBC Plenary Session

October 18, 2013

Page 22

 

Supplemental Rule Development Workshop, Product Approval, Rules 61G20-3.001, 61G20-3.002 and 61G20-3.007 (cont.):

 

A second motion was entered by Commissioner Stone to conduct a supplemental rule development workshop on Rule 61G20-3.007 to revise the payment screen as needed to correlate with approved changes in the administration of the Product Approval System.  The Motion was seconded by Commissioner Smith and passed unanimously including the Chairman

 

 

Committee Reports and Recommendations:

 

Chairman Browdy requested TAC and POC chairs confine their reports to a brief summary of any key recommendations, emphasizing any issues requiring an action from the Commission. The Chairman requested if the TAC/POC requires Commission action, to frame the needed action in the form of a proposed motion. He stated this will ensure that the Commission understands exactly what the TAC/POC’s are recommending, and the subsequent action requested of the Commission

 

Code Administration Technical Advisory Committee

 

Mo Madani presented the TAC’s report as Commissioner Gonzalez was absent from the Commission Meeting.

 

Commissioner Stone entered a motion to accept the report as submitted, Commissioner Boyer seconded the motion.  The motion passed unanimously with the Chairman voting in favor.

 

 

Education Program Oversight Committee

 

Commissioner Dean presented the POC’s report and recommendations.

 

Commissioner Dean entered a motion to accept the report as submitted.  Commissioner Boyer seconded the motion.  The motion passed unanimously with the Chairman voting in favor.

 

Energy Technical Advisory Committee

 

Mo Madani presented the TAC’s report on behalf of Commissioner Smith.

 

Commissioner Smith entered a motion to accept the report as submitted.  Commissioner Stone seconded the motion.  The motion passed unanimously with the Chairman voting in favor.


FBC Plenary Session

October 18, 2013

Page 23

 

Committee Reports and Recommendations (cont):

 

Mechanical Technical Advisory Committee

 

Commissioner Bassett presented the TAC’s report and recommendations.

 

Commissioner Bassett entered a motion to accept the report as submitted.  Commissioner Smith seconded the motion.  The motion passed unanimously with the Chairman voting in favor.

 

Product Approval Program Oversight Committee

 

Commissioner Stone presented the POC’s report and recommendations.

 

Commissioner Stone entered a motion to accept the report as submitted.  Commissioner Swope seconded the motion.  The motion passed unanimously with the Chairman voting in favor.

 

Commissioner Stone entered a motion to consider any standards determined to be equivalent to product approval compliance standards referenced in the Code, including consideration of FRSA/TRI Florida High Wind Concrete and Clay Tile Installation Manual, Fifth Edition Roof Tile Manual to be an equivalent standard to the FRSA/TRI 07320 Concrete and Clay Roof Tile Installation Manual, Fourth Edition.  Commissioner Swope seconded the motion.  The motion passed unanimously with the Chairman voting in favor.

 

Roofing Technical Advisory Committee

 

Commissioner Scope presented the TAC’s report and recommendations.

 

Commissioner Swope entered a motion to accept the report as submitted.  Commissioner Boyer seconded the motion.  The motion passed unanimously with the Chairman voting in favor.

 

Structural Technical Advisory Committee

 

Commissioner Schock presented the TAC’s report and recommendations.

 

Commissioner Schock entered a motion to accept the report as submitted.  Commissioner Meyer seconded the motion.  The motion passed unanimously with the Chairman voting in favor.

 

TAC Chairs Meeting

 

Chairman Browdy presented the TAC Chairs’ report and recommendations and provided update from meeting held October 17, 2013.

 

Chairman Browdy entered a motion to accept the report as submitted.  Commissioner Schock seconded the motion.  The motion passed unanimously with the Chairman voting in favor.


FBC Plenary Session

October 18, 2013

Page 24

 

Other Commission Action:

 

There were no additional Commission Actions.

 

General Public Comment:

 

Joe Belcher stated he wanted to clarify that he was pleased with the Education POC’s response to entering a motion to revise the Education Rule to allow for approval of coursed based on an un-adopted but approved edition of the Code.

 

Jack Glenn stated it is critical to allow the approval of Education Courses on key changes between editions of the Code, after the Commission approved the modification to the current edition of the Code but prior to the formal completion of the rule adoption process.  He further stated that this allows the six-month window between approval and adoption to be used to provide education before the code becomes effective.

 

Commission Member Comments and Issues:

 

Chairman Browdy advised at this time Commission member may offer general comments or identify any issues or items needed for the next Commission Meeting.

 

Commissioner Frank advised that the rule development on the next edition of the Florida Fire Prevention Code is proceeding with a rule development workshop scheduled for October 25, 2013.

 

Commissioner Bassett stated the he serves on the DSFM’s Fire Code Advisory Council.  He reported that Broward County is proceeding with their e-permitting initiative and once their system is working they intend to make it available to other jurisdictions.

 

Next Commission Meeting Overview and Issues:

 

Chairman Browdy advised that December 12 - 13, 2013 the Commission will be meeting in St. Pete Beach, Florida will continue the Thursday – Friday meeting format, and will focus on routine Commission procedural matters including Chair’s issues and recommendations, updates of the Workplan, product and entity approvals, applications for accreditor and course approvals, petitions for declaratory statements, accessibility waivers, and recommendations from the Commission’s various committees. In addition, the Commission will conduct needed rule development initiatives (e.g., Product Approval and Education Rules).

Adjournment:

 

Chairman Browdy thanked Commissioners and the public for their attendance and participation and requested a motion for adjournment.  Commissioner Schiffer entered motion to adjourn, seconded by Commissioner Stone, motion passed unanimously.  Meeting adjourned at 12:13 pm Friday, October 18, 2013.