Florida Building Commission

January Education POC Meeting Minutes - Draft
 

Telephone Conference Call Number 1-888-808-6959, Access Code:  1967168
In Person Attendance: Room 250L, 2555 Shumard Oak Boulevard, Tallahassee, Florida


January 29, 2010

Time 10:00 a.m. ET

 


POC Members Present: Dick Browdy (Chair), Jon Hamrick, Herminio Gonzalez, Tony Grippa

POC Member(s) Absent: Ken Gregory

 

Meeting Attendees Identified:

 

Sharon Mignardi                              Cam Fentriss                        

Med Kopczynski                              Ila Jones

Alex Kobyrn                                      Larry Schneider                                

John Faranelli                                  Michael Clark

Jack Glenn                                      



Meeting was called to order at 10:16 a.m.  January 29, 2010

 

 

1. Review and approval of the January 2010 Agenda

 

 

Motion: To approve as submitted

Motion: Jon Hamrick

Second:  Herminio Gonzalez

Approved Unanimously

 

 

2. Review and approval of December 2009 Minutes

 

Motion: To approve as submitted

Motion: Jon Hamrick

Second:  Herminio Gonzalez

Approved Unanimously

 

 

 

 

 

 

 

3. Review pending accredited courses for recommendation to the Commission

 

Course: Advanced 2007 FBC Bonding Metal Framing Members

Provider: Jake Leahy’s Electrical Code Connection

Accreditor: BCIC LLC

BCIS Course Number: 403.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Advanced Accessibility Building Code 2010

Provider: Cam Tech School of Construction

Accreditor: BCIC LLC

BCIS Course Number: 395.0

Discussion – Commissioner Hamrick stated that the picture in slide # 23 gives the impression that access to the building is limited and that protruding objects along the sidewalk may also impede access. He also stated that the word “compliant” is so obvious on the slide, that the word itself should be removed as people may get the wrong idea that everything depicted in the picture is indeed compliant, which he felt was not the case.

Sharon Mignardi, the accreditor of record for the course, stated that the picture for the slide was taken at the University of Florida, that the FBC Accessibility TAC had approved this and the other slides, and that she felt that this slide would be beneficial for discussion during this particular course between the instructor and participants, regarding what may or may not be compliant. She further stated that if this slide was changed, that it would also have to be changed by all other providers offering this course. The Chair asked for a motion.

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and also subject to clarification of the picture in slide # 23 regarding accessibility to the building and sidewalk egress, by the instructor during this course offering.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Advanced Florida Accessibility Building Code For Building Construction

Provider: Boss Construction School

Accreditor: BCIC LLC

BCIS Course Number: 404.0

Discussion – Commissioner Hamrick stated that the picture in slide # 14 gives the impression that access to the building is limited and that protruding objects along the sidewalk may also impede access. He also stated that the word “compliant” is so obvious on the slide, that the word itself should be removed as people may get the wrong idea that everything depicted in the picture is indeed compliant, which he felt was not the case.

Sharon Mignardi, the accreditor of record for the course, stated that the picture for the slide was taken at the University of Florida, that the FBC Accessibility TAC had approved this and the other slides, and that she felt that this slide would be beneficial for discussion during this particular course between the instructor and participants regarding what may or may not be compliant. She further stated that if this slide was changed, that it would also have to be changed by all other providers offering this course. The Chair asked for a motion.

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and also subject to clarification of the picture in slide # 14 regarding accessibility to the building and sidewalk egress, by the instructor during this course offering.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Chapter 11, Energy Efficiency

Provider: Florida Air Conditioning Apprenticeship Association

Accreditor: JC Code and Construction Consultants, Inc.

BCIS Course Number: 398.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Online Required Advanced Code 2010

Provider: Palm Construction School, Inc.

Accreditor: JC Code and Construction Consultants, Inc.

BCIS Course Number: 396.0

Discussion – Commissioner Hamrick stated that the language on slide # 63 was incorrect. Specifically, the language stated that “wire glass is not permitted to be used in fire doors”. He says that is not correct and that the correct reference should state that “standard wire glass is not permitted”.

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and on slide # 63, subject to the addition of the word “standard”---to be placed in front of “wire glass not permitted”.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Required Advanced Code 2010

Provider: Palm Construction School, Inc.

Accreditor: JC Code and Construction Consultants, Inc.

BCIS Course Number: 379.0

Discussion – Commissioner Hamrick stated that the language on slide # 63 was incorrect. Specifically, the language stated that “wire glass is not permitted to be used in fire doors”. He says that is not correct and that the correct reference should state that “standard wire glass is not permitted”.

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and on slide # 63, subject to the addition of the word “standard”---to be placed in front of “wire glass not permitted”.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

 

4. Review administratively approved updated advanced courses for recommendation to Commission

 

None pending

 

 

5. Review pending accreditor applications for recommendation to the Commission

 

None pending

 

 

6. Discuss draft rule language to allow self affirmation by providers, for advanced courses requiring minor technical changes, instead of the currently required full accreditation process.

 

The discussion specifics are located below, as part of the Education Administrator’s report.

See “First Draft – Proposed Changes to Rule 9B – 70.002 Relating to Self Affirmation”, and the ensuing conversation specifics noted below it.

 

 

7.  Education Administrator activity report

FBC Education Administrator Report                                                         

A. Provided administrative support for FBC Education POC December 4, 2009 meeting

 

B. Drafted minutes for FBC Education POC December 4, 2009

 

C. Prepared agenda for FBC Education POC meeting on January 29, 2010

 

D. Inquiries from the public from December 4, 2009 to January 26, 2010 as follows:

            22 inquiries:  2 telephone and email; 5 telephone only; 15 email only

Category of inquirers:

            6 Architect                                           9 Providers                  3 Engineer

1 Consumer/general public                2 Contractor                1 Modular inspector

Types of Inquiries:

5 Core                                     7 Provider question(s)

6 Advanced Accessibility        1 Construction lien law

            1 Modular inspection               2 Advance codes

 

E.  Legislation for 2010 session (contact Cam at basfanswers@aol.com for a copy by e-mail):

SB 648 - Relating to Building Safety (Bennett) (this should be “the” building codes bill for 2010 session)
HB 663 - Relating to Building Safety (Aubuchon) (companion to SB 648 above)

SB 266 - Relating to Department of Community Affairs  (Bennett) (shell bill)
SB 268 - Relating to Department of Community Affairs  (Bennett) (shell bill)
SB 270 - Relating to Florida Building Code  (Bennett) (shell bill)
SB 272 - Relating to Florida Building Code  (Bennett) (shell bill)
SB 846 - Relating to Fire Sprinklers  (Bennett)

SB 648 is scheduled for its first hearing on February 2, 2010 in Senate Regulated Industries Committee.  There will be amendments.  Note: there are two provisions in the bill amending sections 481.215 and 481.313, Florida Statutes, to remove the core course requirement.  These changes were made in the 2009 session in HB 425, so what is in SB 648 is wrong and no longer needed.

 

SB 266-272 are “shell” bills meaning they do not contain anything – they simply express legislative intent to change the law on the subject as specified.  These bills are placeholders and may not even be used.  If scheduled for hearing, substantive legislation will be amended onto the bill at its first committee hearing.

 

SB 846 relates to fire sprinklers and amends the Florida Building Code, so more could be added to this bill.

 

F.  First draft of proposed changes to Rule 9B-70.002 for discussion at the end of report. (See Below Item G.)

 

G.  New item – concern about course applications submitted, accreditor selected, and either delayed or no response from the accreditor.  BCIS does not provide a notice to the administrator at this point, and some providers do not follow up (some do not know what to expect). 

 

 

FIRST DRAFT – Proposed changes to Rule 9B-70.002 relating to “self affirmation”

Proposed changes (with additions underlined, deletions stricken through, and in bold) include:

- Correct a reference from (4)(f) to (3)(f)

- Clarify language in subsection (3)(f) relating to accreditation of updated courses

- Add new subsection (3)(g) to allow administrative approval (without accreditation) of a course under any of the following circumstances:

                        - Correct or update a reference

                        - Correct or update a table or diagram

                        - Correct or update a quoted provision of code, law, or administrative rule

Requires listing of the exact change, the specific location of the change, and the reason for the change (correction or update).  With the exception of accreditation, provides for processing of course in the same way as is an updated course (administrative approval, review and approval by Education POC, then ratification by Florida Building Commission).

*- Add new subsection (3)(h) to specify that a change in course format requires accreditation

 

(f) On or before the effective date of changes to the Florida Building Code, providers shall either designate on the Building Code Information System at www.floridabuilding.org that the course is not affected by the code changes or update the existing accredited courses affected by the code changes and submit for accreditation. If the course is not affected by the code changes, the course’s status shall remain active. The code version that initiated the update and reaccreditation process must be noted on the application. Accreditation of revisions to approved accredited courses and courses in alternative formats to approved accredited courses shall be accomplished in the same manner as described in paragraphs (a) through (f) hereof, except that only the revision submitted shall be subject to review and these courses shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission.

(g) If an approved accredited course requires revision to correct or update a reference, table, diagram, or quoted provision of code, law, or administrative rule, the training provider may submit the revised course and complete form [INSERT FORM NUMBER] listing the exact change, the specific location of the change, and reason for the change in the course and affirm this is the only change.  These courses shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission.

(h) A change to the format of an approved accredited course must be submitted for accreditation

Discussion - The Chair stated that the phrase “these courses” in the last sentence of paragraph (g) should be rephrased to say “The changes/modifications to these courses…”.

 

Larry Schneider asked if the word “delivery” could be inserted in front of “format” in paragraph (h)? He stated that he just wanted the concept of “format” to be clear. Cam Fentriss stated that the term “alternative” has been used in the past, but that she would research this.

 

During the ensuing discussion, Sharon Mignardi stated that the Accessibility course she accredited should have been administratively approved. She said that their existed examples of this happening in the past because the content of this course has not changed and that it wasn’t required to be accredited in the past because it was being sold by DCA.

 

The Chair asked the POC if this issue was procedural in nature, or legal?

 

Cam Fentriss suggested that both Sharon Mignardi and Med Kopczenski submit a written request to review this issue regarding the accreditation of the Accessibility course (and under what conditions). This request would then be reviewed by the FBC Counsel, Jim Richmond. If this turns out to be a policy or procedural issue, then it will be discussed by the Education POC as a future agenda item. If it becomes a legal issue, then direction will be sought from counsel.

 

The Chair stated that he also thought that langaguage in paragraph (g) should be more specific, and state that “self affirmation does not apply to substantive changes in the code”. He further stated that self affirmation exists to address updated/changed reference type of information.

 

Sharon Mignardi asked if  courses that end up as self affirmed---would they go through the accreditation process, or a separate process. Cam said that it would be a separate process, much like the administrative approval process.

 

Cam stated that one other issue had occurred, which was that a course was uploaded into the BCIS in October, 2009, to be accredited, an accreditor was chosen, then no action regarding the course was taken by the accreditor and the provider was never notified that no action was taken. Cam suggested that, for example, after a period of 10 days, a notice should be sent to the Education Administrator that no action has been taken on a course. In other words, she is proposing some sort of automatic notification to the Education Administrator, which she stated might require a BCIS enhancement.

 

The Chair stated that a Rule Development Workshop should be scheduled/noticed to occur during April’s FBC Plenary Session, to address the proposed language changes to 9B – 70.002

 

 

8. Identify future POC member discussion items

 

Cam Fentriss will research whether the accreditation and subsequent approval process of the current Accessibility Course is an issue to be handled legally by counsel, or procedurally by the Education POC.

 

John Faranelli asked the Chair if their was anything formal he needed to submit to the POC regarding the changes he needed to make to his courses. The Chair said nothing was required, just make the necessary changes.

 

9. General public comment

 

No public comment was offered.

 

10. Summary and review of meeting work products/action items, assignments, and next steps

 

The Chair issued no other work assignments.

 

Adjourn (Adjourned at 11:03 am.)

Motion: To adjourn

Motion: Jon Hamrick

Second:  Tony Grippa

Approved Unanimously

 

Recommended Commission Actions

The Education POC considered and recommends the following:

 

The following new courses are recommended for approval:

 

Course: Advanced 2007 FBC Bonding Metal Framing Members

Provider: Jake Leahy’s Electrical Code Connection

Accreditor: BCIC LLC

BCIS Course Number: 403.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Advanced Accessibility Building Code 2010

Provider: Cam Tech School of Construction

Accreditor: BCIC LLC

BCIS Course Number: 395.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and also subject to clarification of the picture in slide #23 regarding accessibility to the building and sidewalk egress, by the instructor during this course offering.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Advanced Florida Accessibility Building Code For Building Construction

Provider: Boss Construction School

Accreditor: BCIC LLC

BCIS Course Number: 404.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and also subject to clarification of the picture in slide # 14 regarding accessibility to the building and sidewalk egress, by the instructor during this course offering.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Chapter 11, Energy Efficiency

Provider: Florida Air Conditioning Apprenticeship Association

Accreditor: JC Code and Construction Consultants, Inc.

BCIS Course Number: 398.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Online Required Advanced Code 2010

Provider: Palm Construction School, Inc.

Accreditor: JC Code and Construction Consultants, Inc.

BCIS Course Number: 396.0

Motion Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and on slide # 63, subject to the addition of the word “standard”---to be placed in front of “wire glass not permitted”.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

Course: Required Advanced Code 2010

Provider: Palm Construction School, Inc.

Accreditor: JC Code and Construction Consultants, Inc.

BCIS Course Number: 379.0

Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content, and on slide # 63, subject to the addition of the word “standard”---to be placed in front of “wire glass not permitted”.

Motion: Jon Hamrick

Second: Herminio Gonzalez

Approved Unanimously

 

 

The following courses are recommended for administrative approval:

 

None Pending

 

 

Note: This document is available in alternate formats upon request to the Department of Community Affairs, Codes and Standards, 255 Shumard Oak Blvd., Tallahassee, Fl. 32399, (850) 487-1824.