Meeting Design & Facilitation By
Report By Jeff A. Blair
Florida Conflict Resolution Consortium
Florida State University
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 JULY 11, 2006 MINUTES
TUESDAY, JULY 11, 2006
Agenda Review and Approval
The Commission voted unanimously, 18 - 0 in favor, to approve the agenda as amended. Following are the key agenda items approved for consideration:
· To Consider Regular Procedural Issues: Approval of the May 2, 2006 and June 19, 2006 Minutes and Facilitator’s Summary Reports.
· To Consider/Decide on Accessibility Waiver Applications.
· To Consider/Decide on Legal Issues and Petitions for Declaratory Statements.
· To Consider/Decide on Approval of Products and Product Approval Entities.
· To Consider/Decide on Chair's Discussion Issues/Recommendations.
· To Review and Update the Workplan.
· To Consider/Decide on Accessibility, Administration, Electrical, Energy and Structural Technical Advisory Committees (TACs), Hurricane Research Advisory Committee, Product Approval/Prototype Buildings/Manufactured Buildings and Education Program Oversight Committee (POCs) Reports/Recommendations.
· To receive the Energy Code Work Group Report.
· To receive the Termite Work Group Report.
· To receive the Windows Work Group Report.
· To receive the Product Approval Validation Work Group Report.
· Report on the Energy Code Electrical Requirements Enforcement Forum.
· To Conduct a Supplementary Rule Development Workshop on Rule 9B-3.047 Florida Building Code.
· To Discuss Commissioner Issues.
· To Receive Public Comment.
· To Review Committee Assignments and Issues for the Next Commission meeting—August 22 - 23, 2006 in Miami Lakes.
Amendments to Agenda:
Hurricane Research Advisory Committee report and recommendations.
Review and Approval of the May 2 and June 19, 2006 Meeting Minutes and Facilitator’s Summary Reports
Motion—The Commission voted unanimously, 18 - 0 in favor, to approve the May 2, and
June 19, 2006 Minutes and Facilitator’s Summary Reports as presented.
CHAIR’S DISCUSSION ISSUES AND RECOMMENDATIONS
A. Energy Code Workgroup
Chairman Rodriguez reported that the Energy Code Transition Study Workgroup met on June 22, 2006, and although they would report their recommendations later in the meeting, the Chair indicated that he would respond to two of the Workgroup’s recommendations prior to their Report. The Chair reported that the Workgroup recommended that their scope be expanded to review the IECC code provisions and recommending which, if any, provisions should be adopted into the Florida Building Code. The Chair indicated that he has decided to expand their scope to review the IECC provisions. In addition, Chairman Rodriguez noted that in response to another Workgroup recommendation, that he and DAC staff would be reviewing the Workgroup’s membership to ensure that all of the key interest groups are represented on the Workgroup. The Chair explained that the Energy Workgroup already has 13 members, so he will also have to weigh the Workgroup’s efficiency in relation to expanding membership.
The Chair indicated that he will make additional appointments, if any, before the Workgroup’s next meeting, and that staff will ensure that interested parties are notified of any additional appointments and the date of the next meeting within the next couple of weeks.
B. Garage Door and Shutter Labeling Workgroup
In response to recommendations from the Window Workgroup, the Chair stated that he decided to appoint a Garage Door and Shutter Labeling Workgroup charged with developing recommendations regarding the labeling of garage doors and shutters. As with the Window Labeling Workgroup, the focus for this Workgroup will be to provide building officials, in a field useable format, with the information they need to ensure that garage doors and shutters comply with the Florida Building Code. The Chair indicted that he will make the appointments in the next couple of weeks and the Workgroup will meet in August or September. Anyone interested in being a member of the Workgroup should give Rick Dixon their names.
Chairman Rodriguez stated that at the May 2, 2006 meeting, the Commission voted to adopt the following implementation Schedule for the 2007 Florida Building Code:
Proposed amendments to the 2006 I Codes with Florida amendments due date: 1/1/07
Printed Codes available to the public: 4/1/08
Code Implemented 1/1/09
The Chair explained that since the May meeting, staff has been working with the State Fire Marshal on coordination of the Florida Building Code (FBC) and the Florida Fire Prevention Code (FFPC), which by law must be implemented in 2008. In addition, staff worked with ICC on the Code publication schedule and have a plan where the Code could be available to the public 9 months before the implementation date, as the Commission agreed to at the May meeting, and still be implemented on October 1, 2008 in order to coordinate with the 10/1/08 implementation of the Florida Fire Prevention Code.
The Chair explained that the proposed revised schedule would maintain the amendment submittal date of January 1, 2007, have a Code implementation date of October 1, 2008, and still have the Code available to the public 9 months, instead of the required 6 months, prior to implementation.
The Chair proposed the following implementation schedule for the 2007 FBC:
Proposed amendments to the 2006 I Codes with Florida amendments due date: 1/1/07
Printed Codes available to the public: 1/1/08
Code Implemented 10/1/08
In addition to the 6 months required from when the Code is available to the public and implementation, the Commission is required by law to coordinate the adoption of the FBC with the FFPC. The Chair noted that they have a proposal that will accomplish all of these requirements, as well as maintain the Commission’s decision to have the Code available to the public 9 months before implementation.
Chairman Rodriguez noted that in order to accomplish the proposed amended schedule, the Commission would need two actions. First a motion to amend something previously adopted (requires a 2/3 in favor vote), and second a motion to adopt the amended schedule.
Commission Actions:
Motion—The Commission voted unanimously, 18 - 0 in favor, to amend the action previously
taken on the implementation schedule for the 2007 Florida Building Code.
Motion——The Commission voted unanimously, 18 - 0 in favor, to adopt the amended implementation schedule for the 2007 Florida Building Code, and post the revised schedule to the website. With the following dates:
Proposed amendments to the 2006 I Codes with Florida amendments due date: 1/1/07
Printed Codes available to the public: 1/1/08
Code Implemented 10/1/08
D. Commission Newsletter
The Chair reported that DCA, and Jeffrey Phillips, have been working on a Commission Newsletter, and will have the first edition of what will be a quarterly Commission Newsletter, in September of 2006. On behalf of the Commission, the Chair thanked DCA for organizing and implementing this important vehicle to educate the public on the Commission’s actions.
E. Commissioner Attendance at International Code Council (ICC) Code Hearing
Chairman Rodriguez reported that the next ICC code hearing will be conducted in Orlando on September 17 – 21, 2006. The Chair indicated that this is an opportunity for Commission members to experience the ICC code hearing process, and that Commissioners will be reimbursed for two nights stay at the host hotel. In addition, the Chair noted that staff is in discussions with ICC to waive the registration fee. Interested Commissioners should send Rick Dixon an e-mail prior to the August Commission meeting.
Review and Update of Commission’s Workplan and Meeting Schedule
Commission Actions:
Motion—The Commission voted unanimously, 18 - 0 in favor, to approve the updated workplan and meeting schedule as presented, to reflect the Commission’s priorities.
(Included as Attachment 2—Commission’s Updated Workplan)
Consideration of Accessibility Waiver Applications
The Commission reviewed and decided on the Waiver applications submitted for their consideration.
Consideration of Applications for Product and Entity Approval
Commissioner Carson presented the committee’s recommendations for entities and Jeff Blair
presented the committee’s recommendations for product approvals. The results of product and
entity applications are found in the Product Approval POC report included as an attachment to the
minutes.
Update on Product Approval Revocations and Entry of Final Order if No Hearing Requested
Commission Actions:
Motion—The Commission voted unanimously, 18 - 0 in favor, to approve DCA legal staff’s recommendations for each of the following products:
FL 1033, Alufab Hurricane Shutters
FL 495, Associated Materials, Inc., d/b/a Alside
FL 4592, Flamm Roofing Incorporated
FL 1588, Florida Powder Coating and Shutter, Inc.
FL 1701, Florida Powder Coating and Shutter, Inc.
FL 3473, Weatherguard Building Products, Inc.
Following are the actions taken by the Commission on petitions for declaratory statements.
Second Hearings
There were no second hearings.
First Hearings
DCA06-DEC-094 by James V. Miller, QMI Security Solutions
Motion—The Commission voted unanimously, 19 – 0 in favor, to approve the TAC/POC’s
recommendations on the petition as presented.
DCA06-DEC-120 by Bob Algood, Ice House America, LLC
Motion—The Commission voted unanimously, 19 – 0 in favor, to refer the petition to the local
Appeal board.
DCA06-DEC-130 by Tina M. Neace, Florida Air Designs, Inc.
Motion—The Commission voted unanimously, 18 – 0 in favor, to approve the TAC/POC’s
recommendations on the petition as presented.
DCA06-DEC-131 by Walter M. Hotchkiss, SEA Limited
Motion—The Commission voted unanimously, 18 – 0 in favor, to approve the TAC/POC’s
recommendations on the petition as presented.
Committee Reports and Recommendations
Accessibility TAC
Commissioner Gross presented the Committee’s report, which was accepted unanimously,
19 – 0 in favor. (See Commission Minutes for Committee report)
Commission Actions:
Motion—The Commission voted unanimously, 19 – 0 in favor to charge legal staff with researching what the scope of the TAC should be in light of legislation prohibiting the Commission from interpreting the Accessibility Code..
Code Administration TAC
Commissioner Wiggins presented the Committee’s report, which was accepted unanimously,
19 – 0 in favor. (See Commission Minutes for Committee report)
Electrical TAC
Commissioner McCombs presented the Committee’s report, which was accepted unanimously,
19 – 0 in favor. (See Commission Minutes for Committee report)
Energy TAC
Commissioner Greiner presented the Committee’s report, which was accepted unanimously,
19 – 0 in favor. (See Commission Minutes for Committee report)
Structural TAC
Commissioner Wiggins presented the Committee’s report, which was accepted unanimously,
19 – 0 in favor. (See Commission Minutes for Committee report)
Education POC
Commissioner Browdy presented the Committee’s report, which was accepted unanimously,
17 – 0 in favor. (See Commission Minutes for Committee report)
Commission Actions—Education POC:
Motion—The Commission voted unanimously, 19 – 0 in favor, that all courses must be accredited completely and placed in the BCIS “Pending FBC Action” file, no less than 23 days prior to a Commission meeting, in order to be placed on the Commission agenda.
Motion—The Commission voted unanimously, 19 – 0 in favor, to approve sending two letters to training providers indicating the DCA will not be developing new courses unless authorized to do so under Rule 9B-70, and that all courses previously approved by the Commission that are affected by Code changes must be updated.
Motion—The Commission voted unanimously, 19 – 0 in favor, to initiate rulemaking for Rule 9B-70.001 and 9B-70.002 “the Building Code Training Program”.
Motion—The Commission voted unanimously, 16 – 0 in favor, approve the consent agenda for recommended approval of courses.
Motion—The Commission voted unanimously, 17 – 0 in favor, to approve the consent agenda for recommended approval and updates courses for administrative approvals.
Motion—The Commission voted unanimously, 17 – 0 in favor, approve the second consent agenda for recommended approval of courses.
Motion—The Commission voted unanimously, 17 – 0 in favor, approve the consent agenda for recommended approval of courses with minor changes.
Motion—The Commission voted unanimously, 16 – 0 in favor, approve the consent agenda for deferral of approval of courses.
Motion—The Commission voted unanimously, 17 – 0 in favor, to approve the consent agenda for recommended approval of fact sheets.
(See Commission Minutes for Committee report)
Product Approval/Prototype Building/Manufactured Buildings Programs Oversight Committee (POC)
Commissioner Carson presented the Committee’s report, which was accepted unanimously,
18 – 0 in favor. (See Commission Minutes for Committee report)
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to change the BCIS to rely on the approval/affirmation of the accreditation entity for changing the status of the entities on the system, then to affirm approval at the next Commission meeting.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, that upon an entity renewal or revision, to set the new “Expiration Date” to 1 year from the previous “Expiration Date”, and not 1 year from the “Date of Approval”.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to discontinue editorial revisions and continue the $300 fee for any technical or editorial change made (this action to be implemented at the time when the rule is due for revision). However, the Commission will continue to allow editorial changes for the interim (until the Rule is revised not to allow an editorial change payment option). The system will be enhanced to allow for interaction with Arnold and Associates (i.e., a note can be added under the editorial change to require the applicant to contact Arnold and Associates to determine whether or not the changes are editorial or technical. On the BCIS, this can be done with a warning).
Hurricane Research Advisory Committee
Chairman Rodriguez reported that the HRAC met and reviewed the technical aspects of ARA’s Wind-borne debris criteria for the Florida Panhandle. The Chair noted that ARA reviewed their recommendations with the Committee, public comment was taken, and the Committee discussed the report and recommendations. The HRAC unanimously agreed that an important aspect of ARA’s recommendations is to implement the Phase II recommendation to conduct a research study, with the results serving as the basis for a 2008 Statewide implementation of windspeed/terrain-dependent WBD criteria. The Commission’s decision on the Panhandle windborne debris region designation is an interim step, and the second phase will ensure that the latest science is used as the basis for the windborne debris requirements for the entire State, taking into consideration various terrains and their affects on windspeeds.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the HRAC’s report.
Motion—The Commission voted unanimously, 18 – 0 in favor, to adopt the Hurricane Research Advisory Committee’s recommendation to continue with Phase II of the windborne debris study, as recommended by ARA, including post hurricane assessments of windborne debris damages resulting from any 2006 storms. The recommendation is to conduct a research study, with the results serving as the basis for a 2008 Statewide implementation of windspeed/terrain-dependent WBD criteria.
Energy Code Work Group
The Chair reported that the Energy Code Transition Study Workgroup met in Cocoa on June 22, 2006. The purpose of the Workgroup was to evaluate the Florida Solar Energy Centers FSEC’s comparison and recommendations regarding the Florida Energy Code and the International Energy Conservation Code (IECC). The Workgroup’s charge was to make a recommendation to the Commission on whether to keep the Florida Energy Code as the template, or to adopt the IERC as the template for Florida’s energy code provisions. The Workgroup has developed a consensus recommendation regarding the Florida Energy Code.
Jeff Blair reported that the Workgroup voted unanimously, 12 – 0 in favor, to recommend to the Florida Building Commission, that the Commission maintain the Florida Energy Code, and charge the Workgroup with reviewing the IECC code provisions and developing recommendations on which, if any, provisions should be adopted into the Code. In addition, the Commission seek legislative authority to allow the Commission to adopt the IECC as the foundation code, if the Commission determines it is in the best interest of the State.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the Workgroup’s report.
Motion—The Commission voted unanimously, 18 – 0 in favor, to adopt the Energy Code Transition
Study Workgroup’s recommendation that the Commission maintain the Florida Energy Code, and charge
the Workgroup with reviewing the IECC code provisions and developing recommendations on which,
if any, provisions should be adopted into the Code. In addition, the Commission will seek legislative
authority to allow the Commission to adopt the IECC as the foundation code, if the Commission
determines it is in the best interest of the State.
Termite Work Group
Chairman Rodriguez reported that the Termite Workgroup met in Tampa on May 18, 2006. The scope and purpose of the Workgroup was review a proposed modifications to Section 1816.1 and R320.1of the Code and related definitions, requiring that: “In areas where Formosan termites have been identified, all structural members shall be composed of termite resistant material”, with a corresponding definition of termite resistant material. In addition, the Workgroup considered additional termite related provisions proposed by Workgroup members. The Workgroup has developed consensus recommendations on the Termite provisions of the Florida Building Code.
Jeff Blair reported that the Workgroup voted to make the following recommendations regarding the Termite provisions of the Florida Building Code to the Florida Building Commission:
Recommendations to Approve:
1. The Workgroup voted unanimously, 7 – 0 in favor, to the following proposal in concept, with details to be worked out with the Structural TAC:
If wood treatment (pesticides applied to wood) is used for subterranean termite protection in new construction, wood areas disturbed or added after initial treatment shall be retreated with a wood treatment (pesticides applied to wood).
2. The Workgroup agreed in concept that pipe sleeves should not be used for CPVC, and the issue should be reviewed by the Plumbing TAC. Pipe sleeving in general should also be reviewed for issues of corrosion, insulation, and termite damage, and the Code amended as needed.
Pipe sleeves shall not be used with CPVC, and require non-cellulose-containing material for pipe sleeves.
3. The Workgroup agreed that the Structural TAC should review all noncellulosic materials used in construction (i.e., rigid foam insulation, insulated concrete forms (ICF), for use above and below grade), and develop recommendations to ensure termite protection is provided in the Code.
Recommendations Against Approval:
4. The Workgroup voted 1 – 6 in favor of recommending that the Commission approve the proposed modification to Section 1816.1 and R320.1 of the Code and related definitions, requiring that: “In areas where Formosan termites have been identified, all structural members shall be composed of termite resistant material”, and the corresponding definition of “Termite Resistant Material: Pressure preservatively treated wood, heartwood of redwood, eastern red cedar, concrete, masonry, steel, or other approved material.”
By a vote of 6 – 1, the Workgroup recommends that the Commission not approve this proposed amendment.
5. The Workgroup voted 1 – 6 in favor of AF&PA’s proposal to adopt the IBC termite provisions, with Florida specific amendments.
By a vote of 6 – 1, The Workgroup recommends that the Commission not approve this proposed amendment, in favor of the existing FBC termite provisions.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the Workgroup’s report.
Windows Work Group
The Chair reported that the Window Workgroup met in Tampa on May 31, 2006. The purpose of the Workgroup was to provide recommendations on how to provide building officials with needed information for conducting field inspections to ensure windows comply with the relevant wind pressure Code requirements. In addition, the Workgroup was charged with considering issues related to window installation and water intrusion. The Workgroup has developed consensus recommendations on the window labeling provisions of the Florida Building Code.
Jeff Blair reported that the Workgroup voted to make the following recommendations to the Florida Building Commission regarding the window labeling provisions of the Florida Building Code:
Prescriptive section in the code that would provide anchoring requirements with exceptions for non-standard installations. Manufacturer instructions would provide for override.
Require a Supplemental Label printed by manufacturer, licensed/validated by certification program tied to permanent label, one rating per window, DP, anchor size and spacing, safety glazing detail, and energy rating.
Define “performance characteristics” required on permanent labels in the code.
Limit of one product rating per permanent certification label.
Supplemental labels shall have a standardized template/format.
Standardized template, with specific information found in the same location on the label.
Supplemental label should indicate impact rating.
The energy rating shall be required on the supplemental label.
Require that the certification agency, testing laboratory, evaluation entity or Miami-Dade Product Approval be identified on the permanent and supplemental labels.
The product model/series number should be on the permanent and supplemental label.
FL number or NOA on the supplemental label.
Require the actual size of the window to be on the supplemental label.
Require the glazing thickness to be indicated on the supplemental label.
DP must include positive and negative pressure on supplemental label.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the Workgroup’s report.
Product Approval Validation Work Group Report
Chairman Rodriguez reported that the Product Approval Validation Workgroup met in Tampa on June 1, 2006. The revised scope of the Workgroup was to work with stakeholders to review and develop consensus recommendations regarding the validation requirements/details for each of the four compliance methods, the degree of technical review required for the compliance options, and review the validation requirements for the certification agency compliance method. The Workgroup has developed consensus recommendations on the validation provisions of The Product Approval System (Rule 9B-72 and relevant laws). The Chair explained that the Commission will review the recommendations at the July meeting, and take formal action to adopt recommendations and proceed with rule development at the August Commission meeting.
Jeff Blair reported that the Workgroup voted to make the following recommendations to the Florida Building Commission regarding the validation provisions of the Product Approval System (Rule 9B-72 and/or relevant laws):
1. CERTIFICATION METHOD
· Verify Product Manufacturer’s name on the state application matches that in the Certification program
· Verify all products identified on the state application are listed in the certification program
· Verify Testing Standards on the application and the uploaded Certification Certificate match, and are as certified.
· Verify compliance documentation is current, not expired, suspended or revoked
· Verify Limitations of Use noted on the application are in accordance with the Certification
· Verify Installation Instructions, including anchorage requirements are for the same product performance documented in the uploaded Certification Certificate or that the manufacturer’s licensed design professional has performed this verification.
· Status of certification agency.
· Application lists proper category and subcategory of product.
· The testing standards are as adopted and required by the Florida Building Code.
· The product is properly described.
· The limits of use are included as certified.
· If the documentation indicates that rational analysis was used verify that a Professional Engineer validated the analysis.
Products approved by certification method should have the online form reviewed to insure that the information presented is supported by the certification documents. The review can be done by the certification agency or any approved validation entity (operating within their scope of accreditation, if a test lab). The technical accuracy of the certification is the responsibility of the certification agency.
To the best of my/our knowledge, this application is complete, the items in the checklist above have been verified, and the Certification documentation submitted with this application indicates that the product, method, or system described in this application meets or exceeds the Florida Building Code requirements and reference standards listed in the application.
Allow multiple certification agencies per application provided there is a third party validation of the application.
Only allow certifications for products that have been tested to standards referenced in the Code, do not allow certifications of products that have no test standard(s).
2. EVALUATION REPORT FROM AN ARCHITECT OR ENGINEER
þVerify the evaluator is a Florida Registered Architect or Florida Professional Engineer who has taken the core building code course.
þVerify submission of the evaluator's certification of independence.
þVerify the evaluation report is for the products listed on the application as described on the application and that the products are within the scope of Rule 9B-72.
þVerify that tests reports demonstrating compliance were performed at an accredited, by an approved accreditation body, test lab location.
þVerify that the test reports or rational analysis are required by the Building Code as a component of a product approval for the product category and subcategory.
þVerify that rational analysis demonstrating performance were executed utilizing current code requirements and was not used in lieu of a standardized test required by the Code or that rational analysis was not required.
þVerify that all data, test reports and calculations, are substantiated on the report.
þVerify that the application has the Code sections and reference standards for which the evaluation demonstrates compliance.
þVerify the method of demonstrating compliance indicate any limitations on the use of the product, as intended.
þVerify the manufacturer
installation instructions, including attachment, are provided.
Verify that a quality assurance program audited by a Florida Building
Commission approved third party quality assurance agency is in place.
To the best of my/our knowledge, this application is complete, the items in the checklist above have been verified and reviewed, and the evaluation report submitted with this application indicates that the product, method, or system described in this application meets or exceeds the Florida Building Code requirements and reference standards listed in the application.
Architects and Engineers validating shall sign and seal hardcopy of validation checklist.
Reference should be provided to the relevant Engineer’s Rule(s).
The VALIDATOR must perform a TECHNICAL REVIEW sufficient to determine that the evaluator has complied with acceptable standards of engineering principals”.
And, “the VALIDATOR must provide an engineering verification that the evaluation complies with the code.” Additionally, “a hardcopy of the application, complying with all aspects of the RULE (Florida Board of Professional Engineers adopted Rule 61G15-36, FAC), must be filed with the Florida Building Commission to supplement the online filing”. Evaluations must be signed and sealed.
This applies to Registered Architects as well.
If validation is defined as a technical review, then the evaluation engineer does not need to be and independent third-party from the manufacturer. Manufacturer’s engineer can do the evaluation, provided the engineer is a Florida PE or RA who has taken the core building code course.
3. TEST REPORT
þVerify the test facility is accredited and approved by the Florida Building Commission.
þVerify testing laboratory’s certification of independence.
þVerify the test reports are for the products listed on the application and that the products are within the scope of Rule 9B-72.
þVerify that the test reports for the products are required by the Building Code as a component of a product approval with the proper category and subcategory.
þVerify that all data on the test reports are substantiated.
þVerify the Code sections and reference standards for which the test report demonstrates compliance.
þVerify the method of demonstrating compliance indicate any limitations on the use of the product, as intended.
þVerify the manufacturer installation instructions, including attachment, are provided and as tested.
þVerify that a quality assurance program audited by a Florida Building Commission approved third party quality assurance agency is in place.
þVerify that no rational analysis is conducted under this method. Otherwise must use another compliance method to seek product approval
To the best of my/our knowledge, this application is complete, the items in the checklist above have been verified, and the test report submitted with this application indicates that the product, method, or system described in this application meets or exceeds the Florida Building Code requirements and reference standards listed in the application.
Establish a rule that if the test standard requires rational analysis, the method for demonstrating compliance must be by an evaluation report.
Testing laboratories shall not validate their own test report applications.
Test labs shall not be allowed to conduct validations.
Validation for the test report method should be a technical review to verify that the reported data demonstrates compliance with the Code, and that the correct test was done.
þVerify the Evaluation Entity is an approved entity.
þVerify submission of the evaluator's certification of independence.
þVerify the evaluation report is for the products listed on the application as described on the application and that the products are within the scope of Rule 9B-72.
þVerify that the test reports referenced for the products are required by the Building Code as a component of a product approval for the product category and subcategory.
þVerify that rational analysis referenced demonstrating performance were executed utilizing current code requirements and was not used in lieu of a standardized test required by the Code or that rational analysis was not required.
þVerify that all data, test reports and calculations, are substantiated on the report.
þVerify the Code sections and reference standards for which the evaluation demonstrates compliance.
þVerify the method of demonstrating compliance indicate any limitations on the use of the product, as intended.
þVerify the manufacturer installation instructions, including attachment, are provided.
þVerify that a quality
assurance program audited by a Florida Building Commission approved third party
quality assurance agency is in place.
To the best of my/our knowledge, this application is complete, the items in the checklist above have been verified, and the evaluation report submitted with this application indicates that the product, method, or system described in this application meets or exceeds the Florida Building Code requirements and reference standards listed in the application.
For evaluation reports issued by an approved evaluation entity, the certificate of independence is not required for each application.
5. OPTIONS FOR ALL (4) COMPLIANCE METHODS
Validator shall retain all documentation on application (test reports, calculations, samples, etc.) for the time required by Florida law for documents retention of public documents, or for as long as a product is approved based on their validation, whichever is longer.
POC shall be proactive and discuss the referral to licensing boards and accreditation entities complaints on improper evaluations and validations.
A mandatory training program for validator(s), and require validator(s) to be accountable for their mistakes when not complying with the requirements in Rule 9B-72, shall be established.
Providing a system of accountability regarding the validator (i.e., certification or a contract with the validator).
Penalties for validators that incorrectly validate applications shall be developed.
Time limits for State approval of products shall be established.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the Workgroup’s report.
Report on Energy Code Electrical Requirements Enforcement Forum
The Chair reported that the Forum on Energy Code Electrical Requirements Enforcement was convened to review concerns and discuss issues related to implementation of Energy Code electrical requirements from an enforcement perspective. The issue is to enhance education and awareness of the Florida Energy Efficiency Code for Building Construction and electrical load management. These requirements were adopted over 15 years ago, and it appears that some regions of the State have not been enforcing the provisions.
Jeff Blair reported that attendees identified the following issues and options:
Issues
Education and training.
Enforcement and inspections including reviewing their authorities.
Design professionals involvement.
Ideas to Implement
Building Code Education and Outreach Council needs to be involved and address.
FES and BOAF needs to be contacted.
Include in the UF needs study regarding education issues.
FBC/DCA letter to building departments reminding them they are required to enforce the Energy Code and the electrical provisions of the Energy Code.
Website notifications regarding requirements to enforce Energy Code and electrical provisions of the Energy Code.
Develop training materials/classes on the subject(s).
Education and training initiatives should be designed and implemented.
Inspectors qualifications and authorities to enforce should be reviewed and addressed.
Design professionals need to be educated and include provisions in their designs.
The participants recommended that the Commission charge DCA staff with developing a workplan to implement the education and outreach recommendations for enforcing the Energy Code’s electrical provisions.
Commission Actions:
Motion—The Commission voted unanimously, 18 – 0 in favor, to accept the Forum report.
Motion—The Commission voted unanimously, 18 – 0 in favor, to charge DCA staff with developing a workplan to implement the education and outreach recommendations for enforcing the Energy Code’s electrical provisions.
(Included as Attachment 3—Energy Forum Report)
Supplementary Rule Development Workshop on Rule 9B-3.047 Florida Building Code
Chairman Rodriguez reported that at the February 2006 meeting, the Commission voted unanimously to consider only amendments related to hurricane provisions, glitch, and standards updates and correlation issues, during the 2006 annual interim amendment process—2006 Glitch Amendments. At the March 2006 meeting, the Commission voted unanimously to adopt the proposed Glitch Code Amendment review process. At the May 2006 meeting the Commission conducted a rule development workshop to consider and decide on the TAC’s recommendations regarding glitch code (2006 annual interim amendments) amendments. The Commission’s approved amendments for the glitch cycle have been posted to the website for public review.
In addition, at the June 2006 meeting, the Commission approved a windborne debris region designation for the Florida Panhandle and rolled the Panhandle Windborne Debris Region designation into the Florida Building Code glitch cycle.
Today, the Commission is conducting a second supplemental rule development workshop
in order to solicit additional public comment on the glitch cycle code amendments.
At the August meeting, the Commission will conduct a rule adoption hearing and proceed with rule adoption for glitch cycle code amendments. The implementation date for glitch amendments—other than the Panhandle Windborne Debris Region definition which by law is 6 months after adoption—is December 1, 2006.
During the rule development workshop the Commission considered public comment on specific amendments, reviewed written comments on specific amendments, and then considered action on each of the individual amendments pulled off of the consent agenda.
At the conclusion of considering public and written comments on the Commission’s adopted package of 2006 annual interim amendments, the Commission took the following action:
Commission Actions:
Motion—The Commission voted unanimously, 17 – 0 in favor, to proceed with rule adoption for Rule 9B-3.047, the Florida Building Code Rule, integrating and noticing the approved changes.
Commission Member Comment/Issues
Chairman Rodriguez invited members of the Commission to address the Commission.
Commissioner Bassett commented on screen enclosures regarding the use of master plans and design manuals with approved criteria, that could be approved in a manner similar to prototype building approvals.
Commissioner Norkunas stated that he would be addressing the Commission at the August meeting regarding binding interpretation and accessibility waivers.
Commission Member Agenda Items
Chairman Rodriguez invited Commission members to propose issues for the Commission’s next (July 2006) meeting.
Bassett: screen porch enclosure prototype type approvals.
Norkunas: accessibility issues regarding binding interpretations and waivers.
General Public Comment
Chairman Rodriguez invited members of the public to address the Commission on any issues under the Commission’s purview.
One member of the public addressed the Commission.
Adjourn
The Commission voted unanimously, 17 – 0 in favor, to adjourn the meeting at approximately 6:30 PM.
· Post revised 2007 Code update schedule to the website.
· Develop a workplan to implement the education and outreach recommendations for enforcing the Energy Code’s electrical provisions.
ATTACHMENT 1
MEETING EVALUATION RESULTS
July 11, 2006—Hollywood, 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.
9.41 The background information was very useful.
8.94 The agenda packet was very useful.
9.53 The objectives for the meeting were stated at the outset.
9.29 Overall, the objectives of the meeting were fully achieved.
9.18 Accessibility Waiver Applications.
9.71 Requests for Declaratory Statements.
9.65 Approval of Products and Product Approval Entities.
9.76 Chairs Issues and Recommendations.
9.71 Commission’s Workplan and Meeting Schedule Update.
9.65 TAC and POC Reports and Recommendations.
9.65 Hurricane Research Advisory Committee’s Report and Recommendations.
9.65 Energy Code Workgroup’s Report and Recommendations.
9.65 Termite Workgroup’s Report and Recommendations.
9.65 Windows Workgroup Report and Recommendations.
9.71 Product Approval Validation Workgroup’s Report and Recommendations.
9.65 Energy Code Electrical Requirements Enforcement Forum Report.
9.65 Supplementary Rule Development Workshop on Rule 9B-3.047 Florida Building Code.
9.67 The members followed the direction of the Facilitator.
9.67 The Facilitator made sure the concerns of all members were heard.
9.58 The Facilitator helped us arrange our time well.
9.61 Participant input was documented accurately.
3. What is your level of satisfaction with the meeting?
9.47 Overall, I am very satisfied with the meeting.
9.82 I was very satisfied with the services provided by the Facilitator.
9.47 I am satisfied with the outcome of the meeting.
4. What progress did you make?
9.65 I know what the next steps following this meeting will be.
9.76 I know who is responsible for the next steps.
5. Member’s Written Evaluation Comments.
· The Commission works. Chairman Rodriguez is a very calming and comforting voice for all we (the Commission) serve.
· Congratulations to Jeff Blair for running a great meeting as facilitator.
· Excellent meeting.
· There was insufficient time allocated for this Commission meeting. Input from the public should have been factored in for the Panhandle Windborne Debris Region issue.
· It was extremely hard to review the agenda packet ahead of time.
· Please provide coffee for meetings.
· The meeting room was just right.
· Beautiful facility, would love to come back.
· The facility was great.
· Nice venue, a nice change.
· The sound system was very bad.
ATTACHMENT 2
COMMISSION’S UPDATED WORKPAN AND MEETING SCHEDULE
(Adopted Unanimously July 11, 2006)
2006
January 23, 24 & 25 TACs Tampa Embassy Suites
February 6 & 7 Cmsn Orlando Rosen Plaza
March 20,21 & 22 Cmsn Tampa Embassy Suites
May 1, 2, 3 & 4 Cmsn Orlando Sheraton Safari
June 19 Cmsn Destin Sandestin Beach Resort
July 10, 11 &12 Cmsn Ft Lauderdale Seminole Hard Rock Hotel & Casino
August 21, 22 & 23 Cmsn Miami Don Shula
October 9, 10 & 11 Cmsn Tampa Embassy Suites
December 4, 5 & 6 Cmsn Tampa Embassy Suites
Note: Based on experience developing the 2004 FBC, TAC meetings are scheduled separately from the Commission meeting for January 2006 and March 2007 to review proposed Code amendments for the Glitch Cycle and 2007 FBC Update respectively. Commission meetings are set for 2 weeks after those TAC meetings. This scheduling was established to avoid a week long Commission meetings and to avoid meetings in back to back weeks.
2007
February 5, 6 & 7 Cmsn Tampa Embassy Suites, USF
March 12, 13, 14 & 15 TACs St Augustine Casa Monica Hotel
March 26, 27 & 28 Cmsn St Augustine Casa Monica Hotel
May 7, 8 & 9 Cmsn Tampa Embassy Suites, USF
June 25,26 & 27 Cmsn Miami Lakes Don Shula Hotel
August 20, 21 & 22 Cmsn Tampa Embassy Suites, USF
October 8, 9 & 10 Cmsn Tampa Embassy Suites, USF
December 3, 4 & 5 Cmsn Orlando Doubletree Hotel, Universal
2008
January 28,29 & 30 Cmsn
March 17, 18 & 19 Cmsn
May 5, 6 & 7 Cmsn
June 23, 24 & 25 Cmsn
August 25, 26 & 27 Cmsn
October 13, 14 & 15 Cmsn
December 8, 9 & 10 Cmsn
FLORIDA BUILDING COMMISSION 200 WORKPLAN
(A. – H. Ranked by Commission Survey; 1 - Other Tasks)
2005 Tasks Carried Forward:
A. Amend Product Approval Rule 9B-72, 2004
Rule implemented 1/01/06
Updated website implementing the revised rule replaces previous site 2/27/06
Note: Applications will not be accepted between January 1 and February 13
1. Hurricane Damage Investigations
2005 Hurricanes
Staff report to HRAC on damages of Hurricane Dennis 8/22/05
Reports to HRAC by Miami-Dade, Broward and Palm Beach Counties
on damages of Hurricane Wilma 12/7/05
Identification of research needs 3/21/06
3. Recommendations for Report to 2006 Legislature
Consider preliminary recommendations to Legislature 10/12/05
Approve recommendations to Legislature 12/07/05
Report transmitted to Legislature 2/08/06
6. 2004 FBC Glitch Amendments/2006 Annual Interim Amendments:
Amendment submittal cutoff 12/1/05
Post on website (45 days minimum) 12/2/05
TAC’s consider proposals to develop recommendations 1/23-26/06
1/30-31/06
2/1/06
Appoint Correlation Committee to Assist Staff 2/07/06
Post TAC recommendations on website (45 days min) 2/15/06
Commission considers in Rule Development Workshop (RDW) 5/2-3/06
Commission meeting in the panhandle on Panhandle WBD region 6/19
Supplemental RDW on Panhandle WBD region designation 7/12/06
Rule adoption hearing (if requested) and filing with DOS authorized 8/23/06
Effective date of glitch amendments (Rule requires min 3 mo after adoption) 12/1/06
Effective date of Panhandle Wind Borne Debris region designation 3/1/07
(Note: Law requires 6 month delay between adoption and implementation)
10. Florida Building Code System Review and Triennial Report to the Legislature
Florida Conflict Resolution Consortium On-line Survey Aug & Sept 2005
On-line Survey due date Sept. 9, 2005
Present preliminary survey results to Commission October 2005
Convene Workgroup Aug 2005
Public input hearing Aug 2005
Workgroup meeting 10/11/05
Workgroup meeting 11/16/05
Workgroup’s recommendations to the Commission 12/07/05
Commission recommendations to Legislature (first triennial report) See Task 3
11. Revise Rule 9B-3.004 to Allow Alternates for Committee Members
Rule development workshop 8/06
Rule adoption hearing 10/06
Rule effective 1/07
12. 2007 Update to the Florida Building Code – 2007 FBC
Code Amendment Process Review Work Group Recommendation:
Design of Update Process Apr-May 06
2006 International Codes published and available to the public 3/1/06
Supplement version of 2006 FBC amendments available 9/1/06
Replacement pages version of 2006 FBC amendments available 11/1/06
Joint Fire TAC/Fire Code Advisory Council review 2006 I Codes to 10/06
2008 FFPC
Correlation committee review of Florida specific amendments overlap with 10/06
2006 I Codes
Proposed amendments to the 2006 I Codes with Florida amendments due date 1/1/07
Florida Specific amendment overlaps with 2006 I Codes, local amendments 1/1/07
and 2008 FFPC correlation submitted as amendment proposals by staff
Proposed amendments posted to the Web by (45 day min before TAC review) 1/15/07
Commission selects 2006 I Codes as foundation for 2007 FBC 10/11/06
45 day comment period ends 2/28/07
TACs review proposed Florida amendments, current Florida amendments
and current Local amendments and make recommendations 3/12-15/07
TAC recommendations posted to web (45 day min before Commission review) 4/13/07
45 day comment period ends 5/27/07
Commission considers TAC recommendations on proposed amendments
via a Rule Development Workshop 6/26&27/07
Rule Adoption Hearing 8/22/07
File Rule adopting the 2007 FBC 9/14/07
Printed Codes available to the public 4/1/08
Code implemented 1/1/09
(Note: Law requires the Commission not select a new edition of the base codes for updating the FBC earlier than 6 months after they are in print and available to the public and the updated FBC not be implemented until 6 months after publication.)
2007 Update to the Florida Building Code
Design of Update Process Apr-May 06
2006 International Codes published and available to the public 3/1/06
Supplement version of 2006 FBC amendments available 9/106
Replacement pages version of 2006 FBC amendments available 11/1/06
Joint Fire TAC/Fire Code Advisory Council review of I Codes changes to 10/06
FFPC conducted
Correlation committee review of Florida specific amendments overlap 10/06
With 2006 I Codes
(Provide 1st set of changes to ICC consisting of non-overlap Florida 11/06
Specific changes as identified by staff).
Proposed amendments to the 2006 I Codes with Florida amendments due date 1/1/07
Florida Specific amendment overlaps with 2006 I Codes, local amendments 1/1/07
and 2008 FFPC correlation submitted amendments proposals by staff
Proposed amendments posted to the Web by (45 day min before TAC review) 1/15/07
Commission selects 2006 I Codes as foundation for 2007 FBC 10/11/06
45 day comment period ends 2/28/07
(Note: 2006 I Codes must be available to public for 6 months prior to selection)
TACs review proposed Florida amendments, current Florida amendments
and current Local amendments and make recommendations 3/12-15/07
TAC recommendations posted to web (45 day min before Commission review) 4/13/07
45 day comment period ends 5/27/07
(Provide 2nd set of changes to ICC consisting of changes as approved by the 5/27/07
TACs)
Commission considers TAC recommendations on proposed amendments
via a Rule Development Workshop 6/26&27/07
(Provide 3nd set of changes to ICC. This set will consist of changes made to 7/27/07
those provided in the 2nd set above. Level of changes will range
from 5 to 10%.
Rule Adoption Hearing 8/22/07
File Rule adopting the 2007 FBC 9/14/07
Printed Codes available to the public 1/1/08
Code implemented (6 months from publishing to web) 10/1/08
Printed 2007 Codes available to the public 1/1/08
Code implemented 10/1/08
Rule development workshop 6/25/08
Rule adoption hearing 8/27/08
File Rule and post Supplement to website 9/5/08
Glitch Rule effective 9/27/08
2007 FBC effective 10/1/08
(Note: Expedited Glitch Amendment authority pending passage of legislation 2006.)
14. Panhandle Hurricane Ivan Study
Workshop in Panhandle to review studies 9/13/05
Commission approved consensus recommendation from workshop
to conduct Panhandle windborne debris study 10/12/05
Hire contractor to conduct Panhandle windborne debris study
Phase I (study initiation data development for models) 10/05
Obtain budget amendment 11/05
Initiate Phase II (modify models and conduct simulations) 12/05
Commission receives preliminary report from researchers 2/07/06
Public hearing and decide recommendation to Legislature at 2/07/06
Commission meeting
Meeting with Panhandle Building Officials 2/16/06
Recommendation to the Legislature (In Annual Report) 2/24/06
Contractor preliminary report presentation on study at Commission meeting 3/22/06
Contractor presentation on study at Commission meeting 5/3/06
Special Commission meeting and contractor presentation in Panhandle 6/19
HRAC considers recommendation for Phase II 7/11/06
Contractor final report due 7/30/06
Initiate amendment of Code as directed by 2006 Legislature See Task 6.
15. Exposure Category C Study
Assign to Hurricane Research Advisory Committee 8/24/05
Committee considers at meeting 12/07/05
Recommendations to Commission 12/07/05
Commission decides to have Structural TAC review 12/07/06
Structural TAC reports to Commission 2/07/06
Public hearing and Commission decides on recommendation to Legislature 2/07/06
Recommendation to the Legislature (Addenda to Annual Report) 2/24/06
2006 Legislature removes Exposure C definition from law 7/1/06
New definition considered at supplementary rule workshop for 2006 Amends 7/11/06
19. Standards for Hospice Facilities
Standards development by ACHA Jul-Nov 2005
Proposed Code Amendments considered in glitch amendment process (See Task 6)
NEW 2006 TASKS:
1. Establish Legislative Liaison Process
Chairman establishes process for 2006 Legislative session 2/07/06
Telephone calls throughout session 3/13/06
4/03/06
4/17/06
2. Develop and Implement an Accelerated Revocation Process for Noncompliant Product and Entity Approvals
POC take public comment and begin discussion 3/06
Recommendation to Commission 7/06
3. Review and Address Code Administration Needs of Local Governments and Measures to Improve Uniform and Effective Enforcement of the Code
Assessment survey 7/06
Report to Code Administration TAC 10/06
Code Administration TAC Review and Develop Recommendations 10/06-12/06
Recommendations to Commission 12/06
4. Develop Product Validation Criteria for Methods of Demonstrating Compliance with Code
Meeting 2/7/06
Meeting 5/3&4/06
Meeting 6/1/06
Recommendations to Commission 7/11/06
5. Develop Window Labeling and Default Installation Criteria
Appoint Work Group 2/22/06
Meeting 5/31/06
Meeting TBD
Recommendation to HRAC and Commission 7/11/06
6. Evaluate Termite Protection Requirements
Appoint Workgroup 3/06
Meeting 5/17/06
Recommendations to Commission 7/11/06
7. Evaluate Code Update, Amendment, Interpretation and Coordination with FFPC and with Model Base Codes Editions
Appoint Workgroup 3/22/06
Meeting on 2007 FBC Update 4/19/06
Recommendation to Commission 5/3/06
Annual Interim Amendment Assessment 4/06-6/06
Report to WG (on assessment) 7/12/06
WG Meeting 7/12/06
WG Meeting TBD 7/12
Recommendation to Commission 8/23/06
Public Hearing on the Recommendation 8/23/06
Finalize Recommendations for Report to Legislature 10/11/06
8. Assess Transition to IECC as Base for Florida Energy Code
Appoint Workgroup 2/22/06
Hire Consultant to develop code comparisons 3/06
Meeting 6/22/06
Meeting TBD
Recommendation to Commission 7/11
9. 2006 Legislature’s Assignments
See Task 14 on Panhandle WBD issue above
2005 Legislature Directed Tasks
Florida Building Code Amendments:
Expedited Code Amendment
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)
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:
* 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)]
* 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.]
* Add design and construction related facility licensing requirements for Hospice Facilities. [HB 189]
ATTACHMENT 3
FORUM ON ENFORCEMENT OF ENERGY CODE LOAD MANAGEMENT REQUIREMENTS REPORT
FBC Section 13-413 Electric Power
Load management for peak and off-peak demand (usage and cost).
Fans regarding cfm’s for HVAC systems.
Other motors regarding rpm’s and electrical consumption (i.e., elevators).
FBC Section 13-415 Lighting (including several glitch amendments)
Two methods: building area method (by building type), or space-by-space method (code prescribes lighting based on space types).
States shall certify that the state code is equal to or greater than ASHRAE Standard 90.1-1999.
Florida’s Energy Code has been certified and accepted by DOE.
The ASHRAE 90.1 Standard is under continual maintenance. States must comply with updates.
Education and training.
Enforcement and inspections including reviewing their authorities.
Design professionals involvement.
Building Code Education and Outreach Council needs to be involved and address.
FES and BOAF needs to be contacted.
Include in the UF needs study regarding education issues.
FBC/DCA letter to building departments reminding them they are required to enforce the Energy Code and the electrical provisions of the Energy Code.
Website notifications regarding requirements to enforce Energy Code and electrical provisions of the Energy Code.
Develop training materials/classes on the subject(s).
Education and training initiatives should be designed and implemented.
Inspectors qualifications and authorities to enforce should be reviewed and addressed.
Design professionals need to be educated and include provisions in their designs.
Requested Action of the Commission:
Motion to charge DCA staff with developing a workplan to implement the education and outreach recommendations for enforcing the Energy Code’s electrical provisions.