FLORIDA BUILDING COMMISSION

Tradewinds Island Grand

5500 Gulf Boulevard

St. Petersburg Beach, Florida  33706

Plenary Session

August 22, 2014

8:30 AM

 

COMMISSIONERS PRESENT:

 

Dick Browdy, Chairman                                             Jeff Gross

James Batts                                                                 Robert Hamberger

Donald Brown                                                                        Brian Langille

Oscar Calleja                                                               Darrell Phillips

Jay Carlson                                                                  Bradley W. Schiffer

David Compton                                                          Frederick Schilling

Nan Dean                                                                    Jim Schock

Kevin Flanagan                                                           Brian Swope

Charles Frank                                                              Tim Tolbert

David Gilson                                                  

 

COMMISSIONERS NOT PRESENT:

 

Hamid Bahadori                                                         Steve Bassett

Bob Boyer                                                                   Beth Meyer

Drew Smith                                                                 Jeff Stone       

                       

OTHERS PRESENT:

.

Jim Richmond                                                             Chris Burgwald

Mo Madani                                                                 April Hammonds

Robert Benbow                                                           Jim Hammers

 

 

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

August 22, 2014

Page 2

 

Welcome:

 

Time:  8:30 am

 

Chairman Browdy welcomed Commissioners, staff, and members of the public to St. Petersburg Beach and the August 22, 2014 plenary session of the Florida Building Commission.  He stated that 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 August meeting is to conduct scheduled rule initiatives, and  to discuss Commission funded research projects for fiscal year 2014-2015.

 

Chairman Browdy advised members of the public 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. He stated 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).  Chairman Browdy sated if a member of the public would like 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. He advised that public input is welcome, but should be offered before there is a formal motion on the floor. Chairman Browdy asked that all participants and members of the audience keep all electronic devices turned off or in a silent mode. Thank you for your cooperation.

 

Chairman Browdy stated that there are also buff colored “Public Comment Forms” on the speakers’ table that can be used to provide written comments. All written comments will be included in the Facilitator’s Summary Report. Please give your completed “Public Comment Forms” to Jeff Blair.  He advised 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.


FBC Plenary Session

August 22, 2014

Page 3

 

Roll Call:

 

Chairman Browdy performed roll call, a quorum was met with nineteen 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 June 20,

2014 Facilitator’s Summary Report and Meeting Minutes.

 

 

Chairman Browdy requested a motion to approve the August 22, 2014 agenda as presented.  A motion was entered by Commissioner Schock and seconded by Commissioner Schilling, the motion passed unanimously.


FBC Plenary Session

August 22, 2014

Page 4

 

Approval of the June 20, 2014 Facilitator’s Summary Report and Meeting Minutes:

 

Chairman Browdy requested a motion to approve the June 20, 2014 Facilitator’s Summary Report and Meeting Minutes.

 

Commissioner Schiffer entered a Motion to approve the June 20, 2014 Facilitator’s Summary Report and Meeting Minutes.  Commissioner Flanagan seconded the Motion.  The Motion passed unanimously.

 

Chairman’s Discussion Issues and Recommendations:

 

Appointments:

 

Chairman Browdy thanked departing members for their dedicated/outstanding service.  And thanked new members for agreeing to serve.

 

Chairman Browdy announced he has appointed Joe Hetzel to the Structural TAC and thanked Joe for agreeing to serve.

 

Chairman Browdy advised that since the Building Officials Association of Florida (BOAF) is unwilling to subject itself to all of the restrictions and conditions that must be imposed pursuant to the binding interpretation process adopted in Section 553.775 (3.)(c), F.S., and there was no legislation on the issue during the 2014 Legislative Session, he is appointing an Interim Binding Interpretation Panel so that the Commission can meet its statutory mandate to hear binding interpretations. He further stated that at the June 2014 meeting the Commission approved a recommendation to the 2015 Legislature requesting that unless a stakeholder group proposes statutory changes to resolve BOAF’s concerns, the Commission recommends that this authority be repealed. In the interim, the Commission will maintain the process as it must be lawfully implemented by the Commission. Chairman Browdy stated that we have proposed a panel of experienced building code administrators from geographically diverse regions of Florida.   He stated the following are the appointments:

 

1. George Wiggins, Chair, City of Winter Park - Chairman

2. Anthony C. Apfelbeck, Altamonte Springs

3. John Barrios, City of Tampa

4. Wayne Eseltine, City of Sebastian

5. Ted Fowler, City of Cooper City

6. John Travers, Monroe County

7. William Weeks, City of Pensacola

8. Howard White, St. Johns County


FBC Plenary Session

August 22, 2014

Page 5

 

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

 

After a brief discussion among the Commission, Chairman Browdy asked for a motion to approve the formation of the Interim Binding Interpretations Panel and the appointment of the eight members for the panel.

 

Commissioner Schock entered a motion to approve the formation of the Interim Binding Interpretations Panel and the appointment of the eight members for the panel.  Commissioner Tolbert seconded the motion, it passed unanimously.

 

Appreciation for Ila Jones:

 

Ila Jones has retired as the Codes and Standards Section administrator after 14 years of dedicated

and outstanding service to the Commission, DCA/DBPR, and the citizens of Florida. I would like to read and have the Commission unanimously adopt the proposed resolution of appreciation for Ila.

 

WHEREAS, the Florida Building Commission was constituted by the Florida Legislature with members appointed by the Governor to develop and maintain the Florida Building Code System;

and

WHEREAS, Ila Jones served for 14 years as the administrator of the Codes and Standards Section which provides staff support to the Commission;

and

WHEREAS, Ila Jones possessed unparalleled skill at navigating the complex processes of State government, such as its budgeting processes, its procurement practices and its personnel policies; and applied that skill to fulfill the Commission’s directions and otherwise for the benefit of the Florida Building Commission to the greatest extent possible;

and

WHEREAS, Ila Jones’ skill together with her familiarity with the Department of Business and Professional Regulations, its personnel and its processes represented a particularly valuable asset to the Commission during its transfer to the Department;

and

WHEREAS, Ila Jones contributions to the Commission’s mission related to development and implementation of the Building Code Information System will be appreciated for years to come; and

WHEREAS, on July 1, 2014, Ila Jones began enjoying her retirement;

and

THEREFORE, BE IT RESOLVED, that the Florida Building Commission at its public meeting held in Saint Petersburg Beach, Florida voted unanimously to express their appreciation and respect for the outstanding dedication, public service, integrity and commitment to the citizens of Florida demonstrated by Ila Jones.

 


FBC Plenary Session

August 22, 2014

Page 6

 

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

 

 

Appreciation for Ila Jones (cont.):

 

Commissioner Schiffer entered a motion to adopt the resolution of appreciation for Ila Jones’ Service.  Commissioner Schilling seconded the motion, the motion passed unanimously.

 

Accessibility Waiver Applications:

 

Chairman Browdy 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. He then asked April please present the Councils’ recommendations regarding waiver requests in turn.

 

Kappa Delta Sorority House, 555 West Jefferson Street, Tallahassee Council recommended denial.

 

Commissioner Schock entered a motion to accept the Council Members recommendation to deny waiver.  Commissioner Batts seconded the motion.  The motion passed unanimously.

 

Epic Theatres, Lot Adjacent to HH Gregg, 8380 Merchants Way, JacksonvilleCouncil recommended granting the waiver to the extent that a waiver is necessary.

 

Commissioner Batts entered a motion to accept the Council Members recommendation to grant the waiver to the extent that a waiver is necessary.  Commissioner Schock seconded the motion.  The motion passed unanimously.

 

The Temple House, 1415 Euclid Avenue, Miami BeachCouncil recommended granting the waiver based on technical infeasibility.

 

Commissioner Brown entered a motion to accept the Council Members recommendation to grant based on technical infeasibility.  Commissioner Tolbert seconded the motion.  Discussion was held among the Commissioners.  The motion passed with a vote of 18 for and 1 against.

 

Alpha Gamma Delta Porch Enclosure, 517 West Park Avenue, TallahasseeCouncil recommended deferral to allow participation from the Sorority.

 

Commissioner Batts entered a motion to accept the Council Members recommendation to defer allowing participation from the Sorority.  Commissioner Carlson seconded the motion.  The motion passed unanimously


FBC Plenary Session

August 22, 2014

Page 7

 

Accessibility Waiver Applications (Cont.):

 

Venezia Hotel, 3865 Indian Creek Drive, Miami Beach - Council recommended deferral to allow for further information.

 

Commissioner Phillips entered a motion to accept the Council Members recommendation to defer to allow for further information.  Commissioner Schock seconded the motion.  The motion passed unanimously

 

Honda of Port Charlotte, 1252 Tamiami Trail, Port CharlotteCouncil recommended denial based on no criteria to grant.

 

Commissioner Schock entered a motion to accept the Council Members recommendation to deny waiver.  Commissioner Schilling seconded the motion.  The motion passed unanimously.

 

Ave Maria University Press Box, 4811 Kelleher Street, Ave MariaCouncil recommended granting the waiver based on unnecessary hardship due to the size of the press boxes.

 

Commissioner Schiffer entered a motion to accept the Council Members recommendation to grant the waiver based on unnecessary hardship due to the size of the press boxes.  Commissioner Batts seconded the motion.  The motion passed unanimously.

 

Collins Park Hotel, 2000 Park Avenue and 2035 Washington Avenue, Miami BeachCouncil recommended granting waiver based on historic nature and technical infeasibility.

 

Commissioner Batts entered a motion to accept the Council Members recommendation to grant based on historic nature and technical infeasibility.  Commissioner Carlson seconded the motion.  The motion passed unanimously.

 

DeVine Wine and Grill, 15 Alafaya Woods Boulevard, Suite 117, Oviedo -  Council recommended granting waiver based on disproportionate cost.

 

Commissioner Batts entered a motion to accept the Council Members recommendation to grant based on disproportionate cost..  Commissioner Carlson seconded the motion.  Discussion was held among the Commissioners.  The motion passed with a vote of 16 for and 3 against.

 

Polk State College Center for Public Safety, 1251 Jim Keene Boulevard, Winter Haven - Council recommended denial.

 

Commissioner Carlson entered a motion to accept the Council Members recommendation to deny waiver.  Commissioner Batts seconded the motion.  The motion passed unanimously.

 


FBC Plenary Session

August 22, 2014

Page 8

 

 

Applications for Product and Entity Approval :

 

Chairman Browdy stated that Jeff Blair will present DBPR staff’s recommendations for entity approvals and the consent agenda for products recommended for approval, and DBPR staff’s recommendations for product approvals with discussion and/or comments.  He said that Jeff will start with the consent agenda followed by entity approval applications, and conclude with discussion items.  Chairman Browdy advised that Jeff Blair will now present the applications on the consent agenda and entity approval applications.

 

Jeff Blair advised  the POC recommends that the Commission approve the consent agenda as it was modified by the POC with the removal of  product 17091 for individual consideration.

 

Commissioner Compton entered motion to approve the recommendation by the POC.  Commissioner Dean seconded the motion, the motion passed unanimously.

 

Mr. Blair advised for the first time ever there are no entity applications.

 

Mr. Blair advised that the Commission will now be reviewing the recommendations on the nine applications with comments.

 

16839 - Commissioner Compton entered motion to conditionally approve as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 

17035 - Commissioner Compton entered motion to conditionally approve as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 

17055 - Commissioner Compton entered motion to conditionally approve as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 

17090 - Commissioner Compton entered motion to approve as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 

17091 - Commissioner Compton entered motion to conditionally approve as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 

17092 - Commissioner Compton entered motion to conditionally approve as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 

17106 - Commissioner Compton entered motion to defer as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 


FBC Plenary Session

August 22, 2014

Page 9

 

Applications for Product Entity Approval (cont.):

 

17108 - Commissioner Compton entered motion to conditionally approve as recommended by the POC; Commissioner Dean seconded the motion passed unanimously.

 

There was a request for public comment on this product as there was no request for this action.

 

Chairman Browdy apologized and stated he would ask for a reconsideration of the motion to allow for public comment on product 17106.

 

Commissioner Gross entered a motion to reconsider product 17106.  The motion was seconded by Commissioner Schilling.  The motion passed unanimously.

 

Chairman Browdy stated the Commissioner would now hear the reconsideration of 17106 where our previous action was to defer based on the recommendation of the POC.  He then asked for public comments.

 

Jeff Arneson, Structural Engineer, P.E., Quick Ties asked that he attend the meeting on behalf of some outstanding public comments that were discussed previously at the POC meeting.  He stated that it seems to him that the primary comment that is still pending for the state of deferral is regarding the corrosive protection of the cable.  Mr. Arneson further stated the evidence that was submitted at the POC meeting was not even for the cable that is being applied for this application.  He said it does not seem to be technically significant to the matter to the questioning of the validity of this comment to create a deferral status for this application.

 

April Hammonds, Esq. stated that there was representative present on the POC call from Quick Tie, it was not Mr. Grundel.  She stated he had a representative on the line who based on the comments that were there and he had some responses that Quick Tie would like to make, he was presented and offered a deferral and he accepted and decided he would waive the 90 requirement and accepted the deferral and that was the recommendation of the POC.

 

Randy Shackelford, Simpson Strong-Tie, stated that he was the cause of the confusion; he said he submitted the comment and he has submitted three comments in the original time.  Mr. Shackelford further stated they stand behind the original three comments namely an unjustified point 75 reduction fastener was taken, the wrong standard was used and also the cable does not meet the required corrosion requirements.  He further stated they did go and take pictures of some cables, but what they did not understand was that the evaluation report testing and calculations were based on the old product.  He said however, the new product the name was changed slightly and they did not notice that change, and apologized they made a slight error in one part of one of their comments.  Mr. Shackelford again stated they stand behind all three comments.  He said also to confirm their opinion on the .75 factor they contacted a member of the ASC 7 Wind Committee and not only did he agree with them, he pointed out a reduction……


FBC Plenary Session

August 22, 2014

Page 10

 

Applications for Product Entity Approval (cont.):

 

 

April Hammonds, Esq. asked Chairman Browdy to allow her to interrupt due to legal reasons.  She stated the whole reason that the POC and Mr. Lawless, she believed was the representative for Quick Tie on the POC call was that the Quick Tie wanted an opportunity to respond to the comments made by this gentlemen.  She further stated this gentlemen is again making these comments here today after there has already been a deferral or agreement of a deferral by the Company at issue, so for Mr. Shackelford to continue to make his comments when the actual applicant has not present their comments today would be inappropriate.

 

Chairman Browdy stated typically the venue to hear these technical arguments based on merits or lack of merits of a particular product are best held at the POC level where people who have expertise specifically can evaluate the validity of those comments and can make a recommendation back to the Commission.  He asked for any further additional public comment.

 

Mr. Shackelford stated no further comment; he supports the POC and TAC.

 

Lesley Davidson, Quick Tie, she said she is a licensed and registered professional engineer in the State of Florida.  She stated they do understand that Mr. Shackelford and Simpson Strong-Tie are competitor has made comments, however, the product they made comments and photographs along with the technical evaluation report they submitted were for an incorrect product.  Ms. Davidson stated this is a new product with a different application, a different technical evaluation report and different material properties with different corrosive protections.

 

Chairman Browdy asked the Commission if they had questions of the individuals who made public comment relative to this product.

 

Commissioner Compton stated that he wanted to disclose that Ms. Davidson was a former employee of his employer current.  He stated one reason the POC did the deferral was to be able to, we had comments given last minute, the night before or morning of the meeting and the deferral was to allow time to review.  He said he believe it was sometime on Wednesday they received an e-mail from Quick Tie or the representative with some comments or rebuttal comments to those comments.  Commissioner Compton stated being honest he has looked at them briefly, but has not had time to fully review.  He further stated we keep getting comments that are last minute not allowing time to properly vent them.

 

Commissioner Gilson stated the primary concern that is driving that, is that Quick Tie is trying to drive home that they are submitting information for the wrong product, so is it technically significant and should it be considered in this forum.


 

FBC Plenary Session

August 22, 2014

Page 11

 

Applications for Product Entity Approval (cont.):

 

Chairman Browdy stated Mo Madani can offer comments on how one makes a determination of the validity of an argument as it relates to this product.

 

Mr. Madani wanted to specify that the comments came at the end late in the process; they were not for the product being considered.  He said he wanted to confirm that.

 

Jim Richmond advised that the Commission is not acting on those technical aspects on the dispute at this point, which is the whole reason for the deferral.  He stated all that is before the Commission today is recommendation of that it be deferred and that recommendation from the POC was based on the consent of the representative of your company.  He further stated the Commission is not acting on the technical aspects; we are giving time to the POC to evaluate the different sides and come up with a recommendation for the October Commission Meeting.

 

Lesley Davidson asked that she be allowed to respond to that comment.  She stated that their product was listed as recommended for approval at the POC, but due to these 7:30 pm comments that were not technically relevant but were allowed they were deferred with no alternative.  Ms. Davidson asked if this could be opened up for approval today.

 

Ms. Hammonds stated that is not a correct statement, she stated there is always an alternative.  She said someone has to waive their 90 day requirement, by law.  She further stated in fact Mr. Blair made it clear that it was not a requirement that the person waive the 90 days and be deferred; the person had the option to continue forward that day.

 

Ms. Davidson thanked her for the clarification, as the audio did not appear to come out that way.

 

Ms. Hammonds stated she disagreed, but that is fine.

 

Chairman Browdy advised on product 17106 there was a recommendation from the TAC for a deferral and you have now heard public comments.  He asked if there were comments from the Commission.

 

Commissioner Gilson asked if they do not go forward with the deferral, what would happen.

 

Chairman Browdy stated they would vote down the deferral and there would be no action on the product, or there could be another motion to approve or deny the product.


FBC Plenary Session

August 22, 2014

Page 12

 

Applications for Product Entity Approval (cont.):

 

Ms. Hammonds stated they were trying to give Quick Tie opportunity to respond to the comments and allow time for response.  She said if no action is taken under 90 deemer clause, the product would be approved.  She further stated that there is a representative from the company and there is a representative speaking today and if they feel they sent the wrong representative that would be a company issue.  Ms. Hammonds stated there are different people here today and we still do not have Mr. Kurt Grundel here, but their representative waived the 90 days and accepted the deferral which allows the company ample time to respond to the comments from Mr. Shackelford.

 

Ms. Davidson asked to be allowed to respond to Ms. Hammonds comments.  She stated Mr. Madani advised Kurt Grundel, who works on Quick Ties behalf to respond and they did respond to each counsel and Committee Chair and Commissioner, they should have received an e-mail addressing the comments even though they were on the wrong product. 

 

Ms. Hammonds stated exactly that will be heard at the next meeting that allow time for review and response to each question.

 

Commissioner Brown stated he read the e-mail and he feels prior to this it was recommended for approval and the last minute information came in that was deemed not creditable information, we have made a step forward rather that at the beginning.  He further stated he has a concern without laying blame; some third party has come in and thrown a wrench in the system to slow this process down.

 

Mr. Richmond stated we do have competing issues.  He said there is a concern with the use or abusive of the product approval system with competitors in the industry.  He further stated we have had these cross complaints and food fights before.  Mr. Richmond advised that is clearly something we need to be aware of and attempt to prevent.  He said how you prevent that has balance on the fact that we need to apply this product approval system to ultimately protect the consumer.  He said there cannot say we will not listen to a competitor regarding a competitor’s product.  He further stated they could have legitimate, creditable and vital information that needs to be heard.  He advised there is not blanket rule in existence and whether or not the Commission would consider one would be another topic for discussion.  Mr. Richmond stated another competing interest here is the role of our Committees in this process and the Chairman alluded to it, the Committees are the place for the technical issues to be hashed out.  He further stated these could have been hashed out at the POC meeting the other day, we can accept public comment on the conference calls as well as in person, so the comments that are being taken exception to now could have been delivered by anyone on the phone call and often are.  He said the POC was in a position that it could have acted on the product and could have handled more deliberation, however there was an agreement to defer the product and based on that agreement, they brought that recommendation to the Commission.  Mr. Richmond stated the biggest competing interest is

FBC Plenary Session

August 22, 2014

Page 13

 

Applications for Product Entity Approval (cont.):

 

to allow the Committees to handle the debates and let them apply their particular expertise in a forum designed to make those recommendations and determinations vs the concern of the use and abuse of the system by competitors.

 

Mr. Blair stated to clarify the POC members are all Commissioner Members, so the POC members are here.  He said the Chairman are not, but what happened at the meeting, once the information was presented, the POC thought they needed more time to evaluate this and gave the applicant the choice would you like for us to make a decision today and take a risk of where we might land or you could take a deferral and the applicant chose understanding they were not required to take a deferral, they could have the POC make a recommendation of approval, denial or conditional approval, it was a choice made by the applicant voluntarily waive the 90 days and accept the deferral.

 

Commissioner Compton, added that the comments that were put forward they were some additional that were not part of the inaccurate information, so there are some outstanding comments.

 

Commissioner Schock stated while sympatric to the product manufacturer, with what Commission Compton said, he would entered a motion to accept the recommendation of the POC for product 17106 to defer to allow time for further review.  Commissioner Batts seconded the motion.  The motion passed unanimously.

 

Chairman Browdy asked for the remaining product.

 

Jeff Blair introduced the last product and asked for public comment.

 

Jamie Gascon, Miami-Dade County stated this product is not identifying the connection spacing as tested on the documents, so the protocol that was used to test these products requires that the fastenings be performed at twelve inches on center and therefore if it was tested at greater spacing that should be identified on the product approval in the documents being presented today.  He said if that were the case the protocol would still require you to space them at twelve inches on center, however, if you tested them closed than twelve inches on center, that means you used more fasteners than the test, that should be conveyed that these performance the pressures, product performance was achieved with a tighter fastener spacing..  He further stated the discussion at the POC was this may not be necessary the protocol and the engineer would be able to perform the calculations at time of permit.  Jamie said they stand the manner in which the product was tested should be listed in the approval.  He further said the approval should include this information to assist building officials and inspectors can use when needed.


FBC Plenary Session

August 22, 2014

Page 14

 

Applications for Product Entity Approval (cont.):

 

Commissioner Compton asked Mr. Gascon if he was aware of how testing was completed.

 

Mr. Gascon stated this information is not available for viewing online.

 

17116 - Commissioner Compton entered motion to conditionally approve on the identification and specification of spacing used.   Commissioner Schock seconded the motion passed unanimously.

 

Applications for Accreditor and Course Approval:

 

Chairman Browdy advised that the Education POC did not have a quorum and conducted no business, and as a result there are no POC recommendations regarding course applications. He stated the Commission will decide on course applications without the Education POC’s recommendations.  Commissioner Nan Dean will present the course applications will provide recommendations as needed.

 

Commissioner Dean provided the following Advanced Accredited Courses for consideration.

 

646.0 – Commissioner Dean entered a motion to conditionally approve, Commissioner Flanagan seconded the motion, the motion passed unanimously.

 

645.0 - Commissioner Dean entered a motion to approve, Commissioner Flanagan seconded the motion, the motion passed unanimously.

 

Commissioner Dean advised the Commission that there were no Administratively Approved Updated Courses.

 

Commissioner Dean provided the following Administratively Approved Self-Affirmed Courses for consideration.

 

508.0- Commissioner Dean entered a motion to approve; Commissioner Flanagan seconded the motion, the motion passed unanimously.

 

528.0- Commissioner Dean entered a motion to approve; Commissioner Flanagan seconded the motion, the motion passed unanimously.


FBC Plenary Session

August 22, 2014

Page 15

 

Applications for Accreditor and Course Approval (cont.):

 

263.2- Commissioner Dean entered a motion to approve; Commissioner Flanagan seconded the motion, the motion passed unanimously.

 

474.0 – Commissioner Dean entered a motion to conditionally approve, Commissioner Flanagan seconded the motion, the motion passed unanimously.

 

Petitions for Declaratory Statement:  Legal Report

 

Chairman Browdy asked April Hammonds, Legal Counsel for the Commission if there were any other legal issues or legislative issues in addition to the declaratory statement requests.

 

Ms. Hammonds stated there were no legal issues to discuss.

 

Chairman Browdy requested that Ms. Hammonds present the declaratory statements.

 

DS2014-066 by Edward Rojas of the City of Doral  -

 

Ms. Hammonds read the petition from Mr. Edward Rojas with response.

 

Commissioner Batts entered a motion to accept the staff recommendation, Plumbing TAC with modifications and legal recommendation.  Commissioner Schilling seconded the motion, the motion passed unanimously.

 

DS-2014-075 by Sprague Owings of Marion County Building Department

 

Ms. Hammonds read the petition from Mr. Sprague Owings with response.

 

Commissioner Flanagan entered a motion to accept the staff recommendation, Electrical TAC with modifications, Energy TAC with modifications and legal recommendation.  Commissioner Calleja seconded the motion, the motion passed unanimously.

 

DS 2014-083 by Eric Neilinger of Fire Alarm Systems and Security Inc.

 

Ms. Hammonds read the petition from Mr. Eric Neilinger with response.

 

Commissioner Calleja entered a motion to accept the staff recommendation to dismiss due to general applicability, Fire TAC and legal recommendation.  Commissioner Flanagan seconded the motion, the motion passed unanimously.

 


FBC Plenary Session

August 22, 2014

Page 16

 

Petitions for Declaratory Statement:  Legal Report

 

DS 2014-084 by Gary Kozan of Ridgeway Plumbing Inc.

 

Ms. Hammonds read the petition from Mr. Gary Kozan with response.

 

Commissioner Schilling entered a motion to accept the staff recommendation, Plumbing TAC and legal recommendation.  Commissioner Calleja seconded the motion, the motion passed unanimously.

 

DS2014-086 by Joe Hetzel of DASMA

 

Ms. Hammonds read the petition from Mr. Joe Hetzel with response.

 

Chairman Browdy asked of the Structural TAC, if you install a flood port that has some type of butterfly so that it is not continuously open would that change the circumstances or the issues raised in the declaratory statement?

 

Commissioner Schock stated he did not think so the issue is so much the transfer of air but the structural integrity of the door itself.

 

Commissioner Compton stated he would agree that it would affect the structure of the door.

 

Commissioner Schock entered a motion to accept the staff recommendation, Structural TAC and legal recommendation.  Commissioner Compton seconded the motion, the motion passed unanimously.

 

DS2014-089 by T.A. Krebs of Architect T.A. Krebs, LLC.

 

Ms. Hammonds read the petition from Mr. T.A. Krebs with response.

 

Commissioner Schiffer entered a motion to accept the staff recommendation, Code Administration TAC and legal recommendation.  Commissioner Brown seconded the motion, the motion passed unanimously.

 


FBC Plenary Session

August 22, 2014

Page 17

 

Research Projects, FY 2014-2015, TAC Chairman Committee Report:

 

Chairman Browdy advised 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. He stated at the August 2013 meeting the Commission voted to expand the funding of research projects to topics beyond the scope of hurricane resistance research and to fund research into other Code related topical areas based on recommendations from the Commission’s TACs and POCs. Chairman Browdy advised for fiscal year 2014 -2015 the TACs and POCs met during the summer to discuss research needs and developed recommendations for the Commission’s consideration. He further stated that subsequently the TAC chairs met yesterday and developed recommendations for the Commission’s consideration during today’s meeting. Chairman Browdy advised that Jeff Blair who facilitated our TAC Chairs Meeting yesterday will review the TAC Chairs report and recommendations regarding the funding of research projects relevant to the Florida Building Code System for fiscal year 2014 -2015.

 

Jeff Blair advised the Commission that first he will present a report and allow the Commission to accept the report and then the Commission will be able to move on the funding.  He said this will require two separate votes.

 

Mr. Blair stated the TAC Chairs met August 21, 2014; they reviewed fourteen proposed projects, one of which required no funding and one that is a yearly funding allocation for hurricane damage investigation that is prefunded out of the funding dollars.  He said that left twelve projects to evaluate for funding.

 

Mr. Blair stated the TAC chairs were asked to evaluate these remaining twelve projects on the basis of three criteria and if they met those three criteria for funding they would go to the next level to be prioritized for funding.  Jeff said the three criteria for funding were: 1.) definition of research and/or technical enrichment, 2.) urgency/immediacy, and 3.) funding available (full or partial).  He advised this was what the TAC chairs used for the process and voted that the following 7 projects met the criteria and remained for funding:

 

Mr. Blair advised that 7 projects meeting the criteria for funding required $502,917 to fully fund them, and there is $346,477 available for funding (after funding project #13: hurricane damage investigation), leaving a funding deficit of $156,440 for the full funding of the 7 projects.

 

Mr. Blair stated that the TAC Chairs performed a 10 point ranking exercise of those 7 projects from the highest priority (urgent) down to the lowest.  He said once completed they voted on full funding or partial funding for each.  He advised the following was the list of 7 projects listed in priority order and funding that was allocated on each by the TAC Chairs.

 


FBC Plenary Session

August 22, 2014

Page 18

 

Research Projects, FY 2014-2015, TAC Chairman Committee Report (cont.):

 

1.      Project #5: Impact of Spray Foam Insulation on Durability of Plywood and OSB Roof Decks.

Recommended for full funding: $90,092

2.      Project #6: Investigation of corrosion of fasteners for both roofing and screen enclosures.

Recommended for full funding: $85,030

3.      Project #9: Structural wood panels – Study catenary loads and develop equations for designer, design for CMU and brick veneers and opening.  Recommended for full funding: $67,049

4.      Project #1: Investigation of the Effectiveness and Failure Rates of Whole-house Mechanical Ventilation Systems in Florida.  Recommended for partial funding: $45,000 with staff to negotiate the scoping to ensure project has applied applications.

5.      Project # 8: Screen enclosures – Characterization of mechanical resistance of connection details and pressure loading in boundary layer wind tunnel including full-scale testing.  Recommended for partial funding: $30,000, with the $53,523 funding already committed to investigations of buildings damaged by hurricanes (provided yearly in case of hurricane damage) applied to the project if the funding is not needed for hurricane damage investigation for 2014.

6.      Project #2: Developing Exhaust Air Energy Recovery Credits for the Florida Energy Code.

Recommended for partial funding: remainder or available funding ~$29,306

7.      Project #4: Phase II an Assessment of Energy Efficient Methods of Indoor Humidity Control in Florida Housing.  No funding allocated for this project.

 

Mr. Blair advised the TAC Chairs recommend the Commission approve funding the research projects for fiscal year 2014-2015 as recommended by the TAC chairs on the basis that the proposed projects evaluated meet the three criteria for funding: 1.) definition of research and/or technical enrichment, 2.) urgency/immediacy, and needed for the 2014 FBC, and 3.) funding available (full or partial), and should  be approved for funding based on the funding levels recommended by the TAC chairs, and staff administering and overseeing the research, and negotiating contracting as appropriate.

 

Chairman Browdy advised the length of meeting for the TAC Chairs and the list of presentations given during the meeting bringing forth recommendations to the full Commission.


FBC Plenary Session

August 22, 2014

Page 19

 

Research Projects, FY 2014-2015, TAC Chairman Committee Report (cont.):

 

Chairman Browdy asked for a motion to accept the report.

 

Commissioner Phillips entered a motion to accept the TAC Chairs report.  The motion was entered by Commissioner Schock, the motion passed unanimously.

 

Chairman Browdy asked for a motion to accept the funding recommendations for FY 2014-2015 by the TAC Chairs on basis they meet the three criteria of funding and they are approved for funding based on the recommendation and staff administering and overseeing the research to be charge with negotiating contracting as appropriate.

 

Commissioner Swope entered a motion to accept the funding recommendations for FY 2014-2015 by the TAC Chairs on basis they meet the three criteria of funding and they are approved for funding based on the recommendation and staff administering and overseeing the research to be charge with negotiating contracting as appropriate.  The motion was seconded by Commissioner Schock.

 

Commissioner Calleja stated that the allocations prioritizing, there were no Chairs present at the meeting for Mechanical or Energy and he feels they were left behind.  He asked if there is a way to allocate the resources to make it more open or larger view.

 

Chairman Browdy stated there was an advocacy for the projects in question.  He did advise Commissioner Smith nor Commission Bassett were present at the meeting.  He said the meeting was opened and everyone was noticed and there was ample opportunity to allow input.  Chairman Browdy stated the ranking system was very fair based on the information guidelines provided.

 

Commissioner Flanagan addressed the Commission advising how important this meeting had been and the experience was valuable.  He said he felt the meeting overall went very well with a fair process.  He encouraged all members to attend when they can.

 

Commissioner Gross stated he echoed the importance of this meeting and it is difficult, and he feels that in a perfect world they would make every code change on facts and science, unfortunately it can’t be done.  He stated he would like to see this expand and secure more funds, try to establish a foundation to secure more funds.

 

Commissioner Schiffer asked if the TAC Chair s were not there would that have affected the voting.

 

Mr. Blair no it would have had a large impact in the overall ranking.

 

FBC Plenary Session

August 22, 2014

Page 20

 

Research Projects, FY 2014-2015, TAC Chairman Committee Report (cont.):

 

Chairman Browdy stated these were done on a super majority vote.

 

Chairman Browdy then asked for the vote on the motion.  The motion passed unanimously.

 

Rule Hearing, 61G20-6.002

 

Chairman Browdy stated at the August 23, 2013 meeting the Commission approved the Education POC’s proposed language changes to paragraphs (e), (g), (h), and (i), contained in Rule 61G20-6.002, F.A.C. He further stated that 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. Chairman Browdy said at the December 13, 2013 meeting the commission conducted a supplemental rule development workshop and voted to amend Rule 61G20-6.002, Education, to adopt the Education POC’s recommendations for revisions to the Education Rule and to proceed with rule adoption for Rule 61G20-6.002.  He said that at the April 2014 meeting the Commission voted to approve the Education POC’s recommendations for additional revisions to the Education Rule, and to proceed with rule adoption for Rule 61G20-6.002, Commission Approval and Accreditation of Advanced Building Code Training Courses. Chairman Browdy advised that the Joint Administrative Procedures Committee (JAPC) has comments on the Rule that will need to be incorporated into the Rule before final adoption.   He advised today the Commission will conduct a rule adoption hearing to incorporate legal staff’s proposed rule revisions to address JAPC’s comments, and to finalize rule adoption.  Chairman Browdy stated he received the JAPC changes and our DBPR Rules Attorney’s responses.  He stated the rule adoption hearing is now open and April Hammonds will provide the comments from JAPC and responses from Rules Attorney.

 

April Hammonds, Esq. stated that Brittney Griffith is our Rules Attorney and she is not present today.  Ms. Hammonds advised she would briefly go over JAPC’s comments.  She further stated this may be a good exercise for those who may be frustrated with rule making situations.  She said the reason this is coming to you in in lieu of a recommendation is due to a non-quorum meeting.  Ms. Hammonds stated one of the changes in the letter from Ms. Holiday there was an incorrect form number that will be corrected and published through a notice of change as stated in the letter that we are proposing to send back.  She stated there was an issue in several places it stated subsection and she would like for it to say paragraph.  Ms. Hammonds ask the permission of the Commission to change the language to paragraph from subsection.  She said they also referenced form in several places and asked for the explanation of self-affirmation stating self-affirmed one change and self-affirmed no change meant; she asked to read the section and asked for confirmation of her understanding of the statement.


FBC Plenary Session

August 22, 2014

Page 21

 

Rule Hearing, 61G20-6.002 (cont.):

 

Ms. Hammonds stated the only other issue was a comma between administrative rule and :the word”, so in order to make it more clearly legible we are going to make a list that says one, two and three so that there is no concern with commas.  She advised this is just an example of the letters sent from JAPC that are holding up rules.  Ms. Hammonds requested the support of the Commission.

 

Chairman Browdy asked for public comment or comments from the Commission.

 

Commissioner Calleja asked if in any way this rule will affect the approval of a course, we have this issue where the effective date of the Code is coming up sometime in the future, but we wanted to train before the code comes into the rule.

 

Ms. Hammonds stated this is the same rule.

 

Chairman Browdy stated if there is no further discussion, Commissioners I would ask for a motion to approve DBPR legal staff’s recommendations for revising the draft Education Rule language to address JAPC’s comments as detailed in the letter responding to JAPC, by issuing a Notice of Change, and proceeding with rule adoption for Rule 61G20-6.002, Commission Approval and Accreditation of Advanced Building Code Training Courses, and conducting a rule adoption hearing only if requested.

 

A motion was entered by Commissioner Dean and seconded by Commissioner Schilling, the motion passed unanimously.

 

Update on 5th Edition of the Florida Building Code:

 

Chairman Browdy advised as previously reported, the Commission voted at the August 2013 meeting to make the effective date of the Florida Building Code Fifth Edition 2014 on midnight December 31, 2014. He said the selection of this date was to meet the statutory requirement to coordinate with the adoption of the updated version of the Florida Fire Prevention Code, which is being developed with an effective date of midnight December 31, 2014. Chairman Browdy stated the Commission is also statutorily required to have the Florida Building Code published for 6 months after publication before it becomes effective. He said as a result the effective date of the Florida Building Code Fifth Edition 2014 is dependent on when the Florida Fire Prevention Code 2013 is adopted. Chairman Browdy advised at the June 2014 meeting Commissioner Charles Frank reported on the status of adoption of the Florida Fire Prevention Code 2013 and indicated he thought the adoption process was on schedule for completion this summer.


FBC Plenary Session

August 22, 2014

Page 22

 

Update on 5th Edition of the Florida Building Code (cont.):

 

Chairman Browdy stated at this time I would like to ask Commissioner Charles Frank to give us an update on the status of the adoption of the Florida Fire Prevention Code 2013.

 

Commissioner Frank stated he had met with the Bureau Chief and received an update on the 5th Edition of the Fire Prevention Code.  He said they are currently in their seconded read of the draft and further said they have completed all of the workshops and hearings on the Florida specific amendments.  Commissioner Frank advised they have already sent a letter to JAPC in reference to all of the NFPA standards that were referenced into that.  He said they have received comments back from JAPC more technical, they are meeting with the Attorneys today to formulate a response to those comments.  Commissioner Frank stated once the second draft comes back which will be within the next week or two, they will be sending the actual Florida Fire Prevention Code to JAPC for comments on that.  He further stated all of their SERCS and MRAS have been done for the Fire Code.  Commissioner Frank said they are still on track for the December 31st adoption of the Florida Fire Prevention Code barring any complications; they are looking at a publication of their code being available around September no later than October.

 

Chairman Browdy advised Based on this report the Commission would not be able to schedule a rule adoption hearing for the 5th Edition Florida Building Code until the October meeting at the earliest, and will need to adjust the effective date based on a realistic assessment of when the rule adoption process can be completed.  He stated if the rule adoption hearing occurs in October then the earliest effective date for the Florida Building Code would be March 1, 2015, and possibly later depending on final adoption of the Code and the need to comply with the six month publication requirement prior to the effective date.

 

Chairman Browdy stated the Commission has two options:

 

Option 1:  We wait until the October 2014 meeting to take formal action on changing the effective date for the 5th Edition Florida Building Code to allow for a firm date for the adoption of the Florida Fire Prevention Code 2013, and providing the Commission with the ability to base the date of a rule adoption hearing and the Code effective date accordingly.

 

Option 2:  We can make a motion to conduct a rule adoption hearing on the 5th Edition Florida Building Code at the December 12, 2014 meeting, and to make the effective date for the 5th Edition Florida Building Code March 1, 2015.

 

Chairman Browdy advised the Commission has those two options and wait until October Meeting to change the effective date or they can move forward now and at the December 12th meeting which would make the effective date of the Code June, 2015.


FBC Plenary Session

August 22, 2014

Page 23

 

Update on 5th Edition of the Florida Building Code (cont.):

 

Chairman Browdy said he knows that everyone is anxious to get the Code out as soon as possible and he thinks the Commission should wait until the October meeting to take formal action on changing the effective date on the Code.  He said it would be up to the Commission, he provided the two options again.

 

Jim Richmond said that he speaks in support of the first option as the dates are a forecast at best.  He further stated that Commissioner Frank said the Fire Code itself is just going to JAPC now, the Building Code has not gone to JAPC yet.  Jim said that the Commission would be best advised to wait for the best information we can get is in front of us before moving forward which would entail waiting until the October Meeting.

 

Commissioner Calleja asked how this affects the three year cycle problem. 

 

Jim Richmond stated it really puts the Code more in line with the three year cycle as that was an issue that had we forward moved at the pace we set last August in St. Petersburg, we would have been about eight to ten months in advance of that three year cycle.  He said he actually anticipated JAPC comment based upon that because they are trying to get some time back and get more in line with the Model Codes.  He further said it gets us more in line with the three year cycle we were on, the June date would put us two months beyond.  Jim said he believes that the effective date was April 15th.

 

Mo Madani stated he felt to go with the March and June dates, that is common for the Commission, all of the Code Editions that we have done so far with the three years were done in March and some in June.  He said that is in line with the three years.

 

Jim Richmond he feels this gets us more in line with the tri-annual cycle that is required by Statute as well.

 

Commissioner Calleja stated the other question would be if we decide to set a date now for example April 1st, can that be changed later or does that create a problem.

 

Jim Richmond stated it can be changed later, but it can create a problem, anytime a hard date is provided, there are a lot of expectations of the public including the audience and those watching online.  He further said essentially if we provide hard dates it creates issues, designers will take that as an assurance and will start designing, he said he preferred not to pick a hard date until there is a reasonable expectation of meeting it.


FBC Plenary Session

August 22, 2014

Page 24

 

Update on 5th Edition of the Florida Building Code (cont.):

 

Commissioner Calleja said he gets a lot of input from people in the field, architects are the first ones that cry, but number one, we do not have a posted code in our worksite, he said there was one with yellow lines showing changes, so the people could at least look at it and the possible changes and what the codes are.  He said that the more we push this back, it puts a big burden on those trying to figure out what the changes are, and could we get the work copies.

 

Mo Madani said we have been working hard to get an integrated code put together and by the end of this month, we should have a draft integrated with the Florida specifics marked in red, so we will have that soon.  He said also, we have the supplements that show what the changes are, and that will be available soon before the end of the month.

 

Commissioner Schiffer said it is important that Architects know when the code comes into effect, people are designing buildings now to the new code with the expectation that it will be there at the end of year along side of the Fire Code.  He asked if anything can be done to come up with a date, for those designing buildings under the new code, six months to one year on a building is not rare.

 

Jim Richmond stated based on the information we have, it is not going to be before March, he feels the six months will take it to April.  He said we could say no sooner than April.

 

Commissioner Schiffer stated last meeting stated it would not be year end.  He asked if we could have a no sooner date, people have to be able to plan and there are revisions and there are differences that will matter.

 

Chairman Browdy said as Mo implicated those changes are going to be published within the next month, he said that if you were a design professional at this stage you would want to design to the newer code and he appreciates the concern about the actual date.  He stated he does not really know with the requirements under the statue what the Commission can do as a result of the process by which the Fire Prevention Code has to go through and then we go through the same process.

 

Commissioner Langille said the Fire Prevention Code goes before JAPC and we have not had Building Code go before JAPC, how long does that process take when it goes to them, be heard by them, or seen by them.

 

April Hammonds, Esq. stated the Rules Attorney did some research on the JAPC site, they have been working on the Fire Prevention Code the last letter came to them on June 24th had well over 20 comments that they have to respond to.  She said they had to toll the rule, they ended up having to toll the rule, they had to send a letter, and their Counsel had to send a letter to request


 FBC Plenary Session

August 22, 2014

Page 25

 

Update on 5th Edition of the Florida Building Code (cont.):

 

to toll the rule.  She further alluded that there have been many times that she has told you that she cannot respond with a specific date as there are too many variables because once you start the clock you only have a certain amount of time to get it done before it goes away.  She said one of those options is to toll a rule because otherwise JAPC was going to file a formal objection on the Fire Code.  Ms. Hammonds further stated that all of this is available on the JAPC website and they did review to see what was happening with JAPC.  She said they have been working on the Education Rule for over a year, it has been submitted to JAPC and the last notice revealed that commas were out of place, literally JAPC is tying everyone’s hands much to the frustration of all State Agencies, the Commission and everyone trying to complete a rule.

 

Commissioner Langille said all we know is if everything is in line the earliest date would be October or is that when we decide the date, the start date for further down the road

 

April Hammonds, Esq. stated that by waiting until October will also allow us some time for JAPC to respond to the Fire Prevention Code letter and review. 

 

Commissioner Langille asked if the one only thing we are waiting on now is for JAPC to return the information back to the Fire Code and all of our work, everything we need to do as far as our building code is concerned is done.

 

April Hammonds, Esq., stated yes.  She explained the frustration with JAPC and the time issues and continuous issues with JAPC returning Rules back for over a year.

 

Commissioner Schock said he had an idea to throw out, could possibly at a later meeting, maybe the Commission could put a letter out to the jurisdictions allowing them a comfort level to use the code as an alternate means until the adoption date.

 

Chairman Browdy said talk about flood gates, there is just no way to tell what would happen if everyone had a choice of which code they wanted to use at what time.

 

Commissioner Schiffer asked if we had submitted the 5th Edition to JAPC yet.

 

April Hammonds, Esq. stated no because JAPC requires every document that is referenced in it to go with it, that is the problem, we do not have a Fire Code to attach.  She stated we send over boxes and boxes of material when we send it, they need ASTM, ANSE, Fire Code, anything referenced, they want to look at it.

 

Commissioner Schiffer stated but the Fire Code references the Building Code.


FBC Plenary Session

August 22, 2014

Page 26

 

Update on 5th Edition of the Florida Building Code (cont.):

 

April Hammonds, Esq, stated that is correct.  She said we will probably run into something unusual with JAPC, we do not know what JAPC is going to do.

 

Commissioner Schiffer asked if she would be surprised if the Fire Code was held up.

 

April Hammonds, Esq, said she would not be surprised with JAPC, she said the eleven years she has worked with the state, and this is the first time she has seen the issue of trying to get a rule completed.  She said it is not the quality of work.

 

Commissioner Schiffer stated his concern is if we can avoid a situation where we have a new Fire Code and an Old Building Code for half a year.

 

Chairman Browdy stated the other alternative would be the meeting schedule is set for October and December.  He said depending on when the Fire Code is ready; it is not inconceivable that he could call a special meeting.  He stated they can have a rule adoption hearing and facilitate the enactment of the Code sooner and not be held hostage to our typical six week process.  Chairman Browdy stated he was not aware of the required notification time to host a special meeting, he said if that is their preference that is fine to ensure we get the code out.  He said the special meeting can be called to have a rule hearing.

 

Jim Richmond advised that the noticing requirements for the meeting are simple, it is seven days or really eight days and a day’s notice to JAPC.  He said the problem is a rules hearing and that will require a twenty one day notice.

 

Chairman Browdy said that is still better than waiting between October and December.  He further said that would make a difference, this is why he does not want to send the wrong message or date out to the public until we are ready to perform in that threshold.

 

Commissioner Langille asked if the Fire Code goes in and our documents are referenced, do we send everything they want and we have to have our Code go through with the Fire Code.  He said should they not have been submitted together at the same time, that way they are both there.

 

April Hammonds, Esq. said it deals with incorporation by reference so their document has to be finished before we can incorporate it.  She further stated we have language in our code that references incorporated.

 

Chairman Browdy stated that Option number one requires no action at this time and we can take a look at it at the October Meeting.  He said however, in the event we have the ability to facilitate the delivery of this code sooner by having a special meeting rather than being held hostage to

 

FBC Plenary Session

August 22, 2014

Page 27

 

Update on 5th Edition of the Florida Building Code (cont.):

 

some schedule even if the meeting is just for one day just for that purpose.  He did confirm that this would have to be an in person.

 

Jim Richmond stated they have been held via telephone; however, it becomes a problem when there is a lot of paperwork/visuals and also large audience participation.

 

Chairman Browdy advised we would discuss later if needed for a date of a special meeting.

 

Commissioner Flanagan asked to make a motion to wait until the October meeting to discuss, should the event become necessary a special meeting would be better.

 

Chairman Browdy advised there is not a need for a motion if they decided to wait until October.

 

Commissioner Calleja asked if there has ever conducted a meeting with the Chair of the Legislative Committee JAPC?  He stated they could voice their opinion on how this is affecting the trade and ability to published rules.

 

Mo Madani, stated we have been lucky with JAPC and we should wait.

 

Jim Richmond stated he did not know if the Commission could, however, their stake holders could perhaps contact the Chair or any member of JAPC of the Committee itself.  He said the staff works autonomously.  Mr. Richmond further advised that The Building Code is a consensus document created by the industry that ultimately is subject to its requirements.  Mr. Richmond said that to him makes it a great deal different than other agencies rules and perhaps could obtain some level of consideration considering that fact.

 

Chairman Browdy advised Commissioner Calleja, that the Chairman of JAPC is Senator Renee Garcia and the Vice Chair is Representative Jim Grant.  He then read the Committee Members names.

 

Commissioner Calleja stated he had the names.

 

Commissioner Brown stated having served on this Committee, he said Jim characterized it well,  and it sounds like staff is dominating this process, but he would caution and use extreme discretion in our conversations and dialog about the job they do.  He said they should very discretely converse with them and to avoid any upset for the Senators and Representatives, this could cause more issues.

 

Commissioner Gross asked if the certification of the Accessibility Code has any updates.


FBC Plenary Session

August 22, 2014

Page 28

 

Update on 5th Edition of the Florida Building Code (cont.):

 

April Hammonds, Esq. advised that they are still being told they are working on it.  She said the reviews have been completed next is the Access Board.

 

Committee Reports and Recommendations:

 

Chairman Browdy asked that the Committee Chairman, please confine their TAC/POC reports to a brief summary of key issues and recommendations, emphasizing any issues requiring an action from the Commission. He asked that they please frame any needed Commission action in the form of a motion.  Chairman Browdy advised that there is no need to read the TAC/POC minutes since the complete minutes will be linked to the committees’ subsequent meeting agendas for approval by the respective committees.

 

Accessibility Technical Advisory Committee

 

Commissioner Gross provided a brief summary of the TAC meeting of June 24, 2014 held via teleconference.

 

Commissioner Gross entered a motion to approve the TAC report, Commissioner Schilling seconded the motion, the motion passed unanimously.

 

Commissioner Gross asked about the funding approval and when they can take action.

 

Chairman Browdy stated there is no permission needed for the funding.

 

Code Administration Technical Advisory Committee

 

Commissioner Carlson stated per instruction, there is no report today.

 

Education Program Oversight Committee

 

Commissioner Dean stated there was a POC meeting scheduled for August 15, 2014 held via teleconference there was not a quorum and therefore there is no report.

 

Electrical Technical Advisory Committee

 

Commissioner Flanagan provided a b brief summary of the TAC meeting of August 7, 2014 held via teleconference.

 

Commissioner Flanagan entered a motion to approve the TAC report, Commissioner Swope seconded the motion, the motion passed unanimously.


FBC Plenary Session

August 22, 2014

Page 29

 

Committee Reports and Recommendations (cont.):

 

Energy Technical Advisory Committee

 

Mo Madani provided a brief summary of the Energy TAC meeting August 8, 2014 and June 26th held via teleconference.

 

Commissioner Calleja entered a motion to approve the TAC reports.  Commissioner Phillips seconded the motion, the motion passed unanimously.

 

Fire Technical Advisory Committee

 

Mo Madani provided a brief summary of the Energy TAC meetings June 27, 2014 and August 6, 2014 held via teleconference.

 

Commissioner Schiffer entered a motion to approve the TAC reports.  Commissioner Phillips seconded the motion, the motion passed unanimously.

 

Mechanical Technical Advisory Committee

 

Mo Madani provided a brief summary of the Energy TAC meeting June 25, 2014 held via teleconference.

 

Commissioner Calleja entered a motion to approve the TAC report.  Commissioner Phillips seconded the motion, the motion passed unanimously.

 

Plumbing Technical Advisory Committee

 

Mo Madani provided a brief summary of the TAC meeting of August 6, 2014 held via teleconference.

 

Commissioner Schilling entered a motion to approve the TAC report.  Commissioner Phillips seconded the motion, the motion passed unanimously.

 

Product Approval Program Oversight Committee

 

Commissioner Compton provided a brief summary of the POC meeting August 7, 2104 held via teleconference.

 

Commissioner Compton entered a motion to approve POC report.  Commissioner Swope seconded, the motion passed unanimously.


FBC Plenary Session

August 22, 2014

Page 30

 

Committee Reports and Recommendations (cont.):

 

Roofing Technical Advisory Committee

 

Commissioner Swope provided a brief summary of the Roofing TAC meeting June 27, 2014 held via teleconference.

 

Commissioner Swope entered a motion to approve the TAC report.  Commissioner Brown seconded the motion, the motion passed unanimously.

 

Special Occupancy:

 

Commissioner Phillips advised there was no report.

 

Structural Technical Advisory Committee

 

Commissioner Schock provided a brief summary of the TAC meetings of June24, 2014, July 14, 2014 and August 4, 2014 held via teleconference.

 

Commissioner Schock entered a motion to approve the TAC reports. Commissioner Compton seconded the motion, the motion passed unanimously

 

Swimming Pool Technical Advisory Committee

 

Commissioner Tolbert provided a brief summary of the TAC meeting held June 26, 2014 held via teleconference.

 

Commissioner Tolbert entered a motion to approve the TAC report.  Commissioner Swope seconded the motion, the motion passed unanimously.

 

Chairman Browdy advised that there was a need to go back to the Product Approval POC report.

 

Jeff Blair stated the report was approved; however, there was one outstanding item, which he gave to Commissioner Compton.

 

Commissioner Compton advised there was an item omitted from the report.  He stated the POC recommends that the Commission move the product approval application submittal completion deadline back by one week to the current preliminary review deadline date for the product approval applications cycle.

 

 


FBC Plenary Session

August 22, 2014

Page 31

 

Committee Reports and Recommendations (cont.):

 

Chairman Browdy stated also he would assume that from a structural point of view that this will need to be incorporated into the Product Approval POC report or would it be a separate action.

 

Jeff Blair stated this would be taken up as a separate action.

 

Commissioner Compton entered a motion to move the product approval application submittal completion deadline back by one week to the current preliminary review deadline date for the product approval applications cycle.  Commissioner Schock seconded the motion, the motion passed unanimously.

 

General Public Comment:

 

Chairman Browdy opened the meeting to public comment.  He advised the public if they wished to address the Commission and have not yet signed the speaker’s list to please do so now. He further stated that the Commission welcomes their comments on its actions or any other topic under the Commission’s purview and authority.   Chairman Browdy asked the speakers to approach the table and identify themselves for the record.

 

Mark Zehnel, FRSA, referenced prior information discussed by Commissioner Calleja regarding the code development process.  He said he the ICC has already sent out the 2015 version of their code and they will start working on the next edition within a few months and we are working off of 2013 code which is now the 2014 code which was based off of their 2013 code.  Mr. Zehnel said therefore we are not catching up and he feels confused, he is trying to find out where we are at, and it seemed to him we are actually getting further behind where we were catching up before, if we base our next code which should have been the 2016.  He further stated it will be 2016 before we even start on the version that will be based on the 2015 code of ICC who will have already been in the 2018 code.  Mr. Zehnel said to please forgive him, but there is a lot of industry asking questions and he thinks the architects are asking the same questions, and they are also working on ASE 7 16 which is going to make major changes for wind design from what he is hearing.  He asked if we get into the next code cycle are we going to be faster with the next one or are we going to fall back behind just to try to stay level.

 

Jim Richmond advised the initial schedule tried to pick up a year and it did not work.  He said picking up time is not a realistic objective at this time. Mr. Richmond stated that we need to stay consistent with the Fire Code, which is statutory there is no way to get around it.  He advised the process we have is statutory, we are doing the best we can.  He further stated if you want to change the rule again, your stakeholder groups are very able to do that, we would need the 60 review on the front end, TAC review, Commission review, and then go under Chapter 120 and have rule adoption hearings, rule development workshops, then we would need to go through the JAPC process and rule adoption process, this is extremely lengthy process and we are getting


FBC Plenary Session

August 22, 2014

Page 32

 

General Public Comment (cont.):

 

bound up in it.  Mr. Richmond stated it is not surprising, all agencies are getting bound up in it, but we are doing the best we can.

 

Mark Zehnel stated they are not casting blame; they are just trying to find out the direction we are going to go.

 

Doug Buck, stated he wanted to echo to what he heard early, that Jim Richmond touched on again.  He asked the audience who was there representing their association and do they have communication back to their lobbyists in Tallahassee.  Mr. Buck said that he hears the word it is statutory, once a year the legislature meets in Tallahassee and change the statute.  He said Representative Brown, Commissioner Brown said yes that is what they do.  Mr. Buck said they do that under the advocacy of groups and when groups come together it is almost non-controversial, it is a matter of process.  He said so when there is a consensus that something needs to be changed that is a powerful thing in Tallahassee.  Mr. Buck stated what the industry needs, Jack Glenn and himself talked so every year they did a building code bill, every year there is a building code bill, but the recommendations that come from here may not even show up until February or March which is way too late to include in bills.  He said although many times many of your issues are.  He further stated you also have to be sensitive to the fact that you have a Department and a process, but he would suggest that all that are here probably because of some association supported you would like to hear back from you.  He said they would like to hear what would make their job easier and help the industry build.  Mr. Buck said regarding the six months, it is a problem, but you have to look historically at how we did we get to the six month barrier, we got there because we had an adopted code effective code and nobody had a copy, so we have had problems with process and maybe we are at a new era of understanding that.  He said he would suggest a lot more dialog, each member has associations support and they need to be used.  He said in that regard Jim Richmond, have you been invited to the Construction Coalition and are you coming.

 

Jim Richmond stated he has not yet been invited and it will go through the Division.

 

Mr. Buck stated you have an opportunity to attend in about a month.  He said almost everyone attending today should make an attempt attend the Coalition Meeting; they want to make it easier for them to do their job and not face statutory barriers.  He said the Associations have to agree, so he is putting this out there as an offer.

 

Jim Richmond stated he wanted to explain lack of response for the code edition that no one could get.  He said there were some contentious times and they do not need to be re-hashed, but to look forward.


FBC Plenary Session

August 22, 2014

Page 33

 

General Public Comment (cont.):

 

Martin Perrone, Carpenter Electric, stated he was present at the April meeting he handed out a copy of a workbook a study book/guide for an ARC Flash Safety training program that he has been providing to a lot of companies.  He stated it is actually a state approved CEU course sanctioned by the Bureau of Fire Standards and Training, so any firefighters or inspectors they receive CEUs.  He said recently it came to their attention, the NFPA 70-E which was created in 1972 OSHA had never adopted that because of obvious reasons, it would require lengthy and expensive process.  Mr. Perrone said that on April 11, 2014, OSHA finalized that rule and that ruling is OSHA 29CFR 1910.269 and on July 10, 2014 that went into law.  He said basically it is a 1600 page ruling filled with a lot of information, he tried to compile a synopsis to bring in April and then again today.

 

Mr. Perrone said in the first paragraph, “The updated standards bring together construction and general industry requirements so that the same rules apply generally in the same lines of work.”.  He further stated you will find that this ruling states if you are general industry building and you do not have a way of estimating the ARC Flash incident energy that can come from a piece of equipment while someone is working on it, via the personal protection equipment categories levels 1, 2, 3,  and 4 or actually a new one 0, 1, 2, 3, and 4 by January 1, 2015, OSHA is asking building owners to have the analysis done, so when an electrician works on a piece of equipment if it is energized, they are capable of seeing these ARC flash labels so that they know what type of PPE they must put on, so they are safely working on that equipment. 

 

Mr. Perrone stated the reason he brought the literature to the April meeting was to allow dialog to begin among the Commission and allow professionals start recognizing this is an important issue.  He said they could start policing the fact that or letting businesses that are buying a new building have an ARC Flash Coordination Study done prior to the building receiving its certificate of occupancy.  He further stated if he purchased a building and spent $10 million dollars on it and amortized the loan however long 20 or 30 years and out of the blue I am asked to spend another $30 or $40 thousand dollars, I would be upset that it could not be a part of the loan.

 

Mr. Perrone thanked the Commission for their time and he would answer any questions.

 

Commissioner Flanagan stated ARC Flash Safety is very important, there is a man on the west coast that was badly burned.

 

Mr. Perrone stated he does know this man and knows he is now traveling and educating on this subject.  He said an ARC Flash suite that an electrician wears is only there to do one thing, to prevent the electrician from receiving incurable third degree burns which means if he is wearing a 40 calc suit and is working on 2000 amps switch gear and an explosion occurs, he/she is still going to get 1st or 2nd degree burns, it is there to keep them from being severely burned.  Mr.


FBC Plenary Session

August 22, 2014

Page 34

 

General Public Comment (cont.):

 

Perrone said he is actually giving this seminar to 24 OSHA compliant officers on September 5th in Ft. Lauderdale

 

Chairman Browdy thanked Mr. Perrone and asked if there were further questions, there being none, Mr. Gascon was recognized.

 

Jamie Gascon, Miami-Dade stated he was here today as a messenger.  Mr. Gascon advised he was delivering a message from FIU, a gift that they will be contributing as part of the ongoing research as he mentioned at the TAC committee last month of research that they have already been funded through the National Science Foundation and three key points of research that they are going to be doing that the results will then be forwarded to the Commission in the form of Code changes or in a form the Commission can use for future code changes.  Mr. Gascon said that the timing could very well fall in line with what efforts you are doing here in trying to implement changes to the 2014 Code.  He stated these are going to be in the areas of Dynamic Effects of Wind Loading on Portable Take Systems, Wind Effects on Standing Seamed Metal Roofs and also Wind Effects on Shingle Roofs and their use above thirty three foot mean elevation mark that currently exist.  Mr. Gascon said that the results of this research that they have already been funding for elsewhere will also contribute to efforts here being done in the Florida Building Commission and Code.

 

Chairman Browdy asked who funded FIU.

 

Mr. Gascon stated it was through National Science Foundation.

 

Mo Madani stated National Science Foundation receives funding through the legislature.  He said there are allocations.

 

Chairman Browdy thanked Mr. Gascon for the gift.

 

Commission Member Comments and Issues:

 

Commissioner Swope questioned Commissioner Brown if he stated it would be good or bad to reach out to a member of JAPC.

 

Commissioner Brown advised they should be very discreet, reaching out to Senators or Representatives is something, they are there to hear from the public, but as a member of the Commission, I would be careful.  He said he thinks he will read between the lines and it sounds like the issue is a staff issue and the members of that Committee may not be fully aware of it.  He said how this is communicated should be conducted in a careful way to avoid backlash.


FBC Plenary Session

August 22, 2014

Page 35

 

Commission Member Comments and Issues (cont.):

 

Jim Richmond stated that he thinks the obstacles we encounter are not always the person we deal with.  He feels it is more the representation of what we deal with, i.e. rules with the current administration.  He further stated Governor Scott ran on a stringent platform when it came to regulation and has also been mimicked in the House, where there is a Committee on the Rules.  Mr. Richmond stated he would not categorize this as a staff issue and why he referred Commissioners back to their constituent groups.  He said he would emphasize it again it is not so much that it is a staff issue or the Committee’s Mission, but a reminder that the building code is different and really is a consensus of a product and something he thinks is far more impactful when that message is delivered by the constituent groups in lieu of staff contact.

 

Commissioner Brown said he felt Mr. Richmond hit an important point, with regard to the Building Code it is different.  He said legislatively there are cycles as members and leadership take their positions over time.  He further said to the extent that they defer legislative action to rule making and Jim is correct we are in one of those cycles they are looking closely within their purview.  He said the most import statement made is that the Building Code is something they have asked to be done and it needs to be facilitated and not held up unnecessarily, that would be the part of his message to leadership or to staff either is that the Building Code is different and is very important to the economy and to the legislatures.

 

Commissioner Schiffer wanted to go to the point to the study of the Building Code could be better coordinated with the Fire Code and the ICC process.  He said he asked at the last meeting to put together a task force to look at this.  He said his concern is we are fumbling at the end and it is difficult for the design community and has to be difficult for the governing jurisdictions and maybe there is a way to look at this and better coordinate it, staff should be part, stakeholder should have part.  Commissioner Schiffer stated he feels now is the time to look at it.

 

Commissioner Gross stated as a Commissioner he takes a lot of heat regarding changing the code so much and why does it take so long.  He said if you go on the ICC website they have a page which shows what additions of the ICC code are adopted in different parts of the United States, there are a few states have state codes and others that have local county and city codes. Commissioner Gross said we are ahead of the medium, the only city he believes Seattle is the only city that has adopted the ICC Code.  Commissioner Gross said there are few legislative bodies will allow city, state, county, etc. their person to adopt the latest ICC edition face value before it comes out.  He said there is always a delay in what edition you have; again if you look where we are at we are ahead. Commissioner Gross said that we tried to pick up a year this year, ahead of everything; confusion was there and then the issue with the Fire Code.  He suggested maybe we could get them approved at the same time same cycle.  We are always going to be behind the ICC.

 


FBC Plenary Session

August 22, 2014

Page 36

 

Commission Member Comments and Issues (cont.):

 

Commissioner Calleja stated on our next code, when we start working on that one.

 

Mo Madani stated we will start as soon as we put this code to publish status, he will start the process.  He said it will begin late next year.

 

Commissioner Swope asked about the update on the latest edition of the Tile Manual, Concrete Roofing Tile Manual.

 

Mo Madani stated the last thing seen was the notice of change sent out with regards to the changes we reviewed at the last meeting.  He said that with the notice of change normally there is a twenty one day associated with that.  He said the next step is to file it. 

 

April Hammonds, Esq., stated she was not ignoring Commissioner Swope, she said this is one reason why there is Rules Attorney and she is responsible for many of the Rules and she does our Rules.  Ms. Hammonds said she has requested that she attend the meetings on many occasions especially during Rules Hearing and different issues.  She said she was not trying to ignore you, but she said she does not have the responsibility, we look at it from a technical perspective to be sure that is what the Commission wanted and voted on, but the Rules Attorney has the process.

 

Commissioner Swope stated he understood, he asked Mr. Madani about the twenty one day process before it is filed and that is before it goes into place or back before JAPC.

 

Mo Madani said at the last meeting, there were comments made and changes to the reference document to the manual, so because of the changes a notice of change has to be issued and the twenty one days will be given to public interest to comment on it if necessary, that is where we are at this point.  He stated he has not heard anything after that, he said normally after the notice of change without comment, it will go straight to be noticed.  He stated he would keep them posted.

 

 

Adjournment:

 

Commissioner Tolbert entered a motion to adjourn; Commissioner Brown seconded the motion, the motion passed unanimously.  The meeting was adjourned at 11:43 am.