TABLE OF CONTENTS

1 Executive Summary

2 Introduction

3 Legislative Assignments

4 Florida Building Code

5 Hurricane Damage Investigations—Hurricane Research Advisory Committee

6 Product Approval

7 Building Code Training Program

8 Florida Building Code System Updates

9 2007 Commission Projects Overview

10 Summary of Recommendations

11 Appendix

A Green Building Workgroup Report and Recommendations

B Code Administration Assessment Survey Summary Report

C Hurricane Research Advisory Committee Report and Recommendations

D Windows Workgroup Report and Recommendations

E Termite Workgroup Report and Recommendations

F Hurricane Mitigation Workshop Report and Recommendations

G Energy Efficiency and Moisture Control Forum Report

H Adopted Rule Language Revisions

I Proposed Statutory Language Revisions

FLORIDA BUILDING COMMISSION

SUMMARY OF ISSUES FOR INCLUSION IN THE 2008 REPORT TO THE FLORIDA LEGISLATURE

OVERVIEW

The Florida Building Commission is a 23 member Governor appointed stakeholder group who successfully created, implemented, and maintains the new statewide Florida Building Code.

The Commission is comprised of the Governor’s Chair, and 22 members appointed according to criteria established by the American National Standards Institute (ANSI) for representation. They are as follows: in the general interest category: four code officials, two state government representatives, a local government representative, a representative of persons with disability; in the consumer category: an architect, a structural engineer, a mechanical engineer, representatives of fire protection technology, the building management industry, and the insurance industry; and in the producer category: a general contractor, residential contractor, mechanical contractor, plumbing contractor, electrical contractor, roofing/sheet metal/air conditioning contractor, a manufactured building representative, and a building product manufacturer.

The Florida Building Commission (FBC) seeks to develop consensus decisions on its recommendations and policy decisions. General consensus is a participatory process whereby, on matters of substance, the members strive for agreements which all of the members can accept, support, live with or agree not to oppose. In instances where, after vigorously exploring possible ways to enhance the members’ support for the final decision on substantive decisions, and the Commission finds that 100% acceptance or support is not achievable, final decisions require at least 75% favorable vote of all members present and voting. This super majority decision rule underscores the importance of actively developing consensus throughout the process on substantive issues with the participation of all members and which all can live with and support.

The Commission’s consensus process is conducted as an open public process with multiple opportunities for the public to provide input to the Commission on substantive issues.

At each Commission meeting, the public is welcome to speak during the public comment period provided for each substantive issue under consideration, as well as general public comment periods provided at the end of each day’s meeting. In addition, most substantive issues before the Commission go through a workgroup process where consensus recommendations are developed by appointed representative stakeholder groups, providing additional opportunities for public input. Workgroup recommendations approved by the Commission usually require rule development to implement, affording at least two additional entry points for public comment.

Since its formation in July of 1998, The Commission has demonstrated a commitment to working with affected interests to build consensus on complex issues. The adoption of the first edition of the Florida Building Code (2001 Edition), developed from September 1998 through January of 2001, involved 27 Commission meetings, dozens of facilitated public workshops, and hundreds of TAC meetings. The Commission has consistently worked with all affected interests to build the best possible consensus-based decisions for the citizens of Florida.

Through its committees and workgroups of experts, the Commission has always developed its decisions on the results of the best engineering-based science available. Although the Code is by law a minimum building code, the Florida Building Code is the strongest consensus and science based building code in the country.

In summary, the Florida Building Commission provides a forum for stake-holders representing different interests to participate in a consensus-building process where issues affecting the construction industry are discussed and evaluated on their technical merits and cost-benefits to the citizens of the State of Florida.

SUMMARY OF RECOMMENDATIONS

Monitoring the building code system and determining refinements that will make it more efficacious is a primary responsibility of the Commission, and consequently the Commission is continually effecting refinements to the building code system by administrative rule amendment(s) where the statutes provide authority. However, the building code system is established in law, requiring that some refinements must be implemented through changes to law. The Commission’s recommendations for legislative actions designed to improve the system’s effectiveness are summarized as follows:

Ø The Commission, consistent with their policy regarding identification of specific standards in statute, recommends that ASCE 7-02, the minimum standard for wind resistant construction in the State, not be identified in Section 553.731, F.S., and recommends repeal of this provision.

Ø The Commission supports the Department of Children and Families’ (DCFS) recommendation to amend Chapter 553.79(9) to place construction regulations for secure mental health facilities under the jurisdiction of DCFS.

553.80 Enforcement.--

(1) Except as provided in paragraphs (a)-(f), each local government and each legally constituted enforcement district with statutory authority shall regulate building construction and, where authorized in the state agency's enabling legislation, each state agency shall enforce the Florida Building Code required by this part on all public or private buildings, structures, and facilities, unless such responsibility has been delegated to another unit of government pursuant to s. 553.79(9).

(a) Construction regulations relating to correctional facilities under the jurisdiction of the Department of Corrections and the Department of Juvenile Justice, and secure mental health treatment facilities under the jurisdiction of the Department of Children and Family Services, are to be enforced exclusively by those departments.

Ø The Commission supports the Department of Community Affairs’ (DCA) recommendation to amend Chapter 553, Part I, Sections 553.35 – 553.42 of the Manufactured (Modular) Building program clarifying the roles of the department and the commission; adding the word "modular" to the term "manufactured buildings" to differentiate from manufactured housing (HUD mobile homes); clarifying the requirements for the manufacturers' data plate (originally and erroneously contained in the DCA Insignia requirement); providing for disciplinary sanctions against a manufacturer (short of decertification); clarifying the foundation requirements of modular residences placed in mobile home parks, RV parks, or mobile home subdivisions; and, incorporating public school portable classrooms into the program and eliminating s. 553.415.

COMMISSION 2007 POLICY IMPLEMENTATIONS

The following are policy decisions by the Commission implemented during 2007 with existing Commission authority through administrative rule development:

Annual Interim Amendments to the Code

The Commission implanted changes to Rule 9B-3.050, the rule for Statewide Amendments to the Code. In 2006 the Code Amendment Process Review Workgroup delivered consensus recommendations to the Committee Organization and Process Ad Hoc Committee regarding proposed limitations for annual interim amendments to the Florida Building Code. The Commission received and unanimously adopted the recommendations at the December 2006 meeting. At the March 2007 meeting the Commission conducted a rule development workshop, and in June conducted a rule adoption hearing as the final step in the process to implement by rule the Commission’s policy for annual interim amendments to restricting annual amendments to Commission interpretations, emergency issues, updating referenced standards, consistency with federal and state laws rules and regulations, and coordination with the Florida Fire Prevention Code.

Commission Workgroups and Committee Alternates

The Commission implanted changes to Rule 9B-3.004, the rule regarding Commission Organization and Operations. At the December 2006 Commission meeting, an Ad Hoc committee of Commissioners, the Committee Organization and Process Ad Hoc Committee, met to review committee organization and process issues, including considering alternate members for TAC’s and workgroups. The Ad Hoc developed a package of consensus recommendations regarding alternate members which the Commission unanimously adopted. The Commission unanimously adopted the detailed policy and requirements for how this will be done at the December 2006 meeting, and at the March 2007 meeting the Commission conducted a rule development workshop, and in June conducted a rule adoption hearing as the final step in the process to implement by rule the Commission’s policy on alternate members for workgroups and TAC’s. The rule formalizes the Commission’s use of workgroups to develop consensus recommendations on special topics, and provides that non-Commissioner members of TAC’s and workgroups may recommend alternate members to participate and vote in their absence.

Commission Legislative Liaison Process

As a result of the recommendations the Commission approved from the Building Code System Assessment project, the Commission initiated a bi-weekly conference call during the 2007 legislative session as well as during the various special sessions conducted during 2007. The conference calls were noticed in the FAW as a meeting of the Commission, and members were provided with updates from staff on the status of the Commission’s legislative agenda as well as other issues of interest to the Commission. In addition, the Commission was able to discuss and develop recommendations and provide ongoing guidance to staff as appropriate, throughout the session(s).

Product Approval—Rule Adoption on Rule 9B-72

The Commission’s Product Approval Validation Workgroup worked for over a year to develop a consensus package of recommendations regarding the validation criteria for methods of demonstrating compliance with the Code, as required in the Product Approval Rule. The Workgroup concluded their work in June of 2006 and the Commission reviewed the recommendations during the fall of 2006. The Commission’s Product Approval POC held a special meeting on January 24, 2007 to review the proposed changes and provide the POC’s recommendations to the Commission. The POC met again on February 5, 2007 and reviewed and recommended to the Commission additional revisions proposed by staff, which the Commission adopted during a February Rule Development Workshop. In addition, the Commission conducted a supplemental rule development workshop at the May meeting and adopted additional Product Approval POC recommendations for revisions to the Rule including the integration of the Window Labeling Workgroup’s consensus recommendations for requirements for installation instruction submittals for product approval applications. In June the Commission conducted a rule adoption hearing and voted to conduct a supplemental hearing regarding a disciplinary process for validators. At the August 2007 meeting the POC recommended the Commission conduct an additional supplemental rule adoption hearing in order to provide the POC additional time to discuss a schedule of penalties. The October 2007 rule adoption hearing was the final step in the adoption of the current round of revisions to Rule 9B-72. At the conclusion of public comment an opportunity was offered for Commission discussion, and then the Commission voted unanimously to adopt the schedule of penalties for validators along with previously adopted changes regarding product validation criteria and to proceed with rule adoption for Rule 9B-72, Product Approval.

Prototype Building—Rule Adoption on Rule 9B-74

At the May meeting the Commission voted to conduct a rule development workshop on Prototype Buildings to decide how to deal with the Program losing its administrator after June 20, 2007.

The Program Oversight Committee made an effort to locate another program administrator, but due to a variety of factors there were no interested parties willing to continue with the program. As a result, at the June meeting the Commission conducted a rule development workshop and voted to repeal the program. The August rule adoption hearing was the final step in the process to repeal the program, and at the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-74, the Prototype Building Rule by filing the rule repealing the Program.

BUILDING CODE ISSUES FOR 2007

Hurricane Damage Investigations—Hurricane Research Advisory Committee

As a result of hurricanes affecting Florida during the 2004 and 2005 seasons, the Florida Building Commission’s Hurricane Research Advisory Committee (HRAC) continues to meet at most Commission meeting to review research and make recommendations to the Commission regarding proposed code enhancements and research needs. Some of the Committee’s recommendations were adopted with the 2006 Glitch Code amendments to the 2004 Code and others were adopted during the 2007 Code Update cycle, and still others will be implemented during the 2008 “Glitch” code annual interim amendment process. The Committee continues to consider enhancements to the Florida Building Code based on sound science. In addition, the Committee has recommended research to advance the science and allow the Commission to continually study and update the storm protection provisions of the Florida Building Code. The Committee is continuously monitoring current research and recommending the development of standards and installation practices related to protecting against wind damage and water infiltration.

During 2007 the Committee has developed and ranked a list of issues that require research and development in order to make Florida’s structures, and the products that comprise them, more storm resistant. Of particular note, water managed window and door installation requirements were developed, and the Commission worked with industry to ensure windows, garage doors and shutters are labeled in a way to provide building officials with the information they need, in a field useable format, to ensure that the correct products are installed according to the appropriate conditions of their use.

The Committee identified the following issues for additional research:

· Criteria for wind resistant soffits

· Criteria for wind-driven rain resistance of soffits

· Water managed window and door installation criteria

· Water managed criteria for dryer vents, electrical panel boxes, electrical boxes and vent fan hoods

· Soffit venting alternative designs

· Unvented attic alternative designs

· Water control for masonry, wood and other wall system types

· Blow-off resistance of aggregate on built-up and sprayed polyurethane foam roofs

· Window water leakage test and performance criteria for hurricane prone regions

· Securement of Lightning protection systems

· Wall paint

· Pressure coefficients for roof systems

· Attached structures

· Roof wall connection for mitigation

· Secondary water barrier standard development

· Protect habitat of birds/roof nesting- chuckle

· Impact of fencing/WBD

· Facing of Signs/ WBD

· Water control capability/necessity for shutter

· Rating system for opening protection product water resistance

· Probabilities of opening protection damage/failure and water intrusion do to that failure

· Field applied window films

· Implications of tile roof damage and WBD

· Installation contributions to product failures (end use to identify mandatory inspections)

· Certification of window installers (installation improvement)

· Education component

· Roof deck vents wind/water

· In-swing doors

The Committee prioritized for funding of research: sealing of masonry walls, soffit systems, window water infiltration standards, aggregate roof blow-off, testing procedures for hurricane zones, lightening protection systems, and tile roof systems.

During 2007 the Committee recommended and the Commission approved funding the following research projects:

The Commission voted unanimously to continue with the existing contract with Applied Research Associates (ARA)/University of Florida to conduct terrain effects studies for wind pressure design, but to modify the contract in order to not consider windborne debris, and to fund a new research project to develop insurance qualifying criteria for buildings built within 2500 feet of the coast after 2009. The Commission originally established a performance goal of developing criteria based on a 250 year storm event. Subsequently, at the October 2007 meeting the Commission voted to proceed with a 500 year windspeed return period, design exposure Category C, and no reductions allowed, for the coastal code plus performance criteria.

In addition, at the conclusion of Phase I of the windborne debris study the consultant identified that there is a need to research the windborne debris protection requirements for all of the state of Florida, and that enhanced protections may be necessary in other areas of the State. As a result, the Commission voted unanimously to contract with UF/ARA to research and develop recommendations for enhanced windborne debris protection requirements for the state of Florida.

The HRAC prioritized various research topics regarding resistance side component and cladding and MWFRS research, including developing a post hurricane building damage assessment survey contingency.

The Committee will meet next to receive updates on related research updates and projects, and to continue to develop consensus on recommendations to the Commission for additional code enhancements for the 2008 annual interim code amendment process.

Load Side Wind Pressure Research and Resistance Side Component and Cladding and MWFRS Research

The University of Florida, under contract with the Commission/DCA, is conducting testing for wind forces and resistance to wind forces for buildings and building components to assist the Commission in developing Code and product enhancements to resist the effects of wind pressure.

2007 Florida Building Code Update Process—Rule Adoption on Rule 9B-3.047 Florida Building Code

The adoption of the 2007 Florida Building Code (FBC) represented the second update and third edition of the Code. This was a major focus of the Commission in 2007 and represented initiation of the triennial code update process for the 2007 Edition of the FBC. The 2006 Edition of the International Building Code (IBC) was published in March of 2006, and the Commission’s process—which by law could not begin until six months after the printing and availability of the IBC—commenced in October of 2006 with selection of the 2006 I Codes as foundation for the 2007 Florida Building Code.

Florida Statute, Chapter 553.73(6), requires the Commission to update the Florida Building Code every 3 years; by selecting the most current version of the International Family of Codes; the commission may modify any portion of the foundation codes only as needed to accommodate the specific needs of this state, maintaining Florida-specific amendments previously adopted by the commission and not addressed by the updated foundation code. The Commission complied with this statutory requirement by selecting certain of the 2006 Editions of the I-Codes as the foundation code for the 2007 Code (Building, Residential, Mechanical, Plumbing, Fuel Gas, and Existing Building Codes). The Florida Electrical Code has already been updated with the Commission’s adoption of the 2005 NFPA 70: National Electrical Code.

The 2007 Edition of the Florida Building Code was completed as scheduled in 2007, and will be implemented on October 1, 2008. At the June 2007 meeting the Commission conducted a rule development workshop on Rule 9B-3.047, and after deciding on the TAC’s recommendations for modifications to the Code, moved to proceed with rule adoption integrating the Commission’s draft rule. In August of 2007 the Commission conducted a rule adoption hearing on Rule 9B-3.047, the Florida Building Code, as the next step in the Commission’s consideration of proposed modifications for the 2007 Update to the Florida Building Code. The 2007 Code Update process has been an exhaustive process beginning with the posting of proposed modifications to the Code for at least 45 days, followed by an extensive TAC review and recommendation process conducted in March of 2007 where extensive public comment was considered. The TAC’s recommendations were then posted for at least 45 days, and comments were compiled for a second TAC review at the June 2007 meeting where the Commission decided on TAC recommendations in a rule development workshop. During the June workshop the Commission discussed every modification that the public requested be re-evaluated prior to voting on the package of modifications to the Code. In fact, as Chairman Rodriguez noted that there has been extensive discussion at the TAC and Commission level, and the public had multiple and extensive opportunities to comment on proposed code amendments prior to the Commission’s final adoption of amendments for the 2007 Code Update at the August hearing. At the conclusion of the hearing in August of 2007, the Commission voted unanimously to proceed with rule adoption for Rule 9B-3.047, the Building Code Rule, integrating and noticing the approved changes recommended by DCA staff and identified in the matrix presented during the hearing, and proceeding with rule adoption without conducting an additional hearing, with an implementation date of October 1, 2008.

Recommendations adopted during the 2007 Code Update Process included:

· Energy Code revisions

· Accessibility code updates

· Window labeling requirements

· Window installation instructions

· Shutter and garage door labeling requirements

· Termite provision enhancements

· Correlation between the FBC and FFPC including path of travel provisions

· Water and air intrusion enhancements

· Exposure Category C definition

· Elimination of Panhandle wind-borne debris protections requirements exemption; amending the 2004 Code to eliminate wind-borne debris protection exemptions less stringent than those of the 2006 IBC and 2006 IRC

· Mitigation techniques for the retrofit of existing site-built residential buildings

· Electrical bonding and grounding for swimming pool decks

· Warehouse expansion sprinkler requirements

· Carbon monoxide detector requirements

· Elimination of “Interior Pressure Design” option for buildings in Wind-Borne Debris Regions

· Product validation criteria for methods of demonstrating compliance with the Code (Product Approval Rule change)

· Schedule of penalties for product approval validation entities (Product Approval Rule change)

In the process of considering amendments to the 2004 Florida Building Code the Commission evaluated the following considerations and findings:

A. The amendment has a reasonable and substantial connection to the health, safety, and welfare of the general public; and,

B. The amendment does not degrade the effectiveness of the Code and either strengthens or improves the Code or provides for innovation or new technology by allowing equivalent or better products, methods, or systems of construction; and,

C. The Amendment does not discriminate against products, methods, or systems of construction of demonstrated capabilities; and,

D. The Amendment has the following fiscal impact:

1. The fiscal impact of enforcement imposed upon local government is as indicated by TAC review.

2. The fiscal impact of compliance imposed upon property and building owners is as indicated by TAC review.

3. The fiscal impact of compliance imposed upon industry is as indicated by TAC review.

E. The Amendment’s benefits noted with regard to fiscal impact and efficacy outweigh the costs imposed.

F. The Amendment addresses a Florida-specific need.

G. The Amendment does not diminish requirements related to wind resistance or prevention of water intrusion contained in the Code or its referenced standards and criteria.

It should be noted that with the adoption of the 2007 Edition of the Florida Building Code the Commission also implemented a variety of legislative assignments and additional enhancements to the Code’s wind and water intrusion related hurricane and storm provisions.

Florida Accessibility Code—Rule Adoption on Rule 9B-7.0042

The Commission conducted rule development on the Florida Accessibility Code in order to implement the Accessibility TAC’s recommendations to the Commission regarding integrating the parking standards moved from the DOT statute to the Accessibility Code Statute into the Florida Accessibility Code for Building Construction. In August of 2007 the Commission conducted a hearing as the final step in the process to implement by rule the Accessibility amendments. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-7.0042, the Florida Accessibility Code Rule, integrating and noticing the approved changes and proceeding with rule adoption without conducting an additional hearing.

The Florida Accessibility Code is not amended under the same procedures as the rest of the Florida Building Code which follow the process as required by Chapter 553.73, F.S. The Accessibility Code is amended pursuant to the Accessibility Code Statute via the Accessibility Code Rule, and by law the Florida Building Code is then deemed amended. In addition, by law the Commission can only amend the Accessibility Code to adopt new editions of the Federal ADA Accessibility Guidelines or to integrate accessibility requirements placed in Florida law.

Florida Accessibility Code—Rule Adoption on Rule 9B-7.003

The Commission conducted rule development on the Florida Accessibility Code in order to implement the Accessibility TAC’s recommendations to the Commission regarding updating the accessibility waiver request form. At the June hearing the Commission voted to conduct a supplemental rule adoption hearing in order to role in Rule 9B-7.003, the accessibility waiver application form. In August of 2007 the Commission conducted a rule adoption hearing as the final step in the process to implement by rule the Accessibility amendments. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-7.003, the Florida Accessibility Code Rule by filing the rule.

Glitch Amendments to the 2007 Florida Building Code—2008 Annual Interim Amendments

During 2008 the Commission will conduct its annual interim amendment process by focusing on correcting glitches to the 2007 Florida Building Code including enhancements to the wind loss mitigation provisions adopted into the 2007 Code. The deadline for submittal of proposed Glitch amendments is June 1, 2008 and following rule development in June and August, amendments will become effective on September 27, 2008, prior to the October 1, 2008 effective date of the 2007 Edition of the Florida Building Code.

It should be noted that the Commission’s policy for annual interim amendments restricts amendments to Commission interpretations, emergency issues, updating referenced standards, consistency with federal and state laws rules and regulations, and coordination with the Florida Fire Prevention Code.

Development Process for the 2010 Florida Building Code

The Commission is required by law to update the Florida Building Code (Code) every three years, and the 2007 Edition represents the second update and third edition of the Code. The update process is based on the code development cycle of the national model building codes which serve as the “foundation” codes for the Florida Building Code. National model building codes and most engineering standards are updated every three years and the intent is to keep the Code up-to-date with evolving national standards of health, safety and welfare of the public. In 2008 Chairman Rodriguez will appoint a study committee which will develop recommendations which the Commission will consider and adopt following a public hearing conducted in mid-year 2008.

2007 LEGISLATIVE ASSIGNMENTS

2007 WIND RELATED RECOMMENDATIONS

Coastal Code Plus Criteria for Increasing the Hurricane Resistance of Buildings

The Commission voted unanimously to contract with Applied Research Associates (ARA)/University of Florida to fund a new research project to develop insurance qualifying criteria for buildings built within 2500 feet of the coast after 2009. The Commission originally established a performance goal of developing criteria based on a 250 year storm event. Subsequently, at the October 2007 meeting the Commission voted to proceed with a 500 year windspeed return period, design exposure Category C, and no reductions allowed, for the coastal code plus performance criteria.

Wind Mitigation Retrofits—Rule Adoption on Rule 9B-3.0475

At the June 2007 meeting the Commission conducted a rule development workshop on wind mitigation retrofits in order to implement the 2007 legislative direction regarding developing mitigation techniques for the retrofit of existing site-built residential buildings. In addition, at the request of stakeholders the Commission conducted a facilitated workshop in Tampa on August 8, 2007 and participants provided recommendations for the Commission’s consideration regarding the legislative directive. At the August 2007 meeting the Commission conducted a rule adoption hearing and voted to adopt the first edition of prescriptive techniques for required hurricane mitigation retrofit of homes by deck nailing, secondary water barriers installation, and roof to wall connections enhancement when a roof is replaced and voluntary gable end bracing in time for the Legislature’s mandated implementation date of October 1, 2007. The Commission also voted to support the Florida Roofing and Sheet Metal Association’s request that the Legislature delay implementation of the mitigation requirements. The Commission recommended that the Florida Legislature delay the implementation date to October 1, 2008 allowing adoption of the rule through the Commission’s Glitch Amendments to the 2007 Florida Building Code process. The reason(s) for the recommended delay included the issues identified by stakeholders during the rule adoption hearing (i.e., licensure issues, permitting issues, liability issues, inspection and enforcement issues, structural efficacy issues regarding the roof-to-wall requirements, and the need to conduct a comprehensive review and development of recommendations working with all interested stakeholders). In order to comply with the 2007 Legislature’s direction for an October 1, 2007 implementation date, at the August 2007 Commission meeting the Commission adopted Rule 9B-3.0475, Wind Mitigation retrofits. However, during the rule development process the public identified numerous concerns with some of the Rule’s requirement including the roof to wall connection provisions, and as a result the Commission acknowledged that the current draft needs enhancements and the Commission committed to working with stakeholders during the Glitch Code process to consider enhancements to the Rule. As a result Chairman Rodriguez appointed a Wind Mitigation Workgroup to develop recommendations to the Commission on the wind mitigation provisions for implementation during the glitch code amendment process.

Florida Building Code Wind-Borne Debris Protection—Rule Adoption Hearing on Rule 9B-3.047 In order to implement the legislative requirements from the special session regarding eliminating wind-borne debris protection exceptions (the Panhandle windborne debris region requirements) less stringent than those of the 2006 IBC and IRC by June 1, 2007, the Commission voted unanimously at the March 2007 meeting to limit the scope of rulemaking for Rule 9B-3.047 regarding implementing the legislative requirements to the following: revising the wind speed map to remove the Panhandle exception to the wind-borne debris region, revising the definition of “Wind Borne Debris Region” to remove the Panhandle exception, and removing the interior pressure design option from the Code, and to conduct only a rule adoption hearing without a rule development workshop. The rule development adopted the ASCE-7 120 mph and greater criteria for WBD regions in the Panhandle to be consistent with the rest of the State, with the exception of the higher requirements for the HVHZ. The adopted provisions define the Wind-Borne Debris Region as follows: portions of hurricane-prone regions that are within 1 mile of the coastal mean high water line where the basic wind speed is 110 mph or greater, or portions of hurricane-prone regions where the basis wind speed is 120 mph or greater.

The March 2007 rule adoption hearing was the final step in adopting the wind-borne debris protection requirements by the July 1, 2007 date mandated by the Florida Legislature. At the conclusion of the hearing the Commission voted unanimously to accept the rule language as drafted, and to proceed with rule adoption for Rule 9B-3.047, Florida Building Code Wind-Borne Debris Protection as required by the Florida Legislature.

Of note, one of the Legislative mandates pertaining to wind speed lines in the Panhandle and prohibiting the internal pressure design option throughout the State was codified in Florida Statutes at Section 553.731. The result is that Florida Law currently recognizes ASCE 7-02 as the minimum standard for wind resistant construction in the State notwithstanding the status of the Code and any developments to the standard subsequent to 2002 despite the fact that the bill adopting the source language of the statute specifically and intentionally intended its effect to be superceded by Commission rulemaking. The Commission has consistently opposed identification of standards in statute and advocates for repeal of this provision.

Elimination of the “Design for Internal Pressure” Option for Buildings in Wind-Borne Debris Regions

With the adoption of the 2007 Florida Building Code the Commission implemented the legislative mandate to eliminate the interior pressure design option in the Code for buildings in the wind-borne debris regions of Florida consistent with provisions of the IBC and IRC. This change requires that windows in buildings located in wind-borne debris regions shall have glazed openings protected from wind-borne debris, and may no longer be designed as a partially enclosed building.

Delayed Implementation of Design for Internal Pressure

In accordance with the requirements of CS for SB 2498, the Commission notified building departments and the construction industry of the legislatively prescribed delay and new implementation date of June 1, 2007.

OTHER 2007 LEGISLATIVE ASSIGNMENTS RECOMMENDATIONS

Carbon Monoxide Detectors—Rule Adoption on Rule 9B-3.0472

At the June 2007 meeting the Commission conducted a rule development workshop on carbon monoxide detectors in order to implement the 2007 legislative direction regarding the issue. The rule requires CO detectors in buildings with fossil fuel burning heater, or appliance, fireplace, or attached garage rooms used for sleeping purposes. In August of 2007 the Commission conducted a rule adoption hearing as the final step in the process to finalize the rule. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-3.0472, Carbon Monoxide Detectors, integrating and noticing the approved changes recommended by the Mechanical and Electrical TAC’s and proceeding with rule adoption without conducting an additional hearing. Specific carbon monoxide detector criteria will be developed and adopted into the Code during the 2008 Glitch Code process.

Electrical Bonding of Pool Decks—Rule Adoption on Rule 9B-3.0477

At the June 2007 meeting the Commission conducted a rule development workshop on electrical bonding of pool decks in order to implement the 2007 legislative direction regarding the issue.

In August of 2007 the Commission conducted a rule adoption hearing as the final step in the process to finalize the rule. At the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-3.0477, Electrical Bonding of Pool Decks, by filing the Rule.

Gravel Roof Covering Research. The Commission contracted with the University of Florida to conduct a literature review regarding gravel roof coverings in order to assist the Commission in completing their legislative assignment regarding whether gravel or stone roofing systems should be eliminated from the Code per the 2006 International Building Code. The Commission is documenting and evaluating the following issues for determining whether to eliminate the systems from Code:

· Scientific basis or reason for elimination,

· An available alternative equivalent in cost and durability,

· Whether elimination will unnecessarily restrict or eliminate business or consumer choice in roofing systems,

· And in coordination with Fish and Wildlife Conservation Commission, whether elimination will negatively affect the nesting habitat of any species of nesting bird.

Education on Code Changes

The Commission voted unanimously to amend an existing contract with Building a Save Florida (BASF) to design and provide education and training on 2007 special session legislation including the changes revising the wind speed map to remove the Panhandle exception to the wind-borne debris region, revising the definition of “Wind Borne Debris Region” to remove the Panhandle exception, removing the interior pressure design option from the Code, and insurance discounts for complying.

Sprinklering Existing Portions of Warehouse Expansions

In accordance with the requirements of CS for SB 404, the Commission posted notice of the statutory requirements on the Commission’s website and notified building departments and BOAF regarding the removal of the Florida specific Code requirements that required adding sprinklers to existing portions of a warehouse when the building was expanded. The new statutorily mandated provisions, that do not require adding sprinklers to existing warehouse portions providing they meet other requirements, were implemented with the adoption of the 2007 Florida Building Code.

COMMISSION 2007 ENERGY RELATED RECOMMENDATIONS

Energy Code Evaluation

The Commission evaluated the Energy Code provisions of the Florida Energy Code during the 2007 Code Update process and effected enhancements with the adoption of the 2007 Florida Building Code. The following major changes were made to Chapter 13 of the Florida Building Code, Building:

Performance-based requirements were removed from the text and added to the appendices.

Residential Code

In minor areas where the residential Baseline features differed from those in the International Energy Conservation Code (IECC), Baseline features were revised to reflect those in Section 404 of the IECC.
The performance-based code compliance tool (Method A) was replaced with a more comprehensive computer program, EnergyGauge USA.
The old hand calculation (Alternate Method A) was retained in an appendix.
The prescriptive compliance method (Method B) was revised to a single list of requirements comparable to those in the Section 402 of the IECC, although glazing was limited to 16 % of floor area when using this method.
Residential energy code provisions were included in the Florida Building Code, Residential, as Chapter 11 and Appendix G.

Commercial Code

Updated to the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE) Standard 90.1-2004.

Energy Efficiency and Moisture Control in the Florida Climate Forum

As a result of an identified need, Chairman Rodriguez announced that there would be a “Symposium on Energy Efficiency and Humidity Control in Florida Homes”. The idea for the Symposium derived from discussions at the Energy Code Work Group meetings, primarily between the window manufacturers and air conditioner manufacturers. The Workgroup process identified the need for a technical forum to discuss how energy efficiency measures that effect "sensible heat" gains impact air conditioning equipment's ability to control indoor humidity. Industry stakeholder put this workshop together with the help of Commission staff. The goal of the Symposium is to create a broader base of understanding on how building envelope energy efficiency measures interact with air conditioning systems so we can better plot a strategy to improve energy efficiency while maintaining healthy indoor environments.

The “Symposium on Energy Efficiency and Humidity Control in Florida Homes” was held on February 28, 2007 in Tampa, at the Doubletree Hotel, Tampa Westshore Airport location. Two factors led to the organization of the Commission-sponsored symposium on energy efficiency and humidity control of February 2007. First, the uncertainties regarding humidity control with current construction practices and new air-conditioning equipment complying with federal SEER standards. Second, the renewed interest in energy conservation by the Florida Legislature and advocacy for national efficiency standards at the Commission. The purpose of the symposium was to educate non-air-conditioning professionals on the humidity control challenge and to identify actions that can be taken and options that can be pursued to maintain humidity control and healthy environments while enhancing energy conservation standards for Florida buildings.

Symposium participants identified two major options to be pursued through several actions. The first, and potentially most difficult, is education of the air-conditioning service industry, homebuilders and consumers about the humidity control and indoor air quality problems resulting from equipment over-sizing and poor air distribution systems. The second is to work with equipment manufacturer’s research and development teams to develop design parameters for equipment that can reliably increase the latent load removal capacity of equipment. The three major manufacturers represented at the symposium committed to working on improved equipment. These two paths provide the Commission with opportunities to keep in balance, while advancing, the two primary policies of the State:, energy conservation and healthy indoor environments. The Commission continues to work with stakeholders to ensure the Florida energy Code contains energy efficient provisions based on sound science and implementable technology.

Forum participants agreed on and prioritized the following eight key issues: proper design considerations/ standards (sizing), education & training on how all components interact, enforcement & compliance, changes to the Building Code, cost/benefit considerations, research, the interface between technologies & how they work as a system (technologies includes building practices & techniques), and the pace of implementation and incorporating feedback from stakeholders for implementation.

An education and outreach plan is being developed and coordinated with the Commission’s Education and Outreach Program coordinator for implementation.

Green Building Workgroup

The Green Building Workgroup is working with FSEC to develop recommendations for a model efficiency ordinance for residential development. FSEC will provide additional research and support by identifying and soliciting input from local governments and other organizations with current and developing initiatives for energy conservation, green building and sustainable development, including but not limited to, energy and water conservation and hurricane resistant buildings and communities.

The Green Building Workgroup is working with FSEC to develop recommendations for

developing and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green and implement the components deemed feasible within the funds

available through this contract. The public awareness campaign shall include website, trade

show, print media and television strategies. FSEC will provide additional research and support by identifying strategies for using print advertising, press releases, and television advertising to promote voluntary utilization of energy efficiency and green building practices and to present recommendations to the Commission at the December 2007 meeting for approval. The campaign focuses on the benefits of promoting energy efficiency to the purchasers of new homes, the various green building ratings and labels available, and the promotion of various energy-efficient products through existing trade shows. The Workgroup met three times in 2007 and developed a package of consensus recommendations for the Commission to consider at their December 2007 meeting. The Workgroup process commenced with a Forum where all participants were invited to provide their recommendations which were compiled and presented to the Workgroup for evaluation. The Workgroup met throughout the fall of 2007 and was able to evaluate and reach consensus on a broad sweet of options regarding recommendations for a model efficiency ordinance for residential development, and implementing a public awareness campaign that promotes energy efficiency and the benefits of building green.

The website plan is for a comprehensive single-source website that will be developed in two phases. The key components of each phase is as follows:

Phase One – Completion by January 01, 2008

Solicit additional input from public and interested parties regarding inclusive content
Determine most effective content organization
Explain cost vs. benefits of energy and water efficiency
Provide links to all Florida utility energy analysis tools
Provide a consolidated list of energy efficiency tips
Provide links to relevant Web sites
Provide list of rebates and incentives
Provide frequently asked questions and answers

Phase Two – June 20, 2008

Develop a Florida-specific energy calculation tool
Showcase Florida green buildings
Provide testimonials of green building owners
Provide case studies of near zero energy homes and buildings
Provide green maintenance and operation practices for building owners
Develop database of local and state green ordinances
Develop database of financial incentives, including rebates and energy-efficient mortgages
Updating of Energy Efficiency Standards for Energy Using Products

Amend the Florida Appliance Efficiency Standards to Require 15% More Efficiency

The Department of Community Affairs (DCA) is working with a consultant to develop recommendations for the Commission’s evaluation and delivery to the 2008 Florida Legislature.

Energy Code Evaluation for Residential Cost-Effective Baseline and Commercial Conservation Enhancements

The Commission is funding research in order to evaluate the Florida Energy Code for residential cost effective baseline, commercial conservation enhancements, and comparison to the IECC, ASHRAE 90.1 and 90.2.. The consultant will deliver recommendations to the Commission’s Energy TAC who will develop recommendations to the Commission for delivery to the 2008 Florida Legislature.

Amend the Florida Energy Code to Require 15% More Efficiency in Buildings

Governor Crist issued Executive Order 07-127 establishing actions to reduce greenhouse gas emissions within Florida, and a component of the EO has an impact on the energy performance requirements of the Florida Energy Code. DCA Secretary Tom Pelham attended the Commission’s October 2007 meeting to detail the Governor’s requirements. Secretary Pelham reported that Governor Crist has committed his Administration to charting a new direction in energy policy in Florida. The Secretary stated that in Executive Order 07-127 the Governor made two statements that require immediate attention:

“Global climate change is one of the most important issues facing the State of Florida this

century” and,

Immediate actions are available and required to reduce emissions of greenhouse gases within

Florida.”

The Executive Order directs the Department of Community Affairs and the Florida Building

Commission to work together to revise the Florida Energy Code for Building Construction to

increase the energy performance of new construction in Florida by at least 15 percent.

It also instructs DCA to initiate rulemaking on Florida appliance efficiency standards, with the

objective of increasing the efficiency of appliances by 15 percent. The Governor has charged

DCA and the Commission with accomplishing these tasks by 2009.

The Commission is currently reviewing energy related code amendments adopted in the 2007 Florida Building Code Update to determine their cumulative level of increased efficiency, and the Commission will adopt additional amendment required to achieve Governor Crist’s directive of 15% increased efficiency by January 1, 2009 using procedures of Part VI, Chapter 553, F.S. The Energy Code will be amended by administrative rule authorized by that part then the revised Energy Code will be adopted into the 2007 Florida Building Code during the 2008 “glitch” cycle and in advance of the effective date of the 2007 Florida Building Code.

Implementation of Electrical System Requirements of the Energy Efficiency Code

In 2006, the Commission convened a Forum on Energy Code Electrical Requirements Enforcement to review concerns and discuss issues related to the implementation of Energy Code electrical requirements from an enforcement perspective. The concern is how 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 reports indicate that some regions of the State have not been enforcing the provisions. In order to ensure that the Energy Code’s electrical requirements are being uniformly enforced across the State, the Commission charged DCA staff with developing a workplan to implement the education and outreach recommendations for enforcing the Energy Code’s electrical provisions.

During 2007 notices regarding the current electrical provisions were placed on the Commission and BOAF websites, BOAF developed and conducted an education training course on the issue, and the topic was included in the Education and Outreach contract for FY 2007/2008.

OTHER COMMISSION 2007 INITIATIVES

Termite Workgroup Recommendations

Chairman Rodriguez appointment a termite workgroup to consider proposals for enhancing the Code’s termite provisions. The Workgroup was conducted as a facilitated stakeholder consensus-building process, and during 2006 the Workgroup developed recommendations on proposed code amendments and enhancements to the existing termite provisions in the Florida Building Code.

During 2007 the Workgroup was reconvened and given a Phase II scope and purpose to consider two issues referred by the Structural TAC from the March 2007 TAC review process for proposed modifications for the 2007 Code Update process. The first issue was to consider options for addressing the potential for termite entry though the annular space created from sleeved pipes penetrating foundations, identified in “modification 2009” proposed to amend Chapter 1816.2.

The second issue was to review a proposal regarding Termite Resistant Materials proposed to amend R320.

Of particular note is the collaboration between the Commission and the Department of Agriculture and Consumer Services (DACS) to review and propose revisions to the Code’s termite provisions.

Following are the Workgroup’s consensus recommendations:

Sleeving of pipes to prevent termite entry:

When protective sleeving is used, the nominal thickness of the sleeving shall be 0.025”, and shall be sized appropriately relative to the pipe’s size, and shall be sealed within the slab using a non-corrosive mechanical clamping device to eliminate the annular space between the pipe and pipe sleeve.

Code recommendation:

Regarding the proposed modification to R320, Termite Resistant Materials the Workgroup reviewed and agreed not to support any of the code proposals for changes to this section of the Code. The Workgroup determined that the existing Code adequately addressed the issue of termite resistant materials and the proposed changes provided no enhancements to the Code.

Windows Workgroup Recommendations

Chairman Rodriguez appointment a Window Labeling Workgroup whose purpose was to provide recommendations for providing 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 developed recommendations to the Florida Building Commission regarding the window labeling provisions of the Florida Building Code during 2006, and the recommendations were implemented through the adoption of the 2007 Florida Building Code. During 2007 the Workgroup was charged with developing consensus recommendations for a template for installation instructions submitted for product approval submittals which were adopted by the Commission and integrated into the Product Approval Rule. Following are the Workgroup’s consensus recommendations:

Installation instructions shall indicate the following:

The maximum rough opening gap between the product and the substrate that it is being attached to.

The type, and grade of anchor, and/or manufacturers anchor specifications; including minimum nominal size, minimum penetration into substrate, and minimum edge distances.

The type, physical dimensions, material and grade of any accessory item or strap, if applicable.

The spacing of anchors, shims, accessory items and straps.

Illustrated diagrams of the attachment of the product to the structure.

Code Administration Assessment Project Update

One of the Florida Building Commission’s responsibilities is making a continual study of the Florida Building Code and related laws, and on a triennial basis reporting findings and recommendations to the Legislature. The first triennial assessment was conducted in 2005 and recommendations were reported to the 2006 Legislature. A variety of issues were identified during the course of the assessment survey and Ad Hoc Committee review process, and one of the recommendations developed and adopted by the Commission was to conduct an assessment of local building officials on their needs regarding administration of the Florida Building Code (Code). Some of the key issues identified during the review process included training and education, communication and outreach, staffing and qualifications, interpretations and appeals, funding, and state oversight.

Local administration and enforcement of the Code is one of the key foundations of the Building Code System, and during 2007 the Commission sought the views of local jurisdictions—of all sizes and in all geographic regions of the State—on their perspectives and needs regarding the local administration of the Code, as well as their recommendations for measures to improve the uniform and effective enforcement of the Code, including how the Commission could best assist local jurisdictions relative to the administration of the Florida Building Code. The Florida Conflict Resolution Consortium at Florida State University (http://consensus.fsu.edu/) designed and conducted an on-line survey in order to ensure that the needs and views of the broadest possible spectrum of local jurisdictions were considered during the survey which was linked to BOAF’s website and distributed to BOAF’s members. The Survey was completed and reviewed with the Commission at the October 2008 meeting.

The code administration assessment survey was the first step in the process of evaluating the enforcement aspects of the Florida Building Code System and will serve as the basis for an assessment report with recommendations in 2008, followed by a review of the topic by the Commission’s Code Administration TAC, who will in turn make recommendations to the Commission.

BUILDING CODE SYSTEM

FBC and FFPC Duplicate Provisions and Overlapping Responsibilities

The Florida Building Code and the Florida Fire Prevention Code, by design, contain overlapping technical provisions in order to ensure that buildings are designed and constructed with life-safety considerations as an integral part of both. In order to design buildings of certain size and occupancies both codes must be used together and one code may trigger the use of the other. In some instances the same provisions are in both codes, this is referred to as duplicate provisions.

In other instances one code may reference the other, and in a few cases the two codes have conflicting requirements. In addition, the enforcement of the two codes, from plans review through final inspection, involve building and fire officials at the local, and in the case of fire, sometimes at the State level.

The Joint Fire TAC and Fire Code Advisory Council continued to meet throughout 2007 to consider how to clarify/resolve issues regarding the duplicate provisions and overlapping responsibilities between the Florida Building Code and the Florida Fire Prevention Code. The Joint TAC achieved consensus on the following policy in regards to overlapping responsibilities and code provisions between the FBC and FFPC.

Continue to utilize Florida Statutory provisions as the tool to resolve conflicts. Continue to review both codes to correct conflicts. There will continue to be a consistent review of both codes.

In conformance with the Commission’s policy decision, that conflicts between the codes should be identified and resolved on an ongoing basis, the Joint TAC reviewed specific code requirements for recommendations to the Commission regarding proposed amendments to the 2004 Code during the 2007 Code Update process by resolving specific conflicts between the respective codes regarding path of travel conflicts between the Codes. The TAC’s recommendations were ultimately adopted by the Commission and implemented during the 2007 Code Update process.

PRODUCT APPROVAL SYSTEM

Product Approval Rule Amendments

With the significant enhancements to the Product Approval system implemented through revisions through Rule 9B-72, State Product Approval—details of the revisions were described in the 2006 and 2007 Reports to the Legislature—and the hiring of a Product Approval administrator to process applications, the Product Approval System is functioning more efficiently and user satisfaction, as determined by surveys, is very high.

The new revisions included clarifications to the Rule’s various provisions, and enhancements to the application review process including requiring additional supporting documentation. The Rule revisions include implementing the statutory requirement to remove provisions related to local approval from the State system. In addition, the rule revisions clarify the technical documentation required for compliance using testing and evaluation reports. Enhancements to the rule also included items such as requiring installation documents to be submitted for all compliance methods including the verification of the instillation requirements by qualified entities. The Commission concluded rulemaking to implement enhancements to the validation requirements of the Product Approval Rule in October of 2007, and adopted additional Product Approval POC recommendations for revisions to the Rule including product validation criteria and the integration of the Window Labeling Workgroup’s consensus recommendations for requirements for installation instruction submittals for product approval applications. Working with stakeholders the Commission also clarified instructions for how manufactures may obtain product approval via associations.

Another major enhancement to the Product Approval system is the complete revamping of the BCIS website/database, using state-of-the-art computer software and web-design. The new website is more user friendly and provides formatting with screens that are more specific to the product model(s), and providing more detailed summary screens.

During 2007 the Commission implemented the following changes to the BCIS:

1. March 2007: Manufactured Buildings Module Deployment was added.

2. June 2007: Several Binding Interpretations enhancements including requiring the attachment of the Petition Submitted to Board, and the Board’s Final Order, adding email communication to BOAF and DCA throughout the Petition and Binding Interpretation process, and updating the system to ensure the Petition # and Binding Interpretation # match.

3. June 2007: Tree Structure pages per system module were added.

4. July 2007: Product Approval Administrator changeover was effected.

5. August 2007: Additional Product Approval search capabilities were added to the system.

Since inception, the Commission has approved 2,393 product applications under the 2001 Florida Building Code, and 4,926 product applications under the 2004 Florida Building Code. In addition, the Commission approved 62 testing laboratories, 30 quality assurance entities, 7 accreditation bodies, 5 evaluation entities, 15 certification agencies, and 23 evaluation entities. In addition, the Commission has approved 20,166 products under the 2004 Code. Following are relevant product approval system statistics since inception:

Applications Inception to 11/6/2007 1/1/2007 to 11/6/2007

Approved 2001 Applications 2,394 2

Approved 2004 Applications 4,926 1,423

Products Inception to 11/6/2007 1/1/2007 to 11/6/2007

Approved 2001 Products 11,918 3

Approved 2004 Products 20,166 4,279

Entities Inception to 11/6/2007 1/1/2007 to 11/6/2007

Approved Testing Laboratories (TST)

Not Expired 41 4

Including Expired 62 4

Approved Quality Assurance Entities (QUA

Not Expired 23 2

Including Expired 30 2

Approved Accreditation Bodies (ACC)

Not Expired 6 0

Including Expired 7 0

Approved Evaluation Entities (EVL)

Not Expired 5 0

Including Expired 5 0

Approved Certification Agencies (CER)

Not Expired 14 1

Including Expired 15 1

Approved Validation Entities (VAL)

Not Expired 17 1

Including Expired 23 1

EDUCATION SYSTEM

The state building code system, first established in 1974, was overhauled in 1998 to improve its effectiveness. The Legislature recognized the effectiveness of the Florida Building Code depended on the various participants’ knowledge of the codes. The Building Code Training Program was intended to improve compliance and enforcement by providing a focus for code-related education through coordination of existing training resources, including those of universities, community colleges, vocational technical schools, private construction schools and industry and professional associations.

During 2007 the Commission’s Education Program Oversight Committee (POC), working with the program administrator and other entities, developed outreach initiatives for Florida construction and design industries for the purpose of ensuring these licensees are informed about Florida Building Code requirements and aware of specific duties there under. Initiatives developed include outreach for mandates such as changes in code, law, and standards; outreach to inform licensees of resources, training opportunities, and reminders of obligations; and outreach on technical information and compliance requirements.

The POC drafted education outreach programs through a clearinghouse to achieve the ultimate goal of ensuring licensee understanding and compliance. A primary role of the clearinghouse for education outreach programs is to ensure that all licensees (and others) have access to as much information as possible, including available education providers and courses, resources, and sources of codes-related information both technical and practical and have a means for providing input to determine the need for education and outreach.

The Commission coordinated outreach education program availability through the use of a structure that includes an informational website, access to materials and courses, possible use of mailings and presentations, and a mechanism for telephone, facsimile, or electronic mail inquiries. Crucial to this coordination is participation from the respective licensee trade and professional associations.

The POC worked to coordinate advanced course subjects as first proposed by the Building Codes Education and Outreach Council* for development of a list of topics that education providers can develop to assist licensees in meeting their continuing education requirements and improving Florida Building Code knowledge and compliance. The complete list is available in the final report of the Building Code Education and Outreach Council Administrator and includes such topics as accessibility, water conservation through storm water design, roof gardens and green roofs, LEED related topics (landscape architecture perspective), several topics relating to the Florida Energy Code and the Florida Building Fire Prevention Codes, and more. In addition to course topics, a way to encourage development of a greater number of courses was also proposed.

A work plan was drafted for approved subject education and training through the use of surveys and resulting recommendations and input for modifications to the established processes and systems for course review and approval and access to information about courses. The work plan includes four steps as follows: 1) identify training needs in a systematic manner; 2) share survey results with regulatory (licensing) boards and associations and seek feedback or change; 3) ensure further research and discussion with education providers on education needs and available courses; and 4) improve access to information for all licensees about available courses in a way that allows education providers to focus on course presentation, rather than marketing the availability of courses. In addition, an initiative for remedial education and training was proposed as a separate and distinct program to address areas where compliance or comprehension are a problem.

The POC developed and Commission approved a list of proposed course subjects that updates and augments the earlier developed list. The complete list is available in the final report of the Building Code Education and Outreach Council Administrator and includes such topics as a greater variety of roofing courses, how to build green, fire walls, doors, and smoke detectors, coastal or steel inspections, building department management, understanding and applying Florida Building Code for facilities in the high-velocity hurricane zone for engineers, understanding and applying Florida Energy Code commercial building compliance methods for HVAC systems and calculations for total building compliance and for lighting and electrical systems, and more.

An overarching conclusion, detailed in the report of the Building Codes Education and Outreach Council Administrator, is that education and training for the design and construction industries in Florida will benefit greatly from a well-developed single source of information so that all interested parties can go to one entity and one location to find information on available courses, licensing requirements, related materials, and opportunities for course development. Access to such information and materials must be such that it is easy and useful for infrequent users, and it must be based primarily on the needs of the affected licensees required to comply with the Florida Building Code. The ways to accomplish the needed changes are:

Ÿ Bring together in one place all information relating to available and approved continuing education courses including all types of courses

Ÿ With all information gathered, determine if and where gaps exist

Ÿ Take steps to close the gaps

Ÿ Encourage interaction and sharing among education providers

Ÿ Address practical process problems for providers and licensees

Ÿ Address access problems for licensees

Ÿ Eliminate existing barriers to development of a greater number and variety of advanced codes courses

Ÿ Expand and adjust the available methods of delivery of courses

Ÿ Develop distinct structure and criteria for remedial courses

Ÿ Address timing conflicts and discrepancies that exist for continuing education

*The Building Codes Education and Outreach Council was repealed by the Florida Legislature in chapter 2007-187, Laws of Florida, now in effect.

Manufactured Buildings Program

The Manufactured (Modular) Buildings Program is authorized under Chapter 553, Part I F.S. and Rule 9B-1, FAC, and regulates all factory-built buildings constructed to the Florida Building Code (FBC), of closed construction (excluding HUD standard mobile homes). All approved buildings must bear the Department of Community Affairs (DCA) Insignia, which attests to compliance with the FBC prior to leaving the factory.

Certification of manufacturers’ facilities, quality assurance manuals, plan reviews, product approval and in-plant inspections of modular buildings are performed by state approved Third Party Agencies, licensed under the Department of Business & Professional Regulation, and acting as an agent for the State.

The sale of modular buildings in Florida is a multi-hundred million dollar industry, largely due to State growth and hurricanes, exemplified by the FY07-08 sales of DCA insignias as follows:

Storage Sheds 8199

Portable Classrooms 3862 (573 new and 3289 existing buildings)

Residential 295

Commercial 550

Recertifications 190

In 2007, the Commission conducted rulemaking changes to the Manufactured Buildings Rule 9B-1, FAC. The changes were intended to clarify the programmatic procedures of the Manufactured (Modular) Buildings Program. These changes include refinements to the following sections of the rule: Procedures; Definitions; Fees; Inspections & Insignias.

In addition, the Manufactured Buildings Program module on the Building Code Information System (BCIS) underwent a major update in early 2007 to reflect rule and programmatic changes in a new more user friendly format. A collaborative initiative between DCA and the Building Code Administrators and Inspectors Board resulted in rule change(s) in 2007 to allow more licensees to conduct plan reviews and inspections of modular buildings.

Prototype Building Program

The Florida Prototype Building Program (FPBP) is a plan review and approval system that allows businesses to simplify the permitting process across the state. Buildings and structures to be constructed multiple times in different locations can undergo plan review once, saving time, money and effort. Authorized by Florida Statute 553.77 in 2000, the program came on-line May 12, 2003 as part of the Department of Community Affairs’ Building Code Information System website: ww.floridabuilding.org.

One of the first goals of the Program was to inform the designers and developers/builders of the availability and potential benefits of the Prototype Building Program. Because it was a revolutionary new program, the Program met with resistance from some building departments and skepticism from potential users. Several concerns identified by the building departments stemmed from their experiences with “Master Plans” filed at the local level. Building departments were also concerned with having the Prototype Plans properly reviewed. Some building departments questioned an “outside” organization’s capability of doing the job correctly. Designers of commercial buildings were among the first to express interest in the Prototype Program. From inception through repeal, the Program had 109 prototype plan use requests, and 5 plan reviews were conducted.

As a result of low Program usage the administrator decided not to pursue a continuation of the contract at the conclusion of FY 2006/2007 (June 30, 2007), and the Commission was unable to secure another administrator even after two RFP’s were issued. At the May 2007 meeting the Commission voted to conduct a rule development workshop on Prototype Buildings to decide how to deal with the Program not having an administrator after June 20, 2007. The Program Oversight Committee made an effort to locate another program administrator, but due to a variety of factors there were no interested parties willing to continue with the program. As a result, at the June meeting the Commission conducted a rule development workshop and voted to repeal the program. The August rule adoption hearing was the final step in the process to repeal the program, and at the conclusion of the hearing the Commission voted unanimously to proceed with rule adoption for Rule 9B-74, the Prototype Building Rule by filing the rule to repeal the Program.

COMMISSION MILESTONES FOR 2007

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

February 2007 Commission conducts rule adoption hearing on Rule 9B-70, the Building Code Training Program, and conducts rule development workshops on Rule 9B-72, the Product Approval Rule, and Rule 9B-3, the Florida Building Commission Rule. The Commission adopts process for TAC review of code amendments for the 2007 Code update process, authorizes funding for hurricane research projects, and approves final Report to the 2007 Legislature.

March 2007 Commission TAC’s review and develop recommendations on proposed amendments to the 2007 Edition of the Florida Building Code. Commission conducts a supplemental rule development workshop on Rule 9B-72, Product Approval, rule development workshop on Rule 9B-3.004, Florida Building Commission, rule development workshop on Rule 9B-3.050, Florida Building Commission, rule development workshop on Rule 9B-7, Florida Building Commission, and a rule adoption hearing on Rule 9B-3.047, Florida Building Code Wind-Borne Debris Protection.

May 2007 Commission’s TAC’s review staff’s recommendations regarding integration of Florida Specific amendments for inclusion in the 2007 Edition of the Florida Building Code. Commission conducts additional supplemental rule development workshop on Rule 9B-72, the Product Approval Rule, and integrates the Window Labeling Workgroup’s recommendations for installation instructions required for product approval submittal. Chairman Rodriguez revises the name and scope of the Window Labeling Workgroup to the Windows Workgroup to address the issue of water infiltration and related issues, respectively.

June 2007 Commission’s TAC’s review comments on TAC’s Code recommendations. Commission conducts rule development workshops on: Rule 9B-74, Prototype Building, Rule 9B-3.0472, Carbon Monoxide Detectors, Rule 9B- 3.0475, Wind Mitigation Retrofits, Rule 9B-3.0477, Electrical Bonding of Pool Decks, and Rule 9B-3.047, The Florida Building Code.

Commission conducts rule adoption hearings on: Rule 9B-3.004, Florida Building Commission, Rule 9B-3.050, Florida Building Commission,

Rule 9B-7, Florida Accessibility Code, and Rule 9B-72, Product Approval.

Chairman Rodriguez announces formation of Association Product Approval

Workgroup.

August 2007 Commission conducts supplemental rule adoption hearings on Rule 9B- 7.0042, Florida Accessibility Code and Rule 9B-72, Product Approval.

Commission conducts rule adoption hearings on: Rule 9B-7.003, Florida Accessibility Code, Rule 9B-74, Prototype Building, Rule 9B-3.0472, Carbon Monoxide Detectors, Rule 9B-3.0475, Wind Mitigation Retrofits, Rule 9B- 3.0477, Electrical Bonding of Pool Decks, and Rule 9B-3.047, Florida Building Code. Commission reviews Code Administration Assessment project survey of building officials.

October 2007 Commission conducts supplemental rule adoption hearings on Rule 9B-7.042, Florida Accessibility Code and Rule 9B-72, Product Approval. Commission receives Governor’s directive to increase energy performance requirements by 15% in the Florida Energy Code. Commission conducts Green Building Forum and creates a Green Building Workgroup. Commission adopts criteria for coastal code plus performance goal of a 500 year recurrence interval, with Exposure C throughout and no reduction of windspeed from the Code minimum allowed for areas where wind maps predict lower speeds. Commission Chair creates Wind Mitigation Workgroup.

December 2007

CASE STUDY OF FLORIDA BUILDING COMMISSION PROJECT

This case study appears on the Policy Consensus Initiative (PCI) website and is available as a PDF document.

http://www.policyconsensus.org

Case Study: Building Consensus Statewide on a Building Code

Following Hurricane Andrew in 1992, Florida experienced record-breaking insurance losses resulting in a crisis affecting every homeowner in the state. The Governor appointed a Building Code Study Commission, The Florida Conflict Resolution Consortium designed and facilitated a two-year study and deliberation process with the 28 members representing a range of interests in the public and private sectors, through which the Commission evaluated the building code system.

The study revealed that building code adoption and enforcement was inconsistent throughout the state and even local codes thought to be the strongest proved inadequate when tested by major hurricane events. The consequences were devastation to lives and economies and a statewide property insurance crisis. The Commission recommended reform of the state building construction system which placed emphasis on uniformity and accountability.

The legislature enacted the consensus recommendations into law in 1998. In late 1998, the Consortium was asked by the Commission's chair to assist the newly created Florida Building Commission in its effort to build consensus for a uniform building code proposal. A complex consensus building process was put in place that included designing and facilitating meetings of 11 balanced technical advisory groups of 15 members each appointed by the Commission, as well as the Commission's meetings.

The Consortium designed and led a series of facilitated public workshops around the state for the Commission to receive input on its draft products. After public comment was obtained, the Commission refined the Code and presented it to the 2000 Florida Legislature for review and approval.

The Florida legislature enacted the new Florida Building Code and directed the Commission to continue to build consensus on key topics involved in its implementation, including product approvals and other controversial issues. The Consortium continues to assist the Commission and its Technical Advisory Committees and Special Issues Workgroups at each of its meetings.

The Florida Building Commission is a 23 member Governor appointed stakeholder group who successfully created, implemented, and maintains the new statewide Florida Building Code. Commission Chair Rodriguez, praised the consensus process that has resulted in the code decisions thus far. “I am absolutely in awe of this process. The intent is not to compromise, because one does not compromise on issues of life safety, but to find and reach consensus on the best way to achieve results the people want.”

The Florida Building Commission (FBC) seeks to develop consensus decisions on its recommendations and policy decisions. The members strive for agreements which all of the members can accept, support, live with or agree not to oppose. In instances where, after vigorously exploring possible ways to enhance the members’ support for the final decision, the Commission finds 100% acceptance or support is not achievable, decisions require at least 75% favorable vote of all members present and voting. This super majority decision rule underscores the importance of actively developing consensus throughout the process on substantive issues with the participation of all members and which all can live with and support. The consensus process is conducted as an open public process with multiple opportunities for the public to provide input to the Commission on substantive issues.

In summary, the Florida Building Commission continues to provide a forum for stake-holders representing different interests to participate in a consensus-building process where issues affecting the construction industry are discussed and evaluated on their technical merits and cost-benefits to the citizens of the State of Florida. In addition, as a result of the Commission’s proven consensus-building process and success in developing consensus on tough issues, the Florida Legislature annually assigns policy issues to the Commission for evaluation and implementation.

FACILITATOR’S SUMMARY OF ISSUES FOR INCLUSION IN THE 2008 REPORT TO THE FLORIDA LEGISLATURE