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Florida Legislative Update
Several Florida state departments met during the first three months of the
year. The following is a summary of some of the important hurricane protection
topics that were covered.
• State officials met in Orlando, FL, February 11 for a workshop to
hear some of the problems and concerns regarding the Building Code Information
System (BCIS). Basically, the officials wrote down the questions they were
asked—most coming from Palm Beach County—and the plan was to obtain
answers.
Many questions involved roof structures, such as would a carport roof be
considered a canopy and not a roof for statewide approval? Are these classified
as roofing or structural components? Would prefabricated buildings that
use metal skins for roofing or walls be required to comply with the rule?
If a product listed as compliance is pending, can it be used? If the statewide
approval is optional, why do we need local product approval?
• On Monday and Tuesday, March 1 and 2, the Building Commission met
and the Product Oversight Committee (POC) met. The following items were
discussed:
The product approval POC was questioned regarding the legality of an architect
or engineer evaluating a product and then serving as the validator of the
evaluation. Prior to this meeting, the POC and DCA staff maintained this
procedure was acceptable. However, at the March 1 meeting the Commission’s
attorney stated this is a conflict of interest and is specifically prohibited
by the Product Approval Rule (9B-72).
The Building Commission has acknowledged an error took place and directed
the staff to bring a recommendation for dealing with the products previously
approved using the same design professional as evaluator and validator.
The most likely course of action will be that manufacturers will be notified
of the error and be given a time frame to provide an independent validation
of the evaluation report. IHPA members who have used the same engineer for
evaluation and validation should begin the work to get an independent evaluation.
• The DCA staff drafted a change to the International Building Code
(IBC) to incorporate the provisions currently in the Florida Building Code
(FBC) related to covering emergency and escape openings with hurricane protection
devices during the threat of a storm.
The IHPA codes consultant, Joe Belcher, objected to the placement of the
provisions and the Commission agreed to change the location. The IHPA codes
consultant will draft the change for the Department of Community Affairs.
Submitted by Doug Thomas
Governmental Affairs Committee
Assited by Joe Belcher
Bill Feeley
Investigation Uncovers Workers' Comp
Fraud
A recent investigation of construction sites highlights the importance of
obtaining workers’ compensation coverage. Two men are facing workers’
compensation fraud charges after investigators with the Florida Dept. of
Financial Services conducted investigations of numerous construction sites
in and around Okeechobee in March.
Investigators with the Division of Insurance Fraud, Bureau of Workers’
Compensation Fraud, said the two men were caught working without the required
coverage and had no prior or current exemption. Failure to secure workers’
compensation insurance is punishable by up to five years in prison and fines.
It was pointed out that employers who avoid paying workers’ compensation
premiums contribute to the rise in workers’ compensation rates and
gain an unfair advantage over competitors. The Bureau has stated that it
will continue to aggressively investigate instances of fraud and abuse of
the workers’ compensation system.
A new online database has been developed to send automatic electronic notification
to primary contractors who sign up for the service, concerning changes to
a subcontractor’s workers’ compensation coverage status. This
free service is available at www.fldfs.com/wc by clicking on the “Construction
Policy Tracking Database” icon.
The Department of Financial Services, Division of Insurance Fraud, investigates
various forms of fraud in insurance including health, life, auto, property
and workers’ compensation insurance. Anyone with information about
this case or another possible fraud scheme should call the department’s
Fraud Busters Hotline at (800) 378-0445. A reward of up to $25,000 may be
offered for information leading to a conviction.
Submitted by Don Leggett, AAI
Membership Committee
Code Q & A: Validation
Many questions have arisen regarding the product approval process in the
Florida Building Code (FBC), especially the topic of “validation.”
Some see this as nothing more than a checklist for such things as making
sure the engineer is licensed, that quality assurance is contracted and
that there is an evaluation report.
Others see the whole idea behind validation as a way to provide a check
of the engineer or architect’s (or any validation entity’s) work
to make certain the evaluation report does, in fact, demonstrate compliance
with the code, and that the proper testing was conducted, that the rational
analysis used the correct assumptions, etc. Basically, a peer review so
that the Commission is not simply “rubber stamping” reports.
A cursory review of the definitions contained in 9B-72.010 (7) and 9B-72.010
(33) and the provisions of 9B-72.080 would seem to indicate this is not
simply a cursory review as some seem to think, but a complete review to
make certain of compliance with the Code or the intent of the Code.
I believe permitting the evaluation entity and the validation entity may
have resulted in some of the problems to which these attitudes allude and
I argued against such allowances long ago in the process.
9B-72.010(7): “Approved validation entity means a third party entity
approved by the Commission pursuant to subsection 9B-72.100(2), FAC, which
shall certify to the Commission the product’s compliance with the standards
specified in the Code or intent of the Code for use in statewide approval.”
9B-72.010(33): “Validation means determination of compliance pursuant
to Rule 9B-72.045, FAC, for local approval and Rule 9B-72.080, FAC, for
statewide approval.”
9B-72.080 Product Validation by Approved Validation Entity for Optional
Statewide Approval. Validation of compliance with the Code shall be performed
by approved validation entities through the following steps:
(1) Verification that the testing, evaluation and quality assurance requirements
established by Rule 9B-72.070, FAC, are met and that all documentation is
in order.
(2) Validation of the method of compliance using the validation checklist
in subsection 9B-72.130(3), FAC
(3) Certification to the Commission that the documentation submitted for
the product indicates the product complies with the Code.
(4) Products listed by approved certification agencies as complying with
standards established by the Code shall be approved by the Commission absent
compliance with this section.
I see no way other than a thorough review to “certify to the Commission
the product’s compliance with the standards specified in the Code or
the intent of the Code.”
Joe Belcher, CBO
IHPA Code Consultant |
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