BROWARD COUNTY Board of Rules & Appeals One North University Drive, Suite 3500B, Plantation, Florida 33324 Phone (954) 765-4500 Fax: (954) 765-4504 http://www.broward.org/codeappeals.htm ______

BOARD OF RULES AND APPEALS July 14, 2011 Meeting Minutes

25 Year Employee Service Recognition for Robert Andrews The Board recognized Robert Andrews and passed a motion for Mr. Andrews to receive one day off with pay for his dedication and contribution to the community. Mr. Andrews also received one annual leave day from the Broward County Board of County Commissioners.

Special recognition was also given to Steve Kastner, past chair and board member, for his contributions. Mr. Kastner was presented with a plaque.

Call to order: Chair Jay Shechter called a published meeting of the Broward County Board of Rules and Appeals to order at 7:00 p.m.

Roll Call Ron Burr Gregg D’Attile John Famularo Steve Feller, P.E. Allan Kozich, P.E. Jeff Lucas Shalanda Giles Nelson John Sims John R. Smith Dave Tringo Hank Zibman, P.E. Don Zimmer Jay Shechter – Chair

The presence of a quorum was established with 13 members.

Approval of Minutes Mr. Kozich made a motion to approve the minutes. Mr. Zibman seconded the motion and the minutes were approved for the January 13, 2011 board meeting.

Board Minutes July 14, 2011 1 CONSENT AGENDA

1. Certifications – Staff Recommended

The Chair recused himself from the vote citing a conflict as he works for the city of Pembroke Pines, and there are Pembroke Pines officials listed. Mr. Tringo also recused himself citing a similar conflict.

The Director pointed out that these are consent agenda item certifications, and as long as there is no discussion, we may move forward without members being sequestered.

MR. ZIBMAN MADE A MOTION TO APPROVE AND MR. FELLER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 11 – 0.

REGULAR AGENDA

2. Appeal #11-01 – Pompano Beach – Mesa Modular Systems, Inc.

Mr. Robert Andrews, Chief Mechanical Code Compliance Officer addressed the Board and informed them that this appeal deals with two (2) identical sections of the Florida Building Code, Section FRC-M1305.1.4.1 and FMC304.9.

Equipment and appliances installed at grade level should be supported on a level minimum 3 ½ -inch concrete slab or other approved material extending a minimum of 2” above the adjoining finished grade.

Both sections allow concrete or other approved materials to be used to support. Approved is defined in the code as acceptable to the code official or other authority having jurisdiction (AHJ).

Section 301.4.2 of the Florida Mechanical Code states alternate materials, methods equipment and appliances. The provisions are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where a code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

Sections 104.32 – 104.32.2 of the Broward County Administrative provisions of the code allows for alternative materials, design and methods of construction.

Section 104.32 allows alternative materials, designs or methods of construction to be approved by the AHJ if determined the alternate for the purpose intended is at least the equivalent with that prescribed in the technical code in quality, strength, effectiveness, fire resistance, durability and safety.

The Administrative Provision also states the duties of the Broward County Board of Rules and

2 Appeals Section 112.9.1 requires that BORA will hear all appeals from the building official or chief inspector, wherein such decision is on matters regulated by this code from any person, aggrieved thereby, and specifically set forth in Section 104.23, “alternate materials and types of construction.”

Section 301.4.2 of the Florida Mechanical Code requires that in order for an alternate material to be approved for its intended use it must be at least the equivalent with that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

The City of Pompano Beach did not approve the alternate material because they did not consider the high-density polyethylene pad to have the same or equal fire resistance as a concrete pad. According to the Material Safety Data Sheet, the material is not flammable, combustible or explosive.

Considering the fact the intended use of these equipment pads are not to be installed inside a structure, on a structure, or attached to a structure, but only installed on grade detached from the structure, it is Mr. Andrew’s opinion that the fire resistance issue should not preclude approval as an alternate material.

The Appellant, Mr. Geoff McLeod of Mesa Modular Systems addressed the Board. His partner, Mr. Philip Lacey was also present. Mr. McLeod brought the Board up to date with where they have been with their product. Mr. McLeod provided the Board with background, as having spent the last two (2) years researching and developing this product from Air Conditioning Contractors on the west coast, the FAPGMI, BOAF, local code officials and building officials from his side of the state and from the center of the state. Mr. McLeod explained that they had tried to go before the State on Product Approval, but did not meet the scope (building envelope). They would have needed acceptance by local building officials. They have currently received acceptance in 190 different jurisdictions and in 29 different coastal counties. They have approval from Sarasota, as an alternate material, and have been approved as an alternate material from Fort Lauderdale. Mr. McLeod said they included in their package a technical advisory from Palm Beach County that spans their jurisdictions as well.

Mr. McLeod stressed the need to focus on the fact that this is an innovator product that has sound engineering, and is subject to the use of the product. It is not part of the building envelope. It is not attached to the structure. Also included in the package was MSDS sheets that say the product is not combustible, it is not explosive, and they also list it as not flammable.

Mr. Bruce Mest, Chief Mechanical Inspector for the City of Pompano Beach addressed the Board. Mr. Mest told the Board he had looked at the product extensively, and said it looks like a very good product. Mr. Mest stated he does not see a problem.

MR. ZIBMAN MADE A MOTION TO APPROVE THE APPEAL AND MR. ZIMMER SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY WITH A VOTE OF 13 – 0.

3. Expansion of Board of Rules and Appeals Policy #04-01, originally adopted 11/18/04, entitled “Avoiding Conflict of Interest for Committee, Sub-committee, and Ad Hoc Committee Members

The existing rule requires sequestering when a personal or financial interest arises. In the past, BORA members have generally followed this practice by custom and tradition, and we

3 established the written rule for our committees in 2004. The sequestering is a good professional policy as it protects the organization. By clarifying our rule to also include board meetings, we ensure the uniform application of the procedure for all BORA proceedings.

MR. TRINGO MOVED TO APPROVE AND MR. FELLER SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY WITH A VOTE OF 13 – 1.

Mr. DiPietro brought to the Board’s attention that we had included additional certifications via email, and that they be amended. Eduardo Sanchez, Fire Plans Examiner for Pembroke Pines and Ronny Wuraftic, Electrical Plans Examiner/Inspector Countywide. Mr. DiPietro requested a corrected motion.

MR. ZIBMAN MOVED TO APPROVE AND MRS. GILES NELSON SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY.

4. Request to Reduce Furlough Days from 24 to 21 in Fiscal Year 2011

It is recommended that the Board of Rules and Appeals approve of the changes in the agenda packet to our fiscal year 2011 furlough program, resulting in a gain of three (3) work days from twenty- four (24) furlough days to twenty-one (21). In addition, Broward County has made a decision to pay employees for two (2) of the furlough days, the July Fourth weekend that just passed and the Labor Day weekend upcoming. As of September 2012 the projected fund balance is $31,000 with the indicated adjustments.

MR. LUCAS MADE A MOTION TO APPROVE AND MR. FELLER SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY WITH A VOTE OF 13 – 0.

5. Board Policy #11-02, Implementing the Previously Authorized BORA 18 Day Furlough

Program for Fiscal Year 2012

Mr. DiPietro explained to the Board that the eighteen (18) furlough day program for fiscal year 2012 is already policy, and that the proposed regulation provides the details of the program. Mr. DiPietro further noted that seven (7) of the furlough days the office is closed and the other eleven (11) furlough days, which are split on a Friday and a Monday, the office will remain open with fewer employees present.

MR. ZIMMER MADE A MOTION TO APPROVE AND MR. TRINGO SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY WITH A VOTE OF 13 – 0.

4 6. Director’s Report

Mr. DiPietro discussed the budget, mentioning that he had covered revenues and BORA expenditures multi-year, observing that the expenditures are very low. He noted the Board needs approximately $115,000. in municipal fees per month for the fiscal year 2012. In ninety (90) days, we will be in a better position to make more financial decisions. Mr. DiPietro credited the staff noting how the expenditures have dramatically decreased, particularly in areas such as travel.

Adjournment

There being no further business to go before the Board, the meeting adjourned at 7:31 p.m.

______Jay Shechter – Chair

5