Board of Rules and Appeals

BROWARDCOUNTY

Board of Rules & Appeals

One NorthUniversity Drive, Suite 3500B, Plantation, Florida 33324

Phone (954) 765-4500 Fax: (954) 765-4504

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BOARD OF RULES AND APPEALS

September 13, 2012

Meeting Minutes

Call to order:

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

Roll Call

Gregg D’Attile

John Famularo

Steve Feller

Bill Flett

Allan Kozich

Daniel Lavrich

Jeff Lucas

Dave Rice

Dave Tringo

Kenneth Wynn

Hank Zibman

Abbas Zackria – Chair

The presence of a quorum was established.

The Chair presented a plaque to John R. Smith, who served as the Representative for the Disabled Community from 2005 to 2012. Former board member, Mr. Bill Norkunas introduced the new board member, Kenneth Wynn.

Approval of Minutes

Mr. Feller made a motion to approve the minutes. Mr. Kozich seconded the motion and the minutes were approved for the May 10, 2012 board meeting.

CONSENT AGENDA

1.Certifications – Staff Recommended

MR. FELLERMADE A MOTION TO APPROVE AND MR. KOZICH SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

1A.Certifications—Request of Victor Diaz to be certified as Plumbing Inspector

Bill Dumbaugh, Chief Structural Code Compliance Officer addressed the Board. Mr. Dumbaugh explained that staff gave Mr. Diaz a temporary certification. Mr. Dumbaugh discussed a complaint filed and informed the Board he had initiated an investigation. Staff rescinded Mr. Diaz’ temporary recertification, and recommends that after Mr. Diaz proves all of his permits are closed; the Board should certify him.

Mr. DiPietro noted that if you adopt the motion, it would result in the staff determining the actual date of effective certification.

MR. LAVRICH MADE A MOTION TO APPROVE FOR A DELAYED EFFECTIVE DATE, AND MR. FELLER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

REGULAR AGENDA

2.Broward County Local Amendments to the Florida Fire Prevention Code, Per State Fire Marshal Request

Bryan Parks, Chief Fire Code Compliance Officer addressed the Board on building changes to the fire code amendments recommended by the State Fire Marshal’s office.

Mr. Parks continued to say that the submitted recommended code changes were approved by the Fire Code Committee. All the changes were intended to make the code more stringent than the State code.

The Chair opened the floor tothe public. There being no public comment, the floor was closed.

MR. FELLER MADE A MOTION TO APPROVE AND MR. FLETTSECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

3.2010 Florida Building Code Formal Interpretation – Retrofit of Windows, Doors, Garage Doors, Shutters and Skylights – FBC Existing Building, Alteration Level I

Rusty Carroll, Chief Structural Code Compliance Officer addressed the Board. Mr. Carroll referred to a chart in the agenda packet that was created to assist a homeowner. It eliminated the need for an architect or engineer to come out and calculate what the design pressures are. We took the chart to the Structural Committee, our group of engineers and other professionals. The Committee reviewed it and then staff revised the chart to match the comments. It was then sent it to the Florida Association of Structural Engineers (FASE) who performed a peer review to verify the chart was in compliance.

MR. KOZICH MADE A MOTION TO APPROVE AND MR. FELLERSECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

4.2010 FBC Formal Interpretation Solar Assisted Air Conditioning Systems

Rusty Carroll, Chief Structural Code Compliance Officer addressed the Board. The chief mechanical inspector for Broward County asked us to address this, discussed taking two different types of components. Mr. Carroll turned it over to Mr. Feller who continued the item.

Mr. Feller noted that they were inserting a solar collector into an existingsystem, and were adding more heat to the system. It had no UL listing and no product testing. We stuck with the code and returned it to them. The recommendation this evening follows a similar action taken by Palm Beach County.

MR. TRINGO MADE A MOTION TO APPROVE AND MR. FELLERSECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

5. Request for Ratification of Administrative Director’s Appointment of Chief Code Compliance Officer – Plumbing, Terms and Conditions of Appointment

The Director, Jim DiPietro, addressed the Board and introduced the candidate, Mr. Otto Viñas. Mr. Viñasis Chief Plumbing Inspector for Pembroke Pines and West Park, he handles both jurisdictions.Mr. DiPietro went on to refer to the hand-out and discussed the circumstances of the appointment. Kevin Fennell retired after sixteen years with the Board. Mr. DiPietro discussed the independent screening panel, and went on to discuss the qualifications of the applicant and asked the Board to authorize his approval. Mr. DiPietro explained the screening process to the Board and that the position was advertised in the Sun-Sentinel in June, which resulted in the receipt of six applications. All six applications were reviewed by the independent screening panel. The panel was comprised of Kevin Fennell as Chair, Albert Korelishn, former board member, Dennis Pustizzi, Chief Plumbing Inspector, Mike Hadley,owner of United Service Training Corporation (USTC) James Terry, owner of Green Tea Plumbing and Bill Dumbaugh, Chief Structural Code Compliance Officer BORA.

The committee then recommended two individuals and a back-up name for a total of three. I reviewed the names as well as the back-up point tally sheets, Otto had the second highest score, and then proceeded to have an additional email ballot cast by each member as to the ranking of the number of the top four candidates. From this process, the top three candidates were selected for an extensive interview with the Director and Mr. Vinas was selected.

I believe Mr. Otto Vinas has the professional background, experience and disposition to successfully fill this important position. He is currently serving as Chief Plumbing Inspector with a large city, Pembroke Pines, having started in that position in August 2009. Beginning in May 2010 Otto was also designated by the City of West Park as Chief Plumbing Inspector, and today handles both jurisdictions. Mr. Vinas joined the City of Pembroke Pines as a Plumbing Inspector in 1997, and was promoted to Plans Examiner in June 2000. In 1997 he was employed by the City of Lauderhill for six weeks as plumbing inspector, and prior to that, from 1992 – 1997, owned a plumbing business.

Mr. Vinas worked for former Pembroke Pines Building Official, Sandy Laguna for more than a decade until November 2011. Among Sandy’s comments to me was the statement that “Otto is the best employee he has ever had.” Mr. Laguna believes that Mr. Vinas was very caring when speaking to the public and to contractors and that Otto would come to him and talk things out. He handled his jobs and worked hard to address the problems. When the City of Pembroke Pines chose to privatize their building department in 2009, Mr. Vinas was a champion of learning the new computer system and in helping others to do the same. His attitude and the way he handled the change from public to private building department speaks well to his character and professionalism, and would suit our organization well.

Kevin Fennell served as BORA’s Chief Code Compliance Officer for more than 16 years, and chairman of the screening committee for his successor. As BORA staff Kevin had contact with Otto in his capacity as a Plumbing Chief for two cities in recent years. Knowing Otto professionally, Kevin gives a very high recommendation, obviously believing that Otto would do the job well. Mr. Fennell also believes that Mr. Vinas is receptive to new ideas and works well with people.

In my view, Mr. Vinas has the experience, knowledge and background to assume the BORA Chief Code Compliance Officer Position for Plumbing, is a great learner, and possesses outstanding public relations skills. From my perspective, the expectation is that Otto is firm on the building codes and customer friendly at the same time. As someone said to me, “Otto knows how to make the hurt go away.” For these reasons he became my first choice for the position and I respectfully request your ratification of his appointment.

The terms and conditions of employment are stated on the attachment dated September 5, 2012.

Mr. Lavrich commented that he had every confidence in Mr. DiPietro’s judgment, and noted “he

certainly has come through for us in the past.” With that, Mr. Lavrich continued to make a motion.

MR. LAVRICH MADE A MOTION TO APPROVE THE APPOINTMENT AND MR. TRINGOSECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

6.Request of Town of Davie Building Official as to Whether Permits Are Required for the Remodeling of Mobile Homes, and Can a Pre-annexation Agreement Negate that Requirement

Rusty Carroll, Chief Structural Code Compliance Officer addressed the Board. The code allows a building official to approach the Board to request a Formal Interpretation, and for the staff to process it. The staff took some initiative, and took his request to the Florida Building Commission, and asked the Florida Building Commission if this requires a permit. Mr. Carroll referred the Board to page 6, whereas the Commission ruled it has no legislative authority to issue a declaratory statement. The Commission did agree to open a line of communication up between the Florida Building Commission and Department of Transportation. I contacted the Department of Transportation, and they said their opinion is they have no opinion. As far as the construction of how you repair, I would like to caution the Board to try to stay out of that area, because you don’t use the Florida Building Code, and nobody has the opinion you do use the Florida Building Code. The State Statute is very clear you go to 15-C, this is a document that says you will use like-kind material when you repair. So how you repair it is not a part of the issue to me. It’s whether you need a permit when you do that repair or remodeling.

It is staff’s opinion, which is supported by legal counsel, that our Administrative Code can be more restrictive than anyplace else in the State. It is Staff’s opinion that you should have a permit to repair or remodel. It is a building or structure as specified in Chapter One of our Administrative Code. There is no exception in our Administrative Code, which there are exceptions in our Administrative Code, but not for mobile homes. It is Staff’s opinion that this is a serious issue. There are a couple of gentlemen who are going to speak; one is Ed Babik, the Building Official for Pembroke Park. The majority of that town is made up of mobile homes. They have had four (4) fires and three (3) deaths. All three deaths were attributed to electrical wiring without permits, and he will testify to that. Mr. Babik will tell you that’s what their conclusion was.

To conclude, when you add an addition onto a mobile home, the law is very clear you have to have a permit. When you install a mobile home you have to have permits to connect the electrical, plumbing, air-conditioning, and no one argues that. The issue is repair and remodeling. You have a draft of a Formal Interpretation for your consideration, and there are a couple of building officials that would like to comment on this issue.

After discussion among board members,the Chair asked that Russell White, Board attorney, provide his legal opinion. Mr. White stated that the Town of Davie’s counsel had issued a letter, of October 25, 2011, from the Town Administrator, and in it he indicates that town permits will continue to be required in the following circumstances, a) installation of mobile homes on vacant lots including tie downs, electrical and plumbing inspections, and b) All additions to mobile homes require town of Davie building permits.

He also makes reference to a pre-annexation agreement having a binding effect. On the latter point, a pre-annexation agreement to which BORA was not a part of does not undermine BORA’s position.

Reference to the property being attached to the land, where renovation work is desired to be done, and the property is tied down to land, that triggers the requirements of Chapter One, it may be driven off if the owner desires, then obviously it would tie into the requirement of Chapter One, if it is affixed to the land and permanently tied down, that is where the Chapter One permit requirements become effective, and that is part of the background discussions with the Town of Davie counsel. Also Section 15, that Mr. Carroll referred to, which are the rules of the Department of Highway Safety and Motor Vehicles do provide that all additions shall be constructed and 15C-2.0081 repair or remodeling shall require the use of a permit.

The Chair invited Ed Babik to speak. Mr. Babik, Building Official for the City of Pembroke Park said he was only concerned about life safety. He said that he works off of 15-C and that works for him.

Brian Dillon, Building Official for the Town of Davie addressed the Board. We have one mobile home park where the owner has foreclosed on a number of mobile homes. Most of the walls are sheer walls. We never asked him for a permit. We asked him for a letter from an engineer asking if it would be safe. He refused to do that and said we did not have any jurisdiction. He’s using unlicensed contractors to do the work because without a permit I have no way of forcing him to use licensed contractors to do the work. Basically, my hands are tied.Mr. Dillon asked that the Board issue an interpretation to tell us whether we need a permit or we don’t need a permit.

MR. LAVRICH MADE A MOTION THAT THE REPAIR OR REMODELING OF MOBILE HOMES THAT ARE ATTACHED TO THE LAND REQUIRES A PERMIT, AS SPECIFIED IN SECTION 105.1 CHAPTER ONE (FBC) BROWARD COUNTY AMENDMENTS. THE CRITERIA FOR REPAIR OR REMODELING SHALL BE AS OUTLINED IN CHAPTER 15C-2 OF THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES – DIVISION OF MOTOR VEHICLES.MR. TRINGOSECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

MR. LAVRICH MADE A MOTION TO SUPPORT OUR ATTORNEY’S OPINION THAT AN ANNEXATION AGREEMENT CANNOT SUPERCEDE THE REQUIREMENTS OF THE FLORIDA BUILDING CODE. MR. FELLER SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY.

The Board recognized former Board member, Albert Korelishn. Mr. Korelishn made an appearance at the meeting. He introduced the Board to his guest, Mr. Drew F. Winters, who is the Executive director for the FloridaConstruction Industry Licensing Board in Tallahassee. Mr. Winters briefly addressed the Board, and the meeting continued.

7.Status Report Concerning Appeal #12-01 – 1-A Sundial Circle, Margate – RV Park

Once again, Rusty Carroll addressed the Board. Mr. Carroll noted that the appellant has made no effort

to try to meet and resolve the issue, and asked that the Board make a motion to take if off the table and

hear it at the nextregularly scheduled meeting.

MR. FELLER MADE A MOTION TO UNTABLE THE ITEM AND SCHEDULE IT FOR THE OCTOBER 11, 2012 MEETING. MR. LUCASSECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

8. Agreement Extension with BRB Code Educators, Inc., Homosassa, Florida - October 1, 2012 through September 30, 2013

Mr. DiPietro noted that this is a routine extension for one year with no change in costs. Mr. DiPietro continued that the Board was very satisfied with the services provided by BRB Code Educators, Inc.

MR. D’ATTILE MADE A MOTION TO APPROVE AND MR. TRINGOSECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 12 – 0.

9.Director’s Report

Mr. DiPietro discussed the Broward County Commission’s approval of the rate increase of 68¢, which will become effective on October 1, 2012. This is only our second rate increase in twenty-five years.

Adjournment

Mr. Zibman made a motion to adjourn, the motion was seconded. There being no further business to go before the Board, the meeting adjourned at 8:35 p.m.

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Abbas Zackria – Chair

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Board Meeting MinutesSeptember 13, 2012