BROWARD COUNTY
Board of Rules & Appeals
One North University Drive, Suite 3500-B, Plantation, Florida 33324
Phone (954) 765-4500 Fax: (954) 765-4504
http://www.broward.org/codeappeals.htm
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BOARD OF RULES AND APPEALS
August 12, 2010
Meeting Minutes
Call to order:
Chair Steve Kastner called a published meeting of the Broward County Board of Rules and
Appeals to order at 7:04 p.m.
Roll Call
Ron Burr
Gregg D’Attile
Gary Elzweig
Bill Flett
Steve Kastner – Chair
Allan Kozich
Dave Rice
Jay Shechter – Vice Chair
John R. Smith
David Tringo
Don Zimmer
11 members
The presence of a quorum was established.
Approval of Minutes
The Chair asked for a motion to approve the minutes. Mr. Zimmer seconded the motion and the
minutes were approved as amended for the June 10, 2010 board meeting.
THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 11 to 0.
CONSENT AGENDA
1a.
Certifications
The Chair asked for a MOTION. Mr. Kozich moved to approve and Mr. Flett seconded the
MOTION.
THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 11 to 0.
REGULAR AGENDA
1b.
Certification – Request of James McGuinness to be Certified as Building Official for
the City of Hollywood
Bill Dumbaugh, Chief Structural Code Compliance Officer addressed the Board. Mr. Dumbaugh
began by saying he reviewed all the information supplied by Mr. McGuinness for certification as
Building Official for the City of Hollywood. Based upon that information Mr. Dumbaugh is inclined
to say that there is not enough information for staff to approve it. He has applied under Florida
Building Code 104.1.3.3 which requires 5 (five) years experience as a chief structural inspector. Mr.
McGuinness does possess the required Building Code Administrator’s Inspector certification as a
building code administrator and he has passed the Broward County General Contractor’s exam, as
well as the High Velocity Equivalency Exam. However, per Mr. McGuinness’ resume he was
employed with the City of Venice in several job positions for a period of eight (8) years and 3
months, which included the position of senior inspector for a period of three (3) years and seven (7)
months. The city’s job description for that position as senior inspector does not include any
supervision, delegation of job assignments and did not have the sole authority to interpret provisions
of the code. Mr. McGuinness was also employed by Delta Engineering for a period of two (2) years
and 8 months. Mr. Dumbaugh pointed out that Delta Engineering is a private provider company; they
do not provide full building department services. They do plan review and building inspections on
jobs where the owner hires them, based on that I could not give him any credit for chief’s experience.
Therefore, Mr. McGuinness did work for nine (9) months as a building official for the City of Bonita
Springs, I could give him credit for that, and that is all the credit I could give towards being a
building official here in Broward County.
David B. Mankuta, Esquire with Atkinson, Diner, and Stone Mankuta addressed the Board on
behalf of Mr. Jim McGuinness. Mr. McGuinness has been hired as the chief building official for the
City of Hollywood subject to certification by your board and we are here on his application to be
certified as a building official in Broward County. He referred to Mr. Dumbaugh’s statement that Mr.
McGuinness is in fact certified as a building official by the state. He also has certifications as plans
examiner and an inspector. Further to his qualifications, Mr. McGuinness has been certified by the
International Code Council. He has actually has seven (7) certifications from the International Code
Council from plan examiner in several disciplines, inspector in several disciplines as well as building
official. No question as to certifications he currently holds that he has the requisite foundation that is
required by Section 104.1.3. The area we need to focus on is his experience in public work. Section
that applies to us is 104.1.3.3, which is five years experience as a chief inspector of the discipline,
with at least 3 years of that in a High Velocity Hurricane Zone. Mr. Mankuta commended Mr.
Dumbaugh on a very thorough job. His application stated that he was employed by the City of
Venice from 1997 to 2005, about eight years. Mr. Dumbaugh contacted the City of Venice Human
Resources to verify the employment and to obtain job descriptions. Mr. Dumbaugh on page 5
determined that the work did not qualify as experience that would justify the experience needed and
advised Mr. McGuinness of same. Mr. McGuinness, knowing that his job responsibilities in the City
of Venice far exceeded the job description, solicited a letter from Martin Black, who is currently
employed by McKinley Horn, was formerly with the City of Venice. He served as the Growth
Management Director, the assistant city manager, and city manager, all during the time that of Mr.
BOARD MINUTES – AUGUST 12, 2010
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McGuinness’s tenure with the City. Mr. Black wrote a letter referred to both letters in the packet. He
retained our law firm because he felt that he was not getting his message across and sought out
advice. We reviewed his work history in detail and it became clear to us that Mr. Dumbaugh had not
been presented with sufficient detail of the work that had been undertaken and the responsibilities
that had been assumed by Mr. McGuinness with the City of Venice. In reviewing everything that we
obtained from Mr. McGuinness, I transmitted a supplemental submittal to staff. In my cover letter to
Mr. DiPietro, after their review, we requested a meeting so we could talk face to face. They were
very accommodating; we appreciated the face to face. It enabled us to get a better understanding of
where Mr. Dumbaugh was coming from and his perception of the shortcomings. We went back to
Mr. Black, city manager, assistant manager and growth director in Venice and obtained a follow-up
letter with the detail that we felt was the feedback we were getting from staff that might help this
cause along. You will find the second letter from Mr. Black with a chart of projects on page 49.
There are two (2) primary points on the issue of McGuinness’s experience, his tenure at the City of
Venice and his work at Delta Engineering as a private provider.
The City of Venice, Sarasota County, is a relatively small city on the Gulf Coast. It has a population
of a little less than Dania Beach. In a smaller municipality, you need to look beyond the job
description to determine and understand the actual tasks that were performed by the individual. This
is not in any manner a knock at Mr. Dumbaugh, because he did a very good job and did what
logically should have been done, he sees a job title and resume. He did the follow-up, verified the
employment history and job description. He saw the definitions within the job description and felt it
was not adequate. That was why we solicited the follow-up explanatory letters, which clarify and
amplify the level of responsibility and experience that Mr. McGuinness enjoyed during his work with
the City of Venice. Mr. Mankuta referenced the fist letter of Mr. Black dated June28, job content and
responsibilities. He outlines his time of employment; he had direct knowledge of the duties. The
second paragraph of the letter refers to beyond the scope the only combination inspector, and
commercial mechanical inspector, as senior structural chief inspector and structural plans examiner.
He was assigned leadership role and responsible for all large, commercial high-rise projects, a role in
which he served diligently and effectively. Mr. Black has reviewed our Chapter 1, and he concludes
with respect to a chief structural and a chief mechanical inspector that Mr. McGuiness
responsibilities while at the city constitutes the functional equivalent of a chief inspector. That’s
what we had given to Mr. Dumbaugh and Mr. DiPietro prior to our meeting. We met with them, then
went back to Mr. Black and asked for his July 27 letter, which is located on page 48 of your packet,
along with the chart. This is the kind of detail that we solicited based on the feedback from staff and
in particular, the attached chart accurately reflects a sample of the various projects Mr. McGuinness
was in responsible charge while employed with the city of Venice in those disciplines and
inspections for compliance with applicable building codes and standards. The chart also accurately
reflects his level of responsibility in the area of plan review, inspections and supervision for each of
the projects. I believe that based on the chart, my understanding, as well as Mr. McGuinness’s
subsequent employment and the certification by the state that he is well qualified to be certified by
Broward County to serve as the chief building official.
With respect to the chart, you are going to see they are primarily residential construction anywhere
from eight (8) story to three (3) story residential buildings, several villa complexes, a community
center, 20,000 square feet which included a FEMA Disaster Shelter improvements. He had plan
review responsibilities, he had inspection responsibilities, structural and mechanical, and had
supervisory responsibilities, and delegated certain authorities.
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Regarding the City of Dania Beach mentioned earlier and – yet there is a Gulf Coast community in
Sarasota County which appears to have had a lot more activity than the City of Dania may have.
What is interesting about that is that you are going to have a chief inspector in Dania who is going to
have a pass when he applies for a city building official job because he has got the right title and he
may not have had the level of experience in Dania that a Mr. McGuinness had in the City of Venice.
With respect to the last three (3) years seven (7) months the level of experience and responsibilities
he enjoyed in an active city, would qualify notwithstanding the lack of a real title or an official title.
The next area of discussion is Delta Engineering. Delta has a significant presence in southwest
Florida and Mr. McGuinness who was employed there from October 2005 through May of 2008. He
went there right from the City of Venice to start and head up their private provider inspection
division, based on his experiences in the City of Venice. Mr. Dumbaugh gives an opinion in his
report that the private provider work of Delta is only plan review and inspections and therefore does
not qualify. We take a different position because we do not believe that conclusion is supported by
the building code, or the building code statute. Jim led Delta’s private provider inspection division.
This department performed permitting, plan review and inspection functions identical to that of the
public sector building department. As chief inspector and building official, Jim performed permitting
inspections and plan reviews. The projects listed in the private provider section on page 69, were led
by Mr. McGuinness and performed under the authority of the municipality or government agency
having jurisdiction. During his tenure with Delta Jim’s work was exemplary, he is fully qualified to
be certified as a chief building official. I understand that this matter may proceed to a hearing and in
that event, I would consider testifying on the behalf of Mr. McGuinness. These are the people (in the
City of Venice) are in the best position to identify and recognize the scope of work that he had done.
Now understand that the distinction that I make with Mr. Dumbaugh in terms of his concept that it is
only plan review and inspections. Clearly, under the private provider statute, they do permitting as
well. Granted, it is permitting by affidavit, but clearly, they do undertake the review for permitting
purposes.
Chair asked that Mr. McGuinness wrap up his presentation to allow time for questions.
Mr. Mankuta stated that the private provider is particularly a sticky area because it is a fairly new
concept. Private provider statute did not come into being until the year 2002. Your amendment
number one (1) which predates the Florida Building Code – we had it under the South Florida
Building Code and it is read much the same way for years does not recognize and does not address
private provider services as far as experience. It is not the building official’s statute, it is in the
building code statute, and it is not addressed by your amendment, which Mr. Mankuta believes is a
shortcoming. The Charter is there. I do not think you (BORA) have the ability to make
administrative decisions. I think the purpose of this board is primarily on the technical side. That is
clearly provided by the building code statute, it is clearly provided by your amendment. I am troubled
and I have a question on the administrative side, particularly when we went to a uniform building
code in 2004, prior to that we had the South Florida Building Code, everybody else had the standard
building code, and there was more of a need for hands on administratively.
The Chair opened the meeting for questions.
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Mr. Elzweig informed Mr. Mankuta, “ that we have our own Administrative Chapter, and we have
authority and control over that administrative chapter. We do not adhere to the chapter one of the
Florida Building Code unlike all the other counties. We have more input and say over our
administrative chapter than we do over the technical sections of the code.” I want to correct you on
that. As far as the experience, which one of these projects was constructed and permitted in the HV
wind zone. Mr. Mankuta answered that he thought Venice was in the HV wind zone. Mr. Elzweig –
“No, it’s not. Dade and Broward Counties are the only areas that are HV wind zone.”
Mr. Elzweig informed Mr. Mankuta that according to the Florida Building, the only High Velocity
Hurricane Zone is Dade or Broward County. “So none of these projects were in Dade or Broward
County? Mr. Mankuta responded, “That is correct. However, he did test out on that.”
Mr. Kozich noted that Mr. McGuinness was eligible for his P.E. exam in April 2010, and inquired as
to whether he took the examination. Mr. McGuinness replied, “Yes, I did.” Mr. Kozich,” How did
you do?” Mr. McGuiness, “I am retaking it October 29.”
Mr. Flett made a MOTION to approve the certification of Mr. McGuinness. Mr. D’Attile
seconded the Motion.
THE MOTION CARRIED WITH A VOTE OF 7 – 4.
Positive Votes:
Negative votes:
Ron Burr
Gregg D’Attile
Bill Flett
Dave Rice
Jay Shechter
John R. Smith
Don Zimmer
Gary Elzweig
Allan Kozich
Dave Tringo
Steve Kastner
2.
2007 Florida Building Code Proposed Formal Interpretations
Mark Scala, Chief Engineering Code Compliance Officer addressed the Board. Mr. Scala
explained that we were bringing back an old interpretation that expired in 2003. Wood trusses are
connected to a building with hurricane straps.
Mr. Scala discussed the connector manufacturers’ unity equation. The unity equation is used when
the connector receives wind load from more than one surface, truss uplift combined with loads
parallel and perpendicular to the wall. Therefore, there are three different loads that can be applied in
the unity equation each divided by the allowable to be less than < 1.0. To receive wind from more
than one surface, ASCE 7 requires the use on Main Wind Force Resisting System (MWFRS). The
2003 Fl addressed this issue.
The Structural Committee came to a decision to recommend to the Board that we re-adopt the
expired Formal Interpretation, which addressed this issue as written with one change. In the second
paragraph, “these elements “should” to be changed to these elements “shall.” By adopting the Formal
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Interpretation, it would make it clear to designers and building officials that Main Wind Force
Resisting System (MWRS) could be used to design hurricane straps.
The Chair asked for a MOTION. Mr. Kozich moved to approve and Mr. Flett seconded the
MOTION.
THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 11 to 0.
Regarding the Second Item , concerning the Rubber Stamp, Mark Scala stated that FBCE says
engineers can now use a rubber stamp, rather than an impressed seal. For architects it is still an
impressed seal. A rubber stamp from an engineer is just as good as an impressed seal.
The Chair asked for a MOTION. Mr. Kozich moved to approve and Mr. Tringo seconded the
MOTION.
THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 11 to 0.
Director’s Report
Mr. DiPietro noted that municipal revenues were $91,600 in April, $97,100 in May, and $79,400 in
June. The next three months, July, August and September, completing our twelve-month fiscal year,
will be significant in importance, and discussed at our November 2nd meeting. This is the high point
of our construction activity for the year, accordingly, we will need to bring in more than $100,000
per month. We are living off reserves. Jim’s latest figures show that we have enough money in
reserves to get through the next year.
Questions: Mr. Flett – If we run out of money will the county bail us out? Jim responded, “no, and
added that we are not going to run out of money because he will bring recommendations and options
prior to that point.
Jim noted how dramatically the municipal revenues have fallen:
Fiscal Year 2007 – $1,596,000.
Fiscal Year 2008 – $ 976,000.
Fiscal Year 2009 – $ 860,000.
If it can go down that fast, it can come back quickly. But, at least, it can stop falling, and we need
some kind of stability and result from our rate increase that became effective October 1, 2009. Bill
asked about what he has heard about the Miami-Dade County BORA dissolving. Jim responded that
the County Commission has not yet acted on the mayor’s proposal. The mayor has proposed merging
the Building and Code Compliance departments, and to reduce the number of employees. The Code
Compliance Office, which includes the Board of Rules and Appeals, and also includes
Contractor/Licensing and Product Approval would be under Mr. Charlie Danger. The County
Commission will decide during the September budget hearings in Miami.
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Gary Elzweig inquired about our revenues. Jim stated our expenses are dropping, we are under the
budgeted figure, and will spend between 1.5 million and 1.6 million dollars. Gary asked what that
leaves in the surplus. Jim responded about $500,000 for fiscal year 2011. Allan Kozich asked if we
have looked for additional funds. Jim responded that we have discussed before the question of fire
money on a policy level, the idea has not gone far at this point and we agreed to revisit that. The
Chair noted that we should have done it last year, but it is still something that we should study, so
when we do the budget, we know that it represents X amount of money, then we will decide as a
board whether it is politically feasible to pursue that avenue, because I am like Allen, I think there is
a significant amount of money out there that can be raised for that. Allan believes that Fire is one of
the biggest contributors to the building permits fees even though you might think structural is not
part of it, it is all working in there together, mechanical also works with fire. Staff should look to see
how much we can and come up with some kind of a budgeting for that, so we can plan on that.
The Chair added that as long as we have an idea, at least we can get the information to make an
informed decision.
Other comments made included:
Gary Elzweig noted that he believes construction is off 80% here in Broward County. The Chair
suggested that even if a fire fee is not feasible, at least we would have the facts to make that decision.
Dave Tringo stated that we should start looking at some cuts now, if we are already running in the
red this year. We are already in the red $500,000. The Chair responded that he thinks that’s the intent
of our meeting in November, and added that the Board doesn’t recoup revenue on the fire permit, but
yet we have a fire code compliance officer. Bill Flett stated, “I’m not the kind of person who likes to
raise fees, but we’ve got to live, we have to survive. I know my business went from $5 million in
revenues to $987,000.”
4.
Adjournment
There being no further business to go before the board, Mr. Kozich moved to adjourn, and was
seconded by Mr. Tringo. The meeting adjourned at 8:15 p.m.
_____________________
Steve Kastner – Chair
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