In the Crosshairs - Why Florida Needs the Florida Building Code - February 2020

Mon, Mar 09, 2020

Mike Silvers, CPRC, Owner, Silvers Systems Inc., and FRSA's Director of Technical Services

A well-seasoned code professional recently told me how he ended up in the code business. He said that Hurricane Andrew completely changed the track of his life. The unprecedented damage caused by the Category 5 storm and the ensuing demand for better construction and building codes had shaped his future. In so many ways, Andrew completely changed the construction industry in Florida as well, and it has never quite been the same.

On August 24, 1992 Andrew hit South Florida. Its 165 mph winds wreaked havoc with everything in its path. Many buildings were completely destroyed, while others sustained major but not catastrophic damage. Some, on the other hand, held up relatively well. Roof decks and roof coverings were hit especially hard. Even in areas where wind speeds didn’t exceed design requirements, the roof damage was widespread but, much like the structures themselves, there were some roofs that held up very well. 

Twenty-six lives were lost and over 250,000 people were displaced. $26 billion in damage was done (which, thanks to inflation, is equivalent to more than $100 billion today). There were serious concerns about the ability to maintain the property insurance market in the state.

In the aftermath of the storm and during the subsequent rebuilding process, the disparity between well-built and sub-standard construction became obvious. The failure to use proper construction methods and materials became apparent. Poor workmanship was clearly responsible for many failures. Relatively weak building codes and even weaker enforcement was also exposed.

Florida’s citizens demanded that our buildings better withstand storms like Andrew. So, in 1996 Governor Lawton Chiles created the Governor’s Building Code Study Commission to evaluate Florida’s building code system and to provide recommendations to reform and improve the building code. Those recommendations included:

■ Adopting a single building code for use statewide, The Florida Building Code.
■ Creating an independent Commission to update and maintain the code.
■ Creation of a product evaluation and approval system for applicable building materials.

In 1998, most of these recommendations became law and the Florida Building Commission and The Florida Building Code (FBC) were created. The adoption of these requirements and the creation of the FBC was a very complex and sometimes contentious process. One major issue for the roofing industry was adopting a truly statewide building code. South Florida interests were determined to maintain portions of the South Florida Building Code for Miami-Dade and Broward counties. This eventually led to creation of the High Velocity Hurricane Zone (HVHZ) portion of the code. At the time, political pressure from South Florida to have a separate and, some thought, a stronger code was overwhelming. In many participant’s opinions this inclusion prevented a true “single building code for use statewide.” I don’t point this out to rehash old arguments, but to compare it to a recent movement to make the FBC subservient to the International Building Code (IBC), which was created after Florida adopted the FBC. More on this later.

Florida has suffered through many hurricanes and tropical storms since Andrew. Opal (Panhandle) in 1995, Charley, Frances, Ivan and Jeanne (crisscrossed Florida) in 2004. Dennis (Northeast Florida) and Wilma (Southwest Florida) both in 2005. Irma (the Keys and Southwest Florida) in 2017 and Michael (Panhandle) in 2018. Fortunately, Dorian mostly spared Florida in 2019, but its presence just off the South Florida coast and the severe damage caused in the Bahamas reminded us again of the degree to which Florida is susceptible to these storms.

Reviewing the frequency and witnessing the strength of these events makes the idea that only two counties in Florida are exposed to “High Velocity Hurricanes” seem almost quaint. To say these storms (and Andrew in particular) have had a significant influence on the way we build and the building code would be an enormous understatement. They have, in fact, been a prevalent concern during every triennial code cycle.

Throughout its 98-year existence, the Florida Roofing and Sheet Metal Contractors Association (FRSA) has striven to improve the quality and performance of the roof systems installed in our state. This has never been more apparent than during the period since Andrew. FRSA has been instrumental in strengthening and improving the roofing related sections of the FBC. We have advocated for a clear, consistent, teachable and enforceable code. Our members have volunteered thousands of hours and our staff has worked diligently to make this effort possible. The impact of the improvements we’ve made have been more obvious with each storm. Post storm observations consistently confirm that buildings and roof coverings that are built in accordance with the FBC have performed very well. Improvements made in Florida have been adopted by many other jurisdictions as well as by the IBC.

Changes that have improved roof performance include the product approval system, hurricane mitigation requirements (particularly re-nailing sheathing), improved underlayment and secondary water barriers, heavier metal flashing, hip and ridge improvements for tile systems, when it is or is not acceptable to re-cover an existing roof or use it for attachment of a new roof covering, and improvements in attachment of almost all roof coverings. Just as importantly, we have done all this while improving the ability of roof systems to perform their most important function: to keep the water out. This is no easy accomplishment when you consider Florida’s subtropical rainfalls that occur not only during hurricanes, but also during our nearly daily summer thunderstorms. When one considers the wind-driven rain that we deal with in Florida, it could be said the old adage that “water runs downhill” often doesn’t apply here.

Threats to Florida Building Code

So, it seems Florida is on the right track with our current building code system. It isn’t perfect but it is, in many people’s opinions, the best possible real-world code. Florida is not only in mother nature’s crosshairs due to our geography, but our code system seems to be in the crosshairs of countless special interest groups. Several different current events are threatening the way Florida’s system works.

A group that calls itself the Floridians for Safe Communities Coalition (how warm and fuzzy is that?) is working to allow changes that are made in the IBC to forgo our normal code change process before being incorporated into the FBC. The groups associated with the request include the Building Officials Association of Florida (BOAF), American Institute of Architects (AIA), National Electrical Manufacturers Association (NEMA) and the International Code Council (ICC). Interestingly, most of the groups represented by the “Florida Coalition” are not Florida organizations and the one that is (BOAF) may be being influenced by their national association. This group continues to ask the commission to reopen the standard modification process. They also want to change Florida’s system of adopting code changes for the 2023 8th Edition of the FBC. This process is currently being reviewed by FBC staff and the Commission. Changes are going to be made. Whose concerns will be addressed – Florida's or outside interests' – remains to be seen.

In the US Congress, HR 3702 – Reforming Disaster Recovery Act of 2019 – was passed by the House. This bill could interfere with Florida’s ability to receive federal funds after a disaster. Language would require that individual states adopt “the latest published editions of relevant national consensus-based codes, specifications and standards.” These funds are from the Community Development Grant Disaster Recovery funds provided by the Federal government. The Senate has yet to take up the bill, but it has bipartisan support. It is intended to expedite funding and limit those federal funds that are used for rebuilding in disaster prone areas; both admirable goals, but the potential to force Florida to adopt code provisions that may not suit our particular needs is very troubling. In particular, the ability to maintain the HVHZ would be in question. Some of its provisions haven’t changed since Andrew. Maintaining consistent requirements is an important goal. It should receive more consideration than some have been willing to provide it. Change for the sake of change, however, only causes more confusion. How can we properly train a workforce when the requirements are in constant flux?

The current Florida Building Code changes are being completed. They will form the 2020 7th Edition of the FBC. They are numerous and will have a tremendous impact on our industry. I recommend that you spend some of the coming year familiarizing yourself with the changes which will take effect on the last day of 2020. There would be many additional changes and even more potentially negative impacts if we did not take the time, as is currently required by the FBC revision process, to review and debate the need for each individual modification: whether or not there is a Florida-specific need and what is the cost impact.

Florida will face future hurricanes and our state will continue to be targeted by very powerful special interests. Some of the proponents of these changes don’t seem to fully understand or appreciate the possible ramifications, but they press on oblivious to the problems their proposals may create. As it’s been since Andrew, and even before that, it will fall to those who actually perform the work to implement whatever is inserted in the code. When one considers all of this, it is only fitting that Floridian’s continue to shape the process that protects our interest. Stay involved!

FRM

Mike Silvers, CPRC is owner of Silver Systems Inc. and is consulting with FRSA as Director of Technical Services. Mike is an FRSA Past President, Life Member and Campanella Award recipient and brings over 40 years of industry knowledge and experience to FRSA’s team.


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