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Agenda 10/27/2009 Item #16A 8Agenda Item No. 16A8 October 27, 2009 Page 1 of 13 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the proposal by staff to develop and advertise for Board consideration an ordinance adopting the Florida Building Code 2007 Edition, and pursuant to the authority granted by section 553.80(3), Florida Statutes, adding certain exemptions to permitting requirements pursuant to Section 105.2 of the 2007 Florida Building Code relating to addition, alterations, or repairs performed by a property owner on his or her property, and providing for repeal of Ordinance No. 2002 -01 in its entirety. OBJECTIVE: To have the Board of County Commissioners (BCC) approve staff proposal to finalize for Board consideration an ordinance adopting the Florida Building Code 2007 Edition, and pursuant to the -authority granted by section 553.80(3), Florida Statutes, adding certain exemptions to Section 105.2 of the 2007 Florida Building Code relating to addition, alterations, or repairs performed by a single family property owner on his or her property. CONSIDERATION: At the September 15, 2009 BCC meeting, under the County Manager's Report, Agenda Item IOB (formally Item 16A5), Title: To provide to the Board of County Commissioners (Board) information regarding the requirement as specified in the 2007 Florida Building Code to obtain a building permit when replacing a water heater, and to inform the Board of the final decision rendered by the Florida Building Commission on this matter, the Board directed staff to formulate an ordinance to exempt like kind, electric water heaters from permitting requirements and to evaluate additional areas where the requirements for a building permit could be waived. Based on that direction, staff developed the attached proposal (Attachment A) which clarifies the already existing exemptions that are in effect pursuant to Section 105.2 of the Florida Building Code, clarifies existing local exemptions that were effectively in place by policy, and now adds additional exemptions for Single Family Detached Residences. On October 6, 2009, during an advertised public meeting staff presented the proposal to the Collier County Board of Adjustment and Appeals (BOAA). The BOAA by a vote of 5 to 0 moved to accept the permit exemptions and recommended that the proposed exemptions be codified by ordinance and then forwarded to the BCC for final approval. The BOAA deferred their final approval in order to review the final ordinance, and on October 13, 2009, the BOAA reconvened to review the ordinance. By a vote of 4 to 0 the BOAA recommends that the BCC approve the ordinance as proposed. In addition, members of the Golden Gate Estates Area Civic Association as well as the building industry expressed their overall approval of the staff proposal. As defined in Section 2 -1181 of the Code of Laws and Ordinances, the Collier County BOAA is a five - member panel appointed by the Board of County Commissioners to serve as a source of special knowledge and expertise, and as a decision - making body through which an owner of a building or structure, or his duly authorized agency, may appeal the rejections or refusal of the building official to approve the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of that building or structure. Agenda Item No. 16A8 October 27, 2009 Page 2 of 13 Some of the key features of this proposed ordinance are: • Creates a single source document for the consumer to reference and once approved the exemptions will be posed to the county web page. • The dollar limit for exemptions increased from the current $200 for electrical repairs and $750 for mechanical, building and plumbing repairs to $1,500 in value of materials and labor. • Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts. • Repair /replace like- for -like kind electric water heater up to 52- gallon capacity to include electrical connection. • Repair /replacement of water purification /water softener equipment. Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single family residence or other miscellaneous utility building constructed on a residential zoned lot. • Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish work. This exemption is not allowed nor applicable when the work or alteration affects the structural integrity of a load bearing wall, or the fire resistant material of a fire rated horizontal or vertical separation. Swings and other playground equipment accessory. In addition, the proposed ordinance will repeal Ordinance No. 2002 -01 which essentially was deemed obsolete and superseded by the statewide adoption of the 2004 and subsequently the 2007 Florida Building Codes which included a comprehensive administrative code to address permitting procedures inadvertently omitted from the 2001 edition. FISCAL IMPACT: Residents will now be exempt from having to pay a permit fee for replacing a water heater and similar equipment at a savings ofd $50 per permit (convenience permit) when purchased in a group of 10 when purchased by a commercial contractor and $75 when purchased as a single permit as well as additional permit requirements as specified. LEGAL CONSIDERATIONS: If approved, the proposed ordinance will be advertised and brought back to the Board for final consideration in November 2009. This item is legally sufficient for Board action. -JW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve the proposed ordinance and in doing so direct staff to properly advertise the ordinance for final approval of the Board. Prepared By: Joseph K, Schmitt, Administrator, CDpS 2 rage 1 or l zn Agenda Item No. 16A8 October 27, 2009 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A8 Item Summary: Recommendation that the Board of County Commissioners approves the proposal by staff to develop and advertise for Board consideration an ordinance adopting the Florida Building Code 2007 Edition, and pursuant to the authority granted by section 553.80(3), Florida Statutes, adding certain exemptions to permitting requirements pursuant to Section 105.2 of the 2007 Florida Building Code relating to addition, alterations, or repairs performed by a property owner on his or her property, and providing for repeal of Ordinance No. 2002 -01 in its entirety. Meeting Date: 10/27/2009 9:00:00 AM Prepared By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 10113/2009 10:20:33 AM Environmental Services Environmental Services Admin. Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 1011312009 10:20 AM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 10113/2009 11:38 AM Environmental Services Environmental Services Admin. Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 10/1412009 8:27 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/14/2009 10:09 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10115/2009 9:41 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/15/2009 5:32 PM file://C: \AgendaTest \Export \137- October 27, 2009 \16. CONSENT AGENDA \16A. COM... 10/21/2009 Attachment A Permit Exemptions Agenda Item No. 16A8 October 27, 2009 Page 4 of 13 Pursuant to Section 105 of the Florida Building Code the following items are exempt: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self - contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load - bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include Agenda Item No. 16A8 October 27, 2009 Page 5 of 13 addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. The following are additional exemptions as designated for the unincorporated area of Collier County: Exemptions for Single Family Detached Residences Exemptions for Minor Repairs Residential The following permit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and Florida Statute 553.80 Section (3) (c). Permit exemption is for owners of single family residences performing work on single family properties. All work performed shall comply with the standards of the Florida Building Code Residential. Electrical .. Repair work performed by licensed electrical contractors that does not exceed $1,500.00 in value of materials and labor. • Repair or replace existing light fixtures and ceiling fans. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts. • Repair or replace the following low voltage (under 77 volts) devices: o Telephone o Television o Data Cable o Central Vacuum o Burglar Alarm o Intercom System Plumbing • Repair /replace work performed by licensed plumbing contractors that does not exceed $1,500.00 in value of materials and labor. • Repair water solar panels by licensed plumbing contractors. • Change out of an above ground LP tank 100 lbs or less. • Repair irrigation system. • Repair domestic water service /lines. • Unclog sewer stoppage. • Repair sewer line excluding repair or replacement of interceptors, separators by licensed plumbing contractors. • Repair /replace faucets. • Repair /replace water closet/bidet/urinal fixtures only. • Repair /replace sink/lavatory /drinking fountain fixtures only. 2 Agenda Item No. 16A8 October 27, 2009 Page 6 of 13 Repair /replace residential pool equipment other than pool heater. • Repair /replace shut off valve on a domestic water line. • Repair /replace and house pumps not exceeding 2 hp. • Repair /replace residential disposal. • Repair /replace residential dishwasher. • Repair /replace like - for -like kind electric water heater up to 52- gallon capacity to include electrical connection. • Repair /replacement of water purification/water softener equipment. Mechanical • Repair work performed by licensed mechanical contractors that does not exceed $1,500.00 in cost for parts and labor. • Repair of air conditioning duct. • Repair or replace coil, compressor or refrigerant piping by licensed mechanical contractor. • Repair or replace non - combustion heating by licensed mechanical contractors. Repair ventilation fans. • Replacement of window air conditioning unit. • Installation of ductless ventilation and range hoods. Building • Repair work performed by licensed contractors per Florida Statute 489 that is not structural in nature and does not change the occupancy, does not affect life safety and the value of which does not exceed $1,500.00 in labor and materials. • The repair of any roof covering not exceeding $1,500.00 in value of materials and labor or work not exceeding two roofing squares (200 sq. ft.) in extent. • Installation or repair of satellite dishes installed in accordance with manufacturers specifications and in compliance with local zoning requirements. • Installation or repair of canvas or cloth covered awnings. • Installation or repair of rain gutters. • Enclosure of existing covered patios/balconies /porches with screening. • Cement plaster (stucco) applied directly onto structures constructed of concrete masonry units. Application of cement plaster must meet or exceed the manufactures recommendations. All other applications will require a permit including but not limited to wood, Exterior Insulation Foam System (EIFS), brick, siding, or other application over metal lath or wire lath fabric. • Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single family residence or other miscellaneous utility building constructed on a residential zoned lot. This exemption shall not allow nor relieve the building owner, unit owner, installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code. • Movable cases, counters, and partitions not over 10 feet in height. • Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish work. This exemption is not allowed nor applicable when the work or alteration affects 3 Agenda Item No. 16A8 October 27, 2009 Page 7 of 13 the structural integrity of a load bearing wall, or the fire resistant material of a fire rated horizontal or vertical separation. Projects located within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits. • Swings and other playground equipment accessory. This exemption shall not allow nor permit the encroachment of setbacks or the erection of any unsafe, structurally unsound, or dilapidated structure. In the event the`str'ucture violates setbacks or is considered unsafe, structurally unsound, or dilapidated the building official may require a permit. Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations. To assure your safety and to assure proper construction and/or installation, those homeowners who are not familiar with the provisions and requirements of the Florida Building Code are encouraged to visit the website www2.iccsafe.org /states /florida codes/ to review code requirements prior to doing any work or repairs or they can contact the County Building Department if they have any questions. Homeowners lacking the technical background and familiarity with the code requirements are encouraged to have the work done by a licensed professional or in the alternative apply for a permit where they will receive a technical review of the proposed work and where they will receive all required onsite technical inspections performed by a state licensed professional building inspector. M Agenda Item No. 16A8 October 27, 2009 Page 8 of 13 ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE, 2007 EDITION, AND PURSUANT TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA STATUTES, AWDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF THE 2007 FLORIDA BUILDING CODE RELATING TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR HER OWN PROPERTY; PROVIDING FOR REPEAL OF ORDINANCE NO. 2002 -01 IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida Statutes provides that counties, as political subdivisions of the State, have the governmental and proprietary powers to enable them to conduct government, perform services, and may exercise any such powers for public purposes, except when expressly prohibited by law; and WHEREAS, pursuant thereto, on January 8, 2002, the Board of County Commissioners adopted Ordinance No. 2002 -01, which adopted by reference the Florida Building Code, 2001 edition, to be enforced by Collier County in the unincorporated portions of the County as well as local amendments to the administrative procedures of the Florida Building Code as authorized by Section 553.73(4)(a), Florida Statutes; and WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the Florida Building Code adopted by a local government pursuant to this paragraph shall be effective only until adoption by the Florida Building Commission of a new edition of the Florida Building Code every third year; and WHEREAS, since adoption of Ordinance No. 2002 -01, the Florida Building Commission has adopted Florida Building Code, 2004 Edition, subsequently replaced by Florida Building Code, 2007 Edition; and Page 1 of 6 Agenda Item No. 16A8 October 27, 2009 Page 9 of 13 WHEREAS; on April 23, 2009, the Collier County Building Review and Permitting Department petitioned the State of Florida Building Commission inquiring whether replacement of a gas or electric water heater requires a building permit under the requirements of the Florida Building Code; and WHEREAS, the State of Florida Building Commission issued a Declaratory Statement dated September 9, 2009, stating in part, "Therefore, based on the foregoing, and in the absence of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes (2007), the Code requires a permit for the replacement of a gas or electric water heater "; and WHEREAS, the Board of County Commissioners desires to repeal Ordinance No. 2002- 01 in its entirety and formally adopt, by reference, the Florida Building Code, 2007 Edition; and WHEREAS, pursuant to Section 553.80(3), Florida Statutes, the Board of County Commissioners desires to add certain exemptions to Section 105.2 of the 2007 Florida Building Code (Work Exempt from Permit) relating to addition, alteration, or repairs performed by a property owner on his or her own property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AND ADDITIONS TO THE FLORIDA BUILDING CODE. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and Section 553.80(3)(c), Florida Statutes. Page 2 of 6 Agenda Item No. 16A8 October 27, 2009 Page 10 of 13 Permit exemption is for owners of single family detached residences performing work on single family properties. All work performed shall comply with the standards of the Florida Building Code Residential. Electrical I. Repair work performed by licensed electrical contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair or replace existing light fixtures and ceiling fans. 3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts. 4. Repair or replace the following low voltage (under 77 volts) devices: (a) Telephone (b) Television (c) Data Cable (d) Central Vacuum (e) Burglar Alarm (f) Intercom System Plumbing 1. Repair /replace work performed by licensed plumbing contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair water solar panels by licensed plumbing contractors. 3. Change out of an above ground LP tank 100 lbs or less. 4. Repair irrigation system. 5. Repair domestic water service /lines. 6. Unclog sewer stoppage. 7. Repair sewer line excluding repair or replacement of interceptors, separators by licensed plumbing contractors. 8. Repair /replace faucets. 9. Repair /replace water closet/bidet/urinal fixtures only. 10. Repair /replace sink/lavatory/drinking fountain fixtures only. 11. Repair /replace residential pool equipment other than pool heater. 12. Repair /replace shut off valve on a domestic water line. 13. Repair / replace and house pumps not exceeding 2 hp 14. Repair /replace residential disposal. 15. Repair /replace residential dishwasher. 16. Repair /replace like - for -like kind electric water heater up to 52- gallon capacity to include electrical connection. 17. Repair /replacement of water purification/water softener equipment. Mechanical 1. Repair work performed by licensed mechanical contractors that does not exceed $1,500.00 in cost for parts and labor. 2. Repair of air conditioning duct. 3. Repair or replace coil, compressor or refrigerant piping by Iicensed mechanical contractor. 4. Repair or replace non - combustion heating by licensed mechanical contractors. Page 3 of 6 Agenda Item No. 16A8 October 27, 2009 Page 11 of 13 5. Repair ventilation fans. 6. Replacement of window air conditioning unit. 7. Installation of ductless ventilation and range hoods Building 1. Repair work performed by licensed contractors per Florida Statute 489 that is not structural in nature and does not change the occupancy, does not affect life safety and the value of which does not exceed $1,500.00 in labor and materials. 2. The repair of any roof covering not exceeding $1,500.00 in value of materials and labor or work not exceeding two roofing squares (200 sq. ft.) in extent. 3. Installation or repair of satellite dishes installed in accordance with manufacturers specifications and in compliance with local zoning requirements. 4. Installation or repair of canvas or cloth covered awnings. 5. Installation or repair of rain gutters. 6. Enclosure of existing covered patios/balconies /porches with screening. 7. Cement plaster (stucco) applied directly onto structures constructed of concrete masonry units. Application of cement plaster must meet or exceed the manufactures recommendations. All other applications will require a permit including but not limited to wood, Exterior Insulation Foam System (EIFS), brick, siding, or other application over metal lath or wire lath fabric. 8. Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single family residence or other miscellaneous utility building constructed on a residential zoned lot. This exemption shall not allow nor relieve the building owner, unit owner, installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code. 9. Movable cases, counters, and partitions not over 10 feet in height. 10. Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish work. This exemption is not allowed nor applicable when the work or alteration affects the structural integrity of a load bearing wall, or the fire resistant material of a fire rated horizontal or vertical separation. Projects located within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits. 11. Swings and other playground equipment accessory. This exemption shall not allow nor permit the encroachment of setbacks or the erection of any unsafe, structurally unsound, or dilapidated structure. In the event the structure violates setbacks or is considered unsafe, structurally unsound, or dilapidated the building official may require a permit. Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations. To assure your safety and to assure proper construction and/or installation, those homeowners who are not familiar with the provisions and requirements of the Florida Building Code are encouraged to visit the website www2. iccsafe.org/states /florida_codes/ to review code requirements prior to doing any work or repairs or they can contact the county building department if they have any questions. Homeowners lacking the technical background and familiarity with the code requirements are encouraged to have the work done by a licensed Page 4 of 6 Agenda Item No. 16A8 October 27, 2009 Page 12 of 13 professional or in the alternative apply for a permit where they will receive a technical review of the proposed work and where they will receive all required onsite technical inspections performed by a state Iicensed professional building inspector. SECTION TWO: REPEAL Ordinance No. 2002 -01 is hereby repealed in its entirety. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: PENALTIES FOR VIOLATION. If any person, firm, corporation, or other legal entity whether public or private, shall fail or refuse to obey or comply with, or violates, any of the provisions of the Ordinance, such person, firm, corporation, or other legal entity whether public or private, upon conviction of such offence, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the court. Each day of continued violation or noncompliance shall be considered as a separate Page 5 of 6 Agenda Item No. 16A8 October 27, 2009 Page 13 of 13 offense. In addition, any person, firm, corporation, or other legal entity whether public or private, convicted under the provisions of this section shall pay all costs and expenses involved in the case. In addition, the provisions of this Ordinance may be enforced by any means appropriate under Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County Land Development Code. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Jeff E. Wright Assistant County Attorney N BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Page 6 of 6