Implement limited changes to the 2010 Florida Building Code (the Code) that meet the criteria established by Section 553.73(8), Florida Statutes, identified as an update to the administrative and technical requirements of the Code including an ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Building Commission

RULE NO.:RULE TITLE:
61G20-1.001Florida Building Code Adopted
PURPOSE AND EFFECT: Implement limited changes to the 2010 Florida Building Code (the Code) that meet the criteria established by Section 553.73(8), Florida Statutes, identified as an update to the administrative and technical requirements of the Code including an exemption for hunting cabins and an amended definition for the term “Bedroom” per change to Florida law; amendments to achieve state construction code consistency for public swimming pools; amendments to correct specific reference code sections and typos; amendments to update industry standards for wood design and testing of impact protective products; amendment to allow dry flood proofing in Coastal A Zones for consistency with federal standards; and update to the energy provisions, including 1) for residential building applications: correction of U-factors for mass walls; addition of Class A, B or mechanical air-conditioning contractors for duct testing per a change to Florida law; clarification of code treatment for thermostats; addition of credit for ceiling fans previously in the code; and corrections to the residential prescriptive code compliance form; and 2) for commercial building applications: replacing overlooked exemptions from the previous code; limiting the application of equipment sizing and duct sealing requirements for existing buildings to residential; clarification of insulation levels for commercial buildings; correction of insulation levels for certain pipe sizes; addition of standard reference design criteria inadvertently omitted from the code and corrections to expressed standard reference design criteria having unexpected consequences for commercial buildings.
NOTE: The full text of modifications and amendments approved by the Commission, together with the applicable procedural history and comments, are available at www.floridabuilding.org, or by contacting the Codes and Standards Office at [phone].
SUMMARY: Statute permits the Commission to address certain administrative and technical inconsistencies/conflicts currently existing in the 2010 Florida Building Code for the purpose of resolving such inconsistencies/conflicts. This practice avoids unnecessary expense to the construction industry relative to the cost of compliance with the Code and ultimately improves compliance, enforcement and effectiveness of the Code.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Commission conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 553.73(1), (2), (6), (7) FS., Sections 21, 32, 33, 34, 36, 44, 46, 48, Chapter 2005-147, Laws of Florida, Section 1, Chapter 2006-65, Laws of Florida, Section 10, Chapter 2007-1, Laws of Florida.
LAW IMPLEMENTED: 553.72, 553.73(2), (3), (6), (7), (9) FS., Sections 21, 32, 33, 34, 36, 44, 46, 48, Chapter 2005-147, Laws of Florida, Section 1, Chapter 2006-65, Laws of Florida, Section 10, Chapter 2007-1, Laws of Florida.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mo Madani, Planning Manager, Department of Business and Professional Regulation, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61G20-1.001 Florida Building Code Adopted...

(1) The Florida Building Code, 2010 Edition, as updated by the Florida Building Commission on – August 9, 2011, and amended by the Commission on August 7, 2012, incorporated herein by reference is hereby adopted as the building code for the State of Florida.

(2) No change.

Rulemaking Authority 553.73(1), (2), (6), (7) FS., Sections 21, 32, 33, 34, 36, 44, 46, 48, Chapter 2005-147, Laws of Florida, Section 1, Chapter 2006-65, Laws of Florida, Section 10, Chapter 2007-1, Laws of Florida. Law Implemented 553.72, 553.73(2), (3), (6), (7), (9) FS., Sections 21, 32, 33, 34, 36, 44, 46, 48, Chapter 2005-147, Laws of Florida, Section 1, Chapter 2006-65, Laws of Florida, Section 10, Chapter 2007-1, Laws of Florida. History–New 7-18-90, Amended 3-30-93, 10-17-93, 8-28-95, 9-24-96, 12-26-96, 4-27-97, 10-5-97, 10-14-97, 9-7-00, 11-28-00, 2-7-01, 12-16-01, 6-30-03, 4-3-05, 12-11-05, 12-8-06, 5-21-07, 10-1-08, 2-17-09, 10-1-09, Formerly 9B-3.047, Amended 11-10-11, Formerly 9N-1.001 Amended _______________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mo Madani, Planning Manager, Department of Business and Professional Regulation, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 18, 2012