Subsection 553.899(12), Florida Statutes, directs the Florida Building Commission to adopt rules to establish a building safety program for the implementation of section 553.899, Florida Statutes, within the Florida Building ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-1.001Florida Building Code Adopted

PURPOSE AND EFFECT: Subsection 553.899(12), Florida Statutes, directs the Florida Building Commission to adopt rules to establish a building safety program for the implementation of section 553.899, Florida Statutes, within the Florida Building Code, Existing Building volume, by December 31, 2024. The program must, at a minimum, include inspection criteria, testing protocols, standardized inspection and reporting forms that are adaptable to an electronic format, and record maintenance requirements for the local authority.

SUMMARY: The proposed amendments will integrate a building safety program in the Florida Building Code, Existing Building, 8th Edition (2023), in order to satisfy the requirements of subsection 553.899(12), Florida Statutes.

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: Although the milestone inspections will impose a cost on certain condominium and cooperative building owners, those requirements are established by section 553.899, Florida Statutes. The rulemaking will incorporate the milestone inspection requirements into the Florida Building Code, as required, along with some additional details, but the rulemaking itself should not result in greater regulatory costs.

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), 553.73(2), 553.73(7), 553.73(9), 553.76(1), 553.77(1), 553.899(12), 553.901 FS.

LAW IMPLEMENTED: 553.72, 553.73(2), 553.73(3), 553.73(7), 553.73(8), 553.73(9), 553.899, 553.901 FS.

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, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G20-1.001 Florida Building Code Adopted.

(1) The Florida Building Code, 8th Edition (2023), as updated by the Florida Building Commission on June 20, 2023, and April 16, 2024, and August 13, 2024, and incorporated herein by reference is hereby adopted as the building code for the State of Florida.

(2) No change.

Rulemaking Authority 553.73(1), (7) FS. Law Implemented 399.031, 553.37(1), 553.72, 553.73, 553.844(5), 553.899 FS., Sections 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, Sections 10, 11, 14, 17, 19, 23, 24, 25, 26, 32, 33, 34, 35, 36, 37, 39, Chapter 2016-129, Laws of Florida, Chapter 2016-211, 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 4-25-13, 6-30-15, 12-21-16, 12-31-17, 12-31-20, 12-26-21, 1-1-23, 1-3-23, 9-18-23, 12-31-23, 8-15-24, 8-19-24,                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Building Commission.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 27, 2023