To revise forms and procedures for applying for a waiver or modification of Florida-specific accessibility standards contained in the Florida Accessibility Code for Building Construction (FACBC). To add clarification language to Section 101.2 of ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Building Commission

RULE NO.:RULE TITLE:
61G20-4.001Procedures
61G20-4.002 Florida Accessibility Code for Building Construction
PURPOSE AND EFFECT: To revise forms and procedures for applying for a waiver or modification of Florida-specific accessibility standards contained in the Florida Accessibility Code for Building Construction (FACBC). To add clarification language to Section 101.2 of the FACBC with regard to architectural barrier removal necessary to maintain consistency with the 2010 ADA Standard for Accessible Design. The modifications thereto are available via the Commissions website, www.floridabuilding.org.
SUMMARY: The amendments update forms and procedures to consider the standards relating to pool lifts and architectural barrier removal.
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 economic review conducted by the agency
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: 553.512(1) FS.
LAW IMPLEMENTED: 553.512(1) 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, 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:

61G20-4.001 Procedures.

(1) All applications for a waiver or modification of the requirements of the Act or the Code shall be filed on the Form FBC 2012-01 Request for Waiver, Forms No. 2002-01 and 2001-02, Request for Waiver, effective October 2012, adopted and incorporated herein which the Commission hereby incorporates by reference, effective October 18, 2007. Copies of Form FBC 2012-01 Forms No. 2002-01 and 2001-02 are available by writing to the Codes and Standards Office, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399 or at ________. Upon certification from an applicant that all information requested by these rules has been furnished and after review and verification by Commission Staff, the request will be scheduled for consideration at the Accessibility Advisory Council’s Commission’s next scheduled meeting provided that at least 7 14 days notice can be given to the members of the Advisory Council.

(2) All Requests shall be prepared in accordance with the instructions on Form FBC 2012-01 Form No.  2002-01, but the Commission may waive a requirement in the instructions if the Commission finds the requirement unnecessary to the consideration of the Request. A Request shall be for one Project only, and no Request shall be considered by the Commission unless it shall have first been reviewed by the Council.

(3) The Commission and the Council may delegate to staff the authority to review an application and place it on a consent agenda only in the following circumstances:

(a) A majority of the Council has recommended approval of a waiver application accompanied by a particular set of design documents;

(b) The Commission has ordered a waiver based on the same set of design documents; and

(c) The Project for which application for a waiver is made is:

1. Owned by the same owner, franchised by the same franchiser, or licensed by the same licensor as the project previously approved by the Commission; and

2. To be built according to the same set of design documents previously approved by the Commission; and

3. The design documents described in subparagraph 2. above have been certified by the architect of record using Form 2001-02, which the Commission hereby incorporates by reference, effective October 18, 1997. Copies of Form No. 1997-04 are available by writing to the Codes and Standards Section, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-; and

(d) The delegation has been entered in the minutes of the meetings of the Commission and of the Council. The Commission may, upon the request of any Commission member, remove an application from the consent agenda. If an application is removed from the consent agenda, it shall be placed on the agenda for hearing in sequence that day.

(4)(3) At its meetings, the Council shall consider all Requests, and shall prepare a recommendation for the Commission on each Request. The recommendation may be for approval, approval for a specified time, approval with a specified condition, or disapproval. If the Council finds that the Request does not give it sufficient information to make a recommendation, it may also recommend that the Commission defer action on the Request until such information is furnished. In the absence of a quorum, individual members of the Council may present recommendations to the Commission.

(4)(5) At the meeting of the Commission, the Chairman of the Council or his designee shall present the recommendations of the Council on each Request. At its discretion, the Commission may hear any argument in support of or opposition to any Request and it may at its discretion vote upon more than one Request together. In acting upon a Request, at its discretion the Commission may wholly or partly agree or disagree with the recommendation of the Council, and may approve any Request, may approve it for a specified time, may approve it with a specified condition, may disapprove it, or may defer it for additional information.

(5)(6) The Commission may, subject to the limitations and requirements of Section 553.512, F.S., waive one or more Florida specific requirements of the Act or the Code created pursuant to Section 553.504-553.511, F.S. if it finds that compliance with the literal requirements will cause an unnecessary, unreasonable, or extreme hardship. A waiver or denial of a waiver shall be applicable only to the project in the Request, and no waiver shall stand as precedent for any other project or projects. In order for the Commission to find an unnecessary, unreasonable, or extreme hardship, the owner of the project must show the following:

(a) That the hardship is caused by a condition or set of conditions affecting the owner which does not affect owners in general.

(b) That substantial financial costs will be incurred by the owner if the waiver is denied.

(c) That the owner has made a diligent investigation into the costs of compliance with the Code, but cannot find an efficient mode of compliance.

(6)(7) The Commission shall reflect its action in a Final Order. The original of each Final Order shall be filed with the Clerk of the Department, who shall also act as Clerk of the Commission. Copies of each Final Order shall be sent by United States mail or electronic notification to the owner, to all professionals engaged in designing or building the project, and to the Building Official of the permitting jurisdiction. In addition, pertinent information concerning each Final Order shall be entered in a Master Topical Index of Final Orders, which shall be maintained by the Clerk of the Commission.

Rulemaking Authority 553.512(1) FS. Law Implemented 553.512(1) FS. History–New 1-31-79, Formerly 9B-7.03, Amended 10-1-96, 9-14-97, 9-7-00, 1-20-02, 10-18-07, Formerly 9B-7.003, Amended________.

 

61G20-4.002 Florida Accessibility Code for Building Construction.

The 2012 Florida Accessibility Code for Building Construction (the Code) as updated by the Commission, effective March 15, 2012 and as amended by the Commission on June 12, 2012 is adopted herein by reference. Copies of the Code are available on the internet at www.floridabuilding.org, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-00713  http://www2.iccsafe.org/states/florida_codes/, at__________ or by writing to the Codes and Standards Office, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399.

Rulemaking Authority 553.503 FS. Law Implemented 553.503 FS. History–New 9-14-97, Amended 10-31-99, 1-20-02, 1-20-08, 5-14-08, Formerly 9B-7.0042, Amended 3-15-12,________.

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: June 12, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 18, 2012