To amend the procedures used for updating and amending the Florida Building Code in order to bring them into conformance with changes made by section 6, ch. 2019-75, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-2.002Statewide Amendments to the Florida Building Code

PURPOSE AND EFFECT: To amend the procedures used for updating and amending the Florida Building Code in order to bring them into conformance with changes made by section 6, ch. 2019-75, Laws of Florida.

SUMMARY: It will no longer be necessary for a model code provision to be necessary to accommodate a specific need of this state in order for it to be included as part of the triennial update process for the Florida Building Code. The review process utilized by the Commission and its Technical Advisory Committees has also been changed in order to more efficiently evaluate model code provisions.

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 rule addresses Commission procedures and will not have a fiscal impact.

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(3), (7)-(9), 553.76(1), (2), (4), 553.77 FS.

LAW IMPLEMENTED: 553.73(3), (7)-(9), 553.76(2), 553.77 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: Thomas Campbell, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

Substantial rewording of Rule 61G20-2.002 follows. See Florida Administrative Code for present text.

 

61G20-2.002 Updates and Statewide Amendments to the Florida Building Code.

(1) The Florida Building Commission shall update the Florida Building Code triennially in accordance with subsection 553.73(7), F.S. When updating the code, the Commission shall review the most current updates to the model codes including, but not limited to, the International Building Code, the International Fuel Gas Code, the International Existing Building Code, the International Mechanical Code, the International Plumbing Code, the International Residential Code, the International Energy Conservation Code, and the National Electrical Code. The Commission shall also consider its own interpretations and declaratory statements, any relevant appellate decisions, and local technical amendments. For the purpose of conducting the review of the model codes, the following steps will be undertaken:

(a) The Commission shall select the model codes that will be used to conduct its review.

(b) Commission staff shall review the model codes and identify any provisions which overlap with the provisions of the Florida Building Code, correlate directly with the provisions of the Florida Building Code, provide for energy efficiency standards that meet or exceed the national energy standards mandated by Title III of the Energy Conservation and Protection Act, or are necessary to maintain eligibility for federal funding and discounts from the National Flood Insurance Program, the Federal Emergency Management Agency, or the United States Department of Housing and Urban Development, in accordance with subsection 553.73(7), F.S.

(c) After the latest updates of the model codes are published and the staff review is completed, a complete listing of the changes to the model codes will be posted and made available for public review and comment on the Building Code Information System (BCIS) for a minimum of 45 days prior to review by the Commission’s Technical Advisory Committees (TACs).

(d) Before review by the Commission’s TACs, changes affecting residential construction shall be reviewed by the Residential Construction Cost Impact Workgroup (RCCIWG), and the report of the RCCIWG shall be made available to the TACs.

(e) The Commission’s TACs shall review the model code provisions in their area of expertise for potential inclusion in the updated Florida Building Code. Should a model code provision overlap in the expertise of multiple TACs, all relevant TACs shall review the provision. The TACs shall also review any public comments. The TACs may make the following recommendations to the Commission:

1. That the Commission reject certain model code provisions by consent agenda. Model code provisions may be recommended for rejection due to such issues as being unnecessary, negatively impacting the level of public health, safety, or general welfare provided by an existing Florida Building Code provision, diminishing the requirements of provisions related to wind resistance or water intrusion, unnecessarily imposing additional costs, or potentially requiring modification or further investigation before being adopted for use in this state. 

2. That the Commission approve certain model code provisions by consent agenda. When considering whether to recommend inclusion on a consent agenda for approval, the TACs shall consider such criteria as whether the model code provisions are editorial or organizational in nature, correct an error, provide clarification, provide for alternative design methods, improve the effectiveness of the code, are uncontroversial to affected stakeholders, or are required by law.

3. That the Commission approve or reject certain model code provisions after considering them individually. When recommending individual consideration of model code updates, the TACs shall consider such criteria as whether the update has the potential to impose significant costs, cause confusion or regulatory difficulty, may be unnecessary, is highly controversial to affected stakeholders, or requires further evaluation. The TACs’ recommendations shall be accompanied by a brief explanatory remark, and will be posted on the Commission’s website.

(f) After the TACs have reviewed the model code provisions and made their recommendations pursuant to paragraph (e), the Commission shall meet to determine which model code provisions to include in the updated edition of the Florida Building Code.  Notwithstanding the TACs’ recommendations, Commissioners may specify that particular provisions on consent agendas be considered individually. After Commission approval, all of the approved changes to the Florida Building Code will be made available on the Commission’s website. The public will then have the opportunity to submit amendments to the Florida Building Code and the approved changes to the Florida Building Code pursuant to subsection (2) of this rule.

(2) The Commission may amend the Code at any time pursuant to the requirements of paragraph 553.73(7)(c), F.S., or subsection 553.73(8), F.S., and once each year pursuant to subsection 553.73(9), F.S. Amendments to the Florida Building Code submitted pursuant to paragraph 553.73(7)(c), F.S., subsection 553.73(8), F.S., or 553.73(9), F.S., shall be submitted on the Code Amendment Proposal Form, No. 61G20-1.001, effective January 2018, adopted and incorporated herein, which may be found on the BCIS at http://www.floridabuilding.org/cm/cm_code_srch.aspx, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-08931 or by contacting the Department of Business and Professional Regulation, Office of  Codes & Standards, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772. The Code Amendment Proposal Form shall be submitted online at http://www.floridabuilding.org/cm/cm_code_srch.aspx and shall be reviewed by Commission staff for sufficiency. Commission staff shall ascertain 1) whether the amendment to the code has been submitted in legislative format, 2) if the rationale for amending the code has been provided, and 3) if all required questions regarding fiscal and other impacts have been answered by the proponent. The term “NA” or “Not applicable” shall be considered an insufficient answer to statutorily required questions. If a proposed code amendment is submitted more than two weeks prior to the deadline established and staff finds the proposal to be insufficient, staff shall notify the proponent via email of the nature of its insufficiency and that if the proponent of the amendment elects to resubmit the proposal curing the insufficiency, it must be resubmitted prior to the deadline. Once a Code Amendment Proposal has been found sufficient, Commission staff shall verify such status online, enabling the BCIS to show the proposal to the general public for comment. Code Amendment Proposals found insufficient shall not be verified or considered as building code amendments in the code amendment process.

(a) Each proposed amendment will be heard first by the appropriate TAC, which will consider the proposal and all documentation submitted therewith, and consider whether to recommend approval, which shall require a two-thirds vote of TAC members or alternates in attendance. The TAC may modify a proposed amendment if it provides the documentation required by subsection (2) of this rule. Approval of modifications to the proposed amendment shall require a two-thirds vote of TAC members or alternates in attendance. After modification, the TAC must then vote whether to recommend adoption as amended, which shall require a two-thirds vote of TAC members or alternates in attendance.

(b) The Commission shall publish each proposed amendment on its website at www.floridabuilding.org at least 45 days prior to its consideration by the appropriate TAC. This notice may run concurrently with the notice required by subsection 120.54(2), F.S., and is not intended to extend the required rulemaking timeframes therein.

(c) The Commission shall consider and vote upon each proposed amendment after consideration by at least one TAC. The decision of the Commission to approve a proposed amendment shall be by at least the required three-fourths vote of Commissioners in attendance. Those proposals failing to meet the vote requirement shall not be adopted. The Commission may modify a proposed amendment upon a three-fourths vote of Commissioners in attendance, provided that the form required by subsection (2) of this rule is amended to reflect the modification and supporting documentation is submitted.

(d) The Commission shall publish each proposed amendment on the BCIS at www.floridabuilding.org at least 45 days prior to its consideration by the Commission. This notice may run concurrently with the notice required by subsection 120.54(3), F.S., and is not intended to extend the required rulemaking timeframes therein.

(3) Each amendment approved for adoption by the Florida Building Commission pursuant to subsection 553.73(9), F.S., shall take effect no earlier than three months after the rule amendment is filed for adoption with the Department of State.

Rulemaking Authority 553.73(3), (7)-(9), 553.76(1), (2), (4), 553.77 FS. Law Implemented 553.73(3), (7)-(9)(6)-(8), 553.76(2), 553.77 FS. History–New 11-20-01, Amended 6-8-05, 2-28-06, 9-13-07, 7-30-08, Formerly 9B-3.050, 9N-2.002, Amended 7-1-13, 3-27-18,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: The Florida Building Commission

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 07, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 25, 2019