Effective Date for Blower Door and Mechanical Ventilation Requirements.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20ER15-1Effective Date for Blower Door and Mechanical Ventilation Requirements.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Commission finds that the Petition itself holds the proof of a danger to the health, safety, and welfare. The Commission finds that there is an economic impact to homeowners who will experience increased costs without this emergency rule, as demonstrated in testimony presented to the Commission on June 19, 2015. As explained in the Petition, there will be an estimated direct additional cost of conducting blower door testing of $200 to $300 per house for approximately 30,000 to 50,000 Florida homes per year if the blower door provision is implemented at this time. The Petition also explains that the implementation of the blower door test will also trigger the need for additional mechanical ventilation, potentially resulting in a cost of $300 to $2,500 per house for approximately 30,000 to 50,000 Florida homes per year and creating the potential for energy loss in these homes if the mechanical ventilation standards are liberally applied.

The Commission finds that the greater portion of the industry has not had a chance to get the proper training to comply with these requirements of the Florida Building Code, 5th Edition, which causes harm to the contractors and other tradesmen who are regulated by the Code as well as the citizens of Florida who will incur additional costs as contractors and other tradesmen are learning to implement these new requirements.

The Commission finds that the June 19, 2015, meeting testimony shows that, as it exists today, there are sick environments and houses are too airtight when the requirements at issue in this emergency rule are met. Both testimony and the Petition demonstrate that bringing Florida’s humid outside air into homes via additional mechanical ventilation can cause environmental health and indoor air quality issues for residents of the State of Florida, which presents a danger to the health, safety, and welfare of the public.

The Commission has identified that there is a demonstrated need for more time to study these issues and correct these issues before more harm is caused to the citizens of the State of Florida whose new homes must comply with these requirements.

There is insufficient time to correct the issue through standard rulemaking without emergency rulemaking because the 5th Edition of the Florida Building Code will become effective on June 30, 2015.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: The Commission provided substantial notice to the public regarding the emergency rulemaking. The Commission properly noticed its June 19th meeting on June 1st, 2015 in the Florida Administrative Register. The June 1st notice included in its description of the meeting that the Commission would consider, among other items, “relief regarding fire service access elevator and blower door test issues.” The Commission also listed the Petition for Emergency Rulemaking, the Amended Petition for Emergency Rulemaking, and the supplement to the petition on its meeting agenda, which was properly and timely posted to the Commission’s website. The online agenda also included a link to these documents. During the June 19, 2015 meeting, the Commission accepted further testimony and public comment regarding the proposed emergency rule. The rule's limited scope and the exigent circumstances presented to the Commission mitigate any perceived shortcomings related to notice. The emergency rule is a minimal procedural administration change that does not prohibit anyone from applying the new standard or his or her current business model. The emergency rule only has a permissive effect that permits additional activities under the 5th Edition of the Florida Building Code. It is necessary to address this issue as an emergency rule because of the implementation timeline of the 5th edition of the Florida Building Code. The Code becomes effective on June 30, 2015, which would not allow the Commission to address the issue through traditional rulemaking.

SUMMARY OF THE RULE: The emergency rule delays the effective date for blower door and mechanical ventilation requirements. Section 69, Chapter 2015-222, Laws of Florida, which becomes effective on July 1, 2015, addresses the underlying issues that are the subject of this emergency rule.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Mo Madani, Program Manager, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

61G20ER15-1 Effective Date for Blower Door and Mechanical Ventilation Requirements.

Notwithstanding the Florida Building Code, mandatory blower door testing and mechanical ventilation for residential buildings or dwelling units are not required during the period of time that this emergency rule is in effect.

Rulemaking Authority 553.73, 553.76 FS. Law Implemented 553.73, 553.76 FS. History‒New 6-30-15.

 

THIS RULE SHALL TAKE EFFECT IMMEDIATELY UPON FILING WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: June 30, 2015

EXPIRATION DATE: July 1, 2015