The purpose and effect of the proposed rule is to update a Florida Building Commission form in order to comply with the legislative mandate that the Commission collect fees for accessibility waiver applications.

 

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-4.001Procedures

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to update a Florida Building Commission form in order to comply with the legislative mandate that the Commission collect fees for accessibility waiver applications.

SUMMARY: This rule amendment will update the Commission’s form for accessibility waiver requests.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined this rule will not have an adverse impact on small business or likely increase directly or indirectly 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.

SPECIFIC AUTHORITY: 553.512(1), FS.

LAW IMPLEMENTED: 553.512(1), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Jim Richmond, Executive Director, Florida Building Commission, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-0772, [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 accompanied by a fee of $250.00, effective July 1, 2014, and filed on the Form FBC 2014-01 2012-01, Request for Accessibility Waiver, effective August 2015 October 2012, adopted and incorporated herein by reference and. Copies of Form FBC 2012-01 are available from the Building Code Information System at http:// https://floridabuilding.org/aw/accessibility_application_options.aspx by writing to the Codes and Standards Office, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399 or at https://flrules.org/gateway/reference.asp?No=Ref-05667 http://www.flrules.org/Gateway/reference.asp?No=Ref-02648. 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 next scheduled meeting provided that at least 7 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 2014-01 2012-01, 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) through (6) No change.

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, 9N-4.001, Amended 4-25-13, 9-9-13,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Building Commision

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 13, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2014