The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF MANAGEMENT SERVICES
Division of Building Construction

RULE NO.: RULE TITLE:
60D-7.005: Minimum Basic Codes
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Prior to House Bill 4181 (1998)
Florida Statutes in 1998 required local governments and state agencies with building construction regulation responsibilities to adopt a building code that covered all types of construction. The selected code(s) were to include the provisions of parts I-V, VII, and VIII of Chapter 553, F.S., which are related to plumbing, electrical requirements, glass, manufactured buildings, accessibility by handicapped persons, and thermal efficiency. These were required to be in addition to the requirements set forth in Chapter 527, F.S., which pertains to liquefied petroleum gas. This was in addition to the State Minimum Building Codes that identified nationally recognized model codes such as Standard Building Code, EPCOT Code and the South Florida Building Code.
In 1998, thirty-nine Chapters of the Florida Statutes assign sixteen agencies the responsibility for regulation of building and construction. State agencies publish their regulations as rules in the Florida Administrative Code. Many of their regulations address specialty items like elevators, on-site sewage treatment, potable water supplies and environmental issues with cross references. The Florida Department of Education established their own state-wide code and adopted various fire safety and building codes. In addition, counties and municipalities regulated construction of public buildings within their boundaries. Permitting, plans review, inspections and the issuing of a Certificate of Occupancy involved several state and local government agencies.
The Department of Management Services (DMS) had permitting and inspection authority over the construction, renovation and repair of all state-owned buildings. This authority was provided through Sections 255.25 and 553.80, F.S., and a 1980 Attorney General Opinion (Annual Report of the Attorney General 83-88) that the state’s authority supersedes local authority. DMS performed these services for state agencies and used Standard Building Code of the time in all counties except Broward and Dade. Through authority provided in Section 255.30, F.S., DMS delegated to the Department of Corrections (DOC) the responsibility for the development and administration of DOC construction of prison facilities projects. DOC primarily uses Standard Building Codes as well as correctional facilities guidelines developed by the corrections industry. DMS and the State Fire Marshal reviewed plans, inspected facilities, and issue certificates of occupancy.
After House Bill 4181 (1998) and HB 219 (2000)
After the 1998 legislative session, authorization to adopt and subsequently update a statewide unified building code was in place. This legislation reestablished the Board of Building Codes and Standards as the currently in place Florida Building Commission. The existing statutes applicable to building codes were scheduled for repealed on January 1, 2001. However, the effective repeal date of the relevant sections of Chapter 553, Florida Statutes, were subject to Legislative approval for the state-wide unified building code being developed by the Florida Building Commission. The Florida Building Code was authorized to be the sole document incorporating all building standards and to be adopted by all enforcement agencies in Florida as well as state agencies that license different types of facilities. By adopting the Florida Building Code, House Bill 4181 replaced the State Minimum Building Codes established in Section 553.73 F.S.
HB 219 (2000) amended Section 255.31, F.S., placing all design, construction, erection, alteration, modification, repair, and demolition of all public and private buildings under the Florida Building Code and the Florida Fire Prevention Code. It placed state enforcement authority with local jurisdictions and local enforcement districts (with some exemption). The DMS exception was for the Capitol Complex and Governor’s Mansion after July 1, 2001. Provisions made within Section 553.77(3), F.S. referencing Section 255.25, F.S. effectively deleting DMS advisory role to any local government decision with respect to construction not subject to a state agency model code as well as other standards were deleted. State agencies permitting and inspection activity was effectively ended.
However, due to implementation issues with the unified building code, the Legislature extended DMS permitting activity until the Florida Building Code became effective in March 2002. At that time, DMS ended issuing any new permits and only performed inspections on projects previously issued a permit. Local government jurisdictions (Building Authorities) currently provide state agencies permitting and inspection services. With the implementation of the Florida Building Code, HB 1307 (2002) also provided an option to contract for inspections through a private provider, which includes both private projects as well as public institutions.
Current Conditions
Section 255.31, F.S. currently authorizes DMS to perform plans review and inspection services for facilities constructed under the authority of Chapters 944, 945, and 985, F.S.; the Governor’s mansion and grounds thereof, as described in Section 272.18, F.S.; and the Capitol Building and environs bounded on the north by Pensacola and Jefferson Streets, on the east by Monroe Street, on the south by Madison Street, and on the west by Duval Street. These services are currently accomplished in compliance with the Florida Building Code as it is established today and no additional code standards are required. This makes Rule 60D-7.005 of the Florida Administrative Code obsolete. Repeal of this rule will not impact the building related activities and tasks of DMS or other state agencies.
OTHER RULES INCORPORATING THIS RULE: None
EFFECT ON THOSE OTHER RULES: None
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The agency has determined that this rule will not have an adverse impact on small business or likely increase 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.
STATEMENT REGARDING LEGISLATIVE RATIFICATION: The repeal of this rule is not expected to require legislative ratification pursuant to Section 120.541(3)(a)1., F.S., as there will be no impact on economic growth, job creation or employment, private-sector investment, or business competitiveness and no increase in 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), (2) FS.
LAW IMPLEMENTED: 553.73 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 12, 2011, 1:00 p.m.
PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Meredith Brock, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Meredith Brock, Department of Management Services, 4050 Esplanade Way Suite #360D, Tallahassee, FL 32399, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

60D-7.005 Minimum Basic Codes.

Rulemaking Specific Authority 553.73(1), (2) FS. Law Implemented 553.73 FS. History–New 9-7-81, Amended 7-10-85, Formerly 13D-17.05, Amended 10-31-90, Formerly 13D-17.005, Amended 5-12-96, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Meredith Brock
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary John P. Miles
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2011