House Bill 401 (2021) created a process whereby a person may petition the Florida Building Commission for a nonbinding advisory opinion about whether a local regulation constitutes a technical amendment to the Florida Building ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-2.003Local Amendments to the Florida Building Code

PURPOSE AND EFFECT: House Bill 401 (2021) created a process whereby a person may petition the Florida Building Commission for a nonbinding advisory opinion about whether a local regulation constitutes a technical amendment to the Florida Building Code. The Commission is required to adopt a form for the petition and directions for filing, and this proposed rulemaking will do so. HB 401 also modified the structure of subsection 553.73(4), F.S., in a manner that now subjects all local code amendments to triennial review by the Commission, and potential expiration. Prior to HB 401, only local technical amendments were subject to triennial review and potential expiration, and the Commission’s rule will be updated to track the new statutory language. The Commission also intends to correct an outdated citation in the current rule.

SUMMARY: The proposed amendment will adopt a form for petitions for nonbinding advisory opinions regarding whether local regulations constitute technical amendments to the Florida Building Code, and will also correct an outdated citation.

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relied upon and described herein: The proposed amendment will adopt a statutorily required form, and correct an outdated citation.

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(4), 553.73(5), FS.

LAW IMPLEMENTED: 553.73(4), 553.73(5), 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:

 

61G20-2.003 Local Amendments to the Florida Building Code.

(1) through (2) No change.

(3) The Commission may review local technical amendments and issue nonbinding recommendations to the local government regarding the compliance of such amendments with the requirements of Section 553.73(4) 553.73(4)(b), F.S. For purposes of this review, each amendment shall be considered first by the applicable Technical Advisory Committee which shall make a recommendation to the Commission regarding the compliance of the amendment with the applicable criteria. The nonbinding recommendation shall be issued in writing to the local government and shall be issued to the local government within thirty (30) days of the conclusion of the Commission meeting at which the recommendation is approved.

(4) Form 61G20-2.003NBAO, effective March 2022, is adopted for use by persons seeking a nonbinding advisory opinion about whether a local government regulation, law, ordinance, policy, amendment, or land use or zoning provision constitutes a technical amendment to the Florida Building Code, pursuant to section 553.73(4)(l), F.S.. The form is available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-14047 and https://floridabuilding.org/.

(5) (4) When triennially updating the Florida Building Code, the Commission shall review each locally adopted technical amendment and determine whether the amendment meets the criteria listed in section 553.73(9)(a), F.S. subsection 61G20-2.002(1), F.A.C. For purposes of such determination, each amendment shall be referred to the applicable Technical Advisory Committee for review and recommendation to the full Commission. If the Commission determines that the amendment meets the criteria, the Commission may adopt the amendment into the Florida Building Code following the procedures established in subsections 61G20-2.002(3)-(8), F.A.C. If the Commission determines that the amendment does not meet the criteria, the Commission shall rescind the amendment. Rescissions shall be in writing with written findings and shall be transmitted to the local government within 30 days of the conclusion of the meeting at which the Commission’s decision is voted upon.

Rulemaking Authority 553.73(4), (5) FS. Law Implemented 553.73(4), (5) FS. History–New 11-20-01, Formerly 9B-3.051, 9N-2.003. Amended.

 

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: December 14, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 16, 2021