Florida Accessibility Code for Building Construction

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Building Commission

RULE NO.: RULE TITLE:
9N-4.002: Florida Accessibility Code for Building Construction

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 28, July 15, 2011 issue of the Florida Administrative Weekly.

The Florida Building Commission voted to modify the reference document adopted by this rule based upon comments received at the rule adoption hearing as follows. Four proposed figures identified during the rule hearing were approved for addition to the code: Figures 502.2 and 502.3 that modify the parking space and access aisle drawings to reflect the requirements of Florida law; Figure 406.8 depicting the Federal requirement for detectable warnings on curb ramps subject to 49 CFR 37.21; and Figure 604.8.1.6 depicting the wheelchair accessible toilet compartment requirements as established by Florida law. The text of Sections 206.3, 406.8 and 810.5.3 was modified to indicate that the language added to the ADA Standards for Accessible Design by the Commission are required only for transportation facilities subject to the 49 CFR 37.21. Lastly, section 810.2.2 of the code was modified to eliminate the language of that section taken from 49 CFR 37 because it was redundant.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency. This rule will not require legislative ratification. Based on the relationship of this rule with Federal law and state statutory implementation thereof its net impact is to provide the regulated interests with some protection in litigation and the reference document is ultimately an element of the Florida Building Code which has been provided with an exemption from the requirement for ratification.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

This rule will have a delayed effective date of March 15, 2012

9N-4.002 Florida Accessibility Code for Building Construction.

(1) The 2012 Florida Accessibility Code for Building Construction (the Code), as approved by the Florida Building Commission on August 9, 2011, is adopted by reference. Copies of the Code are available on the internet at www.floridabuilding.org or by writing to the Codes and Standards Section, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.

Rulemaking Authority 553.503 FS. Law Implemented 553.503 FS. History–New 9-14-97, Amended 10-31-99, 1-20-02, 1-20-08, 5-14-08, Formerly 9B-7.0042, Amended_________.