HB 1187

1	A bill to be entitled
2	An act relating to the Florida Building Code; amending s.
3	553.71, F.S.; deleting the definition of "exposure
4	category C"; amending s. 553.73, F.S.; authorizing the
5	Florida Building Commission to make certain limited
6	amendments to the Florida Building Code pursuant to rule
7	adoption procedures for certain purposes after triennial
8	updates; amending s. 553.775, F.S.; prohibiting
9	interpretation and review of certain accessibility
10	provisions of certain codes under certain procedures;
11	authorizing the commission to update or modify certain
12	wind design standards; authorizing the Florida Building
13	Commission to identify in the code certain areas of the
14	northwest portion of the state subject to certain wind
15	debris requirements of the code; specifying such areas as
16	subject to certain rule adoption procedures without being
17	subject to certain code development procedures;
18	superseding certain provisions of general law relating to
19	wind protection requirements; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (10) and (11) of section 553.71,
24	Florida Statutes, are amended to read:
25	553.71  Definitions.--As used in this part, the term:
26	(10)  "Exposure category C" means, except in the high
27	velocity hurricane zone, that area which lies within 1,500 feet
28	of the coastal construction control line, or within 1,500 feet
29	of the mean high tide line, whichever is less. On barrier
30	islands, exposure category C shall be applicable in the coastal
31	building zone set forth in s. 161.55(5).
32	(10)(11)  "Prototype building" means a building constructed
33	in accordance with architectural or engineering plans intended
34	for replication on various sites and which will be updated to
35	comply with the Florida Building Code and applicable laws
36	relating to firesafety, health and sanitation, casualty safety,
37	and requirements for persons with disabilities which are in
38	effect at the time a construction contract is to be awarded.
39	Section 2.  Subsection (6) of section 553.73, Florida
40	Statutes, is amended to read:
41	553.73  Florida Building Code.--
42	(6)(a)  The commission, by rule adopted pursuant to ss.
43	120.536(1) and 120.54, shall update the Florida Building Code
44	every 3 years. When updating the Florida Building Code, the
45	commission shall select the most current version of the
46	International Building Code, the International Fuel Gas Code,
47	the International Mechanical Code, the International Plumbing
48	Code, and the International Residential Code, all of which are
49	adopted by the International Code Council, and the National
50	Electrical Code, which is adopted by the National Fire
51	Protection Association, to form the foundation codes of the
52	updated Florida Building Code, if the version has been adopted
53	by the applicable model code entity International Code Council
54	and made available to the public at least 6 months prior to its
55	selection by the commission.
56	(b)  Codes regarding noise contour lines shall be reviewed
57	annually, and the most current federal guidelines shall be
58	adopted.
59	(c)  The commission may modify any portion of the
60	foundation codes only as needed to accommodate the specific
61	needs of this state, maintaining Florida-specific amendments
62	previously adopted by the commission and not addressed by the
63	updated foundation code. Standards or criteria referenced by the
64	codes shall be incorporated by reference. If a referenced
65	standard or criterion requires amplification or modification to
66	be appropriate for use in this state, only the amplification or
67	modification shall be set forth in the Florida Building Code.
68	The commission may approve technical amendments to the updated
69	Florida Building Code after the amendments have been subject to
70	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
71	the foundation codes which are adopted in accordance with this
72	subsection shall be clearly marked in printed versions of the
73	Florida Building Code so that the fact that the provisions are
74	Florida-specific amendments to the foundation codes is readily
75	apparent.
76	(d)  The commission shall further consider the commission's
77	own interpretations, declaratory statements, appellate
78	decisions, and approved statewide and local technical amendments
79	and shall incorporate such interpretations, statements,
80	decisions, and amendments into the updated Florida Building Code
81	only to the extent that they are needed to modify the foundation
82	codes to accommodate the specific needs of the state. A change
83	made by an institute or standards organization to any standard
84	or criterion that is adopted by reference in the Florida
85	Building Code does not become effective statewide until it has
86	been adopted by the commission. Furthermore, the edition of the
87	Florida Building Code which is in effect on the date of
88	application for any permit authorized by the code governs the
89	permitted work for the life of the permit and any extension
90	granted to the permit.
91	(e)  A rule updating the Florida Building Code in
92	accordance with this subsection shall take effect no sooner than
93	6 months after publication of the updated code. Any amendment to
94	the Florida Building Code which is adopted upon a finding by the
95	commission that the amendment is necessary to protect the public
96	from immediate threat of harm takes effect immediately.
97	(f)  Upon the conclusion of a triennial update to the
98	Florida Building Code, notwithstanding the provisions of this
99	subsection or subsection (3), the commission may address issues
100	identified in this subsection by amending the code pursuant only
101	to the rule adoption procedures contained in chapter 120.
102	Authorities having jurisdiction to enforce the Florida Building
103	Code may enforce the recommended corrections to the code upon
104	approval by the commission and publication of the corrections on
105	the commission's website. The commission shall approve
106	amendments pursuant to this paragraph only to the extent
107	necessary to address:
108	1.  Conflicts within the updated code.
109	2.  Conflicts between the updated code and the Florida Fire
110	Prevention Code adopted pursuant to chapter 633.
111	3.  Omission of previously adopted Florida-specific
112	amendments to the updated code if such omission is not supported
113	by a specific recommendation of a technical advisory committee
114	or particular action by the commission.
115	4.  Unintended results from the integration of previously
116	adopted Florida-specific amendments with the model code.
117	Section 3.  Subsection (5) is added to section 553.775,
118	Florida Statutes, to read:
119	553.775  Interpretations.--
120	(5)  Notwithstanding the other provisions of this section,
121	the Florida Accessibility Code for Building Construction and
122	chapter 11 of the Florida Building Code may not be interpreted
123	through or subject to review by any of the procedures in this
124	section. This subsection has no effect upon the commission's
125	authority to waive the accessibility code as provided by s.
126	553.512.
127	Section 4.  Notwithstanding subsection (3) of section 109,
128	2000-141, Laws of Florida, the Florida Building Commission may
129	update or modify the wind design standard applicable to
130	construction in this state as adopted within the Florida
131	Building Code in accordance with the requirements of s. 553.73,
132	Florida Statutes. The Florida Building Commission is
133	specifically authorized to identify within the Florida Building
134	Code those areas of the state from the western border of
135	Jefferson County west to the Florida-Alabama line that are
136	subject to the windborne debris requirements of the code. The
137	initial designation of those areas after July 1, 2006, is
138	subject to only the rule adoption procedures of chapter 120,
139	Florida Statutes, notwithstanding the code development
140	procedures of chapter 553, Florida Statutes. The provisions of
141	subsection (3) of section 109, 2000-141, Laws of Florida, are
142	expressly superseded.
143	Section 5.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.