| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Building Code; amending s. |
| 3 | 553.775, F.S.; requiring the Florida Building Commission |
| 4 | to issue formal interpretations of the Florida Building |
| 5 | Code under certain circumstances; amending s. 633.026, |
| 6 | F.S.; correcting a cross-reference; providing an effective |
| 7 | date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraphs (d) through (g) of subsection (3) of |
| 12 | section 553.775, Florida Statutes, are redesignated as |
| 13 | paragraphs (e) through (h), respectively, and a new paragraph |
| 14 | (d) is added to that subsection to read: |
| 15 | 553.775 Interpretations.-- |
| 16 | (3) The following procedures may be invoked regarding |
| 17 | interpretations of the Florida Building Code: |
| 18 | (d) Upon written application by any substantially affected |
| 19 | person, a citizen, contractor, or designer, or a group |
| 20 | representing a substantially affected person, citizen, |
| 21 | contractor, or designer, the commission shall issue or cause to |
| 22 | be issued a formal interpretation of the Florida Building Code |
| 23 | as prescribed by subparagraph (c)1. |
| 24 | Section 2. Section 633.026, Florida Statutes, is amended |
| 25 | to read: |
| 26 | 633.026 Informal interpretations of the Florida Fire |
| 27 | Prevention Code.--The Division of State Fire Marshal shall by |
| 28 | rule establish an informal process of rendering nonbinding |
| 29 | interpretations of the Florida Fire Prevention Code. The |
| 30 | Division of State Fire Marshal may contract with and refer |
| 31 | interpretive issues to a nonprofit organization that has |
| 32 | experience in interpreting and enforcing the Florida Fire |
| 33 | Prevention Code. The Division of State Fire Marshal shall |
| 34 | immediately implement the process prior to the completion of |
| 35 | formal rulemaking. It is the intent of the Legislature that the |
| 36 | Division of State Fire Marshal create a process to refer |
| 37 | questions to a small group of individuals certified under s. |
| 38 | 633.081(2), to which a party can pose questions regarding the |
| 39 | interpretation of code provisions. It is the intent of the |
| 40 | Legislature that the process provide for the expeditious |
| 41 | resolution of the issues presented and publication of the |
| 42 | resulting interpretation on the website of the Division of State |
| 43 | Fire Marshal. It is the intent of the Legislature that this |
| 44 | program be similar to the program established by the Florida |
| 45 | Building Commission in s. 553.775(3)(h)(g). Such interpretations |
| 46 | shall be advisory only and nonbinding on the parties or the |
| 47 | State Fire Marshal. In order to administer this section, the |
| 48 | department may adopt by rule and impose a fee for nonbinding |
| 49 | interpretations, with payment made directly to the third party. |
| 50 | The fee may not exceed $150 for each request for a review or |
| 51 | interpretation. |
| 52 | Section 3. This act shall take effect July 1, 2007. |