Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 396
Barcode 299742
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/07/2011 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment to Amendment (460854) (with title
2 amendment)
3
4 Delete lines 628 - 630
5 and insert:
6 Section 18. Subsections (1), (2), (3), (9), and (15) of
7 section 553.73, Florida Statutes, are amended to read:
8 553.73 Florida Building Code.—
9 (1)(a) The commission shall adopt, by rule pursuant to ss.
10 120.536(1) and 120.54, the Florida Building Code and a Florida
11 supplement to the International Code Council’s set of codes
12 which contains or incorporates shall contain or incorporate by
13 reference all laws and rules that which pertain to and govern
14 the design, construction, erection, alteration, modification,
15 repair, and demolition of public and private buildings,
16 structures, and facilities and enforcement of such laws and
17 rules, except as otherwise provided in this section.
18 (a)(b) The technical portions of the Florida Accessibility
19 Code for Building Construction shall be contained in their
20 entirety in the Florida Building Code supplement to the
21 International Accessibility Code. The civil rights portions and
22 the technical portions of the accessibility laws of this state
23 shall remain as currently provided by law. Any revision or
24 amendments to the Florida Accessibility Code for Building
25 Construction pursuant to part II shall be placed in the next
26 edition of the supplement considered adopted by the commission
27 as part of the Florida Building Code. Neither the commission nor
28 any local government shall revise or amend any standard of the
29 Florida Accessibility Code for Building Construction except as
30 provided for in part II.
31 (b)(c) The Florida Fire Prevention Code and the Life Safety
32 Code shall be referenced in the Florida Building Code, but shall
33 be adopted, modified, revised, or amended, interpreted, and
34 maintained by the Department of Financial Services by rule
35 adopted pursuant to ss. 120.536(1) and 120.54. The Florida
36 Building Commission may not adopt a fire prevention or
37 lifesafety code, and nothing in the Florida Building Code shall
38 affect the statutory powers, duties, and responsibilities of any
39 fire official or the Department of Financial Services.
40 (c)(d) Conflicting requirements between the Florida
41 Building Code and the Florida Fire Prevention Code and Life
42 Safety Code of the state established pursuant to ss. 633.022 and
43 633.025 shall be resolved by agreement between the commission
44 and the State Fire Marshal in favor of the requirement that
45 offers the greatest degree of lifesafety or alternatives that
46 would provide an equivalent degree of lifesafety and an
47 equivalent method of construction. If the commission and State
48 Fire Marshal are unable to agree on a resolution, the question
49 shall be referred to a mediator, mutually agreeable to both
50 parties, to resolve the conflict in favor of the provision that
51 offers the greatest lifesafety, or alternatives that would
52 provide an equivalent degree of lifesafety and an equivalent
53 method of construction.
54 (d)(e) Subject to the provisions of this act,
55 responsibility for enforcement, interpretation, and regulation
56 of the Florida Building Code shall be vested in a specified
57 local board or agency, and the terms words “local government”
58 and “local governing body” as used in this part shall be
59 construed to refer exclusively to such local board or agency.
60 (2) The Florida Building Code and supplement must shall
61 contain provisions or requirements for public and private
62 buildings, structures, and facilities relative to structural,
63 mechanical, electrical, plumbing, energy, and gas systems,
64 existing buildings, historical buildings, manufactured
65 buildings, elevators, coastal construction, lodging facilities,
66 food sales and food service facilities, health care facilities,
67 including assisted living facilities, adult day care facilities,
68 hospice residential and inpatient facilities and units, and
69 facilities for the control of radiation hazards, public or
70 private educational facilities, swimming pools, and correctional
71 facilities and enforcement of and compliance with such
72 provisions or requirements. Further, the Florida Building Code
73 and supplement must provide for uniform implementation of ss.
74 515.25, 515.27, and 515.29 by including standards and criteria
75 for residential swimming pool barriers, pool covers, latching
76 devices, door and window exit alarms, and other equipment
77 required therein, which are consistent with the intent of s.
78 515.23. Technical provisions to be contained within the Florida
79 Building Code are restricted to requirements related to the
80 types of materials used and construction methods and standards
81 employed in order to meet criteria specified in the Florida
82 Building code. Provisions relating to the personnel, supervision
83 or training of personnel, or any other professional
84 qualification requirements relating to contractors or their
85 workforce may not be included within the Florida Building Code,
86 and subsections (4), (6), (7), (8), and (9) are not to be
87 construed to allow the inclusion of such provisions within the
88 Florida Building code by amendment. This restriction applies to
89 both initial development and amendment of the Florida Building
90 Code and supplement.
91 (3) The commission shall use the International Codes
92 published by the International Code Council, the National
93 Electric Code (NFPA 70), or other nationally adopted model codes
94 and standards needed to supplant or apply the base code in
95 Florida select from available national or international model
96 building codes, or other available building codes and standards
97 currently recognized by the laws of this state, to form the
98 foundation for building code standards and the Florida Building
99 Code and supplement. The commission may modify the selected
100 model codes and standards as needed to accommodate the specific
101 needs of this state. Standards or criteria referenced by the
102 selected model codes shall be similarly incorporated by
103 reference. If a referenced standard or criterion requires
104 amplification or modification to be appropriate for use in this
105 state, only the amplification or modification shall be
106 specifically set forth in the Florida Building Code. The Florida
107 Building Commission may approve technical amendments to the
108 code, subject to the requirements of subsections (8) and (9),
109 after the amendments have been subject to the following
110 conditions:
111 (a) The proposed amendment has been published on the
112 commission’s website for a minimum of 45 days and all the
113 associated documentation has been made available to any
114 interested party before any consideration by a any technical
115 advisory committee;
116 (b) In order for a technical advisory committee to make a
117 favorable recommendation to the commission, the proposal must
118 receive a three-fourths vote of the members present at the
119 technical advisory committee meeting and at least half of the
120 regular members must be present in order to conduct a meeting;
121 (c) After technical advisory committee consideration and a
122 recommendation for approval of any proposed amendment, the
123 proposal must be published on the commission’s website for at
124 least not less than 45 days before any consideration by the
125 commission; and
126 (d) A Any proposal may be modified by the commission based
127 on public testimony and evidence from a public hearing held in
128 accordance with chapter 120.
129
130 The commission shall incorporate within sections of the Florida
131 Building Code provisions which address regional and local
132 concerns and variations. The commission shall make every effort
133 to minimize conflicts between the Florida Building Code, the
134 Florida Fire Prevention Code, and the Life Safety Code.
135 (9)(a) The commission may approve technical amendments to
136 the Florida Building Code once each year for statewide or
137 regional application upon a finding that the amendment:
138 1. Is needed in order to accommodate the specific needs of
139 this state.
140 2. Has a reasonable and substantial connection with the
141 health, safety, and welfare of the general public.
142 3. Strengthens or improves the Florida Building Code, or in
143 the case of innovation or new technology, will provide
144 equivalent or better products or methods or systems of
145 construction.
146 4. Does not discriminate against materials, products,
147 methods, or systems of construction of demonstrated
148 capabilities.
149 5. Does not degrade the effectiveness of the Florida
150 Building Code.
151
152 Furthermore, The Florida Building Commission may also approve
153 technical amendments to the code once every 3 years in order
154 each year to incorporate into the Florida Building Code its own
155 interpretations of the code which are embodied in its opinions,
156 final orders, declaratory statements, and interpretations of
157 hearing officer panels under s. 553.775(3)(c), but shall do so
158 only to the extent that the incorporation of interpretations is
159 needed to modify the foundation codes to accommodate the
160 specific needs of this state. Amendments approved under this
161 paragraph shall be adopted by rule pursuant to ss. 120.536(1)
162 and 120.54, after the amendments have been subjected to the
163 provisions of subsection (3).
164 (b) A proposed amendment must shall include a fiscal impact
165 statement that which documents the costs and benefits of the
166 proposed amendment. Criteria for the fiscal impact statement
167 shall be established by rule by the commission and shall include
168 the impact to local government relative to enforcement, the
169 impact to property and building owners, and the impact as well
170 as to industry, relative to the cost of compliance. A proposed
171 amendment to the base code must also include specific
172 justifications for why this state is different from other areas
173 that have adopted the base code and why the proposed amendment
174 applies to this state and no other area or region where the base
175 code has been adopted.
176 (c) The commission may not approve a any proposed amendment
177 that does not accurately and completely address all requirements
178 for amendment which are set forth in this section. The
179 commission shall require all proposed amendments and information
180 submitted with proposed amendments to be reviewed by commission
181 staff prior to consideration by any technical advisory
182 committee. These reviews shall be for sufficiency only and are
183 not intended to be qualitative in nature. Staff members shall
184 reject any proposed amendment that fails to include a fiscal
185 impact statement. Proposed amendments rejected by members of the
186 staff may not be considered by the commission or any technical
187 advisory committee.
188 (d) Provisions of the Florida Building Code, including those
189 contained in referenced standards and criteria, relating to wind
190 resistance or the prevention of water intrusion may not be
191 amended pursuant to this subsection to diminish those
192 construction requirements; however, the commission may, subject
193 to conditions in this subsection, amend the provisions to
194 enhance those construction requirements.
195
196 ================= T I T L E A M E N D M E N T ================
197 And the title is amended as follows:
198 Between lines 858 and 859
199 insert:
200 Florida Building Code; providing for a supplement to
201 the code; specifying national codes to form the
202 foundation for state building standards and codes;
203 revising how often the Florida Building Commission may
204 approve technical amendments to the code; requiring
205 proposed amendments to base codes to provide
206 justifications; revising requirements relating to the