The Florida Senate

553.77  Specific powers of the board.--

(1)  The board shall:

(a)  Adopt rules and regulations or amendments thereto in accordance with the procedures prescribed in chapter 120.

(b)  Make a continual study of the operation of the State Minimum Building Codes and other laws relating to the construction of buildings, including manufactured buildings, to ascertain their effect upon the cost of building construction and determine the effectiveness of their provisions.

(c)  Upon written application by a private party or a local enforcement agency, issue advisory opinions relating to new technologies, techniques, and materials which have been tested where necessary and found to meet the objectives of the State Minimum Building Codes and the Florida Manufactured Building Act of 1979.

(d)  Upon written application by a private party or a local enforcement agency, issue advisory opinions relating to the interpretation, enforcement, administration, or modification by local governments of the State Minimum Building Codes and the Florida Manufactured Building Act of 1979.

(e)  Make recommendations to, and provide assistance upon the request of, the Florida Commission on Human Relations regarding rules relating to handicapped accessibility.

(f)  Coordinate and cooperate with the Florida Fire Code Advisory Council created under s. 633.72, for assistance and recommendations relating to firesafety code interpretations.

(2)  Upon written application by a private party or a local enforcement agency, the board may also:

(a)  Provide for the testing of materials, devices, and method of construction.

(b)  Appoint experts, consultants, technical advisers, and advisory committees for assistance and recommendations relating to the State Minimum Building Codes.

(c)  Appoint an advisory committee consisting of at least five plumbing contractors licensed to do business in this state for assistance and recommendations relating to plumbing code interpretations, if the board identifies the need for additional assistance in making decisions regarding the State Plumbing Code.

(3)  With respect to the qualification program for special inspectors of threshold buildings as required by s. 553.79(5)(c), the board may prescribe initial and annual renewal fees for certification, by rule, in accordance with chapter 120.

(4)

(a)  Upon written application by a private party, the board shall issue a binding opinion relating to a state agency's interpretation and enforcement of the specific model code adopted by the agency to regulate building construction or relating to the conformity of new technologies, techniques, and materials to the objectives of that model code. The provisions of this paragraph shall not be construed to provide any powers to the board with respect to any decision of the State Board of Education made pursuant to the provisions of s. 235.26, to the State Fire Marshal made pursuant to the provisions of chapter 633, to the Department of Management Services made pursuant to the provisions of s. 255.25, or to any local government decision with respect to construction not subject to a state agency model code.

(b)  Upon written applications by private parties or the enforcement agency, the board may issue binding opinions relating to the interpretation of ss. 553.71(7) and 553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a) and (c).

(c)  Each opinion issued pursuant to this section shall be rendered in the same manner provided in s. 120.565, relating to declaratory statements.

(5)  The board may designate a board member with demonstrated expertise in interpreting building plans to attend each meeting of the advisory council created in s. 553.512. The board member may vary from meeting to meeting, shall serve on the council in a nonvoting capacity, and shall receive per diem and expenses as provided in s. 553.74(3).

History.--s. 8, ch. 74-167; s. 4, ch. 75-85; s. 4, ch. 75-111; s. 3, ch. 77-365; s. 4, ch. 78-323; ss. 5, 8, ch. 79-152; ss. 3, 4, ch. 81-7; ss. 1, 4, ch. 82-46; s. 9, ch. 83-160; s. 2, ch. 83-265; s. 2, ch. 84-365; s. 1, ch. 86-135; s. 1, ch. 88-81; s. 9, ch. 89-139; s. 11, ch. 89-321; ss. 4, 5, 6, ch. 91-172; s. 5, ch. 91-429; s. 311, ch. 92-279; s. 55, ch. 92-326; s. 28, ch. 93-166; s. 51, ch. 95-196.