Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for CS for SB 442
                        Barcode 750660
                            CHAMBER ACTION
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11  The Committee on Government Efficiency Appropriations
12  (Haridopolos) recommended the following amendment to amendment
13  (155634):
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15         Senate Amendment 
16         On page 7, line 8, through
17            page 11, line 12, delete those lines
18  
19  and insert:  
20         Section 9.  Paragraph (c) of subsection (4), subsection
21  (6), and paragraphs (a) and (c) of subsection (7) of section
22  553.73, Florida Statutes, are amended to read:
23         553.73  Florida Building Code.--
24         (4)
25         (c)  Any amendment adopted by a local enforcing agency
26  pursuant to this subsection shall not apply to state or school
27  district owned buildings, manufactured buildings or
28  factory-built school buildings approved by the commission, or
29  prototype buildings approved pursuant to s. 553.77(3)(5). The
30  respective responsible entities shall consider the physical
31  performance parameters substantiating such amendments when
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for CS for SB 442 Barcode 750660 1 designing, specifying, and constructing such exempt buildings. 2 (6)(a) The commission, by rule adopted pursuant to ss. 3 120.536(1) and 120.54, shall update the Florida Building Code 4 every 3 years. When updating the Florida Building Code, the 5 commission shall select the most current version of the 6 International Building Code, the International Fuel Gas Code, 7 the International Mechanical Code, the International Plumbing 8 Code, and the International Residential Code, all of which are 9 adopted by the International Code Council, and the National 10 Electrical Code, which is adopted by the National Fire 11 Protection Association, to form the foundation codes of the 12 updated Florida Building Code, if the version has been adopted 13 by the International Code Council and made available to the 14 public at least 6 months prior to its selection by the 15 commission. 16 (b) Codes regarding noise contour lines shall be 17 reviewed annually, and the most current federal guidelines 18 shall be adopted. 19 (c) The commission may modify any portion of the 20 foundation codes only as needed to accommodate the specific 21 needs of this state, maintaining Florida-specific amendments 22 previously adopted by the commission and not addressed by the 23 updated foundation code. Standards or criteria referenced by 24 the codes shall be incorporated by reference. If a referenced 25 standard or criterion requires amplification or modification 26 to be appropriate for use in this state, only the 27 amplification or modification shall be set forth in the 28 Florida Building Code. The commission may approve technical 29 amendments to the updated Florida Building Code after the 30 amendments have been subject to the conditions set forth in 31 paragraphs (3)(a)-(d). Amendments to the foundation codes 2 4:55 PM 04/20/05 s0442c3b-ge26-c9u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for CS for SB 442 Barcode 750660 1 which are adopted in accordance with this subsection shall be 2 clearly marked in printed versions of the Florida Building 3 Code so that the fact that the provisions are Florida-specific 4 amendments to the foundation codes is readily apparent. 5 consider changes made by the adopting entity of any selected 6 model code for any model code incorporated into the Florida 7 Building Code, and may subsequently adopt the new edition or 8 successor of the model code or any part of such code, no 9 sooner than 6 months after such model code has been adopted by 10 the adopting organization, which may then be modified for this 11 state as provided in this section, and 12 (d) The commission shall further consider the 13 commission's own interpretations, declaratory statements, 14 appellate decisions, and approved statewide and local 15 technical amendments and shall incorporate such 16 interpretations, statements, decisions, and amendments into 17 the updated Florida Building Code only to the extent that they 18 are needed to modify the foundation codes to accommodate the 19 specific needs of the state. A change made by an institute or 20 standards organization to any standard or criterion that is 21 adopted by reference in the Florida Building Code does not 22 become effective statewide until it has been adopted by the 23 commission. Furthermore, the edition of the Florida Building 24 Code which is in effect on the date of application for any 25 permit authorized by the code governs the permitted work for 26 the life of the permit and any extension granted to the 27 permit. 28 (e) A rule updating the Florida Building Code in 29 accordance with this subsection shall take effect no sooner 30 than 6 months after publication of the updated code. Any 31 amendment to the Florida Building Code which is adopted upon a 3 4:55 PM 04/20/05 s0442c3b-ge26-c9u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for CS for SB 442 Barcode 750660 1 finding by the commission that the amendment is necessary to 2 protect the public from immediate threat of harm takes effect 3 immediately. 4 (7)(a) The commission may approve technical amendments 5 to the Florida Building Code once each year for statewide or 6 regional application upon a finding that the amendment: 7 1. Is needed in order to accommodate the specific 8 needs of this state. 9 2.1. Has a reasonable and substantial connection with 10 the health, safety, and welfare of the general public. 11 3.2. Strengthens or improves the Florida Building 12 Code, or in the case of innovation or new technology, will 13 provide equivalent or better products or methods or systems of 14 construction. 15 4.3. Does not discriminate against materials, 16 products, methods, or systems of construction of demonstrated 17 capabilities. 18 5.4. Does not degrade the effectiveness of the Florida 19 Building Code. 20 21 Furthermore, the Florida Building Commission may approve 22 technical amendments to the code once each year to incorporate 23 into the Florida Building Code its own interpretations of the 24 code which are embodied in its opinions, final orders, and 25 declaratory statements, and interpretations of hearing officer 26 panels under s. 553.775(3)(c), but shall do so only to the 27 extent that incorporation of interpretations is needed to 28 modify the foundation codes to accommodate the specific needs 29 of this state. Amendments approved under this paragraph shall 30 be adopted by rule pursuant to ss. 120.536(1) and 120.54, 31 after the amendments have been subjected to the provisions of 4 4:55 PM 04/20/05 s0442c3b-ge26-c9u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for CS for SB 442 Barcode 750660 1 subsection (3). 2 (c) The commission may not approve any proposed 3 amendment that does not accurately and completely address all 4 requirements for amendment which are set forth in this 5 section. The commission shall require all proposed amendments 6 and information submitted with proposed amendments to be 7 reviewed by commission staff prior to consideration by any 8 technical advisory committee. These reviews shall be for 9 sufficiency only and are not intended to be qualitative in 10 nature. Staff members shall reject any proposed amendment that 11 fails to include a fiscal impact statement. Proposed 12 amendments rejected by members of the staff may not be 13 considered by the commission or any technical advisory 14 committee. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 4:55 PM 04/20/05 s0442c3b-ge26-c9u