Senate Bill sb1208

    Florida Senate - 2007                                  SB 1208

    By Senator Bennett





    21-1497-07                                          See HB 589

  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 553.775, F.S.; requiring the

  4         Florida Building Commission to issue formal

  5         interpretations of the Florida Building Code

  6         under certain circumstances; amending s.

  7         633.026, F.S.; correcting a cross-reference;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraphs (d) through (g) of subsection

13  (3) of section 553.775, Florida Statutes, are redesignated as

14  paragraphs (e) through (h), respectively, and a new paragraph

15  (d) is added to that subsection to read:

16         553.775  Interpretations.--

17         (3)  The following procedures may be invoked regarding

18  interpretations of the Florida Building Code:

19         (d)  Upon written application by any substantially

20  affected person, a citizen, contractor, or designer, or a

21  group representing a substantially affected person, citizen,

22  contractor, or designer, the commission shall issue or cause

23  to be issued a formal interpretation of the Florida Building

24  Code as prescribed by subparagraph (c)1.

25         Section 2.  Section 633.026, Florida Statutes, is

26  amended to read:

27         633.026  Informal interpretations of the Florida Fire

28  Prevention Code.--The Division of State Fire Marshal shall by

29  rule establish an informal process of rendering nonbinding

30  interpretations of the Florida Fire Prevention Code. The

31  Division of State Fire Marshal may contract with and refer

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






    Florida Senate - 2007                                  SB 1208
    21-1497-07                                          See HB 589




 1  interpretive issues to a nonprofit organization that has

 2  experience in interpreting and enforcing the Florida Fire

 3  Prevention Code. The Division of State Fire Marshal shall

 4  immediately implement the process prior to the completion of

 5  formal rulemaking. It is the intent of the Legislature that

 6  the Division of State Fire Marshal create a process to refer

 7  questions to a small group of individuals certified under s.

 8  633.081(2), to which a party can pose questions regarding the

 9  interpretation of code provisions. It is the intent of the

10  Legislature that the process provide for the expeditious

11  resolution of the issues presented and publication of the

12  resulting interpretation on the website of the Division of

13  State Fire Marshal. It is the intent of the Legislature that

14  this program be similar to the program established by the

15  Florida Building Commission in s. 553.775(3)(h)(g). Such

16  interpretations shall be advisory only and nonbinding on the

17  parties or the State Fire Marshal. In order to administer this

18  section, the department may adopt by rule and impose a fee for

19  nonbinding interpretations, with payment made directly to the

20  third party. The fee may not exceed $150 for each request for

21  a review or interpretation.

22         Section 3.  This act shall take effect July 1, 2007.

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