1 | A bill to be entitled |
2 | An act relating to building code hurricane preparedness; |
3 | providing a short title; amending s. 553.73, F.S.; |
4 | providing intent with respect to the effect of building |
5 | code modifications on wind protection; requiring uniform |
6 | application of certain standards relating to wind-borne |
7 | debris and structural guidelines; prohibiting code |
8 | modification that diminishes construction requirements; |
9 | prescribing a date by which counties and municipalities |
10 | must enforce certain windborne debris protections and |
11 | structural guidelines; requiring the Florida Building |
12 | Commission to develop voluntary guidelines for increasing |
13 | the hurricane resistance of buildings; requiring that the |
14 | guidelines be included in the commission's report to the |
15 | 2008 Legislature; providing an effective date. |
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17 | Be It Enacted by the Legislature of the State of Florida: |
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19 | Section 1. This act may be cited as the "Uniform Building |
20 | Code Act." |
21 | Section 2. Subsection (3) of section 553.73, Florida |
22 | Statutes, is amended, and subsection (12) is added to that |
23 | section, to read: |
24 | 553.73 Florida Building Code.-- |
25 | (3) The commission shall select from available national or |
26 | international model building codes, or other available building |
27 | codes and standards currently recognized by the laws of this |
28 | state, to form the foundation for the Florida Building Code. The |
29 | commission may modify the selected model codes and standards as |
30 | needed to accommodate the specific needs of this state, but only |
31 | to the extent that any such modifications strengthen, not |
32 | weaken, the structural integrity of buildings constructed in |
33 | compliance with the Florida Building Code as it relates to wind |
34 | protection. Standards or criteria referenced by the selected |
35 | model codes shall be similarly incorporated by reference. If a |
36 | referenced standard or criterion requires amplification or |
37 | modification to be appropriate for use in this state, only the |
38 | amplification or modification shall be specifically set forth in |
39 | the Florida Building Code. The Florida Building Commission may |
40 | approve technical amendments to the code after the amendments |
41 | have been subject to the following conditions: |
42 | (a) The proposed amendment has been published on the |
43 | commission's website for a minimum of 45 days and all the |
44 | associated documentation has been made available to any |
45 | interested party before any consideration by any Technical |
46 | Advisory Committee; |
47 | (b) In order for a Technical Advisory Committee to make a |
48 | favorable recommendation to the commission, the proposal must |
49 | receive a three-fourths vote of the members present at the |
50 | Technical Advisory Committee meeting and at least half of the |
51 | regular members must be present in order to conduct a meeting; |
52 | (c) After Technical Advisory Committee consideration and a |
53 | recommendation for approval of any proposed amendment, the |
54 | proposal must be published on the commission's website for not |
55 | less than 45 days before any consideration by the commission; |
56 | and |
57 | (d) Any proposal may be modified by the commission based |
58 | on public testimony and evidence from a public hearing held in |
59 | accordance with chapter 120. |
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61 | The commission shall incorporate within sections of the Florida |
62 | Building Code provisions which address regional and local |
63 | concerns and variations, but only to the extent that any such |
64 | provisions strengthen, not weaken, the structural integrity of |
65 | buildings constructed in compliance with the Florida Building |
66 | Code as it relates to wind protection. The commission shall make |
67 | every effort to minimize conflicts between the Florida Building |
68 | Code, the Florida Fire Prevention Code, and the Life Safety |
69 | Code. |
70 | (12) Upon the effective date of this act, each county and |
71 | municipality in this state shall, at a minimum, enforce the |
72 | wind-borne debris protections and structural guidelines adopted |
73 | by the American Society of Civil Engineers in the standard |
74 | commonly referred to as ASCE 7-02. Notwithstanding the |
75 | provisions of section 109 of chapter 2000-141, Laws of Florida, |
76 | the Florida Building Commission shall amend the Florida Building |
77 | Code to require application of ASCE 7-02 throughout the state |
78 | and to eliminate all exceptions providing less stringent |
79 | requirements. Provisions of the Florida Building Code, including |
80 | those contained in referenced standards and criteria, relating |
81 | to wind resistance shall not be amended pursuant to this |
82 | subsection to diminish construction requirements, although the |
83 | commission may amend the provisions to enhance those |
84 | construction requirements. |
85 | Section 3. The Florida Building Commission shall develop |
86 | voluntary "Code Plus" guidelines for increasing the hurricane |
87 | resistance of buildings. The guidelines must be modeled on the |
88 | requirements for the High Velocity Hurricane Zone and must |
89 | identify products, systems, and methods of construction that the |
90 | commission anticipates could result in stronger construction. |
91 | The commission shall include these guidelines in its report to |
92 | the President of the Senate and the Speaker of the House of |
93 | Representatives in the 2008 Regular Session of the Legislature. |
94 | Section 4. This act shall take effect upon becoming a law. |