Florida Senate - 2013                                    SB 1646
       
       
       
       By Senator Lee
       
       
       
       
       24-01224A-13                                          20131646__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 553.73, F.S.; adding a condition that a technical
    4         amendment to the Florida Building Code must meet
    5         before the Florida Building Commission is authorized
    6         to approve the amendment; revising a cross-reference
    7         to conform; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) and paragraph (c) of subsection
   12  (7) of section 553.73, Florida Statutes, are amended to read:
   13         553.73 Florida Building Code.—
   14         (3) The commission shall use the International Codes
   15  published by the International Code Council, the National
   16  Electric Code (NFPA 70), or other nationally adopted model codes
   17  and standards needed to develop the base code in Florida to form
   18  the foundation for the Florida Building Code. The Florida
   19  Building Commission may approve technical amendments to the
   20  code, subject to subsections (8) and (9), after the amendments
   21  have been subject to the following conditions:
   22         (a) The proposed amendment has been published on the
   23  commission’s website for a minimum of 45 days and all the
   24  associated documentation has been made available to any
   25  interested party before any consideration by a Technical
   26  Advisory Committee;
   27         (b) In order for a Technical Advisory Committee to make a
   28  favorable recommendation to the commission, the proposal must
   29  receive a three-fourths vote of the members present at the
   30  Technical Advisory Committee meeting and at least half of the
   31  regular members must be present in order to conduct a meeting;
   32         (c) After Technical Advisory Committee consideration and a
   33  recommendation for approval of any proposed amendment, the
   34  proposal must be published on the commission’s website for at
   35  least 45 days before any consideration by the commission; and
   36         (d) A proposal may be modified by the commission based on
   37  public testimony and evidence from a public hearing held in
   38  accordance with chapter 120; and
   39         (e) The proposed technical amendment may not be adopted by
   40  the commission unless it directly relates to public health,
   41  safety, and welfare.
   42  
   43  The commission shall incorporate within sections of the Florida
   44  Building Code provisions which address regional and local
   45  concerns and variations. The commission shall make every effort
   46  to minimize conflicts between the Florida Building Code, the
   47  Florida Fire Prevention Code, and the Life Safety Code.
   48         (7)
   49         (c) The commission may modify any portion of the foundation
   50  codes only as needed to accommodate the specific needs of this
   51  state. Standards or criteria referenced by the codes must shall
   52  be incorporated by reference. If a referenced standard or
   53  criterion requires amplification or modification to be
   54  appropriate for use in this state, only the amplification or
   55  modification shall be set forth in the Florida Building Code.
   56  The commission may approve technical amendments to the updated
   57  Florida Building Code after the amendments have been subject to
   58  the conditions set forth in paragraphs (3)(a)-(e) (3)(a)-(d).
   59  Amendments to the foundation codes which are adopted in
   60  accordance with this subsection must shall be clearly marked in
   61  printed versions of the Florida Building Code so that the fact
   62  that the provisions are Florida-specific amendments to the
   63  foundation codes is readily apparent.
   64         Section 2. This act shall take effect upon becoming a law.