Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1312
Ì2637727Î263772
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/18/2017 .
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The Committee on Community Affairs (Lee) recommended the
following:
1 Senate Amendment to Amendment (550330) (with title
2 amendment)
3
4 Delete lines 157 - 166
5 and insert:
6 Section 6. Subsection (3) of section 553.73, Florida
7 Statutes, is amended, paragraph (d) is added to subsection (4)
8 of that section, subsections (7) and (8) and paragraphs (a) and
9 (b) of subsection (9) of that section are amended, and
10 subsection (20) is added to that section, to read:
11 553.73 Florida Building Code.—
12 (3) The commission shall use the International Codes
13 published by the International Code Council, the National
14 Electric Code (NFPA 70), or other nationally adopted model codes
15 and standards for updates to needed to develop the base code in
16 Florida to form the foundation for the Florida Building Code.
17 The Florida Building commission may approve technical amendments
18 to the code as provided in, subject to subsections (8) and (9),
19 after the amendments have been subject to all of the following
20 conditions:
21 (a) The proposed amendment must have has been published on
22 the commission’s website for a minimum of 45 days and all the
23 associated documentation must have has been made available to
24 any interested party before any consideration by a technical
25 advisory committee.;
26 (b) In order for a technical advisory committee to make a
27 favorable recommendation to the commission, the proposal must
28 receive a two-thirds three-fourths vote of the members present
29 at the technical advisory committee meeting. and At least half
30 of the regular members must be present in order to conduct a
31 meeting.;
32 (c) After the technical advisory committee has considered
33 and recommended consideration and a recommendation for approval
34 of any proposed amendment, the proposal must be published on the
35 commission’s website for at least 45 days before any
36 consideration by the commission.; and
37 (d) A proposal may be modified by the commission based on
38 public testimony and evidence from a public hearing held in
39 accordance with chapter 120.
40
41 The commission shall incorporate within sections of the Florida
42 Building Code provisions that which address regional and local
43 concerns and variations. The commission shall make every effort
44 to minimize conflicts between the Florida Building Code, the
45 Florida Fire Prevention Code, and the Life Safety Code.
46 (4)
47 (d) A technical amendment to the Florida Building Code
48 related to water conservation practices or design criteria
49 adopted by a local government pursuant to this subsection is not
50 rendered void when the code is updated if the technical
51 amendment is necessary to protect or provide for more efficient
52 use of water resources as provided in s. 373.621. However, any
53 such technical amendment carried forward into the next edition
54 of the code pursuant to this paragraph is subject to review or
55 modification as provided in this part.
56 (7)(a) The commission, by rule adopted pursuant to ss.
57 120.536(1) and 120.54, shall adopt an updated update the Florida
58 Building Code every 3 years through review of. When updating the
59 Florida Building Code, the commission shall select the most
60 current updates version of the International Building Code, the
61 International Fuel Gas Code, the International Mechanical Code,
62 the International Plumbing Code, and the International
63 Residential Code, all of which are copyrighted and published by
64 adopted by the International Code Council, and the National
65 Electrical Code, which is copyrighted and published adopted by
66 the National Fire Protection Association. At a minimum, the
67 commission shall adopt any updates to such codes or any other
68 code necessary to maintain eligibility for federal funding from
69 the National Flood Insurance Program, the Federal Emergency
70 Management Agency, and the United States Department of Housing
71 and Urban Development, to form the foundation codes of the
72 updated Florida Building Code, if the version has been adopted
73 by the applicable model code entity. The commission shall also
74 review and adopt updates based substantially on select the most
75 current version of the International Energy Conservation Code
76 (IECC) as a foundation code; however, the IECC shall be modified
77 by the commission shall to maintain the efficiencies of the
78 Florida Energy Efficiency Code for Building Construction adopted
79 and amended pursuant to s. 553.901. The commission shall adopt
80 updated codes by rule.
81 (b) Codes regarding noise contour lines shall be reviewed
82 annually, and the most current federal guidelines shall be
83 adopted.
84 (c) The commission may adopt as a technical amendment to
85 the Florida Building Code modify any portion of the foundation
86 codes identified in paragraph (a), but only as needed to
87 accommodate the specific needs of this state. Standards or
88 criteria adopted from these referenced by the codes shall be
89 incorporated by reference to the specific provisions adopted. If
90 a referenced standard or criterion requires amplification or
91 modification to be appropriate for use in this state, only the
92 amplification or modification shall be set forth in the Florida
93 Building Code. The commission may approve technical amendments
94 to the updated Florida Building Code after the amendments have
95 been subject to the conditions set forth in paragraphs (3)(a)
96 (d). Amendments that to the foundation codes which are adopted
97 in accordance with this subsection shall be clearly marked in
98 printed versions of the Florida Building Code so that the fact
99 that the provisions are Florida-specific amendments to the
100 foundation codes is readily apparent.
101 (d) The commission shall further consider the commission’s
102 own interpretations, declaratory statements, appellate
103 decisions, and approved statewide and local technical amendments
104 and shall incorporate such interpretations, statements,
105 decisions, and amendments into the updated Florida Building Code
106 only to the extent that they are needed to modify the foundation
107 codes to accommodate the specific needs of the state. A change
108 made by an institute or standards organization to any standard
109 or criterion that is adopted by reference in the Florida
110 Building Code does not become effective statewide until it has
111 been adopted by the commission. Furthermore, the edition of the
112 Florida Building Code which is in effect on the date of
113 application for any permit authorized by the code governs the
114 permitted work for the life of the permit and any extension
115 granted to the permit.
116 (e) A rule updating the Florida Building Code in accordance
117 with this subsection shall take effect no sooner than 6 months
118 after publication of the updated code. Any amendment to the
119 Florida Building Code which is adopted upon a finding by the
120 commission that the amendment is necessary to protect the public
121 from immediate threat of harm takes effect immediately.
122 (f) Provisions of the Florida Building Code foundation
123 codes, including those contained in referenced standards and
124 criteria, relating to wind resistance or the prevention of water
125 intrusion may not be modified to diminish those construction
126 requirements; however, the commission may, subject to conditions
127 in this subsection, modify the provisions to enhance those
128 construction requirements.
129 (g) Amendments or modifications to the foundation code
130 pursuant to this subsection shall remain effective only until
131 the effective date of a new edition of the Florida Building Code
132 every third year. Amendments or modifications related to state
133 agency regulations which are adopted and integrated into an
134 edition of the Florida Building Code shall be carried forward
135 into the next edition of the code, subject to modification as
136 provided in this part. Amendments or modifications related to
137 the wind-resistance design of buildings and structures within
138 the high-velocity hurricane zone of Miami-Dade and Broward
139 Counties which are adopted to an edition of the Florida Building
140 Code do not expire and shall be carried forward into the next
141 edition of the code, subject to review or modification as
142 provided in this part. If amendments that expire pursuant to
143 this paragraph are resubmitted through the Florida Building
144 commission code adoption process, the amendments must
145 specifically address whether:
146 1. The provisions contained in the proposed amendment are
147 addressed in the applicable international code.
148 2. The amendment demonstrates by evidence or data that the
149 geographical jurisdiction of Florida exhibits a need to
150 strengthen the foundation code beyond the needs or regional
151 variations addressed by the foundation code, and why the
152 proposed amendment applies to this state.
153 3. The proposed amendment was submitted or attempted to be
154 included in the foundation codes to avoid resubmission to the
155 Florida Building Code amendment process.
156
157 If the proposed amendment has been addressed in the
158 international code in a substantially equivalent manner, the
159 Florida Building commission may not include the proposed
160 amendment in the foundation Code.
161 (8) Notwithstanding the provisions of subsection (3) or
162 subsection (7), the commission may address issues identified in
163 this subsection by amending the code pursuant only to the rule
164 adoption procedures contained in chapter 120. Provisions of The
165 Florida Building Code, including provisions those contained in
166 referenced standards and criteria which relate, relating to wind
167 resistance or the prevention of water intrusion, may not be
168 amended pursuant to this subsection to diminish those standards
169 construction requirements; however, the commission may, subject
170 to conditions in this subsection, amend the Florida Building
171 Code the provisions to enhance such standards those construction
172 requirements. Following the approval of any amendments to the
173 Florida Building Code by the commission and publication of the
174 amendments on the commission’s website, authorities having
175 jurisdiction to enforce the Florida Building Code may enforce
176 the amendments. The commission may approve amendments that are
177 needed to address:
178 (a) Conflicts within the updated code;
179 (b) Conflicts between the updated code and the Florida Fire
180 Prevention Code adopted pursuant to chapter 633;
181 (c) Unintended results from the integration of previously
182 adopted Florida-specific amendments with the model code;
183 (d) Equivalency of standards;
184 (e) Changes to or inconsistencies with federal or state
185 law; or
186 (f) Adoption of an updated edition of the National
187 Electrical Code if the commission finds that delay of
188 implementing the updated edition causes undue hardship to
189 stakeholders or otherwise threatens the public health, safety,
190 and welfare.
191 (9)(a) The commission may approve technical amendments to
192 the Florida Building Code once each year for statewide or
193 regional application upon a finding that the amendment:
194 1. Is needed in order to accommodate the specific needs of
195 this state.
196 2. Has a reasonable and substantial connection with the
197 health, safety, and welfare of the general public.
198 3. Strengthens or improves the Florida Building Code, or in
199 the case of innovation or new technology, will provide
200 equivalent or better products or methods or systems of
201 construction.
202 4. Does not discriminate against materials, products,
203 methods, or systems of construction of demonstrated
204 capabilities.
205 5. Does not degrade the effectiveness of the Florida
206 Building Code.
207
208 The Florida Building Commission may approve technical amendments
209 to the code once each year to incorporate into the Florida
210 Building Code its own interpretations of the code which are
211 embodied in its opinions, final orders, declaratory statements,
212 and interpretations of hearing officer panels under s.
213 553.775(3)(c), but only to the extent that the incorporation of
214 interpretations is needed to modify the code foundation codes to
215 accommodate the specific needs of this state. Amendments
216 approved under this paragraph shall be adopted by rule after the
217 amendments have been subjected to subsection (3).
218 (b) A proposed amendment must include a fiscal impact
219 statement that documents the costs and benefits of the proposed
220 amendment. Criteria for the fiscal impact statement shall be
221 established by rule by the commission and shall include the
222 impact to local government relative to enforcement, the impact
223 to property and building owners, and the impact to industry,
224 relative to the cost of compliance. The amendment must
225 demonstrate by evidence or data that the state’s geographical
226 jurisdiction exhibits a need to strengthen the foundation code
227 beyond the needs or regional variations addressed by the
228 foundation code and why the proposed amendment applies to this
229 state.
230 (20) The Florida Building Commission may not:
231 (a) Adopt the 2016 version of the American Society of
232 Heating, Refrigerating and Air-Conditioning Engineers Standard
233 9.4.1.1(g).
234 (b) Adopt any provision that requires a door located in the
235 opening between a garage and a residence to be equipped with a
236 self-closing device.
237 Section 7. Subsection (2) of section 553.76, Florida
238 Statutes, is amended to read:
239 553.76 General powers of the commission.—The commission is
240 authorized to:
241 (2) Issue memoranda of procedure for its internal
242 management and control. The commission may adopt rules related
243 to its consensus-based decisionmaking process, including, but
244 not limited to, super majority voting requirements for
245 commission actions relating to the adoption of the Florida
246 Building Code or amendments to the code. However, the commission
247 must adopt the Florida Building Code, and amendments thereto, by
248 at least a two-thirds vote of the members present at a meeting.
249
250 ================= T I T L E A M E N D M E N T ================
251 And the title is amended as follows:
252 Delete lines 383 - 385
253 and insert:
254 F.S.; requiring the Florida Building Commission to use
255 certain entities and codes for updates to the Florida
256 Building Code; revising voting requirements for a
257 technical advisory committee to make a favorable
258 recommendation to the commission; providing that
259 certain technical amendments to the Florida Building
260 Code which are adopted by a local government are not
261 rendered void when the code is updated; specifying
262 that such amendments are subject to review or
263 modification if carried forward into the next edition
264 of the code; requiring the commission to update the
265 Florida Building Code through a review of the most
266 current updates of specified codes; requiring the
267 commission to adopt specified provisions from certain
268 codes; deleting provisions limiting how long an
269 amendment or modification is effective; deleting a
270 provision requiring certain amendments or
271 modifications to be carried forward into the next
272 edition of the code, subject to certain conditions;
273 deleting certain requirements for the resubmission of
274 expired amendments; deleting a provision prohibiting a
275 proposed amendment from being included in the code if
276 it has been addressed in the international code;
277 conforming provisions to changes made by the act;
278 prohibiting the commission from adopting certain
279 provisions into the Florida Building Code; amending s.
280 553.76, F.S.; requiring the commission to adopt the
281 Florida Building Code, and amendments thereto, by a
282 minimum percentage of votes; amending s. 553.79, F.S.;
283 prohibiting a