Florida Senate - 2017                                    SB 7000
       By the Committee on Community Affairs
       578-00930-17                                          20177000__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Commission;
    3         amending s. 553.73, F.S.; requiring the commission to
    4         use the 6th edition, and subsequent editions, of the
    5         Florida Building Code as the foundation for the
    6         development of and updates to the code; requiring the
    7         commission to review, rather than update, the Florida
    8         Building Code every 3 years; deleting a provision that
    9         specifies how long amendments or modifications to the
   10         foundation remain effective; deleting provisions
   11         limiting how long an amendment or modification is
   12         effective; deleting a provision requiring certain
   13         amendments or modifications to be carried forward into
   14         the next edition of the code, subject to certain
   15         conditions; deleting certain requirements for the
   16         resubmission of expired amendments; deleting a
   17         provision prohibiting a proposed amendment from being
   18         included in the foundation if it has been addressed in
   19         the international code; conforming provisions to
   20         changes made by the act; amending s. 553.76, F.S.;
   21         requiring the commission to adopt the Florida Building
   22         Code, and amendments thereto, by a minimum percentage
   23         of votes; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Subsections (3), (7), and (8) of section 553.73,
   28  Florida Statutes, and paragraphs (a) and (b) of subsection (9)
   29  of that section, are amended to read:
   30         553.73 Florida Building Code.—
   31         (3) The commission shall use the 6th edition, and
   32  subsequent editions, of the Florida Building Code as the
   33  International Codes published by the International Code Council,
   34  the National Electric Code (NFPA 70), or other nationally
   35  adopted model codes and standards needed to develop the base
   36  code in Florida to form the foundation for the development of
   37  and updates to the Florida Building Code. The Florida Building
   38  commission may approve technical amendments to the code as
   39  provided in, subject to subsections (8) and (9), after the
   40  amendments have been subject to all of the following conditions:
   41         (a) The proposed amendment must have has been published on
   42  the commission’s website for a minimum of 45 days and all the
   43  associated documentation must have has been made available to
   44  any interested party before any consideration by a technical
   45  advisory committee.;
   46         (b) In order for a technical advisory committee to make a
   47  favorable recommendation to the commission, the proposal must
   48  receive a three-fourths vote of the members present at the
   49  technical advisory committee meeting. and At least half of the
   50  regular members must be present in order to conduct a meeting.;
   51         (c) After the technical advisory committee has considered
   52  and recommended consideration and a recommendation for approval
   53  of any proposed amendment, the proposal must be published on the
   54  commission’s website for at least 45 days before any
   55  consideration by the commission.; and
   56         (d) A proposal may be modified by the commission based on
   57  public testimony and evidence from a public hearing held in
   58  accordance with chapter 120.
   60  The commission shall incorporate within sections of the Florida
   61  Building Code provisions that which address regional and local
   62  concerns and variations. The commission shall make every effort
   63  to minimize conflicts between the Florida Building Code, the
   64  Florida Fire Prevention Code, and the Life Safety Code.
   65         (7)(a) The commission, by rule adopted pursuant to ss.
   66  120.536(1) and 120.54, shall review update the Florida Building
   67  Code every 3 years to consider whether it needs to be revised.
   68  The commission shall adopt code revisions by rule. When
   69  evaluating potential revisions to updating the Florida Building
   70  Code, the commission shall review select the most current
   71  version of the International Building Code, the International
   72  Fuel Gas Code, the International Mechanical Code, the
   73  International Plumbing Code, and the International Residential
   74  Code, all of which are adopted by the International Code
   75  Council, and the National Electrical Code, which is adopted by
   76  the National Fire Protection Association, to form the foundation
   77  codes of the updated Florida Building Code, if the version has
   78  been adopted by the applicable model code entity. The commission
   79  shall also review select the most current version of the
   80  International Energy Conservation Code (IECC) as a foundation
   81  code; however, the IECC shall be modified by the commission must
   82  to maintain the efficiencies of the Florida Energy Efficiency
   83  Code for Building Construction adopted and amended pursuant to
   84  s. 553.901.
   85         (b) Codes regarding noise contour lines shall be reviewed
   86  annually, and the most current federal guidelines shall be
   87  adopted.
   88         (c) The commission may adopt as a technical amendment to
   89  the Florida Building Code modify any portion of the foundation
   90  codes identified in paragraph (a) only as needed to accommodate
   91  the specific needs of this state. Standards or criteria adopted
   92  from such referenced by the codes shall be incorporated by
   93  reference to the specific provisions of such codes which are
   94  adopted. If a referenced standard or criterion requires
   95  amplification or modification to be appropriate for use in this
   96  state, only the amplification or modification shall be set forth
   97  in the Florida Building Code. The commission may approve
   98  technical amendments to the updated Florida Building Code after
   99  the amendments have been subject to the conditions set forth in
  100  paragraphs (3)(a)-(d). Amendments that to the foundation codes
  101  which are adopted in accordance with this subsection shall be
  102  clearly marked in printed versions of the Florida Building Code
  103  so that the fact that the provisions are Florida-specific
  104  amendments to the foundation codes is readily apparent.
  105         (d) The commission shall further consider the commission’s
  106  own interpretations, declaratory statements, appellate
  107  decisions, and approved statewide and local technical amendments
  108  and shall incorporate such interpretations, statements,
  109  decisions, and amendments into the updated Florida Building Code
  110  only to the extent that they are needed to modify the foundation
  111  codes to accommodate the specific needs of the state. A change
  112  made by an institute or standards organization to any standard
  113  or criterion that is adopted by reference in the Florida
  114  Building Code does not become effective statewide until it has
  115  been adopted by the commission. Furthermore, the edition of the
  116  Florida Building Code which is in effect on the date of
  117  application for any permit authorized by the code governs the
  118  permitted work for the life of the permit and any extension
  119  granted to the permit.
  120         (e) A rule updating the Florida Building Code in accordance
  121  with this subsection shall take effect no sooner than 6 months
  122  after publication of the updated code. Any amendment to the
  123  Florida Building Code which is adopted upon a finding by the
  124  commission that the amendment is necessary to protect the public
  125  from immediate threat of harm takes effect immediately.
  126         (f) Provisions of the Florida Building Code foundation
  127  codes, including those contained in referenced standards and
  128  criteria, relating to wind resistance or the prevention of water
  129  intrusion may not be modified to diminish those construction
  130  requirements; however, the commission may, subject to conditions
  131  in this subsection, modify the provisions to enhance those
  132  construction requirements.
  133         (g) Amendments or modifications to the foundation code
  134  pursuant to this subsection shall remain effective only until
  135  the effective date of a new edition of the Florida Building Code
  136  every third year. Amendments or modifications related to state
  137  agency regulations which are adopted and integrated into an
  138  edition of the Florida Building Code shall be carried forward
  139  into the next edition of the code, subject to modification as
  140  provided in this part. Amendments or modifications related to
  141  the wind-resistance design of buildings and structures within
  142  the high-velocity hurricane zone of Miami-Dade and Broward
  143  Counties which are adopted to an edition of the Florida Building
  144  Code do not expire and shall be carried forward into the next
  145  edition of the code, subject to review or modification as
  146  provided in this part. If amendments that expire pursuant to
  147  this paragraph are resubmitted through the Florida Building
  148  commission code adoption process, the amendments must
  149  specifically address whether:
  150         1. The provisions contained in the proposed amendment are
  151  addressed in the applicable international code.
  152         2. The amendment demonstrates by evidence or data that the
  153  geographical jurisdiction of Florida exhibits a need to
  154  strengthen the foundation code beyond the needs or regional
  155  variations addressed by the foundation code, and why the
  156  proposed amendment applies to this state.
  157         3. The proposed amendment was submitted or attempted to be
  158  included in the foundation codes to avoid resubmission to the
  159  Florida Building Code amendment process.
  161  If the proposed amendment has been addressed in the
  162  international code in a substantially equivalent manner, the
  163  Florida Building commission may not include the proposed
  164  amendment in the foundation Code.
  165         (8) Notwithstanding the provisions of subsection (3) or
  166  subsection (7), the commission may address issues identified in
  167  this subsection by amending the code pursuant only to the rule
  168  adoption procedures contained in chapter 120. Provisions of The
  169  Florida Building Code, including provisions those contained in
  170  referenced standards and criteria which relate, relating to wind
  171  resistance or the prevention of water intrusion, may not be
  172  amended pursuant to this subsection to diminish those standards
  173  construction requirements; however, the commission may, subject
  174  to conditions in this subsection, amend the Florida Building
  175  Code the provisions to enhance such standards those construction
  176  requirements. Following the approval of any amendments to the
  177  Florida Building Code by the commission and publication of the
  178  amendments on the commission’s website, authorities having
  179  jurisdiction to enforce the Florida Building Code may enforce
  180  the amendments. The commission may approve amendments that are
  181  needed to address:
  182         (a) Conflicts within the updated code;
  183         (b) Conflicts between the updated code and the Florida Fire
  184  Prevention Code adopted pursuant to chapter 633;
  185         (c) Unintended results from the integration of previously
  186  adopted Florida-specific amendments with the model code;
  187         (d) Equivalency of standards;
  188         (e) Changes to or inconsistencies with federal or state
  189  law; or
  190         (f) Adoption of an updated edition of the National
  191  Electrical Code if the commission finds that delay of
  192  implementing the updated edition causes undue hardship to
  193  stakeholders or otherwise threatens the public health, safety,
  194  and welfare.
  195         (9)(a) The commission may approve technical amendments to
  196  the Florida Building Code once each year for statewide or
  197  regional application upon a finding that the amendment:
  198         1. Is needed in order to accommodate the specific needs of
  199  this state.
  200         2. Has a reasonable and substantial connection with the
  201  health, safety, and welfare of the general public.
  202         3. Strengthens or improves the Florida Building Code, or in
  203  the case of innovation or new technology, will provide
  204  equivalent or better products or methods or systems of
  205  construction.
  206         4. Does not discriminate against materials, products,
  207  methods, or systems of construction of demonstrated
  208  capabilities.
  209         5. Does not degrade the effectiveness of the Florida
  210  Building Code.
  212  The Florida Building Commission may approve technical amendments
  213  to the code once each year to incorporate into the Florida
  214  Building Code its own interpretations of the code which are
  215  embodied in its opinions, final orders, declaratory statements,
  216  and interpretations of hearing officer panels under s.
  217  553.775(3)(c), but only to the extent that the incorporation of
  218  interpretations is needed to modify the code foundation codes to
  219  accommodate the specific needs of this state. Amendments
  220  approved under this paragraph shall be adopted by rule after the
  221  amendments have been subjected to subsection (3).
  222         (b) A proposed amendment must include a fiscal impact
  223  statement that documents the costs and benefits of the proposed
  224  amendment. Criteria for the fiscal impact statement shall be
  225  established by rule by the commission and shall include the
  226  impact to local government relative to enforcement, the impact
  227  to property and building owners, and the impact to industry,
  228  relative to the cost of compliance. The amendment must
  229  demonstrate by evidence or data that the state’s geographical
  230  jurisdiction exhibits a need to strengthen the foundation code
  231  beyond the needs or regional variations addressed by the
  232  foundation code and why the proposed amendment applies to this
  233  state.
  234         Section 2. Subsection (2) of section 553.76, Florida
  235  Statutes, is amended to read:
  236         553.76 General powers of the commission.—The commission is
  237  authorized to:
  238         (2) Issue memoranda of procedure for its internal
  239  management and control. The commission may adopt rules related
  240  to its consensus-based decisionmaking process, including, but
  241  not limited to, super majority voting requirements for
  242  commission actions relating to the adoption of the Florida
  243  Building Code or amendments to the code. However, the commission
  244  must adopt the Florida Building Code, and amendments thereto, by
  245  at least a three-fourths vote of the members present at a
  246  meeting.
  247         Section 3. This act shall take effect July 1, 2017.