Florida Senate - 2017                   (PROPOSED BILL) SPB 7000
       FOR CONSIDERATION By the Committee on Community Affairs
       578-00348B-17                                         20177000pb
    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 most recent published edition of the Florida
    5         Building Code as the foundation code; requiring the
    6         commission to review, rather than update, the Florida
    7         Building Code every 3 years; deleting a provision that
    8         specifies how long amendments or modifications to the
    9         foundation code remain effective; deleting a provision
   10         prohibiting a proposed amendment from being included
   11         in the foundation code if it has been addressed in the
   12         international code; conforming provisions to changes
   13         made by the act; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsections (3), (7), and (8) of section 553.73,
   18  Florida Statutes, and paragraphs (a) and (b) of subsection (9)
   19  of that section, are amended to read:
   20         553.73 Florida Building Code.—
   21         (3) The commission shall use the 6th edition, and
   22  subsequent editions, of the Florida Building Code as the
   23  International Codes published by the International Code Council,
   24  the National Electric Code (NFPA 70), or other nationally
   25  adopted model codes and standards needed to develop the base
   26  code in Florida to form the foundation for the development of
   27  and updates to the Florida Building Code. The Florida Building
   28  commission may approve technical amendments to the code as
   29  provided in, subject to subsections (8) and (9), after the
   30  amendments have been subject to all of the following conditions:
   31         (a) The proposed amendment must have has been published on
   32  the commission’s website for a minimum of 45 days and all the
   33  associated documentation must have has been made available to
   34  any interested party before any consideration by a technical
   35  advisory committee.;
   36         (b) In order for a technical advisory committee to make a
   37  favorable recommendation to the commission, the proposal must
   38  receive a three-fourths vote of the members present at the
   39  technical advisory committee meeting. and At least half of the
   40  regular members must be present in order to conduct a meeting.;
   41         (c) After the technical advisory committee has considered
   42  and recommended consideration and a recommendation for approval
   43  of any proposed amendment, the proposal must be published on the
   44  commission’s website for at least 45 days before any
   45  consideration by the commission.; and
   46         (d) A proposal may be modified by the commission based on
   47  public testimony and evidence from a public hearing held in
   48  accordance with chapter 120.
   50  The commission shall incorporate within sections of the Florida
   51  Building Code provisions that which address regional and local
   52  concerns and variations. The commission shall make every effort
   53  to minimize conflicts between the Florida Building Code, the
   54  Florida Fire Prevention Code, and the Life Safety Code.
   55         (7)(a) The commission, by rule adopted pursuant to ss.
   56  120.536(1) and 120.54, shall review update the Florida Building
   57  Code every 3 years to consider whether it needs to be revised.
   58  The commission shall adopt code revisions by rule. When
   59  evaluating potential revisions to updating the Florida Building
   60  Code, the commission shall review select the most current
   61  version of the International Building Code, the International
   62  Fuel Gas Code, the International Mechanical Code, the
   63  International Plumbing Code, and the International Residential
   64  Code, all of which are adopted by the International Code
   65  Council, and the National Electrical Code, which is adopted by
   66  the National Fire Protection Association, to form the foundation
   67  codes of the updated Florida Building Code, if the version has
   68  been adopted by the applicable model code entity. The commission
   69  shall also review select the most current version of the
   70  International Energy Conservation Code (IECC) as a foundation
   71  code; however, the IECC shall be modified by the commission must
   72  to maintain the efficiencies of the Florida Energy Efficiency
   73  Code for Building Construction adopted and amended pursuant to
   74  s. 553.901.
   75         (b) Codes regarding noise contour lines shall be reviewed
   76  annually, and the most current federal guidelines shall be
   77  adopted.
   78         (c) The commission may adopt as a technical amendment to
   79  the Florida Building Code modify any portion of the foundation
   80  codes identified in paragraph (a) only as needed to accommodate
   81  the specific needs of this state. Standards or criteria adopted
   82  from such referenced by the codes shall be incorporated by
   83  reference to the specific provisions of such codes which are
   84  adopted. If a referenced standard or criterion requires
   85  amplification or modification to be appropriate for use in this
   86  state, only the amplification or modification shall be set forth
   87  in the Florida Building Code. The commission may approve
   88  technical amendments to the updated Florida Building Code after
   89  the amendments have been subject to the conditions set forth in
   90  paragraphs (3)(a)-(d). Amendments that to the foundation codes
   91  which are adopted in accordance with this subsection shall be
   92  clearly marked in printed versions of the Florida Building Code
   93  so that the fact that the provisions are Florida-specific
   94  amendments to the foundation codes is readily apparent.
   95         (d) The commission shall further consider the commission’s
   96  own interpretations, declaratory statements, appellate
   97  decisions, and approved statewide and local technical amendments
   98  and shall incorporate such interpretations, statements,
   99  decisions, and amendments into the updated Florida Building Code
  100  only to the extent that they are needed to modify the foundation
  101  codes to accommodate the specific needs of the state. A change
  102  made by an institute or standards organization to any standard
  103  or criterion that is adopted by reference in the Florida
  104  Building Code does not become effective statewide until it has
  105  been adopted by the commission. Furthermore, the edition of the
  106  Florida Building Code which is in effect on the date of
  107  application for any permit authorized by the code governs the
  108  permitted work for the life of the permit and any extension
  109  granted to the permit.
  110         (e) A rule updating the Florida Building Code in accordance
  111  with this subsection shall take effect no sooner than 6 months
  112  after publication of the updated code. Any amendment to the
  113  Florida Building Code which is adopted upon a finding by the
  114  commission that the amendment is necessary to protect the public
  115  from immediate threat of harm takes effect immediately.
  116         (f) Provisions of the Florida Building Code foundation
  117  codes, including those contained in referenced standards and
  118  criteria, relating to wind resistance or the prevention of water
  119  intrusion may not be modified to diminish those construction
  120  requirements; however, the commission may, subject to conditions
  121  in this subsection, modify the provisions to enhance those
  122  construction requirements.
  123         (g) Amendments or modifications to the foundation code
  124  pursuant to this subsection shall remain effective only until
  125  the effective date of a new edition of the Florida Building Code
  126  every third year. Amendments or modifications related to state
  127  agency regulations which are adopted and integrated into an
  128  edition of the Florida Building Code shall be carried forward
  129  into the next edition of the code, subject to modification as
  130  provided in this part. Amendments or modifications related to
  131  the wind-resistance design of buildings and structures within
  132  the high-velocity hurricane zone of Miami-Dade and Broward
  133  Counties which are adopted to an edition of the Florida Building
  134  Code do not expire and shall be carried forward into the next
  135  edition of the code, subject to review or modification as
  136  provided in this part. If amendments that expire pursuant to
  137  this paragraph are resubmitted through the Florida Building
  138  commission code adoption process, the amendments must
  139  specifically address whether:
  140         1. The provisions contained in the proposed amendment are
  141  addressed in the applicable international code.
  142         2. The amendment demonstrates by evidence or data that the
  143  geographical jurisdiction of Florida exhibits a need to
  144  strengthen the foundation code beyond the needs or regional
  145  variations addressed by the foundation code, and why the
  146  proposed amendment applies to this state.
  147         3. The proposed amendment was submitted or attempted to be
  148  included in the code foundation codes to avoid resubmission to
  149  the Florida Building Code amendment process.
  151  If the proposed amendment has been addressed in the
  152  international code in a substantially equivalent manner, the
  153  Florida Building commission may not include the proposed
  154  amendment in the foundation Code.
  155         (8) Notwithstanding the provisions of subsection (3) or
  156  subsection (7), the commission may address issues identified in
  157  this subsection by amending the code pursuant only to the rule
  158  adoption procedures contained in chapter 120. Provisions of The
  159  Florida Building Code, including provisions those contained in
  160  referenced standards and criteria which relate, relating to wind
  161  resistance or the prevention of water intrusion, may not be
  162  amended pursuant to this subsection to diminish those standards
  163  construction requirements; however, the commission may, subject
  164  to conditions in this subsection, amend the Florida Building
  165  Code the provisions to enhance such standards those construction
  166  requirements. Following the approval of any amendments to the
  167  Florida Building Code by the commission and publication of the
  168  amendments on the commission’s website, authorities having
  169  jurisdiction to enforce the Florida Building Code may enforce
  170  the amendments. The commission may approve amendments that are
  171  needed to address:
  172         (a) Conflicts within the updated code;
  173         (b) Conflicts between the updated code and the Florida Fire
  174  Prevention Code adopted pursuant to chapter 633;
  175         (c) Unintended results from the integration of previously
  176  adopted Florida-specific amendments with the model code;
  177         (d) Equivalency of standards;
  178         (e) Changes to or inconsistencies with federal or state
  179  law; or
  180         (f) Adoption of an updated edition of the National
  181  Electrical Code if the commission finds that delay of
  182  implementing the updated edition causes undue hardship to
  183  stakeholders or otherwise threatens the public health, safety,
  184  and welfare.
  185         (9)(a) The commission may approve technical amendments to
  186  the Florida Building Code once each year for statewide or
  187  regional application upon a finding that the amendment:
  188         1. Is needed in order to accommodate the specific needs of
  189  this state.
  190         2. Has a reasonable and substantial connection with the
  191  health, safety, and welfare of the general public.
  192         3. Strengthens or improves the Florida Building Code, or in
  193  the case of innovation or new technology, will provide
  194  equivalent or better products or methods or systems of
  195  construction.
  196         4. Does not discriminate against materials, products,
  197  methods, or systems of construction of demonstrated
  198  capabilities.
  199         5. Does not degrade the effectiveness of the Florida
  200  Building Code.
  202  The Florida Building Commission may approve technical amendments
  203  to the code once each year to incorporate into the Florida
  204  Building Code its own interpretations of the code which are
  205  embodied in its opinions, final orders, declaratory statements,
  206  and interpretations of hearing officer panels under s.
  207  553.775(3)(c), but only to the extent that the incorporation of
  208  interpretations is needed to modify the code foundation codes to
  209  accommodate the specific needs of this state. Amendments
  210  approved under this paragraph shall be adopted by rule after the
  211  amendments have been subjected to subsection (3).
  213         (b) A proposed amendment must include a fiscal impact
  214  statement that documents the costs and benefits of the proposed
  215  amendment. Criteria for the fiscal impact statement shall be
  216  established by rule by the commission and shall include the
  217  impact to local government relative to enforcement, the impact
  218  to property and building owners, and the impact to industry,
  219  relative to the cost of compliance. The amendment must
  220  demonstrate by evidence or data that the state’s geographical
  221  jurisdiction exhibits a need to strengthen the foundation code
  222  beyond the needs or regional variations addressed by the
  223  foundation code and why the proposed amendment applies to this
  224  state.
  225         Section 2. This act shall take effect July 1, 2017.