Notice of Proposed Rule
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Florida Building Commission
RULE NO.:
RULE TITLE:
61G20-1.001 Florida Building Code Adopted
PURPOSE
AND EFFECT: To adopt the Florida Building Code, 5th Edition (2014),
to address the statutorily required triennial update and “glitch”
modifications.
SUMMARY:
This rule represents the triennial update to the Florida Building Code and the
“glitch” amendment process. The Florida Building Commission has selected the
2012 edition of the model codes developed by the International Code Council as
the foundation for this edition of the building code. The Commission has
reviewed local amendments to the Code and proposals for modifying the Code and
has approved for adoption the Florida Building Code, 5th edition
(2014) which incorporates the proposed modifications receiving at least a 75%
majority vote of the Commission; and amendments and modifications previously
adopted and required by law to be carried into the next edition of the Code.
The Code is published and available for review via link on the Commission
website, www.floridabuilding.org.
SUMMARY
OF STATEMENT OF ESTIMATED REGULATORY COSTS:
The agency is
unable to determine whether this rule will have an adverse impact on small
business or likely directly or indirectly regulatory costs in excess of
$200,000 in the aggregate within one year after the implementation of this
rule. A SERC has been prepared by the
agency. The following is a Summary of the Statement of Estimated Regulatory
Costs approved by the agency:
·
The rules are not likely
to directly or indirectly have an adverse impact on economic growth;
private-sector job creation or employment, or private-sector investment in
excess of $1 million in the aggregate within 5 years after the implementation
of the rules.
·
The rules are not likely
to directly or indirectly have an adverse impact on business competitiveness,
including the ability of persons doing business in the state to compete with
persons doing business in other states or domestic markets, productivity, or
innovation in excess of $1 million in the aggregate within 5 years after the
implementation of the rules.
·
The rules are likely to
directly or indirectly to increase regulatory costs, including any transaction
costs, in excess of $1 million in the aggregate within 5 years after the
implementation of the rules.
·
The number of
individuals and entities likely to be required to comply with the rules based
on the number of building code administrators/inspectors, electrical contractors,
engineers, the construction industry, architects, and interior designers over
the last two years will be approximately 156,932.
·
The agency will not
incur any costs for implementing or enforcing the proposed rules.
·
The cost to any other
state and local government entities of implementing the proposed rules is
indeterminate.
·
The total estimated
costs to the individuals and entities that are required to comply with the
rules in a 5 year period is in excess of $1 million in the aggregate within 5
years after the implementation of the rules.
·
The estimated number of
small businesses that would be subject to the rules is greater than 5000.
·
There are small counties
or small cities that will be impacted by the rules.
The agency has determined that the
proposed rule is not expected to require legislative ratification based on the
statement of estimated regulatory costs or if no SERC is required, the
information expressly relied upon and described herein: the exemption listed in Section 120.541(4),
Florida Statutes.
Any person who wishes to provide
information regarding the statement of estimated regulatory costs, or to
provide a proposal for a lower cost regulatory alternative must do so in
writing within 21 days of this notice.
RULEMAKING
AUTHORITY: 553.73(1), (7) FS.
LAW
IMPLEMENTED: 553.37(1), 553.72, 553.73 FS., Sections 32, 33, 34, 36, 44, 46, 48,
Chapter 2005-147, Laws of Florida, Section 1, Chapter 2006-65, Laws of Florida,
Section 10, Chapter 2007-1, Laws of Florida.
A HEARING WILL BE
HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME:
Monday, January 5, 2015, 10:00 a.m.
PLACE: Meeting to be
conducted using communications media technology; you must access webinar for
video only and teleconference number for audio. The “voice-over-internet-protocol”
feature will not be used for this meeting and you must dial in using the
telephone number indicated below. To access the webinar go to
https://global.gotomeeting.com/join/849731693. You may call in to participate
by audio only or in conjunction with the webinar. Use the following numbers to
call in using your telephone:
United States: +1
(626) 521-0016
United States
(toll-free): 1 866 899 4679
Access Code and
Meeting ID: 478-483-605
Audio PIN: Shown
after joining the meeting
Public point of
access: 1940 North Monroe Street, Room 90, Tallahassee, Florida.
THE
PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mo Madani,
Program Manager, Department
of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee,
Florida 32399, (850)717-1825
THE FULL TEXT OF THE PROPOSED RULE
IS:
61G20-1.001 Florida
Building Code Adopted.
(1) The
Florida Building Code, 5th 2010 Edition (2014),
as updated by the Florida Building Commission on _________ – August 9, 2011,
and amended by the Commission on August 7, 2012, incorporated herein by
reference is hereby adopted as the building code for the State of Florida.
(2)
The material incorporated and adopted in subsection (1) is copyrighted material that is
available for public inspection and examination at the Department of State,
Administrative Code and Register Section, Room 701, The Capitol, Tallahassee,
Florida 32399-0250, and at the Office of Codes and Standards, 1940 North Monroe
Street, Room 90, Tallahassee, Florida 32399-0772.
(3)(2) Modifications and
Amendments. All proposed modifications to the selected base codes and
amendments to the Florida Building Code shall be submitted on the form adopted
by reference in subsection 61G20-2.002(4), F.A.C., that must be completed in
full prior to submittal. The text of the proposed modification or amendment
must be provided in legislative format, with underlining indicating where new
language is added to the existing provisions and strikeout indicating where
existing language is deleted. Copies of the form may be obtained by writing to
the Office of Codes and Standards Section, Department of Business and
Professional Regulations, 1940 North Monroe Street, Room 90,
Tallahassee, Florida 32399-0772 32399.
Rulemaking Authority 553.73(1), (2), (6), (7) FS.,
Sections 21, 32, 33, 34, 36, 44, 46, 48, Chapter 2005-147, Laws of Florida,
Section 1, Chapter 2006-65, Laws of Florida, Section 10, Chapter 2007-1, Laws
of Florida. Law Implemented 553.37(1), 553.72, 553.73(2), (3),
(6), (7), (9) FS., Sections 21, 32, 33, 34, 36, 44, 46, 48, Chapter
2005-147, Laws of Florida, Section 1, Chapter 2006-65, Laws of Florida, Section
10, Chapter 2007-1, Laws of Florida. History–New 7-18-90, Amended 3-30-93,
10-17-93, 8-28-95, 9-24-96, 12-26-96, 4-27-97, 10-5-97, 10-14-97, 9-7-00,
11-28-00, 2-7-01, 12-16-01, 6-30-03, 4-3-05, 12-11-05, 12-8-06, 5-21-07,
10-1-08, 2-17-09, 10-1-09, Formerly 9B-3.047, Amended 11-10-11, Formerly
9N-1.001, Amended 4-25-13,___________.
The
Commission has determined that posting the incorporated material on the
Internet would constitute a violation of the federal copyright law. The
incorporated material will be available for public inspection and examination
at the Department of State, Division of Library and Information Services,
Administrative Code and Register Unit, Room 101, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 and at the
Office of Codes and Standards, 1940 North Monroe Street, Room 90, Tallahassee, Florida 32399-0772.
NAME
OF PERSON ORIGINATING PROPOSED RULE:
Florida Building Commission
NAME
OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE
PROPOSED RULE APPROVED BY AGENCY HEAD:
November 13, 2014
DATE
THE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 20, 2013