Florida Building Commission
2013
Florida Building Code Update Process Ad Hoc Committee
January 30, 2012
Trade Winds Island
Grand Hotel
5500 Gulf
Boulevard—St. Pete Beach, Florida 33706—1.727.367.6461
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2013
Florida Building Code Update Process Meeting Objectives |
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Ø
To
Approve Regular Procedural Topics (Agenda and Procedural Guidelines) Ø
To
Hear an Overview of Ad Hoc Charge and Scope Ø
To
Hear an Overview of Staff Identified Key Issues (Process and Schedule) Ø
To
Identify and Discuss Code Update Process Issues for Evaluation Ø
To
Identify Evaluate and Decide on Options/Recommendations to Address Key Issues Ø
To
Consider Public Comment Ø
To
Adopt Recommendations for Submittal to the Commission Regarding 2013 Code
Update Process Ø To Identify Needed Next Steps |
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Meeting
Agenda—Monday, January 30, 2012 |
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All Agenda
Times—Including Adjournment—Are Approximate and Subject to Change |
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1:00 |
PM |
Welcome and Opening |
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PM |
Agenda Review and Approval |
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PM |
Review of 2013 Code Update Process
Project Scope |
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PM |
Staff
Overview of Key Issues Regarding 2013 Code Update Process ·
Statutory
Changes to the Code Update Process ·
Florida
Specific Requirements Carried Forward to the 2013 Code By Statute ·
Proposed
Schedule and Timeline for 2013 Code Update Process |
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PM |
Identification and
Discussion of Issues Regarding 2013 Code Update Process |
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PM |
Acceptability Ranking of
Proposed 2013 Code Update Process Issues/Options |
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PM |
General Public Comment |
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PM |
Adoption of
Recommendations for Submittal to the Commission |
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PM |
Review of Project Delivery and Meeting
Schedule, and Next Steps |
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PM |
Adjourn |
Contact Information and Project Webpage
Jeff Blair: jblair@fsu.edu ; http://consensus.fsu.edu/FBC/2013-Update-Process.html
Project Membership and Delivery Schedule
Overview
Raul L. Rodriguez, AIA, Immediate Past Commission Chair,
made appointments to the 2013 Code Amendment Process Review Workgroup, and they
are listed below. Members are charged with representing their stakeholder
group’s interests, and working with other interest groups to develop a
consensus package of recommendations for submittal to the Florida Building
Commission.
The 2013
Florida Building Code Update Process Ad Hoc Committee is tasked to make recommendations
regarding the 2013 Code Update process and schedule. The
project will be a facilitated consensus-building process and will conclude with
recommendations regarding the 2013 Code Update Process submitted to the Florida
Building Commission.
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Ad Hoc Committee Membership |
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Member |
Representation |
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Dick Browdy (FBC
Chair) |
Home Builders |
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Hamid
Bahadori |
Fire
Officials and Fire Protection Technologist |
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Ed Carson |
Contractors,
Manufactured Buildings, Product Approval |
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Herminio
Gonzalez |
Code Officials
(SE Florida) and Product Evaluation Entities |
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Dale Greiner |
Code
Officials (Central Florida) and Local Government |
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Jeff Gross |
Building
Management Industry |
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Jon Hamrick |
Public
Education and State Agencies |
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Rafael
Palacios |
HVAC
Contractors and Construction Subcontractors |
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John Scherer |
General
Contractors |
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Jim Schock |
Code
Officials (NE Florida) |
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Chris Schulte |
Roofing/Sheet
Metal and AC Contractors |
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Tim Tolbert |
Code
Officials (NW Florida) |
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Mark Turner |
Electrical
Contractors and Construction Subcontractors |
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Building Code System Assessment Project Chronology |
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Date |
Activity |
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January 30,
2012 |
Ad Hoc
Meeting I |
Procedural Guidelines
Participant’s
Role
ü The Ad Hoc process is an opportunity to
explore possibilities. Offering or exploring an idea does not necessarily imply
support for it.
ü Listen to understand. Seek a shared
understanding even if you don’t agree.
ü Be focused and concise—balance
participation & minimize repetition. Share the airtime.
ü Look to the facilitator(s) to be
recognized. Please raise your hand to speak.
ü Speak one person at a time. Please don’t
interrupt each other.
ü Focus on issues, not personalities.
Avoid stereotyping or personal attacks.
ü To the extent possible, offer options to
address other’s concerns, as well as your own.
ü Participate fully in discussions, and
complete meeting assignments as requested.
ü Serve as an accessible liaison, and
represent and communicate with member’s constituent group(s).
Facilitator’s
Role (FCRC Consensus Center @ FSU)
ü Design and facilitate a participatory Ad
Hoc process.
ü Assist the Ad Hoc to build consensus on
a package of recommendations for delivery to the Florida Building Commission.
ü Provide process design and procedural
recommendations to staff and the Ad Hoc.
ü Assist participants to stay focused and
on task.
ü Assure that participants follow ground
rules.
ü Prepare and post agenda packets,
worksheets and meeting summary reports.
Guidelines for
Brainstorming
ü Speak when recognized by the
Facilitator(s).
ü Offer one idea per person without
explanation.
ü No comments, criticism, or discussion of
other's ideas.
ü Listen respectively to other's ideas and
opinions.
ü Seek understanding and not agreement at
this point in the discussion.
The Name
Stacking Process
ü Determines the speaking order.
ü Participant raises hand to speak. Facilitator(s)
will call on participants in turn.
ü Facilitator(s) may interrupt the stack
(change the speaking order) in order to promote discussion on a specific issue
or, to balance participation and allow those who have not spoken on an issue an
opportunity to do so before others on the list who have already spoken on the
issue.
Acceptability
Ranking Scale
During the
meetings, members will be asked to develop and rank options, and following
discussion
and refinements may be asked to do additional rankings of the options if
requested by members and staff. Please be prepared to offer specific
refinements or changes to address your reservations. The following scale will
be utilized for the ranking exercises:
Consensus Process
The Ad Hoc
Committee will seek to develop a package of consensus-based recommendations for
submittal to the Florida Building Commission.
General consensus is a participatory process whereby, on matters of
substance, the members strive for agreements which all of the members can
accept, support, live with or agree not to oppose. In
instances where, after vigorously exploring possible ways to enhance the
members’ support for the final decision on a recommendation, and the Ad Hoc
finds that 100% acceptance or support is not achievable, final decisions will
require at least 75% favorable vote of all members present and voting. This super majority decision rule underscores
the importance of actively developing consensus throughout the process on
substantive issues with the participation of all members and which all can live
with. In instances where the Ad Hoc
finds that even 75% acceptance or support is not achievable, publication of
recommendations will include documentation of the differences and the options
that were considered for which there is more than 50% support from the Ad Hoc.
The Ad Hoc will
develop its recommendations using consensus-building techniques with the
assistance of the facilitator.
Techniques such as brainstorming, ranking and prioritizing approaches
will be utilized. Where differences
exist that prevent the Ad Hoc from reaching a final consensus decision (i.e.
with support of at least 75% of the members) on a recommendation, the Ad Hoc
will outline the differences in its documentation.
The Ad Hoc’s
consensus process will be conducted as an open process consistent with
applicable law. Ad Hoc members, staff,
and facilitator will be the only participants seated at the table. Only Ad Hoc
members may participate in discussions and vote on proposals and
recommendations. The facilitator, or a Ad Hoc member through the facilitator,
may request specific clarification from a member of the public in order to
assist the Ad Hoc in understanding an issue. Observers/members
of the public are welcome to speak during the public comment period provided at
each meeting, and all comments submitted on the public comment forms provided
in the agenda packets will be included in the facilitator’ summary reports.
Facilitator
will work with staff and Ad Hoc members to design agendas and worksheets that
will be both efficient and effective.
The staff will help the Ad Hoc with information and meeting logistics.
To enhance the
possibility of constructive discussions as members educate themselves on the
issues and engage in consensus-building, members agree to refrain from public
statements that may prejudge the outcome of the Ad Hoc’s consensus
process. In discussing the Ad Hoc
process with the media, members agree to be careful to present only their own
views and not the views or statements of other participants. In addition, in
order to provide balance to the Ad Hoc process, members agree to represent and
consult with their stakeholder interest groups.
Florida Building Code Update Process—Section 553.73,
F.S.
553.73 Florida Building Code.—
(1)(a) The commission shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the
Florida Building Code which shall contain or incorporate by reference all laws
and rules which pertain to and govern the design, construction, erection,
alteration, modification, repair, and demolition of public and private
buildings, structures, and facilities and enforcement of such laws and rules,
except as otherwise provided in this section.
(b) The technical portions of the Florida Accessibility Code
for Building Construction shall be contained in their entirety in the Florida
Building Code. The civil rights portions and the technical portions of the
accessibility laws of this state shall remain as currently provided by law. Any
revision or amendments to the Florida Accessibility Code for Building
Construction pursuant to part II shall be considered adopted by the commission
as part of the Florida Building Code. Neither the commission nor any local
government shall revise or amend any standard of the Florida Accessibility Code
for Building Construction except as provided for in part II.
(c) The Florida Fire Prevention Code and the Life Safety Code
shall be referenced in the Florida Building Code, but shall be adopted,
modified, revised, or amended, interpreted, and maintained by the Department of
Financial Services by rule adopted pursuant to ss. 120.536(1) and 120.54. The
Florida Building Commission may not adopt a fire prevention or lifesafety code,
and nothing in the Florida Building Code shall affect the statutory powers,
duties, and responsibilities of any fire official or the Department of
Financial Services.
(d) Conflicting requirements between the Florida Building Code
and the Florida Fire Prevention Code and Life Safety Code of the state
established pursuant to ss. 633.022 and 633.025 shall be
resolved by agreement between the commission and the State Fire Marshal in
favor of the requirement that offers the greatest degree of lifesafety or
alternatives that would provide an equivalent degree of lifesafety and an
equivalent method of construction. If the commission and State Fire Marshal are
unable to agree on a resolution, the question shall be referred to a mediator,
mutually agreeable to both parties, to resolve the conflict in favor of the
provision that offers the greatest lifesafety, or alternatives that would
provide an equivalent degree of lifesafety and an equivalent method of
construction.
(e) Subject to the provisions of this act, responsibility for
enforcement, interpretation, and regulation of the Florida Building Code shall
be vested in a specified local board or agency, and the words “local
government” and “local governing body” as used in this part shall be construed
to refer exclusively to such local board or agency.
(2) The Florida Building Code shall contain provisions or
requirements for public and private buildings, structures, and facilities
relative to structural, mechanical, electrical, plumbing, energy, and gas
systems, existing buildings, historical buildings, manufactured buildings,
elevators, coastal construction, lodging facilities, food sales and food
service facilities, health care facilities, including assisted living
facilities, adult day care facilities, hospice residential and inpatient
facilities and units, and facilities for the control of radiation hazards,
public or private educational facilities, swimming pools, and correctional
facilities and enforcement of and compliance with such provisions or
requirements. Further, the Florida Building Code must provide for uniform
implementation of ss. 515.25, 515.27, and 515.29 by
including standards and criteria for residential swimming pool barriers, pool
covers, latching devices, door and window exit alarms, and other equipment
required therein, which are consistent with the intent of s. 515.23. Technical
provisions to be contained within the Florida Building Code are restricted to
requirements related to the types of materials used and construction methods
and standards employed in order to meet criteria specified in the Florida
Building Code. Provisions relating to the personnel, supervision or training of
personnel, or any other professional qualification requirements relating to
contractors or their workforce may not be included within the Florida Building
Code, and subsections (4), (6), (7), (8), and (9) are not to be construed to
allow the inclusion of such provisions within the Florida Building Code by
amendment. This restriction applies to both initial development and amendment
of the Florida Building Code.
(3) The commission shall use the International Codes published
by the International Code Council, the National Electric Code (NFPA 70), or
other nationally adopted model codes and standards needed to develop the base
code in Florida to form the foundation for the Florida Building Code. The
Florida Building Commission may approve technical amendments to the code,
subject to subsections (8) and (9), after the amendments have been subject to
the following conditions:
(a) The proposed amendment has been published on the
commission’s website for a minimum of 45 days and all the associated
documentation has been made available to any interested party before any
consideration by a Technical Advisory Committee;
(b) In order for a Technical Advisory Committee to make a
favorable recommendation to the commission, the proposal must receive a
three-fourths vote of the members present at the Technical Advisory Committee
meeting and at least half of the regular members must be present in order to
conduct a meeting;
(c) After Technical Advisory Committee consideration and a
recommendation for approval of any proposed amendment, the proposal must be
published on the commission’s website for at least 45 days before any
consideration by the commission; and
(d) A proposal may be modified by the commission based on
public testimony and evidence from a public hearing held in accordance with
chapter 120.
The
commission shall incorporate within sections of the Florida Building Code
provisions which address regional and local concerns and variations. The
commission shall make every effort to minimize conflicts between the Florida
Building Code, the Florida Fire Prevention Code, and the Life Safety Code.
(4)(a) All entities authorized to enforce the Florida Building
Code pursuant to s. 553.80
shall comply with applicable standards for issuance of mandatory certificates
of occupancy, minimum types of inspections, and procedures for plans review and
inspections as established by the commission by rule. Local governments may
adopt amendments to the administrative provisions of the Florida Building Code,
subject to the limitations of this paragraph. Local amendments shall be more
stringent than the minimum standards described herein and shall be transmitted
to the commission within 30 days after enactment. The local government shall
make such amendments available to the general public in a usable format. The
State Fire Marshal is responsible for establishing the standards and procedures
required in this paragraph for governmental entities with respect to applying
the Florida Fire Prevention Code and the Life Safety Code.
(b) Local governments may, subject to the limitations of this
section, adopt amendments to the technical provisions of the Florida Building
Code which apply solely within the jurisdiction of such government and which
provide for more stringent requirements than those specified in the Florida
Building Code, not more than once every 6 months. A local government may adopt
technical amendments that address local needs if:
1. The
local governing body determines, following a public hearing which has been
advertised in a newspaper of general circulation at least 10 days before the
hearing, that there is a need to strengthen the requirements of the Florida
Building Code. The determination must be based upon a review of local
conditions by the local governing body, which review demonstrates by evidence
or data that the geographical jurisdiction governed by the local governing body
exhibits a local need to strengthen the Florida Building Code beyond the needs
or regional variation addressed by the Florida Building Code, that the local
need is addressed by the proposed local amendment, and that the amendment is no
more stringent than necessary to address the local need.
2. Such
additional requirements are not discriminatory against materials, products, or
construction techniques of demonstrated capabilities.
3. Such
additional requirements may not introduce a new subject not addressed in the
Florida Building Code.
4. The
enforcing agency shall make readily available, in a usable format, all
amendments adopted pursuant to this section.
5. Any
amendment to the Florida Building Code shall be transmitted within 30 days by
the adopting local government to the commission. The commission shall maintain
copies of all such amendments in a format that is usable and obtainable by the
public. Local technical amendments shall not become effective until 30 days
after the amendment has been received and published by the commission.
6. Any
amendment to the Florida Building Code adopted by a local government pursuant
to this paragraph shall be effective only until the adoption by the commission
of the new edition of the Florida Building Code every third year. At such time,
the commission shall review such amendment for consistency with the criteria in
paragraph (9)(a) and adopt such amendment as part of the Florida Building Code
or rescind the amendment. The commission shall immediately notify the
respective local government of the rescission of any amendment. After receiving
such notice, the respective local government may readopt the rescinded
amendment pursuant to the provisions of this paragraph.
7. Each
county and municipality desiring to make local technical amendments to the
Florida Building Code shall by interlocal agreement establish a countywide
compliance review board to review any amendment to the Florida Building Code,
adopted by a local government within the county pursuant to this paragraph,
that is challenged by any substantially affected party for purposes of
determining the amendment’s compliance with this paragraph. If challenged, the
local technical amendments shall not become effective until time for filing an
appeal pursuant to subparagraph 8. has expired or, if there is an appeal, until
the commission issues its final order determining the adopted amendment is in
compliance with this subsection.
8. If
the compliance review board determines such amendment is not in compliance with
this paragraph, the compliance review board shall notify such local government
of the noncompliance and that the amendment is invalid and unenforceable until
the local government corrects the amendment to bring it into compliance. The
local government may appeal the decision of the compliance review board to the
commission. If the compliance review board determines such amendment to be in
compliance with this paragraph, any substantially affected party may appeal
such determination to the commission. Any such appeal shall be filed with the commission
within 14 days of the board’s written determination. The commission shall
promptly refer the appeal to the Division of Administrative Hearings by
electronic means through the division’s website for the assignment of an
administrative law judge. The administrative law judge shall conduct the
required hearing within 30 days, and shall enter a recommended order within 30
days of the conclusion of such hearing. The commission shall enter a final
order within 30 days thereafter. The provisions of chapter 120 and the uniform
rules of procedure shall apply to such proceedings. The local government
adopting the amendment that is subject to challenge has the burden of proving
that the amendment complies with this paragraph in proceedings before the
compliance review board and the commission, as applicable. Actions of the
commission are subject to judicial review pursuant to s. 120.68. The
compliance review board shall determine whether its decisions apply to a
respective local jurisdiction or apply countywide.
9. An
amendment adopted under this paragraph shall include a fiscal impact statement
which documents the costs and benefits of the proposed amendment. Criteria for
the fiscal impact statement shall include the impact to local government
relative to enforcement, the impact to property and building owners, as well as
to industry, relative to the cost of compliance. The fiscal impact statement
may not be used as a basis for challenging the amendment for compliance.
10. In addition to subparagraphs 7. and 9., the commission may
review any amendments adopted pursuant to this subsection and make nonbinding
recommendations related to compliance of such amendments with this subsection.
(c) Any amendment adopted by a local enforcing agency pursuant
to this subsection shall not apply to state or school district owned buildings,
manufactured buildings or factory-built school buildings approved by the
commission, or prototype buildings approved pursuant to s. 553.77(3). The
respective responsible entities shall consider the physical performance
parameters substantiating such amendments when designing, specifying, and
constructing such exempt buildings.
(5) Notwithstanding subsection (4), counties and municipalities
may adopt by ordinance an administrative or technical amendment to the Florida
Building Code relating to flood resistance in order to implement the National
Flood Insurance Program or incentives. Specifically, an administrative
amendment may assign the duty to enforce all or portions of flood-related code
provisions to the appropriate agencies of the local government and adopt
procedures for variances and exceptions from flood-related code provisions
other than provisions for structures seaward of the coastal construction
control line consistent with the requirements in 44 C.F.R. s. 60.6. A technical
amendment is authorized to the extent it is more stringent than the code. A
technical amendment is not subject to the requirements of subsection (4) and
may not be rendered void when the code is updated if the amendment is adopted
for the purpose of participating in the Community Rating System promulgated
pursuant to 42 U.S.C. s. 4022, the amendment had already been adopted by local
ordinance prior to July 1, 2010, or the amendment requires a design flood
elevation above the base flood elevation. Any amendment adopted pursuant to
this subsection shall be transmitted to the commission within 30 days after
being adopted.
(6) The initial adoption of, and any subsequent update or
amendment to, the Florida Building Code by the commission is deemed adopted for
use statewide without adoptions by local government. For a building permit for
which an application is submitted prior to the effective date of the Florida
Building Code, the state minimum building code in effect in the permitting
jurisdiction on the date of the application governs the permitted work for the
life of the permit and any extension granted to the permit.
Code Update
Process
(7)(a) The commission, by rule adopted pursuant to ss. 120.536(1) and 120.54, shall
update the Florida Building Code every 3 years. When updating the Florida
Building Code, the commission shall select the most current version of the
International Building Code, the International Fuel Gas Code, the International
Mechanical Code, the International Plumbing Code, and the International
Residential Code, all of which are adopted by the International Code Council,
and the National Electrical Code, which is adopted by the National Fire
Protection Association, to form the foundation codes of the updated Florida
Building Code, if the version has been adopted by the applicable model code
entity. The commission shall select the most current version of the
International Energy Conservation Code (IECC) as a foundation code; however,
the IECC shall be modified by the commission to maintain the efficiencies of
the Florida Energy Efficiency Code for Building Construction adopted and
amended pursuant to s. 553.901.
(b) Codes regarding noise contour lines shall be reviewed
annually, and the most current federal guidelines shall be adopted.
(c) The commission may modify any portion of the foundation
codes only as needed to accommodate the specific needs of this state. Standards
or criteria referenced by the codes shall be incorporated by reference. If a
referenced standard or criterion requires amplification or modification to be
appropriate for use in this state, only the amplification or modification shall
be set forth in the Florida Building Code. The commission may approve technical
amendments to the updated Florida Building Code after the amendments have been
subject to the conditions set forth in paragraphs (3)(a)-(d). Amendments to the
foundation codes which are adopted in accordance with this subsection shall be
clearly marked in printed versions of the Florida Building Code so that the
fact that the provisions are Florida-specific amendments to the foundation
codes is readily apparent.
(d) The commission shall further consider the commission’s own
interpretations, declaratory statements, appellate decisions, and approved
statewide and local technical amendments and shall incorporate such
interpretations, statements, decisions, and amendments into the updated Florida
Building Code only to the extent that they are needed to modify the foundation
codes to accommodate the specific needs of the state. A change made by an
institute or standards organization to any standard or criterion that is
adopted by reference in the Florida Building Code does not become effective
statewide until it has been adopted by the commission. Furthermore, the edition
of the Florida Building Code which is in effect on the date of application for
any permit authorized by the code governs the permitted work for the life of
the permit and any extension granted to the permit.
(e) A rule updating the Florida Building Code in accordance
with this subsection shall take effect no sooner than 6 months after
publication of the updated code. Any amendment to the Florida Building Code
which is adopted upon a finding by the commission that the amendment is
necessary to protect the public from immediate threat of harm takes effect
immediately.
(f) Provisions of the foundation codes, including those
contained in referenced standards and criteria, relating to wind resistance or
the prevention of water intrusion may not be modified to diminish those
construction requirements; however, the commission may, subject to conditions
in this subsection, modify the provisions to enhance those construction
requirements.
(g) Amendments or modifications to the foundation code pursuant
to this subsection shall remain effective only until the effective date of a
new edition of the Florida Building Code every third year. Amendments or
modifications related to state agency regulations which are adopted and
integrated into an edition of the Florida Building Code shall be carried
forward into the next edition of the code, subject to modification as provided
in this part. Amendments or modifications related to the wind-resistance design
of buildings and structures within the high-velocity hurricane zone of
Miami-Dade and Broward Counties which are adopted to an edition of the Florida
Building Code do not expire and shall be carried forward into the next edition
of the code, subject to review or modification as provided in this part. If
amendments that expire pursuant to this paragraph are resubmitted through the
Florida Building Commission code adoption process, the amendments must
specifically address whether:
1. The
provisions contained in the proposed amendment are addressed in the applicable
international code.
2. The
amendment demonstrates by evidence or data that the geographical jurisdiction
of Florida exhibits a need to strengthen the foundation code beyond the needs
or regional variations addressed by the foundation code, and why the proposed
amendment applies to this state.
3. The
proposed amendment was submitted or attempted to be included in the foundation
codes to avoid resubmission to the Florida Building Code amendment process.
If the proposed
amendment has been addressed in the international code in a substantially
equivalent manner, the Florida Building Commission may not include the proposed
amendment in the foundation code.
Requirements to
Amend the Code
(8) Notwithstanding the provisions of subsection (3) or
subsection (7), the commission may address issues identified in this subsection
by amending the code pursuant only to the rule adoption procedures contained in
chapter 120. Provisions of the Florida Building Code, including those contained
in referenced standards and criteria, relating to wind resistance or the
prevention of water intrusion may not be amended pursuant to this subsection to
diminish those construction requirements; however, the commission may, subject
to conditions in this subsection, amend the provisions to enhance those
construction requirements. Following the approval of any amendments to the
Florida Building Code by the commission and publication of the amendments on
the commission’s website, authorities having jurisdiction to enforce the
Florida Building Code may enforce the amendments. The commission may approve
amendments that are needed to address:
(a) Conflicts within the updated code;
(b) Conflicts between the updated code and the Florida Fire
Prevention Code adopted pursuant to chapter 633;
(c) Unintended results from the integration of previously
adopted Florida-specific amendments with the model code;
(d) Equivalency of standards;
(e) Changes to or inconsistencies with federal or state law; or
(f) Adoption of an updated edition of the National Electrical
Code if the commission finds that delay of implementing the updated edition
causes undue hardship to stakeholders or otherwise threatens the public health,
safety, and welfare.
Annual Technical
Amendments
(9)(a) The commission may approve technical amendments to the
Florida Building Code once each year for statewide or regional application upon
a finding that the amendment:
1. Is
needed in order to accommodate the specific needs of this state.
2. Has
a reasonable and substantial connection with the health, safety, and welfare of
the general public.
3. Strengthens
or improves the Florida Building Code, or in the case of innovation or new
technology, will provide equivalent or better products or methods or systems of
construction.
4. Does
not discriminate against materials, products, methods, or systems of
construction of demonstrated capabilities.
5. Does
not degrade the effectiveness of the Florida Building Code.
The
Florida Building Commission may approve technical amendments to the code once
each year to incorporate into the Florida Building Code its own interpretations
of the code which are embodied in its opinions, final orders, declaratory
statements, and interpretations of hearing officer panels under s. 553.775(3)(c),
but only to the extent that the incorporation of interpretations is needed to
modify the foundation codes to accommodate the specific needs of this state.
Amendments approved under this paragraph shall be adopted by rule after the
amendments have been subjected to subsection (3).
(b) A proposed amendment must include a fiscal impact statement
that documents the costs and benefits of the proposed amendment. Criteria for
the fiscal impact statement shall be established by rule by the commission and
shall include the impact to local government relative to enforcement, the
impact to property and building owners, and the impact to industry, relative to
the cost of compliance. The amendment must demonstrate by evidence or data that
the state’s geographical jurisdiction exhibits a need to strengthen the
foundation code beyond the needs or regional variations addressed by the
foundation code and why the proposed amendment applies to this state.
(c) The commission may not approve any proposed amendment that
does not accurately and completely address all requirements for amendment which
are set forth in this section. The commission shall require all proposed
amendments and information submitted with proposed amendments to be reviewed by
commission staff prior to consideration by any technical advisory committee.
These reviews shall be for sufficiency only and are not intended to be
qualitative in nature. Staff members shall reject any proposed amendment that
fails to include a fiscal impact statement. Proposed amendments rejected by
members of the staff may not be considered by the commission or any technical
advisory committee.
(d) Provisions of the Florida Building Code, including those
contained in referenced standards and criteria, relating to wind resistance or
the prevention of water intrusion may not be amended pursuant to this
subsection to diminish those construction requirements; however, the commission
may, subject to conditions in this subsection, amend the provisions to enhance
those construction requirements.
Exemptions
(10) The following buildings, structures, and facilities are
exempt from the Florida Building Code as provided by law, and any further
exemptions shall be as determined by the Legislature and provided by law:
(a) Buildings and structures specifically regulated and
preempted by the Federal Government.
(b) Railroads and ancillary facilities associated with the
railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for
construction purposes.
(e) Mobile or modular structures used as temporary offices,
except that the provisions of part II relating to accessibility by persons with
disabilities shall apply to such mobile or modular structures.
(f) Those structures or facilities of electric utilities, as
defined in s. 366.02,
which are directly involved in the generation, transmission, or distribution of
electricity.
(g) Temporary sets, assemblies, or structures used in
commercial motion picture or television production, or any sound-recording
equipment used in such production, on or off the premises.
(h) Storage sheds that are not designed for human habitation
and that have a floor area of 720 square feet or less are not required to
comply with the mandatory wind-borne-debris-impact standards of the Florida
Building Code. In addition, such buildings that are 400 square feet or less and
that are intended for use in conjunction with one- and two-family residences
are not subject to the door height and width requirements of the Florida
Building Code.
(i) Chickees constructed by the Miccosukee Tribe of Indians of
Florida or the Seminole Tribe of Florida. As used in this paragraph, the term
“chickee” means an open-sided wooden hut that has a thatched roof of palm or
palmetto or other traditional materials, and that does not incorporate any electrical,
plumbing, or other nonwood features.
(j) Family mausoleums not exceeding 250 square feet in area
which are prefabricated and assembled on site or preassembled and delivered on
site and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
With
the exception of paragraphs (a), (b), (c), and (f), in order to preserve the
health, safety, and welfare of the public, the Florida Building Commission may,
by rule adopted pursuant to chapter 120, provide for exceptions to the broad
categories of buildings exempted in this section, including exceptions for
application of specific sections of the code or standards adopted therein. The
Department of Agriculture and Consumer Services shall have exclusive authority
to adopt by rule, pursuant to chapter 120, exceptions to nonresidential farm
buildings exempted in paragraph (c) when reasonably necessary to preserve
public health, safety, and welfare. The exceptions must be based upon specific
criteria, such as under-roof floor area, aggregate electrical service capacity,
HVAC system capacity, or other building requirements. Further, the commission
may recommend to the Legislature additional categories of buildings,
structures, or facilities which should be exempted from the Florida Building
Code, to be provided by law. The Florida Building Code does not apply to
temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
Conflicts
(11)(a) In the event of a conflict between the Florida Building
Code and the Florida Fire Prevention Code and the Life Safety Code as applied
to a specific project, the conflict shall be resolved by agreement between the
local building code enforcement official and the local fire code enforcement
official in favor of the requirement of the code which offers the greatest
degree of lifesafety or alternatives which would provide an equivalent degree
of lifesafety and an equivalent method of construction.
(b) Any decision made by the local fire official and the local
building official may be appealed to a local administrative board designated by
the municipality, county, or special district having firesafety
responsibilities. If the decision of the local fire official and the local
building official is to apply the provisions of either the Florida Building
Code or the Florida Fire Prevention Code and the Life Safety Code, the board
may not alter the decision unless the board determines that the application of
such code is not reasonable. If the decision of the local fire official and the
local building official is to adopt an alternative to the codes, the local
administrative board shall give due regard to the decision rendered by the
local officials and may modify that decision if the administrative board adopts
a better alternative, taking into consideration all relevant circumstances. In
any case in which the local administrative board adopts alternatives to the
decision rendered by the local fire official and the local building official,
such alternatives shall provide an equivalent degree of lifesafety and an
equivalent method of construction as the decision rendered by the local
officials.
(c) If the local building official and the local fire official
are unable to agree on a resolution of the conflict between the Florida
Building Code and the Florida Fire Prevention Code and the Life Safety Code,
the local administrative board shall resolve the conflict in favor of the code
which offers the greatest degree of lifesafety or alternatives which would
provide an equivalent degree of lifesafety and an equivalent method of
construction.
(d) All decisions of the local administrative board, or if none
exists, the decisions of the local building official and the local fire
official, are subject to review by a joint committee composed of members of the
Florida Building Commission and the Fire Code Advisory Council. If the joint
committee is unable to resolve conflicts between the codes as applied to a
specific project, the matter shall be resolved pursuant to the provisions of
paragraph (1)(d).
(e) The local administrative board shall, to the greatest
extent possible, be composed of members with expertise in building construction
and firesafety standards.
(f) All decisions of the local building official and local fire
official and all decisions of the administrative board shall be in writing and
shall be binding upon all persons but shall not limit the authority of the
State Fire Marshal or the Florida Building Commission pursuant to paragraph
(1)(d) and ss. 633.01
and 633.161.
Decisions of general application shall be indexed by building and fire code
sections and shall be available for inspection during normal business hours.
Exceptions
(12) Except within coastal building zones as defined in s. 161.54,
specification standards developed by nationally recognized code promulgation
organizations to determine compliance with engineering criteria of the Florida
Building Code for wind load design shall not apply to one or two family
dwellings which are two stories or less in height unless approved by the
commission for use or unless expressly made subject to said standards and
criteria by local ordinance adopted in accordance with the provisions of
subsection (4).
(13) The Florida Building Code does not apply to, and no code
enforcement action shall be brought with respect to, zoning requirements, land
use requirements, and owner specifications or programmatic requirements which
do not pertain to and govern the design, construction, erection, alteration,
modification, repair, or demolition of public or private buildings, structures,
or facilities or to programmatic requirements that do not pertain to
enforcement of the Florida Building Code. Additionally, a local code
enforcement agency may not administer or enforce the Florida Building Code to
prevent the siting of any publicly owned facility, including, but not limited
to, correctional facilities, juvenile justice facilities, or state
universities, community colleges, or public education facilities, as provided
by law.
(14) The general provisions of the Florida Building Code for
buildings and other structures shall not apply to commercial wireless
communication towers when such general provisions are inconsistent with the
provisions of the code controlling radio and television towers. This subsection
is intended to be remedial in nature and to clarify existing law.
(15) An agency or local government may not require that existing
mechanical equipment on the surface of a roof be installed in compliance with
the requirements of the Florida Building Code until the equipment is required
to be removed or replaced.
(16) The Florida Building Code must require that the
illumination in classroom units be designed to provide and maintain an average
of 40 foot-candles of light at each desktop. Public educational facilities must
consider using light-emitting diode lighting before considering other lighting
sources.
(17) The provisions of section R313 of the most current version
of the International Residential Code relating to mandated fire sprinklers may
not be incorporated into the Florida Building Code as adopted by the Florida
Building Commission and may not be adopted as a local amendment to the Florida
Building Code. This subsection does not apply to a local government that has a
lawfully adopted ordinance relating to fire sprinklers which has been in effect
since January 1, 2010.
Issues and Options
Identification Worksheet
Issues
Identification Exercise—Meeting Notes
Think about the
2013 Code Update Process. What issues need to be addressed in order to clarify
and/or enhance the efficacy of the Code Update Process?
Please use the
following space to jot down your thoughts.
Options
Identification Exercise—Meeting
Notes
Please use the
space below to write down possible options to address the key issues identified
earlier regarding clarifying and/or enhancing the efficacy of the 2013 Code
Update Process.
Please use the
following space to jot down your thoughts.
During the
meeting, members will be asked to develop and rank options, and following
discussions and refinements, may be asked to do a second ranking of the options
as refined. The following scale will be utilized for the ranking exercises:
Note: Please be
prepared to offer specific refinements or changes to address your reservations.
Acceptability
Ranking Template
Q
|
|
4=acceptable |
3= minor reservations |
2=major reservations |
1= not acceptable |
|
Initial Ranking 01/31/12 |
|
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Participants Comments and Reservations
(01/30/12):
Public Comment Form
The Florida Building Commission and the 2013
Florida Building Code Update Process Ad Hoc Committee encourage written
comments—All written comments will be included in the meeting summary report.
Name:
Organization:
Meeting Date:
Please make your comment(s)
as specific as possible, and offer suggestions to address your concerns.
Please limit comment(s) to
topics within the scope of the Ad Hoc.
Any personal attacks or derogatory language will be discarded.
The facilitator may, at
his discretion, limit public comment to a maximum of three-minutes (3) per
person, depending on the number of individuals wishing to speak.
COMMENT:
Please give completed
form(s) to the Facilitator for inclusion in the meeting summary report.