NOTICE OF PROPOSED RULEMAKING

DEPARTMENT OF COMMUNITY AFFAIRS

Florida Building Commission

RULE CHAPTER NO.:           RULE CHAPTER TITLE:

9B-3                                        Florida Building Commission – Operational Procedures

RULE NO.                              RULE TITLE:

9B-3.050                                 Statewide Amendments to the Florida Building Code.

PURPOSE, EFFECT AND SUMMARY:  To identify criteria by which the commission evaluates proposed annual amendments to the Florida Building Code and coordinate the annual amendment process with the glitch process added to Chapter 553, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:  (If one has been prepared.)  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.

SPECIFIC AUTHORITY:  553.73(3), (6) FS.

LAW IMPLEMENTED:  553.73(3), (6) FS.

A HEARING WILL BE HELD AT THE TIME,  DATE AND PLACE SHOWN BELOW:

TIME AND DATE:  June 26, 2007, 3:30 P.M., or as soon thereafter as the matter comes before the Commission in accordance with its agenda.

PLACE:  Don Shula’s Hotel, 6842 Main Street, Miami Lakes, Florida 33314.

Any person requiring special accommodations at the hearing because of a disability or physical impairment should contact Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850) 487-1824, at least seven days before the date of the workshop.  If you are hearing or speech impaired, please contact the Department of Community Affairs using the Florida Dual Party Relay System, which can be reached at 1(800) 955-8770 (voice) or 1(800) 955-9771 (TDD). 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Ila Jones, Community Program Administrator, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850) 487-1824.

THE FULL TEXT OF THE PROPOSED RULE IS:

     9B-3.050 Statewide Amendments to the Florida Building Code.

     (1) The Florida Building Commission may amend the Florida Building Code once each year for the following purposes The Florida Building Commission may approve technical amendments to the Florida Building Code once each year if it finds that the amendment meets the following criteria:

     (a)   To incorporate its own interpretations of the code which are embodied in its own opinions and declaratory statements Has a reasonable and substantial connection with the health, safety and welfare of the general public.

     (b)  To address emergency issues upon a finding that amendment is necessary to protect the health, safety and welfare of the citizens of Florida 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.

     (c)  To adopt new editions and addenda of referenced standards Does not discriminate against materials, products, methods or systems of construction of demonstrated capabilities.

     (d)  To maintain consistency with federal laws and regulations Does not degrade the effectiveness of the Florida Building Code. Furthermore, the Florida Building Commission may approve technical amendments to the code once each year to incorporate its own interpretations of the code which are embodied in its own opinions and declaratory statements.

     (e)   To maintain consistency with state laws and rules.

     (f)  To maintain coordination with the Florida Fire Prevention Code pursuant to s. 553.73(1)(d) and (3), F.S.    

     (2) through (9)  No change.

Specific Authority 553.73(3), (6) FS.  Law Implemented 553.73(3), (6) FS.  History –New 11-20-01, Amended 6-8-05, 2-28-06,               .

NAME OF PERSON ORIGINATING PROPOSED RULE:  Ila Jones, Community Program Administrator, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850) 487-1824.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:  Janice Browning, Director, Division of Housing and Community Development, Department of Community Affairs.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  February 23, 2007.

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW:  January 12, 2007 and March 9, 2007.