Notice of
Proposed Rule
DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION
RULE NO.: RULE
TITLE:
61G20-1.001 Florida
Building Code Adopted
PURPOSE AND EFFECT: To adopt
the 6th Edition Florida Building Code (2017) to address the statutorily
required triennial update.
SUMMARY: This rule amendment
represents the Section 553.73(7)(a), F.S., triennial
update process. The Florida Building Commission (Commission) has reviewed local
amendments to the Code and proposals for modifying the Code and has approved
for adoption the 6th Edition, Florida Building Code (2017), which incorporates
those proposed modifications which received at least a 75% supermajority vote
of the Commission, as well as amendments and modifications previously adopted
and required by law to be carried forward into the next edition of the Code.
The Commission intends to update the Florida Building Code by amending the
language of Rule 61G20-1.001, F.A.C. to incorporate the 6th Edition, Florida
Building Code (2017) by reference. The proposed Code is published and available
for review via link on the Commission website, www.floridabuilding.org and at
codes.iccsafe.org/public/collections/FL.
SUMMARY OF STATEMENT OF
ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined
that this will have an adverse impact on small business or likely increase
directly or indirectly regulatory costs in excess of $200,000 in the aggregate
within one year after the implementation of the rule. A SERC has been prepared
by the Agency.
The following is a Summary of
the Statement of Estimated Regulatory Costs:
• The rule is 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 rule.
• The rule is 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 rule.
• The rule is likely to
directly or indirectly 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 rule 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 189,203.
• The agency will not incur
any costs for implementing or enforcing the proposed rule.
• The cost to any other state
and local government entities of implementing the proposed rule is
indeterminate.
• The total estimated costs
to the individuals and entities that are required to comply with the rule in a
5 year period is in excess of $1 million in the aggregate within 5 years after
the implementation of the rule.
• The estimated number of
small businesses that would be subject to the rule is greater than 5,000.
• There are small counties or
small cities that will be impacted by the rule.
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 sections 120.541(4) and 120.80(16), Florida Statutes.
Any person who wishes to
provide information regarding a statement of estimated regulatory costs, or
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: 399.031,
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, Section 37, Chapter 2016-129, Laws of Florida.
A HEARING WILL BE HELD AT THE
DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 13, 2017,
8:30 a.m. or as soon as thereafter as the matter comes before the Florida Building
Commission in accordance with its agenda.
PLACE: The Shores Resort and
Spa, 2637 South Atlantic Avenue, Daytona Beach Shores, Florida 32118.
Pursuant to the provisions of
the Americans with Disabilities Act, any person requiring special accommodations
to participate in this workshop/meeting is asked to advise the agency at least
10 days before the workshop/meeting by contacting: Barbara Bryant, Department
of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee,
Florida 32399-0772, (850)717-1838.. If you are hearing
or speech impaired, please contact the agency using the Florida Relay Service,
1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED
REGARDING THE PROPOSED RULE IS: Mo Madani, Department of Business and
Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida
32399-0772, (850)717-1825
THE FULL TEXT OF THE PROPOSED
RULE IS:
61G20-1.001
Florida Building
Code Adopted
(1) The 6th Edition Florida Building Code, (2017)
5th Edition (2014), as updated by the Florida Building Commission on April
4, 2017 and May 12, 2017 November 13, 2014, and modified by the Florida
Building Commission on June 8, 2016, and October 13, 2016, incorporated herein by
reference is hereby adopted as the building code for the State of Florida.
(2) through (3) No change.
Rulemaking
Authority 553.73(1), (7) FS.
Law Implemented 399.031, 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, Sections 10, 11,
14, 17, 19, 23, 24, 25, 26, 32, 33, 34, 35, 36, 37, 39, Chapter 2016-129, Laws
of Florida, Chapter 2016-211, 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, 6-30-15, 12-21-16,
.
NAME OF PERSON ORIGINATING
PROPOSED RULE: Florida Building Commission
NAME OF AGENCY HEAD WHO
APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED RULE APPROVED
BY AGENCY HEAD: May 12, 2017
DATE NOTICE OF PROPOSED RULE
DEVELOPMENT PUBLISHED IN FAR: December 27, 2016