NOTICE OF PROPOSED RULEMAKING

DEPARTMENT OF COMMUNITY AFFAIRS

Division of Housing and Community Development

RULE NO.: RULE TITLE:

9B-3.0472 Carbon Monoxide Protection.

PURPOSE AND EFFECT: To provide requirements for carbon monoxide detectors in certain buildings for which application is made for the initial building permit after July 1, 2008.

Requirements for Carbon Monoxide Detection in buildings.

SUMMARY: The rule implements Chapter 2007-181, Laws of Florida and requires that new construction that exhibits certain features include an alarm that will alert any inhabitants to unsafe levels of carbon monoxide. Power for the alarms is required to be the primary power source for the subject building and a battery back-up in the event that the primary power source fails.

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: 553.885(2) FS.

LAW IMPLEMENTED: 553.72, 553.73(2), (3), (7), (9), 553.885(2) FS.

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

DATE AND TIME: August 21, 2007, 1:00 p.m., or as soon thereafter as the matter comes before the Commission pursuant to its agenda.

PLACE: Embassy Suites Tampa – USF; 3705 Spectrum Boulevard, Tampa, Florida 33612-9412

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 7 days before the workshop/meeting by contacting: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)921-2247. 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 RULES IS: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)921-2247.

THE FULL TEXT OF THE PROPOSED RULES IS:

9B-3.0472 Carbon Monoxide Protection.

(1) Definitions: For purposes of this rule, the following definitions shall apply:

(a) CARBON MONOXIDE ALARM. A device for the purpose of detecting carbon monoxide, that produces a distinct audible alarm, and is listed or labeled with the appropriate standard, either ANSI/UL 2034 - 96, Standard for Single and Multiple Station CO Alarms, or UL 2075 - 04, Gas and Vapor Detector Sensor, in accordance with its application.

(b) FOSSIL FUEL. Coal, kerosene, oil, fuel gases, or other petroleum or hydrocarbon product that emits carbon monoxide as a by-product of combustion.

(2) Every building having a fossil-fuel-burning heater or appliance, a fireplace, or an attached garage shall have an operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes.

(3) In new construction, alarms shall receive their primary power from the building wiring when such wiring is served from the local power utility. Such alarms shall have battery back up.

(4) Combination smoke/carbon monoxide alarms shall be listed or labeled by a Nationally Recognized Testing Laboratory.

Specific Authority 553.885(2) FS. Law Implemented 553.72, 553.73(2), (3), (7), (9), 553.885(2) FS. History – New _______________.

NAME OF PERSON ORIGINATING PROPOSED RULES: Mo Madani, Planning Manager, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850) 921-2247.

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

DATE PROPOSED RULES APPROVED BY AGENCY HEAD: June 27, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 8, 2007