Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-2 - FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES › Section 61G20-2.002 - Updates and Amendments to the Florida Building Code

Current through Reg. 50, No. 138; July 16, 2024
(1) The Florida Building Commission shall
				update the Florida Building Code triennially in accordance with Section
				553.73(7), F.S.
				When updating the code, the Commission shall review the most current updates to
				the model codes including, but not limited to, the International Building Code,
				the International Fuel Gas Code, the International Existing Building Code, the
				International Mechanical Code, the International Plumbing Code, the
				International Residential Code, the International Energy Conservation Code, and
				the National Electrical Code. The Commission shall also consider its own
				interpretations and declaratory statements, any relevant appellate decisions,
				and local technical amendments. For the purpose of conducting the review of the
				model codes, the following steps will be undertaken:
(a) The Commission shall select the model
				codes that will be used to conduct its review.
(b) Commission staff shall review the model
				codes and identify any provisions which overlap with the provisions of the
				Florida Building Code, correlate directly with the provisions of the Florida
				Building Code, provide for energy efficiency standards that meet or exceed the
				national energy standards mandated by Title III of the Energy Conservation and
				Protection Act, or are necessary to maintain eligibility for federal funding
				and discounts from the National Flood Insurance Program, the Federal Emergency
				Management Agency, or the United States Department of Housing and Urban
				Development, in accordance with Section
				553.73(7),
				F.S.
(c) After the latest updates
				of the model codes are published and the staff review is completed, a complete
				listing of the changes to the model codes will be posted and made available for
				public review and comment on the Building Code Information System (BCIS) for a
				minimum of 45 days prior to review by the Commission's Technical Advisory
				Committees (TACs).
(d) Before
				review by the Commission's TACs, changes affecting residential construction
				shall be reviewed by the Residential Construction Cost Impact Workgroup
				(RCCIWG), and the report of the RCCIWG shall be made available to the
				TACs.
(e) The Commission's TACs
				shall review the model code provisions in their area of expertise for potential
				inclusion in the updated Florida Building Code. Should a model code provision
				overlap in the expertise of multiple TACs, all relevant TACs shall review the
				provision. The TACs shall also review any public comments. The TACs may make
				the following recommendations to the Commission:
1. That the Commission reject certain model
				code provisions by consent agenda. Model code provisions may be recommended for
				rejection due to such issues as being unnecessary, negatively impacting the
				level of public health, safety, or general welfare provided by an existing
				Florida Building Code provision, diminishing the requirements of provisions
				related to wind resistance or water intrusion, unnecessarily imposing
				additional costs, or potentially requiring modification or further
				investigation before being adopted for use in this state.
2. That the Commission approve certain model
				code provisions by consent agenda. When considering whether to recommend
				inclusion on a consent agenda for approval, the TACs shall consider such
				criteria as whether the model code provisions are editorial or organizational
				in nature, correct an error, provide clarification, provide for alternative
				design methods, improve the effectiveness of the code, are uncontroversial to
				affected stakeholders, or are required by law.
3. That the Commission approve or reject
				certain model code provisions after considering them individually. When
				recommending individual consideration of model code updates, the TACs shall
				consider such criteria as whether the update has the potential to impose
				significant costs, cause confusion or regulatory difficulty, may be
				unnecessary, is highly controversial to affected stakeholders, or requires
				further evaluation.
The TACs' recommendations shall be accompanied by a brief
				  explanatory remark, and will be posted on the Commission's
				  website.
(f) After
				the TACs have reviewed the model code provisions and made their recommendations
				pursuant to paragraph (e), the Commission shall meet to determine which model
				code provisions to include in the updated edition of the Florida Building Code.
				Notwithstanding the TACs' recommendations, Commissioners may specify that
				particular provisions on consent agendas be considered individually. After
				Commission approval, all of the approved changes to the Florida Building Code
				will be made available on the Commission's website. The public will then have
				the opportunity to submit amendments to the Florida Building Code and the
				approved changes to the Florida Building Code pursuant to subsection (2) of
				this rule.