Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-2 - FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES › Section 61G20-2.007 - Binding Interpretations of the Florida Building Code, Forms Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1) Petitions for binding interpretations of
				the Florida Building Code shall be made through the Building Code Information
				System on the Internet in accordance with the provisions of Section
				553.775, F.S.
(2) A fee of $250 shall be paid by petitioner
				by credit card or electronic check upon such submission to cover processing
				costs.
(3) The following form is
				adopted for use in conjunction with issuance of a binding interpretation:
				Florida Building Commission, Petition for Binding Interpretation, Form No.
				9N-2.007(1),
				November, 2005 (electronic version).
(4) The petitioner shall print two (2)
				completed petitions for submittal to the enforcement agency that rendered the
				decision that is the subject of the petition. The enforcement agency shall
				stamp each of the petitions submitted with the time and date of receipt, retain
				one copy and return one to the petitioner, who shall retain the stamped
				petition for submittal in the event that receipt of the petition or the time
				thereof become material to the dispute.
(5) Within 5 working days after receipt, the
				local building official shall respond to the petition through the Building Code
				Information System, or in writing, including statements 1) admitting or denying
				the statements contained in the petition, 2) of the interpretation of the
				provisions of the Florida Building Code deemed correct by the local building
				official or jurisdiction, and 3) containing the basis for the interpretation,
				and shall return the petition with his or her response to the petitioner. The
				petitioner may file the petition with the Commission at any time after it is
				returned to him or her, or after 10 days if the local building official has not
				responded. The Commission shall immediately publish the petition online on the
				Building Code Information System, accept online comments from interested
				parties for a period of seven calendar days, and provide copies of the petition
				to a panel. The panel shall conduct proceedings as necessary to resolve the
				issue, considering the petitioner's arguments, the building official's response
				and comments made on the petition, and shall issue an interpretation within 21
				days of the petition's submittal, based either on code language or the intent
				of the code. The 21 days may be waived only upon consent of all parties. The
				interpretation shall be provided to the Commission, which shall post it online
				on the Building Code Information System and in the Florida Administrative
				Register. The interpretation shall be binding to all parties and all
				jurisdictions subject to the code unless it is superseded by a declaratory
				statement issued by the Florida Building Commission or by a final order entered
				after an appeal proceeding conducted. Appeals to interpretations shall be filed
				within 30 days of issuance of an interpretation and shall be conducted in
				accordance with Chapter 120, F.S., and the uniform rules of
				procedure.
(6) The interpretation
				rendered by the panel of building code administrators shall become final upon
				the earlier of the resolution of any appeal of that interpretation before the
				Florida Building Commission or the expiration of the time period in which to
				initiate such appeal.
Rulemaking Authority
					 553.775 FS. Law Implemented
					 553.775(3)(c)
					 FS.
New 2-28-06, Formerly
					 9B-3.055,
					 9N-2.007.