Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-2 - FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES › Section 61G20-2.003 - Local Amendments to the Florida Building Code

Current through Reg. 50, No. 138; July 16, 2024
(1) Local governments may adopt amendments to
				the Florida Building Code which meet the requirements of Section
				553.73(4)(b),
				F.S.
(2) Within 30 days of adopting
				a local amendment, the local government shall transmit each amendment to the
				Commission utilizing the Building Code Information System available at
www.floridabuilding.org
. The
				Commission shall publish each such amendment on the Building Code Information
				System for access by the public.
(3) The Commission may review local
				amendments and issue nonbinding recommendations to the local government
				regarding the compliance of such amendments with the requirements of Section
				553.73(4), F.S.
				For purposes of this review, each amendment shall be considered first by the
				applicable Technical Advisory Committee which shall make a recommendation to
				the Commission regarding the compliance of the amendment with the applicable
				criteria. The nonbinding recommendation shall be issued in writing to the local
				government and shall be issued to the local government within thirty (30) days
				of the conclusion of the Commission meeting at which the recommendation is
				approved.
(4) Form for Petition for
				Nonbinding Advisory Opinion, Form #
				61G20-2.003 NBAO, effective
				April 2022, is incorporated by reference and adopted for use by persons seeking
				a nonbinding advisory opinion about whether a local government regulation, law,
				ordinance, policy, amendment, or land use or zoning provision constitutes a
				technical amendment to the Florida Building Code, pursuant to Section
				553.73(4)(l),
				F.S. The form is available on the internet at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14047
and
https://floridabuilding.org/
.
(5) When triennially updating the Florida
				Building Code, the Commission shall review each locally adopted amendment and
				determine whether the amendment meets the criteria listed in Section
				553.73(9)(a),
				F.S. For purposes of such determination, each amendment shall be referred to
				the applicable Technical Advisory Committee for review and recommendation to
				the full Commission. If the Commission determines that the amendment meets the
				criteria, the Commission may adopt the amendment into the Florida Building Code
				following the procedures established in subsections
				61G20-2.002(3)
				-(8), F.A.C. If the Commission determines that the amendment does not meet the
				criteria, the Commission shall rescind the amendment. Rescissions shall be in
				writing with written findings and shall be transmitted to the local government
				within 30 days of the conclusion of the meeting at which the Commission's
				decision is voted upon.
Rulemaking Authority
					 553.73(4), (5)
					 FS. Law Implemented 553.73(4), (5)
					 FS.
New 11-20-01, Formerly
					 9B-3.051,
					 9N-2.003, Amended
					 4-14-22.