HomeMy WebLinkAbout2005 02 14 Informational 303 Ad Hoc Committee Created By Central Florida Division of Building Officials
COMMISSION AGENDA
ITEM 303
CONSENT
INFORMATIONAL X
PUBLIC HEARING
REGULAR
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February 14,2005
Meeting
Authorization
REQUEST: Community Development Department - Building Division advising the City
Commission that staff will be joining and participate in the Ad Hoc committee
created by the Central Florida division of the Building Officials Association of
Florida to review building waterproofing.
PURPOSE: The purpose of this Agenda Item is to advise the City Commission of staff activities
relative to weatherproofing of dwellings.
CONSIDERATIONS:
1. The Florida Building Code allows technical amendments to the building code if they meet an
arduous process for adoption. [See attached documentation FSS
553. 73( 4)(a),(b )(1,2,3,4,5,6,7,8,9,10)( c)].
2. On July 1st, 2005 there will be a new code taking effect in Florida. This new code will use as a ba
code a different code than has been used in Florida since codes have been adopted.
3. Many different interest groups have performed investigations into this problem, As you can imagi1
the findings vary from group to group. All the data from forensic investigations is just now being
made available and it will take time to evaluate this information.
4, In March 2005, the Florida Building Commission will review the need for dwelling waterproofing
and determine if it is a statewide issue or local issue. Statewide issues are prohibited per the
attached statute from local amendments.
Staff believes participation in this committee will help us draw up our ordinance dealing with water
intrusion in dwellings. Also, by participating in this committee we will have access to many resources not
normally open to smaller municipalities.
ATTACHMENTS:
FSS 553.73 is attached which delineates the process that is to be followed for local
ordinances exceeding the building code requirements.
COMMISSION ACTION:
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with the intent of s. 515.23. Technical provisions to be contained within the Florida Building Code
are restricted to requirements related to the types of materials used and construction methods and
standards employed in order to meet criteria specified in the Florida Building Code. Provisions
relating to the personnel, supervision or training of personnel, or any other professional
qualification requirements relating to contractors or their workforce may not be included within
the Florida Building Code, and subsections (4), (5), (6), and (7) are not to be construed to allow the
inclusion of such provisions within the Florida Building Code by amendment. This restriction applies
to both initial development and amendment of the Florida Building Code.
(3) The commission shall select from available national or international model building codes, or
other available building codes and standards currently recognized by the laws of this state, to form
the foundation for the Florida Building Code. The commission may modify the selected model codes
and standards as needed to accommodate the specific needs of this state. Standards or criteria
referenced by the selected model codes shall be similarly incorporated by reference. If a
referenced standard or criterion requires amplification or modification to be appropriate for use in
this state, only the amplification or modification shall be specifically set forth in the Florida
Building Code. The Florida Building Commission may approve technical amendments to the code
after the amendments have been subject to the following conditions:
(a) The proposed amendment has been published on the commission's website for a minimum of 45
days and all the associated documentation has been made available to any interested party before
any consideration by any Technical Advisory Committee;
(b) In order for a Technical Advisory Committee to make a favorable recommendation to the
commission, the proposal must receive a three-fourths vote of the members present at the
Technical Advisory Committee meeting and at least half of the regular members must be present in
order to conduct a meeting;
(c) After Technical Advisory Committee consideration and a recommendation for approval of any
proposed amendment, the proposal must be published on the commission's website for not less
than 45 days before any consideration by the commission; and
(d) Any proposal may be modified by the commission based on public testimony and evidence from
a public hearing held in accordance with chapter 120.
The commission shall incorporate within sections of the Florida Building Code provisions which
address regional and local concerns and variations. The commission shall make every effort to
minimize conflicts between the Florida Building Code, the Florida Fire Prevention Code, and the
Life Safety Code.
(4)(a) All entities authorized to enforce the Florida Building Code pursuant to s. 553.80 shall \.
comply with applicable standards for issuance of mandatory certificates of occupancy, minimum
types of inspections, and procedures for plans review and inspections as established by the
commission by rule. Local governments may adopt amendments to the administrative provisions of
the Florida Building Code, subject to the limitations of this paragraph. Local amendments shall be
more stringent than the minimum standards described herein and shall be transmitted to the
commission within 30 days after enactment. The local government shall make such amendments
available to the general public in a usable format. The State Fire Marshal is responsible for
establishing the standards and procedures required in this paragraph for governmental entities with
respect to applying the Florida Fire Prevention Code and the Life Safety Code.
(b) Local governments may, subject to the limitations of this section, adopt amendments to the
technical provisions of the Florida Building Code wl2i<:happly solely witbi~_~e jud~J:!Lc~(,)!J of such
government and which provide for more stringent requirements than those specified in the Florida
Building Code, not more than once every 6 months. A local government may adopt technical
amendments that address local needs if:
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1. The local governing body determines, following a public hearing which has been advertised in a
newspaper of general circulation at least 10 days before the hearing, that there is a need to
strengthen the requirements of the Florida Building Code. The determination must be based upon a
review of local conditions by the local governing body, which review demonstrates by evidence or
data that the geographical jurisdiction governed by the local governing body exhibits a local need
to strengthen the Florida Building Code beyond the needs or regional variation addressed by the
Florida Building Code, that the local need is addressed by the proposed local amendment, and that
the amendment is no more stringent than necessary to address the local need.
2. Such additional requirements are not discriminatory against materials, products, or construction
techniques of demonstrated capabilities.
3. Such additional requirements may not introduce a new subject not addressed in the Florida
Building Code.
4. The enforcing agency shall make readily available, in a usable format, all amendments adopted
pursuant to this section.
5. Any amendment to the Florida Building Code shall be transmitted within 30 days by the
adopting local government to the commission. The commission shall maintain copies of all such
amendments in a format that is usable and obtainable by the public. Local technical amendments
shall not become effective until 30 days after the amendment has been received and published by
the commission.
6. Any amendment to the Florida Building Code adopted by a local government pursuant to this
paragraph shall be effective only until the adoption by the commission of the new edition of the
Florida Building Code every third year. At such time, the commission shall review such amendment
for consistency with the criteria in paragraph (7)(a) and adopt such amendment as part of the
Florida Building Code or rescind the amendment. The commission shall immediately notify the
respective local government of the rescission of any amendment. After receiving such notice, the
respective local government may readopt the rescinded amendment pursuant to the provisions of
this paragraph.
7. Each county and munidpality desiring to make local technical amendments to the Florida /- )
Building Code shall by interlocal agreement establish a countywide compliance review board ~ \...1S04.f
review any amendment to the Florida Building CodeL.adopted by a local government within the
county pursuant to this paragraph, that is challenged by any substantially affected party for
purposes of determining the amendment's compliance with this paragraph. If challenged, the local
technical amendments shall not become effective until time for filing an appeal pursuant to
subparagraph 8. has expired or, if there is an appeal, until the commission issues its final order
determining the adopted amendment is in compliance with this subsection.
8. If the compliance review board determines such amendment is not in compliance with this
paragraph, the compliance review board shall notify such local government of the noncompliance
and that the amendment is invalid and unenforceable until the local government corrects the
amendment to bring it into compliance. The local government may appeal the decision of the
compliance review board to the commission. If the compliance review board determines such
amendment to be in compliance with this paragraph, any substantially affected party may appeal
such determination to the commission. Any such appeal shall be filed with the commission within
14 days of the board's written determination. The commission shall promptly refer the appeal to
the Division of Administrative Hearings for the assignment of an administrative law judge. The
administrative law judge shall conduct the required hearing within 30 days, and shall enter a
recommended order within 30 days of the conclusion of such hearing. The commission shall enter a
final order within 30 days thereafter. The provisions of chapter 120 and the uniform rules of
procedure shall apply to such proceedings. The local government adopting the amendment that is
subject to challenge has the burden of proving that the amendment complies with this paragraph in
proceedings before the compliance review board and the commission, as applicable. Actions of the
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commission are subject to judicial review pursuant to s. 120.68. The compliance review board shall
determine whether its decisions apply to a respective local jurisdiction or apply countywide.
9. An amendment adopted under this paragraph shall include a fiscal impact statement which
documents the costs and benefits of the proposed amendment. Criteria for the fiscal impact
statement shall include the impact to local government relative to enforcement, the impact to
property and building owners, as well as to industry, relative to the cost of compliance. The fiscal
impact statement may not be used as a basis for challenging the amendment for compliance.
10. In addition to subparagraphs 7. and 9., the commission may review any amendments adopted
pursuant to this subsection and make nonbinding recommendations related to compliance of such
amendments with this subsection.
(c) Any amendment adopted by a local enforcing agency pursuant to this subsection shall not apply
to state or school district owned buildings, manufactured buildings or factory-built school buildings
approved by the commission, or prototype buildings approved pursuant to s. 551.1Z(5). The
respective responsible entities shall consider the physical performance parameters substantiating
such amendments when designing, specifying, and constructing such exempt buildings.
(5) The initial adoption of, and any subsequent update or amendment to, the Florida Building Code
by the commission is deemed adopted for use statewide without adoptions by local government.
For a building permit for which an application is submitted prior to the effective date of the
Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on
the date of the application governs the permitted work for the life of the permit and any extension
granted to the permit.
(6) The commission, by rule adopted pursuant to ss. 120.536(1) and 120.54, shall update the
Florida Building Code every 3 years. When updating the Florida Building Code, the commission shall
consider changes made by the adopting entity of any selected model code for any model code
incorporated into the Florida Building Code, and may subsequently adopt the new edition or
successor of the model code or any part of such code, no sooner than 6 months after such model
code has been adopted by the adopting organization, which may then be modified for this state as
prOVided in this section, and shall further consider the commission's own interpretations,
declaratory statements, appellate decisions, and approved statewide and local technical
amendments. A change made by an institute or standards organization to any standard or criterion
that is adopted by reference in the Florida Building Code does not become effective statewide until
it has been adopted by the commission. Furthermore, the edition of the Florida Building Code
which is in effect on the date of application for any permit authorized by the code governs the
permitted work for the life of the permit and any extension granted to the permit. Any amendment
to the Florida Building Code which is adopted upon a finding by the commission that the
amendment is necessary to protect the public from immediate threat of harm takes effect
immediately.
(7)(a) The commission may approve technical amendments to the Florida Building Code once each
year for statewide or regional application upon a finding that the amendment:
1. Has a reasonable and substantial connection with the health, safety, and welfare of the general
public.
2. Strengthens or improves the Florida Building Code, or in the case of innovation or new
technology, will provide equivalent or better products or methods or systems of construction.
3. Does not discriminate against materials, products, methods, or systems of construction of
demonstrated capabilities.
4. Does not degrade the effectiveness of the Florida Building Code.
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Furthermore, the Florida Building Commission may approve technical amendments to the code
once each year to incorporate into the Florida Building Code its own interpretations of the code
which are embodied in its opinions and declaratory statements. Amendments approved under this
paragraph shall be adopted by rule pursuant to ss. 120.536(1) and 120.54, after the amendments
have been subjected to the provisions of subsection (3).
(b) A proposed amendment shall include a fiscal impact statement which documents the costs and
benefits of the proposed amendment. Criteria for the fiscal impact statement shall be established
by rule by the commission and shall include the impact to local government relative to
enforcement, the impact to property and building owners, as well as to industry, relative to the
cost of compliance.
(c) The commission may not approve any proposed amendment that does not accurately and
completely address all requirements for amendment which are set forth in this section.
(8) The following buildings, structures, and facilities are exempt from the Florida Building Code as
provided by law, and any further exemptions shall be as determined by the Legislature and
provided by law:
(a) Buildings and structures specifically regulated and preempted by the Federal Government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of part II
relating to accessibility by persons with disabilities shall apply to such mobile or modular
structures.
(f) Those structures or facilities of electric utilities, as defined in s. 366.02, which are directly
involved in the generation, transmission, or distribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercial motion picture or television
production, or any sound-recording equipment used in such production, on or off the premises.
(h) Storage sheds that are not designed for human habitation and that have a floor area of 720
square feet or less are not required to comply with the mandatory wind-borne-debris-impact
standards of the Florida Building Code.
(i) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a
thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any
electrical, plumbing, or other nonwood features.
With the exception of paragraphs (a), (b), (c), and (f), in order to preserve the health, safety, and
welfare of the public, the Florida Building Commission may, by rule adopted pursuant to chapter
120, provide for exceptions to the broad categories of buildings exempted in this section, including
exceptions for application of specific sections of the code or standards adopted therein. The
Department of Agriculture and Consumer Services shall have exclusive authority to adopt by rule,
pursuant to chapter 120, exceptions to nonresidential farm buildings exempted in paragraph (c)
when reasonably necessary to preserve public health, safety, and welfare. The exceptions must be
based upon specific criteria, such as under-roof floor area, aggregate electrical service capacity,
HVAC system capacity, or other building requirements. Further, the commission may recommend to
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