Fla. Admin. Code Ann. R. 61G20-2.003 - Local Amendments to the Florida Building Code

(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.

Notes

Fla. Admin. Code Ann. R. 61G20-2.003

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 by Florida Register Volume 48, Number 061, March 29, 2022 effective 4/14/2022.

New 11-20-01, Formerly 9B-3.051, 9N-2.003, Amended 4-14-22.