2010 Florida Building Code: I nterpretation P rocess O verview

Interpretations, F.S. Binding Interpretations/ Declaratory Statements 2 Processes for resolving disputes regarding interpretation of the Florida Building Code. Training course subjects: Section , Interpretations, Florida Statutes. Training course subjects: Section , Interpretations, Florida Statutes.

Interpretations, F.S. 3 It is the intent of the legislature that the Florida Building Code be interpreted by: Local enforcement agencies, and In a manner that protects the public safety, health, and welfare at a most reasonable cost to consumer. Binding Interpretations/ Declaratory Statements Building Officials The Commission

Interpretations, F.S. Binding Interpretations/ Declaratory Statements 4 (1) By ensuring uniform interpretations throughout the state and (2) by providing processes for resolving disputes regarding interpretations of the Florida Building Code which are just and expeditious.

Interpretations, F.S. are required to interpret the FBC in a manner consistent with Declaratory Statements and interpretation entered by the Commission. Binding Interpretations/ Declaratory Statements 5 Entities charged by F.S. to interpret the FBC:  Local enforcement agencies,  Local building officials,  State agencies, and the  Commission

Interpretations, F.S. Conflicts between the Florida Fire Prevention Code and the Florida Building Code must be resolved in accordance with s (9)(c) and (d). Binding Interpretations/ Declaratory Statements 6

Interpretations, F.S. Binding Interpretations/ Declaratory Statements (9)(c): If the local building official and the local fire official are unable to agree on a resolution of the conflict between the two codes, The local administrative board shall resolve the conflict: In favor of the code which offers: The greatest degree of lifesafety or Alternatives which would provide an equivalent method of construction.

Binding Interpretations/ Declaratory Statements (9)(d): All decisions of local administrative board, or if none exists, the decisions of the local building official and the local fire official, are subject to review by a joint committee composed of members of the Florida Building Commission and the Fire advisory Council. If the joint committee is unable to resolve conflicts between the code as applied to specific project, the matter shall be resolved pursuant to the provisions of paragraph (1)(d): Interpretations, F.S.

553.73(1)(d): Conflicts must be resolved by agreement between the commission and the State Fire Marshal in favor of the requirement that offers the greatest degree of lifesafety or alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction. Binding Interpretations/ Declaratory Statements 9

Interpretations, F.S. If the Commission and the State Fire Marshal are unable to agree on a resolution, the question shall be referred to a mediator, mutually agreeable to both parties, to resolve the conflict in favor of the provision that offers the greatest lifesafety, or alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction. Binding Interpretations/ Declaratory Statements 10

Alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Binding Interpretations/ Declaratory Statements 11

Alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative. Binding Interpretations/ Declaratory Statements 12

Declaring structures Unsafe (3)(d), FS. Local decisions declaring structures to be unsafe and subject to repair or demolition are not subject to review under this section of the law and may not be appealed to the Commission if the local governing body finds find that there is an immediate danger to the health and safety of the public. Binding Interpretations/ Declaratory Statements 13

(5), F.S. Florida Accessibility Code (5) The commission may render declaratory statements in accordance with s relating to the provisions of the Florida Accessibility Code for Building Construction not attributable to the Americans with Disabilities Act Accessibility Guidelines. Notwithstanding the other provisions of this section, the Florida Accessibility Code for Building Construction and chapter 11 of the Florida Building Code may not be interpreted by, and are not subject to review under, any of the procedures specified in this section. This subsection has no effect upon the commission’s authority to waive the Florida Accessibility Code for Building Construction as provided by s History.—s. 9, ch ; s. 5, ch ; s. 8, ch ; s. 5, ch ; s. 14, ch ; s. 35, ch Binding Interpretations/ Declaratory Statements 14

Modifications of waivers, advisory council The Accessibility Advisory Council/Florida Building Commission is authorized to provides for granting individual modifications of, or exception from, the lateral requirements of this part upon determination of unnecessary, unreasonable, or extreme hardship, provided such waivers are not in violation of the Federal access. Law and Regulation. Binding Interpretations/ Declaratory Statements 15

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Binding Interpretations/ Declaratory Statements 17 Overview of Code Resolution Process Legal Documents “C” Purpose Legal Resolution to Code, Rule or Statute relating to questions on a specific case Declaratory Statement DEC Timeline: 90 Days Cost: N/A Specific Process: See Figure “C” Final Product: Legal Document Scope: Binding On the Petitioner Options: Legal Appeal Appeal to 1 st District Court “D” Purpose Appeal Local B.O. Interpretation of the Code to a panel of experts for a Binding Opinion BOAF Binding Interpretation Timeline: 25 Business Days Cost: $250 Specific Process: See Figure “D” Final Product: Legal Document Scope: Binding on Parties and All Jurisdictions Options: Legal Appeal Appeal to Commission via DOAH

Binding Interpretations/ Declaratory Statements 18 Advisory: Path to Resolution A

Binding Interpretations/ Declaratory Statements 19 Advisory: Path to Resolution B

Binding Interpretations/ Declaratory Statements 20 Appeal Process: Path to Resolution C

Binding Interpretations/ Declaratory Statements 21 Appeal Process: Path to Resolution D

? Binding Interpretations/ Declaratory Statements 22 Questions? ? ? ? ? ? ? ? ? Thank You! Please visit for more informationwww.floridabuilding.org Or call Codes and Standards Office –