2010 Florida Building Code: I nterpretation P rocess O verview

1. 2010 Florida Building Code:Interpretation Process Overview

2. 553.775 Interpretations, F.S. • Training course subjects: • Section 553.775, Interpretations, Florida Statutes. • Processes for resolving disputes regarding interpretation of the Florida Building Code. Binding Interpretations/ Declaratory Statements

3. 553.775 Interpretations, F.S. It is the intent of the legislaturethat the Florida Building Code be interpreted by: In a manner that protects the publicsafety, health, and welfare at a most reasonable cost to consumer. Building Officials Local enforcement agencies, and The Commission Binding Interpretations/ Declaratory Statements

4. 553.775 Interpretations, F.S. (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. Binding Interpretations/ Declaratory Statements

5. 553.775 Interpretations, F.S. • Entities charged by F.S. to interpret the FBC: • Local enforcement agencies, are required to interpret the FBC in a manner consistent with Declaratory Statements and interpretation entered by the Commission. • Local building officials, • State agencies, and the • Commission Binding Interpretations/ Declaratory Statements

6. 553.775 Interpretations, F.S. • Conflicts between the Florida Fire Prevention Code and the Florida Building Code must be resolved in accordance with s. 553.73(9)(c) and (d). Binding Interpretations/ Declaratory Statements

7. 553.775 Interpretations, F.S. • 553.73(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 lifesafetyor Alternatives which would provide an equivalent method of construction. Binding Interpretations/ Declaratory Statements

8. 553.775 Interpretations, F.S. • 553.73(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): Binding Interpretations/ Declaratory Statements

9. 553.775 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 lifesafetyor alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction. Binding Interpretations/ Declaratory Statements

10. 553.775 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

11. Alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction. • 104.11 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 prohibitany 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

12. Alternatives that would provide an equivalent degree of lifesafetyand 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

13. Declaring structures Unsafe553.775(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 thelocal governing body finds find that there is an immediate danger to the health and safety of the public. Binding Interpretations/ Declaratory Statements

14. 553.775(5), F.S. Florida Accessibility Code • (5) The commission may render declaratory statements in accordance with s. 120.565 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. 553.512. • History.—s. 9, ch. 2005-147; s. 5, ch. 2006-65; s. 8, ch. 2007-1; s. 5, ch. 2007-187; s. 14, ch. 2008-191; s. 35, ch.2010-176. Binding Interpretations/ Declaratory Statements

15. 553.512 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

16. Binding Interpretations/ Declaratory Statements

17. Overview of Code Resolution Process 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 www.floridabuilding.org for more information Or call Codes and Standards Office – 850-487-1824 ? Binding Interpretations/ Declaratory Statements