10 STORM & SECURITY PROTECTION / PEOPLE IN THE KNOW 2014
CODE UPDATE
When considering the implementation of a Florida Building
Code three terms must be considered: approval, adoption
and implementation. The Florida Building Code, 5th Edition,
has made it through the first of these. It has been approved
by the Florida Building Commission for some time now and
a draft is available online for viewing (www.floridabuilding.
org). But, for now, that's as far as it has gotten.
While approved, the building code has not been adopt-
ed because of its relationship to the Florida Fire Prevention
Code, which has not been adopted as yet. The Florida Fire
Prevention Code (FFPC) seems to be on track for adoption on
December 31, 2014. Once it's adopted, the Florida Building
Commission will be able to move forward with adopting and
implementing the Florida Building Code, 5th Edition.
Regarding implementation, Florida law requires the
building code to be available for six months after adoption
before implementation. Such a restriction does not exist for
the Florida Fire Prevention Code.
The Building and Fire Codes Link
Initially, the Florida Building and Fire Prevention Codes
were on the same track. Both are required to adopt updates
to their respective base codes when updated and published
by their promulgating organizations—that's the ICC
International Codes for the building code volumes and the
NFPA Fire Prevention and Life Safety Codes for the fire pre-
vention code. But the Florida Building Commission received
requests and agreed to try to accelerate the process to allow
adoption of the base codes for the building code volumes
more quickly.
While this plan worked to get the building code
approved, legal counsel advised the Commission it could
not legally adopt the code until the Florida Fire Prevention
Code is adopted. The reason is the building code volumes
reference the Florida Fire Prevention Code in numerous
locations and the fire prevention code is not through the
adoption process yet. Adopting the fifth edition building
code would be considered unlawful delegation of
legislative authority because the code would be adopting
another document that is not available and could change
before its final adoption.
June Implementation?
So, the question becomes when will the building code
be adopted and implemented? The Commission is poised
to hold the final rule adoption hearing as soon as the fire
prevention code is adopted. The chairman, at the August
meeting of the Commission, alluded to the possibility of
conducting the final hearing via teleconference. Since any
further changes to the code are likely to result in further
delays in implementation, it is not likely any changes will
be considered at that time.
At this juncture, it appears the final rule hearing will be
conducted at the December meeting of the Commission.
Assuming the rule is adopted in December, the six-month
waiting period would allow implementation in June 2015.
There is, of course, no guarantee of an implementation date
as yet, but the next edition does not bring major changes to
the hurricane protection industry in Florida.
Joe Belcher is owner and president of JDB Code Services Inc., and is code
consultant for the International Hurricane Protection Association (IHPA).
Counsel advised the Florida Building Commission it could not legally adopt the code
until the Florida Fire Prevention Code is adopted.
| by Joe Belcher
Where Are the New Codes?
Although approved, the fifth edition of the Florida Building Code
remains to be adopted and implemented. Here's why.
Waiting for the Florida Building Code, 5th Edition?
It could be ready to implement in June 2015.
