Item D9M
C ounty of f Monroe
ELj » °o
E �
BOARD OF COUNTY COMMISSIONERS
/��
Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: D.9
Agenda Item Summary #3822
BULK ITEM: No DEPARTMENT: BOCC District 3
TIME APPROXIMATE: STAFF CONTACT: Carol Schreck (305) 292 -3430
no
AGENDA ITEM WORDING: Discussion and direction to request the County's legislative
delegation seek legislation that would amend the Florida Building Code to authorize local
governments in an area of critical state concern to adopt local amendments regulating the specific
types of roofing materials.
ITEM BACKGROUND: Hurricane Irma struck portions of the Florida Keys as a Category 4
Hurricane on September 10, 2017. In the aftermath, County staff has assessed the condition of
buildings. One significant observation from these inspections is that metal roofs fared far better than
those roofs covered by asphalt shingles.
State law, F.S. 553.73(4)(b)2, limits the ability of local governments to adopt local amendments to
the Florida Building Code that restrict or regulate the use of specific building materials. The limits
imposed by current law have made it impossible for the County to adopt an ordinance requiring the
use of metal or other roofing materials which performed better than other types materials during
Hurricane Irma.
The item seeks the approval of the Board to ask the County's legislative delegation and lobbying
team to introduce and /or support legislation that would provide local governments located in an area
of critical state concern with the authority to regulate by local ordinance the use of certain types of
building materials provided that the local regulations are more stringent that the Florida Building
Code. One example of such language is attached.
PREVIOUS RELEVANT BOCC ACTION: The Board has deferred consideration of an
ordinance to mandate the use of metal roofing materials at its 11/14/17 and 12/13/17 meetings while
staff has attempted to gather sufficient evidence to navigate through the restrictions imposed by F. S.
553.73(4)(b)2.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
Building Materials Proposed Legislative Language 9 January 2018
F.S. 553.73
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
n/a
REVIEWED BY:
Heather Carruthers Skipped
Bob Shillinger Completed
Kathy Peters Completed
Board of County Commissioners Pending
01/09/2018 5:42 PM
01/09/2018 5:43 PM
01/09/2018 5:47 PM
01/17/2018 9:00 AM
Proposed Amendment to F.S. 553.73(5)
New Language Underlined
(5) Notwithstanding subsection (4),
(a) counties and municipalities may adopt by ordinance an administrative or
technical amendment to the Florida Building Code relating to flood resistance in
order to implement the National Flood Insurance Program or incentives.
Specifically, an administrative amendment may assign the duty to enforce all or
portions of flood - related code provisions to the appropriate agencies of the local
government and adopt procedures for variances and exceptions from flood -
related code provisions other than provisions for structures seaward of the
coastal construction control line consistent with the requirements in 44 C.F.R. s.
60.6. A technical amendment is authorized to the extent it is more stringent than
the code. A technical amendment is not subject to the requirements of
subsection (4) and may not be rendered void when the code is updated if the
amendment is adopted for the purpose of participating in the Community Rating
System promulgated pursuant to 42 U.S.C. s. 4022, the amendment had already
been adopted by local ordinance prior to July 1, 2010, or the amendment
requires a design flood elevation above the base flood elevation.
counties and municipalities located within an area of critical state concern may
adopt by ordinance an amendment to the Florida Building Code regulating the
use of specific types of roofing materials. A technical amendment is authorized
to the extent it is more stringent than the code.
Lcl Any amendment adopted pursuant to this subsection shall be transmitted to the
commission within 30 days after being adopted.
553.73. Florid2 Building Code, FL ST § 553.73
Key(Zac Yellow Vlag - NegauveTrcuumni
Mest's Florida Statute-- Annotated I
Title XXXIII. Regulation of Trade, Cornmerce, In
Claaa titer u Id,,,i,,Con�stru,2�n.Stind�i,,d�s
i i, tio
Pe.t
FjO
rid .1 Bun Ca (R jljjo,
N
and Solicitations (Chapters 494-56o)
West's F.S.A. § 553-73
553-73. Florida Building Code
Effective: July 1, 2017
ROOMMMM
(i)(a) 'rhe commis-;-nn shall adopt. It% rule pursuant to as. 120.536(1) and 1 - (}.54, the Florida Building Code which shall
contain or incorporate by reference all laws and rules which pertain to and Lavern the design, construction, erection,
alteration, modification, repair, and demolition of'public and private buildings, structures, and facilities and enforcement of
such laws and rules, except as otherwise provided in this section.
(b) The technical portions of the Florida Accessibility Code for Building Construction shall be contained in their entirely in
the Florida Building Code, The civil rights portion and the technical portions of the accessibility laws of' this state shall
remain as currently provided by law. Any revision or amendments to the Florida Accessibility Code for Building
Construction pursuant to part 11 shall be considered adopted by the commission as pan ofthe Florida Building Code. Neither
the commission nor any local government shall resisc or amend any standard of the Florida Accessibility Code for Building
Construction except as provided for in part 11,
(c) The Florida Fire Prevention Code and the Life Safety Code shall be referenced in the Florida Building Code, but shall be
adopted, modified, revised, or amended, interpreted, and maintained by the Department of Financial Services by rule adopted
pursuant to as. 120,536(1 ) and 120. The Florida Building Commission may not adopt a fire prevention or lifesafety code,
and nothing in the Florida Building Code shall affect the statutory powers, duties, and responsibilities of any fire official or
the Department of Financial Services.
M
LO
Lo
U)
LL
a
4)
E
M
0
M
55 ,73, Florida btu elfin - v7 Code, FIL ST § 553,73
(c) Subject to the provisions of this act, responsibility for enforcement, interpretation, and regulation of the Florida Building
M
Code shall be vested in a specified local board or agency, and tile words "local government" and "local governing body" as
used in this part shall be construed to refer exclusively to such local board or agency,
(3) The LCIIIIIIiSSi011 shall use the International Codes published by the International Code Council, the National Electric
Code (NFIIA 70), or other nationally adopted model codes and standards for updates to the Florida Building Code, 'File
corninksion may approve technical amendments to the code ai provided in subsections (8) and (9), subject to all of the
following condition&
47
(a) *file proposed amendment must have been published on the commission's welesite for a minimum of 45 days and all the
associated documentation must have been made available to any interested party before con. by a technical advisory
committee.
M
(b) in order for a technical advisory committee to make a favorable recommendation to the commission, the proposal muEt rI:
receive a two-thirds vote of the members present at the meeting. At least half of the regular members must be present in order M
to conduct a meeting.
(si
UL:
(c) After the technical advisory committee has considered and recommended approval of' any proposed amendment, the E
proposal must be published an the commission's website for at least 45 days before consideration by the commission.
(d) A 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 the Florida Building Code provisions that 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,
553,73, Florida Building Code, FL ST § 553,73
(b) Local government may, subject 10 the limitations of this meokm adopt amendments 0otile technical provisions of tile
HorN,i Building Code which apply solely within the jurisdiction o[suuhgovernment and which provide for more stringent
requirements than those specified in the Florida BuUdio�Code, not more than once every months. A local gavenmmenimmy
adopt technical amendments that address local needs if,
2. Such additional requirements are not discriminatory against materials, products, or construction t�chniques of
demonstrated capabilitiL!s.
3. Such additional requirements may not introduce a new subject not uddrmu%ed in the Florida Building Code.
&An} x/nen]ment1othe Florida Building Code adopted hyu local gmver mmntpmr�;umt*odhisparagrophmhoUhe effective
only �ni/| the adoption by the oommbsionoy the new edition oYthe Florida Building Code every third year. At Such dme,the
oomnu�-JonshoUnmviewmuuhmnendmeotOmrmoom|xencywidhthmcrikeriuinpmrugmph(0)(u)andudop1muchnmeodmentus
pmt of the Florida Building Code or mmac|nd the amendment. The commission mhmU immediately notify the respective local
government of the mwao(ma|on u[any amendmen\. After receiving such notice, the respective local government may readapt
the rescinded amendment pursuant io the provisions uf this paragraph.
553073, Florida Building Code, FL ST § 553,73
9. An amendment adopted under this paragraph Aiall 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 ofcompliance.
The fiscal impact staWment may not be used as a basis for challenging the amendment for compliance,
(d) A technical amendment to the Florida Building Code related to water conservation practices or design criteria adopted by
to local uovernment pursuant to this subsection is n tu
root rendered void when the code is updated if the technical amendment is
nccessar%, to protect or provide for more efficient uw of water resources as provided in s. '73,621, However, any such
technical amendment carried forward into the next edition of the code pursuant to this paragraph is subJect to review or
modification as provided in this part.
(6) The initial adoption of, and any .:;ubsequent 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 .Mate MinitaUrn buildin code in effect in the permitting
jurisdiction on the date of d application governs the permitted work for the life of the permit and any extension granted to
the permit,
(d) The commission shall further consider the commission's own interpretations, declaratory statement.%, appellate decisions,
and approved state%vide and local technical amendments and shall incorporate such interpretations, statements., decisions, and
S- 3 "Iwida Building Code, FL ST § 553.73
amendments into the updated Florida Building Code only to the extent that they are needed to accommodate the specific
needs of the su-,to. 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 comini5sion,
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 orthe permit and any extension granted to the permit,
(c) A rule updating the Florida Building Code in accordance with this subsection -%hall take efflect no sooner than 6 months
after pub'ication of the updated code, Any amendment to the Florida Building Code which is adopted upon a finding by the
0
commission that the amendment is necessary to protect the public from immediate threat of harm takes effect immediately.
(0 Provi of the Florida Building Code, including those contained in referenced standards and criteria, rolating to wind
resistance or the prevention of water intrusion may not be modified to diminish those. construction rcquirem.-nts; however,
the commission may, subject to conditions in this subsection, modify the provisions to enhance those construction
rcquircment.;.
(a) Conflicts %% ithin the updated code,
(b) Conflicts between the updated code and the Florida Fire Prevention Code adopted pursuant to chaptor 6
(c) Unintended results from the integration of previously adopted amendments with the model code;
(d) Equivalency ofstandards,-
(e) Changes to or inconsistencies with federal or state law; or
LO
LO
(ol
U.:
E
(0 Adoption of an updated edition of the National Electrical Code if the commission Finds that delay of implementing the
updated edition causes undue hardship to stakeholders or otherwise threatens the public health, safety, and welfare.
(9)(a) The commission may approve technical amendments to (lie Florida Building Code once each year per statewide or
regional application upon a rindirr that tire amendment:
\.|s needed in order to accommodate tile specific needs m this state.
2, 1 firs a reasonable and substantial connection with the health, safety, and welfare my the general pub|ic.
I Strengthens or improves the Florida Building Code, min the case ur innovation ornew technology, will provide ^`equivalent
or better products or methods or systems of construction.
4. Does not discriminate against materials, products, methods, ormyaUzrnso[construction of demonstrated capabilities,
5. Does riot degrade the effectiveness of tire Florida Building Code.
The Florida Building Commission may approve tednroa| amendments to the code once each year to incorporate into the
Florida Bui'dbmg Code its own interpretations of the code which are embodied in its opinions, Onm| ordum, declaratory
statements, and in\urpmto( ions ufhuuring officer panels under m.5�U.71 but only tu the extent that tile incorporation o[
interpretations is needed to mudi[y tbo code to accommodate the spmu{Do needs o[1him state. Amendments approved under
this pum�rophuhuUbom�op�odbymimu0or the amendments have been subjected tomuhmmcdon(3).
(b) A proposed amendment mu.;a include a Fiscal impact statement that documents the costs and benefini of the proposed
amendment. Criteria for the fiscal impact statement shall be unta6iikmd by rule by the zommsyion and �6o|| include tile
cF
|cupoz/ to |mco| government relative to unf'oncemmn1. the impact to property and building owners, and the impact to industry, 4)
relative to the cost of' compliance, The amendment nnuu( demonstrate by mv|6omeo or data that the �1m1u`u geographical nJ
jurisdiction exhibits u need |o strengthen the code beyond the needs ocm-iamu|var|u(|anns6dma~mJ6ythe code and why the
proposed amendment applies to this state, M
bymernbemuF the $aKmmy not 6u considered 6y the commission or any technical advisory committee,
(d) Provisions nCthc Florida Building Code, including those contained in referenced standard and criteria, relating Cowind
reskAumoo or the prevention of water |otruoion may not be amended pmsuuut*a this subsection to diminish those construction
requirements-, however, the commission may, subject to conditions in this subsection, amend the provisions toenhance those
construction requirements.
-:jorj-.Ja F�`it fle�,ng Code, L CT
(io) 'rhe following buildings, structures, and facilities are exempt from the Florida Building Code as provided by hov, and
,my further exemptions shall be as determined by the Legislature and provided by lase:
(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.
(c) Mobile or modular structures used as temporary offices, except that the provisions of'part 11 relating to accessibility by
persons with disabilities apply to such monde 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 pi cture CtUre or television production, or any
sound-recording equipment used in such production, on or off the premises.
Family rnausolcurns not exceeding 250 square feet in area which are prefabricated and assembled on site or pre-m;-icinbled
and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete,
o r d B 'Id C o d e, F- L ST G 5 S 3
(k) A building or structure having less than 1,000 square feet which is constructed and owned by a natural person for hunting
and which is repaired or rccon7tructcd to (lie same dimension and condition as existed on January 1 201 1, if the building or
structure'.
1. Is not rented or leased or used as a principal residence,
1 Is not located within the 100-year floodplain according to the Federal Emergency Management A-Pency's current I-load
Insurance Rate Map; and
3. Is not connected to an of fidic electric power or water supply,
353.73, Florida Psuilding Gode, F-1- ST § 55173
cons bjwmation all relevant c|rcumsances. In any case in which thc local administrative board adopts mkema4ivma W tile
decision rendered by the local fire official and tile local bui|din�mODo�\. such alternatives shall provide an equivalent degree
o[|i8:smetyunduncqn(vaientmmthmdufcmngmcdonuathudmcisimnmndmn:d6ythe|mcmimffidm\s.
(c) If the local building official and the local fire official are unable to agree onu resolution o[ the conflict between the
Florida 0uikUn�Code and tire Florida Fire the U���� � the Prevention Code � �u�od� lmcu| administrative board shall omo|ve�econO�tin[bvnruythe code which offers tile greatest degree o[h0omuDcryor alternatives which would provide mn
equivalent domes ofU/emo0ctyan6mncquivu)mntrnmtbodofuunmtrucdon.
(d) All decisions of the hcu| udm{n/grnhe board or, if none exi3ty, the local building official and the local fire Official in
regard hotheupp}/cU|on,enGorcemont,orinterpnet0immm[theFlohdayim:PrevendmmCodc or conflicts between tile Florida
Fire Prevention Code and the Florida 0ui|din��odo,umsuNact tm review hyu joint oomnnn|�uecomposed ofmccn6ermn[the
F|orido Building Commission and [lie Fire Code Advisory CmumcU, It' the joint committee is unable to pcao[vc xmnDio|s
between the codes as applied to it specific project, the matter shall be resolved pursuant to paragraph (1)(6). Decisions of tile
local administrative board related solely tothe Florida Building Code are xu6jmmt tm review esset Sorth in s. 553.773.
(e) The local administrative board shall, 10 the iYcotem extent possible, be composed of members with expertise |n building
(1) All decisions of the local building official and local fire official and all decisions of the odministrmbwxboard shall be in
writing and mhmU 6o binding upon upermun but do not limit tile ouUxOr|g/nFtile State B,m Monhu| or (h� Florida Building
Commission pursuant 0o paragraph (|)(d) and as. 83] 104 said 6 Decisions m[�enwm| application s�mU br indexed by
6uUd{n�on6�rmuod�y�ohonmamdsbuUb�ow�Uob|cf�rmmp�ubondurin� normal business hours.
(14) The general provisions m[tile Florida Building Code for buildings and other structures shall tie[ apply (mcmmmmru|ui
wircless communication tower:; when such general provisions are inconsistent with tile provisions ny the code controlling
radio -,aid television rowers, This mmb�mct|�n is intended in be remedial in nature slid 1mdoriK/existing |om
(|5)&mououcyor local government may not require that existing mechanical equipment located oil ov above tire surface mPa
roof be installed in oump|iunuc oltb the requirements of the Flor Building Code except during rcrooOng when tile
equipment is being nopiuom6 or moved and is not in compliance with the provisions of the Florida Building Coda m|udon to
roof-mounted mechanical units,
(16) The I'lorNuBuiWin� Code must � illumination � �
mnoom m
nounhsbmdou|gnmdNuprowdman6nnmi�amon
average foot-candles o�40 [bm�omd|m� of U�h1 at each desktop. . yub|iu educational �� mu consider mm|mg light-emitting diode
|i�hUno before considering other lighting sources.
(|7)/\ provision oythe Interna Residential Code mboin�Uomundo�6 �r spdo�emmooynot be incorporated into the
Florida Building Code ou adopted 6ythe r1ordo Building Commission and may not 6eadopted as local amendment 10 Nhm
Florida Building Code. This subsection does not prohibit the application of' cost-saving iooendvcs Sor rumidundu> hm
sprinklers that are authorized in Um |n|mrnuUnoa| Rmoidon6u| Code upon u mutual ugr zment between Whn builder and the
code official, This subsection does not apply /ou local government that has u |ao/Mx1|y adopted ordinance relating to firm
uprinWemohich has been im effect since January 1, 20M
(|Q) ]it om|ngle flamihdwmUng,nnokcupo|rismVrequhredfonrungmbmmdmxhm/st systems capable ofmxhoust|ng:
(a) Four hundr cubic feet per rilinut..- or less; or
(b) More then 400 cubic feet per m|nme but no more than 800 cubic feet per minu(e [C there are no gravity vent appliances
within the conditioned living space ofthe structure,
(2U0) The F'oriduQu|dinQ Commission may not:
553," khl
C% fzT
(a) Adopt the 2016 version of the American Society of I feeling, Refrigerating and Air-Conditioning Em Standard
9 A.1 . I
(b) Adopt any provision that requires a door located in the opening between a garage and a single residence to be
equipped with a self device.
weses r. S. A § 553.73, FL ST § 55173
Current through the 2017 First Regular Session and Special "A" Session of the 25th Legislature
zz
U
U
(6
U�
E