2010 Florida Building Code:

Interpretation Process

Overview

553.775 Interpretations, F.S.

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• Processes for resolving disputes regarding interpretation of the Florida Building Code.

• Processes for resolving disputes regarding interpretation of the Florida Building Code.

Training course subjects:

• Section 553.775, Interpretations, Florida Statutes.

Training course subjects:

• Section 553.775, Interpretations, Florida Statutes.

553.775 Interpretations, F.S.

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It is the intent of the legislature that the Florida Building Code be interpreted by:

It is the intent of the legislature that the Florida Building Code be interpreted by:

Local enforcement agencies, and Local enforcement agencies, and

In In a a manner that manner that protects the publicprotects the public safety, health, and safety, health, and welfare at a most reasonable cost to consumerwelfare at a most reasonable cost to consumer. .

In In a a manner that manner that protects the publicprotects the public safety, health, and safety, health, and welfare at a most reasonable cost to consumerwelfare at a most reasonable cost to consumer. .

Binding Interpretations/ Declaratory Statements

Building OfficialsBuilding Officials

The CommissionThe Commission

553.775 Interpretations, F.S.

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(1) By ensuring uniform interpretations throughout the state and

(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.

553.775 Interpretations, F.S.553.775 Interpretations, F.S.

are required to are required to interpret the interpret the FBC in a manner consistent FBC in a manner consistent with with Declaratory Declaratory StatementsStatements and and interpretation interpretation entered by the entered by the Commission.Commission.

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Entities charged by F.S. to interpret the FBC:Local enforcement agencies,Local building officials,Local building officials,

State agencies, and the State agencies, and the

CommissionCommission

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).

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553.775 Interpretations, F.S.

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• 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 lifesafety or Alternatives which would provide an equivalent method of construction.

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• 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):

553.775 Interpretations, F.S.

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 lifesafety or alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction.

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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.

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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 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

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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.

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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 the local governing body finds find that there is an immediate danger to the health and safety of the public.

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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.

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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.

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Overview of Code Resolution Process

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Advisory: Path to Resolution A

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Advisory: Path to Resolution B

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Appeal Process: Path to Resolution C

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Appeal Process: Path to Resolution D

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Questions??? ?

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Thank You!Please visit www.floridabuilding.org for more informationOr call Codes and Standards Office – 850-487-1824