Office of the General Counsel

R. Kathleen Brown-Blake

1940 North Monroe Street, Suite 42

Tallahassee, FL 32399-2202

Phone: 850.488.0062 • Fax: 850.414.6749

 

Ken Lawson, Secretary

 

Rick Scott, Governor


 

 

 

February 5, 2013

 

Ms. Marjorie Holladay, Senior Attorney

The Florida Legislature

Joint Administrative Procedures Committee

680 Pepper Building

111 W. Madison Street

Tallahassee, Florida 32399-1400

 

 

Re:  Rule 61G20-1.002, F.A.C.

 

Dear Ms Holladay:

 

In response to your letter, dated November 14, 2012, the Florida Building Commission submits that it intends to publish a Notice of Change addressing the following amendments:

 

Rulemaking Authority and Law Implemented:

                        The rulemaking authority shall be updated to read “Chapter 2012-13, Section 19, Laws of Florida and to include sections 553.76 and 553.77, F.S. 

 

61G20-1.002(1):                                                                                                                                 The word “Building” following the “Florida Building Code” shall be clarified to read “Building Volume.”  There are nine volumes that comprise the Florida Building Code and directing the public to the appropriate volume is appropriate.

 

                        Section 104.11 of the Florida Building Code shall be incorporated by reference, and an effective date shall be added to the rule language.

 

                        The appropriate materials shall be provided to JAPC with the Notice of Change.

 

61G20-1.002(1)(a):                                                                                                                            

                        Section 1609.1.1 of the Florida Building Code shall be incorporated by reference, and the language “as adopted in Rule 61G20-1.001, F.A.C.,” shall be added to the rule language. The appropriate materials shall be provided to JAPC with the Notice of Change.

 

61G20-1.002(1)(b):                                                                                                                            

                        Section 2002.4, Table 2002.4, and Table 2.002.4A of the Florida Building Code shall be incorporated by reference, and the language “as adopted in Rule 61G20-1.001, F.A.C.,” shall be added to the rule language. The appropriate materials shall be provided to JAPC with the Notice of Change.

 

61G20-1.002(1)(c):                                                                                                                            

                        Section 1605.2 and Section 1605.5.3.1 of the Florida Building Code shall be incorporated by reference, and the language “as adopted in Rule 61G20-1.001, F.A.C.,” shall be added to the rule language. Please note that there is a typographical error in the second reference noted above that is corrected in this section.  The section reference should read 1605.3.1. The appropriate materials shall be provided to JAPC with the Notice of Change.

 

61G20-1.002(3):                                                                                                                                

                        Section 424.2.17 and Section R4101.17.1 of the Florida Building Code shall be incorporated by reference, and the language “as adopted in Rule 61G20-1.001, F.A.C.,” shall be added to the rule language. The appropriate materials shall be provided to JAPC with the Notice of Change.

 

The Commission will not be able to meet the January 2, 2013 deadline to file the rule.  However, the Commission shall proceed as quickly as possible to ensure the rule is enacted appropriately.

 

If you have any questions or need me to elaborate further on any of the above modifications, please call me at 850.717.1244.  Thank you.

 

 

Sincerely,

 

 

 

R. Kathleen Brown-Blake

Assistant General Counsel