Archive / History of Declarory Statements

• 2007 Building Code - Declaratory Statements
  
  Previous versions
• 2004/2001 Building Code - Declaratory Statements
• Q&A Derived from Dec Statements issued on the 2004 FBC

This page uses Adobe Acrobat Reader

How to Request a Declaratory Statement

See below and click on the following links to read about the use and purpose of Declaratory Statements. The second page of the Uniform Rules for Declaratory Statements shows instructions for how to properly fill out each section of the Petition.

• Petition for Declaratory Statements

• Florida Administrative Code - Uniform Rules for Declaratory Statements: Chapter 28-105

Requests for Declaratory Statements

Commission Draft Responses for Public Comment will be finalized at the next Commission Meeting. All Proposed Commission Actions contain Staff Analysis, Committee Recommendations and Commission Drafts

Mail Request for Declaratory Statement (Hard Copy) To:

Mo Madani, 2555 Shumard Oak Blvd., Tallahassee, FL 32399

CD Copy Requested, but NOT Required

Please submit an electronic copy of the Declaratory Statement and associated documents, in addition to a hard copy. Although not currently required by the rule, electronic filing will facilitate the Commission's movement toward utilizing CD technology to review at the meetings. Failure to submit electronically will NOT have any bearing on whether the petition is heard by the Commission.

What is a Declaratory Statement?

A declaratory statement is the administrative process by which the commission resolves controversy or answers questions concerning the applicability of a statute, rule, or order, to a particular situation.

Interpretations Process

Dec Statement Process Diagram (PDF)

Commission Declaratory Statement Process

1) Review of Petition - Appropriate TAC or POC and legal staff review, including consideration of public comment, and recommendation to the Building Commission.

2) First Hearing - Commission Review and Proposed Action - Recommendation by TAC/POC or legal staff, Commission questions, and public comment, i.e., petitioner's rationale/comments, general public comment, and petitioner's response to posted public comment. The next segment includes questions from the Commission members (through the Chair), with motion and second on the petition for proposed action. Finally, a discussion by the Commission only, followed by a Commission vote for proposed action to be considered at the Commission's next plenary meeting. The Chair may refer back to TAC/POC for additional review and recommendations at the next Commission meeting.

3) Second Hearing - Commission Action on Petition - Commission review of the previous proposed action, additional public comment, motion and second on the petition, discussion by Commission only, and final vote/action by the Commission on the motion.