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Board discusses local amendments to Florida Building Code under Fla. Stat. 553.73
Summary
Board members reviewed Fla. Stat. §553.73 and discussed the criteria and limits for adopting local technical amendments to the Florida Building Code, including transmission and public-hearing requirements and the triannual review by the Florida Building Commission. No motion to adopt amendments was made.
Board members discussed potential local amendments to the Florida Building Code under Florida Statute section 553.73 during the Oct. 15 meeting, focusing on when the city may adopt technical amendments, required findings and limitations, and how state law constrains local authority.
One board member requested the item for discussion and said certain local adjustments could help resolve conflicts between the building code and local zoning rules. The board’s building official (city staff) read and summarized Fla. Stat. §553.73, explaining several points: local governments may adopt technical amendments only if they are more stringent than the state minimum and only after a public hearing advertised at least 10 days in a newspaper of general circulation; the local governing body must base the amendment on a review of local conditions and demonstrate with evidence or data that the jurisdiction has a specific local need; adopted local technical amendments must be transmitted to the Florida Building Commission within 30 days after enactment; and local amendments are not effective until 30 days after the commission receives and publishes them.
The building official also explained that local technical amendments remain effective until the next triannual edition of the Florida Building Code; at that time the commission may adopt or rescind local amendments, and a rescinded amendment may be readopted locally under the statute. A board member noted that Tampa has used a local administrative amendment to align an internal chapter of its ordinances with the building code as an example the board might consider.
Members discussed an example: the Florida Building Code does not limit encroachments into the right-of-way above 15 feet; zoning could regulate that, but a local technical amendment might be used to resolve conflicts. Several members cautioned that Senate Bill 180 restricts local governments from adopting requirements that increase burden or cost until the bill’s expiration; the transcript records the board noting an expiration date of Oct. 1, 2027, for that bill.
No formal motion to pursue a specific local amendment was made at this meeting. Board members asked staff questions about the process and agreed the next step would be to consult with the Florida Building Commission or other state authorities if the board decides to draft a proposed local amendment for consideration.
No public speakers had signed up to speak on this agenda item.
