28213437, 61G20ER24-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 28213437

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Florida Building Commission

Overview

RULE:

61G20ER24-1

Effective Date for Building Sewer and Drain Rehabilitation Requirements

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Commission finds that the request to delay the implementation of section 718, Florida Building Code, Plumbing, 8th Edition (2023), itself holds the proof of a danger to the health, safety, and welfare of the public. The Commission finds that there is an economic impact to homeowners, who may experience increased costs and decreased access to services without this emergency rule, as demonstrated in testimony presented to the Commission on December 28, 2023, and on February 13, 2024. As explained in the request, the adoption of the provisions at issue would unnecessarily limit the materials and methods that may be used for the rehabilitation of building sewer and drains to proprietary ones owned by one entity. The Commission finds that there is a need to allow for the utilization of other means of rehabilitating building sewer and drains. 
The Commission has identified that there is a demonstrated need for more time to complete rulemaking for this issue and correct it, and that there is insufficient time to do so through the standard rulemaking process prior to the expiration of Emergency Rule 61G20ER23-3. The Commission’s Plumbing Technical Advisory Committee met on February 21, 2024, and provided recommended rule language to address the issue. The Commission anticipates approving proposed rule language at its plenary meeting on April 16, 2024.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Commission provided substantial notice to the public regarding the emergency rulemaking. The Commission noticed its February 13, 2024, meeting on January 25, 2024, in the Florida Administrative Register. The agenda for the meeting stated that the Commission would consider whether to extend the effects of Emergency Rule 61G20ER23-3. During the February 13, 2024, meeting, the Commission accepted further testimony and public comment regarding the proposed emergency rule. The rule's limited scope and the exigent circumstances presented to the Commission mitigate any perceived shortcomings related to notice. The emergency rule is a minimal procedural administrative change that does not prohibit anyone from voluntarily utilizing the new standards. The emergency rule only has a permissive effect that permits additional activities under the 8th Edition of the Florida Building Code. It is necessary to address this issue as an emergency rule because the subject provisions will go into effect upon the expiration of the prior emergency rule, and it is not possible to complete traditional rulemaking before the expiration of that emergency rule.

SUMMARY:

The emergency rule delays the effective date for building sewer and drain rehabilitation requirements.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Mo Madani, Building Codes and Standards Office, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772, or call (850)487-1825.

PRINT PUBLISH DATE:

3/29/2024 Vol. 50/63

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=61G20ER24-1&PDate=3/29/2024&Section=4

REFERENCE MATERIALS:

No reference(s).

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