To All Interested
Parties:
Re: The 2010 Florida Building Code and Upcoming Meetings
Effective date and educational materials:
This is a reminder that the effective date, March 15, 2012, for the 2010
Florida Building Code is fast approaching. Also, in order to facilitate
your review of the new code, staff has posted on the following link a number of
documents which provide educational information on various subjects of the
code. Please take some time to review the materials and share them with
your co-workers and local interest groups.
http://www.floridabuilding.org/fbc/thecode/resources.htm
Accessibility Code Compliance date:
The 2012 Florida Accessibility Code is not yet certified by the US Department
of Justice as “substantially equivalent” to the federal ADA Standards for
Accessible Design.
The 2012 Florida Accessibility Code “the Code” was redeveloped based on the new
federal ADA Standards for Accessible Design adopted by DOJ, September 15, 2010.
While Florida’s earlier codes were certified they were determined to be
substantially equivalent to the 1991 version of the federal standards. The
analysis and determination must be based on the 2010 ADA Standards before DOJ
certification can be achieved.
Note that while it is always a building owners’ responsibility to comply with
the ADA Standards for Accessible Design, compliance with a certified state or
local accessibility code provides a presumption of compliance with the ADA
Standards. During the interim period while the 2012 Florida Accessibility
Code is being evaluated it is particularly important that owners and designers
ensure compliance with both the Code and the 2010 ADA Standards.
One of the significant points to consider is the trigger for compliance with
the 2010 ADA Standards.
For Title II, public entities, the determination of
when the 2010 ADA Standards must be followed is based on initiation of
construction.
For Title III, private entities, the determination of
when the 2010 ADA Standards must be followed is based on; the date the last
application for a building permit or permit extension is certified to be complete
by a building department, or; the date the last application for a building
permit or permit extension is received by a building department, or; where no
permit is required the date of physical construction or alteration.
For more information regarding the 2010 ADA Standards, please visit the
following link:
http://www.ada.gov/
Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
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