What Are Florida Building Code Declaratory Statements And Where Can I Find And Submit Them?

About Florida Declaratory Statements

Binding Florida Code Interpretations

As in other states, Florida’s Building Code is published on a regular cycle.

In Florida, besides petitions for code changes, there are questions asked to the state for clarifications to unclear sections or new issues that may arise.

Those are called Declaratory Statements, which can be searched by clicking here. You can also search for approved local building code amendments using that link.

That search only includes approved declaratory statements.  To see current statements that are reviewed by the building commission, they are only published on their current and past agendas which can be found by clicking here

These are legally binding rules set forth by the state to clarify questions.

About Florida Declaratory Statements
Example of a Florida Declaratory Statement
Example of a Florida Declaratory Statement. Click the image to see it online.

Non-Binding Code Interpretations

You can also ask the state for a non-binding advisory opinion on a topic if you feel a declaratory statement isn’t the right fit.  To do that, see this page.

There’s also a ‘non binding’ format for questions and answers that are published through the BOAF (Building Officials Association of Florida) which can be searched by clicking here.  These are typically of the consensus of building departments but not legally binding.

How to submit a request for a binding declaratory statement with the Florida Building Commission

To submit a request for a binding declaratory statement with the Florida Building Commission, follow the below steps.

The statement needs to be in an approved format which can be found by viewing other approved statements.  Click here for more information.

To submit a declaratory statement petition to the State of Florida, follow these steps:

Prepare Your Petition:

    • > Title your document as “Petition for Declaratory Statement before the Florida Building Commission.”

    • > Include your name, address, telephone number, and fax number. If you have an attorney, include their contact information as well.

    • > Specify the statutory provision, Florida Building Code provision, commission rule, or order you are seeking an interpretation for.

    • > Describe how the statute, rule, or order affects you in your particular circumstances.

    • Sign and date your petition.

Submit Your Petition:

Review Process:

Once submitted, your petition will be reviewed for completeness and published in the Florida Administrative Register.

The appropriate Technical Advisory Committee (TAC) or Program Oversight Committee (POC) will review your petition and provide recommendations to the Florida Building Commission.

The Commission will then review and vote on the final outcome of your request.

For States Other Than Florida

While Florida does set the lead for binding code interpretations, other states have varying levels of methods for code interpretations.

We suggest finding the state authority that regulates the local building codes, and call, email or ask.

Use this link to help find your state building code and who to contact with your question.  

Last Update: November 4, 2024  

November 4, 2024  Codes & Standards  
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