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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
HB 401 |
FL | 2021 | R | Building code reform, Deadlines, Planning for climate adaptation and hazards, Streamline application, Third-party review |
Provided by Furman
Summary
- The Building Code is the statewide building code for all construction in the state.
- Allows substantially affected persons to petition for a non-binding advisory opinion on any local government regulation that the person believes is a technical amendment to the Building Code and was not adopted in accordance with the established process.
- Allows local governments to use excess funds generated by building code enforcement fees (i.e., permit fees) for the construction of a building or structure that houses a local government’s building department or provides training programs for building officials, inspectors, or plans examiners.
- Prohibits local governments from requiring a contract between a builder and an owner as a condition to apply for or obtain a building permit.
- Prevents local governments from using preliminary FEMA maps for any measure that has the effect of imposing land use changes or permits.
- Authorizes private providers to conduct virtual building inspections and submit various reports electronically to local building departments.
- Amends the Community Planning Act
- Prohibits local governments from regulating specific building design elements (such as exterior color and cladding, ornamentation, styling of windows and doors, etc.) for single- and two-family dwellings when adopting land development regulations. However, certain exceptions are provided if:
- The dwelling is a historic property or located in a historic district, a community redevelopment area, or a planned unit development or master planned community.
- The regulations are adopted in order to implement the National Flood Insurance Program or to ensure protection of coastal wildlife.
- The regulations are adopted in accordance with the procedures for adopting local amendments to the Building Code.
- The dwelling is located within the jurisdiction of a local government with a design review board or architectural review board.
Provided by lawmakers
Bill Title
Florida Building Code