Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-9-40 of the 1976 Code, as last amended by Act 54 of 2007, is further amended to read:
(A)(1) The council is
authorized to review, adopt, modify, and promulgate the building
codes referenced in Section 6-9-50,
that in accordance with the following :
notice of intention to adopt a code, adopt a new edition of a
code, or modify an existing code must be published in the State
Register as a Notice of General Interest, on websites published
by the Department of Labor, Licensing and Regulation, and must
be provided to each local building department with instructions
for its prominent display ;.
notice must include:
address to which interested persons may submit written comments;
period of not less than one hundred eighty days during which
comments may be received ;.
Comments must be assigned to a study committee appointed
by the council which shall publish a Notice of General
Interest in the same manner as provided in item (a) setting out
the committee's scope of review. The notice must give
instructions for filing an intention to appear before or provide
evidence or comments to the committee, or both. The committee
must be comprised of at least three people with different
technical backgrounds ;.
committee shall hold at least one public meeting, accept
evidence and comments, and make a written recommendation to the
council. Within one hundred eighty days from the end of the
comment period, the council shall adopt, modify, or deny the
recommendations from the committee. The council may modify or
amend the code after a finding on the record that the
modifications provide a reasonable degree of public health,
safety, and welfare.
An amended or modified code shall
must be codified as provided for in Section
1-23-90 6-9-55. The council shall
determine whether the amended or modified code becomes effective
on the first day of January or July. However, a code amended
or modified pursuant to subsection (A)(1) does not take effect
until the council has promulgated the code amendment or
modification as a regulation pursuant to Section 6-9-55.
(B)(1) If it is
discovered at any time between building code cycles that an
existing building code requirement constitutes a new threat to
the life or safety of building occupants that was unknown when
the building code was last approved, an emergency building code
modification may be made by the council. An emergency building
code modification shall take effect on a date established by the
(2) The council must provide notice of a request for an emergency building code modification in the same manner as required for a regular council meeting.
(3) The council must conduct a hearing to consider an emergency building code modification at an open council meeting, and all proponents and opponents must be given ample time to state their positions.
(4) An emergency modification of a regulation pursuant to this subsection or the Administrative Procedures Act is not a permanent modification of the regulation until the council has complied with the requirements of subsection (A)(1) and Section 6-9-55.
(C) Modifications promulgated pursuant to this section do not require readoption by the council for subsequent editions of the building codes. Upon submission of a formal request, existing modifications
shall must be reconsidered each time a
new edition of the building code is considered for adoption by
SECTION 2. Section 6-9-55 of the 1976 Code, as added by Act 232 of 2010, is amended to read:
(A)(1) The council shall promulgate
as regulations, in accordance with the procedure and
requirements contained in Article 1, Chapter 23, Title 1, the
Administrative Procedures Act, any provision of or amendment
to any building code that was adopted pursuant to Section
6-9-40(A) that would affect construction requirements for
one-family or two-family dwellings.
(2) If a modification is requested to be made, or is made, to a regulation pursuant to the Administrative Procedures Act, the provisions of the Administrative Procedures Act govern, and the council is not required to also comply with the provisions of Section 6-9-40(A)(1).
(3) If an emergency arises pursuant to Section 6-9-40(B) requiring a modification of a regulation, the council may proceed under the emergency provisions of the Administrative Procedures Act or Section 6-9-40(B), or both; if both, the provisions of both run concurrently and must be construed so as not to create a conflict. However, to permanently modify the regulation, the council shall comply with the provisions of Section 6-9-40(A)(1) and promulgate the modification in accordance with this section.
(B) No building code provision that would otherwise become effective after the effective date of this section concerning construction requirements for one-family or two-family dwellings shall be enforced until the effective date of the regulations required to be promulgated by this section.
Notwithstanding subsection (A)
the provisions of this section, a regulation mandating
the installation of an automatic residential fire sprinkler
system in one-family or two-family dwellings shall not become
effective at any time before January 1, 2014."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.