Current and Coming Changes to the "25% Rule"

Fri, Mar 24, 2023 at 8:00AM

Mike Silvers, CPRC, Silvers Systems Inc., and FRSA Director of Technical Services

Recently, the Florida Legislature, as part of SB-4D, added an exception to the sections of the Florida Building Code (FBC) which are often referred to as the 25% Rule. The Commission adopted very similar language as part of the 2021  Supplement to the 7th Edition (2020) FBC. The new exception, shown below, and other changes in Supplement 2 became effective May 27, 2022.

Exception: If an existing roofing system or roof section was built, repaired, or replaced in compliance with the requirements of the 2007 Florida Building Code, or any subsequent editions of the Florida Building Code, and 25 percent or more of such roofing system or roof section is being repaired, replaced, or recovered, only the repaired, replaced, or recovered portion is required to be constructed in accordance with the Florida Building Code in effect, as applicable.  Pursuant to s. 553.844(5), Florida Statutes, a local government may not adopt by ordinance an administrative or technical amendment to this exception.

The exception to the 25% Rule excludes roofs installed under the 2007 FBC or any later versions of the code. It is, however, important to understand that the 2007 FBC was not effective until March 1, 2009. The effective dates are shown  in the table included on page 14. The new exception states “in compliance with the requirements of the 2007 FBC.” That doesn’t make for an easy assessment of where the line (date) is drawn. Typically, when a new code is adopted, it is
more stringent than the previous version. Read more.

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