Current and Coming Changes to the “25% Rule”

How Code Implementation Dates Affect These Changes

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. As it is about to take effect, many contractors pull permits based on the then current, less-stringent code. The actual work may not take place for several months after the new code takes effect. If the work was done prior to March 1, 2009, then the 25% Rule would still apply. It is the work that was done months after that date that could be in question. The only way to be sure which version of the code the work was permitted and completed under the 2007 adoption period, is to confirm it through the building permit records.

An upcoming 25% Rule change will take effect with the 8th Edition FBC (2023), which will have an effective date of December 31, 2023. The revised language will read:

Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the roof covering on the entire existing roof system or roof section is replaced or recovered to conform to the requirements of this code

This change to the 25% Rule will eliminate an interpretation of the current rule that would prohibit recovering an entire building or anything more than 25% of the building or roof section.

Both of these changes apply (or will apply) to FBC Building 1511.1.1, FBC Residential 908.1.1 and FBC Existing Building 706.1.1 The included table should help you understand all of the Florida Building Code and Supplement effective dates. You can get more detailed information on the specific FBC implementations shown in the table using the following link: www.floridarbuilding.org/fbc/Links_to Code_ Resources.html.

The 25% Rule has been the subject of many questions, misunderstandings and, sometimes, misinterpretations. The legislative change will certainly add to the confusion. Some view the change as overreach, but the legislature felt compelled to make this change to assist in attracting and retaining property insurers to the state and to reduce the use of the rule to justify often unnecessary roof claims. As with many other burdensome regulations, the many will suffer due to the abuses of a few. The change will force contractors to tie into roof coverings that will only become older and less serviceable as we move further away from the 2007 code cited by the legislature. It will also hurt many property owners who have legitimate claims. Hopefully, the changes made to the rule itself, which were made through the normal code modification process, will help to at least clarify it to some degree.

Mike Silvers, CPRC is owner of Silvers Systems Inc. and is consulting with FRSA as Director of Technical Services. Mike is an FRSA Past President, Life Member and Campanella Award recipient and brings over 40 years of industry knowledge and experience to FRSA’s team.