Florida Senate - 2011                              CS for SB 396
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-02159-11                                           2011396c1
    1                        A bill to be entitled                      
    2         An act relating to building construction and
    3         inspection; amending s. 120.80, F.S.; exempting
    4         certain rule proceedings relating to the Florida
    5         Building Code from certain provisions of ch. 120,
    6         F.S.; amending s. 161.053, F.S.; prohibiting the
    7         Florida Building Commission from adopting rules that
    8         limit any exceptions or exemptions provided for
    9         modifications or repairs of existing structures within
   10         the limits of an existing foundation under certain
   11         circumstances; amending s. 255.252, F.S.; conforming
   12         provisions to changes made by the act; amending s.
   13         255.253, F.S.; redefining the term “sustainable
   14         building rating” to include the International Green
   15         Construction Code; amending ss. 255.257 and 255.2575,
   16         F.S.; requiring that state agencies, local
   17         governments, and the court system adopt a sustainable
   18         building rating system for new and renovated
   19         buildings; amending s. 468.8316, F.S.; revising the
   20         continuing education requirements for licensed home
   21         inspectors; amending s. 468.8319, F.S.; deleting an
   22         exemption for certain contractors from the prohibition
   23         against performing repairs on a home that has a home
   24         inspection report; deleting an obsolete provision;
   25         amending s. 468.8323, F.S.; clarifying a provision
   26         relating to the contents of a home inspection report;
   27         amending s. 468.8324, F.S.; providing alternative
   28         criteria for obtaining a home inspector’s license;
   29         amending s. 481.329, F.S.; providing that part II of
   30         ch. 481, F.S., does not preclude any person who
   31         engages in the business of landscape design from
   32         submitting such plans to governmental agencies for
   33         approval; amending s. 489.103, F.S.; clarifying an
   34         exemption from construction contracting regulation
   35         relating to Habitat for Humanity; amending s. 489.105,
   36         F.S.; adding the term “glass and glazing contractors”
   37         to the definition of the term “contractor”; amending
   38         ss. 489.107 and 489.141, F.S.; conforming cross
   39         references; amending s. 514.028, F.S.; revising the
   40         composition of the advisory review board relating to
   41         public swimming pools and bathing facilities; amending
   42         s. 527.06, F.S.; prohibiting the Department of
   43         Agriculture and Consumer Services and other state
   44         agencies from requiring compliance with certain
   45         national standards for liquefied petroleum gas tanks
   46         unless the department or agencies require compliance
   47         with a specified edition of the national standards;
   48         providing for repeal under certain circumstances;
   49         amending s. 527.21, F.S.; revising the term “propane”
   50         for purposes of the Florida Propane Gas Education,
   51         Safety, and Research Act, to incorporate changes to
   52         certain national standards in a reference thereto;
   53         amending s. 553.73, F.S.; revising requirements
   54         relating to the Florida Building Code; providing for a
   55         supplement to the code; specifying national codes to
   56         form the foundation for state building standards and
   57         codes; revising how often the Florida Building
   58         Commission may approve technical amendments to the
   59         code; requiring proposed amendments to base codes to
   60         provide justifications; revising requirements relating
   61         to the installation of mechanical equipment on a roof;
   62         amending s. 553.74, F.S.; revising requirements for
   63         selecting a member of the Florida Building Commission;
   64         amending s. 553.842, F.S.; providing for the approval
   65         of certain windstorm products; amending s. 553.909,
   66         F.S.; revising the requirements for certain pool
   67         related equipment; amending s. 627.711, F.S.; revising
   68         requirements relating to home inspectors conducting
   69         hurricane mitigation inspections; providing an
   70         effective date.
   71  
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Paragraph (d) is added to subsection (16) of
   75  section 120.80, Florida Statutes, to read:
   76         120.80 Exceptions and special requirements; agencies.—
   77         (16) FLORIDA BUILDING COMMISSION.—
   78         (d) Rule proceedings relating to updates and modifications
   79  of the Florida Building Code pursuant to s. 553.73 are exempt
   80  from ss. 120.54(3) and 120.541(3).
   81         Section 2. Paragraph (a) of subsection (11) of section
   82  161.053, Florida Statutes, is amended to read:
   83         161.053 Coastal construction and excavation; regulation on
   84  county basis.—
   85         (11)(a) The coastal construction control requirements
   86  defined in subsection (1) and the requirements of the erosion
   87  projections in subsection (5) do not apply to any modification,
   88  maintenance, or repair of any existing structure within the
   89  limits of the existing foundation which does not require,
   90  involve, or include any additions to, or repair or modification
   91  of, the existing foundation of that structure. Specifically
   92  excluded from this exemption are seawalls or other rigid coastal
   93  or shore protection structures and any additions or enclosures
   94  added, constructed, or installed below the first dwelling floor
   95  or lowest deck of the existing structure. The Florida Building
   96  Commission may not adopt any rule having the effect of limiting
   97  any exceptions or exemptions contained within this paragraph.
   98         Section 3. Subsections (3) and (4) of section 255.252,
   99  Florida Statutes, are amended to read:
  100         255.252 Findings and intent.—
  101         (3) In order for that such energy-efficiency and
  102  sustainable materials considerations to become a function of
  103  building design and a model for future application in the
  104  private sector, it is shall be the policy of the state that
  105  buildings constructed and financed by the state be designed and
  106  constructed to comply with a sustainable building rating the
  107  United States Green Building Council (USGBC) Leadership in
  108  Energy and Environmental Design (LEED) rating system, the Green
  109  Building Initiative’s Green Globes rating system, the Florida
  110  Green Building Coalition standards, or a nationally recognized,
  111  high-performance green building rating system as approved by the
  112  department. It is further the policy of the state, if when
  113  economically feasible, to retrofit existing state-owned
  114  buildings in a manner that minimizes which will minimize the
  115  consumption of energy used in the operation and maintenance of
  116  such buildings.
  117         (4) In addition to designing and constructing new buildings
  118  to be energy-efficient, it is shall be the policy of the state
  119  to operate and maintain state facilities in a manner that
  120  minimizes which will minimize energy consumption and maximizes
  121  maximize building sustainability, and to operate as well as
  122  ensure that facilities leased by the state are operated so as to
  123  minimize energy use. It is further the policy of the state that
  124  the renovation of existing state facilities be in accordance
  125  with a sustainable building rating the United States Green
  126  Building Council (USGBC) Leadership in Energy and Environmental
  127  Design (LEED) rating system, the Green Building Initiative’s
  128  Green Globes rating system, the Florida Green Building Coalition
  129  standards, or a nationally recognized, high-performance green
  130  building rating system as approved by the department. State
  131  agencies are encouraged to consider shared savings financing of
  132  such energy-efficiency and conservation projects, using
  133  contracts that which split the resulting savings for a specified
  134  period of time between the state agency and the private firm or
  135  cogeneration contracts and that which otherwise permit the state
  136  to lower its net energy costs. Such energy contracts may be
  137  funded from the operating budget.
  138         Section 4. Subsection (7) of section 255.253, Florida
  139  Statutes, is amended to read:
  140         255.253 Definitions; ss. 255.251-255.258.—
  141         (7) “Sustainable building rating” means a rating
  142  established by the United States Green Building Council (USGBC)
  143  Leadership in Energy and Environmental Design (LEED) rating
  144  system, the International Green Construction Code (IGCC), the
  145  Green Building Initiative’s Green Globes rating system, the
  146  Florida Green Building Coalition standards, or a nationally
  147  recognized, high-performance green building rating system as
  148  approved by the department.
  149         Section 5. Subsection (4) of section 255.257, Florida
  150  Statutes, is amended to read:
  151         255.257 Energy management; buildings occupied by state
  152  agencies.—
  153         (4) ADOPTION OF STANDARDS.—
  154         (a) All state agencies shall adopt a sustainable building
  155  rating system the United States Green Building Council (USGBC)
  156  Leadership in Energy and Environmental Design (LEED) rating
  157  system, the Green Building Initiative’s Green Globes rating
  158  system, the Florida Green Building Coalition standards, or a
  159  nationally recognized, high-performance green building rating
  160  system as approved by the department for all new buildings and
  161  renovations to existing buildings.
  162         (b) No state agency shall enter into new leasing agreements
  163  for office space that does not meet Energy Star building
  164  standards, except when determined by the appropriate state
  165  agency head determines that no other viable or cost-effective
  166  alternative exists.
  167         (c) All state agencies shall develop energy conservation
  168  measures and guidelines for new and existing office space where
  169  state agencies occupy more than 5,000 square feet. These
  170  conservation measures shall focus on programs that may reduce
  171  energy consumption and, when established, provide a net
  172  reduction in occupancy costs.
  173         Section 6. Subsection (2) of section 255.2575, Florida
  174  Statutes, is amended to read:
  175         255.2575 Energy-efficient and sustainable buildings.—
  176         (2) All county, municipal, school district, water
  177  management district, state university, community college, and
  178  Florida state court buildings shall be constructed to comply
  179  with a sustainable building rating system meet the United States
  180  Green Building Council (USGBC) Leadership in Energy and
  181  Environmental Design (LEED) rating system, the Green Building
  182  Initiative’s Green Globes rating system, the Florida Green
  183  Building Coalition standards, or a nationally recognized, high
  184  performance green building rating system as approved by the
  185  Department of Management Services. This section applies shall
  186  apply to all county, municipal, school district, water
  187  management district, state university, community college, and
  188  Florida state court buildings the architectural plans of which
  189  are commenced after July 1, 2008.
  190         Section 7. Subsection (1) of section 468.8316, Florida
  191  Statutes, is amended to read:
  192         468.8316 Continuing education.—
  193         (1) The department may not renew a license until the
  194  licensee submits proof satisfactory to the department that
  195  during the 2 years before prior to his or her application for
  196  renewal the licensee has completed at least 14 hours of
  197  continuing education. Of the 14 hours, at least 2 hours must be
  198  in hurricane mitigation training that includes hurricane
  199  mitigation techniques and compliance with the uniform mitigation
  200  verification inspection form developed under s. 627.711(2). The
  201  department shall adopt rules establishing criteria for approving
  202  continuing education providers and courses course content shall
  203  be approved by the department by rule.
  204         Section 8. Paragraph (f) of subsection (1) and subsection
  205  (3) of section 468.8319, Florida Statutes, are amended to read
  206         468.8319 Prohibitions; penalties.—
  207         (1) A person may not:
  208         (f) Perform or offer to perform any repairs to a home on
  209  which the inspector or the inspector’s company has prepared a
  210  home inspection report. This paragraph does not apply to:
  211         1. a home warranty company that is affiliated with or
  212  retains a home inspector to perform repairs pursuant to a claim
  213  made under a home warranty contract.
  214         2. A certified contractor who is classified in s.
  215  489.105(3) as a Division I contractor. However, the department
  216  may adopt rules requiring that, if such contractor performs the
  217  home inspection and offers to perform the repairs, the contract
  218  for repairs provided to the homeowner discloses that he or she
  219  has the right to request competitive bids.
  220         (3) This section does not apply to unlicensed activity as
  221  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  222  that occurs before July 1, 2011.
  223         Section 9. Paragraph (b) of subsection (1) of section
  224  468.8323, Florida Statutes, is amended to read:
  225         468.8323 Home inspection report.—Upon completion of each
  226  home inspection for compensation, the home inspector shall
  227  provide a written report prepared for the client.
  228         (1) The home inspector shall report:
  229         (b) If not self-evident, a reason why the system or
  230  component reported under paragraph (a) is significantly
  231  deficient or near the end of its service life.
  232         Section 10. Present subsections (3) and (4) of section
  233  468.8324, Florida Statutes, are renumbered as subsections (4)
  234  and (5), respectively, and a new subsection (3) is added to that
  235  section, to read:
  236         468.8324 Grandfather clause.—
  237         (3) A person who performs home inspection services may
  238  qualify for licensure as a home inspector under this part if the
  239  person submits an application to the department postmarked on or
  240  before July 1, 2012, which shows that the applicant:
  241         (a) Possesses certification as a one- and two-family
  242  dwelling inspector issued by the International Code Council or
  243  the Southern Building Code Congress International;
  244         (b) Has been certified as a one- and two-family dwelling
  245  inspector by the Florida Building Code Administrators and
  246  Inspectors Board under part XII of this chapter; or
  247         (c) Possesses a Division I contractor license under part I
  248  of chapter 489.
  249         Section 11. Subsection (5) of section 481.329, Florida
  250  Statutes, is amended to read:
  251         481.329 Exceptions; exemptions from licensure.—
  252         (5) Nothing in this part prohibits any person from engaging
  253  in the practice of landscape design, as defined in s.
  254  481.303(7), nor submitting such plans to governmental agencies
  255  for approval. Persons providing landscape design services shall
  256  not use the title, term, or designation “landscape architect,”
  257  “landscape architectural,” “landscape architecture,” “L.A.,”
  258  “landscape engineering,” or any description tending to convey
  259  the impression that she or he is a landscape architect unless
  260  she or he is registered as provided in this part.
  261         Section 12. Subsection (18) of section 489.103, Florida
  262  Statutes, is amended to read:
  263         489.103 Exemptions.—This part does not apply to:
  264         (18) Any one-family, two-family, or three-family residence
  265  constructed or rehabilitated by Habitat for Humanity
  266  International, Inc., or its local affiliates. Habitat for
  267  Humanity International, Inc., or its local affiliates, must:
  268         (a) Obtain all necessary building permits.
  269         (b) Obtain all required building code inspections.
  270         (c) Provide for supervision of all work by an individual
  271  with construction experience.
  272         Section 13. Subsection (3) of section 489.105, Florida
  273  Statutes, is amended to read
  274         489.105 Definitions.—As used in this part:
  275         (3) “Contractor” means the person who is qualified for, and
  276  is shall only be responsible for, the project contracted for and
  277  means, except as exempted in this part, the person who, for
  278  compensation, undertakes to, submits a bid to, or does himself
  279  or herself or by others construct, repair, alter, remodel, add
  280  to, demolish, subtract from, or improve any building or
  281  structure, including related improvements to real estate, for
  282  others or for resale to others; and whose job scope is
  283  substantially similar to the job scope described in one of the
  284  subsequent paragraphs of this subsection. For the purposes of
  285  regulation under this part, “demolish” applies only to
  286  demolition of steel tanks over 50 feet in height; towers over 50
  287  feet in height; other structures over 50 feet in height, other
  288  than buildings or residences over three stories tall; and
  289  buildings or residences over three stories tall. Contractors are
  290  subdivided into two divisions, Division I, consisting of those
  291  contractors defined in paragraphs (a)-(c), and Division II,
  292  consisting of those contractors defined in paragraphs (d)-(r)
  293  (d)-(q):
  294         (a) “General contractor” means a contractor whose services
  295  are unlimited as to the type of work which he or she may do, who
  296  may contract for any activity requiring licensure under this
  297  part, and who may perform any work requiring licensure under
  298  this part, except as otherwise expressly provided in s. 489.113.
  299         (b) “Building contractor” means a contractor whose services
  300  are limited to construction of commercial buildings and single
  301  dwelling or multiple-dwelling residential buildings, which
  302  commercial or residential buildings do not exceed three stories
  303  in height, and accessory use structures in connection therewith
  304  or a contractor whose services are limited to remodeling,
  305  repair, or improvement of any size building if the services do
  306  not affect the structural members of the building.
  307         (c) “Residential contractor” means a contractor whose
  308  services are limited to construction, remodeling, repair, or
  309  improvement of one-family, two-family, or three-family
  310  residences not exceeding two habitable stories above no more
  311  than one uninhabitable story and accessory use structures in
  312  connection therewith.
  313         (d) “Sheet metal contractor” means a contractor whose
  314  services are unlimited in the sheet metal trade and who has the
  315  experience, knowledge, and skill necessary for the manufacture,
  316  fabrication, assembling, handling, erection, installation,
  317  dismantling, conditioning, adjustment, insulation, alteration,
  318  repair, servicing, or design, if when not prohibited by law, of
  319  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  320  equivalent or lighter gauge and of other materials, including,
  321  but not limited to, fiberglass, used in lieu thereof and of air
  322  handling systems, including the setting of air-handling
  323  equipment and reinforcement of same, the balancing of air
  324  handling systems, and any duct cleaning and equipment sanitizing
  325  that which requires at least a partial disassembling of the
  326  system.
  327         (e) “Roofing contractor” means a contractor whose services
  328  are unlimited in the roofing trade and who has the experience,
  329  knowledge, and skill to install, maintain, repair, alter,
  330  extend, or design, if when not prohibited by law, and use
  331  materials and items used in the installation, maintenance,
  332  extension, and alteration of all kinds of roofing,
  333  waterproofing, and coating, except when coating is not
  334  represented to protect, repair, waterproof, stop leaks, or
  335  extend the life of the roof. The scope of work of a roofing
  336  contractor also includes required roof-deck attachments and any
  337  repair or replacement of wood roof sheathing or fascia as needed
  338  during roof repair or replacement.
  339         (f) “Class A air-conditioning contractor” means a
  340  contractor whose services are unlimited in the execution of
  341  contracts requiring the experience, knowledge, and skill to
  342  install, maintain, repair, fabricate, alter, extend, or design,
  343  if when not prohibited by law, central air-conditioning,
  344  refrigeration, heating, and ventilating systems, including duct
  345  work in connection with a complete system if only to the extent
  346  such duct work is performed by the contractor as is necessary to
  347  make complete an air-distribution system, boiler and unfired
  348  pressure vessel systems, and all appurtenances, apparatus, or
  349  equipment used in connection therewith, and any duct cleaning
  350  and equipment sanitizing that which requires at least a partial
  351  disassembling of the system; to install, maintain, repair,
  352  fabricate, alter, extend, or design, if when not prohibited by
  353  law, piping, insulation of pipes, vessels and ducts, pressure
  354  and process piping, and pneumatic control piping; to replace,
  355  disconnect, or reconnect power wiring on the load side of the
  356  dedicated existing electrical disconnect switch; to install,
  357  disconnect, and reconnect low voltage heating, ventilating, and
  358  air-conditioning control wiring; and to install a condensate
  359  drain from an air-conditioning unit to an existing safe waste or
  360  other approved disposal other than a direct connection to a
  361  sanitary system. The scope of work for such contractor shall
  362  also includes include any excavation work incidental thereto,
  363  but does shall not include any work such as liquefied petroleum
  364  or natural gas fuel lines within buildings, except for
  365  disconnecting or reconnecting changeouts of liquefied petroleum
  366  or natural gas appliances within buildings; potable water lines
  367  or connections thereto; sanitary sewer lines; swimming pool
  368  piping and filters; or electrical power wiring.
  369         (g) “Class B air-conditioning contractor” means a
  370  contractor whose services are limited to 25 tons of cooling and
  371  500,000 Btu of heating in any one system in the execution of
  372  contracts requiring the experience, knowledge, and skill to
  373  install, maintain, repair, fabricate, alter, extend, or design,
  374  if when not prohibited by law, central air-conditioning,
  375  refrigeration, heating, and ventilating systems, including duct
  376  work in connection with a complete system only to the extent
  377  such duct work is performed by the contractor as is necessary to
  378  make complete an air-distribution system being installed under
  379  this classification, and any duct cleaning and equipment
  380  sanitizing that which requires at least a partial disassembling
  381  of the system; to install, maintain, repair, fabricate, alter,
  382  extend, or design, if when not prohibited by law, piping and
  383  insulation of pipes, vessels, and ducts; to replace, disconnect,
  384  or reconnect power wiring on the load side of the dedicated
  385  existing electrical disconnect switch; to install, disconnect,
  386  and reconnect low voltage heating, ventilating, and air
  387  conditioning control wiring; and to install a condensate drain
  388  from an air-conditioning unit to an existing safe waste or other
  389  approved disposal other than a direct connection to a sanitary
  390  system. The scope of work for such contractor shall also
  391  includes include any excavation work incidental thereto, but
  392  does shall not include any work such as liquefied petroleum or
  393  natural gas fuel lines within buildings, except for
  394  disconnecting or reconnecting changeouts of liquefied petroleum
  395  or natural gas appliances within buildings; potable water lines
  396  or connections thereto; sanitary sewer lines; swimming pool
  397  piping and filters; or electrical power wiring.
  398         (h) “Class C air-conditioning contractor” means a
  399  contractor whose business is limited to the servicing of air
  400  conditioning, heating, or refrigeration systems, including any
  401  duct cleaning and equipment sanitizing that which requires at
  402  least a partial disassembling of the system, and whose
  403  certification or registration, issued pursuant to this part, was
  404  valid on October 1, 1988. Only a No person who was not
  405  previously registered or certified as a Class C air-conditioning
  406  contractor as of October 1, 1988, shall be so registered or
  407  certified after October 1, 1988. However, the board shall
  408  continue to license and regulate those Class C air-conditioning
  409  contractors who held Class C licenses before prior to October 1,
  410  1988.
  411         (i) “Mechanical contractor” means a contractor whose
  412  services are unlimited in the execution of contracts requiring
  413  the experience, knowledge, and skill to install, maintain,
  414  repair, fabricate, alter, extend, or design, if when not
  415  prohibited by law, central air-conditioning, refrigeration,
  416  heating, and ventilating systems, including duct work in
  417  connection with a complete system if only to the extent such
  418  duct work is performed by the contractor as is necessary to make
  419  complete an air-distribution system, boiler and unfired pressure
  420  vessel systems, lift station equipment and piping, and all
  421  appurtenances, apparatus, or equipment used in connection
  422  therewith, and any duct cleaning and equipment sanitizing that
  423  which requires at least a partial disassembling of the system;
  424  to install, maintain, repair, fabricate, alter, extend, or
  425  design, if when not prohibited by law, piping, insulation of
  426  pipes, vessels and ducts, pressure and process piping, pneumatic
  427  control piping, gasoline tanks and pump installations and piping
  428  for same, standpipes, air piping, vacuum line piping, oxygen
  429  lines, nitrous oxide piping, ink and chemical lines, fuel
  430  transmission lines, liquefied petroleum gas lines within
  431  buildings, and natural gas fuel lines within buildings; to
  432  replace, disconnect, or reconnect power wiring on the load side
  433  of the dedicated existing electrical disconnect switch; to
  434  install, disconnect, and reconnect low voltage heating,
  435  ventilating, and air-conditioning control wiring; and to install
  436  a condensate drain from an air-conditioning unit to an existing
  437  safe waste or other approved disposal other than a direct
  438  connection to a sanitary system. The scope of work for such
  439  contractor shall also includes include any excavation work
  440  incidental thereto, but does shall not include any work such as
  441  potable water lines or connections thereto, sanitary sewer
  442  lines, swimming pool piping and filters, or electrical power
  443  wiring.
  444         (j) “Commercial pool/spa contractor” means a contractor
  445  whose scope of work involves, but is not limited to, the
  446  construction, repair, and servicing of any swimming pool, or hot
  447  tub or spa, whether public, private, or otherwise, regardless of
  448  use. The scope of work includes the installation, repair, or
  449  replacement of existing equipment, any cleaning or equipment
  450  sanitizing that which requires at least a partial disassembling,
  451  excluding filter changes, and the installation of new pool/spa
  452  equipment, interior finishes, the installation of package pool
  453  heaters, the installation of all perimeter piping and filter
  454  piping, and the construction of equipment rooms or housing for
  455  pool/spa equipment, and also includes the scope of work of a
  456  swimming pool/spa servicing contractor. The scope of such work
  457  does not include direct connections to a sanitary sewer system
  458  or to potable water lines. The installation, construction,
  459  modification, or replacement of equipment permanently attached
  460  to and associated with the pool or spa for the purpose of water
  461  treatment or cleaning of the pool or spa requires licensure;
  462  however, the usage of such equipment for the purposes of water
  463  treatment or cleaning does shall not require licensure unless
  464  the usage involves construction, modification, or replacement of
  465  such equipment. Water treatment that does not require such
  466  equipment does not require a license. In addition, a license is
  467  shall not be required for the cleaning of the pool or spa in a
  468  any way that does not affect the structural integrity of the
  469  pool or spa or its associated equipment.
  470         (k) “Residential pool/spa contractor” means a contractor
  471  whose scope of work involves, but is not limited to, the
  472  construction, repair, and servicing of a any residential
  473  swimming pool, or hot tub or spa, regardless of use. The scope
  474  of work includes the installation, repair, or replacement of
  475  existing equipment, any cleaning or equipment sanitizing that
  476  which requires at least a partial disassembling, excluding
  477  filter changes, and the installation of new pool/spa equipment,
  478  interior finishes, the installation of package pool heaters, the
  479  installation of all perimeter piping and filter piping, and the
  480  construction of equipment rooms or housing for pool/spa
  481  equipment, and also includes the scope of work of a swimming
  482  pool/spa servicing contractor. The scope of such work does not
  483  include direct connections to a sanitary sewer system or to
  484  potable water lines. The installation, construction,
  485  modification, or replacement of equipment permanently attached
  486  to and associated with the pool or spa for the purpose of water
  487  treatment or cleaning of the pool or spa requires licensure;
  488  however, the usage of such equipment for the purposes of water
  489  treatment or cleaning does shall not require licensure unless
  490  the usage involves construction, modification, or replacement of
  491  such equipment. Water treatment that does not require such
  492  equipment does not require a license. In addition, a license is
  493  shall not be required for the cleaning of the pool or spa in a
  494  any way that does not affect the structural integrity of the
  495  pool or spa or its associated equipment.
  496         (l) “Swimming pool/spa servicing contractor” means a
  497  contractor whose scope of work involves, but is not limited to,
  498  the repair and servicing of a any swimming pool, or hot tub or
  499  spa, whether public or private, or otherwise, regardless of use.
  500  The scope of work includes the repair or replacement of existing
  501  equipment, any cleaning or equipment sanitizing that which
  502  requires at least a partial disassembling, excluding filter
  503  changes, and the installation of new pool/spa equipment,
  504  interior refinishing, the reinstallation or addition of pool
  505  heaters, the repair or replacement of all perimeter piping and
  506  filter piping, the repair of equipment rooms or housing for
  507  pool/spa equipment, and the substantial or complete draining of
  508  a swimming pool, or hot tub or spa, for the purpose of any
  509  repair or renovation. The scope of such work does not include
  510  direct connections to a sanitary sewer system or to potable
  511  water lines. The installation, construction, modification,
  512  substantial or complete disassembly, or replacement of equipment
  513  permanently attached to and associated with the pool or spa for
  514  the purpose of water treatment or cleaning of the pool or spa
  515  requires licensure; however, the usage of such equipment for the
  516  purposes of water treatment or cleaning does shall not require
  517  licensure unless the usage involves construction, modification,
  518  substantial or complete disassembly, or replacement of such
  519  equipment. Water treatment that does not require such equipment
  520  does not require a license. In addition, a license is shall not
  521  be required for the cleaning of the pool or spa in a any way
  522  that does not affect the structural integrity of the pool or spa
  523  or its associated equipment.
  524         (m) “Plumbing contractor” means a contractor whose
  525  contracting business consists of the execution of contracts
  526  requiring the experience, financial means, knowledge, and skill
  527  to install, maintain, repair, alter, extend, or, if when not
  528  prohibited by law, design plumbing. A plumbing contractor may
  529  install, maintain, repair, alter, extend, or, if when not
  530  prohibited by law, design the following without obtaining an any
  531  additional local regulatory license, certificate, or
  532  registration: sanitary drainage or storm drainage facilities;
  533  venting systems; public or private water supply systems; septic
  534  tanks; drainage and supply wells; swimming pool piping;
  535  irrigation systems; or solar heating water systems and all
  536  appurtenances, apparatus, or equipment used in connection
  537  therewith, including boilers and pressure process piping and
  538  including the installation of water, natural gas, liquefied
  539  petroleum gas and related venting, and storm and sanitary sewer
  540  lines; and water and sewer plants and substations. The scope of
  541  work of the plumbing contractor also includes the design, if
  542  when not prohibited by law, and installation, maintenance,
  543  repair, alteration, or extension of air-piping, vacuum line
  544  piping, oxygen line piping, nitrous oxide piping, and all
  545  related medical gas systems; fire line standpipes and fire
  546  sprinklers if to the extent authorized by law; ink and chemical
  547  lines; fuel oil and gasoline piping and tank and pump
  548  installation, except bulk storage plants; and pneumatic control
  549  piping systems, all in such a manner that complies as to comply
  550  with all plans, specifications, codes, laws, and regulations
  551  applicable. The scope of work of the plumbing contractor applies
  552  shall apply to private property and public property, including
  553  shall include any excavation work incidental thereto, and
  554  includes shall include the work of the specialty plumbing
  555  contractor. Such contractor shall subcontract, with a qualified
  556  contractor in the field concerned, all other work incidental to
  557  the work but which is specified herein as being the work of a
  558  trade other than that of a plumbing contractor. Nothing in This
  559  definition does not shall be construed to limit the scope of
  560  work of any specialty contractor certified pursuant to s.
  561  489.113(6), and does not. Nothing in this definition shall be
  562  construed to require certification or registration under this
  563  part of any authorized employee of a public natural gas utility
  564  or of a private natural gas utility regulated by the Public
  565  Service Commission when disconnecting and reconnecting water
  566  lines in the servicing or replacement of an existing water
  567  heater.
  568         (n) “Underground utility and excavation contractor” means a
  569  contractor whose services are limited to the construction,
  570  installation, and repair, on public or private property, whether
  571  accomplished through open excavations or through other means,
  572  including, but not limited to, directional drilling, auger
  573  boring, jacking and boring, trenchless technologies, wet and dry
  574  taps, grouting, and slip lining, of main sanitary sewer
  575  collection systems, main water distribution systems, storm sewer
  576  collection systems, and the continuation of utility lines from
  577  the main systems to a point of termination up to and including
  578  the meter location for the individual occupancy, sewer
  579  collection systems at property line on residential or single
  580  occupancy commercial properties, or on multioccupancy properties
  581  at manhole or wye lateral extended to an invert elevation as
  582  engineered to accommodate future building sewers, water
  583  distribution systems, or storm sewer collection systems at storm
  584  sewer structures. However, an underground utility and excavation
  585  contractor may install empty underground conduits in rights-of
  586  way, easements, platted rights-of-way in new site development,
  587  and sleeves for parking lot crossings no smaller than 2 inches
  588  in diameter if, provided that each conduit system installed is
  589  designed by a licensed professional engineer or an authorized
  590  employee of a municipality, county, or public utility and that
  591  the installation of any such conduit does not include
  592  installation of any conductor wiring or connection to an
  593  energized electrical system. An underground utility and
  594  excavation contractor may shall not install any piping that is
  595  an integral part of a fire protection system as defined in s.
  596  633.021 beginning at the point where the piping is used
  597  exclusively for such system.
  598         (o) “Solar contractor” means a contractor whose services
  599  consist of the installation, alteration, repair, maintenance,
  600  relocation, or replacement of solar panels for potable solar
  601  water heating systems, swimming pool solar heating systems, and
  602  photovoltaic systems and any appurtenances, apparatus, or
  603  equipment used in connection therewith, whether public, private,
  604  or otherwise, regardless of use. A contractor, certified or
  605  registered pursuant to the provisions of this chapter, is not
  606  required to become a certified or registered solar contractor or
  607  to contract with a solar contractor in order to provide any
  608  services enumerated in this paragraph that are within the scope
  609  of the services such contractors may render under this part.
  610         (p) “Pollutant storage systems contractor” means a
  611  contractor whose services are limited to, and who has the
  612  experience, knowledge, and skill to install, maintain, repair,
  613  alter, extend, or design, if when not prohibited by law, and use
  614  materials and items used in the installation, maintenance,
  615  extension, and alteration of, pollutant storage tanks. Any
  616  person installing a pollutant storage tank shall perform such
  617  installation in accordance with the standards adopted pursuant
  618  to s. 376.303.
  619         (q) “Glass and glazing contractor” means a contractor whose
  620  services are unlimited in the execution of contracts requiring
  621  the experience, knowledge, and skill to install, attach,
  622  maintain, repair, fabricate, alter, extend, or design, in
  623  residential and commercial applications without any height
  624  restrictions, all types of windows, glass, and mirrors, whether
  625  fixed or movable; swinging or sliding glass doors attached to
  626  existing walls, floors, columns, or other structural members of
  627  the building; glass holding or supporting mullions or horizontal
  628  bars; structurally anchored impact-resistant opening protection
  629  attached to existing building walls, floors, columns, or other
  630  structural members of the building; prefabricated glass, metal,
  631  or plastic curtain walls; storefront frames or panels; shower
  632  and tub enclosures; metal fascias; and caulking incidental to
  633  such work and assembly.
  634         (r)(q) “Specialty contractor” means a contractor whose
  635  scope of work and responsibility is limited to a particular
  636  phase of construction established in a category adopted by board
  637  rule and whose scope is limited to a subset of the activities
  638  described in one of the paragraphs of this subsection.
  639         Section 14. Paragraphs (b) and (c) of subsection (4) of
  640  section 489.107, Florida Statutes, are amended to read:
  641         489.107 Construction Industry Licensing Board.—
  642         (4) The board shall be divided into two divisions, Division
  643  I and Division II.
  644         (b) Division II is comprised of the roofing contractor,
  645  sheet metal contractor, air-conditioning contractor, mechanical
  646  contractor, pool contractor, plumbing contractor, and
  647  underground utility and excavation contractor members of the
  648  board; one of the members appointed pursuant to paragraph
  649  (2)(j); and one of the members appointed pursuant to paragraph
  650  (2)(k). Division II has jurisdiction over the regulation of
  651  contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
  652         (c) Jurisdiction for the regulation of specialty
  653  contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
  654  with the division having jurisdiction over the scope of work of
  655  the specialty contractor as defined by board rule.
  656         Section 15. Paragraph (g) of subsection (2) of section
  657  489.141, Florida Statutes, is amended to read:
  658         489.141 Conditions for recovery; eligibility.—
  659         (2) A claimant is not qualified to make a claim for
  660  recovery from the recovery fund, if:
  661         (g) The claimant has contracted with a licensee to perform
  662  a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)
  663  (q).
  664         Section 16. Subsection (1) of section 514.028, Florida
  665  Statutes, is amended to read:
  666         514.028 Advisory review board.—
  667         (1) The Governor shall appoint an advisory review board
  668  which shall meet as necessary or at least quarterly, to
  669  recommend agency action on variance request, rule and policy
  670  development, and other technical review problems. The board
  671  shall be comprised of the following:
  672         (a) A representative from the office of licensure and
  673  certification of the department.
  674         (b) A representative from the county health departments.
  675         (c) Three representatives from the swimming pool
  676  construction industry.
  677         (d) A representative Two representatives from the public
  678  lodging industry.
  679         (e) A representative from a county or local building
  680  department.
  681         Section 17. Subsection (3) of section 527.06, Florida
  682  Statutes, is amended to read:
  683         527.06 Rules.—
  684         (3)(a) Rules in substantial conformity with the published
  685  standards of the National Fire Protection Association (NFPA) are
  686  shall be deemed to be in substantial conformity with the
  687  generally accepted standards of safety concerning the same
  688  subject matter.
  689         (b) Notwithstanding any other law, the department or other
  690  state agency may not require compliance with the minimum
  691  separation distances of NFPA 58 for separation between a
  692  liquefied petroleum gas tank and a building, adjoining property
  693  line, other liquefied petroleum gas tank, or any source of
  694  ignition, except in compliance with the minimum separation
  695  distances of the 2011 edition of NFPA 58. This subsection shall
  696  be deemed repealed upon the last effective date of rules
  697  adopted, directly or as incorporated by reference, by the
  698  department, the Florida Building Commission as part of the
  699  Florida Building Code, and the Office of State Fire Marshal as
  700  part of the Florida Fire Prevention Code of these minimum
  701  separation distances as contained in the 2011 edition of NFPA 58
  702  promulgated by the National Fire Protection Association.
  703         Section 18. Subsection (11) of section 527.21, Florida
  704  Statutes, is amended to read:
  705         527.21 Definitions relating to Florida Propane Gas
  706  Education, Safety, and Research Act.—As used in ss. 527.20
  707  527.23, the term:
  708         (11) “Propane” includes propane, butane, mixtures, and
  709  liquefied petroleum gas as defined by the National Fire
  710  Protection Association (NFPA) Standard 58, For The Storage and
  711  Handling of Liquefied Petroleum Gas Code Gases.
  712         Section 19. Subsections (1), (2), (3), (9), and (15) of
  713  section 553.73, Florida Statutes, are amended to read:
  714         553.73 Florida Building Code.—
  715         (1)(a) The commission shall adopt, by rule pursuant to ss.
  716  120.536(1) and 120.54, the Florida Building Code and a Florida
  717  supplement to the International Code Council’s set of codes
  718  which contains or incorporates shall contain or incorporate by
  719  reference all laws and rules that which pertain to and govern
  720  the design, construction, erection, alteration, modification,
  721  repair, and demolition of public and private buildings,
  722  structures, and facilities and enforcement of such laws and
  723  rules, except as otherwise provided in this section.
  724         (a)(b) The technical portions of the Florida Accessibility
  725  Code for Building Construction shall be contained in their
  726  entirety in the Florida Building Code supplement to the
  727  International Accessibility Code. The civil rights portions and
  728  the technical portions of the accessibility laws of this state
  729  shall remain as currently provided by law. Any revision or
  730  amendments to the Florida Accessibility Code for Building
  731  Construction pursuant to part II shall be placed in the next
  732  edition of the supplement considered adopted by the commission
  733  as part of the Florida Building Code. Neither the commission nor
  734  any local government shall revise or amend any standard of the
  735  Florida Accessibility Code for Building Construction except as
  736  provided for in part II.
  737         (b)(c) The Florida Fire Prevention Code and the Life Safety
  738  Code shall be referenced in the Florida Building Code, but shall
  739  be adopted, modified, revised, or amended, interpreted, and
  740  maintained by the Department of Financial Services by rule
  741  adopted pursuant to ss. 120.536(1) and 120.54. The Florida
  742  Building Commission may not adopt a fire prevention or
  743  lifesafety code, and nothing in the Florida Building Code shall
  744  affect the statutory powers, duties, and responsibilities of any
  745  fire official or the Department of Financial Services.
  746         (c)(d) Conflicting requirements between the Florida
  747  Building Code and the Florida Fire Prevention Code and Life
  748  Safety Code of the state established pursuant to ss. 633.022 and
  749  633.025 shall be resolved by agreement between the commission
  750  and the State Fire Marshal in favor of the requirement that
  751  offers the greatest degree of lifesafety or alternatives that
  752  would provide an equivalent degree of lifesafety and an
  753  equivalent method of construction. If the commission and State
  754  Fire Marshal are unable to agree on a resolution, the question
  755  shall be referred to a mediator, mutually agreeable to both
  756  parties, to resolve the conflict in favor of the provision that
  757  offers the greatest lifesafety, or alternatives that would
  758  provide an equivalent degree of lifesafety and an equivalent
  759  method of construction.
  760         (d)(e) Subject to the provisions of this act,
  761  responsibility for enforcement, interpretation, and regulation
  762  of the Florida Building Code shall be vested in a specified
  763  local board or agency, and the terms words “local government”
  764  and “local governing body” as used in this part shall be
  765  construed to refer exclusively to such local board or agency.
  766         (2) The Florida Building Code and supplement must shall
  767  contain provisions or requirements for public and private
  768  buildings, structures, and facilities relative to structural,
  769  mechanical, electrical, plumbing, energy, and gas systems,
  770  existing buildings, historical buildings, manufactured
  771  buildings, elevators, coastal construction, lodging facilities,
  772  food sales and food service facilities, health care facilities,
  773  including assisted living facilities, adult day care facilities,
  774  hospice residential and inpatient facilities and units, and
  775  facilities for the control of radiation hazards, public or
  776  private educational facilities, swimming pools, and correctional
  777  facilities and enforcement of and compliance with such
  778  provisions or requirements. Further, the Florida Building Code
  779  and supplement must provide for uniform implementation of ss.
  780  515.25, 515.27, and 515.29 by including standards and criteria
  781  for residential swimming pool barriers, pool covers, latching
  782  devices, door and window exit alarms, and other equipment
  783  required therein, which are consistent with the intent of s.
  784  515.23. Technical provisions to be contained within the Florida
  785  Building Code are restricted to requirements related to the
  786  types of materials used and construction methods and standards
  787  employed in order to meet criteria specified in the Florida
  788  Building code. Provisions relating to the personnel, supervision
  789  or training of personnel, or any other professional
  790  qualification requirements relating to contractors or their
  791  workforce may not be included within the Florida Building Code,
  792  and subsections (4), (6), (7), (8), and (9) are not to be
  793  construed to allow the inclusion of such provisions within the
  794  Florida Building code by amendment. This restriction applies to
  795  both initial development and amendment of the Florida Building
  796  Code and supplement.
  797         (3) The commission shall use the International Codes
  798  published by the International Code Council, the National
  799  Electric Code (NFPA 70), or other nationally adopted model codes
  800  and standards needed to supplant or apply the base code in
  801  Florida select from available national or international model
  802  building codes, or other available building codes and standards
  803  currently recognized by the laws of this state, to form the
  804  foundation for building code standards and the Florida Building
  805  Code and supplement. The commission may modify the selected
  806  model codes and standards as needed to accommodate the specific
  807  needs of this state. Standards or criteria referenced by the
  808  selected model codes shall be similarly incorporated by
  809  reference. If a referenced standard or criterion requires
  810  amplification or modification to be appropriate for use in this
  811  state, only the amplification or modification shall be
  812  specifically set forth in the Florida Building Code. The Florida
  813  Building Commission may approve technical amendments to the
  814  code, subject to the requirements of subsections (8) and (9),
  815  after the amendments have been subject to the following
  816  conditions:
  817         (a) The proposed amendment has been published on the
  818  commission’s website for a minimum of 45 days and all the
  819  associated documentation has been made available to any
  820  interested party before any consideration by a any technical
  821  advisory committee;
  822         (b) In order for a technical advisory committee to make a
  823  favorable recommendation to the commission, the proposal must
  824  receive a three-fourths vote of the members present at the
  825  technical advisory committee meeting and at least half of the
  826  regular members must be present in order to conduct a meeting;
  827         (c) After technical advisory committee consideration and a
  828  recommendation for approval of any proposed amendment, the
  829  proposal must be published on the commission’s website for at
  830  least not less than 45 days before any consideration by the
  831  commission; and
  832         (d) A Any proposal may be modified by the commission based
  833  on public testimony and evidence from a public hearing held in
  834  accordance with chapter 120.
  835  
  836  The commission shall incorporate within sections of the Florida
  837  Building Code provisions which address regional and local
  838  concerns and variations. The commission shall make every effort
  839  to minimize conflicts between the Florida Building Code, the
  840  Florida Fire Prevention Code, and the Life Safety Code.
  841         (9)(a) The commission may approve technical amendments to
  842  the Florida Building Code once each year for statewide or
  843  regional application upon a finding that the amendment:
  844         1. Is needed in order to accommodate the specific needs of
  845  this state.
  846         2. Has a reasonable and substantial connection with the
  847  health, safety, and welfare of the general public.
  848         3. Strengthens or improves the Florida Building Code, or in
  849  the case of innovation or new technology, will provide
  850  equivalent or better products or methods or systems of
  851  construction.
  852         4. Does not discriminate against materials, products,
  853  methods, or systems of construction of demonstrated
  854  capabilities.
  855         5. Does not degrade the effectiveness of the Florida
  856  Building Code.
  857  
  858  Furthermore, The Florida Building Commission may also approve
  859  technical amendments to the code once every 3 years in order
  860  each year to incorporate into the Florida Building Code its own
  861  interpretations of the code which are embodied in its opinions,
  862  final orders, declaratory statements, and interpretations of
  863  hearing officer panels under s. 553.775(3)(c), but shall do so
  864  only to the extent that the incorporation of interpretations is
  865  needed to modify the foundation codes to accommodate the
  866  specific needs of this state. Amendments approved under this
  867  paragraph shall be adopted by rule pursuant to ss. 120.536(1)
  868  and 120.54, after the amendments have been subjected to the
  869  provisions of subsection (3).
  870         (b) A proposed amendment must shall include a fiscal impact
  871  statement that which documents the costs and benefits of the
  872  proposed amendment. Criteria for the fiscal impact statement
  873  shall be established by rule by the commission and shall include
  874  the impact to local government relative to enforcement, the
  875  impact to property and building owners, and the impact as well
  876  as to industry, relative to the cost of compliance. A proposed
  877  amendment to the base code must also include specific
  878  justifications for why this state is different from other areas
  879  that have adopted the base code and why the proposed amendment
  880  applies to this state and no other area or region where the base
  881  code has been adopted.
  882         (c) The commission may not approve a any proposed amendment
  883  that does not accurately and completely address all requirements
  884  for amendment which are set forth in this section. The
  885  commission shall require all proposed amendments and information
  886  submitted with proposed amendments to be reviewed by commission
  887  staff prior to consideration by any technical advisory
  888  committee. These reviews shall be for sufficiency only and are
  889  not intended to be qualitative in nature. Staff members shall
  890  reject any proposed amendment that fails to include a fiscal
  891  impact statement. Proposed amendments rejected by members of the
  892  staff may not be considered by the commission or any technical
  893  advisory committee.
  894         (d) Provisions of the Florida Building Code, including
  895  those contained in referenced standards and criteria, relating
  896  to wind resistance or the prevention of water intrusion may not
  897  be amended pursuant to this subsection to diminish those
  898  construction requirements; however, the commission may, subject
  899  to conditions in this subsection, amend the provisions to
  900  enhance those construction requirements.
  901         (15) An agency or local government may not require that
  902  existing mechanical equipment on the surface of a roof be
  903  installed in compliance with the requirements of the Florida
  904  Building Code until the equipment is required to be removed or
  905  replaced, or the roof is replaced or recovered.
  906         Section 20. Paragraph (v) of subsection (1) of section
  907  553.74, Florida Statutes, is amended to read:
  908         553.74 Florida Building Commission.—
  909         (1) The Florida Building Commission is created and shall be
  910  located within the Department of Community Affairs for
  911  administrative purposes. Members shall be appointed by the
  912  Governor subject to confirmation by the Senate. The commission
  913  shall be composed of 25 members, consisting of the following:
  914         (v) One member who is a representative of the green
  915  building industry and who is a third-party commission agent, a
  916  Florida board member of the United States Green Building Council
  917  or Green Building Initiative, a professional who is accredited
  918  under the International Green Construction Code (IGCC), or a
  919  professional who is accredited under Leadership in Energy and
  920  Environmental Design (LEED) LEED-accredited professional.
  921  
  922  Any person serving on the commission under paragraph (c) or
  923  paragraph (h) on October 1, 2003, and who has served less than
  924  two full terms is eligible for reappointment to the commission
  925  regardless of whether he or she meets the new qualification.
  926         Section 21. Subsection (5) of section 553.842, Florida
  927  Statutes, is amended to read:
  928         553.842 Product evaluation and approval.—
  929         (5) Statewide approval of products, methods, or systems of
  930  construction may be achieved by one of the following methods.
  931  One of these methods must be used by the commission to approve
  932  the following categories of products: panel walls, exterior
  933  doors, roofing, skylights, windows, shutters, and structural
  934  components as established by the commission by rule. Products
  935  advertised, sold, offered, provided, distributed, or marketed as
  936  hurricane, windstorm, or impact protection from wind-borne
  937  debris during a hurricane or windstorm must be approved in
  938  accordance with s. 553.842 or s. 553.8425.
  939         (a) Products for which the code establishes standardized
  940  testing or comparative or rational analysis methods shall be
  941  approved by submittal and validation of one of the following
  942  reports or listings indicating that the product or method or
  943  system of construction was evaluated to be in compliance with
  944  the Florida Building Code and that the product or method or
  945  system of construction is, for the purpose intended, at least
  946  equivalent to that required by the Florida Building Code:
  947         1. A certification mark or listing of an approved
  948  certification agency, which may be used only for products for
  949  which the code designates standardized testing;
  950         2. A test report from an approved testing laboratory;
  951         3. A product evaluation report based upon testing or
  952  comparative or rational analysis, or a combination thereof, from
  953  an approved product evaluation entity; or
  954         4. A product evaluation report based upon testing or
  955  comparative or rational analysis, or a combination thereof,
  956  developed and signed and sealed by a professional engineer or
  957  architect, licensed in this state.
  958  
  959  A product evaluation report or a certification mark or listing
  960  of an approved certification agency which demonstrates that the
  961  product or method or system of construction complies with the
  962  Florida Building Code for the purpose intended is shall be
  963  equivalent to a test report and test procedure as referenced in
  964  the Florida Building Code. An application for state approval of
  965  a product under subparagraph 1. must be approved by the
  966  department after the commission staff or a designee verifies
  967  that the application and related documentation are complete.
  968  This verification must be completed within 10 business days
  969  after receipt of the application. Upon approval by the
  970  department, the product shall be immediately added to the list
  971  of state-approved products maintained under subsection (13).
  972  Approvals by the department shall be reviewed and ratified by
  973  the commission’s program oversight committee except for a
  974  showing of good cause that a review by the full commission is
  975  necessary. The commission shall adopt rules providing means to
  976  cure deficiencies identified within submittals for products
  977  approved under this paragraph.
  978         (b) Products, methods, or systems of construction for which
  979  there are no specific standardized testing or comparative or
  980  rational analysis methods established in the code may be
  981  approved by submittal and validation of one of the following:
  982         1. A product evaluation report based upon testing or
  983  comparative or rational analysis, or a combination thereof, from
  984  an approved product evaluation entity indicating that the
  985  product or method or system of construction was evaluated to be
  986  in compliance with the intent of the Florida Building Code and
  987  that the product or method or system of construction is, for the
  988  purpose intended, at least equivalent to that required by the
  989  Florida Building Code; or
  990         2. A product evaluation report based upon testing or
  991  comparative or rational analysis, or a combination thereof,
  992  developed and signed and sealed by a professional engineer or
  993  architect, licensed in this state, who certifies that the
  994  product or method or system of construction is, for the purpose
  995  intended, at least equivalent to that required by the Florida
  996  Building Code.
  997         Section 22. Subsections (3), (4), and (5) of section
  998  553.909, Florida Statutes, are amended to read:
  999         553.909 Setting requirements for appliances; exceptions.—
 1000         (3) Commercial or residential swimming pool pumps or water
 1001  heaters manufactured on or after July 1, 2011, for installation
 1002  in this state must shall comply with the requirements of the
 1003  Florida Energy Efficiency Code for Building Construction this
 1004  subsection.
 1005         (a) Natural gas pool heaters shall not be equipped with
 1006  constantly burning pilots.
 1007         (b) Heat pump pool heaters shall have a coefficient of
 1008  performance at low temperature of not less than 4.0.
 1009         (c) The thermal efficiency of gas-fired pool heaters and
 1010  oil-fired pool heaters shall not be less than 78 percent.
 1011         (d) All pool heaters shall have a readily accessible on-off
 1012  switch that is mounted outside the heater and that allows
 1013  shutting off the heater without adjusting the thermostat
 1014  setting.
 1015         (4)(a) Residential swimming pool filtration pumps and pump
 1016  motors manufactured and sold on or after July 1, 2011, for
 1017  installation in this state must comply with the requirements of
 1018  the Florida Energy Efficiency Code for Building Construction in
 1019  this subsection.
 1020         (b) Residential filtration pool pump motors shall not be
 1021  split-phase, shaded-pole, or capacitor start-induction run
 1022  types.
 1023         (c) Residential filtration pool pumps and pool pump motors
 1024  with a total horsepower of 1 HP or more shall have the
 1025  capability of operating at two or more speeds with a low speed
 1026  having a rotation rate that is no more than one-half of the
 1027  motor’s maximum rotation rate.
 1028         (d) Residential filtration pool pump motor controls shall
 1029  have the capability of operating the pool pump at a minimum of
 1030  two speeds. The default circulation speed shall be the
 1031  residential filtration speed, with a higher speed override
 1032  capability being for a temporary period not to exceed one normal
 1033  cycle or 24 hours, whichever is less; except that circulation
 1034  speed for solar pool heating systems shall be permitted to run
 1035  at higher speeds during periods of usable solar heat gain.
 1036         (5) Portable electric spas manufactured and sold on or
 1037  after July 1, 2011, for installation in this state must comply
 1038  with the requirements of the Florida Energy Efficiency Code for
 1039  Building Construction spa standby power shall not be greater
 1040  than 5(V2/3) watts where V = the total volume, in gallons, when
 1041  spas are measured in accordance with the spa industry test
 1042  protocol.
 1043         Section 23. Paragraph (a) of subsection (2) of section
 1044  627.711, Florida Statutes, is amended to read:
 1045         627.711 Notice of premium discounts for hurricane loss
 1046  mitigation; uniform mitigation verification inspection form.—
 1047         (2)(a) The Financial Services Commission shall develop by
 1048  rule a uniform mitigation verification inspection form that
 1049  shall be used by all insurers when submitted by policyholders
 1050  for the purpose of factoring discounts for wind insurance. In
 1051  developing the form, the commission shall seek input from
 1052  insurance, construction, and building code representatives.
 1053  Further, the commission shall provide guidance as to the length
 1054  of time the inspection results are valid. An insurer shall
 1055  accept as valid a uniform mitigation verification form signed by
 1056  the following authorized mitigation inspectors:
 1057         1. A home inspector licensed under s. 468.8314 who has
 1058  completed at least 3 hours of hurricane mitigation training
 1059  approved by the Construction Industry Licensing Board which
 1060  includes hurricane mitigation techniques and compliance with the
 1061  uniform mitigation verification form and completion of a
 1062  proficiency exam. Thereafter, home inspectors licensed under s.
 1063  468.8314 must complete at least 2 hours of continuing education,
 1064  as part of the existing licensure renewal requirements each
 1065  year, related to mitigation inspection and the uniform
 1066  mitigation form;
 1067         2. A building code inspector certified under s. 468.607;
 1068         3. A general, building, or residential contractor licensed
 1069  under s. 489.111;
 1070         4. A professional engineer licensed under s. 471.015;
 1071         5. A professional architect licensed under s. 481.213; or
 1072         6. Any other individual or entity recognized by the insurer
 1073  as possessing the necessary qualifications to properly complete
 1074  a uniform mitigation verification form.
 1075         Section 24. This act shall take effect July 1, 2011.