Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 396
       
       
       
       
       
       
                                Barcode 740114                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/07/2011           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment to Amendment (342646) (with title
    2  amendment)
    3  
    4         Delete lines 601 - 603
    5  and insert:
    6         Section 15. Subsections (1), (2), (3), (9), and (15) of
    7  section 553.73, Florida Statutes, are amended to read:
    8         553.73 Florida Building Code.—
    9         (1)(a) The commission shall adopt, by rule pursuant to ss.
   10  120.536(1) and 120.54, the Florida Building Code and a Florida
   11  supplement to the International Code Council’s set of codes
   12  which contains or incorporates shall contain or incorporate by
   13  reference all laws and rules that which pertain to and govern
   14  the design, construction, erection, alteration, modification,
   15  repair, and demolition of public and private buildings,
   16  structures, and facilities and enforcement of such laws and
   17  rules, except as otherwise provided in this section.
   18         (a)(b) The technical portions of the Florida Accessibility
   19  Code for Building Construction shall be contained in their
   20  entirety in the Florida Building Code supplement to the
   21  International Accessibility Code. The civil rights portions and
   22  the technical portions of the accessibility laws of this state
   23  shall remain as currently provided by law. Any revision or
   24  amendments to the Florida Accessibility Code for Building
   25  Construction pursuant to part II shall be placed in the next
   26  edition of the supplement considered adopted by the commission
   27  as part of the Florida Building Code. Neither the commission nor
   28  any local government shall revise or amend any standard of the
   29  Florida Accessibility Code for Building Construction except as
   30  provided for in part II.
   31         (b)(c) The Florida Fire Prevention Code and the Life Safety
   32  Code shall be referenced in the Florida Building Code, but shall
   33  be adopted, modified, revised, or amended, interpreted, and
   34  maintained by the Department of Financial Services by rule
   35  adopted pursuant to ss. 120.536(1) and 120.54. The Florida
   36  Building Commission may not adopt a fire prevention or
   37  lifesafety code, and nothing in the Florida Building Code shall
   38  affect the statutory powers, duties, and responsibilities of any
   39  fire official or the Department of Financial Services.
   40         (c)(d) Conflicting requirements between the Florida
   41  Building Code and the Florida Fire Prevention Code and Life
   42  Safety Code of the state established pursuant to ss. 633.022 and
   43  633.025 shall be resolved by agreement between the commission
   44  and the State Fire Marshal in favor of the requirement that
   45  offers the greatest degree of lifesafety or alternatives that
   46  would provide an equivalent degree of lifesafety and an
   47  equivalent method of construction. If the commission and State
   48  Fire Marshal are unable to agree on a resolution, the question
   49  shall be referred to a mediator, mutually agreeable to both
   50  parties, to resolve the conflict in favor of the provision that
   51  offers the greatest lifesafety, or alternatives that would
   52  provide an equivalent degree of lifesafety and an equivalent
   53  method of construction.
   54         (d)(e) Subject to the provisions of this act,
   55  responsibility for enforcement, interpretation, and regulation
   56  of the Florida Building Code shall be vested in a specified
   57  local board or agency, and the terms words “local government”
   58  and “local governing body” as used in this part shall be
   59  construed to refer exclusively to such local board or agency.
   60         (2) The Florida Building Code and supplement must shall
   61  contain provisions or requirements for public and private
   62  buildings, structures, and facilities relative to structural,
   63  mechanical, electrical, plumbing, energy, and gas systems,
   64  existing buildings, historical buildings, manufactured
   65  buildings, elevators, coastal construction, lodging facilities,
   66  food sales and food service facilities, health care facilities,
   67  including assisted living facilities, adult day care facilities,
   68  hospice residential and inpatient facilities and units, and
   69  facilities for the control of radiation hazards, public or
   70  private educational facilities, swimming pools, and correctional
   71  facilities and enforcement of and compliance with such
   72  provisions or requirements. Further, the Florida Building Code
   73  and supplement must provide for uniform implementation of ss.
   74  515.25, 515.27, and 515.29 by including standards and criteria
   75  for residential swimming pool barriers, pool covers, latching
   76  devices, door and window exit alarms, and other equipment
   77  required therein, which are consistent with the intent of s.
   78  515.23, if such provisions are not otherwise covered in the
   79  International Swimming Pool and Spa Code. Technical provisions
   80  to be contained within the Florida Building Code are restricted
   81  to requirements related to the types of materials used and
   82  construction methods and standards employed in order to meet
   83  criteria specified in the Florida Building code. Provisions
   84  relating to the personnel, supervision or training of personnel,
   85  or any other professional qualification requirements relating to
   86  contractors or their workforce may not be included within the
   87  Florida Building Code, and subsections (4), (6), (7), (8), and
   88  (9) are not to be construed to allow the inclusion of such
   89  provisions within the Florida Building code by amendment. This
   90  restriction applies to both initial development and amendment of
   91  the Florida Building Code and supplement.
   92         (3) The commission shall use the International Codes
   93  published by the International Code Council, the National
   94  Electric Code (NFPA 70), or other nationally adopted model codes
   95  and standards needed to supplant or apply the base code in
   96  Florida select from available national or international model
   97  building codes, or other available building codes and standards
   98  currently recognized by the laws of this state, to form the
   99  foundation for building code standards and the Florida Building
  100  Code and supplement. The commission may modify the selected
  101  model codes and standards as needed to accommodate the specific
  102  needs of this state. Standards or criteria referenced by the
  103  selected model codes shall be similarly incorporated by
  104  reference. If a referenced standard or criterion requires
  105  amplification or modification to be appropriate for use in this
  106  state, only the amplification or modification shall be
  107  specifically set forth in the Florida Building Code. The Florida
  108  Building Commission may approve technical amendments to the
  109  code, subject to the requirements of subsections (8) and (9),
  110  after the amendments have been subject to the following
  111  conditions:
  112         (a) The proposed amendment has been published on the
  113  commission’s website for a minimum of 45 days and all the
  114  associated documentation has been made available to any
  115  interested party before any consideration by a any technical
  116  advisory committee;
  117         (b) In order for a technical advisory committee to make a
  118  favorable recommendation to the commission, the proposal must
  119  receive a three-fourths vote of the members present at the
  120  technical advisory committee meeting and at least half of the
  121  regular members must be present in order to conduct a meeting;
  122         (c) After technical advisory committee consideration and a
  123  recommendation for approval of any proposed amendment, the
  124  proposal must be published on the commission’s website for at
  125  least not less than 45 days before any consideration by the
  126  commission; and
  127         (d) A Any proposal may be modified by the commission based
  128  on public testimony and evidence from a public hearing held in
  129  accordance with chapter 120.
  130  
  131  The commission shall incorporate within sections of the Florida
  132  Building Code provisions which address regional and local
  133  concerns and variations. The commission shall make every effort
  134  to minimize conflicts between the Florida Building Code, the
  135  Florida Fire Prevention Code, and the Life Safety Code.
  136         (9)(a) The commission may approve technical amendments to
  137  the Florida Building Code once each year for statewide or
  138  regional application upon a finding that the amendment:
  139         1. Is needed in order to accommodate the specific needs of
  140  this state.
  141         2. Has a reasonable and substantial connection with the
  142  health, safety, and welfare of the general public.
  143         3. Strengthens or improves the Florida Building Code, or in
  144  the case of innovation or new technology, will provide
  145  equivalent or better products or methods or systems of
  146  construction.
  147         4. Does not discriminate against materials, products,
  148  methods, or systems of construction of demonstrated
  149  capabilities.
  150         5. Does not degrade the effectiveness of the Florida
  151  Building Code.
  152  
  153  Furthermore, The Florida Building Commission may also approve
  154  technical amendments to the code once every 3 years in order
  155  each year to incorporate into the Florida Building Code its own
  156  interpretations of the code which are embodied in its opinions,
  157  final orders, declaratory statements, and interpretations of
  158  hearing officer panels under s. 553.775(3)(c), but shall do so
  159  only to the extent that the incorporation of interpretations is
  160  needed to modify the foundation codes to accommodate the
  161  specific needs of this state. Amendments approved under this
  162  paragraph shall be adopted by rule pursuant to ss. 120.536(1)
  163  and 120.54, after the amendments have been subjected to the
  164  provisions of subsection (3).
  165         (b) A proposed amendment must shall include a fiscal impact
  166  statement that which documents the costs and benefits of the
  167  proposed amendment. Criteria for the fiscal impact statement
  168  shall be established by rule by the commission and shall include
  169  the impact to local government relative to enforcement, the
  170  impact to property and building owners, and the impact as well
  171  as to industry, relative to the cost of compliance. A proposed
  172  amendment to the base code must also include specific
  173  justifications for why this state is different from other areas
  174  that have adopted the base code and why the proposed amendment
  175  applies to this state and no other area or region where the base
  176  code has been adopted.
  177         (c) The commission may not approve a any proposed amendment
  178  that does not accurately and completely address all requirements
  179  for amendment which are set forth in this section. The
  180  commission shall require all proposed amendments and information
  181  submitted with proposed amendments to be reviewed by commission
  182  staff or appropriate professional or organizational entities
  183  involved in the enforcement of building codes in this state
  184  where the amendment will apply before being considered prior to
  185  consideration by a any technical advisory committee. These
  186  reviews shall be for sufficiency only and are not intended to be
  187  qualitative in nature. Staff members shall reject any proposed
  188  amendment that fails to include a fiscal impact statement.
  189  Proposed amendments rejected by members of the reviewing entity
  190  staff may not be considered by the commission or any technical
  191  advisory committee.
  192         (d) Provisions of the Florida Building Code, including
  193  those contained in referenced standards and criteria, relating
  194  to wind resistance or the prevention of water intrusion may not
  195  be amended pursuant to this subsection to diminish those
  196  construction requirements; however, the commission may, subject
  197  to conditions in this subsection, amend the provisions to
  198  enhance those construction requirements.
  199  
  200  ================= T I T L E  A M E N D M E N T ================
  201         And the title is amended as follows:
  202         After line 881
  203  insert:
  204         requirements relating to the Florida Building Code;
  205         providing for a supplement to the code; specifying
  206         national codes to form the foundation for state
  207         building standards and codes; revising how often the
  208         Florida Building Commission may approve technical
  209         amendments to the code; requiring proposed amendments
  210         to base codes to provide justifications; requiring
  211         professional or organizational entities to review
  212         proposed amendments; revising