Florida Senate - 2011 CS for CS for SB 396
By the Committees on Regulated Industries; and Community
Affairs; and Senator Bennett
580-02578-11 2011396c2
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; amending s. 161.053, F.S.; prohibiting
6 the Florida Building Commission from adopting rules
7 that limit any exceptions or exemptions provided for
8 modifications or repairs of existing structures within
9 the limits of an existing foundation under certain
10 circumstances; amending s. 255.252, F.S.; conforming
11 provisions to changes made by the act; amending s.
12 255.253, F.S.; redefining the term “sustainable
13 building rating” to include the International Green
14 Construction Code; amending ss. 255.257 and 255.2575,
15 F.S.; requiring that state agencies, local
16 governments, and the court system adopt a sustainable
17 building rating system for new and renovated
18 buildings; amending s. 468.8316, F.S.; revising the
19 continuing education requirements for licensed home
20 inspectors; amending s. 468.8319, F.S.; deleting an
21 exemption for certain contractors from the prohibition
22 against performing repairs on a home that has a home
23 inspection report; deleting an obsolete provision;
24 amending s. 468.8323, F.S.; clarifying a provision
25 relating to the contents of a home inspection report;
26 amending s. 468.8324, F.S.; providing alternative
27 criteria for obtaining a home inspector’s license;
28 removing certain application requirements for a person
29 who performs home inspection services and who
30 qualifies for licensure on or before a specified date;
31 amending s. 468.841, F.S.; adding licensed home
32 inspectors to those who are exempt from complying with
33 provisions related to mold assessment; amending s.
34 481.329, F.S.; providing that part II of ch. 481,
35 F.S., does not preclude any person who engages in the
36 business of landscape design from submitting such
37 plans to governmental agencies for approval; amending
38 s. 489.103, F.S.; clarifying an exemption from
39 construction contracting regulation relating to
40 Habitat for Humanity; amending s. 489.105, F.S.;
41 adding the term “glass and glazing contractors” to the
42 definition of the term “contractor”; amending ss.
43 489.107 and 489.141, F.S.; conforming cross
44 references; amending s. 514.028, F.S.; revising the
45 composition of the advisory review board relating to
46 public swimming pools and bathing facilities; amending
47 s. 527.06, F.S.; prohibiting the Department of
48 Agriculture and Consumer Services and other state
49 agencies from requiring compliance with certain
50 national standards for liquefied petroleum gas tanks
51 unless the department or agencies require compliance
52 with a specified edition of the national standards;
53 providing for repeal under certain circumstances;
54 amending s. 527.21, F.S.; revising the term “propane”
55 for purposes of the Florida Propane Gas Education,
56 Safety, and Research Act, to incorporate changes to
57 certain national standards in a reference thereto;
58 amending s. 553.502, F.S.; revising intent with
59 respect to the Florida Americans with Disabilities
60 Act; amending s. 553.503, F.S.; incorporating the
61 Americans with Disabilities Act Standards for
62 Accessible Design into state law by reference and
63 directing that they be adopted by rule into the
64 Florida Accessibility Code for Building Construction;
65 amending s. 553.504, F.S.; revising exceptions to
66 incorporate the standards; amending s. 553.5041, F.S.;
67 revising provisions relating to parking spaces for
68 persons who have disabilities to incorporate the
69 standards; amending ss. 553.505 and 553.506, F.S.;
70 conforming provisions to changes made by the act;
71 amending s. 553.507, F.S.; providing for the
72 applicability of the act; amending s. 553.509, F.S.;
73 revising provisions relating to vertical accessibility
74 to incorporate the standards; providing that buildings
75 and facilities in this state do not have to comply
76 with the changes provided by this act until the
77 Florida Accessibility Code for Building Construction
78 is updated; amending s. 553.73, F.S.; revising
79 requirements relating to the Florida Building Code;
80 providing for a supplement to the code; specifying
81 national codes to form the foundation for state
82 building standards and codes; revising how often the
83 Florida Building Commission may approve technical
84 amendments to the code; requiring proposed amendments
85 to base codes to provide justifications; revising
86 requirements relating to the installation of
87 mechanical equipment on a roof; amending s. 553.74,
88 F.S.; revising requirements for selecting a member of
89 the Florida Building Commission; amending s. 553.842,
90 F.S.; providing for the approval of certain windstorm
91 products; providing a cause of action against any
92 person who advertises, sells, offers, provides,
93 distributes, or markets certain products without
94 approval; amending s. 553.909, F.S.; revising the
95 requirements for certain pool-related equipment;
96 amending s. 627.711, F.S.; revising requirements
97 relating to home inspectors conducting hurricane
98 mitigation inspections; providing an effective date.
99
100 Be It Enacted by the Legislature of the State of Florida:
101
102 Section 1. Paragraph (d) is added to subsection (16) of
103 section 120.80, Florida Statutes, to read:
104 120.80 Exceptions and special requirements; agencies.—
105 (16) FLORIDA BUILDING COMMISSION.—
106 (d) Rule proceedings relating to updates and modifications
107 of the Florida Building Code pursuant to s. 553.73 are exempt
108 from ss. 120.541(3)(b) and 120.541(3).
109 Section 2. Paragraph (a) of subsection (11) of section
110 161.053, Florida Statutes, is amended to read:
111 161.053 Coastal construction and excavation; regulation on
112 county basis.—
113 (11)(a) The coastal construction control requirements
114 defined in subsection (1) and the requirements of the erosion
115 projections in subsection (5) do not apply to any modification,
116 maintenance, or repair of any existing structure within the
117 limits of the existing foundation which does not require,
118 involve, or include any additions to, or repair or modification
119 of, the existing foundation of that structure. Specifically
120 excluded from this exemption are seawalls or other rigid coastal
121 or shore protection structures and any additions or enclosures
122 added, constructed, or installed below the first dwelling floor
123 or lowest deck of the existing structure. The Florida Building
124 Commission may not adopt any rule having the effect of limiting
125 any exceptions or exemptions contained within this paragraph.
126 Section 3. Subsections (3) and (4) of section 255.252,
127 Florida Statutes, are amended to read:
128 255.252 Findings and intent.—
129 (3) In order for that such energy-efficiency and
130 sustainable materials considerations to become a function of
131 building design and a model for future application in the
132 private sector, it is shall be the policy of the state that
133 buildings constructed and financed by the state be designed and
134 constructed to comply with a sustainable building rating the
135 United States Green Building Council (USGBC) Leadership in
136 Energy and Environmental Design (LEED) rating system, the Green
137 Building Initiative’s Green Globes rating system, the Florida
138 Green Building Coalition standards, or a nationally recognized,
139 high-performance green building rating system as approved by the
140 department. It is further the policy of the state, if when
141 economically feasible, to retrofit existing state-owned
142 buildings in a manner that minimizes which will minimize the
143 consumption of energy used in the operation and maintenance of
144 such buildings.
145 (4) In addition to designing and constructing new buildings
146 to be energy-efficient, it is shall be the policy of the state
147 to operate and maintain state facilities in a manner that
148 minimizes which will minimize energy consumption and maximizes
149 maximize building sustainability, and to operate as well as
150 ensure that facilities leased by the state are operated so as to
151 minimize energy use. It is further the policy of the state that
152 the renovation of existing state facilities be in accordance
153 with a sustainable building rating the United States Green
154 Building Council (USGBC) Leadership in Energy and Environmental
155 Design (LEED) rating system, the Green Building Initiative’s
156 Green Globes rating system, the Florida Green Building Coalition
157 standards, or a nationally recognized, high-performance green
158 building rating system as approved by the department. State
159 agencies are encouraged to consider shared savings financing of
160 such energy-efficiency and conservation projects, using
161 contracts that which split the resulting savings for a specified
162 period of time between the state agency and the private firm or
163 cogeneration contracts and that which otherwise permit the state
164 to lower its net energy costs. Such energy contracts may be
165 funded from the operating budget.
166 Section 4. Subsection (7) of section 255.253, Florida
167 Statutes, is amended to read:
168 255.253 Definitions; ss. 255.251-255.258.—
169 (7) “Sustainable building rating” means a rating
170 established by the United States Green Building Council (USGBC)
171 Leadership in Energy and Environmental Design (LEED) rating
172 system, the International Green Construction Code (IGCC), the
173 Green Building Initiative’s Green Globes rating system, the
174 Florida Green Building Coalition standards, or a nationally
175 recognized, high-performance green building rating system as
176 approved by the department.
177 Section 5. Subsection (4) of section 255.257, Florida
178 Statutes, is amended to read:
179 255.257 Energy management; buildings occupied by state
180 agencies.—
181 (4) ADOPTION OF STANDARDS.—
182 (a) All state agencies shall adopt a sustainable building
183 rating system the United States Green Building Council (USGBC)
184 Leadership in Energy and Environmental Design (LEED) rating
185 system, the Green Building Initiative’s Green Globes rating
186 system, the Florida Green Building Coalition standards, or a
187 nationally recognized, high-performance green building rating
188 system as approved by the department for all new buildings and
189 renovations to existing buildings.
190 (b) No state agency shall enter into new leasing agreements
191 for office space that does not meet Energy Star building
192 standards, except when determined by the appropriate state
193 agency head determines that no other viable or cost-effective
194 alternative exists.
195 (c) All state agencies shall develop energy conservation
196 measures and guidelines for new and existing office space where
197 state agencies occupy more than 5,000 square feet. These
198 conservation measures shall focus on programs that may reduce
199 energy consumption and, when established, provide a net
200 reduction in occupancy costs.
201 Section 6. Subsection (2) of section 255.2575, Florida
202 Statutes, is amended to read:
203 255.2575 Energy-efficient and sustainable buildings.—
204 (2) All county, municipal, school district, water
205 management district, state university, community college, and
206 Florida state court buildings shall be constructed to comply
207 with a sustainable building rating system meet the United States
208 Green Building Council (USGBC) Leadership in Energy and
209 Environmental Design (LEED) rating system, the Green Building
210 Initiative’s Green Globes rating system, the Florida Green
211 Building Coalition standards, or a nationally recognized, high
212 performance green building rating system as approved by the
213 Department of Management Services. This section applies shall
214 apply to all county, municipal, school district, water
215 management district, state university, community college, and
216 Florida state court buildings the architectural plans of which
217 are commenced after July 1, 2008.
218 Section 7. Subsection (1) of section 468.8316, Florida
219 Statutes, is amended to read:
220 468.8316 Continuing education.—
221 (1) The department may not renew a license until the
222 licensee submits proof satisfactory to the department that
223 during the 2 years before prior to his or her application for
224 renewal the licensee has completed at least 14 hours of
225 continuing education. Of the 14 hours, at least 2 hours must be
226 in hurricane mitigation training that includes hurricane
227 mitigation techniques and compliance with the uniform mitigation
228 verification inspection form developed under s. 627.711(2). The
229 department shall adopt rules establishing criteria for approving
230 continuing education providers and courses course content shall
231 be approved by the department by rule.
232 Section 8. Paragraph (f) of subsection (1) and subsection
233 (3) of section 468.8319, Florida Statutes, are amended to read
234 468.8319 Prohibitions; penalties.—
235 (1) A person may not:
236 (f) Perform or offer to perform any repairs to a home on
237 which the inspector or the inspector’s company has prepared a
238 home inspection report. This paragraph does not apply to:
239 1. a home warranty company that is affiliated with or
240 retains a home inspector to perform repairs pursuant to a claim
241 made under a home warranty contract.
242 2. A certified contractor who is classified in s.
243 489.105(3) as a Division I contractor. However, the department
244 may adopt rules requiring that, if such contractor performs the
245 home inspection and offers to perform the repairs, the contract
246 for repairs provided to the homeowner discloses that he or she
247 has the right to request competitive bids.
248 (3) This section does not apply to unlicensed activity as
249 described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
250 that occurs before July 1, 2011.
251 Section 9. Paragraph (b) of subsection (1) of section
252 468.8323, Florida Statutes, is amended to read:
253 468.8323 Home inspection report.—Upon completion of each
254 home inspection for compensation, the home inspector shall
255 provide a written report prepared for the client.
256 (1) The home inspector shall report:
257 (b) If not self-evident, a reason why the system or
258 component reported under paragraph (a) is significantly
259 deficient or near the end of its service life.
260 Section 10. Section 468.8324, Florida Statutes, is amended
261 to read:
262 468.8324 Grandfather clause.—
263 (1) A person who performs home inspection services may
264 qualify for licensure as a home inspector under this part if the
265 person submits an application to the department postmarked on or
266 before July 1, 2012, which shows that the applicant:
267 (a) Possesses certification as a one- and two-family
268 dwelling inspector issued by the International Code Council or
269 the Southern Building Code Congress International;
270 (b) Has been certified as a one- and two-family dwelling
271 inspector by the Florida Building Code Administrators and
272 Inspectors Board under part XII of this chapter; or
273 (c) Possesses a Division I contractor license under part I
274 of chapter 489, a Division II certified air-conditioning
275 contractor license under part I of chapter 489, and an
276 electrical contractor license under part II of chapter 489.
277 (1) A person who performs home inspection services as
278 defined in this part may qualify for licensure by the department
279 as a home inspector if the person submits an application to the
280 department postmarked on or before March 1, 2011, which shows
281 that the applicant:
282 (a) Is certified as a home inspector by a state or national
283 association that requires, for such certification, successful
284 completion of a proctored examination on home inspection
285 services and completes at least 14 hours of verifiable education
286 on such services; or
287 (b) Has at least 3 years of experience as a home inspector
288 at the time of application and has completed 14 hours of
289 verifiable education on home inspection services. To establish
290 the 3 years of experience, an applicant must submit at least 120
291 home inspection reports prepared by the applicant.
292 (2) The department may investigate the validity of a home
293 inspection report submitted under paragraph (1)(b) and, if the
294 applicant submits a false report, may take disciplinary action
295 against the applicant under s. 468.832(1)(e) or (g).
296 (2)(3) An applicant may not qualify for licensure under
297 this section if he or she has had a home inspector license or a
298 license in any related field revoked at any time or suspended
299 within the previous 5 years or has been assessed a fine that
300 exceeds $500 within the previous 5 years. For purposes of this
301 subsection, a license in a related field includes, but is not
302 limited to, licensure in real estate, construction, mold-related
303 services, or building code administration or inspection.
304 (3)(4) An applicant for licensure under this section must
305 comply with the criminal history, good moral character, and
306 insurance requirements of this part.
307 Section 11. Paragraph (d) of subsection (1) of section
308 468.841, Florida Statutes, is amended to read:
309 468.841 Exemptions.—
310 (1) The following persons are not required to comply with
311 any provisions of this part relating to mold assessment:
312 (d) Persons or business organizations acting within the
313 scope of the respective licenses required under part XV of
314 chapter 468, chapter 471, part I of chapter 481, chapter 482,
315 chapter 489, or part XV of this chapter, are acting on behalf of
316 an insurer under part VI of chapter 626, or are persons in the
317 manufactured housing industry who are licensed under chapter
318 320, except when any such persons or business organizations hold
319 themselves out for hire to the public as a “certified mold
320 assessor,” “registered mold assessor,” “licensed mold assessor,”
321 “mold assessor,” “professional mold assessor,” or any
322 combination thereof stating or implying licensure under this
323 part.
324 Section 12. Subsection (5) of section 481.329, Florida
325 Statutes, is amended to read:
326 481.329 Exceptions; exemptions from licensure.—
327 (5) Nothing in this part prohibits any person from engaging
328 in the practice of landscape design, as defined in s.
329 481.303(7), nor submitting such plans to governmental agencies
330 for approval. Persons providing landscape design services shall
331 not use the title, term, or designation “landscape architect,”
332 “landscape architectural,” “landscape architecture,” “L.A.,”
333 “landscape engineering,” or any description tending to convey
334 the impression that she or he is a landscape architect unless
335 she or he is registered as provided in this part.
336 Section 13. Subsection (18) of section 489.103, Florida
337 Statutes, is amended to read:
338 489.103 Exemptions.—This part does not apply to:
339 (18) Any one-family, two-family, or three-family residence
340 constructed or rehabilitated by Habitat for Humanity
341 International, Inc., or its local affiliates. Habitat for
342 Humanity International, Inc., or its local affiliates, must:
343 (a) Obtain all necessary building permits.
344 (b) Obtain all required building code inspections.
345 (c) Provide for supervision of all work by an individual
346 with construction experience.
347 Section 14. Subsection (3) of section 489.105, Florida
348 Statutes, is amended to read
349 489.105 Definitions.—As used in this part:
350 (3) “Contractor” means the person who is qualified for, and
351 is shall only be responsible for, the project contracted for and
352 means, except as exempted in this part, the person who, for
353 compensation, undertakes to, submits a bid to, or does himself
354 or herself or by others construct, repair, alter, remodel, add
355 to, demolish, subtract from, or improve any building or
356 structure, including related improvements to real estate, for
357 others or for resale to others; and whose job scope is
358 substantially similar to the job scope described in one of the
359 subsequent paragraphs of this subsection. For the purposes of
360 regulation under this part, “demolish” applies only to
361 demolition of steel tanks over 50 feet in height; towers over 50
362 feet in height; other structures over 50 feet in height, other
363 than buildings or residences over three stories tall; and
364 buildings or residences over three stories tall. Contractors are
365 subdivided into two divisions, Division I, consisting of those
366 contractors defined in paragraphs (a)-(c), and Division II,
367 consisting of those contractors defined in paragraphs (d)-(r)
368 (d)-(q):
369 (a) “General contractor” means a contractor whose services
370 are unlimited as to the type of work which he or she may do, who
371 may contract for any activity requiring licensure under this
372 part, and who may perform any work requiring licensure under
373 this part, except as otherwise expressly provided in s. 489.113.
374 (b) “Building contractor” means a contractor whose services
375 are limited to construction of commercial buildings and single
376 dwelling or multiple-dwelling residential buildings, which
377 commercial or residential buildings do not exceed three stories
378 in height, and accessory use structures in connection therewith
379 or a contractor whose services are limited to remodeling,
380 repair, or improvement of any size building if the services do
381 not affect the structural members of the building.
382 (c) “Residential contractor” means a contractor whose
383 services are limited to construction, remodeling, repair, or
384 improvement of one-family, two-family, or three-family
385 residences not exceeding two habitable stories above no more
386 than one uninhabitable story and accessory use structures in
387 connection therewith.
388 (d) “Sheet metal contractor” means a contractor whose
389 services are unlimited in the sheet metal trade and who has the
390 experience, knowledge, and skill necessary for the manufacture,
391 fabrication, assembling, handling, erection, installation,
392 dismantling, conditioning, adjustment, insulation, alteration,
393 repair, servicing, or design, if when not prohibited by law, of
394 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
395 equivalent or lighter gauge and of other materials, including,
396 but not limited to, fiberglass, used in lieu thereof and of air
397 handling systems, including the setting of air-handling
398 equipment and reinforcement of same, the balancing of air
399 handling systems, and any duct cleaning and equipment sanitizing
400 that which requires at least a partial disassembling of the
401 system.
402 (e) “Roofing contractor” means a contractor whose services
403 are unlimited in the roofing trade and who has the experience,
404 knowledge, and skill to install, maintain, repair, alter,
405 extend, or design, if when not prohibited by law, and use
406 materials and items used in the installation, maintenance,
407 extension, and alteration of all kinds of roofing,
408 waterproofing, and coating, except when coating is not
409 represented to protect, repair, waterproof, stop leaks, or
410 extend the life of the roof. The scope of work of a roofing
411 contractor also includes required roof-deck attachments and any
412 repair or replacement of wood roof sheathing or fascia as needed
413 during roof repair or replacement.
414 (f) “Class A air-conditioning contractor” means a
415 contractor whose services are unlimited in the execution of
416 contracts requiring the experience, knowledge, and skill to
417 install, maintain, repair, fabricate, alter, extend, or design,
418 if when not prohibited by law, central air-conditioning,
419 refrigeration, heating, and ventilating systems, including duct
420 work in connection with a complete system if only to the extent
421 such duct work is performed by the contractor as is necessary to
422 make complete an air-distribution system, boiler and unfired
423 pressure vessel systems, and all appurtenances, apparatus, or
424 equipment used in connection therewith, and any duct cleaning
425 and equipment sanitizing that which requires at least a partial
426 disassembling of the system; to install, maintain, repair,
427 fabricate, alter, extend, or design, if when not prohibited by
428 law, piping, insulation of pipes, vessels and ducts, pressure
429 and process piping, and pneumatic control piping; to replace,
430 disconnect, or reconnect power wiring on the load side of the
431 dedicated existing electrical disconnect switch; to install,
432 disconnect, and reconnect low voltage heating, ventilating, and
433 air-conditioning control wiring; and to install a condensate
434 drain from an air-conditioning unit to an existing safe waste or
435 other approved disposal other than a direct connection to a
436 sanitary system. The scope of work for such contractor shall
437 also includes include any excavation work incidental thereto,
438 but does shall not include any work such as liquefied petroleum
439 or natural gas fuel lines within buildings, except for
440 disconnecting or reconnecting changeouts of liquefied petroleum
441 or natural gas appliances within buildings; potable water lines
442 or connections thereto; sanitary sewer lines; swimming pool
443 piping and filters; or electrical power wiring.
444 (g) “Class B air-conditioning contractor” means a
445 contractor whose services are limited to 25 tons of cooling and
446 500,000 Btu of heating in any one system in the execution of
447 contracts requiring the experience, knowledge, and skill to
448 install, maintain, repair, fabricate, alter, extend, or design,
449 if when not prohibited by law, central air-conditioning,
450 refrigeration, heating, and ventilating systems, including duct
451 work in connection with a complete system only to the extent
452 such duct work is performed by the contractor as is necessary to
453 make complete an air-distribution system being installed under
454 this classification, and any duct cleaning and equipment
455 sanitizing that which requires at least a partial disassembling
456 of the system; to install, maintain, repair, fabricate, alter,
457 extend, or design, if when not prohibited by law, piping and
458 insulation of pipes, vessels, and ducts; to replace, disconnect,
459 or reconnect power wiring on the load side of the dedicated
460 existing electrical disconnect switch; to install, disconnect,
461 and reconnect low voltage heating, ventilating, and air
462 conditioning control wiring; and to install a condensate drain
463 from an air-conditioning unit to an existing safe waste or other
464 approved disposal other than a direct connection to a sanitary
465 system. The scope of work for such contractor shall also
466 includes include any excavation work incidental thereto, but
467 does shall not include any work such as liquefied petroleum or
468 natural gas fuel lines within buildings, except for
469 disconnecting or reconnecting changeouts of liquefied petroleum
470 or natural gas appliances within buildings; potable water lines
471 or connections thereto; sanitary sewer lines; swimming pool
472 piping and filters; or electrical power wiring.
473 (h) “Class C air-conditioning contractor” means a
474 contractor whose business is limited to the servicing of air
475 conditioning, heating, or refrigeration systems, including any
476 duct cleaning and equipment sanitizing that which requires at
477 least a partial disassembling of the system, and whose
478 certification or registration, issued pursuant to this part, was
479 valid on October 1, 1988. Only a No person who was not
480 previously registered or certified as a Class C air-conditioning
481 contractor as of October 1, 1988, shall be so registered or
482 certified after October 1, 1988. However, the board shall
483 continue to license and regulate those Class C air-conditioning
484 contractors who held Class C licenses before prior to October 1,
485 1988.
486 (i) “Mechanical contractor” means a contractor whose
487 services are unlimited in the execution of contracts requiring
488 the experience, knowledge, and skill to install, maintain,
489 repair, fabricate, alter, extend, or design, if when not
490 prohibited by law, central air-conditioning, refrigeration,
491 heating, and ventilating systems, including duct work in
492 connection with a complete system if only to the extent such
493 duct work is performed by the contractor as is necessary to make
494 complete an air-distribution system, boiler and unfired pressure
495 vessel systems, lift station equipment and piping, and all
496 appurtenances, apparatus, or equipment used in connection
497 therewith, and any duct cleaning and equipment sanitizing that
498 which requires at least a partial disassembling of the system;
499 to install, maintain, repair, fabricate, alter, extend, or
500 design, if when not prohibited by law, piping, insulation of
501 pipes, vessels and ducts, pressure and process piping, pneumatic
502 control piping, gasoline tanks and pump installations and piping
503 for same, standpipes, air piping, vacuum line piping, oxygen
504 lines, nitrous oxide piping, ink and chemical lines, fuel
505 transmission lines, liquefied petroleum gas lines within
506 buildings, and natural gas fuel lines within buildings; to
507 replace, disconnect, or reconnect power wiring on the load side
508 of the dedicated existing electrical disconnect switch; to
509 install, disconnect, and reconnect low voltage heating,
510 ventilating, and air-conditioning control wiring; and to install
511 a condensate drain from an air-conditioning unit to an existing
512 safe waste or other approved disposal other than a direct
513 connection to a sanitary system. The scope of work for such
514 contractor shall also includes include any excavation work
515 incidental thereto, but does shall not include any work such as
516 potable water lines or connections thereto, sanitary sewer
517 lines, swimming pool piping and filters, or electrical power
518 wiring.
519 (j) “Commercial pool/spa contractor” means a contractor
520 whose scope of work involves, but is not limited to, the
521 construction, repair, and servicing of any swimming pool, or hot
522 tub or spa, whether public, private, or otherwise, regardless of
523 use. The scope of work includes the installation, repair, or
524 replacement of existing equipment, any cleaning or equipment
525 sanitizing that which requires at least a partial disassembling,
526 excluding filter changes, and the installation of new pool/spa
527 equipment, interior finishes, the installation of package pool
528 heaters, the installation of all perimeter piping and filter
529 piping, and the construction of equipment rooms or housing for
530 pool/spa equipment, and also includes the scope of work of a
531 swimming pool/spa servicing contractor. The scope of such work
532 does not include direct connections to a sanitary sewer system
533 or to potable water lines. The installation, construction,
534 modification, or replacement of equipment permanently attached
535 to and associated with the pool or spa for the purpose of water
536 treatment or cleaning of the pool or spa requires licensure;
537 however, the usage of such equipment for the purposes of water
538 treatment or cleaning does shall not require licensure unless
539 the usage involves construction, modification, or replacement of
540 such equipment. Water treatment that does not require such
541 equipment does not require a license. In addition, a license is
542 shall not be required for the cleaning of the pool or spa in a
543 any way that does not affect the structural integrity of the
544 pool or spa or its associated equipment.
545 (k) “Residential pool/spa contractor” means a contractor
546 whose scope of work involves, but is not limited to, the
547 construction, repair, and servicing of a any residential
548 swimming pool, or hot tub or spa, regardless of use. The scope
549 of work includes the installation, repair, or replacement of
550 existing equipment, any cleaning or equipment sanitizing that
551 which requires at least a partial disassembling, excluding
552 filter changes, and the installation of new pool/spa equipment,
553 interior finishes, the installation of package pool heaters, the
554 installation of all perimeter piping and filter piping, and the
555 construction of equipment rooms or housing for pool/spa
556 equipment, and also includes the scope of work of a swimming
557 pool/spa servicing contractor. The scope of such work does not
558 include direct connections to a sanitary sewer system or to
559 potable water lines. The installation, construction,
560 modification, or replacement of equipment permanently attached
561 to and associated with the pool or spa for the purpose of water
562 treatment or cleaning of the pool or spa requires licensure;
563 however, the usage of such equipment for the purposes of water
564 treatment or cleaning does shall not require licensure unless
565 the usage involves construction, modification, or replacement of
566 such equipment. Water treatment that does not require such
567 equipment does not require a license. In addition, a license is
568 shall not be required for the cleaning of the pool or spa in a
569 any way that does not affect the structural integrity of the
570 pool or spa or its associated equipment.
571 (l) “Swimming pool/spa servicing contractor” means a
572 contractor whose scope of work involves, but is not limited to,
573 the repair and servicing of a any swimming pool, or hot tub or
574 spa, whether public or private, or otherwise, regardless of use.
575 The scope of work includes the repair or replacement of existing
576 equipment, any cleaning or equipment sanitizing that which
577 requires at least a partial disassembling, excluding filter
578 changes, and the installation of new pool/spa equipment,
579 interior refinishing, the reinstallation or addition of pool
580 heaters, the repair or replacement of all perimeter piping and
581 filter piping, the repair of equipment rooms or housing for
582 pool/spa equipment, and the substantial or complete draining of
583 a swimming pool, or hot tub or spa, for the purpose of any
584 repair or renovation. The scope of such work does not include
585 direct connections to a sanitary sewer system or to potable
586 water lines. The installation, construction, modification,
587 substantial or complete disassembly, or replacement of equipment
588 permanently attached to and associated with the pool or spa for
589 the purpose of water treatment or cleaning of the pool or spa
590 requires licensure; however, the usage of such equipment for the
591 purposes of water treatment or cleaning does shall not require
592 licensure unless the usage involves construction, modification,
593 substantial or complete disassembly, or replacement of such
594 equipment. Water treatment that does not require such equipment
595 does not require a license. In addition, a license is shall not
596 be required for the cleaning of the pool or spa in a any way
597 that does not affect the structural integrity of the pool or spa
598 or its associated equipment.
599 (m) “Plumbing contractor” means a contractor whose
600 contracting business consists of the execution of contracts
601 requiring the experience, financial means, knowledge, and skill
602 to install, maintain, repair, alter, extend, or, if when not
603 prohibited by law, design plumbing. A plumbing contractor may
604 install, maintain, repair, alter, extend, or, if when not
605 prohibited by law, design the following without obtaining an any
606 additional local regulatory license, certificate, or
607 registration: sanitary drainage or storm drainage facilities;
608 venting systems; public or private water supply systems; septic
609 tanks; drainage and supply wells; swimming pool piping;
610 irrigation systems; or solar heating water systems and all
611 appurtenances, apparatus, or equipment used in connection
612 therewith, including boilers and pressure process piping and
613 including the installation of water, natural gas, liquefied
614 petroleum gas and related venting, and storm and sanitary sewer
615 lines; and water and sewer plants and substations. The scope of
616 work of the plumbing contractor also includes the design, if
617 when not prohibited by law, and installation, maintenance,
618 repair, alteration, or extension of air-piping, vacuum line
619 piping, oxygen line piping, nitrous oxide piping, and all
620 related medical gas systems; fire line standpipes and fire
621 sprinklers if to the extent authorized by law; ink and chemical
622 lines; fuel oil and gasoline piping and tank and pump
623 installation, except bulk storage plants; and pneumatic control
624 piping systems, all in such a manner that complies as to comply
625 with all plans, specifications, codes, laws, and regulations
626 applicable. The scope of work of the plumbing contractor applies
627 shall apply to private property and public property, including
628 shall include any excavation work incidental thereto, and
629 includes shall include the work of the specialty plumbing
630 contractor. Such contractor shall subcontract, with a qualified
631 contractor in the field concerned, all other work incidental to
632 the work but which is specified herein as being the work of a
633 trade other than that of a plumbing contractor. Nothing in This
634 definition does not shall be construed to limit the scope of
635 work of any specialty contractor certified pursuant to s.
636 489.113(6), and does not. Nothing in this definition shall be
637 construed to require certification or registration under this
638 part of any authorized employee of a public natural gas utility
639 or of a private natural gas utility regulated by the Public
640 Service Commission when disconnecting and reconnecting water
641 lines in the servicing or replacement of an existing water
642 heater.
643 (n) “Underground utility and excavation contractor” means a
644 contractor whose services are limited to the construction,
645 installation, and repair, on public or private property, whether
646 accomplished through open excavations or through other means,
647 including, but not limited to, directional drilling, auger
648 boring, jacking and boring, trenchless technologies, wet and dry
649 taps, grouting, and slip lining, of main sanitary sewer
650 collection systems, main water distribution systems, storm sewer
651 collection systems, and the continuation of utility lines from
652 the main systems to a point of termination up to and including
653 the meter location for the individual occupancy, sewer
654 collection systems at property line on residential or single
655 occupancy commercial properties, or on multioccupancy properties
656 at manhole or wye lateral extended to an invert elevation as
657 engineered to accommodate future building sewers, water
658 distribution systems, or storm sewer collection systems at storm
659 sewer structures. However, an underground utility and excavation
660 contractor may install empty underground conduits in rights-of
661 way, easements, platted rights-of-way in new site development,
662 and sleeves for parking lot crossings no smaller than 2 inches
663 in diameter if, provided that each conduit system installed is
664 designed by a licensed professional engineer or an authorized
665 employee of a municipality, county, or public utility and that
666 the installation of any such conduit does not include
667 installation of any conductor wiring or connection to an
668 energized electrical system. An underground utility and
669 excavation contractor may shall not install any piping that is
670 an integral part of a fire protection system as defined in s.
671 633.021 beginning at the point where the piping is used
672 exclusively for such system.
673 (o) “Solar contractor” means a contractor whose services
674 consist of the installation, alteration, repair, maintenance,
675 relocation, or replacement of solar panels for potable solar
676 water heating systems, swimming pool solar heating systems, and
677 photovoltaic systems and any appurtenances, apparatus, or
678 equipment used in connection therewith, whether public, private,
679 or otherwise, regardless of use. A contractor, certified or
680 registered pursuant to the provisions of this chapter, is not
681 required to become a certified or registered solar contractor or
682 to contract with a solar contractor in order to provide any
683 services enumerated in this paragraph that are within the scope
684 of the services such contractors may render under this part.
685 (p) “Pollutant storage systems contractor” means a
686 contractor whose services are limited to, and who has the
687 experience, knowledge, and skill to install, maintain, repair,
688 alter, extend, or design, if when not prohibited by law, and use
689 materials and items used in the installation, maintenance,
690 extension, and alteration of, pollutant storage tanks. Any
691 person installing a pollutant storage tank shall perform such
692 installation in accordance with the standards adopted pursuant
693 to s. 376.303.
694 (q) “Glass and glazing contractor” means a contractor whose
695 services are unlimited in the execution of contracts requiring
696 the experience, knowledge, and skill to install, attach,
697 maintain, repair, fabricate, alter, extend, or design, in
698 residential and commercial applications without any height
699 restrictions, all types of windows, glass, and mirrors, whether
700 fixed or movable; swinging or sliding glass doors attached to
701 existing walls, floors, columns, or other structural members of
702 the building; glass holding or supporting mullions or horizontal
703 bars; structurally anchored impact-resistant opening protection
704 attached to existing building walls, floors, columns, or other
705 structural members of the building; prefabricated glass, metal,
706 or plastic curtain walls; storefront frames or panels; shower
707 and tub enclosures; metal fascias; and caulking incidental to
708 such work and assembly.
709 (r)(q) “Specialty contractor” means a contractor whose
710 scope of work and responsibility is limited to a particular
711 phase of construction established in a category adopted by board
712 rule and whose scope is limited to a subset of the activities
713 described in one of the paragraphs of this subsection.
714 Section 15. Paragraphs (b) and (c) of subsection (4) of
715 section 489.107, Florida Statutes, are amended to read:
716 489.107 Construction Industry Licensing Board.—
717 (4) The board shall be divided into two divisions, Division
718 I and Division II.
719 (b) Division II is comprised of the roofing contractor,
720 sheet metal contractor, air-conditioning contractor, mechanical
721 contractor, pool contractor, plumbing contractor, and
722 underground utility and excavation contractor members of the
723 board; one of the members appointed pursuant to paragraph
724 (2)(j); and one of the members appointed pursuant to paragraph
725 (2)(k). Division II has jurisdiction over the regulation of
726 contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
727 (c) Jurisdiction for the regulation of specialty
728 contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
729 with the division having jurisdiction over the scope of work of
730 the specialty contractor as defined by board rule.
731 Section 16. Paragraph (g) of subsection (2) of section
732 489.141, Florida Statutes, is amended to read:
733 489.141 Conditions for recovery; eligibility.—
734 (2) A claimant is not qualified to make a claim for
735 recovery from the recovery fund, if:
736 (g) The claimant has contracted with a licensee to perform
737 a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)
738 (q).
739 Section 17. Subsection (1) of section 514.028, Florida
740 Statutes, is amended to read:
741 514.028 Advisory review board.—
742 (1) The Governor shall appoint an advisory review board
743 which shall meet as necessary or at least quarterly, to
744 recommend agency action on variance request, rule and policy
745 development, and other technical review problems. The board
746 shall be comprised of the following:
747 (a) A representative from the office of licensure and
748 certification of the department.
749 (b) A representative from the county health departments.
750 (c) Three representatives from the swimming pool
751 construction industry.
752 (d) A representative Two representatives from the public
753 lodging industry.
754 (e) A representative from a county or local building
755 department.
756 Section 18. Subsection (3) of section 527.06, Florida
757 Statutes, is amended to read:
758 527.06 Rules.—
759 (3)(a) Rules in substantial conformity with the published
760 standards of the National Fire Protection Association (NFPA) are
761 shall be deemed to be in substantial conformity with the
762 generally accepted standards of safety concerning the same
763 subject matter.
764 (b) Notwithstanding any other law, the department or other
765 state agency may not require compliance with the minimum
766 separation distances of NFPA 58 for separation between a
767 liquefied petroleum gas tank and a building, adjoining property
768 line, other liquefied petroleum gas tank, or any source of
769 ignition, except in compliance with the minimum separation
770 distances of the 2011 edition of NFPA 58. This subsection shall
771 be deemed repealed upon the last effective date of rules
772 adopted, directly or as incorporated by reference, by the
773 department, the Florida Building Commission as part of the
774 Florida Building Code, and the Office of State Fire Marshal as
775 part of the Florida Fire Prevention Code of these minimum
776 separation distances as contained in the 2011 edition of NFPA 58
777 promulgated by the National Fire Protection Association.
778 Section 19. Subsection (11) of section 527.21, Florida
779 Statutes, is amended to read:
780 527.21 Definitions relating to Florida Propane Gas
781 Education, Safety, and Research Act.—As used in ss. 527.20
782 527.23, the term:
783 (11) “Propane” includes propane, butane, mixtures, and
784 liquefied petroleum gas as defined by the National Fire
785 Protection Association (NFPA) Standard 58, For The Storage and
786 Handling of Liquefied Petroleum Gas Code Gases.
787 Section 20. Section 553.502, Florida Statutes, is amended
788 to read:
789 553.502 Intent.—The purpose and intent of this part ss.
790 553.501-553.513 is to incorporate into the law of this state the
791 accessibility requirements of the Americans with Disabilities
792 Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101
793 et seq., and to obtain and maintain United States Department of
794 Justice certification of the Florida Accessibility Code for
795 Building Construction as equivalent to federal standards for
796 accessibility of buildings, structures, and facilities. All
797 state laws, rules, standards, and codes governing facilities
798 covered by the Americans with Disabilities Act Standards for
799 Accessible Design guidelines shall be maintained to assure
800 certification of the state’s construction standards and codes.
801 This part Nothing in ss. 553.501-553.513 is not intended to
802 expand or diminish the defenses available to a place of public
803 accommodation or a commercial facility under the Americans with
804 Disabilities Act and the standards federal Americans with
805 Disabilities Act Accessibility Guidelines, including, but not
806 limited to, the readily achievable standard, and the standards
807 applicable to alterations to private buildings or facilities as
808 defined by the standards places of public accommodation.
809 Section 21. Section 553.503, Florida Statutes, is amended
810 to read:
811 553.503 Adoption of federal standards guidelines.—Subject
812 to modifications under this part the exceptions in s. 553.504,
813 the federal Americans with Disabilities Act Standards for
814 Accessible Design Accessibility Guidelines, and related
815 regulations provided as adopted by reference in 28 C.F.R., parts
816 35 and part 36, and 49 C.F.R. part 37 subparts A and D, and
817 Title II of Pub. L. No. 101-336, are hereby adopted and
818 incorporated by reference as the law of this state and shall be
819 incorporated into. The guidelines shall establish the minimum
820 standards for the accessibility of buildings and facilities
821 built or altered within this state. the 1997 Florida
822 Accessibility Code for Building Construction and must be adopted
823 by the Florida Building Commission in accordance with chapter
824 120.
825 Section 22. Section 553.504, Florida Statutes, is amended
826 to read:
827 553.504 Exceptions to applicability of the federal
828 standards guidelines.—Notwithstanding the adoption of the
829 Americans with Disabilities Act Standards for Accessible Design
830 pursuant to Accessibility Guidelines in s. 553.503, all
831 buildings, structures, and facilities in this state must shall
832 meet the following additional requirements if such requirements
833 when they provide increased accessibility:
834 (1) All new or altered public buildings and facilities,
835 private buildings and facilities, places of public
836 accommodation, and commercial facilities, as those terms are
837 defined by the standards, subject to this part ss. 553.501
838 553.513 which may be frequented in, lived in, or worked in by
839 the public must shall comply with this part ss. 553.501-553.513.
840 (2) All new single-family houses, duplexes, triplexes,
841 condominiums, and townhouses shall provide at least one
842 bathroom, located with maximum possible privacy, where bathrooms
843 are provided on habitable grade levels, with a door that has a
844 29-inch clear opening. However, if only a toilet room is
845 provided at grade level, such toilet room must shall have a
846 clear opening of at least not less than 29 inches.
847 (3) All required doors and walk-through openings in
848 buildings excluding single-family homes, duplexes, and triplexes
849 not covered by the Americans with Disabilities Act of 1990 or
850 the Fair Housing Act shall have at least 29 inches of clear
851 width except under ss. 553.501-553.513.
852 (4) In addition to the requirements in reference 4.8.4 of
853 the guidelines, all landings on ramps shall be not less than 60
854 inches clear, and the bottom of each ramp shall have not less
855 than 72 inches of straight and level clearance.
856 (5) All curb ramps shall be designed and constructed in
857 accordance with the following requirements:
858 (a) Notwithstanding the requirements of reference 4.8.5.2
859 of the guidelines, handrails on ramps which are not continuous
860 shall extend not less than 18 inches beyond the sloped segment
861 at both the top and bottom, and shall be parallel to the floor
862 or ground surface.
863 (b) Notwithstanding the requirements of references 4.3.3
864 and 4.8.3 of the guidelines, curb ramps that are part of a
865 required means of egress shall be not less than 44 inches wide.
866 (c) Notwithstanding the requirements of reference 4.7.5 of
867 the guidelines, curb ramps located where pedestrians must use
868 them and all curb ramps which are not protected by handrails or
869 guardrails shall have flared sides with a slope not exceeding a
870 ratio of 1 to 12.
871 (3)(6) Notwithstanding the requirements in s. 404.2.9
872 reference 4.13.11 of the standards guidelines, exterior hinged
873 doors must shall be so designed so that such doors can be pushed
874 or pulled open with a force not exceeding 8.5 foot pounds.
875 (7) Notwithstanding the requirements in reference 4.33.1 of
876 the guidelines, all public food service establishments, all
877 establishments licensed under the Beverage Law for consumption
878 on the premises, and all facilities governed by reference 4.1 of
879 the guidelines shall provide seating or spaces for seating in
880 accordance with the following requirements:
881 (a) For the first 100 fixed seats, accessible and usable
882 spaces must be provided consistent with the following table:
883 Capacity of SeatingIn Assembly AreasNumber of RequiredWheelchair Locations
884 1 to 25 1
885 26 to 50 2
886 51 to 100 4
887 (b) For all remaining fixed seats, there shall be not less
888 than one such accessible and usable space for each 100 fixed
889 seats or fraction thereof.
890 (8) Notwithstanding the requirements in references 4.32.1
891 4.32.4 of the guidelines, all fixed seating in public food
892 service establishments, in establishments licensed under the
893 Beverage Law for consumption on the premises, and in all other
894 facilities governed by reference 4.1 of the guidelines shall be
895 designed and constructed in accordance with the following
896 requirements:
897 (a) All aisles adjacent to fixed seating shall provide
898 clear space for wheelchairs.
899 (b) Where there are open positions along both sides of such
900 aisles, the aisles shall be not less than 52 inches wide.
901 (4)(9) In motels and hotels a number of rooms equaling at
902 least 5 percent of the guest rooms minus the number of
903 accessible rooms required by the standards must guidelines shall
904 provide the following special accessibility features:
905 (a) Grab rails in bathrooms and toilet rooms that comply
906 with s. 604.5 4.16.4 of the standards guidelines.
907 (b) All beds in designed accessible guest rooms must shall
908 be an open-frame type that allows the to permit passage of lift
909 devices.
910 (c) Water closets that comply with section 604.4 of the
911 standards. All standard water closet seats shall be at a height
912 of 15 inches, measured vertically from the finished floor to the
913 top of the seat, with a variation of plus or minus 1/2 inch. A
914 portable or attached raised toilet seat shall be provided in all
915 designated handicapped accessible rooms.
916
917 All buildings, structures, or facilities licensed as a hotel,
918 motel, or condominium pursuant to chapter 509 are shall be
919 subject to the provisions of this subsection. This subsection
920 does not relieve Nothing in this subsection shall be construed
921 as relieving the owner of the responsibility of providing
922 accessible rooms in conformance with ss. 224 and 806 of the
923 standards 9.1-9.5 of the guidelines.
924 (10) Notwithstanding the requirements in reference 4.29.2
925 of the guidelines, all detectable warning surfaces required by
926 the guidelines shall be governed by the requirements of American
927 National Standards Institute A117.1-1986.
928 (11) Notwithstanding the requirements in references 4.31.2
929 and 4.31.3 of the guidelines, the installation and placement of
930 all public telephones shall be governed by the rules of the
931 Florida Public Service Commission.
932 (5)(12) Notwithstanding ss. 213 and 604 of the standards
933 the requirements in references 4.1.3(11) and 4.16-4.23 of the
934 guidelines, required bathing rooms restrooms and toilet rooms in
935 new construction shall be designed and constructed in accordance
936 with the following requirements:
937 (a) The standard accessible toilet compartment must
938 restroom stall shall contain an accessible lavatory within it,
939 which must be at least the size of such lavatory to be not less
940 than 19 inches wide by 17 inches deep, nominal size, and wall
941 mounted. The lavatory shall be mounted so as not to overlap the
942 clear floor space areas required by s. 604 of the standards 4.17
943 figure 30(a) of the guidelines for the standard accessible
944 toilet compartment stall and to comply with s. 606 of the
945 standards 4.19 of the guidelines. Such lavatories shall be
946 counted as part of the required fixture count for the building.
947 (b) The accessible toilet compartments must water closet
948 shall be located in the corner, diagonal to the door.
949 (c) The accessible stall door shall be self-closing.
950 (13) All customer checkout aisles not required by the
951 guidelines to be handicapped accessible shall have at least 32
952 inches of clear passage.
953 (14) Turnstiles shall not be used in occupancies which
954 serve fewer than 100 persons, but turnstiles may be used in
955 occupancies which serve at least 100 persons if there is an
956 unlocked alternate passageway on an accessible route affording
957 not less than 32 inches of clearance, equipped with latching
958 devices in accordance with the guidelines.
959 (6)(15) Barriers at common or emergency entrances and exits
960 of business establishments conducting business with the general
961 public that are existing, under construction, or under contract
962 for construction which would prevent a person from using such
963 entrances or exits must shall be removed.
964 Section 23. Section 553.5041, Florida Statutes, is amended
965 to read:
966 553.5041 Parking spaces for persons who have disabilities.—
967 (1) This section is not intended to expand or diminish the
968 defenses available to a place of public accommodation under the
969 Americans with Disabilities Act and the federal Americans with
970 Disabilities Act Standards for Accessible Design Accessibility
971 Guidelines, including, but not limited to, the readily
972 achievable standard, and the standards applicable to alterations
973 to places of public accommodation and commercial facilities.
974 Subject to the exceptions described in subsections (2), (4),
975 (5), and (6), if when the parking and loading zone requirements
976 of the federal standards and related regulations Americans with
977 Disabilities Act Accessibility Guidelines (ADAAG), as adopted by
978 reference in 28 C.F.R. part 36, subparts A and D, and Title II
979 of Pub. L. No. 101-336, provide increased accessibility, those
980 requirements are adopted and incorporated by reference as the
981 law of this state.
982 (2) State agencies and political subdivisions having
983 jurisdiction over street parking or publicly owned or operated
984 parking facilities are not required to provide a greater right
985 of-way width than would otherwise be planned under regulations,
986 guidelines, or practices normally applied to new development.
987 (3) Designated accessible If parking spaces are provided
988 for self-parking by employees or visitors, or both, accessible
989 spaces shall be provided in each such parking area. Such spaces
990 shall be designed and marked for the exclusive use of those
991 individuals who have a severe physical disability and have
992 permanent or temporary mobility problems that substantially
993 impair their ability to ambulate and who have been issued either
994 a disabled parking permit under s. 316.1958 or s. 320.0848 or a
995 license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.
996 320.0845.
997 (4) The number of accessible parking spaces must comply
998 with the parking requirements in ADAAG s. 208 of the standards
999 4.1 and the following:
1000 (a) There must be one accessible parking space in the
1001 immediate vicinity of a publicly owned or leased building that
1002 houses a governmental entity or a political subdivision,
1003 including, but not limited to, state office buildings and
1004 courthouses, if no parking for the public is not provided on the
1005 premises of the building.
1006 (b) There must be one accessible parking space for each 150
1007 metered on-street parking spaces provided by state agencies and
1008 political subdivisions.
1009 (c) The number of parking spaces for persons who have
1010 disabilities must be increased on the basis of demonstrated and
1011 documented need.
1012 (5) Accessible perpendicular and diagonal accessible
1013 parking spaces and loading zones must be designed and located to
1014 conform to in conformance with the guidelines set forth in ADAAG
1015 ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.
1016 A4.6.3 “Universal Parking Design.”
1017 (a) All spaces must be located on an accessible route that
1018 is at least no less than 44 inches wide so that users are will
1019 not be compelled to walk or wheel behind parked vehicles except
1020 behind his or her own vehicle.
1021 (b) Each space must be located on the shortest safely
1022 accessible route from the parking space to an accessible
1023 entrance. If there are multiple entrances or multiple retail
1024 stores, the parking spaces must be dispersed to provide parking
1025 at the nearest accessible entrance. If a theme park or an
1026 entertainment complex as defined in s. 509.013(9) provides
1027 parking in several lots or areas from which access to the theme
1028 park or entertainment complex is provided, a single lot or area
1029 may be designated for parking by persons who have disabilities,
1030 if the lot or area is located on the shortest safely accessible
1031 route to an accessible entrance to the theme park or
1032 entertainment complex or to transportation to such an accessible
1033 entrance.
1034 (c)1. Each parking space must be at least no less than 12
1035 feet wide. Parking access aisles must be at least no less than 5
1036 feet wide and must be part of an accessible route to the
1037 building or facility entrance. In accordance with ADAAG s.
1038 4.6.3, access aisles must be placed adjacent to accessible
1039 parking spaces; however, two accessible parking spaces may share
1040 a common access aisle. The access aisle must be striped
1041 diagonally to designate it as a no-parking zone.
1042 2. The parking access aisles are reserved for the temporary
1043 exclusive use of persons who have disabled parking permits and
1044 who require extra space to deploy a mobility device, lift, or
1045 ramp in order to exit from or enter a vehicle. Parking is not
1046 allowed in an access aisle. Violators are subject to the same
1047 penalties that are imposed for illegally parking in parking
1048 spaces that are designated for persons who have disabilities. A
1049 vehicle may not be parked in an access aisle, even if the
1050 vehicle owner or passenger is disabled or owns a disabled
1051 parking permit.
1052 3. Notwithstanding any other provision of this subsection
1053 to the contrary notwithstanding, a theme park or an
1054 entertainment complex as defined in s. 509.013(9) in which are
1055 provided continuous attendant services are provided for
1056 directing individuals to marked accessible parking spaces or
1057 designated lots for parking by persons who have disabilities,
1058 may, in lieu of the required parking space design, provide
1059 parking spaces that comply with ADAAG ss. 208 and 502 of the
1060 standards 4.1 and 4.6.
1061 (d) On-street parallel parking spaces must be located
1062 either at the beginning or end of a block or adjacent to alley
1063 entrances. Such spaces must be designed to conform to in
1064 conformance with the guidelines set forth in ADAAG ss. 208 and
1065 502 of the standards, except that 4.6.2 through 4.6.5,
1066 exception: access aisles are not required. Curbs adjacent to
1067 such spaces must be of a height that does will not interfere
1068 with the opening and closing of motor vehicle doors. This
1069 subsection does not relieve the owner of the responsibility to
1070 comply with the parking requirements of ADAAG ss. 208 and 502 of
1071 the standards 4.1 and 4.6.
1072 (e) Parallel parking spaces must be even with surface
1073 slopes, may match the grade of the adjacent travel lane, and
1074 must not exceed a cross slope of 1 to 50, where feasible.
1075 (f) Curb ramps must be located outside of the disabled
1076 parking spaces and access aisles.
1077 (e)(g)1. The removal of architectural barriers from a
1078 parking facility in accordance with 28 C.F.R. s. 36.304 or with
1079 s. 553.508 must comply with this section unless compliance would
1080 cause the barrier removal not to be readily achievable. If
1081 compliance would cause the barrier removal not to be readily
1082 achievable, a facility may provide parking spaces at alternative
1083 locations for persons who have disabilities and provide
1084 appropriate signage directing such persons who have disabilities
1085 to the alternative parking if readily achievable. The facility
1086 may not reduce the required number or dimensions of those spaces
1087 or, nor may it unreasonably increase the length of the
1088 accessible route from a parking space to the facility. The
1089 removal of an architectural barrier must not create a
1090 significant risk to the health or safety of a person who has a
1091 disability or to that of others.
1092 2. A facility that is making alterations under s.
1093 553.507(2)(b) must comply with this section to the maximum
1094 extent feasible. If compliance with parking location
1095 requirements is not feasible, the facility may provide parking
1096 spaces at alternative locations for persons who have
1097 disabilities and provide appropriate signage directing such
1098 persons who have a disability to alternative parking. The
1099 facility may not reduce the required number or dimensions of
1100 those spaces, or nor may it unnecessarily increase the length of
1101 the accessible route from a parking space to the facility. The
1102 alteration must not create a significant risk to the health or
1103 safety of a person who has a disability or to that of others.
1104 (6) Each such parking space must be striped in a manner
1105 that is consistent with the standards of the controlling
1106 jurisdiction for other spaces and prominently outlined with blue
1107 paint, and must be repainted when necessary, to be clearly
1108 distinguishable as a parking space designated for persons who
1109 have disabilities. The space and must be posted with a permanent
1110 above-grade sign of a color and design approved by the
1111 Department of Transportation, which is placed on or at least 60
1112 inches above the finished floor or ground surface measured to
1113 the bottom of the sign a distance of 84 inches above the ground
1114 to the bottom of the sign and which bears the international
1115 symbol of accessibility meeting the requirements of ADAAG s.
1116 703.7.2.1 of the standards 4.30.7 and the caption “PARKING BY
1117 DISABLED PERMIT ONLY.” Such a sign erected after October 1,
1118 1996, must indicate the penalty for illegal use of the space.
1119 Notwithstanding any other provision of this section to the
1120 contrary notwithstanding, in a theme park or an entertainment
1121 complex as defined in s. 509.013(9) in which accessible parking
1122 is located in designated lots or areas, the signage indicating
1123 the lot as reserved for accessible parking may be located at the
1124 entrances to the lot in lieu of a sign at each parking place.
1125 This subsection does not relieve the owner of the responsibility
1126 of complying with the signage requirements of ADAAG s. 502.6 of
1127 the standards 4.30.
1128 Section 24. Section 553.505, Florida Statutes, is amended
1129 to read:
1130 553.505 Exceptions to applicability of the Americans with
1131 Disabilities Act.—Notwithstanding the Americans with
1132 Disabilities Act of 1990, private clubs are governed by this
1133 part ss. 553.501-553.513. Parking spaces, parking lots, and
1134 other parking facilities are governed by s. 553.5041 when that
1135 section provides increased accessibility.
1136 Section 25. Section 553.506, Florida Statutes, is amended
1137 to read:
1138 553.506 Powers of the commission.—In addition to any other
1139 authority vested in the Florida Building Commission by law, the
1140 commission, in implementing this part ss. 553.501-553.513, may,
1141 by rule, adopt revised and updated versions of the Americans
1142 with Disabilities Act Standards for Accessible Design
1143 Accessibility Guidelines in accordance with chapter 120.
1144 Section 26. Section 553.507, Florida Statutes, is amended
1145 to read:
1146 553.507 Applicability Exemptions.—This part applies to
1147 Sections 553.501-553.513 do not apply to any of the following:
1148 (1) All areas of newly designed and newly constructed
1149 buildings and facilities as determined by the federal standards
1150 established and adopted pursuant to s. 553.503. Buildings,
1151 structures, or facilities that were either under construction or
1152 under contract for construction on October 1, 1997.
1153 (2) Portions of altered buildings and facilities as
1154 determined by the federal standards established and adopted
1155 pursuant to s. 553.503. Buildings, structures, or facilities
1156 that were in existence on October 1, 1997, unless:
1157 (a) The building, structure, or facility is being converted
1158 from residential to nonresidential or mixed use, as defined by
1159 local law;
1160 (b) The proposed alteration or renovation of the building,
1161 structure, or facility will affect usability or accessibility to
1162 a degree that invokes the requirements of s. 303(a) of the
1163 Americans with Disabilities Act of 1990; or
1164 (c) The original construction or any former alteration or
1165 renovation of the building, structure, or facility was carried
1166 out in violation of applicable permitting law.
1167 (3) A building or facility that is being converted from
1168 residential to nonresidential or mixed use as defined by the
1169 Florida Building Code. Such building or facility must, at a
1170 minimum, comply with s. 553.508 and the requirements for
1171 alternations as determined by the federal standards established
1172 and adopted pursuant to s. 553.503.
1173 (4) Buildings and facilities where the original
1174 construction or any former alternation or renovation was carried
1175 out in violation of applicable permitting law.
1176 Section 27. Section 553.509, Florida Statutes, is amended
1177 to read:
1178 553.509 Vertical accessibility.—
1179 (1) This part and the Americans with Disabilities Act
1180 Standards for Accessible Design do not Nothing in ss. 553.501
1181 553.513 or the guidelines shall be construed to relieve the
1182 owner of any building, structure, or facility governed by this
1183 part those sections from the duty to provide vertical
1184 accessibility to all levels above and below the occupiable grade
1185 level, regardless of whether the standards guidelines require an
1186 elevator to be installed in such building, structure, or
1187 facility, except for:
1188 (a) Elevator pits, elevator penthouses, mechanical rooms,
1189 piping or equipment catwalks, and automobile lubrication and
1190 maintenance pits and platforms.;
1191 (b) Unoccupiable spaces, such as rooms, enclosed spaces,
1192 and storage spaces that are not designed for human occupancy,
1193 for public accommodations, or for work areas.; and
1194 (c) Occupiable spaces and rooms that are not open to the
1195 public and that house no more than five persons, including, but
1196 not limited to, equipment control rooms and projection booths.
1197 (d) Theaters, concert halls, and stadiums, or other large
1198 assembly areas that have stadium-style seating or tiered seating
1199 if ss. 221 and 802 of the standards are met.
1200 (e) All play and recreation areas if the requirements of
1201 chapter 10 of the standards are met.
1202 (f) All employee areas as exempted in s. 203.9 of the
1203 standards.
1204 (g) Facilities, sites, and spaces exempted by s. 203 of the
1205 standards.
1206 (2)(a) Any person, firm, or corporation that owns, manages,
1207 or operates a residential multifamily dwelling, including a
1208 condominium, that is at least 75 feet high and contains a public
1209 elevator, as described in s. 399.035(2) and (3) and rules
1210 adopted by the Florida Building Commission, shall have at least
1211 one public elevator that is capable of operating on an alternate
1212 power source for emergency purposes. Alternate power shall be
1213 available for the purpose of allowing all residents access for a
1214 specified number of hours each day over a 5-day period following
1215 a natural disaster, manmade disaster, emergency, or other civil
1216 disturbance that disrupts the normal supply of electricity. The
1217 alternate power source that controls elevator operations must
1218 also be capable of powering any connected fire alarm system in
1219 the building.
1220 (b) At a minimum, the elevator must be appropriately
1221 prewired and prepared to accept an alternate power source and
1222 must have a connection on the line side of the main disconnect,
1223 pursuant to National Electric Code Handbook, Article 700. In
1224 addition to the required power source for the elevator and
1225 connected fire alarm system in the building, the alternate power
1226 supply must be sufficient to provide emergency lighting to the
1227 interior lobbies, hallways, and other portions of the building
1228 used by the public. Residential multifamily dwellings must have
1229 an available generator and fuel source on the property or have
1230 proof of a current contract posted in the elevator machine room
1231 or other place conspicuous to the elevator inspector affirming a
1232 current guaranteed service contract for such equipment and fuel
1233 source to operate the elevator on an on-call basis within 24
1234 hours after a request. By December 31, 2006, any person, firm or
1235 corporation that owns, manages, or operates a residential
1236 multifamily dwelling as defined in paragraph (a) must provide to
1237 the local building inspection agency verification of engineering
1238 plans for residential multifamily dwellings that provide for the
1239 capability to generate power by alternate means. Compliance with
1240 installation requirements and operational capability
1241 requirements must be verified by local building inspectors and
1242 reported to the county emergency management agency by December
1243 31, 2007.
1244 (c) Each newly constructed residential multifamily
1245 dwelling, including a condominium, that is at least 75 feet high
1246 and contains a public elevator, as described in s. 399.035(2)
1247 and (3) and rules adopted by the Florida Building Commission,
1248 must have at least one public elevator that is capable of
1249 operating on an alternate power source for the purpose of
1250 allowing all residents access for a specified number of hours
1251 each day over a 5-day period following a natural disaster,
1252 manmade disaster, emergency, or other civil disturbance that
1253 disrupts the normal supply of electricity. The alternate power
1254 source that controls elevator operations must be capable of
1255 powering any connected fire alarm system in the building. In
1256 addition to the required power source for the elevator and
1257 connected fire alarm system, the alternate power supply must be
1258 sufficient to provide emergency lighting to the interior
1259 lobbies, hallways, and other portions of the building used by
1260 the public. Engineering plans and verification of operational
1261 capability must be provided by the local building inspector to
1262 the county emergency management agency before occupancy of the
1263 newly constructed building.
1264 (d) Each person, firm, or corporation that is required to
1265 maintain an alternate power source under this subsection shall
1266 maintain a written emergency operations plan that details the
1267 sequence of operations before, during, and after a natural or
1268 manmade disaster or other emergency situation. The plan must
1269 include, at a minimum, a lifesafety plan for evacuation,
1270 maintenance of the electrical and lighting supply, and
1271 provisions for the health, safety, and welfare of the residents.
1272 In addition, the owner, manager, or operator of the residential
1273 multifamily dwelling must keep written records of any contracts
1274 for alternative power generation equipment. Also, quarterly
1275 inspection records of lifesafety equipment and alternate power
1276 generation equipment must be posted in the elevator machine room
1277 or other place conspicuous to the elevator inspector, which
1278 confirm that such equipment is properly maintained and in good
1279 working condition, and copies of contracts for alternate power
1280 generation equipment shall be maintained on site for
1281 verification. The written emergency operations plan and
1282 inspection records shall also be open for periodic inspection by
1283 local and state government agencies as deemed necessary. The
1284 owner or operator must keep a generator key in a lockbox posted
1285 at or near any installed generator unit.
1286 (e) Multistory affordable residential dwellings for persons
1287 age 62 and older that are financed or insured by the United
1288 States Department of Housing and Urban Development must make
1289 every effort to obtain grant funding from the Federal Government
1290 or the Florida Housing Finance Corporation to comply with this
1291 subsection. If an owner of such a residential dwelling cannot
1292 comply with the requirements of this subsection, the owner must
1293 develop a plan with the local emergency management agency to
1294 ensure that residents are evacuated to a place of safety in the
1295 event of a power outage resulting from a natural or manmade
1296 disaster or other emergency situation that disrupts the normal
1297 supply of electricity for an extended period of time. A place of
1298 safety may include, but is not limited to, relocation to an
1299 alternative site within the building or evacuation to a local
1300 shelter.
1301 (f) As a part of the annual elevator inspection required
1302 under s. 399.061, certified elevator inspectors shall confirm
1303 that all installed generators required by this chapter are in
1304 working order, have current inspection records posted in the
1305 elevator machine room or other place conspicuous to the elevator
1306 inspector, and that the required generator key is present in the
1307 lockbox posted at or near the installed generator. If a building
1308 does not have an installed generator, the inspector shall
1309 confirm that the appropriate prewiring and switching
1310 capabilities are present and that a statement is posted in the
1311 elevator machine room or other place conspicuous to the elevator
1312 inspector affirming a current guaranteed contract exists for
1313 contingent services for alternate power is current for the
1314 operating period.
1315 (2) However, buildings, structures, and facilities must, as
1316 a minimum, comply with the requirements in the Americans with
1317 Disabilities Act Standards for Accessible Design Accessibility
1318 Guidelines.
1319 Section 28. Consistent with the federal implementation of
1320 the 2010 Americans with Disabilities Act Standards for
1321 Accessible Design, buildings and facilities in this state may be
1322 designed in conformity with the 2010 standards if the design
1323 also complies with Florida-specific requirements provided in
1324 part II of chapter 553, Florida Statutes, until the Florida
1325 Accessibility Code for Building Construction is updated to
1326 implement the changes to part II of chapter 553, Florida
1327 Statutes, as provided by this Act.
1328 Section 29. Subsections (1), (2), (3), (9), and (15) of
1329 section 553.73, Florida Statutes, are amended to read:
1330 553.73 Florida Building Code.—
1331 (1)(a) The commission shall adopt, by rule pursuant to ss.
1332 120.536(1) and 120.54, the Florida Building Code and a Florida
1333 supplement to the International Code Council’s set of codes
1334 which contains or incorporates shall contain or incorporate by
1335 reference all laws and rules that which pertain to and govern
1336 the design, construction, erection, alteration, modification,
1337 repair, and demolition of public and private buildings,
1338 structures, and facilities and enforcement of such laws and
1339 rules, except as otherwise provided in this section.
1340 (a)(b) The technical portions of the Florida Accessibility
1341 Code for Building Construction shall be contained in their
1342 entirety in the Florida Building Code supplement to the
1343 International Accessibility Code. The civil rights portions and
1344 the technical portions of the accessibility laws of this state
1345 shall remain as currently provided by law. Any revision or
1346 amendments to the Florida Accessibility Code for Building
1347 Construction pursuant to part II shall be placed in the next
1348 edition of the supplement considered adopted by the commission
1349 as part of the Florida Building Code. Neither the commission nor
1350 any local government shall revise or amend any standard of the
1351 Florida Accessibility Code for Building Construction except as
1352 provided for in part II.
1353 (b)(c) The Florida Fire Prevention Code and the Life Safety
1354 Code shall be referenced in the Florida Building Code, but shall
1355 be adopted, modified, revised, or amended, interpreted, and
1356 maintained by the Department of Financial Services by rule
1357 adopted pursuant to ss. 120.536(1) and 120.54. The Florida
1358 Building Commission may not adopt a fire prevention or
1359 lifesafety code, and nothing in the Florida Building Code shall
1360 affect the statutory powers, duties, and responsibilities of any
1361 fire official or the Department of Financial Services.
1362 (c)(d) Conflicting requirements between the Florida
1363 Building Code and the Florida Fire Prevention Code and Life
1364 Safety Code of the state established pursuant to ss. 633.022 and
1365 633.025 shall be resolved by agreement between the commission
1366 and the State Fire Marshal in favor of the requirement that
1367 offers the greatest degree of lifesafety or alternatives that
1368 would provide an equivalent degree of lifesafety and an
1369 equivalent method of construction. If the commission and State
1370 Fire Marshal are unable to agree on a resolution, the question
1371 shall be referred to a mediator, mutually agreeable to both
1372 parties, to resolve the conflict in favor of the provision that
1373 offers the greatest lifesafety, or alternatives that would
1374 provide an equivalent degree of lifesafety and an equivalent
1375 method of construction.
1376 (d)(e) Subject to the provisions of this act,
1377 responsibility for enforcement, interpretation, and regulation
1378 of the Florida Building Code shall be vested in a specified
1379 local board or agency, and the terms words “local government”
1380 and “local governing body” as used in this part shall be
1381 construed to refer exclusively to such local board or agency.
1382 (2) The Florida Building Code and supplement must shall
1383 contain provisions or requirements for public and private
1384 buildings, structures, and facilities relative to structural,
1385 mechanical, electrical, plumbing, energy, and gas systems,
1386 existing buildings, historical buildings, manufactured
1387 buildings, elevators, coastal construction, lodging facilities,
1388 food sales and food service facilities, health care facilities,
1389 including assisted living facilities, adult day care facilities,
1390 hospice residential and inpatient facilities and units, and
1391 facilities for the control of radiation hazards, public or
1392 private educational facilities, swimming pools, and correctional
1393 facilities and enforcement of and compliance with such
1394 provisions or requirements. Further, the Florida Building Code
1395 and supplement must provide for uniform implementation of ss.
1396 515.25, 515.27, and 515.29 by including standards and criteria
1397 for residential swimming pool barriers, pool covers, latching
1398 devices, door and window exit alarms, and other equipment
1399 required therein, which are consistent with the intent of s.
1400 515.23. Technical provisions to be contained within the Florida
1401 Building Code are restricted to requirements related to the
1402 types of materials used and construction methods and standards
1403 employed in order to meet criteria specified in the Florida
1404 Building code. Provisions relating to the personnel, supervision
1405 or training of personnel, or any other professional
1406 qualification requirements relating to contractors or their
1407 workforce may not be included within the Florida Building Code,
1408 and subsections (4), (6), (7), (8), and (9) are not to be
1409 construed to allow the inclusion of such provisions within the
1410 Florida Building code by amendment. This restriction applies to
1411 both initial development and amendment of the Florida Building
1412 Code and supplement.
1413 (3) The commission shall use the International Codes
1414 published by the International Code Council, the National
1415 Electric Code (NFPA 70), or other nationally adopted model codes
1416 and standards needed to supplant or apply the base code in
1417 Florida select from available national or international model
1418 building codes, or other available building codes and standards
1419 currently recognized by the laws of this state, to form the
1420 foundation for building code standards and the Florida Building
1421 Code and supplement. The commission may modify the selected
1422 model codes and standards as needed to accommodate the specific
1423 needs of this state. Standards or criteria referenced by the
1424 selected model codes shall be similarly incorporated by
1425 reference. If a referenced standard or criterion requires
1426 amplification or modification to be appropriate for use in this
1427 state, only the amplification or modification shall be
1428 specifically set forth in the Florida Building Code. The Florida
1429 Building Commission may approve technical amendments to the
1430 code, subject to the requirements of subsections (8) and (9),
1431 after the amendments have been subject to the following
1432 conditions:
1433 (a) The proposed amendment has been published on the
1434 commission’s website for a minimum of 45 days and all the
1435 associated documentation has been made available to any
1436 interested party before any consideration by a any technical
1437 advisory committee;
1438 (b) In order for a technical advisory committee to make a
1439 favorable recommendation to the commission, the proposal must
1440 receive a three-fourths vote of the members present at the
1441 technical advisory committee meeting and at least half of the
1442 regular members must be present in order to conduct a meeting;
1443 (c) After technical advisory committee consideration and a
1444 recommendation for approval of any proposed amendment, the
1445 proposal must be published on the commission’s website for at
1446 least not less than 45 days before any consideration by the
1447 commission; and
1448 (d) A Any proposal may be modified by the commission based
1449 on public testimony and evidence from a public hearing held in
1450 accordance with chapter 120.
1451
1452 The commission shall incorporate within sections of the Florida
1453 Building Code provisions which address regional and local
1454 concerns and variations. The commission shall make every effort
1455 to minimize conflicts between the Florida Building Code, the
1456 Florida Fire Prevention Code, and the Life Safety Code.
1457 (9)(a) The commission may approve technical amendments to
1458 the Florida Building Code once each year for statewide or
1459 regional application upon a finding that the amendment:
1460 1. Is needed in order to accommodate the specific needs of
1461 this state.
1462 2. Has a reasonable and substantial connection with the
1463 health, safety, and welfare of the general public.
1464 3. Strengthens or improves the Florida Building Code, or in
1465 the case of innovation or new technology, will provide
1466 equivalent or better products or methods or systems of
1467 construction.
1468 4. Does not discriminate against materials, products,
1469 methods, or systems of construction of demonstrated
1470 capabilities.
1471 5. Does not degrade the effectiveness of the Florida
1472 Building Code.
1473
1474 Furthermore, The Florida Building Commission may also approve
1475 technical amendments to the code once every 3 years in order
1476 each year to incorporate into the Florida Building Code its own
1477 interpretations of the code which are embodied in its opinions,
1478 final orders, declaratory statements, and interpretations of
1479 hearing officer panels under s. 553.775(3)(c), but shall do so
1480 only to the extent that the incorporation of interpretations is
1481 needed to modify the foundation codes to accommodate the
1482 specific needs of this state. Amendments approved under this
1483 paragraph shall be adopted by rule pursuant to ss. 120.536(1)
1484 and 120.54, after the amendments have been subjected to the
1485 provisions of subsection (3).
1486 (b) A proposed amendment must shall include a fiscal impact
1487 statement that which documents the costs and benefits of the
1488 proposed amendment. Criteria for the fiscal impact statement
1489 shall be established by rule by the commission and shall include
1490 the impact to local government relative to enforcement, the
1491 impact to property and building owners, and the impact as well
1492 as to industry, relative to the cost of compliance. A proposed
1493 amendment to the base code must also include specific
1494 justifications for why this state is different from other areas
1495 that have adopted the base code and why the proposed amendment
1496 applies to this state and no other area or region where the base
1497 code has been adopted.
1498 (c) The commission may not approve a any proposed amendment
1499 that does not accurately and completely address all requirements
1500 for amendment which are set forth in this section. The
1501 commission shall require all proposed amendments and information
1502 submitted with proposed amendments to be reviewed by commission
1503 staff prior to consideration by any technical advisory
1504 committee. These reviews shall be for sufficiency only and are
1505 not intended to be qualitative in nature. Staff members shall
1506 reject any proposed amendment that fails to include a fiscal
1507 impact statement. Proposed amendments rejected by members of the
1508 staff may not be considered by the commission or any technical
1509 advisory committee.
1510 (d) Provisions of the Florida Building Code, including
1511 those contained in referenced standards and criteria, relating
1512 to wind resistance or the prevention of water intrusion may not
1513 be amended pursuant to this subsection to diminish those
1514 construction requirements; however, the commission may, subject
1515 to conditions in this subsection, amend the provisions to
1516 enhance those construction requirements.
1517 (15) An agency or local government may not require that
1518 existing mechanical equipment on the surface of a roof be
1519 installed in compliance with the requirements of the Florida
1520 Building Code until the equipment is required to be removed or
1521 replaced, or the roof is replaced or recovered.
1522 Section 30. Paragraph (v) of subsection (1) of section
1523 553.74, Florida Statutes, is amended to read:
1524 553.74 Florida Building Commission.—
1525 (1) The Florida Building Commission is created and shall be
1526 located within the Department of Community Affairs for
1527 administrative purposes. Members shall be appointed by the
1528 Governor subject to confirmation by the Senate. The commission
1529 shall be composed of 25 members, consisting of the following:
1530 (v) One member who is a representative of the green
1531 building industry and who is a third-party commission agent, a
1532 Florida board member of the United States Green Building Council
1533 or Green Building Initiative, a professional who is accredited
1534 under the International Green Construction Code (IGCC), or a
1535 professional who is accredited under Leadership in Energy and
1536 Environmental Design (LEED) LEED-accredited professional.
1537
1538 Any person serving on the commission under paragraph (c) or
1539 paragraph (h) on October 1, 2003, and who has served less than
1540 two full terms is eligible for reappointment to the commission
1541 regardless of whether he or she meets the new qualification.
1542 Section 31. Subsection (5) of section 553.842, Florida
1543 Statutes, is amended to read:
1544 553.842 Product evaluation and approval.—
1545 (5) Statewide approval of products, methods, or systems of
1546 construction may be achieved by one of the following methods.
1547 One of these methods must be used by the commission to approve
1548 the following categories of products: panel walls, exterior
1549 doors, roofing, skylights, windows, shutters, and structural
1550 components as established by the commission by rule. A product
1551 may not be advertised, sold, offered, provided, distributed, or
1552 marketed as hurricane, wind storm, or impact protection from
1553 wind-borne debris during a hurricane or wind storm unless it is
1554 approved pursuant to s. 553.842 or s. 553.8425. Any person who
1555 advertises, sells, offers, provides, distributes, or markets a
1556 product as hurricane, windstorm, or impact protection from wind
1557 borne debris without such approval is subject to the Florida
1558 Deceptive and Unfair Trade Practices Act under part II of
1559 chapter 501 brought by the enforcing authority as defined in s.
1560 501.203.
1561 (a) Products for which the code establishes standardized
1562 testing or comparative or rational analysis methods shall be
1563 approved by submittal and validation of one of the following
1564 reports or listings indicating that the product or method or
1565 system of construction was evaluated to be in compliance with
1566 the Florida Building Code and that the product or method or
1567 system of construction is, for the purpose intended, at least
1568 equivalent to that required by the Florida Building Code:
1569 1. A certification mark or listing of an approved
1570 certification agency, which may be used only for products for
1571 which the code designates standardized testing;
1572 2. A test report from an approved testing laboratory;
1573 3. A product evaluation report based upon testing or
1574 comparative or rational analysis, or a combination thereof, from
1575 an approved product evaluation entity; or
1576 4. A product evaluation report based upon testing or
1577 comparative or rational analysis, or a combination thereof,
1578 developed and signed and sealed by a professional engineer or
1579 architect, licensed in this state.
1580
1581 A product evaluation report or a certification mark or listing
1582 of an approved certification agency which demonstrates that the
1583 product or method or system of construction complies with the
1584 Florida Building Code for the purpose intended is shall be
1585 equivalent to a test report and test procedure as referenced in
1586 the Florida Building Code. An application for state approval of
1587 a product under subparagraph 1. must be approved by the
1588 department after the commission staff or a designee verifies
1589 that the application and related documentation are complete.
1590 This verification must be completed within 10 business days
1591 after receipt of the application. Upon approval by the
1592 department, the product shall be immediately added to the list
1593 of state-approved products maintained under subsection (13).
1594 Approvals by the department shall be reviewed and ratified by
1595 the commission’s program oversight committee except for a
1596 showing of good cause that a review by the full commission is
1597 necessary. The commission shall adopt rules providing means to
1598 cure deficiencies identified within submittals for products
1599 approved under this paragraph.
1600 (b) Products, methods, or systems of construction for which
1601 there are no specific standardized testing or comparative or
1602 rational analysis methods established in the code may be
1603 approved by submittal and validation of one of the following:
1604 1. A product evaluation report based upon testing or
1605 comparative or rational analysis, or a combination thereof, from
1606 an approved product evaluation entity indicating that the
1607 product or method or system of construction was evaluated to be
1608 in compliance with the intent of the Florida Building Code and
1609 that the product or method or system of construction is, for the
1610 purpose intended, at least equivalent to that required by the
1611 Florida Building Code; or
1612 2. A product evaluation report based upon testing or
1613 comparative or rational analysis, or a combination thereof,
1614 developed and signed and sealed by a professional engineer or
1615 architect, licensed in this state, who certifies that the
1616 product or method or system of construction is, for the purpose
1617 intended, at least equivalent to that required by the Florida
1618 Building Code.
1619 Section 32. Subsections (3), (4), and (5) of section
1620 553.909, Florida Statutes, are amended to read:
1621 553.909 Setting requirements for appliances; exceptions.—
1622 (3) Commercial or residential swimming pool pumps or water
1623 heaters manufactured and sold on or after July 1, 2011, for
1624 installation in this state must shall comply with the
1625 requirements of the Florida Energy Efficiency Code for Building
1626 Construction this subsection.
1627 (a) Natural gas pool heaters shall not be equipped with
1628 constantly burning pilots.
1629 (b) Heat pump pool heaters shall have a coefficient of
1630 performance at low temperature of not less than 4.0.
1631 (c) The thermal efficiency of gas-fired pool heaters and
1632 oil-fired pool heaters shall not be less than 78 percent.
1633 (d) All pool heaters shall have a readily accessible on-off
1634 switch that is mounted outside the heater and that allows
1635 shutting off the heater without adjusting the thermostat
1636 setting.
1637 (4)(a) Residential swimming pool filtration pumps and pump
1638 motors manufactured and sold on or after July 1, 2011, for
1639 installation in this state must comply with the requirements of
1640 the Florida Energy Efficiency Code for Building Construction in
1641 this subsection.
1642 (b) Residential filtration pool pump motors shall not be
1643 split-phase, shaded-pole, or capacitor start-induction run
1644 types.
1645 (c) Residential filtration pool pumps and pool pump motors
1646 with a total horsepower of 1 HP or more shall have the
1647 capability of operating at two or more speeds with a low speed
1648 having a rotation rate that is no more than one-half of the
1649 motor’s maximum rotation rate.
1650 (d) Residential filtration pool pump motor controls shall
1651 have the capability of operating the pool pump at a minimum of
1652 two speeds. The default circulation speed shall be the
1653 residential filtration speed, with a higher speed override
1654 capability being for a temporary period not to exceed one normal
1655 cycle or 24 hours, whichever is less; except that circulation
1656 speed for solar pool heating systems shall be permitted to run
1657 at higher speeds during periods of usable solar heat gain.
1658 (5) Portable electric spas manufactured and sold on or
1659 after July 1, 2011, for installation in this state must comply
1660 with the requirements of the Florida Energy Efficiency Code for
1661 Building Construction spa standby power shall not be greater
1662 than 5(V2/3) watts where V = the total volume, in gallons, when
1663 spas are measured in accordance with the spa industry test
1664 protocol.
1665 Section 33. Paragraph (a) of subsection (2) of section
1666 627.711, Florida Statutes, is amended to read:
1667 627.711 Notice of premium discounts for hurricane loss
1668 mitigation; uniform mitigation verification inspection form.—
1669 (2)(a) The Financial Services Commission shall develop by
1670 rule a uniform mitigation verification inspection form that
1671 shall be used by all insurers when submitted by policyholders
1672 for the purpose of factoring discounts for wind insurance. In
1673 developing the form, the commission shall seek input from
1674 insurance, construction, and building code representatives.
1675 Further, the commission shall provide guidance as to the length
1676 of time the inspection results are valid. An insurer shall
1677 accept as valid a uniform mitigation verification form signed by
1678 the following authorized mitigation inspectors:
1679 1. A home inspector licensed under s. 468.8314 who has
1680 completed at least 3 hours of hurricane mitigation training
1681 approved by the Construction Industry Licensing Board which
1682 includes hurricane mitigation techniques and compliance with the
1683 uniform mitigation verification form and completion of a
1684 proficiency exam. Thereafter, home inspectors licensed under s.
1685 468.8314 must complete at least 2 hours of continuing education,
1686 as part of the existing licensure renewal requirements each
1687 year, related to mitigation inspection and the uniform
1688 mitigation form;
1689 2. A building code inspector certified under s. 468.607;
1690 3. A general, building, or residential contractor licensed
1691 under s. 489.111;
1692 4. A professional engineer licensed under s. 471.015;
1693 5. A professional architect licensed under s. 481.213; or
1694 6. Any other individual or entity recognized by the insurer
1695 as possessing the necessary qualifications to properly complete
1696 a uniform mitigation verification form.
1697 Section 34. This act shall take effect July 1, 2011.