Florida Senate - 2016                              CS for SB 704
       
       
        
       By the Committee on Community Affairs; and Senator Hutson
       
       578-02878-16                                           2016704c1
    1                        A bill to be entitled                      
    2         An act relating to building codes; amending s.
    3         468.609, F.S.; revising the certification examination
    4         requirements for building code inspectors, plans
    5         examiners, and building code administrators;
    6         authorizing a local jurisdiction to allow an
    7         individual who possesses a specified certification to
    8         be a residential building code inspector or plans
    9         examiner within the jurisdiction; requiring, rather
   10         than authorizing, the Florida Building Code
   11         Administrators and Inspectors Board to provide for
   12         issuance of certain provisional certificates;
   13         conforming a cross-reference; amending ss. 468.627,
   14         471.0195, 481.215, and 481.313, F.S.; requiring a
   15         licensee or certificateholder to undergo code-related
   16         training as part of his or her continuing education
   17         courses; amending s. 489.103, F.S.; providing an
   18         exemption for certain employees who make minor repairs
   19         to existing electric water heaters and to existing
   20         electric heating, venting, and air-conditioning
   21         systems under specified circumstances; amending s.
   22         489.105, F.S.; revising the definition of the term
   23         “plumbing contractor”; amending s. 489.115, F.S.;
   24         requiring a certificateholder or registrant to undergo
   25         code-related training as part of his or her continuing
   26         education requirements; amending s. 489.1401, F.S.;
   27         revising legislative intent with respect to the
   28         purpose of the Florida Homeowners’ Construction
   29         Recovery Fund; providing legislative intent that
   30         Division II contractors set apart funds to participate
   31         in the fund; amending s. 489.1402, F.S.; revising
   32         definitions; amending s. 489.141, F.S.; authorizing
   33         certain claimants to make a claim against the recovery
   34         fund for certain contracts entered into before a
   35         specified date; amending s. 489.1425, F.S.; revising a
   36         notification provided by contractors to certain
   37         residential property owners to state that payment from
   38         the recovery fund is limited; amending s. 489.143,
   39         F.S.; revising provisions concerning payments from the
   40         recovery fund; specifying claim amounts for certain
   41         contracts entered into before or after specified
   42         dates; providing aggregate caps for payments; amending
   43         s. 489.503, F.S.; exempting certain low-voltage
   44         landscape lighting from licensed electrical contractor
   45         installation requirements; amending s. 489.517, F.S.;
   46         requiring a certificateholder or registrant to undergo
   47         code-related training as part of his or her continuing
   48         education requirements; amending s. 514.011, F.S.;
   49         revising the definition of the term “private pool”;
   50         amending s. 514.0115, F.S.; prohibiting a portable
   51         pool from being regulated as a public pool in certain
   52         circumstances; amending s. 514.031, F.S.; providing
   53         that a portable pool may not be used as a public pool
   54         unless it is exempt under s. 514.0115, F.S.; amending
   55         s. 553.512, F.S.; revising the membership of the
   56         Accessibility Advisory Council; amending s. 553.721,
   57         F.S.; directing the Florida Building Code Compliance
   58         and Mitigation Program to fund, from existing
   59         resources, the recommendations made by the Building
   60         Code System Uniform Implementation Evaluation
   61         Workgroup; providing a limitation; requiring that a
   62         specified amount of funds from the surcharge be used
   63         to fund certain Florida Fire Prevention Code informal
   64         interpretations; requiring the State Fire Marshal to
   65         adopt specified rules; amending s. 553.73, F.S.;
   66         authorizing local boards created to address specified
   67         issues to combine the appeals boards to create a
   68         single, local board; authorizing the local board to
   69         grant alternatives or modifications through specified
   70         procedures; requiring at least one member of a board
   71         to be a fire protection contractor, a fire protection
   72         design professional, a fire department operations
   73         professional, or a fire code enforcement professional
   74         in order to meet a specified quorum requirement;
   75         authorizing the appeal to a local administrative board
   76         of specified decisions made by a local fire official;
   77         specifying the decisions of the local building
   78         official and the local fire official which are subject
   79         to review; prohibiting the Florida Building Code from
   80         requiring more than one fire access elevator in
   81         certain buildings; prohibiting a 1-hour fire-rated
   82         fire service access elevator lobby from being required
   83         in certain circumstances; requiring a 1-hour fire
   84         related fire service access elevator lobby in certain
   85         circumstances; providing that the requirement for a
   86         second fire service access elevator is not considered
   87         a part of the Florida Building Code; amending s.
   88         553.775, F.S.; revising the membership of a panel that
   89         hears requests to review decisions of local building
   90         officials; amending s. 553.79, F.S.; authorizing a
   91         building official to issue a permit for the
   92         construction of the foundation or any other part of a
   93         building or structure before the construction
   94         documents for the whole building or structure have
   95         been submitted; providing that the holder of such
   96         permit shall begin building at the holder’s own risk
   97         and without assurance that a permit for the entire
   98         structure will be granted; prohibiting a municipality
   99         from denying certain development permit applications
  100         under certain circumstances; amending s. 553.80, F.S.;
  101         prohibiting a local enforcement agency from charging
  102         additional fees related to proof or recording of a
  103         contractor’s license or workers’ compensation
  104         insurance; amending s. 553.841, F.S.; authorizing,
  105         rather than requiring, the Department of Business and
  106         Professional Regulation to maintain, update, develop,
  107         or cause to be developed code-related training and
  108         education; deleting provisions related to the
  109         development of advanced courses with respect to the
  110         Florida Building Code Compliance and Mitigation
  111         Program and the accreditation of courses related to
  112         the Florida Building Code; amending s. 553.842, F.S.;
  113         providing that Underwriters Laboratories, Inc., is an
  114         approved evaluation entity; reviving, readopting, and
  115         amending s. 553.844, F.S.; deleting an obsolete
  116         provision; amending s. 553.883, F.S.; exempting
  117         certain devices from certain smoke alarm battery
  118         requirements; amending s. 553.908, F.S.; providing
  119         that certain provisions of the Florida Building Code
  120         or laws relating to air sealing and insulation cease
  121         to be effective on a specified date; providing for
  122         application of a specified section of the Florida
  123         Building Code (2010) in lieu of the later version of
  124         the code; prohibiting certain governmental entities
  125         from requiring certain HVAC type tests in specific
  126         buildings; authorizing such testing if a certain code
  127         is voluntarily used; amending s. 633.202, F.S.;
  128         requiring all new and existing high-rise buildings to
  129         maintain a minimum radio signal strength for fire
  130         department communications; providing a transitory
  131         period for compliance; requiring existing buildings
  132         and existing apartment buildings that are not in
  133         compliance to initiate an application for an
  134         appropriate permit by a specified date; requiring
  135         areas of refuge to be required as determined by the
  136         Florida Accessibility Code for Building Construction;
  137         amending s. 633.206, F.S.; providing that certain
  138         provisions may be applied to existing assisted living
  139         facilities notwithstanding the edition of the codes
  140         applied at the time of construction; amending s.
  141         633.208, F.S.; authorizing fire officials to consider
  142         certain systems as acceptable systems when identifying
  143         low-cost alternatives; amending s. 633.336, F.S.;
  144         authorizing a licensed fire protection contractor to
  145         subcontract for advanced technical services under
  146         certain circumstances; requiring the Florida Building
  147         Commission to adopt a specified definition of the term
  148         “fire separation distance” in the Florida Building
  149         Code; requiring the commission to amend the Florida
  150         Building Code to allow specified openings and roof
  151         overhang projections in certain circumstances;
  152         creating the Construction Industry Workforce Task
  153         Force within the University of Florida M.E. Rinker,
  154         Sr. School of Construction Management; specifying the
  155         goals of the task force; providing for membership;
  156         requiring the University of Florida M.E. Rinker, Sr.
  157         School of Construction Management to provide
  158         assistance to the task force; providing for meetings;
  159         requiring a report to the Governor and Legislature by
  160         a specified date; providing an appropriation from
  161         specified funds available to the Department of
  162         Business and Professional Regulation; providing for
  163         expiration of the task force; requiring a restaurant,
  164         a cafeteria, or a similar dining facility, including
  165         an associated commercial kitchen, to have a specified
  166         fire area occupancy load; creating the Calder Sloan
  167         Swimming Pool Electrical-Safety Task Force within the
  168         Florida Building Commission; specifying the purpose of
  169         the task force; requiring a report to the Governor and
  170         the Legislature by a specified date; providing for
  171         membership; requiring the Florida Building Commission
  172         to provide staff, information, and other assistance to
  173         the task force; providing that members of the task
  174         force serve without compensation; authorizing the task
  175         force to meet as often as necessary; providing for
  176         future repeal of the task force; directing the Florida
  177         Building Commission to adopt a specific energy rating
  178         index as an option for code compliance; specifying
  179         Climate Zone indices; providing an effective date.
  180          
  181  Be It Enacted by the Legislature of the State of Florida:
  182  
  183         Section 1. Subsection (2) of section 468.609, Florida
  184  Statutes, is amended, present subsections (4) through (10) of
  185  that section are redesignated as subsections (5) through (11),
  186  respectively, a new subsection (3) is added to that section, and
  187  present subsections (3), (4), and (7) of that section are
  188  amended, to read:
  189         468.609 Administration of this part; standards for
  190  certification; additional categories of certification.—
  191         (2) A person may take the examination for certification as
  192  a building code inspector or plans examiner pursuant to this
  193  part if the person:
  194         (a) Is at least 18 years of age.
  195         (b) Is of good moral character.
  196         (c) Meets eligibility requirements according to one of the
  197  following criteria:
  198         1. Demonstrates 5 years’ combined experience in the field
  199  of construction or a related field, building code inspection, or
  200  plans review corresponding to the certification category sought;
  201         2. Demonstrates a combination of postsecondary education in
  202  the field of construction or a related field and experience
  203  which totals 4 years, with at least 1 year of such total being
  204  experience in construction, building code inspection, or plans
  205  review;
  206         3. Demonstrates a combination of technical education in the
  207  field of construction or a related field and experience which
  208  totals 4 years, with at least 1 year of such total being
  209  experience in construction, building code inspection, or plans
  210  review;
  211         4. Currently holds a standard certificate as issued by the
  212  board, or a firesafety fire safety inspector license issued
  213  pursuant to chapter 633, has a minimum of 3 5 years’ verifiable
  214  full-time experience in inspection or plan review, and has
  215  satisfactorily completed completes a building code inspector or
  216  plans examiner training program that provides at least 100
  217  hours, but not more of not less than 200 hours, of cross
  218  training in the certification category sought. The board shall
  219  establish by rule criteria for the development and
  220  implementation of the training programs. The board shall accept
  221  all classroom training offered by an approved provider if the
  222  content substantially meets the intent of the classroom
  223  component of the training program; or
  224         5. Demonstrates a combination of the completion of an
  225  approved training program in the field of building code
  226  inspection or plan review and a minimum of 2 years’ experience
  227  in the field of building code inspection, plan review, fire code
  228  inspections and fire plans review of new buildings as a
  229  firesafety inspector certified under s. 633.216, or
  230  construction. The approved training portion of this requirement
  231  must shall include proof of satisfactory completion of a
  232  training program that provides at least 200 hours, but not more
  233  of not less than 300 hours, of cross-training that which is
  234  approved by the board in the chosen category of building code
  235  inspection or plan review in the certification category sought
  236  with at least not less than 20 hours, but not more than 30
  237  hours, of instruction in state laws, rules, and ethics relating
  238  to professional standards of practice, duties, and
  239  responsibilities of a certificateholder. The board shall
  240  coordinate with the Building Officials Association of Florida,
  241  Inc., to establish by rule the development and implementation of
  242  the training program. However, the board shall accept all
  243  classroom training offered by an approved provider if the
  244  content substantially meets the intent of the classroom
  245  component of the training program; or
  246         6. Currently holds a standard certificate issued by the
  247  board or a firesafety inspector license issued pursuant to
  248  chapter 633 and:
  249         a. Has at least 5 years’ verifiable full-time experience as
  250  an inspector or a plans examiner in a standard certification
  251  category currently held or has a minimum of 5 years’ verifiable
  252  full-time experience as a firesafety inspector licensed pursuant
  253  to chapter 633.
  254         b. Has satisfactorily completed a building code inspector
  255  or plans examiner classroom training course or program that
  256  provides at least 200 hours, but not more than 300 hours, in the
  257  certification category sought, except for one-family and two
  258  family dwelling training programs, which are required to provide
  259  at least 500 hours, but not more than 800 hours, of training as
  260  prescribed by the board. The board shall establish by rule
  261  criteria for the development and implementation of classroom
  262  training courses and programs in each certification category.
  263         (3) Notwithstanding any law to the contrary, a local
  264  jurisdiction may allow an individual who possesses a residential
  265  certification issued by the International Code Council to be a
  266  residential building code inspector or plans examiner within the
  267  jurisdiction.
  268         (4)(3) A person may take the examination for certification
  269  as a building code administrator pursuant to this part if the
  270  person:
  271         (a) Is at least 18 years of age.
  272         (b) Is of good moral character.
  273         (c) Meets eligibility requirements according to one of the
  274  following criteria:
  275         1. Demonstrates 10 years’ combined experience as an
  276  architect, engineer, plans examiner, building code inspector,
  277  registered or certified contractor, or construction
  278  superintendent, with at least 5 years of such experience in
  279  supervisory positions; or
  280         2. Demonstrates a combination of postsecondary education in
  281  the field of construction or related field, no more than 5 years
  282  of which may be applied, and experience as an architect,
  283  engineer, plans examiner, building code inspector, registered or
  284  certified contractor, or construction superintendent which
  285  totals 10 years, with at least 5 years of such total being
  286  experience in supervisory positions. In addition, the applicant
  287  must have completed training consisting of at least 20 hours,
  288  but not more than 30 hours, of instruction in state laws, rules,
  289  and ethics relating to the professional standards of practice,
  290  duties, and responsibilities of a certificateholder.
  291         (5)(4)A No person may not engage in the duties of a
  292  building code administrator, plans examiner, or building code
  293  inspector pursuant to this part after October 1, 1993, unless
  294  such person possesses one of the following types of
  295  certificates, currently valid, issued by the board attesting to
  296  the person’s qualifications to hold such position:
  297         (a) A standard certificate.
  298         (b) A limited certificate.
  299         (c) A provisional certificate.
  300         (d) A residential certificate pursuant to subsection (3).
  301         (8)(a)(7)(a) The board shall may provide for the issuance
  302  of provisional certificates valid for 1 year, as specified by
  303  board rule, to any newly employed or promoted building code
  304  inspector or plans examiner who meets the eligibility
  305  requirements described in subsection (2) and any newly employed
  306  or promoted building code administrator who meets the
  307  eligibility requirements described in subsection (4) (3). The
  308  provisional license may be renewed by the board for just cause;
  309  however, a provisional license is not valid for a period longer
  310  than 3 years.
  311         (b) A No building code administrator, plans examiner, or
  312  building code inspector may not have a provisional certificate
  313  extended beyond the specified period by renewal or otherwise.
  314         (c) The board shall may provide for appropriate levels of
  315  provisional certificates and may issue these certificates with
  316  such special conditions or requirements relating to the place of
  317  employment of the person holding the certificate, the
  318  supervision of such person on a consulting or advisory basis, or
  319  other matters as the board may deem necessary to protect the
  320  public safety and health.
  321         (d) A newly employed or hired person may perform the duties
  322  of a plans examiner or building code inspector for 120 days if a
  323  provisional certificate application has been submitted if such
  324  person is under the direct supervision of a certified building
  325  code administrator who holds a standard certification and who
  326  has found such person qualified for a provisional certificate.
  327  Direct supervision and the determination of qualifications may
  328  also be provided by a building code administrator who holds a
  329  limited or provisional certificate in a county having a
  330  population of fewer than 75,000 and in a municipality located
  331  within such county.
  332         Section 2. Subsection (5) of section 468.627, Florida
  333  Statutes, is amended to read:
  334         468.627 Application; examination; renewal; fees.—
  335         (5) The certificateholder shall provide proof, in a form
  336  established by board rule, that the certificateholder has
  337  completed at least 14 classroom hours of at least 50 minutes
  338  each of continuing education courses during each biennium since
  339  the issuance or renewal of the certificate, including code
  340  related training the specialized or advanced coursework approved
  341  by the Florida Building Commission, as part of the building code
  342  training program established pursuant to s. 553.841, appropriate
  343  to the licensing category sought. A minimum of 3 of the required
  344  14 classroom hours must be on state law, rules, and ethics
  345  relating to professional standards of practice, duties, and
  346  responsibilities of the certificateholder. The board shall by
  347  rule establish criteria for approval of continuing education
  348  courses and providers, and may by rule establish criteria for
  349  accepting alternative nonclassroom continuing education on an
  350  hour-for-hour basis.
  351         Section 3. Section 471.0195, Florida Statutes, is amended
  352  to read:
  353         471.0195 Florida Building Code training for engineers.—All
  354  licensees actively participating in the design of engineering
  355  works or systems in connection with buildings, structures, or
  356  facilities and systems covered by the Florida Building Code
  357  shall take continuing education courses and submit proof to the
  358  board, at such times and in such manner as established by the
  359  board by rule, that the licensee has completed any specialized
  360  or code-related training advanced courses on any portion of the
  361  Florida Building Code applicable to the licensee’s area of
  362  practice. The board shall record reported continuing education
  363  courses on a system easily accessed by code enforcement
  364  jurisdictions for evaluation when determining license status for
  365  purposes of processing design documents. Local jurisdictions
  366  shall be responsible for notifying the board when design
  367  documents are submitted for building construction permits by
  368  persons who are not in compliance with this section. The board
  369  shall take appropriate action as provided by its rules when such
  370  noncompliance is determined to exist.
  371         Section 4. Subsection (5) of section 481.215, Florida
  372  Statutes, is amended to read:
  373         481.215 Renewal of license.—
  374         (5) The board shall require, by rule adopted pursuant to
  375  ss. 120.536(1) and 120.54, a specified number of hours in
  376  specialized or code-related training advanced courses, approved
  377  by the Florida Building Commission, on any portion of the
  378  Florida Building Code, adopted pursuant to part IV of chapter
  379  553, relating to the licensee’s respective area of practice.
  380         Section 5. Subsection (5) of section 481.313, Florida
  381  Statutes, is amended to read:
  382         481.313 Renewal of license.—
  383         (5) The board shall require, by rule adopted pursuant to
  384  ss. 120.536(1) and 120.54, a specified number of hours in
  385  specialized or code-related training advanced courses, approved
  386  by the Florida Building Commission, on any portion of the
  387  Florida Building Code, adopted pursuant to part IV of chapter
  388  553, relating to the licensee’s respective area of practice.
  389         Section 6. Subsection (23) is added to section 489.103,
  390  Florida Statutes, to read:
  391         489.103 Exemptions.—This part does not apply to:
  392         (23) An employee of an apartment community or apartment
  393  community management company who makes minor repairs to existing
  394  electric water heaters or to existing electric heating, venting,
  395  and air-conditioning systems if:
  396         (a) The employee:
  397         1. Does not hold himself or herself or his or her employer
  398  out to be licensed or qualified by a licensee.
  399         2. Does not perform any acts, other than acts authorized by
  400  this exemption, which constitute contracting.
  401         3. Receives compensation from and is under the supervision
  402  and control of an employer who deducts the FICA and withholding
  403  tax and who provides workers’ compensation, as prescribed by
  404  law.
  405         4. Holds a current certificate for apartment maintenance
  406  technicians issued by the National Apartment Association and
  407  accredited by the American National Standards Institute.
  408  Requirements for obtaining such certificate must include at
  409  least:
  410         a. One year of apartment or rental housing maintenance
  411  experience.
  412         b. Successful completion of at least 90 hours of courses or
  413  online content that covers electrical maintenance and repair;
  414  plumbing maintenance and repair; heating, venting, or air
  415  conditioning system maintenance and repair; appliance
  416  maintenance and repair; and interior and exterior maintenance
  417  and repair.
  418         c. Completion of all examination requirements.
  419         (b) The equipment:
  420         1. Is already installed on the property owned by the
  421  apartment community or managed by the apartment community
  422  management company.
  423         2. Is not being modified except to replace components
  424  necessary to return the equipment to its original condition and
  425  the partial disassembly associated with the replacement.
  426         3. Is a type of equipment commonly installed in similar
  427  locations.
  428         4. Is repaired with new parts that are functionally
  429  identical to the parts being replaced.
  430         (c) An individual repair does not involve replacement parts
  431  that cost more than $1,000. An individual repair may not be so
  432  extensive as to be a functional replacement of the electric
  433  water heater or the existing electric heating, venting, or air
  434  conditioning system being repaired.
  435         (d) The property owned by the apartment community or
  436  managed by the apartment community management company includes
  437  at least 100 apartments.
  438         Section 7. Paragraph (m) of subsection (3) of section
  439  489.105, Florida Statutes, is amended to read:
  440         489.105 Definitions.—As used in this part:
  441         (3) “Contractor” means the person who is qualified for, and
  442  is only responsible for, the project contracted for and means,
  443  except as exempted in this part, the person who, for
  444  compensation, undertakes to, submits a bid to, or does himself
  445  or herself or by others construct, repair, alter, remodel, add
  446  to, demolish, subtract from, or improve any building or
  447  structure, including related improvements to real estate, for
  448  others or for resale to others; and whose job scope is
  449  substantially similar to the job scope described in one of the
  450  paragraphs of this subsection. For the purposes of regulation
  451  under this part, the term “demolish” applies only to demolition
  452  of steel tanks more than 50 feet in height; towers more than 50
  453  feet in height; other structures more than 50 feet in height;
  454  and all buildings or residences. Contractors are subdivided into
  455  two divisions, Division I, consisting of those contractors
  456  defined in paragraphs (a)-(c), and Division II, consisting of
  457  those contractors defined in paragraphs (d)-(q):
  458         (m) “Plumbing contractor” means a contractor whose services
  459  are unlimited in the plumbing trade and includes contracting
  460  business consisting of the execution of contracts requiring the
  461  experience, financial means, knowledge, and skill to install,
  462  maintain, repair, alter, extend, or, if not prohibited by law,
  463  design plumbing. A plumbing contractor may install, maintain,
  464  repair, alter, extend, or, if not prohibited by law, design the
  465  following without obtaining an additional local regulatory
  466  license, certificate, or registration: sanitary drainage or
  467  storm drainage facilities, water and sewer plants and
  468  substations, venting systems, public or private water supply
  469  systems, septic tanks, drainage and supply wells, swimming pool
  470  piping, irrigation systems, and solar heating water systems and
  471  all appurtenances, apparatus, or equipment used in connection
  472  therewith, including boilers and pressure process piping and
  473  including the installation of water, natural gas, liquefied
  474  petroleum gas and related venting, and storm and sanitary sewer
  475  lines. The scope of work of the plumbing contractor also
  476  includes the design, if not prohibited by law, and installation,
  477  maintenance, repair, alteration, or extension of air-piping,
  478  vacuum line piping, oxygen line piping, nitrous oxide piping,
  479  and all related medical gas systems; fire line standpipes and
  480  fire sprinklers if authorized by law; ink and chemical lines;
  481  fuel oil and gasoline piping and tank and pump installation,
  482  except bulk storage plants; and pneumatic control piping
  483  systems, all in a manner that complies with all plans,
  484  specifications, codes, laws, and regulations applicable. The
  485  scope of work of the plumbing contractor applies to private
  486  property and public property, including any excavation work
  487  incidental thereto, and includes the work of the specialty
  488  plumbing contractor. Such contractor shall subcontract, with a
  489  qualified contractor in the field concerned, all other work
  490  incidental to the work but which is specified as being the work
  491  of a trade other than that of a plumbing contractor. This
  492  definition does not limit the scope of work of any specialty
  493  contractor certified pursuant to s. 489.113(6), and does not
  494  require certification or registration under this part as a
  495  category I liquefied petroleum gas dealer, LP gas installer, or
  496  specialty installer who is licensed under chapter 527 or an of
  497  any authorized employee of a public natural gas utility or of a
  498  private natural gas utility regulated by the Public Service
  499  Commission when disconnecting and reconnecting water lines in
  500  the servicing or replacement of an existing water heater. A
  501  plumbing contractor may perform drain cleaning and clearing and
  502  install or repair rainwater catchment systems; however, a
  503  mandatory licensing requirement is not established for the
  504  performance of these specific services.
  505         Section 8. Paragraph (b) of subsection (4) of section
  506  489.115, Florida Statutes, is amended to read:
  507         489.115 Certification and registration; endorsement;
  508  reciprocity; renewals; continuing education.—
  509         (4)
  510         (b)1. Each certificateholder or registrant shall provide
  511  proof, in a form established by rule of the board, that the
  512  certificateholder or registrant has completed at least 14
  513  classroom hours of at least 50 minutes each of continuing
  514  education courses during each biennium since the issuance or
  515  renewal of the certificate or registration. The board shall
  516  establish by rule that a portion of the required 14 hours must
  517  deal with the subject of workers’ compensation, business
  518  practices, workplace safety, and, for applicable licensure
  519  categories, wind mitigation methodologies, and 1 hour of which
  520  must deal with laws and rules. The board shall by rule establish
  521  criteria for the approval of continuing education courses and
  522  providers, including requirements relating to the content of
  523  courses and standards for approval of providers, and may by rule
  524  establish criteria for accepting alternative nonclassroom
  525  continuing education on an hour-for-hour basis. The board shall
  526  prescribe by rule the continuing education, if any, which is
  527  required during the first biennium of initial licensure. A
  528  person who has been licensed for less than an entire biennium
  529  must not be required to complete the full 14 hours of continuing
  530  education.
  531         2. In addition, the board may approve specialized
  532  continuing education courses on compliance with the wind
  533  resistance provisions for one and two family dwellings contained
  534  in the Florida Building Code and any alternate methodologies for
  535  providing such wind resistance which have been approved for use
  536  by the Florida Building Commission. Division I
  537  certificateholders or registrants who demonstrate proficiency
  538  upon completion of such specialized courses may certify plans
  539  and specifications for one and two family dwellings to be in
  540  compliance with the code or alternate methodologies, as
  541  appropriate, except for dwellings located in floodways or
  542  coastal hazard areas as defined in ss. 60.3D and E of the
  543  National Flood Insurance Program.
  544         3. The board shall require, by rule adopted pursuant to ss.
  545  120.536(1) and 120.54, a specified number of hours in
  546  specialized or code-related training advanced module courses,
  547  approved by the Florida Building Commission, on any portion of
  548  the Florida Building Code, adopted pursuant to part IV of
  549  chapter 553, relating to the contractor’s respective discipline.
  550         Section 9. Subsections (2) and (3) of section 489.1401,
  551  Florida Statutes, are amended to read:
  552         489.1401 Legislative intent.—
  553         (2) It is the intent of the Legislature that the sole
  554  purpose of the Florida Homeowners’ Construction Recovery Fund is
  555  to compensate an any aggrieved claimant who contracted for the
  556  construction or improvement of the homeowner’s residence located
  557  within this state and who has obtained a final judgment in a any
  558  court of competent jurisdiction, was awarded restitution by the
  559  Construction Industry Licensing Board, or received an award in
  560  arbitration against a licensee on grounds of financial
  561  mismanagement or misconduct, abandoning a construction project,
  562  or making a false statement with respect to a project. Such
  563  grievance must arise and arising directly out of a any
  564  transaction conducted when the judgment debtor was licensed and
  565  must involve an act performed any of the activities enumerated
  566  under s. 489.129(1)(g), (j) or (k) on the homeowner’s residence.
  567         (3) It is the intent of the Legislature that Division I and
  568  Division II contractors set apart funds for the specific
  569  objective of participating in the fund.
  570         Section 10. Paragraphs (d), (i), (k), and (l) of subsection
  571  (1) of section 489.1402, Florida Statutes, are amended to read:
  572         489.1402 Homeowners’ Construction Recovery Fund;
  573  definitions.—
  574         (1) The following definitions apply to ss. 489.140-489.144:
  575         (d) “Contractor” means a Division I or Division II
  576  contractor performing his or her respective services described
  577  in s. 489.105(3) s. 489.105(3)(a)-(c).
  578         (i) “Residence” means a single-family residence, an
  579  individual residential condominium or cooperative unit, or a
  580  residential building containing not more than two residential
  581  units in which the owner contracting for the improvement is
  582  residing or will reside 6 months or more each calendar year upon
  583  completion of the improvement.
  584         (k) “Same transaction” means a contract, or a any series of
  585  contracts, between a claimant and a contractor or qualified
  586  business, when such contract or contracts involve the same
  587  property or contiguous properties and are entered into either at
  588  one time or serially.
  589         (l) “Valid and current license,” for the purpose of s.
  590  489.141(2)(d), means a any license issued pursuant to this part
  591  to a licensee, including a license in an active, inactive,
  592  delinquent, or suspended status.
  593         Section 11. Subsections (1) and (2) of section 489.141,
  594  Florida Statutes, are amended to read:
  595         489.141 Conditions for recovery; eligibility.—
  596         (1) A Any claimant is eligible to seek recovery from the
  597  recovery fund after making having made a claim and exhausting
  598  the limits of any available bond, cash bond, surety, guarantee,
  599  warranty, letter of credit, or policy of insurance if, provided
  600  that each of the following conditions is satisfied:
  601         (a) The claimant has received a final judgment in a court
  602  of competent jurisdiction in this state or has received an award
  603  in arbitration or the Construction Industry Licensing Board has
  604  issued a final order directing the licensee to pay restitution
  605  to the claimant. The board may waive this requirement if:
  606         1. The claimant is unable to secure a final judgment
  607  against the licensee due to the death of the licensee; or
  608         2. The claimant has sought to have assets involving the
  609  transaction that gave rise to the claim removed from the
  610  bankruptcy proceedings so that the matter might be heard in a
  611  court of competent jurisdiction in this state and, after due
  612  diligence, the claimant is precluded by action of the bankruptcy
  613  court from securing a final judgment against the licensee.
  614         (b) The judgment, award, or restitution is based upon a
  615  violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.
  616         (c) The violation was committed by a licensee.
  617         (d) The judgment, award, or restitution order specifies the
  618  actual damages suffered as a consequence of such violation.
  619         (e) The contract was executed and the violation occurred on
  620  or after July 1, 1993, and provided that:
  621         1. The claimant has caused to be issued a writ of execution
  622  upon such judgment, and the officer executing the writ has made
  623  a return showing that no personal or real property of the
  624  judgment debtor or licensee liable to be levied upon in
  625  satisfaction of the judgment can be found or that the amount
  626  realized on the sale of the judgment debtor’s or licensee’s
  627  property pursuant to such execution was insufficient to satisfy
  628  the judgment;
  629         2. If the claimant is unable to comply with subparagraph 1.
  630  for a valid reason to be determined by the board, the claimant
  631  has made all reasonable searches and inquiries to ascertain
  632  whether the judgment debtor or licensee is possessed of real or
  633  personal property or other assets subject to being sold or
  634  applied in satisfaction of the judgment and by his or her search
  635  has discovered no property or assets or has discovered property
  636  and assets and has taken all necessary action and proceedings
  637  for the application thereof to the judgment but the amount
  638  thereby realized was insufficient to satisfy the judgment; and
  639         3. The claimant has made a diligent attempt, as defined by
  640  board rule, to collect the restitution awarded by the board.
  641         (f) A claim for recovery is made within 1 year after the
  642  conclusion of any civil, criminal, or administrative action or
  643  award in arbitration based on the act. This paragraph applies to
  644  any claim filed with the board after October 1, 1998.
  645         (g) Any amounts recovered by the claimant from the judgment
  646  debtor or licensee, or from any other source, have been applied
  647  to the damages awarded by the court or the amount of restitution
  648  ordered by the board.
  649         (h) The claimant is not a person who is precluded by this
  650  act from making a claim for recovery.
  651         (2) A claimant is not qualified to make a claim for
  652  recovery from the recovery fund, if:
  653         (a) The claimant is the spouse of the judgment debtor or
  654  licensee or a personal representative of such spouse;
  655         (b) The claimant is a licensee who acted as the contractor
  656  in the transaction that which is the subject of the claim;
  657         (c) The claim is based upon a construction contract in
  658  which the licensee was acting with respect to the property owned
  659  or controlled by the licensee;
  660         (d) The claim is based upon a construction contract in
  661  which the contractor did not hold a valid and current license at
  662  the time of the construction contract;
  663         (e) The claimant was associated in a business relationship
  664  with the licensee other than the contract at issue; or
  665         (f) The claimant has suffered damages as the result of
  666  making improper payments to a contractor as defined in part I of
  667  chapter 713; or
  668         (f)(g) The claimant had entered into a contract has
  669  contracted with a licensee to perform a scope of work described
  670  in s. 489.105(3)(d)-(q) before July 1, 2016 s. 489.105(3)(d)
  671  (p).
  672         Section 12. Subsection (1) of section 489.1425, Florida
  673  Statutes, is amended to read:
  674         489.1425 Duty of contractor to notify residential property
  675  owner of recovery fund.—
  676         (1) Each Any agreement or contract for repair, restoration,
  677  improvement, or construction to residential real property must
  678  contain a written statement explaining the consumer’s rights
  679  under the recovery fund, except where the value of all labor and
  680  materials does not exceed $2,500. The written statement must be
  681  substantially in the following form:
  682  
  683                  FLORIDA HOMEOWNERS’ CONSTRUCTION                 
  684                            RECOVERY FUND                          
  685  
  686  PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
  687  FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
  688  ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
  689  FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
  690  CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
  691  CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
  692  AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
  693  
  694  The statement must shall be immediately followed by the board’s
  695  address and telephone number as established by board rule.
  696         Section 13. Section 489.143, Florida Statutes, is amended
  697  to read:
  698         489.143 Payment from the fund.—
  699         (1) The fund shall be disbursed as provided in s. 489.141
  700  on a final order of the board.
  701         (2) A Any claimant who meets all of the conditions
  702  prescribed in s. 489.141 may apply to the board to cause payment
  703  to be made to a claimant from the recovery fund in an amount
  704  equal to the judgment, award, or restitution order or $25,000,
  705  whichever is less, or an amount equal to the unsatisfied portion
  706  of such person’s judgment, award, or restitution order, but only
  707  to the extent and amount of actual damages suffered by the
  708  claimant, and only up to the maximum payment allowed for each
  709  respective Division I and Division II claim. Payment from the
  710  fund for other costs related to or pursuant to civil proceedings
  711  such as postjudgment interest, attorney attorney’s fees, court
  712  costs, medical damages, and punitive damages is prohibited. The
  713  recovery fund is not obligated to pay a any judgment, an award,
  714  or a restitution order, or any portion thereof, which is not
  715  expressly based on one of the grounds for recovery set forth in
  716  s. 489.141.
  717         (3) Beginning January 1, 2005, for each Division I contract
  718  entered into after July 1, 2004, payment from the recovery fund
  719  is shall be subject to a $50,000 maximum payment for each
  720  Division I claim. Beginning January 1, 2017, for each Division
  721  II contract entered into on or after July 1, 2016, payment from
  722  the recovery fund is subject to a $15,000 maximum payment for
  723  each Division II claim.
  724         (4)(3) Upon receipt by a claimant under subsection (2) of
  725  payment from the recovery fund, the claimant shall assign his or
  726  her additional right, title, and interest in the judgment,
  727  award, or restitution order, to the extent of such payment, to
  728  the board, and thereupon the board shall be subrogated to the
  729  right, title, and interest of the claimant; and any amount
  730  subsequently recovered on the judgment, award, or restitution
  731  order, to the extent of the right, title, and interest of the
  732  board therein, shall be for the purpose of reimbursing the
  733  recovery fund.
  734         (5)(4) Payments for claims arising out of the same
  735  transaction are shall be limited, in the aggregate, to the
  736  lesser of the judgment, award, or restitution order or the
  737  maximum payment allowed for a Division I or Division II claim,
  738  regardless of the number of claimants involved in the
  739  transaction.
  740         (6)(5)For contracts entered into before July 1, 2004,
  741  payments for claims against any one licensee may shall not
  742  exceed, in the aggregate, $100,000 annually, up to a total
  743  aggregate of $250,000. For any claim approved by the board which
  744  is in excess of the annual cap, the amount in excess of $100,000
  745  up to the total aggregate cap of $250,000 is eligible for
  746  payment in the next and succeeding fiscal years, but only after
  747  all claims for the then-current calendar year have been paid.
  748  Payments may not exceed the aggregate annual or per claimant
  749  limits under law. Beginning January 1, 2005, for each Division I
  750  contract entered into after July 1, 2004, payment from the
  751  recovery fund is subject only to a total aggregate cap of
  752  $500,000 for each Division I licensee. Beginning January 1,
  753  2017, for each Division II contract entered into on or after
  754  July 1, 2016, payment from the recovery fund is subject only to
  755  a total aggregate cap of $150,000 for each Division II licensee.
  756         (7)(6) Claims shall be paid in the order filed, up to the
  757  aggregate limits for each transaction and licensee and to the
  758  limits of the amount appropriated to pay claims against the fund
  759  for the fiscal year in which the claims were filed. Payments may
  760  not exceed the total aggregate cap per license or per claimant
  761  limits under this section.
  762         (8)(7) If the annual appropriation is exhausted with claims
  763  pending, such claims shall be carried forward to the next fiscal
  764  year. Any moneys in excess of pending claims remaining in the
  765  recovery fund at the end of the fiscal year shall be paid as
  766  provided in s. 468.631.
  767         (9)(8) Upon the payment of any amount from the recovery
  768  fund in settlement of a claim in satisfaction of a judgment,
  769  award, or restitution order against a licensee as described in
  770  s. 489.141, the license of such licensee shall be automatically
  771  suspended, without further administrative action, upon the date
  772  of payment from the fund. The license of such licensee may shall
  773  not be reinstated until he or she has repaid in full, plus
  774  interest, the amount paid from the fund. A discharge of
  775  bankruptcy does not relieve a person from the penalties and
  776  disabilities provided in this section.
  777         (10)(9)A Any firm, a corporation, a partnership, or an
  778  association, or a any person acting in his or her individual
  779  capacity, who aids, abets, solicits, or conspires with another
  780  any person to knowingly present or cause to be presented a any
  781  false or fraudulent claim for the payment of a loss under this
  782  act commits is guilty of a third-degree felony, punishable as
  783  provided in s. 775.082 or s. 775.084 and by a fine of up to not
  784  exceeding $30,000, unless the value of the fraud exceeds that
  785  amount, $30,000 in which event the fine may not exceed double
  786  the value of the fraud.
  787         (11)(10)Each payment All payments and disbursement
  788  disbursements from the recovery fund shall be made by the Chief
  789  Financial Officer upon a voucher signed by the secretary of the
  790  department or the secretary’s designee.
  791         Section 14. Subsection (24) is added to section 489.503,
  792  Florida Statutes, to read:
  793         489.503 Exemptions.—This part does not apply to:
  794         (24) A person who installs low-voltage landscape lighting
  795  that contains a factory-installed electrical cord with plug
  796  which does not require installation, wiring, or other
  797  modification to the electrical wiring of a structure.
  798         Section 15. Subsection (6) of section 489.517, Florida
  799  Statutes, is amended to read:
  800         489.517 Renewal of certificate or registration; continuing
  801  education.—
  802         (6) The board shall require, by rule adopted pursuant to
  803  ss. 120.536(1) and 120.54, a specialized number of hours in
  804  specialized or code-related training advanced module courses,
  805  approved by the Florida Building Commission, on any portion of
  806  the Florida Building Code, adopted pursuant to part IV of
  807  chapter 553, relating to the contractor’s respective discipline.
  808         Section 16. Subsection (3) of section 514.011, Florida
  809  Statutes, is amended to read:
  810         514.011 Definitions.—As used in this chapter:
  811         (3) “Private pool” means a facility used only by an
  812  individual, family, or living unit members and their guests
  813  which does not serve any type of cooperative housing or joint
  814  tenancy of five or more living units. For purposes of the
  815  exemptions provided under s. 514.0115, the term includes a
  816  portable pool used exclusively for providing swimming lessons or
  817  related instruction in support of an established educational
  818  program sponsored or provided by a county school district.
  819         Section 17. Subsection (3) of section 514.0115, Florida
  820  Statutes, is amended to read:
  821         514.0115 Exemptions from supervision or regulation;
  822  variances.—
  823         (3) A private pool used for instructional purposes in
  824  swimming may shall not be regulated as a public pool. A portable
  825  pool used for instructional purposes or to further an approved
  826  educational program may not be regulated as a public pool.
  827         Section 18. Subsection (5) of section 514.031, Florida
  828  Statutes, is amended to read:
  829         514.031 Permit necessary to operate public swimming pool.—
  830         (5) An owner or operator of a public swimming pool,
  831  including, but not limited to, a spa, wading, or special purpose
  832  pool, to which admittance is obtained by membership for a fee
  833  shall post in a prominent location within the facility the most
  834  recent pool inspection report issued by the department
  835  pertaining to the health and safety conditions of such facility.
  836  The report shall be legible and readily accessible to members or
  837  potential members. The department shall adopt rules to enforce
  838  this subsection. A portable pool may not be used as a public
  839  pool unless it is exempt under s. 514.0115.
  840         Section 19. Subsection (2) of section 553.512, Florida
  841  Statutes, is amended to read:
  842         553.512 Modifications and waivers; advisory council.—
  843         (2) The Accessibility Advisory Council shall consist of the
  844  following seven members, who shall be knowledgeable in the area
  845  of accessibility for persons with disabilities. The Secretary of
  846  Business and Professional Regulation shall appoint the
  847  following: a representative from the Advocacy Center for Persons
  848  with Disabilities, Inc.; a representative from the Division of
  849  Blind Services; a representative from the Division of Vocational
  850  Rehabilitation; a representative from a statewide organization
  851  representing the physically handicapped; a representative from
  852  the hearing impaired; a representative from the Pensacola Pen
  853  Wheels, Inc., Employ the Handicapped Council President, Florida
  854  Council of Handicapped Organizations; and a representative of
  855  the Paralyzed Veterans of America. The terms for the first three
  856  council members appointed subsequent to October 1, 1991, shall
  857  be for 4 years, the terms for the next two council members
  858  appointed shall be for 3 years, and the terms for the next two
  859  members shall be for 2 years. Thereafter, all council member
  860  appointments shall be for terms of 4 years. No council member
  861  shall serve more than two 4-year terms subsequent to October 1,
  862  1991. Any member of the council may be replaced by the secretary
  863  upon three unexcused absences. Upon application made in the form
  864  provided, an individual waiver or modification may be granted by
  865  the commission so long as such modification or waiver is not in
  866  conflict with more stringent standards provided in another
  867  chapter.
  868         Section 20. Section 553.721, Florida Statutes, is amended
  869  to read:
  870         553.721 Surcharge.—In order for the Department of Business
  871  and Professional Regulation to administer and carry out the
  872  purposes of this part and related activities, there is created a
  873  surcharge, to be assessed at the rate of 1.5 percent of the
  874  permit fees associated with enforcement of the Florida Building
  875  Code as defined by the uniform account criteria and specifically
  876  the uniform account code for building permits adopted for local
  877  government financial reporting pursuant to s. 218.32. The
  878  minimum amount collected on any permit issued shall be $2. The
  879  unit of government responsible for collecting a permit fee
  880  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  881  surcharge and electronically remit the funds collected to the
  882  department on a quarterly calendar basis for the preceding
  883  quarter and continuing each third month thereafter. The unit of
  884  government shall retain 10 percent of the surcharge collected to
  885  fund the participation of building departments in the national
  886  and state building code adoption processes and to provide
  887  education related to enforcement of the Florida Building Code.
  888  All funds remitted to the department pursuant to this section
  889  shall be deposited in the Professional Regulation Trust Fund.
  890  Funds collected from the surcharge shall be allocated to fund
  891  the Florida Building Commission and the Florida Building Code
  892  Compliance and Mitigation Program under s. 553.841. Funds
  893  allocated to the Florida Building Code Compliance and Mitigation
  894  Program shall be $925,000 each fiscal year. The Florida Building
  895  Code Compliance and Mitigation Program shall fund the
  896  recommendations made by the Building Code System Uniform
  897  Implementation Evaluation Workgroup, dated April 8, 2013, from
  898  existing resources, not to exceed $30,000 in the 2016-2017
  899  fiscal year. Funds collected from the surcharge shall also be
  900  used to fund Florida Fire Prevention Code informal
  901  interpretations managed by the State Fire Marshal and shall be
  902  limited to $15,000 each fiscal year. The State Fire Marshal
  903  shall adopt rules to address the implementation and expenditure
  904  of the funds allocated to fund the Florida Fire Prevention Code
  905  informal interpretations under this section. The funds collected
  906  from the surcharge may not be used to fund research on
  907  techniques for mitigation of radon in existing buildings. Funds
  908  used by the department as well as funds to be transferred to the
  909  Department of Health and the State Fire Marshal shall be as
  910  prescribed in the annual General Appropriations Act. The
  911  department shall adopt rules governing the collection and
  912  remittance of surcharges pursuant to chapter 120.
  913         Section 21. Subsections (11) and (15) of section 553.73,
  914  Florida Statutes, are amended, and subsection (19) is added to
  915  that section, to read:
  916         553.73 Florida Building Code.—
  917         (11)(a) In the event of a conflict between the Florida
  918  Building Code and the Florida Fire Prevention Code and the Life
  919  Safety Code as applied to a specific project, the conflict shall
  920  be resolved by agreement between the local building code
  921  enforcement official and the local fire code enforcement
  922  official in favor of the requirement of the code which offers
  923  the greatest degree of lifesafety or alternatives which would
  924  provide an equivalent degree of lifesafety and an equivalent
  925  method of construction. Local boards created to address issues
  926  arising under the Florida Building Code or the Florida Fire
  927  Prevention Code may combine the appeals boards to create a
  928  single, local board having jurisdiction over matters arising
  929  under either code or both codes. The combined local appeals
  930  board may grant alternatives or modifications through procedures
  931  outlined in NFPA 1, Section 1.4, but may not waive the
  932  requirements of the Florida Fire Prevention Code. To meet the
  933  quorum requirement for convening the combined local appeals
  934  board, at least one member of the board who is a fire protection
  935  contractor, a fire protection design professional, a fire
  936  department operations professional, or a fire code enforcement
  937  professional must be present.
  938         (b) Any decision made by the local fire official regarding
  939  application, interpretation, or enforcement of the Florida Fire
  940  Prevention Code, by and the local building official regarding
  941  application, interpretation, or enforcement of the Florida
  942  Building Code, or the appropriate application of either code or
  943  both codes in the case of a conflict between the codes may be
  944  appealed to a local administrative board designated by the
  945  municipality, county, or special district having firesafety
  946  responsibilities. If the decision of the local fire official and
  947  the local building official is to apply the provisions of either
  948  the Florida Building Code or the Florida Fire Prevention Code
  949  and the Life Safety Code, the board may not alter the decision
  950  unless the board determines that the application of such code is
  951  not reasonable. If the decision of the local fire official and
  952  the local building official is to adopt an alternative to the
  953  codes, the local administrative board shall give due regard to
  954  the decision rendered by the local officials and may modify that
  955  decision if the administrative board adopts a better
  956  alternative, taking into consideration all relevant
  957  circumstances. In any case in which the local administrative
  958  board adopts alternatives to the decision rendered by the local
  959  fire official and the local building official, such alternatives
  960  shall provide an equivalent degree of lifesafety and an
  961  equivalent method of construction as the decision rendered by
  962  the local officials.
  963         (c) If the local building official and the local fire
  964  official are unable to agree on a resolution of the conflict
  965  between the Florida Building Code and the Florida Fire
  966  Prevention Code and the Life Safety Code, the local
  967  administrative board shall resolve the conflict in favor of the
  968  code which offers the greatest degree of lifesafety or
  969  alternatives which would provide an equivalent degree of
  970  lifesafety and an equivalent method of construction.
  971         (d) All decisions of the local administrative board, or, if
  972  none exists, the decisions of the local building official and
  973  the local fire official in regard to the application,
  974  enforcement, or interpretation of the Florida Fire Prevention
  975  Code, or conflicts between the Florida Fire Prevention Code and
  976  the Florida Building Code, are subject to review by a joint
  977  committee composed of members of the Florida Building Commission
  978  and the Fire Code Advisory Council. If the joint committee is
  979  unable to resolve conflicts between the codes as applied to a
  980  specific project, the matter shall be resolved pursuant to the
  981  provisions of paragraph (1)(d). Decisions of the local
  982  administrative board related solely to the Florida Building Code
  983  are subject to review as set forth in s. 553.775.
  984         (e) The local administrative board shall, to the greatest
  985  extent possible, be composed of members with expertise in
  986  building construction and firesafety standards.
  987         (f) All decisions of the local building official and local
  988  fire official and all decisions of the administrative board
  989  shall be in writing and shall be binding upon a person but do
  990  not limit the authority of the State Fire Marshal or the Florida
  991  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
  992  and 633.228. Decisions of general application shall be indexed
  993  by building and fire code sections and shall be available for
  994  inspection during normal business hours.
  995         (15) An agency or local government may not require that
  996  existing mechanical equipment located on or above the surface of
  997  a roof be installed in compliance with the requirements of the
  998  Florida Building Code except during reroofing when the equipment
  999  is being replaced or moved during reroofing and is not in
 1000  compliance with the provisions of the Florida Building Code
 1001  relating to roof-mounted mechanical units.
 1002         (19) The Florida Building Code may not require more than
 1003  one fire service access elevator in a residential occupancy
 1004  where the highest occupiable floor is less than 420 feet above
 1005  the level of fire service access and all remaining elevators are
 1006  provided with Phase I and II emergency operations. Where fire
 1007  service access elevators are required, the code may not require
 1008  a 1-hour fire-rated fire service access elevator lobby with
 1009  direct access from the fire service access elevators if the fire
 1010  service access elevators open into an exit access corridor that
 1011  is at least 150 square feet with the exception of door openings;
 1012  is no less than 6 feet wide for its entire length; and has a
 1013  minimum 1-hour fire rating with three-quarter hour fire and
 1014  smoke rated openings and if, and during a fire event, the fire
 1015  service access elevators are pressurized and floor-to-floor
 1016  smoke control is provided. However, where transient residential
 1017  occupancies occur at floor levels above 420 feet above the level
 1018  of fire service access, a 1-hour fire-rated fire service access
 1019  elevator lobby with direct access from the fire service access
 1020  elevators is required. The requirement for a second fire service
 1021  access elevator is not considered a part of the Florida Building
 1022  Code and therefore does not take effect until July 1, 2017.
 1023         Section 22. Paragraph (c) of subsection (3) of section
 1024  553.775, Florida Statutes, is amended to read:
 1025         553.775 Interpretations.—
 1026         (3) The following procedures may be invoked regarding
 1027  interpretations of the Florida Building Code or the Florida
 1028  Accessibility Code for Building Construction:
 1029         (c) The commission shall review decisions of local building
 1030  officials and local enforcement agencies regarding
 1031  interpretations of the Florida Building Code or the Florida
 1032  Accessibility Code for Building Construction after the local
 1033  board of appeals has considered the decision, if such board
 1034  exists, and if such appeals process is concluded within 25
 1035  business days.
 1036         1. The commission shall coordinate with the Building
 1037  Officials Association of Florida, Inc., to designate a panel
 1038  panels composed of seven five members to hear requests to review
 1039  decisions of local building officials. Five The members must be
 1040  licensed as building code administrators under part XII of
 1041  chapter 468, one member must be licensed as an architect under
 1042  chapter 481, and one member must be licensed as an engineer
 1043  under chapter 471. Each member and must have experience
 1044  interpreting or and enforcing provisions of the Florida Building
 1045  Code and the Florida Accessibility Code for Building
 1046  Construction.
 1047         2. Requests to review a decision of a local building
 1048  official interpreting provisions of the Florida Building Code or
 1049  the Florida Accessibility Code for Building Construction may be
 1050  initiated by any substantially affected person, including an
 1051  owner or builder subject to a decision of a local building
 1052  official or an association of owners or builders having members
 1053  who are subject to a decision of a local building official. In
 1054  order to initiate review, the substantially affected person must
 1055  file a petition with the commission. The commission shall adopt
 1056  a form for the petition, which shall be published on the
 1057  Building Code Information System. The form shall, at a minimum,
 1058  require the following:
 1059         a. The name and address of the county or municipality in
 1060  which provisions of the Florida Building Code or the Florida
 1061  Accessibility Code for Building Construction are being
 1062  interpreted.
 1063         b. The name and address of the local building official who
 1064  has made the interpretation being appealed.
 1065         c. The name, address, and telephone number of the
 1066  petitioner; the name, address, and telephone number of the
 1067  petitioner’s representative, if any; and an explanation of how
 1068  the petitioner’s substantial interests are being affected by the
 1069  local interpretation of the Florida Building Code or the Florida
 1070  Accessibility Code for Building Construction.
 1071         d. A statement of the provisions of the Florida Building
 1072  Code or the Florida Accessibility Code for Building Construction
 1073  which are being interpreted by the local building official.
 1074         e. A statement of the interpretation given to provisions of
 1075  the Florida Building Code or the Florida Accessibility Code for
 1076  Building Construction by the local building official and the
 1077  manner in which the interpretation was rendered.
 1078         f. A statement of the interpretation that the petitioner
 1079  contends should be given to the provisions of the Florida
 1080  Building Code or the Florida Accessibility Code for Building
 1081  Construction and a statement supporting the petitioner’s
 1082  interpretation.
 1083         g. Space for the local building official to respond in
 1084  writing. The space shall, at a minimum, require the local
 1085  building official to respond by providing a statement admitting
 1086  or denying the statements contained in the petition and a
 1087  statement of the interpretation of the provisions of the Florida
 1088  Building Code or the Florida Accessibility Code for Building
 1089  Construction which the local jurisdiction or the local building
 1090  official contends is correct, including the basis for the
 1091  interpretation.
 1092         3. The petitioner shall submit the petition to the local
 1093  building official, who shall place the date of receipt on the
 1094  petition. The local building official shall respond to the
 1095  petition in accordance with the form and shall return the
 1096  petition along with his or her response to the petitioner within
 1097  5 days after receipt, exclusive of Saturdays, Sundays, and legal
 1098  holidays. The petitioner may file the petition with the
 1099  commission at any time after the local building official
 1100  provides a response. If no response is provided by the local
 1101  building official, the petitioner may file the petition with the
 1102  commission 10 days after submission of the petition to the local
 1103  building official and shall note that the local building
 1104  official did not respond.
 1105         4. Upon receipt of a petition that meets the requirements
 1106  of subparagraph 2., the commission shall immediately provide
 1107  copies of the petition to the a panel, and the commission shall
 1108  publish the petition, including any response submitted by the
 1109  local building official, on the Building Code Information System
 1110  in a manner that allows interested persons to address the issues
 1111  by posting comments.
 1112         5. The panel shall conduct proceedings as necessary to
 1113  resolve the issues; shall give due regard to the petitions, the
 1114  response, and to comments posed on the Building Code Information
 1115  System; and shall issue an interpretation regarding the
 1116  provisions of the Florida Building Code or the Florida
 1117  Accessibility Code for Building Construction within 21 days
 1118  after the filing of the petition. The panel shall render a
 1119  determination based upon the Florida Building Code or the
 1120  Florida Accessibility Code for Building Construction or, if the
 1121  code is ambiguous, the intent of the code. The panel’s
 1122  interpretation shall be provided to the commission, which shall
 1123  publish the interpretation on the Building Code Information
 1124  System and in the Florida Administrative Register. The
 1125  interpretation shall be considered an interpretation entered by
 1126  the commission, and shall be binding upon the parties and upon
 1127  all jurisdictions subject to the Florida Building Code or the
 1128  Florida Accessibility Code for Building Construction, unless it
 1129  is superseded by a declaratory statement issued by the Florida
 1130  Building Commission or by a final order entered after an appeal
 1131  proceeding conducted in accordance with subparagraph 7.
 1132         6. It is the intent of the Legislature that review
 1133  proceedings be completed within 21 days after the date that a
 1134  petition seeking review is filed with the commission, and the
 1135  time periods set forth in this paragraph may be waived only upon
 1136  consent of all parties.
 1137         7. Any substantially affected person may appeal an
 1138  interpretation rendered by the a hearing officer panel by filing
 1139  a petition with the commission. Such appeals shall be initiated
 1140  in accordance with chapter 120 and the uniform rules of
 1141  procedure and must be filed within 30 days after publication of
 1142  the interpretation on the Building Code Information System or in
 1143  the Florida Administrative Register. Hearings shall be conducted
 1144  pursuant to chapter 120 and the uniform rules of procedure.
 1145  Decisions of the commission are subject to judicial review
 1146  pursuant to s. 120.68. The final order of the commission is
 1147  binding upon the parties and upon all jurisdictions subject to
 1148  the Florida Building Code or the Florida Accessibility Code for
 1149  Building Construction.
 1150         8. The burden of proof in any proceeding initiated in
 1151  accordance with subparagraph 7. is on the party who initiated
 1152  the appeal.
 1153         9. In any review proceeding initiated in accordance with
 1154  this paragraph, including any proceeding initiated in accordance
 1155  with subparagraph 7., the fact that an owner or builder has
 1156  proceeded with construction may not be grounds for determining
 1157  an issue to be moot if the issue is one that is likely to arise
 1158  in the future.
 1159  
 1160  This paragraph provides the exclusive remedy for addressing
 1161  requests to review local interpretations of the Florida Building
 1162  Code or the Florida Accessibility Code for Building Construction
 1163  and appeals from review proceedings.
 1164         Section 23. Subsection (6) of section 553.79, Florida
 1165  Statutes, is amended, and subsection (20) is added to that
 1166  section, to read:
 1167         553.79 Permits; applications; issuance; inspections.—
 1168         (6) A permit may not be issued for any building
 1169  construction, erection, alteration, modification, repair, or
 1170  addition unless the applicant for such permit complies with the
 1171  requirements for plan review established by the Florida Building
 1172  Commission within the Florida Building Code. However, the code
 1173  shall set standards and criteria to authorize preliminary
 1174  construction before completion of all building plans review,
 1175  including, but not limited to, special permits for the
 1176  foundation only, and such standards shall take effect concurrent
 1177  with the first effective date of the Florida Building Code.
 1178  After submittal of the appropriate construction documents, the
 1179  building official may issue a permit for the construction of
 1180  foundations or any other part of a building or structure before
 1181  the construction documents for the whole building or structure
 1182  have been submitted. The holder of such permit for the
 1183  foundation or other parts of a building or structure shall
 1184  proceed at the holder’s own risk and without assurance that a
 1185  permit for the entire structure will be granted. Corrections may
 1186  be required to meet the requirements of the technical codes.
 1187         (20) Notwithstanding any municipal ordinance to the
 1188  contrary, a municipality may not deny a development permit
 1189  application for a single-family home on any lot or combination
 1190  of lots solely because such lot or combination of lots does not
 1191  meet the current underlying zoning dimensional standards for
 1192  minimum lot size and area. For the purposes of this subsection,
 1193  the term “combination of lots” means a parcel of property which
 1194  consists of more than one lot and which is under common
 1195  ownership.
 1196         Section 24. Paragraph (d) is added to subsection (7) of
 1197  section 553.80, Florida Statutes, to read:
 1198         553.80 Enforcement.—
 1199         (7) The governing bodies of local governments may provide a
 1200  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
 1201  166.222 and this section, for enforcing this part. These fees,
 1202  and any fines or investment earnings related to the fees, shall
 1203  be used solely for carrying out the local government’s
 1204  responsibilities in enforcing the Florida Building Code. When
 1205  providing a schedule of reasonable fees, the total estimated
 1206  annual revenue derived from fees, and the fines and investment
 1207  earnings related to the fees, may not exceed the total estimated
 1208  annual costs of allowable activities. Any unexpended balances
 1209  shall be carried forward to future years for allowable
 1210  activities or shall be refunded at the discretion of the local
 1211  government. The basis for a fee structure for allowable
 1212  activities shall relate to the level of service provided by the
 1213  local government and shall include consideration for refunding
 1214  fees due to reduced services based on services provided as
 1215  prescribed by s. 553.791, but not provided by the local
 1216  government. Fees charged shall be consistently applied.
 1217         (d)The local enforcement agency may not require the
 1218  payment of any additional fees, charges, or expenses associated
 1219  with:
 1220         1.Providing proof of licensure pursuant to this chapter;
 1221         2.Recording or filing a license issued pursuant to this
 1222  chapter; or
 1223         3.Providing, recording, or filing evidence of workers’
 1224  compensation insurance coverage as required by chapter 440.
 1225         Section 25. Subsections (4) and (7) of section 553.841,
 1226  Florida Statutes, are amended to read:
 1227         553.841 Building code compliance and mitigation program.—
 1228         (4) In administering the Florida Building Code Compliance
 1229  and Mitigation Program, the department may shall maintain,
 1230  update, develop, or cause to be developed code-related training
 1231  and education advanced modules designed for use by each
 1232  profession.
 1233         (7) The Florida Building Commission shall provide by rule
 1234  for the accreditation of courses related to the Florida Building
 1235  Code by accreditors approved by the commission. The commission
 1236  shall establish qualifications of accreditors and criteria for
 1237  the accreditation of courses by rule. The commission may revoke
 1238  the accreditation of a course by an accreditor if the
 1239  accreditation is demonstrated to violate this part or the rules
 1240  of the commission.
 1241         Section 26. Paragraph (a) of subsection (8) of section
 1242  553.842, Florida Statutes, is amended to read:
 1243         553.842 Product evaluation and approval.—
 1244         (8) The commission may adopt rules to approve the following
 1245  types of entities that produce information on which product
 1246  approvals are based. All of the following entities, including
 1247  engineers and architects, must comply with a nationally
 1248  recognized standard demonstrating independence or no conflict of
 1249  interest:
 1250         (a) Evaluation entities approved pursuant to this
 1251  paragraph. The commission shall specifically approve the
 1252  National Evaluation Service, the International Association of
 1253  Plumbing and Mechanical Officials Evaluation Service, the
 1254  International Code Council Evaluation Services, Underwriters
 1255  Laboratories, Inc., and the Miami-Dade County Building Code
 1256  Compliance Office Product Control Division. Architects and
 1257  engineers licensed in this state are also approved to conduct
 1258  product evaluations as provided in subsection (5).
 1259         Section 27. Subsection (4) of section 553.844, Florida
 1260  Statutes, is revived, readopted, and amended to read:
 1261         553.844 Windstorm loss mitigation; requirements for roofs
 1262  and opening protection.—
 1263         (4) Notwithstanding the provisions of this section, exposed
 1264  mechanical equipment or appliances fastened to a roof or
 1265  installed on the ground in compliance with the code using rated
 1266  stands, platforms, curbs, slabs, walls, or other means are
 1267  deemed to comply with the wind resistance requirements of the
 1268  2007 Florida Building Code, as amended. Further support or
 1269  enclosure of such mechanical equipment or appliances is not
 1270  required by a state or local official having authority to
 1271  enforce the Florida Building Code. This subsection expires on
 1272  the effective date of the 2013 Florida Building Code.
 1273         Section 28. Section 553.883, Florida Statutes, is amended
 1274  to read:
 1275         553.883 Smoke alarms in one-family and two-family dwellings
 1276  and townhomes.—One-family and two-family dwellings and townhomes
 1277  undergoing a repair, or a level 1 alteration as defined in the
 1278  Florida Building Code, may use smoke alarms powered by 10-year
 1279  nonremovable, nonreplaceable batteries in lieu of retrofitting
 1280  such dwelling with smoke alarms powered by the dwelling’s
 1281  electrical system. Effective January 1, 2015, a battery-powered
 1282  smoke alarm that is newly installed or replaces an existing
 1283  battery-powered smoke alarm must be powered by a nonremovable,
 1284  nonreplaceable battery that powers the alarm for at least 10
 1285  years. The battery requirements of this section do not apply to
 1286  a fire alarm, smoke detector, smoke alarm, or ancillary
 1287  component that is electronically connected as a part of a
 1288  centrally monitored or supervised alarm system; that uses a low
 1289  power radio frequency wireless communication signal; or that
 1290  contains multiple sensors, such as a smoke alarm combined with a
 1291  carbon monoxide alarm or other devices, as the State Fire
 1292  Marshal designates by rule.
 1293         Section 29. Section 553.908, Florida Statutes, is amended
 1294  to read:
 1295         553.908 Inspection.—Before construction or renovation is
 1296  completed, the local enforcement agency shall inspect buildings
 1297  for compliance with the standards of this part. Notwithstanding
 1298  any other provision of the code or law, effective July 1, 2016,
 1299  section R402.4.1 of the Florida Building Code, 5th Edition
 1300  (2014) Energy Conservation, which became effective on June 30,
 1301  2015, shall cease to be effective. Instead, section 402.4.2 of
 1302  the Florida Building Code (2010) Energy Conservation, relating
 1303  to air sealing and insulation, in effect before June 30, 2015,
 1304  shall govern and apply, effective June 30, 2016, and thereafter.
 1305  Additionally, a state or local enforcement agency or code
 1306  official may not require any type of mandatory blower door test
 1307  or air infiltration test to determine specific air infiltration
 1308  levels or air leakage rates in a residential building or
 1309  dwelling unit and may not require the installation of any
 1310  mechanical ventilation devices designed to filter outside air
 1311  through an HVAC system as a condition of a permit or to
 1312  determine compliance with the code. However, if section R402.4.1
 1313  of the 5th Edition (2014) of the Florida Building Code, Energy
 1314  Conservation is voluntarily used, the local enforcement agency
 1315  shall inspect the construction or renovation for compliance with
 1316  that section.
 1317         Section 30. Subsections (17) and (18) are added to section
 1318  633.202, Florida Statutes, to read:
 1319         633.202 Florida Fire Prevention Code.—
 1320         (17) The authority having jurisdiction shall determine the
 1321  minimum radio signal strength for fire department communications
 1322  in all new high-rise and existing high-rise buildings. Existing
 1323  buildings are not required to comply with minimum radio strength
 1324  for fire department communications and two-way radio system
 1325  enhancement communications as required by the Florida Fire
 1326  Prevention Code until January 1, 2022. However, by December 31,
 1327  2019, an existing building that is not in compliance with the
 1328  requirements for minimum radio strength for fire department
 1329  communications must apply for an appropriate permit for the
 1330  required installation with the local governmental agency having
 1331  jurisdiction and must demonstrate that the building will become
 1332  compliant by January 1, 2022. Existing apartment buildings are
 1333  not required to comply until January 1, 2025. However, existing
 1334  apartment buildings are required to apply for the appropriate
 1335  permit for the required communications installation by December
 1336  31, 2022.
 1337         (18) Areas of refuge shall be provided if required by the
 1338  Florida Accessibility Code for Building Construction. Required
 1339  portions of an area of refuge shall be accessible from the space
 1340  they serve by an accessible means of egress.
 1341         Section 31. Subsection (5) is added to section 633.206,
 1342  Florida Statutes, to read:
 1343         633.206 Uniform firesafety standards—The Legislature hereby
 1344  determines that to protect the public health, safety, and
 1345  welfare it is necessary to provide for firesafety standards
 1346  governing the construction and utilization of certain buildings
 1347  and structures. The Legislature further determines that certain
 1348  buildings or structures, due to their specialized use or to the
 1349  special characteristics of the person utilizing or occupying
 1350  these buildings or structures, should be subject to firesafety
 1351  standards reflecting these special needs as may be appropriate.
 1352         (5) The home environment provisions in the most current
 1353  edition of the codes adopted by the division may be applied to
 1354  existing assisted living facilities, at the option of each
 1355  facility, notwithstanding the edition of the codes applied at
 1356  the time of construction.
 1357         Section 32. Subsection (5) of section 633.208, Florida
 1358  Statutes, is amended to read:
 1359         633.208 Minimum firesafety standards.—
 1360         (5) With regard to existing buildings, the Legislature
 1361  recognizes that it is not always practical to apply any or all
 1362  of the provisions of the Florida Fire Prevention Code and that
 1363  physical limitations may require disproportionate effort or
 1364  expense with little increase in fire or life safety. Before
 1365  Prior to applying the minimum firesafety code to an existing
 1366  building, the local fire official shall determine whether that a
 1367  threat to lifesafety or property exists. If a threat to
 1368  lifesafety or property exists, the fire official shall apply the
 1369  applicable firesafety code for existing buildings to the extent
 1370  practical to ensure assure a reasonable degree of lifesafety and
 1371  safety of property or the fire official shall fashion a
 1372  reasonable alternative that which affords an equivalent degree
 1373  of lifesafety and safety of property. The local fire official
 1374  may consider the firesafety evaluation systems found in NFPA
 1375  101A, Guide on Alternative Solutions to Life Safety, adopted by
 1376  the State Fire Marshal, as acceptable systems for the
 1377  identification of low-cost, reasonable alternatives. It is
 1378  acceptable to use the Fire Safety Evaluation System for Board
 1379  and Care Facilities using prompt evacuation capabilities
 1380  parameter values on existing residential high-rise buildings.
 1381  The decision of the local fire official may be appealed to the
 1382  local administrative board described in s. 553.73.
 1383         Section 33. Section 633.336, Florida Statutes, is amended
 1384  to read:
 1385         633.336 Contracting without certificate prohibited;
 1386  violations; penalty.—
 1387         (1) It is unlawful for any organization or individual to
 1388  engage in the business of layout, fabrication, installation,
 1389  inspection, alteration, repair, or service of a fire protection
 1390  system, other than a preengineered system, act in the capacity
 1391  of a fire protection contractor, or advertise itself as being a
 1392  fire protection contractor without having been duly certified
 1393  and holding a valid and existing certificate, except as
 1394  hereinafter provided. The holder of a certificate used to
 1395  qualify an organization must be a full-time employee of the
 1396  qualified organization or business. A certificateholder who is
 1397  employed by more than one fire protection contractor during the
 1398  same time is deemed not to be a full-time employee of either
 1399  contractor. The State Fire Marshal shall revoke, for a period
 1400  determined by the State Fire Marshal, the certificate of a
 1401  certificateholder who allows the use of the certificate to
 1402  qualify a company of which the certificateholder is not a full
 1403  time employee. A contractor who maintains more than one place of
 1404  business must employ a certificateholder at each location. This
 1405  subsection does not prohibit an employee acting on behalf of
 1406  governmental entities from inspecting and enforcing firesafety
 1407  codes, provided such employee is certified under s. 633.216.
 1408         (2) A fire protection contractor certified under this
 1409  chapter may not:
 1410         (a) Enter into a written or oral agreement to authorize, or
 1411  otherwise knowingly allow, a contractor who is not certified
 1412  under this chapter to engage in the business of, or act in the
 1413  capacity of, a fire protection contractor.
 1414         (b) Apply for or obtain a construction permit for fire
 1415  protection work unless the fire protection contractor or the
 1416  business organization qualified by the fire protection
 1417  contractor has contracted to conduct the work specified in the
 1418  application for the permit.
 1419         (3) The Legislature recognizes that special expertise is
 1420  required for fire pump control panels and maintenance of
 1421  electric and diesel pump drivers and that it is not economically
 1422  feasible for all contractors to employ these experts full-time
 1423  whose work may be limited. It is therefore deemed acceptable for
 1424  a fire protection contractor licensed under this chapter to
 1425  subcontract with companies providing advanced technical services
 1426  for the installation, servicing, and maintenance of fire pump
 1427  control panels and pump drivers. To ensure the integrity of the
 1428  system and to protect the interests of the property owner, those
 1429  providing technical support services for fire pump control
 1430  panels and pump drivers must be under contract with a licensed
 1431  fire protection contractor.
 1432         (4)(3) A person who violates any provision of this act or
 1433  commits any of the acts constituting cause for disciplinary
 1434  action as herein set forth commits a misdemeanor of the second
 1435  degree, punishable as provided in s. 775.082 or s. 775.083.
 1436         (5)(4) In addition to the penalties provided in subsection
 1437  (4) (3), a fire protection contractor certified under this
 1438  chapter who violates any provision of this section or who
 1439  commits any act constituting cause for disciplinary action is
 1440  subject to suspension or revocation of the certificate and
 1441  administrative fines pursuant to s. 633.338.
 1442         Section 34. The Florida Building Commission shall define
 1443  the term “fire separation distance” in Chapter 2, Definitions,
 1444  of the Florida Building Code, 5th Edition (2014) Residential, as
 1445  follows:
 1446  
 1447  “FIRE SEPARATION DISTANCE. The distance measured from the
 1448  building face to one of the following:
 1449  1.To the closest interior lot line;
 1450  2.To the centerline of a street, an alley, or a public way;
 1451  3.To an imaginary line between two buildings on the lot; or
 1452  4.To an imaginary line between two buildings when the exterior
 1453  wall of one building is located on a zero lot line.
 1454  
 1455  The distance shall be measured at a right angle from the face of
 1456  the wall.”
 1457         Section 35. The Florida Building Commission shall amend the
 1458  Florida Building Code, 5th Edition (2014) Residential, to allow
 1459  openings and roof overhang projections on the exterior wall of a
 1460  building located on a zero lot line, when the building exterior
 1461  wall is separated from an adjacent building exterior wall by a
 1462  distance of 6 feet or more and the roof overhang projection is
 1463  separated from an adjacent building projection by a distance of
 1464  4 feet or more, with 1-hour fire-resistant construction on the
 1465  underside of the overhang required, unless the separation
 1466  between projections is 6 feet or more.
 1467         Section 36. Construction Industry Workforce Task Force.—
 1468         (1) The Construction Industry Workforce Task Force is
 1469  created within the University of Florida M.E. Rinker, Sr. School
 1470  of Construction Management. The goals of the task force are to:
 1471         (a) Address the critical shortage of individuals trained in
 1472  building construction and inspection.
 1473         (b) Develop a consensus path for training the next
 1474  generation of construction workers in the state.
 1475         (c) Determine the causes for the current shortage of a
 1476  trained construction industry work force and address the impact
 1477  of the shortages on the recovery of the real estate market.
 1478         (d) Review current methods and resources available for
 1479  construction training.
 1480         (e) Review the state of construction training available in
 1481  K-12 schools.
 1482         (f) Address training issues relating to building code
 1483  inspectors to increase the number of qualified inspectors.
 1484         (2) The task force shall consist of 19 members. Except as
 1485  otherwise specified, each member shall be chosen by the
 1486  association that he or she represents, as follows:
 1487         (a) A member of the House of Representatives appointed by
 1488  the Speaker of the House of Representatives.
 1489         (b)A member of the Senate appointed by the President of
 1490  the Senate.
 1491         (c) A member representing the Associated General
 1492  Contractors of Greater Florida.
 1493         (d) A member representing the Associated Builders and
 1494  Contractors of Florida.
 1495         (e) A member representing the Florida Home Builders
 1496  Association.
 1497         (f) A member representing the Florida Fire Sprinkler
 1498  Association.
 1499         (g) A member representing the Florida Roofing, Sheet Metal
 1500  and Air Conditioning Contractors Association.
 1501         (h) A member representing the Florida Refrigeration and Air
 1502  Conditioning Contractors Association.
 1503         (i) A member representing the Florida Association of
 1504  Plumbing, Heating, and Cooling Contractors.
 1505         (j) A member representing the Florida Swimming Pool
 1506  Association.
 1507         (k) A member representing the National Utility Contractors
 1508  Association of Florida.
 1509         (l) A member representing the Florida Concrete and Products
 1510  Association.
 1511         (m) A member representing the Alarm Association of Florida.
 1512         (n) A member representing the Independent Electrical
 1513  Contractors.
 1514         (o) A member representing the Florida AFL-CIO.
 1515         (p) A member representing the Building Officials
 1516  Association of Florida.
 1517         (q) A member representing the Asphalt Contractors
 1518  Association of Florida.
 1519         (r) A member representing the American Fire Sprinkler
 1520  Association-Florida Chapter.
 1521         (s) The chair of the Florida Building Commission.
 1522         (3) The task force shall elect a chair from among its
 1523  members.
 1524         (4) The University of Florida M.E. Rinker, Sr. School of
 1525  Construction Management shall provide such assistance as is
 1526  reasonably necessary to assist the task force in carrying out
 1527  its responsibilities.
 1528         (5) The task force shall meet as often as necessary to
 1529  fulfill its responsibilities, but not fewer than three times.
 1530  The first meeting must be held no later than September 1, 2016.
 1531  Meetings may be conducted by conference call, teleconferencing,
 1532  or similar technology.
 1533         (6) The task force shall submit a final report to the
 1534  Governor, the President of the Senate, and the Speaker of the
 1535  House of Representatives by February 1, 2017.
 1536         (7) The Department of Business and Professional Regulation
 1537  shall provide $50,000 from funds available for the Florida
 1538  Building Code Compliance and Mitigation Program under s.
 1539  553.841(5), Florida Statutes, to the University of Florida M.E.
 1540  Rinker, Sr. School of Construction Management for purposes of
 1541  implementing this section.
 1542         (8) This section expires July 1, 2017.
 1543         Section 37. Notwithstanding any law, rule, or regulation to
 1544  the contrary, a restaurant, a cafeteria, or a similar dining
 1545  facility, including an associated commercial kitchen, must have
 1546  a fire area occupancy load requiring sprinklers which is
 1547  consistent with the Florida Fire Prevention Code.
 1548         Section 38. The Calder Sloan Swimming Pool Electrical
 1549  Safety Task Force.—There is established within the Florida
 1550  Building Commission the Calder Sloan Swimming Pool Electrical
 1551  Safety Task Force.
 1552         (1) The purpose of the task force is to study standards on
 1553  grounding, bonding, lighting, wiring, and all electrical aspects
 1554  for safety in and around public and private swimming pools,
 1555  especially with regard to minimizing risks of electrocutions
 1556  linked to swimming pools. The task force shall submit a report
 1557  of its findings, including recommended revisions to state law,
 1558  if any, to the Governor, the President of the Senate, and the
 1559  Speaker of the House of Representatives by November 1, 2016.
 1560         (2) The task force shall consist of the swimming pool and
 1561  electrical technical advisory committees of the Florida Building
 1562  Commission.
 1563         (3) The task force shall be chaired by the swimming pool
 1564  contractor appointed to the Florida Building Commission pursuant
 1565  to s. 553.74, Florida Statutes.
 1566         (4) The Florida Building Commission shall provide such
 1567  staff, information, and other assistance as is reasonably
 1568  necessary to assist the task force in carrying out its
 1569  responsibilities.
 1570         (5) Members of the task force shall serve without
 1571  compensation.
 1572         (6) The task force shall meet as often as necessary to
 1573  fulfill its responsibilities. Meetings may be conducted by
 1574  conference call, teleconferencing, or similar technology.
 1575         (7) This section expires December 31, 2016.
 1576         Section 39. The Florida Building Commission shall adopt
 1577  into the Florida Building Code the following:
 1578  
 1579  “Section 406 relating to the Alternative Performance Path,
 1580  Energy Rating Index of the 2015 International Energy
 1581  Conservation Code (IECC) may be used as an option for chapter
 1582  553 and Florida Building Code compliance. TABLE R406.4 MAXIMUM
 1583  ENERGY RATING INDEX shall reflect for Climate Zone 1, an index
 1584  of 65; for Climate Zone 2, an index of 65.”
 1585         Section 40. This act shall take effect July 1, 2016.