Senate Bill 1190c2
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Florida Senate - 1998 CS for CS for SB's 1190 & 868
By the Committees on Governmental Reform and Oversight,
Community Affairs and Senators Clary and Meadows
302-2118-98
1 A bill to be entitled
2 An act relating to a statewide unified building
3 code; amending s. 468.621, F.S.; providing an
4 additional ground for certain disciplinary
5 actions; amending ss. 471.033, 481.225,
6 481.2251, and 481.325, F.S.; providing for
7 additional fines for certain violations of the
8 Florida Building Code; amending s. 468.602,
9 F.S.; clarifying application of an exemption
10 for certain persons; amending ss. 468.609,
11 468.627, 471.017, 471.019, 481.215, 481.313,
12 489.115, 489.1455, and 489.5335, F.S.;
13 requiring certificateholders, licensees, or
14 registrants to prove completion of certain
15 education requirements relating to the Florida
16 Building Code; providing recording requirements
17 for reported continuing education; requiring
18 notification of failure to comply; requiring
19 that action be taken when noncompliance is
20 determined; providing certain core curriculum
21 or continuing education requirements for
22 certain license, certificate, or registration
23 renewals; authorizing certain licensing boards
24 to require certain specialized or advanced
25 education courses; creating s. 455.2286, F.S.;
26 requiring the Department of Business and
27 Professional Regulation to implement an
28 automated information system for certain
29 purposes; providing requirements relating to
30 such system; amending s. 489.103, F.S.;
31 exempting certain residential structures from
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1 certain construction contracting requirements;
2 amending s. 489.117, F.S.; clarifying certain
3 information provision requirements for local
4 jurisdictions relating to specialty contractor
5 licensure and discipline; amending s. 489.513,
6 F.S.; requiring local jurisdictions to provide
7 certain information to certain licensing
8 boards; requiring such boards to maintain and
9 provide such information through an automated
10 information system; providing for local
11 responsibility for imposing certain
12 disciplinary action; authorizing imposition of
13 penalties by ordinance; amending s. 489.517,
14 F.S.; requiring certificateholders or
15 registrants to provide proof of completion of
16 certain education courses; authorizing the
17 electrical contractors' licensing board to
18 require certain education courses; amending s.
19 489.533, F.S.; revising a ground for certain
20 disciplinary action; amending s. 553.06, F.S.;
21 requiring the Florida Building Commission to
22 adopt the State Plumbing Code; amending s.
23 553.19, F.S.; requiring the commission to adopt
24 certain electrical standards as part of the
25 Florida Building Code and to revise and
26 maintain such standards; amending s. 553.71,
27 F.S.; revising certain definitions; renaming
28 the Board of Building Codes and Standards as
29 the Florida Building g Commission; amending s.
30 553.72, F.S.; revising legislative intent;
31 amending s. 553.73, F.S.; providing for
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1 adoption of the Florida Building Code to
2 replace the State Minimum Building Codes;
3 providing for legislative approval; providing
4 purposes; requiring the Florida Building
5 Commission to adopt the code; providing
6 requirements and criteria for the code;
7 providing for resolution of conflicts between
8 the Florida Building Code and the Florida Fire
9 Prevention Code and the Life Safety Code;
10 providing requirements; providing for local
11 technical amendments to the code; providing
12 procedures and requirements; providing
13 limitations; requiring counties to establish
14 compliance review boards for certain purposes;
15 providing requirements; authorizing local
16 governments to adopt amendments to the code;
17 providing requirements; providing procedures
18 for challenges by affected parties; providing
19 for appeals; requiring the commission to update
20 the code periodically; authorizing the
21 commission to adopt technical amendments to the
22 code under certain circumstances; providing
23 requirements; providing for exempting certain
24 buildings, structures, and facilities from the
25 code; specifying nonapplication of the code
26 under certain circumstances; prohibiting
27 administration or enforcement of the code for
28 certain purposes; amending s. 553.74, F.S.;
29 replacing the State Board of Building Codes and
30 Standards with the Florida Building Commission;
31 providing for additional membership; providing
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1 for continuation of terms of existing board
2 members; amending ss. 553.75, 553.76, and
3 553.77, F.S., to conform; providing additional
4 powers of the commission; requiring commission
5 staff to attend certain meetings; requiring the
6 commission to develop and publish descriptions
7 of roles and responsibilities of certain
8 persons; authorizing the commission to provide
9 plans review and approval of certain public
10 buildings; creating s. 553.781, F.S.; providing
11 for licensee accountability; authorizing local
12 jurisdictions to impose fines and order certain
13 disciplinary action for certain violations of
14 the Florida Building Code; providing for
15 challenges to such actions; requiring the
16 Department of Business and Professional
17 Regulation and local jurisdictions to report
18 such disciplinary actions; providing for
19 disposition and use of such fines; providing
20 construction; providing for suspension of
21 certain permitting privileges under certain
22 circumstance; amending s. 553.79, F.S., to
23 conform; authorizing owners of certain
24 buildings to designate such buildings as
25 threshold buildings for certain purposes;
26 providing for local government enforcement of
27 the Florida Building Code under certain
28 circumstances; amending s. 553.80, F.S.;
29 authorizing certain reinspection fees under
30 certain circumstances; requiring certain
31 agencies to provide support to local
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1 governments for certain purposes; specifying
2 certain code enforcement requirements for state
3 universities, community colleges, and public
4 school districts; preserving authority of
5 certain local governments to enforce code
6 requirements; providing construction; creating
7 s. 553.841, F.S.; providing for establishing a
8 building code training program; providing
9 requirements; providing criteria; authorizing
10 the Florida Building Commission to enter into
11 contracts for certain purposes; requiring the
12 assistance and participation of certain state
13 agencies; creating s. 553.842, F.S.; providing
14 for a system for product evaluation and
15 approval; providing requirements; providing
16 procedures; providing for challenging, review,
17 and appeal of certain evaluations; authorizing
18 the commission to charge fees for certain
19 certifications and reviews; providing
20 exceptions; amending s. 633.01, F.S.;
21 authorizing the Department of Insurance to
22 issue binding interpretations of certain
23 firesafety codes; creating s. 633.0215, F.S.;
24 requiring the Department of Insurance to adopt
25 certain fire prevention and life safety codes;
26 providing requirements; providing for temporary
27 effect of local amendments to such codes;
28 providing providing procedures for adopting or
29 rescinding local amendments to such codes;
30 requiring the department to update such codes
31 periodically; providing for technical
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1 amendments to such codes; providing exceptions
2 to application of such codes for certain
3 purposes; amending s. 633.025, F.S.; specifying
4 adoption by local jurisdictions of certain
5 firesafety codes; authorizing local
6 jurisdictions to adopt more stringent
7 firesafety standards under certain
8 circumstances; providing procedures; providing
9 limitations; deleting obsolete provisions;
10 amending s. 633.085, F.S.; clarifying certain
11 inspection duties of the State Fire Marshal;
12 amending s. 633.72, F.S.; specifying
13 cooperation between the Florida Fire Code
14 Advisory Council and the Florida Building
15 Commission under certain circumstances;
16 requiring administrative staff of the State
17 Fire Marshal to attend certain meetings and
18 coordinate efforts for consistency between
19 certain codes; amending ss. 125.69, 161.54,
20 161.56, 162.21, 166.0415, 489.127, 489.131,
21 489.531, 489.537, 500.459, 553.18, and 627.351,
22 F.S., to conform; requiring the Florida
23 Building Commission to submit the Florida
24 Building Code to the Legislature for approval;
25 requiring the commission to recommend changes
26 to the law to conform to adoption of the
27 Florida Building Code; providing for future
28 repeal of local amendments to certain building
29 codes; providing for readoption; requiring the
30 State Fire Marshal, the Florida Building
31 Commission, and the Commissioner of Education
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1 to establish a select committee for certain
2 purposes; providing for committee membership;
3 providing duties of the committee; requiring a
4 report to the Legislature; requiring the
5 Department of Management Services to conduct a
6 pilot project to study the effects of
7 installing an ozonation water treatment system
8 for a cooling tower on state buildings;
9 requiring a report to the Legislature;
10 repealing s. 471.003(2)(f), F.S., relating to
11 engineering faculty exemption from registration
12 requirements; repealing s. 489.539, F.S.,
13 relating to adoption of electrical standards;
14 repealing s. 553.73(5), F.S., relating to a
15 presumption of compliance with certain building
16 code requirements; providing for future repeal
17 of s. 489.120, F.S., relating to an automated
18 information system; providing for future repeal
19 of s. 489.129(1)(d), F.S., relating to
20 disciplinary action for knowing violations of
21 building codes; providing for future repeal of
22 parts I, II, and III of chapter 553, F.S.,
23 relating to the Florida Plumbing Control Act,
24 the Florida Electrical Code, and glass
25 standards; providing appropriations; providing
26 effective dates.
27
28 WHEREAS, the Legislature finds the system of regulating
29 construction in Florida is a pressing affair of the state with
30 statewide significance. The Legislature further finds that
31 such system is complex and confusing because of the
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1 multiplicity of building codes and administrative processes
2 which has resulted in weak and inadequate compliance, and
3 WHEREAS, the Legislature further finds that, to be
4 effective, a building code system must promote consistent and
5 effective compliance and enforcement by addressing the
6 complexity caused by too many codes and administrative
7 processes and by providing a clear understanding of roles and
8 responsibilities and adequate education and training for all
9 participants within the system, and
10 WHEREAS, it is the intent of the Legislature that all
11 processes which comprise the overall building construction
12 regulatory system be coordinated and integrated to achieve
13 optimal effectiveness and provide predictability in the system
14 and accountability for all participants in the system, and
15 WHEREAS, it is the further intent of the Legislature
16 that all state and local agencies should coordinate their
17 separately assigned responsibilities with the Florida Building
18 Commission created in this act and to comply with the
19 provisions of this act, and
20 WHEREAS, it is the intent of the Legislature that the
21 Florida Building Commission consider the recommendations of
22 the Governor's Building Codes Study Commission and other
23 affected stakeholders when implementing the provisions of this
24 act, NOW, THEREFORE,
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Effective January 1, 2001, paragraph (d) of
29 subsection (2) of section 125.69, Florida Statutes, is amended
30 to read:
31 125.69 Penalties; enforcement by code inspectors.--
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1 (2) The board of county commissioners of each county
2 may designate its agents or employees as code inspectors whose
3 duty it is to assure code compliance. Any person designated
4 as a code inspector may issue citations for violations of
5 county codes and ordinances, respectively, or subsequent
6 amendments thereto, when such code inspector has actual
7 knowledge that a violation has been committed.
8 (d) The provisions of this subsection shall not apply
9 to the enforcement pursuant to ss. 553.79 and 553.80 of the
10 Florida Building Code codes adopted pursuant to s. 553.73 as
11 applied they apply to construction, provided that a building
12 permit is either not required or has been issued by the
13 county. For the purposes of this paragraph, "building codes"
14 means only those codes adopted pursuant to s. 553.73.
15 Section 2. Effective January 1, 2001, subsection (11)
16 of section 161.54, Florida Statutes, is amended to read:
17 161.54 Definitions.--In construing ss. 161.52-161.58:
18 (11) "State minimum building codes" means the Florida
19 Building Code recognized model building construction codes as
20 identified in s. 553.73.
21 Section 3. Effective January 1, 2001, subsection (1)
22 of section 161.56, Florida Statutes, is amended to read:
23 161.56 Establishment of local enforcement.--
24 (1) Each local government which is required to enforce
25 the Florida adopt a Building Code by s. 553.73 and which has a
26 coastal building zone or some portion of a coastal zone within
27 its territorial boundaries shall enforce adopt, not later than
28 January 1, 1987, as part of its building code, the
29 requirements of the code established in s. 161.55, and such
30 requirements shall be enforced by the local enforcement agency
31 as defined in s. 553.71.
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1 Section 4. Effective January 1, 2001, subsection (7)
2 of section 162.21, Florida Statutes, is amended to read:
3 162.21 Enforcement of county or municipal codes or
4 ordinances; penalties.--
5 (7) The provisions of this part shall not apply to the
6 enforcement pursuant to ss. 553.79 and 553.80 of the Florida
7 Building Code codes adopted pursuant to s. 553.73 as applied
8 they apply to construction, provided that a building permit is
9 either not required or has been issued by the county or the
10 municipality. For the purposes of this subsection, "building
11 codes" means only those codes adopted pursuant to s. 553.73.
12 Section 5. Effective January 1, 2001, subsection (5)
13 of section 166.0415, Florida Statutes, is amended to read:
14 166.0415 Enforcement by code inspectors; citations.--
15 (5) The provisions of this section shall not apply to
16 the enforcement pursuant to ss. 553.79 and 553.80 of the
17 Florida Building Code codes adopted pursuant to s. 553.73 as
18 applied they apply to construction, provided that a building
19 permit is either not required or has been issued by the
20 municipality. For the purposes of this subsection, "building
21 codes" means only those codes adopted pursuant to s. 553.73.
22 Section 6. Section 455.2286, Florida Statutes, is
23 created to read:
24 455.2286 Automated information system.--By November 1,
25 1999, the department shall implement an automated information
26 system for all certificateholders and registrants under part
27 XII of chapter 468, chapter 471, chapter 481, or chapter 489.
28 The system shall provide instant notification to local
29 building departments and other interested parties regarding
30 the status of the certification or registration. The
31 provision of such information shall consist, at a minimum, of
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1 an indication of whether the certification or registration is
2 active, of any current failure to meet the terms of any final
3 action by a licensing authority, of any ongoing disciplinary
4 cases that are subject to public disclosure, whether there are
5 any outstanding fines, and of the reporting of any material
6 violations pursuant to s. 553.781. The system shall also
7 retain information developed by the department and local
8 governments on individuals found to be practicing or
9 contracting without holding the applicable license,
10 certification, or registration required by law. The system may
11 be Internet based.
12 Section 7. Effective January 1, 2001, subsection (3)
13 of section 468.602, Florida Statutes, is amended to read:
14 468.602 Exemptions.--This part does not apply to:
15 (3) Persons acting as special inspectors for code
16 enforcement jurisdictions and plans examiners pursuant to s.
17 235.26 while conducting special inspections not required as
18 minimum inspections by the Florida Building Code activities
19 authorized by certification under that section.
20 Section 8. Paragraph (d) is added to subsection (2) of
21 section 468.609, Florida Statutes, to read:
22 468.609 Administration of this part; standards for
23 certification; additional categories of certification.--
24 (2) A person shall be entitled to take the examination
25 for certification pursuant to this part if the person:
26 (d) Demonstrates successful completion of the core
27 curriculum and specialized or advanced module course work
28 approved by the Florida Building Commission, as part of the
29 Building Code Training Program established pursuant to s.
30 553.841, appropriate to the licensing category sought or,
31 pursuant to authorization by the certifying authority,
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1 provides proof of completion of such curriculum or course work
2 within 6 months after such certification.
3 Section 9. Effective January 1, 2001, paragraph (h) is
4 added to subsection (1) of section 468.621, Florida Statutes,
5 to read:
6 468.621 Disciplinary proceedings.--
7 (1) The following acts constitute grounds for which
8 the disciplinary actions in subsection (2) may be taken:
9 (h) Failing to execute the duties and responsibilities
10 specified in part XII of chapter 468 and ss. 553.73, 553.781,
11 and 553.79.
12 Section 10. Subsection (7) of section 468.627, Florida
13 Statutes, is amended, and subsection (8) is added to said
14 section, to read:
15 468.627 Application; examination; renewal; fees.--
16 (7) The certificateholder shall provide proof, in a
17 form established by board rule, that the certificateholder has
18 completed at least 14 classroom hours of at least 50 minutes
19 each of continuing education courses during each biennium
20 since the issuance or renewal of the certificate, including
21 the specialized or advanced course work approved by the
22 Florida Building Commission, as part of the Building Code
23 Training Program established pursuant to s. 553.841,
24 appropriate to the licensing category sought. The board shall
25 by rule establish criteria for approval of continuing
26 education courses and providers, and may by rule establish
27 criteria for accepting alternative nonclassroom continuing
28 education on an hour-for-hour basis.
29 (8) Each certificateholder shall provide to the board
30 proof of completion of the core curriculum courses, or passing
31 the equivalency test of the Building Code Training Program
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1 established by s. 553.841, within 2 years after commencement
2 of the program. Continuing education hours spent taking such
3 core curriculum courses shall count toward the number required
4 for license renewal. A licensee who passes the equivalency
5 test in lieu of taking the core curriculum courses shall
6 receive full credit for core curriculum course hours.
7 Section 11. Subsection (3) is added to section
8 471.017, Florida Statutes, to read:
9 471.017 Renewal of license.--
10 (3) Commencing with licensure renewal in 2002, each
11 licensee actively participating in the design of engineering
12 works or systems in connection with buildings, structures, and
13 facilities covered by the Florida Building Code shall submit
14 proof to the board that the licensee participates in
15 continuing education courses relating to the core curriculum
16 courses or the building code training program or evidence of
17 passing an equivalency test on the core curriculum courses or
18 specialized or advanced courses on any portion of the Florida
19 Building Code applicable to the area of practice.
20 Section 12. Subsection (1) of section 471.019, Florida
21 Statutes, is amended and subsection (2) is added to that
22 section to read:
23 471.019 Reactivation; continuing education.--
24 (1) The board shall prescribe by rule continuing
25 education requirements for reactivating a license. The
26 continuing education requirements for reactivating a license
27 for a registered engineer may not exceed 12 classroom hours
28 for each year the license was inactive.
29 (2) All licensees actively participating in the design
30 of engineering works or systems in connection with structures
31 and facilities covered by the Florida Building Code shall take
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1 continuing education and submit proof to the board, at such
2 time and in such manner and amount established by rule of the
3 board, that the licensee has completed the core curriculum
4 course and any specialized or advanced courses on any portion
5 of the Florida Building Code applicable to the area of
6 practice or has passed the appropriate equivalency test of the
7 Building Code Training Program established by s. 553.841. The
8 board shall record reported continuing education courses on a
9 system easily accessed by code enforcement jurisdictions for
10 evaluation when determining license status for design document
11 processing. Local jurisdictions shall be responsible for
12 notifying the board when design documents are submitted for
13 building construction permitting by persons not complying with
14 this act. The board shall take appropriate action as
15 delineated by its rules when noncompliance is determined.
16 Section 13. Effective January 1, 2001, paragraph (c)
17 of subsection (3) of section 471.033, Florida Statutes, is
18 amended to read:
19 471.033 Disciplinary proceedings.--
20 (3) When the board finds any person guilty of any of
21 the grounds set forth in subsection (1), it may enter an order
22 imposing one or more of the following penalties:
23 (c) Imposition of an administrative fine not to exceed
24 $1,000 for each count or separate offense and a fine of up to
25 $5,000 for matters pertaining to a material violation of the
26 Florida Building Code as reported by a local jurisdiction.
27 Section 14. Effective January 1, 2001, subsections (5)
28 and (6) are added to section 481.215, Florida Statutes, to
29 read:
30 481.215 Renewal of license.--
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1 (5) Each licensee shall provide to the board proof of
2 completion of the core curriculum courses, or passing the
3 equivalency test of the Building Code Training Program
4 established by s. 553.841, within 2 years after commencement
5 of the program or after initial licensure, whichever is later.
6 Hours spent taking core curriculum courses shall count toward
7 the number required for license renewal. A licensee who
8 passes the equivalency test in lieu of taking the core
9 curriculum courses shall receive full credit for such core
10 curriculum course hours.
11 (6) The board shall require, by rule adopted pursuant
12 to ss. 120.536(1) and 120.54, a specified number of hours in
13 specialized or advanced courses, approved by the Florida
14 Building Commission, on any portion of the Florida Building
15 Code, adopted pursuant to part VII of chapter 553, relating to
16 the licensee's respective area of practice.
17 Section 15. Effective January 1, 2001, paragraph (c)
18 of subsection (3) of section 481.225, Florida Statutes, is
19 amended to read:
20 481.225 Disciplinary proceedings against registered
21 architects.--
22 (3) When the board finds any registered architect
23 guilty of any of the grounds set forth in subsection (1), it
24 may enter an order imposing one or more of the following
25 penalties:
26 (c) Imposition of an administrative fine not to exceed
27 $1,000 for each count or separate offense and a fine of up to
28 $5,000 for matters pertaining to a material violation of the
29 Florida Building Code as reported by a local jurisdiction.
30
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1 Section 16. Effective January 1, 2001, paragraph (d)
2 of subsection (2) of section 481.2251, Florida Statutes, is
3 amended to read:
4 481.2251 Disciplinary proceedings against registered
5 interior designers.--
6 (2) When the board finds any person guilty of any of
7 the grounds set forth in subsection (1), it may enter an order
8 taking the following action or imposing one or more of the
9 following penalties:
10 (d) Imposition of an administrative fine not to exceed
11 $1,000 for each violation or separate offense and a fine of up
12 to $5,000 for matters pertaining to a material violation of
13 the Florida Building Code as reported by a local jurisdiction;
14 or
15 Section 17. Effective January 1, 2001, subsections
16 (3), (4), (5), and (6) are added to section 481.313, Florida
17 Statutes, to read:
18 481.313 Renewal of license.--
19 (3) No license renewal shall be issued to a landscape
20 architect by the department until the licensee submits proof,
21 satisfactory to the department, that during the 2 year period
22 prior to application for renewal, the licensee participated in
23 such continuing education courses required by the board. The
24 board shall approve only continuing education courses that
25 relate to and increase the basic knowledge of landscape
26 architecture. The board may make an exception from the
27 requirements of continuing education in emergency or hardship
28 cases.
29 (4) The board, by rule adopted pursuant to ss.
30 120.536(1) and 120.54, shall establish criteria for the
31 approval of continuing education courses and providers, and
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1 shall by rule establish criteria for accepting alternative
2 nonclassroom continuing education on an hour-for-hour basis.
3 (5) Each license holder shall provide to the board
4 proof of completion of the core curriculum courses, or passing
5 the equivalency test of the Building Code Training Program
6 established by s. 553.841, within 2 years after commencement
7 of the program or of initial licensure, whichever is later.
8 Hours spent taking core curriculum courses shall count toward
9 the number required for license renewal. A licensee who
10 passes the equivalency test in lieu of taking the core
11 curriculum courses shall receive full credit for core
12 curriculum course hours.
13 (6) The board shall require, by rule adopted pursuant
14 to ss. 120.536(1) and 120.54, a specified number of hours in
15 specialized or advanced courses, approved by the Florida
16 Building Commission, on any portion of the Florida Building
17 Code, adopted pursuant to part VII of chapter 553, relating to
18 the licensee's respective area of practice.
19 Section 18. Effective January 1, 2001, paragraph (c)
20 of subsection (3) of section 481.325, Florida Statutes, is
21 amended to read:
22 481.325 Disciplinary proceedings.--
23 (3) When the board finds any registered landscape
24 architect guilty of any of the grounds set forth in subsection
25 (1), it may enter an order imposing one or more of the
26 following penalties:
27 (c) Imposition of an administrative fine not to exceed
28 $1,000 for each count or separate offense and a fine of up to
29 $5,000 for matters pertaining to a material violation of the
30 Florida Building Code as reported by a local jurisdiction.
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1 Section 19. Subsection (17) is added to section
2 489.103, Florida Statutes, to read:
3 489.103 Exemptions.--This part does not apply to:
4 (17) Any one-family, two-family, or three-family
5 residence constructed by Habitat for Humanity International,
6 Incorporated, or its local affiliates. Habitat for Humanity
7 International, Incorporated, or its local affiliates, must:
8 (a) Obtain all necessary building permits.
9 (b) Obtain all required building inspections.
10 (c) Provide for supervision of all work by an
11 individual with construction experience.
12 Section 20. Paragraph (b) of subsection (4) of section
13 489.115, Florida Statutes, is amended to read:
14 489.115 Certification and registration; endorsement;
15 reciprocity; renewals; continuing education.--
16 (4)
17 (b)1. Each certificateholder or registrant shall
18 provide proof, in a form established by rule of the board,
19 that the certificateholder or registrant has completed at
20 least 14 classroom hours of at least 50 minutes each of
21 continuing education courses during each biennium since the
22 issuance or renewal of the certificate or registration. The
23 board shall establish by rule that a portion of the required
24 14 hours must deal with the subject of workers' compensation
25 and workplace safety. The board shall by rule establish
26 criteria for the approval of continuing education courses and
27 providers, including requirements relating to the content of
28 courses and standards for approval of providers, and may by
29 rule establish criteria for accepting alternative nonclassroom
30 continuing education on an hour-for-hour basis.
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1 2. In addition, the board may approve specialized
2 continuing education courses on compliance with the wind
3 resistance provisions for one and two family dwellings
4 contained in the State Minimum Building Codes and any
5 alternate methodologies for providing such wind resistance
6 which have been approved for use by the Board of Building
7 Codes and Standards. Division I certificateholders or
8 registrants who demonstrate proficiency upon completion of
9 such specialized courses may certify plans and specifications
10 for one and two family dwellings to be in compliance with the
11 code or alternate methodologies, as appropriate, except for
12 dwellings located in floodways or coastal hazard areas as
13 defined in ss. 60.3D and E of the National Flood Insurance
14 Program.
15 3. Each certificateholder or registrant shall provide
16 to the board proof of completion of the core curriculum
17 courses, or passing the equivalency test of the Building Code
18 Training Program established under s. 553.841, specific to the
19 licensing category sought, within 2 years after commencement
20 of the program or of initial certification or registration,
21 whichever is later. Classroom hours spent taking core
22 curriculum courses shall count toward the number required for
23 renewal of certificates or registration. A certificateholder
24 or registrant who passes the equivalency test in lieu of
25 taking the core curriculum courses shall receive full credit
26 for core curriculum course hours.
27 Section 21. Effective January 1, 2001, paragraph (b)
28 of subsection (4) of section 489.115, Florida Statutes, as
29 amended by this act, is amended to read:
30 489.115 Certification and registration; endorsement;
31 reciprocity; renewals; continuing education.--
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1 (4)
2 (b)1. Each certificateholder or registrant shall
3 provide proof, in a form established by rule of the board,
4 that the certificateholder or registrant has completed at
5 least 14 classroom hours of at least 50 minutes each of
6 continuing education courses during each biennium since the
7 issuance or renewal of the certificate or registration. The
8 board shall establish by rule that a portion of the required
9 14 hours must deal with the subject of workers' compensation
10 and workplace safety. The board shall by rule establish
11 criteria for the approval of continuing education courses and
12 providers, including requirements relating to the content of
13 courses and standards for approval of providers, and may by
14 rule establish criteria for accepting alternative nonclassroom
15 continuing education on an hour-for-hour basis.
16 2. In addition, the board may approve specialized
17 continuing education courses on compliance with the wind
18 resistance provisions for one and two family dwellings
19 contained in the Florida State Minimum Building Code Codes and
20 any alternate methodologies for providing such wind resistance
21 which have been approved for use by the Florida Board of
22 Building Commission Codes and Standards. Division I
23 certificateholders or registrants who demonstrate proficiency
24 upon completion of such specialized courses may certify plans
25 and specifications for one and two family dwellings to be in
26 compliance with the code or alternate methodologies, as
27 appropriate, except for dwellings located in floodways or
28 coastal hazard areas as defined in ss. 60.3D and E of the
29 National Flood Insurance Program.
30 3. Each certificateholder or registrant shall provide
31 to the board proof of completion of the core curriculum
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1 courses, or passing the equivalency test of the Building Code
2 Training Program established under s. 553.841, specific to the
3 licensing category sought, within 2 years after commencement
4 of the program or of initial certification or registration,
5 whichever is later. Classroom hours spent taking core
6 curriculum courses shall count toward the number required for
7 renewal of certificates or registration. A certificateholder
8 or registrant who passes the equivalency test in lieu of
9 taking the core curriculum courses shall receive full credit
10 for core curriculum course hours.
11 4. The board shall require, by rule adopted pursuant
12 to ss. 120.536(1) and 120.54, a specified number of hours in
13 specialized or advanced module courses, approved by the
14 Florida Building Commission, on any portion of the Florida
15 Building Code, adopted pursuant to part VII of chapter 553,
16 relating to the contractor's respective discipline.
17 Section 22. Paragraph (c) of subsection (4) of section
18 489.117, Florida Statutes, is amended to read:
19 489.117 Registration; specialty contractors.--
20 (4)
21 (c) The local jurisdictions shall be responsible for
22 providing licensure information, code violation information
23 pursuant to s. 553.781, and disciplinary information on such
24 locally licensed individuals to the board within 30 days after
25 licensure or any disciplinary action, and the board shall
26 maintain such licensure and disciplinary information as is
27 provided to them, and shall make such information available
28 through the automated information system provided pursuant to
29 s. 455.2286 489.120. The biennial tracking registration fee
30 shall not exceed $40.
31
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1 Section 23. Subsection (1) of section 489.127, Florida
2 Statutes, is amended to read:
3 489.127 Prohibitions; penalties.--
4 (1) No person shall:
5 (a) Falsely hold himself or herself or a business
6 organization out as a licensee, certificateholder, or
7 registrant;
8 (b) Falsely impersonate a certificateholder or
9 registrant;
10 (c) Present as his or her own the certificate,
11 registration, or certificate of authority of another;
12 (d) Knowingly give false or forged evidence to the
13 board or a member thereof;
14 (e) Use or attempt to use a certificate, registration,
15 or certificate of authority which has been suspended or
16 revoked;
17 (f) Engage in the business or act in the capacity of a
18 contractor or advertise himself or herself or a business
19 organization as available to engage in the business or act in
20 the capacity of a contractor without being duly registered or
21 certified or having a certificate of authority;
22 (g) Operate a business organization engaged in
23 contracting after 60 days following the termination of its
24 only qualifying agent without designating another primary
25 qualifying agent, except as provided in ss. 489.119 and
26 489.1195;
27 (h) Commence or perform work for which a building
28 permit is required pursuant to part VII of chapter 553 an
29 adopted state minimum building code without such building
30 permit being in effect; or
31
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1 (i) Willfully or deliberately disregard or violate any
2 municipal or county ordinance relating to uncertified or
3 unregistered contractors.
4
5 For purposes of this subsection, a person or business
6 organization operating on an inactive or suspended
7 certificate, registration, or certificate of authority is not
8 duly certified or registered and is considered unlicensed. An
9 occupational license certificate issued under the authority of
10 chapter 205 is not a license for purposes of this part.
11 Section 24. Effective January 1, 2001, paragraph (e)
12 of subsection (3) of section 489.131, Florida Statutes, is
13 amended to read:
14 489.131 Applicability.--
15 (3) Nothing in this part limits the power of a
16 municipality or county:
17 (e) To require one bond for each contractor in an
18 amount not to exceed $5,000, which bond shall be conditioned
19 only upon compliance with the Florida applicable state minimum
20 Building Code and applicable local building code requirements
21 adopted pursuant to s. 553.73. Any such bond must be equally
22 available to all contractors without regard to the period of
23 time a contractor has been certified or registered and without
24 regard to any financial responsibility requirements. Any such
25 bonds shall be payable to the Construction Industry Recovery
26 Fund and filed in each county or municipality in which a
27 building permit is requested. Bond reciprocity shall be
28 granted statewide. All such bonds shall be included in
29 meeting any financial responsibility requirements imposed by
30 any statute or rule. Any contractor who provides a third
31 party insured warranty policy in connection with a new
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1 building or structure for the benefit of the purchaser or
2 owner shall be exempt from the bond requirements under this
3 subsection with respect to such building or structure.
4 Section 25. Subsection (1) of section 489.1455,
5 Florida Statutes, is amended to read:
6 489.1455 Journeyman; reciprocity; standards.--
7 (1) An individual who holds a valid, active journeyman
8 license in the plumbing/pipe fitting, mechanical, or HVAC
9 trades issued by any county or municipality in this state may
10 work as a journeyman in the trade in which he or she is
11 licensed in any other county or municipality of this state
12 without taking an additional examination or paying an
13 additional license fee, if he or she:
14 (a) Has scored at least 70 percent, or after October
15 1, 1997, at least 75 percent, on a proctored journeyman Block
16 and Associates examination or other proctored examination
17 approved by the board for the trade in which he or she is
18 licensed;
19 (b) Has completed an apprenticeship program registered
20 with the Department of Labor and Employment Security and
21 demonstrates 4 years' verifiable practical experience in the
22 trade for which he or she is licensed, or demonstrates 6
23 years' verifiable practical experience in the trade for which
24 he or she is licensed; and
25 (c) Has satisfactorily completed specialized and
26 advanced module course work approved by the Florida Building
27 Commission, as part of the Building Code Training Program
28 established in s. 553.841, specific to the discipline, and
29 successfully completed the program's core curriculum courses
30 or passed an equivalency test in lieu of taking the core
31 curriculum courses and provided proof of completion of such
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1 curriculum courses or examination and obtained a certificate
2 from the board pursuant to this part or, pursuant to
3 authorization by the certifying authority, provides proof of
4 completion of such curriculum or course work within 6 months
5 after such certification; and
6 (d)(c) Has not had a license suspended or revoked
7 within the last 5 years.
8 Section 26. Subsections (6) and (7) are added to
9 section 489.513, Florida Statutes, to read:
10 489.513 Registration; application; requirements.--
11 (6) The local jurisdictions shall be responsible for
12 providing licensure information, code violation information
13 pursuant to s. 553.781, and disciplinary information on
14 locally licensed individuals to the board within 30 days after
15 licensure or any disciplinary action, and the board shall
16 maintain such licensure and disciplinary information as is
17 provided to them, and shall make such information available
18 through the automated information system provided pursuant to
19 s. 455.2286.
20 (7) Neither the board nor the department assumes any
21 responsibility for providing discipline pursuant to having
22 provided the tracking registration. Providing discipline to
23 such locally licensed individuals shall be the responsibility
24 of the local jurisdiction. Failure to obtain a tracking
25 registration shall not be considered a violation of this
26 chapter. However, a local jurisdiction requiring such
27 tracking registration may levy such penalties for failure to
28 obtain the tracking registration as the local jurisdiction
29 chooses to provide through local ordinance.
30
31
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1 Section 27. Subsection (3) of section 489.517, Florida
2 Statutes, is amended, and subsection (4) is added to said
3 section, to read:
4 489.517 Renewal of certificate or registration;
5 continuing education.--
6 (3)(a) Each certificateholder or registrant shall
7 provide proof, in a form established by rule of the board,
8 that the certificateholder or registrant has completed at
9 least 14 classroom hours of at least 50 minutes each of
10 continuing education courses during each biennium since the
11 issuance or renewal of the certificate or registration. The
12 board shall by rule establish criteria for the approval of
13 continuing education courses and providers and may by rule
14 establish criteria for accepting alternative nonclassroom
15 continuing education on an hour-for-hour basis.
16 (b) Each certificateholder or registrant shall provide
17 to the board proof of completion of the core curriculum
18 courses or passing the equivalency test of the Building Code
19 Training Program established under s. 553.841, specific to the
20 licensing category sought, within 2 years after commencement
21 of the program or of initial certification or registration,
22 whichever is later. Classroom hours spent taking core
23 curriculum courses shall count toward the number required for
24 renewal of certificate or registration. A certificateholder
25 or registrant who passes the equivalency test in lieu of
26 taking the core curriculum courses shall receive full credit
27 for core curriculum course hours.
28 (4) The board shall require, by rule adopted pursuant
29 to ss. 120.536(1) and 120.54, a specialized number of hours in
30 specialized or advanced module courses, approved by the
31 Florida Building Commission, on any portion of the Florida
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1 Building Code, adopted pursuant to part VII of chapter 553,
2 relating to the contractor's respective discipline.
3 Section 28. Subsection (1) of section 489.531, Florida
4 Statutes, is amended to read:
5 489.531 Prohibitions; penalties.--
6 (1) A person may not:
7 (a) Practice contracting unless the person is
8 certified or registered;
9 (b) Use the name or title "electrical contractor" or
10 "alarm system contractor" or words to that effect, or
11 advertise himself or herself or a business organization as
12 available to practice electrical or alarm system contracting,
13 when the person is not then the holder of a valid
14 certification or registration issued pursuant to this part;
15 (c) Present as his or her own the certificate or
16 registration of another;
17 (d) Use or attempt to use a certificate or
18 registration that has been suspended, revoked, or placed on
19 inactive or delinquent status;
20 (e) Employ persons who are not certified or registered
21 to practice contracting;
22 (f) Knowingly give false or forged evidence to the
23 department, the board, or a member thereof;
24 (g) Operate a business organization engaged in
25 contracting after 60 days following the termination of its
26 only qualifying agent without designating another primary
27 qualifying agent;
28 (h) Conceal information relative to violations of this
29 part;
30 (i) Commence or perform work for which a building
31 permit is required pursuant to part VII of chapter 533 under
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1 an adopted state minimum building code without the building
2 permit being in effect; or
3 (j) Willfully or deliberately disregard or violate any
4 municipal or county ordinance relating to uncertified or
5 unregistered contractors.
6 Section 29. Effective January 1, 2001, paragraph (i)
7 of subsection (1) of section 489.533, Florida Statutes, is
8 amended to read:
9 489.533 Disciplinary proceedings.--
10 (1) The following acts shall constitute grounds for
11 disciplinary actions as provided in subsection (2):
12 (i) Willfully or deliberately disregarding and
13 Violating the applicable building codes or laws of the state
14 or any municipality or county thereof.
15
16 For the purposes of this subsection, construction is
17 considered to be commenced when the contract is executed and
18 the contractor has accepted funds from the customer or lender.
19 Section 30. Subsection (1) of section 489.5335,
20 Florida Statutes, is amended to read:
21 489.5335 Journeyman; reciprocity; standards.--
22 (1) An individual who holds a valid, active journeyman
23 license in the electrical trade issued by any county or
24 municipality in this state may work as a journeyman in any
25 other county or municipality of this state without taking an
26 additional examination or paying an additional license fee, if
27 he or she:
28 (a) Has scored at least 70 percent, or after October
29 1, 1997, at least 75 percent, on a proctored journeyman Block
30 and Associates examination or other proctored examination
31 approved by the board for the electrical trade;
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1 (b) Has completed an apprenticeship program registered
2 with the Department of Labor and Employment Security and
3 demonstrates 4 years' verifiable practical experience in the
4 electrical trade, or demonstrates 6 years' verifiable
5 practical experience in the electrical trade; and
6 (c) Has satisfactorily completed specialized and
7 advanced module course work approved by the Florida Building
8 Commission, as part of the Building Code Training Program
9 established in s. 553.841, specific to the discipline, and
10 successfully completed the program's core curriculum courses
11 or passed an equivalency test in lieu of taking the core
12 curriculum courses and provided proof of completion of such
13 curriculum courses or examination and obtained a certificate
14 from the board pursuant to this part or, pursuant to
15 authorization by the certifying authority, provides proof of
16 completion of such curriculum or course work within 6 months
17 after such certification; and
18 (d)(c) Has not had a license suspended or revoked
19 within the last 5 years.
20 Section 31. Effective January 1, 2001, paragraph (d)
21 of subsection (3) of section 489.537, Florida Statutes, is
22 amended to read:
23 489.537 Application of this part.--
24 (3) Nothing in this act limits the power of a
25 municipality or county:
26 (d) To require one bond for each electrical contractor
27 in an amount not to exceed $5,000, which bond shall be
28 conditioned only upon compliance with the Florida applicable
29 state minimum Building Code and applicable local building code
30 requirements adopted pursuant to s. 553.73. Any such bond
31 must be equally available to all electrical contractors
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1 without regard to the period of time an electrical contractor
2 has been certified or registered and without regard to any
3 financial responsibility requirements. Any such bonds shall
4 be payable to the Governor and filed in each county or
5 municipality in which a building permit is requested. Bond
6 reciprocity shall be granted statewide. All such bonds shall
7 be included in meeting any financial responsibility
8 requirements imposed by any statute or rule.
9 Section 32. Effective January 1, 2001, paragraph (d)
10 of subsection (5) of section 500.459, Florida Statutes, is
11 amended to read:
12 500.459 Water vending machines.--
13 (5) OPERATING STANDARDS.--
14 (d) Each water vending machine must have a backflow
15 prevention device that conforms with the applicable provision
16 of the Florida Building Code s. 553.06 and an adequate system
17 for collecting and handling dripping, spillage, and overflow
18 of water.
19 Section 33. Subsection (1) of section 553.06, Florida
20 Statutes, is amended to read:
21 553.06 State Plumbing Code.--
22 (1) The Florida Building Commission Board of Building
23 Codes and Standards shall, in accordance with the provisions
24 of chapter 120 and ss. 553.70-553.895, adopt the Standard
25 Plumbing Code, 1994 edition, as adopted at the October 1993
26 annual meeting of the Southern Building Code Congress
27 International, as the State Plumbing Code which shall be the
28 minimum requirements statewide for all installations, repairs,
29 and alterations to plumbing. The board may, in accordance with
30 the requirements of chapter 120, adopt all or parts of updated
31 or revised editions of the State Plumbing Code to keep abreast
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1 of latest technological advances in plumbing and installation
2 techniques. Local governments which have adopted the South
3 Florida, One and Two Family Dwelling or EPCOT Plumbing Codes
4 may continue their use provided the requirements contained
5 therein meet or exceed the requirements of the State Plumbing
6 Code. Provided, however, nothing in this section shall alter
7 or diminish the authority of the Department of Business and
8 Professional Regulation to conduct plan reviews, issue
9 variances, and adopt rules regarding sanitary facilities in
10 public lodging and public food service establishments pursuant
11 to chapter 509, providing that such actions do not conflict
12 with the requirements for public restrooms in s. 553.141.
13 Section 34. Effective January 1, 2001, subsection (2)
14 of section 553.18, Florida Statutes, is amended to read:
15 553.18 Scope.--
16 (2) Local jurisdictions County, municipal, improvement
17 district, or state governing bodies may adopt and enforce
18 additional or more stringent standards or administrative
19 procedures and requirements than those prescribed by this
20 code, including but not limited to fees if the standards or
21 administrative procedures and requirements are in conformity
22 with standards set forth in the Florida Building Code s.
23 553.19.
24 Section 35. Section 553.19, Florida Statutes, is
25 amended to read:
26 553.19 Adoption of electrical standards.--For the
27 purpose of establishing minimum electrical standards in this
28 state, the following standards are adopted:
29 (1) "National Electrical Code 1990," NFPA No. 70-1990.
30
31
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1 (2) Underwriters' Laboratories, Inc., "Standards for
2 Safety, Electrical Lighting Fixtures, and Portable Lamps," UL
3 57-1982 and UL 153-1983.
4 (3) Underwriters' Laboratories, Inc., "Standard for
5 Electric Signs," UL 48-1982.
6 (4) The provisions of the following which prescribe
7 minimum electrical standards:
8 (a) NFPA No. 56A-1978, "Inhalation Anesthetics 1978."
9 (b) NFPA No. 56B-1982, "Respiratory Therapy 1982."
10 (c) NFPA No. 56C-1980, "Laboratories in Health-related
11 Institutions 1980."
12 (d) NFPA No. 56D-1982, "Hyperbaric Facilities."
13 (e) NFPA No. 56F-1983, "Nonflammable Medical Gas
14 Systems 1983."
15 (f) NFPA No. 76A-1984, "Essential Electrical Systems
16 for Health Care Facilities 1984."
17 (5) Chapter 10D-29 of The rules and regulations of the
18 Department of Health and Rehabilitative Services, entitled
19 "Nursing Homes and Related Facilities Licensure."
20 (6) The minimum standards for grounding of portable
21 electric equipment, chapter 8C-27 as recommended by the
22 Industrial Standards Section, Division of Workers'
23 Compensation, Department of Labor and Employment Security.
24
25 The Florida Building Commission shall update and maintain such
26 electrical standards consistent with the procedures
27 established in s. 553.73.
28 Section 36. Effective January 1, 2001, part VII of
29 chapter 553, Florida Statutes, shall be entitled "Florida
30 Building Code."
31
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1 Section 37. Subsections (1), (3), and (5) of section
2 553.71, Florida Statutes, are amended to read:
3 553.71 Definitions.--As used in this part, the term:
4 (1) "Commission Board" means the Florida Building
5 Commission Board of Building Codes and Standards created by
6 this part.
7 (3) "State enforcement agency" means the agency of
8 state government with authority to make inspections of
9 buildings and to enforce the codes, as required by this part,
10 which establish standards for design, construction, erection,
11 alteration, repair, modification, or demolition of public or
12 private buildings, structures, or facilities.
13 (5) "Local enforcement agency" means an the agency of
14 local government with authority to make inspections of
15 buildings and to enforce the codes which establish standards
16 for design, construction, erection, alteration, repair,
17 modification, or demolition of public or private buildings,
18 structures, or facilities.
19 Section 38. Effective January 1, 2001, section 553.72,
20 Florida Statutes, is amended to read:
21 553.72 Intent.--
22 (1) The purpose and intent of this act is to provide a
23 mechanism for the uniform promulgation, adoption, updating,
24 amendment, interpretation, and enforcement of a single,
25 unified state minimum building code, to be called the Florida
26 Building Code, codes which consists of a single set of
27 documents that apply to the design, construction, erection,
28 alteration, modification, repair, or demolition of public or
29 private buildings, structures, or facilities in this state and
30 to the enforcement of such requirements contain standards
31 flexible enough to cover all phases of construction and which
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1 will allow effective and reasonable protection for public
2 safety, health, and general welfare for all the people of
3 Florida at the most reasonable cost to the consumer. The
4 Florida Building Code shall be organized to provide
5 consistency and simplicity of use. The Florida Building Code
6 shall be applied, administered, and enforced uniformly and
7 consistently from jurisdiction to jurisdiction. The Florida
8 Building Code shall provide for flexibility to be exercised in
9 a manner that meets minimum requirements, is affordable, does
10 not inhibit competition, and promotes innovation and new
11 technology.
12 (2) It is the intent of the Legislature that local
13 governments shall have the power to inspect all buildings,
14 structures, and facilities within their jurisdictions in
15 protection of the public health, safety, and welfare pursuant
16 to chapters 125 and 166.
17 (3) It is the intent of the Legislature that the
18 Florida Building Code be adopted, modified, updated,
19 interpreted, and maintained by the Florida Building Commission
20 in accordance with ss. 120.536(1) and 120.54 and enforced by
21 authorized state and local government enforcement agencies.
22 (4) It is the intent of the Legislature that the
23 Florida Fire Prevention Code and the Life Safety Code of this
24 state be adopted, modified, updated, interpreted, and
25 maintained by the Department of Insurance in accordance with
26 ss. 120.536(1) and 120.54 and included by reference as
27 sections in the Florida Building Code.
28 (5) It is the intent of the Legislature that there be
29 no conflicting requirements between the Florida Fire
30 Prevention Code and the Life Safety Code of the state and
31 other provisions of the Florida Building Code or conflicts in
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1 their enforcement and interpretation. Potential conflicts
2 shall be resolved through coordination and cooperation of the
3 State Fire Marshal and the Florida Building Commission as
4 provided by this part and chapter 633.
5 Section 39. Subsections (3) and (9) of section 553.73,
6 Florida Statutes, are amended to read:
7 553.73 State Minimum Building Codes.--
8 (3) The commission board may, by rule adopted in
9 accordance with the requirements of ss. 120.536(1) and 120.54
10 chapter 120, designate all or a part of an updated or revised
11 version of a model code listed in subsection (2) as a State
12 Minimum Building Code.
13 (9) Except within coastal building zones as defined in
14 s. 161.54, specification standards developed by nationally
15 recognized code promulgation organizations to determine
16 compliance with s. 1606 1205 and the engineering design
17 criteria of s. 1606 1205 of the Standard Building Code shall
18 not apply to one or two family dwellings which are two stories
19 or less in height unless approved by the commission Board of
20 Building Codes and Standards for use or unless expressly made
21 subject to said standards and criteria by local ordinance
22 adopted in accordance with the provisions of subsection (4).
23 Section 40. Effective January 1, 2001, section 553.73,
24 Florida Statutes, as amended by this act, is amended to read:
25 553.73 Florida State Minimum Building Code Codes.--
26 (1)(a) The commission shall adopt, by rule adopted
27 pursuant to ss. 120.536(1) and 120.54, the Florida Building
28 Code which shall contain or incorporate by reference all laws
29 and rules which pertain to and govern the design,
30 construction, erection, alteration, modification, repair, and
31 demolition of public and private buildings, structures, and
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1 facilities and enforcement of such laws and rules, except as
2 otherwise provided in this section. By October 1, 1984, local
3 governments and state agencies with building construction
4 regulation responsibilities shall adopt a building code which
5 shall cover all types of construction. Such code shall
6 include the provisions of parts I-V, VII, and VIII, relating
7 to plumbing, electrical requirements, glass, manufactured
8 buildings, accessibility by handicapped persons, and thermal
9 efficiency, and shall be in addition to the requirements set
10 forth in chapter 527, which pertains to liquefied petroleum
11 gas.
12 (b) The technical portions of the Florida
13 Accessibility Code for Building Construction shall be
14 contained in its entirety in the Florida Building Code. The
15 civil rights portions and the technical portions of the
16 accessibility laws of this state shall remain as currently
17 provided by law. Any revision or amendments to the Florida
18 Accessibility Code for Building Construction pursuant to part
19 V shall be considered adopted by the commission as part of the
20 Florida Building Code. Neither the commission nor any local
21 government shall revise or amend any standard of the Florida
22 Accessibility Code for Building Construction except as
23 provided for in part V.
24 (c) The Florida Fire Prevention Code and the Life
25 Safety Code shall be referenced in the Florida Building Code,
26 but shall be adopted, modified, revised, or amended,
27 interpreted, and maintained by the Department of Insurance by
28 rule adopted pursuant to ss. 120.536(1) and 120.54. Nothing in
29 the Florida Building Code shall affect the statutory powers,
30 duties, and responsibilities of any fire official or the
31 Department of Insurance.
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1 (d) Conflicting requirements between the Florida
2 Building Code and the Florida Fire Prevention Code and Life
3 Safety Code of the state established pursuant to s. 633.022
4 and s. 633.025 shall be resolved by agreement between the
5 commission and the State Fire Marshal in favor of the
6 requirement that offers the greatest degree of life safety or
7 alternatives that would provide an equivalent degree of life
8 safety and an equivalent method of construction. If the
9 commission and State Fire Marshal are unable to agree on a
10 resolution, the question shall be referred to a mediator,
11 mutually agreeable to both parties, to resolve the conflict in
12 favor of the provision that offers the greatest life safety,
13 or alternatives that would provide an equivalent degree of
14 life safety and an equivalent method of construction.
15 (e)(b) Subject to the provisions of this act, In the
16 event that a special act of the Legislature, passed prior or
17 subsequent to January 1, 1978, places responsibility for
18 enforcement, interpretation, and building construction
19 regulation of the Florida Building Code shall be vested in a
20 specified local board or agency, and the words "local
21 government" and "local governing body" as used in this part
22 shall be construed to refer exclusively to such local board or
23 agency.
24 (2) The Florida Building Code shall contain provisions
25 or requirements for public and private buildings, structures,
26 and facilities relative to structural, mechanical, electrical,
27 plumbing, energy, and gas systems, existing buildings,
28 historical buildings, manufactured buildings, elevators,
29 coastal construction, lodging facilities, food sales and food
30 service facilities, health care facilities, public or private
31 educational facilities, swimming pools, and correctional
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1 facilities and enforcement of and compliance with such
2 provisions or requirements. There is created the State Minimum
3 Building Codes which shall consist of the following nationally
4 recognized model codes:
5 (a) Standard Building Codes, 1988 edition, pertaining
6 to building, plumbing, mechanical, and gas, and excluding fire
7 prevention;
8 (b) EPCOT Code, 1982 edition;
9 (c) One and Two Family Dwelling Code, 1986 edition;
10 and
11 (d) The South Florida Building Code, 1988 edition.
12
13 Each local government and state agency with building
14 construction regulation responsibilities shall adopt one of
15 the State Minimum Building Codes as its building code, which
16 shall govern the construction, erection, alteration, repair,
17 or demolition of any building for which the local government
18 or state agency has building construction regulation
19 responsibility. If the One and Two Family Dwelling Code is
20 adopted for residential construction, then one of the other
21 recognized model codes must be adopted for the regulation of
22 other residential and nonresidential structures. Provisions to
23 be contained within the Florida any State Minimum Building
24 Code are restricted to requirements related to the types of
25 materials used and construction methods and standards employed
26 in order to meet criteria specified in the Florida Building
27 Code minimum building codes. Provisions relating to the
28 personnel, supervision or training of personnel, or any other
29 professional qualification requirements relating to
30 contractors or their workforce may not be included within the
31 Florida a State Minimum Building Code, and subsection (4) is
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1 not to be construed to allow the inclusion of such provisions
2 within the Florida any State Minimum Building Code by
3 amendment. This restriction applies to both initial
4 development and amendment of the Florida Building Code.
5 (3) The commission shall select from available
6 national or international model building codes, or other
7 available building codes and standards currently recognized by
8 the laws of this state, to form the foundation for the Florida
9 Building Code. The commission may modify the selected model
10 codes and standards as needed to accommodate the specific
11 needs of this state. Standards or criteria referenced by the
12 selected model codes shall be similarly incorporated by
13 reference. If a referenced standard or criterion requires
14 amplification or modification to be appropriate for use in
15 this state, only the amplification or modification shall be
16 specifically set forth in the Florida Building Code. The
17 commission shall incorporate within sections of the Florida
18 Building Code provisions which address regional and local
19 concerns and variations. The commission shall make every
20 effort to minimize conflicts between the Florida Building
21 Code, the Florida Fire Prevention Code, and the Life Safety
22 Code. The commission may, by rule adopted in accordance with
23 the requirements of ss. 120.536(1) and 120.54, designate all
24 or a part of an updated or revised version of a model code
25 listed in subsection (2) as a State Minimum Building Code.
26 (4)(a) Local governments shall comply with applicable
27 standards for issuance of mandatory certificates of occupancy,
28 minimum types of inspections, and procedures for plans review
29 and inspections as established by the board by rule. Any
30 amendments to standards established by the Florida Building
31 Code pursuant to this paragraph shall be more stringent than
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1 such standards and shall be transmitted to the commission
2 within 30 days after enactment. The local government shall
3 make such amendments available to the general public in a
4 usable format. The Department of Insurance is responsible for
5 establishing the standards and procedures required in this
6 paragraph for governmental entities with respect to applying
7 the Florida Fire Prevention and the Life Safety Code.
8 (b) Local governments and state agencies with building
9 construction regulation responsibilities may, subject to the
10 limitations of this section, adopt amendments to the technical
11 provisions of the Florida Building Code which apply solely
12 within the jurisdiction of such government and which provide
13 for more stringent requirements than those specified in the
14 Florida State Minimum Building Code, not more than once every
15 6 months, Codes provided:
16 1.(a) The local governing body determines, following a
17 public hearing which has been advertised in a newspaper of
18 general circulation at least 10 days before the hearing, that
19 there is a need to strengthen the requirements of the Florida
20 State Minimum Building Code Codes adopted by such governing
21 body. The determination must be based upon a review of local
22 conditions by the local governing body, which review
23 demonstrates that local conditions justify more stringent
24 requirements than those specified in the Florida State Minimum
25 Building Code Codes for the protection of life and property.
26 2.(b) Such additional requirements are not
27 discriminatory against materials, products, or construction
28 techniques of demonstrated capabilities.
29 3.(c) Such additional requirements may not introduce a
30 new subject not addressed in the Florida State Minimum
31 Building Code Codes.
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1 4. The enforcing agency shall make readily available,
2 in a usable format, all amendments adopted pursuant to this
3 section.
4 5. Any amendment to the Florida Building Code shall be
5 transmitted within 30 days by the adopting local government to
6 the commission. The commission shall maintain copies of all
7 such amendments in a format that is usable and obtainable by
8 the public.
9 6. Any amendment to the Florida Building Code adopted
10 by a local government pursuant to this paragraph shall be
11 effective only until the adoption by the commission of the new
12 edition of the Florida Building Code every third year. At
13 such time, the commission shall adopt such amendment as part
14 of the Florida Building Code or rescind the amendment. The
15 commission shall immediately notify the respective local
16 government of the rescission of any amendment. After receiving
17 such notice, the respective local government may readopt the
18 rescinded amendment pursuant to the provisions of this
19 paragraph.
20 7. Each county and municipality desiring to make local
21 technical amendments to the Florida Building Code shall by
22 interlocal agreement establish a countywide compliance review
23 board to review any amendment to the Florida Building Code,
24 adopted by a local government within the county pursuant to
25 this paragraph, that is challenged by any substantially
26 affected party for purposes of determining the amendment's
27 compliance with this paragraph. If the compliance review
28 board determines such amendment is not in compliance with this
29 paragraph, the compliance review board shall notify such local
30 government of the noncompliance and that the amendment is
31 invalid and unenforceable until the local government corrects
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1 the amendment to bring it into compliance. The local
2 government may appeal the decision of the compliance review
3 board to the commission. If the compliance review board
4 determines such amendment to be in compliance with this
5 paragraph, any substantially affected party may appeal such
6 determination to the commission. Actions of the commission are
7 subject to judicial review pursuant to s. 120.68. The
8 compliance review board shall determine whether its decisions
9 apply to a respective local jurisdiction or apply countywide.
10 8. An amendment adopted under this paragraph shall
11 include a fiscal impact statement which documents the costs
12 and benefits of the proposed amendment. Criteria for the
13 fiscal impact statement shall include the impact to local
14 government relative to enforcement, the impact to property and
15 building owners, as well as to industry, relative to the cost
16 of compliance. The fiscal impact statement may not be used as
17 a basis for challenging the amendment for compliance.
18 9. In addition to subparagraphs 7. and 8., the
19 commission may review any amendments adopted pursuant to this
20 subsection and make nonbinding recommendations related to
21 compliance of such amendments with this subsection.
22 (c) Any amendment adopted by a local enforcing agency
23 pursuant to this subsection shall not apply to state or school
24 district owned buildings, manufactured buildings approved by
25 the commission, or prototype buildings approved pursuant to s.
26 553.77(6). The respective responsible entities shall consider
27 the physical performance parameters substantiating such
28 amendments when designing, specifying, and constructing such
29 exempt buildings.
30 (d) Paragraphs (a), (b), and (c) apply to the
31 enforcing agency's adoption of more stringent requirements
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1 than those specified in the State Minimum Building Codes and
2 to the adoption of building construction-related codes that
3 have the effect of amending building construction standards
4 contained in the State Minimum Building Codes. Upon request,
5 the enforcing agency shall provide a person making application
6 for a building permit, or any state agency or board with
7 construction-related regulation responsibilities, a listing of
8 all such requirements and codes.
9 (5) The commission, by rule adopted pursuant to ss.
10 120.536(1) and 120.54, shall update the Florida Building Code
11 every 3 years. Once initially adopted and subsequently
12 updated by the board, the Florida Building Code shall be
13 deemed adopted for use statewide without adoptions by local
14 government. When updating the Florida Building Code, the
15 commission shall consider changes made by the adopting entity
16 of any selected model code for any model code incorporated
17 into the Florida Building Code by the commission, the
18 commission's own interpretations, declaratory statements,
19 appellate decisions, and approved statewide and local
20 technical amendments.
21 (6)(5) It shall be the responsibility of each
22 municipality and county in the state and of each state agency
23 with statutory authority to regulate building construction to
24 enforce the provisions of the Florida specific model code of
25 the State Minimum Building Code Codes adopted by that
26 municipality, county, or agency, in accordance with the
27 provisions of s. 553.80. If such responsibility has been
28 delegated to another unit of government pursuant to s.
29 553.79(9), the specific model code adopted by the delegate
30 shall apply and be enforced.
31
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1 (7)(a)(6) The commission may approve technical
2 amendments to the Florida Building Code once each year for
3 statewide application upon a finding that delaying the
4 application of the amendment would be contrary to the health,
5 safety, and welfare of the public or the amendment provides an
6 economic advantage to the consumer and that the amendment:
7 1. Has a reasonable and substantial connection with
8 the health, safety, and welfare of the general public.
9 2. Strengthens or improves the Florida Building Code,
10 or in the case of innovation or new technology, will provide
11 equivalent or better products or methods or systems of
12 construction.
13 3. Does not discriminate against materials, products,
14 methods, or systems of construction of demonstrated
15 capabilities.
16 4. Does not degrade the effectiveness of the Florida
17 Building Code.
18
19 Amendments approved under this paragraph shall be adopted by
20 rule pursuant to ss. 120.536(1) and 120.54.
21 (b) A proposed amendment shall include a fiscal impact
22 statement which documents the costs and benefits of the
23 proposed amendment. Criteria for the fiscal impact statement
24 shall be established by rule by the commission and shall
25 include the impact to local government relative to
26 enforcement, the impact to property and building owners, as
27 well as to industry, relative to the cost of compliance. The
28 specific model code of the State Minimum Building Codes
29 adopted by a municipality, county, or state agency shall
30 regulate every type of building or structure, wherever it
31 might be situated in the code enforcement jurisdiction;
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1 however, such regulations shall not apply to nonresidential
2 farm buildings on farms; to temporary buildings or sheds used
3 exclusively for construction purposes; to mobile homes used as
4 temporary offices, except that the provisions of part V
5 relating to accessibility by handicapped persons shall apply
6 to such mobile homes used as temporary offices; or to any
7 construction exempted under s. 553.80(3) by an enforcement
8 district or local enforcement agency. The codes may be divided
9 into a number of segments, as determined by the municipality,
10 county, or state agency. These segments may be identified as
11 building, mechanical, electrical, plumbing, or fire prevention
12 codes or by other titles as are deemed proper. However, the
13 State Minimum Building Codes shall not contain a housing code;
14 nor shall the state interpose in the area of local housing
15 codes, except upon request originating from an enforcement
16 district or local enforcement agency.
17 (8) The following buildings, structures, and
18 facilities may be exempted from the Florida Building Code as
19 provided by law and any further exemptions shall be as
20 determined by the Legislature and provided by law:
21 (a) Buildings and structures specifically regulated
22 and preempted by the Federal Government.
23 (b) Railroads and ancillary facilities associated with
24 the railroad.
25 (c) Nonresidential farm buildings on farms.
26 (d) Temporary buildings or sheds used exclusively for
27 construction purposes.
28 (e) Mobile homes used as temporary offices, except
29 that the provisions of part V relating to accessibility by
30 persons with disabilities shall apply to such mobile homes.
31
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1 (9)(7)(a) In the event of a conflict between the
2 Florida applicable minimum Building Code and the Florida Fire
3 Prevention Code and the Life Safety applicable minimum
4 firesafety Code, the conflict it shall be resolved by
5 agreement between the local building code enforcement official
6 and the local fire code enforcement official in favor of the
7 requirement of the code which offers the greatest degree of
8 lifesafety or alternatives which would provide an equivalent
9 degree of lifesafety and an equivalent method of construction.
10 (b) Any decision made by the local fire official and
11 the local building official may be appealed to a local
12 administrative board designated by the municipality, county,
13 or special district having firesafety responsibilities. If
14 the decision of the local fire official and the local building
15 official is to apply the provisions of either the Florida
16 applicable minimum Building Code or the Florida Fire
17 Prevention Code and the Life Safety applicable minimum
18 firesafety Code, the board may not alter the decision unless
19 the board determines that the application of such code is not
20 reasonable. If the decision of the local fire official and
21 the local building official is to adopt an alternative to the
22 codes, the local administrative board shall give due regard to
23 the decision rendered by the local officials and may modify
24 that decision if the administrative board adopts a better
25 alternative, taking into consideration all relevant
26 circumstances. In any case in which the local administrative
27 board adopts alternatives to the decision rendered by the
28 local fire official and the local building official, such
29 alternatives shall provide an equivalent degree of lifesafety
30 and an equivalent method of construction as the decision
31 rendered by the local officials.
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1 (c) If In the event that the local building official
2 and the local fire official are unable to agree on a
3 resolution of the conflict between the Florida Building Code
4 and the Florida Fire Prevention Code and the Life Safety Code,
5 the local administrative board shall resolve the conflict in
6 favor of the code which offers the greatest degree of
7 lifesafety or alternatives which would provide an equivalent
8 degree of lifesafety and an equivalent method of construction.
9 (d) The local administrative board shall, to the
10 greatest extent possible, be composed of members with
11 expertise in building construction and firesafety standards.
12 (e) All decisions of the local building official and
13 local fire official and all decisions of the administrative
14 board shall be in writing and shall be binding upon all
15 persons but shall not limit the authority of the State Fire
16 Marshal or the Florida Building Commission pursuant to
17 paragraph(1)(d) and ss. 663.01, and s. 633.161. Decisions of
18 general application shall be indexed by building and fire code
19 sections and shall be available for inspection during normal
20 business hours.
21 (10)(8) Except within coastal building zones as
22 defined in s. 161.54, specification standards developed by
23 nationally recognized code promulgation organizations to
24 determine compliance with s. 1606 and the engineering design
25 criteria of s. 1606 of the Florida Standard Building Code for
26 wind load design shall not apply to one or two family
27 dwellings which are two stories or less in height unless
28 approved by the board of Building Codes and Standards for use
29 or unless expressly made subject to said standards and
30 criteria by local ordinance adopted in accordance with the
31 provisions of subsection (4).
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1 (11) The Florida Building Code does not apply to, and
2 no code enforcement action shall be brought with respect to,
3 zoning requirements, land use requirements, and owner
4 specifications or programmatic requirements which do not
5 pertain to and govern the design, construction, erection,
6 alteration, modification, repair, or demolition of public or
7 private buildings, structures, or facilities or to
8 programmatic requirements that do not pertain to enforcement
9 of the Florida Building Code. Additionally, a local code
10 enforcement agency may not administer or enforce the Florida
11 Building Code to prevent the siting of any publicly owned
12 facility, including, but ot limited to, correctional
13 facilities, juvenile justice facilities, or state
14 universities, community colleges, or public education
15 facilities, as provided by law.
16 (12) In addition to the requirements of ss. 553.79 and
17 553.80, facilities subject to the provisions of chapter 395
18 and part II of chapter 400 shall have facility plans reviewed
19 and construction surveyed by the state agency authorized to do
20 so under the requirements of chapter 395 and part II of
21 chapter 400 and the certification requirements of the federal
22 government.
23 Section 41. Section 553.74, Florida Statutes, is
24 amended to read:
25 553.74 Florida Building Commission State Board of
26 Building Codes and Standards.--
27 (1) The Florida Building Commission There is created
28 and shall be located within the Department of Community
29 Affairs for administrative purposes the Board of Building
30 Codes and Standards. Members shall be appointed by the
31 Governor subject to confirmation by the Senate. The
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1 commission board shall be composed of 23 17 members,
2 consisting of the following:
3 (a) One architect registered to practice in this state
4 and actively engaged in the profession.
5 (b) One structural engineer registered to practice in
6 this state and actively engaged in the profession.
7 (c) One mechanical contractor certified to do business
8 in this state and actively engaged in the profession.
9 (d) One electrical contractor certified to do business
10 in this state and actively engaged in the profession.
11 (e) One member from fire protection engineering or
12 technology who is actively engaged in the profession.
13 (f) One general contractor certified to do business in
14 this state and actively engaged in the profession.
15 (g) One plumbing contractor licensed to do business in
16 this state and actively engaged in the profession.
17 (h) One roofing, sheet metal, or air-conditioning
18 contractor certified to do business in this state and actively
19 engaged in the profession.
20 (i) One residential contractor licensed to do business
21 in this state and actively engaged in the profession.
22 (j) Three members who are municipal or district codes
23 enforcement officials, one of whom is also a fire official.
24 (k) One member who represents the Department of
25 Insurance a state agency, other than the Department of
26 Community Affairs, empowered by law to enforce building codes.
27 (l) One member who is a county codes enforcement
28 official.
29 (m) One member of a Florida-based organization of
30 handicapped persons with disabilities or a nationally
31
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1 chartered organization of handicapped persons with
2 disabilities with chapters in this state.
3 (n) One member of the manufactured buildings industry
4 who is licensed to do business in this state and is actively
5 engaged in the industry.
6 (o) One mechanical or electrical engineer registered
7 to practice in this state and actively engaged in the
8 profession.
9 (p) One member who is a representative of a
10 municipality or a charter county.
11 (q) One member of the building products manufacturing
12 industry who is authorized to do business in this state and is
13 actively engaged in the industry.
14 (r) One member who is a representative of the building
15 owners and managers industry who is actively engaged in
16 commercial building ownership or management.
17 (s) One member who is a representative of the
18 insurance industry.
19 (t) One member who is a representative of public
20 education.
21 (u) One member who shall be the chair.
22 (2) The first five board members appointed after
23 October 1, 1991, shall serve for terms of 3 years each.
24 Thereafter, All appointments shall be for terms of 4 years,
25 except that of the chair who shall shall serve at the pleasure
26 of the Governor. Each person who is a member of the Board of
27 Building Codes and Standards on the effective date of this act
28 shall serve the remainder of their term as a member of the
29 Florida Building Commission. Except for the chair, newly
30 created positions on the Florida Building Commission shall be
31 appointed after February 1, 1999. A vacancy shall be filled
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1 for the remainder of the unexpired term. Neither the architect
2 nor any of the above-named engineers shall be engaged in the
3 manufacture, promotion, or sale of any building materials; and
4 Any member who shall, during his or her term, cease to meet
5 the qualifications for original appointment, through ceasing
6 to be a practicing member of the profession indicated or
7 otherwise, shall thereby forfeit membership on the commission
8 board.
9 Section 42. Section 553.75, Florida Statutes, is
10 amended to read:
11 553.75 Organization of commission board; rules and
12 regulations; meetings; staff; fiscal affairs.--
13 (1) Within 30 days after its appointment, The
14 commission board shall meet on call of the secretary. The
15 commission board shall at this time, and thereafter annually,
16 elect from its appointive members a chair and such officers as
17 it may choose.
18 (2) The commission board shall meet at the call of its
19 chair, at the request of a majority of its membership, at the
20 request of the department, or at such times as may be
21 prescribed by its rules. The members shall be notified in
22 writing of the time and place of a regular or special meeting
23 at least 7 days in advance of the meeting. A majority of
24 members of the commission board shall constitute a quorum.
25 (3) The department shall be responsible for the
26 provision of administrative and staff support services
27 relating to the functions of the commission board. With
28 respect to matters within the jurisdiction of the commission
29 board, the department shall be responsible for the
30 implementation and faithful discharge of all decisions of the
31
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1 commission board made pursuant to its authority under the
2 provisions of this part.
3 Section 43. Section 553.76, Florida Statutes, is
4 amended to read:
5 553.76 General powers of the commission board.--The
6 commission board is authorized to:
7 (1) Promulgate, in cooperation with the department,
8 rules and regulations for the administration of this part,
9 pursuant to chapter 120.
10 (2) Provide rules of procedure for its internal
11 management and control.
12 (3) Enter into contracts and do such things as may be
13 necessary and incidental to the discharge of its
14 responsibilities under this part.
15 Section 44. Effective January 1, 2001, subsections (4)
16 and (5) are added to section 553.76, Florida Statutes, as
17 amended by this act, to read:
18 553.76 General powers of the commission.--The
19 commission is authorized to:
20 (4) Adopt rules pursuant to ss. 120.536(1) and 120.54
21 to implement the provisions of the Florida Building Code and
22 the provisions of this chapter.
23 (5) Adopt and promote, in consultation with state and
24 local governments, other boards, advisory councils, and
25 commissions, such recommendations as are deemed appropriate to
26 determine and ensure consistent, effective and efficient
27 enforcement and compliance with the Florida Building Code,
28 including, but not limited to, voluntary professional
29 standards for the operation of building departments and for
30 personnel development. Recommendations shall include, but not
31 be limited to, provisions for coordination among and between
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1 local offices with review responsibilities and their
2 coordination with state or regional offices with special
3 expertise.
4 Section 45. Section 553.77, Florida Statutes, is
5 amended to read:
6 553.77 Specific powers of the commission board.--
7 (1) The commission board shall:
8 (a) Adopt rules and regulations or amendments thereto
9 pursuant to ss. 120.536(1) and 120.54 in accordance with the
10 procedures prescribed in chapter 120.
11 (b) Make a continual study of the operation of the
12 State Minimum Building Codes and other laws relating to the
13 construction of buildings, including manufactured buildings,
14 to ascertain their effect upon the cost of building
15 construction and determine the effectiveness of their
16 provisions.
17 (c) Upon written application by a private party or a
18 local enforcement agency, issue declaratory statements
19 advisory opinions relating to new technologies, techniques,
20 and materials which have been tested where necessary and found
21 to meet the objectives of the State Minimum Building Codes and
22 the Florida Manufactured Building Act of 1979.
23 (d) Upon written application by a private party or a
24 local enforcement agency, issue declaratory statements
25 advisory opinions relating to the interpretation, enforcement,
26 administration, or modification by local governments of the
27 State Minimum Building Codes and the Florida Manufactured
28 Building Act of 1979.
29 (e) Make recommendations to, and provide assistance
30 upon the request of, the Florida Commission on Human Relations
31 regarding rules relating to handicapped accessibility.
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1 (f) Coordinate and cooperate with the Florida Fire
2 Code Advisory Council created under s. 633.72, for assistance
3 and recommendations relating to firesafety code
4 interpretations.
5 (2) Upon written application by a private party or a
6 local enforcement agency, the commission board may also:
7 (a) Provide for the testing of materials, devices, and
8 method of construction.
9 (b) Appoint experts, consultants, technical advisers,
10 and advisory committees for assistance and recommendations
11 relating to the State Minimum Building Codes.
12 (c) Appoint an advisory committee consisting of at
13 least five plumbing contractors licensed to do business in
14 this state for assistance and recommendations relating to
15 plumbing code interpretations, if the commission board
16 identifies the need for additional assistance in making
17 decisions regarding the State Plumbing Code.
18 (3) With respect to the qualification program for
19 special inspectors of threshold buildings as required by s.
20 553.79(5)(c), the commission board may prescribe initial and
21 annual renewal fees for certification, by rule, in accordance
22 with chapter 120.
23 (4)(a) Upon written application by a private party,
24 the commission board shall issue a declaratory statement
25 binding opinion relating to a state agency's interpretation
26 and enforcement of the specific model code adopted by the
27 agency to regulate building construction or relating to the
28 conformity of new technologies, techniques, and materials to
29 the objectives of that model code. The provisions of this
30 paragraph shall not be construed to provide any powers to the
31 commission board with respect to any decision of the State
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1 Board of Education made pursuant to the provisions of s.
2 235.26, to the State Fire Marshal made pursuant to the
3 provisions of chapter 633, to the Department of Management
4 Services made pursuant to the provisions of s. 255.25, or to
5 any local government decision with respect to construction not
6 subject to a state agency model code.
7 (b) Upon written applications by private parties or
8 the enforcement agency, the commission board may issue
9 declaratory statements binding opinions relating to the
10 interpretation of ss. 553.71(7) and 553.79(5)(a) and (c),
11 (6)(a), (b), (d), and (e), and (7)(a) and (c).
12 (c) Each opinion issued pursuant to this section shall
13 be rendered in the same manner provided in s. 120.565,
14 relating to declaratory statements.
15 (5) The commission board may designate a commission
16 board member with demonstrated expertise in interpreting
17 building plans to attend each meeting of the advisory council
18 created in s. 553.512. The commission board member may vary
19 from meeting to meeting, shall serve on the council in a
20 nonvoting capacity, and shall receive per diem and expenses as
21 provided in s. 553.74(3).
22 Section 46. Effective January 1, 2001, section 553.77,
23 Florida Statutes, as amended by this act, is amended to read:
24 553.77 Specific powers of the commission.--
25 (1) The commission shall:
26 (a) Adopt and update the Florida Building Code rules
27 and regulations or amendments thereto, pursuant to ss.
28 120.536(1) and 120.54, in accordance with the procedures
29 prescribed in chapter 120.
30 (b) Make a continual study of the operation of the
31 Florida State Minimum Building Code Codes and other laws
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1 relating to the design, construction, erection, alteration,
2 modification, repair, or demolition of public or private of
3 buildings, structures, and facilities, including manufactured
4 buildings, and code enforcement, to ascertain their effect
5 upon the cost of building construction and determine the
6 effectiveness of their provisions. Upon updating the Florida
7 Building Code every 3 years, the commission shall review
8 existing provisions of law and make recommendations to the
9 Legislature for the next regular session of the Legislature
10 regarding provisions of law that should be revised or repealed
11 to ensure consistency with the Florida Building Code at the
12 point the update goes into effect. State agencies and local
13 jurisdictions shall provide such information as requested by
14 the commission for evaluation of the effectiveness of the
15 system of building code laws for reporting to the Legislature.
16 Any proposed legislation providing for the revision or repeal
17 of existing laws and rules relating to technical requirements
18 applicable to building structures or facilities should
19 expressly state that such legislation is not intended to imply
20 any repeal or sunset of existing general or special laws that
21 are not specifically identified in the legislation.
22 (c) Upon written application by any substantially
23 affected person a private party or a local enforcement agency,
24 issue declaratory statements pursuant to s. 120.565 advisory
25 opinions relating to new technologies, techniques, and
26 materials which have been tested where necessary and found to
27 meet the objectives of the Florida State Minimum Building Code
28 Codes and the Florida Manufactured Building Act of 1979.
29 (d) Upon written application by any substantially
30 affected person a private party or a local enforcement agency,
31 issue declaratory statements pursuant to s. 120.565 advisory
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1 opinions relating to the interpretation, enforcement,
2 administration, or modification by local governments of the
3 Florida State Minimum Building Code Codes and the Florida
4 Manufactured Building Act of 1979.
5 (e) When requested in writing by any substantially
6 affected party or a local enforcing agency, shall issue
7 declaratory statements pursuant to s. 120.565 relating to part
8 VII of chapter 553, which shall apply prospectively only.
9 (f)(e) Make recommendations to, and provide assistance
10 upon the request of, the Florida Commission on Human Relations
11 regarding rules relating to handicapped accessibility for
12 persons with disabilities.
13 (g)(f) Participate Coordinate and cooperate with the
14 Florida Fire Code Advisory Council created under s. 633.72, to
15 provide for assistance and recommendations relating to
16 firesafety code interpretations. The administrative staff of
17 the commission shall attend meetings of the Florida Fire Code
18 Advisory Council and coordinate efforts to provide consistency
19 between the Florida Building Code and the Florida Fire
20 Prevention Code and the Life Safety Code.
21 (h) Hear appeals of the decisions of local boards of
22 appeal regarding interpretation decisions of local building
23 officials, or if no local board exists, hear appeals of
24 decisions of the building officials regarding interpretations
25 of the code. For such appeals:
26 1. Local decisions declaring structures to be unsafe
27 and subject to repair or demolition shall not be appealable to
28 the commission if the local governing body finds there is an
29 immediate danger to the health and safety of its citizens.
30 2. All appeals shall be heard in the county of the
31 jurisdiction defending the appeal.
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1 3. Actions of the commission are subject to judicial
2 review pursuant to s. 120.68.
3 (2) Upon written application by a private party or a
4 local enforcement agency, the commission may also:
5 (i)(a) Determine the types of products requiring
6 approval for local or statewide use and shall provide for the
7 evaluation and approval testing of such products, materials,
8 devices, and method of construction for statewide use.
9 Evaluation and approval shall be by action of the commission
10 or delegated pursuant to s. 553.84. This paragraph does not
11 apply to products approved by the State Fire Marshal.
12 (j)(b) Appoint experts, consultants, technical
13 advisers, and advisory committees for assistance and
14 recommendations relating to the major areas addressed in the
15 Florida State Minimum Building Code Codes.
16 (k) Establish and maintain a mutual aid program,
17 organized through the department, to provide an efficient
18 supply of various levels of code enforcement personnel, design
19 professionals, commercial property owners, and construction
20 industry individuals, to assist in the rebuilding effort in an
21 area which has been hit with disaster. The program shall
22 include provisions for:
23 1. Minimum post-disaster structural, electrical, and
24 plumbing inspections and procedures.
25 2. Emergency permitting and inspection procedures.
26 3. Establishing contact with emergency management
27 personnel and other state and federal agencies.
28 (l) Maintain a list of interested parties for noticing
29 rulemaking workshops and hearings, disseminating information
30 on code adoption, revisions, amendments, and all other such
31 actions which are the responsibility of the commission.
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1 (m) Coordinate with the state and local governments,
2 industry, and other affected stakeholders in the examination
3 of legislative provisions and make recommendations to fulfill
4 the responsibility to develop a consistent, single code.
5 (n) Provide technical assistance to local building
6 departments in order to implement policies, procedures, and
7 practices which would produce the most cost effective property
8 insurance ratings.
9 (o) Develop recommendations for local governments to
10 use when pursuing partial or full privatization of building
11 department functions. The recommendations shall include, but
12 not be limited to, provisions relating to equivalency of
13 service, conflict of interest, requirements for competency,
14 liability, insurance, and long-term accountability.
15 (c) Appoint an advisory committee consisting of at
16 least five plumbing contractors licensed to do business in
17 this state for assistance and recommendations relating to
18 plumbing code interpretations, if the commission identifies
19 the need for additional assistance in making decisions
20 regarding the State Plumbing Code.
21 (2)(3) With respect to the qualification program for
22 special inspectors of threshold buildings as required by s.
23 553.79(5)(c), the commission may prescribe initial and annual
24 renewal fees for certification, by rule, in accordance with
25 chapter 120.
26 (3)(4)(a) Upon written application by any
27 substantially affected person a private party, the commission
28 shall issue a declaratory statement pursuant to s. 120.565
29 binding opinion relating to a state agency's interpretation
30 and enforcement of the specific provisions of the Florida
31 Building model Code required under this section adopted by the
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1 agency to regulate building construction or relating to the
2 conformity of new technologies, techniques, and materials to
3 the objectives of the Florida Building that model Code. The
4 provisions of this paragraph shall not be construed to provide
5 any powers, other than advisory, to the commission with
6 respect to any decision of the State Board of Education made
7 pursuant to the provisions of s. 235.26, to the State Fire
8 Marshal made pursuant to the provisions of chapter 633, to the
9 Department of Management Services made pursuant to the
10 provisions of s. 255.25, or to any local government decision
11 with respect to construction not subject to a state agency
12 model code.
13 (b) Upon written applications by private parties or
14 the enforcement agency, the commission may issue binding
15 opinions relating to the interpretation of ss. 553.71(7) and
16 553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a)
17 and (c).
18 (c) Each opinion issued pursuant to this section shall
19 be rendered in the same manner provided in s. 120.565,
20 relating to declaratory statements.
21 (4)(5) The commission may designate a commission
22 member with demonstrated expertise in interpreting building
23 plans to attend each meeting of the advisory council created
24 in s. 553.512. The commission member may vary from meeting to
25 meeting, shall serve on the council in a nonvoting capacity,
26 and shall receive per diem and expenses as provided in s.
27 553.74(3).
28 (5) For educational and public information purposes,
29 the commission shall develop and publish an informational and
30 explanatory document which contains descriptions of the roles
31 and responsibilities of the licensed design professional,
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1 residential designer, contractor, and local building and fire
2 code officials. The State Fire Marshal shall be responsible
3 for developing and specifying roles and responsibilities for
4 fire code officials. Such document may also contain
5 descriptions of roles and responsibilities of other
6 participants involved in the building codes system.
7 (6) The commission may provide for plans review and
8 approval of prototype buildings owned by public entities to be
9 replicated throughout the state. Such approved plans or
10 prototype buildings shall be exempt from further review
11 required by s. 553.79(2), except changes to the prototype
12 design, site plans, and other site related items, or any local
13 amendment to any part of the Florida Building Code.
14 Construction or erection of such prototype buildings are
15 subject to local permitting and inspections pursuant to this
16 part.
17 Section 47. Effective January 1, 2001, section
18 553.781, Florida Statutes, is created to read:
19 553.781 Licensee accountability.--
20 (1) The Legislature finds that accountability for work
21 performed by design professionals and contractors is the key
22 to strong and consistent compliance with the Florida Building
23 Code and, therefore, protection of the public health, safety,
24 and welfare. The purpose of this section is to provide such
25 accountability.
26 (2)(a) Upon a determination by a local jurisdiction
27 that a licensee, certificateholder, or registrant licensed
28 under chapters 455, 471, 481, or 489 has committed a material
29 violation of the Florida Building Code and failed to correct
30 the violation within a reasonable time, such local
31
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1 jurisdiction shall impose a fine of no less than $500 and no
2 more than $5,000 per material violation.
3 (b) If the licensee, certificateholder, or registrant
4 disputes the violation within 30 days following notification
5 by the local jurisdiction, the fine is abated and the local
6 jurisdiction shall report the dispute to the appropriate
7 professional licensing board for disciplinary investigation
8 and final disposition. If an administrative complaint is filed
9 by the professional licensing board against the
10 certificateholder or registrant, the commission may intervene
11 in such proceeding. Any fine imposed by the professional
12 licensing board, pursuant to matters reported by the local
13 jurisdiction to the professional licensing board, shall be
14 divided equally between the board and the local jurisdiction
15 which reported the violation.
16 (3) The Department of Business and Professional
17 Regulation, as an integral part of the automated information
18 system provided under s. 455.2286, shall establish, and local
19 jurisdictions and state licensing boards shall participate in,
20 a system of reporting violations and disciplinary actions
21 taken against all licensee, certificateholders, and
22 registrants under this section that have been disciplined for
23 a violation of the Florida Building Code. Such information
24 shall be available electronically. Any fines collected by a
25 local jurisdiction pursuant to subsection (2) shall be used
26 initially to help set up the parts of the reporting system for
27 which such local jurisdiction is responsible. Any remaining
28 moneys shall be used solely for enforcing the Florida Building
29 Code, licensing activities relating to the Florida Building
30 Code, or education and training on the Florida Building Code.
31
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1 (4) Local jurisdictions shall maintain records,
2 readily accessible by the public, regarding material
3 violations and shall report such violations to the Department
4 of Business and Professional Regulation by means of the
5 reporting system provided in s. 455.2286.
6
7 For purposes of this section, a material code violation is a
8 violation that exists within a completed building, structure,
9 or facility which may reasonably result, or has resulted, in
10 physical harm to a person or significant damage to the
11 performance of a building or its systems. Except whenever the
12 fine is abated as provided n subsection (2), failure to pay
13 the fine within 30 days shall result in a suspension of the
14 licensee's, certificateholder's, or registrant's ability to
15 obtain permits within this state until such time as the fine
16 is paid. Such suspension shall be reflected on the automated
17 information system under s. 455.2286.
18 Section 48. Paragraphs (a) and (c) of subsection (5)
19 and subsection (15) of section 553.79, Florida Statutes, are
20 amended to read:
21 553.79 Permits; applications; issuance; inspections.--
22 (5)(a) The enforcing agency shall require a special
23 inspector to perform structural inspections on a threshold
24 building pursuant to a structural inspection plan prepared by
25 the engineer or architect of record. The structural inspection
26 plan must be submitted to the enforcing agency prior to the
27 issuance of a building permit for the construction of a
28 threshold building. The purpose of the structural inspection
29 plan is to provide specific inspection procedures and
30 schedules so that the building can be adequately inspected for
31 compliance with the permitted documents. The special inspector
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1 shall inspect the shoring and reshoring for conformance with
2 the shoring and reshoring plans submitted to the enforcing
3 agency. A fee simple title owner of a building, which does not
4 meet the minimum size, height, occupancy, occupancy
5 classification, or number of stories criteria which would
6 result in classification as a threshold building under s.
7 553.71(7), may designate such building as a threshold
8 building, subject to more than the minimum number of
9 inspections required by the Florida Building Code
10 (c) The commission board shall, by rule, establish a
11 qualification program for special inspectors and shall compile
12 a list of persons qualified to be special inspectors. Special
13 inspectors shall not be required to meet standards for
14 qualification other than those established by the commission
15 board, nor shall the fee owner of a threshold building be
16 prohibited from selecting any person qualified by the
17 commission board to be a special inspector. The architect or
18 engineer of record may act as the special inspector provided
19 she or he is on the list of persons qualified to be special
20 inspectors. School boards may utilize employees as special
21 inspectors provided such employees are on the list of persons
22 qualified to be special inspectors.
23 (15) Certifications by contractors authorized under
24 the provisions of s. 489.115(4)(b) shall be considered
25 equivalent to sealed plans and specifications by a person
26 licensed under chapter 471 or chapter 481 by local enforcement
27 agencies for plans review for permitting purposes relating to
28 compliance with the wind resistance provisions of the code or
29 alternate methodologies approved by the commission board for
30 one and two family dwellings. Local enforcement agencies may
31 rely upon such certification by contractors that the plans and
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1 specifications submitted conform to the requirements of the
2 code for wind resistance. Upon good cause shown, local
3 government code enforcement agencies may accept or reject
4 plans sealed by persons licensed under chapter 471, chapter
5 481, or chapter 489.
6 Section 49. Effective January 1, 2001, subsections
7 (1), (2), (3), (4), (6), (9), (10), and (14) of section
8 553.79, Florida Statutes, are amended, and subsection (17) is
9 added to said section, to read:
10 553.79 Permits; applications; issuance; inspections.--
11 (1) After the effective date of the Florida State
12 Minimum Building Code Codes adopted as herein provided, it
13 shall be unlawful for any person, firm, or corporation, or
14 governmental entity to construct, erect, alter, modify,
15 repair, or demolish any building within this state without
16 first obtaining a permit therefor from the appropriate
17 enforcing agency or from such persons as may, by appropriate
18 resolution or regulation of the authorized state or local
19 enforcing agency, be delegated authority to issue such
20 permits, upon the payment of such reasonable fees adopted by
21 the enforcing agency. The enforcing agency is empowered to
22 revoke any such permit upon a determination by the agency that
23 the construction, erection, alteration, modification, repair,
24 or demolition of the building for which the permit was issued
25 is in violation of, or not in conformity with, the provisions
26 of the Florida State Minimum Building Code Codes.
27 Installation, replacement, removal, or metering of any load
28 management control device is exempt from and shall not be
29 subject to the permit process and fees otherwise required by
30 this section.
31
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1 (2) After January 1, 1988, No enforcing agency may
2 issue any permit for construction, erection, alteration,
3 modification, repair, or demolition until the local building
4 code administrator or inspector, in conjunction with the
5 appropriate firesafety inspector, has reviewed the plans and
6 specifications for such proposal and both officials have found
7 the plans to be in compliance with the Florida applicable
8 State Minimum Building Code Codes and the Florida Fire
9 Prevention Code and the Life Safety Code applicable firesafety
10 standards as determined by the local authority in accordance
11 with this chapter and chapter 633. Building plans approved
12 pursuant to s. 553.77(6) and state-approved manufactured
13 buildings are exempt from local codes enforcing agency plan
14 reviews except for provisions of the code relating to
15 erection, assembly, or construction at the site. Erection,
16 assembly, and construction at the site are subject to local
17 permitting and inspections. Any building or structure which is
18 not subject to a firesafety code and any building or structure
19 which is exempt from the local building permit process shall
20 not be required to have its plans reviewed by the local
21 officials. Industrial construction on sites where design,
22 construction, and firesafety are supervised by appropriate
23 design and inspection professionals and which contain adequate
24 in-house fire departments and rescue squads is exempt, subject
25 to local government option, from review of plans and
26 inspections, providing owners certify that applicable codes
27 and standards have been met and supply appropriate approved
28 drawings to local building and firesafety inspectors. The
29 enforcing agency shall issue a permit to construct, erect,
30 alter, modify, repair, or demolish any building when the plans
31 and specifications for such proposal comply with the
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1 provisions of the Florida State Minimum Building Code Codes
2 and the Florida Fire Prevention Code and the Life Safety Code
3 applicable firesafety standards as determined by the local
4 authority in accordance with this chapter and chapter 633.
5 (3) Except as provided in this chapter, the Florida
6 State Minimum Building Code Codes, after the effective date of
7 their adoption pursuant to the provisions of this part, shall
8 supersede all other building construction codes or ordinances
9 in the state, whether at the local or state level and whether
10 adopted by administrative regulation or by legislative
11 enactment, unless such building construction codes or
12 ordinances are more stringent than the State Minimum Building
13 Codes and the conditions of s. 553.73(4) are met. However,
14 this subsection does not apply to the manufacture of mobile
15 homes as defined by federal law chapter 320. Nothing
16 contained in this subsection shall be construed as nullifying
17 or divesting appropriate state or local agencies of authority
18 to make inspections or to enforce the codes within their
19 respective areas of jurisdiction.
20 (4) The Florida State Minimum Building Code Codes,
21 after the effective date of their adoption pursuant to the
22 provisions of this part, may be modified by local governments
23 to require more stringent standards than those specified in
24 the Florida State Minimum Building Code Codes, provided the
25 conditions of s. 553.73(4) are met.
26 (6) No permit may be issued for any building
27 construction, erection, alteration, modification, repair, or
28 addition unless the applicant for such permit provides to the
29 enforcing agency which issues the permit any of the following
30 documents which apply to the construction for which the permit
31
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1 is to be issued and which shall be prepared by or under the
2 direction of an engineer registered under chapter 471:
3 (a) Electrical documents for any new building or
4 addition which requires an aggregate service capacity of 600
5 amperes (240 volts) or more on a residential electrical system
6 or 800 amperes (240 volts) or more on a commercial or
7 industrial electrical system and which costs more than
8 $50,000.
9 (b) Plumbing documents for any new building or
10 addition which requires a plumbing system with more than 250
11 fixture units or which costs more than $50,000.
12 (c) Fire sprinkler documents for any new building or
13 addition which includes a fire sprinkler system which contains
14 50 or more sprinkler heads. A Contractor I, Contractor II, or
15 Contractor IV, certified under s. 633.521, may design a fire
16 sprinkler system of 49 or fewer heads and may design the
17 alteration of an existing fire sprinkler system if the
18 alteration consists of the relocation, addition, or deletion
19 of not more than 49 heads, notwithstanding the size of the
20 existing fire sprinkler system.
21 (d) Heating, ventilation, and air-conditioning
22 documents for any new building or addition which requires more
23 than a 15-ton-per-system capacity which is designed to
24 accommodate 100 or more persons or for which the system costs
25 more than $50,000. This paragraph does not include any
26 document for the replacement or repair of an existing system
27 in which the work does not require altering a structural part
28 of the building or for work on a residential one-family,
29 two-family, three-family, or four-family structure.
30 (e) Any specialized mechanical, electrical, or
31 plumbing document for any new building or addition which
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1 includes a medical gas, oxygen, steam, vacuum, toxic air
2 filtration, halon, or fire detection and alarm system which
3 costs more than $5,000.
4
5 Documents requiring an engineer seal by this part No such
6 document shall not be valid unless a professional engineer who
7 possesses a valid certificate of registration has signed,
8 dated, and stamped such document as provided in s. 471.025.
9 (9) Any state agency with building construction
10 responsibility may enter into an agreement with any other unit
11 of government to delegate its responsibility to enforce the
12 delegate's building code governing the construction, erection,
13 alteration, repair, or demolition of any state building and is
14 authorized to expend public funds for permit and inspection
15 fees, which fees may be no greater than the fees charged
16 others.
17 (10) An enforcing authority may not issue a building
18 permit for any building construction, erection, alteration,
19 modification, repair, or addition unless the permit either
20 includes on its face or there is attached to the permit the
21 following statement: "NOTICE: In addition to the requirements
22 of this permit, there may be additional restrictions
23 applicable to this property that may be found in the public
24 records of this county, and there may be additional permits
25 required from other governmental entities such as water
26 management districts, state agencies, or federal agencies."
27 (14) A building permit for a single-family residential
28 dwelling must be issued within 30 working days of application
29 therefor unless unusual circumstances require a longer time
30 for processing the application or unless the permit
31
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1 application fails to satisfy the Florida Building Code or the
2 enforcing agency's laws or, ordinances, or codes.
3 (17) Notwithstanding any other provision of law, state
4 agencies responsible for the construction, erection,
5 alteration, modification, repair, or demolition of public
6 buildings, or the regulation of public and private buildings,
7 structures, and facilities, shall be subject to enforcement of
8 the Florida Building Code by local jurisdictions. This
9 subsection applies in addition to the jurisdiction and
10 authority of the Department of Insurance to inspect
11 state-owned buildings. This subsection does not apply to the
12 jurisdiction and authority of the Department of Agriculture
13 and Consumer Services to inspect amusement rides or the
14 Department of Insurance to inspect state owned buildings and
15 boilers.
16 Section 50. Subsections (1) and (2) of section 553.80,
17 Florida Statutes, are amended to read:
18 553.80 Enforcement.--
19 (1) It shall be the responsibility of each local
20 government, each legally constituted enforcement district, and
21 each state agency with statutory authority to regulate
22 building construction to enforce the building code adopted by
23 such body in accordance with s. 553.73, unless such
24 responsibility has been delegated to another unit of
25 government pursuant to s. 553.79(9). The governing bodies of
26 local governments may provide a schedule of fees for the
27 enforcement of the provisions of this part. Such fees shall
28 be used solely for carrying out the local government's
29 responsibilities in enforcing the code. The authority of state
30 enforcing agencies to set fees for enforcement shall be
31 derived from authority existing on the effective date of this
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1 act. However, nothing contained in this subsection shall
2 operate to limit such agencies from adjusting their fee
3 schedule in conformance with existing authority.
4 (2) Except for charter counties, Any two or more
5 counties or municipalities, or any combination thereof, may,
6 in accordance with the provisions of chapter 163, governing
7 interlocal agreements, form an enforcement district for the
8 purpose of adopting, enforcing, and administering the
9 provisions of the State Minimum Building Codes. Each district
10 so formed shall be registered with the department on forms to
11 be provided for that purpose. Nothing in this subsection shall
12 be construed to supersede provisions of county charters which
13 preempt municipal authorities respective to building codes.
14 Section 51. Effective January 1, 2001, section 553.80,
15 Florida Statutes, as amended by this act, is amended to read:
16 553.80 Enforcement.--
17 (1) It shall be the responsibility of each local
18 government and, each legally constituted enforcement district,
19 and each state agency with statutory authority to regulate
20 building construction to enforce the Florida Building Code
21 required by this part on all public or private buildings,
22 structures, and facilities adopted by such body in accordance
23 with s. 553.73, unless such responsibility has been delegated
24 to another unit of government pursuant to s. 553.79(9). The
25 governing bodies of local governments may provide a schedule
26 of fees, as authorized by s. 125.56(2) or s. 166.222 and this
27 section, for the enforcement of the provisions of this part.
28 Such fees shall be used solely for carrying out the
29 responsibilities of enforcing the Florida Building Code. The
30 authority of state enforcing agencies to set fees for
31 enforcement shall be derived from authority existing on the
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1 effective date of this act. However, nothing contained in this
2 subsection shall operate to limit such agencies from adjusting
3 their fee schedule in conformance with existing authority.
4 (2)(a) Any two or more counties or municipalities, or
5 any combination thereof, may, in accordance with the
6 provisions of chapter 163, governing interlocal agreements,
7 form an enforcement district for the purpose of adopting,
8 enforcing, and administering the provisions of the Florida
9 State Minimum Building Code Codes. Each district so formed
10 shall be registered with the department on forms to be
11 provided for that purpose. Nothing in this subsection shall be
12 construed to supersede provisions of county charters which
13 preempt municipal authorities respective to building codes.
14 (b) With respect to evaluation of design
15 professionals' documents, if a local government finds it
16 necessary, in order to enforce compliance with the Florida
17 Building Code and issue a permit, to reject design documents
18 required by the code three or more times for failure to
19 correct a code violation specifically and continuously noted
20 in each rejection, including, but not limited to, egress, fire
21 protection, structural stability, energy, accessibility,
22 lighting, ventilation, electrical, mechanical, plumbing, and
23 gas systems, or other requirements identified by rule of the
24 Florida Building Commission adopted pursuant to chapter 120,
25 the local government shall impose, each time after the third
26 such review the plans are rejected for that code violation, a
27 fee of four times the amount of the proportion of the permit
28 fee attributed to plans review.
29 (c) With respect to inspections, if a local government
30 finds it necessary, in order to enforce compliance with the
31 Florida Building Code, to conduct any inspection after an
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1 initial inspection and one subsequent reinspection of any
2 project or activity for the same code violation specifically
3 and continuously noted in each rejection, including, but not
4 limited to, egress, fire protection, structural stability,
5 energy, accessibility, lighting, ventilation, electrical,
6 mechanical, plumbing, and gas systems, or other requirements
7 identified by rule of the Florida Building Commission adopted
8 pursuant to chapter 120, the local government shall impose a
9 fee of four times the amount of the fee imposed for the
10 initial inspection or first reinspection whichever is greater,
11 for each such subsequent reinspection.
12 (3) Each enforcement district shall be governed by a
13 board, the composition of which shall be determined by the
14 affected localities. At its own option each enforcement
15 district or local enforcement agency may promulgate rules
16 granting to the owner of a single-family residence one or more
17 exemptions from the Florida State Minimum Building Code Codes
18 relating to:
19 (a) Addition, alteration, or repairs performed by the
20 property owner upon his or her own property, provided any
21 addition or alteration shall not exceed 1,000 square feet or
22 the square footage of the primary structure, whichever is
23 less.
24 (b) Addition, alteration, or repairs by a nonowner
25 within a specific cost limitation set by rule, provided the
26 total cost shall not exceed $5,000 within any 12-month period.
27 (c) Building and inspection fees.
28
29 Each code exemption, as defined in paragraphs (a), (b), and
30 (c), shall be certified to the local board 10 days prior to
31 implementation and shall only be effective in the territorial
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1 jurisdiction of the enforcement district or local enforcement
2 agency implementing it.
3 (4) When an enforcement district has been formed as
4 provided herein, upon its registration with the department, it
5 shall have the same authority and responsibility with respect
6 to building codes as provided by this part for local governing
7 bodies.
8 (5) State and regional agencies with special expertise
9 in building code standards and licensing of contractors and
10 design professionals shall provide support to local
11 governments upon request.
12 (6) Notwithstanding any other provision of law, state
13 universities, community colleges, and public school districts
14 shall be subject to enforcement of the Florida Building Code
15 pursuant to this part.
16 (a) State universities, state community colleges, or
17 public school districts shall conduct plan review and
18 construction inspections to enforce building code compliance
19 for their building projects that are subject to the Florida
20 Building Code. Such entities shall have personnel
21 appropriately certified under part XII of chapter 468 perform
22 the plan reviews and inspections required by the code. Under
23 such arrangements, such entities shall not be subject to local
24 government permitting requirements, plans review, and
25 inspection fees. The state university, state community
26 colleges, and public school districts shall be liable and
27 responsible for all of their buildings, structures, and
28 facilities. Nothing in this paragraph shall be construed to
29 limit the authority of the county, municipality, or code
30 enforcement district to ensure that buildings, structures, and
31 facilities owned by such entities comply with the Florida
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1 Building Code or to limit the authority and responsibility of
2 the fire official to conduct firesafety inspections pursuant
3 to chapter 633.
4 (b) If a state university, state community college, or
5 public school district elects to use a local government's code
6 enforcement offices:
7 1. Fees charged by counties and municipalities for
8 enforcement of the Florida Building Code on buildings,
9 structures, and facilities of state universities, state
10 colleges, and public school districts shall not be more than
11 the actual labor and administrative costs incurred for plans
12 review and inspections to ensure compliance with the code.
13 2. Counties and municipalities shall expedite building
14 construction permitting, building plans review, and
15 inspections of projects of state universities, state community
16 colleges, and public school districts which are subject to the
17 Florida Building Code according to guidelines established by
18 the Florida Building Commission.
19 (c) The Florida Building Commission and code
20 enforcement jurisdictions shall consider balancing code
21 criteria and enforcement to unique functions, where they
22 occur, of research institutions by application of performance
23 criteria in lieu of prescriptive criteria.
24
25 Nothing in this part shall be construed to authorize counties,
26 municipalities, or code enforcement districts to conduct any
27 permitting, plans review, or inspections not covered by the
28 Florida Building Code. Any actions by counties or
29 municipalities not in compliance with this part may be
30 appealed to the Florida Building Commission. The commission,
31 upon a determination that actions not in compliance with this
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1 part have delayed permitting or construction, may suspend the
2 authority of a county, municipality, or code enforcement
3 district to enforce the Florida Building Code on the
4 buildings, structures, or facilities of a state university,
5 state community college, or public school district and provide
6 for code enforcement at the expense of the state university,
7 state community college, or public school district.
8 Section 52. Section 553.841, Florida Statutes, is
9 created to read:
10 553.841 Building code training program; participant
11 competency requirements.--
12 (1) The Legislature finds that the effectiveness of
13 the building codes of this state depends on the performance of
14 all participants, as demonstrated through knowledge of the
15 codes and commitment to compliance with code directives and
16 that to strengthen compliance by industry and enforcement by
17 government, a Building Code Training Program is needed.
18 (2) The commission shall establish the Building Code
19 Training Program to develop and provide a core curriculum and
20 advance module courses relating to the Florida Building Code
21 and a system of administering and enforcing the Florida
22 Building Code.
23 (3) The program shall be developed, implemented, and
24 administered by the commission in consultation with the
25 Department of Education, the Department of Community Affairs,
26 the Department of Business and Professional Regulation, the
27 State University System, and the Division of Community
28 Colleges.
29 (4) The commission may enter into contracts with the
30 Department of Education, the State University System, the
31 Division of Community Colleges, model code organizations,
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1 professional organizations, vocational-technical schools,
2 trade organizations, and private industry to administer the
3 program.
4 (5) The program shall be affordable, accessible,
5 meaningful, financially self-sufficient and shall make maximum
6 use of existing sources, systems, institutions, and programs
7 available through private sources.
8 (6) The commission, in coordination with the
9 Department of Community Affairs, the Department of Business
10 and Professional Regulation, the respective licensing boards,
11 and the State Fire Marshal shall develop or cause to be
12 developed:
13 (a) A core curriculum which is prerequisite to all
14 specialized and advanced module course work.
15 (b) A set of specialized and advanced modules
16 specifically designed for use by each profession.
17 (7) The core curriculum shall cover the information
18 required to have all categories of participants appropriately
19 informed as to their technical and administrative
20 responsibilities in the effective execution of the code
21 process by all individuals currently licensed under part XII
22 of chapter 468 or chapters 471, 481, or 489, except as
23 otherwise provided in s. 471.017. The core curriculum shall
24 be prerequisite to the advanced module course work for all
25 licensees and shall be completed by individuals licensed in
26 all categories under part XII of chapter 468 or chapters 471,
27 481, or 489 within the first 2-year period after establishment
28 of the program. Core course hours taken by licensees to
29 complete this requirement shall count toward fulfillment of
30 required continuing education units under part XII of chapter
31 468 or chapters 471, 481, or 489.
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1 (8) The commission, in consultation with the
2 Department of Business and Professional Regulation and the
3 respective licensing boards, shall develop or cause to be
4 developed an equivalency test for each category of licensee.
5 Such test may be taken in lieu of the core curriculum. A
6 passing score on the test shall be equivalent to completion of
7 the core curriculum and shall be credited toward the required
8 number of hours of continuing education.
9 (9) The commission, in consultation with the
10 Department of Business and Professional Regulation, shall
11 develop or cause to be developed, or approve as a part of the
12 program, a core curriculum and specialized or advanced module
13 course work for the construction workforce, including, but not
14 limited to, superintendents, journeymen, and residential
15 designers.
16 (10) The respective state boards under part XII of
17 chapter 468, chapters 471, 481, and 489, and the State Fire
18 Marshal under chapter 633, shall require specialized or
19 advanced course modules as part of their regular continuing
20 education requirements.
21 Section 53. (1) The commission, in consultation with
22 the respective professional licensing boards within the
23 Department of Business and Professional Regulation, the
24 Department of Education, the Department of Labor and
25 Employment Security, the State University System, Community
26 Colleges, and the entity administering the Code Training
27 Program, shall develop a program and standards for providing
28 entry level construction workers:
29 (a) Long-term training intended to produce crafts
30 people who are competent to perform all tasks associated with
31 a specific trade.
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1 (b) Short-term intensive training intended to teach
2 specific skills within a trade.
3 (c) Brief in-service training intended to inform
4 workers regarding new code requirements, construction
5 techniques, and materials.
6 (2) The commission, in consultation with the
7 respective licensing boards within the Department of Business
8 and Professional Regulation, the Department of Education, the
9 State University System, the Division of Community Colleges,
10 and the Department of Labor and Employment Security, shall
11 develop a proposed method of implementing the training
12 programs in subsection (1) that is a combination of:
13 (a) Mandatory licensing which enforces initial
14 qualification requirements and continuing education
15 requirements.
16 (b) Mandatory training which establishes and enforces
17 training standards.
18 (c) Voluntary training not enforced by a government
19 agency.
20 (3) The commission shall present the implementation
21 proposal to the Legislature in a report no later than January
22 31, 2000.
23 Section 54. Section 553.842, Florida Statutes, is
24 created to read:
25 553.842 Product evaluation and approval.--
26 (1) The commission may adopt rules pursuant to ss.
27 120.536(1) and 120.54 to develop and implement a product
28 evaluation and approval system to operate in coordination with
29 the Florida Building Code. The product evaluation and
30 approval system shall provide:
31
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1 (a) Appropriate promotion of innovation and new
2 technologies.
3 (b) Processing submittals of products from
4 manufacturers in a timely manner.
5 (c) Independent, third-party qualified and accredited
6 testing and laboratory facilities.
7 (d) An easily accessible product acceptance list to
8 entities subject to the Florida Building Code.
9 (e) Development of stringent but reasonable testing
10 criteria based upon existing consensus standards, when
11 available, for products.
12 (f) Long-term approvals, where feasible.
13 (g) Recall or revocation of a product approval.
14 (h) Cost effectiveness.
15 (2) The product evaluation and approval system shall
16 rely on regional, national, and international consensus
17 standards, whenever adopted by the Florida Building Code, for
18 demonstrating compliance with code standards. Other standards
19 which meet or exceed established state requirements shall also
20 be considered.
21 (3) Products or methods or systems of construction
22 required to be approved and certified by an approved product
23 evaluation entity as complying with the standards specified by
24 the code shall be permitted to be used statewide, without
25 further evaluation or approval.
26 (4) Products may be approved either by the commission
27 for statewide use, or by a local building department for use
28 in that department's jurisdiction only. Notwithstanding a
29 local government's authority to amend the Florida Building
30 Code as provided in this act, statewide approval shall
31 preclude local jurisdictions from requiring further testing,
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1 evaluation, or submission of other evidence as a condition of
2 using the product so long as the product is being used
3 consistent with the conditions of its approval.
4 (5) Statewide and local approval of products or
5 methods or systems of construction shall be achieved by:
6 (a) Submittal and validation of a product evaluation
7 report from an approved product evaluation entity indicating
8 the product or method or system of construction was tested to
9 be in compliance with the Florida Building Code or with the
10 intent of the Florida Building Code and the product or method
11 or system of construction is, for the purpose intended, at
12 least equivalent of that required by the Florida Building
13 Code; or
14 (b) Submittal and validation of a product evaluation
15 report or rational analysis which is signed and sealed by a
16 professional engineer or architect, licensed in this state,
17 who has no conflict of interest, as determined by national
18 guidelines, who certifies that the product or method or system
19 of construction is, for the purpose intended, at least
20 equivalent of that required by the Florida Building Code. Any
21 product approved under this procedure shall be required to be
22 manufactured under a quality assurance program, certified by
23 an approved product evaluation entity.
24 (6) A building official may deny the local application
25 of a product or method or system of construction which has
26 received statewide approval, based upon a written report
27 signed by the official that concludes the product application
28 is inconsistent with the statewide approval and that states
29 the reasons the application is inconsistent. Such denial is
30 subject to the provisions of s. 553.77.
31
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1 (7) Products, other than manufactured buildings, which
2 are custom fabricated or assembled shall not require separate
3 approval under this section provided the component parts have
4 been approved for the fabricated or assembled product's use
5 and the components meet the standards and requirements of the
6 Florida Building Code which applies to the products's intended
7 use.
8 (8) A building official may appeal the required
9 approval for local use of a product or method or system of
10 construction to the commission. The commission shall
11 establish expedited procedures to handle such appeals.
12 (9) The decisions of local building officials shall be
13 appealable to the local board of appeals, if such board
14 exists, then to the commission. Decisions of the commission
15 regarding statewide product approvals and appeals of local
16 product approval shall be subject to judicial review pursuant
17 to s. 120.68.
18 (10) The commission shall maintain a list of the
19 approved products and product evaluation entities and make
20 such list available in the most cost effective manner. The
21 commission shall establish reasonable time frames associated
22 with the product approval process and availability of the
23 list.
24 (11) The commission may establish reasonable and
25 appropriate fees for the review of rational analyses and
26 certification of manufactured buildings submitted pursuant to
27 this section and may enter into any contracts the commission
28 deems necessary in order to implement this section.
29 (12) Products certified or approved for statewide or
30 local use by an approved product evaluation entity prior to
31 the effective date of this act shall be deemed to be approved
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1 for use in this state pursuant to this section and to comply
2 with this section.
3
4 For purposes of this section, an approved product evaluation
5 entity is an entity that has been accredited by a nationally
6 recognized independent evaluation authority or entity
7 otherwise approved by the commission.
8 Section 55. Effective January 1, 2001, paragraph (c)
9 of subsection (2) of section 627.351, Florida Statutes, is
10 amended to read:
11 627.351 Insurance risk apportionment plans.--
12 (2) WINDSTORM INSURANCE RISK APPORTIONMENT.--
13 (c) The provisions of paragraph (b) are applicable
14 only with respect to:
15 1. Those areas that were eligible for coverage under
16 this subsection on April 9, 1993; or
17 2. Any county or area as to which the department,
18 after public hearing, finds that the following criteria exist:
19 a. Due to the lack of windstorm insurance coverage in
20 the county or area so affected, economic growth and
21 development is being deterred or otherwise stifled in such
22 county or area, mortgages are in default, and financial
23 institutions are unable to make loans;
24 b. The county or area so affected has adopted and is
25 enforcing the structural requirements of the Florida State
26 Minimum Building Code Codes, as defined in s. 553.73, for new
27 construction and has included adequate minimum floor elevation
28 requirements for structures in areas subject to inundation;
29 and
30 c. Extending windstorm insurance coverage to such
31 county or area is consistent with and will implement and
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1 further the policies and objectives set forth in applicable
2 state laws, rules, and regulations governing coastal
3 management, coastal construction, comprehensive planning,
4 beach and shore preservation, barrier island preservation,
5 coastal zone protection, and the Coastal Zone Protection Act
6 of 1985.
7
8 The department shall consider reports of the Florida Building
9 Commission when evaluating building code enforcement. Any time
10 after the department has determined that the criteria referred
11 to in this subparagraph do not exist with respect to any
12 county or area of the state, it may, after a subsequent public
13 hearing, declare that such county or area is no longer
14 eligible for windstorm coverage through the plan.
15 Section 56. Effective January 1, 2001, subsection (1)
16 of section 633.01, Florida Statutes, is amended, and
17 subsections (7) and (8) are added to said section, to read:
18 633.01 State Fire Marshal; powers and duties; rules.--
19 (1) The head of the Department of Insurance shall be
20 designated as "State Fire Marshal." The State Fire Marshal
21 shall make and promulgate all rules necessary to implement the
22 provisions of this chapter which grant powers and impose
23 duties on the State Fire Marshal and to effectuate the
24 enforcement of such powers and duties. However, The
25 department shall not adopt the Florida Fire Prevention Code
26 and the Life Safety Code minimum firesafety standards, except
27 to the extent required by s. 394.879.
28 (7) It is the intent of the Legislature that there are
29 to be no conflicting requirements between the Florida Fire
30 Prevention Code and the Life Safety Code authorized by this
31 chapter and the provisions of the Florida Building Code or
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1 conflicts in their enforcement and interpretation. Potential
2 conflicts shall be resolved through coordination and
3 cooperation of the State Fire Marshal and the Florida Building
4 Commission as provided by this chapter and part VII of chapter
5 553.
6 (8) The Department of Insurance shall issue, when
7 requested in writing by any substantially affected person or a
8 local enforcing agency, declaratory statements pursuant to s.
9 120.565 relating to the Florida Fire Prevention Code and the
10 Life Safety Code. Such interpretations shall apply
11 prospectively, except whenever the State Fire Marshal
12 determines that a serious threat to life exists that warrants
13 retroactive application.
14 Section 57. Effective January 1, 2001, section
15 633.0215, Florida Statutes, is created to read:
16 633.0215 Florida Fire Prevention Code.--
17 (1) The department shall adopt, by rule pursuant to
18 ss. 120.536(1) and 120 54, the Florida Fire Prevention Code
19 which shall contain or incorporate by reference all firesafety
20 laws and rules that pertain to and govern the design,
21 construction, erection, alteration, modification, repair, and
22 demolition of public and private buildings, structures, and
23 facilities and the enforcement of such firesafety laws and
24 rules.
25 (2) The department shall adopt the National Fire
26 Protection Association's Standard 1, Fire Prevention Code.
27 The department shall adopt the Life Safety Code, Pamphlet 101,
28 current editions, by reference. The department may modify the
29 selected codes and standards as needed to accommodate the
30 specific needs of the state. Standards or criteria in the
31 selected codes shall be similarly incorporated by reference.
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1 The department shall incorporate within sections of the
2 Florida Fire Prevention Code provisions that address uniform
3 fire safety standards as established in s. 633.022. The
4 department shall incorporate within sections of the Florida
5 Fire Prevention Code provisions addressing regional and local
6 concerns and variations.
7 (3) Any local amendment to the Florida Fire Prevention
8 Code adopted by a local government shall be effective only
9 until the adoption by the department of the new edition of the
10 Florida Fire Prevention Code, which shall be every third year.
11 At such time, the department shall adopt such amendment as
12 part of the Florida Fire Prevention Code or rescind the
13 amendment. The department shall immediately notify the
14 respective local government of the rescission of the
15 amendment. After receiving such notice, the respective local
16 government may readopt the rescinded amendment. Incorporation
17 of local amendments as regional and local concerns and
18 variations shall be considered as adoption of an amendment
19 pursuant to this part. Notwithstanding other state or local
20 building and construction code laws to the contrary, locally
21 adopted fire code requirements that were in existence on the
22 effective date of this section shall be deemed local
23 variations of the Florida Fire Prevention Code until the
24 department takes action to adopt or rescind such requirements
25 as provided herein and such action shall take place no later
26 than January 1, 2001.
27 (4) The department shall update, by rule adopted
28 pursuant to ss. 120.536(1) and 120.54, the Florida Fire
29 Prevention Code every 3 years. Once initially adopted and
30 subsequently updated by the department, the Florida Fire
31 Prevention Code and the Life Safety Code shall be adopted for
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1 use statewide without adoptions by local governments. When
2 updating the Florida Fire Prevention Code and the most recent
3 edition of the Life Safety Code, the department shall consider
4 changes made by the national model fire codes incorporated
5 into the Florida Fire Prevention Code, the department's own
6 interpretations, declaratory statements, appellate decisions,
7 and approved statewide and local technical amendments.
8 (5) The department may approve technical amendments
9 notwithstanding the 3-year update cycle of the Florida Fire
10 Prevention Code upon finding that a threat to life exists that
11 would warrant such action, subject to chapter 120.
12 (6) The Florida Fire Prevention Code does not apply
13 to, and no code enforcement action shall be brought with
14 respect to, zoning requirements or land use requirements.
15 Additionally, a local code enforcement agency may not
16 administer or enforce the Florida Fire Prevention Code to
17 prevent the siting of any publicly owned facility, including,
18 but not limited to, correctional facilities, juvenile justice
19 facilities, or state universities, community colleges, or
20 public education facilities. This section shall not be
21 construed to prohibit local government from imposing built-in
22 fire protection systems or fire-related infrastructure
23 requirements needed to properly protect the intended facility.
24 Section 58. Effective January 1, 2001, section
25 633.025, Florida Statutes, is amended to read:
26 633.025 Minimum firesafety standards.--
27 (1) The Florida Fire Prevention Code and the Life
28 Safety Code adopted by the Department of Insurance, Each
29 municipality, county, and special district with firesafety
30 responsibilities shall adopt minimum firesafety standards
31 which shall operate in conjunction with the Florida state
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1 minimum Building Code, shall be deemed adopted by each
2 municipality, county, and special district with firesafety
3 responsibilities such local jurisdiction as required by s.
4 553.73. The minimum firesafety codes standards shall not
5 apply to buildings and structures subject to the uniform
6 firesafety standards under s. 633.022 and buildings and
7 structures subject to the minimum firesafety standards adopted
8 pursuant to s. 394.879.
9 (2) Pursuant to subsection (1), each municipality,
10 county, and special district with firesafety responsibilities
11 shall adopt and enforce the Florida Fire Prevention Code and
12 the Life Safety Code codes specified in paragraph (a),
13 paragraph (b), paragraph (c), or paragraph (d) as the minimum
14 firesafety code required by this section:
15 (a) The Standard Fire Prevention Code, 1985 edition or
16 subsequent edition, as adopted by the Southern Building Code
17 Congress International.
18 (b) The EPCOT Fire Prevention Code.
19 (c) The National Fire Protection Association (NFPA)
20 Pamphlet 1, 1985 edition or subsequent edition.
21 (d) The South Florida Fire Prevention Code, subject to
22 the provisions of subsection (4).
23 (3) The most current edition of the In addition, each
24 municipality, county, and special district with firesafety
25 responsibilities shall adopt National Fire Protection
26 Association (NFPA) 101, Life Safety Code, adopted by the
27 Department of Insurance, shall be deemed to be adopted by each
28 municipality, county, and special district with firesafety
29 responsibilities , 1985 edition or subsequent edition, as part
30 of the minimum firesafety code.
31
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1 (4) It is the intent of the Legislature that a South
2 Florida Fire Prevention Code be promulgated as a further
3 option to counties, municipalities, and special districts with
4 firesafety responsibilities as an alternative to the
5 firesafety codes specified in paragraphs (2)(a), (b), and (c).
6 In the event that an appropriate South Florida Fire Prevention
7 Code is submitted by the Broward County Board of Rules and
8 Appeals or the Dade County Board of Rules and Appeals to the
9 Legislature by March 1, 1988, such code or codes shall be
10 deemed to be an alternative to the firesafety codes specified
11 in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless
12 the Legislature expressly prohibits the use of such code.
13 Until July 1, 1988, Dade and Broward Counties may use the
14 firesafety standards within their current Fire Prevention Code
15 as an alternative. In the event Dade or Broward County fails
16 to adopt a South Florida Fire Prevention Code as of July 1,
17 1988, then such county shall be subject to subsections (2),
18 (3), and (6).
19 (4)(5) Such codes shall be minimum codes and a
20 municipality, county, or special district with firesafety
21 responsibilities may adopt more stringent firesafety
22 standards, subject to the requirements of this subsection.
23 Such county, municipality, or special district may establish
24 alternative requirements to those requirements which are
25 required under the minimum firesafety standards on a
26 case-by-case basis, in order to meet special situations
27 arising from historic, geographic, or unusual conditions, if
28 the alternative requirements result in a level of protection
29 to life, safety, or property equal to or greater than the
30 applicable minimum firesafety standards. For the purpose of
31 this subsection, the term "historic" means that the building
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1 or structure is listed on the National Register of Historic
2 Places of the United States Department of the Interior.
3 (a) The local governing body shall determine,
4 following a public hearing which has been advertised in a
5 newspaper of general circulation at least 10 days before the
6 hearing, if there is a need to strengthen the requirements of
7 the minimum firesafety code adopted by such governing body.
8 The determination must be based upon a review of local
9 conditions by the local governing body, which review
10 demonstrates that local conditions justify more stringent
11 requirements than those specified in the minimum firesafety
12 code for the protection of life and property or justify
13 requirements that meet special situations arising from
14 historic, geographic, or unusual conditions.
15 (b) Such additional requirements shall not be
16 discriminatory as to materials, products, or construction
17 techniques of demonstrated capabilities.
18 (c) Paragraphs (a) and (b) apply solely to the local
19 enforcing agency's adoption of requirements more stringent
20 than those specified in the Florida Fire Prevention Code and
21 the Life Safety Code that have the effect of amending building
22 construction standards. Upon request, the enforcing agency
23 shall provide a person making application for a building
24 permit, or any state agency or board with construction-related
25 regulation responsibilities, a listing of all such
26 requirements and codes.
27 (d) A local government which adopts amendments to the
28 minimum firesafety code must provide a procedure by which the
29 validity of such amendments may be challenged by any
30 substantially affected party to test the amendment's
31 compliance with the provisions of this section.
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1 1. Unless the local government agrees to stay
2 enforcement of the amendment, or other good cause is shown,
3 the challenging party shall be entitled to a hearing on the
4 challenge within 45 days.
5 2. For purposes of such challenge, the burden of proof
6 shall be on the challenging party, but the amendment shall not
7 be presumed to be valid or invalid.
8
9 A substantially affected party may appeal, to the Department
10 of Insurance, the local government's resolution of the
11 challenge and the department shall determine if the amendment
12 complies with this section. Actions of the department are
13 subject to s. 120.68. The department shall consider reports of
14 the Florida Building Commission, pursuant to part VII of
15 chapter 533, when evaluating building code enforcement.
16 (6) The minimum firesafety standards that counties,
17 municipalities, and special districts are required to adopt
18 pursuant to this section shall be adopted by January 1, 1988.
19 No municipality or county or special district shall be
20 required to amend an ordinance which presently complies with
21 this section. In the event that any such local governmental
22 entity fails to adopt minimum firesafety standards by January
23 1, 1988, the minimum firesafety standards shall consist of the
24 Standard Fire Prevention Code, 1985 edition, and National Fire
25 Protection Association (NFPA) 101, Life Safety Code, 1985
26 edition.
27 (5)(7) The new building or structure provisions
28 enumerated within the firesafety code adopted pursuant to this
29 section shall apply only to buildings or structures for which
30 the building permit is issued on or after the effective date
31 of this act January 1, 1988. Subject to the provisions of
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1 subsection (6) (8), the existing building or structure
2 provisions enumerated within the firesafety code adopted
3 pursuant to this section shall apply to buildings or
4 structures for which the building permit was issued or the
5 building or structure was constructed prior to the effective
6 date of this act January 1, 1988.
7 (6)(8) With regard to existing buildings, the
8 Legislature recognizes that it is not always practical to
9 apply any or all of the provisions of the minimum firesafety
10 code and that physical limitations may require
11 disproportionate effort or expense with little increase in
12 lifesafety. Prior to applying the minimum firesafety code to
13 an existing building, the local fire official shall determine
14 that a threat to lifesafety or property exists. If a threat to
15 lifesafety or property exists, the fire official shall apply
16 the applicable firesafety code for existing buildings to the
17 extent practical to assure a reasonable degree of lifesafety
18 and safety of property or the fire official shall fashion a
19 reasonable alternative which affords an equivalent degree of
20 lifesafety and safety of property. The decision of the local
21 fire official may be appealed to the local administrative
22 board described in s. 553.73.
23 (7)(9) Nothing herein shall preclude a municipality,
24 county, or special district from requiring a structure to be
25 maintained in accordance with the applicable firesafety code.
26 (10) With respect to standards established by the
27 National Fire Protection Association (NFPA) 101, Life Safety
28 Code, 1985 edition, s. 19-3.4.2.1, those standards shall not
29 apply to structures having direct access to the outside from
30 each living unit and having three stories or less.
31
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1 (8)(11) With respect to standards established by the
2 National Fire Protection Association (NFPA) 101, Life Safety
3 Code, 1985 edition, s. 19-3.4.4.1, Battery operated smoke
4 detectors shall be considered as an approved detection device
5 for residential buildings having direct access to the outside
6 from each living unit and having three stories or less.
7 (9) The provisions of the Life Safety Code shall not
8 apply to newly constructed one-family and two-family
9 dwellings. However, fire sprinkler protection may be
10 permitted by local government in lieu of other fire protection
11 related development requirements in such structures.
12 Section 59. Paragraph (a) of subsection (1) of section
13 633.085, Florida Statutes, is amended to read:
14 633.085 Inspections of state buildings and premises;
15 tests of firesafety equipment; building plans to be
16 approved.--
17 (1)(a) It is the duty of the State Fire Marshal and
18 her or his agents to inspect, or cause to be inspected, each
19 state-owned or state-leased building on a recurring basis
20 established by rule, and to ensure that high-hazard
21 occupancies are inspected at least annually, for the purpose
22 of ascertaining and causing to be corrected any conditions
23 liable to cause fire or endanger life from fire and any
24 violation of the firesafety standards for state-owned and
25 state-leased buildings, the provisions of this chapter, or the
26 rules or regulations adopted and promulgated pursuant hereto.
27 The State Fire Marshal shall, within 7 days following an
28 inspection, submit a report of such inspection to the head of
29 the department of state government responsible for the
30 building.
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1 Section 60. Subsection (1) of section 633.72, Florida
2 Statutes, is amended to read:
3 633.72 Florida Fire Code Advisory Council.--
4 (1) There is created within the department the Florida
5 Fire Code Advisory Council with seven members appointed by the
6 State Fire Marshal. The council, in cooperation with the
7 Florida Building Commission, shall advise and recommend to the
8 State Fire Marshal and, where appropriate, for further
9 recommendation to the Legislature changes in and
10 interpretation of the firesafety codes that have the effect of
11 conflicting with building construction standards that are
12 adopted pursuant to s. 633.0215 ss. 633.022 and 633.025. The
13 members of the council shall represent the following groups
14 and professions:
15 (a) One member shall be the State Fire Marshal, or his
16 or her designated appointee who shall be an administrative
17 employee of the marshal;
18 (b) One member shall be an administrative officer from
19 a fire department representing a municipality or a county
20 selected from a list of persons submitted by the Florida Fire
21 Chiefs Association;
22 (c) One member shall be an architect licensed in the
23 state selected from a list of persons submitted by the Florida
24 Association/American Institute of Architects;
25 (d) One member shall be a structural engineer
26 registered to practice in the state selected from a list of
27 persons submitted by the Florida Engineering Society;
28 (e) One member shall be an administrative officer from
29 a building department of a county or municipality selected
30 from a list of persons submitted by the Building Officials
31 Association of Florida;
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1 (f) One member shall be a contractor licensed in the
2 state selected from a list submitted by the Florida Home
3 Builders Association; and
4 (g) One member shall be representative of the general
5 public.
6 (h) The administrative staff of the State Fire Marshal
7 shall attend meetings of the Florida Building Commission and
8 coordinate efforts to provide consistency between the Florida
9 Building Code and the Florida Fire Prevention Code and the
10 Life Safety Code.
11
12 The council and Florida Building Commission shall cooperate
13 through joint representation and staff coordination.
14 Section 61. (1) Before the 2000 Regular Session of
15 the Legislature, the Florida Building Commission shall submit
16 to the Legislature, for review and approval or rejection, the
17 Florida Building Code adopted by the commission and shall
18 prepare list of recommendations of revisions to the Florida
19 Statutes necessitated by adoption of the Florida Building Code
20 if the Legislature approves the Florida Building Code.
21 (2) Upon approval of the Florida Building Code by the
22 Legislature, all existing local technical amendments to any
23 building code adopted by any local government are repealed.
24 Each local government may readopt such amendments pursuant to
25 s. 553.73, Florida Statutes, provided such amendments comply
26 with applicable provisions of the Florida Building Code.
27 Section 62. The Legislature recognizes that
28 maintaining public school buildings is a costly endeavor. The
29 Legislature further recognizes that retroactively enforcing
30 the prescriptive codes currently applied to existing public
31 schools is not always cost effective. It is the intent of the
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1 Legislature to establish performance-based criteria for the
2 cost-effective application of codes and code alternatives for
3 existing educational facilities. Therefore, the Legislature
4 directs the State Fire Marshal, the Florida Building
5 Commission, and the Commissioner of Education to appoint a
6 select committee to consider the development of a Public
7 School Facility Fire Safety Evaluation Performance Code for
8 existing educational facilities. The State Fire Marshal, or
9 his or her appointee, shall be represented on this committee.
10 The State Fire Marshal shall appoint a representative of the
11 Florida Fire Chief's Association, a representative of the
12 Florida Fire Marshal's Association, a representative versed
13 and experienced in the delivery of educational programs to
14 fire service inspectors, and a representative of the fire
15 protection industry. The Commissioner of Education, or his or
16 her representative shall be represented on the select
17 committee. The Commissioner of Education shall appoint a
18 representative of the School Boards' Association, a
19 representative of the Florida Educational Facility Planners
20 Association, a representative of the Division of Educational
21 Facilities, and an architect experienced in school
22 construction. The State Fire Marshal and the Commissioner of
23 Education shall consider recommendations of the associations
24 described in this section when making appointments. The Select
25 Committee shall conduct its first meeting at the call of the
26 State Fire Marshal. The committee shall elect its chair, vice
27 chair, and recording secretary at its first meeting and shall
28 then meet at the call of the chair. The committee shall
29 consider the work of the Center for Fire Research, the
30 National Institute of Science and Technology, and the
31 alternative code solutions published by the National Fire
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1 Protection Association when considering the establishment of a
2 performance-based fire safety code for existing educational
3 facilities. The report to the Legislature shall consider the
4 feasibility of and recommendations relating to establishing
5 such a performance-based code. If the recommendation is
6 affirmative, the report shall include roles and
7 responsibilities necessary to develop and maintain the code,
8 as well as a plan to deliver educational programs on applying
9 the performance-based code to those charged with its
10 enforcement. Members of the committee shall serve at their own
11 expense except that state employees shall be reimbursed for
12 travel costs incurred from existing budget sources. The
13 Department of Education shall be responsible for printing
14 costs of the final report, from existing budget sources. The
15 select committee shall report the results of its study to the
16 Legislature no later than October 31, 1998.
17 Section 63. The Department of Management Services is
18 directed to initiate a pilot project to evaluate the costs and
19 benefits of installing an ozonation water treatment system for
20 a cooling tower in a state building. An appropriate building
21 project shall be selected, the ozonation equipment installed,
22 the performance data of the system collected and compiled, and
23 the Department of Management Services shall report back to the
24 Legislature no later than March 1, 2000. Such findings shall
25 provide the basis for determining a life-cycle cost analysis
26 that can be used in future building projects. If the
27 Department of Management Services is unable to meet the
28 deadline because of unforeseen fiscal or technical
29 complications, the department shall provide the information to
30 the Legislature as soon as possible after such date.
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1 Section 64. Paragraph (f) of subsection (2) of section
2 471.003, Florida Statutes, section 489.539, Florida Statutes,
3 and subsection (5) of section 553.73, Florida Statutes, are
4 repealed.
5 Section 65. Effective January 1, 1999, section
6 489.120, Florida Statutes, is repealed.
7 Section 66. Effective January 1, 2001, paragraph (d)
8 of subsection (1) of section 489.129, Florida Statutes, is
9 repealed.
10 Section 67. Effective upon the approval by the
11 Legislature of the adoption of the Florida Building Code by
12 the Florida Building Commission, parts I, II, and III of
13 chapter 553, Florida Statutes, consisting of sections 553.01,
14 553.02, 553.03, 553.04, 553.041, 553.05, 553.06, 553.07,
15 553.08, 553.10, 553.11, 553.14, 553.15, 553.16, 553.17,
16 553.18, 553.19, 553.20, 553.21, 553.22, 553.23, 553.24,
17 553.25, 553.26, 553.27, and 553.28, Florida Statutes, are
18 repealed and section 553.141, Florida Statutes, is transferred
19 and renumbered as section 553.86, Florida Statutes.
20 Section 68. (1) There is hereby appropriated to the
21 Department of Community affairs for fiscal year 1998-1999 the
22 sum of $2,090,000 from the department's Operating Trust Fund
23 to be used to support the selection, development, and adoption
24 of the Florida Building Code, to develop a statewide
25 evaluation and approval process for construction products and
26 materials, and to assist in the development of a statewide
27 system for reporting and tracking disciplinary actions taken
28 against contractors and design professionals by local
29 governments.
30 (2) The sum of $500,000 is hereby appropriated from
31 the Insurance Commissioner's Regulatory Trust Fund to the
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1 Florida Building Commission for fiscal year 1998-1999 for the
2 purpose of funding the development of core curriculum and
3 specialized and advanced modules of curriculum, as required
4 for the various building industry professions, by the Florida
5 Building Commission for implementation of the Florida Building
6 Code.
7 (3) The sum of $150,000 is hereby appropriated from
8 the Insurance Commissioner's Regulatory Trust Fund to the Fire
9 College Trust Fund for fiscal year 1998-1999 for the purpose
10 of funding the development of core curriculum and specialized
11 and advanced modules of curriculum in coordination with the
12 Florida Building Commission for implementation of the Florida
13 Building Code as it relates to fire safety.
14 (4) The sum of $250,000 is hereby appropriated from
15 the Insurance Commissioner's Regulatory Trust Fund to the
16 Florida Building Commission for fiscal year 1998-1999 for the
17 purpose of funding the construction of mobile demonstration
18 training models displaying state of the art techniques for
19 wind resistant construction to be used in the delivery of
20 training and public awareness displays for implementation of
21 the Florida Building Code.
22 Section 69. Except as otherwise provided in this act,
23 this act shall take effect July 1, 1998.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS for SB's 1190 and 868
3
4 The Committee Substitute for the Committee Substitute brings
the bill into conformance with various aspects of the
5 Administrative Procedures Act by correcting references to
appellate proceedings, rulemaking, and the issuance of
6 declaratory statements. The Committee Substitute for the
Committee Substitute also includes appropriations for the
7 Department of Community Affairs, the Florida Building
Commission, and the Fire College Trust Fund. Substantial
8 revisions are also made pertaining to the reactivation of
licenses for engineers who perform work pursuant to the
9 Florida Building Code. The fines that may be imposed for
violations of the code are revised to a minimum of $500 to a
10 maximum of $5,000. The standard of proof of clear and
convincing evidence to prove material violations of the code
11 is removed. The section on licensee accountability is revised
to define "material violation" of the code and to provide
12 procedures for a licensee to dispute the determination that a
violation has occurred. The Committee Substitute for the
13 Committee Substitute also exempts universities, community
colleges, and school districts from various provisions of the
14 code enabling these entities to perform their own code
inspections or to opt for inspections performed by the
15 appropriate local government.
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