Senate Bill sb0038Be1

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  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 553.415, F.S.; delaying the date

  4         for inclusion of the Uniform Code for Public

  5         Education Facilities in the Florida Building

  6         Code; providing an effective date for the

  7         Florida Building Code; amending s. 135 of ch.

  8         2000-141, Laws of Florida, and ss. 62(2) and 68

  9         of ch. 98-287, Laws of Florida, as amended;

10         delaying the amendment, repeal, and transfer

11         and renumbering of specified sections of the

12         Florida Statutes; amending s. 627.0629, F.S.;

13         delaying a deadline by which insurance

14         companies are required to make certain rate

15         filings; providing for the adoption of an

16         administrative rule; providing for the

17         treatment of permit applications submitted

18         before the effective date of the code;

19         requiring local jurisdictions to enact

20         ordinances establishing wind speed lines;

21         specifying the effective date of the

22         residential swimming pool safety requirements

23         of the Florida Building Code; providing an

24         effective date.

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26  Be It Enacted by the Legislature of the State of Florida:

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28         Section 1.  Subsections (1), (5), (8), and (11) of

29  section 553.415, Florida Statutes, are amended to read:

30         553.415  Factory-built school buildings.--

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  1         (1)  It is the purpose of this section to provide an

  2  alternative procedure for the construction and installation of

  3  factory-built school buildings designed or intended for use as

  4  school buildings.  As used in this section, the term

  5  "factory-built school building" means any building designed or

  6  intended for use as a school building, which is in whole or in

  7  part, manufactured at an offsite facility in compliance with

  8  the State Uniform Code for Public Educational Facilities and

  9  Department of Education rule, effective on January 5, 2000.

10  After March January 1, 2002, the Uniform Code for Public

11  Educational Facilities shall be incorporated into the Florida

12  Building Code, including specific requirements for Public

13  Educational Facilities and the Department of Education rule,

14  effective on January 5, 2000.  For the purpose of this

15  section, factory-built school buildings include prefabricated

16  educational facilities, factory-built educational facilities,

17  and modular-built educational facilities, that are designed to

18  be portable, relocatable, demountable, or reconstructible; are

19  used primarily as classrooms or the components of an entire

20  school; and do not fall under the provisions of ss.

21  320.822-320.862.

22         (5)  The department, in accordance with the standards

23  and procedures adopted pursuant to this section and as such

24  standards and procedures may thereafter be modified, shall

25  approve or reject such plans, specifications, and methods of

26  construction.  Approval shall not be given unless such plans,

27  specifications, and methods of construction are in compliance

28  with the State Uniform Building Code for Public Educational

29  Facilities and department rule. After March January 1, 2002,

30  the Uniform Code for Public Educational Facilities shall be

31  incorporated into the Florida Building Code, including


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  1  specific requirements for public educational facilities and

  2  department rule.

  3         (8)  Any amendment to the State Uniform Code for Public

  4  Educational Facilities, and after March January 1, 2002, the

  5  Florida Building Code, shall become effective 180 days after

  6  the amendment is filed with the Secretary of State.

  7  Notwithstanding the 180-day delayed effective date, the

  8  manufacturer shall submit and obtain a revised approved plan

  9  within the 180 days.  A revised plan submitted pursuant to

10  this subsection shall be processed as a renewal or revision

11  with appropriate fees. A plan submitted after the period of

12  time provided shall be processed as a new application with

13  appropriate fees.

14         (11)  The department shall develop a unique

15  identification label to be affixed to all newly constructed

16  factory-built school buildings and existing factory-built

17  school buildings which have been brought into compliance with

18  the standards for existing "satisfactory" buildings pursuant

19  to chapter 5 of the Uniform Code for Public Educational

20  Facilities, and after March January 1, 2002, the Florida

21  Building Code.  The department may charge a fee for issuing

22  such labels.  Such labels, bearing the department's name and

23  state seal, shall at a minimum, contain:

24         (a)  The name of the manufacturer.

25         (b)  The standard plan approval number or alteration

26  number.

27         (c)  The date of manufacture or alteration.

28         (d)  The serial or other identification number.

29         (e)  The following designed-for loads: lbs. per square

30  foot live load; lbs. per square foot floor live load; lbs. per

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  1  square foot horizontal wind load; and lbs. per square foot

  2  wind uplift load.

  3         (f)  The designed-for flood zone usage.

  4         (g)  The designed-for wind zone usage.

  5         (h)  The designed-for enhanced hurricane protection

  6  zone usage: yes or no.

  7         Section 2.  Notwithstanding any other provision in

  8  chapter 2001-186, Laws of Florida, the effective date of the

  9  following sections of chapter 2001-186, Laws of Florida, is

10  changed to March 1, 2002: sections 25, 26, and 27.

11         Section 3.  Notwithstanding any other provision in

12  chapter 2001-186, Laws of Florida, the effective date of the

13  following sections of chapter 2000-141, Laws of Florida, as

14  amended by chapter 2001-186, Laws of Florida, is changed to

15  March 1, 2002: sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13,

16  14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30,

17  32, 36, 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70,

18  71, 72, 75, 79, 81, 84, 86, 87, 88, 91, 92, 93, 94, and 99.

19         Section 4.  Notwithstanding any other provision in

20  chapter 2001-186, Laws of Florida, the effective date of the

21  following sections of chapter 98-287, Laws of Florida, as

22  amended by chapter 2000-141, Laws of Florida, as amended by

23  chapter 2001-186, Laws of Florida, is changed to March 1,

24  2002: sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21,

25  24, 29, 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56.

26         Section 5.  Notwithstanding any other provision in

27  chapter 2001-186, Laws of Florida, the effective date of

28  section 61 of chapter 98-419, Laws of Florida, as amended by

29  chapter 2000-141, Laws of Florida, as amended by chapter

30  2001-186, Laws of Florida, is changed to March 1, 2002.

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  1         Section 6.  Section 135 of chapter 2000-141, Laws of

  2  Florida, as amended by section 37 of chapter 2001-186, Laws of

  3  Florida, is amended to read:

  4         Section 135.  Effective March January 1, 2002

  5  subsection (2) of section 255.21, Florida Statutes, paragraphs

  6  (d) and (e) of subsection (1) of section 395.1055, Florida

  7  Statutes, and subsection (11) of section 553.79, Florida

  8  Statutes, are repealed.

  9         Section 7.  Subsection (2) of section 62 of chapter

10  98-287, Laws of Florida, as amended by section 107 of chapter

11  2000-141, Laws of Florida, as amended by section 38 of chapter

12  2001-186, Laws of Florida, is amended to read:

13         Section 62.

14         (2)  Effective March January 1, 2002, all existing

15  local technical amendments to any building code adopted by any

16  local government, except for local ordinances setting forth

17  administrative requirements which are not in conflict with the

18  Florida Building Code, are repealed. Each local government may

19  readopt such amendments pursuant to s. 553.73, Florida

20  Statutes, provided such amendments comply with applicable

21  provisions of the Florida Building Code.

22         Section 8.  Section 68 of chapter 98-287, Laws of

23  Florida, as amended by section 108 of chapter 2000-141, Laws

24  of Florida, as amended by section 39 of chapter 2001-186, Laws

25  of Florida, is amended to read:

26         Section 68.  Effective March January 1, 2002, parts I,

27  II, and III of chapter 553, Florida Statutes, consisting of

28  sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05,

29  553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,

30  553.16, 553.17, 553.18, 553.20, 553.21, 553.22, 553.23,

31  553.24, 553.25, 553.26. 553.27, and 553.28, Florida Statutes,


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  1  are repealed, section 553.141, Florida Statutes, is

  2  transferred and renumbered as section 553.86, Florida

  3  Statutes.

  4         Section 9.  Subsection (1) of section 627.0629, Florida

  5  Statutes, as amended by section 99 of chapter 2000-141, Laws

  6  of Florida, as amended by section 42 of chapter 2001-186, Laws

  7  of Florida, is amended to read:

  8         627.0629  Residential property insurance; rate

  9  filings.--

10         (1)  A rate filing for residential property insurance

11  must include actuarially reasonable discounts, credits, or

12  other rate differentials, or appropriate reductions in

13  deductibles, for properties on which fixtures or construction

14  techniques demonstrated to reduce the amount of loss in a

15  windstorm have been installed or implemented. The fixtures or

16  construction techniques shall include, but not be limited to,

17  fixtures or construction techniques which enhance roof

18  strength, roof covering performance, roof-to-wall strength,

19  wall-to-floor-to-foundation strength, opening protection, and

20  window, door, and skylight strength.  Credits, discounts, or

21  other rate differentials for fixtures and construction

22  techniques which meet the minimum requirements of the Florida

23  Building Code must be included in the rate filing. All

24  insurance companies must make a rate filing which includes the

25  credits, discounts, or other rate differentials by February

26  28, 2003 December 31, 2002.

27         Section 10.  Rule 9B-3.047, Florida Administrative

28  Code, as it existed before November 28, 2000, is adopted and

29  will remain in force until the effective date of the Florida

30  Building Code as established in this act.

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  1         Section 11.  Notwithstanding the effective date of

  2  section 25 of chapter 2001-186, Laws of Florida, any building

  3  permit for which an application is submitted before the

  4  effective date of the Florida Building Code is governed by the

  5  state minimum building code in effect in the permitting

  6  jurisdiction on the date of the application for the permitted

  7  work for the life of the permit and any extension of time

  8  granted thereto.

  9         Section 12.  Local jurisdictions bisected or otherwise

10  divided by a line separating wind speed zones, as determined

11  by the American Society of Civil Engineers, Standard 7, 1998

12  edition as implemented by the International Building Code,

13  2000 edition, and as modified by the Florida Building

14  Commission in the Florida Building Code that becomes effective

15  pursuant to this act, must by January 1, 2002, enact an

16  ordinance specifying the exact location of wind speed lines,

17  using recognized physical landmarks such as major roads,

18  canals, rivers, and lake shores, wherever possible.

19         Section 13.  The Florida Building Commission is

20  authorized to provide for uniform implementation of sections

21  515.25, 515.27, and 515.29, Florida Statutes, by including

22  standards and criteria in the Florida Building Code for

23  residential swimming pool barriers, pool covers, latching

24  devices, door and window exit alarms, and other equipment

25  required in those sections which are consistent with the

26  intent of section 515.23, Florida Statutes. Thus, the

27  residential swimming pool safety requirements of the Florida

28  Building Code, section 424.2, relating to private swimming

29  pools, of Rule 9B-3.047, Florida Administrative Code, as

30  adopted November 28, 2000, shall take effect January 1, 2002.

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    CS for SB 38-B                                 First Engrossed



  1         Section 14.  This act shall take effect upon becoming a

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