Senate Bill sb0520c1

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    Florida Senate - 2004            CS for SB 520 & CS for SB 494

    By the Committees on Comprehensive Planning; Regulated
    Industries; and Senators Constantine and Bennett




    316-2373-04

  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         creating s. 553.8414, F.S.; creating the

  4         Swimming Pool and Solar Technical Advisory

  5         Committee of the Florida Building Commission;

  6         providing for appointment and duties of

  7         committee members; amending s. 553.73, F.S.;

  8         providing code-amendment review requirements;

  9         conforming a cross-reference; amending s.

10         553.74, F.S.; revising the appointment of

11         members to the Florida Building Commission;

12         amending s. 553.77, F.S.; revising duties of

13         the Florida Building Commission; deleting

14         requirements that the commission hear certain

15         appeals and issue declaratory statements;

16         creating s. 553.775, F.S.; providing

17         legislative intent with respect to the

18         interpretation of the Florida Building Code;

19         providing for the commission to resolve

20         disputes regarding interpretations of the code;

21         requiring the commission to review decisions of

22         local building officials and local enforcement

23         agencies; providing for publication of an

24         interpretation on the Building code Information

25         System and in the Florida Administrative

26         Weekly; amending s. 553.79, F.S.; exempting

27         truss-placement plans from certain

28         requirements; amending s. 553.791, F.S.;

29         providing conditions for use of private plans

30         review and inspection; conforming

31         cross-references; amending s. 553.80, F.S.;

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 1         authorizing local governments to impose certain

 2         fees for code enforcement; providing

 3         requirements and limitations; requiring the

 4         commission to expedite adoption and

 5         implementation of the existing state building

 6         code as part of the Florida Building Code

 7         pursuant to limited procedures; conforming a

 8         cross-reference; amending s. 120.80, F.S.;

 9         authorizing the Florida Building Commission to

10         conduct proceedings to review decisions of

11         local officials; amending s. 553.841, F.S.;

12         revising Building Code Training Program

13         provisions; amending s. 553.8412, F.S.;

14         conforming a cross-reference; amending s.

15         553.842, F.S.; adding an evaluation entity to

16         the list of entities specifically approved by

17         the commission; suspending a Florida Building

18         Commission Rule relating to local product

19         approval; establishing a product approval

20         advisory committee to study the rule; requiring

21         a report; providing an effective date.

22  

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

24  

25         Section 1.  Section 553.8414, Florida Statutes, is

26  created to read:

27         553.8414  Swimming Pool and Solar Technical Advisory

28  Committee.--

29         (1)  The Florida Building Commission shall, on or

30  before July 1, 2004, establish the Swimming Pool and Solar

31  Technical Advisory Committee of the Florida Building

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    Florida Senate - 2004            CS for SB 520 & CS for SB 494
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 1  Commission and appoint members of the committee in the same

 2  manner as members are appointed to the commission's other

 3  technical advisory committees.  The Swimming Pool and Solar

 4  Technical Advisory Committee must consist of no fewer than ten

 5  persons who represent the swimming pool and solar construction

 6  industry.  The chairperson of the commission shall annually

 7  designate a commission member to serve as chairperson of the

 8  committee.  A committee member must be appointed for a 2-year

 9  term and may be reappointed at the discretion of the

10  commission.

11         (2)  The Swimming Pool and Solar Technical Advisory

12  Committee shall advise the commission on any matters relating

13  to Building Code standards for swimming pools and spas and

14  solar equipment.

15         Section 2.  Paragraphs (a) and (c) of subsection (4),

16  subsection (6), and paragraphs (a) and (c) of subsection (7)

17  of section 553.73, Florida Statutes, are amended to read:

18         553.73  Florida Building Code.--

19         (4)(a)  All entities authorized to enforce the Florida

20  Building Code pursuant to s. 553.80 shall comply with

21  applicable standards for issuance of mandatory certificates of

22  occupancy, minimum types of inspections, and procedures for

23  plans review and inspections as established by the commission

24  by rule. Notwithstanding any other provision of law, a local

25  government may issue an annual permit for construction

26  activity of the type and pursuant to the conditions

27  established within the Florida Building Code. Local

28  governments may adopt amendments to the administrative

29  provisions of the Florida Building Code, subject to the

30  limitations of this paragraph. Local amendments shall be more

31  stringent than the minimum standards described herein and

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 1  shall be transmitted to the commission within 30 days after

 2  enactment.  The local government shall make such amendments

 3  available to the general public in a usable format.  The State

 4  Fire Marshal is responsible for establishing the standards and

 5  procedures required in this paragraph for governmental

 6  entities with respect to applying the Florida Fire Prevention

 7  Code and the Life Safety Code.

 8         (c)  Any amendment adopted by a local enforcing agency

 9  pursuant to this subsection shall not apply to state or school

10  district owned buildings, manufactured buildings or

11  factory-built school buildings approved by the commission, or

12  prototype buildings approved pursuant to s. 553.77(3)(5). The

13  respective responsible entities shall consider the physical

14  performance parameters substantiating such amendments when

15  designing, specifying, and constructing such exempt buildings.

16         (6)(a)  The commission, by rule adopted pursuant to ss.

17  120.536(1) and 120.54, shall update the Florida Building Code

18  every 3 years. When updating the Florida Building Code, the

19  commission shall select the most current version of the

20  International Family of Codes to form the foundation of the

21  updated Florida Building Code, provided that the version has

22  been adopted by the International Code Congress and made

23  available to the public at least 6 months prior to its

24  selection by the commission.

25         (b)  The commission may modify the foundation code only

26  as needed to accommodate the specific needs of this state.

27  Standards or criteria referenced by the foundation code shall

28  be incorporated by reference. If a reference standard or

29  criterion requires an amplification or modification to be

30  appropriate for use in this state, only the amplification or

31  modification shall be specifically set forth in the Florida

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    Florida Senate - 2004            CS for SB 520 & CS for SB 494
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 1  Building Code. The commission may approve technical amendments

 2  to the updated code after the amendments have been subject to

 3  the conditions set forth in paragraphs (3)(a)-(d). consider

 4  changes made by the adopting entity of any selected model code

 5  for any model code incorporated into the Florida Building

 6  Code, and may subsequently adopt the new edition or successor

 7  of the model code or any part of such code, no sooner than 6

 8  months after such model code has been adopted by the adopting

 9  organization, which may then be modified for this state as

10  provided in this section, and

11         (c)  The commission shall further consider the

12  commission's own interpretations, declaratory statements,

13  appellate decisions, and approved statewide and local

14  technical amendments and shall incorporate such

15  interpretations, statements, decisions, and amendments into

16  the updated Florida Building Code only to the extent that they

17  are necessary to modify the foundation code to accommodate the

18  specific needs of this state. A change made by an institute or

19  standards organization to any standard or criterion that is

20  adopted by reference in the Florida Building Code does not

21  become effective statewide until it has been adopted by the

22  commission. Furthermore, the edition of the Florida Building

23  Code which is in effect on the date of application for any

24  permit authorized by the code governs the permitted work for

25  the life of the permit and any extension granted to the

26  permit.

27         (d)  A rule updating the Florida Building Code in

28  accordance with this paragraph shall become effective no

29  sooner than 6 months after completion of the rule adoption

30  process. Any amendment to the Florida Building Code which is

31  adopted upon a finding by the commission that the amendment is

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 1  necessary to protect the public from immediate threat of harm

 2  takes effect immediately.

 3         (7)(a)  The commission may approve technical amendments

 4  to the Florida Building Code once each year for statewide or

 5  regional application upon a finding that the amendment

 6  conforms to the following:

 7         1.  Is necessary to provide for Has a reasonable and

 8  substantial connection with the health, safety, and welfare of

 9  the general public.

10         2.  Strengthens or improves the Florida Building Code,

11  or in the case of innovation or new technology, will provide

12  equivalent or better products or methods or systems of

13  construction.

14         3.  Does not discriminate against materials, products,

15  methods, or systems of construction of demonstrated

16  capabilities.

17         4.  Does not degrade the effectiveness of the Florida

18  Building Code.

19  

20  Furthermore, the Florida Building Commission may approve

21  technical amendments to the code once each year to incorporate

22  into the Florida Building Code its own interpretations of the

23  code which are embodied in its opinions, final orders, and

24  declaratory statements, and interpretations of hearing officer

25  panels under s. 553.775(3)(c). Amendments approved under this

26  paragraph shall be adopted by rule pursuant to ss. 120.536(1)

27  and 120.54, after the amendments have been subjected to the

28  provisions of subsection (3).

29         (c)  The commission may not consider approve any

30  proposed amendment that does not accurately and completely

31  address all requirements for amendment which are set forth in

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 1  this section. The commission shall require all proposed

 2  amendments and information submitted with proposed amendments

 3  to be reviewed by commission staff prior to consideration by

 4  any technical advisory committee. These reviews shall be for

 5  sufficiency only and are not intended to be qualitative in

 6  nature. Staff members shall reject any proposed amendment that

 7  fails to include a fiscal impact statement providing

 8  information responsive to all criteria identified. Proposed

 9  amendments rejected by members of the staff may not be

10  considered by the commission or any technical advisory

11  committee.

12         Section 3.  Subsection (1) of section 553.74, Florida

13  Statutes, is amended to read:

14         553.74  Florida Building Commission.--

15         (1)  The Florida Building Commission is created and

16  shall be located within the Department of Community Affairs

17  for administrative purposes. Members shall be appointed by the

18  Governor subject to confirmation by the Senate. The Governor

19  shall appoint commission members from lists of candidates

20  submitted by the respective professional organizations or may

21  appoint any other person otherwise qualified according to this

22  section. The commission shall be composed of 23 members,

23  consisting of the following:

24         (a)  One architect registered to practice in this state

25  and actively engaged in the profession from a list of three

26  candidates provided by the American Institute of Architecture,

27  Florida Section.

28         (b)  One structural engineer registered to practice in

29  this state and actively engaged in the profession from a list

30  of three candidates provided by the Florida Engineering

31  Society.

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 1         (c)  One air-conditioning or mechanical contractor

 2  certified to do business in this state and actively engaged in

 3  the profession from a list of three candidates provided by the

 4  Florida Air Conditioning Contractors Association and the

 5  Florida Refrigeration and Air Conditioning Contractors

 6  Association.

 7         (d)  One electrical contractor certified to do business

 8  in this state and actively engaged in the profession from a

 9  list of three candidates provided by the Florida Association

10  of Electrical Contractors.

11         (e)  One member from fire protection engineering or

12  technology who is actively engaged in the profession from a

13  list of three candidates provided by the Florida Fire

14  Protection Engineers Society, the Fire Marshals and Inspectors

15  Association, and the Florida Fire Chiefs Association.

16         (f)  One general contractor certified to do business in

17  this state and actively engaged in the profession from a list

18  of three candidates provided by the Associated Builders and

19  Contractors of Florida and the Florida Associated General

20  Contractors Council.

21         (g)  One plumbing contractor licensed to do business in

22  this state and actively engaged in the profession from a list

23  of three candidates provided by the Florida Association of

24  Plumbing, Heating, and Cooling Contractors.

25         (h)  One roofing or sheet metal contractor certified to

26  do business in this state and actively engaged in the

27  profession from a list of three candidates provided by the

28  Florida Roofing, Sheet Metal, and Air Conditioning Contractors

29  Association.

30         (i)  One residential contractor licensed to do business

31  in this state and actively engaged in the profession from a

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 1  list of three candidates provided by the Florida Home Builders

 2  Association.

 3         (j)  Three members who are municipal or district codes

 4  enforcement officials, two of whom shall be from a list of

 5  four candidates provided by the Building Officials Association

 6  of Florida and one of whom is also a fire official from a list

 7  of three candidates provided by the Florida Fire Marshals and

 8  Inspectors Association.

 9         (k)  One member who represents the Department of

10  Financial Services.

11         (l)  One member who is a county codes enforcement

12  official from a list of three candidates provided by the

13  Building Officials Association of Florida.

14         (m)  One member of a Florida-based organization of

15  persons with disabilities or a nationally chartered

16  organization of persons with disabilities with chapters in

17  this state.

18         (n)  One member of the manufactured buildings industry

19  who is licensed to do business in this state and is actively

20  engaged in the industry from a list of three candidates

21  provided by the Florida Manufactured Housing Association.

22         (o)  One mechanical or electrical engineer registered

23  to practice in this state and actively engaged in the

24  profession from a list of three candidates provided by the

25  Florida Engineering Society.

26         (p)  One member who is a representative of a

27  municipality or a charter county from a list of three

28  candidates provided by the Florida League of Cities and the

29  Florida Association of Counties.

30         (q)  One member of the building products manufacturing

31  industry who is authorized to do business in this state and is

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 1  actively engaged in the industry from a list of three

 2  candidates provided by the Florida Building Materials

 3  Association, the Florida Concrete and Products Association,

 4  and the Fenestration Manufacturers Association.

 5         (r)  One member who is a representative of the building

 6  owners and managers industry who is actively engaged in

 7  commercial building ownership or management from a list of

 8  three candidates provided by the Building Owners and Managers

 9  Association.

10         (s)  One member who is a representative of the

11  insurance industry from a list of three candidates provided by

12  the Florida Insurance Council.

13         (t)  One member who is a representative of public

14  education.

15         (u)  One member who shall be the chair.

16  

17  Any person serving on the commission under paragraph (c) or

18  paragraph (h) on October 1, 2004 2003, and who has served less

19  than two full terms is eligible for reappointment to the

20  commission regardless of whether he or she meets the new

21  qualification.

22         Section 4.  Section 553.77, Florida Statutes, is

23  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 or

27  amendments thereto, pursuant to ss. 120.536(1) and 120.54.

28         (b)  Make a continual study of the operation of the

29  Florida Building Code and other laws relating to the design,

30  construction, erection, alteration, modification, repair, or

31  demolition of public or private buildings, structures, and

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 1  facilities, including manufactured buildings, and code

 2  enforcement, to ascertain their effect upon the cost of

 3  building construction and determine the effectiveness of their

 4  provisions. Upon updating the Florida Building Code every 3

 5  years, the commission shall review existing provisions of law

 6  and make recommendations to the Legislature for the next

 7  regular session of the Legislature regarding provisions of law

 8  that should be revised or repealed to ensure consistency with

 9  the Florida Building Code at the point the update goes into

10  effect. State agencies and local jurisdictions shall provide

11  such information as requested by the commission for evaluation

12  of and recommendations for improving the effectiveness of the

13  system of building code laws for reporting to the Legislature

14  annually. Failure to comply with this or other requirements of

15  this act must be reported to the Legislature for further

16  action. Any proposed legislation providing for the revision or

17  repeal of existing laws and rules relating to technical

18  requirements applicable to building structures or facilities

19  should expressly state that such legislation is not intended

20  to imply any repeal or sunset of existing general or special

21  laws governing any special district that are not specifically

22  identified in the legislation.

23         (c)  Upon written application by any substantially

24  affected person or a local enforcement agency, issue

25  declaratory statements pursuant to s. 120.565 relating to new

26  technologies, techniques, and materials which have been tested

27  where necessary and found to meet the objectives of the

28  Florida Building Code. This paragraph does not apply to the

29  types of products, materials, devices, or methods of

30  construction required to be approved under paragraph (f) (i).

31  

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 1         (d)  Upon written application by any substantially

 2  affected person, state agency, or a local enforcement agency,

 3  issue declaratory statements pursuant to s. 120.565 relating

 4  to the enforcement or administration by local governments of

 5  the Florida Building Code. Paragraph (h) provides the

 6  exclusive remedy for addressing local interpretations of the

 7  code.

 8         (e)  When requested in writing by any substantially

 9  affected person, state agency, or a local enforcing agency,

10  shall issue declaratory statements pursuant to s. 120.565

11  relating to this part and ss. 515.25, 515.27, 515.29, and

12  515.37.  Actions of the commission are subject to judicial

13  review pursuant to s. 120.68.

14         (d)(f)  Make recommendations to, and provide assistance

15  upon the request of, the Florida Commission on Human Relations

16  regarding rules relating to accessibility for persons with

17  disabilities.

18         (e)(g)  Participate with the Florida Fire Code Advisory

19  Council created under s. 633.72, to provide assistance and

20  recommendations relating to firesafety code interpretations.

21  The administrative staff of the commission shall attend

22  meetings of the Florida Fire Code Advisory Council and

23  coordinate efforts to provide consistency between the Florida

24  Building Code and the Florida Fire Prevention Code and the

25  Life Safety Code.

26         (h)  Hear appeals of the decisions of local boards of

27  appeal regarding interpretation decisions of local building

28  officials, or if no local board exists, hear appeals of

29  decisions of the building officials regarding interpretations

30  of the code.  For such appeals:

31  

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 1         1.  Local decisions declaring structures to be unsafe

 2  and subject to repair or demolition shall not be appealable to

 3  the commission if the local governing body finds there is an

 4  immediate danger to the health and safety of its citizens.

 5         2.  All appeals shall be heard in the county of the

 6  jurisdiction defending the appeal.

 7         3.  Hearings shall be conducted pursuant to chapter 120

 8  and the uniform rules of procedure, and decisions of the

 9  commission are subject to judicial review pursuant to s.

10  120.68.

11         (f)(i)  Determine the types of products which may be

12  approved by the commission requiring approval for local or

13  statewide use and shall provide for the evaluation and

14  approval of such products, materials, devices, and method of

15  construction for statewide use. The commission may prescribe

16  by rule a schedule of reasonable fees to provide for

17  evaluation and approval of products, materials, devices, and

18  methods of construction. Evaluation and approval shall be by

19  action of the commission or delegated pursuant to s. 553.842.

20  This paragraph does not apply to products approved by the

21  State Fire Marshal.

22         (g)(j)  Appoint experts, consultants, technical

23  advisers, and advisory committees for assistance and

24  recommendations relating to the major areas addressed in the

25  Florida Building Code.

26         (h)(k)  Establish and maintain a mutual aid program,

27  organized through the department, to provide an efficient

28  supply of various levels of code enforcement personnel, design

29  professionals, commercial property owners, and construction

30  industry individuals, to assist in the rebuilding effort in an

31  

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 1  area which has been hit with disaster.  The program shall

 2  include provisions for:

 3         1.  Minimum postdisaster structural, electrical, and

 4  plumbing inspections and procedures.

 5         2.  Emergency permitting and inspection procedures.

 6         3.  Establishing contact with emergency management

 7  personnel and other state and federal agencies.

 8         (i)(l)  Maintain a list of interested parties for

 9  noticing rulemaking workshops and hearings, disseminating

10  information on code adoption, revisions, amendments, and all

11  other such actions which are the responsibility of the

12  commission.

13         (j)(m)  Coordinate with the state and local

14  governments, industry, and other affected stakeholders in the

15  examination of legislative provisions and make recommendations

16  to fulfill the responsibility to develop a consistent, single

17  code.

18         (k)(n)  Provide technical assistance to local building

19  departments in order to implement policies, procedures, and

20  practices which would produce the most cost-effective property

21  insurance ratings.

22         (l)(o)  Develop recommendations for local governments

23  to use when pursuing partial or full privatization of building

24  department functions. The recommendations shall include, but

25  not be limited to, provisions relating to equivalency of

26  service, conflict of interest, requirements for competency,

27  liability, insurance, and long-term accountability.

28         (2)  Upon written application by any substantially

29  affected person, the commission shall issue a declaratory

30  statement pursuant to s. 120.565 relating to a state agency's

31  interpretation and enforcement of the specific provisions of

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 1  the Florida Building Code the agency is authorized to enforce.

 2  The provisions of this subsection shall not be construed to

 3  provide any powers, other than advisory, to the commission

 4  with respect to any decision of the State Fire Marshal made

 5  pursuant to the provisions of chapter 633.

 6         (3)  The commission may designate a commission member

 7  with demonstrated expertise in interpreting building plans to

 8  attend each meeting of the advisory council created in s.

 9  553.512.  The commission member may vary from meeting to

10  meeting, shall serve on the council in a nonvoting capacity,

11  and shall receive per diem and expenses as provided in s.

12  553.74(3).

13         (2)(4)  For educational and public information

14  purposes, the commission shall develop and publish an

15  informational and explanatory document which contains

16  descriptions of the roles and responsibilities of the licensed

17  design professional, residential designer, contractor, and

18  local building and fire code officials. The State Fire Marshal

19  shall be responsible for developing and specifying roles and

20  responsibilities for fire code officials. Such document may

21  also contain descriptions of roles and responsibilities of

22  other participants involved in the building codes system.

23         (3)(5)  The commission may provide by rule for plans

24  review and approval of prototype buildings owned by public and

25  private entities to be replicated throughout the state. The

26  rule must allow for review and approval of plans for prototype

27  buildings to be performed by a public or private entity with

28  oversight by the commission. The department may charge

29  reasonable fees to cover the administrative costs of the

30  program. Such approved plans or prototype buildings shall be

31  exempt from further review required by s. 553.79(2), except

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 1  changes to the prototype design, site plans, and other

 2  site-related items. As provided in s. 553.73, prototype

 3  buildings are exempt from any locally adopted amendment to any

 4  part of the Florida Building Code. Construction or erection of

 5  such prototype buildings is subject to local permitting and

 6  inspections pursuant to this part.

 7         (4)(6)  The commission may produce and distribute a

 8  commentary document to accompany the Florida Building Code.

 9  The commentary must be limited in effect to providing

10  technical assistance and must not have the effect of binding

11  interpretations of the code document itself.

12         (7)  The commission shall by rule establish an informal

13  process of rendering nonbinding interpretations of the Florida

14  Building Code.  The commission is specifically authorized to

15  refer interpretive issues to organizations that represent

16  those engaged in the construction industry.  The commission is

17  directed to immediately implement the process prior to the

18  completion of formal rulemaking.  It is the intent of the

19  Legislature that the commission create a process to refer

20  questions to a small, rotating group of individuals licensed

21  under part XII of chapter 468, to which a party can pose

22  questions regarding the interpretation of code provisions.  It

23  is the intent of the Legislature that the process provide for

24  the expeditious resolution of the issues presented and

25  publication of the resulting interpretation on the Building

26  Code Information System.  Such interpretations are to be

27  advisory only and nonbinding on the parties or the commission.

28         Section 5.  Section 553.775, Florida Statutes, is

29  created to read:

30         553.775  Interpretations.--

31  

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 1         (1)  It is the intent of the Legislature that the

 2  Florida Building Code be interpreted by building officials,

 3  local enforcement agencies, and the commission in a manner

 4  that protects the public safety, health, and welfare at the

 5  most reasonable cost to the consumer by ensuring uniform

 6  interpretations throughout the state and by providing

 7  processes for resolving disputes regarding interpretations of

 8  the Florida Building Code which are just and expeditious.

 9         (2)  Local enforcement agencies, local building

10  officials, state agencies, and the commission shall interpret

11  provisions of the Florida Building Code in a manner that is

12  consistent with declaratory statements and interpretations

13  entered by the commission, except that conflicts between the

14  Florida Fire Prevention Code and the Florida Building Code

15  shall be resolved in accordance with s. 553.73(9)(c) and (d).

16         (3)  The following procedures may be invoked regarding

17  interpretations of the Florida Building Code:

18         (a)  Upon written application by any substantially

19  affected person, state agency or by a local enforcement

20  agency, the commission shall issue declaratory statements

21  pursuant to s. 120.565 relating to the enforcement or

22  administration by local governments of the Florida Building

23  Code.

24         (b)  When requested in writing by any substantially

25  affected person, state agency or by a local enforcement

26  agency, the commission shall issue a declaratory statement

27  pursuant to s. 120.565 relating to this part and ss. 515.25,

28  515.27, 515.29, and 515.37. Actions of the commission are

29  subject to judicial review under s. 120.68.

30         (c)  The commission shall review decisions of local

31  building officials and local enforcement agencies regarding

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 1  interpretations of the Florida Building Code after the local

 2  board of appeals has considered the decision, if such board

 3  exists and if the board-of-appeals process is concluded within

 4  10 business days.

 5         1.  The commission shall coordinate with the Building

 6  Officials Association of Florida, Inc., to designate panels

 7  composed of five members to hear requests to review decisions

 8  of local building officials. The members must be licensed as

 9  building code administrators under part XII of chapter 468 and

10  must have experience interpreting and enforcing provisions of

11  the Florida Building Code.

12         2.  Requests to review a decision of a local building

13  official interpreting provisions of the Florida Building Code

14  may be initiated by any substantially affected person,

15  including an owner or builder subject to a decision of a local

16  building official, or an association of owners or builders

17  with members who are subject to a decision of a local building

18  official. In order to initiate review, the substantially

19  affected person must file a petition with the commission. The

20  commission shall adopt a form for the petition, which shall be

21  published on the Building Code Information System. The form

22  shall, at a minimum, require the following:

23         a.  The name and address of the county or municipality

24  in which provisions of the Florida Building Code are being

25  interpreted.

26         b.  The name and address of the local building official

27  who has made the interpretation being appealed.

28         c.  The name, address, and telephone number of the

29  petitioner; the name, address, and telephone number of the

30  petitioner's representative, if any; and an explanation of how

31  

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 1  the petitioner's substantial interests are being affected by

 2  the local interpretation of the Florida Building Code.

 3         d.  A statement of the provisions of the Florida

 4  Building Code which are being interpreted by the local

 5  building official.

 6         e.  A statement of the interpretation given to

 7  provisions of the Florida Building Code by the local building

 8  official and the manner in which the interpretation was

 9  rendered.

10         f.  A statement of the interpretation that the

11  petitioner contends should be given to the provisions of the

12  Florida Building Code and a statement supporting the

13  petitioner's interpretation.

14         g.  Space for the local building official to respond in

15  writing. The space shall, at a minimum, require the local

16  building official to respond by providing a statement

17  admitting or denying the statements contained in the petition

18  and a statement of the interpretation of the provisions of the

19  Florida Building Code which the local jurisdiction or the

20  local building official contends is correct, including the

21  basis for the interpretation.

22         3.  The petitioner shall submit the petition to the

23  local building official, who shall place the date of receipt

24  on the petition. The local building official shall respond to

25  the petition in accordance with the form and shall return the

26  petition along with his or her response to the petitioner

27  within 5 days after receipt, exclusive of Saturdays, Sundays,

28  and legal holidays. The petitioner may file the petition with

29  the commission at any time after the local building official

30  provides a response. If no response is provided by the local

31  building official, the petitioner may file the petition with

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 1  the commission 10 days after submission of the petition to the

 2  local building official and shall note that the local building

 3  official did not respond.

 4         4.  Upon receipt of a petition that meets the

 5  requirements of subparagraph 2., the commission shall

 6  immediately provide copies of the petition to a panel, and the

 7  commission shall publish the petition, including any response

 8  submitted by the local building official, on the Building Code

 9  Information System in a manner that allows interested persons

10  to address the issues by posting comments.

11         5.  The panel shall conduct proceedings as necessary to

12  resolve the issues; shall give due regard to the petitions,

13  and the response, and to comments posed on the Building Code

14  Information System; and shall issue an interpretation

15  regarding the provisions of the Florida Building Code within

16  21 days after the filing of the petition. The panel shall

17  render a determination based upon the Florida Building Code

18  or, if the code is ambiguous, the intent of the code. The

19  panel's interpretation shall be provided to the commission,

20  which shall publish the interpretation on the Building Code

21  Information System and in the Florida Administrative Weekly.

22  The interpretation shall be considered an interpretation

23  entered by the commission, and shall be binding upon the

24  parties and upon all jurisdictions subject to the Florida

25  Building Code, unless it is superseded by a declaratory

26  statement issued by the Florida Building Commission or by a

27  final order entered after an appeal proceeding conducted in

28  accordance with subparagraph 7.

29         6.  It is the intent of the Legislature that review

30  proceedings be completed within 21 days after the date that a

31  petition seeking review is filed with the commission, and the

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 1  time periods set forth in this paragraph may be waived only

 2  upon consent of all parties.

 3         7.  Any substantially affected person may appeal an

 4  interpretation rendered by a hearing officer panel by filing a

 5  petition with the commission. Such appeals shall be initiated

 6  in accordance with chapter 120 and the uniform rules of

 7  procedure and must be filed within 30 days after publication

 8  of the interpretation on the Building Code Information System

 9  or in the Florida Administrative Weekly. Hearings shall be

10  conducted pursuant to chapter 120 and the uniform rules of

11  procedure. Decisions of the commission are subject to judicial

12  review pursuant to s. 120.68. The final order of the

13  commission is binding upon the parties and upon all

14  jurisdictions subject to the Florida Building Code.

15         8.  The burden of proof in any proceeding initiated in

16  accordance with subparagraph 7. shall be on the party who

17  initiated the appeal.

18         9.  In any review proceeding initiated in accordance

19  with this paragraph, including any proceeding initiated in

20  accordance with subparagraph 7., the fact that an owner or

21  builder has proceeded with construction shall not be grounds

22  for determining an issue to be moot if the issue is one that

23  is likely to arise in the future.

24  

25  This paragraph provides the exclusive remedy for addressing

26  requests to review local interpretations of the code and

27  appeals from review proceedings.

28         (d)  Local decisions declaring structures to be unsafe

29  and subject to repair or demolition are not subject to review

30  under this subsection and may not be appealed to the

31  

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 1  commission if the local governing body finds that there is an

 2  immediate danger to the health and safety of the public.

 3         (e)  Upon written application by any substantially

 4  affected person, the commission shall issue a declaratory

 5  statement pursuant to s. 120.565 relating to an agency's

 6  interpretation and enforcement of the specific provisions of

 7  the Florida Building Code which the agency is authorized to

 8  enforce. This subsection does not provide any powers, other

 9  than advisory, to the commission with respect to any decision

10  of the State Fire Marshal made pursuant to chapter 633.

11         (f)  The commission may designate a commission member

12  with demonstrated expertise in interpreting building plans to

13  attend each meeting of the advisory council created in s.

14  553.512. The commission member may vary from meeting to

15  meeting, shall serve on the council in a nonvoting capacity,

16  and shall receive per diem and expenses as provided in s.

17  553.74(3).

18         (g)  The commission shall by rule establish an informal

19  process of rendering nonbinding interpretations of the Florida

20  Building Code. The commission is specifically authorized to

21  refer interpretive issues to organizations that represent

22  those engaged in the construction industry. The commission

23  shall immediately implement the process prior to the

24  completion of formal rulemaking. It is the intent of the

25  Legislature that the commission create a process to refer

26  questions to a small, rotating group of individuals licensed

27  under part XII of chapter 468, to which a party may pose

28  questions regarding the interpretation of code provisions. It

29  is the intent of the Legislature that the process provide for

30  the expeditious resolution of the issues presented and

31  publication of the resulting interpretation on the Building

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 1  Code Information System. Such interpretations shall be

 2  advisory only and nonbinding on the parties and the

 3  commission.

 4         Section 6.  Subsection (14) of section 553.79, Florida

 5  Statutes, is amended to read:

 6         553.79  Permits; applications; issuance; inspections.--

 7         (14)  Certifications by contractors authorized under

 8  the provisions of s. 489.115(4)(b) shall be considered

 9  equivalent to sealed plans and specifications by a person

10  licensed under chapter 471 or chapter 481 by local enforcement

11  agencies for plans review for permitting purposes relating to

12  compliance with the wind resistance provisions of the code or

13  alternate methodologies approved by the commission for one and

14  two family dwellings. Local enforcement agencies may rely upon

15  such certification by contractors that the plans and

16  specifications submitted conform to the requirements of the

17  code for wind resistance. Upon good cause shown, local

18  government code enforcement agencies may accept or reject

19  plans sealed by persons licensed under chapter 471, chapter

20  481, or chapter 489. A truss-placement plan is not required to

21  be signed and sealed by an engineer or architect unless

22  prepared by an engineer or architect or specifically required

23  by the Florida Building Code.

24         Section 7.  Subsections (2), (4), paragraph (a) of

25  subsection (6), subsection (11), paragraphs (b) and (c) of

26  subsection (12), and subsections (14) and (15) of section

27  553.791, Florida Statutes, are amended to read:

28         553.791  Alternative plans review and inspection.--

29         (2)  Notwithstanding any other provision of law or

30  local government ordinance or local policy to the contrary,

31  the fee owner of a building, or the fee owner's contractor

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 1  upon written authorization from the fee owner, may choose to

 2  use a private provider to provide building code inspection

 3  services with regard to such building and may make payment

 4  directly to the private provider for the provision of such

 5  services.  All such services shall be the subject of a written

 6  contract between the private provider, or the private

 7  provider's firm, and the fee owner. The fee owner may elect to

 8  use a private provider to provide either plans review or

 9  required building inspections. The local building official, in

10  his or her discretion and pursuant to duly adopted policies of

11  the local enforcement agency, may require the fee owner who

12  desires to use a private provider to use the private provider

13  to provide both plans review and required building inspection

14  services.

15         (4)  A fee owner or the fee owner's contractor using a

16  private provider to provide building code inspection services

17  shall notify the local building official at the time of permit

18  application or no less than 1 week prior to a private

19  provider's providing building code inspection services on a

20  form to be adopted by the commission. This notice shall

21  include the following information:

22         (a)  The services to be performed by the private

23  provider.

24         (b)  The name, firm, address, telephone number, and

25  facsimile number of each private provider who is performing or

26  will perform such services, his or her professional license or

27  certification number, qualification statements or resumes,

28  and, if required by the local building official, a certificate

29  of insurance demonstrating that professional liability

30  insurance coverage is in place for the private provider's

31  

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 1  firm, the private provider, and any duly authorized

 2  representative in the amounts required by this section.

 3         (c)  An acknowledgment from the fee owner in

 4  substantially the following form:

 5  

 6         I have elected to use one or more private

 7         providers to provide building code plans review

 8         and/or inspection services on the building that

 9         is the subject of the enclosed permit

10         application, as authorized by s. 553.791,

11         Florida Statutes.  I understand that the local

12         building official may not review the plans

13         submitted or perform the required building

14         inspections to determine compliance with the

15         applicable codes, except to the extent

16         specified in said law.  Instead, plans review

17         and/or required building inspections will be

18         performed by licensed or certified personnel

19         identified in the application. The law requires

20         minimum insurance requirements for such

21         personnel, but I understand that I may require

22         more insurance to protect my interests.  By

23         executing this form, I acknowledge that I have

24         made inquiry regarding the competence of the

25         licensed or certified personnel and the level

26         of their insurance and am satisfied that my

27         interests are adequately protected. I agree to

28         indemnify, defend, and hold harmless the local

29         government, the local building official, and

30         their building code enforcement personnel from

31         any and all claims arising from my use of these

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 1         licensed or certified personnel to perform

 2         building code inspection services with respect

 3         to the building that is the subject of the

 4         enclosed permit application.

 5  

 6  If the fee owner or the fee owner's contractor makes any

 7  changes to the listed private providers or the services to be

 8  provided by those private providers, the fee owner or the fee

 9  owner's contractor shall, within 1 business day after any

10  change, update the notice to reflect such changes.

11         (6)(a)  No more than Within 30 business days after

12  receipt of a permit application and the affidavit from the

13  private provider required pursuant to subsection (5), the

14  local building official shall issue the requested permit or

15  provide a written notice to the permit applicant identifying

16  the specific plan features that do not comply with the

17  applicable codes, as well as the specific code chapters and

18  sections.  If the local building official does not provide a

19  written notice of the plan deficiencies within the prescribed

20  30-day period, the permit application shall be deemed approved

21  as a matter of law, and the permit shall be issued by the

22  local building official on the next business day.

23         (11)  No more than Within 2 business days after receipt

24  of a request for a certificate of occupancy or certificate of

25  completion and the applicant's presentation of a certificate

26  of compliance and approval of all other government approvals

27  required by law, the local building official shall issue the

28  certificate of occupancy or certificate of completion or

29  provide a notice to the applicant identifying the specific

30  deficiencies, as well as the specific code chapters and

31  sections.  If the local building official does not provide

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 1  notice of the deficiencies within the prescribed 2-day period,

 2  the request for a certificate of occupancy or certificate of

 3  completion shall be deemed granted and the certificate of

 4  occupancy or certificate of completion shall be issued by the

 5  local building official on the next business day.  To resolve

 6  any identified deficiencies, the applicant may elect to

 7  dispute the deficiencies pursuant to subsection (12) or to

 8  submit a corrected request for a certificate of occupancy or

 9  certificate of completion.

10         (12)  If the local building official determines that

11  the building construction or plans do not comply with the

12  applicable codes, the official may deny the permit or request

13  for a certificate of occupancy or certificate of completion,

14  as appropriate, or may issue a stop-work order for the project

15  or any portion thereof, if the official determines that such

16  noncompliance poses a threat to public safety and welfare,

17  subject to the following:

18         (b)  If the local building official and private

19  provider are unable to resolve the dispute, the matter shall

20  be referred to the local enforcement agency's board of

21  appeals, if one exists, which shall consider the matter at its

22  next scheduled meeting or sooner. Any decisions by the local

23  enforcement agency's board of appeals, or local building

24  official if there is no board of appeals, may be appealed to

25  the commission pursuant to s. 553.775 553.77(1)(h).

26         (c)  Notwithstanding any provision of this section, any

27  decisions regarding the issuance of a building permit,

28  certificate of occupancy, or certificate of completion may be

29  reviewed by the local enforcement agency's board of appeals,

30  if one exists. Any decision by the local enforcement agency's

31  board of appeals, or local building official if there is no

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 1  board of appeals, may be appealed to the commission pursuant

 2  to s. 553.775 553.77(1)(h), which shall consider the matter at

 3  the commission's next scheduled meeting.

 4         (14)  No local enforcement agency, local building

 5  official, or local government may adopt or enforce any laws,

 6  rules, procedures, policies, or standards more stringent than

 7  those prescribed by this section.

 8         (15)  A private provider may perform building code

 9  inspection services under this section only if the private

10  provider maintains insurance for professional and

11  comprehensive general liability with minimum policy limits of

12  $1 million per occurrence covering relating to all services

13  performed as a private provider. If the private provider

14  chooses to secure claims-made coverage to fulfill this

15  requirement, the private provider must also maintain ,

16  including tail coverage for a minimum of 5 years subsequent to

17  the performance of building code inspection services.

18  Occurrence-based coverage shall not be subject to any tail

19  coverage requirement.

20         Section 8.  Paragraph (d) of subsection (1) of section

21  553.80, Florida Statutes, is amended, and subsection (7) is

22  added to that section, to read:

23         553.80  Enforcement.--

24         (1)  Except as provided in paragraphs (a)-(f), each

25  local government and each legally constituted enforcement

26  district with statutory authority shall regulate building

27  construction and, where authorized in the state agency's

28  enabling legislation, each state agency shall enforce the

29  Florida Building Code required by this part on all public or

30  private buildings, structures, and facilities, unless such

31  

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 1  responsibility has been delegated to another unit of

 2  government pursuant to s. 553.79(9).

 3         (d)  Building plans approved pursuant to s.

 4  553.77(3)(5) and state-approved manufactured buildings,

 5  including buildings manufactured and assembled offsite and not

 6  intended for habitation, such as lawn storage buildings and

 7  storage sheds, are exempt from local code enforcing agency

 8  plan reviews except for provisions of the code relating to

 9  erection, assembly, or construction at the site. Erection,

10  assembly, and construction at the site are subject to local

11  permitting and inspections.

12  

13  The governing bodies of local governments may provide a

14  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

15  and this section, for the enforcement of the provisions of

16  this part. Such fees shall be used solely for carrying out the

17  local government's responsibilities in enforcing the Florida

18  Building Code. The authority of state enforcing agencies to

19  set fees for enforcement shall be derived from authority

20  existing on July 1, 1998. However, nothing contained in this

21  subsection shall operate to limit such agencies from adjusting

22  their fee schedule in conformance with existing authority.

23         (7)  The governing bodies of local governments may

24  provide a schedule of reasonable fees, as authorized by s.

25  125.56(2) or s. 166.222 and this section, for enforcing this

26  part. These fees, and any fines or investment earnings related

27  to the fees, shall be used solely for carrying out the local

28  government's responsibilities in enforcing the Florida

29  Building Code. When providing a schedule of reasonable fees,

30  the total estimated annual revenue derived from fees and the

31  fines and investment earnings related to the fees may not

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 1  exceed the total estimated annual costs of allowable

 2  activities. Any unexpended balances shall be carried forward

 3  to future years for allowable activities or shall be refunded

 4  at the discretion of the local government. The basis for a fee

 5  structure for allowable activities shall relate to the level

 6  of service provided by the local government. Fees charged

 7  shall be consistently applied.

 8         (a)  As used in this subsection, the phrase "enforcing

 9  the Florida Building Code" includes the direct costs and

10  reasonable indirect costs associated with review of building

11  plans, building inspections, reinspections, building permit

12  processing, and building code enforcement. The phrase may also

13  include enforcement action pertaining to unlicensed contractor

14  activity to the extent not funded by other user fees.

15         (b)  The following activities may not be funded with

16  fees adopted for enforcing the Florida Building Code: planning

17  and zoning or other general government activities; inspections

18  of public buildings for a reduced fee or no fee; public

19  information requests, community functions, and any program not

20  directly related to enforcement of the Florida Building Code;

21  or enforcement and implementation of any other local

22  ordinance, excluding validly adopted local amendments to the

23  Florida Building Code and excluding any local ordinance

24  directly related to enforcing the Florida Building Code, as

25  defined in this paragraph.

26         (c)  A local government shall use recognized

27  management, accounting, and oversight practices to ensure that

28  fees, fines, and investment earnings generated under this

29  subsection are maintained and allocated or used solely for the

30  purposes described in paragraph (a).

31  

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 1         Section 9.  The Florida Building Commission shall

 2  expedite the adoption and implementation of the State Existing

 3  Building Code as part of the Florida Building Code pursuant

 4  only to the provisions of chapter 120, Florida Statutes. The

 5  special update and amendment requirements of section 553.73,

 6  Florida Statutes, and the administrative rule requiring

 7  additional delay time between adoption and implementation of

 8  such code are waived.

 9         Section 10.  Paragraph (c) is added to subsection (17)

10  of section 120.80, Florida Statutes, to read:

11         120.80  Exceptions and special requirements;

12  agencies.--

13         (17)  FLORIDA BUILDING COMMISSION.--

14         (c)  Notwithstanding ss. 120.565, 120.569, and 120.57,

15  the Florida Building Commission and hearing officer panels

16  appointed by the commission in accordance with s.

17  553.775(3)(c)1. may conduct proceedings to review decisions of

18  local building code officials in accordance with s.

19  553.775(3)(c).

20         Section 11.  Section 553.841, Florida Statutes, is

21  amended to read:

22         553.841  Building code training program; participant

23  competency requirements.--

24         (1)  The Legislature finds that the effectiveness of

25  the building codes of this state depends on the performance of

26  all participants, as demonstrated through knowledge of the

27  codes and commitment to compliance with code directives and

28  that to strengthen compliance by industry and enforcement by

29  government, a Building Code Training Program is needed.

30         (1)(2)  The commission shall establish by rule the

31  Building Code Training Program to develop and provide a core

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 1  curriculum and offer voluntary accreditation of advance module

 2  courses relating to the Florida Building Code and its

 3  enforcement a system of administering and enforcing the

 4  Florida Building Code.

 5         (3)  The program shall be developed, implemented, and

 6  administered by the commission in consultation with the

 7  Department of Education, the Department of Community Affairs,

 8  the Department of Business and Professional Regulation, the

 9  State Fire Marshal, the State University System, and the

10  Division of Community Colleges.

11         (4)  The commission may enter into contracts with the

12  Department of Education, the State University System, the

13  Division of Community Colleges, model code organizations,

14  professional organizations, vocational-technical schools,

15  trade organizations, and private industry to administer the

16  program.

17         (2)(5)  The program shall be affordable, accessible,

18  meaningful, financially self-sufficient and shall make maximum

19  use of existing sources, systems, institutions, and programs

20  available through private sources.

21         (3)(6)  The commission, in coordination with the

22  Department of Community Affairs, the Department of Business

23  and Professional Regulation, the respective licensing boards,

24  and the State Fire Marshal shall develop or cause to be

25  developed:

26         (a)  a core curriculum that which is prerequisite to

27  initial licensure for those licensees not subject to testing

28  on the Florida Building Code as a condition of licensure.

29  These entities shall also identify subject areas that are

30  inadequately addressed by specialized and advanced courses all

31  specialized and advanced module coursework.

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 1         (b)  A set of specialized and advanced modules

 2  specifically designed for use by each profession.

 3         (4)(7)  The core curriculum shall cover the information

 4  required to have all categories of participants appropriately

 5  informed as to their technical and administrative

 6  responsibilities in the effective execution of the code

 7  process by all individuals currently licensed under part XII

 8  of chapter 468, chapter 471, chapter 481, or chapter 489,

 9  except as otherwise provided in s. 471.017.  The core

10  curriculum shall be prerequisite to the advanced module

11  coursework for all licensees and shall be completed by

12  individuals licensed in all categories under part XII of

13  chapter 468, chapter 471, chapter 481, or chapter 489 by the

14  date of license renewal in 2004. within the first 2-year

15  period after establishment of the program. Core course hours

16  All approved courses taken by licensees pursuant to this

17  section to complete this requirement shall count toward

18  fulfillment of required continuing education units under part

19  XII of chapter 468, chapter 471, chapter 481, or chapter 489.

20         (8)  The commission, in consultation with the

21  Department of Business and Professional Regulation and the

22  respective licensing boards, shall develop or cause to be

23  developed an equivalency test for each category of

24  licensee.  Such test may be taken in lieu of the core

25  curriculum. A passing score on the test shall be equivalent to

26  completion of the core curriculum and shall be credited toward

27  the required number of hours of continuing education.

28         (5)(9)  The commission, in consultation with the

29  Department of Business and Professional Regulation, shall

30  develop or cause to be developed, or approve as a part of the

31  program, appropriate courses a core curriculum and specialized

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 1  or advanced module coursework for the construction workforce,

 2  including, but not limited to, superintendents and journeymen.

 3         (6)(10)  The respective state boards under part XII of

 4  chapter 468, chapters 471, 481, and 489, and the State Fire

 5  Marshal under chapter 633, shall require specialized or

 6  advanced course modules as part of their regular continuing

 7  education requirements. Courses approved by the Department of

 8  Business and Professional Regulation as required by the

 9  respective practice acts and chapter 455 shall be deemed as

10  approved by the Florida Building Commission.

11         (7)(11)  The Legislature hereby establishes the Office

12  of Building Code Training Program Administration within the

13  Institute of Applied Technology in Construction Excellence at

14  the Florida Community College at Jacksonville. The office is

15  charged with the following responsibilities as recommended by

16  the Florida Building Commission and as resources are provided

17  by the Legislature:

18         (a)  Provide research-to-practice capability for

19  entry-level construction training development, delivery and

20  quality assurance, as well as training and competency registry

21  systems and recruitment initiatives.

22         (b)  Coordinate with the Department of Community

23  Affairs and the Florida Building Commission to serve as school

24  liaison to disseminate construction awareness and promotion

25  programs and materials to schools.

26         (c)  Develop model programs and approaches to

27  construction career exploration to promote construction

28  careers.

29         Section 12.  Subsection (3) of section 553.8412,

30  Florida Statutes, is amended to read:

31  

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 1         553.8412  Legislative intent; delivery of training;

 2  outsourcing.--

 3         (3)  To the extent available, funding for outreach,

 4  coordination of training, or training may come from existing

 5  resources. If necessary, the Florida Building Commission or

 6  the department may seek additional or supplemental funds

 7  pursuant to s. 215.559(5). This section does not preclude the

 8  Florida Building Commission from charging fees to fund the

 9  building code training program in a self-sufficient manner as

10  provided in s. 553.841(2)(5).

11         Section 13.  Subsections (9) and (15) of section

12  553.842, Florida Statutes, are amended to read:

13         553.842  Product evaluation and approval.--

14         (9)  The commission may adopt rules to approve the

15  following types of entities that produce information on which

16  product approvals are based. All of the following entities,

17  including engineers and architects, must comply with a

18  nationally recognized standard demonstrating independence or

19  no conflict of interest:

20         (a)  Evaluation entities that meet the criteria for

21  approval adopted by the commission by rule. The commission

22  shall specifically approve the National Evaluation Service,

23  the International Conference of Building Officials Evaluation

24  Services, the Building Officials and Code Administrators

25  International Evaluation Services, the Southern Building Code

26  Congress International Evaluation Services, the International

27  Code Council Evaluation Services, and the Miami-Dade County

28  Building Code Compliance Office Product Control. Architects

29  and engineers licensed in this state are also approved to

30  conduct product evaluations as provided in subsection (6).

31  

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 1         (b)  Testing laboratories accredited by national

 2  organizations, such as A2LA and the National Voluntary

 3  Laboratory Accreditation Program, laboratories accredited by

 4  evaluation entities approved under paragraph (a), and

 5  laboratories that comply with other guidelines for testing

 6  laboratories selected by the commission and adopted by rule.

 7         (c)  Quality assurance entities approved by evaluation

 8  entities approved under paragraph (a) and by certification

 9  agencies approved under paragraph (d) and other quality

10  assurance entities that comply with guidelines selected by the

11  commission and adopted by rule.

12         (d)  Certification agencies accredited by nationally

13  recognized accreditors and other certification agencies that

14  comply with guidelines selected by the commission and adopted

15  by rule.

16         (e)  Validation entities that comply with accreditation

17  standards established by the commission by rule.

18         (15)  The commission shall by rule establish criteria

19  for revocation and suspension of product approvals as well as

20  revocation and suspension of approvals of product evaluation

21  entities, testing laboratories, quality assurance entities,

22  certification agencies, and validation entities. Revocation is

23  governed by s. 120.60 and the uniform rules of procedure.

24         Section 14.  Notwithstanding section 533.842, Florida

25  Statutes, provisions in Chapter 9B-72, Florida Administrative

26  Code, relating to local government product evaluation and

27  approval are suspended until June 1, 2005.

28         (1)  The Florida Building Commission shall create a

29  product approval advisory group to conduct a study to

30  determine the effectiveness and financial impact on the

31  construction industry by the local and state product approval

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 1  process established in section 553.842, Florida Statutes, and

 2  the requirements of Chapter 9B-72 of the Florida

 3  Administrative Code. The product approval advisory group shall

 4  submit its findings in a report to the Governor, the President

 5  of the Senate, and the Speaker of the House of Representatives

 6  by January 15, 2005. The product approval advisory group shall

 7  be comprised of 13 members, 7 of whom must be current members

 8  of the Program Oversight Committee of the Florida Building

 9  Commission. The remaining membership of the product approval

10  advisory group shall represent the broad geographical areas of

11  the state and shall be constituted as follows:

12         (a)  One member selected by the Building Officials

13  Association of Florida;

14         (b)  One member selected by the Florida Construction

15  Coalition;

16         (c)  One member selected by the Florida Engineering

17  Society;

18         (d)  One member selected by the Florida Association of

19  the American Institute of Architects;

20         (e)  One member selected by the Florida League of

21  Cities; and

22         (f)  One member selected by the Florida Association of

23  Counties.

24  

25  The Chairman of the Program Oversight Committee shall serve as

26  the Chairman of the product approval advisory group and the

27  Vice Chairman shall be selected from among the remaining six

28  members selected by the entities specified in paragraphs (a)

29  through (f).

30         (2)  The report submitted to the Legislature pursuant

31  to subsection (1) shall contain specific recommendations on

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 1  how and whether the product approval process should be

 2  modified or amended to enhance and facilitate compliance with

 3  Chapter 9B-72 Florida Administrative Code and section 553.842,

 4  Florida Statutes.

 5         Section 15.  This act shall take effect upon becoming a

 6  law.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                  Senate Bill 520 and CS/SB 494

 3                                 

 4  SB 520 was combined with CS/SB 494. This CS retains the
    restriction on local governments' ability to use building code
 5  fee revenues for non-related activities and the provision
    authorizing an expedited adoption of the State Rehabilitation
 6  Code. The CS includes the following new provisions:

 7         -Creates the Swimming Pool and Solar Technical
           Advisory Committee of the Florida Building
 8         Commission;

 9         -Authorizes the commission to determine
           facility types and criteria for the work
10         covered by issuance of facility maintenance
           permits issued by local governments;
11  
           -Revises the Florida Building Code amendment
12         process;

13         -Revises the procedures for appointments to the
           Florida Building Commission;
14  
           -Provides procedures for review of building
15         code decisions by local building officials;

16         -Clarifies provisions relating to truss
           placement plans and the Code;
17  
           -Allows a fee owner's contractor, rather than
18         only the fee owner, to use a private provider
           for building code inspection services;
19  
           -Eliminates the requirement that the private
20         provider maintain comprehensive general
           liability insurance with minimum policy limits
21         of one million dollars per occurrence;

22         -Restricts local governments ability to use
           building code fee revenues for non-related
23         activities;

24         -Provides an expedited adoption of the State
           Rehabilitation Code;
25  
           -Exempts commission and hearing officer panels
26         from APA rule requirements when reviewing
           decisions of local building officials;
27  
           -Changes the administration of the Florida
28         Building Code Training Program;

29         -Includes the International Code Council
           Evaluation Service as an authorized product
30         evaluation entity;

31         -Authorizes the commission to suspend (as well
           as revoke, as is in current law) product
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 1         approvals or approvals of product evaluation
           entities; and
 2  
           -Suspends Ch. 9B-72, F.A.C., which relates to
 3         local government product evaluation and
           approval, until June 1, 2005. Requires the
 4         commission to study the rule.

 5  The CS does not contain, from the original bill as
    filed, provisions relating to the Elevator Safety
 6  Technical Advisory Committee; hospice residential and
    inpatient facilities;  unauthorized use of pyrotechnic
 7  devises; master keys of elevators to allow for
    emergency access; and requirements that school
 8  districts use life-cycle cost-analysis as one of the
    criteria for selecting new, expanded, or reconstructed
 9  facilities.

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