Senate Bill sb0520c2
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Florida Senate - 2004 CS for CS for SB 520 & CS for SB 494
By the Committees on Banking and Insurance; Comprehensive
Planning; Regulated Industries; and Senators Constantine and
Bennett
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1 A bill to be entitled
2 An act relating to the Florida Building Code;
3 amending s. 553.37, F.S.; amending s. 553.415,
4 F.S.; deleting a time deadline requiring the
5 Department of Community Affairs to adopt
6 emergency rules; deleting the department's
7 authority to charge manufacturers a fee for the
8 review of its plans and specifications for
9 construction of a factory-built school
10 building; authorizing the department to
11 delegate its authority to renew plans to
12 another entity having a certified plans
13 examiner; providing that, if a certified plans
14 examiner certifies that plans and
15 specifications of construction are in
16 compliance, the department is required to give
17 its approval; requiring that review and
18 approval for any site plan locating a
19 factory-built school building be performed by
20 the specified school district; requiring each
21 factory-built school building to bear the
22 insignia of the department and a data plate;
23 providing application for the insignia;
24 providing that the manufacturer or the
25 contractor performing the alterations to the
26 factory-built school building may permanently
27 affix the insignia and identification label;
28 providing for the approval, delivery, and
29 installation of lawn storage buildings and
30 storage sheds; amending s. 553.73, F.S.;
31 providing code-amendment review requirements;
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1 conforming a cross-reference; providing
2 rulemaking authority; amending s. 553.77, F.S.;
3 revising duties of the Florida Building
4 Commission; deleting requirements that the
5 commission hear certain appeals and issue
6 declaratory statements; creating s. 553.775,
7 F.S.; providing legislative intent with respect
8 to the interpretation of the Florida Building
9 Code; providing for the commission to resolve
10 disputes regarding interpretations of the code;
11 requiring the commission to review decisions of
12 local building officials and local enforcement
13 agencies; providing for publication of an
14 interpretation on the Building code Information
15 System and in the Florida Administrative
16 Weekly; amending s. 553.79, F.S.; exempting
17 truss-placement plans from certain
18 requirements; amending s. 553.791, F.S.;
19 providing conditions for use of private plans
20 review and inspection; conforming
21 cross-references; amending s. 553.80, F.S.;
22 authorizing local governments to impose certain
23 fees for code enforcement; providing
24 requirements and limitations; requiring the
25 commission to expedite adoption and
26 implementation of the existing state building
27 code as part of the Florida Building Code
28 pursuant to limited procedures; conforming a
29 cross-reference; amending s. 120.80, F.S.;
30 authorizing the Florida Building Commission to
31 conduct proceedings to review decisions of
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1 local officials; amending s. 553.841, F.S.;
2 revising Building Code Training Program
3 provisions; amending s. 553.8412, F.S.;
4 conforming a cross-reference; amending s.
5 553.842, F.S.; adding an evaluation entity to
6 the list of entities specifically approved by
7 the commission; suspending a Florida Building
8 Commission Rule relating to local product
9 approval; establishing a product approval
10 advisory committee to study the rule; requiring
11 a report; requiring all new or retrofitted
12 construction on essential facilities which
13 utilizes state or federal grants to meet a
14 higher standard for impact protections;
15 amending s. 633.539, F.S.; requiring that
16 installation of fire protection equipment be
17 done by a contractor licensed under ch. 633,
18 F.S.; specifying the scope of coverage of an
19 above ground materials and test certificate and
20 of an underground materials and test
21 certificate; providing that a fire protection
22 contractor is not required to assume
23 responsibility for providing a materials and
24 test certificate on work done by others;
25 requiring the commission to study accessibility
26 issues; requiring a report; providing effective
27 dates.
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29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (3) of section 553.37, Florida
2 Statutes, is amended to read:
3 553.37 Rules; inspections; and insignia.--
4 (3) All manufactured buildings issued and bearing
5 insignia of approval pursuant to subsection (2) shall be
6 deemed to comply with the Florida Building Code and are exempt
7 from local amendments enacted by any local government. Lawn
8 storage buildings and storage sheds bearing the insignia of
9 approval of the department may be delivered and installed
10 without need of a contractor's or specialty license.
11 Section 2. Subsections (3), (4), (5), (6), (7), and
12 (12) of section 553.415, Florida Statutes, are amended, to
13 read:
14 553.415 Factory-built school buildings.--
15 (3) Within 90 days after the effective date of this
16 section, The department shall adopt by emergency rule
17 regulations to carry out the provisions of this section. Such
18 rule shall ensure the safety of design, construction,
19 accessibility, alterations, and inspections and shall also
20 prescribe procedures for the plans, specifications, and
21 methods of construction to be submitted to the department for
22 approval.
23 (4) A manufacturer of factory-built school buildings
24 designed or intended for use as school buildings shall submit
25 to the department for approval the manufacturer's plans,
26 specifications, alterations, and methods of construction for
27 any factory-built school building that has not previously been
28 submitted to the department together with the approval of a
29 certified plans examiner for such building. The department is
30 authorized to charge manufacturers a fee which reflects the
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1 actual expenses incurred for the review of such plans and
2 specifications.
3 (5) The department, in accordance with the standards
4 and procedures adopted pursuant to this section and as such
5 standards and procedures may thereafter be modified, shall
6 approve or reject such plans, specifications, and methods of
7 construction. The department may delegate its plans-review
8 authority to a state agency or public or private entity;
9 however, the department shall ensure that any person
10 conducting plan reviews is a certified plans examiner pursuant
11 to part XII of chapter 468. Any person employed by a municipal
12 or county government, school, or community college district or
13 a private entity who is a certified plans examiner under part
14 XII of chapter 468 may approve a manufacturer's plans,
15 specifications, and methods of construction. Approval of the
16 department shall not be given if a certified plans examiner
17 certifies that unless such plans, specifications, and methods
18 of construction are in compliance with the Florida State
19 Uniform Building Code for Public Educational Facilities and
20 department rule. After March 1, 2002, the Uniform Code for
21 Public Educational Facilities shall be incorporated into the
22 Florida Building Code, including specific requirements for
23 public educational facilities and department rule.
24 (6) The review and approval of any site plan locating
25 a factory-built school building shall be performed solely by
26 the school district or community college district acquiring
27 the factory-built school building. The department may delegate
28 its plans review authority to a state agency or public or
29 private entity; however, the department shall ensure that any
30 person conducting plans reviews is a certified plans examiner,
31 pursuant to part XII of chapter 468.
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1 (7) A standard plan approval may be obtained from the
2 department for factory-built school buildings and such
3 department-approved plans shall be accepted by the enforcement
4 agency as approved for the purpose of obtaining a construction
5 permit for the structure itself. The department, or its
6 designated representative, shall determine if the plans
7 qualify for purposes of a factory-built school shelter, as
8 defined in s. 553.36. The department may delegate its
9 plans-review authority to a state agency or public or private
10 entity; however, the department shall ensure that any person
11 conducting plans reviews is a certified plans examiner
12 pursuant to part XII of chapter 468.
13 (12) Each factory-built school building used for
14 educational purposes shall bear the insignia of the department
15 and a data plate. Application for insignia shall be made by
16 the third-party-approved inspection agency designated in
17 accordance with s. 553.37(9). The data plate shall be
18 fabricated by the manufacturer of durable material in
19 accordance with s. 553.11. Such insignia and identification
20 label shall be permanently affixed by the manufacturer in the
21 case of newly constructed factory-built school buildings, or
22 by the manufacturer or contractor performing the alterations
23 department or its designee in the case of an existing
24 factory-built building altered to comply with provisions of s.
25 1013.20.
26 Section 3. Paragraphs (a) and (c) of subsection (4),
27 subsection (6), and paragraphs (a) and (c) of subsection (7)
28 of section 553.73, Florida Statutes, are amended to read:
29 553.73 Florida Building Code.--
30 (4)(a) All entities authorized to enforce the Florida
31 Building Code pursuant to s. 553.80 shall comply with
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1 applicable standards for issuance of mandatory certificates of
2 occupancy, minimum types of inspections, and procedures for
3 plans review and inspections as established by the commission
4 by rule. Notwithstanding any other provision of law, a local
5 government may issue an annual permit for construction
6 activity of the type and pursuant to the conditions
7 established within the Florida Building Code. Local
8 governments may adopt amendments to the administrative
9 provisions of the Florida Building Code, subject to the
10 limitations of this paragraph. Local amendments shall be more
11 stringent than the minimum standards described herein and
12 shall be transmitted to the commission within 30 days after
13 enactment. The local government shall make such amendments
14 available to the general public in a usable format. The State
15 Fire Marshal is responsible for establishing the standards and
16 procedures required in this paragraph for governmental
17 entities with respect to applying the Florida Fire Prevention
18 Code and the Life Safety Code.
19 (c) Any amendment adopted by a local enforcing agency
20 pursuant to this subsection shall not apply to state or school
21 district owned buildings, manufactured buildings or
22 factory-built school buildings approved by the commission, or
23 prototype buildings approved pursuant to s. 553.77(3)(5). The
24 respective responsible entities shall consider the physical
25 performance parameters substantiating such amendments when
26 designing, specifying, and constructing such exempt buildings.
27 (6)(a) The commission, by rule adopted pursuant to ss.
28 120.536(1) and 120.54, shall update the Florida Building Code
29 every 3 years. When updating the Florida Building Code, the
30 commission shall consider changes made by the adopting entity
31 of any selected model code for any model code incorporated
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1 into the Florida Building Code, and may subsequently adopt the
2 new edition or successor of the model code or any part of such
3 code, no sooner than 6 months after such model code has been
4 adopted by the adopting organization, which may then be
5 modified for this state as provided in this section., and
6 (b) The commission shall further consider the
7 commission's own interpretations, declaratory statements,
8 appellate decisions, and approved statewide and local
9 technical amendments and shall incorporate such
10 interpretations, statements, decisions, and amendments into
11 the updated Florida Building Code only to the extent that they
12 are necessary to modify the foundation code to accommodate the
13 specific needs of this state. A change made by an institute or
14 standards organization to any standard or criterion that is
15 adopted by reference in the Florida Building Code does not
16 become effective statewide until it has been adopted by the
17 commission. Furthermore, the edition of the Florida Building
18 Code which is in effect on the date of application for any
19 permit authorized by the code governs the permitted work for
20 the life of the permit and any extension granted to the
21 permit.
22 (c) A rule updating the Florida Building Code in
23 accordance with this paragraph shall become effective no
24 sooner than 6 months after completion of the rule adoption
25 process. Any amendment to the Florida Building Code which is
26 adopted upon a finding by the commission that the amendment is
27 necessary to protect the public from immediate threat of harm
28 takes effect immediately.
29 (7)(a) The commission may approve technical amendments
30 to the Florida Building Code once each year for statewide or
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1 regional application upon a finding that the amendment
2 conforms to the following:
3 1. Is necessary to provide for Has a reasonable and
4 substantial connection with the health, safety, and welfare of
5 the general public.
6 2. Strengthens or improves the Florida Building Code,
7 or in the case of innovation or new technology, will provide
8 equivalent or better products or methods or systems of
9 construction.
10 3. Does not discriminate against materials, products,
11 methods, or systems of construction of demonstrated
12 capabilities.
13 4. Does not degrade the effectiveness of the Florida
14 Building Code.
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16 Furthermore, the Florida Building Commission may approve
17 technical amendments to the code once each year to incorporate
18 into the Florida Building Code its own interpretations of the
19 code which are embodied in its opinions, final orders, and
20 declaratory statements, and interpretations of hearing officer
21 panels under s. 553.775(3)(c). Amendments approved under this
22 paragraph shall be adopted by rule pursuant to ss. 120.536(1)
23 and 120.54, after the amendments have been subjected to the
24 provisions of subsection (3).
25 (c) The commission may not consider approve any
26 proposed amendment that does not accurately and completely
27 address all requirements for amendment which are set forth in
28 this section. The commission shall require all proposed
29 amendments and information submitted with proposed amendments
30 to be reviewed by commission staff prior to consideration by
31 any technical advisory committee. These reviews shall be for
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1 sufficiency only and are not intended to be qualitative in
2 nature. Proposed amendments without a fiscal impact statement
3 may not be considered by the commission or any technical
4 advisory committee. The provisions of this paragraph
5 notwithstanding, within 60 days after the adoption by the
6 International Code Council of permitted standards and
7 conditions for unvented conditioned attic assemblies in the
8 International Residential Code, the commission shall initiate
9 rulemaking to incorporate such permitted standards and
10 conditions as an authorized alternative in the Florida
11 Building Code.
12 Section 4. Section 553.77, Florida Statutes, is
13 amended to read:
14 553.77 Specific powers of the commission.--
15 (1) The commission shall:
16 (a) Adopt and update the Florida Building Code or
17 amendments thereto, pursuant to ss. 120.536(1) and 120.54.
18 (b) Make a continual study of the operation of the
19 Florida Building Code and other laws relating to the design,
20 construction, erection, alteration, modification, repair, or
21 demolition of public or private buildings, structures, and
22 facilities, including manufactured buildings, and code
23 enforcement, to ascertain their effect upon the cost of
24 building construction and determine the effectiveness of their
25 provisions. Upon updating the Florida Building Code every 3
26 years, the commission shall review existing provisions of law
27 and make recommendations to the Legislature for the next
28 regular session of the Legislature regarding provisions of law
29 that should be revised or repealed to ensure consistency with
30 the Florida Building Code at the point the update goes into
31 effect. State agencies and local jurisdictions shall provide
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1 such information as requested by the commission for evaluation
2 of and recommendations for improving the effectiveness of the
3 system of building code laws for reporting to the Legislature
4 annually. Failure to comply with this or other requirements of
5 this act must be reported to the Legislature for further
6 action. Any proposed legislation providing for the revision or
7 repeal of existing laws and rules relating to technical
8 requirements applicable to building structures or facilities
9 should expressly state that such legislation is not intended
10 to imply any repeal or sunset of existing general or special
11 laws governing any special district that are not specifically
12 identified in the legislation.
13 (c) Upon written application by any substantially
14 affected person or a local enforcement agency, issue
15 declaratory statements pursuant to s. 120.565 relating to new
16 technologies, techniques, and materials which have been tested
17 where necessary and found to meet the objectives of the
18 Florida Building Code. This paragraph does not apply to the
19 types of products, materials, devices, or methods of
20 construction required to be approved under paragraph (f) (i).
21 (d) Upon written application by any substantially
22 affected person, state agency, or a local enforcement agency,
23 issue declaratory statements pursuant to s. 120.565 relating
24 to the enforcement or administration by local governments of
25 the Florida Building Code. Paragraph (h) provides the
26 exclusive remedy for addressing local interpretations of the
27 code.
28 (e) When requested in writing by any substantially
29 affected person, state agency, or a local enforcing agency,
30 shall issue declaratory statements pursuant to s. 120.565
31 relating to this part and ss. 515.25, 515.27, 515.29, and
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1 515.37. Actions of the commission are subject to judicial
2 review pursuant to s. 120.68.
3 (d)(f) Make recommendations to, and provide assistance
4 upon the request of, the Florida Commission on Human Relations
5 regarding rules relating to accessibility for persons with
6 disabilities.
7 (e)(g) Participate with the Florida Fire Code Advisory
8 Council created under s. 633.72, to provide assistance and
9 recommendations relating to firesafety code interpretations.
10 The administrative staff of the commission shall attend
11 meetings of the Florida Fire Code Advisory Council and
12 coordinate efforts to provide consistency between the Florida
13 Building Code and the Florida Fire Prevention Code and the
14 Life Safety Code.
15 (h) Hear appeals of the decisions of local boards of
16 appeal regarding interpretation decisions of local building
17 officials, or if no local board exists, hear appeals of
18 decisions of the building officials regarding interpretations
19 of the code. For such appeals:
20 1. Local decisions declaring structures to be unsafe
21 and subject to repair or demolition shall not be appealable to
22 the commission if the local governing body finds there is an
23 immediate danger to the health and safety of its citizens.
24 2. All appeals shall be heard in the county of the
25 jurisdiction defending the appeal.
26 3. Hearings shall be conducted pursuant to chapter 120
27 and the uniform rules of procedure, and decisions of the
28 commission are subject to judicial review pursuant to s.
29 120.68.
30 (f)(i) Determine the types of products which may be
31 approved by the commission requiring approval for local or
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1 statewide use and shall provide for the evaluation and
2 approval of such products, materials, devices, and method of
3 construction for statewide use. The commission may prescribe
4 by rule a schedule of reasonable fees to provide for
5 evaluation and approval of products, materials, devices, and
6 methods of construction. Evaluation and approval shall be by
7 action of the commission or delegated pursuant to s. 553.842.
8 This paragraph does not apply to products approved by the
9 State Fire Marshal.
10 (g)(j) Appoint experts, consultants, technical
11 advisers, and advisory committees for assistance and
12 recommendations relating to the major areas addressed in the
13 Florida Building Code.
14 (h)(k) Establish and maintain a mutual aid program,
15 organized through the department, to provide an efficient
16 supply of various levels of code enforcement personnel, design
17 professionals, commercial property owners, and construction
18 industry individuals, to assist in the rebuilding effort in an
19 area which has been hit with disaster. The program shall
20 include provisions for:
21 1. Minimum postdisaster structural, electrical, and
22 plumbing inspections and procedures.
23 2. Emergency permitting and inspection procedures.
24 3. Establishing contact with emergency management
25 personnel and other state and federal agencies.
26 (i)(l) Maintain a list of interested parties for
27 noticing rulemaking workshops and hearings, disseminating
28 information on code adoption, revisions, amendments, and all
29 other such actions which are the responsibility of the
30 commission.
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1 (j)(m) Coordinate with the state and local
2 governments, industry, and other affected stakeholders in the
3 examination of legislative provisions and make recommendations
4 to fulfill the responsibility to develop a consistent, single
5 code.
6 (k)(n) Provide technical assistance to local building
7 departments in order to implement policies, procedures, and
8 practices which would produce the most cost-effective property
9 insurance ratings.
10 (l)(o) Develop recommendations for local governments
11 to use when pursuing partial or full privatization of building
12 department functions. The recommendations shall include, but
13 not be limited to, provisions relating to equivalency of
14 service, conflict of interest, requirements for competency,
15 liability, insurance, and long-term accountability.
16 (2) Upon written application by any substantially
17 affected person, the commission shall issue a declaratory
18 statement pursuant to s. 120.565 relating to a state agency's
19 interpretation and enforcement of the specific provisions of
20 the Florida Building Code the agency is authorized to enforce.
21 The provisions of this subsection shall not be construed to
22 provide any powers, other than advisory, to the commission
23 with respect to any decision of the State Fire Marshal made
24 pursuant to the provisions of chapter 633.
25 (3) The commission may designate a commission member
26 with demonstrated expertise in interpreting building plans to
27 attend each meeting of the advisory council created in s.
28 553.512. The commission member may vary from meeting to
29 meeting, shall serve on the council in a nonvoting capacity,
30 and shall receive per diem and expenses as provided in s.
31 553.74(3).
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1 (2)(4) For educational and public information
2 purposes, the commission shall develop and publish an
3 informational and explanatory document which contains
4 descriptions of the roles and responsibilities of the licensed
5 design professional, residential designer, contractor, and
6 local building and fire code officials. The State Fire Marshal
7 shall be responsible for developing and specifying roles and
8 responsibilities for fire code officials. Such document may
9 also contain descriptions of roles and responsibilities of
10 other participants involved in the building codes system.
11 (3)(5) The commission may provide by rule for plans
12 review and approval of prototype buildings owned by public and
13 private entities to be replicated throughout the state. The
14 rule must allow for review and approval of plans for prototype
15 buildings to be performed by a public or private entity with
16 oversight by the commission. The department may charge
17 reasonable fees to cover the administrative costs of the
18 program. Such approved plans or prototype buildings shall be
19 exempt from further review required by s. 553.79(2), except
20 changes to the prototype design, site plans, and other
21 site-related items. As provided in s. 553.73, prototype
22 buildings are exempt from any locally adopted amendment to any
23 part of the Florida Building Code. Construction or erection of
24 such prototype buildings is subject to local permitting and
25 inspections pursuant to this part.
26 (4)(6) The commission may produce and distribute a
27 commentary document to accompany the Florida Building Code.
28 The commentary must be limited in effect to providing
29 technical assistance and must not have the effect of binding
30 interpretations of the code document itself.
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1 (7) The commission shall by rule establish an informal
2 process of rendering nonbinding interpretations of the Florida
3 Building Code. The commission is specifically authorized to
4 refer interpretive issues to organizations that represent
5 those engaged in the construction industry. The commission is
6 directed to immediately implement the process prior to the
7 completion of formal rulemaking. It is the intent of the
8 Legislature that the commission create a process to refer
9 questions to a small, rotating group of individuals licensed
10 under part XII of chapter 468, to which a party can pose
11 questions regarding the interpretation of code provisions. It
12 is the intent of the Legislature that the process provide for
13 the expeditious resolution of the issues presented and
14 publication of the resulting interpretation on the Building
15 Code Information System. Such interpretations are to be
16 advisory only and nonbinding on the parties or the commission.
17 Section 5. Section 553.775, Florida Statutes, is
18 created to read:
19 553.775 Interpretations.--
20 (1) It is the intent of the Legislature that the
21 Florida Building Code be interpreted by government officials
22 who have experience in building code enforcement and the
23 commission in a manner that protects the public safety,
24 health, and welfare at the most reasonable cost to the
25 consumer by ensuring uniform interpretations throughout the
26 state and by providing processes for resolving disputes
27 regarding interpretations of the Florida Building Code which
28 are just and expeditious.
29 (2) Local enforcement agencies, local building
30 officials, state agencies, and the commission shall interpret
31 provisions of the Florida Building Code in a manner that is
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1 consistent with declaratory statements and interpretations
2 entered by the commission, except that conflicts between the
3 Florida Fire Prevention Code and the Florida Building Code
4 shall be resolved in accordance with s. 553.73(9)(c) and (d).
5 (3) The following procedures may be invoked regarding
6 interpretations of the Florida Building Code:
7 (a) Upon written application by any substantially
8 affected person, state agency or by a local enforcement
9 agency, the commission shall issue declaratory statements
10 pursuant to s. 120.565 relating to the enforcement or
11 administration by local governments of the Florida Building
12 Code.
13 (b) When requested in writing by any substantially
14 affected person, state agency or by a local enforcement
15 agency, the commission shall issue a declaratory statement
16 pursuant to s. 120.565 relating to this part and ss. 515.25,
17 515.27, 515.29, and 515.37. Actions of the commission are
18 subject to judicial review under s. 120.68.
19 (c) The commission shall review decisions of local
20 building officials and local enforcement agencies regarding
21 interpretations of the Florida Building Code after the local
22 board of appeals has considered the decision, if such board
23 exists and if the board-of-appeals process is concluded within
24 10 business days.
25 1. The commission shall coordinate with the Building
26 Officials Association of Florida, Inc., to designate panels
27 composed of five members to hear requests to review decisions
28 of local building officials. The members must be licensed as
29 building code administrators under part XII of chapter 468 and
30 must have experience interpreting and enforcing provisions of
31 the Florida Building Code.
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1 2. Requests to review a decision of a local building
2 official interpreting provisions of the Florida Building Code
3 may be initiated by any substantially affected person,
4 including an owner or builder subject to a decision of a local
5 building official, or an association of owners or builders
6 with members who are subject to a decision of a local building
7 official. In order to initiate review, the substantially
8 affected person must file a petition with the commission. The
9 commission shall adopt a form for the petition, which shall be
10 published on the Building Code Information System. The form
11 shall, at a minimum, require the following:
12 a. The name and address of the county or municipality
13 in which provisions of the Florida Building Code are being
14 interpreted.
15 b. The name and address of the local building official
16 who has made the interpretation being appealed.
17 c. The name, address, and telephone number of the
18 petitioner; the name, address, and telephone number of the
19 petitioner's representative, if any; and an explanation of how
20 the petitioner's substantial interests are being affected by
21 the local interpretation of the Florida Building Code.
22 d. A statement of the provisions of the Florida
23 Building Code which are being interpreted by the local
24 building official.
25 e. A statement of the interpretation given to
26 provisions of the Florida Building Code by the local building
27 official and the manner in which the interpretation was
28 rendered.
29 f. A statement of the interpretation that the
30 petitioner contends should be given to the provisions of the
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1 Florida Building Code and a statement supporting the
2 petitioner's interpretation.
3 g. Space for the local building official to respond in
4 writing. The space shall, at a minimum, require the local
5 building official to respond by providing a statement
6 admitting or denying the statements contained in the petition
7 and a statement of the interpretation of the provisions of the
8 Florida Building Code which the local jurisdiction or the
9 local building official contends is correct, including the
10 basis for the interpretation.
11 3. The petitioner shall submit the petition to the
12 local building official, who shall place the date of receipt
13 on the petition. The local building official shall respond to
14 the petition in accordance with the form and shall return the
15 petition along with his or her response to the petitioner
16 within 5 days after receipt, exclusive of Saturdays, Sundays,
17 and legal holidays. The petitioner may file the petition with
18 the commission at any time after the local building official
19 provides a response. If no response is provided by the local
20 building official, the petitioner may file the petition with
21 the commission 10 days after submission of the petition to the
22 local building official and shall note that the local building
23 official did not respond.
24 4. Upon receipt of a petition that meets the
25 requirements of subparagraph 2., the commission shall
26 immediately provide copies of the petition to a panel, and the
27 commission shall publish the petition, including any response
28 submitted by the local building official, on the Building Code
29 Information System in a manner that allows interested persons
30 to address the issues by posting comments.
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1 5. The panel shall conduct proceedings as necessary to
2 resolve the issues; shall give due regard to the petitions,
3 and the response, and to comments posed on the Building Code
4 Information System; and shall issue an interpretation
5 regarding the provisions of the Florida Building Code within
6 21 days after the filing of the petition. The panel shall
7 render a determination based upon the Florida Building Code
8 or, if the code is ambiguous, the intent of the code. The
9 panel's interpretation shall be provided to the commission,
10 which shall publish the interpretation on the Building Code
11 Information System and in the Florida Administrative Weekly.
12 The interpretation shall be considered an interpretation
13 entered by the commission, and shall be binding upon the
14 parties and upon all jurisdictions subject to the Florida
15 Building Code, unless it is superseded by a declaratory
16 statement issued by the Florida Building Commission or by a
17 final order entered after an appeal proceeding conducted in
18 accordance with subparagraph 7.
19 6. It is the intent of the Legislature that review
20 proceedings be completed within 21 days after the date that a
21 petition seeking review is filed with the commission, and the
22 time periods set forth in this paragraph may be waived only
23 upon consent of all parties.
24 7. Any substantially affected person may appeal an
25 interpretation rendered by a hearing officer panel by filing a
26 petition with the commission. Such appeals shall be initiated
27 in accordance with chapter 120 and the uniform rules of
28 procedure and must be filed within 30 days after publication
29 of the interpretation on the Building Code Information System
30 or in the Florida Administrative Weekly. Hearings shall be
31 conducted pursuant to chapter 120 and the uniform rules of
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1 procedure. Decisions of the commission are subject to judicial
2 review pursuant to s. 120.68. The final order of the
3 commission is binding upon the parties and upon all
4 jurisdictions subject to the Florida Building Code.
5 8. The burden of proof in any proceeding initiated in
6 accordance with subparagraph 7. shall be on the party who
7 initiated the appeal.
8 9. In any review proceeding initiated in accordance
9 with this paragraph, including any proceeding initiated in
10 accordance with subparagraph 7., the fact that an owner or
11 builder has proceeded with construction shall not be grounds
12 for determining an issue to be moot if the issue is one that
13 is likely to arise in the future.
14
15 This paragraph provides the exclusive remedy for addressing
16 requests to review local interpretations of the code and
17 appeals from review proceedings.
18 (d) Local decisions declaring structures to be unsafe
19 and subject to repair or demolition are not subject to review
20 under this subsection and may not be appealed to the
21 commission if the local governing body finds that there is an
22 immediate danger to the health and safety of the public.
23 (e) Upon written application by any substantially
24 affected person, the commission shall issue a declaratory
25 statement pursuant to s. 120.565 relating to an agency's
26 interpretation and enforcement of the specific provisions of
27 the Florida Building Code which the agency is authorized to
28 enforce. This subsection does not provide any powers, other
29 than advisory, to the commission with respect to any decision
30 of the State Fire Marshal made pursuant to chapter 633.
31
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1 (f) The commission may designate a commission member
2 with demonstrated expertise in interpreting building plans to
3 attend each meeting of the advisory council created in s.
4 553.512. The commission member may vary from meeting to
5 meeting, shall serve on the council in a nonvoting capacity,
6 and shall receive per diem and expenses as provided in s.
7 553.74(3).
8 (g) The commission shall by rule establish an informal
9 process of rendering nonbinding interpretations of the Florida
10 Building Code. The commission is specifically authorized to
11 refer interpretive issues to organizations that represent
12 those engaged in the construction industry. The commission
13 shall immediately implement the process prior to the
14 completion of formal rulemaking. It is the intent of the
15 Legislature that the commission create a process to refer
16 questions to a small, rotating group of individuals licensed
17 under part XII of chapter 468, to which a party may pose
18 questions regarding the interpretation of code provisions. It
19 is the intent of the Legislature that the process provide for
20 the expeditious resolution of the issues presented and
21 publication of the resulting interpretation on the Building
22 Code Information System. Such interpretations shall be
23 advisory only and nonbinding on the parties and the
24 commission.
25 Section 6. Subsection (14) of section 553.79, Florida
26 Statutes, is amended to read:
27 553.79 Permits; applications; issuance; inspections.--
28 (14) Certifications by contractors authorized under
29 the provisions of s. 489.115(4)(b) shall be considered
30 equivalent to sealed plans and specifications by a person
31 licensed under chapter 471 or chapter 481 by local enforcement
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1 agencies for plans review for permitting purposes relating to
2 compliance with the wind resistance provisions of the code or
3 alternate methodologies approved by the commission for one and
4 two family dwellings. Local enforcement agencies may rely upon
5 such certification by contractors that the plans and
6 specifications submitted conform to the requirements of the
7 code for wind resistance. Upon good cause shown, local
8 government code enforcement agencies may accept or reject
9 plans sealed by persons licensed under chapter 471, chapter
10 481, or chapter 489. A truss-placement plan is not required to
11 be signed and sealed by an engineer or architect unless
12 prepared by an engineer or architect or specifically required
13 by the Florida Building Code.
14 Section 7. Subsections (2), (4), paragraph (a) of
15 subsection (6), subsection (11), paragraphs (b) and (c) of
16 subsection (12), and subsections (14) and (15) of section
17 553.791, Florida Statutes, are amended to read:
18 553.791 Alternative plans review and inspection.--
19 (2) Notwithstanding any other provision of law or
20 local government ordinance or local policy to the contrary,
21 the fee owner of a building, or the fee owner's contractor
22 upon written authorization from the fee owner, may choose to
23 use a private provider to provide building code inspection
24 services with regard to such building and may make payment
25 directly to the private provider for the provision of such
26 services. All such services shall be the subject of a written
27 contract between the private provider, or the private
28 provider's firm, and the fee owner. The fee owner may elect to
29 use a private provider to provide either plans review or
30 required building inspections. The local building official, in
31 his or her discretion and pursuant to duly adopted policies of
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1 the local enforcement agency, may require the fee owner who
2 desires to use a private provider to use the private provider
3 to provide both plans review and required building inspection
4 services.
5 (4) A fee owner or the fee owner's contractor using a
6 private provider to provide building code inspection services
7 shall notify the local building official at the time of permit
8 application or no less than 1 week prior to a private
9 provider's providing building code inspection services on a
10 form to be adopted by the commission. This notice shall
11 include the following information:
12 (a) The services to be performed by the private
13 provider.
14 (b) The name, firm, address, telephone number, and
15 facsimile number of each private provider who is performing or
16 will perform such services, his or her professional license or
17 certification number, qualification statements or resumes,
18 and, if required by the local building official, a certificate
19 of insurance demonstrating that professional liability
20 insurance coverage is in place for the private provider's
21 firm, the private provider, and any duly authorized
22 representative in the amounts required by this section.
23 (c) An acknowledgment from the fee owner in
24 substantially the following form:
25
26 I have elected to use one or more private
27 providers to provide building code plans review
28 and/or inspection services on the building that
29 is the subject of the enclosed permit
30 application, as authorized by s. 553.791,
31 Florida Statutes. I understand that the local
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1 building official may not review the plans
2 submitted or perform the required building
3 inspections to determine compliance with the
4 applicable codes, except to the extent
5 specified in said law. Instead, plans review
6 and/or required building inspections will be
7 performed by licensed or certified personnel
8 identified in the application. The law requires
9 minimum insurance requirements for such
10 personnel, but I understand that I may require
11 more insurance to protect my interests. By
12 executing this form, I acknowledge that I have
13 made inquiry regarding the competence of the
14 licensed or certified personnel and the level
15 of their insurance and am satisfied that my
16 interests are adequately protected. I agree to
17 indemnify, defend, and hold harmless the local
18 government, the local building official, and
19 their building code enforcement personnel from
20 any and all claims arising from my use of these
21 licensed or certified personnel to perform
22 building code inspection services with respect
23 to the building that is the subject of the
24 enclosed permit application.
25
26 If the fee owner or the fee owner's contractor makes any
27 changes to the listed private providers or the services to be
28 provided by those private providers, the fee owner or the fee
29 owner's contractor shall, within 1 business day after any
30 change, update the notice to reflect such changes.
31
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1 (6)(a) No more than Within 30 business days after
2 receipt of a permit application and the affidavit from the
3 private provider required pursuant to subsection (5), the
4 local building official shall issue the requested permit or
5 provide a written notice to the permit applicant identifying
6 the specific plan features that do not comply with the
7 applicable codes, as well as the specific code chapters and
8 sections. If the local building official does not provide a
9 written notice of the plan deficiencies within the prescribed
10 30-day period, the permit application shall be deemed approved
11 as a matter of law, and the permit shall be issued by the
12 local building official on the next business day.
13 (11) No more than Within 2 business days after receipt
14 of a request for a certificate of occupancy or certificate of
15 completion and the applicant's presentation of a certificate
16 of compliance and approval of all other government approvals
17 required by law, the local building official shall issue the
18 certificate of occupancy or certificate of completion or
19 provide a notice to the applicant identifying the specific
20 deficiencies, as well as the specific code chapters and
21 sections. If the local building official does not provide
22 notice of the deficiencies within the prescribed 2-day period,
23 the request for a certificate of occupancy or certificate of
24 completion shall be deemed granted and the certificate of
25 occupancy or certificate of completion shall be issued by the
26 local building official on the next business day. To resolve
27 any identified deficiencies, the applicant may elect to
28 dispute the deficiencies pursuant to subsection (12) or to
29 submit a corrected request for a certificate of occupancy or
30 certificate of completion.
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1 (12) If the local building official determines that
2 the building construction or plans do not comply with the
3 applicable codes, the official may deny the permit or request
4 for a certificate of occupancy or certificate of completion,
5 as appropriate, or may issue a stop-work order for the project
6 or any portion thereof, if the official determines that such
7 noncompliance poses a threat to public safety and welfare,
8 subject to the following:
9 (b) If the local building official and private
10 provider are unable to resolve the dispute, the matter shall
11 be referred to the local enforcement agency's board of
12 appeals, if one exists, which shall consider the matter at its
13 next scheduled meeting or sooner. Any decisions by the local
14 enforcement agency's board of appeals, or local building
15 official if there is no board of appeals, may be appealed to
16 the commission pursuant to s. 553.775 553.77(1)(h).
17 (c) Notwithstanding any provision of this section, any
18 decisions regarding the issuance of a building permit,
19 certificate of occupancy, or certificate of completion may be
20 reviewed by the local enforcement agency's board of appeals,
21 if one exists. Any decision by the local enforcement agency's
22 board of appeals, or local building official if there is no
23 board of appeals, may be appealed to the commission pursuant
24 to s. 553.775 553.77(1)(h), which shall consider the matter at
25 the commission's next scheduled meeting.
26 (14) No local enforcement agency, local building
27 official, or local government may adopt or enforce any laws,
28 rules, procedures, policies, or standards more stringent than
29 those prescribed by this section.
30 (15) A private provider may perform building code
31 inspection services under this section only if the private
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1 provider maintains insurance for professional and
2 comprehensive general liability with minimum policy limits of
3 $1 million per occurrence covering relating to all services
4 performed as a private provider. If the private provider
5 chooses to secure claims-made coverage to fulfill this
6 requirement, the private provider must also maintain ,
7 including tail coverage for a minimum of 5 years subsequent to
8 the performance of building code inspection services.
9 Occurrence-based coverage shall not be subject to any tail
10 coverage requirement.
11 Section 8. Paragraph (d) of subsection (1) of section
12 553.80, Florida Statutes, is amended, and subsections (7) and
13 (8) are added to that section, to read:
14 553.80 Enforcement.--
15 (1) Except as provided in paragraphs (a)-(f), each
16 local government and each legally constituted enforcement
17 district with statutory authority shall regulate building
18 construction and, where authorized in the state agency's
19 enabling legislation, each state agency shall enforce the
20 Florida Building Code required by this part on all public or
21 private buildings, structures, and facilities, unless such
22 responsibility has been delegated to another unit of
23 government pursuant to s. 553.79(9).
24 (d) Building plans approved pursuant to s.
25 553.77(3)(5) and state-approved manufactured buildings,
26 including buildings manufactured and assembled offsite and not
27 intended for habitation, such as lawn storage buildings and
28 storage sheds, are exempt from local code enforcing agency
29 plan reviews except for provisions of the code relating to
30 erection, assembly, or construction at the site. Erection,
31
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1 assembly, and construction at the site are subject to local
2 permitting and inspections.
3
4 The governing bodies of local governments may provide a
5 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
6 and this section, for the enforcement of the provisions of
7 this part. Such fees shall be used solely for carrying out the
8 local government's responsibilities in enforcing the Florida
9 Building Code. The authority of state enforcing agencies to
10 set fees for enforcement shall be derived from authority
11 existing on July 1, 1998. However, nothing contained in this
12 subsection shall operate to limit such agencies from adjusting
13 their fee schedule in conformance with existing authority.
14 (7) The governing bodies of local governments may
15 provide a schedule of reasonable fees, as authorized by s.
16 125.56(2) or s. 166.222 and this section, for enforcing this
17 part. These fees, and any fines or investment earnings related
18 to the fees, shall be used solely for carrying out the local
19 government's responsibilities in enforcing the Florida
20 Building Code. When providing a schedule of reasonable fees,
21 the total estimated annual revenue derived from fees and the
22 fines and investment earnings related to the fees may not
23 exceed the total estimated annual costs of allowable
24 activities. Any unexpended balances shall be carried forward
25 to future years for allowable activities or shall be refunded
26 at the discretion of the local government. The basis for a fee
27 structure for allowable activities shall relate to the level
28 of service provided by the local government. Fees charged
29 shall be consistently applied.
30 (a) As used in this subsection, the phrase "enforcing
31 the Florida Building Code" includes the direct costs and
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1 reasonable indirect costs associated with review of building
2 plans, building inspections, reinspections, building permit
3 processing, provision of training courses, educational
4 materials, and public building safety awareness related to the
5 building code, and building code enforcement. The phrase may
6 also include enforcement action pertaining to unlicensed
7 contractor activity to the extent not funded by other user
8 fees.
9 (b) The following activities may not be funded with
10 fees adopted for enforcing the Florida Building Code: planning
11 and zoning or other general government activities; inspections
12 of public buildings for a reduced fee or no fee; public
13 information requests, community functions, and any program not
14 directly related to enforcement of the Florida Building Code;
15 or enforcement and implementation of any other local
16 ordinance, excluding validly adopted local amendments to the
17 Florida Building Code and excluding any local ordinance
18 directly related to enforcing the Florida Building Code, as
19 defined in this paragraph.
20 (c) A local government shall use recognized
21 management, accounting, and oversight practices to ensure that
22 fees, fines, and investment earnings generated under this
23 subsection are maintained and allocated or used solely for the
24 purposes described in paragraph (a).
25 (8) The Florida Department of Agriculture and Consumer
26 Services shall not be subject to local government permitting
27 requirements, plan review, and inspection fees for nonoccupied
28 structures such as equipment storage sheds and polebarns not
29 used by the general public.
30 Section 9. The Florida Building Commission shall
31 expedite the adoption and implementation of the State Existing
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1 Building Code as part of the Florida Building Code pursuant
2 only to the provisions of chapter 120, Florida Statutes. The
3 special update and amendment requirements of section 553.73,
4 Florida Statutes, and the administrative rule requiring
5 additional delay time between adoption and implementation of
6 such code are waived.
7 Section 10. Paragraph (c) is added to subsection (17)
8 of section 120.80, Florida Statutes, to read:
9 120.80 Exceptions and special requirements;
10 agencies.--
11 (17) FLORIDA BUILDING COMMISSION.--
12 (c) Notwithstanding ss. 120.565, 120.569, and 120.57,
13 the Florida Building Commission and hearing officer panels
14 appointed by the commission in accordance with s.
15 553.775(3)(c)1. may conduct proceedings to review decisions of
16 local building code officials in accordance with s.
17 553.775(3)(c).
18 Section 11. Section 553.841, Florida Statutes, is
19 amended to read:
20 553.841 Building code training program; participant
21 competency requirements.--
22 (1) The Legislature finds that the effectiveness of
23 the building codes of this state depends on the performance of
24 all participants, as demonstrated through knowledge of the
25 codes and commitment to compliance with code directives and
26 that to strengthen compliance by industry and enforcement by
27 government, a Building Code Training Program is needed.
28 (1)(2) The commission shall establish by rule the
29 Building Code Training Program to develop and provide a core
30 curriculum and offer voluntary accreditation of advance module
31 courses relating to the Florida Building Code and its
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1 enforcement a system of administering and enforcing the
2 Florida Building Code.
3 (3) The program shall be developed, implemented, and
4 administered by the commission in consultation with the
5 Department of Education, the Department of Community Affairs,
6 the Department of Business and Professional Regulation, the
7 State Fire Marshal, the State University System, and the
8 Division of Community Colleges.
9 (4) The commission may enter into contracts with the
10 Department of Education, the State University System, the
11 Division of Community Colleges, model code organizations,
12 professional organizations, vocational-technical schools,
13 trade organizations, and private industry to administer the
14 program.
15 (2)(5) The program shall be affordable, accessible,
16 meaningful, financially self-sufficient and shall make maximum
17 use of existing sources, systems, institutions, and programs
18 available through private sources.
19 (3)(6) The commission, in coordination with the
20 Department of Community Affairs, the Department of Business
21 and Professional Regulation, the respective licensing boards,
22 and the State Fire Marshal shall develop or cause to be
23 developed:
24 (a) a core curriculum that which is prerequisite to
25 initial licensure for those licensees not subject to testing
26 on the Florida Building Code as a condition of licensure.
27 These entities shall also identify subject areas that are
28 inadequately addressed by specialized and advanced courses all
29 specialized and advanced module coursework.
30 (b) A set of specialized and advanced modules
31 specifically designed for use by each profession.
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1 (4)(7) The core curriculum shall cover the information
2 required to have all categories of participants appropriately
3 informed as to their technical and administrative
4 responsibilities in the effective execution of the code
5 process by all individuals currently licensed under part XII
6 of chapter 468, chapter 471, chapter 481, or chapter 489,
7 except as otherwise provided in s. 471.017. The core
8 curriculum shall be prerequisite to the advanced module
9 coursework for all licensees and shall be completed by
10 individuals licensed in all categories under part XII of
11 chapter 468, chapter 471, chapter 481, or chapter 489 by the
12 date of license renewal in 2004. within the first 2-year
13 period after establishment of the program. Core course hours
14 All approved courses taken by licensees pursuant to this
15 section to complete this requirement shall count toward
16 fulfillment of required continuing education units under part
17 XII of chapter 468, chapter 471, chapter 481, or chapter 489.
18 (8) The commission, in consultation with the
19 Department of Business and Professional Regulation and the
20 respective licensing boards, shall develop or cause to be
21 developed an equivalency test for each category of
22 licensee. Such test may be taken in lieu of the core
23 curriculum. A passing score on the test shall be equivalent to
24 completion of the core curriculum and shall be credited toward
25 the required number of hours of continuing education.
26 (5)(9) The commission, in consultation with the
27 Department of Business and Professional Regulation, shall
28 develop or cause to be developed, or approve as a part of the
29 program, appropriate courses a core curriculum and specialized
30 or advanced module coursework for the construction workforce,
31 including, but not limited to, superintendents and journeymen.
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1 (6)(10) The respective state boards under part XII of
2 chapter 468, chapters 471, 481, and 489, and the State Fire
3 Marshal under chapter 633, shall require specialized or
4 advanced course modules as part of their regular continuing
5 education requirements. Courses approved by the Department of
6 Business and Professional Regulation as required by the
7 respective practice acts and chapter 455 shall be deemed as
8 approved by the Florida Building Commission.
9 (7)(11) The Legislature hereby establishes the Office
10 of Building Code Training Program Administration within the
11 Institute of Applied Technology in Construction Excellence at
12 the Florida Community College at Jacksonville. The office is
13 charged with the following responsibilities as recommended by
14 the Florida Building Commission and as resources are provided
15 by the Legislature:
16 (a) Provide research-to-practice capability for
17 entry-level construction training development, delivery and
18 quality assurance, as well as training and competency registry
19 systems and recruitment initiatives.
20 (b) Coordinate with the Department of Community
21 Affairs and the Florida Building Commission to serve as school
22 liaison to disseminate construction awareness and promotion
23 programs and materials to schools.
24 (c) Develop model programs and approaches to
25 construction career exploration to promote construction
26 careers.
27 Section 12. Subsection (3) of section 553.8412,
28 Florida Statutes, is amended to read:
29 553.8412 Legislative intent; delivery of training;
30 outsourcing.--
31
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1 (3) To the extent available, funding for outreach,
2 coordination of training, or training may come from existing
3 resources. If necessary, the Florida Building Commission or
4 the department may seek additional or supplemental funds
5 pursuant to s. 215.559(5). This section does not preclude the
6 Florida Building Commission from charging fees to fund the
7 building code training program in a self-sufficient manner as
8 provided in s. 553.841(2)(5).
9 Section 13. Subsections (9) and (15) of section
10 553.842, Florida Statutes, are amended to read:
11 553.842 Product evaluation and approval.--
12 (9) The commission may adopt rules to approve the
13 following types of entities that produce information on which
14 product approvals are based. All of the following entities,
15 including engineers and architects, must comply with a
16 nationally recognized standard demonstrating independence or
17 no conflict of interest:
18 (a) Evaluation entities that meet the criteria for
19 approval adopted by the commission by rule. The commission
20 shall specifically approve the National Evaluation Service,
21 the International Conference of Building Officials Evaluation
22 Services, the Building Officials and Code Administrators
23 International Evaluation Services, the Southern Building Code
24 Congress International Evaluation Services, the International
25 Code Council Evaluation Services, and the Miami-Dade County
26 Building Code Compliance Office Product Control. Architects
27 and engineers licensed in this state are also approved to
28 conduct product evaluations as provided in subsection (6).
29 (b) Testing laboratories accredited by national
30 organizations, such as A2LA and the National Voluntary
31 Laboratory Accreditation Program, laboratories accredited by
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1 evaluation entities approved under paragraph (a), and
2 laboratories that comply with other guidelines for testing
3 laboratories selected by the commission and adopted by rule.
4 (c) Quality assurance entities approved by evaluation
5 entities approved under paragraph (a) and by certification
6 agencies approved under paragraph (d) and other quality
7 assurance entities that comply with guidelines selected by the
8 commission and adopted by rule.
9 (d) Certification agencies accredited by nationally
10 recognized accreditors and other certification agencies that
11 comply with guidelines selected by the commission and adopted
12 by rule.
13 (e) Validation entities that comply with accreditation
14 standards established by the commission by rule.
15 (15) The commission shall by rule establish criteria
16 for revocation and suspension of product approvals as well as
17 revocation and suspension of approvals of product evaluation
18 entities, testing laboratories, quality assurance entities,
19 certification agencies, and validation entities. Revocation is
20 governed by s. 120.60 and the uniform rules of procedure.
21 Section 14. Notwithstanding section 533.842, Florida
22 Statutes, provisions in Chapter 9B-72, Florida Administrative
23 Code, relating to local government product evaluation and
24 approval are suspended until June 1, 2005.
25 (1) The Florida Building Commission shall create a
26 product approval advisory group to conduct a study to
27 determine the effectiveness and financial impact on the
28 construction industry by the local and state product approval
29 process established in section 553.842, Florida Statutes, and
30 the requirements of Chapter 9B-72 of the Florida
31 Administrative Code. The product approval advisory group shall
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1 submit its findings in a report to the Governor, the President
2 of the Senate, and the Speaker of the House of Representatives
3 by January 15, 2005. The product approval advisory group shall
4 be comprised of 13 members, 7 of whom must be current members
5 of the Program Oversight Committee of the Florida Building
6 Commission. The remaining membership of the product approval
7 advisory group shall represent the broad geographical areas of
8 the state and shall be constituted as follows:
9 (a) One member selected by the Building Officials
10 Association of Florida;
11 (b) One member selected by the Florida Construction
12 Coalition;
13 (c) One member selected by the Florida Engineering
14 Society;
15 (d) One member selected by the Florida Association of
16 the American Institute of Architects;
17 (e) One member selected by the Florida League of
18 Cities; and
19 (f) One member selected by the Florida Association of
20 Counties.
21
22 The Chairman of the Program Oversight Committee shall serve as
23 the Chairman of the product approval advisory group and the
24 Vice Chairman shall be selected from among the remaining six
25 members selected by the entities specified in paragraphs (a)
26 through (f).
27 (2) The report submitted to the Legislature pursuant
28 to subsection (1) shall contain specific recommendations on
29 how and whether the product approval process should be
30 modified or amended to enhance and facilitate compliance with
31
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1 Chapter 9B-72 Florida Administrative Code and section 553.842,
2 Florida Statutes.
3 Section 15. Paragraph (c) of subsection (1) of section
4 633.539, Florida Statutes, is amended to read:
5 633.539 Requirements for installation, inspection, and
6 maintenance of fire protection systems.--
7 (1) The requirements for installation of fire
8 protection systems are as follows:
9 (c) Equipment shall be installed in accordance with
10 the applicable standards of the National Fire Protection
11 Association and the manufacturer's specifications, and the
12 installation shall be undertaken by a fire protection
13 contractor licensed under this chapter and within the scope of
14 licensure as defined in this subsection. The above ground
15 materials and test certificate required by the standards shall
16 be provided by a Contractor I, Contractor II, or Contractor
17 IV. The scope of the above ground material and test
18 certificate begins 1 foot above the finished floor to and
19 including the most remote fire protection device. The
20 Contractor I, Contractor II, or Contractor V is responsible
21 for providing the underground materials and test certificate
22 as required by the standards. The scope of the underground
23 material and test certificate begins at the point of service
24 as defined in this chapter, adopted plumbing code provisions
25 notwithstanding, and finishes no more than 1 foot above the
26 finished floor. A fire protection contractor is not required
27 to assume responsibility for providing a materials and test
28 certificate on work done by others.
29 Section 16. Effective January 1, 2005, all new or
30 retrofitted construction on essential facilities, as defined
31 in ASTM E 1996-02, paragraph 6.2.1.1 (enhanced protection for
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 520 & CS for SB 494
311-2653-04
1 window and door coverings), which utilizes state or federal
2 grants shall meet ASTM level E impact protections.
3 Section 17. The Florida Building Commission shall
4 study the following issues related to the Americans with
5 Disabilities Act, as adopted in section 553.503, Florida
6 Statutes, and the Americans with Disabilities Accessibility
7 Guidelines, as adopted in section 553.504, Florida Statutes:
8 the placement of grab rails in water closets, the placement of
9 access aisles for disabled parking spaces, and the "discipline
10 of accessibility" to review building plans for accessibility.
11 The commission must consider what the current federal law and
12 the Florida Building Code require, if applicable, and the cost
13 implications of any recommendations the commission may offer.
14 The commission must report its findings and recommendations to
15 the Legislature by December 31, 2004.
16 Section 18. This act shall take effect upon becoming a
17 law.
18
19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 CS/SB 520 and CS/SB 494
21
22 Amends requirements for the the submission and review of
factory-built school building plans.
23
Eliminates provisions that would have revised the appointment
24 process and membership of the Florida Building Commission.
25 States the installation of a fire protection system must be
made by a licensed fire protection contractor, and states that
26 a fire protection contractor is not required to certify work
done by others.
27
Provides that effective January 1, 2005, all new or
28 retrofitted construction on essential that utilizes state or
federal grants must meet ASTM Level E impact protections.
29
Requires that the Florida Building Commission must study three
30 issues related to the Americans with Disabilities Act.
31
39
CODING: Words stricken are deletions; words underlined are additions.