HB 0911

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Florida Building Code; amending s.
8	553.37, F.S.; providing for the approval, delivery, and
9	installation of lawn storage buildings and storage sheds;
10	amending s. 553.73, F.S.; specifying certain codes from
11	the International Code Congress and the International Code
12	Council as foundation codes for the updated Florida
13	Building Code; providing requirements for amendments to
14	the foundation codes; providing for the incorporation of
15	certain statements, decisions, and amendments into the
16	Florida Building Code; providing a timeframe for rule
17	updates to the Florida Building Code to become effective;
18	adding a requirement for technical amendments to the
19	Florida Building Code; providing code-amendment review
20	requirements; providing an exception; amending s. 553.74,
21	F.S.; revising the appointment of members to the Florida
22	Building Commission; amending s. 553.77, F.S.; revising
23	duties of the Florida Building Commission; deleting
24	requirements that the commission hear certain appeals and
25	issue declaratory statements; creating s. 553.775, F.S.;
26	providing legislative intent with respect to the
27	interpretation of the Florida Building Code; providing for
28	the commission to resolve disputes regarding
29	interpretations of the code; requiring the commission to
30	review decisions of local building officials and local
31	enforcement agencies; providing for publication of an
32	interpretation on the Building Code Information System and
33	in the Florida Administrative Weekly; amending s. 553.79,
34	F.S.; exempting truss-placement plans from certain
35	requirements; amending s. 553.791, F.S.; providing
36	conditions for use of private plans review and inspection;
37	conforming cross references; amending s. 553.80, F.S.;
38	authorizing local governments to impose certain fees for
39	code enforcement; providing requirements and limitations;
40	conforming a cross reference; requiring the commission to
41	expedite adoption and implementation of the existing state
42	building code as part of the Florida Building Code
43	pursuant to limited procedures; amending s. 120.80, F.S.;
44	authorizing the Florida Building Commission to conduct
45	proceedings to review decisions of local officials;
46	amending s. 553.841, F.S.; revising Building Code Training
47	Program provisions; amending s. 553.8412, F.S.; conforming
48	a cross reference; amending s. 553.842, F.S.; providing
49	for products to be approved for statewide use; deleting an
50	obsolete date; deleting a provision requiring the
51	commission to adopt certain local program verification
52	validation criteria by rule; providing for validation of
53	certain products by inspection of certification mark or
54	listing; adding an evaluation entity to the list of
55	entities specifically approved by the commission; deleting
56	a requirement that the commission establish a schedule for
57	adoption of rules relating to product approvals under
58	certain circumstances; providing an effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Subsection (3) of section 553.37, Florida
63	Statutes, is amended to read:
64	553.37  Rules; inspections; and insignia.--
65	(3)  All manufactured buildings issued and bearing insignia
66	of approval pursuant to subsection (2) shall be deemed to comply
67	with the Florida Building Code and are exempt from local
68	amendments enacted by any local government. Lawn storage
69	buildings and storage sheds bearing the insignia of approval of
70	the department may be delivered and installed without need of a
71	contractor's or specialty license.
72	Section 2.  Paragraph (c) of subsection (4), subsection
73	(6), and paragraphs (a) and (c) of subsection (7) of section
74	553.73, Florida Statutes, are amended to read:
75	553.73  Florida Building Code.--
76	(4)
77	(c)  Any amendment adopted by a local enforcing agency
78	pursuant to this subsection shall not apply to state or school
79	district owned buildings, manufactured buildings or factory-
80	built school buildings approved by the commission, or prototype
81	buildings approved pursuant to s. 553.77(3)(5). The respective
82	responsible entities shall consider the physical performance
83	parameters substantiating such amendments when designing,
84	specifying, and constructing such exempt buildings.
85	(6)(a)  The commission, by rule adopted pursuant to ss.
86	120.536(1) and 120.54, shall update the Florida Building Code
87	every 3 years. When updating the Florida Building Code, the
88	commission shall select the most current version of the
89	International Building Code, the International Fuel Gas Code,
90	the International Mechanical Code, the International Plumbing
91	Code, the International Residential Code, the International Code
92	Council Electrical Code, all of which are adopted by the
93	International Code Congress, to form the foundation codes of the
94	updated Florida Building Code, provided that the version has
95	been adopted by the International Code Congress and made
96	available to the public at least 6 months prior to its selection
97	by the commission.
98	(b)  The commission may modify any portion of the
99	foundation codes only as needed to accommodate the specific
100	needs of this state. Standards or criteria referenced by such
101	codes shall be incorporated by reference. If a referenced
102	standard or criterion requires amplification or modification to
103	be appropriate for use in this state, only the amplification or
104	modification shall be set forth in the Florida Building Code.
105	The commission may approve technical amendments to the updated
106	Florida Building Code after the amendments have been subject to
107	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
108	the foundation codes that are adopted in accordance with this
109	subsection shall be clearly marked in printed versions of the
110	Florida Building Code so that the fact that the provisions are
111	Florida-specific amendments to the foundation codes is readily
112	apparent. consider changes made by the adopting entity of any
113	selected model code for any model code incorporated into the
114	Florida Building Code, and may subsequently adopt the new
115	edition or successor of the model code or any part of such code,
116	no sooner than 6 months after such model code has been adopted
117	by the adopting organization, which may then be modified for
118	this state as provided in this section, and
119	(c)  The commission shall further consider the commission's
120	own interpretations, declaratory statements, appellate
121	decisions, and approved statewide and local technical amendments
122	and shall incorporate such interpretations, statements,
123	decisions, and amendments into the updated Florida Building Code
124	only to the extent that they are needed to modify the foundation
125	codes to accommodate the specific needs of the state. A change
126	made by an institute or standards organization to any standard
127	or criterion that is adopted by reference in the Florida
128	Building Code does not become effective statewide until it has
129	been adopted by the commission. Furthermore, the edition of the
130	Florida Building Code which is in effect on the date of
131	application for any permit authorized by the code governs the
132	permitted work for the life of the permit and any extension
133	granted to the permit.
134	(d)  A rule updating the Florida Building Code in
135	accordance with this subsection shall take effect no sooner than
136	6 months after completion of the rule adoption process. Any
137	amendment to the Florida Building Code which is adopted upon a
138	finding by the commission that the amendment is necessary to
139	protect the public from immediate threat of harm takes effect
140	immediately.
141	(7)(a)  The commission may approve technical amendments to
142	the Florida Building Code once each year for statewide or
143	regional application upon a finding that the amendment:
144	1.  Is needed in order to accommodate the specific needs of
145	this state.
146	2.1.  Has a reasonable and substantial connection with the
147	health, safety, and welfare of the general public.
148	3.2.  Strengthens or improves the Florida Building Code, or
149	in the case of innovation or new technology, will provide
150	equivalent or better products or methods or systems of
151	construction.
152	4.3.  Does not discriminate against materials, products,
153	methods, or systems of construction of demonstrated
154	capabilities.
155	5.4.  Does not degrade the effectiveness of the Florida
156	Building Code.
157
158	Furthermore, the Florida Building Commission may approve
159	technical amendments to the code once each year to incorporate
160	into the Florida Building Code its own interpretations of the
161	code which are embodied in its opinions, final orders, and
162	declaratory statements, and interpretations of hearing officer
163	panels under s. 553.775(3)(c), but shall do so only to the
164	extent that incorporation of interpretations is needed to modify
165	the foundation codes to accommodate the specific needs of this
166	state. Amendments approved under this paragraph shall be adopted
167	by rule pursuant to ss. 120.536(1) and 120.54, after the
168	amendments have been subjected to the provisions of subsection
169	(3).
170	(c)  The commission may not approve any proposed amendment
171	that does not accurately and completely address all requirements
172	for amendment which are set forth in this section. The
173	commission shall require all proposed amendments and information
174	submitted with proposed amendments to be reviewed by commission
175	staff prior to consideration by any technical advisory
176	committee. These reviews shall be for sufficiency only and are
177	not intended to be qualitative in nature. Staff members shall
178	reject any proposed amendment that fails to include a fiscal
179	impact statement providing information responsive to all
180	criteria identified. Proposed amendments rejected by members of
181	the staff may not be considered by the commission or any
182	technical advisory committee. Notwithstanding the provisions of
183	this paragraph, within 60 days after the adoption by the
184	International Code Council of permitted standards and conditions
185	for unvented conditioned attic assemblies in the International
186	Residential Code, the commission shall initiate rulemaking to
187	incorporate such permitted standards and conditions in the
188	Florida Building Code.
189	Section 3.  Subsection (1) of section 553.74, Florida
190	Statutes, is amended to read:
191	553.74  Florida Building Commission.--
192	(1)  The Florida Building Commission is created and shall
193	be located within the Department of Community Affairs for
194	administrative purposes. Members shall be appointed by the
195	Governor subject to confirmation by the Senate. The Governor
196	shall appoint commission members from lists of candidates
197	submitted by the respective professional organizations or may
198	appoint any other person otherwise qualified according to this
199	section. The commission shall be composed of 23 members,
200	consisting of the following:
201	(a)  One architect registered to practice in this state and
202	actively engaged in the profession from a list of three
203	candidates provided by the American Institute of Architecture,
204	Florida Section.
205	(b)  One structural engineer registered to practice in this
206	state and actively engaged in the profession from a list of
207	three candidates provided by the Florida Engineering Society.
208	(c)  One air-conditioning or mechanical contractor
209	certified to do business in this state and actively engaged in
210	the profession from a list of three candidates provided by the
211	Florida Air Conditioning Contractors Association and the Florida
212	Refrigeration and Air Conditioning Contractors Association.
213	(d)  One electrical contractor certified to do business in
214	this state and actively engaged in the profession from a list of
215	three candidates provided by the Florida Association of
216	Electrical Contractors.
217	(e)  One member from fire protection engineering or
218	technology who is actively engaged in the profession from a list
219	of three candidates provided by the Florida Fire Protection
220	Engineers Society, the Fire Marshals and Inspectors Association,
221	and the Florida Fire Chiefs Association.
222	(f)  One general contractor certified to do business in
223	this state and actively engaged in the profession from a list of
224	three candidates provided by the Associated Builders and
225	Contractors of Florida and the Florida Associated General
226	Contractors Council.
227	(g)  One plumbing contractor licensed to do business in
228	this state and actively engaged in the profession from a list of
229	three candidates provided by the Florida Association of
230	Plumbing, Heating, and Cooling Contractors.
231	(h)  One roofing or sheet metal contractor certified to do
232	business in this state and actively engaged in the profession
233	from a list of three candidates provided by the Florida Roofing,
234	Sheet Metal, and Air Conditioning Contractors Association.
235	(i)  One residential contractor licensed to do business in
236	this state and actively engaged in the profession from a list of
237	three candidates provided by the Florida Home Builders
238	Association.
239	(j)  Three members who are municipal or district codes
240	enforcement officials, two of whom shall be from a list of four
241	candidates provided by the Building Officials Association of
242	Florida and one of whom is also a fire official from a list of
243	three candidates provided by the Florida Fire Marshals and
244	Inspectors Association.
245	(k)  One member who represents the Department of Financial
246	Services.
247	(l)  One member who is a county codes enforcement official
248	from a list of three candidates provided by the Building
249	Officials Association of Florida.
250	(m)  One member of a Florida-based organization of persons
251	with disabilities or a nationally chartered organization of
252	persons with disabilities with chapters in this state.
253	(n)  One member of the manufactured buildings industry who
254	is licensed to do business in this state and is actively engaged
255	in the industry from a list of three candidates provided by the
256	Florida Manufactured Housing Association.
257	(o)  One mechanical or electrical engineer registered to
258	practice in this state and actively engaged in the profession
259	from a list of three candidates provided by the Florida
260	Engineering Society.
261	(p)  One member who is a representative of a municipality
262	or a charter county from a list of three candidates provided by
263	the Florida League of Cities and the Florida Association of
264	Counties.
265	(q)  One member of the building products manufacturing
266	industry who is authorized to do business in this state and is
267	actively engaged in the industry from a list of three candidates
268	provided by the Florida Building Materials Association, the
269	Florida Concrete and Products Association, and the Fenestration
270	Manufacturers Association.
271	(r)  One member who is a representative of the building
272	owners and managers industry who is actively engaged in
273	commercial building ownership or management from a list of three
274	candidates provided by the Building Owners and Managers
275	Association.
276	(s)  One member who is a representative of the insurance
277	industry from a list of three candidates provided by the Florida
278	Insurance Council.
279	(t)  One member who is a representative of public
280	education.
281	(u)  One member who shall be the chair.
282
283	Any person serving on the commission under paragraph (c) or
284	paragraph (h) on October 1, 2004 2003, and who has served less
285	than two full terms is eligible for reappointment to the
286	commission regardless of whether he or she meets the new
287	qualification.
288	Section 4.  Section 553.77, Florida Statutes, is amended to
289	read:
290	553.77  Specific powers of the commission.--
291	(1)  The commission shall:
292	(a)  Adopt and update the Florida Building Code or
293	amendments thereto, pursuant to ss. 120.536(1) and 120.54.
294	(b)  Make a continual study of the operation of the Florida
295	Building Code and other laws relating to the design,
296	construction, erection, alteration, modification, repair, or
297	demolition of public or private buildings, structures, and
298	facilities, including manufactured buildings, and code
299	enforcement, to ascertain their effect upon the cost of building
300	construction and determine the effectiveness of their
301	provisions. Upon updating the Florida Building Code every 3
302	years, the commission shall review existing provisions of law
303	and make recommendations to the Legislature for the next regular
304	session of the Legislature regarding provisions of law that
305	should be revised or repealed to ensure consistency with the
306	Florida Building Code at the point the update goes into effect.
307	State agencies and local jurisdictions shall provide such
308	information as requested by the commission for evaluation of and
309	recommendations for improving the effectiveness of the system of
310	building code laws for reporting to the Legislature annually.
311	Failure to comply with this or other requirements of this act
312	must be reported to the Legislature for further action. Any
313	proposed legislation providing for the revision or repeal of
314	existing laws and rules relating to technical requirements
315	applicable to building structures or facilities should expressly
316	state that such legislation is not intended to imply any repeal
317	or sunset of existing general or special laws governing any
318	special district that are not specifically identified in the
319	legislation.
320	(c)  Upon written application by any substantially affected
321	person or a local enforcement agency, issue declaratory
322	statements pursuant to s. 120.565 relating to new technologies,
323	techniques, and materials which have been tested where necessary
324	and found to meet the objectives of the Florida Building Code.
325	This paragraph does not apply to the types of products,
326	materials, devices, or methods of construction required to be
327	approved under paragraph (f) (i).
328	(d)  Upon written application by any substantially affected
329	person, state agency, or a local enforcement agency, issue
330	declaratory statements pursuant to s. 120.565 relating to the
331	enforcement or administration by local governments of the
332	Florida Building Code. Paragraph (h) provides the exclusive
333	remedy for addressing local interpretations of the code.
334	(e)  When requested in writing by any substantially
335	affected person, state agency, or a local enforcing agency,
336	shall issue declaratory statements pursuant to s. 120.565
337	relating to this part and ss. 515.25, 515.27, 515.29, and
338	515.37.  Actions of the commission are subject to judicial
339	review pursuant to s. 120.68.
340	(d)(f)  Make recommendations to, and provide assistance
341	upon the request of, the Florida Commission on Human Relations
342	regarding rules relating to accessibility for persons with
343	disabilities.
344	(e)(g)  Participate with the Florida Fire Code Advisory
345	Council created under s. 633.72, to provide assistance and
346	recommendations relating to firesafety code interpretations. The
347	administrative staff of the commission shall attend meetings of
348	the Florida Fire Code Advisory Council and coordinate efforts to
349	provide consistency between the Florida Building Code and the
350	Florida Fire Prevention Code and the Life Safety Code.
351	(h)  Hear appeals of the decisions of local boards of
352	appeal regarding interpretation decisions of local building
353	officials, or if no local board exists, hear appeals of
354	decisions of the building officials regarding interpretations of
355	the code.  For such appeals:
356	1.  Local decisions declaring structures to be unsafe and
357	subject to repair or demolition shall not be appealable to the
358	commission if the local governing body finds there is an
359	immediate danger to the health and safety of its citizens.
360	2.  All appeals shall be heard in the county of the
361	jurisdiction defending the appeal.
362	3.  Hearings shall be conducted pursuant to chapter 120 and
363	the uniform rules of procedure, and decisions of the commission
364	are subject to judicial review pursuant to s. 120.68.
365	(f)(i)  Determine the types of products which may be
366	approved by the commission requiring approval for local or
367	statewide use and shall provide for the evaluation and approval
368	of such products, materials, devices, and method of construction
369	for statewide use. The commission may prescribe by rule a
370	schedule of reasonable fees to provide for evaluation and
371	approval of products, materials, devices, and methods of
372	construction. Evaluation and approval shall be by action of the
373	commission or delegated pursuant to s. 553.842. This paragraph
374	does not apply to products approved by the State Fire Marshal.
375	(g)(j)  Appoint experts, consultants, technical advisers,
376	and advisory committees for assistance and recommendations
377	relating to the major areas addressed in the Florida Building
378	Code.
379	(h)(k)  Establish and maintain a mutual aid program,
380	organized through the department, to provide an efficient supply
381	of various levels of code enforcement personnel, design
382	professionals, commercial property owners, and construction
383	industry individuals, to assist in the rebuilding effort in an
384	area which has been hit with disaster.  The program shall
385	include provisions for:
386	1.  Minimum postdisaster structural, electrical, and
387	plumbing inspections and procedures.
388	2.  Emergency permitting and inspection procedures.
389	3.  Establishing contact with emergency management
390	personnel and other state and federal agencies.
391	(i)(l)  Maintain a list of interested parties for noticing
392	rulemaking workshops and hearings, disseminating information on
393	code adoption, revisions, amendments, and all other such actions
394	which are the responsibility of the commission.
395	(j)(m)  Coordinate with the state and local governments,
396	industry, and other affected stakeholders in the examination of
397	legislative provisions and make recommendations to fulfill the
398	responsibility to develop a consistent, single code.
399	(k)(n)  Provide technical assistance to local building
400	departments in order to implement policies, procedures, and
401	practices which would produce the most cost-effective property
402	insurance ratings.
403	(l)(o)  Develop recommendations for local governments to
404	use when pursuing partial or full privatization of building
405	department functions. The recommendations shall include, but not
406	be limited to, provisions relating to equivalency of service,
407	conflict of interest, requirements for competency, liability,
408	insurance, and long-term accountability.
409	(2)  Upon written application by any substantially affected
410	person, the commission shall issue a declaratory statement
411	pursuant to s. 120.565 relating to a state agency's
412	interpretation and enforcement of the specific provisions of the
413	Florida Building Code the agency is authorized to enforce. The
414	provisions of this subsection shall not be construed to provide
415	any powers, other than advisory, to the commission with respect
416	to any decision of the State Fire Marshal made pursuant to the
417	provisions of chapter 633.
418	(3)  The commission may designate a commission member with
419	demonstrated expertise in interpreting building plans to attend
420	each meeting of the advisory council created in s. 553.512.  The
421	commission member may vary from meeting to meeting, shall serve
422	on the council in a nonvoting capacity, and shall receive per
423	diem and expenses as provided in s. 553.74(3).
424	(2)(4)  For educational and public information purposes,
425	the commission shall develop and publish an informational and
426	explanatory document which contains descriptions of the roles
427	and responsibilities of the licensed design professional,
428	residential designer, contractor, and local building and fire
429	code officials. The State Fire Marshal shall be responsible for
430	developing and specifying roles and responsibilities for fire
431	code officials. Such document may also contain descriptions of
432	roles and responsibilities of other participants involved in the
433	building codes system.
434	(3)(5)  The commission may provide by rule for plans review
435	and approval of prototype buildings owned by public and private
436	entities to be replicated throughout the state. The rule must
437	allow for review and approval of plans for prototype buildings
438	to be performed by a public or private entity with oversight by
439	the commission. The department may charge reasonable fees to
440	cover the administrative costs of the program. Such approved
441	plans or prototype buildings shall be exempt from further review
442	required by s. 553.79(2), except changes to the prototype
443	design, site plans, and other site-related items. As provided in
444	s. 553.73, prototype buildings are exempt from any locally
445	adopted amendment to any part of the Florida Building Code.
446	Construction or erection of such prototype buildings is subject
447	to local permitting and inspections pursuant to this part.
448	(4)(6)  The commission may produce and distribute a
449	commentary document to accompany the Florida Building Code. The
450	commentary must be limited in effect to providing technical
451	assistance and must not have the effect of binding
452	interpretations of the code document itself.
453	(7)  The commission shall by rule establish an informal
454	process of rendering nonbinding interpretations of the Florida
455	Building Code.  The commission is specifically authorized to
456	refer interpretive issues to organizations that represent those
457	engaged in the construction industry.  The commission is
458	directed to immediately implement the process prior to the
459	completion of formal rulemaking.  It is the intent of the
460	Legislature that the commission create a process to refer
461	questions to a small, rotating group of individuals licensed
462	under part XII of chapter 468, to which a party can pose
463	questions regarding the interpretation of code provisions.  It
464	is the intent of the Legislature that the process provide for
465	the expeditious resolution of the issues presented and
466	publication of the resulting interpretation on the Building Code
467	Information System.  Such interpretations are to be advisory
468	only and nonbinding on the parties or the commission.
469	Section 5.  Section 553.775, Florida Statutes, is created
470	to read:
471	553.775  Interpretations.--
472	(1)  It is the intent of the Legislature that the Florida
473	Building Code be interpreted by building officials, local
474	enforcement agencies, and the commission in a manner that
475	protects the public safety, health, and welfare at the most
476	reasonable cost to the consumer by ensuring uniform
477	interpretations throughout the state and by providing processes
478	for resolving disputes regarding interpretations of the Florida
479	Building Code which are just and expeditious.
480	(2)  Local enforcement agencies, local building officials,
481	state agencies, and the commission shall interpret provisions of
482	the Florida Building Code in a manner that is consistent with
483	declaratory statements and interpretations entered by the
484	commission, except that conflicts between the Florida Fire
485	Prevention Code and the Florida Building Code shall be resolved
486	in accordance with s. 553.73(9)(c) and (d).
487	(3)  The following procedures may be invoked regarding
488	interpretations of the Florida Building Code:
489	(a)  Upon written application by any substantially affected
490	person or state agency or by a local enforcement agency, the
491	commission shall issue declaratory statements pursuant to s.
492	120.565 relating to the enforcement or administration by local
493	governments of the Florida Building Code.
494	(b)  When requested in writing by any substantially
495	affected person or state agency or by a local enforcement
496	agency, the commission shall issue a declaratory statement
497	pursuant to s. 120.565 relating to this part and ss. 515.25,
498	515.27, 515.29, and 515.37. Actions of the commission are
499	subject to judicial review under s. 120.68.
500	(c)  The commission shall review decisions of local
501	building officials and local enforcement agencies regarding
502	interpretations of the Florida Building Code after the local
503	board of appeals has considered the decision, if such board
504	exists, and provided such board of appeals process is concluded
505	within 10 business days.
506	1.  The commission shall coordinate with the Building
507	Officials Association of Florida, Inc., to designate panels
508	composed of five members to hear requests to review decisions of
509	local building officials. The members must be licensed as
510	building code administrators under part XII of chapter 468 and
511	must have experience interpreting and enforcing provisions of
512	the Florida Building Code.
513	2.  Requests to review a decision of a local building
514	official interpreting provisions of the Florida Building Code
515	may be initiated by any substantially affected person, including
516	an owner or builder subject to a decision of a local building
517	official, or an association of owners or builders with members
518	who are subject to a decision of a local building official. In
519	order to initiate review, the substantially affected person must
520	file a petition with the commission. The commission shall adopt
521	a form for the petition, which shall be published on the
522	Building Code Information System. The form shall, at a minimum,
523	require the following:
524	a.  The name and address of the county or municipality in
525	which provisions of the Florida Building Code are being
526	interpreted.
527	b.  The name and address of the local building official who
528	has made the interpretation being appealed.
529	c.  The name, address, and telephone number of the
530	petitioner; the name, address, and telephone number of the
531	petitioner's representative, if any; and an explanation of how
532	the petitioner's substantial interests are being affected by the
533	local interpretation of the Florida Building Code.
534	d.  A statement of the provisions of the Florida Building
535	Code which are being interpreted by the local building official.
536	e.  A statement of the interpretation given to provisions
537	of the Florida Building Code by the local building official and
538	the manner in which the interpretation was rendered.
539	f.  A statement of the interpretation that the petitioner
540	contends should be given to the provisions of the Florida
541	Building Code and a statement supporting the petitioner's
542	interpretation.
543	g.  Space for the local building official to respond in
544	writing. The space shall, at a minimum, require the local
545	building official to respond by providing a statement admitting
546	or denying the statements contained in the petition and a
547	statement of the interpretation of the provisions of the Florida
548	Building Code which the local jurisdiction or the local building
549	official contends is correct, including the basis for the
550	interpretation.
551	3.  The petitioner shall submit the petition to the local
552	building official, who shall place the date of receipt on the
553	petition. The local building official shall respond to the
554	petition in accordance with the form and shall return the
555	petition along with his or her response to the petitioner within
556	5 days after receipt, exclusive of Saturdays, Sundays, and legal
557	holidays. The petitioner may file the petition with the
558	commission at any time after the local building official
559	provides a response. If no response is provided by the local
560	building official, the petitioner may file the petition with the
561	commission 10 days after submission of the petition to the local
562	building official and shall note that the local building
563	official did not respond.
564	4.  Upon receipt of a petition that meets the requirements
565	of subparagraph 2., the commission shall immediately provide
566	copies of the petition to a panel, and the commission shall
567	publish the petition, including any response submitted by the
568	local building official, on the Building Code Information System
569	in a manner that allows interested persons to address the issues
570	by posting comments.
571	5.  The panel shall conduct proceedings as necessary to
572	resolve the issues; shall give due regard to the petitions, and
573	the response, and to comments posed on the Building Code
574	Information System; and shall issue an interpretation regarding
575	the provisions of the Florida Building Code within 21 days after
576	the filing of the petition. The panel shall render a
577	determination based upon the Florida Building Code or, if the
578	code is ambiguous, the intent of the code. The panel's
579	interpretation shall be provided to the commission, which shall
580	publish the interpretation on the Building Code Information
581	System and in the Florida Administrative Weekly. The
582	interpretation shall be considered an interpretation entered by
583	the commission, and shall be binding upon the parties and upon
584	all jurisdictions subject to the Florida Building Code, unless
585	it is superseded by a declaratory statement issued by the
586	Florida Building Commission or by a final order entered after an
587	appeal proceeding conducted in accordance with subparagraph 7.
588	6.  It is the intent of the Legislature that review
589	proceedings be completed within 21 days after the date that a
590	petition seeking review is filed with the commission, and the
591	time periods set forth in this paragraph may be waived only upon
592	consent of all parties.
593	7.  Any substantially affected person may appeal an
594	interpretation rendered by a hearing officer panel by filing a
595	petition with the commission. Such appeals shall be initiated in
596	accordance with chapter 120 and the uniform rules of procedure
597	and must be filed within 30 days after publication of the
598	interpretation on the Building Code Information System or in the
599	Florida Administrative Weekly. Hearings shall be conducted
600	pursuant to chapter 120 and the uniform rules of procedure.
601	Decisions of the commission are subject to judicial review
602	pursuant to s. 120.68. The final order of the commission is
603	binding upon the parties and upon all jurisdictions subject to
604	the Florida Building Code.
605	8.  The burden of proof in any proceeding initiated in
606	accordance with subparagraph 7. shall be on the party who
607	initiated the appeal.
608	9.  In any review proceeding initiated in accordance with
609	this paragraph, including any proceeding initiated in accordance
610	with subparagraph 7., the fact that an owner or builder has
611	proceeded with construction shall not be grounds for determining
612	an issue to be moot if the issue is one that is likely to arise
613	in the future.
614
615	This paragraph provides the exclusive remedy for addressing
616	requests to review local interpretations of the code and appeals
617	from review proceedings.
618	(d)  Local decisions declaring structures to be unsafe and
619	subject to repair or demolition are not subject to review under
620	this subsection and may not be appealed to the commission if the
621	local governing body finds that there is an immediate danger to
622	the health and safety of the public.
623	(e)  Upon written application by any substantially affected
624	person, the commission shall issue a declaratory statement
625	pursuant to s. 120.565 relating to an agency's interpretation
626	and enforcement of the specific provisions of the Florida
627	Building Code which the agency is authorized to enforce. This
628	subsection does not provide any powers, other than advisory, to
629	the commission with respect to any decision of the State Fire
630	Marshal made pursuant to chapter 633.
631	(f)  The commission may designate a commission member with
632	demonstrated expertise in interpreting building plans to attend
633	each meeting of the advisory council created in s. 553.512. The
634	commission member may vary from meeting to meeting, shall serve
635	on the council in a nonvoting capacity, and shall receive per
636	diem and expenses as provided in s. 553.74(3).
637	(g)  The commission shall by rule establish an informal
638	process of rendering nonbinding interpretations of the Florida
639	Building Code. The commission is specifically authorized to
640	refer interpretive issues to organizations that represent those
641	engaged in the construction industry. The commission shall
642	immediately implement the process prior to the completion of
643	formal rulemaking. It is the intent of the Legislature that the
644	commission create a process to refer questions to a small,
645	rotating group of individuals licensed under part XII of chapter
646	468, to which a party may pose questions regarding the
647	interpretation of code provisions. It is the intent of the
648	Legislature that the process provide for the expeditious
649	resolution of the issues presented and publication of the
650	resulting interpretation on the Building Code Information
651	System. Such interpretations shall be advisory only and
652	nonbinding on the parties and the commission.
653	Section 6.  Subsection (14) of section 553.79, Florida
654	Statutes, is amended to read:
655	553.79  Permits; applications; issuance; inspections.--
656	(14)  Certifications by contractors authorized under the
657	provisions of s. 489.115(4)(b) shall be considered equivalent to
658	sealed plans and specifications by a person licensed under
659	chapter 471 or chapter 481 by local enforcement agencies for
660	plans review for permitting purposes relating to compliance with
661	the wind resistance provisions of the code or alternate
662	methodologies approved by the commission for one and two family
663	dwellings. Local enforcement agencies may rely upon such
664	certification by contractors that the plans and specifications
665	submitted conform to the requirements of the code for wind
666	resistance. Upon good cause shown, local government code
667	enforcement agencies may accept or reject plans sealed by
668	persons licensed under chapter 471, chapter 481, or chapter 489.
669	A truss-placement plan is not required to be signed and sealed
670	by an engineer or architect unless prepared by an engineer or
671	architect or specifically required by the Florida Building Code.
672	Section 7.  Subsections (2) and (4), paragraph (a) of
673	subsection (6), subsection (11), paragraphs (b) and (c) of
674	subsection (12), and subsections (14) and (15) of section
675	553.791, Florida Statutes, are amended to read:
676	553.791  Alternative plans review and inspection.--
677	(2)  Notwithstanding any other provision of law or local
678	government ordinance or local policy to the contrary, the fee
679	owner of a building, or the fee owner's contractor upon written
680	authorization from the fee owner, may choose to use a private
681	provider to provide building code inspection services with
682	regard to such building and may make payment directly to the
683	private provider for the provision of such services.  All such
684	services shall be the subject of a written contract between the
685	private provider, or the private provider's firm, and the fee
686	owner. The fee owner may elect to use a private provider to
687	provide either plans review or required building inspections.
688	The local building official, in his or her discretion and
689	pursuant to duly adopted policies of the local enforcement
690	agency, may require the fee owner who desires to use a private
691	provider to use the private provider to provide both plans
692	review and required building inspection services.
693	(4)  A fee owner or the fee owner's contractor using a
694	private provider to provide building code inspection services
695	shall notify the local building official at the time of permit
696	application or no less than 1 week prior to a private provider's
697	providing building code inspection services on a form to be
698	adopted by the commission. This notice shall include the
699	following information:
700	(a)  The services to be performed by the private provider.
701	(b)  The name, firm, address, telephone number, and
702	facsimile number of each private provider who is performing or
703	will perform such services, his or her professional license or
704	certification number, qualification statements or resumes, and,
705	if required by the local building official, a certificate of
706	insurance demonstrating that professional liability insurance
707	coverage is in place for the private provider's firm, the
708	private provider, and any duly authorized representative in the
709	amounts required by this section.
710	(c)  An acknowledgment from the fee owner in substantially
711	the following form:
712
713	I have elected to use one or more private providers to
714	provide building code plans review and/or inspection
715	services on the building that is the subject of the
716	enclosed permit application, as authorized by s.
717	553.791, Florida Statutes.  I understand that the
718	local building official may not review the plans
719	submitted or perform the required building inspections
720	to determine compliance with the applicable codes,
721	except to the extent specified in said law.  Instead,
722	plans review and/or required building inspections will
723	be performed by licensed or certified personnel
724	identified in the application. The law requires
725	minimum insurance requirements for such personnel, but
726	I understand that I may require more insurance to
727	protect my interests.  By executing this form, I
728	acknowledge that I have made inquiry regarding the
729	competence of the licensed or certified personnel and
730	the level of their insurance and am satisfied that my
731	interests are adequately protected. I agree to
732	indemnify, defend, and hold harmless the local
733	government, the local building official, and their
734	building code enforcement personnel from any and all
735	claims arising from my use of these licensed or
736	certified personnel to perform building code
737	inspection services with respect to the building that
738	is the subject of the enclosed permit application.
739
740	If the fee owner or the fee owner's contractor makes any changes
741	to the listed private providers or the services to be provided
742	by those private providers, the fee owner or the fee owner's
743	contractor shall, within 1 business day after any change, update
744	the notice to reflect such changes.
745	(6)(a)  No more than Within 30 business days after receipt
746	of a permit application and the affidavit from the private
747	provider required pursuant to subsection (5), the local building
748	official shall issue the requested permit or provide a written
749	notice to the permit applicant identifying the specific plan
750	features that do not comply with the applicable codes, as well
751	as the specific code chapters and sections.  If the local
752	building official does not provide a written notice of the plan
753	deficiencies within the prescribed 30-day period, the permit
754	application shall be deemed approved as a matter of law, and the
755	permit shall be issued by the local building official on the
756	next business day.
757	(11)  No more than Within 2 business days after receipt of
758	a request for a certificate of occupancy or certificate of
759	completion and the applicant's presentation of a certificate of
760	compliance and approval of all other government approvals
761	required by law, the local building official shall issue the
762	certificate of occupancy or certificate of completion or provide
763	a notice to the applicant identifying the specific deficiencies,
764	as well as the specific code chapters and sections.  If the
765	local building official does not provide notice of the
766	deficiencies within the prescribed 2-day period, the request for
767	a certificate of occupancy or certificate of completion shall be
768	deemed granted and the certificate of occupancy or certificate
769	of completion shall be issued by the local building official on
770	the next business day.  To resolve any identified deficiencies,
771	the applicant may elect to dispute the deficiencies pursuant to
772	subsection (12) or to submit a corrected request for a
773	certificate of occupancy or certificate of completion.
774	(12)  If the local building official determines that the
775	building construction or plans do not comply with the applicable
776	codes, the official may deny the permit or request for a
777	certificate of occupancy or certificate of completion, as
778	appropriate, or may issue a stop-work order for the project or
779	any portion thereof, if the official determines that such
780	noncompliance poses a threat to public safety and welfare,
781	subject to the following:
782	(b)  If the local building official and private provider
783	are unable to resolve the dispute, the matter shall be referred
784	to the local enforcement agency's board of appeals, if one
785	exists, which shall consider the matter at its next scheduled
786	meeting or sooner. Any decisions by the local enforcement
787	agency's board of appeals, or local building official if there
788	is no board of appeals, may be appealed to the commission
789	pursuant to s. 553.775 553.77(1)(h).
790	(c)  Notwithstanding any provision of this section, any
791	decisions regarding the issuance of a building permit,
792	certificate of occupancy, or certificate of completion may be
793	reviewed by the local enforcement agency's board of appeals, if
794	one exists. Any decision by the local enforcement agency's board
795	of appeals, or local building official if there is no board of
796	appeals, may be appealed to the commission pursuant to s.
797	553.775 553.77(1)(h), which shall consider the matter at the
798	commission's next scheduled meeting.
799	(14)  No local enforcement agency, local building official,
800	or local government may adopt or enforce any laws, rules,
801	procedures, policies, or standards more stringent than those
802	prescribed by this section.
803	(15)  A private provider may perform building code
804	inspection services under this section only if the private
805	provider maintains insurance for professional and comprehensive
806	general liability with minimum policy limits of $1 million per
807	occurrence covering relating to all services performed as a
808	private provider. If the private provider chooses to secure
809	claims-made coverage to fulfill this requirement, the private
810	provider must also maintain, including tail coverage for a
811	minimum of 5 years subsequent to the performance of building
812	code inspection services. Occurrence-based coverage shall not be
813	subject to any tail coverage requirement.
814	Section 8.  Paragraph (d) of subsection (1) of section
815	553.80, Florida Statutes, is amended, and subsection (7) is
816	added to said section, to read:
817	553.80  Enforcement.--
818	(1)  Except as provided in paragraphs (a)-(f), each local
819	government and each legally constituted enforcement district
820	with statutory authority shall regulate building construction
821	and, where authorized in the state agency's enabling
822	legislation, each state agency shall enforce the Florida
823	Building Code required by this part on all public or private
824	buildings, structures, and facilities, unless such
825	responsibility has been delegated to another unit of government
826	pursuant to s. 553.79(9).
827	(d)  Building plans approved pursuant to s. 553.77(3)(5)
828	and state-approved manufactured buildings, including buildings
829	manufactured and assembled offsite and not intended for
830	habitation, such as lawn storage buildings and storage sheds,
831	are exempt from local code enforcing agency plan reviews except
832	for provisions of the code relating to erection, assembly, or
833	construction at the site. Erection, assembly, and construction
834	at the site are subject to local permitting and inspections.
835
836	The governing bodies of local governments may provide a schedule
837	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
838	section, for the enforcement of the provisions of this part.
839	Such fees shall be used solely for carrying out the local
840	government's responsibilities in enforcing the Florida Building
841	Code. The authority of state enforcing agencies to set fees for
842	enforcement shall be derived from authority existing on July 1,
843	1998. However, nothing contained in this subsection shall
844	operate to limit such agencies from adjusting their fee schedule
845	in conformance with existing authority.
846	(7)  The governing bodies of local governments may provide
847	a schedule of reasonable fees, as authorized by s. 125.56(2) or
848	s. 166.222 and this section, for enforcing this part. These
849	fees, and any fines or investment earnings related to the fees,
850	shall be used solely for carrying out the local government's
851	responsibilities in enforcing the Florida Building Code. When
852	providing a schedule of reasonable fees, the total estimated
853	annual revenue derived from fees, and the fines and investment
854	earnings related to the fees, may not exceed the total estimated
855	annual costs of allowable activities. Any unexpended balances
856	shall be carried forward to future years for allowable
857	activities or shall be refunded at the discretion of the local
858	government. The basis for a fee structure for allowable
859	activities shall relate to the level of service provided by the
860	local government. Fees charged shall be consistently applied.
861	(a)  As used in this subsection, the phrase "enforcing the
862	Florida Building Code" includes the direct costs and reasonable
863	indirect costs associated with review of building plans,
864	building inspections, reinspections, building permit processing,
865	and building code enforcement. The phrase may also include
866	training costs associated with the enforcement of the Florida
867	Building Code and enforcement action pertaining to unlicensed
868	contractor activity to the extent not funded by other user fees.
869	(b)  The following activities shall not be funded with fees
870	adopted for enforcing the Florida Building Code:
871	1.  Planning and zoning or other general government
872	activities.
873	2.  Inspections of public buildings for a reduced fee or no
874	fee.
875	3.  Public information requests, community functions,
876	boards, and any program not directly related to enforcement of
877	the Florida Building Code.
878	4.  Enforcement and implementation of any other local
879	ordinance, excluding validly adopted local amendments to the
880	Florida Building Code and excluding any local ordinance directly
881	related to enforcing the Florida Building Code as defined in
882	paragraph (a).
883	(c)  A local government shall use recognized management,
884	accounting, and oversight practices to ensure that fees, fines,
885	and investment earnings generated under this subsection are
886	maintained and allocated or used solely for the purposes
887	described in paragraph (a).
888	Section 9.  The Florida Building Commission shall expedite
889	the adoption and implementation of the State Existing Building
890	Code as part of the Florida Building Code pursuant only to the
891	provisions of chapter 120, Florida Statutes. The special update
892	and amendment requirements of s. 553.73, Florida Statutes, and
893	the administrative rule requiring additional delay time between
894	adoption and implementation of such code are waived.
895	Section 10.  Paragraph (c) is added to subsection (17) of
896	section 120.80, Florida Statutes, to read:
897	120.80  Exceptions and special requirements; agencies.--
898	(17)  FLORIDA BUILDING COMMISSION.--
899	(c)  Notwithstanding ss. 120.565, 120.569, and 120.57, the
900	Florida Building Commission and hearing officer panels appointed
901	by the commission in accordance with s. 553.775(3)(c)1. may
902	conduct proceedings to review decisions of local building code
903	officials in accordance with s. 553.775(3)(c).
904	Section 11.  Section 553.841, Florida Statutes, is amended
905	to read:
906	553.841  Building Code Training Program code training
907	program; participant competency requirements.--
908	(1)  The Legislature finds that the effectiveness of the
909	building codes of this state depends on the performance of all
910	participants, as demonstrated through knowledge of the codes and
911	commitment to compliance with code directives and that to
912	strengthen compliance by industry and enforcement by government,
913	a Building Code Training Program is needed.
914	(1)(2)  The commission shall establish by rule the Building
915	Code Training Program to develop and provide a core curriculum
916	and offer voluntary accreditation of advance module courses
917	relating to the Florida Building Code and its enforcement a
918	system of administering and enforcing the Florida Building Code.
919	(3)  The program shall be developed, implemented, and
920	administered by the commission in consultation with the
921	Department of Education, the Department of Community Affairs,
922	the Department of Business and Professional Regulation, the
923	State Fire Marshal, the State University System, and the
924	Division of Community Colleges.
925	(4)  The commission may enter into contracts with the
926	Department of Education, the State University System, the
927	Division of Community Colleges, model code organizations,
928	professional organizations, vocational-technical schools, trade
929	organizations, and private industry to administer the program.
930	(2)(5)  The program shall be affordable, accessible,
931	meaningful, financially self-sufficient and shall make maximum
932	use of existing sources, systems, institutions, and programs
933	available through private sources.
934	(3)(6)  The commission, in coordination with the Department
935	of Community Affairs, the Department of Business and
936	Professional Regulation, the respective licensing boards, and
937	the State Fire Marshal shall develop or cause to be developed:
938	(a)  a core curriculum that the professional licensing
939	boards may designate as a which is prerequisite to initial
940	licensure for those licensees not subject to testing on the
941	Florida Building Code as a condition of licensure. These
942	entities shall also identify subject areas that are inadequately
943	addressed by specialized and advanced courses all specialized
944	and advanced module coursework.
945	(b)  A set of specialized and advanced modules specifically
946	designed for use by each profession.
947	(4)(7)  The core curriculum shall cover the information
948	required to have all categories of participants appropriately
949	informed as to their technical and administrative
950	responsibilities in the effective execution of the code process
951	by all individuals currently licensed under part XII of chapter
952	468, chapter 471, chapter 481, or chapter 489, except as
953	otherwise provided in s. 471.017.  The core curriculum shall be
954	prerequisite to the advanced module coursework for all licensees
955	and shall be completed by individuals licensed in all categories
956	under part XII of chapter 468, chapter 471, chapter 481, or
957	chapter 489 by the date of license renewal in 2004 within the
958	first 2-year period after establishment of the program. All
959	approved courses Core course hours taken by licensees pursuant
960	to this section to complete this requirement shall count toward
961	fulfillment of required continuing education units under part
962	XII of chapter 468, chapter 471, chapter 481, or chapter 489.
963	(8)  The commission, in consultation with the Department of
964	Business and Professional Regulation and the respective
965	licensing boards, shall develop or cause to be developed an
966	equivalency test for each category of licensee.  Such test may
967	be taken in lieu of the core curriculum. A passing score on the
968	test shall be equivalent to completion of the core curriculum
969	and shall be credited toward the required number of hours of
970	continuing education.
971	(5)(9)  The commission, in consultation with the Department
972	of Business and Professional Regulation, shall develop or cause
973	to be developed, or approve as a part of the program,
974	appropriate courses a core curriculum and specialized or
975	advanced module coursework for the construction workforce,
976	including, but not limited to, superintendents and journeymen.
977	(6)(10)  The respective state boards under part XII of
978	chapter 468, chapters 471, 481, and 489, and the State Fire
979	Marshal under chapter 633, shall require specialized or advanced
980	course modules as part of their regular continuing education
981	requirements. Courses approved by the Department of Business and
982	Professional Regulation as required by their respective practice
983	acts and chapter 455 shall be deemed approved by the Florida
984	Building Commission.
985	(7)(11)  The Legislature hereby establishes the Office of
986	Building Code Training Program Administration within the
987	Institute of Applied Technology in Construction Excellence at
988	the Florida Community College at Jacksonville. The office is
989	charged with the following responsibilities as recommended by
990	the Florida Building Commission and as resources are provided by
991	the Legislature:
992	(a)  Provide research-to-practice capability for entry-
993	level construction training development, delivery and quality
994	assurance, as well as training and competency registry systems
995	and recruitment initiatives.
996	(b)  Coordinate with the Department of Community Affairs
997	and the Florida Building Commission to serve as school liaison
998	to disseminate construction awareness and promotion programs and
999	materials to schools.
1000	(c)  Develop model programs and approaches to construction
1001	career exploration to promote construction careers.
1002	Section 12.  Subsection (3) of section 553.8412, Florida
1003	Statutes, is amended to read:
1004	553.8412  Legislative intent; delivery of training;
1005	outsourcing.--
1006	(3)  To the extent available, funding for outreach,
1007	coordination of training, or training may come from existing
1008	resources. If necessary, the Florida Building Commission or the
1009	department may seek additional or supplemental funds pursuant to
1010	s. 215.559(5). This section does not preclude the Florida
1011	Building Commission from charging fees to fund the building code
1012	training program in a self-sufficient manner as provided in s.
1013	553.841(2)(5).
1014	Section 13.  Subsections (3), (4), (5), (6), (7), (8),
1015	paragraph (a) of subsection (9), and subsection (16) of section
1016	553.842, Florida Statutes, are amended to read:
1017	553.842  Product evaluation and approval.--
1018	(3)  Products or methods or systems of construction that
1019	require approval under s. 553.77, that have standardized testing
1020	or comparative or rational analysis methods established by the
1021	code, and that are certified by an approved product evaluation
1022	entity, testing laboratory, or certification agency as complying
1023	with the standards specified by the code shall be approved for
1024	local or statewide use. Products required to be approved for
1025	statewide use shall be approved by one of the methods
1026	established in subsection (6) without further evaluation.
1027	(4)  By October 1, 2003, Products or methods or systems of
1028	construction requiring approval under s. 553.77 must be approved
1029	by one of the methods established in subsection (5) or
1030	subsection (6) before their use in construction in this state.
1031	Products may be approved either by the commission for statewide
1032	use, or by a local building department for use in that
1033	department's jurisdiction only. Notwithstanding a local
1034	government's authority to amend the Florida Building Code as
1035	provided in this act, statewide approval shall preclude local
1036	jurisdictions from requiring further testing, evaluation, or
1037	submission of other evidence as a condition of using the product
1038	so long as the product is being used consistent with the
1039	conditions of its approval.
1040	(5)  Local approval of products or methods or systems of
1041	construction may be achieved by the local building official
1042	through building plans review and inspection to determine that
1043	the product, method, or system of construction complies with the
1044	prescriptive standards established in the code. Alternatively,
1045	local approval may be achieved by one of the methods established
1046	in subsection (6).
1047	(6)  Statewide or local approval of products, methods, or
1048	systems of construction may be achieved by one of the following
1049	methods. One of these methods must be used by local officials or
1050	the commission to approve the following categories of products:
1051	panel walls, exterior doors, roofing, skylights, windows,
1052	shutters, and structural components as established by the
1053	commission by rule.
1054	(a)  Products for which the code establishes standardized
1055	testing or comparative or rational analysis methods shall be
1056	approved by submittal and validation of one of the following
1057	reports or listings indicating that the product or method or
1058	system of construction was evaluated to be in compliance with
1059	the Florida Building Code and that the product or method or
1060	system of construction is, for the purpose intended, at least
1061	equivalent to that required by the Florida Building Code:
1062	1.  A certification mark or listing of an approved
1063	certification agency;
1064	2.  A test report from an approved testing laboratory;
1065	3.  A product evaluation report based upon testing or
1066	comparative or rational analysis, or a combination thereof, from
1067	an approved product evaluation entity; or
1068	4.  A product evaluation report based upon testing or
1069	comparative or rational analysis, or a combination thereof,
1070	developed and signed and sealed by a professional engineer or
1071	architect, licensed in this state.
1072
1073	A product evaluation report or a certification mark or listing
1074	of an approved certification agency which demonstrates that the
1075	product or method or system of construction complies with the
1076	Florida Building Code for the purpose intended shall be
1077	equivalent to a test report and test procedure as referenced in
1078	the Florida Building Code.
1079	(b)  Products, methods, or systems of construction for
1080	which there are no specific standardized testing or comparative
1081	or rational analysis methods established in the code may be
1082	approved by submittal and validation of one of the following:
1083	1.  A product evaluation report based upon testing or
1084	comparative or rational analysis, or a combination thereof, from
1085	an approved product evaluation entity indicating that the
1086	product or method or system of construction was evaluated to be
1087	in compliance with the intent of the Florida Building Code and
1088	that the product or method or system of construction is, for the
1089	purpose intended, at least equivalent to that required by the
1090	Florida Building Code; or
1091	2.  A product evaluation report based upon testing or
1092	comparative or rational analysis, or a combination thereof,
1093	developed and signed and sealed by a professional engineer or
1094	architect, licensed in this state, who certifies that the
1095	product or method or system of construction is, for the purpose
1096	intended, at least equivalent to that required by the Florida
1097	Building Code.
1098	(7)  The commission shall ensure that product manufacturers
1099	that obtain statewide product approval operate quality assurance
1100	programs for all approved products. The commission shall adopt
1101	by rule criteria for operation of the quality assurance
1102	programs.
1103	(8)  For local approvals, validation shall be performed by
1104	the local building official. The commission shall adopt by rule
1105	criteria constituting complete validation by the local official,
1106	including, but not limited to, criteria governing verification
1107	of a quality assurance program. For state approvals, validation
1108	shall be performed by validation entities approved by the
1109	commission. The commission shall adopt by rule criteria for
1110	approval of validation entities, which shall be third-party
1111	entities independent of the product's manufacturer and which
1112	shall certify to the commission the product's compliance with
1113	the code. Products bearing a certification mark or listing from
1114	an approved certification agency shall be validated by
1115	inspection of the certification mark or listing.
1116	(9)  The commission may adopt rules to approve the
1117	following types of entities that produce information on which
1118	product approvals are based. All of the following entities,
1119	including engineers and architects, must comply with a
1120	nationally recognized standard demonstrating independence or no
1121	conflict of interest:
1122	(a)  Evaluation entities that meet the criteria for
1123	approval adopted by the commission by rule. The commission shall
1124	specifically approve the National Evaluation Service, the
1125	International Conference of Building Officials Evaluation
1126	Services, the International Code Council Evaluation Services,
1127	the Building Officials and Code Administrators International
1128	Evaluation Services, the Southern Building Code Congress
1129	International Evaluation Services, and the Miami-Dade County
1130	Building Code Compliance Office Product Control. Architects and
1131	engineers licensed in this state are also approved to conduct
1132	product evaluations as provided in subsection (6).
1133	(16)  The commission shall establish a schedule for
1134	adoption of the rules required in this section to ensure that
1135	the product manufacturing industry has sufficient time to revise
1136	products to meet the requirements for approval and submit them
1137	for testing or evaluation before the system takes effect on
1138	October 1, 2003, and to ensure that the availability of
1139	statewide approval is not delayed.
1140	Section 14.  This act shall take effect upon becoming a
1141	law.

CODING: Words stricken are deletions; words underlined are additions.