CS for CS for SB 396                             First Engrossed
       
       
       
       
       
       
       
       
       2011396e1
       
    1                        A bill to be entitled                      
    2         An act relating to building construction and
    3         inspection; amending s. 120.541, F.S.; providing that
    4         the issuance of a statement of estimated regulatory
    5         costs does not apply to updates of or modifications to
    6         the Florida Building Code or the Florida Fire
    7         Prevention Code; amending s. 161.053, F.S.;
    8         prohibiting the Florida Building Commission from
    9         adopting rules that limit any exceptions or exemptions
   10         provided for modifications or repairs of existing
   11         structures within the limits of an existing foundation
   12         under certain circumstances; amending s. 255.252,
   13         F.S.; conforming provisions to changes made by the
   14         act; amending s. 255.253, F.S.; defining the term
   15         “sustainable building rating or national model green
   16         building code” to include the International Green
   17         Construction Code; amending ss. 255.257 and 255.2575,
   18         F.S.; requiring that state agencies, local
   19         governments, and the court system adopt a sustainable
   20         building rating system or national model green
   21         building code for new and renovated buildings;
   22         amending s. 468.8316, F.S.; revising the continuing
   23         education requirements for licensed home inspectors;
   24         amending s. 468.8319, F.S.; deleting an exemption for
   25         certain contractors from the prohibition against
   26         performing repairs on a home that has a home
   27         inspection report; deleting an obsolete provision;
   28         amending s. 468.8323, F.S.; clarifying a provision
   29         relating to the contents of a home inspection report;
   30         amending s. 468.8324, F.S.; providing alternative
   31         criteria for obtaining a home inspector’s license;
   32         removing certain application requirements for a person
   33         who performs home inspection services and who
   34         qualifies for licensure on or before a specified date;
   35         amending s. 468.841, F.S.; adding licensed home
   36         inspectors to those who are exempt from complying with
   37         provisions related to mold assessment; amending s.
   38         481.329, F.S.; providing that part II of ch. 481,
   39         F.S., does not preclude any person who engages in the
   40         business of landscape design from submitting such
   41         plans to governmental agencies for approval; amending
   42         s. 489.103, F.S.; clarifying an exemption from
   43         construction contracting regulation relating to
   44         Habitat for Humanity; amending s. 489.105, F.S.;
   45         adding the term “glass and glazing contractors” to the
   46         definition of the term “contractor”; amending ss.
   47         489.107 and 489.141, F.S.; conforming cross
   48         references; amending s. 514.028, F.S.; revising the
   49         composition of the advisory review board relating to
   50         public swimming pools and bathing facilities; amending
   51         s. 527.06, F.S.; prohibiting the Department of
   52         Agriculture and Consumer Services and other state
   53         agencies from requiring compliance with certain
   54         national standards for liquefied petroleum gas tanks
   55         unless the department or agencies require compliance
   56         with a specified edition of the national standards;
   57         providing that if the Department of Agriculture and
   58         Consumer Services and other state agencies adopt the
   59         minimum separation distances of the NFPA codes, the
   60         rules are repealed by a specified date; amending s.
   61         527.21, F.S.; revising the term “propane” for purposes
   62         of the Florida Propane Gas Education, Safety, and
   63         Research Act, to incorporate changes to certain
   64         national standards in a reference thereto; amending s.
   65         553.502, F.S.; revising intent with respect to the
   66         Florida Americans with Disabilities Act; amending s.
   67         553.503, F.S.; incorporating the Americans with
   68         Disabilities Act Standards for Accessible Design into
   69         state law by reference and directing that they be
   70         adopted by rule into the Florida Accessibility Code
   71         for Building Construction; amending s. 553.504, F.S.;
   72         revising exceptions to incorporate the standards;
   73         amending s. 553.5041, F.S.; revising provisions
   74         relating to parking spaces for persons who have
   75         disabilities to incorporate the standards; amending
   76         ss. 553.505 and 553.506, F.S.; conforming provisions
   77         to changes made by the act; amending s. 553.507, F.S.;
   78         providing for the applicability of the act; amending
   79         s. 553.509, F.S.; revising provisions relating to
   80         vertical accessibility to incorporate the standards;
   81         providing that buildings and facilities in this state
   82         do not have to comply with the changes provided by
   83         this act until the Florida Accessibility Code for
   84         Building Construction is updated; amending s. 553.73,
   85         F.S.; revising requirements relating to the Florida
   86         Building Code; specifying national codes to form the
   87         foundation for state building standards and codes;
   88         providing for the incorporation of amendments into the
   89         Florida Building Code; requiring proposed amendments
   90         to the code to demonstrate a need for the amendment;
   91         providing an additional exemption from wind-borne
   92         debris standards for certain storage sheds; amending
   93         s. 553.74, F.S.; revising requirements for selecting a
   94         member of the Florida Building Commission; amending s.
   95         553.842, F.S.; providing for the approval of certain
   96         windstorm products; providing a cause of action
   97         against any person who advertises, sells, offers,
   98         provides, distributes, or markets certain products
   99         without approval; repealing s. 553.9061, F.S.,
  100         relating to a schedule of increases in the energy
  101         performance of buildings subject to the Florida Energy
  102         Efficiency Code for Building Construction; amending s.
  103         553.909, F.S.; revising the requirements for certain
  104         pool-related equipment; amending s. 627.711, F.S.;
  105         revising requirements relating to home inspectors
  106         conducting hurricane mitigation inspections; providing
  107         effective dates.
  108  
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Subsection (4) of section 120.541, Florida
  112  Statutes, as amended by chapter 2010-279, Laws of Florida, is
  113  amended to read:
  114         120.541 Statement of estimated regulatory costs.—
  115         (4) Subsection (3) Paragraph (2)(a) does not apply to the
  116  adoption of:
  117         (a)emergency rules pursuant to s. 120.54(4) or the
  118  adoption of Federal standards pursuant to s. 120.54(6).
  119         (b) Updates of or modifications to the Florida Building
  120  Code pursuant to s. 553.73.
  121         (c) Updates of or modifications to the Florida Fire
  122  Prevention Code pursuant to s. 633.0215.
  123         Section 2. Paragraph (a) of subsection (11) of section
  124  161.053, Florida Statutes, is amended to read:
  125         161.053 Coastal construction and excavation; regulation on
  126  county basis.—
  127         (11)(a) The coastal construction control requirements
  128  defined in subsection (1) and the requirements of the erosion
  129  projections in subsection (5) do not apply to any modification,
  130  maintenance, or repair of any existing structure within the
  131  limits of the existing foundation which does not require,
  132  involve, or include any additions to, or repair or modification
  133  of, the existing foundation of that structure. Specifically
  134  excluded from this exemption are seawalls or other rigid coastal
  135  or shore protection structures and any additions or enclosures
  136  added, constructed, or installed below the first dwelling floor
  137  or lowest deck of the existing structure. The Florida Building
  138  Commission may not adopt any rule having the effect of limiting
  139  any exceptions or exemptions contained within this paragraph.
  140         Section 3. Subsections (3) and (4) of section 255.252,
  141  Florida Statutes, are amended to read:
  142         255.252 Findings and intent.—
  143         (3) In order for that such energy-efficiency and
  144  sustainable materials considerations to become a function of
  145  building design and a model for future application in the
  146  private sector, it is shall be the policy of the state that
  147  buildings constructed and financed by the state be designed and
  148  constructed to comply with a sustainable building rating or a
  149  national model green building code the United States Green
  150  Building Council (USGBC) Leadership in Energy and Environmental
  151  Design (LEED) rating system, the Green Building Initiative’s
  152  Green Globes rating system, the Florida Green Building Coalition
  153  standards, or a nationally recognized, high-performance green
  154  building rating system as approved by the department. It is
  155  further the policy of the state, if when economically feasible,
  156  to retrofit existing state-owned buildings in a manner that
  157  minimizes which will minimize the consumption of energy used in
  158  the operation and maintenance of such buildings.
  159         (4) In addition to designing and constructing new buildings
  160  to be energy-efficient, it is shall be the policy of the state
  161  to operate and maintain state facilities in a manner that
  162  minimizes which will minimize energy consumption and maximizes
  163  maximize building sustainability, and to operate as well as
  164  ensure that facilities leased by the state are operated so as to
  165  minimize energy use. It is further the policy of the state that
  166  the renovation of existing state facilities be in accordance
  167  with a sustainable building rating or a national model green
  168  building code the United States Green Building Council (USGBC)
  169  Leadership in Energy and Environmental Design (LEED) rating
  170  system, the Green Building Initiative’s Green Globes rating
  171  system, the Florida Green Building Coalition standards, or a
  172  nationally recognized, high-performance green building rating
  173  system as approved by the department. State agencies are
  174  encouraged to consider shared savings financing of such energy
  175  efficiency and conservation projects, using contracts that which
  176  split the resulting savings for a specified period of time
  177  between the state agency and the private firm or cogeneration
  178  contracts and that which otherwise permit the state to lower its
  179  net energy costs. Such energy contracts may be funded from the
  180  operating budget.
  181         Section 4. Subsection (7) of section 255.253, Florida
  182  Statutes, is amended to read:
  183         255.253 Definitions; ss. 255.251-255.258.—
  184         (7) “Sustainable building rating or national model green
  185  building code” means a rating system established by the United
  186  States Green Building Council (USGBC) Leadership in Energy and
  187  Environmental Design (LEED) rating system, the International
  188  Green Construction Code (IGCC), the Green Building Initiative’s
  189  Green Globes rating system, the Florida Green Building Coalition
  190  standards, or a nationally recognized, high-performance green
  191  building rating system as approved by the department.
  192         Section 5. Subsection (4) of section 255.257, Florida
  193  Statutes, is amended to read:
  194         255.257 Energy management; buildings occupied by state
  195  agencies.—
  196         (4) ADOPTION OF STANDARDS.—
  197         (a) All state agencies shall adopt a sustainable building
  198  rating system or use a national model green building code the
  199  United States Green Building Council (USGBC) Leadership in
  200  Energy and Environmental Design (LEED) rating system, the Green
  201  Building Initiative’s Green Globes rating system, the Florida
  202  Green Building Coalition standards, or a nationally recognized,
  203  high-performance green building rating system as approved by the
  204  department for all new buildings and renovations to existing
  205  buildings.
  206         (b) No state agency shall enter into new leasing agreements
  207  for office space that does not meet Energy Star building
  208  standards, except when determined by the appropriate state
  209  agency head determines that no other viable or cost-effective
  210  alternative exists.
  211         (c) All state agencies shall develop energy conservation
  212  measures and guidelines for new and existing office space where
  213  state agencies occupy more than 5,000 square feet. These
  214  conservation measures shall focus on programs that may reduce
  215  energy consumption and, when established, provide a net
  216  reduction in occupancy costs.
  217         Section 6. Subsection (2) of section 255.2575, Florida
  218  Statutes, is amended to read:
  219         255.2575 Energy-efficient and sustainable buildings.—
  220         (2) All county, municipal, school district, water
  221  management district, state university, community college, and
  222  Florida state court buildings shall be constructed to comply
  223  with a sustainable building rating system or a national model
  224  green building code meet the United States Green Building
  225  Council (USGBC) Leadership in Energy and Environmental Design
  226  (LEED) rating system, the Green Building Initiative’s Green
  227  Globes rating system, the Florida Green Building Coalition
  228  standards, or a nationally recognized, high-performance green
  229  building rating system as approved by the Department of
  230  Management Services. This section applies shall apply to all
  231  county, municipal, school district, water management district,
  232  state university, community college, and Florida state court
  233  buildings the architectural plans of which are commenced after
  234  July 1, 2008.
  235         Section 7. Subsection (1) of section 468.8316, Florida
  236  Statutes, is amended to read:
  237         468.8316 Continuing education.—
  238         (1) The department may not renew a license until the
  239  licensee submits proof satisfactory to the department that
  240  during the 2 years before prior to his or her application for
  241  renewal the licensee has completed at least 14 hours of
  242  continuing education. Of the 14 hours, at least 2 hours must be
  243  in hurricane mitigation training that includes hurricane
  244  mitigation techniques and compliance with the uniform mitigation
  245  verification inspection form developed under s. 627.711(2). The
  246  department shall adopt rules establishing criteria for approving
  247  continuing education providers and courses course content shall
  248  be approved by the department by rule.
  249         Section 8. Paragraph (f) of subsection (1) and subsection
  250  (3) of section 468.8319, Florida Statutes, are amended to read
  251         468.8319 Prohibitions; penalties.—
  252         (1) A person may not:
  253         (f) Perform or offer to perform any repairs to a home on
  254  which the inspector or the inspector’s company has prepared a
  255  home inspection report. This paragraph does not apply to:
  256         1. a home warranty company that is affiliated with or
  257  retains a home inspector to perform repairs pursuant to a claim
  258  made under a home warranty contract.
  259         2. A certified contractor who is classified in s.
  260  489.105(3) as a Division I contractor. However, the department
  261  may adopt rules requiring that, if such contractor performs the
  262  home inspection and offers to perform the repairs, the contract
  263  for repairs provided to the homeowner discloses that he or she
  264  has the right to request competitive bids.
  265         (3) This section does not apply to unlicensed activity as
  266  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  267  that occurs before July 1, 2011.
  268         Section 9. Paragraph (b) of subsection (1) of section
  269  468.8323, Florida Statutes, is amended to read:
  270         468.8323 Home inspection report.—Upon completion of each
  271  home inspection for compensation, the home inspector shall
  272  provide a written report prepared for the client.
  273         (1) The home inspector shall report:
  274         (b) If not self-evident, a reason why the system or
  275  component reported under paragraph (a) is significantly
  276  deficient or near the end of its service life.
  277         Section 10. Section 468.8324, Florida Statutes, is amended
  278  to read:
  279         468.8324 Grandfather clause.—
  280         (1) A person who performs home inspection services may
  281  qualify for licensure as a home inspector under this part if the
  282  person submits an application to the department postmarked on or
  283  before July 1, 2012, which shows that the applicant:
  284         (a) Possesses certification as a one- and two-family
  285  dwelling inspector issued by the International Code Council or
  286  the Southern Building Code Congress International;
  287         (b) Has been certified as a one- and two-family dwelling
  288  inspector by the Florida Building Code Administrators and
  289  Inspectors Board under part XII of this chapter; or
  290         (c) Possesses a Division I contractor license under part I
  291  of chapter 489.
  292         (1) A person who performs home inspection services as
  293  defined in this part may qualify for licensure by the department
  294  as a home inspector if the person submits an application to the
  295  department postmarked on or before March 1, 2011, which shows
  296  that the applicant:
  297         (a) Is certified as a home inspector by a state or national
  298  association that requires, for such certification, successful
  299  completion of a proctored examination on home inspection
  300  services and completes at least 14 hours of verifiable education
  301  on such services; or
  302         (b) Has at least 3 years of experience as a home inspector
  303  at the time of application and has completed 14 hours of
  304  verifiable education on home inspection services. To establish
  305  the 3 years of experience, an applicant must submit at least 120
  306  home inspection reports prepared by the applicant.
  307         (2) The department may investigate the validity of a home
  308  inspection report submitted under paragraph (1)(b) and, if the
  309  applicant submits a false report, may take disciplinary action
  310  against the applicant under s. 468.832(1)(e) or (g).
  311         (2)(3) An applicant may not qualify for licensure under
  312  this section if he or she has had a home inspector license or a
  313  license in any related field revoked at any time or suspended
  314  within the previous 5 years or has been assessed a fine that
  315  exceeds $500 within the previous 5 years. For purposes of this
  316  subsection, a license in a related field includes, but is not
  317  limited to, licensure in real estate, construction, mold-related
  318  services, or building code administration or inspection.
  319         (3)(4) An applicant for licensure under this section must
  320  comply with the criminal history, good moral character, and
  321  insurance requirements of this part.
  322         Section 11. Paragraph (d) of subsection (1) of section
  323  468.841, Florida Statutes, is amended to read:
  324         468.841 Exemptions.—
  325         (1) The following persons are not required to comply with
  326  any provisions of this part relating to mold assessment:
  327         (d) Persons or business organizations acting within the
  328  scope of the respective licenses required under part XV of
  329  chapter 468, chapter 471, part I of chapter 481, chapter 482,
  330  chapter 489, or part XV of this chapter, are acting on behalf of
  331  an insurer under part VI of chapter 626, or are persons in the
  332  manufactured housing industry who are licensed under chapter
  333  320, except when any such persons or business organizations hold
  334  themselves out for hire to the public as a “certified mold
  335  assessor,” “registered mold assessor,” “licensed mold assessor,”
  336  “mold assessor,” “professional mold assessor,” or any
  337  combination thereof stating or implying licensure under this
  338  part.
  339         Section 12. Subsection (5) of section 481.329, Florida
  340  Statutes, is amended to read:
  341         481.329 Exceptions; exemptions from licensure.—
  342         (5) Nothing in this part prohibits any person from engaging
  343  in the practice of landscape design, as defined in s.
  344  481.303(7), nor submitting such plans to governmental agencies
  345  for approval. Persons providing landscape design services shall
  346  not use the title, term, or designation “landscape architect,”
  347  “landscape architectural,” “landscape architecture,” “L.A.,”
  348  “landscape engineering,” or any description tending to convey
  349  the impression that she or he is a landscape architect unless
  350  she or he is registered as provided in this part.
  351         Section 13. Subsection (18) of section 489.103, Florida
  352  Statutes, is amended to read:
  353         489.103 Exemptions.—This part does not apply to:
  354         (18) Any one-family, two-family, or three-family residence
  355  constructed or rehabilitated by Habitat for Humanity
  356  International, Inc., or its local affiliates. Habitat for
  357  Humanity International, Inc., or its local affiliates, must:
  358         (a) Obtain all necessary building permits.
  359         (b) Obtain all required building code inspections.
  360         (c) Provide for supervision of all work by an individual
  361  with construction experience.
  362         Section 14. Subsection (3) of section 489.105, Florida
  363  Statutes, is amended to read:
  364         489.105 Definitions.—As used in this part:
  365         (3) “Contractor” means the person who is qualified for, and
  366  is shall only be responsible for, the project contracted for and
  367  means, except as exempted in this part, the person who, for
  368  compensation, undertakes to, submits a bid to, or does himself
  369  or herself or by others construct, repair, alter, remodel, add
  370  to, demolish, subtract from, or improve any building or
  371  structure, including related improvements to real estate, for
  372  others or for resale to others; and whose job scope is
  373  substantially similar to the job scope described in one of the
  374  subsequent paragraphs of this subsection. For the purposes of
  375  regulation under this part, “demolish” applies only to
  376  demolition of steel tanks over 50 feet in height; towers over 50
  377  feet in height; other structures over 50 feet in height, other
  378  than buildings or residences over three stories tall; and
  379  buildings or residences over three stories tall. Contractors are
  380  subdivided into two divisions, Division I, consisting of those
  381  contractors defined in paragraphs (a)-(c), and Division II,
  382  consisting of those contractors defined in paragraphs (d)-(r)
  383  (d)-(q):
  384         (a) “General contractor” means a contractor whose services
  385  are unlimited as to the type of work which he or she may do, who
  386  may contract for any activity requiring licensure under this
  387  part, and who may perform any work requiring licensure under
  388  this part, except as otherwise expressly provided in s. 489.113.
  389         (b) “Building contractor” means a contractor whose services
  390  are limited to construction of commercial buildings and single
  391  dwelling or multiple-dwelling residential buildings, which
  392  commercial or residential buildings do not exceed three stories
  393  in height, and accessory use structures in connection therewith
  394  or a contractor whose services are limited to remodeling,
  395  repair, or improvement of any size building if the services do
  396  not affect the structural members of the building.
  397         (c) “Residential contractor” means a contractor whose
  398  services are limited to construction, remodeling, repair, or
  399  improvement of one-family, two-family, or three-family
  400  residences not exceeding two habitable stories above no more
  401  than one uninhabitable story and accessory use structures in
  402  connection therewith.
  403         (d) “Sheet metal contractor” means a contractor whose
  404  services are unlimited in the sheet metal trade and who has the
  405  experience, knowledge, and skill necessary for the manufacture,
  406  fabrication, assembling, handling, erection, installation,
  407  dismantling, conditioning, adjustment, insulation, alteration,
  408  repair, servicing, or design, if when not prohibited by law, of
  409  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  410  equivalent or lighter gauge and of other materials, including,
  411  but not limited to, fiberglass, used in lieu thereof and of air
  412  handling systems, including the setting of air-handling
  413  equipment and reinforcement of same, the balancing of air
  414  handling systems, and any duct cleaning and equipment sanitizing
  415  that which requires at least a partial disassembling of the
  416  system.
  417         (e) “Roofing contractor” means a contractor whose services
  418  are unlimited in the roofing trade and who has the experience,
  419  knowledge, and skill to install, maintain, repair, alter,
  420  extend, or design, if when not prohibited by law, and use
  421  materials and items used in the installation, maintenance,
  422  extension, and alteration of all kinds of roofing,
  423  waterproofing, and coating, except when coating is not
  424  represented to protect, repair, waterproof, stop leaks, or
  425  extend the life of the roof. The scope of work of a roofing
  426  contractor also includes required roof-deck attachments and any
  427  repair or replacement of wood roof sheathing or fascia as needed
  428  during roof repair or replacement.
  429         (f) “Class A air-conditioning contractor” means a
  430  contractor whose services are unlimited in the execution of
  431  contracts requiring the experience, knowledge, and skill to
  432  install, maintain, repair, fabricate, alter, extend, or design,
  433  if when not prohibited by law, central air-conditioning,
  434  refrigeration, heating, and ventilating systems, including duct
  435  work in connection with a complete system if only to the extent
  436  such duct work is performed by the contractor as is necessary to
  437  make complete an air-distribution system, boiler and unfired
  438  pressure vessel systems, and all appurtenances, apparatus, or
  439  equipment used in connection therewith, and any duct cleaning
  440  and equipment sanitizing that which requires at least a partial
  441  disassembling of the system; to install, maintain, repair,
  442  fabricate, alter, extend, or design, if when not prohibited by
  443  law, piping, insulation of pipes, vessels and ducts, pressure
  444  and process piping, and pneumatic control piping; to replace,
  445  disconnect, or reconnect power wiring on the load side of the
  446  dedicated existing electrical disconnect switch; to install,
  447  disconnect, and reconnect low voltage heating, ventilating, and
  448  air-conditioning control wiring; and to install a condensate
  449  drain from an air-conditioning unit to an existing safe waste or
  450  other approved disposal other than a direct connection to a
  451  sanitary system. The scope of work for such contractor shall
  452  also includes include any excavation work incidental thereto,
  453  but does shall not include any work such as liquefied petroleum
  454  or natural gas fuel lines within buildings, except for
  455  disconnecting or reconnecting changeouts of liquefied petroleum
  456  or natural gas appliances within buildings; potable water lines
  457  or connections thereto; sanitary sewer lines; swimming pool
  458  piping and filters; or electrical power wiring.
  459         (g) “Class B air-conditioning contractor” means a
  460  contractor whose services are limited to 25 tons of cooling and
  461  500,000 Btu of heating in any one system in the execution of
  462  contracts requiring the experience, knowledge, and skill to
  463  install, maintain, repair, fabricate, alter, extend, or design,
  464  if when not prohibited by law, central air-conditioning,
  465  refrigeration, heating, and ventilating systems, including duct
  466  work in connection with a complete system only to the extent
  467  such duct work is performed by the contractor as is necessary to
  468  make complete an air-distribution system being installed under
  469  this classification, and any duct cleaning and equipment
  470  sanitizing that which requires at least a partial disassembling
  471  of the system; to install, maintain, repair, fabricate, alter,
  472  extend, or design, if when not prohibited by law, piping and
  473  insulation of pipes, vessels, and ducts; to replace, disconnect,
  474  or reconnect power wiring on the load side of the dedicated
  475  existing electrical disconnect switch; to install, disconnect,
  476  and reconnect low voltage heating, ventilating, and air
  477  conditioning control wiring; and to install a condensate drain
  478  from an air-conditioning unit to an existing safe waste or other
  479  approved disposal other than a direct connection to a sanitary
  480  system. The scope of work for such contractor shall also
  481  includes include any excavation work incidental thereto, but
  482  does shall not include any work such as liquefied petroleum or
  483  natural gas fuel lines within buildings, except for
  484  disconnecting or reconnecting changeouts of liquefied petroleum
  485  or natural gas appliances within buildings; potable water lines
  486  or connections thereto; sanitary sewer lines; swimming pool
  487  piping and filters; or electrical power wiring.
  488         (h) “Class C air-conditioning contractor” means a
  489  contractor whose business is limited to the servicing of air
  490  conditioning, heating, or refrigeration systems, including any
  491  duct cleaning and equipment sanitizing that which requires at
  492  least a partial disassembling of the system, and whose
  493  certification or registration, issued pursuant to this part, was
  494  valid on October 1, 1988. Only a No person who was not
  495  previously registered or certified as a Class C air-conditioning
  496  contractor as of October 1, 1988, shall be so registered or
  497  certified after October 1, 1988. However, the board shall
  498  continue to license and regulate those Class C air-conditioning
  499  contractors who held Class C licenses before prior to October 1,
  500  1988.
  501         (i) “Mechanical contractor” means a contractor whose
  502  services are unlimited in the execution of contracts requiring
  503  the experience, knowledge, and skill to install, maintain,
  504  repair, fabricate, alter, extend, or design, if when not
  505  prohibited by law, central air-conditioning, refrigeration,
  506  heating, and ventilating systems, including duct work in
  507  connection with a complete system if only to the extent such
  508  duct work is performed by the contractor as is necessary to make
  509  complete an air-distribution system, boiler and unfired pressure
  510  vessel systems, lift station equipment and piping, and all
  511  appurtenances, apparatus, or equipment used in connection
  512  therewith, and any duct cleaning and equipment sanitizing that
  513  which requires at least a partial disassembling of the system;
  514  to install, maintain, repair, fabricate, alter, extend, or
  515  design, if when not prohibited by law, piping, insulation of
  516  pipes, vessels and ducts, pressure and process piping, pneumatic
  517  control piping, gasoline tanks and pump installations and piping
  518  for same, standpipes, air piping, vacuum line piping, oxygen
  519  lines, nitrous oxide piping, ink and chemical lines, fuel
  520  transmission lines, liquefied petroleum gas lines within
  521  buildings, and natural gas fuel lines within buildings; to
  522  replace, disconnect, or reconnect power wiring on the load side
  523  of the dedicated existing electrical disconnect switch; to
  524  install, disconnect, and reconnect low voltage heating,
  525  ventilating, and air-conditioning control wiring; and to install
  526  a condensate drain from an air-conditioning unit to an existing
  527  safe waste or other approved disposal other than a direct
  528  connection to a sanitary system. The scope of work for such
  529  contractor shall also includes include any excavation work
  530  incidental thereto, but does shall not include any work such as
  531  potable water lines or connections thereto, sanitary sewer
  532  lines, swimming pool piping and filters, or electrical power
  533  wiring.
  534         (j) “Commercial pool/spa contractor” means a contractor
  535  whose scope of work involves, but is not limited to, the
  536  construction, repair, and servicing of any swimming pool, or hot
  537  tub or spa, whether public, private, or otherwise, regardless of
  538  use. The scope of work includes the installation, repair, or
  539  replacement of existing equipment, any cleaning or equipment
  540  sanitizing that which requires at least a partial disassembling,
  541  excluding filter changes, and the installation of new pool/spa
  542  equipment, interior finishes, the installation of package pool
  543  heaters, the installation of all perimeter piping and filter
  544  piping, and the construction of equipment rooms or housing for
  545  pool/spa equipment, and also includes the scope of work of a
  546  swimming pool/spa servicing contractor. The scope of such work
  547  does not include direct connections to a sanitary sewer system
  548  or to potable water lines. The installation, construction,
  549  modification, or replacement of equipment permanently attached
  550  to and associated with the pool or spa for the purpose of water
  551  treatment or cleaning of the pool or spa requires licensure;
  552  however, the usage of such equipment for the purposes of water
  553  treatment or cleaning does shall not require licensure unless
  554  the usage involves construction, modification, or replacement of
  555  such equipment. Water treatment that does not require such
  556  equipment does not require a license. In addition, a license is
  557  shall not be required for the cleaning of the pool or spa in a
  558  any way that does not affect the structural integrity of the
  559  pool or spa or its associated equipment.
  560         (k) “Residential pool/spa contractor” means a contractor
  561  whose scope of work involves, but is not limited to, the
  562  construction, repair, and servicing of a any residential
  563  swimming pool, or hot tub or spa, regardless of use. The scope
  564  of work includes the installation, repair, or replacement of
  565  existing equipment, any cleaning or equipment sanitizing that
  566  which requires at least a partial disassembling, excluding
  567  filter changes, and the installation of new pool/spa equipment,
  568  interior finishes, the installation of package pool heaters, the
  569  installation of all perimeter piping and filter piping, and the
  570  construction of equipment rooms or housing for pool/spa
  571  equipment, and also includes the scope of work of a swimming
  572  pool/spa servicing contractor. The scope of such work does not
  573  include direct connections to a sanitary sewer system or to
  574  potable water lines. The installation, construction,
  575  modification, or replacement of equipment permanently attached
  576  to and associated with the pool or spa for the purpose of water
  577  treatment or cleaning of the pool or spa requires licensure;
  578  however, the usage of such equipment for the purposes of water
  579  treatment or cleaning does shall not require licensure unless
  580  the usage involves construction, modification, or replacement of
  581  such equipment. Water treatment that does not require such
  582  equipment does not require a license. In addition, a license is
  583  shall not be required for the cleaning of the pool or spa in a
  584  any way that does not affect the structural integrity of the
  585  pool or spa or its associated equipment.
  586         (l) “Swimming pool/spa servicing contractor” means a
  587  contractor whose scope of work involves, but is not limited to,
  588  the repair and servicing of a any swimming pool, or hot tub or
  589  spa, whether public or private, or otherwise, regardless of use.
  590  The scope of work includes the repair or replacement of existing
  591  equipment, any cleaning or equipment sanitizing that which
  592  requires at least a partial disassembling, excluding filter
  593  changes, and the installation of new pool/spa equipment,
  594  interior refinishing, the reinstallation or addition of pool
  595  heaters, the repair or replacement of all perimeter piping and
  596  filter piping, the repair of equipment rooms or housing for
  597  pool/spa equipment, and the substantial or complete draining of
  598  a swimming pool, or hot tub or spa, for the purpose of any
  599  repair or renovation. The scope of such work does not include
  600  direct connections to a sanitary sewer system or to potable
  601  water lines. The installation, construction, modification,
  602  substantial or complete disassembly, or replacement of equipment
  603  permanently attached to and associated with the pool or spa for
  604  the purpose of water treatment or cleaning of the pool or spa
  605  requires licensure; however, the usage of such equipment for the
  606  purposes of water treatment or cleaning does shall not require
  607  licensure unless the usage involves construction, modification,
  608  substantial or complete disassembly, or replacement of such
  609  equipment. Water treatment that does not require such equipment
  610  does not require a license. In addition, a license is shall not
  611  be required for the cleaning of the pool or spa in a any way
  612  that does not affect the structural integrity of the pool or spa
  613  or its associated equipment.
  614         (m) “Plumbing contractor” means a contractor whose
  615  contracting business consists of the execution of contracts
  616  requiring the experience, financial means, knowledge, and skill
  617  to install, maintain, repair, alter, extend, or, if when not
  618  prohibited by law, design plumbing. A plumbing contractor may
  619  install, maintain, repair, alter, extend, or, if when not
  620  prohibited by law, design the following without obtaining an any
  621  additional local regulatory license, certificate, or
  622  registration: sanitary drainage or storm drainage facilities;
  623  venting systems; public or private water supply systems; septic
  624  tanks; drainage and supply wells; swimming pool piping;
  625  irrigation systems; or solar heating water systems and all
  626  appurtenances, apparatus, or equipment used in connection
  627  therewith, including boilers and pressure process piping and
  628  including the installation of water, natural gas, liquefied
  629  petroleum gas and related venting, and storm and sanitary sewer
  630  lines; and water and sewer plants and substations. The scope of
  631  work of the plumbing contractor also includes the design, if
  632  when not prohibited by law, and installation, maintenance,
  633  repair, alteration, or extension of air-piping, vacuum line
  634  piping, oxygen line piping, nitrous oxide piping, and all
  635  related medical gas systems; fire line standpipes and fire
  636  sprinklers if to the extent authorized by law; ink and chemical
  637  lines; fuel oil and gasoline piping and tank and pump
  638  installation, except bulk storage plants; and pneumatic control
  639  piping systems, all in such a manner that complies as to comply
  640  with all plans, specifications, codes, laws, and regulations
  641  applicable. The scope of work of the plumbing contractor applies
  642  shall apply to private property and public property, including
  643  shall include any excavation work incidental thereto, and
  644  includes shall include the work of the specialty plumbing
  645  contractor. Such contractor shall subcontract, with a qualified
  646  contractor in the field concerned, all other work incidental to
  647  the work but which is specified herein as being the work of a
  648  trade other than that of a plumbing contractor. Nothing in This
  649  definition does not shall be construed to limit the scope of
  650  work of any specialty contractor certified pursuant to s.
  651  489.113(6), and does not. Nothing in this definition shall be
  652  construed to require certification or registration under this
  653  part of any authorized employee of a public natural gas utility
  654  or of a private natural gas utility regulated by the Public
  655  Service Commission when disconnecting and reconnecting water
  656  lines in the servicing or replacement of an existing water
  657  heater.
  658         (n) “Underground utility and excavation contractor” means a
  659  contractor whose services are limited to the construction,
  660  installation, and repair, on public or private property, whether
  661  accomplished through open excavations or through other means,
  662  including, but not limited to, directional drilling, auger
  663  boring, jacking and boring, trenchless technologies, wet and dry
  664  taps, grouting, and slip lining, of main sanitary sewer
  665  collection systems, main water distribution systems, storm sewer
  666  collection systems, and the continuation of utility lines from
  667  the main systems to a point of termination up to and including
  668  the meter location for the individual occupancy, sewer
  669  collection systems at property line on residential or single
  670  occupancy commercial properties, or on multioccupancy properties
  671  at manhole or wye lateral extended to an invert elevation as
  672  engineered to accommodate future building sewers, water
  673  distribution systems, or storm sewer collection systems at storm
  674  sewer structures. However, an underground utility and excavation
  675  contractor may install empty underground conduits in rights-of
  676  way, easements, platted rights-of-way in new site development,
  677  and sleeves for parking lot crossings no smaller than 2 inches
  678  in diameter if, provided that each conduit system installed is
  679  designed by a licensed professional engineer or an authorized
  680  employee of a municipality, county, or public utility and that
  681  the installation of any such conduit does not include
  682  installation of any conductor wiring or connection to an
  683  energized electrical system. An underground utility and
  684  excavation contractor may shall not install any piping that is
  685  an integral part of a fire protection system as defined in s.
  686  633.021 beginning at the point where the piping is used
  687  exclusively for such system.
  688         (o) “Solar contractor” means a contractor whose services
  689  consist of the installation, alteration, repair, maintenance,
  690  relocation, or replacement of solar panels for potable solar
  691  water heating systems, swimming pool solar heating systems, and
  692  photovoltaic systems and any appurtenances, apparatus, or
  693  equipment used in connection therewith, whether public, private,
  694  or otherwise, regardless of use. A contractor, certified or
  695  registered pursuant to the provisions of this chapter, is not
  696  required to become a certified or registered solar contractor or
  697  to contract with a solar contractor in order to provide any
  698  services enumerated in this paragraph that are within the scope
  699  of the services such contractors may render under this part.
  700         (p) “Pollutant storage systems contractor” means a
  701  contractor whose services are limited to, and who has the
  702  experience, knowledge, and skill to install, maintain, repair,
  703  alter, extend, or design, if when not prohibited by law, and use
  704  materials and items used in the installation, maintenance,
  705  extension, and alteration of, pollutant storage tanks. Any
  706  person installing a pollutant storage tank shall perform such
  707  installation in accordance with the standards adopted pursuant
  708  to s. 376.303.
  709         (q) “Glass and glazing contractor” means a contractor whose
  710  services are unlimited in the execution of contracts requiring
  711  the experience, knowledge, and skill to install, attach,
  712  maintain, repair, fabricate, alter, extend, or design, in
  713  residential and commercial applications without any height
  714  restrictions, all types of windows, glass, and mirrors, whether
  715  fixed or movable; swinging or sliding glass doors attached to
  716  existing walls, floors, columns, or other structural members of
  717  the building; glass holding or supporting mullions or horizontal
  718  bars; structurally anchored impact-resistant opening protection
  719  attached to existing building walls, floors, columns, or other
  720  structural members of the building; prefabricated glass, metal,
  721  or plastic curtain walls; storefront frames or panels; shower
  722  and tub enclosures; metal fascias; and caulking incidental to
  723  such work and assembly.
  724         (r)(q) “Specialty contractor” means a contractor whose
  725  scope of work and responsibility is limited to a particular
  726  phase of construction established in a category adopted by board
  727  rule and whose scope is limited to a subset of the activities
  728  described in one of the paragraphs of this subsection.
  729         Section 15. Paragraphs (b) and (c) of subsection (4) of
  730  section 489.107, Florida Statutes, are amended to read:
  731         489.107 Construction Industry Licensing Board.—
  732         (4) The board shall be divided into two divisions, Division
  733  I and Division II.
  734         (b) Division II is comprised of the roofing contractor,
  735  sheet metal contractor, air-conditioning contractor, mechanical
  736  contractor, pool contractor, plumbing contractor, and
  737  underground utility and excavation contractor members of the
  738  board; one of the members appointed pursuant to paragraph
  739  (2)(j); and one of the members appointed pursuant to paragraph
  740  (2)(k). Division II has jurisdiction over the regulation of
  741  contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
  742         (c) Jurisdiction for the regulation of specialty
  743  contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
  744  with the division having jurisdiction over the scope of work of
  745  the specialty contractor as defined by board rule.
  746         Section 16. Paragraph (g) of subsection (2) of section
  747  489.141, Florida Statutes, is amended to read:
  748         489.141 Conditions for recovery; eligibility.—
  749         (2) A claimant is not qualified to make a claim for
  750  recovery from the recovery fund, if:
  751         (g) The claimant has contracted with a licensee to perform
  752  a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)
  753  (q).
  754         Section 17. Subsection (1) of section 514.028, Florida
  755  Statutes, is amended to read:
  756         514.028 Advisory review board.—
  757         (1) The Governor shall appoint an advisory review board
  758  which shall meet as necessary or at least quarterly, to
  759  recommend agency action on variance request, rule and policy
  760  development, and other technical review problems. The board
  761  shall be comprised of the following:
  762         (a) A representative from the office of licensure and
  763  certification of the department.
  764         (b) A representative from the county health departments.
  765         (c) Three representatives from the swimming pool
  766  construction industry.
  767         (d) A representative Two representatives from the public
  768  lodging industry.
  769         (e) A representative from a county or local building
  770  department.
  771         Section 18. Subsection (3) of section 527.06, Florida
  772  Statutes, is amended to read:
  773         527.06 Rules.—
  774         (3)(a) Rules in substantial conformity with the published
  775  standards of the National Fire Protection Association (NFPA) are
  776  shall be deemed to be in substantial conformity with the
  777  generally accepted standards of safety concerning the same
  778  subject matter.
  779         (b) Notwithstanding any other law, the department or other
  780  state agency may not require compliance with the minimum
  781  separation distances of NFPA 58 for separation between a
  782  liquefied petroleum gas tank and a building, adjoining property
  783  line, other liquefied petroleum gas tank, or any source of
  784  ignition, except in compliance with the minimum separation
  785  distances of the 2011 edition of NFPA 58.
  786         (c) If the department, the Florida Building Commission as
  787  part of the Florida Building Code, and the Office of the State
  788  Fire Marshal as part of the Florida Fire Prevention Code each
  789  adopt the minimum separation distances of the 2011 edition of
  790  NFPA 58 as rules, whether adopted by setting out the minimum
  791  separation distances in the text of the rules or through
  792  incorporation by reference, this subsection is repealed on the
  793  last effective date of such rules.
  794         Section 19. Subsection (11) of section 527.21, Florida
  795  Statutes, is amended to read:
  796         527.21 Definitions relating to Florida Propane Gas
  797  Education, Safety, and Research Act.—As used in ss. 527.20
  798  527.23, the term:
  799         (11) “Propane” includes propane, butane, mixtures, and
  800  liquefied petroleum gas as defined by the National Fire
  801  Protection Association (NFPA) Standard 58, For The Storage and
  802  Handling of Liquefied Petroleum Gas Code Gases.
  803         Section 20. Section 553.502, Florida Statutes, is amended
  804  to read:
  805         553.502 Intent.—The purpose and intent of this part ss.
  806  553.501-553.513 is to incorporate into the law of this state the
  807  accessibility requirements of the Americans with Disabilities
  808  Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101
  809  et seq., and to obtain and maintain United States Department of
  810  Justice certification of the Florida Accessibility Code for
  811  Building Construction as equivalent to federal standards for
  812  accessibility of buildings, structures, and facilities. All
  813  state laws, rules, standards, and codes governing facilities
  814  covered by the Americans with Disabilities Act Standards for
  815  Accessible Design guidelines shall be maintained to assure
  816  certification of the state’s construction standards and codes.
  817  This part Nothing in ss. 553.501-553.513 is not intended to
  818  expand or diminish the defenses available to a place of public
  819  accommodation or a commercial facility under the Americans with
  820  Disabilities Act and the standards federal Americans with
  821  Disabilities Act Accessibility Guidelines, including, but not
  822  limited to, the readily achievable standard, and the standards
  823  applicable to alterations to private buildings or facilities as
  824  defined by the standards places of public accommodation.
  825         Section 21. Section 553.503, Florida Statutes, is amended
  826  to read:
  827         553.503 Adoption of federal standards guidelines.—Subject
  828  to modifications under this part the exceptions in s. 553.504,
  829  the federal Americans with Disabilities Act Standards for
  830  Accessible Design Accessibility Guidelines, and related
  831  regulations provided as adopted by reference in 28 C.F.R., parts
  832  35 and part 36, and 49 C.F.R. part 37 subparts A and D, and
  833  Title II of Pub. L. No. 101-336, are hereby adopted and
  834  incorporated by reference as the law of this state and shall be
  835  incorporated into. The guidelines shall establish the minimum
  836  standards for the accessibility of buildings and facilities
  837  built or altered within this state. the 1997 Florida
  838  Accessibility Code for Building Construction and must be adopted
  839  by the Florida Building Commission in accordance with chapter
  840  120.
  841         Section 22. Section 553.504, Florida Statutes, is amended
  842  to read:
  843         553.504 Exceptions to applicability of the federal
  844  standards guidelines.—Notwithstanding the adoption of the
  845  Americans with Disabilities Act Standards for Accessible Design
  846  pursuant to Accessibility Guidelines in s. 553.503, all
  847  buildings, structures, and facilities in this state must shall
  848  meet the following additional requirements if such requirements
  849  when they provide increased accessibility:
  850         (1) All new or altered public buildings and facilities,
  851  private buildings and facilities, places of public
  852  accommodation, and commercial facilities, as those terms are
  853  defined by the standards, subject to this part ss. 553.501
  854  553.513 which may be frequented in, lived in, or worked in by
  855  the public must shall comply with this part ss. 553.501-553.513.
  856         (2) All new single-family houses, duplexes, triplexes,
  857  condominiums, and townhouses shall provide at least one
  858  bathroom, located with maximum possible privacy, where bathrooms
  859  are provided on habitable grade levels, with a door that has a
  860  29-inch clear opening. However, if only a toilet room is
  861  provided at grade level, such toilet room must shall have a
  862  clear opening of at least not less than 29 inches.
  863         (3) All required doors and walk-through openings in
  864  buildings excluding single-family homes, duplexes, and triplexes
  865  not covered by the Americans with Disabilities Act of 1990 or
  866  the Fair Housing Act shall have at least 29 inches of clear
  867  width except under ss. 553.501-553.513.
  868         (4) In addition to the requirements in reference 4.8.4 of
  869  the guidelines, all landings on ramps shall be not less than 60
  870  inches clear, and the bottom of each ramp shall have not less
  871  than 72 inches of straight and level clearance.
  872         (5) All curb ramps shall be designed and constructed in
  873  accordance with the following requirements:
  874         (a) Notwithstanding the requirements of reference 4.8.5.2
  875  of the guidelines, handrails on ramps which are not continuous
  876  shall extend not less than 18 inches beyond the sloped segment
  877  at both the top and bottom, and shall be parallel to the floor
  878  or ground surface.
  879         (b) Notwithstanding the requirements of references 4.3.3
  880  and 4.8.3 of the guidelines, curb ramps that are part of a
  881  required means of egress shall be not less than 44 inches wide.
  882         (c) Notwithstanding the requirements of reference 4.7.5 of
  883  the guidelines, curb ramps located where pedestrians must use
  884  them and all curb ramps which are not protected by handrails or
  885  guardrails shall have flared sides with a slope not exceeding a
  886  ratio of 1 to 12.
  887         (3)(6) Notwithstanding the requirements in s. 404.2.9
  888  reference 4.13.11 of the standards guidelines, exterior hinged
  889  doors must shall be so designed so that such doors can be pushed
  890  or pulled open with a force not exceeding 8.5 foot pounds.
  891         (7) Notwithstanding the requirements in reference 4.33.1 of
  892  the guidelines, all public food service establishments, all
  893  establishments licensed under the Beverage Law for consumption
  894  on the premises, and all facilities governed by reference 4.1 of
  895  the guidelines shall provide seating or spaces for seating in
  896  accordance with the following requirements:
  897         (a) For the first 100 fixed seats, accessible and usable
  898  spaces must be provided consistent with the following table:
  899  Capacity of SeatingIn Assembly AreasNumber of RequiredWheelchair Locations
  900  1 to 25	1                                                           
  901  26 to 50	2                                                          
  902  51 to 100	4                                                         
  903         (b) For all remaining fixed seats, there shall be not less
  904  than one such accessible and usable space for each 100 fixed
  905  seats or fraction thereof.
  906         (8) Notwithstanding the requirements in references 4.32.1
  907  4.32.4 of the guidelines, all fixed seating in public food
  908  service establishments, in establishments licensed under the
  909  Beverage Law for consumption on the premises, and in all other
  910  facilities governed by reference 4.1 of the guidelines shall be
  911  designed and constructed in accordance with the following
  912  requirements:
  913         (a) All aisles adjacent to fixed seating shall provide
  914  clear space for wheelchairs.
  915         (b) Where there are open positions along both sides of such
  916  aisles, the aisles shall be not less than 52 inches wide.
  917         (4)(9) In motels and hotels a number of rooms equaling at
  918  least 5 percent of the guest rooms minus the number of
  919  accessible rooms required by the standards must guidelines shall
  920  provide the following special accessibility features:
  921         (a) Grab rails in bathrooms and toilet rooms that comply
  922  with s. 604.5 4.16.4 of the standards guidelines.
  923         (b) All beds in designed accessible guest rooms must shall
  924  be an open-frame type that allows the to permit passage of lift
  925  devices.
  926         (c) Water closets that comply with section 604.4 of the
  927  standards. All standard water closet seats shall be at a height
  928  of 15 inches, measured vertically from the finished floor to the
  929  top of the seat, with a variation of plus or minus 1/2 inch. A
  930  portable or attached raised toilet seat shall be provided in all
  931  designated handicapped accessible rooms.
  932  
  933  All buildings, structures, or facilities licensed as a hotel,
  934  motel, or condominium pursuant to chapter 509 are shall be
  935  subject to the provisions of this subsection. This subsection
  936  does not relieve Nothing in this subsection shall be construed
  937  as relieving the owner of the responsibility of providing
  938  accessible rooms in conformance with ss. 224 and 806 of the
  939  standards 9.1-9.5 of the guidelines.
  940         (10) Notwithstanding the requirements in reference 4.29.2
  941  of the guidelines, all detectable warning surfaces required by
  942  the guidelines shall be governed by the requirements of American
  943  National Standards Institute A117.1-1986.
  944         (11) Notwithstanding the requirements in references 4.31.2
  945  and 4.31.3 of the guidelines, the installation and placement of
  946  all public telephones shall be governed by the rules of the
  947  Florida Public Service Commission.
  948         (5)(12) Notwithstanding ss. 213 and 604 of the standards
  949  the requirements in references 4.1.3(11) and 4.16-4.23 of the
  950  guidelines, required bathing rooms restrooms and toilet rooms in
  951  new construction shall be designed and constructed in accordance
  952  with the following requirements:
  953         (a) The wheelchair-accessible standard accessible toilet
  954  compartment must restroom stall shall contain an accessible
  955  lavatory within it, which must be at least the size of such
  956  lavatory to be not less than 19 inches wide by 17 inches deep,
  957  nominal size, and wall-mounted. The lavatory shall be mounted so
  958  as not to overlap the clear floor space areas required by s. 604
  959  of the standards 4.17 figure 30(a) of the guidelines for the
  960  wheelchair-accessible standard accessible toilet compartment
  961  stall and must to comply with s. 606 of the standards 4.19 of
  962  the guidelines. Such lavatories shall be counted as part of the
  963  required fixture count for the building.
  964         (b) The accessible water closet within the wheelchair
  965  accessible toilet compartment must shall be located in the
  966  corner, diagonal to the door.
  967         (c) The accessible stall door shall be self-closing.
  968         (13) All customer checkout aisles not required by the
  969  guidelines to be handicapped accessible shall have at least 32
  970  inches of clear passage.
  971         (14) Turnstiles shall not be used in occupancies which
  972  serve fewer than 100 persons, but turnstiles may be used in
  973  occupancies which serve at least 100 persons if there is an
  974  unlocked alternate passageway on an accessible route affording
  975  not less than 32 inches of clearance, equipped with latching
  976  devices in accordance with the guidelines.
  977         (6)(15) Barriers at common or emergency entrances and exits
  978  of business establishments conducting business with the general
  979  public that are existing, under construction, or under contract
  980  for construction which would prevent a person from using such
  981  entrances or exits must shall be removed.
  982         Section 23. Section 553.5041, Florida Statutes, is amended
  983  to read:
  984         553.5041 Parking spaces for persons who have disabilities.—
  985         (1) This section is not intended to expand or diminish the
  986  defenses available to a place of public accommodation under the
  987  Americans with Disabilities Act and the federal Americans with
  988  Disabilities Act Standards for Accessible Design Accessibility
  989  Guidelines, including, but not limited to, the readily
  990  achievable standard, and the standards applicable to alterations
  991  to places of public accommodation and commercial facilities.
  992  Subject to the exceptions described in subsections (2), (4),
  993  (5), and (6), if when the parking and loading zone requirements
  994  of the federal standards and related regulations Americans with
  995  Disabilities Act Accessibility Guidelines (ADAAG), as adopted by
  996  reference in 28 C.F.R. part 36, subparts A and D, and Title II
  997  of Pub. L. No. 101-336, provide increased accessibility, those
  998  requirements are adopted and incorporated by reference as the
  999  law of this state.
 1000         (2) State agencies and political subdivisions having
 1001  jurisdiction over street parking or publicly owned or operated
 1002  parking facilities are not required to provide a greater right
 1003  of-way width than would otherwise be planned under regulations,
 1004  guidelines, or practices normally applied to new development.
 1005         (3) Designated accessible If parking spaces are provided
 1006  for self-parking by employees or visitors, or both, accessible
 1007  spaces shall be provided in each such parking area. Such spaces
 1008  shall be designed and marked for the exclusive use of those
 1009  individuals who have a severe physical disability and have
 1010  permanent or temporary mobility problems that substantially
 1011  impair their ability to ambulate and who have been issued either
 1012  a disabled parking permit under s. 316.1958 or s. 320.0848 or a
 1013  license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.
 1014  320.0845.
 1015         (4) The number of accessible parking spaces must comply
 1016  with the parking requirements in ADAAG s. 208 of the standards
 1017  4.1 and the following:
 1018         (a) There must be one accessible parking space in the
 1019  immediate vicinity of a publicly owned or leased building that
 1020  houses a governmental entity or a political subdivision,
 1021  including, but not limited to, state office buildings and
 1022  courthouses, if no parking for the public is not provided on the
 1023  premises of the building.
 1024         (b) There must be one accessible parking space for each 150
 1025  metered on-street parking spaces provided by state agencies and
 1026  political subdivisions.
 1027         (c) The number of parking spaces for persons who have
 1028  disabilities must be increased on the basis of demonstrated and
 1029  documented need.
 1030         (5) Accessible perpendicular and diagonal accessible
 1031  parking spaces and loading zones must be designed and located to
 1032  conform to in conformance with the guidelines set forth in ADAAG
 1033  ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.
 1034  A4.6.3 “Universal Parking Design.”
 1035         (a) All spaces must be located on an accessible route that
 1036  is at least no less than 44 inches wide so that users are will
 1037  not be compelled to walk or wheel behind parked vehicles except
 1038  behind his or her own vehicle.
 1039         (b) Each space must be located on the shortest safely
 1040  accessible route from the parking space to an accessible
 1041  entrance. If there are multiple entrances or multiple retail
 1042  stores, the parking spaces must be dispersed to provide parking
 1043  at the nearest accessible entrance. If a theme park or an
 1044  entertainment complex as defined in s. 509.013(9) provides
 1045  parking in several lots or areas from which access to the theme
 1046  park or entertainment complex is provided, a single lot or area
 1047  may be designated for parking by persons who have disabilities,
 1048  if the lot or area is located on the shortest safely accessible
 1049  route to an accessible entrance to the theme park or
 1050  entertainment complex or to transportation to such an accessible
 1051  entrance.
 1052         (c)1. Each parking space must be at least no less than 12
 1053  feet wide. Parking access aisles must be at least no less than 5
 1054  feet wide and must be part of an accessible route to the
 1055  building or facility entrance. In accordance with ADAAG s.
 1056  4.6.3, access aisles must be placed adjacent to accessible
 1057  parking spaces; however, two accessible parking spaces may share
 1058  a common access aisle. The access aisle must be striped
 1059  diagonally to designate it as a no-parking zone.
 1060         2. The parking access aisles are reserved for the temporary
 1061  exclusive use of persons who have disabled parking permits and
 1062  who require extra space to deploy a mobility device, lift, or
 1063  ramp in order to exit from or enter a vehicle. Parking is not
 1064  allowed in an access aisle. Violators are subject to the same
 1065  penalties that are imposed for illegally parking in parking
 1066  spaces that are designated for persons who have disabilities. A
 1067  vehicle may not be parked in an access aisle, even if the
 1068  vehicle owner or passenger is disabled or owns a disabled
 1069  parking permit.
 1070         3. Notwithstanding any other provision of this subsection
 1071  to the contrary notwithstanding, a theme park or an
 1072  entertainment complex as defined in s. 509.013(9) in which are
 1073  provided continuous attendant services are provided for
 1074  directing individuals to marked accessible parking spaces or
 1075  designated lots for parking by persons who have disabilities,
 1076  may, in lieu of the required parking space design, provide
 1077  parking spaces that comply with ADAAG ss. 208 and 502 of the
 1078  standards 4.1 and 4.6.
 1079         (d) On-street parallel parking spaces must be located
 1080  either at the beginning or end of a block or adjacent to alley
 1081  entrances. Such spaces must be designed to conform to in
 1082  conformance with the guidelines set forth in ADAAG ss. 208 and
 1083  502 of the standards, except that 4.6.2 through 4.6.5,
 1084  exception: access aisles are not required. Curbs adjacent to
 1085  such spaces must be of a height that does will not interfere
 1086  with the opening and closing of motor vehicle doors. This
 1087  subsection does not relieve the owner of the responsibility to
 1088  comply with the parking requirements of ADAAG ss. 208 and 502 of
 1089  the standards 4.1 and 4.6.
 1090         (e) Parallel parking spaces must be even with surface
 1091  slopes, may match the grade of the adjacent travel lane, and
 1092  must not exceed a cross slope of 1 to 50, where feasible.
 1093         (f) Curb ramps must be located outside of the disabled
 1094  parking spaces and access aisles.
 1095         (e)(g)1. The removal of architectural barriers from a
 1096  parking facility in accordance with 28 C.F.R. s. 36.304 or with
 1097  s. 553.508 must comply with this section unless compliance would
 1098  cause the barrier removal not to be readily achievable. If
 1099  compliance would cause the barrier removal not to be readily
 1100  achievable, a facility may provide parking spaces at alternative
 1101  locations for persons who have disabilities and provide
 1102  appropriate signage directing such persons who have disabilities
 1103  to the alternative parking if readily achievable. The facility
 1104  may not reduce the required number or dimensions of those spaces
 1105  or, nor may it unreasonably increase the length of the
 1106  accessible route from a parking space to the facility. The
 1107  removal of an architectural barrier must not create a
 1108  significant risk to the health or safety of a person who has a
 1109  disability or to that of others.
 1110         2. A facility that is making alterations under s.
 1111  553.507(2)(b) must comply with this section to the maximum
 1112  extent feasible. If compliance with parking location
 1113  requirements is not feasible, the facility may provide parking
 1114  spaces at alternative locations for persons who have
 1115  disabilities and provide appropriate signage directing such
 1116  persons who have a disability to alternative parking. The
 1117  facility may not reduce the required number or dimensions of
 1118  those spaces, or nor may it unnecessarily increase the length of
 1119  the accessible route from a parking space to the facility. The
 1120  alteration must not create a significant risk to the health or
 1121  safety of a person who has a disability or to that of others.
 1122         (6) Each such parking space must be striped in a manner
 1123  that is consistent with the standards of the controlling
 1124  jurisdiction for other spaces and prominently outlined with blue
 1125  paint, and must be repainted when necessary, to be clearly
 1126  distinguishable as a parking space designated for persons who
 1127  have disabilities. The space and must be posted with a permanent
 1128  above-grade sign of a color and design approved by the
 1129  Department of Transportation, which is placed on or at least 60
 1130  inches above the finished floor or ground surface measured to
 1131  the bottom of the sign a distance of 84 inches above the ground
 1132  to the bottom of the sign and which bears the international
 1133  symbol of accessibility meeting the requirements of ADAAG s.
 1134  703.7.2.1 of the standards 4.30.7 and the caption “PARKING BY
 1135  DISABLED PERMIT ONLY.” Such a sign erected after October 1,
 1136  1996, must indicate the penalty for illegal use of the space.
 1137  Notwithstanding any other provision of this section to the
 1138  contrary notwithstanding, in a theme park or an entertainment
 1139  complex as defined in s. 509.013(9) in which accessible parking
 1140  is located in designated lots or areas, the signage indicating
 1141  the lot as reserved for accessible parking may be located at the
 1142  entrances to the lot in lieu of a sign at each parking place.
 1143  This subsection does not relieve the owner of the responsibility
 1144  of complying with the signage requirements of ADAAG s. 502.6 of
 1145  the standards 4.30.
 1146         Section 24. Section 553.505, Florida Statutes, is amended
 1147  to read:
 1148         553.505 Exceptions to applicability of the Americans with
 1149  Disabilities Act.—Notwithstanding the Americans with
 1150  Disabilities Act of 1990, private clubs are governed by this
 1151  part ss. 553.501-553.513. Parking spaces, parking lots, and
 1152  other parking facilities are governed by s. 553.5041 when that
 1153  section provides increased accessibility.
 1154         Section 25. Section 553.506, Florida Statutes, is amended
 1155  to read:
 1156         553.506 Powers of the commission.—In addition to any other
 1157  authority vested in the Florida Building Commission by law, the
 1158  commission, in implementing this part ss. 553.501-553.513, may,
 1159  by rule, adopt revised and updated versions of the Americans
 1160  with Disabilities Act Standards for Accessible Design
 1161  Accessibility Guidelines in accordance with chapter 120.
 1162         Section 26. Section 553.507, Florida Statutes, is amended
 1163  to read:
 1164         553.507 Applicability Exemptions.—This part applies to
 1165  Sections 553.501-553.513 do not apply to any of the following:
 1166         (1) All areas of newly designed and newly constructed
 1167  buildings and facilities as determined by the federal standards
 1168  established and adopted pursuant to s. 553.503. Buildings,
 1169  structures, or facilities that were either under construction or
 1170  under contract for construction on October 1, 1997.
 1171         (2) Portions of altered buildings and facilities as
 1172  determined by the federal standards established and adopted
 1173  pursuant to s. 553.503. Buildings, structures, or facilities
 1174  that were in existence on October 1, 1997, unless:
 1175         (a) The building, structure, or facility is being converted
 1176  from residential to nonresidential or mixed use, as defined by
 1177  local law;
 1178         (b) The proposed alteration or renovation of the building,
 1179  structure, or facility will affect usability or accessibility to
 1180  a degree that invokes the requirements of s. 303(a) of the
 1181  Americans with Disabilities Act of 1990; or
 1182         (c) The original construction or any former alteration or
 1183  renovation of the building, structure, or facility was carried
 1184  out in violation of applicable permitting law.
 1185         (3) A building or facility that is being converted from
 1186  residential to nonresidential or mixed use as defined by the
 1187  Florida Building Code. Such building or facility must, at a
 1188  minimum, comply with s. 553.508 and the requirements for
 1189  alternations as determined by the federal standards established
 1190  and adopted pursuant to s. 553.503.
 1191         (4) Buildings and facilities where the original
 1192  construction or any former alternation or renovation was carried
 1193  out in violation of applicable permitting law.
 1194         Section 27. Section 553.509, Florida Statutes, is amended
 1195  to read:
 1196         553.509 Vertical accessibility.—
 1197         (1) This part and the Americans with Disabilities Act
 1198  Standards for Accessible Design do not Nothing in ss. 553.501
 1199  553.513 or the guidelines shall be construed to relieve the
 1200  owner of any building, structure, or facility governed by this
 1201  part those sections from the duty to provide vertical
 1202  accessibility to all levels above and below the occupiable grade
 1203  level, regardless of whether the standards guidelines require an
 1204  elevator to be installed in such building, structure, or
 1205  facility, except for:
 1206         (a) Elevator pits, elevator penthouses, mechanical rooms,
 1207  piping or equipment catwalks, and automobile lubrication and
 1208  maintenance pits and platforms.;
 1209         (b) Unoccupiable spaces, such as rooms, enclosed spaces,
 1210  and storage spaces that are not designed for human occupancy,
 1211  for public accommodations, or for work areas.; and
 1212         (c) Occupiable spaces and rooms that are not open to the
 1213  public and that house no more than five persons, including, but
 1214  not limited to, equipment control rooms and projection booths.
 1215         (d) Theaters, concert halls, and stadiums, or other large
 1216  assembly areas that have stadium-style seating or tiered seating
 1217  if ss. 221 and 802 of the standards are met.
 1218         (e) All play and recreation areas if the requirements of
 1219  chapter 10 of the standards are met.
 1220         (f) All employee areas as exempted in s. 203.9 of the
 1221  standards.
 1222         (g) Facilities, sites, and spaces exempted by s. 203 of the
 1223  standards.
 1224         (2)(a) Any person, firm, or corporation that owns, manages,
 1225  or operates a residential multifamily dwelling, including a
 1226  condominium, that is at least 75 feet high and contains a public
 1227  elevator, as described in s. 399.035(2) and (3) and rules
 1228  adopted by the Florida Building Commission, shall have at least
 1229  one public elevator that is capable of operating on an alternate
 1230  power source for emergency purposes. Alternate power shall be
 1231  available for the purpose of allowing all residents access for a
 1232  specified number of hours each day over a 5-day period following
 1233  a natural disaster, manmade disaster, emergency, or other civil
 1234  disturbance that disrupts the normal supply of electricity. The
 1235  alternate power source that controls elevator operations must
 1236  also be capable of powering any connected fire alarm system in
 1237  the building.
 1238         (b) At a minimum, the elevator must be appropriately
 1239  prewired and prepared to accept an alternate power source and
 1240  must have a connection on the line side of the main disconnect,
 1241  pursuant to National Electric Code Handbook, Article 700. In
 1242  addition to the required power source for the elevator and
 1243  connected fire alarm system in the building, the alternate power
 1244  supply must be sufficient to provide emergency lighting to the
 1245  interior lobbies, hallways, and other portions of the building
 1246  used by the public. Residential multifamily dwellings must have
 1247  an available generator and fuel source on the property or have
 1248  proof of a current contract posted in the elevator machine room
 1249  or other place conspicuous to the elevator inspector affirming a
 1250  current guaranteed service contract for such equipment and fuel
 1251  source to operate the elevator on an on-call basis within 24
 1252  hours after a request. By December 31, 2006, any person, firm or
 1253  corporation that owns, manages, or operates a residential
 1254  multifamily dwelling as defined in paragraph (a) must provide to
 1255  the local building inspection agency verification of engineering
 1256  plans for residential multifamily dwellings that provide for the
 1257  capability to generate power by alternate means. Compliance with
 1258  installation requirements and operational capability
 1259  requirements must be verified by local building inspectors and
 1260  reported to the county emergency management agency by December
 1261  31, 2007.
 1262         (c) Each newly constructed residential multifamily
 1263  dwelling, including a condominium, that is at least 75 feet high
 1264  and contains a public elevator, as described in s. 399.035(2)
 1265  and (3) and rules adopted by the Florida Building Commission,
 1266  must have at least one public elevator that is capable of
 1267  operating on an alternate power source for the purpose of
 1268  allowing all residents access for a specified number of hours
 1269  each day over a 5-day period following a natural disaster,
 1270  manmade disaster, emergency, or other civil disturbance that
 1271  disrupts the normal supply of electricity. The alternate power
 1272  source that controls elevator operations must be capable of
 1273  powering any connected fire alarm system in the building. In
 1274  addition to the required power source for the elevator and
 1275  connected fire alarm system, the alternate power supply must be
 1276  sufficient to provide emergency lighting to the interior
 1277  lobbies, hallways, and other portions of the building used by
 1278  the public. Engineering plans and verification of operational
 1279  capability must be provided by the local building inspector to
 1280  the county emergency management agency before occupancy of the
 1281  newly constructed building.
 1282         (d) Each person, firm, or corporation that is required to
 1283  maintain an alternate power source under this subsection shall
 1284  maintain a written emergency operations plan that details the
 1285  sequence of operations before, during, and after a natural or
 1286  manmade disaster or other emergency situation. The plan must
 1287  include, at a minimum, a lifesafety plan for evacuation,
 1288  maintenance of the electrical and lighting supply, and
 1289  provisions for the health, safety, and welfare of the residents.
 1290  In addition, the owner, manager, or operator of the residential
 1291  multifamily dwelling must keep written records of any contracts
 1292  for alternative power generation equipment. Also, quarterly
 1293  inspection records of lifesafety equipment and alternate power
 1294  generation equipment must be posted in the elevator machine room
 1295  or other place conspicuous to the elevator inspector, which
 1296  confirm that such equipment is properly maintained and in good
 1297  working condition, and copies of contracts for alternate power
 1298  generation equipment shall be maintained on site for
 1299  verification. The written emergency operations plan and
 1300  inspection records shall also be open for periodic inspection by
 1301  local and state government agencies as deemed necessary. The
 1302  owner or operator must keep a generator key in a lockbox posted
 1303  at or near any installed generator unit.
 1304         (e) Multistory affordable residential dwellings for persons
 1305  age 62 and older that are financed or insured by the United
 1306  States Department of Housing and Urban Development must make
 1307  every effort to obtain grant funding from the Federal Government
 1308  or the Florida Housing Finance Corporation to comply with this
 1309  subsection. If an owner of such a residential dwelling cannot
 1310  comply with the requirements of this subsection, the owner must
 1311  develop a plan with the local emergency management agency to
 1312  ensure that residents are evacuated to a place of safety in the
 1313  event of a power outage resulting from a natural or manmade
 1314  disaster or other emergency situation that disrupts the normal
 1315  supply of electricity for an extended period of time. A place of
 1316  safety may include, but is not limited to, relocation to an
 1317  alternative site within the building or evacuation to a local
 1318  shelter.
 1319         (f) As a part of the annual elevator inspection required
 1320  under s. 399.061, certified elevator inspectors shall confirm
 1321  that all installed generators required by this chapter are in
 1322  working order, have current inspection records posted in the
 1323  elevator machine room or other place conspicuous to the elevator
 1324  inspector, and that the required generator key is present in the
 1325  lockbox posted at or near the installed generator. If a building
 1326  does not have an installed generator, the inspector shall
 1327  confirm that the appropriate prewiring and switching
 1328  capabilities are present and that a statement is posted in the
 1329  elevator machine room or other place conspicuous to the elevator
 1330  inspector affirming a current guaranteed contract exists for
 1331  contingent services for alternate power is current for the
 1332  operating period.
 1333         (2) However, buildings, structures, and facilities must, as
 1334  a minimum, comply with the requirements in the Americans with
 1335  Disabilities Act Standards for Accessible Design Accessibility
 1336  Guidelines.
 1337         Section 28. Consistent with the federal implementation of
 1338  the 2010 Americans with Disabilities Act Standards for
 1339  Accessible Design, buildings and facilities in this state may be
 1340  designed in conformity with the 2010 standards if the design
 1341  also complies with Florida-specific requirements provided in
 1342  part II of chapter 553, Florida Statutes, until the Florida
 1343  Accessibility Code for Building Construction is updated to
 1344  implement the changes to part II of chapter 553, Florida
 1345  Statutes, as provided by this Act.
 1346         Section 29. Effective January 1, 2012, subsections (3),
 1347  (7), (8), and (9) and paragraph (h) of subsection (10) of
 1348  section 553.73, Florida Statutes, are amended to read:
 1349         553.73 Florida Building Code.—
 1350         (3) The commission shall use the International Codes
 1351  published by the International Code Council, the National
 1352  Electric Code (NFPA 70), or other nationally adopted model codes
 1353  and standards needed to develop the state base code in order
 1354  select from available national or international model building
 1355  codes, or other available building codes and standards currently
 1356  recognized by the laws of this state, to form the foundation for
 1357  the Florida Building Code. The commission may modify the
 1358  selected model codes and standards as needed to accommodate the
 1359  specific needs of this state. Standards or criteria referenced
 1360  by the selected model codes shall be similarly incorporated by
 1361  reference. If a referenced standard or criterion requires
 1362  amplification or modification to be appropriate for use in this
 1363  state, only the amplification or modification shall be
 1364  specifically set forth in the Florida Building Code. The Florida
 1365  Building Commission may approve technical amendments to the
 1366  code, subject to the requirements of subsections (8) and (9),
 1367  after the amendments have been subject to the following
 1368  conditions:
 1369         (a) The proposed amendment has been published on the
 1370  commission’s website for a minimum of 45 days and all the
 1371  associated documentation has been made available to any
 1372  interested party before any consideration by a any technical
 1373  advisory committee;
 1374         (b) In order for a technical advisory committee to make a
 1375  favorable recommendation to the commission, the proposal must
 1376  receive a three-fourths vote of the members present at the
 1377  Technical Advisory committee meeting and at least half of the
 1378  regular members must be present in order to conduct a meeting;
 1379         (c) After technical advisory committee consideration and a
 1380  recommendation for approval of any proposed amendment, the
 1381  proposal must be published on the commission’s website for at
 1382  least not less than 45 days before any consideration by the
 1383  commission; and
 1384         (d) A Any proposal may be modified by the commission based
 1385  on public testimony and evidence from a public hearing held in
 1386  accordance with chapter 120.
 1387  
 1388  The commission shall incorporate within sections of the Florida
 1389  Building Code provisions that which address regional and local
 1390  concerns and variations. The commission shall make every effort
 1391  to minimize conflicts between the Florida Building Code, the
 1392  Florida Fire Prevention Code, and the Life Safety Code.
 1393         (7)(a) The commission, by rule adopted pursuant to ss.
 1394  120.536(1) and 120.54, shall update the Florida Building Code by
 1395  rule every 3 years. When updating the Florida Building Code, the
 1396  commission shall select the most current version of the
 1397  International Building Code, the International Fuel Gas Code,
 1398  the International Mechanical Code, the International Plumbing
 1399  Code, and the International Residential Code, all of which are
 1400  adopted by the International Code Council, and the National
 1401  Electrical Code, which is adopted by the National Fire
 1402  Protection Association, to form the foundation codes of the
 1403  updated Florida Building Code, if the version has been adopted
 1404  by the applicable model code entity. The commission shall select
 1405  the most current version of the International Energy
 1406  Conservation Code (IECC) as a foundation code; however, the IECC
 1407  must shall be modified by the commission to maintain the
 1408  efficiencies of the Florida Energy Efficiency Code for Building
 1409  Construction adopted and amended pursuant to s. 553.901.
 1410         (b) Codes regarding noise contour lines shall be reviewed
 1411  annually, and the most current federal guidelines shall be
 1412  adopted.
 1413         (c) The commission may modify any portion of the foundation
 1414  codes only as needed to accommodate the specific needs of this
 1415  state, maintaining Florida-specific amendments previously
 1416  adopted by the commission and not addressed by the updated
 1417  foundation code. Standards or criteria referenced by the codes
 1418  shall be incorporated by reference. If a referenced standard or
 1419  criterion requires amplification or modification to be
 1420  appropriate for use in this state, only the amplification or
 1421  modification shall be set forth in the Florida Building Code.
 1422  The commission may approve technical amendments to the updated
 1423  Florida Building Code after the amendments have been subject to
 1424  the conditions set forth in paragraphs (3)(a)-(d). Amendments to
 1425  the foundation codes which are adopted in accordance with this
 1426  subsection must shall be clearly marked in printed versions of
 1427  the Florida Building Code so that the fact that the provisions
 1428  are Florida-specific amendments to the foundation codes are is
 1429  readily apparent.
 1430         (d) The commission shall further consider the commission’s
 1431  own interpretations, declaratory statements, appellate
 1432  decisions, and approved statewide and local technical amendments
 1433  and shall incorporate such interpretations, statements,
 1434  decisions, and amendments into the updated Florida Building Code
 1435  only to the extent that they are needed to modify the foundation
 1436  codes to accommodate the specific needs of the state. A change
 1437  made by an institute or standards organization to any standard
 1438  or criterion that is adopted by reference in the Florida
 1439  Building Code does not become effective statewide until it has
 1440  been adopted by the commission. Furthermore, the edition of the
 1441  Florida Building Code which is in effect on the date of
 1442  application for any permit authorized by the code governs the
 1443  permitted work for the life of the permit and any extension
 1444  granted to the permit.
 1445         (e) A rule updating the Florida Building Code in accordance
 1446  with this subsection shall take effect no sooner than 6 months
 1447  after publication of the updated code. Any amendment to the
 1448  Florida Building Code which is adopted upon a finding by the
 1449  commission that the amendment is necessary to protect the public
 1450  from immediate threat of harm takes effect immediately.
 1451         (f) Provisions of the foundation codes, including those
 1452  contained in referenced standards and criteria, relating to wind
 1453  resistance or the prevention of water intrusion may not be
 1454  modified to diminish those construction requirements; however,
 1455  the commission may, subject to conditions in this subsection,
 1456  modify the provisions to enhance those construction
 1457  requirements.
 1458         (g) Amendments or modifications to the foundation code
 1459  pursuant to this subsection remain effective only until the
 1460  effective date of a new edition of the Florida Building Code
 1461  available every third year. Modifications and amendments
 1462  included in the Florida Building Code related to state agency
 1463  regulations that have been adopted and integrated into the
 1464  Florida Building Code shall be carried forward into the next
 1465  edition of the code subject to modification as provided in this
 1466  part. If amendments that expire pursuant to this paragraph are
 1467  resubmitted through the Florida Building Commission code
 1468  adoption process, the amendments must specifically address
 1469  whether:
 1470         1. The provisions contained in the proposed amendment are
 1471  addressed in the applicable international code.
 1472         2. The amendment demonstrates by evidence or data that the
 1473  state’s geographical jurisdiction exhibits a need to strengthen
 1474  the foundation code beyond the needs or regional variations
 1475  addressed by the foundation code, and why the proposed amendment
 1476  applies to this state.
 1477         3. The proposed amendment was submitted or attempted to be
 1478  included in the foundation codes to avoid resubmission to the
 1479  Florida Building Code amendment process.
 1480          
 1481  If the proposed amendment has been addressed in the applicable
 1482  international code in a substantially equivalent manner, the
 1483  Florida Building Commission may not include the proposed
 1484  amendment in the foundation code.
 1485         (8) Notwithstanding the provisions of subsection (3) or
 1486  subsection (7), the commission may address issues identified in
 1487  this subsection by amending the code pursuant only to the rule
 1488  adoption procedures contained in chapter 120. Provisions of the
 1489  Florida Building Code, including those contained in referenced
 1490  standards and criteria, relating to wind resistance or the
 1491  prevention of water intrusion may not be amended pursuant to
 1492  this subsection to diminish those construction requirements;
 1493  however, the commission may, subject to conditions in this
 1494  subsection, amend the provisions to enhance those construction
 1495  requirements. Following the approval of any amendments to the
 1496  Florida Building Code by the commission and publication of the
 1497  amendments on the commission’s website, authorities having
 1498  jurisdiction to enforce the Florida Building Code may enforce
 1499  the amendments. The commission may approve amendments that are
 1500  needed to address:
 1501         (a) Conflicts within the updated code;
 1502         (b) Conflicts between the updated code and the Florida Fire
 1503  Prevention Code adopted pursuant to chapter 633;
 1504         (c) The omission of previously adopted Florida-specific
 1505  amendments to the updated code if such omission is not supported
 1506  by a specific recommendation of a technical advisory committee
 1507  or particular action by the commission;
 1508         (c)(d) Unintended results from the integration of
 1509  previously adopted Florida-specific amendments with the model
 1510  code;
 1511         (d)(e) Equivalency of standards;
 1512         (e)(f) Changes to or inconsistencies with federal or state
 1513  law; or
 1514         (f)(g) Adoption of an updated edition of the National
 1515  Electrical Code if the commission finds that delay of
 1516  implementing the updated edition causes undue hardship to
 1517  stakeholders or otherwise threatens the public health, safety,
 1518  and welfare.
 1519         (9)(a) The commission may approve technical amendments to
 1520  the Florida Building Code once each year for statewide or
 1521  regional application upon a finding that the amendment:
 1522         1. Is needed in order to accommodate the specific needs of
 1523  this state.
 1524         2. Has a reasonable and substantial connection with the
 1525  health, safety, and welfare of the general public.
 1526         3. Strengthens or improves the Florida Building Code, or in
 1527  the case of innovation or new technology, will provide
 1528  equivalent or better products or methods or systems of
 1529  construction.
 1530         4. Does not discriminate against materials, products,
 1531  methods, or systems of construction of demonstrated
 1532  capabilities.
 1533         5. Does not degrade the effectiveness of the Florida
 1534  Building Code.
 1535  
 1536  Furthermore, The Florida Building Commission may approve
 1537  technical amendments to the code once each year to incorporate
 1538  into the Florida Building Code its own interpretations of the
 1539  code which are embodied in its opinions, final orders,
 1540  declaratory statements, and interpretations of hearing officer
 1541  panels under s. 553.775(3)(c), but shall do so only to the
 1542  extent that the incorporation of interpretations is needed to
 1543  modify the foundation codes to accommodate the specific needs of
 1544  this state. Amendments approved under this paragraph shall be
 1545  adopted by rule pursuant to ss. 120.536(1) and 120.54, after the
 1546  amendments have been subjected to the provisions of subsection
 1547  (3).
 1548         (b) A proposed amendment must shall include a fiscal impact
 1549  statement that which documents the costs and benefits of the
 1550  proposed amendment. Criteria for the fiscal impact statement
 1551  shall be established by rule by the commission and shall include
 1552  the impact to local government relative to enforcement, the
 1553  impact to property and building owners, and the impact as well
 1554  as to industry, relative to the cost of compliance. The
 1555  amendment must demonstrate by evidence or data that the state’s
 1556  geographical jurisdiction exhibits a need to strengthen the
 1557  foundation code beyond the needs or regional variations
 1558  addressed by the foundation code, and why the proposed amendment
 1559  applies to this state.
 1560         (c) The commission may not approve any proposed amendment
 1561  that does not accurately and completely address all requirements
 1562  for amendment which are set forth in this section. The
 1563  commission shall require all proposed amendments and information
 1564  submitted with proposed amendments to be reviewed by commission
 1565  staff before prior to consideration by any technical advisory
 1566  committee. These reviews shall be for sufficiency only and are
 1567  not intended to be qualitative in nature. Staff members must
 1568  shall reject any proposed amendment that fails to include a
 1569  fiscal impact statement. Proposed amendments rejected by staff
 1570  members of the staff may not be considered by the commission or
 1571  any technical advisory committee.
 1572         (d) Provisions of the Florida Building Code, including
 1573  those contained in referenced standards and criteria, relating
 1574  to wind resistance or the prevention of water intrusion may not
 1575  be amended pursuant to this subsection to diminish those
 1576  construction requirements; however, the commission may, subject
 1577  to conditions in this subsection, amend the provisions to
 1578  enhance those construction requirements.
 1579         (10) The following buildings, structures, and facilities
 1580  are exempt from the Florida Building Code as provided by law,
 1581  and any further exemptions shall be as determined by the
 1582  Legislature and provided by law:
 1583         (h) Storage sheds that are not designed for human
 1584  habitation and that have a floor area of 720 square feet or less
 1585  are not required to comply with the mandatory wind-borne-debris
 1586  impact standards of the Florida Building Code. Such buildings
 1587  that are for use in conjunction with one- and two-family
 1588  residences and are 400 square feet or less are also not subject
 1589  to the door height and width requirements of the code.
 1590  
 1591  With the exception of paragraphs (a), (b), (c), and (f), in
 1592  order to preserve the health, safety, and welfare of the public,
 1593  the Florida Building Commission may, by rule adopted pursuant to
 1594  chapter 120, provide for exceptions to the broad categories of
 1595  buildings exempted in this section, including exceptions for
 1596  application of specific sections of the code or standards
 1597  adopted therein. The Department of Agriculture and Consumer
 1598  Services shall have exclusive authority to adopt by rule,
 1599  pursuant to chapter 120, exceptions to nonresidential farm
 1600  buildings exempted in paragraph (c) when reasonably necessary to
 1601  preserve public health, safety, and welfare. The exceptions must
 1602  be based upon specific criteria, such as under-roof floor area,
 1603  aggregate electrical service capacity, HVAC system capacity, or
 1604  other building requirements. Further, the commission may
 1605  recommend to the Legislature additional categories of buildings,
 1606  structures, or facilities which should be exempted from the
 1607  Florida Building Code, to be provided by law. The Florida
 1608  Building Code does not apply to temporary housing provided by
 1609  the Department of Corrections to any prisoner in the state
 1610  correctional system.
 1611         Section 30. Paragraph (v) of subsection (1) of section
 1612  553.74, Florida Statutes, is amended to read:
 1613         553.74 Florida Building Commission.—
 1614         (1) The Florida Building Commission is created and shall be
 1615  located within the Department of Community Affairs for
 1616  administrative purposes. Members shall be appointed by the
 1617  Governor subject to confirmation by the Senate. The commission
 1618  shall be composed of 25 members, consisting of the following:
 1619         (v) One member who is a representative of the green
 1620  building industry and who is a third-party commission agent, a
 1621  Florida board member of the United States Green Building Council
 1622  or Green Building Initiative, a professional who is accredited
 1623  under the International Green Construction Code (IGCC), or a
 1624  professional who is accredited under Leadership in Energy and
 1625  Environmental Design (LEED) LEED-accredited professional.
 1626  
 1627  Any person serving on the commission under paragraph (c) or
 1628  paragraph (h) on October 1, 2003, and who has served less than
 1629  two full terms is eligible for reappointment to the commission
 1630  regardless of whether he or she meets the new qualification.
 1631         Section 31. Subsection (5) of section 553.842, Florida
 1632  Statutes, is amended to read:
 1633         553.842 Product evaluation and approval.—
 1634         (5) Statewide approval of products, methods, or systems of
 1635  construction may be achieved by one of the following methods.
 1636  One of these methods must be used by the commission to approve
 1637  the following categories of products: panel walls, exterior
 1638  doors, roofing, skylights, windows, shutters, and structural
 1639  components as established by the commission by rule. A product
 1640  may not be advertised, sold, offered, provided, distributed, or
 1641  marketed as hurricane, wind storm, or impact protection from
 1642  wind-borne debris from a hurricane or wind storm unless it is
 1643  approved pursuant to s. 553.842 or s. 553.8425. Any person who
 1644  advertises, sells, offers, provides, distributes, or markets a
 1645  product as hurricane, windstorm, or impact protection from wind
 1646  borne debris without such approval is subject to the Florida
 1647  Deceptive and Unfair Trade Practices Act under part II of
 1648  chapter 501 brought by the enforcing authority as defined in s.
 1649  501.203.
 1650         (a) Products for which the code establishes standardized
 1651  testing or comparative or rational analysis methods shall be
 1652  approved by submittal and validation of one of the following
 1653  reports or listings indicating that the product or method or
 1654  system of construction was evaluated to be in compliance with
 1655  the Florida Building Code and that the product or method or
 1656  system of construction is, for the purpose intended, at least
 1657  equivalent to that required by the Florida Building Code:
 1658         1. A certification mark or listing of an approved
 1659  certification agency, which may be used only for products for
 1660  which the code designates standardized testing;
 1661         2. A test report from an approved testing laboratory;
 1662         3. A product evaluation report based upon testing or
 1663  comparative or rational analysis, or a combination thereof, from
 1664  an approved product evaluation entity; or
 1665         4. A product evaluation report based upon testing or
 1666  comparative or rational analysis, or a combination thereof,
 1667  developed and signed and sealed by a professional engineer or
 1668  architect, licensed in this state.
 1669  
 1670  A product evaluation report or a certification mark or listing
 1671  of an approved certification agency which demonstrates that the
 1672  product or method or system of construction complies with the
 1673  Florida Building Code for the purpose intended is shall be
 1674  equivalent to a test report and test procedure as referenced in
 1675  the Florida Building Code. An application for state approval of
 1676  a product under subparagraph 1. must be approved by the
 1677  department after the commission staff or a designee verifies
 1678  that the application and related documentation are complete.
 1679  This verification must be completed within 10 business days
 1680  after receipt of the application. Upon approval by the
 1681  department, the product shall be immediately added to the list
 1682  of state-approved products maintained under subsection (13).
 1683  Approvals by the department shall be reviewed and ratified by
 1684  the commission’s program oversight committee except for a
 1685  showing of good cause that a review by the full commission is
 1686  necessary. The commission shall adopt rules providing means to
 1687  cure deficiencies identified within submittals for products
 1688  approved under this paragraph.
 1689         (b) Products, methods, or systems of construction for which
 1690  there are no specific standardized testing or comparative or
 1691  rational analysis methods established in the code may be
 1692  approved by submittal and validation of one of the following:
 1693         1. A product evaluation report based upon testing or
 1694  comparative or rational analysis, or a combination thereof, from
 1695  an approved product evaluation entity indicating that the
 1696  product or method or system of construction was evaluated to be
 1697  in compliance with the intent of the Florida Building Code and
 1698  that the product or method or system of construction is, for the
 1699  purpose intended, at least equivalent to that required by the
 1700  Florida Building Code; or
 1701         2. A product evaluation report based upon testing or
 1702  comparative or rational analysis, or a combination thereof,
 1703  developed and signed and sealed by a professional engineer or
 1704  architect, licensed in this state, who certifies that the
 1705  product or method or system of construction is, for the purpose
 1706  intended, at least equivalent to that required by the Florida
 1707  Building Code.
 1708         Section 32. Section 553.9061, Florida Statutes, is
 1709  repealed.
 1710         Section 33. Subsections (3), (4), and (5) of section
 1711  553.909, Florida Statutes, are amended to read:
 1712         553.909 Setting requirements for appliances; exceptions.—
 1713         (3) Commercial or residential swimming pool pumps or water
 1714  heaters manufactured and sold on or after December 31, July 1,
 1715  2011, for installation in this state must shall comply with the
 1716  requirements of the Florida Energy Efficiency Code for Building
 1717  Construction this subsection.
 1718         (a) Natural gas pool heaters shall not be equipped with
 1719  constantly burning pilots.
 1720         (b) Heat pump pool heaters shall have a coefficient of
 1721  performance at low temperature of not less than 4.0.
 1722         (c) The thermal efficiency of gas-fired pool heaters and
 1723  oil-fired pool heaters shall not be less than 78 percent.
 1724         (d) All pool heaters shall have a readily accessible on-off
 1725  switch that is mounted outside the heater and that allows
 1726  shutting off the heater without adjusting the thermostat
 1727  setting.
 1728         (4)(a) Residential swimming pool filtration pumps and pump
 1729  motors manufactured and sold on or after December 31, July 1,
 1730  2011, for installation in this state must comply with the
 1731  requirements of the Florida Energy Efficiency Code for Building
 1732  Construction in this subsection.
 1733         (b) Residential filtration pool pump motors shall not be
 1734  split-phase, shaded-pole, or capacitor start-induction run
 1735  types.
 1736         (c) Residential filtration pool pumps and pool pump motors
 1737  with a total horsepower of 1 HP or more shall have the
 1738  capability of operating at two or more speeds with a low speed
 1739  having a rotation rate that is no more than one-half of the
 1740  motor’s maximum rotation rate.
 1741         (d) Residential filtration pool pump motor controls shall
 1742  have the capability of operating the pool pump at a minimum of
 1743  two speeds. The default circulation speed shall be the
 1744  residential filtration speed, with a higher speed override
 1745  capability being for a temporary period not to exceed one normal
 1746  cycle or 24 hours, whichever is less; except that circulation
 1747  speed for solar pool heating systems shall be permitted to run
 1748  at higher speeds during periods of usable solar heat gain.
 1749         (5) Portable electric spas manufactured and sold on or
 1750  after December 31, 2011, for installation in this state must
 1751  comply with the requirements of the Florida Energy Efficiency
 1752  Code for Building Construction spa standby power shall not be
 1753  greater than 5(V2/3) watts where V = the total volume, in
 1754  gallons, when spas are measured in accordance with the spa
 1755  industry test protocol.
 1756         Section 34. Paragraph (a) of subsection (2) of section
 1757  627.711, Florida Statutes, is amended to read:
 1758         627.711 Notice of premium discounts for hurricane loss
 1759  mitigation; uniform mitigation verification inspection form.—
 1760         (2)(a) The Financial Services Commission shall develop by
 1761  rule a uniform mitigation verification inspection form that
 1762  shall be used by all insurers when submitted by policyholders
 1763  for the purpose of factoring discounts for wind insurance. In
 1764  developing the form, the commission shall seek input from
 1765  insurance, construction, and building code representatives.
 1766  Further, the commission shall provide guidance as to the length
 1767  of time the inspection results are valid. An insurer shall
 1768  accept as valid a uniform mitigation verification form signed by
 1769  the following authorized mitigation inspectors:
 1770         1. A home inspector licensed under s. 468.8314 who has
 1771  completed at least 3 hours of hurricane mitigation training
 1772  approved by the Construction Industry Licensing Board which
 1773  includes hurricane mitigation techniques and compliance with the
 1774  uniform mitigation verification form and completion of a
 1775  proficiency exam. Thereafter, home inspectors licensed under s.
 1776  468.8314 must complete at least 2 hours of continuing education,
 1777  as part of the existing licensure renewal requirements each
 1778  year, related to mitigation inspection and the uniform
 1779  mitigation form;
 1780         2. A building code inspector certified under s. 468.607;
 1781         3. A general, building, or residential contractor licensed
 1782  under s. 489.111;
 1783         4. A professional engineer licensed under s. 471.015;
 1784         5. A professional architect licensed under s. 481.213; or
 1785         6. Any other individual or entity recognized by the insurer
 1786  as possessing the necessary qualifications to properly complete
 1787  a uniform mitigation verification form.
 1788         Section 35. Except as otherwise expressly provided in this
 1789  act, this act shall take effect July 1, 2011.