CS/CS/CS/HB 849

1	A bill to be entitled
2	An act relating to building construction and inspection;
3	amending s. 120.541, F.S.; exempting rules that adopt
4	federal standards and certain updates of or amendments to
5	the Florida Building Code or Florida Fire Prevention Code
6	from a requirement that the Legislature ratify any rule
7	that has an adverse impact or regulatory costs which
8	exceed certain criteria; deleting an exemption for
9	emergency rules and rules that adopt federal standards
10	from a requirement that an agency's statement of a rule's
11	estimated regulatory costs include an economic analysis of
12	the rule's adverse impacts and regulatory costs; amending
13	s. 161.053, F.S.; prohibiting the Florida Building
14	Commission from adopting rules that limit any exceptions
15	or exemptions provided for modifications or repairs of
16	existing structures within the limits of an existing
17	foundation under certain circumstances; amending s.
18	162.12, F.S.; authorizing notices relating to a code
19	violation to be sent by certified mail to the property
20	owner at an address provided to the local government for
21	the purposes of receiving notices or to the registered
22	agent of a corporation for property owned by a
23	corporation; deleting a requirement for such notices to be
24	sent by first-class mail; amending s. 255.252, F.S.;
25	conforming provisions to changes made by the act; amending
26	s. 255.253, F.S.; redefining the term "sustainable
27	building rating" to include a national model green
28	building code; amending ss. 255.257 and 255.2575, F.S.;
29	requiring that state agencies, local governments, and the
30	court system adopt a sustainable building rating system or
31	use a national model green building code for new and
32	renovated buildings; amending s. 468.8316, F.S.; revising
33	the continuing education requirements for licensed home
34	inspectors; amending s. 468.8319, F.S.; deleting an
35	obsolete provision; amending s. 468.8323, F.S.; clarifying
36	a provision relating to the contents of a home inspection
37	report; amending s. 468.8324, F.S.; providing alternative
38	criteria for obtaining a home inspector's license;
39	removing certain application requirements for a person who
40	performs home inspection services and who qualifies for
41	licensure on or before a specified date; amending s.
42	468.841, F.S.; adding licensed home inspectors to those
43	who are exempt from complying with provisions related to
44	mold assessment; amending s. 481.329, F.S.; providing that
45	part II of ch. 481, F.S., does not preclude any person who
46	engages in the business of landscape design from
47	submitting such plans to governmental agencies for
48	approval; amending s. 489.103, F.S.; clarifying an
49	exemption from construction contracting regulation
50	relating to Habitat for Humanity; amending s. 489.105,
51	F.S.; adding the term "glass and glazing contractors" to
52	the definition of the term "contractor"; amending ss.
53	489.107 and 489.141, F.S.; conforming cross-references;
54	amending s. 514.028, F.S.; revising the composition of the
55	advisory review board relating to public swimming pools
56	and bathing facilities; amending s. 527.06, F.S.;
57	prohibiting the Department of Agriculture and Consumer
58	Services and other state agencies from requiring
59	compliance with certain national standards for liquefied
60	petroleum gas tanks unless the department or agencies
61	require compliance with a specified edition of the
62	national standards; providing for repeal under certain
63	circumstances; amending s. 527.21, F.S.; revising the term
64	"propane" for purposes of the Florida Propane Gas
65	Education, Safety, and Research Act, to incorporate
66	changes to certain national standards in a reference
67	thereto; amending s. 553.502, F.S.; revising intent with
68	respect to the Florida Americans with Disabilities Act;
69	amending s. 553.503, F.S.; incorporating the Americans
70	with Disabilities Act Standards for Accessible Design into
71	state law by reference and directing that they be adopted
72	by rule into the Florida Accessibility Code for Building
73	Construction; amending s. 553.504, F.S.; revising
74	exceptions to incorporate the standards; amending s.
75	553.5041, F.S.; revising provisions relating to parking
76	spaces for persons who have disabilities to incorporate
77	the standards; amending ss. 553.505 and 553.506, F.S.;
78	conforming provisions to changes made by the act; amending
79	s. 553.507, F.S.; providing for the applicability of the
80	act; amending s. 553.509, F.S.; revising provisions
81	relating to vertical accessibility to incorporate the
82	standards; providing that buildings and facilities in this
83	state do not have to comply with the changes provided by
84	this act until the Florida Accessibility Code for Building
85	Construction is updated; amending s. 553.73, F.S.;
86	revising requirements relating to the Florida Building
87	Code; specifying national codes to form the foundation for
88	state building standards and codes; revising provisions
89	for the amendment or modification of the foundation code;
90	revising the criteria for approval by the Florida Building
91	Commission of technical amendments to the code; exempting
92	certain storage sheds from door height and width
93	requirements; amending s. 553.74, F.S.; revising
94	requirements for selecting a member of the Florida
95	Building Commission; amending s. 553.842, F.S.; providing
96	for the approval of certain windstorm products; providing
97	a cause of action against any person who advertises,
98	sells, offers, provides, distributes, or markets certain
99	products without approval; amending s. 553.9061, F.S.;
100	revising requirements for increases in the energy
101	efficiency standards of the Florida Building Code;
102	amending s. 553.909, F.S.; revising the requirements and
103	effective dates for certain pool-related equipment;
104	amending s. 627.711, F.S.; revising requirements relating
105	to home inspectors conducting hurricane mitigation
106	inspections; providing an effective date.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  Subsection (4) of section 120.541, Florida
111	Statutes, as amended by chapter 2010-279, Laws of Florida, is
112	amended to read:
113	120.541  Statement of estimated regulatory costs.-
114	(3)  If the adverse impact or regulatory costs of the rule
115	exceed any of the criteria established in paragraph (2)(a), the
116	rule shall be submitted to the President of the Senate and
117	Speaker of the House of Representatives no later than 30 days
118	prior to the next regular legislative session, and the rule may
119	not take effect until it is ratified by the Legislature.
120	(4)  Subsection (3) Paragraph (2)(a) does not apply to the
121	adoption of:
122	(a)  emergency rules pursuant to s. 120.54(4) or the
123	adoption of Federal standards pursuant to s. 120.54(6).
124	(b)  Triennial updates of and amendments to the Florida
125	Building Code which are expressly authorized by s. 553.73.
126	(c)  Triennial updates of and amendments to the Florida
127	Fire Prevention Code which are expressly authorized by s.
128	633.0215.
129	Section 2.  Paragraph (a) of subsection (11) of section
130	161.053, Florida Statutes, is amended to read:
131	161.053  Coastal construction and excavation; regulation on
132	county basis.-
133	(11)(a)  The coastal construction control requirements
134	defined in subsection (1) and the requirements of the erosion
135	projections in subsection (5) do not apply to any modification,
136	maintenance, or repair of any existing structure within the
137	limits of the existing foundation which does not require,
138	involve, or include any additions to, or repair or modification
139	of, the existing foundation of that structure. Specifically
140	excluded from this exemption are seawalls or other rigid coastal
141	or shore protection structures and any additions or enclosures
142	added, constructed, or installed below the first dwelling floor
143	or lowest deck of the existing structure. The Florida Building
144	Commission may not adopt any rule having the effect of limiting
145	any exceptions or exemptions contained within this paragraph.
146	Section 3.  Section 162.12, Florida Statutes, is amended to
147	read:
148	162.12  Notices.-
149	(1)  All notices required by this part shall be provided to
150	the alleged violator by:
151	(a)  Certified mail, return receipt requested to, provided
152	if such notice is sent under this paragraph to the owner of the
153	property in question at the address listed in the tax
154	collector's office for tax notices or to, and at any other
155	address provided by the property owner in writing to the local
156	government for the purposes of receiving notices. For property
157	owned by a corporation, notices may be provided by certified
158	mail, return receipt requested, to the registered agent of the
159	corporation. If any notice sent by certified mail by such owner
160	and is not signed as received within 30 days after the date of
161	mailing returned as unclaimed or refused, notice may be provided
162	by posting as described in subparagraphs (2)(b)1. and 2. and by
163	first class mail directed to the addresses furnished to the
164	local government with a properly executed proof of mailing or
165	affidavit confirming the first class mailing;
166	(b)  Hand delivery by the sheriff or other law enforcement
167	officer, code inspector, or other person designated by the local
168	governing body;
169	(c)  Leaving the notice at the violator's usual place of
170	residence with any person residing therein who is above 15 years
171	of age and informing such person of the contents of the notice;
172	or
173	(d)  In the case of commercial premises, leaving the notice
174	with the manager or other person in charge.
175	(2)  In addition to providing notice as set forth in
176	subsection (1), at the option of the code enforcement board,
177	notice may also be served by publication or posting, as follows:
178	(a)1.  Such notice shall be published once during each week
179	for 4 consecutive weeks (four publications being sufficient) in
180	a newspaper of general circulation in the county where the code
181	enforcement board is located. The newspaper shall meet such
182	requirements as are prescribed under chapter 50 for legal and
183	official advertisements.
184	2.  Proof of publication shall be made as provided in ss.
185	50.041 and 50.051.
186	(b)1.  In lieu of publication as described in paragraph
187	(a), such notice may be posted at least 10 days prior to the
188	hearing, or prior to the expiration of any deadline contained in
189	the notice, in at least two locations, one of which shall be the
190	property upon which the violation is alleged to exist and the
191	other of which shall be, in the case of municipalities, at the
192	primary municipal government office, and in the case of
193	counties, at the front door of the courthouse or the main county
194	governmental center in said county.
195	2.  Proof of posting shall be by affidavit of the person
196	posting the notice, which affidavit shall include a copy of the
197	notice posted and the date and places of its posting.
198	(c)  Notice by publication or posting may run concurrently
199	with, or may follow, an attempt or attempts to provide notice by
200	hand delivery or by mail as required under subsection (1).
201	Evidence that an attempt has been made to hand deliver or mail
202	notice as provided in subsection (1), together with proof of
203	publication or posting as provided in subsection (2), is shall
204	be sufficient to show that the notice requirements of this part
205	have been met, without regard to whether or not the alleged
206	violator actually received such notice.
207	Section 4.  Subsections (3) and (4) of section 255.252,
208	Florida Statutes, are amended to read:
209	255.252  Findings and intent.-
210	(3)  In order for that such energy-efficiency and
211	sustainable materials considerations to become a function of
212	building design and a model for future application in the
213	private sector, it is shall be the policy of the state that
214	buildings constructed and financed by the state be designed and
215	constructed to comply with a sustainable building rating or a
216	national model green building code the United States Green
217	Building Council (USGBC) Leadership in Energy and Environmental
218	Design (LEED) rating system, the Green Building Initiative's
219	Green Globes rating system, the Florida Green Building Coalition
220	standards, or a nationally recognized, high-performance green
221	building rating system as approved by the department. It is
222	further the policy of the state, if when economically feasible,
223	to retrofit existing state-owned buildings in a manner that
224	minimizes which will minimize the consumption of energy used in
225	the operation and maintenance of such buildings.
226	(4)  In addition to designing and constructing new
227	buildings to be energy-efficient, it is shall be the policy of
228	the state to operate and maintain state facilities in a manner
229	that minimizes which will minimize energy consumption and
230	maximizes maximize building sustainability, and to operate as
231	well as ensure that facilities leased by the state are operated
232	so as to minimize energy use. It is further the policy of the
233	state that the renovation of existing state facilities be in
234	accordance with a sustainable building rating or a national
235	model green building code the United States Green Building
236	Council (USGBC) Leadership in Energy and Environmental Design
237	(LEED) rating system, the Green Building Initiative's Green
238	Globes rating system, the Florida Green Building Coalition
239	standards, or a nationally recognized, high-performance green
240	building rating system as approved by the department. State
241	agencies are encouraged to consider shared savings financing of
242	such energy-efficiency and conservation projects, using
243	contracts that which split the resulting savings for a specified
244	period of time between the state agency and the private firm or
245	cogeneration contracts and that which otherwise permit the state
246	to lower its net energy costs. Such energy contracts may be
247	funded from the operating budget.
248	Section 5.  Subsection (7) of section 255.253, Florida
249	Statutes, is amended to read:
250	255.253  Definitions; ss. 255.251-255.258.-
251	(7)  "Sustainable building rating or national model green
252	building code" rating" means a rating system established by the
253	United States Green Building Council (USGBC) Leadership in
254	Energy and Environmental Design (LEED) rating system, the
255	International Green Construction Code (IGCC), the Green Building
256	Initiative's Green Globes rating system, the Florida Green
257	Building Coalition standards, or a nationally recognized, high-
258	performance green building rating system as approved by the
259	department.
260	Section 6.  Subsection (4) of section 255.257, Florida
261	Statutes, is amended to read:
262	255.257  Energy management; buildings occupied by state
263	agencies.-
264	(4)  ADOPTION OF STANDARDS.-
265	(a)  All state agencies shall adopt a sustainable building
266	rating system or use a national model green building code the
267	United States Green Building Council (USGBC) Leadership in
268	Energy and Environmental Design (LEED) rating system, the Green
269	Building Initiative's Green Globes rating system, the Florida
270	Green Building Coalition standards, or a nationally recognized,
271	high-performance green building rating system as approved by the
272	department for all new buildings and renovations to existing
273	buildings.
274	(b)  No state agency shall enter into new leasing
275	agreements for office space that does not meet Energy Star
276	building standards, except when determined by the appropriate
277	state agency head determines that no other viable or cost-
278	effective alternative exists.
279	(c)  All state agencies shall develop energy conservation
280	measures and guidelines for new and existing office space where
281	state agencies occupy more than 5,000 square feet. These
282	conservation measures shall focus on programs that may reduce
283	energy consumption and, when established, provide a net
284	reduction in occupancy costs.
285	Section 7.  Subsection (2) of section 255.2575, Florida
286	Statutes, is amended to read:
287	255.2575  Energy-efficient and sustainable buildings.-
288	(2)  All county, municipal, school district, water
289	management district, state university, community college, and
290	Florida state court buildings shall be constructed to comply
291	with a sustainable building rating system or a national model
292	green building code meet the United States Green Building
293	Council (USGBC) Leadership in Energy and Environmental Design
294	(LEED) rating system, the Green Building Initiative's Green
295	Globes rating system, the Florida Green Building Coalition
296	standards, or a nationally recognized, high-performance green
297	building rating system as approved by the Department of
298	Management Services. This section applies shall apply to all
299	county, municipal, school district, water management district,
300	state university, community college, and Florida state court
301	buildings the architectural plans of which are commenced after
302	July 1, 2008.
303	Section 8.  Subsection (1) of section 468.8316, Florida
304	Statutes, is amended to read:
305	468.8316  Continuing education.-
306	(1)  The department may not renew a license until the
307	licensee submits proof satisfactory to the department that
308	during the 2 years before prior to his or her application for
309	renewal the licensee has completed at least 14 hours of
310	continuing education. Of the 14 hours, at least 2 hours must be
311	in hurricane mitigation training that includes hurricane
312	mitigation techniques and compliance with the uniform mitigation
313	verification inspection form developed under s. 627.711(2). The
314	department shall adopt rules establishing criteria for approving
315	continuing education providers and courses course content shall
316	be approved by the department by rule.
317	Section 9.  Subsection (3) of section 468.8319, Florida
318	Statutes, is amended to read:
319	468.8319  Prohibitions; penalties.-
320	(3)  This section does not apply to unlicensed activity as
321	described in paragraph (1)(a), paragraph(1)(b), or s. 455.228
322	that occurs before July 1, 2011.
323	Section 10.  Paragraph (b) of subsection (1) of section
324	468.8323, Florida Statutes, is amended to read:
325	468.8323  Home inspection report.-Upon completion of each
326	home inspection for compensation, the home inspector shall
327	provide a written report prepared for the client.
328	(1)  The home inspector shall report:
329	(b)  If not self-evident, a reason why the system or
330	component reported under paragraph (a) is significantly
331	deficient or near the end of its service life.
332	Section 11.  Subsections (3) and (4) of section 468.8324,
333	Florida Statutes, are renumbered as subsections (2) and (3),
334	respectively, and present subsections (1) and (2) of that
335	section are amended to read:
336	468.8324  Grandfather clause.-
337	(1)  A person who performs home inspection services may
338	qualify for licensure as a home inspector under this part if the
339	person submits an application to the department postmarked on or
340	before July 1, 2012, which shows that the applicant:
341	(a)  Possesses certification as a one and two family
342	dwelling inspector issued by the International Code Council or
343	the Southern Building Code Congress International;
344	(b)  Has been certified as a one and two family dwelling
345	inspector by the Florida Building Code Administrators and
346	Inspectors Board under part XII of this chapter; or
347	(c)  Possesses a Division I contractor license under part I
348	of chapter 489.
349	(1)  A person who performs home inspection services as
350	defined in this part may qualify for licensure by the department
351	as a home inspector if the person submits an application to the
352	department postmarked on or before March 1, 2011, which shows
353	that the applicant:
354	(a)  Is certified as a home inspector by a state or
355	national association that requires, for such certification,
356	successful completion of a proctored examination on home
357	inspection services and completes at least 14 hours of
358	verifiable education on such services; or
359	(b)  Has at least 3 years of experience as a home inspector
360	at the time of application and has completed 14 hours of
361	verifiable education on home inspection services. To establish
362	the 3 years of experience, an applicant must submit at least 120
363	home inspection reports prepared by the applicant.
364	(2)  The department may investigate the validity of a home
365	inspection report submitted under paragraph (1)(b) and, if the
366	applicant submits a false report, may take disciplinary action
367	against the applicant under s. 468.832(1)(e) or (g).
368	Section 12.  Paragraph (d) of subsection (1) of section
369	468.841, Florida Statutes, is amended to read:
370	468.841  Exemptions.-
371	(1)  The following persons are not required to comply with
372	any provisions of this part relating to mold assessment:
373	(d)  Persons or business organizations acting within the
374	scope of the respective licenses required under part XV of
375	chapter 468, chapter 471, part I of chapter 481, chapter 482,
376	chapter 489, or part XV of this chapter, are acting on behalf of
377	an insurer under part VI of chapter 626, or are persons in the
378	manufactured housing industry who are licensed under chapter
379	320, except when any such persons or business organizations hold
380	themselves out for hire to the public as a "certified mold
381	assessor," "registered mold assessor," "licensed mold assessor,"
382	"mold assessor," "professional mold assessor," or any
383	combination thereof stating or implying licensure under this
384	part.
385	Section 13.  Subsection (5) of section 481.329, Florida
386	Statutes, is amended to read:
387	481.329  Exceptions; exemptions from licensure.-
388	(5)  Nothing in this part prohibits any person from
389	engaging in the practice of landscape design, as defined in s.
390	481.303(7), nor submitting such plans to governmental agencies
391	for approval. Persons providing landscape design services shall
392	not use the title, term, or designation "landscape architect,"
393	"landscape architectural," "landscape architecture," "L.A.,"
394	"landscape engineering," or any description tending to convey
395	the impression that she or he is a landscape architect unless
396	she or he is registered as provided in this part.
397	Section 14.  Subsection (18) of section 489.103, Florida
398	Statutes, is amended to read:
399	489.103  Exemptions.-This part does not apply to:
400	(18)  Any one-family, two-family, or three-family residence
401	constructed or rehabilitated by Habitat for Humanity
402	International, Inc., or its local affiliates. Habitat for
403	Humanity International, Inc., or its local affiliates, must:
404	(a)  Obtain all necessary building permits.
405	(b)  Obtain all required building code inspections.
406	(c)  Provide for supervision of all work by an individual
407	with construction experience.
408	Section 15.  Subsection (3) of section 489.105, Florida
409	Statutes, is amended to read
410	489.105  Definitions.-As used in this part:
411	(3)  "Contractor" means the person who is qualified for,
412	and is shall only be responsible for, the project contracted for
413	and means, except as exempted in this part, the person who, for
414	compensation, undertakes to, submits a bid to, or does himself
415	or herself or by others construct, repair, alter, remodel, add
416	to, demolish, subtract from, or improve any building or
417	structure, including related improvements to real estate, for
418	others or for resale to others; and whose job scope is
419	substantially similar to the job scope described in one of the
420	subsequent paragraphs of this subsection. For the purposes of
421	regulation under this part, "demolish" applies only to
422	demolition of steel tanks over 50 feet in height; towers over 50
423	feet in height; other structures over 50 feet in height, other
424	than buildings or residences over three stories tall; and
425	buildings or residences over three stories tall. Contractors are
426	subdivided into two divisions, Division I, consisting of those
427	contractors defined in paragraphs (a)-(c), and Division II,
428	consisting of those contractors defined in paragraphs (d)-(r)
429	(d)-(q):
430	(a)  "General contractor" means a contractor whose services
431	are unlimited as to the type of work which he or she may do, who
432	may contract for any activity requiring licensure under this
433	part, and who may perform any work requiring licensure under
434	this part, except as otherwise expressly provided in s. 489.113.
435	(b)  "Building contractor" means a contractor whose
436	services are limited to construction of commercial buildings and
437	single-dwelling or multiple-dwelling residential buildings,
438	which commercial or residential buildings do not exceed three
439	stories in height, and accessory use structures in connection
440	therewith or a contractor whose services are limited to
441	remodeling, repair, or improvement of any size building if the
442	services do not affect the structural members of the building.
443	(c)  "Residential contractor" means a contractor whose
444	services are limited to construction, remodeling, repair, or
445	improvement of one-family, two-family, or three-family
446	residences not exceeding two habitable stories above no more
447	than one uninhabitable story and accessory use structures in
448	connection therewith.
449	(d)  "Sheet metal contractor" means a contractor whose
450	services are unlimited in the sheet metal trade and who has the
451	experience, knowledge, and skill necessary for the manufacture,
452	fabrication, assembling, handling, erection, installation,
453	dismantling, conditioning, adjustment, insulation, alteration,
454	repair, servicing, or design, if when not prohibited by law, of
455	ferrous or nonferrous metal work of U.S. No. 10 gauge or its
456	equivalent or lighter gauge and of other materials, including,
457	but not limited to, fiberglass, used in lieu thereof and of air-
458	handling systems, including the setting of air-handling
459	equipment and reinforcement of same, the balancing of air-
460	handling systems, and any duct cleaning and equipment sanitizing
461	that which requires at least a partial disassembling of the
462	system.
463	(e)  "Roofing contractor" means a contractor whose services
464	are unlimited in the roofing trade and who has the experience,
465	knowledge, and skill to install, maintain, repair, alter,
466	extend, or design, if when not prohibited by law, and use
467	materials and items used in the installation, maintenance,
468	extension, and alteration of all kinds of roofing,
469	waterproofing, and coating, except when coating is not
470	represented to protect, repair, waterproof, stop leaks, or
471	extend the life of the roof. The scope of work of a roofing
472	contractor also includes required roof-deck attachments and any
473	repair or replacement of wood roof sheathing or fascia as needed
474	during roof repair or replacement.
475	(f)  "Class A air-conditioning contractor" means a
476	contractor whose services are unlimited in the execution of
477	contracts requiring the experience, knowledge, and skill to
478	install, maintain, repair, fabricate, alter, extend, or design,
479	if when not prohibited by law, central air-conditioning,
480	refrigeration, heating, and ventilating systems, including duct
481	work in connection with a complete system if only to the extent
482	such duct work is performed by the contractor as is necessary to
483	make complete an air-distribution system, boiler and unfired
484	pressure vessel systems, and all appurtenances, apparatus, or
485	equipment used in connection therewith, and any duct cleaning
486	and equipment sanitizing that which requires at least a partial
487	disassembling of the system; to install, maintain, repair,
488	fabricate, alter, extend, or design, if when not prohibited by
489	law, piping, insulation of pipes, vessels and ducts, pressure
490	and process piping, and pneumatic control piping; to replace,
491	disconnect, or reconnect power wiring on the load side of the
492	dedicated existing electrical disconnect switch; to install,
493	disconnect, and reconnect low voltage heating, ventilating, and
494	air-conditioning control wiring; and to install a condensate
495	drain from an air-conditioning unit to an existing safe waste or
496	other approved disposal other than a direct connection to a
497	sanitary system. The scope of work for such contractor shall
498	also includes include any excavation work incidental thereto,
499	but does shall not include any work such as liquefied petroleum
500	or natural gas fuel lines within buildings, except for
501	disconnecting or reconnecting changeouts of liquefied petroleum
502	or natural gas appliances within buildings; potable water lines
503	or connections thereto; sanitary sewer lines; swimming pool
504	piping and filters; or electrical power wiring.
505	(g)  "Class B air-conditioning contractor" means a
506	contractor whose services are limited to 25 tons of cooling and
507	500,000 Btu of heating in any one system in the execution of
508	contracts requiring the experience, knowledge, and skill to
509	install, maintain, repair, fabricate, alter, extend, or design,
510	if when not prohibited by law, central air-conditioning,
511	refrigeration, heating, and ventilating systems, including duct
512	work in connection with a complete system only to the extent
513	such duct work is performed by the contractor as is necessary to
514	make complete an air-distribution system being installed under
515	this classification, and any duct cleaning and equipment
516	sanitizing that which requires at least a partial disassembling
517	of the system; to install, maintain, repair, fabricate, alter,
518	extend, or design, if when not prohibited by law, piping and
519	insulation of pipes, vessels, and ducts; to replace, disconnect,
520	or reconnect power wiring on the load side of the dedicated
521	existing electrical disconnect switch; to install, disconnect,
522	and reconnect low voltage heating, ventilating, and air-
523	conditioning control wiring; and to install a condensate drain
524	from an air-conditioning unit to an existing safe waste or other
525	approved disposal other than a direct connection to a sanitary
526	system. The scope of work for such contractor shall also
527	includes include any excavation work incidental thereto, but
528	does shall not include any work such as liquefied petroleum or
529	natural gas fuel lines within buildings, except for
530	disconnecting or reconnecting changeouts of liquefied petroleum
531	or natural gas appliances within buildings; potable water lines
532	or connections thereto; sanitary sewer lines; swimming pool
533	piping and filters; or electrical power wiring.
534	(h)  "Class C air-conditioning contractor" means a
535	contractor whose business is limited to the servicing of air-
536	conditioning, heating, or refrigeration systems, including any
537	duct cleaning and equipment sanitizing that which requires at
538	least a partial disassembling of the system, and whose
539	certification or registration, issued pursuant to this part, was
540	valid on October 1, 1988. Only a No person who was not
541	previously registered or certified as a Class C air-conditioning
542	contractor as of October 1, 1988, shall be so registered or
543	certified after October 1, 1988. However, the board shall
544	continue to license and regulate those Class C air-conditioning
545	contractors who held Class C licenses before prior to October 1,
546	1988.
547	(i)  "Mechanical contractor" means a contractor whose
548	services are unlimited in the execution of contracts requiring
549	the experience, knowledge, and skill to install, maintain,
550	repair, fabricate, alter, extend, or design, if when not
551	prohibited by law, central air-conditioning, refrigeration,
552	heating, and ventilating systems, including duct work in
553	connection with a complete system if only to the extent such
554	duct work is performed by the contractor as is necessary to make
555	complete an air-distribution system, boiler and unfired pressure
556	vessel systems, lift station equipment and piping, and all
557	appurtenances, apparatus, or equipment used in connection
558	therewith, and any duct cleaning and equipment sanitizing that
559	which requires at least a partial disassembling of the system;
560	to install, maintain, repair, fabricate, alter, extend, or
561	design, if when not prohibited by law, piping, insulation of
562	pipes, vessels and ducts, pressure and process piping, pneumatic
563	control piping, gasoline tanks and pump installations and piping
564	for same, standpipes, air piping, vacuum line piping, oxygen
565	lines, nitrous oxide piping, ink and chemical lines, fuel
566	transmission lines, liquefied petroleum gas lines within
567	buildings, and natural gas fuel lines within buildings; to
568	replace, disconnect, or reconnect power wiring on the load side
569	of the dedicated existing electrical disconnect switch; to
570	install, disconnect, and reconnect low voltage heating,
571	ventilating, and air-conditioning control wiring; and to install
572	a condensate drain from an air-conditioning unit to an existing
573	safe waste or other approved disposal other than a direct
574	connection to a sanitary system. The scope of work for such
575	contractor shall also includes include any excavation work
576	incidental thereto, but does shall not include any work such as
577	potable water lines or connections thereto, sanitary sewer
578	lines, swimming pool piping and filters, or electrical power
579	wiring.
580	(j)  "Commercial pool/spa contractor" means a contractor
581	whose scope of work involves, but is not limited to, the
582	construction, repair, and servicing of any swimming pool, or hot
583	tub or spa, whether public, private, or otherwise, regardless of
584	use. The scope of work includes the installation, repair, or
585	replacement of existing equipment, any cleaning or equipment
586	sanitizing that which requires at least a partial disassembling,
587	excluding filter changes, and the installation of new pool/spa
588	equipment, interior finishes, the installation of package pool
589	heaters, the installation of all perimeter piping and filter
590	piping, and the construction of equipment rooms or housing for
591	pool/spa equipment, and also includes the scope of work of a
592	swimming pool/spa servicing contractor. The scope of such work
593	does not include direct connections to a sanitary sewer system
594	or to potable water lines. The installation, construction,
595	modification, or replacement of equipment permanently attached
596	to and associated with the pool or spa for the purpose of water
597	treatment or cleaning of the pool or spa requires licensure;
598	however, the usage of such equipment for the purposes of water
599	treatment or cleaning does shall not require licensure unless
600	the usage involves construction, modification, or replacement of
601	such equipment. Water treatment that does not require such
602	equipment does not require a license. In addition, a license is
603	shall not be required for the cleaning of the pool or spa in a
604	any way that does not affect the structural integrity of the
605	pool or spa or its associated equipment.
606	(k)  "Residential pool/spa contractor" means a contractor
607	whose scope of work involves, but is not limited to, the
608	construction, repair, and servicing of a any residential
609	swimming pool, or hot tub or spa, regardless of use. The scope
610	of work includes the installation, repair, or replacement of
611	existing equipment, any cleaning or equipment sanitizing that
612	which requires at least a partial disassembling, excluding
613	filter changes, and the installation of new pool/spa equipment,
614	interior finishes, the installation of package pool heaters, the
615	installation of all perimeter piping and filter piping, and the
616	construction of equipment rooms or housing for pool/spa
617	equipment, and also includes the scope of work of a swimming
618	pool/spa servicing contractor. The scope of such work does not
619	include direct connections to a sanitary sewer system or to
620	potable water lines. The installation, construction,
621	modification, or replacement of equipment permanently attached
622	to and associated with the pool or spa for the purpose of water
623	treatment or cleaning of the pool or spa requires licensure;
624	however, the usage of such equipment for the purposes of water
625	treatment or cleaning does shall not require licensure unless
626	the usage involves construction, modification, or replacement of
627	such equipment. Water treatment that does not require such
628	equipment does not require a license. In addition, a license is
629	shall not be required for the cleaning of the pool or spa in a
630	any way that does not affect the structural integrity of the
631	pool or spa or its associated equipment.
632	(l)  "Swimming pool/spa servicing contractor" means a
633	contractor whose scope of work involves, but is not limited to,
634	the repair and servicing of a any swimming pool, or hot tub or
635	spa, whether public or private, or otherwise, regardless of use.
636	The scope of work includes the repair or replacement of existing
637	equipment, any cleaning or equipment sanitizing that which
638	requires at least a partial disassembling, excluding filter
639	changes, and the installation of new pool/spa equipment,
640	interior refinishing, the reinstallation or addition of pool
641	heaters, the repair or replacement of all perimeter piping and
642	filter piping, the repair of equipment rooms or housing for
643	pool/spa equipment, and the substantial or complete draining of
644	a swimming pool, or hot tub or spa, for the purpose of any
645	repair or renovation. The scope of such work does not include
646	direct connections to a sanitary sewer system or to potable
647	water lines. The installation, construction, modification,
648	substantial or complete disassembly, or replacement of equipment
649	permanently attached to and associated with the pool or spa for
650	the purpose of water treatment or cleaning of the pool or spa
651	requires licensure; however, the usage of such equipment for the
652	purposes of water treatment or cleaning does shall not require
653	licensure unless the usage involves construction, modification,
654	substantial or complete disassembly, or replacement of such
655	equipment. Water treatment that does not require such equipment
656	does not require a license. In addition, a license is shall not
657	be required for the cleaning of the pool or spa in a any way
658	that does not affect the structural integrity of the pool or spa
659	or its associated equipment.
660	(m)  "Plumbing contractor" means a contractor whose
661	contracting business consists of the execution of contracts
662	requiring the experience, financial means, knowledge, and skill
663	to install, maintain, repair, alter, extend, or, if when not
664	prohibited by law, design plumbing. A plumbing contractor may
665	install, maintain, repair, alter, extend, or, if when not
666	prohibited by law, design the following without obtaining an any
667	additional local regulatory license, certificate, or
668	registration: sanitary drainage or storm drainage facilities;
669	venting systems; public or private water supply systems; septic
670	tanks; drainage and supply wells; swimming pool piping;
671	irrigation systems; or solar heating water systems and all
672	appurtenances, apparatus, or equipment used in connection
673	therewith, including boilers and pressure process piping and
674	including the installation of water, natural gas, liquefied
675	petroleum gas and related venting, and storm and sanitary sewer
676	lines; and water and sewer plants and substations. The scope of
677	work of the plumbing contractor also includes the design, if
678	when not prohibited by law, and installation, maintenance,
679	repair, alteration, or extension of air-piping, vacuum line
680	piping, oxygen line piping, nitrous oxide piping, and all
681	related medical gas systems; fire line standpipes and fire
682	sprinklers if to the extent authorized by law; ink and chemical
683	lines; fuel oil and gasoline piping and tank and pump
684	installation, except bulk storage plants; and pneumatic control
685	piping systems, all in such a manner that complies as to comply
686	with all plans, specifications, codes, laws, and regulations
687	applicable. The scope of work of the plumbing contractor applies
688	shall apply to private property and public property, including
689	shall include any excavation work incidental thereto, and
690	includes shall include the work of the specialty plumbing
691	contractor. Such contractor shall subcontract, with a qualified
692	contractor in the field concerned, all other work incidental to
693	the work but which is specified herein as being the work of a
694	trade other than that of a plumbing contractor. Nothing in This
695	definition does not shall be construed to limit the scope of
696	work of any specialty contractor certified pursuant to s.
697	489.113(6), and does not. Nothing in this definition shall be
698	construed to require certification or registration under this
699	part of any authorized employee of a public natural gas utility
700	or of a private natural gas utility regulated by the Public
701	Service Commission when disconnecting and reconnecting water
702	lines in the servicing or replacement of an existing water
703	heater.
704	(n)  "Underground utility and excavation contractor" means
705	a contractor whose services are limited to the construction,
706	installation, and repair, on public or private property, whether
707	accomplished through open excavations or through other means,
708	including, but not limited to, directional drilling, auger
709	boring, jacking and boring, trenchless technologies, wet and dry
710	taps, grouting, and slip lining, of main sanitary sewer
711	collection systems, main water distribution systems, storm sewer
712	collection systems, and the continuation of utility lines from
713	the main systems to a point of termination up to and including
714	the meter location for the individual occupancy, sewer
715	collection systems at property line on residential or single-
716	occupancy commercial properties, or on multioccupancy properties
717	at manhole or wye lateral extended to an invert elevation as
718	engineered to accommodate future building sewers, water
719	distribution systems, or storm sewer collection systems at storm
720	sewer structures. However, an underground utility and excavation
721	contractor may install empty underground conduits in rights-of-
722	way, easements, platted rights-of-way in new site development,
723	and sleeves for parking lot crossings no smaller than 2 inches
724	in diameter if, provided that each conduit system installed is
725	designed by a licensed professional engineer or an authorized
726	employee of a municipality, county, or public utility and that
727	the installation of any such conduit does not include
728	installation of any conductor wiring or connection to an
729	energized electrical system. An underground utility and
730	excavation contractor may shall not install any piping that is
731	an integral part of a fire protection system as defined in s.
732	633.021 beginning at the point where the piping is used
733	exclusively for such system.
734	(o)  "Solar contractor" means a contractor whose services
735	consist of the installation, alteration, repair, maintenance,
736	relocation, or replacement of solar panels for potable solar
737	water heating systems, swimming pool solar heating systems, and
738	photovoltaic systems and any appurtenances, apparatus, or
739	equipment used in connection therewith, whether public, private,
740	or otherwise, regardless of use. A contractor, certified or
741	registered pursuant to the provisions of this chapter, is not
742	required to become a certified or registered solar contractor or
743	to contract with a solar contractor in order to provide any
744	services enumerated in this paragraph that are within the scope
745	of the services such contractors may render under this part.
746	(p)  "Pollutant storage systems contractor" means a
747	contractor whose services are limited to, and who has the
748	experience, knowledge, and skill to install, maintain, repair,
749	alter, extend, or design, if when not prohibited by law, and use
750	materials and items used in the installation, maintenance,
751	extension, and alteration of, pollutant storage tanks. Any
752	person installing a pollutant storage tank shall perform such
753	installation in accordance with the standards adopted pursuant
754	to s. 376.303.
755	(q)  "Glass and glazing contractor" means a contractor
756	whose services are unlimited in the execution of contracts
757	requiring the experience, knowledge, and skill to install,
758	attach, maintain, repair, fabricate, alter, extend, or design,
759	in residential and commercial applications without any height
760	restrictions, all types of windows, glass, and mirrors, whether
761	fixed or movable; swinging or sliding glass doors attached to
762	existing walls, floors, columns, or other structural members of
763	the building; glass holding or supporting mullions or horizontal
764	bars; structurally anchored impact-resistant opening protection
765	attached to existing building walls, floors, columns, or other
766	structural members of the building; prefabricated glass, metal,
767	or plastic curtain walls; storefront frames or panels; shower
768	and tub enclosures; metal fascias; and caulking incidental to
769	such work and assembly.
770	(r)(q)  "Specialty contractor" means a contractor whose
771	scope of work and responsibility is limited to a particular
772	phase of construction established in a category adopted by board
773	rule and whose scope is limited to a subset of the activities
774	described in one of the paragraphs of this subsection.
775	Section 16.  Paragraphs (b) and (c) of subsection (4) of
776	section 489.107, Florida Statutes, are amended to read:
777	489.107  Construction Industry Licensing Board.-
778	(4)  The board shall be divided into two divisions,
779	Division I and Division II.
780	(b)  Division II is comprised of the roofing contractor,
781	sheet metal contractor, air-conditioning contractor, mechanical
782	contractor, pool contractor, plumbing contractor, and
783	underground utility and excavation contractor members of the
784	board; one of the members appointed pursuant to paragraph
785	(2)(j); and one of the members appointed pursuant to paragraph
786	(2)(k). Division II has jurisdiction over the regulation of
787	contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
788	(c)  Jurisdiction for the regulation of specialty
789	contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
790	with the division having jurisdiction over the scope of work of
791	the specialty contractor as defined by board rule.
792	Section 17.  Paragraph (g) of subsection (2) of section
793	489.141, Florida Statutes, is amended to read:
794	489.141  Conditions for recovery; eligibility.-
795	(2)  A claimant is not qualified to make a claim for
796	recovery from the recovery fund, if:
797	(g)  The claimant has contracted with a licensee to perform
798	a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)-
799	(q).
800	Section 18.  Subsection (1) of section 514.028, Florida
801	Statutes, is amended to read:
802	514.028  Advisory review board.-
803	(1)  The Governor shall appoint an advisory review board
804	which shall meet as necessary or at least quarterly, to
805	recommend agency action on variance request, rule and policy
806	development, and other technical review problems. The board
807	shall be comprised of the following:
808	(a)  A representative from the office of licensure and
809	certification of the department.
810	(b)  A representative from the county health departments.
811	(c)  Three representatives from the swimming pool
812	construction industry.
813	(d)  A representative Two representatives from the public
814	lodging industry.
815	(e)  A representative from a county or local building
816	department.
817	Section 19.  Subsection (3) of section 527.06, Florida
818	Statutes, is amended to read:
819	527.06  Rules.-
820	(3)(a)  Rules in substantial conformity with the published
821	standards of the National Fire Protection Association (NFPA) are
822	shall be deemed to be in substantial conformity with the
823	generally accepted standards of safety concerning the same
824	subject matter.
825	(b)  Notwithstanding any other law, the department or other
826	state agency may not require compliance with the minimum
827	separation distances of NFPA 58 for separation between a
828	liquefied petroleum gas tank and a building, adjoining property
829	line, other liquefied petroleum gas tank, or any source of
830	ignition, except in compliance with the minimum separation
831	distances of the 2011 edition of NFPA 58.
832	(c)  If the department, the Florida Building Commission as
833	part of the Florida Building Code, and the Office of the State
834	Fire Marshal as part of the Florida Fire Prevention Code each
835	adopt the minimum separation distances of the 2011 edition of
836	NFPA 58 as rules, whether adopted by setting out the minimum
837	separation distances in the text of the rules or through
838	incorporation by reference, this subsection is repealed upon the
839	last effective date of such rules.
840	Section 20.  Subsection (11) of section 527.21, Florida
841	Statutes, is amended to read:
842	527.21  Definitions relating to Florida Propane Gas
843	Education, Safety, and Research Act.-As used in ss. 527.20-
844	527.23, the term:
845	(11)  "Propane" includes propane, butane, mixtures, and
846	liquefied petroleum gas as defined by the National Fire
847	Protection Association (NFPA) Standard 58, For The Storage and
848	Handling of Liquefied Petroleum Gas Code Gases.
849	Section 21.  Section 553.502, Florida Statutes, is amended
850	to read:
851	553.502  Intent.-The purpose and intent of this part ss.
852	553.501-553.513 is to incorporate into the law of this state the
853	accessibility requirements of the Americans with Disabilities
854	Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101
855	et seq., and to obtain and maintain United States Department of
856	Justice certification of the Florida Accessibility Code for
857	Building Construction as equivalent to federal standards for
858	accessibility of buildings, structures, and facilities. All
859	state laws, rules, standards, and codes governing facilities
860	covered by the Americans with Disabilities Act Standards for
861	Accessible Design guidelines shall be maintained to assure
862	certification of the state's construction standards and codes.
863	This part Nothing in ss. 553.501-553.513 is not intended to
864	expand or diminish the defenses available to a place of public
865	accommodation or a commercial facility under the Americans with
866	Disabilities Act and the standards federal Americans with
867	Disabilities Act Accessibility Guidelines, including, but not
868	limited to, the readily achievable standard, and the standards
869	applicable to alterations to private buildings or facilities as
870	defined by the standards places of public accommodation.
871	Section 22.  Section 553.503, Florida Statutes, is amended
872	to read:
873	553.503  Adoption of federal standards guidelines.-Subject
874	to modifications under this part the exceptions in s. 553.504,
875	the federal Americans with Disabilities Act Standards for
876	Accessible Design Accessibility Guidelines, and related
877	regulations provided as adopted by reference in 28 C.F.R., parts
878	35 and part 36, and 49 C.F.R. part 37 subparts A and D, and
879	Title II of Pub. L. No. 101-336, are hereby adopted and
880	incorporated by reference as the law of this state and shall be
881	incorporated into. The guidelines shall establish the minimum
882	standards for the accessibility of buildings and facilities
883	built or altered within this state. the 1997 Florida
884	Accessibility Code for Building Construction and must be adopted
885	by the Florida Building Commission in accordance with chapter
886	120.
887	Section 23.  Section 553.504, Florida Statutes, is amended
888	to read:
889	553.504  Exceptions to applicability of the federal
890	standards guidelines.-Notwithstanding the adoption of the
891	Americans with Disabilities Act Standards for Accessible Design
892	pursuant to Accessibility Guidelines in s. 553.503, all
893	buildings, structures, and facilities in this state must shall
894	meet the following additional requirements if such requirements
895	when they provide increased accessibility:
896	(1)  All new or altered public buildings and facilities,
897	private buildings and facilities, places of public
898	accommodation, and commercial facilities, as those terms are
899	defined by the standards, subject to this part, ss. 553.501-
900	553.513 which may be frequented in, lived in, or worked in by
901	the public must shall comply with this part ss. 553.501-553.513.
902	(2)  All new single-family houses, duplexes, triplexes,
903	condominiums, and townhouses shall provide at least one
904	bathroom, located with maximum possible privacy, where bathrooms
905	are provided on habitable grade levels, with a door that has a
906	29-inch clear opening. However, if only a toilet room is
907	provided at grade level, such toilet room must shall have a
908	clear opening of at least not less than 29 inches.
909	(3)  All required doors and walk-through openings in
910	buildings excluding single-family homes, duplexes, and triplexes
911	not covered by the Americans with Disabilities Act of 1990 or
912	the Fair Housing Act shall have at least 29 inches of clear
913	width except under ss. 553.501-553.513.
914	(4)  In addition to the requirements in reference 4.8.4 of
915	the guidelines, all landings on ramps shall be not less than 60
916	inches clear, and the bottom of each ramp shall have not less
917	than 72 inches of straight and level clearance.
918	(5)  All curb ramps shall be designed and constructed in
919	accordance with the following requirements:
920	(a)  Notwithstanding the requirements of reference 4.8.5.2
921	of the guidelines, handrails on ramps which are not continuous
922	shall extend not less than 18 inches beyond the sloped segment
923	at both the top and bottom, and shall be parallel to the floor
924	or ground surface.
925	(b)  Notwithstanding the requirements of references 4.3.3
926	and 4.8.3 of the guidelines, curb ramps that are part of a
927	required means of egress shall be not less than 44 inches wide.
928	(c)  Notwithstanding the requirements of reference 4.7.5 of
929	the guidelines, curb ramps located where pedestrians must use
930	them and all curb ramps which are not protected by handrails or
931	guardrails shall have flared sides with a slope not exceeding a
932	ratio of 1 to 12.
933	(3)(6)  Notwithstanding the requirements in s. 404.2.9
934	reference 4.13.11 of the standards guidelines, exterior hinged
935	doors must shall be so designed so that such doors can be pushed
936	or pulled open with a force not exceeding 8.5 foot pounds.
937	(7)  Notwithstanding the requirements in reference 4.33.1
938	of the guidelines, all public food service establishments, all
939	establishments licensed under the Beverage Law for consumption
940	on the premises, and all facilities governed by reference 4.1 of
941	the guidelines shall provide seating or spaces for seating in
942	accordance with the following requirements:
943	(a)  For the first 100 fixed seats, accessible and usable
944	spaces must be provided consistent with the following table:
945
	Capacity of SeatingIn Assembly Areas Number of RequiredWheelchair Locations
946
	1 to 25     1
947
	26 to 50     2
948
	51 to 100     4
949
950	(b)  For all remaining fixed seats, there shall be not less
951	than one such accessible and usable space for each 100 fixed
952	seats or fraction thereof.
953	(8)  Notwithstanding the requirements in references 4.32.1-
954	4.32.4 of the guidelines, all fixed seating in public food
955	service establishments, in establishments licensed under the
956	Beverage Law for consumption on the premises, and in all other
957	facilities governed by reference 4.1 of the guidelines shall be
958	designed and constructed in accordance with the following
959	requirements:
960	(a)  All aisles adjacent to fixed seating shall provide
961	clear space for wheelchairs.
962	(b)  Where there are open positions along both sides of
963	such aisles, the aisles shall be not less than 52 inches wide.
964	(4)(9)  In motels and hotels a number of rooms equaling at
965	least 5 percent of the guest rooms minus the number of
966	accessible rooms required by the standards must guidelines shall
967	provide the following special accessibility features:
968	(a)  Grab rails in bathrooms and toilet rooms that comply
969	with s. 604.5 4.16.4 of the standards guidelines.
970	(b)  All beds in designed accessible guest rooms must shall
971	be an open-frame type that allows the to permit passage of lift
972	devices.
973	(c)  Water closets that comply with section 604.4 of the
974	standards. All standard water closet seats shall be at a height
975	of 15 inches, measured vertically from the finished floor to the
976	top of the seat, with a variation of plus or minus 1/2 inch. A
977	portable or attached raised toilet seat shall be provided in all
978	designated handicapped accessible rooms.
979
980	All buildings, structures, or facilities licensed as a hotel,
981	motel, or condominium pursuant to chapter 509 are shall be
982	subject to the provisions of this subsection. This subsection
983	does not relieve Nothing in this subsection shall be construed
984	as relieving the owner of the responsibility of providing
985	accessible rooms in conformance with ss. 224 and 806 of the
986	standards 9.1-9.5 of the guidelines.
987	(10)  Notwithstanding the requirements in reference 4.29.2
988	of the guidelines, all detectable warning surfaces required by
989	the guidelines shall be governed by the requirements of American
990	National Standards Institute A117.1-1986.
991	(11)  Notwithstanding the requirements in references 4.31.2
992	and 4.31.3 of the guidelines, the installation and placement of
993	all public telephones shall be governed by the rules of the
994	Florida Public Service Commission.
995	(5)(12)  Notwithstanding ss. 213 and 604 of the standards
996	the requirements in references 4.1.3(11) and 4.16-4.23 of the
997	guidelines, required bathing rooms restrooms and toilet rooms in
998	new construction shall be designed and constructed in accordance
999	with the following requirements:
1000	(a)  The wheelchair standard accessible toilet compartment
1001	must restroom stall shall contain an accessible lavatory within
1002	it, which must be at least the size of such lavatory to be not
1003	less than 19 inches wide by 17 inches deep, nominal size, and
1004	wall-mounted. The lavatory shall be mounted so as not to overlap
1005	the clear floor space areas required by s. 604 of the standards
1006	4.17 figure 30(a) of the guidelines for the standard accessible
1007	toilet compartment stall and to comply with s. 606 of the
1008	standards 4.19 of the guidelines. Such lavatories shall be
1009	counted as part of the required fixture count for the building.
1010	(b)  The accessible water closet within the wheelchair
1011	accessible toilet compartment must shall be located in the
1012	corner, diagonal to the door.
1013	(c)  The accessible stall door shall be self-closing.
1014	(13)  All customer checkout aisles not required by the
1015	guidelines to be handicapped accessible shall have at least 32
1016	inches of clear passage.
1017	(14)  Turnstiles shall not be used in occupancies which
1018	serve fewer than 100 persons, but turnstiles may be used in
1019	occupancies which serve at least 100 persons if there is an
1020	unlocked alternate passageway on an accessible route affording
1021	not less than 32 inches of clearance, equipped with latching
1022	devices in accordance with the guidelines.
1023	(6)(15)  Barriers at common or emergency entrances and
1024	exits of business establishments conducting business with the
1025	general public that are existing, under construction, or under
1026	contract for construction which would prevent a person from
1027	using such entrances or exits must shall be removed.
1028	Section 24.  Section 553.5041, Florida Statutes, is amended
1029	to read:
1030	553.5041  Parking spaces for persons who have
1031	disabilities.-
1032	(1)  This section is not intended to expand or diminish the
1033	defenses available to a place of public accommodation under the
1034	Americans with Disabilities Act and the federal Americans with
1035	Disabilities Act Standards for Accessible Design Accessibility
1036	Guidelines, including, but not limited to, the readily
1037	achievable standard, and the standards applicable to alterations
1038	to places of public accommodation and commercial facilities.
1039	Subject to the exceptions described in subsections (2), (4),
1040	(5), and (6), if when the parking and loading zone requirements
1041	of the federal standards and related regulations Americans with
1042	Disabilities Act Accessibility Guidelines (ADAAG), as adopted by
1043	reference in 28 C.F.R. part 36, subparts A and D, and Title II
1044	of Pub. L. No. 101-336, provide increased accessibility, those
1045	requirements are adopted and incorporated by reference as the
1046	law of this state.
1047	(2)  State agencies and political subdivisions having
1048	jurisdiction over street parking or publicly owned or operated
1049	parking facilities are not required to provide a greater right-
1050	of-way width than would otherwise be planned under regulations,
1051	guidelines, or practices normally applied to new development.
1052	(3)  Designated accessible If parking spaces are provided
1053	for self-parking by employees or visitors, or both, accessible
1054	spaces shall be provided in each such parking area. Such spaces
1055	shall be designed and marked for the exclusive use of those
1056	individuals who have a severe physical disability and have
1057	permanent or temporary mobility problems that substantially
1058	impair their ability to ambulate and who have been issued either
1059	a disabled parking permit under s. 316.1958 or s. 320.0848 or a
1060	license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.
1061	320.0845.
1062	(4)  The number of accessible parking spaces must comply
1063	with the parking requirements in ADAAG s. 208 of the standards
1064	4.1 and the following:
1065	(a)  There must be one accessible parking space in the
1066	immediate vicinity of a publicly owned or leased building that
1067	houses a governmental entity or a political subdivision,
1068	including, but not limited to, state office buildings and
1069	courthouses, if no parking for the public is not provided on the
1070	premises of the building.
1071	(b)  There must be one accessible parking space for each
1072	150 metered on-street parking spaces provided by state agencies
1073	and political subdivisions.
1074	(c)  The number of parking spaces for persons who have
1075	disabilities must be increased on the basis of demonstrated and
1076	documented need.
1077	(5)  Accessible perpendicular and diagonal accessible
1078	parking spaces and loading zones must be designed and located to
1079	conform to in conformance with the guidelines set forth in ADAAG
1080	ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.
1081	A4.6.3 "Universal Parking Design."
1082	(a)  All spaces must be located on an accessible route that
1083	is at least no less than 44 inches wide so that users are will
1084	not be compelled to walk or wheel behind parked vehicles except
1085	behind his or her own vehicle.
1086	(b)  Each space must be located on the shortest safely
1087	accessible route from the parking space to an accessible
1088	entrance. If there are multiple entrances or multiple retail
1089	stores, the parking spaces must be dispersed to provide parking
1090	at the nearest accessible entrance. If a theme park or an
1091	entertainment complex as defined in s. 509.013(9) provides
1092	parking in several lots or areas from which access to the theme
1093	park or entertainment complex is provided, a single lot or area
1094	may be designated for parking by persons who have disabilities,
1095	if the lot or area is located on the shortest safely accessible
1096	route to an accessible entrance to the theme park or
1097	entertainment complex or to transportation to such an accessible
1098	entrance.
1099	(c)1.  Each parking space must be at least no less than 12
1100	feet wide. Parking access aisles must be at least no less than 5
1101	feet wide and must be part of an accessible route to the
1102	building or facility entrance. In accordance with ADAAG s.
1103	4.6.3, access aisles must be placed adjacent to accessible
1104	parking spaces; however, two accessible parking spaces may share
1105	a common access aisle. The access aisle must be striped
1106	diagonally to designate it as a no-parking zone.
1107	2.  The parking access aisles are reserved for the
1108	temporary exclusive use of persons who have disabled parking
1109	permits and who require extra space to deploy a mobility device,
1110	lift, or ramp in order to exit from or enter a vehicle. Parking
1111	is not allowed in an access aisle. Violators are subject to the
1112	same penalties that are imposed for illegally parking in parking
1113	spaces that are designated for persons who have disabilities. A
1114	vehicle may not be parked in an access aisle, even if the
1115	vehicle owner or passenger is disabled or owns a disabled
1116	parking permit.
1117	3.  Notwithstanding any other provision of this subsection
1118	to the contrary notwithstanding, a theme park or an
1119	entertainment complex as defined in s. 509.013(9) in which are
1120	provided continuous attendant services are provided for
1121	directing individuals to marked accessible parking spaces or
1122	designated lots for parking by persons who have disabilities,
1123	may, in lieu of the required parking space design, provide
1124	parking spaces that comply with ADAAG ss. 208 and 502 of the
1125	standards 4.1 and 4.6.
1126	(d)  On-street parallel parking spaces must be located
1127	either at the beginning or end of a block or adjacent to alley
1128	entrances. Such spaces must be designed to conform to in
1129	conformance with the guidelines set forth in ADAAG ss. 208 and
1130	502 of the standards, except that 4.6.2 through 4.6.5,
1131	exception: access aisles are not required. Curbs adjacent to
1132	such spaces must be of a height that does will not interfere
1133	with the opening and closing of motor vehicle doors. This
1134	subsection does not relieve the owner of the responsibility to
1135	comply with the parking requirements of ADAAG ss. 208 and 502 of
1136	the standards 4.1 and 4.6.
1137	(e)  Parallel parking spaces must be even with surface
1138	slopes, may match the grade of the adjacent travel lane, and
1139	must not exceed a cross slope of 1 to 50, where feasible.
1140	(f)  Curb ramps must be located outside of the disabled
1141	parking spaces and access aisles.
1142	(e)(g)1.  The removal of architectural barriers from a
1143	parking facility in accordance with 28 C.F.R. s. 36.304 or with
1144	s. 553.508 must comply with this section unless compliance would
1145	cause the barrier removal not to be readily achievable. If
1146	compliance would cause the barrier removal not to be readily
1147	achievable, a facility may provide parking spaces at alternative
1148	locations for persons who have disabilities and provide
1149	appropriate signage directing such persons who have disabilities
1150	to the alternative parking if readily achievable. The facility
1151	may not reduce the required number or dimensions of those spaces
1152	or, nor may it unreasonably increase the length of the
1153	accessible route from a parking space to the facility. The
1154	removal of an architectural barrier must not create a
1155	significant risk to the health or safety of a person who has a
1156	disability or to that of others.
1157	2.  A facility that is making alterations under s.
1158	553.507(2)(b) must comply with this section to the maximum
1159	extent feasible. If compliance with parking location
1160	requirements is not feasible, the facility may provide parking
1161	spaces at alternative locations for persons who have
1162	disabilities and provide appropriate signage directing such
1163	persons who have a disability to alternative parking. The
1164	facility may not reduce the required number or dimensions of
1165	those spaces, or nor may it unnecessarily increase the length of
1166	the accessible route from a parking space to the facility. The
1167	alteration must not create a significant risk to the health or
1168	safety of a person who has a disability or to that of others.
1169	(6)  Each such parking space must be striped in a manner
1170	that is consistent with the standards of the controlling
1171	jurisdiction for other spaces and prominently outlined with blue
1172	paint, and must be repainted when necessary, to be clearly
1173	distinguishable as a parking space designated for persons who
1174	have disabilities. The space and must be posted with a permanent
1175	above-grade sign of a color and design approved by the
1176	Department of Transportation, which is placed on or at least 60
1177	inches above the finished floor or ground surface measured to
1178	the bottom of the sign a distance of 84 inches above the ground
1179	to the bottom of the sign and which bears the international
1180	symbol of accessibility meeting the requirements of ADAAG s.
1181	703.7.2.1 of the standards 4.30.7 and the caption "PARKING BY
1182	DISABLED PERMIT ONLY." Such a sign erected after October 1,
1183	1996, must indicate the penalty for illegal use of the space.
1184	Notwithstanding any other provision of this section to the
1185	contrary notwithstanding, in a theme park or an entertainment
1186	complex as defined in s. 509.013(9) in which accessible parking
1187	is located in designated lots or areas, the signage indicating
1188	the lot as reserved for accessible parking may be located at the
1189	entrances to the lot in lieu of a sign at each parking place.
1190	This subsection does not relieve the owner of the responsibility
1191	of complying with the signage requirements of ADAAG s. 502.6 of
1192	the standards 4.30.
1193	Section 25.  Section 553.505, Florida Statutes, is amended
1194	to read:
1195	553.505  Exceptions to applicability of the Americans with
1196	Disabilities Act.-Notwithstanding the Americans with
1197	Disabilities Act of 1990, private clubs are governed by this
1198	part ss. 553.501-553.513. Parking spaces, parking lots, and
1199	other parking facilities are governed by s. 553.5041 when that
1200	section provides increased accessibility.
1201	Section 26.  Section 553.506, Florida Statutes, is amended
1202	to read:
1203	553.506  Powers of the commission.-In addition to any other
1204	authority vested in the Florida Building Commission by law, the
1205	commission, in implementing this part ss. 553.501-553.513, may,
1206	by rule, adopt revised and updated versions of the Americans
1207	with Disabilities Act Standards for Accessible Design
1208	Accessibility Guidelines in accordance with chapter 120.
1209	Section 27.  Section 553.507, Florida Statutes, is amended
1210	to read:
1211	553.507  Applicability Exemptions.-This part applies to
1212	Sections 553.501-553.513 do not apply to any of the following:
1213	(1)  All areas of newly designed and newly constructed
1214	buildings and facilities as determined by the federal standards
1215	established and adopted pursuant to s. 553.503. Buildings,
1216	structures, or facilities that were either under construction or
1217	under contract for construction on October 1, 1997.
1218	(2)  Portions of altered buildings and facilities as
1219	determined by the federal standards established and adopted
1220	pursuant to s. 553.503. Buildings, structures, or facilities
1221	that were in existence on October 1, 1997, unless:
1222	(a)  The building, structure, or facility is being
1223	converted from residential to nonresidential or mixed use, as
1224	defined by local law;
1225	(b)  The proposed alteration or renovation of the building,
1226	structure, or facility will affect usability or accessibility to
1227	a degree that invokes the requirements of s. 303(a) of the
1228	Americans with Disabilities Act of 1990; or
1229	(c)  The original construction or any former alteration or
1230	renovation of the building, structure, or facility was carried
1231	out in violation of applicable permitting law.
1232	(3)  A building or facility that is being converted from
1233	residential to nonresidential or mixed use as defined by the
1234	Florida Building Code. Such building or facility must, at a
1235	minimum, comply with s. 553.508 and the requirements for
1236	alterations as determined by the federal standards established
1237	and adopted pursuant to s. 553.503.
1238	(4)  Buildings and facilities where the original
1239	construction or any former alteration or renovation was carried
1240	out in violation of applicable permitting law.
1241	Section 28.  Section 553.509, Florida Statutes, is amended
1242	to read:
1243	553.509  Vertical accessibility.-
1244	(1)  This part and the Americans with Disabilities Act
1245	Standards for Accessible Design do not Nothing in ss. 553.501-
1246	553.513 or the guidelines shall be construed to relieve the
1247	owner of any building, structure, or facility governed by this
1248	part those sections from the duty to provide vertical
1249	accessibility to all levels above and below the occupiable grade
1250	level, regardless of whether the standards guidelines require an
1251	elevator to be installed in such building, structure, or
1252	facility, except for:
1253	(a)  Elevator pits, elevator penthouses, mechanical rooms,
1254	piping or equipment catwalks, and automobile lubrication and
1255	maintenance pits and platforms.;
1256	(b)  Unoccupiable spaces, such as rooms, enclosed spaces,
1257	and storage spaces that are not designed for human occupancy,
1258	for public accommodations, or for work areas.; and
1259	(c)  Occupiable spaces and rooms that are not open to the
1260	public and that house no more than five persons, including, but
1261	not limited to, equipment control rooms and projection booths.
1262	(d)  Theaters, concert halls, and stadiums, or other large
1263	assembly areas that have stadium-style seating or tiered seating
1264	if ss. 221 and 802 of the standards are met.
1265	(e)  All play and recreation areas if the requirements of
1266	chapter 10 of the standards are met.
1267	(f)  All employee areas as exempted in s. 203.9 of the
1268	standards.
1269	(g)  Facilities, sites, and spaces exempted by s. 203 of
1270	the standards.
1271	(2)(a)  Any person, firm, or corporation that owns,
1272	manages, or operates a residential multifamily dwelling,
1273	including a condominium, that is at least 75 feet high and
1274	contains a public elevator, as described in s. 399.035(2) and
1275	(3) and rules adopted by the Florida Building Commission, shall
1276	have at least one public elevator that is capable of operating
1277	on an alternate power source for emergency purposes. Alternate
1278	power shall be available for the purpose of allowing all
1279	residents access for a specified number of hours each day over a
1280	5-day period following a natural disaster, manmade disaster,
1281	emergency, or other civil disturbance that disrupts the normal
1282	supply of electricity. The alternate power source that controls
1283	elevator operations must also be capable of powering any
1284	connected fire alarm system in the building.
1285	(b)  At a minimum, the elevator must be appropriately
1286	prewired and prepared to accept an alternate power source and
1287	must have a connection on the line side of the main disconnect,
1288	pursuant to National Electric Code Handbook, Article 700. In
1289	addition to the required power source for the elevator and
1290	connected fire alarm system in the building, the alternate power
1291	supply must be sufficient to provide emergency lighting to the
1292	interior lobbies, hallways, and other portions of the building
1293	used by the public. Residential multifamily dwellings must have
1294	an available generator and fuel source on the property or have
1295	proof of a current contract posted in the elevator machine room
1296	or other place conspicuous to the elevator inspector affirming a
1297	current guaranteed service contract for such equipment and fuel
1298	source to operate the elevator on an on-call basis within 24
1299	hours after a request. By December 31, 2006, any person, firm or
1300	corporation that owns, manages, or operates a residential
1301	multifamily dwelling as defined in paragraph (a) must provide to
1302	the local building inspection agency verification of engineering
1303	plans for residential multifamily dwellings that provide for the
1304	capability to generate power by alternate means. Compliance with
1305	installation requirements and operational capability
1306	requirements must be verified by local building inspectors and
1307	reported to the county emergency management agency by December
1308	31, 2007.
1309	(c)  Each newly constructed residential multifamily
1310	dwelling, including a condominium, that is at least 75 feet high
1311	and contains a public elevator, as described in s. 399.035(2)
1312	and (3) and rules adopted by the Florida Building Commission,
1313	must have at least one public elevator that is capable of
1314	operating on an alternate power source for the purpose of
1315	allowing all residents access for a specified number of hours
1316	each day over a 5-day period following a natural disaster,
1317	manmade disaster, emergency, or other civil disturbance that
1318	disrupts the normal supply of electricity. The alternate power
1319	source that controls elevator operations must be capable of
1320	powering any connected fire alarm system in the building. In
1321	addition to the required power source for the elevator and
1322	connected fire alarm system, the alternate power supply must be
1323	sufficient to provide emergency lighting to the interior
1324	lobbies, hallways, and other portions of the building used by
1325	the public. Engineering plans and verification of operational
1326	capability must be provided by the local building inspector to
1327	the county emergency management agency before occupancy of the
1328	newly constructed building.
1329	(d)  Each person, firm, or corporation that is required to
1330	maintain an alternate power source under this subsection shall
1331	maintain a written emergency operations plan that details the
1332	sequence of operations before, during, and after a natural or
1333	manmade disaster or other emergency situation. The plan must
1334	include, at a minimum, a lifesafety plan for evacuation,
1335	maintenance of the electrical and lighting supply, and
1336	provisions for the health, safety, and welfare of the residents.
1337	In addition, the owner, manager, or operator of the residential
1338	multifamily dwelling must keep written records of any contracts
1339	for alternative power generation equipment. Also, quarterly
1340	inspection records of lifesafety equipment and alternate power
1341	generation equipment must be posted in the elevator machine room
1342	or other place conspicuous to the elevator inspector, which
1343	confirm that such equipment is properly maintained and in good
1344	working condition, and copies of contracts for alternate power
1345	generation equipment shall be maintained on site for
1346	verification. The written emergency operations plan and
1347	inspection records shall also be open for periodic inspection by
1348	local and state government agencies as deemed necessary. The
1349	owner or operator must keep a generator key in a lockbox posted
1350	at or near any installed generator unit.
1351	(e)  Multistory affordable residential dwellings for
1352	persons age 62 and older that are financed or insured by the
1353	United States Department of Housing and Urban Development must
1354	make every effort to obtain grant funding from the Federal
1355	Government or the Florida Housing Finance Corporation to comply
1356	with this subsection. If an owner of such a residential dwelling
1357	cannot comply with the requirements of this subsection, the
1358	owner must develop a plan with the local emergency management
1359	agency to ensure that residents are evacuated to a place of
1360	safety in the event of a power outage resulting from a natural
1361	or manmade disaster or other emergency situation that disrupts
1362	the normal supply of electricity for an extended period of time.
1363	A place of safety may include, but is not limited to, relocation
1364	to an alternative site within the building or evacuation to a
1365	local shelter.
1366	(f)  As a part of the annual elevator inspection required
1367	under s. 399.061, certified elevator inspectors shall confirm
1368	that all installed generators required by this chapter are in
1369	working order, have current inspection records posted in the
1370	elevator machine room or other place conspicuous to the elevator
1371	inspector, and that the required generator key is present in the
1372	lockbox posted at or near the installed generator. If a building
1373	does not have an installed generator, the inspector shall
1374	confirm that the appropriate prewiring and switching
1375	capabilities are present and that a statement is posted in the
1376	elevator machine room or other place conspicuous to the elevator
1377	inspector affirming a current guaranteed contract exists for
1378	contingent services for alternate power is current for the
1379	operating period.
1380	(2)  However, buildings, structures, and facilities must,
1381	as a minimum, comply with the requirements in the Americans with
1382	Disabilities Act Standards for Accessible Design Accessibility
1383	Guidelines.
1384	Section 29.  Consistent with the federal implementation of
1385	the 2010 Americans with Disabilities Act Standards for
1386	Accessible Design, buildings and facilities in this state may be
1387	designed in conformity with the 2010 standards if the design
1388	also complies with Florida-specific requirements provided in
1389	part II of chapter 553, Florida Statutes, until the Florida
1390	Accessibility Code for Building Construction is updated to
1391	implement the changes to part II of chapter 553, Florida
1392	Statutes, as provided by this Act.
1393	Section 30.  Subsections (3), (7), (8), and (9), and
1394	paragraph (h) of subsection (10) of section 553.73, Florida
1395	Statutes, are amended to read:
1396	553.73  Florida Building Code.-
1397	(3)  The commission shall use the International Codes
1398	published by the International Code Council, the National
1399	Electric Code (NFPA 70), or other nationally adopted model codes
1400	and standards needed to develop the base code in Florida select
1401	from available national or international model building codes,
1402	or other available building codes and standards currently
1403	recognized by the laws of this state, to form the foundation for
1404	the Florida Building Code. The commission may modify the
1405	selected model codes and standards as needed to accommodate the
1406	specific needs of this state. Standards or criteria referenced
1407	by the selected model codes shall be similarly incorporated by
1408	reference. If a referenced standard or criterion requires
1409	amplification or modification to be appropriate for use in this
1410	state, only the amplification or modification shall be
1411	specifically set forth in the Florida Building Code. The Florida
1412	Building Commission may approve technical amendments to the
1413	code, subject to the requirements of subsections (8) and (9),
1414	after the amendments have been subject to the following
1415	conditions:
1416	(a)  The proposed amendment has been published on the
1417	commission's website for a minimum of 45 days and all the
1418	associated documentation has been made available to any
1419	interested party before any consideration by a any Technical
1420	Advisory Committee;
1421	(b)  In order for a Technical Advisory Committee to make a
1422	favorable recommendation to the commission, the proposal must
1423	receive a three-fourths vote of the members present at the
1424	Technical Advisory Committee meeting and at least half of the
1425	regular members must be present in order to conduct a meeting;
1426	(c)  After Technical Advisory Committee consideration and a
1427	recommendation for approval of any proposed amendment, the
1428	proposal must be published on the commission's website for at
1429	least not less than 45 days before any consideration by the
1430	commission; and
1431	(d)  A Any proposal may be modified by the commission based
1432	on public testimony and evidence from a public hearing held in
1433	accordance with chapter 120.
1434
1435	The commission shall incorporate within sections of the Florida
1436	Building Code provisions which address regional and local
1437	concerns and variations. The commission shall make every effort
1438	to minimize conflicts between the Florida Building Code, the
1439	Florida Fire Prevention Code, and the Life Safety Code.
1440	(7)(a)  The commission, by rule adopted pursuant to ss.
1441	120.536(1) and 120.54, shall update the Florida Building Code
1442	every 3 years. When updating the Florida Building Code, the
1443	commission shall select the most current version of the
1444	International Building Code, the International Fuel Gas Code,
1445	the International Mechanical Code, the International Plumbing
1446	Code, and the International Residential Code, all of which are
1447	adopted by the International Code Council, and the National
1448	Electrical Code, which is adopted by the National Fire
1449	Protection Association, to form the foundation codes of the
1450	updated Florida Building Code, if the version has been adopted
1451	by the applicable model code entity. The commission shall select
1452	the most current version of the International Energy
1453	Conservation Code (IECC) as a foundation code; however, the IECC
1454	shall be modified by the commission to maintain the efficiencies
1455	of the Florida Energy Efficiency Code for Building Construction
1456	adopted and amended pursuant to s. 553.901.
1457	(b)  Codes regarding noise contour lines shall be reviewed
1458	annually, and the most current federal guidelines shall be
1459	adopted.
1460	(c)  The commission may modify any portion of the
1461	foundation codes only as needed to accommodate the specific
1462	needs of this state, maintaining Florida-specific amendments
1463	previously adopted by the commission and not addressed by the
1464	updated foundation code. Standards or criteria referenced by the
1465	codes shall be incorporated by reference. If a referenced
1466	standard or criterion requires amplification or modification to
1467	be appropriate for use in this state, only the amplification or
1468	modification shall be set forth in the Florida Building Code.
1469	The commission may approve technical amendments to the updated
1470	Florida Building Code after the amendments have been subject to
1471	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
1472	the foundation codes which are adopted in accordance with this
1473	subsection shall be clearly marked in printed versions of the
1474	Florida Building Code so that the fact that the provisions are
1475	Florida-specific amendments to the foundation codes is readily
1476	apparent.
1477	(d)  The commission shall further consider the commission's
1478	own interpretations, declaratory statements, appellate
1479	decisions, and approved statewide and local technical amendments
1480	and shall incorporate such interpretations, statements,
1481	decisions, and amendments into the updated Florida Building Code
1482	only to the extent that they are needed to modify the foundation
1483	codes to accommodate the specific needs of the state. A change
1484	made by an institute or standards organization to any standard
1485	or criterion that is adopted by reference in the Florida
1486	Building Code does not become effective statewide until it has
1487	been adopted by the commission. Furthermore, the edition of the
1488	Florida Building Code which is in effect on the date of
1489	application for any permit authorized by the code governs the
1490	permitted work for the life of the permit and any extension
1491	granted to the permit.
1492	(e)  A rule updating the Florida Building Code in
1493	accordance with this subsection shall take effect no sooner than
1494	6 months after publication of the updated code. Any amendment to
1495	the Florida Building Code which is adopted upon a finding by the
1496	commission that the amendment is necessary to protect the public
1497	from immediate threat of harm takes effect immediately.
1498	(f)  Provisions of the foundation codes, including those
1499	contained in referenced standards and criteria, relating to wind
1500	resistance or the prevention of water intrusion may not be
1501	modified to diminish those construction requirements; however,
1502	the commission may, subject to conditions in this subsection,
1503	modify the provisions to enhance those construction
1504	requirements.
1505	(g)  Amendments or modifications to the foundation code
1506	pursuant to this subsection shall remain effective only until
1507	the adoption by the commission of the new edition of the Florida
1508	Building Code every third year. If amendments that expire
1509	pursuant to this paragraph are resubmitted through the Florida
1510	Building Commission code adoption process, the amendments must
1511	specifically address whether:
1512	1.  The provisions contained in the proposed amendment are
1513	addressed in the applicable international code.
1514	2.  The amendment demonstrates by evidence or data that the
1515	geographical jurisdiction of Florida exhibits a need to
1516	strengthen the foundation code beyond the needs or regional
1517	variations addressed by the foundation code, and why the
1518	proposed amendment applies to this state.
1519	3.  The proposed amendment was submitted or attempted to be
1520	included in the foundation codes to avoid resubmission to the
1521	Florida Building Code amendment process.
1522
1523	If the proposed amendment has been addressed in the
1524	international code in a substantially equivalent manner, the
1525	Florida Building Commission may not include the proposed
1526	amendment in the foundation code.
1527	(8)  Notwithstanding the provisions of subsection (3) or
1528	subsection (7), the commission may address issues identified in
1529	this subsection by amending the code pursuant only to the rule
1530	adoption procedures contained in chapter 120. Provisions of the
1531	Florida Building Code, including those contained in referenced
1532	standards and criteria, relating to wind resistance or the
1533	prevention of water intrusion may not be amended pursuant to
1534	this subsection to diminish those construction requirements;
1535	however, the commission may, subject to conditions in this
1536	subsection, amend the provisions to enhance those construction
1537	requirements. Following the approval of any amendments to the
1538	Florida Building Code by the commission and publication of the
1539	amendments on the commission's website, authorities having
1540	jurisdiction to enforce the Florida Building Code may enforce
1541	the amendments. The commission may approve amendments that are
1542	needed to address:
1543	(a)  Conflicts within the updated code;
1544	(b)  Conflicts between the updated code and the Florida
1545	Fire Prevention Code adopted pursuant to chapter 633;
1546	(c)  The omission of previously adopted Florida-specific
1547	amendments to the updated code if such omission is not supported
1548	by a specific recommendation of a technical advisory committee
1549	or particular action by the commission;
1550	(c)(d)  Unintended results from the integration of
1551	previously adopted Florida-specific amendments with the model
1552	code;
1553	(d)(e) Equivalency of standards;
1554	(e)(f)  Changes to or inconsistencies with federal or state
1555	law; or
1556	(f)(g)  Adoption of an updated edition of the National
1557	Electrical Code if the commission finds that delay of
1558	implementing the updated edition causes undue hardship to
1559	stakeholders or otherwise threatens the public health, safety,
1560	and welfare.
1561	(9)(a)  The commission may approve technical amendments to
1562	the Florida Building Code once each year for statewide or
1563	regional application upon a finding that the amendment:
1564	1.  Is needed in order to accommodate the specific needs of
1565	this state.
1566	2.  Has a reasonable and substantial connection with the
1567	health, safety, and welfare of the general public.
1568	3.  Strengthens or improves the Florida Building Code, or
1569	in the case of innovation or new technology, will provide
1570	equivalent or better products or methods or systems of
1571	construction.
1572	4.  Does not discriminate against materials, products,
1573	methods, or systems of construction of demonstrated
1574	capabilities.
1575	5.  Does not degrade the effectiveness of the Florida
1576	Building Code.
1577
1578	Furthermore, The Florida Building Commission may approve
1579	technical amendments to the code once each year to incorporate
1580	into the Florida Building Code its own interpretations of the
1581	code which are embodied in its opinions, final orders,
1582	declaratory statements, and interpretations of hearing officer
1583	panels under s. 553.775(3)(c), but shall do so only to the
1584	extent that the incorporation of interpretations is needed to
1585	modify the foundation codes to accommodate the specific needs of
1586	this state. Amendments approved under this paragraph shall be
1587	adopted by rule pursuant to ss. 120.536(1) and 120.54, after the
1588	amendments have been subjected to the provisions of subsection
1589	(3).
1590	(b)  A proposed amendment must shall include a fiscal
1591	impact statement that which documents the costs and benefits of
1592	the proposed amendment. Criteria for the fiscal impact statement
1593	shall be established by rule by the commission and shall include
1594	the impact to local government relative to enforcement, the
1595	impact to property and building owners, and the impact as well
1596	as to industry, relative to the cost of compliance. The
1597	amendment must demonstrate by evidence or data that the state's
1598	geographical jurisdiction exhibits a need to strengthen the
1599	foundation code beyond the needs or regional variations
1600	addressed by the foundation code and why the proposed amendment
1601	applies to this state.
1602	(c)  The commission may not approve any proposed amendment
1603	that does not accurately and completely address all requirements
1604	for amendment which are set forth in this section. The
1605	commission shall require all proposed amendments and information
1606	submitted with proposed amendments to be reviewed by commission
1607	staff prior to consideration by any technical advisory
1608	committee. These reviews shall be for sufficiency only and are
1609	not intended to be qualitative in nature. Staff members shall
1610	reject any proposed amendment that fails to include a fiscal
1611	impact statement. Proposed amendments rejected by members of the
1612	staff may not be considered by the commission or any technical
1613	advisory committee.
1614	(d)  Provisions of the Florida Building Code, including
1615	those contained in referenced standards and criteria, relating
1616	to wind resistance or the prevention of water intrusion may not
1617	be amended pursuant to this subsection to diminish those
1618	construction requirements; however, the commission may, subject
1619	to conditions in this subsection, amend the provisions to
1620	enhance those construction requirements.
1621	(10)  The following buildings, structures, and facilities
1622	are exempt from the Florida Building Code as provided by law,
1623	and any further exemptions shall be as determined by the
1624	Legislature and provided by law:
1625	(h)  Storage sheds that are not designed for human
1626	habitation and that have a floor area of 720 square feet or less
1627	are not required to comply with the mandatory wind-borne-debris-
1628	impact standards of the Florida Building Code. In addition, such
1629	buildings that are 400 square feet or less are not subject to
1630	the door height and width requirements of the Florida Building
1631	Code.
1632
1633	With the exception of paragraphs (a), (b), (c), and (f), in
1634	order to preserve the health, safety, and welfare of the public,
1635	the Florida Building Commission may, by rule adopted pursuant to
1636	chapter 120, provide for exceptions to the broad categories of
1637	buildings exempted in this section, including exceptions for
1638	application of specific sections of the code or standards
1639	adopted therein. The Department of Agriculture and Consumer
1640	Services shall have exclusive authority to adopt by rule,
1641	pursuant to chapter 120, exceptions to nonresidential farm
1642	buildings exempted in paragraph (c) when reasonably necessary to
1643	preserve public health, safety, and welfare. The exceptions must
1644	be based upon specific criteria, such as under-roof floor area,
1645	aggregate electrical service capacity, HVAC system capacity, or
1646	other building requirements. Further, the commission may
1647	recommend to the Legislature additional categories of buildings,
1648	structures, or facilities which should be exempted from the
1649	Florida Building Code, to be provided by law. The Florida
1650	Building Code does not apply to temporary housing provided by
1651	the Department of Corrections to any prisoner in the state
1652	correctional system.
1653	Section 31.  Paragraph (v) of subsection (1) of section
1654	553.74, Florida Statutes, is amended to read:
1655	553.74  Florida Building Commission.-
1656	(1)  The Florida Building Commission is created and shall
1657	be located within the Department of Community Affairs for
1658	administrative purposes. Members shall be appointed by the
1659	Governor subject to confirmation by the Senate. The commission
1660	shall be composed of 25 members, consisting of the following:
1661	(v)  One member who is a representative of the green
1662	building industry and who is a third-party commission agent, a
1663	Florida board member of the United States Green Building Council
1664	or Green Building Initiative, a professional who is accredited
1665	under the International Green Construction Code (IGCC), or a
1666	professional who is accredited under Leadership in Energy and
1667	Environmental Design (LEED) LEED-accredited professional.
1668
1669	Any person serving on the commission under paragraph (c) or
1670	paragraph (h) on October 1, 2003, and who has served less than
1671	two full terms is eligible for reappointment to the commission
1672	regardless of whether he or she meets the new qualification.
1673	Section 32.  Subsection (5) of section 553.842, Florida
1674	Statutes, is amended to read:
1675	553.842  Product evaluation and approval.-
1676	(5)  Statewide approval of products, methods, or systems of
1677	construction may be achieved by one of the following methods.
1678	One of these methods must be used by the commission to approve
1679	the following categories of products: panel walls, exterior
1680	doors, roofing, skylights, windows, shutters, and structural
1681	components as established by the commission by rule. A product
1682	may not be advertised, sold, offered, provided, distributed, or
1683	marketed as hurricane, wind storm, or impact protection from
1684	wind-borne debris during a hurricane or windstorm unless it is
1685	approved pursuant to s. 553.842 or s. 553.8425. Any person who
1686	advertises, sells, offers, provides, distributes, or markets a
1687	product as hurricane, windstorm, or impact protection from wind-
1688	borne debris without such approval is subject to the Florida
1689	Deceptive and Unfair Trade Practices Act under part II of
1690	chapter 501 brought by the enforcing authority as defined in s.
1691	501.203.
1692	(a)  Products for which the code establishes standardized
1693	testing or comparative or rational analysis methods shall be
1694	approved by submittal and validation of one of the following
1695	reports or listings indicating that the product or method or
1696	system of construction was evaluated to be in compliance with
1697	the Florida Building Code and that the product or method or
1698	system of construction is, for the purpose intended, at least
1699	equivalent to that required by the Florida Building Code:
1700	1.  A certification mark or listing of an approved
1701	certification agency, which may be used only for products for
1702	which the code designates standardized testing;
1703	2.  A test report from an approved testing laboratory;
1704	3.  A product evaluation report based upon testing or
1705	comparative or rational analysis, or a combination thereof, from
1706	an approved product evaluation entity; or
1707	4.  A product evaluation report based upon testing or
1708	comparative or rational analysis, or a combination thereof,
1709	developed and signed and sealed by a professional engineer or
1710	architect, licensed in this state.
1711
1712	A product evaluation report or a certification mark or listing
1713	of an approved certification agency which demonstrates that the
1714	product or method or system of construction complies with the
1715	Florida Building Code for the purpose intended is shall be
1716	equivalent to a test report and test procedure as referenced in
1717	the Florida Building Code. An application for state approval of
1718	a product under subparagraph 1. must be approved by the
1719	department after the commission staff or a designee verifies
1720	that the application and related documentation are complete.
1721	This verification must be completed within 10 business days
1722	after receipt of the application. Upon approval by the
1723	department, the product shall be immediately added to the list
1724	of state-approved products maintained under subsection (13).
1725	Approvals by the department shall be reviewed and ratified by
1726	the commission's program oversight committee except for a
1727	showing of good cause that a review by the full commission is
1728	necessary. The commission shall adopt rules providing means to
1729	cure deficiencies identified within submittals for products
1730	approved under this paragraph.
1731	(b)  Products, methods, or systems of construction for
1732	which there are no specific standardized testing or comparative
1733	or rational analysis methods established in the code may be
1734	approved by submittal and validation of one of the following:
1735	1.  A product evaluation report based upon testing or
1736	comparative or rational analysis, or a combination thereof, from
1737	an approved product evaluation entity indicating that the
1738	product or method or system of construction was evaluated to be
1739	in compliance with the intent of the Florida Building Code and
1740	that the product or method or system of construction is, for the
1741	purpose intended, at least equivalent to that required by the
1742	Florida Building Code; or
1743	2.  A product evaluation report based upon testing or
1744	comparative or rational analysis, or a combination thereof,
1745	developed and signed and sealed by a professional engineer or
1746	architect, licensed in this state, who certifies that the
1747	product or method or system of construction is, for the purpose
1748	intended, at least equivalent to that required by the Florida
1749	Building Code.
1750	Section 33.  Section 553.9061, Florida Statutes, is amended
1751	to read:
1752	(Substantial rewording of section. See
1753	s. 553.9061, F.S., for present text.)
1754	553.9061  Scheduled increases in thermal efficiency
1755	standards.-The energy efficiency standards for the Florida
1756	Building Code as created in this chapter shall be based on the
1757	national consensus standards of the International Energy
1758	Conservation Code as referenced by the United States Department
1759	of Energy.
1760	Section 34.  Subsections (3), (4), and (5) of section
1761	553.909, Florida Statutes, are amended to read:
1762	553.909  Setting requirements for appliances; exceptions.-
1763	(3)  Commercial or residential swimming pool pumps or water
1764	heaters manufactured and sold on or after December 31, 2011, for
1765	installation in this state must July 1, 2011, shall comply with
1766	the requirements of the Florida Energy Efficiency Code for
1767	Building Construction this subsection.
1768	(a)  Natural gas pool heaters shall not be equipped with
1769	constantly burning pilots.
1770	(b)  Heat pump pool heaters shall have a coefficient of
1771	performance at low temperature of not less than 4.0.
1772	(c)  The thermal efficiency of gas-fired pool heaters and
1773	oil-fired pool heaters shall not be less than 78 percent.
1774	(d)  All pool heaters shall have a readily accessible on-
1775	off switch that is mounted outside the heater and that allows
1776	shutting off the heater without adjusting the thermostat
1777	setting.
1778	(4)(a)  Residential swimming pool filtration pumps and pump
1779	motors manufactured and sold on or after December 31, 2011, for
1780	installation in this state July 1, 2011, must comply with the
1781	requirements of the Florida Energy Efficiency Code for Building
1782	Construction in this subsection.
1783	(b)  Residential filtration pool pump motors shall not be
1784	split-phase, shaded-pole, or capacitor start-induction run
1785	types.
1786	(c)  Residential filtration pool pumps and pool pump motors
1787	with a total horsepower of 1 HP or more shall have the
1788	capability of operating at two or more speeds with a low speed
1789	having a rotation rate that is no more than one-half of the
1790	motor's maximum rotation rate.
1791	(d)  Residential filtration pool pump motor controls shall
1792	have the capability of operating the pool pump at a minimum of
1793	two speeds. The default circulation speed shall be the
1794	residential filtration speed, with a higher speed override
1795	capability being for a temporary period not to exceed one normal
1796	cycle or 24 hours, whichever is less; except that circulation
1797	speed for solar pool heating systems shall be permitted to run
1798	at higher speeds during periods of usable solar heat gain.
1799	(5)  Portable electric spas manufactured and sold on or
1800	after December 31, 2011, for installation in this state must
1801	comply with the requirements of the Florida Energy Efficiency
1802	Code for Building Construction spa standby power shall not be
1803	greater than 5(V2/3) watts where V = the total volume, in
1804	gallons, when spas are measured in accordance with the spa
1805	industry test protocol.
1806	Section 35.  Paragraph (a) of subsection (2) of section
1807	627.711, Florida Statutes, is amended to read:
1808	627.711  Notice of premium discounts for hurricane loss
1809	mitigation; uniform mitigation verification inspection form.-
1810	(2)(a)  The Financial Services Commission shall develop by
1811	rule a uniform mitigation verification inspection form that
1812	shall be used by all insurers when submitted by policyholders
1813	for the purpose of factoring discounts for wind insurance. In
1814	developing the form, the commission shall seek input from
1815	insurance, construction, and building code representatives.
1816	Further, the commission shall provide guidance as to the length
1817	of time the inspection results are valid. An insurer shall
1818	accept as valid a uniform mitigation verification form signed by
1819	the following authorized mitigation inspectors:
1820	1.  A home inspector licensed under s. 468.8314 who has
1821	completed at least 3 hours of hurricane mitigation training
1822	approved by the Construction Industry Licensing Board which
1823	includes hurricane mitigation techniques and compliance with the
1824	uniform mitigation verification form and completion of a
1825	proficiency exam. Thereafter, home inspectors licensed under s.
1826	468.8314 must complete at least 2 hours of continuing education,
1827	as part of the existing licensure renewal requirements each
1828	year, related to mitigation inspection and the uniform
1829	mitigation form;
1830	2.  A building code inspector certified under s. 468.607;
1831	3.  A general, building, or residential contractor licensed
1832	under s. 489.111;
1833	4.  A professional engineer licensed under s. 471.015;
1834	5.  A professional architect licensed under s. 481.213; or
1835	6.  Any other individual or entity recognized by the
1836	insurer as possessing the necessary qualifications to properly
1837	complete a uniform mitigation verification form.
1838	Section 36.  This act shall take effect July 1, 2011.

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