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	255.252, F.S.; conforming provisions to changes made by
19	the act; amending s. 255.253, F.S.; redefining the term
20	"sustainable building rating" to include a national model
21	green building code; amending ss. 255.257 and 255.2575,
22	F.S.; requiring that state agencies, local governments,
23	and the court system adopt a sustainable building rating
24	system or use a national model green building code for new
25	and renovated buildings; amending s. 468.8316, F.S.;
26	revising the continuing education requirements for
27	licensed home inspectors; amending s. 468.8319, F.S.;
28	deleting an exemption for certain contractors from the
29	prohibition against performing repairs on a home that has
30	a home inspection report; deleting an obsolete provision;
31	amending s. 468.8323, F.S.; clarifying a provision
32	relating to the contents of a home inspection report;
33	amending s. 468.8324, F.S.; providing alternative criteria
34	for obtaining a home inspector's license; removing certain
35	application requirements for a person who performs home
36	inspection services and who qualifies for licensure on or
37	before a specified date; amending s. 468.841, F.S.; adding
38	licensed home inspectors to those who are exempt from
39	complying with provisions related to mold assessment;
40	amending s. 481.329, F.S.; providing that part II of ch.
41	481, F.S., does not preclude any person who engages in the
42	business of landscape design from submitting such plans to
43	governmental agencies for approval; amending s. 489.103,
44	F.S.; clarifying an exemption from construction
45	contracting regulation relating to Habitat for Humanity;
46	amending s. 489.105, F.S.; adding the term "glass and
47	glazing contractors" to the definition of the term
48	"contractor"; amending ss. 489.107 and 489.141, F.S.;
49	conforming cross-references; amending s. 514.028, F.S.;
50	revising the composition of the advisory review board
51	relating to public swimming pools and bathing facilities;
52	creating s. 514.0315, F.S.; requiring certain public
53	swimming pools and spas to be equipped with certain safety
54	features; amending s. 527.06, F.S.; prohibiting the
55	Department of Agriculture and Consumer Services and other
56	state agencies from requiring compliance with certain
57	national standards for liquefied petroleum gas tanks
58	unless the department or agencies require compliance with
59	a specified edition of the national standards; providing
60	for repeal under certain circumstances; amending s.
61	527.21, F.S.; revising the term "propane" for purposes of
62	the Florida Propane Gas Education, Safety, and Research
63	Act, to incorporate changes to certain national standards
64	in a reference thereto; amending s. 553.502, F.S.;
65	revising intent with respect to the Florida Americans with
66	Disabilities Act; amending s. 553.503, F.S.; incorporating
67	the Americans with Disabilities Act Standards for
68	Accessible Design into state law by reference and
69	directing that they be adopted by rule into the Florida
70	Accessibility Code for Building Construction; amending s.
71	553.504, F.S.; revising exceptions to incorporate the
72	standards; amending s. 553.5041, F.S.; revising provisions
73	relating to parking spaces for persons who have
74	disabilities to incorporate the standards; amending ss.
75	553.505 and 553.506, F.S.; conforming provisions to
76	changes made by the act; amending s. 553.507, F.S.;
77	providing for the applicability of the act; amending s.
78	553.509, F.S.; revising provisions relating to vertical
79	accessibility to incorporate the standards; providing that
80	buildings and facilities in this state do not have to
81	comply with the changes provided by this act until the
82	Florida Accessibility Code for Building Construction is
83	updated; amending s. 553.73, F.S.; revising requirements
84	relating to the Florida Building Code; specifying national
85	codes to form the foundation for state building standards
86	and codes; revising provisions for the amendment or
87	modification of the foundation code; revising the criteria
88	for approval by the Florida Building Commission of
89	technical amendments to the code; exempting certain
90	storage sheds from door height and width requirements;
91	amending s. 553.74, F.S.; revising requirements for
92	selecting a member of the Florida Building Commission;
93	amending s. 553.842, F.S.; providing for the approval of
94	certain windstorm products; providing a cause of action
95	against any person who advertises, sells, offers,
96	provides, distributes, or markets certain products without
97	approval; repealing s. 553.9061, F.S., relating to
98	requirements for scheduled increases in the energy
99	performance of buildings subject to the Florida Energy
100	Efficiency Code for Building Construction; amending s.
101	553.909, F.S.; revising the requirements and effective
102	dates for certain pool-related equipment; amending s.
103	627.711, F.S.; revising requirements relating to home
104	inspectors conducting hurricane mitigation inspections;
105	providing effective dates.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  Subsection (4) of section 120.541, Florida
110	Statutes, as amended by chapter 2010-279, Laws of Florida, is
111	amended to read:
112	120.541  Statement of estimated regulatory costs.-
113	(3)  If the adverse impact or regulatory costs of the rule
114	exceed any of the criteria established in paragraph (2)(a), the
115	rule shall be submitted to the President of the Senate and
116	Speaker of the House of Representatives no later than 30 days
117	prior to the next regular legislative session, and the rule may
118	not take effect until it is ratified by the Legislature.
119	(4)  Subsection (3) Paragraph (2)(a) does not apply to the
120	adoption of:
121	(a)  emergency rules pursuant to s. 120.54(4) or the
122	adoption of Federal standards pursuant to s. 120.54(6).
123	(b)  Triennial updates of and amendments to the Florida
124	Building Code which are expressly authorized by s. 553.73.
125	(c)  Triennial updates of and amendments to the Florida
126	Fire Prevention Code which are expressly authorized by s.
127	633.0215.
128	Section 2.  Paragraph (a) of subsection (11) of section
129	161.053, Florida Statutes, is amended to read:
130	161.053  Coastal construction and excavation; regulation on
131	county basis.-
132	(11)(a)  The coastal construction control requirements
133	defined in subsection (1) and the requirements of the erosion
134	projections in subsection (5) do not apply to any modification,
135	maintenance, or repair of any existing structure within the
136	limits of the existing foundation which does not require,
137	involve, or include any additions to, or repair or modification
138	of, the existing foundation of that structure. Specifically
139	excluded from this exemption are seawalls or other rigid coastal
140	or shore protection structures and any additions or enclosures
141	added, constructed, or installed below the first dwelling floor
142	or lowest deck of the existing structure. The Florida Building
143	Commission may not adopt any rule having the effect of limiting
144	any exceptions or exemptions contained within this paragraph.
145	Section 3.  Subsections (3) and (4) of section 255.252,
146	Florida Statutes, are amended to read:
147	255.252  Findings and intent.-
148	(3)  In order for that such energy-efficiency and
149	sustainable materials considerations to become a function of
150	building design and a model for future application in the
151	private sector, it is shall be the policy of the state that
152	buildings constructed and financed by the state be designed and
153	constructed to comply with a sustainable building rating or a
154	national model green building code the United States Green
155	Building Council (USGBC) Leadership in Energy and Environmental
156	Design (LEED) rating system, the Green Building Initiative's
157	Green Globes rating system, the Florida Green Building Coalition
158	standards, or a nationally recognized, high-performance green
159	building rating system as approved by the department. It is
160	further the policy of the state, if when economically feasible,
161	to retrofit existing state-owned buildings in a manner that
162	minimizes which will minimize the consumption of energy used in
163	the operation and maintenance of such buildings.
164	(4)  In addition to designing and constructing new
165	buildings to be energy-efficient, it is shall be the policy of
166	the state to operate and maintain state facilities in a manner
167	that minimizes which will minimize energy consumption and
168	maximizes maximize building sustainability, and to operate as
169	well as ensure that facilities leased by the state are operated
170	so as to minimize energy use. It is further the policy of the
171	state that the renovation of existing state facilities be in
172	accordance with a sustainable building rating or a national
173	model green building code the United States Green Building
174	Council (USGBC) Leadership in Energy and Environmental Design
175	(LEED) rating system, the Green Building Initiative's Green
176	Globes rating system, the Florida Green Building Coalition
177	standards, or a nationally recognized, high-performance green
178	building rating system as approved by the department. State
179	agencies are encouraged to consider shared savings financing of
180	such energy-efficiency and conservation projects, using
181	contracts that which split the resulting savings for a specified
182	period of time between the state agency and the private firm or
183	cogeneration contracts and that which otherwise permit the state
184	to lower its net energy costs. Such energy contracts may be
185	funded from the operating budget.
186	Section 4.  Subsection (7) of section 255.253, Florida
187	Statutes, is amended to read:
188	255.253  Definitions; ss. 255.251-255.258.-
189	(7)  "Sustainable building rating or national model green
190	building code" rating" means a rating system established by the
191	United States Green Building Council (USGBC) Leadership in
192	Energy and Environmental Design (LEED) rating system, the
193	International Green Construction Code (IGCC), the Green Building
194	Initiative's Green Globes rating system, the Florida Green
195	Building Coalition standards, or a nationally recognized, high-
196	performance green building rating system as approved by the
197	department.
198	Section 5.  Subsection (4) of section 255.257, Florida
199	Statutes, is amended to read:
200	255.257  Energy management; buildings occupied by state
201	agencies.-
202	(4)  ADOPTION OF STANDARDS.-
203	(a)  All state agencies shall adopt a sustainable building
204	rating system or use a national model green building code the
205	United States Green Building Council (USGBC) Leadership in
206	Energy and Environmental Design (LEED) rating system, the Green
207	Building Initiative's Green Globes rating system, the Florida
208	Green Building Coalition standards, or a nationally recognized,
209	high-performance green building rating system as approved by the
210	department for all new buildings and renovations to existing
211	buildings.
212	(b)  No state agency shall enter into new leasing
213	agreements for office space that does not meet Energy Star
214	building standards, except when determined by the appropriate
215	state agency head determines that no other viable or cost-
216	effective alternative exists.
217	(c)  All state agencies shall develop energy conservation
218	measures and guidelines for new and existing office space where
219	state agencies occupy more than 5,000 square feet. These
220	conservation measures shall focus on programs that may reduce
221	energy consumption and, when established, provide a net
222	reduction in occupancy costs.
223	Section 6.  Subsection (2) of section 255.2575, Florida
224	Statutes, is amended to read:
225	255.2575  Energy-efficient and sustainable buildings.-
226	(2)  All county, municipal, school district, water
227	management district, state university, community college, and
228	Florida state court buildings shall be constructed to comply
229	with a sustainable building rating system or a national model
230	green building code meet the United States Green Building
231	Council (USGBC) Leadership in Energy and Environmental Design
232	(LEED) rating system, the Green Building Initiative's Green
233	Globes rating system, the Florida Green Building Coalition
234	standards, or a nationally recognized, high-performance green
235	building rating system as approved by the Department of
236	Management Services. This section applies shall apply to all
237	county, municipal, school district, water management district,
238	state university, community college, and Florida state court
239	buildings the architectural plans of which are commenced after
240	July 1, 2008.
241	Section 7.  Subsection (1) of section 468.8316, Florida
242	Statutes, is amended to read:
243	468.8316  Continuing education.-
244	(1)  The department may not renew a license until the
245	licensee submits proof satisfactory to the department that
246	during the 2 years before prior to his or her application for
247	renewal the licensee has completed at least 14 hours of
248	continuing education. Of the 14 hours, at least 2 hours must be
249	in hurricane mitigation training that includes hurricane
250	mitigation techniques and compliance with the uniform mitigation
251	verification inspection form developed under s. 627.711(2). The
252	department shall adopt rules establishing criteria for approving
253	continuing education providers and courses course content shall
254	be approved by the department by rule.
255	Section 8.  Paragraph (f) of subsection (1) and subsection
256	(3) of section 468.8319, Florida Statutes, are amended to read:
257	468.8319  Prohibitions; penalties.-
258	(1)  A person may not:
259	(f)  Perform or offer to perform any repairs to a home on
260	which the inspector or the inspector's company has prepared a
261	home inspection report. This paragraph does not apply to:
262	1.  a home warranty company that is affiliated with or
263	retains a home inspector to perform repairs pursuant to a claim
264	made under a home warranty contract.
265	2.  A certified contractor who is classified in s.
266	489.105(3) as a Division I contractor. However, the department
267	may adopt rules requiring that, if such contractor performs the
268	home inspection and offers to perform the repairs, the contract
269	for repairs provided to the homeowner discloses that he or she
270	has the right to request competitive bids.
271	(3)  This section does not apply to unlicensed activity as
272	described in paragraph (1)(a), paragraph(1)(b), or s. 455.228
273	that occurs before July 1, 2011.
274	Section 9.  Paragraph (b) of subsection (1) of section
275	468.8323, Florida Statutes, is amended to read:
276	468.8323  Home inspection report.-Upon completion of each
277	home inspection for compensation, the home inspector shall
278	provide a written report prepared for the client.
279	(1)  The home inspector shall report:
280	(b)  If not self-evident, a reason why the system or
281	component reported under paragraph (a) is significantly
282	deficient or near the end of its service life.
283	Section 10.  Subsections (3) and (4) of section 468.8324,
284	Florida Statutes, are renumbered as subsections (2) and (3),
285	respectively, and present subsections (1) and (2) of that
286	section are amended to read:
287	468.8324  Grandfather clause.-
288	(1)  A person who performs home inspection services may
289	qualify for licensure as a home inspector under this part if the
290	person submits an application to the department postmarked on or
291	before July 1, 2012, which shows that the applicant:
292	(a)  Possesses certification as a one and two family
293	dwelling inspector issued by the International Code Council or
294	the Southern Building Code Congress International;
295	(b)  Has been certified as a one and two family dwelling
296	inspector by the Florida Building Code Administrators and
297	Inspectors Board under part XII of this chapter; or
298	(c)  Possesses a Division I contractor license under part I
299	of chapter 489.
300	(1)  A person who performs home inspection services as
301	defined in this part may qualify for licensure by the department
302	as a home inspector if the person submits an application to the
303	department postmarked on or before March 1, 2011, which shows
304	that the applicant:
305	(a)  Is certified as a home inspector by a state or
306	national association that requires, for such certification,
307	successful completion of a proctored examination on home
308	inspection services and completes at least 14 hours of
309	verifiable education on such services; or
310	(b)  Has at least 3 years of experience as a home inspector
311	at the time of application and has completed 14 hours of
312	verifiable education on home inspection services. To establish
313	the 3 years of experience, an applicant must submit at least 120
314	home inspection reports prepared by the applicant.
315	(2)  The department may investigate the validity of a home
316	inspection report submitted under paragraph (1)(b) and, if the
317	applicant submits a false report, may take disciplinary action
318	against the applicant under s. 468.832(1)(e) or (g).
319	Section 11.  Paragraph (d) of subsection (1) of section
320	468.841, Florida Statutes, is amended to read:
321	468.841  Exemptions.-
322	(1)  The following persons are not required to comply with
323	any provisions of this part relating to mold assessment:
324	(d)  Persons or business organizations acting within the
325	scope of the respective licenses required under part XV of
326	chapter 468, chapter 471, part I of chapter 481, chapter 482,
327	chapter 489, or part XV of this chapter, are acting on behalf of
328	an insurer under part VI of chapter 626, or are persons in the
329	manufactured housing industry who are licensed under chapter
330	320, except when any such persons or business organizations hold
331	themselves out for hire to the public as a "certified mold
332	assessor," "registered mold assessor," "licensed mold assessor,"
333	"mold assessor," "professional mold assessor," or any
334	combination thereof stating or implying licensure under this
335	part.
336	Section 12.  Subsection (5) of section 481.329, Florida
337	Statutes, is amended to read:
338	481.329  Exceptions; exemptions from licensure.-
339	(5)  Nothing in this part prohibits any person from
340	engaging in the practice of landscape design, as defined in s.
341	481.303(7), nor submitting such plans to governmental agencies
342	for approval. Persons providing landscape design services shall
343	not use the title, term, or designation "landscape architect,"
344	"landscape architectural," "landscape architecture," "L.A.,"
345	"landscape engineering," or any description tending to convey
346	the impression that she or he is a landscape architect unless
347	she or he is registered as provided in this part.
348	Section 13.  Subsection (18) of section 489.103, Florida
349	Statutes, is amended to read:
350	489.103  Exemptions.-This part does not apply to:
351	(18)  Any one-family, two-family, or three-family residence
352	constructed or rehabilitated by Habitat for Humanity
353	International, Inc., or its local affiliates. Habitat for
354	Humanity International, Inc., or its local affiliates, must:
355	(a)  Obtain all necessary building permits.
356	(b)  Obtain all required building code inspections.
357	(c)  Provide for supervision of all work by an individual
358	with construction experience.
359	Section 14.  Subsection (3) of section 489.105, Florida
360	Statutes, is amended to read
361	489.105  Definitions.-As used in this part:
362	(3)  "Contractor" means the person who is qualified for,
363	and is shall only be responsible for, the project contracted for
364	and means, except as exempted in this part, the person who, for
365	compensation, undertakes to, submits a bid to, or does himself
366	or herself or by others construct, repair, alter, remodel, add
367	to, demolish, subtract from, or improve any building or
368	structure, including related improvements to real estate, for
369	others or for resale to others; and whose job scope is
370	substantially similar to the job scope described in one of the
371	subsequent paragraphs of this subsection. For the purposes of
372	regulation under this part, "demolish" applies only to
373	demolition of steel tanks over 50 feet in height; towers over 50
374	feet in height; other structures over 50 feet in height, other
375	than buildings or residences over three stories tall; and
376	buildings or residences over three stories tall. Contractors are
377	subdivided into two divisions, Division I, consisting of those
378	contractors defined in paragraphs (a)-(c), and Division II,
379	consisting of those contractors defined in paragraphs (d)-(r)
380	(d)-(q):
381	(a)  "General contractor" means a contractor whose services
382	are unlimited as to the type of work which he or she may do, who
383	may contract for any activity requiring licensure under this
384	part, and who may perform any work requiring licensure under
385	this part, except as otherwise expressly provided in s. 489.113.
386	(b)  "Building contractor" means a contractor whose
387	services are limited to construction of commercial buildings and
388	single-dwelling or multiple-dwelling residential buildings,
389	which commercial or residential buildings do not exceed three
390	stories in height, and accessory use structures in connection
391	therewith or a contractor whose services are limited to
392	remodeling, repair, or improvement of any size building if the
393	services do not affect the structural members of the building.
394	(c)  "Residential contractor" means a contractor whose
395	services are limited to construction, remodeling, repair, or
396	improvement of one-family, two-family, or three-family
397	residences not exceeding two habitable stories above no more
398	than one uninhabitable story and accessory use structures in
399	connection therewith.
400	(d)  "Sheet metal contractor" means a contractor whose
401	services are unlimited in the sheet metal trade and who has the
402	experience, knowledge, and skill necessary for the manufacture,
403	fabrication, assembling, handling, erection, installation,
404	dismantling, conditioning, adjustment, insulation, alteration,
405	repair, servicing, or design, if when not prohibited by law, of
406	ferrous or nonferrous metal work of U.S. No. 10 gauge or its
407	equivalent or lighter gauge and of other materials, including,
408	but not limited to, fiberglass, used in lieu thereof and of air-
409	handling systems, including the setting of air-handling
410	equipment and reinforcement of same, the balancing of air-
411	handling systems, and any duct cleaning and equipment sanitizing
412	that which requires at least a partial disassembling of the
413	system.
414	(e)  "Roofing contractor" means a contractor whose services
415	are unlimited in the roofing trade and who has the experience,
416	knowledge, and skill to install, maintain, repair, alter,
417	extend, or design, if when not prohibited by law, and use
418	materials and items used in the installation, maintenance,
419	extension, and alteration of all kinds of roofing,
420	waterproofing, and coating, except when coating is not
421	represented to protect, repair, waterproof, stop leaks, or
422	extend the life of the roof. The scope of work of a roofing
423	contractor also includes required roof-deck attachments and any
424	repair or replacement of wood roof sheathing or fascia as needed
425	during roof repair or replacement.
426	(f)  "Class A air-conditioning contractor" means a
427	contractor whose services are unlimited in the execution of
428	contracts requiring the experience, knowledge, and skill to
429	install, maintain, repair, fabricate, alter, extend, or design,
430	if when not prohibited by law, central air-conditioning,
431	refrigeration, heating, and ventilating systems, including duct
432	work in connection with a complete system if only to the extent
433	such duct work is performed by the contractor as is necessary to
434	make complete an air-distribution system, boiler and unfired
435	pressure vessel systems, and all appurtenances, apparatus, or
436	equipment used in connection therewith, and any duct cleaning
437	and equipment sanitizing that which requires at least a partial
438	disassembling of the system; to install, maintain, repair,
439	fabricate, alter, extend, or design, if when not prohibited by
440	law, piping, insulation of pipes, vessels and ducts, pressure
441	and process piping, and pneumatic control piping; to replace,
442	disconnect, or reconnect power wiring on the load side of the
443	dedicated existing electrical disconnect switch; to install,
444	disconnect, and reconnect low voltage heating, ventilating, and
445	air-conditioning control wiring; and to install a condensate
446	drain from an air-conditioning unit to an existing safe waste or
447	other approved disposal other than a direct connection to a
448	sanitary system. The scope of work for such contractor shall
449	also includes include any excavation work incidental thereto,
450	but does shall not include any work such as liquefied petroleum
451	or natural gas fuel lines within buildings, except for
452	disconnecting or reconnecting changeouts of liquefied petroleum
453	or natural gas appliances within buildings; potable water lines
454	or connections thereto; sanitary sewer lines; swimming pool
455	piping and filters; or electrical power wiring.
456	(g)  "Class B air-conditioning contractor" means a
457	contractor whose services are limited to 25 tons of cooling and
458	500,000 Btu of heating in any one system in the execution of
459	contracts requiring the experience, knowledge, and skill to
460	install, maintain, repair, fabricate, alter, extend, or design,
461	if when not prohibited by law, central air-conditioning,
462	refrigeration, heating, and ventilating systems, including duct
463	work in connection with a complete system only to the extent
464	such duct work is performed by the contractor as is necessary to
465	make complete an air-distribution system being installed under
466	this classification, and any duct cleaning and equipment
467	sanitizing that which requires at least a partial disassembling
468	of the system; to install, maintain, repair, fabricate, alter,
469	extend, or design, if when not prohibited by law, piping and
470	insulation of pipes, vessels, and ducts; to replace, disconnect,
471	or reconnect power wiring on the load side of the dedicated
472	existing electrical disconnect switch; to install, disconnect,
473	and reconnect low voltage heating, ventilating, and air-
474	conditioning control wiring; and to install a condensate drain
475	from an air-conditioning unit to an existing safe waste or other
476	approved disposal other than a direct connection to a sanitary
477	system. The scope of work for such contractor shall also
478	includes include any excavation work incidental thereto, but
479	does shall not include any work such as liquefied petroleum or
480	natural gas fuel lines within buildings, except for
481	disconnecting or reconnecting changeouts of liquefied petroleum
482	or natural gas appliances within buildings; potable water lines
483	or connections thereto; sanitary sewer lines; swimming pool
484	piping and filters; or electrical power wiring.
485	(h)  "Class C air-conditioning contractor" means a
486	contractor whose business is limited to the servicing of air-
487	conditioning, heating, or refrigeration systems, including any
488	duct cleaning and equipment sanitizing that which requires at
489	least a partial disassembling of the system, and whose
490	certification or registration, issued pursuant to this part, was
491	valid on October 1, 1988. Only a No person who was not
492	previously registered or certified as a Class C air-conditioning
493	contractor as of October 1, 1988, shall be so registered or
494	certified after October 1, 1988. However, the board shall
495	continue to license and regulate those Class C air-conditioning
496	contractors who held Class C licenses before prior to October 1,
497	1988.
498	(i)  "Mechanical contractor" means a contractor whose
499	services are unlimited in the execution of contracts requiring
500	the experience, knowledge, and skill to install, maintain,
501	repair, fabricate, alter, extend, or design, if when not
502	prohibited by law, central air-conditioning, refrigeration,
503	heating, and ventilating systems, including duct work in
504	connection with a complete system if only to the extent such
505	duct work is performed by the contractor as is necessary to make
506	complete an air-distribution system, boiler and unfired pressure
507	vessel systems, lift station equipment and piping, and all
508	appurtenances, apparatus, or equipment used in connection
509	therewith, and any duct cleaning and equipment sanitizing that
510	which requires at least a partial disassembling of the system;
511	to install, maintain, repair, fabricate, alter, extend, or
512	design, if when not prohibited by law, piping, insulation of
513	pipes, vessels and ducts, pressure and process piping, pneumatic
514	control piping, gasoline tanks and pump installations and piping
515	for same, standpipes, air piping, vacuum line piping, oxygen
516	lines, nitrous oxide piping, ink and chemical lines, fuel
517	transmission lines, liquefied petroleum gas lines within
518	buildings, and natural gas fuel lines within buildings; to
519	replace, disconnect, or reconnect power wiring on the load side
520	of the dedicated existing electrical disconnect switch; to
521	install, disconnect, and reconnect low voltage heating,
522	ventilating, and air-conditioning control wiring; and to install
523	a condensate drain from an air-conditioning unit to an existing
524	safe waste or other approved disposal other than a direct
525	connection to a sanitary system. The scope of work for such
526	contractor shall also includes include any excavation work
527	incidental thereto, but does shall not include any work such as
528	potable water lines or connections thereto, sanitary sewer
529	lines, swimming pool piping and filters, or electrical power
530	wiring.
531	(j)  "Commercial pool/spa contractor" means a contractor
532	whose scope of work involves, but is not limited to, the
533	construction, repair, and servicing of any swimming pool, or hot
534	tub or spa, whether public, private, or otherwise, regardless of
535	use. The scope of work includes the installation, repair, or
536	replacement of existing equipment, any cleaning or equipment
537	sanitizing that which requires at least a partial disassembling,
538	excluding filter changes, and the installation of new pool/spa
539	equipment, interior finishes, the installation of package pool
540	heaters, the installation of all perimeter piping and filter
541	piping, and the construction of equipment rooms or housing for
542	pool/spa equipment, and also includes the scope of work of a
543	swimming pool/spa servicing contractor. The scope of such work
544	does not include direct connections to a sanitary sewer system
545	or to potable water lines. The installation, construction,
546	modification, or replacement of equipment permanently attached
547	to and associated with the pool or spa for the purpose of water
548	treatment or cleaning of the pool or spa requires licensure;
549	however, the usage of such equipment for the purposes of water
550	treatment or cleaning does shall not require licensure unless
551	the usage involves construction, modification, or replacement of
552	such equipment. Water treatment that does not require such
553	equipment does not require a license. In addition, a license is
554	shall not be required for the cleaning of the pool or spa in a
555	any way that does not affect the structural integrity of the
556	pool or spa or its associated equipment.
557	(k)  "Residential pool/spa contractor" means a contractor
558	whose scope of work involves, but is not limited to, the
559	construction, repair, and servicing of a any residential
560	swimming pool, or hot tub or spa, regardless of use. The scope
561	of work includes the installation, repair, or replacement of
562	existing equipment, any cleaning or equipment sanitizing that
563	which requires at least a partial disassembling, excluding
564	filter changes, and the installation of new pool/spa equipment,
565	interior finishes, the installation of package pool heaters, the
566	installation of all perimeter piping and filter piping, and the
567	construction of equipment rooms or housing for pool/spa
568	equipment, and also includes the scope of work of a swimming
569	pool/spa servicing contractor. The scope of such work does not
570	include direct connections to a sanitary sewer system or to
571	potable water lines. The installation, construction,
572	modification, or replacement of equipment permanently attached
573	to and associated with the pool or spa for the purpose of water
574	treatment or cleaning of the pool or spa requires licensure;
575	however, the usage of such equipment for the purposes of water
576	treatment or cleaning does shall not require licensure unless
577	the usage involves construction, modification, or replacement of
578	such equipment. Water treatment that does not require such
579	equipment does not require a license. In addition, a license is
580	shall not be required for the cleaning of the pool or spa in a
581	any way that does not affect the structural integrity of the
582	pool or spa or its associated equipment.
583	(l)  "Swimming pool/spa servicing contractor" means a
584	contractor whose scope of work involves, but is not limited to,
585	the repair and servicing of a any swimming pool, or hot tub or
586	spa, whether public or private, or otherwise, regardless of use.
587	The scope of work includes the repair or replacement of existing
588	equipment, any cleaning or equipment sanitizing that which
589	requires at least a partial disassembling, excluding filter
590	changes, and the installation of new pool/spa equipment,
591	interior refinishing, the reinstallation or addition of pool
592	heaters, the repair or replacement of all perimeter piping and
593	filter piping, the repair of equipment rooms or housing for
594	pool/spa equipment, and the substantial or complete draining of
595	a swimming pool, or hot tub or spa, for the purpose of any
596	repair or renovation. The scope of such work does not include
597	direct connections to a sanitary sewer system or to potable
598	water lines. The installation, construction, modification,
599	substantial or complete disassembly, or replacement of equipment
600	permanently attached to and associated with the pool or spa for
601	the purpose of water treatment or cleaning of the pool or spa
602	requires licensure; however, the usage of such equipment for the
603	purposes of water treatment or cleaning does shall not require
604	licensure unless the usage involves construction, modification,
605	substantial or complete disassembly, or replacement of such
606	equipment. Water treatment that does not require such equipment
607	does not require a license. In addition, a license is shall not
608	be required for the cleaning of the pool or spa in a any way
609	that does not affect the structural integrity of the pool or spa
610	or its associated equipment.
611	(m)  "Plumbing contractor" means a contractor whose
612	contracting business consists of the execution of contracts
613	requiring the experience, financial means, knowledge, and skill
614	to install, maintain, repair, alter, extend, or, if when not
615	prohibited by law, design plumbing. A plumbing contractor may
616	install, maintain, repair, alter, extend, or, if when not
617	prohibited by law, design the following without obtaining an any
618	additional local regulatory license, certificate, or
619	registration: sanitary drainage or storm drainage facilities;
620	venting systems; public or private water supply systems; septic
621	tanks; drainage and supply wells; swimming pool piping;
622	irrigation systems; or solar heating water systems and all
623	appurtenances, apparatus, or equipment used in connection
624	therewith, including boilers and pressure process piping and
625	including the installation of water, natural gas, liquefied
626	petroleum gas and related venting, and storm and sanitary sewer
627	lines; and water and sewer plants and substations. The scope of
628	work of the plumbing contractor also includes the design, if
629	when not prohibited by law, and installation, maintenance,
630	repair, alteration, or extension of air-piping, vacuum line
631	piping, oxygen line piping, nitrous oxide piping, and all
632	related medical gas systems; fire line standpipes and fire
633	sprinklers if to the extent authorized by law; ink and chemical
634	lines; fuel oil and gasoline piping and tank and pump
635	installation, except bulk storage plants; and pneumatic control
636	piping systems, all in such a manner that complies as to comply
637	with all plans, specifications, codes, laws, and regulations
638	applicable. The scope of work of the plumbing contractor applies
639	shall apply to private property and public property, including
640	shall include any excavation work incidental thereto, and
641	includes shall include the work of the specialty plumbing
642	contractor. Such contractor shall subcontract, with a qualified
643	contractor in the field concerned, all other work incidental to
644	the work but which is specified herein as being the work of a
645	trade other than that of a plumbing contractor. Nothing in This
646	definition does not shall be construed to limit the scope of
647	work of any specialty contractor certified pursuant to s.
648	489.113(6), and does not. Nothing in this definition shall be
649	construed to require certification or registration under this
650	part of any authorized employee of a public natural gas utility
651	or of a private natural gas utility regulated by the Public
652	Service Commission when disconnecting and reconnecting water
653	lines in the servicing or replacement of an existing water
654	heater.
655	(n)  "Underground utility and excavation contractor" means
656	a contractor whose services are limited to the construction,
657	installation, and repair, on public or private property, whether
658	accomplished through open excavations or through other means,
659	including, but not limited to, directional drilling, auger
660	boring, jacking and boring, trenchless technologies, wet and dry
661	taps, grouting, and slip lining, of main sanitary sewer
662	collection systems, main water distribution systems, storm sewer
663	collection systems, and the continuation of utility lines from
664	the main systems to a point of termination up to and including
665	the meter location for the individual occupancy, sewer
666	collection systems at property line on residential or single-
667	occupancy commercial properties, or on multioccupancy properties
668	at manhole or wye lateral extended to an invert elevation as
669	engineered to accommodate future building sewers, water
670	distribution systems, or storm sewer collection systems at storm
671	sewer structures. However, an underground utility and excavation
672	contractor may install empty underground conduits in rights-of-
673	way, easements, platted rights-of-way in new site development,
674	and sleeves for parking lot crossings no smaller than 2 inches
675	in diameter if, provided that each conduit system installed is
676	designed by a licensed professional engineer or an authorized
677	employee of a municipality, county, or public utility and that
678	the installation of any such conduit does not include
679	installation of any conductor wiring or connection to an
680	energized electrical system. An underground utility and
681	excavation contractor may shall not install any piping that is
682	an integral part of a fire protection system as defined in s.
683	633.021 beginning at the point where the piping is used
684	exclusively for such system.
685	(o)  "Solar contractor" means a contractor whose services
686	consist of the installation, alteration, repair, maintenance,
687	relocation, or replacement of solar panels for potable solar
688	water heating systems, swimming pool solar heating systems, and
689	photovoltaic systems and any appurtenances, apparatus, or
690	equipment used in connection therewith, whether public, private,
691	or otherwise, regardless of use. A contractor, certified or
692	registered pursuant to the provisions of this chapter, is not
693	required to become a certified or registered solar contractor or
694	to contract with a solar contractor in order to provide any
695	services enumerated in this paragraph that are within the scope
696	of the services such contractors may render under this part.
697	(p)  "Pollutant storage systems contractor" means a
698	contractor whose services are limited to, and who has the
699	experience, knowledge, and skill to install, maintain, repair,
700	alter, extend, or design, if when not prohibited by law, and use
701	materials and items used in the installation, maintenance,
702	extension, and alteration of, pollutant storage tanks. Any
703	person installing a pollutant storage tank shall perform such
704	installation in accordance with the standards adopted pursuant
705	to s. 376.303.
706	(q)  "Glass and glazing contractor" means a contractor
707	whose services are unlimited in the execution of contracts
708	requiring the experience, knowledge, and skill to install,
709	attach, maintain, repair, fabricate, alter, extend, or design,
710	in residential and commercial applications without any height
711	restrictions, all types of windows, glass, and mirrors, whether
712	fixed or movable; swinging or sliding glass doors attached to
713	existing walls, floors, columns, or other structural members of
714	the building; glass holding or supporting mullions or horizontal
715	bars; structurally anchored impact-resistant opening protection
716	attached to existing building walls, floors, columns, or other
717	structural members of the building; prefabricated glass, metal,
718	or plastic curtain walls; storefront frames or panels; shower
719	and tub enclosures; metal fascias; and caulking incidental to
720	such work and assembly.
721	(r)(q)  "Specialty contractor" means a contractor whose
722	scope of work and responsibility is limited to a particular
723	phase of construction established in a category adopted by board
724	rule and whose scope is limited to a subset of the activities
725	described in one of the paragraphs of this subsection.
726	Section 15.  Paragraphs (b) and (c) of subsection (4) of
727	section 489.107, Florida Statutes, are amended to read:
728	489.107  Construction Industry Licensing Board.-
729	(4)  The board shall be divided into two divisions,
730	Division I and Division II.
731	(b)  Division II is comprised of the roofing contractor,
732	sheet metal contractor, air-conditioning contractor, mechanical
733	contractor, pool contractor, plumbing contractor, and
734	underground utility and excavation contractor members of the
735	board; one of the members appointed pursuant to paragraph
736	(2)(j); and one of the members appointed pursuant to paragraph
737	(2)(k). Division II has jurisdiction over the regulation of
738	contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
739	(c)  Jurisdiction for the regulation of specialty
740	contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
741	with the division having jurisdiction over the scope of work of
742	the specialty contractor as defined by board rule.
743	Section 16.  Paragraph (g) of subsection (2) of section
744	489.141, Florida Statutes, is amended to read:
745	489.141  Conditions for recovery; eligibility.-
746	(2)  A claimant is not qualified to make a claim for
747	recovery from the recovery fund, if:
748	(g)  The claimant has contracted with a licensee to perform
749	a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)-
750	(q).
751	Section 17.  Subsection (1) of section 514.028, Florida
752	Statutes, is amended to read:
753	514.028  Advisory review board.-
754	(1)  The Governor shall appoint an advisory review board
755	which shall meet as necessary or at least quarterly, to
756	recommend agency action on variance request, rule and policy
757	development, and other technical review problems. The board
758	shall be comprised of the following:
759	(a)  A representative from the office of licensure and
760	certification of the department.
761	(b)  A representative from the county health departments.
762	(c)  Three representatives from the swimming pool
763	construction industry.
764	(d)  A representative Two representatives from the public
765	lodging industry.
766	(e)  A representative from a county or local building
767	department.
768	Section 18.  Section 514.0315, Florida Statutes, is created
769	to read:
770	514.0315  Required safety features for public swimming
771	pools and spas.-
772	(1)  A public swimming pool or spa must be equipped with an
773	anti-entrapment system or device that complies with American
774	Society of Mechanical Engineers/American National Standards
775	Institute standard A112.19.8, or any successor standard.
776	(2)  A public swimming pool or spa built before January 1,
777	1993, with a single main drain other than an unblockable drain
778	must be equipped with at least one of the following features
779	that complies with any American Society of Mechanical Engineers,
780	American National Standards Institute, American Standard for
781	Testing and Materials, or other applicable consumer product
782	safety standard for such system or device and protects against
783	evisceration and body-and-limb suction entrapment:
784	(a)  A safety vacuum release system that ceases operation
785	of the pump, reverses the circulation flow, or otherwise
786	provides a vacuum release at a suction outlet when a blockage is
787	detected and that has been tested by an independent third party
788	and found to conform to American Society of Mechanical
789	Engineers/American National Standards Institute standard
790	A112.19.17, American Standard for Testing and Materials standard
791	26 F2387, or any successor standard.
792	(b)  A suction-limiting vent system with a tamper-resistant
793	atmospheric opening.
794	(c)  A gravity drainage system that uses a collector tank.
795	(d)  An automatic pump shut-off system.
796	(e)  A device or system that disables the drain.
797	(3)  The determination and selection of a feature under
798	subsection (2) for a public swimming pool or spa constructed
799	before January 1, 1993, is at the sole discretion of the owner
800	or operator of the public swimming pool or spa. A licensed
801	contractor described in s. 489.105(3)(j), (k), or (l) must
802	install the feature.
803	Section 19.  Subsection (3) of section 527.06, Florida
804	Statutes, is amended to read:
805	527.06  Rules.-
806	(3)(a)  Rules in substantial conformity with the published
807	standards of the National Fire Protection Association (NFPA) are
808	shall be deemed to be in substantial conformity with the
809	generally accepted standards of safety concerning the same
810	subject matter.
811	(b)  Notwithstanding any other law, the department or other
812	state agency may not require compliance with the minimum
813	separation distances of NFPA 58 for separation between a
814	liquefied petroleum gas tank and a building, adjoining property
815	line, other liquefied petroleum gas tank, or any source of
816	ignition, except in compliance with the minimum separation
817	distances of the 2011 edition of NFPA 58.
818	(c)  If the department, the Florida Building Commission as
819	part of the Florida Building Code, and the Office of the State
820	Fire Marshal as part of the Florida Fire Prevention Code each
821	adopt the minimum separation distances of the 2011 edition of
822	NFPA 58 as rules, whether adopted by setting out the minimum
823	separation distances in the text of the rules or through
824	incorporation by reference, this subsection is repealed upon the
825	last effective date of such rules.
826	Section 20.  Subsection (11) of section 527.21, Florida
827	Statutes, is amended to read:
828	527.21  Definitions relating to Florida Propane Gas
829	Education, Safety, and Research Act.-As used in ss. 527.20-
830	527.23, the term:
831	(11)  "Propane" includes propane, butane, mixtures, and
832	liquefied petroleum gas as defined by the National Fire
833	Protection Association (NFPA) Standard 58, For The Storage and
834	Handling of Liquefied Petroleum Gas Code Gases.
835	Section 21.  Section 553.502, Florida Statutes, is amended
836	to read:
837	553.502  Intent.-The purpose and intent of this part ss.
838	553.501-553.513 is to incorporate into the law of this state the
839	accessibility requirements of the Americans with Disabilities
840	Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101
841	et seq., and to obtain and maintain United States Department of
842	Justice certification of the Florida Accessibility Code for
843	Building Construction as equivalent to federal standards for
844	accessibility of buildings, structures, and facilities. All
845	state laws, rules, standards, and codes governing facilities
846	covered by the Americans with Disabilities Act Standards for
847	Accessible Design guidelines shall be maintained to assure
848	certification of the state's construction standards and codes.
849	This part Nothing in ss. 553.501-553.513 is not intended to
850	expand or diminish the defenses available to a place of public
851	accommodation or a commercial facility under the Americans with
852	Disabilities Act and the standards federal Americans with
853	Disabilities Act Accessibility Guidelines, including, but not
854	limited to, the readily achievable standard, and the standards
855	applicable to alterations to private buildings or facilities as
856	defined by the standards places of public accommodation.
857	Section 22.  Section 553.503, Florida Statutes, is amended
858	to read:
859	553.503  Adoption of federal standards guidelines.-Subject
860	to modifications under this part the exceptions in s. 553.504,
861	the federal Americans with Disabilities Act Standards for
862	Accessible Design Accessibility Guidelines, and related
863	regulations provided as adopted by reference in 28 C.F.R., parts
864	35 and part 36, and 49 C.F.R. part 37 subparts A and D, and
865	Title II of Pub. L. No. 101-336, are hereby adopted and
866	incorporated by reference as the law of this state and shall be
867	incorporated into. The guidelines shall establish the minimum
868	standards for the accessibility of buildings and facilities
869	built or altered within this state. the 1997 Florida
870	Accessibility Code for Building Construction and must be adopted
871	by the Florida Building Commission in accordance with chapter
872	120.
873	Section 23.  Section 553.504, Florida Statutes, is amended
874	to read:
875	553.504  Exceptions to applicability of the federal
876	standards guidelines.-Notwithstanding the adoption of the
877	Americans with Disabilities Act Standards for Accessible Design
878	pursuant to Accessibility Guidelines in s. 553.503, all
879	buildings, structures, and facilities in this state must shall
880	meet the following additional requirements if such requirements
881	when they provide increased accessibility:
882	(1)  All new or altered public buildings and facilities,
883	private buildings and facilities, places of public
884	accommodation, and commercial facilities, as those terms are
885	defined by the standards, subject to this part, ss. 553.501-
886	553.513 which may be frequented in, lived in, or worked in by
887	the public must shall comply with this part ss. 553.501-553.513.
888	(2)  All new single-family houses, duplexes, triplexes,
889	condominiums, and townhouses shall provide at least one
890	bathroom, located with maximum possible privacy, where bathrooms
891	are provided on habitable grade levels, with a door that has a
892	29-inch clear opening. However, if only a toilet room is
893	provided at grade level, such toilet room must shall have a
894	clear opening of at least not less than 29 inches.
895	(3)  All required doors and walk-through openings in
896	buildings excluding single-family homes, duplexes, and triplexes
897	not covered by the Americans with Disabilities Act of 1990 or
898	the Fair Housing Act shall have at least 29 inches of clear
899	width except under ss. 553.501-553.513.
900	(4)  In addition to the requirements in reference 4.8.4 of
901	the guidelines, all landings on ramps shall be not less than 60
902	inches clear, and the bottom of each ramp shall have not less
903	than 72 inches of straight and level clearance.
904	(5)  All curb ramps shall be designed and constructed in
905	accordance with the following requirements:
906	(a)  Notwithstanding the requirements of reference 4.8.5.2
907	of the guidelines, handrails on ramps which are not continuous
908	shall extend not less than 18 inches beyond the sloped segment
909	at both the top and bottom, and shall be parallel to the floor
910	or ground surface.
911	(b)  Notwithstanding the requirements of references 4.3.3
912	and 4.8.3 of the guidelines, curb ramps that are part of a
913	required means of egress shall be not less than 44 inches wide.
914	(c)  Notwithstanding the requirements of reference 4.7.5 of
915	the guidelines, curb ramps located where pedestrians must use
916	them and all curb ramps which are not protected by handrails or
917	guardrails shall have flared sides with a slope not exceeding a
918	ratio of 1 to 12.
919	(3)(6)  Notwithstanding the requirements in s. 404.2.9
920	reference 4.13.11 of the standards guidelines, exterior hinged
921	doors must shall be so designed so that such doors can be pushed
922	or pulled open with a force not exceeding 8.5 foot pounds.
923	(7)  Notwithstanding the requirements in reference 4.33.1
924	of the guidelines, all public food service establishments, all
925	establishments licensed under the Beverage Law for consumption
926	on the premises, and all facilities governed by reference 4.1 of
927	the guidelines shall provide seating or spaces for seating in
928	accordance with the following requirements:
929	(a)  For the first 100 fixed seats, accessible and usable
930	spaces must be provided consistent with the following table:
931
	Capacity of SeatingIn Assembly Areas Number of RequiredWheelchair Locations
932
	1 to 25     1
933
	26 to 50     2
934
	51 to 100     4
935
936	(b)  For all remaining fixed seats, there shall be not less
937	than one such accessible and usable space for each 100 fixed
938	seats or fraction thereof.
939	(8)  Notwithstanding the requirements in references 4.32.1-
940	4.32.4 of the guidelines, all fixed seating in public food
941	service establishments, in establishments licensed under the
942	Beverage Law for consumption on the premises, and in all other
943	facilities governed by reference 4.1 of the guidelines shall be
944	designed and constructed in accordance with the following
945	requirements:
946	(a)  All aisles adjacent to fixed seating shall provide
947	clear space for wheelchairs.
948	(b)  Where there are open positions along both sides of
949	such aisles, the aisles shall be not less than 52 inches wide.
950	(4)(9)  In motels and hotels a number of rooms equaling at
951	least 5 percent of the guest rooms minus the number of
952	accessible rooms required by the standards must guidelines shall
953	provide the following special accessibility features:
954	(a)  Grab rails in bathrooms and toilet rooms that comply
955	with s. 604.5 4.16.4 of the standards guidelines.
956	(b)  All beds in designed accessible guest rooms must shall
957	be an open-frame type that allows the to permit passage of lift
958	devices.
959	(c)  Water closets that comply with section 604.4 of the
960	standards. All standard water closet seats shall be at a height
961	of 15 inches, measured vertically from the finished floor to the
962	top of the seat, with a variation of plus or minus 1/2 inch. A
963	portable or attached raised toilet seat shall be provided in all
964	designated handicapped accessible rooms.
965
966	All buildings, structures, or facilities licensed as a hotel,
967	motel, or condominium pursuant to chapter 509 are shall be
968	subject to the provisions of this subsection. This subsection
969	does not relieve Nothing in this subsection shall be construed
970	as relieving the owner of the responsibility of providing
971	accessible rooms in conformance with ss. 224 and 806 of the
972	standards 9.1-9.5 of the guidelines.
973	(10)  Notwithstanding the requirements in reference 4.29.2
974	of the guidelines, all detectable warning surfaces required by
975	the guidelines shall be governed by the requirements of American
976	National Standards Institute A117.1-1986.
977	(11)  Notwithstanding the requirements in references 4.31.2
978	and 4.31.3 of the guidelines, the installation and placement of
979	all public telephones shall be governed by the rules of the
980	Florida Public Service Commission.
981	(5)(12)  Notwithstanding ss. 213 and 604 of the standards
982	the requirements in references 4.1.3(11) and 4.16-4.23 of the
983	guidelines, required bathing rooms restrooms and toilet rooms in
984	new construction shall be designed and constructed in accordance
985	with the following requirements:
986	(a)  The wheelchair standard accessible toilet compartment
987	must restroom stall shall contain an accessible lavatory within
988	it, which must be at least the size of such lavatory to be not
989	less than 19 inches wide by 17 inches deep, nominal size, and
990	wall-mounted. The lavatory shall be mounted so as not to overlap
991	the clear floor space areas required by s. 604 of the standards
992	4.17 figure 30(a) of the guidelines for the wheelchair standard
993	accessible toilet compartment stall and to comply with s. 606 of
994	the standards 4.19 of the guidelines. Such lavatories shall be
995	counted as part of the required fixture count for the building.
996	(b)  The accessible water closet within the wheelchair
997	accessible toilet compartment must shall be located in the
998	corner, diagonal to the door.
999	(c)  The accessible stall door shall be self-closing.
1000	(13)  All customer checkout aisles not required by the
1001	guidelines to be handicapped accessible shall have at least 32
1002	inches of clear passage.
1003	(14)  Turnstiles shall not be used in occupancies which
1004	serve fewer than 100 persons, but turnstiles may be used in
1005	occupancies which serve at least 100 persons if there is an
1006	unlocked alternate passageway on an accessible route affording
1007	not less than 32 inches of clearance, equipped with latching
1008	devices in accordance with the guidelines.
1009	(6)(15)  Barriers at common or emergency entrances and
1010	exits of business establishments conducting business with the
1011	general public that are existing, under construction, or under
1012	contract for construction which would prevent a person from
1013	using such entrances or exits must shall be removed.
1014	Section 24.  Section 553.5041, Florida Statutes, is amended
1015	to read:
1016	553.5041  Parking spaces for persons who have
1017	disabilities.-
1018	(1)  This section is not intended to expand or diminish the
1019	defenses available to a place of public accommodation under the
1020	Americans with Disabilities Act and the federal Americans with
1021	Disabilities Act Standards for Accessible Design Accessibility
1022	Guidelines, including, but not limited to, the readily
1023	achievable standard, and the standards applicable to alterations
1024	to places of public accommodation and commercial facilities.
1025	Subject to the exceptions described in subsections (2), (4),
1026	(5), and (6), if when the parking and loading zone requirements
1027	of the federal standards and related regulations Americans with
1028	Disabilities Act Accessibility Guidelines (ADAAG), as adopted by
1029	reference in 28 C.F.R. part 36, subparts A and D, and Title II
1030	of Pub. L. No. 101-336, provide increased accessibility, those
1031	requirements are adopted and incorporated by reference as the
1032	law of this state.
1033	(2)  State agencies and political subdivisions having
1034	jurisdiction over street parking or publicly owned or operated
1035	parking facilities are not required to provide a greater right-
1036	of-way width than would otherwise be planned under regulations,
1037	guidelines, or practices normally applied to new development.
1038	(3)  Designated accessible If parking spaces are provided
1039	for self-parking by employees or visitors, or both, accessible
1040	spaces shall be provided in each such parking area. Such spaces
1041	shall be designed and marked for the exclusive use of those
1042	individuals who have a severe physical disability and have
1043	permanent or temporary mobility problems that substantially
1044	impair their ability to ambulate and who have been issued either
1045	a disabled parking permit under s. 316.1958 or s. 320.0848 or a
1046	license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.
1047	320.0845.
1048	(4)  The number of accessible parking spaces must comply
1049	with the parking requirements in ADAAG s. 208 of the standards
1050	4.1 and the following:
1051	(a)  There must be one accessible parking space in the
1052	immediate vicinity of a publicly owned or leased building that
1053	houses a governmental entity or a political subdivision,
1054	including, but not limited to, state office buildings and
1055	courthouses, if no parking for the public is not provided on the
1056	premises of the building.
1057	(b)  There must be one accessible parking space for each
1058	150 metered on-street parking spaces provided by state agencies
1059	and political subdivisions.
1060	(c)  The number of parking spaces for persons who have
1061	disabilities must be increased on the basis of demonstrated and
1062	documented need.
1063	(5)  Accessible perpendicular and diagonal accessible
1064	parking spaces and loading zones must be designed and located to
1065	conform to in conformance with the guidelines set forth in ADAAG
1066	ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.
1067	A4.6.3 "Universal Parking Design."
1068	(a)  All spaces must be located on an accessible route that
1069	is at least no less than 44 inches wide so that users are will
1070	not be compelled to walk or wheel behind parked vehicles except
1071	behind his or her own vehicle.
1072	(b)  Each space must be located on the shortest safely
1073	accessible route from the parking space to an accessible
1074	entrance. If there are multiple entrances or multiple retail
1075	stores, the parking spaces must be dispersed to provide parking
1076	at the nearest accessible entrance. If a theme park or an
1077	entertainment complex as defined in s. 509.013(9) provides
1078	parking in several lots or areas from which access to the theme
1079	park or entertainment complex is provided, a single lot or area
1080	may be designated for parking by persons who have disabilities,
1081	if the lot or area is located on the shortest safely accessible
1082	route to an accessible entrance to the theme park or
1083	entertainment complex or to transportation to such an accessible
1084	entrance.
1085	(c)1.  Each parking space must be at least no less than 12
1086	feet wide. Parking access aisles must be at least no less than 5
1087	feet wide and must be part of an accessible route to the
1088	building or facility entrance. In accordance with ADAAG s.
1089	4.6.3, access aisles must be placed adjacent to accessible
1090	parking spaces; however, two accessible parking spaces may share
1091	a common access aisle. The access aisle must be striped
1092	diagonally to designate it as a no-parking zone.
1093	2.  The parking access aisles are reserved for the
1094	temporary exclusive use of persons who have disabled parking
1095	permits and who require extra space to deploy a mobility device,
1096	lift, or ramp in order to exit from or enter a vehicle. Parking
1097	is not allowed in an access aisle. Violators are subject to the
1098	same penalties that are imposed for illegally parking in parking
1099	spaces that are designated for persons who have disabilities. A
1100	vehicle may not be parked in an access aisle, even if the
1101	vehicle owner or passenger is disabled or owns a disabled
1102	parking permit.
1103	3.  Notwithstanding any other provision of this subsection
1104	to the contrary notwithstanding, a theme park or an
1105	entertainment complex as defined in s. 509.013(9) in which are
1106	provided continuous attendant services are provided for
1107	directing individuals to marked accessible parking spaces or
1108	designated lots for parking by persons who have disabilities,
1109	may, in lieu of the required parking space design, provide
1110	parking spaces that comply with ADAAG ss. 208 and 502 of the
1111	standards 4.1 and 4.6.
1112	(d)  On-street parallel parking spaces must be located
1113	either at the beginning or end of a block or adjacent to alley
1114	entrances. Such spaces must be designed to conform to in
1115	conformance with the guidelines set forth in ADAAG ss. 208 and
1116	502 of the standards, except that 4.6.2 through 4.6.5,
1117	exception: access aisles are not required. Curbs adjacent to
1118	such spaces must be of a height that does will not interfere
1119	with the opening and closing of motor vehicle doors. This
1120	subsection does not relieve the owner of the responsibility to
1121	comply with the parking requirements of ADAAG ss. 208 and 502 of
1122	the standards 4.1 and 4.6.
1123	(e)  Parallel parking spaces must be even with surface
1124	slopes, may match the grade of the adjacent travel lane, and
1125	must not exceed a cross slope of 1 to 50, where feasible.
1126	(f)  Curb ramps must be located outside of the disabled
1127	parking spaces and access aisles.
1128	(e)(g)1.  The removal of architectural barriers from a
1129	parking facility in accordance with 28 C.F.R. s. 36.304 or with
1130	s. 553.508 must comply with this section unless compliance would
1131	cause the barrier removal not to be readily achievable. If
1132	compliance would cause the barrier removal not to be readily
1133	achievable, a facility may provide parking spaces at alternative
1134	locations for persons who have disabilities and provide
1135	appropriate signage directing such persons who have disabilities
1136	to the alternative parking if readily achievable. The facility
1137	may not reduce the required number or dimensions of those spaces
1138	or, nor may it unreasonably increase the length of the
1139	accessible route from a parking space to the facility. The
1140	removal of an architectural barrier must not create a
1141	significant risk to the health or safety of a person who has a
1142	disability or to that of others.
1143	2.  A facility that is making alterations under s.
1144	553.507(2)(b) must comply with this section to the maximum
1145	extent feasible. If compliance with parking location
1146	requirements is not feasible, the facility may provide parking
1147	spaces at alternative locations for persons who have
1148	disabilities and provide appropriate signage directing such
1149	persons who have a disability to alternative parking. The
1150	facility may not reduce the required number or dimensions of
1151	those spaces, or nor may it unnecessarily increase the length of
1152	the accessible route from a parking space to the facility. The
1153	alteration must not create a significant risk to the health or
1154	safety of a person who has a disability or to that of others.
1155	(6)  Each such parking space must be striped in a manner
1156	that is consistent with the standards of the controlling
1157	jurisdiction for other spaces and prominently outlined with blue
1158	paint, and must be repainted when necessary, to be clearly
1159	distinguishable as a parking space designated for persons who
1160	have disabilities. The space and must be posted with a permanent
1161	above-grade sign of a color and design approved by the
1162	Department of Transportation, which is placed on or at least 60
1163	inches above the finished floor or ground surface measured to
1164	the bottom of the sign a distance of 84 inches above the ground
1165	to the bottom of the sign and which bears the international
1166	symbol of accessibility meeting the requirements of ADAAG s.
1167	703.7.2.1 of the standards 4.30.7 and the caption "PARKING BY
1168	DISABLED PERMIT ONLY." Such a sign erected after October 1,
1169	1996, must indicate the penalty for illegal use of the space.
1170	Notwithstanding any other provision of this section to the
1171	contrary notwithstanding, in a theme park or an entertainment
1172	complex as defined in s. 509.013(9) in which accessible parking
1173	is located in designated lots or areas, the signage indicating
1174	the lot as reserved for accessible parking may be located at the
1175	entrances to the lot in lieu of a sign at each parking place.
1176	This subsection does not relieve the owner of the responsibility
1177	of complying with the signage requirements of ADAAG s. 502.6 of
1178	the standards 4.30.
1179	Section 25.  Section 553.505, Florida Statutes, is amended
1180	to read:
1181	553.505  Exceptions to applicability of the Americans with
1182	Disabilities Act.-Notwithstanding the Americans with
1183	Disabilities Act of 1990, private clubs are governed by this
1184	part ss. 553.501-553.513. Parking spaces, parking lots, and
1185	other parking facilities are governed by s. 553.5041 when that
1186	section provides increased accessibility.
1187	Section 26.  Section 553.506, Florida Statutes, is amended
1188	to read:
1189	553.506  Powers of the commission.-In addition to any other
1190	authority vested in the Florida Building Commission by law, the
1191	commission, in implementing this part ss. 553.501-553.513, may,
1192	by rule, adopt revised and updated versions of the Americans
1193	with Disabilities Act Standards for Accessible Design
1194	Accessibility Guidelines in accordance with chapter 120.
1195	Section 27.  Section 553.507, Florida Statutes, is amended
1196	to read:
1197	553.507  Applicability Exemptions.-This part applies to
1198	Sections 553.501-553.513 do not apply to any of the following:
1199	(1)  All areas of newly designed and newly constructed
1200	buildings and facilities as determined by the federal standards
1201	established and adopted pursuant to s. 553.503. Buildings,
1202	structures, or facilities that were either under construction or
1203	under contract for construction on October 1, 1997.
1204	(2)  Portions of altered buildings and facilities as
1205	determined by the federal standards established and adopted
1206	pursuant to s. 553.503. Buildings, structures, or facilities
1207	that were in existence on October 1, 1997, unless:
1208	(a)  The building, structure, or facility is being
1209	converted from residential to nonresidential or mixed use, as
1210	defined by local law;
1211	(b)  The proposed alteration or renovation of the building,
1212	structure, or facility will affect usability or accessibility to
1213	a degree that invokes the requirements of s. 303(a) of the
1214	Americans with Disabilities Act of 1990; or
1215	(c)  The original construction or any former alteration or
1216	renovation of the building, structure, or facility was carried
1217	out in violation of applicable permitting law.
1218	(3)  A building or facility that is being converted from
1219	residential to nonresidential or mixed use as defined by the
1220	Florida Building Code. Such building or facility must, at a
1221	minimum, comply with s. 553.508 and the requirements for
1222	alterations as determined by the federal standards established
1223	and adopted pursuant to s. 553.503.
1224	(4)  Buildings and facilities where the original
1225	construction or any former alteration or renovation was carried
1226	out in violation of applicable permitting law.
1227	Section 28.  Section 553.509, Florida Statutes, is amended
1228	to read:
1229	553.509  Vertical accessibility.-
1230	(1)  This part and the Americans with Disabilities Act
1231	Standards for Accessible Design do not Nothing in ss. 553.501-
1232	553.513 or the guidelines shall be construed to relieve the
1233	owner of any building, structure, or facility governed by this
1234	part those sections from the duty to provide vertical
1235	accessibility to all levels above and below the occupiable grade
1236	level, regardless of whether the standards guidelines require an
1237	elevator to be installed in such building, structure, or
1238	facility, except for:
1239	(a)  Elevator pits, elevator penthouses, mechanical rooms,
1240	piping or equipment catwalks, and automobile lubrication and
1241	maintenance pits and platforms.;
1242	(b)  Unoccupiable spaces, such as rooms, enclosed spaces,
1243	and storage spaces that are not designed for human occupancy,
1244	for public accommodations, or for work areas.; and
1245	(c)  Occupiable spaces and rooms that are not open to the
1246	public and that house no more than five persons, including, but
1247	not limited to, equipment control rooms and projection booths.
1248	(d)  Theaters, concert halls, and stadiums, or other large
1249	assembly areas that have stadium-style seating or tiered seating
1250	if ss. 221 and 802 of the standards are met.
1251	(e)  All play and recreation areas if the requirements of
1252	chapter 10 of the standards are met.
1253	(f)  All employee areas as exempted in s. 203.9 of the
1254	standards.
1255	(g)  Facilities, sites, and spaces exempted by s. 203 of
1256	the standards.
1257	(2)(a)  Any person, firm, or corporation that owns,
1258	manages, or operates a residential multifamily dwelling,
1259	including a condominium, that is at least 75 feet high and
1260	contains a public elevator, as described in s. 399.035(2) and
1261	(3) and rules adopted by the Florida Building Commission, shall
1262	have at least one public elevator that is capable of operating
1263	on an alternate power source for emergency purposes. Alternate
1264	power shall be available for the purpose of allowing all
1265	residents access for a specified number of hours each day over a
1266	5-day period following a natural disaster, manmade disaster,
1267	emergency, or other civil disturbance that disrupts the normal
1268	supply of electricity. The alternate power source that controls
1269	elevator operations must also be capable of powering any
1270	connected fire alarm system in the building.
1271	(b)  At a minimum, the elevator must be appropriately
1272	prewired and prepared to accept an alternate power source and
1273	must have a connection on the line side of the main disconnect,
1274	pursuant to National Electric Code Handbook, Article 700. In
1275	addition to the required power source for the elevator and
1276	connected fire alarm system in the building, the alternate power
1277	supply must be sufficient to provide emergency lighting to the
1278	interior lobbies, hallways, and other portions of the building
1279	used by the public. Residential multifamily dwellings must have
1280	an available generator and fuel source on the property or have
1281	proof of a current contract posted in the elevator machine room
1282	or other place conspicuous to the elevator inspector affirming a
1283	current guaranteed service contract for such equipment and fuel
1284	source to operate the elevator on an on-call basis within 24
1285	hours after a request. By December 31, 2006, any person, firm or
1286	corporation that owns, manages, or operates a residential
1287	multifamily dwelling as defined in paragraph (a) must provide to
1288	the local building inspection agency verification of engineering
1289	plans for residential multifamily dwellings that provide for the
1290	capability to generate power by alternate means. Compliance with
1291	installation requirements and operational capability
1292	requirements must be verified by local building inspectors and
1293	reported to the county emergency management agency by December
1294	31, 2007.
1295	(c)  Each newly constructed residential multifamily
1296	dwelling, including a condominium, that is at least 75 feet high
1297	and contains a public elevator, as described in s. 399.035(2)
1298	and (3) and rules adopted by the Florida Building Commission,
1299	must have at least one public elevator that is capable of
1300	operating on an alternate power source for the purpose of
1301	allowing all residents access for a specified number of hours
1302	each day over a 5-day period following a natural disaster,
1303	manmade disaster, emergency, or other civil disturbance that
1304	disrupts the normal supply of electricity. The alternate power
1305	source that controls elevator operations must be capable of
1306	powering any connected fire alarm system in the building. In
1307	addition to the required power source for the elevator and
1308	connected fire alarm system, the alternate power supply must be
1309	sufficient to provide emergency lighting to the interior
1310	lobbies, hallways, and other portions of the building used by
1311	the public. Engineering plans and verification of operational
1312	capability must be provided by the local building inspector to
1313	the county emergency management agency before occupancy of the
1314	newly constructed building.
1315	(d)  Each person, firm, or corporation that is required to
1316	maintain an alternate power source under this subsection shall
1317	maintain a written emergency operations plan that details the
1318	sequence of operations before, during, and after a natural or
1319	manmade disaster or other emergency situation. The plan must
1320	include, at a minimum, a lifesafety plan for evacuation,
1321	maintenance of the electrical and lighting supply, and
1322	provisions for the health, safety, and welfare of the residents.
1323	In addition, the owner, manager, or operator of the residential
1324	multifamily dwelling must keep written records of any contracts
1325	for alternative power generation equipment. Also, quarterly
1326	inspection records of lifesafety equipment and alternate power
1327	generation equipment must be posted in the elevator machine room
1328	or other place conspicuous to the elevator inspector, which
1329	confirm that such equipment is properly maintained and in good
1330	working condition, and copies of contracts for alternate power
1331	generation equipment shall be maintained on site for
1332	verification. The written emergency operations plan and
1333	inspection records shall also be open for periodic inspection by
1334	local and state government agencies as deemed necessary. The
1335	owner or operator must keep a generator key in a lockbox posted
1336	at or near any installed generator unit.
1337	(e)  Multistory affordable residential dwellings for
1338	persons age 62 and older that are financed or insured by the
1339	United States Department of Housing and Urban Development must
1340	make every effort to obtain grant funding from the Federal
1341	Government or the Florida Housing Finance Corporation to comply
1342	with this subsection. If an owner of such a residential dwelling
1343	cannot comply with the requirements of this subsection, the
1344	owner must develop a plan with the local emergency management
1345	agency to ensure that residents are evacuated to a place of
1346	safety in the event of a power outage resulting from a natural
1347	or manmade disaster or other emergency situation that disrupts
1348	the normal supply of electricity for an extended period of time.
1349	A place of safety may include, but is not limited to, relocation
1350	to an alternative site within the building or evacuation to a
1351	local shelter.
1352	(f)  As a part of the annual elevator inspection required
1353	under s. 399.061, certified elevator inspectors shall confirm
1354	that all installed generators required by this chapter are in
1355	working order, have current inspection records posted in the
1356	elevator machine room or other place conspicuous to the elevator
1357	inspector, and that the required generator key is present in the
1358	lockbox posted at or near the installed generator. If a building
1359	does not have an installed generator, the inspector shall
1360	confirm that the appropriate prewiring and switching
1361	capabilities are present and that a statement is posted in the
1362	elevator machine room or other place conspicuous to the elevator
1363	inspector affirming a current guaranteed contract exists for
1364	contingent services for alternate power is current for the
1365	operating period.
1366	(2)  However, buildings, structures, and facilities must,
1367	as a minimum, comply with the requirements in the Americans with
1368	Disabilities Act Standards for Accessible Design Accessibility
1369	Guidelines.
1370	Section 29.  Consistent with the federal implementation of
1371	the 2010 Americans with Disabilities Act Standards for
1372	Accessible Design, buildings and facilities in this state may be
1373	designed in conformity with the 2010 standards if the design
1374	also complies with Florida-specific requirements provided in
1375	part II of chapter 553, Florida Statutes, until the Florida
1376	Accessibility Code for Building Construction is updated to
1377	implement the changes to part II of chapter 553, Florida
1378	Statutes, as provided by this Act.
1379	Section 30.  Effective January 1, 2012, subsections (3),
1380	(7), (8), and (9) and paragraph (h) of subsection (10) of
1381	section 553.73, Florida Statutes, are amended to read:
1382	553.73  Florida Building Code.-
1383	(3)  The commission shall use the International Codes
1384	published by the International Code Council, the National
1385	Electric Code (NFPA 70), or other nationally adopted model codes
1386	and standards needed to develop the base code in Florida select
1387	from available national or international model building codes,
1388	or other available building codes and standards currently
1389	recognized by the laws of this state, to form the foundation for
1390	the Florida Building Code. The commission may modify the
1391	selected model codes and standards as needed to accommodate the
1392	specific needs of this state. Standards or criteria referenced
1393	by the selected model codes shall be similarly incorporated by
1394	reference. If a referenced standard or criterion requires
1395	amplification or modification to be appropriate for use in this
1396	state, only the amplification or modification shall be
1397	specifically set forth in the Florida Building Code. The Florida
1398	Building Commission may approve technical amendments to the
1399	code, subject to the requirements of subsections (8) and (9),
1400	after the amendments have been subject to the following
1401	conditions:
1402	(a)  The proposed amendment has been published on the
1403	commission's website for a minimum of 45 days and all the
1404	associated documentation has been made available to any
1405	interested party before any consideration by a any Technical
1406	Advisory Committee;
1407	(b)  In order for a Technical Advisory Committee to make a
1408	favorable recommendation to the commission, the proposal must
1409	receive a three-fourths vote of the members present at the
1410	Technical Advisory Committee meeting and at least half of the
1411	regular members must be present in order to conduct a meeting;
1412	(c)  After Technical Advisory Committee consideration and a
1413	recommendation for approval of any proposed amendment, the
1414	proposal must be published on the commission's website for at
1415	least not less than 45 days before any consideration by the
1416	commission; and
1417	(d)  A Any proposal may be modified by the commission based
1418	on public testimony and evidence from a public hearing held in
1419	accordance with chapter 120.
1420
1421	The commission shall incorporate within sections of the Florida
1422	Building Code provisions which address regional and local
1423	concerns and variations. The commission shall make every effort
1424	to minimize conflicts between the Florida Building Code, the
1425	Florida Fire Prevention Code, and the Life Safety Code.
1426	(7)(a)  The commission, by rule adopted pursuant to ss.
1427	120.536(1) and 120.54, shall update the Florida Building Code
1428	every 3 years. When updating the Florida Building Code, the
1429	commission shall select the most current version of the
1430	International Building Code, the International Fuel Gas Code,
1431	the International Mechanical Code, the International Plumbing
1432	Code, and the International Residential Code, all of which are
1433	adopted by the International Code Council, and the National
1434	Electrical Code, which is adopted by the National Fire
1435	Protection Association, to form the foundation codes of the
1436	updated Florida Building Code, if the version has been adopted
1437	by the applicable model code entity. The commission shall select
1438	the most current version of the International Energy
1439	Conservation Code (IECC) as a foundation code; however, the IECC
1440	shall be modified by the commission to maintain the efficiencies
1441	of the Florida Energy Efficiency Code for Building Construction
1442	adopted and amended pursuant to s. 553.901.
1443	(b)  Codes regarding noise contour lines shall be reviewed
1444	annually, and the most current federal guidelines shall be
1445	adopted.
1446	(c)  The commission may modify any portion of the
1447	foundation codes only as needed to accommodate the specific
1448	needs of this state, maintaining Florida-specific amendments
1449	previously adopted by the commission and not addressed by the
1450	updated foundation code. Standards or criteria referenced by the
1451	codes shall be incorporated by reference. If a referenced
1452	standard or criterion requires amplification or modification to
1453	be appropriate for use in this state, only the amplification or
1454	modification shall be set forth in the Florida Building Code.
1455	The commission may approve technical amendments to the updated
1456	Florida Building Code after the amendments have been subject to
1457	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
1458	the foundation codes which are adopted in accordance with this
1459	subsection shall be clearly marked in printed versions of the
1460	Florida Building Code so that the fact that the provisions are
1461	Florida-specific amendments to the foundation codes is readily
1462	apparent.
1463	(d)  The commission shall further consider the commission's
1464	own interpretations, declaratory statements, appellate
1465	decisions, and approved statewide and local technical amendments
1466	and shall incorporate such interpretations, statements,
1467	decisions, and amendments into the updated Florida Building Code
1468	only to the extent that they are needed to modify the foundation
1469	codes to accommodate the specific needs of the state. A change
1470	made by an institute or standards organization to any standard
1471	or criterion that is adopted by reference in the Florida
1472	Building Code does not become effective statewide until it has
1473	been adopted by the commission. Furthermore, the edition of the
1474	Florida Building Code which is in effect on the date of
1475	application for any permit authorized by the code governs the
1476	permitted work for the life of the permit and any extension
1477	granted to the permit.
1478	(e)  A rule updating the Florida Building Code in
1479	accordance with this subsection shall take effect no sooner than
1480	6 months after publication of the updated code. Any amendment to
1481	the Florida Building Code which is adopted upon a finding by the
1482	commission that the amendment is necessary to protect the public
1483	from immediate threat of harm takes effect immediately.
1484	(f)  Provisions of the foundation codes, including those
1485	contained in referenced standards and criteria, relating to wind
1486	resistance or the prevention of water intrusion may not be
1487	modified to diminish those construction requirements; however,
1488	the commission may, subject to conditions in this subsection,
1489	modify the provisions to enhance those construction
1490	requirements.
1491	(g)  Amendments or modifications to the foundation code
1492	pursuant to this subsection shall remain effective only until
1493	the effective date of a new edition of the Florida Building Code
1494	every third year. Amendments or modifications related to state
1495	agency regulations which are adopted and integrated into an
1496	edition of the Florida Building Code shall be carried forward
1497	into the next edition of the code, subject to modification as
1498	provided in this part. Amendments or modifications related to
1499	the wind-resistance design of buildings and structures within
1500	the high-velocity hurricane zone of Miami-Dade and Broward
1501	Counties which are adopted to an edition of the Florida Building
1502	Code do not expire and shall be carried forward into the next
1503	edition of the code, subject to review or modification as
1504	provided in this part. If amendments that expire pursuant to
1505	this paragraph are resubmitted through the Florida Building
1506	Commission code adoption process, the amendments must
1507	specifically address whether:
1508	1.  The provisions contained in the proposed amendment are
1509	addressed in the applicable international code.
1510	2.  The amendment demonstrates by evidence or data that the
1511	geographical jurisdiction of Florida exhibits a need to
1512	strengthen the foundation code beyond the needs or regional
1513	variations addressed by the foundation code, and why the
1514	proposed amendment applies to this state.
1515	3.  The proposed amendment was submitted or attempted to be
1516	included in the foundation codes to avoid resubmission to the
1517	Florida Building Code amendment process.
1518
1519	If the proposed amendment has been addressed in the
1520	international code in a substantially equivalent manner, the
1521	Florida Building Commission may not include the proposed
1522	amendment in the foundation code.
1523	(8)  Notwithstanding the provisions of subsection (3) or
1524	subsection (7), the commission may address issues identified in
1525	this subsection by amending the code pursuant only to the rule
1526	adoption procedures contained in chapter 120. Provisions of the
1527	Florida Building Code, including those contained in referenced
1528	standards and criteria, relating to wind resistance or the
1529	prevention of water intrusion may not be amended pursuant to
1530	this subsection to diminish those construction requirements;
1531	however, the commission may, subject to conditions in this
1532	subsection, amend the provisions to enhance those construction
1533	requirements. Following the approval of any amendments to the
1534	Florida Building Code by the commission and publication of the
1535	amendments on the commission's website, authorities having
1536	jurisdiction to enforce the Florida Building Code may enforce
1537	the amendments. The commission may approve amendments that are
1538	needed to address:
1539	(a)  Conflicts within the updated code;
1540	(b)  Conflicts between the updated code and the Florida
1541	Fire Prevention Code adopted pursuant to chapter 633;
1542	(c)  The omission of previously adopted Florida-specific
1543	amendments to the updated code if such omission is not supported
1544	by a specific recommendation of a technical advisory committee
1545	or particular action by the commission;
1546	(c)(d)  Unintended results from the integration of
1547	previously adopted Florida-specific amendments with the model
1548	code;
1549	(d)(e) Equivalency of standards;
1550	(e)(f)  Changes to or inconsistencies with federal or state
1551	law; or
1552	(f)(g)  Adoption of an updated edition of the National
1553	Electrical Code if the commission finds that delay of
1554	implementing the updated edition causes undue hardship to
1555	stakeholders or otherwise threatens the public health, safety,
1556	and welfare.
1557	(9)(a)  The commission may approve technical amendments to
1558	the Florida Building Code once each year for statewide or
1559	regional application upon a finding that the amendment:
1560	1.  Is needed in order to accommodate the specific needs of
1561	this state.
1562	2.  Has a reasonable and substantial connection with the
1563	health, safety, and welfare of the general public.
1564	3.  Strengthens or improves the Florida Building Code, or
1565	in the case of innovation or new technology, will provide
1566	equivalent or better products or methods or systems of
1567	construction.
1568	4.  Does not discriminate against materials, products,
1569	methods, or systems of construction of demonstrated
1570	capabilities.
1571	5.  Does not degrade the effectiveness of the Florida
1572	Building Code.
1573
1574	Furthermore, The Florida Building Commission may approve
1575	technical amendments to the code once each year to incorporate
1576	into the Florida Building Code its own interpretations of the
1577	code which are embodied in its opinions, final orders,
1578	declaratory statements, and interpretations of hearing officer
1579	panels under s. 553.775(3)(c), but shall do so only to the
1580	extent that the incorporation of interpretations is needed to
1581	modify the foundation codes to accommodate the specific needs of
1582	this state. Amendments approved under this paragraph shall be
1583	adopted by rule pursuant to ss. 120.536(1) and 120.54, after the
1584	amendments have been subjected to the provisions of subsection
1585	(3).
1586	(b)  A proposed amendment must shall include a fiscal
1587	impact statement that which documents the costs and benefits of
1588	the proposed amendment. Criteria for the fiscal impact statement
1589	shall be established by rule by the commission and shall include
1590	the impact to local government relative to enforcement, the
1591	impact to property and building owners, and the impact as well
1592	as to industry, relative to the cost of compliance. The
1593	amendment must demonstrate by evidence or data that the state's
1594	geographical jurisdiction exhibits a need to strengthen the
1595	foundation code beyond the needs or regional variations
1596	addressed by the foundation code and why the proposed amendment
1597	applies to this state.
1598	(c)  The commission may not approve any proposed amendment
1599	that does not accurately and completely address all requirements
1600	for amendment which are set forth in this section. The
1601	commission shall require all proposed amendments and information
1602	submitted with proposed amendments to be reviewed by commission
1603	staff prior to consideration by any technical advisory
1604	committee. These reviews shall be for sufficiency only and are
1605	not intended to be qualitative in nature. Staff members shall
1606	reject any proposed amendment that fails to include a fiscal
1607	impact statement. Proposed amendments rejected by members of the
1608	staff may not be considered by the commission or any technical
1609	advisory committee.
1610	(d)  Provisions of the Florida Building Code, including
1611	those contained in referenced standards and criteria, relating
1612	to wind resistance or the prevention of water intrusion may not
1613	be amended pursuant to this subsection to diminish those
1614	construction requirements; however, the commission may, subject
1615	to conditions in this subsection, amend the provisions to
1616	enhance those construction requirements.
1617	(10)  The following buildings, structures, and facilities
1618	are exempt from the Florida Building Code as provided by law,
1619	and any further exemptions shall be as determined by the
1620	Legislature and provided by law:
1621	(h)  Storage sheds that are not designed for human
1622	habitation and that have a floor area of 720 square feet or less
1623	are not required to comply with the mandatory wind-borne-debris-
1624	impact standards of the Florida Building Code. In addition, such
1625	buildings that are 400 square feet or less and that are intended
1626	for use in conjunction with one- and two-family residences are
1627	not subject to the door height and width requirements of the
1628	Florida Building Code.
1629
1630	With the exception of paragraphs (a), (b), (c), and (f), in
1631	order to preserve the health, safety, and welfare of the public,
1632	the Florida Building Commission may, by rule adopted pursuant to
1633	chapter 120, provide for exceptions to the broad categories of
1634	buildings exempted in this section, including exceptions for
1635	application of specific sections of the code or standards
1636	adopted therein. The Department of Agriculture and Consumer
1637	Services shall have exclusive authority to adopt by rule,
1638	pursuant to chapter 120, exceptions to nonresidential farm
1639	buildings exempted in paragraph (c) when reasonably necessary to
1640	preserve public health, safety, and welfare. The exceptions must
1641	be based upon specific criteria, such as under-roof floor area,
1642	aggregate electrical service capacity, HVAC system capacity, or
1643	other building requirements. Further, the commission may
1644	recommend to the Legislature additional categories of buildings,
1645	structures, or facilities which should be exempted from the
1646	Florida Building Code, to be provided by law. The Florida
1647	Building Code does not apply to temporary housing provided by
1648	the Department of Corrections to any prisoner in the state
1649	correctional system.
1650	Section 31.  Paragraph (v) of subsection (1) of section
1651	553.74, Florida Statutes, is amended to read:
1652	553.74  Florida Building Commission.-
1653	(1)  The Florida Building Commission is created and shall
1654	be located within the Department of Community Affairs for
1655	administrative purposes. Members shall be appointed by the
1656	Governor subject to confirmation by the Senate. The commission
1657	shall be composed of 25 members, consisting of the following:
1658	(v)  One member who is a representative of the green
1659	building industry and who is a third-party commission agent, a
1660	Florida board member of the United States Green Building Council
1661	or Green Building Initiative, a professional who is accredited
1662	under the International Green Construction Code (IGCC), or a
1663	professional who is accredited under Leadership in Energy and
1664	Environmental Design (LEED) LEED-accredited professional.
1665
1666	Any person serving on the commission under paragraph (c) or
1667	paragraph (h) on October 1, 2003, and who has served less than
1668	two full terms is eligible for reappointment to the commission
1669	regardless of whether he or she meets the new qualification.
1670	Section 32.  Subsection (5) of section 553.842, Florida
1671	Statutes, is amended to read:
1672	553.842  Product evaluation and approval.-
1673	(5)  Statewide approval of products, methods, or systems of
1674	construction may be achieved by one of the following methods.
1675	One of these methods must be used by the commission to approve
1676	the following categories of products: panel walls, exterior
1677	doors, roofing, skylights, windows, shutters, and structural
1678	components as established by the commission by rule. A product
1679	may not be advertised, sold, offered, provided, distributed, or
1680	marketed as hurricane, windstorm, or impact protection from
1681	wind-borne debris from a hurricane or windstorm unless it is
1682	approved pursuant to s. 553.842 or s. 553.8425. Any person who
1683	advertises, sells, offers, provides, distributes, or markets a
1684	product as hurricane, windstorm, or impact protection from wind-
1685	borne debris without such approval is subject to the Florida
1686	Deceptive and Unfair Trade Practices Act under part II of
1687	chapter 501 brought by the enforcing authority as defined in s.
1688	501.203.
1689	(a)  Products for which the code establishes standardized
1690	testing or comparative or rational analysis methods shall be
1691	approved by submittal and validation of one of the following
1692	reports or listings indicating that the product or method or
1693	system of construction was evaluated to be in compliance with
1694	the Florida Building Code and that the product or method or
1695	system of construction is, for the purpose intended, at least
1696	equivalent to that required by the Florida Building Code:
1697	1.  A certification mark or listing of an approved
1698	certification agency, which may be used only for products for
1699	which the code designates standardized testing;
1700	2.  A test report from an approved testing laboratory;
1701	3.  A product evaluation report based upon testing or
1702	comparative or rational analysis, or a combination thereof, from
1703	an approved product evaluation entity; or
1704	4.  A product evaluation report based upon testing or
1705	comparative or rational analysis, or a combination thereof,
1706	developed and signed and sealed by a professional engineer or
1707	architect, licensed in this state.
1708
1709	A product evaluation report or a certification mark or listing
1710	of an approved certification agency which demonstrates that the
1711	product or method or system of construction complies with the
1712	Florida Building Code for the purpose intended is shall be
1713	equivalent to a test report and test procedure as referenced in
1714	the Florida Building Code. An application for state approval of
1715	a product under subparagraph 1. must be approved by the
1716	department after the commission staff or a designee verifies
1717	that the application and related documentation are complete.
1718	This verification must be completed within 10 business days
1719	after receipt of the application. Upon approval by the
1720	department, the product shall be immediately added to the list
1721	of state-approved products maintained under subsection (13).
1722	Approvals by the department shall be reviewed and ratified by
1723	the commission's program oversight committee except for a
1724	showing of good cause that a review by the full commission is
1725	necessary. The commission shall adopt rules providing means to
1726	cure deficiencies identified within submittals for products
1727	approved under this paragraph.
1728	(b)  Products, methods, or systems of construction for
1729	which there are no specific standardized testing or comparative
1730	or rational analysis methods established in the code may be
1731	approved by submittal and validation of one of the following:
1732	1.  A product evaluation report based upon testing or
1733	comparative or rational analysis, or a combination thereof, from
1734	an approved product evaluation entity indicating that the
1735	product or method or system of construction was evaluated to be
1736	in compliance with the intent of the Florida Building Code and
1737	that the product or method or system of construction is, for the
1738	purpose intended, at least equivalent to that required by the
1739	Florida Building Code; or
1740	2.  A product evaluation report based upon testing or
1741	comparative or rational analysis, or a combination thereof,
1742	developed and signed and sealed by a professional engineer or
1743	architect, licensed in this state, who certifies that the
1744	product or method or system of construction is, for the purpose
1745	intended, at least equivalent to that required by the Florida
1746	Building Code.
1747	Section 33.  Section 553.9061, Florida Statutes, is
1748	repealed.
1749	Section 34.  Subsections (3), (4), and (5) of section
1750	553.909, Florida Statutes, are amended to read:
1751	553.909  Setting requirements for appliances; exceptions.-
1752	(3)  Commercial or residential swimming pool pumps or water
1753	heaters manufactured and sold on or after December 31, 2011, for
1754	installation in this state must July 1, 2011, shall comply with
1755	the requirements of the Florida Energy Efficiency Code for
1756	Building Construction this subsection.
1757	(a)  Natural gas pool heaters shall not be equipped with
1758	constantly burning pilots.
1759	(b)  Heat pump pool heaters shall have a coefficient of
1760	performance at low temperature of not less than 4.0.
1761	(c)  The thermal efficiency of gas-fired pool heaters and
1762	oil-fired pool heaters shall not be less than 78 percent.
1763	(d)  All pool heaters shall have a readily accessible on-
1764	off switch that is mounted outside the heater and that allows
1765	shutting off the heater without adjusting the thermostat
1766	setting.
1767	(4)(a)  Residential swimming pool filtration pumps and pump
1768	motors manufactured and sold on or after December 31, 2011, for
1769	installation in this state July 1, 2011, must comply with the
1770	requirements of the Florida Energy Efficiency Code for Building
1771	Construction in this subsection.
1772	(b)  Residential filtration pool pump motors shall not be
1773	split-phase, shaded-pole, or capacitor start-induction run
1774	types.
1775	(c)  Residential filtration pool pumps and pool pump motors
1776	with a total horsepower of 1 HP or more shall have the
1777	capability of operating at two or more speeds with a low speed
1778	having a rotation rate that is no more than one-half of the
1779	motor's maximum rotation rate.
1780	(d)  Residential filtration pool pump motor controls shall
1781	have the capability of operating the pool pump at a minimum of
1782	two speeds. The default circulation speed shall be the
1783	residential filtration speed, with a higher speed override
1784	capability being for a temporary period not to exceed one normal
1785	cycle or 24 hours, whichever is less; except that circulation
1786	speed for solar pool heating systems shall be permitted to run
1787	at higher speeds during periods of usable solar heat gain.
1788	(5)  Portable electric spas manufactured and sold on or
1789	after December 31, 2011, for installation in this state must
1790	comply with the requirements of the Florida Energy Efficiency
1791	Code for Building Construction spa standby power shall not be
1792	greater than 5(V2/3) watts where V = the total volume, in
1793	gallons, when spas are measured in accordance with the spa
1794	industry test protocol.
1795	Section 35.  Paragraph (a) of subsection (2) of section
1796	627.711, Florida Statutes, is amended to read:
1797	627.711  Notice of premium discounts for hurricane loss
1798	mitigation; uniform mitigation verification inspection form.-
1799	(2)(a)  The Financial Services Commission shall develop by
1800	rule a uniform mitigation verification inspection form that
1801	shall be used by all insurers when submitted by policyholders
1802	for the purpose of factoring discounts for wind insurance. In
1803	developing the form, the commission shall seek input from
1804	insurance, construction, and building code representatives.
1805	Further, the commission shall provide guidance as to the length
1806	of time the inspection results are valid. An insurer shall
1807	accept as valid a uniform mitigation verification form signed by
1808	the following authorized mitigation inspectors:
1809	1.  A home inspector licensed under s. 468.8314 who has
1810	completed at least 3 hours of hurricane mitigation training
1811	approved by the Construction Industry Licensing Board which
1812	includes hurricane mitigation techniques and compliance with the
1813	uniform mitigation verification form and completion of a
1814	proficiency exam. Thereafter, home inspectors licensed under s.
1815	468.8314 must complete at least 2 hours of continuing education,
1816	as part of the existing licensure renewal requirements each
1817	year, related to mitigation inspection and the uniform
1818	mitigation form;
1819	2.  A building code inspector certified under s. 468.607;
1820	3.  A general, building, or residential contractor licensed
1821	under s. 489.111;
1822	4.  A professional engineer licensed under s. 471.015;
1823	5.  A professional architect licensed under s. 481.213; or
1824	6.  Any other individual or entity recognized by the
1825	insurer as possessing the necessary qualifications to properly
1826	complete a uniform mitigation verification form.
1827	Section 36.  Except as otherwise expressly provided in this
1828	act, this act shall take effect July 1, 2011.

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