Florida Senate - 2013                                    SB 1252
       
       
       
       By Senator Simpson
       
       
       
       
       18-00578B-13                                          20131252__
    1                        A bill to be entitled                      
    2         An act relating to building construction; amending s.
    3         381.0065, F.S.; specifying that certain actions
    4         relating to onsite sewage treatment and removal are
    5         not required if a bedroom is not added during a
    6         remodeling addition or modification to a single-family
    7         home; prohibiting a remodeling addition or
    8         modification from certain coverage or encroachment;
    9         authorizing a local health board to review specific
   10         plans; requiring a review to be completed within a
   11         specific time period after receipt of specific plans;
   12         amending s. 489.127, F.S.; revising civil penalties;
   13         authorizing a local building department to retain 75
   14         percent of certain fines collected if it transmits 25
   15         percent to the Department of Business and Professional
   16         Regulation; amending s. 489.131, F.S.; deleting
   17         legislative intent referring to a local agency’s
   18         enforcement of regulatory laws; deleting the
   19         definitions of “minor violation” and “notice of
   20         noncompliance”; deleting provisions that provide for
   21         what a notice of noncompliance should or should not
   22         include; deleting a provision that provides for
   23         further disciplinary proceedings for certain
   24         licensees; amending s. 489.531, F.S.; revising a
   25         maximum civil penalty; amending s. 553.73, F.S.;
   26         prohibiting any provision of the International
   27         Residential Code relating to mandated fire sprinklers
   28         from incorporation into the Florida Building Code;
   29         amending s. 553.79, F.S.; authorizing a site plan to
   30         be maintained at the worksite as an electronic copy;
   31         requiring the copy to be open to inspection by certain
   32         officials; amending s. 553.842, F.S.; requiring an
   33         application for state approval of a certain product to
   34         be approved by the department after the application
   35         and related documentation are complete; amending ss.
   36         553.901, 553.902, 553.903, 553.904, 553.905, and
   37         553.906, F.S.; requiring the Florida Building
   38         Commission to adopt the Florida Building Code-Energy
   39         Conservation; conforming subsequent sections of the
   40         thermal efficiency code; amending s. 553.912, F.S.;
   41         providing that certain existing heating and cooling
   42         equipment is not required to meet the minimum
   43         equipment efficiencies; amending s. 553.991, F.S.;
   44         revising the purpose of the Florida Building Energy
   45         Efficiency Rating Act; amending s. 553.992, F.S.;
   46         requiring the department to administer statewide
   47         criteria for building energy-efficiency rating
   48         systems; requiring department rules to prohibit a sole
   49         provider from conducting functions relating to the
   50         building energy-efficiency rating system; amending s.
   51         553.993, F.S.; providing a definition for the term
   52         “building energy-efficiency rating system”; amending
   53         s. 553.995, F.S.; deleting a minimum requirement for
   54         the building energy-efficiency rating system; revising
   55         language; requiring the interest group to advise the
   56         department in the adoption and administration of the
   57         system; deleting a provision that requires the
   58         interest group to assist in the implementation of the
   59         system by performing certain acts; requiring the
   60         department to approve, rather than develop, a training
   61         and certification program to certify raters; providing
   62         an effective date.
   63  
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Paragraph (aa) of subsection (4) of section
   67  381.0065, Florida Statutes, is amended to read:
   68         381.0065 Onsite sewage treatment and disposal systems;
   69  regulation.—
   70         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
   71  construct, repair, modify, abandon, or operate an onsite sewage
   72  treatment and disposal system without first obtaining a permit
   73  approved by the department. The department may issue permits to
   74  carry out this section, but shall not make the issuance of such
   75  permits contingent upon prior approval by the Department of
   76  Environmental Protection, except that the issuance of a permit
   77  for work seaward of the coastal construction control line
   78  established under s. 161.053 shall be contingent upon receipt of
   79  any required coastal construction control line permit from the
   80  Department of Environmental Protection. A construction permit is
   81  valid for 18 months from the issuance date and may be extended
   82  by the department for one 90-day period under rules adopted by
   83  the department. A repair permit is valid for 90 days from the
   84  date of issuance. An operating permit must be obtained prior to
   85  the use of any aerobic treatment unit or if the establishment
   86  generates commercial waste. Buildings or establishments that use
   87  an aerobic treatment unit or generate commercial waste shall be
   88  inspected by the department at least annually to assure
   89  compliance with the terms of the operating permit. The operating
   90  permit for a commercial wastewater system is valid for 1 year
   91  from the date of issuance and must be renewed annually. The
   92  operating permit for an aerobic treatment unit is valid for 2
   93  years from the date of issuance and must be renewed every 2
   94  years. If all information pertaining to the siting, location,
   95  and installation conditions or repair of an onsite sewage
   96  treatment and disposal system remains the same, a construction
   97  or repair permit for the onsite sewage treatment and disposal
   98  system may be transferred to another person, if the transferee
   99  files, within 60 days after the transfer of ownership, an
  100  amended application providing all corrected information and
  101  proof of ownership of the property. There is no fee associated
  102  with the processing of this supplemental information. A person
  103  may not contract to construct, modify, alter, repair, service,
  104  abandon, or maintain any portion of an onsite sewage treatment
  105  and disposal system without being registered under part III of
  106  chapter 489. A property owner who personally performs
  107  construction, maintenance, or repairs to a system serving his or
  108  her own owner-occupied single-family residence is exempt from
  109  registration requirements for performing such construction,
  110  maintenance, or repairs on that residence, but is subject to all
  111  permitting requirements. A municipality or political subdivision
  112  of the state may not issue a building or plumbing permit for any
  113  building that requires the use of an onsite sewage treatment and
  114  disposal system unless the owner or builder has received a
  115  construction permit for such system from the department. A
  116  building or structure may not be occupied and a municipality,
  117  political subdivision, or any state or federal agency may not
  118  authorize occupancy until the department approves the final
  119  installation of the onsite sewage treatment and disposal system.
  120  A municipality or political subdivision of the state may not
  121  approve any change in occupancy or tenancy of a building that
  122  uses an onsite sewage treatment and disposal system until the
  123  department has reviewed the use of the system with the proposed
  124  change, approved the change, and amended the operating permit.
  125         (aa) An existing-system inspection or evaluation, a
  126  modification, replacement, or upgrade of an onsite sewage
  127  treatment and disposal system, or a pump-out of an existing tank
  128  is not required for a remodeling addition or modification to a
  129  single-family home if a bedroom is not added. However, a
  130  remodeling addition or modification may not cover any part of
  131  the system or encroach upon a required setback or the
  132  unobstructed area. The local health department may review a
  133  floor plan and site plan that show the distance of the
  134  remodeling addition or modification from the system to determine
  135  if a setback or unobstructed area is impacted. The review shall
  136  be completed within 5 business days after receipt of an adequate
  137  floor plan and site plan.
  138         Section 2. Paragraphs (c) and (f) of subsection (5) and
  139  subsection (6) of section 489.127, Florida Statutes, are amended
  140  to read:
  141         489.127 Prohibitions; penalties.—
  142         (5) Each county or municipality may, at its option,
  143  designate one or more of its code enforcement officers, as
  144  defined in chapter 162, to enforce, as set out in this
  145  subsection, the provisions of subsection (1) and s. 489.132(1)
  146  against persons who engage in activity for which a county or
  147  municipal certificate of competency or license or state
  148  certification or registration is required.
  149         (c) The local governing body of the county or municipality
  150  may is authorized to enforce codes and ordinances against
  151  unlicensed contractors under the provisions of this subsection
  152  and may enact an ordinance establishing procedures for
  153  implementing this subsection, including a schedule of penalties
  154  to be assessed by the code enforcement officer. The maximum
  155  civil penalty which may be levied may shall not exceed $2,000
  156  $500. Moneys collected pursuant to this subsection shall be
  157  retained locally, as provided for by local ordinance, and may be
  158  set aside in a specific fund to support future enforcement
  159  activities against unlicensed contractors.
  160         (f) If the enforcement or licensing board or designated
  161  special magistrate finds that a violation exists, the
  162  enforcement or licensing board or designated special magistrate
  163  may order the violator to pay a civil penalty of not less than
  164  the amount set forth on the citation but not more than $1,500
  165  $1,000 per day for each violation. In determining the amount of
  166  the penalty, the enforcement or licensing board or designated
  167  special magistrate shall consider the following factors:
  168         1. The gravity of the violation.
  169         2. Any actions taken by the violator to correct the
  170  violation.
  171         3. Any previous violations committed by the violator.
  172         (6) Local building departments may collect outstanding
  173  fines against registered or certified contractors issued by the
  174  Construction Industry Licensing Board and may retain 75 25
  175  percent of the fines they are able to collect, provided that
  176  they transmit 25 75 percent of the fines they are able to
  177  collect to the department according to a procedure to be
  178  determined by the department.
  179         Section 3. Paragraph (a) of subsection (7) of section
  180  489.131, Florida Statutes, is amended to read:
  181         489.131 Applicability.—
  182         (7)(a) It is the policy of the state that the purpose of
  183  regulation is to protect the public by attaining compliance with
  184  the policies established in law. Fines and other penalties are
  185  provided in order to ensure compliance; however, the collection
  186  of fines and the imposition of penalties are intended to be
  187  secondary to the primary goal of attaining compliance with state
  188  laws and local jurisdiction ordinances. It is the intent of the
  189  Legislature that a local jurisdiction agency charged with
  190  enforcing regulatory laws shall issue a notice of noncompliance
  191  as its first response to a minor violation of a regulatory law
  192  in any instance in which it is reasonable to assume that the
  193  violator was unaware of such a law or unclear as to how to
  194  comply with it. A violation of a regulatory law is a “minor
  195  violation” if it does not result in economic or physical harm to
  196  a person or adversely affect the public health, safety, or
  197  welfare or create a significant threat of such harm. A “notice
  198  of noncompliance” is a notification by the local jurisdiction
  199  agency charged with enforcing the ordinance, which is issued to
  200  the licensee that is subject to the ordinance. A notice of
  201  noncompliance should not be accompanied with a fine or other
  202  disciplinary penalty. It should identify the specific ordinance
  203  that is being violated, provide information on how to comply
  204  with the ordinance, and specify a reasonable time for the
  205  violator to comply with the ordinance. Failure of a licensee to
  206  take action correcting the violation within a set period of time
  207  would then result in the institution of further disciplinary
  208  proceedings.
  209         Section 4. Paragraph (c) of subsection (4) of section
  210  489.531, Florida Statutes, is amended to read:
  211         489.531 Prohibitions; penalties.—
  212         (4) Each county or municipality may, at its option,
  213  designate one or more of its code enforcement officers, as
  214  defined in chapter 162, to enforce, as set out in this
  215  subsection, the provisions of subsection (1) against persons who
  216  engage in activity for which county or municipal certification
  217  is required.
  218         (c) The local governing body of the county or municipality
  219  may is authorized to enforce codes and ordinances against
  220  unlicensed contractors under the provisions of this section and
  221  may enact an ordinance establishing procedures for implementing
  222  this section, including a schedule of penalties to be assessed
  223  by the code enforcement officers. The maximum civil penalty
  224  which may be levied may shall not exceed $2,000 $500. Moneys
  225  collected pursuant to this section shall be retained locally as
  226  provided for by local ordinance and may be set aside in a
  227  specific fund to support future enforcement activities against
  228  unlicensed contractors.
  229         Section 5. Subsection (17) of section 553.73, Florida
  230  Statutes, is amended to read:
  231         553.73 Florida Building Code.—
  232         (17) A provision The provisions of section R313 of the most
  233  current version of the International Residential Code relating
  234  to mandated fire sprinklers may not be incorporated into the
  235  Florida Building Code as adopted by the Florida Building
  236  Commission and may not be adopted as a local amendment to the
  237  Florida Building Code. This subsection does not apply to a local
  238  government that has a lawfully adopted ordinance relating to
  239  fire sprinklers which has been in effect since January 1, 2010.
  240         Section 6. Subsection (18) is added to section 553.79,
  241  Florida Statutes, to read:
  242         553.79 Permits; applications; issuance; inspections.—
  243         (18) For the purpose of inspection and record retention,
  244  site plans for a building may be maintained in the form of an
  245  electronic copy at the worksite. These plans must be open to
  246  inspection by the building official or a duly authorized
  247  representative, as required by the Florida Building Code.
  248         Section 7. Paragraph (a) of subsection (5) of section
  249  553.842, Florida Statutes, is amended to read:
  250         553.842 Product evaluation and approval.—
  251         (5) Statewide approval of products, methods, or systems of
  252  construction may be achieved by one of the following methods.
  253  One of these methods must be used by the commission to approve
  254  the following categories of products: panel walls, exterior
  255  doors, roofing, skylights, windows, shutters, and structural
  256  components as established by the commission by rule. A product
  257  may not be advertised, sold, offered, provided, distributed, or
  258  marketed as hurricane, windstorm, or impact protection from
  259  wind-borne debris from a hurricane or windstorm unless it is
  260  approved pursuant to this section or s. 553.8425. Any person who
  261  advertises, sells, offers, provides, distributes, or markets a
  262  product as hurricane, windstorm, or impact protection from wind
  263  borne debris without such approval is subject to the Florida
  264  Deceptive and Unfair Trade Practices Act under part II of
  265  chapter 501 brought by the enforcing authority as defined in s.
  266  501.203.
  267         (a) Products for which the code establishes standardized
  268  testing or comparative or rational analysis methods shall be
  269  approved by submittal and validation of one of the following
  270  reports or listings indicating that the product or method or
  271  system of construction was in compliance with the Florida
  272  Building Code and that the product or method or system of
  273  construction is, for the purpose intended, at least equivalent
  274  to that required by the Florida Building Code:
  275         1. A certification mark or listing of an approved
  276  certification agency, which may be used only for products for
  277  which the code designates standardized testing;
  278         2. A test report from an approved testing laboratory;
  279         3. A product evaluation report based upon testing or
  280  comparative or rational analysis, or a combination thereof, from
  281  an approved product evaluation entity; or
  282         4. A product evaluation report based upon testing or
  283  comparative or rational analysis, or a combination thereof,
  284  developed and signed and sealed by a professional engineer or
  285  architect, licensed in this state.
  286  
  287  A product evaluation report or a certification mark or listing
  288  of an approved certification agency which demonstrates that the
  289  product or method or system of construction complies with the
  290  Florida Building Code for the purpose intended is equivalent to
  291  a test report and test procedure referenced in the Florida
  292  Building Code. An application for state approval of a product
  293  under subparagraph 1. or 3. must be approved by the department
  294  after the commission staff or a designee verifies that the
  295  application and related documentation are complete. This
  296  verification must be completed within 10 business days after
  297  receipt of the application. Upon approval by the department, the
  298  product shall be immediately added to the list of state-approved
  299  products maintained under subsection (13). Approvals by the
  300  department shall be reviewed and ratified by the commission’s
  301  program oversight committee except for a showing of good cause
  302  that a review by the full commission is necessary. The
  303  commission shall adopt rules providing means to cure
  304  deficiencies identified within submittals for products approved
  305  under this paragraph.
  306         Section 8. Section 553.901, Florida Statutes, is amended to
  307  read:
  308         553.901 Purpose of thermal efficiency code.—The Department
  309  of Business and Professional Regulation shall prepare a thermal
  310  efficiency code to provide for a statewide uniform standard for
  311  energy efficiency in the thermal design and operation of all
  312  buildings statewide, consistent with energy conservation goals,
  313  and to best provide for public safety, health, and general
  314  welfare. The Florida Building Commission shall adopt the Florida
  315  Building Code-Energy Conservation Florida Energy Efficiency Code
  316  for Building Construction within the Florida Building Code, and
  317  shall modify, revise, update, and maintain the code to implement
  318  the provisions of this thermal efficiency code and amendments
  319  thereto, in accordance with the procedures of chapter 120. The
  320  department shall, at least triennially, determine the most cost
  321  effective energy-saving equipment and techniques available and
  322  report its determinations to the commission, which shall update
  323  the code to incorporate such equipment and techniques. The
  324  proposed changes shall be made available for public review and
  325  comment no later than 6 months before prior to code
  326  implementation. The term “cost-effective,” as used in for the
  327  purposes of this part, means shall be construed to mean cost
  328  effective to the consumer.
  329         Section 9. Section 553.902, Florida Statutes, is reordered
  330  and amended to read:
  331         553.902 Definitions.—As used in For the purposes of this
  332  part, the term:
  333         (2)(1) “Exempted building” means:
  334         (a) A Any building or portion thereof whose peak design
  335  rate of energy usage for all purposes is less than 1 watt (3.4
  336  Btu per hour) per square foot of floor area for all purposes.
  337         (b) A Any building that which is neither heated nor cooled
  338  by a mechanical system designed to control or modify the indoor
  339  temperature and powered by electricity or fossil fuels.
  340         (c) A Any building for which federal mandatory standards
  341  preempt state energy codes.
  342         (d) A Any historical building as described in s.
  343  267.021(3).
  344  
  345  The Florida Building Commission may recommend to the Legislature
  346  additional types of buildings which should be exempted from
  347  compliance with the Florida Building Code-Energy Conservation
  348  Florida Energy Efficiency Code for Building Construction.
  349         (4)(2) “HVAC” means a system of heating, ventilating, and
  350  air-conditioning.
  351         (6)(3) “Renovated building” means a residential or
  352  nonresidential building undergoing alteration that varies or
  353  changes insulation, HVAC systems, water heating systems, or
  354  exterior envelope conditions, if provided the estimated cost of
  355  renovation exceeds 30 percent of the assessed value of the
  356  structure.
  357         (5)(4) “Local enforcement agency” means the agency of local
  358  government which has the authority to make inspections of
  359  buildings and to enforce the Florida Building Code. The term It
  360  includes any agency within the definition of s. 553.71(5).
  361         (3)(5) “Exterior envelope physical characteristics” means
  362  the physical nature of those elements of a building which
  363  enclose conditioned spaces through which energy may be
  364  transferred to or from the exterior.
  365         (1)(6) “Energy performance level” means the indicator of
  366  the energy-related performance of a building, including, but not
  367  limited to, the levels of insulation, the amount and type of
  368  glass, and the HVAC and water heating system efficiencies.
  369         Section 10. Section 553.903, Florida Statutes, is amended
  370  to read:
  371         553.903 Applicability.—This part applies shall apply to all
  372  new and renovated buildings in the state, except exempted
  373  buildings, for which building permits are obtained after March
  374  15, 1979, and to the installation or replacement of building
  375  systems and components with new products for which thermal
  376  efficiency standards are set by the Florida Building Code-Energy
  377  Conservation Florida Energy Efficiency Code for Building
  378  Construction. The provisions of this part shall constitute a
  379  statewide uniform code.
  380         Section 11. Section 553.904, Florida Statutes, is amended
  381  to read:
  382         553.904 Thermal efficiency standards for new nonresidential
  383  buildings.—Thermal designs and operations for new nonresidential
  384  buildings for which building permits are obtained after March
  385  15, 1979, must shall at a minimum take into account exterior
  386  envelope physical characteristics, including thermal mass; HVAC,
  387  service water heating, energy distribution, lighting, energy
  388  managing, and auxiliary systems design and selection; and HVAC,
  389  service water heating, energy distribution, lighting, energy
  390  managing, and auxiliary equipment performance, and are shall not
  391  be required to meet standards more stringent than the provisions
  392  of the Florida Building Code-Energy Conservation Florida Energy
  393  Efficiency Code for Building Construction.
  394         Section 12. Section 553.905, Florida Statutes, is amended
  395  to read:
  396         553.905 Thermal efficiency standards for new residential
  397  buildings.—Thermal designs and operations for new residential
  398  buildings for which building permits are obtained after March
  399  15, 1979, must shall at a minimum take into account exterior
  400  envelope physical characteristics, HVAC system selection and
  401  configuration, HVAC equipment performance, and service water
  402  heating design and equipment selection and are shall not be
  403  required to meet standards more stringent than the provisions of
  404  the Florida Building Code-Energy Conservation Florida Energy
  405  Efficiency Code for Building Construction. HVAC equipment
  406  mounted in an attic or a garage is shall not be required to have
  407  supplemental insulation in addition to that installed by the
  408  manufacturer. All new residential buildings, except those herein
  409  exempted, must shall have insulation in ceilings rated at R-19
  410  or more, space permitting. Thermal efficiency standards do not
  411  apply to a building of less than 1,000 square feet which is not
  412  primarily used as a principal residence and which is constructed
  413  and owned by a natural person for hunting or similar
  414  recreational purposes; however, no such person may not build
  415  more than one exempt building in any 12-month period.
  416         Section 13. Section 553.906, Florida Statutes, is amended
  417  to read:
  418         553.906 Thermal efficiency standards for renovated
  419  buildings.—Thermal designs and operations for renovated
  420  buildings for which building permits are obtained after March
  421  15, 1979, must shall take into account insulation; windows;
  422  infiltration; and HVAC, service water heating, energy
  423  distribution, lighting, energy managing, and auxiliary systems
  424  design and equipment selection and performance. Such buildings
  425  are shall not be required to meet standards more stringent than
  426  the provisions of the Florida Building Code-Energy Conservation
  427  Florida Energy Efficiency Code for Building Construction. These
  428  standards apply only to those portions of the structure which
  429  are actually renovated.
  430         Section 14. Section 553.912, Florida Statutes, is amended
  431  to read:
  432         553.912 Air conditioners.—All air conditioners that are
  433  sold or installed in the state must shall meet the minimum
  434  efficiency ratings of the Florida Energy Efficiency Code for
  435  Building Construction. These efficiency ratings must shall be
  436  minimums and may be updated in the Florida Building Code-Energy
  437  Conservation Florida Energy Efficiency Code for Building
  438  Construction by the department in accordance with s. 553.901,
  439  following its determination that more cost-effective energy
  440  saving equipment and techniques are available. It is the intent
  441  of the Legislature that all replacement air-conditioning systems
  442  be installed using energy-saving, quality installation
  443  procedures, including, but not limited to, equipment sizing
  444  analysis and duct inspection. Notwithstanding this section,
  445  existing heating and cooling equipment in residential
  446  applications need not meet the minimum equipment efficiencies,
  447  except to preserve the original approval or listing of the
  448  equipment.
  449         Section 15. Section 553.991, Florida Statutes, is amended
  450  to read:
  451         553.991 Purpose.—The purpose of this part is to provide for
  452  a statewide oversight of uniform system for rating systems for
  453  the energy efficiency of buildings. It is in the interest of the
  454  state to encourage energy efficiency the consideration of the
  455  energy-efficiency rating system in the market so as to provide
  456  market rewards for energy-efficient buildings and to those
  457  persons or companies designing, building, or selling energy
  458  efficient buildings.
  459         Section 16. Section 553.992, Florida Statutes, is amended
  460  to read:
  461         553.992 Adoption of rating system.—The Department of
  462  Business and Professional Regulation shall adopt, update, and
  463  maintain, and administer a statewide criteria for a uniform
  464  building energy-efficiency rating system to implement the
  465  provisions of this part and amendments thereto in accordance
  466  with the procedures of chapter 120 and shall, upon the request
  467  of any builder, designer, rater, or owner of a building, issue
  468  nonbinding interpretations, clarifications, and opinions
  469  concerning the application and use of the building energy
  470  efficiency energy rating system under rules that the department
  471  adopts in accordance with chapter 120. Department rules must
  472  prohibit a sole provider from conducting functions relating to
  473  the building energy-efficiency rating system, including energy
  474  rating, energy testing, certification of energy raters, and
  475  training.
  476         Section 17. Present subsections (3) through (5) of section
  477  553.993, Florida Statutes, are redesignated as subsections (4)
  478  through (6), respectively, and a new subsection (3) is added to
  479  that section to read:
  480         553.993 Definitions.—For purposes of this part:
  481         (3) “Building energy-efficiency rating system” means a
  482  whole building energy evaluation system established by the
  483  Residential Energy Services Network, Commercial Energy Services
  484  Network, or Building Performance Institute, or a nationally
  485  recognized rating system approved by the department.
  486         Section 18. Section 553.995, Florida Statutes, is amended
  487  to read:
  488         553.995 Energy-efficiency ratings for buildings.—
  489         (1) The building energy-efficiency rating system must shall
  490  at a minimum:
  491         (a) Provide a uniform rating scale of the efficiency of
  492  buildings based on annual energy usage.
  493         (a)(b) Take into account local climate conditions,
  494  construction practices, and building use.
  495         (b)(c) Be compatible with standard federal rating systems
  496  and state building codes and standards, where applicable, and
  497  shall satisfy the requirements of s. 553.9085 with respect to
  498  residential buildings and s. 255.256 with respect to state
  499  buildings.
  500         (2) Building The energy-efficiency rating systems system
  501  adopted by the department must shall provide a means of
  502  analyzing and comparing the relative energy efficiency of
  503  buildings upon the sale of new or existing residential, public,
  504  or commercial buildings.
  505         (3) The department shall establish a voluntary working
  506  group of persons interested in the building energy-efficiency
  507  rating system or energy efficiency, including, but not limited
  508  to, such persons as electrical engineers, mechanical engineers,
  509  architects, public utilities, and builders. The interest group
  510  shall advise the department in the adoption and administration
  511  development of the building energy-efficiency rating system and
  512  shall assist the department in the implementation of the rating
  513  system by coordinating educational programs for designers,
  514  builders, businesses, and other interested persons to assist
  515  compliance and to facilitate incorporation of the rating system
  516  into existing practices.
  517         (4) The department shall approve develop a training and
  518  certification program to certify raters. In addition to the
  519  department, ratings may be conducted by any local government or
  520  private entity, provided that the appropriate persons have
  521  completed the necessary training and have been certified by the
  522  department. The Department of Management Services shall rate
  523  state-owned or state-leased buildings, if provided that the
  524  appropriate persons have completed the necessary training and
  525  have been certified by the Department of Business and
  526  Professional Regulation. A state agency that which has building
  527  construction regulation authority may rate its own buildings and
  528  those it is responsible for, if the appropriate persons have
  529  completed the necessary training and have been certified by the
  530  Department of Business and Professional Regulation. The
  531  Department of Business and Professional Regulation may charge a
  532  fee not to exceed the costs for the training and certification
  533  of raters. The department shall by rule set the appropriate
  534  charges for raters to charge for energy ratings, not to exceed
  535  the actual costs.
  536         Section 19. This act shall take effect July 1, 2013.