Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 860
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2017           .                                

       The Committee on Community Affairs (Lee) recommended the
    1         Senate Amendment to Amendment (153030) (with title
    2  amendment)
    4         Between lines 261 and 262
    5  insert:
    6         Section 5. Subsections (3), (7), and (8) of section 553.73,
    7  Florida Statutes, and paragraphs (a) and (b) of subsection (9)
    8  of that section, are amended to read:
    9         553.73 Florida Building Code.—
   10         (3) The commission shall use the 6th edition, and
   11  subsequent editions, of the Florida Building Code as the
   12  International Codes published by the International Code Council,
   13  the National Electric Code (NFPA 70), or other nationally
   14  adopted model codes and standards needed to develop the base
   15  code in Florida to form the foundation for the development of
   16  and updates to the Florida Building Code. The Florida Building
   17  commission may approve technical amendments to the code as
   18  provided in, subject to subsections (8) and (9), after the
   19  amendments have been subject to all of the following conditions:
   20         (a) The proposed amendment must have has been published on
   21  the commission’s website for a minimum of 45 days and all the
   22  associated documentation must have has been made available to
   23  any interested party before any consideration by a technical
   24  advisory committee.;
   25         (b) In order for a technical advisory committee to make a
   26  favorable recommendation to the commission, the proposal must
   27  receive a three-fourths vote of the members present at the
   28  technical advisory committee meeting. and At least half of the
   29  regular members must be present in order to conduct a meeting.;
   30         (c) After the technical advisory committee has considered
   31  and recommended consideration and a recommendation for approval
   32  of any proposed amendment, the proposal must be published on the
   33  commission’s website for at least 45 days before any
   34  consideration by the commission.; and
   35         (d) A proposal may be modified by the commission based on
   36  public testimony and evidence from a public hearing held in
   37  accordance with chapter 120.
   39  The commission shall incorporate within sections of the Florida
   40  Building Code provisions that which address regional and local
   41  concerns and variations. The commission shall make every effort
   42  to minimize conflicts between the Florida Building Code, the
   43  Florida Fire Prevention Code, and the Life Safety Code.
   44         (7)(a) The commission, by rule adopted pursuant to ss.
   45  120.536(1) and 120.54, shall review update the Florida Building
   46  Code every 3 years to consider whether it needs to be revised.
   47  The commission shall adopt code revisions by rule. When
   48  evaluating potential revisions to updating the Florida Building
   49  Code, the commission shall review select the most current
   50  version of the International Building Code, the International
   51  Fuel Gas Code, the International Mechanical Code, the
   52  International Plumbing Code, and the International Residential
   53  Code, all of which are adopted by the International Code
   54  Council, and the National Electrical Code, which is adopted by
   55  the National Fire Protection Association, to form the foundation
   56  codes of the updated Florida Building Code, if the version has
   57  been adopted by the applicable model code entity. The commission
   58  shall also review select the most current version of the
   59  International Energy Conservation Code (IECC) as a foundation
   60  code; however, the IECC shall be modified by the commission must
   61  to maintain the efficiencies of the Florida Energy Efficiency
   62  Code for Building Construction adopted and amended pursuant to
   63  s. 553.901.
   64         (b) Codes regarding noise contour lines shall be reviewed
   65  annually, and the most current federal guidelines shall be
   66  adopted.
   67         (c) The commission may adopt as a technical amendment to
   68  the Florida Building Code modify any portion of the foundation
   69  codes identified in paragraph (a) only as needed to accommodate
   70  the specific needs of this state. Standards or criteria adopted
   71  from such referenced by the codes shall be incorporated by
   72  reference to the specific provisions of such codes which are
   73  adopted. If a referenced standard or criterion requires
   74  amplification or modification to be appropriate for use in this
   75  state, only the amplification or modification shall be set forth
   76  in the Florida Building Code. The commission may approve
   77  technical amendments to the updated Florida Building Code after
   78  the amendments have been subject to the conditions set forth in
   79  paragraphs (3)(a)-(d). Amendments that to the foundation codes
   80  which are adopted in accordance with this subsection shall be
   81  clearly marked in printed versions of the Florida Building Code
   82  so that the fact that the provisions are Florida-specific
   83  amendments to the foundation codes is readily apparent.
   84         (d) The commission shall further consider the commission’s
   85  own interpretations, declaratory statements, appellate
   86  decisions, and approved statewide and local technical amendments
   87  and shall incorporate such interpretations, statements,
   88  decisions, and amendments into the updated Florida Building Code
   89  only to the extent that they are needed to modify the foundation
   90  codes to accommodate the specific needs of the state. A change
   91  made by an institute or standards organization to any standard
   92  or criterion that is adopted by reference in the Florida
   93  Building Code does not become effective statewide until it has
   94  been adopted by the commission. Furthermore, the edition of the
   95  Florida Building Code which is in effect on the date of
   96  application for any permit authorized by the code governs the
   97  permitted work for the life of the permit and any extension
   98  granted to the permit.
   99         (e) A rule updating the Florida Building Code in accordance
  100  with this subsection shall take effect no sooner than 6 months
  101  after publication of the updated code. Any amendment to the
  102  Florida Building Code which is adopted upon a finding by the
  103  commission that the amendment is necessary to protect the public
  104  from immediate threat of harm takes effect immediately.
  105         (f) Provisions of the Florida Building Code foundation
  106  codes, including those contained in referenced standards and
  107  criteria, relating to wind resistance or the prevention of water
  108  intrusion may not be modified to diminish those construction
  109  requirements; however, the commission may, subject to conditions
  110  in this subsection, modify the provisions to enhance those
  111  construction requirements.
  112         (g) Amendments or modifications to the foundation code
  113  pursuant to this subsection shall remain effective only until
  114  the effective date of a new edition of the Florida Building Code
  115  every third year. Amendments or modifications related to state
  116  agency regulations which are adopted and integrated into an
  117  edition of the Florida Building Code shall be carried forward
  118  into the next edition of the code, subject to modification as
  119  provided in this part. Amendments or modifications related to
  120  the wind-resistance design of buildings and structures within
  121  the high-velocity hurricane zone of Miami-Dade and Broward
  122  Counties which are adopted to an edition of the Florida Building
  123  Code do not expire and shall be carried forward into the next
  124  edition of the code, subject to review or modification as
  125  provided in this part. If amendments that expire pursuant to
  126  this paragraph are resubmitted through the Florida Building
  127  commission code adoption process, the amendments must
  128  specifically address whether:
  129         1. The provisions contained in the proposed amendment are
  130  addressed in the applicable international code.
  131         2. The amendment demonstrates by evidence or data that the
  132  geographical jurisdiction of Florida exhibits a need to
  133  strengthen the foundation code beyond the needs or regional
  134  variations addressed by the foundation code, and why the
  135  proposed amendment applies to this state.
  136         3. The proposed amendment was submitted or attempted to be
  137  included in the foundation codes to avoid resubmission to the
  138  Florida Building Code amendment process.
  140  If the proposed amendment has been addressed in the
  141  international code in a substantially equivalent manner, the
  142  Florida Building commission may not include the proposed
  143  amendment in the foundation Code.
  144         (8) Notwithstanding the provisions of subsection (3) or
  145  subsection (7), the commission may address issues identified in
  146  this subsection by amending the code pursuant only to the rule
  147  adoption procedures contained in chapter 120. Provisions of The
  148  Florida Building Code, including provisions those contained in
  149  referenced standards and criteria which relate, relating to wind
  150  resistance or the prevention of water intrusion, may not be
  151  amended pursuant to this subsection to diminish those standards
  152  construction requirements; however, the commission may, subject
  153  to conditions in this subsection, amend the Florida Building
  154  Code the provisions to enhance such standards those construction
  155  requirements. Following the approval of any amendments to the
  156  Florida Building Code by the commission and publication of the
  157  amendments on the commission’s website, authorities having
  158  jurisdiction to enforce the Florida Building Code may enforce
  159  the amendments. The commission may approve amendments that are
  160  needed to address:
  161         (a) Conflicts within the updated code;
  162         (b) Conflicts between the updated code and the Florida Fire
  163  Prevention Code adopted pursuant to chapter 633;
  164         (c) Unintended results from the integration of previously
  165  adopted Florida-specific amendments with the model code;
  166         (d) Equivalency of standards;
  167         (e) Changes to or inconsistencies with federal or state
  168  law; or
  169         (f) Adoption of an updated edition of the National
  170  Electrical Code if the commission finds that delay of
  171  implementing the updated edition causes undue hardship to
  172  stakeholders or otherwise threatens the public health, safety,
  173  and welfare.
  174         (9)(a) The commission may approve technical amendments to
  175  the Florida Building Code once each year for statewide or
  176  regional application upon a finding that the amendment:
  177         1. Is needed in order to accommodate the specific needs of
  178  this state.
  179         2. Has a reasonable and substantial connection with the
  180  health, safety, and welfare of the general public.
  181         3. Strengthens or improves the Florida Building Code, or in
  182  the case of innovation or new technology, will provide
  183  equivalent or better products or methods or systems of
  184  construction.
  185         4. Does not discriminate against materials, products,
  186  methods, or systems of construction of demonstrated
  187  capabilities.
  188         5. Does not degrade the effectiveness of the Florida
  189  Building Code.
  191  The Florida Building Commission may approve technical amendments
  192  to the code once each year to incorporate into the Florida
  193  Building Code its own interpretations of the code which are
  194  embodied in its opinions, final orders, declaratory statements,
  195  and interpretations of hearing officer panels under s.
  196  553.775(3)(c), but only to the extent that the incorporation of
  197  interpretations is needed to modify the code foundation codes to
  198  accommodate the specific needs of this state. Amendments
  199  approved under this paragraph shall be adopted by rule after the
  200  amendments have been subjected to subsection (3).
  201         (b) A proposed amendment must include a fiscal impact
  202  statement that documents the costs and benefits of the proposed
  203  amendment. Criteria for the fiscal impact statement shall be
  204  established by rule by the commission and shall include the
  205  impact to local government relative to enforcement, the impact
  206  to property and building owners, and the impact to industry,
  207  relative to the cost of compliance. The amendment must
  208  demonstrate by evidence or data that the state’s geographical
  209  jurisdiction exhibits a need to strengthen the foundation code
  210  beyond the needs or regional variations addressed by the
  211  foundation code and why the proposed amendment applies to this
  212  state.
  213         Section 6. Subsection (2) of section 553.76, Florida
  214  Statutes, is amended to read:
  215         553.76 General powers of the commission.—The commission is
  216  authorized to:
  217         (2) Issue memoranda of procedure for its internal
  218  management and control. The commission may adopt rules related
  219  to its consensus-based decisionmaking process, including, but
  220  not limited to, super majority voting requirements for
  221  commission actions relating to the adoption of the Florida
  222  Building Code or amendments to the code. However, the commission
  223  must adopt the Florida Building Code, and amendments thereto, by
  224  at least a three-fourths vote of the members present at a
  225  meeting.
  227  ================= T I T L E  A M E N D M E N T ================
  228  And the title is amended as follows:
  229         Delete lines 329 - 358
  230  and insert:
  231         An act relating to the Florida Building Code; amending
  232         s. 468.603, F.S.; revising and defining terms;
  233         amending s. 468.609, F.S.; creating an internship path
  234         to certification as an inspector or plans examiner;
  235         specifying requirements for the internship periods;
  236         requiring the board to authorize specified candidates
  237         for certification as building code inspectors or plans
  238         examiners to perform duties during a specified period
  239         after initial application, to apply for a 1-year
  240         provisional certificate under certain circumstances,
  241         and to apply for standard certification within a
  242         certain time before completing the internship period;
  243         deleting being newly hired or promoted as a condition
  244         for eligibility to qualify for a provisional
  245         certificate; requiring rulemaking; requiring the board
  246         to develop a form to transfer internship periods
  247         completed in other jurisdictions under certain
  248         circumstances; requiring the board to develop an
  249         electronic application for standard certification for
  250         certain persons; authorizing persons to seek
  251         additional certifications if they meet certain
  252         requirements; conforming cross-references; amending s.
  253         468.617, F.S.; specifying that a county or municipal
  254         government, school board, community college board,
  255         state university, or state agency is not prohibited
  256         from entering into a contract for the services of a
  257         building code administrator or building code official;
  258         amending s. 468.8313, F.S.; providing conditions for
  259         the department to review and approve certain
  260         examinations; amending s. 553.73, F.S.; requiring the
  261         Florida Building Commission to use the 6th and
  262         subsequent editions of the Florida Building Code as
  263         the foundation for the development of and updates to
  264         the code; requiring the commission to review, rather
  265         than update, the Florida Building Code every 3 years;
  266         deleting a provision that specifies how long
  267         amendments or modifications to the foundation remain
  268         effective; deleting provisions limiting the length of
  269         time that an amendment or modification is effective;
  270         deleting a provision requiring certain amendments or
  271         modifications to be carried forward into the next
  272         edition of the code, subject to certain conditions;
  273         deleting certain requirements for the resubmission of
  274         expired amendments; deleting a provision prohibiting a
  275         proposed amendment from being included in the
  276         foundation code if it has been addressed in the
  277         international code; conforming provisions to changes
  278         made by the act; amending s. 553.76, F.S.; requiring
  279         the commission to adopt the Florida Building Code, and
  280         amendments thereto, by a minimum percentage of votes;
  281         amending s. 553.791, F.S.; revising the