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The Florida Senate

2009 Florida Statutes

Section 553.37, Florida Statutes 2009

553.37  Rules; inspections; and insignia.--

(1)  The Florida Building Commission shall adopt within the Florida Building Code requirements for construction or modification of manufactured buildings and building modules, to address:

(a)  Submittal to and approval by the department of manufacturers' drawings and specifications, including any amendments.

(b)  Submittal to and approval by the department of manufacturers' internal quality control procedures and manuals, including any amendments.

(c)  Minimum inspection criteria.

(2)  The department shall adopt rules to address:

(a)  Procedures and qualifications for approval of third-party plan review and inspection agencies and of those who perform inspections and plan reviews.

(b)  Investigation of consumer complaints of noncompliance of manufactured buildings with the Florida Building Code and the Florida Fire Prevention Code.

(c)  Issuance, cancellation, and revocation of any insignia issued by the department and procedures for auditing and accounting for disposition of them.

(d)  Monitoring the manufacturers', inspection agencies', and plan review agencies' compliance with this part and the Florida Building Code. Monitoring may include, but is not limited to, performing audits of plans, inspections of manufacturing facilities and observation of the manufacturing and inspection process, and onsite inspections of buildings.

(e)  The performance by the department of any other functions required by this part.

(3)  After the effective date of the Florida Building Code, no manufactured building, except as provided in 1subsection (12), may be installed in this state unless it is approved and bears the insignia of approval of the department and a manufacturer's data plate. Approvals issued by the department under the provisions of the prior part shall be deemed to comply with the requirements of this part.

(4)  All manufactured buildings issued and bearing insignia of approval pursuant to subsection (3) shall be deemed to comply with the Florida Building Code and are exempt from local amendments enacted by any local government.

(5)  No manufactured building bearing department insignia of approval pursuant to subsection (3) shall be in any way modified prior to installation, except in conformance with the Florida Building Code.

(6)  Manufactured buildings which have been issued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not require an additional approval or insignia by a local government in which they are subsequently sold or installed. Buildings or structures that meet the definition of "open construction" are subject to permitting by the local jurisdiction and are not required to bear insignia.

(7)  If the department determines that the standards for construction and inspection of manufactured buildings prescribed by statute or rule of another state are at least equal to the Florida Building Code and that such standards are actually enforced by such other state, it may provide by rule that the manufactured building which has been inspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate insignia of approval.

(8)  The department, by rule, shall establish a schedule of fees to pay the cost of the administration and enforcement of this part.

(9)  The department may delegate its enforcement authority to a state department having building construction responsibilities or a local government. The department may delegate its plan review and inspection authority to one or more of the following in any combination:

(a)  A state department having building construction responsibilities;

(b)  A local government;

(c)  An approved inspection agency;

(d)  An approved plan review agency; or

(e)  An agency of another state.

(10)  The department shall develop an insignia to be affixed to all newly constructed buildings by the manufacturer or the inspection agency prior to the building leaving the plant. The department may charge a fee for issuing such insignias. Such insignias shall bear the department's name, the state seal, an identification number unique to that insignia, and such other information as the department may require by rule.

(11)  The department shall by rule develop minimum criteria for manufacturer's data that must be affixed to all newly constructed buildings by the manufacturer prior to the building leaving the plant.

History.--s. 3, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 79-152; ss. 1, 4, ch. 80-86; ss. 2, 3, ch. 81-318; ss. 1, 3, 4, ch. 84-32; s. 4, ch. 91-429; s. 1, ch. 98-145; ss. 57, 58, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 6, ch. 2008-191.

1Note.--Section 553.37(12) does not exist. Material in former s. 553.37(11) relating to an exception from approval and insignia requirements for custom or one-of-a-kind prototype manufactured buildings was deleted by s. 6, ch. 2008-191.