Senate Bill sb2836e1

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  1                      A bill to be entitled

  2         An act relating to the Florida Building

  3         Commission; requiring the commission to review

  4         the requirements in the National Electrical

  5         Code which relate to bonding and grounding

  6         systems for swimming pools; authorizing the

  7         commission to adopt a rule for bonding and

  8         grounding which is an alterative to that of the

  9         National Electrical Code; providing legislative

10         intent relating to retrofitting buildings to

11         prevent hurricane and storm damage; directing

12         the commission to consider the costs and

13         benefits of any mitigation techniques before

14         adoption of a rule; requiring the commission to

15         develop and adopt within the Florida Building

16         Code appropriate mitigation techniques to use

17         to retrofit buildings constructed before the

18         code was implemented; requiring the commission

19         to make certain determinations before

20         eliminating gravel and stone roofing systems;

21         amending s. 468.609, F.S.; increasing the

22         number of days a newly employed person can be a

23         plan examiner or building inspector without

24         certification; amending s. 553.73, F.S.;

25         authorizing the commission to approve certain

26         amendments to the code; amending s. 553.775,

27         F.S.; providing that, upon written application

28         by substantially affected persons, the Florida

29         Building Commission must issue, or cause to be

30         issued, a formal interpretation of the code;

31         amending s. 553.791, F.S.; defining terms;


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 1         requiring that certain forms be signed at the

 2         completion of a required inspection; requiring

 3         that a deficiency notice be posted at the job

 4         site whenever an element is found to be not in

 5         conformance with the building code or the

 6         permitting documents; providing for corrective

 7         actions; prohibiting the charging of certain

 8         fees; amending s. 553.841, F.S.; providing

 9         legislative intent regarding education and

10         outreach for understanding the Florida Building

11         Code; requiring the Department of Community

12         Affairs to administer a compliance and

13         mitigation program; requiring that the

14         compliance and mitigation program be provided

15         by a private, nonprofit corporation under

16         contract with the department; requiring the

17         department to consider certain criteria when

18         selecting the corporation; requiring the

19         commission to provide certain courses to

20         accredit persons subject to the building code;

21         authorizing the commission to adopt rules;

22         amending s. 553.842, F.S.; providing for

23         certification of products; authorizing the

24         commission to impose penalties for violation of

25         the product validation process; amending s.

26         633.081, F.S.; deleting the requirement that a

27         certified firesafety inspector be a resident of

28         Florida; requiring that a firesafety inspector

29         be 18 years of age or older; establishing

30         grounds under which an inspector's license may

31         be suspended or revoked; amending s. 633.521,


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 1         F.S.; providing for provisional permits for

 2         inspectors of certain fire protection systems;

 3         providing a time limitation for such permits;

 4         amending s. 633.537, F.S.; revising continuing

 5         education requirements; requiring the

 6         commission to review certain modifications

 7         recommended by the commission's technical

 8         advisory committee; authorizing the commission

 9         to adopt or modify the modifications in

10         response to public comments; contingent upon

11         appropriations, directing the commission to

12         conduct a study to evaluate certain specified

13         activities related to mitigation of property

14         loss; requiring the commission to deliver a

15         report to the Governor and others by a

16         specified date; providing for the content of

17         the report; authorizing the commission to adopt

18         provisions preserving the use of gravel roof

19         systems; directing the commission to work with

20         others to review the Florida Energy Code and to

21         compare that code to other energy efficiency

22         codes; requiring the commission to deliver a

23         report to the Legislature by a specified date;

24         providing appropriations; providing an

25         effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  The Florida Building Commission shall

30  review the requirements in the National Electrical Code (2005)

31  which relate to bonding and grounding systems for swimming


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 1  pools. The commission may adopt a rule authorizing the use of

 2  a method for bonding and grounding systems which is an

 3  alternative to what is permitted by the National Electrical

 4  Code. The commission is further authorized to integrate that

 5  alternative method into the 2007 edition of the Florida

 6  Building Code, notwithstanding the requirements of s. 553.73,

 7  Florida Statutes. Until the commission adopts a rule for an

 8  alternate method for bonding and grounding systems for

 9  swimming pools, the use of an underground bonding conductor

10  made of a single #8 AWG bare solid copper wire buried to a

11  minimum depth of 4 inches to 6 inches below subgrade, and 18

12  inches to 24 inches from inside the wall of a swimming pool or

13  spa, is deemed a permissible alternative or equivalent to

14  compliance with s. 680.26(c) of the National Electrical Code

15  (2005), NFPA No. 70, adopted by reference within the Florida

16  Building Code.

17         Section 2.  (1)  The Legislature finds that the results

18  of recent hurricanes striking this state have demonstrated the

19  effectiveness of the Florida Building Code for reducing

20  property damage for buildings constructed in accordance with

21  the requirements of the code. The Legislature also finds that

22  the storms have called attention to the vulnerability of some

23  buildings constructed before the code was implemented. The

24  Legislature also finds that the destructive effects of

25  hurricanes represent a continuing threat to the health,

26  safety, and welfare of the residents of this state and affect

27  the insurance rates in the state. The Legislature additionally

28  finds that mitigating property damage constitutes a valid and

29  recognized objective of the Florida Building Code. The

30  Legislature further finds that retrofitting buildings built

31  before the code was implemented with proven construction


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 1  methods and materials set forth in the code is cost-effective

 2  and a benefit to the state as a whole.

 3         (2)  The Florida Building Commission shall:

 4         (a)  Consider the extent to which a proposed code

 5  provision will mitigate property damage to buildings and their

 6  contents when evaluating whether the proposed code provision

 7  should be adopted. If the proposed code provision applies only

 8  to the mitigation of property damage and cannot be

 9  demonstrated to significantly affect life-safety issues for

10  persons, the proposed code provision must be evaluated by its

11  measurable benefits when compared to the costs the proposed

12  code provision would impose if adopted as a rule.

13         (b)  Develop and adopt within the Florida Building Code

14  the appropriate mitigation techniques to use to retrofit

15  buildings constructed before the code was implemented. The

16  commission must consider, but is not limited to:

17         1.  Prescriptive techniques for installing gable-end

18  bracing;

19         2.  Secondary water barriers for roofs and standards

20  relating to secondary water barriers. The criteria may

21  include, but are not limited to, roof shape, slope, and

22  composition of all elements of the roof system, and the

23  cost-effectiveness of the secondary water barrier;

24         3.  Prescriptive means and criteria to improve

25  roof-to-wall connections; and

26         4.  Clarifying that roof-fastener deficiencies must be

27  corrected when exposed during reroofing.

28  

29  If the commission finds that the cost to retrofit an existing

30  building to meet the requirements of the code exceeds the cost

31  of applying the code to new construction, the commission must


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 1  authorizes the use of alternate, less expensive means to

 2  retrofit existing buildings.

 3         Section 3.  (1)  Before eliminating gravel or stone

 4  roofing systems in the Florida Building Code, the Florida

 5  Building Commission shall determine and document:

 6         (a)  Whether there is a scientific basis or reason for

 7  eliminating this option;

 8         (b)  Whether there is an available alternative that is

 9  equivalent in cost and durability;

10         (c)  Whether eliminating this option will unnecessarily

11  restrict or eliminate business or consumer choice in roofing

12  systems; and

13         (d)  In consultation with the Fish and Wildlife

14  Conservation Commission, whether eliminating this option will

15  negatively affect the nesting habitat of any species of

16  nesting bird.

17         (2)  Notwithstanding s. 553.73, Florida Statutes, the

18  Florida Building Commission may adopt provisions to preserve

19  the use of gravel roof systems in future editions of the

20  Florida Building Code, if necessary to address the

21  determination of the issues addressed in this section.

22         Section 4.  Paragraph (d) of subsection (7) of section

23  468.609, Florida Statutes, is amended to read:

24         468.609  Administration of this part; standards for

25  certification; additional categories of certification.--

26         (7)

27         (d)  A newly employed or hired person may perform the

28  duties of a plans examiner or building code inspector for 120

29  90 days if a provisional certificate application has been

30  submitted if, provided such person is under the direct

31  supervision of a certified building code administrator who


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 1  holds a standard certification and who has found such person

 2  qualified for a provisional certificate. However, Direct

 3  supervision and the determination of qualifications under this

 4  paragraph may also be provided by a building code

 5  administrator who holds a limited or provisional certificate

 6  in a any county having with a population of fewer less than

 7  75,000 and in a any municipality located within such a county.

 8         Section 5.  Subsection (7) of section 553.73, Florida

 9  Statutes, as amended by section 7 of chapter 2007-1, Laws of

10  Florida, is amended to read:

11         553.73  Florida Building Code.--

12         (7)  Upon the conclusion of a triennial update to the

13  Florida Building Code, Notwithstanding the provisions of

14  subsection (3) or subsection (6), the commission may address

15  issues identified in this subsection by amending the code

16  pursuant only to the rule adoption procedures contained in

17  chapter 120. Provisions of the Florida Building Code,

18  including those contained in referenced standards and

19  criteria, relating to wind resistance or the prevention of

20  water intrusion may not be amended pursuant to this subsection

21  to diminish those construction requirements; however, the

22  commission may, subject to conditions in this subsection,

23  amend the provisions to enhance those construction

24  requirements. Following the approval of any amendments to the

25  Florida Building Code by the commission and publication of the

26  amendments on the commission's website, authorities having

27  jurisdiction to enforce the Florida Building Code may enforce

28  the amendments. The commission may approve amendments that are

29  needed to address:

30         (a)  Conflicts within the updated code;

31  


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 1         (b)  Conflicts between the updated code and the Florida

 2  Fire Prevention Code adopted pursuant to chapter 633;

 3         (c)  The omission of previously adopted

 4  Florida-specific amendments to the updated code if such

 5  omission is not supported by a specific recommendation of a

 6  technical advisory committee or particular action by the

 7  commission; or

 8         (d)  Unintended results from the integration of

 9  previously adopted Florida-specific amendments with the model

10  code; or.

11         (e)  Changes to federal or state law.

12         Section 6.  Present paragraphs (d) through (g) of

13  subsection (3) of section 553.775, Florida Statutes, are

14  redesignated as paragraphs (e) through (h), respectively, and

15  a new paragraph (d) is added to that subsection, to read:

16         553.775  Interpretations.--

17         (3)  The following procedures may be invoked regarding

18  interpretations of the Florida Building Code:

19         (d)  Upon written application by any substantially

20  affected person, contractor, or designer, or a group

21  representing a substantially affected person, contractor, or

22  designer, the commission shall issue or cause to be issued a

23  formal interpretation of the Florida Building Code as

24  prescribed by paragraph (c).

25         Section 7.  Subsections (1), (2), (4), (8), (9), (10),

26  (11), (13), (15), and (18) of section 553.791, Florida

27  Statutes, are amended to read:

28         553.791  Alternative plans review and inspection.--

29         (1)  As used in this section, the term:

30         (a)  "Applicable codes" means the Florida Building Code

31  and any local technical amendments to the Florida Building


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 1  Code but does not include the applicable minimum fire

 2  prevention and firesafety codes adopted pursuant to chapter

 3  633.

 4         (b)  "Audit" means the process to confirm that the

 5  building code inspection services have been performed by the

 6  private provider, including ensuring that the required

 7  affidavit for the plan review has been properly completed and

 8  affixed to the permit documents and that the minimum mandatory

 9  inspections required under the building code have been

10  performed and properly recorded. The term does not mean that

11  the local building official is required to replicate the plan

12  review or inspection being performed by the private provider.

13         (c)(b)  "Building" means any construction, erection,

14  alteration, demolition, or improvement of, or addition to, any

15  structure for which permitting by a local enforcement agency

16  is required.

17         (d)(c)  "Building code inspection services" means those

18  services described in s. 468.603(6) and (7) involving the

19  review of building plans to determine compliance with

20  applicable codes and those inspections required by law of each

21  phase of construction for which permitting by a local

22  enforcement agency is required to determine compliance with

23  applicable codes.

24         (e)(d)  "Duly authorized representative" means an agent

25  by the private provider identified in the permit application

26  who reviews plans or performs inspections as provided by this

27  section and who is licensed as an engineer under chapter 471

28  or as an architect under chapter 481 or who holds a standard

29  certificate under part XII of chapter 468.

30         (f)  "Immediate threat to public safety and welfare"

31  means a building code violation that, if allowed to persist,


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 1  constitutes an immediate hazard that could result in death,

 2  serious bodily injury, or significant property damage. This

 3  paragraph does not limit the authority of the local building

 4  official to issue a Notice of Corrective Action at any time

 5  during the construction of a building project or any portion

 6  of such project if the official determines that a condition of

 7  the building or portion thereof may constitute a hazard when

 8  the building is put into use following completion as long as

 9  the condition cited is shown to be in violation of the

10  building code or approved plans.

11         (g)(e)  "Local building official" means the individual

12  within the governing jurisdiction responsible for direct

13  regulatory administration or supervision of plans review,

14  enforcement, and inspection of any construction, erection,

15  alteration, demolition, or substantial improvement of, or

16  addition to, any structure for which permitting is required to

17  indicate compliance with applicable codes and includes any

18  duly authorized designee of such person.

19         (h)(f)  "Permit application" means a properly completed

20  and submitted application for the requested building or

21  construction permit, including:

22         1.  The plans reviewed by the private provider.

23         2.  The affidavit from the private provider required

24  under pursuant to subsection (6).

25         3.  Any applicable fees.

26         4.  Any documents required by the local building

27  official to determine that the fee owner has secured all other

28  government approvals required by law.

29         (i)(g)  "Private provider" means a person licensed as

30  an engineer under chapter 471 or as an architect under chapter

31  481. For purposes of performing inspections under this section


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 1  for additions and alterations that are limited to 1,000 square

 2  feet or less to residential buildings, the term "private

 3  provider" also includes a person who holds a standard

 4  certificate under part XII of chapter 468.

 5         (j)(h)  "Request for certificate of occupancy or

 6  certificate of completion" means a properly completed and

 7  executed application for:

 8         1.  A certificate of occupancy or certificate of

 9  completion.

10         2.  A certificate of compliance from the private

11  provider required under pursuant to subsection (11).

12         3.  Any applicable fees.

13         4.  Any documents required by the local building

14  official to determine that the fee owner has secured all other

15  government approvals required by law.

16         (k)  "Stop-work order" means the issuance of any

17  written statement, written directive, or written order which

18  states the reason for the order and the conditions under which

19  the cited work will be permitted to resume.

20         (2)  Notwithstanding any other provision of law or

21  local government ordinance or local policy, the fee owner of a

22  building or structure, or the fee owner's contractor upon

23  written authorization from the fee owner, may choose to use a

24  private provider to provide building code inspection services

25  with regard to such building or structure and may make payment

26  directly to the private provider for the provision of such

27  services. All such services shall be the subject of a written

28  contract between the private provider, or the private

29  provider's firm, and the fee owner or the fee owner's

30  contractor, upon written authorization of the fee owner. The

31  fee owner may elect to use a private provider to provide plans


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 1  review or required building inspections, or both. However, if

 2  the fee owner or the fee owner's contractor uses a private

 3  provider to provide plans review, the local building official,

 4  in his or her discretion and pursuant to duly adopted policies

 5  of the local enforcement agency, may require the fee owner or

 6  the fee owner's contractor to use a private provider to also

 7  provide required building inspections.

 8         (4)  A fee owner or the fee owner's contractor using a

 9  private provider to provide building code inspection services

10  shall notify the local building official at the time of permit

11  application, or no less than 7 business days prior to the

12  first scheduled inspection by the local building official or

13  building code enforcement agency for a private provider

14  performing required inspections of construction under this

15  section, on a form to be adopted by the commission. This

16  notice shall include the following information:

17         (a)  The services to be performed by the private

18  provider.

19         (b)  The name, firm, address, telephone number, and

20  facsimile number of each private provider who is performing or

21  will perform such services, his or her professional license or

22  certification number, qualification statements or resumes,

23  and, if required by the local building official, a certificate

24  of insurance demonstrating that professional liability

25  insurance coverage is in place for the private provider's

26  firm, the private provider, and any duly authorized

27  representative in the amounts required by this section.

28         (c)  An acknowledgment from the fee owner in

29  substantially the following form:

30  

31  


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 1         I have elected to use one or more private

 2         providers to provide building code plans review

 3         and/or inspection services on the building or

 4         structure that is the subject of the enclosed

 5         permit application, as authorized by s.

 6         553.791, Florida Statutes. I understand that

 7         the local building official may not review the

 8         plans submitted or perform the required

 9         building inspections to determine compliance

10         with the applicable codes, except to the extent

11         specified in said law. Instead, plans review

12         and/or required building inspections will be

13         performed by licensed or certified personnel

14         identified in the application. The law requires

15         minimum insurance requirements for such

16         personnel, but I understand that I may require

17         more insurance to protect my interests. By

18         executing this form, I acknowledge that I have

19         made inquiry regarding the competence of the

20         licensed or certified personnel and the level

21         of their insurance and am satisfied that my

22         interests are adequately protected. I agree to

23         indemnify, defend, and hold harmless the local

24         government, the local building official, and

25         their building code enforcement personnel from

26         any and all claims arising from my use of these

27         licensed or certified personnel to perform

28         building code inspection services with respect

29         to the building or structure that is the

30         subject of the enclosed permit application.

31  


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 1  If the fee owner or the fee owner's contractor makes any

 2  changes to the listed private providers or the services to be

 3  provided by those private providers, the fee owner or the fee

 4  owner's contractor shall, within 1 business day after any

 5  change, update the notice to reflect such changes. A change of

 6  a duly authorized representative named in the permit

 7  application does not require a revision of the permit, and the

 8  building code enforcement agency shall not charge a fee for

 9  making the change. In addition, the fee owner or the fee

10  owner's contractor shall post at the project site, prior to

11  the commencement of construction and updated within 1 business

12  day after any change, on a form to be adopted by the

13  commission, the name, firm, address, telephone number, and

14  facsimile number of each private provider who is performing or

15  will perform building code inspection services, the type of

16  service being performed, and similar information for the

17  primary contact of the private provider on the project.

18  

19         (8)  A private provider performing required inspections

20  under this section shall inspect each phase of construction as

21  required by the applicable codes. The private provider shall

22  be permitted to send a duly authorized representative to the

23  building site to perform the required inspections, provided

24  all required reports and certifications are prepared by and

25  bear the signature of the private provider or the private

26  provider's duly authorized representative. The duly authorized

27  representative must be an employee of the private provider

28  entitled to receive unemployment compensation benefits under

29  chapter 443. The contractor's contractual or legal obligations

30  are not relieved by any action by the private provider.

31  


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 1         (9)  A private provider performing required inspections

 2  under this section shall provide notice to the local building

 3  official of the date and approximate time of any such

 4  inspection no later than the prior business day by 2 p.m.

 5  local time or by any later time permitted by the local

 6  building official in that jurisdiction.  The local building

 7  official may visit the building site as often as necessary to

 8  verify that the private provider is performing all required

 9  inspections. A deficiency notice must be posted at the job

10  site by the private provider, the duly authorized

11  representative of the private provider, or the building

12  department whenever a noncomplying item related to the

13  building code or the permitted documents is found. After

14  corrections are made, the item must be reinspected by the

15  private provider or representative before being concealed.

16  Reinspection or reaudit fees shall not be charged by the local

17  jurisdiction as a result of the local jurisdiction's audit

18  inspection occurring before the performance of the private

19  provider's inspection or for any other administrative matter

20  not involving the detection of a violation of the building

21  code or a permit requirement.

22         (10)  Upon completing the required inspections at each

23  applicable phase of construction, the private provider shall

24  record such inspections on a form acceptable to the local

25  building official. The form must be signed by the provider or

26  the provider's duly authorized representative. These

27  inspection records shall reflect those inspections required by

28  the applicable codes of each phase of construction for which

29  permitting by a local enforcement agency is required. The

30  private provider, before leaving the project site, shall post

31  each completed inspection record, indicating pass or fail, at


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 1  the site and provide the record to the local building official

 2  within 2 business days. The local building official may waive

 3  the requirement to provide a record of each inspection within

 4  2 business days if the record is posted at the project site

 5  and all such inspection records are submitted with the

 6  certificate of compliance. Records of all required and

 7  completed inspections shall be maintained at the building site

 8  at all times and made available for review by the local

 9  building official. The private provider shall report to the

10  local enforcement agency any condition that poses an immediate

11  threat to public safety and welfare.

12         (11)  Upon completion of all required inspections, the

13  private provider shall prepare a certificate of compliance, on

14  a form acceptable to the local building official, summarizing

15  the inspections performed and including a written

16  representation, under oath, that the stated inspections have

17  been performed and that, to the best of the private provider's

18  knowledge and belief, the building construction inspected

19  complies with the approved plans and applicable codes.  The

20  statement required of the private provider shall be

21  substantially in the following form and shall be signed and

22  sealed by a private provider as established in subsection (1):

23  

24         To the best of my knowledge and belief, the

25         building components and site improvements

26         outlined herein and inspected under my

27         authority have been completed in conformance

28         with the approved plans and the applicable

29         codes.

30  

31  


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 1         (13)  If the local building official determines that

 2  the building construction or plans do not comply with the

 3  applicable codes, the official may deny the permit or request

 4  for a certificate of occupancy or certificate of completion,

 5  as appropriate, or may issue a stop-work order for the project

 6  or any portion thereof as provided by law, if the official

 7  determines that the such noncompliance poses an immediate a

 8  threat to public safety and welfare, subject to the following:

 9         (a)  The local building official shall be available to

10  meet with the private provider within 2 business days to

11  resolve any dispute after issuing a stop-work order or

12  providing notice to the applicant denying a permit or request

13  for a certificate of occupancy or certificate of completion.

14         (b)  If the local building official and private

15  provider are unable to resolve the dispute, the matter shall

16  be referred to the local enforcement agency's board of

17  appeals, if one exists, which shall consider the matter at its

18  next scheduled meeting or sooner. Any decisions by the local

19  enforcement agency's board of appeals, or local building

20  official if there is no board of appeals, may be appealed to

21  the commission as provided by this chapter.

22         (c)  Notwithstanding any provision of this section, any

23  decisions regarding the issuance of a building permit,

24  certificate of occupancy, or certificate of completion may be

25  reviewed by the local enforcement agency's board of appeals,

26  if one exists. Any decision by the local enforcement agency's

27  board of appeals, or local building official if there is no

28  board of appeals, may be appealed to the commission as

29  provided by this chapter, which shall consider the matter at

30  the commission's next scheduled meeting.

31  


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 1         (15)(a)  A No local enforcement agency, local building

 2  official, or local government may not adopt or enforce any

 3  laws, rules, procedures, policies, qualifications, or

 4  standards more stringent than those prescribed by this

 5  section.

 6         (b)  A local enforcement agency, local building

 7  official, or local government may establish, for private

 8  providers and duly authorized representatives working within

 9  that jurisdiction, a system of registration to verify

10  compliance with the licensure requirements of paragraph (1)(g)

11  and the insurance requirements of subsection (16).

12         (c)  Nothing in This section does not limit limits the

13  authority of the local building official to issue a stop-work

14  order for a building project or any portion of the project

15  such order, as provided by law, if the official determines

16  that a condition on the building site constitutes an immediate

17  threat to public safety and welfare.

18         (18)  Each local building code enforcement agency may

19  audit the performance of building code inspection services by

20  private providers operating within the local jurisdiction.

21  Work on a building or structure may proceed after inspection

22  and approval by a private provider if the provider has given

23  notice of the inspection pursuant to subsection (9) and,

24  subsequent to such inspection and approval, the work shall may

25  not be delayed for completion of an inspection audit by the

26  local building code enforcement agency.

27         Section 8.  Section 553.841, Florida Statutes, is

28  amended to read:

29         553.841  Building code compliance and mitigation

30  program education and outreach program.--

31  


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    CS for CS for SB 2836                          First Engrossed



 1         (1)  The Legislature finds that knowledge and

 2  understanding by persons licensed in the design and

 3  construction industries of the importance and need for

 4  complying with the Florida Building Code is vital to the

 5  public health, safety, and welfare of this state, especially

 6  for mitigating damage caused by hurricanes to residents and

 7  visitors to the state. The Legislature further finds that the

 8  Florida Building Code can be effective only if all

 9  participants in the design and construction industries

10  maintain a thorough knowledge of the code and additions

11  thereto which improve construction standards to protect

12  against storm and other damage. Consequently, the Legislature

13  finds that there is a need for a program to provide ongoing

14  education and outreach activities concerning compliance with

15  the Florida Building Code and hurricane mitigation the

16  effectiveness of the building codes of this state depends on

17  the performance of all participants, as demonstrated through

18  knowledge of the codes and commitment to compliance with code

19  directives, and that to strengthen compliance by industry and

20  enforcement by government, a building code education and

21  outreach program is needed.

22         (2)  The Department of Community Affairs shall

23  administer a program, designated as the Florida Building Code

24  Compliance and Mitigation Program, to develop, coordinate, and

25  maintain education and outreach to persons required to comply

26  with the Florida Building Code and ensure consistent

27  education, training, and communication of the code's

28  requirements, including, but not limited to, methods for

29  mitigation of storm-related damage. The program shall also

30  operate a clearinghouse through which design, construction,

31  and building code enforcement licensees, suppliers, and


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    CS for CS for SB 2836                          First Engrossed



 1  consumers in this state may find others in order to exchange

 2  information relating to mitigation and facilitate repairs in

 3  the aftermath of a natural disaster. There is created the

 4  Building Code Education and Outreach Council to coordinate,

 5  develop, and maintain education and outreach to ensure

 6  administration and enforcement of the Florida Building Code.

 7         (3)  All services and materials under the Florida

 8  Building Code Compliance and Mitigation Program must be

 9  provided by a private, nonprofit corporation under contract

10  with the department. The term of the contract shall be for 4

11  years, with the option of one 4-year renewal at the end of the

12  contract term. The initial contract must be in effect no later

13  than November 1, 2007. The private, nonprofit corporation must

14  be an organization whose membership includes trade and

15  professional organizations whose members consist primarily of

16  persons and entities that are required to comply with the

17  Florida Building Code and that are licensed under part XII of

18  chapter 468, chapter 471, chapter 481, or chapter 489. When

19  selecting the private, nonprofit corporation for the program,

20  the department must give primary consideration to the

21  corporation's demonstrated experience and the ability to:

22         (a)  Develop and deliver building code-related

23  education, training, and outreach;

24         (b)  Directly access the majority of persons licensed

25  in the occupations of design, construction, and building code

26  enforcement individually and through established statewide

27  trade and professional association networks;

28         (c)  Serve as a clearinghouse to deliver education and

29  outreach throughout the state. The clearinghouse must serve as

30  a focal point at which persons licensed to design, construct,

31  and enforce building codes and suppliers and consumers can


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    CS for CS for SB 2836                          First Engrossed



 1  find each other in order to exchange information relating to

 2  mitigation and facilitate repairs in the aftermath of a

 3  natural disaster;

 4         (d)  Accept input from the Florida Building Commission,

 5  licensing regulatory boards, local building departments, and

 6  the design and construction industries in order to improve its

 7  education and outreach programs; and

 8         (e)  Promote design and construction techniques and

 9  materials for mitigating hurricane damage at a Florida-based

10  trade conference that includes participants from the broadest

11  possible range of design and construction trades and

12  professions, including from those private and public-sector

13  entities having jurisdiction over building codes and design

14  and construction licensure. The Building Code Education and

15  Outreach Council shall be composed of the following members:

16         (a)  Three representatives of the Florida Building

17  Commission, one of whom must be a member of a Florida-based

18  organization of persons with disabilities or a nationally

19  chartered organization of persons with disabilities having

20  chapters in this state, selected by the commission;

21         (b)  One representative of the Florida Building Code

22  Administrators and Inspectors Board, selected by that board;

23         (c)  One representative of the Construction Industry

24  Licensing Board, selected by that board;

25         (d)  One representative of the Electrical Contractors'

26  Licensing Board, selected by that board;

27         (e)  One representative of the Florida Board of

28  Professional Engineers, selected by that board;

29         (f)  One architect representative of the Board of

30  Architecture and Interior Design, selected by that board;

31  


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    CS for CS for SB 2836                          First Engrossed



 1         (g)  One interior designer representative of the Board

 2  of Architecture and Interior Design, selected by that board;

 3         (h)  One representative of the Board of Landscape

 4  Architecture, selected by that board;

 5         (i)  One representative from the office of the State

 6  Fire Marshal, selected by that office; and

 7         (j)  One representative with experience and expertise

 8  in K-12 public school construction.

 9  

10  Each member of the board shall be appointed to a 2-year term

11  and may be reappointed at the discretion of the appointing

12  body. A chair shall be elected by majority vote of the council

13  and shall serve a term of 1 year.

14         (4)  The Building Code Education and Outreach Council

15  shall meet in Tallahassee no more than semiannually. The

16  council may meet more often but not more than monthly, and

17  such additional meetings shall be by telephone conference

18  call. Travel costs, if any, shall be borne by the respective

19  appointing entity. The Department of Community Affairs shall

20  provide administrative support to the council; however, the

21  department may contract with an entity that has previous

22  experience with building code training, development, and

23  coordination to provide administrative support for the

24  council.

25         (5)  The Building Code Education and Outreach Council

26  shall:

27         (a)  Consider and determine any policies or procedures

28  needed to administer ss. 489.109(3) and 489.509(3).

29         (b)  Administer the provisions of this section.

30         (c)  Determine the areas of priority for which funds

31  should be expended for education and outreach.


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    CS for CS for SB 2836                          First Engrossed



 1         (d)  Review all proposed subjects for advanced courses

 2  concerning the Florida Building Code and recommend to the

 3  commission any related subjects that should be approved for

 4  advanced courses.

 5         (4)(6)  The department, in administering the Florida

 6  Building Code Compliance and Mitigation Program, Building Code

 7  Education and Outreach Council shall maintain, update,

 8  develop, or cause to be developed:

 9         (a)  A core curriculum that is prerequisite to the

10  advanced module coursework.

11         (b)  Advanced modules designed for use by each

12  profession.

13         (c)  The core curriculum developed under this

14  subsection must be approved by the commission and submitted to

15  the Department of Business and Professional Regulation for

16  approval. Advanced modules developed under this paragraph must

17  be approved by the commission and submitted to the respective

18  boards for approval.

19         (5)(7)  The core curriculum shall cover the information

20  required to have all categories of participants appropriately

21  informed as to their technical and administrative

22  responsibilities in the effective execution of the code

23  process by all individuals currently licensed under part XII

24  of chapter 468, chapter 471, chapter 481, or chapter 489,

25  except as otherwise provided in s. 471.017. The core

26  curriculum shall be prerequisite to the advanced module

27  coursework for all licensees and shall be completed by

28  individuals licensed in all categories under part XII of

29  chapter 468, chapter 471, chapter 481, or chapter 489 within

30  the first 2-year period after initial licensure. Core course

31  hours taken by licensees to complete this requirement shall


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    CS for CS for SB 2836                          First Engrossed



 1  count toward fulfillment of required continuing education

 2  units under part XII of chapter 468, chapter 471, chapter 481,

 3  or chapter 489.

 4         (6)(8)  Each biennium, upon receipt of funds by the

 5  Department of Community Affairs from the Construction Industry

 6  Licensing Board and the Electrical Contractors' Licensing

 7  Board provided under ss. 489.109(3) and 489.509(3), the

 8  department council shall determine the amount of funds

 9  available for the Florida Building Code Compliance and

10  Mitigation Program education and outreach projects from the

11  proceeds of contractor licensing fees and identify, solicit,

12  and accept funds from other sources for education and outreach

13  projects.

14         (7)(9)  If the funds collected for education and

15  outreach projects provided through the Florida Building Code

16  Compliance and Mitigation Program in any state fiscal year do

17  not require the use of all available funds, the unused funds

18  shall be carried forward and allocated for use during the

19  following fiscal year.

20         (8)  The Florida Building Commission shall provide by

21  rule for the accreditation of courses related to the Florida

22  Building Code by accreditors approved by the commission. The

23  commission shall establish qualifications of accreditors and

24  criteria for the accreditation of courses by rule. The

25  commission may revoke the accreditation of a course by an

26  accreditor if the accreditation is demonstrated to violate

27  this part or the rules of the commission.

28         (9)  This section does not prohibit or limit the

29  subject areas or development of continuing education or

30  training on the Florida Building Code by any qualified entity.

31  


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    CS for CS for SB 2836                          First Engrossed



 1         (10)  The commission shall consider and approve or

 2  reject the recommendations made by the council for subjects

 3  for education and outreach concerning the Florida Building

 4  Code. Any rejection must be made with specificity and must be

 5  communicated to the council.

 6         (11)  The commission shall adopt rules for establishing

 7  procedures and criteria for the approval of advanced courses.

 8  This section does not modify or eliminate the continuing

 9  education course requirements or authority of any licensing

10  board under part XII of chapter 468, chapter 471, chapter 481,

11  or chapter 489.

12         Section 9.  Paragraph (a) of subsection (5) and

13  subsection (7) of section 553.842, Florida Statutes, are

14  amended, and subsection (16) is added to that section to read:

15         553.842  Product evaluation and approval.--

16         (5)  Statewide approval of products, methods, or

17  systems of construction may be achieved by one of the

18  following methods. One of these methods must be used by the

19  commission to approve the following categories of products:

20  panel walls, exterior doors, roofing, skylights, windows,

21  shutters, and structural components as established by the

22  commission by rule.

23         (a)  Products for which the code establishes

24  standardized testing or comparative or rational analysis

25  methods shall be approved by submittal and validation of one

26  of the following reports or listings indicating that the

27  product or method or system of construction was evaluated to

28  be in compliance with the Florida Building Code and that the

29  product or method or system of construction is, for the

30  purpose intended, at least equivalent to that required by the

31  Florida Building Code:


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    CS for CS for SB 2836                          First Engrossed



 1         1.  A certification mark or listing of an approved

 2  certification agency, which may be used only for products for

 3  which the code designates standardized testing;

 4         2.  A test report from an approved testing laboratory;

 5         3.  A product evaluation report based upon testing or

 6  comparative or rational analysis, or a combination thereof,

 7  from an approved product evaluation entity; or

 8         4.  A product evaluation report based upon testing or

 9  comparative or rational analysis, or a combination thereof,

10  developed and signed and sealed by a professional engineer or

11  architect, licensed in this state.

12  

13  A product evaluation report or a certification mark or listing

14  of an approved certification agency which demonstrates that

15  the product or method or system of construction complies with

16  the Florida Building Code for the purpose intended shall be

17  equivalent to a test report and test procedure as referenced

18  in the Florida Building Code.

19         (7)  For state approvals, validation shall be performed

20  by validation entities approved by the commission. The

21  commission shall adopt by rule criteria for approval of

22  validation entities, which shall be third-party entities

23  independent of the product's manufacturer and which shall

24  certify to the commission the product's compliance with the

25  code. The commission may adopt by rule a schedule of penalties

26  to be imposed against approved validation entities that

27  validate product applications in violation of this section or

28  rules adopted under this section.

29         (16)  The commission may adopt a rule that identifies

30  standards that are equivalent to or more stringent than those

31  specifically adopted by the code, thereby allowing the use in


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    CS for CS for SB 2836                          First Engrossed



 1  this state of the products that comply with the equivalent

 2  standard.

 3         Section 10.  Subsections (2) and (6) of section

 4  633.081, Florida Statutes, are amended to read:

 5         633.081  Inspection of buildings and equipment; orders;

 6  firesafety inspection training requirements; certification;

 7  disciplinary action.--The State Fire Marshal and her or his

 8  agents shall, at any reasonable hour, when the department has

 9  reasonable cause to believe that a violation of this chapter

10  or s. 509.215, or a rule promulgated thereunder, or a minimum

11  firesafety code adopted by a local authority, may exist,

12  inspect any and all buildings and structures which are subject

13  to the requirements of this chapter or s. 509.215 and rules

14  promulgated thereunder. The authority to inspect shall extend

15  to all equipment, vehicles, and chemicals which are located

16  within the premises of any such building or structure.

17         (2)  Every firesafety inspection conducted pursuant to

18  state or local firesafety requirements shall be by a person

19  certified as having met the inspection training requirements

20  set by the State Fire Marshal.  Such person shall:

21         (a)  Be a high school graduate or the equivalent as

22  determined by the department;

23         (b)  Not have been found guilty of, or having pleaded

24  guilty or nolo contendere to, a felony or a crime punishable

25  by imprisonment of 1 year or more under the law of the United

26  States, or of any state thereof, which involves moral

27  turpitude, without regard to whether a judgment of conviction

28  has been entered by the court having jurisdiction of such

29  cases;

30         (c)  Have her or his fingerprints on file with the

31  department or with an agency designated by the department;


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    CS for CS for SB 2836                          First Engrossed



 1         (d)  Have good moral character as determined by the

 2  department;

 3         (e)  Be at least 18 years of age a resident of Florida;

 4         (f)  Have satisfactorily completed the firesafety

 5  inspector certification examination as prescribed by the

 6  department; and

 7         (g)1.  Have satisfactorily completed, as determined by

 8  the department, a firesafety inspector training program of not

 9  less than 200 hours, as established by the department and

10  administered by such agencies and institutions as approved by

11  the department for the purpose of providing basic

12  certification training for firesafety inspectors; or

13         2.  Have received in another state training which is

14  determined by the department to be at least equivalent to that

15  required by the department for approved firesafety inspector

16  education and training programs in this state.

17         (6)  The State Fire Marshal may deny, refuse to renew,

18  suspend, or revoke the certificate of a firesafety inspector

19  or special state firesafety inspector if it finds that any of

20  the following grounds exist:

21         (a)  Any cause for which issuance of a certificate

22  could have been refused had it then existed and been known to

23  the State Fire Marshal.

24         (b)  Violation of any provision of this chapter or any

25  rule or order of the State Fire Marshal.

26         (c)  Falsification of records relating to the

27  certificate.

28         (d)  Having been found guilty of or having pleaded

29  guilty or nolo contendere to a felony, whether or not a

30  judgment of conviction has been entered.

31         (e)  Failure to meet any of the renewal requirements.


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    CS for CS for SB 2836                          First Engrossed



 1         (f)  Having been convicted of a crime in any

 2  jurisdiction which directly relates to the practice of fire

 3  code inspection, plan review, or administration.

 4         (g)  Making or filing a report or record that the

 5  certificateholder knows to be false, or knowingly inducing

 6  another to file a false report or record, or knowingly failing

 7  to file a report or record required by state or local law, or

 8  knowingly impeding or obstructing such filing, or knowingly

 9  inducing another person to impede or obstruct such filing.

10         (h)  Failing to properly enforce applicable fire codes

11  or permit requirements within this state which the

12  certificateholder knows are applicable by committing willful

13  misconduct, gross negligence, gross misconduct, repeated

14  negligence, or negligence resulting in a significant danger to

15  life or property.

16         (i)  Accepting labor, services, or materials at no

17  charge or at a noncompetitive rate from any person who

18  performs work that is under the enforcement authority of the

19  certificateholder and who is not an immediate family member of

20  the certificateholder. For the purpose of this paragraph, the

21  term "immediate family member" means a spouse, child, parent,

22  sibling, grandparent, aunt, uncle, or first cousin of the

23  person or the person's spouse or any person who resides in the

24  primary residence of the certificateholder.

25         Section 11.  Subsection (9) of section 633.521, Florida

26  Statutes, is amended, and subsection (11) is added to that

27  section, to read:

28         633.521  Certificate application and issuance; permit

29  issuance; examination and investigation of applicant.--

30         (9)  It is the intent of the Legislature that the

31  inspections and testing of automatic fire sprinkler systems


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    CS for CS for SB 2836                          First Engrossed



 1  for detached one-family dwellings, detached two-family

 2  dwellings, and mobile homes be accomplished by the owner, who

 3  is responsible for requesting service from a contractor when

 4  necessary. It is further intended that the NFPA-25 inspection

 5  of exposed underground piping and any attached appurtenances

 6  supplying a fire protection system be conducted by a

 7  Contractor I or Contractor II.

 8         (11)  It is intended that a certificateholder, or a

 9  permitholder who is employed by a certificateholder, conduct

10  inspections required by this chapter. It is understood that

11  after July 1, 2008, employee turnover may result in a

12  depletion of personnel who are certified under the NICET

13  Sub-field of Inspection and Testing of Fire Protection Systems

14  Level II which is required for permitholders. The extensive

15  training and experience necessary to achieve NICET Level II

16  certification is recognized. A certificateholder may therefore

17  obtain a provisional permit with an endorsement for

18  inspection, testing, and maintenance of water-based fire

19  extinguishing systems for an employee if the employee has

20  initiated procedures for obtaining Level II certification from

21  the National Institute for Certification in Engineering

22  Technologies Sub-field of Inspection and Testing of Fire

23  Protection Systems and achieved Level I certification. After 2

24  years of provisional certification, the employee must have

25  achieved NICET Level II certification or cease performing

26  inspections requiring Level II certification. The provisional

27  permit is valid only for the 2 calendar years after the date

28  of issuance, may not be extended, and is not renewable. After

29  the initial 2-year provisional permit expires, the

30  certificateholder must wait 2 additional years before a new

31  provisional permit may be issued. The intent is to prohibit


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    CS for CS for SB 2836                          First Engrossed



 1  the certificateholder from using employees who never reach

 2  NICET Level II status by continuously obtaining provisional

 3  permits.

 4         Section 12.  Subsection (4) of section 633.537, Florida

 5  Statutes, is amended to read:

 6         633.537  Certificate; expiration; renewal; inactive

 7  certificate; continuing education.--

 8         (4)  The renewal period for the permit class is the

 9  same as that for of the employing certificateholder. The

10  continuing education requirements for permitholders are what

11  is required to maintain NICET Sub-field of Inspection and

12  Testing of Fire Protection Systems Level II or higher

13  certification plus 8 shall be 8 contact hours by June 30,

14  2006. An additional 16 contact hours of continuing education

15  is required by June 30, 2008, and during each biennial renewal

16  period thereafter. The continuing education curriculum from

17  July 1, 2005, until July 1, 2008, shall be the preparatory

18  curriculum for NICET II certification; after July 1, 2008, the

19  technical curriculum is at the discretion of the State Fire

20  Marshal and may be used to meet the maintenance of NICET Level

21  II certification and 8 contact hours of continuing education

22  requirements. It is the responsibility of the permitholder to

23  maintain NICET II certification as a condition of permit

24  renewal after July 1, 2008.

25         Section 13.  The Florida Building Commission shall

26  review modifications 2151, 2152, 2153 and 2492, reviewed by

27  the commission's technical advisory committee. The commission

28  shall take public comment on these modifications, including

29  the need for the modifications, how the modifications will

30  affect the health, safety, and welfare of the residents of

31  this state, and the continuing need for any Florida-specific


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    CS for CS for SB 2836                          First Engrossed



 1  requirement of the code which the modifications seek to

 2  repeal. Notwithstanding s. 553.73, Florida Statutes, the

 3  commission may adopt or modify the modifications in response

 4  to the public comments subject only to the rule-adoption

 5  procedures of chapter 120, Florida Statutes, for inclusion in

 6  the next edition of the Florida Building Code.

 7         Section 14.  Evaluation of hurricane loss relativities

 8  and resulting premium discounts; study required.--

 9         (1)  Contingent upon appropriations from the

10  Legislature, the Florida Building Commission shall conduct a

11  study updating the evaluation of loss relativities and

12  resulting reasonable discounts, credits, and other rate

13  differentials or appropriate reductions in deductibles for

14  properties on which fixtures or construction techniques

15  demonstrated to reduce the amount of loss in a windstorm have

16  been installed or implemented. The fixtures or construction

17  techniques must include, but are not limited to, those

18  activities that enhance roof strength, roof-covering

19  performance, roof-to-wall strength,

20  wall-to-floor-to-foundation strength, opening protection, and

21  window, door, or skylight strength.

22         (2)  The commission shall prepare a report on the

23  results of the study and deliver it to the Governor, the Chief

24  Financial Officer, the Commissioner of Insurance Regulation,

25  the President of the Senate, and the Speaker of the House of

26  Representatives no later than March 1, 2008. Upon the request

27  of the commission, the Office of Insurance Regulation shall

28  assist the commission with developing the scope and

29  methodology used to perform the study.

30         Section 15.  The Florida Building Commission shall, in

31  consultation with the Florida Energy Commission, the Building


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    CS for CS for SB 2836                          First Engrossed



 1  Officials Association of Florida, the Florida Energy Office,

 2  the Florida Home Builders Association, the Florida Association

 3  of Counties, the Florida League of Cities, and other

 4  stakeholders, review the Florida Energy Code for new building

 5  construction. Specifically, the commission must evaluate the

 6  analysis of the cost-effectiveness that serves as the basis

 7  for energy-efficiency levels for residential buildings,

 8  identify cost-effective means to improve energy efficiency in

 9  commercial buildings, and compare the findings to the

10  International Energy Conservation Code and the American

11  Society of Heating, Air Conditioning, and Refrigeration

12  Engineers Standards 90.1 and 90.2. The commission must

13  complete and present a report to the Legislature no later than

14  March 1, 2008. The report must include a new energy-efficiency

15  standard that may be adopted for the construction of all new

16  residential, commercial, and government buildings.

17         Section 16.  The sum of $1 million is appropriated from

18  the Department of Community Affairs Operating Trust Fund for

19  the 2007-2008 fiscal year for the purpose of implementing and

20  administering s. 553.841, Florida Statutes, relating to the

21  Florida Building Code Compliance and Mitigation Program.

22         Section 17.  The sum of $750,000 in nonrecurring funds

23  is appropriated from the Operating Trust Fund to the

24  Department of Community Affairs for the 2007-2008 fiscal year

25  for the purpose of implementing the study required by this

26  act.

27         Section 18.  This act shall take effect upon becoming a

28  law.

29  

30  

31  


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