CS for CS for SB 396 First Engrossed
2011396e1
1 A bill to be entitled
2 An act relating to building construction and
3 inspection; amending s. 120.541, F.S.; providing that
4 the issuance of a statement of estimated regulatory
5 costs does not apply to updates of or modifications to
6 the Florida Building Code or the Florida Fire
7 Prevention Code; amending s. 161.053, F.S.;
8 prohibiting the Florida Building Commission from
9 adopting rules that limit any exceptions or exemptions
10 provided for modifications or repairs of existing
11 structures within the limits of an existing foundation
12 under certain circumstances; amending s. 255.252,
13 F.S.; conforming provisions to changes made by the
14 act; amending s. 255.253, F.S.; defining the term
15 “sustainable building rating or national model green
16 building code” to include the International Green
17 Construction Code; amending ss. 255.257 and 255.2575,
18 F.S.; requiring that state agencies, local
19 governments, and the court system adopt a sustainable
20 building rating system or national model green
21 building code for new and renovated buildings;
22 amending s. 468.8316, F.S.; revising the continuing
23 education requirements for licensed home inspectors;
24 amending s. 468.8319, F.S.; deleting an exemption for
25 certain contractors from the prohibition against
26 performing repairs on a home that has a home
27 inspection report; deleting an obsolete provision;
28 amending s. 468.8323, F.S.; clarifying a provision
29 relating to the contents of a home inspection report;
30 amending s. 468.8324, F.S.; providing alternative
31 criteria for obtaining a home inspector’s license;
32 removing certain application requirements for a person
33 who performs home inspection services and who
34 qualifies for licensure on or before a specified date;
35 amending s. 468.841, F.S.; adding licensed home
36 inspectors to those who are exempt from complying with
37 provisions related to mold assessment; amending s.
38 481.329, F.S.; providing that part II of ch. 481,
39 F.S., does not preclude any person who engages in the
40 business of landscape design from submitting such
41 plans to governmental agencies for approval; amending
42 s. 489.103, F.S.; clarifying an exemption from
43 construction contracting regulation relating to
44 Habitat for Humanity; amending s. 489.105, F.S.;
45 adding the term “glass and glazing contractors” to the
46 definition of the term “contractor”; amending ss.
47 489.107 and 489.141, F.S.; conforming cross
48 references; amending s. 514.028, F.S.; revising the
49 composition of the advisory review board relating to
50 public swimming pools and bathing facilities; amending
51 s. 527.06, F.S.; prohibiting the Department of
52 Agriculture and Consumer Services and other state
53 agencies from requiring compliance with certain
54 national standards for liquefied petroleum gas tanks
55 unless the department or agencies require compliance
56 with a specified edition of the national standards;
57 providing that if the Department of Agriculture and
58 Consumer Services and other state agencies adopt the
59 minimum separation distances of the NFPA codes, the
60 rules are repealed by a specified date; amending s.
61 527.21, F.S.; revising the term “propane” for purposes
62 of the Florida Propane Gas Education, Safety, and
63 Research Act, to incorporate changes to certain
64 national standards in a reference thereto; amending s.
65 553.502, F.S.; revising intent with respect to the
66 Florida Americans with Disabilities Act; amending s.
67 553.503, F.S.; incorporating the Americans with
68 Disabilities Act Standards for Accessible Design into
69 state law by reference and directing that they be
70 adopted by rule into the Florida Accessibility Code
71 for Building Construction; amending s. 553.504, F.S.;
72 revising exceptions to incorporate the standards;
73 amending s. 553.5041, F.S.; revising provisions
74 relating to parking spaces for persons who have
75 disabilities to incorporate the standards; amending
76 ss. 553.505 and 553.506, F.S.; conforming provisions
77 to changes made by the act; amending s. 553.507, F.S.;
78 providing for the applicability of the act; amending
79 s. 553.509, F.S.; revising provisions relating to
80 vertical accessibility to incorporate the standards;
81 providing that buildings and facilities in this state
82 do not have to comply with the changes provided by
83 this act until the Florida Accessibility Code for
84 Building Construction is updated; amending s. 553.73,
85 F.S.; revising requirements relating to the Florida
86 Building Code; specifying national codes to form the
87 foundation for state building standards and codes;
88 providing for the incorporation of amendments into the
89 Florida Building Code; requiring proposed amendments
90 to the code to demonstrate a need for the amendment;
91 providing an additional exemption from wind-borne
92 debris standards for certain storage sheds; amending
93 s. 553.74, F.S.; revising requirements for selecting a
94 member of the Florida Building Commission; amending s.
95 553.842, F.S.; providing for the approval of certain
96 windstorm products; providing a cause of action
97 against any person who advertises, sells, offers,
98 provides, distributes, or markets certain products
99 without approval; repealing s. 553.9061, F.S.,
100 relating to a schedule of increases in the energy
101 performance of buildings subject to the Florida Energy
102 Efficiency Code for Building Construction; amending s.
103 553.909, F.S.; revising the requirements for certain
104 pool-related equipment; amending s. 627.711, F.S.;
105 revising requirements relating to home inspectors
106 conducting hurricane mitigation inspections; providing
107 effective dates.
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. Subsection (4) of section 120.541, Florida
112 Statutes, as amended by chapter 2010-279, Laws of Florida, is
113 amended to read:
114 120.541 Statement of estimated regulatory costs.—
115 (4) Subsection (3) Paragraph (2)(a) does not apply to the
116 adoption of:
117 (a) emergency rules pursuant to s. 120.54(4) or the
118 adoption of Federal standards pursuant to s. 120.54(6).
119 (b) Updates of or modifications to the Florida Building
120 Code pursuant to s. 553.73.
121 (c) Updates of or modifications to the Florida Fire
122 Prevention Code pursuant to s. 633.0215.
123 Section 2. Paragraph (a) of subsection (11) of section
124 161.053, Florida Statutes, is amended to read:
125 161.053 Coastal construction and excavation; regulation on
126 county basis.—
127 (11)(a) The coastal construction control requirements
128 defined in subsection (1) and the requirements of the erosion
129 projections in subsection (5) do not apply to any modification,
130 maintenance, or repair of any existing structure within the
131 limits of the existing foundation which does not require,
132 involve, or include any additions to, or repair or modification
133 of, the existing foundation of that structure. Specifically
134 excluded from this exemption are seawalls or other rigid coastal
135 or shore protection structures and any additions or enclosures
136 added, constructed, or installed below the first dwelling floor
137 or lowest deck of the existing structure. The Florida Building
138 Commission may not adopt any rule having the effect of limiting
139 any exceptions or exemptions contained within this paragraph.
140 Section 3. Subsections (3) and (4) of section 255.252,
141 Florida Statutes, are amended to read:
142 255.252 Findings and intent.—
143 (3) In order for that such energy-efficiency and
144 sustainable materials considerations to become a function of
145 building design and a model for future application in the
146 private sector, it is shall be the policy of the state that
147 buildings constructed and financed by the state be designed and
148 constructed to comply with a sustainable building rating or a
149 national model green building code the United States Green
150 Building Council (USGBC) Leadership in Energy and Environmental
151 Design (LEED) rating system, the Green Building Initiative’s
152 Green Globes rating system, the Florida Green Building Coalition
153 standards, or a nationally recognized, high-performance green
154 building rating system as approved by the department. It is
155 further the policy of the state, if when economically feasible,
156 to retrofit existing state-owned buildings in a manner that
157 minimizes which will minimize the consumption of energy used in
158 the operation and maintenance of such buildings.
159 (4) In addition to designing and constructing new buildings
160 to be energy-efficient, it is shall be the policy of the state
161 to operate and maintain state facilities in a manner that
162 minimizes which will minimize energy consumption and maximizes
163 maximize building sustainability, and to operate as well as
164 ensure that facilities leased by the state are operated so as to
165 minimize energy use. It is further the policy of the state that
166 the renovation of existing state facilities be in accordance
167 with a sustainable building rating or a national model green
168 building code the United States Green Building Council (USGBC)
169 Leadership in Energy and Environmental Design (LEED) rating
170 system, the Green Building Initiative’s Green Globes rating
171 system, the Florida Green Building Coalition standards, or a
172 nationally recognized, high-performance green building rating
173 system as approved by the department. State agencies are
174 encouraged to consider shared savings financing of such energy
175 efficiency and conservation projects, using contracts that which
176 split the resulting savings for a specified period of time
177 between the state agency and the private firm or cogeneration
178 contracts and that which otherwise permit the state to lower its
179 net energy costs. Such energy contracts may be funded from the
180 operating budget.
181 Section 4. Subsection (7) of section 255.253, Florida
182 Statutes, is amended to read:
183 255.253 Definitions; ss. 255.251-255.258.—
184 (7) “Sustainable building rating or national model green
185 building code” means a rating system established by the United
186 States Green Building Council (USGBC) Leadership in Energy and
187 Environmental Design (LEED) rating system, the International
188 Green Construction Code (IGCC), the Green Building Initiative’s
189 Green Globes rating system, the Florida Green Building Coalition
190 standards, or a nationally recognized, high-performance green
191 building rating system as approved by the department.
192 Section 5. Subsection (4) of section 255.257, Florida
193 Statutes, is amended to read:
194 255.257 Energy management; buildings occupied by state
195 agencies.—
196 (4) ADOPTION OF STANDARDS.—
197 (a) All state agencies shall adopt a sustainable building
198 rating system or use a national model green building code the
199 United States Green Building Council (USGBC) Leadership in
200 Energy and Environmental Design (LEED) rating system, the Green
201 Building Initiative’s Green Globes rating system, the Florida
202 Green Building Coalition standards, or a nationally recognized,
203 high-performance green building rating system as approved by the
204 department for all new buildings and renovations to existing
205 buildings.
206 (b) No state agency shall enter into new leasing agreements
207 for office space that does not meet Energy Star building
208 standards, except when determined by the appropriate state
209 agency head determines that no other viable or cost-effective
210 alternative exists.
211 (c) All state agencies shall develop energy conservation
212 measures and guidelines for new and existing office space where
213 state agencies occupy more than 5,000 square feet. These
214 conservation measures shall focus on programs that may reduce
215 energy consumption and, when established, provide a net
216 reduction in occupancy costs.
217 Section 6. Subsection (2) of section 255.2575, Florida
218 Statutes, is amended to read:
219 255.2575 Energy-efficient and sustainable buildings.—
220 (2) All county, municipal, school district, water
221 management district, state university, community college, and
222 Florida state court buildings shall be constructed to comply
223 with a sustainable building rating system or a national model
224 green building code meet the United States Green Building
225 Council (USGBC) Leadership in Energy and Environmental Design
226 (LEED) rating system, the Green Building Initiative’s Green
227 Globes rating system, the Florida Green Building Coalition
228 standards, or a nationally recognized, high-performance green
229 building rating system as approved by the Department of
230 Management Services. This section applies shall apply to all
231 county, municipal, school district, water management district,
232 state university, community college, and Florida state court
233 buildings the architectural plans of which are commenced after
234 July 1, 2008.
235 Section 7. Subsection (1) of section 468.8316, Florida
236 Statutes, is amended to read:
237 468.8316 Continuing education.—
238 (1) The department may not renew a license until the
239 licensee submits proof satisfactory to the department that
240 during the 2 years before prior to his or her application for
241 renewal the licensee has completed at least 14 hours of
242 continuing education. Of the 14 hours, at least 2 hours must be
243 in hurricane mitigation training that includes hurricane
244 mitigation techniques and compliance with the uniform mitigation
245 verification inspection form developed under s. 627.711(2). The
246 department shall adopt rules establishing criteria for approving
247 continuing education providers and courses course content shall
248 be approved by the department by rule.
249 Section 8. Paragraph (f) of subsection (1) and subsection
250 (3) of section 468.8319, Florida Statutes, are amended to read
251 468.8319 Prohibitions; penalties.—
252 (1) A person may not:
253 (f) Perform or offer to perform any repairs to a home on
254 which the inspector or the inspector’s company has prepared a
255 home inspection report. This paragraph does not apply to:
256 1. a home warranty company that is affiliated with or
257 retains a home inspector to perform repairs pursuant to a claim
258 made under a home warranty contract.
259 2. A certified contractor who is classified in s.
260 489.105(3) as a Division I contractor. However, the department
261 may adopt rules requiring that, if such contractor performs the
262 home inspection and offers to perform the repairs, the contract
263 for repairs provided to the homeowner discloses that he or she
264 has the right to request competitive bids.
265 (3) This section does not apply to unlicensed activity as
266 described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
267 that occurs before July 1, 2011.
268 Section 9. Paragraph (b) of subsection (1) of section
269 468.8323, Florida Statutes, is amended to read:
270 468.8323 Home inspection report.—Upon completion of each
271 home inspection for compensation, the home inspector shall
272 provide a written report prepared for the client.
273 (1) The home inspector shall report:
274 (b) If not self-evident, a reason why the system or
275 component reported under paragraph (a) is significantly
276 deficient or near the end of its service life.
277 Section 10. Section 468.8324, Florida Statutes, is amended
278 to read:
279 468.8324 Grandfather clause.—
280 (1) A person who performs home inspection services may
281 qualify for licensure as a home inspector under this part if the
282 person submits an application to the department postmarked on or
283 before July 1, 2012, which shows that the applicant:
284 (a) Possesses certification as a one- and two-family
285 dwelling inspector issued by the International Code Council or
286 the Southern Building Code Congress International;
287 (b) Has been certified as a one- and two-family dwelling
288 inspector by the Florida Building Code Administrators and
289 Inspectors Board under part XII of this chapter; or
290 (c) Possesses a Division I contractor license under part I
291 of chapter 489.
292 (1) A person who performs home inspection services as
293 defined in this part may qualify for licensure by the department
294 as a home inspector if the person submits an application to the
295 department postmarked on or before March 1, 2011, which shows
296 that the applicant:
297 (a) Is certified as a home inspector by a state or national
298 association that requires, for such certification, successful
299 completion of a proctored examination on home inspection
300 services and completes at least 14 hours of verifiable education
301 on such services; or
302 (b) Has at least 3 years of experience as a home inspector
303 at the time of application and has completed 14 hours of
304 verifiable education on home inspection services. To establish
305 the 3 years of experience, an applicant must submit at least 120
306 home inspection reports prepared by the applicant.
307 (2) The department may investigate the validity of a home
308 inspection report submitted under paragraph (1)(b) and, if the
309 applicant submits a false report, may take disciplinary action
310 against the applicant under s. 468.832(1)(e) or (g).
311 (2)(3) An applicant may not qualify for licensure under
312 this section if he or she has had a home inspector license or a
313 license in any related field revoked at any time or suspended
314 within the previous 5 years or has been assessed a fine that
315 exceeds $500 within the previous 5 years. For purposes of this
316 subsection, a license in a related field includes, but is not
317 limited to, licensure in real estate, construction, mold-related
318 services, or building code administration or inspection.
319 (3)(4) An applicant for licensure under this section must
320 comply with the criminal history, good moral character, and
321 insurance requirements of this part.
322 Section 11. Paragraph (d) of subsection (1) of section
323 468.841, Florida Statutes, is amended to read:
324 468.841 Exemptions.—
325 (1) The following persons are not required to comply with
326 any provisions of this part relating to mold assessment:
327 (d) Persons or business organizations acting within the
328 scope of the respective licenses required under part XV of
329 chapter 468, chapter 471, part I of chapter 481, chapter 482,
330 chapter 489, or part XV of this chapter, are acting on behalf of
331 an insurer under part VI of chapter 626, or are persons in the
332 manufactured housing industry who are licensed under chapter
333 320, except when any such persons or business organizations hold
334 themselves out for hire to the public as a “certified mold
335 assessor,” “registered mold assessor,” “licensed mold assessor,”
336 “mold assessor,” “professional mold assessor,” or any
337 combination thereof stating or implying licensure under this
338 part.
339 Section 12. Subsection (5) of section 481.329, Florida
340 Statutes, is amended to read:
341 481.329 Exceptions; exemptions from licensure.—
342 (5) Nothing in this part prohibits any person from engaging
343 in the practice of landscape design, as defined in s.
344 481.303(7), nor submitting such plans to governmental agencies
345 for approval. Persons providing landscape design services shall
346 not use the title, term, or designation “landscape architect,”
347 “landscape architectural,” “landscape architecture,” “L.A.,”
348 “landscape engineering,” or any description tending to convey
349 the impression that she or he is a landscape architect unless
350 she or he is registered as provided in this part.
351 Section 13. Subsection (18) of section 489.103, Florida
352 Statutes, is amended to read:
353 489.103 Exemptions.—This part does not apply to:
354 (18) Any one-family, two-family, or three-family residence
355 constructed or rehabilitated by Habitat for Humanity
356 International, Inc., or its local affiliates. Habitat for
357 Humanity International, Inc., or its local affiliates, must:
358 (a) Obtain all necessary building permits.
359 (b) Obtain all required building code inspections.
360 (c) Provide for supervision of all work by an individual
361 with construction experience.
362 Section 14. Subsection (3) of section 489.105, Florida
363 Statutes, is amended to read:
364 489.105 Definitions.—As used in this part:
365 (3) “Contractor” means the person who is qualified for, and
366 is shall only be responsible for, the project contracted for and
367 means, except as exempted in this part, the person who, for
368 compensation, undertakes to, submits a bid to, or does himself
369 or herself or by others construct, repair, alter, remodel, add
370 to, demolish, subtract from, or improve any building or
371 structure, including related improvements to real estate, for
372 others or for resale to others; and whose job scope is
373 substantially similar to the job scope described in one of the
374 subsequent paragraphs of this subsection. For the purposes of
375 regulation under this part, “demolish” applies only to
376 demolition of steel tanks over 50 feet in height; towers over 50
377 feet in height; other structures over 50 feet in height, other
378 than buildings or residences over three stories tall; and
379 buildings or residences over three stories tall. Contractors are
380 subdivided into two divisions, Division I, consisting of those
381 contractors defined in paragraphs (a)-(c), and Division II,
382 consisting of those contractors defined in paragraphs (d)-(r)
383 (d)-(q):
384 (a) “General contractor” means a contractor whose services
385 are unlimited as to the type of work which he or she may do, who
386 may contract for any activity requiring licensure under this
387 part, and who may perform any work requiring licensure under
388 this part, except as otherwise expressly provided in s. 489.113.
389 (b) “Building contractor” means a contractor whose services
390 are limited to construction of commercial buildings and single
391 dwelling or multiple-dwelling residential buildings, which
392 commercial or residential buildings do not exceed three stories
393 in height, and accessory use structures in connection therewith
394 or a contractor whose services are limited to remodeling,
395 repair, or improvement of any size building if the services do
396 not affect the structural members of the building.
397 (c) “Residential contractor” means a contractor whose
398 services are limited to construction, remodeling, repair, or
399 improvement of one-family, two-family, or three-family
400 residences not exceeding two habitable stories above no more
401 than one uninhabitable story and accessory use structures in
402 connection therewith.
403 (d) “Sheet metal contractor” means a contractor whose
404 services are unlimited in the sheet metal trade and who has the
405 experience, knowledge, and skill necessary for the manufacture,
406 fabrication, assembling, handling, erection, installation,
407 dismantling, conditioning, adjustment, insulation, alteration,
408 repair, servicing, or design, if when not prohibited by law, of
409 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
410 equivalent or lighter gauge and of other materials, including,
411 but not limited to, fiberglass, used in lieu thereof and of air
412 handling systems, including the setting of air-handling
413 equipment and reinforcement of same, the balancing of air
414 handling systems, and any duct cleaning and equipment sanitizing
415 that which requires at least a partial disassembling of the
416 system.
417 (e) “Roofing contractor” means a contractor whose services
418 are unlimited in the roofing trade and who has the experience,
419 knowledge, and skill to install, maintain, repair, alter,
420 extend, or design, if when not prohibited by law, and use
421 materials and items used in the installation, maintenance,
422 extension, and alteration of all kinds of roofing,
423 waterproofing, and coating, except when coating is not
424 represented to protect, repair, waterproof, stop leaks, or
425 extend the life of the roof. The scope of work of a roofing
426 contractor also includes required roof-deck attachments and any
427 repair or replacement of wood roof sheathing or fascia as needed
428 during roof repair or replacement.
429 (f) “Class A air-conditioning contractor” means a
430 contractor whose services are unlimited in the execution of
431 contracts requiring the experience, knowledge, and skill to
432 install, maintain, repair, fabricate, alter, extend, or design,
433 if when not prohibited by law, central air-conditioning,
434 refrigeration, heating, and ventilating systems, including duct
435 work in connection with a complete system if only to the extent
436 such duct work is performed by the contractor as is necessary to
437 make complete an air-distribution system, boiler and unfired
438 pressure vessel systems, and all appurtenances, apparatus, or
439 equipment used in connection therewith, and any duct cleaning
440 and equipment sanitizing that which requires at least a partial
441 disassembling of the system; to install, maintain, repair,
442 fabricate, alter, extend, or design, if when not prohibited by
443 law, piping, insulation of pipes, vessels and ducts, pressure
444 and process piping, and pneumatic control piping; to replace,
445 disconnect, or reconnect power wiring on the load side of the
446 dedicated existing electrical disconnect switch; to install,
447 disconnect, and reconnect low voltage heating, ventilating, and
448 air-conditioning control wiring; and to install a condensate
449 drain from an air-conditioning unit to an existing safe waste or
450 other approved disposal other than a direct connection to a
451 sanitary system. The scope of work for such contractor shall
452 also includes include any excavation work incidental thereto,
453 but does shall not include any work such as liquefied petroleum
454 or natural gas fuel lines within buildings, except for
455 disconnecting or reconnecting changeouts of liquefied petroleum
456 or natural gas appliances within buildings; potable water lines
457 or connections thereto; sanitary sewer lines; swimming pool
458 piping and filters; or electrical power wiring.
459 (g) “Class B air-conditioning contractor” means a
460 contractor whose services are limited to 25 tons of cooling and
461 500,000 Btu of heating in any one system in the execution of
462 contracts requiring the experience, knowledge, and skill to
463 install, maintain, repair, fabricate, alter, extend, or design,
464 if when not prohibited by law, central air-conditioning,
465 refrigeration, heating, and ventilating systems, including duct
466 work in connection with a complete system only to the extent
467 such duct work is performed by the contractor as is necessary to
468 make complete an air-distribution system being installed under
469 this classification, and any duct cleaning and equipment
470 sanitizing that which requires at least a partial disassembling
471 of the system; to install, maintain, repair, fabricate, alter,
472 extend, or design, if when not prohibited by law, piping and
473 insulation of pipes, vessels, and ducts; to replace, disconnect,
474 or reconnect power wiring on the load side of the dedicated
475 existing electrical disconnect switch; to install, disconnect,
476 and reconnect low voltage heating, ventilating, and air
477 conditioning control wiring; and to install a condensate drain
478 from an air-conditioning unit to an existing safe waste or other
479 approved disposal other than a direct connection to a sanitary
480 system. The scope of work for such contractor shall also
481 includes include any excavation work incidental thereto, but
482 does shall not include any work such as liquefied petroleum or
483 natural gas fuel lines within buildings, except for
484 disconnecting or reconnecting changeouts of liquefied petroleum
485 or natural gas appliances within buildings; potable water lines
486 or connections thereto; sanitary sewer lines; swimming pool
487 piping and filters; or electrical power wiring.
488 (h) “Class C air-conditioning contractor” means a
489 contractor whose business is limited to the servicing of air
490 conditioning, heating, or refrigeration systems, including any
491 duct cleaning and equipment sanitizing that which requires at
492 least a partial disassembling of the system, and whose
493 certification or registration, issued pursuant to this part, was
494 valid on October 1, 1988. Only a No person who was not
495 previously registered or certified as a Class C air-conditioning
496 contractor as of October 1, 1988, shall be so registered or
497 certified after October 1, 1988. However, the board shall
498 continue to license and regulate those Class C air-conditioning
499 contractors who held Class C licenses before prior to October 1,
500 1988.
501 (i) “Mechanical contractor” means a contractor whose
502 services are unlimited in the execution of contracts requiring
503 the experience, knowledge, and skill to install, maintain,
504 repair, fabricate, alter, extend, or design, if when not
505 prohibited by law, central air-conditioning, refrigeration,
506 heating, and ventilating systems, including duct work in
507 connection with a complete system if only to the extent such
508 duct work is performed by the contractor as is necessary to make
509 complete an air-distribution system, boiler and unfired pressure
510 vessel systems, lift station equipment and piping, and all
511 appurtenances, apparatus, or equipment used in connection
512 therewith, and any duct cleaning and equipment sanitizing that
513 which requires at least a partial disassembling of the system;
514 to install, maintain, repair, fabricate, alter, extend, or
515 design, if when not prohibited by law, piping, insulation of
516 pipes, vessels and ducts, pressure and process piping, pneumatic
517 control piping, gasoline tanks and pump installations and piping
518 for same, standpipes, air piping, vacuum line piping, oxygen
519 lines, nitrous oxide piping, ink and chemical lines, fuel
520 transmission lines, liquefied petroleum gas lines within
521 buildings, and natural gas fuel lines within buildings; to
522 replace, disconnect, or reconnect power wiring on the load side
523 of the dedicated existing electrical disconnect switch; to
524 install, disconnect, and reconnect low voltage heating,
525 ventilating, and air-conditioning control wiring; and to install
526 a condensate drain from an air-conditioning unit to an existing
527 safe waste or other approved disposal other than a direct
528 connection to a sanitary system. The scope of work for such
529 contractor shall also includes include any excavation work
530 incidental thereto, but does shall not include any work such as
531 potable water lines or connections thereto, sanitary sewer
532 lines, swimming pool piping and filters, or electrical power
533 wiring.
534 (j) “Commercial pool/spa contractor” means a contractor
535 whose scope of work involves, but is not limited to, the
536 construction, repair, and servicing of any swimming pool, or hot
537 tub or spa, whether public, private, or otherwise, regardless of
538 use. The scope of work includes the installation, repair, or
539 replacement of existing equipment, any cleaning or equipment
540 sanitizing that which requires at least a partial disassembling,
541 excluding filter changes, and the installation of new pool/spa
542 equipment, interior finishes, the installation of package pool
543 heaters, the installation of all perimeter piping and filter
544 piping, and the construction of equipment rooms or housing for
545 pool/spa equipment, and also includes the scope of work of a
546 swimming pool/spa servicing contractor. The scope of such work
547 does not include direct connections to a sanitary sewer system
548 or to potable water lines. The installation, construction,
549 modification, or replacement of equipment permanently attached
550 to and associated with the pool or spa for the purpose of water
551 treatment or cleaning of the pool or spa requires licensure;
552 however, the usage of such equipment for the purposes of water
553 treatment or cleaning does shall not require licensure unless
554 the usage involves construction, modification, or replacement of
555 such equipment. Water treatment that does not require such
556 equipment does not require a license. In addition, a license is
557 shall not be required for the cleaning of the pool or spa in a
558 any way that does not affect the structural integrity of the
559 pool or spa or its associated equipment.
560 (k) “Residential pool/spa contractor” means a contractor
561 whose scope of work involves, but is not limited to, the
562 construction, repair, and servicing of a any residential
563 swimming pool, or hot tub or spa, regardless of use. The scope
564 of work includes the installation, repair, or replacement of
565 existing equipment, any cleaning or equipment sanitizing that
566 which requires at least a partial disassembling, excluding
567 filter changes, and the installation of new pool/spa equipment,
568 interior finishes, the installation of package pool heaters, the
569 installation of all perimeter piping and filter piping, and the
570 construction of equipment rooms or housing for pool/spa
571 equipment, and also includes the scope of work of a swimming
572 pool/spa servicing contractor. The scope of such work does not
573 include direct connections to a sanitary sewer system or to
574 potable water lines. The installation, construction,
575 modification, or replacement of equipment permanently attached
576 to and associated with the pool or spa for the purpose of water
577 treatment or cleaning of the pool or spa requires licensure;
578 however, the usage of such equipment for the purposes of water
579 treatment or cleaning does shall not require licensure unless
580 the usage involves construction, modification, or replacement of
581 such equipment. Water treatment that does not require such
582 equipment does not require a license. In addition, a license is
583 shall not be required for the cleaning of the pool or spa in a
584 any way that does not affect the structural integrity of the
585 pool or spa or its associated equipment.
586 (l) “Swimming pool/spa servicing contractor” means a
587 contractor whose scope of work involves, but is not limited to,
588 the repair and servicing of a any swimming pool, or hot tub or
589 spa, whether public or private, or otherwise, regardless of use.
590 The scope of work includes the repair or replacement of existing
591 equipment, any cleaning or equipment sanitizing that which
592 requires at least a partial disassembling, excluding filter
593 changes, and the installation of new pool/spa equipment,
594 interior refinishing, the reinstallation or addition of pool
595 heaters, the repair or replacement of all perimeter piping and
596 filter piping, the repair of equipment rooms or housing for
597 pool/spa equipment, and the substantial or complete draining of
598 a swimming pool, or hot tub or spa, for the purpose of any
599 repair or renovation. The scope of such work does not include
600 direct connections to a sanitary sewer system or to potable
601 water lines. The installation, construction, modification,
602 substantial or complete disassembly, or replacement of equipment
603 permanently attached to and associated with the pool or spa for
604 the purpose of water treatment or cleaning of the pool or spa
605 requires licensure; however, the usage of such equipment for the
606 purposes of water treatment or cleaning does shall not require
607 licensure unless the usage involves construction, modification,
608 substantial or complete disassembly, or replacement of such
609 equipment. Water treatment that does not require such equipment
610 does not require a license. In addition, a license is shall not
611 be required for the cleaning of the pool or spa in a any way
612 that does not affect the structural integrity of the pool or spa
613 or its associated equipment.
614 (m) “Plumbing contractor” means a contractor whose
615 contracting business consists of the execution of contracts
616 requiring the experience, financial means, knowledge, and skill
617 to install, maintain, repair, alter, extend, or, if when not
618 prohibited by law, design plumbing. A plumbing contractor may
619 install, maintain, repair, alter, extend, or, if when not
620 prohibited by law, design the following without obtaining an any
621 additional local regulatory license, certificate, or
622 registration: sanitary drainage or storm drainage facilities;
623 venting systems; public or private water supply systems; septic
624 tanks; drainage and supply wells; swimming pool piping;
625 irrigation systems; or solar heating water systems and all
626 appurtenances, apparatus, or equipment used in connection
627 therewith, including boilers and pressure process piping and
628 including the installation of water, natural gas, liquefied
629 petroleum gas and related venting, and storm and sanitary sewer
630 lines; and water and sewer plants and substations. The scope of
631 work of the plumbing contractor also includes the design, if
632 when not prohibited by law, and installation, maintenance,
633 repair, alteration, or extension of air-piping, vacuum line
634 piping, oxygen line piping, nitrous oxide piping, and all
635 related medical gas systems; fire line standpipes and fire
636 sprinklers if to the extent authorized by law; ink and chemical
637 lines; fuel oil and gasoline piping and tank and pump
638 installation, except bulk storage plants; and pneumatic control
639 piping systems, all in such a manner that complies as to comply
640 with all plans, specifications, codes, laws, and regulations
641 applicable. The scope of work of the plumbing contractor applies
642 shall apply to private property and public property, including
643 shall include any excavation work incidental thereto, and
644 includes shall include the work of the specialty plumbing
645 contractor. Such contractor shall subcontract, with a qualified
646 contractor in the field concerned, all other work incidental to
647 the work but which is specified herein as being the work of a
648 trade other than that of a plumbing contractor. Nothing in This
649 definition does not shall be construed to limit the scope of
650 work of any specialty contractor certified pursuant to s.
651 489.113(6), and does not. Nothing in this definition shall be
652 construed to require certification or registration under this
653 part of any authorized employee of a public natural gas utility
654 or of a private natural gas utility regulated by the Public
655 Service Commission when disconnecting and reconnecting water
656 lines in the servicing or replacement of an existing water
657 heater.
658 (n) “Underground utility and excavation contractor” means a
659 contractor whose services are limited to the construction,
660 installation, and repair, on public or private property, whether
661 accomplished through open excavations or through other means,
662 including, but not limited to, directional drilling, auger
663 boring, jacking and boring, trenchless technologies, wet and dry
664 taps, grouting, and slip lining, of main sanitary sewer
665 collection systems, main water distribution systems, storm sewer
666 collection systems, and the continuation of utility lines from
667 the main systems to a point of termination up to and including
668 the meter location for the individual occupancy, sewer
669 collection systems at property line on residential or single
670 occupancy commercial properties, or on multioccupancy properties
671 at manhole or wye lateral extended to an invert elevation as
672 engineered to accommodate future building sewers, water
673 distribution systems, or storm sewer collection systems at storm
674 sewer structures. However, an underground utility and excavation
675 contractor may install empty underground conduits in rights-of
676 way, easements, platted rights-of-way in new site development,
677 and sleeves for parking lot crossings no smaller than 2 inches
678 in diameter if, provided that each conduit system installed is
679 designed by a licensed professional engineer or an authorized
680 employee of a municipality, county, or public utility and that
681 the installation of any such conduit does not include
682 installation of any conductor wiring or connection to an
683 energized electrical system. An underground utility and
684 excavation contractor may shall not install any piping that is
685 an integral part of a fire protection system as defined in s.
686 633.021 beginning at the point where the piping is used
687 exclusively for such system.
688 (o) “Solar contractor” means a contractor whose services
689 consist of the installation, alteration, repair, maintenance,
690 relocation, or replacement of solar panels for potable solar
691 water heating systems, swimming pool solar heating systems, and
692 photovoltaic systems and any appurtenances, apparatus, or
693 equipment used in connection therewith, whether public, private,
694 or otherwise, regardless of use. A contractor, certified or
695 registered pursuant to the provisions of this chapter, is not
696 required to become a certified or registered solar contractor or
697 to contract with a solar contractor in order to provide any
698 services enumerated in this paragraph that are within the scope
699 of the services such contractors may render under this part.
700 (p) “Pollutant storage systems contractor” means a
701 contractor whose services are limited to, and who has the
702 experience, knowledge, and skill to install, maintain, repair,
703 alter, extend, or design, if when not prohibited by law, and use
704 materials and items used in the installation, maintenance,
705 extension, and alteration of, pollutant storage tanks. Any
706 person installing a pollutant storage tank shall perform such
707 installation in accordance with the standards adopted pursuant
708 to s. 376.303.
709 (q) “Glass and glazing contractor” means a contractor whose
710 services are unlimited in the execution of contracts requiring
711 the experience, knowledge, and skill to install, attach,
712 maintain, repair, fabricate, alter, extend, or design, in
713 residential and commercial applications without any height
714 restrictions, all types of windows, glass, and mirrors, whether
715 fixed or movable; swinging or sliding glass doors attached to
716 existing walls, floors, columns, or other structural members of
717 the building; glass holding or supporting mullions or horizontal
718 bars; structurally anchored impact-resistant opening protection
719 attached to existing building walls, floors, columns, or other
720 structural members of the building; prefabricated glass, metal,
721 or plastic curtain walls; storefront frames or panels; shower
722 and tub enclosures; metal fascias; and caulking incidental to
723 such work and assembly.
724 (r)(q) “Specialty contractor” means a contractor whose
725 scope of work and responsibility is limited to a particular
726 phase of construction established in a category adopted by board
727 rule and whose scope is limited to a subset of the activities
728 described in one of the paragraphs of this subsection.
729 Section 15. Paragraphs (b) and (c) of subsection (4) of
730 section 489.107, Florida Statutes, are amended to read:
731 489.107 Construction Industry Licensing Board.—
732 (4) The board shall be divided into two divisions, Division
733 I and Division II.
734 (b) Division II is comprised of the roofing contractor,
735 sheet metal contractor, air-conditioning contractor, mechanical
736 contractor, pool contractor, plumbing contractor, and
737 underground utility and excavation contractor members of the
738 board; one of the members appointed pursuant to paragraph
739 (2)(j); and one of the members appointed pursuant to paragraph
740 (2)(k). Division II has jurisdiction over the regulation of
741 contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
742 (c) Jurisdiction for the regulation of specialty
743 contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
744 with the division having jurisdiction over the scope of work of
745 the specialty contractor as defined by board rule.
746 Section 16. Paragraph (g) of subsection (2) of section
747 489.141, Florida Statutes, is amended to read:
748 489.141 Conditions for recovery; eligibility.—
749 (2) A claimant is not qualified to make a claim for
750 recovery from the recovery fund, if:
751 (g) The claimant has contracted with a licensee to perform
752 a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)
753 (q).
754 Section 17. Subsection (1) of section 514.028, Florida
755 Statutes, is amended to read:
756 514.028 Advisory review board.—
757 (1) The Governor shall appoint an advisory review board
758 which shall meet as necessary or at least quarterly, to
759 recommend agency action on variance request, rule and policy
760 development, and other technical review problems. The board
761 shall be comprised of the following:
762 (a) A representative from the office of licensure and
763 certification of the department.
764 (b) A representative from the county health departments.
765 (c) Three representatives from the swimming pool
766 construction industry.
767 (d) A representative Two representatives from the public
768 lodging industry.
769 (e) A representative from a county or local building
770 department.
771 Section 18. Subsection (3) of section 527.06, Florida
772 Statutes, is amended to read:
773 527.06 Rules.—
774 (3)(a) Rules in substantial conformity with the published
775 standards of the National Fire Protection Association (NFPA) are
776 shall be deemed to be in substantial conformity with the
777 generally accepted standards of safety concerning the same
778 subject matter.
779 (b) Notwithstanding any other law, the department or other
780 state agency may not require compliance with the minimum
781 separation distances of NFPA 58 for separation between a
782 liquefied petroleum gas tank and a building, adjoining property
783 line, other liquefied petroleum gas tank, or any source of
784 ignition, except in compliance with the minimum separation
785 distances of the 2011 edition of NFPA 58.
786 (c) If the department, the Florida Building Commission as
787 part of the Florida Building Code, and the Office of the State
788 Fire Marshal as part of the Florida Fire Prevention Code each
789 adopt the minimum separation distances of the 2011 edition of
790 NFPA 58 as rules, whether adopted by setting out the minimum
791 separation distances in the text of the rules or through
792 incorporation by reference, this subsection is repealed on the
793 last effective date of such rules.
794 Section 19. Subsection (11) of section 527.21, Florida
795 Statutes, is amended to read:
796 527.21 Definitions relating to Florida Propane Gas
797 Education, Safety, and Research Act.—As used in ss. 527.20
798 527.23, the term:
799 (11) “Propane” includes propane, butane, mixtures, and
800 liquefied petroleum gas as defined by the National Fire
801 Protection Association (NFPA) Standard 58, For The Storage and
802 Handling of Liquefied Petroleum Gas Code Gases.
803 Section 20. Section 553.502, Florida Statutes, is amended
804 to read:
805 553.502 Intent.—The purpose and intent of this part ss.
806 553.501-553.513 is to incorporate into the law of this state the
807 accessibility requirements of the Americans with Disabilities
808 Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101
809 et seq., and to obtain and maintain United States Department of
810 Justice certification of the Florida Accessibility Code for
811 Building Construction as equivalent to federal standards for
812 accessibility of buildings, structures, and facilities. All
813 state laws, rules, standards, and codes governing facilities
814 covered by the Americans with Disabilities Act Standards for
815 Accessible Design guidelines shall be maintained to assure
816 certification of the state’s construction standards and codes.
817 This part Nothing in ss. 553.501-553.513 is not intended to
818 expand or diminish the defenses available to a place of public
819 accommodation or a commercial facility under the Americans with
820 Disabilities Act and the standards federal Americans with
821 Disabilities Act Accessibility Guidelines, including, but not
822 limited to, the readily achievable standard, and the standards
823 applicable to alterations to private buildings or facilities as
824 defined by the standards places of public accommodation.
825 Section 21. Section 553.503, Florida Statutes, is amended
826 to read:
827 553.503 Adoption of federal standards guidelines.—Subject
828 to modifications under this part the exceptions in s. 553.504,
829 the federal Americans with Disabilities Act Standards for
830 Accessible Design Accessibility Guidelines, and related
831 regulations provided as adopted by reference in 28 C.F.R., parts
832 35 and part 36, and 49 C.F.R. part 37 subparts A and D, and
833 Title II of Pub. L. No. 101-336, are hereby adopted and
834 incorporated by reference as the law of this state and shall be
835 incorporated into. The guidelines shall establish the minimum
836 standards for the accessibility of buildings and facilities
837 built or altered within this state. the 1997 Florida
838 Accessibility Code for Building Construction and must be adopted
839 by the Florida Building Commission in accordance with chapter
840 120.
841 Section 22. Section 553.504, Florida Statutes, is amended
842 to read:
843 553.504 Exceptions to applicability of the federal
844 standards guidelines.—Notwithstanding the adoption of the
845 Americans with Disabilities Act Standards for Accessible Design
846 pursuant to Accessibility Guidelines in s. 553.503, all
847 buildings, structures, and facilities in this state must shall
848 meet the following additional requirements if such requirements
849 when they provide increased accessibility:
850 (1) All new or altered public buildings and facilities,
851 private buildings and facilities, places of public
852 accommodation, and commercial facilities, as those terms are
853 defined by the standards, subject to this part ss. 553.501
854 553.513 which may be frequented in, lived in, or worked in by
855 the public must shall comply with this part ss. 553.501-553.513.
856 (2) All new single-family houses, duplexes, triplexes,
857 condominiums, and townhouses shall provide at least one
858 bathroom, located with maximum possible privacy, where bathrooms
859 are provided on habitable grade levels, with a door that has a
860 29-inch clear opening. However, if only a toilet room is
861 provided at grade level, such toilet room must shall have a
862 clear opening of at least not less than 29 inches.
863 (3) All required doors and walk-through openings in
864 buildings excluding single-family homes, duplexes, and triplexes
865 not covered by the Americans with Disabilities Act of 1990 or
866 the Fair Housing Act shall have at least 29 inches of clear
867 width except under ss. 553.501-553.513.
868 (4) In addition to the requirements in reference 4.8.4 of
869 the guidelines, all landings on ramps shall be not less than 60
870 inches clear, and the bottom of each ramp shall have not less
871 than 72 inches of straight and level clearance.
872 (5) All curb ramps shall be designed and constructed in
873 accordance with the following requirements:
874 (a) Notwithstanding the requirements of reference 4.8.5.2
875 of the guidelines, handrails on ramps which are not continuous
876 shall extend not less than 18 inches beyond the sloped segment
877 at both the top and bottom, and shall be parallel to the floor
878 or ground surface.
879 (b) Notwithstanding the requirements of references 4.3.3
880 and 4.8.3 of the guidelines, curb ramps that are part of a
881 required means of egress shall be not less than 44 inches wide.
882 (c) Notwithstanding the requirements of reference 4.7.5 of
883 the guidelines, curb ramps located where pedestrians must use
884 them and all curb ramps which are not protected by handrails or
885 guardrails shall have flared sides with a slope not exceeding a
886 ratio of 1 to 12.
887 (3)(6) Notwithstanding the requirements in s. 404.2.9
888 reference 4.13.11 of the standards guidelines, exterior hinged
889 doors must shall be so designed so that such doors can be pushed
890 or pulled open with a force not exceeding 8.5 foot pounds.
891 (7) Notwithstanding the requirements in reference 4.33.1 of
892 the guidelines, all public food service establishments, all
893 establishments licensed under the Beverage Law for consumption
894 on the premises, and all facilities governed by reference 4.1 of
895 the guidelines shall provide seating or spaces for seating in
896 accordance with the following requirements:
897 (a) For the first 100 fixed seats, accessible and usable
898 spaces must be provided consistent with the following table:
899 Capacity of SeatingIn Assembly AreasNumber of RequiredWheelchair Locations
900 1 to 25 1
901 26 to 50 2
902 51 to 100 4
903 (b) For all remaining fixed seats, there shall be not less
904 than one such accessible and usable space for each 100 fixed
905 seats or fraction thereof.
906 (8) Notwithstanding the requirements in references 4.32.1
907 4.32.4 of the guidelines, all fixed seating in public food
908 service establishments, in establishments licensed under the
909 Beverage Law for consumption on the premises, and in all other
910 facilities governed by reference 4.1 of the guidelines shall be
911 designed and constructed in accordance with the following
912 requirements:
913 (a) All aisles adjacent to fixed seating shall provide
914 clear space for wheelchairs.
915 (b) Where there are open positions along both sides of such
916 aisles, the aisles shall be not less than 52 inches wide.
917 (4)(9) In motels and hotels a number of rooms equaling at
918 least 5 percent of the guest rooms minus the number of
919 accessible rooms required by the standards must guidelines shall
920 provide the following special accessibility features:
921 (a) Grab rails in bathrooms and toilet rooms that comply
922 with s. 604.5 4.16.4 of the standards guidelines.
923 (b) All beds in designed accessible guest rooms must shall
924 be an open-frame type that allows the to permit passage of lift
925 devices.
926 (c) Water closets that comply with section 604.4 of the
927 standards. All standard water closet seats shall be at a height
928 of 15 inches, measured vertically from the finished floor to the
929 top of the seat, with a variation of plus or minus 1/2 inch. A
930 portable or attached raised toilet seat shall be provided in all
931 designated handicapped accessible rooms.
932
933 All buildings, structures, or facilities licensed as a hotel,
934 motel, or condominium pursuant to chapter 509 are shall be
935 subject to the provisions of this subsection. This subsection
936 does not relieve Nothing in this subsection shall be construed
937 as relieving the owner of the responsibility of providing
938 accessible rooms in conformance with ss. 224 and 806 of the
939 standards 9.1-9.5 of the guidelines.
940 (10) Notwithstanding the requirements in reference 4.29.2
941 of the guidelines, all detectable warning surfaces required by
942 the guidelines shall be governed by the requirements of American
943 National Standards Institute A117.1-1986.
944 (11) Notwithstanding the requirements in references 4.31.2
945 and 4.31.3 of the guidelines, the installation and placement of
946 all public telephones shall be governed by the rules of the
947 Florida Public Service Commission.
948 (5)(12) Notwithstanding ss. 213 and 604 of the standards
949 the requirements in references 4.1.3(11) and 4.16-4.23 of the
950 guidelines, required bathing rooms restrooms and toilet rooms in
951 new construction shall be designed and constructed in accordance
952 with the following requirements:
953 (a) The wheelchair-accessible standard accessible toilet
954 compartment must restroom stall shall contain an accessible
955 lavatory within it, which must be at least the size of such
956 lavatory to be not less than 19 inches wide by 17 inches deep,
957 nominal size, and wall-mounted. The lavatory shall be mounted so
958 as not to overlap the clear floor space areas required by s. 604
959 of the standards 4.17 figure 30(a) of the guidelines for the
960 wheelchair-accessible standard accessible toilet compartment
961 stall and must to comply with s. 606 of the standards 4.19 of
962 the guidelines. Such lavatories shall be counted as part of the
963 required fixture count for the building.
964 (b) The accessible water closet within the wheelchair
965 accessible toilet compartment must shall be located in the
966 corner, diagonal to the door.
967 (c) The accessible stall door shall be self-closing.
968 (13) All customer checkout aisles not required by the
969 guidelines to be handicapped accessible shall have at least 32
970 inches of clear passage.
971 (14) Turnstiles shall not be used in occupancies which
972 serve fewer than 100 persons, but turnstiles may be used in
973 occupancies which serve at least 100 persons if there is an
974 unlocked alternate passageway on an accessible route affording
975 not less than 32 inches of clearance, equipped with latching
976 devices in accordance with the guidelines.
977 (6)(15) Barriers at common or emergency entrances and exits
978 of business establishments conducting business with the general
979 public that are existing, under construction, or under contract
980 for construction which would prevent a person from using such
981 entrances or exits must shall be removed.
982 Section 23. Section 553.5041, Florida Statutes, is amended
983 to read:
984 553.5041 Parking spaces for persons who have disabilities.—
985 (1) This section is not intended to expand or diminish the
986 defenses available to a place of public accommodation under the
987 Americans with Disabilities Act and the federal Americans with
988 Disabilities Act Standards for Accessible Design Accessibility
989 Guidelines, including, but not limited to, the readily
990 achievable standard, and the standards applicable to alterations
991 to places of public accommodation and commercial facilities.
992 Subject to the exceptions described in subsections (2), (4),
993 (5), and (6), if when the parking and loading zone requirements
994 of the federal standards and related regulations Americans with
995 Disabilities Act Accessibility Guidelines (ADAAG), as adopted by
996 reference in 28 C.F.R. part 36, subparts A and D, and Title II
997 of Pub. L. No. 101-336, provide increased accessibility, those
998 requirements are adopted and incorporated by reference as the
999 law of this state.
1000 (2) State agencies and political subdivisions having
1001 jurisdiction over street parking or publicly owned or operated
1002 parking facilities are not required to provide a greater right
1003 of-way width than would otherwise be planned under regulations,
1004 guidelines, or practices normally applied to new development.
1005 (3) Designated accessible If parking spaces are provided
1006 for self-parking by employees or visitors, or both, accessible
1007 spaces shall be provided in each such parking area. Such spaces
1008 shall be designed and marked for the exclusive use of those
1009 individuals who have a severe physical disability and have
1010 permanent or temporary mobility problems that substantially
1011 impair their ability to ambulate and who have been issued either
1012 a disabled parking permit under s. 316.1958 or s. 320.0848 or a
1013 license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.
1014 320.0845.
1015 (4) The number of accessible parking spaces must comply
1016 with the parking requirements in ADAAG s. 208 of the standards
1017 4.1 and the following:
1018 (a) There must be one accessible parking space in the
1019 immediate vicinity of a publicly owned or leased building that
1020 houses a governmental entity or a political subdivision,
1021 including, but not limited to, state office buildings and
1022 courthouses, if no parking for the public is not provided on the
1023 premises of the building.
1024 (b) There must be one accessible parking space for each 150
1025 metered on-street parking spaces provided by state agencies and
1026 political subdivisions.
1027 (c) The number of parking spaces for persons who have
1028 disabilities must be increased on the basis of demonstrated and
1029 documented need.
1030 (5) Accessible perpendicular and diagonal accessible
1031 parking spaces and loading zones must be designed and located to
1032 conform to in conformance with the guidelines set forth in ADAAG
1033 ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.
1034 A4.6.3 “Universal Parking Design.”
1035 (a) All spaces must be located on an accessible route that
1036 is at least no less than 44 inches wide so that users are will
1037 not be compelled to walk or wheel behind parked vehicles except
1038 behind his or her own vehicle.
1039 (b) Each space must be located on the shortest safely
1040 accessible route from the parking space to an accessible
1041 entrance. If there are multiple entrances or multiple retail
1042 stores, the parking spaces must be dispersed to provide parking
1043 at the nearest accessible entrance. If a theme park or an
1044 entertainment complex as defined in s. 509.013(9) provides
1045 parking in several lots or areas from which access to the theme
1046 park or entertainment complex is provided, a single lot or area
1047 may be designated for parking by persons who have disabilities,
1048 if the lot or area is located on the shortest safely accessible
1049 route to an accessible entrance to the theme park or
1050 entertainment complex or to transportation to such an accessible
1051 entrance.
1052 (c)1. Each parking space must be at least no less than 12
1053 feet wide. Parking access aisles must be at least no less than 5
1054 feet wide and must be part of an accessible route to the
1055 building or facility entrance. In accordance with ADAAG s.
1056 4.6.3, access aisles must be placed adjacent to accessible
1057 parking spaces; however, two accessible parking spaces may share
1058 a common access aisle. The access aisle must be striped
1059 diagonally to designate it as a no-parking zone.
1060 2. The parking access aisles are reserved for the temporary
1061 exclusive use of persons who have disabled parking permits and
1062 who require extra space to deploy a mobility device, lift, or
1063 ramp in order to exit from or enter a vehicle. Parking is not
1064 allowed in an access aisle. Violators are subject to the same
1065 penalties that are imposed for illegally parking in parking
1066 spaces that are designated for persons who have disabilities. A
1067 vehicle may not be parked in an access aisle, even if the
1068 vehicle owner or passenger is disabled or owns a disabled
1069 parking permit.
1070 3. Notwithstanding any other provision of this subsection
1071 to the contrary notwithstanding, a theme park or an
1072 entertainment complex as defined in s. 509.013(9) in which are
1073 provided continuous attendant services are provided for
1074 directing individuals to marked accessible parking spaces or
1075 designated lots for parking by persons who have disabilities,
1076 may, in lieu of the required parking space design, provide
1077 parking spaces that comply with ADAAG ss. 208 and 502 of the
1078 standards 4.1 and 4.6.
1079 (d) On-street parallel parking spaces must be located
1080 either at the beginning or end of a block or adjacent to alley
1081 entrances. Such spaces must be designed to conform to in
1082 conformance with the guidelines set forth in ADAAG ss. 208 and
1083 502 of the standards, except that 4.6.2 through 4.6.5,
1084 exception: access aisles are not required. Curbs adjacent to
1085 such spaces must be of a height that does will not interfere
1086 with the opening and closing of motor vehicle doors. This
1087 subsection does not relieve the owner of the responsibility to
1088 comply with the parking requirements of ADAAG ss. 208 and 502 of
1089 the standards 4.1 and 4.6.
1090 (e) Parallel parking spaces must be even with surface
1091 slopes, may match the grade of the adjacent travel lane, and
1092 must not exceed a cross slope of 1 to 50, where feasible.
1093 (f) Curb ramps must be located outside of the disabled
1094 parking spaces and access aisles.
1095 (e)(g)1. The removal of architectural barriers from a
1096 parking facility in accordance with 28 C.F.R. s. 36.304 or with
1097 s. 553.508 must comply with this section unless compliance would
1098 cause the barrier removal not to be readily achievable. If
1099 compliance would cause the barrier removal not to be readily
1100 achievable, a facility may provide parking spaces at alternative
1101 locations for persons who have disabilities and provide
1102 appropriate signage directing such persons who have disabilities
1103 to the alternative parking if readily achievable. The facility
1104 may not reduce the required number or dimensions of those spaces
1105 or, nor may it unreasonably increase the length of the
1106 accessible route from a parking space to the facility. The
1107 removal of an architectural barrier must not create a
1108 significant risk to the health or safety of a person who has a
1109 disability or to that of others.
1110 2. A facility that is making alterations under s.
1111 553.507(2)(b) must comply with this section to the maximum
1112 extent feasible. If compliance with parking location
1113 requirements is not feasible, the facility may provide parking
1114 spaces at alternative locations for persons who have
1115 disabilities and provide appropriate signage directing such
1116 persons who have a disability to alternative parking. The
1117 facility may not reduce the required number or dimensions of
1118 those spaces, or nor may it unnecessarily increase the length of
1119 the accessible route from a parking space to the facility. The
1120 alteration must not create a significant risk to the health or
1121 safety of a person who has a disability or to that of others.
1122 (6) Each such parking space must be striped in a manner
1123 that is consistent with the standards of the controlling
1124 jurisdiction for other spaces and prominently outlined with blue
1125 paint, and must be repainted when necessary, to be clearly
1126 distinguishable as a parking space designated for persons who
1127 have disabilities. The space and must be posted with a permanent
1128 above-grade sign of a color and design approved by the
1129 Department of Transportation, which is placed on or at least 60
1130 inches above the finished floor or ground surface measured to
1131 the bottom of the sign a distance of 84 inches above the ground
1132 to the bottom of the sign and which bears the international
1133 symbol of accessibility meeting the requirements of ADAAG s.
1134 703.7.2.1 of the standards 4.30.7 and the caption “PARKING BY
1135 DISABLED PERMIT ONLY.” Such a sign erected after October 1,
1136 1996, must indicate the penalty for illegal use of the space.
1137 Notwithstanding any other provision of this section to the
1138 contrary notwithstanding, in a theme park or an entertainment
1139 complex as defined in s. 509.013(9) in which accessible parking
1140 is located in designated lots or areas, the signage indicating
1141 the lot as reserved for accessible parking may be located at the
1142 entrances to the lot in lieu of a sign at each parking place.
1143 This subsection does not relieve the owner of the responsibility
1144 of complying with the signage requirements of ADAAG s. 502.6 of
1145 the standards 4.30.
1146 Section 24. Section 553.505, Florida Statutes, is amended
1147 to read:
1148 553.505 Exceptions to applicability of the Americans with
1149 Disabilities Act.—Notwithstanding the Americans with
1150 Disabilities Act of 1990, private clubs are governed by this
1151 part ss. 553.501-553.513. Parking spaces, parking lots, and
1152 other parking facilities are governed by s. 553.5041 when that
1153 section provides increased accessibility.
1154 Section 25. Section 553.506, Florida Statutes, is amended
1155 to read:
1156 553.506 Powers of the commission.—In addition to any other
1157 authority vested in the Florida Building Commission by law, the
1158 commission, in implementing this part ss. 553.501-553.513, may,
1159 by rule, adopt revised and updated versions of the Americans
1160 with Disabilities Act Standards for Accessible Design
1161 Accessibility Guidelines in accordance with chapter 120.
1162 Section 26. Section 553.507, Florida Statutes, is amended
1163 to read:
1164 553.507 Applicability Exemptions.—This part applies to
1165 Sections 553.501-553.513 do not apply to any of the following:
1166 (1) All areas of newly designed and newly constructed
1167 buildings and facilities as determined by the federal standards
1168 established and adopted pursuant to s. 553.503. Buildings,
1169 structures, or facilities that were either under construction or
1170 under contract for construction on October 1, 1997.
1171 (2) Portions of altered buildings and facilities as
1172 determined by the federal standards established and adopted
1173 pursuant to s. 553.503. Buildings, structures, or facilities
1174 that were in existence on October 1, 1997, unless:
1175 (a) The building, structure, or facility is being converted
1176 from residential to nonresidential or mixed use, as defined by
1177 local law;
1178 (b) The proposed alteration or renovation of the building,
1179 structure, or facility will affect usability or accessibility to
1180 a degree that invokes the requirements of s. 303(a) of the
1181 Americans with Disabilities Act of 1990; or
1182 (c) The original construction or any former alteration or
1183 renovation of the building, structure, or facility was carried
1184 out in violation of applicable permitting law.
1185 (3) A building or facility that is being converted from
1186 residential to nonresidential or mixed use as defined by the
1187 Florida Building Code. Such building or facility must, at a
1188 minimum, comply with s. 553.508 and the requirements for
1189 alternations as determined by the federal standards established
1190 and adopted pursuant to s. 553.503.
1191 (4) Buildings and facilities where the original
1192 construction or any former alternation or renovation was carried
1193 out in violation of applicable permitting law.
1194 Section 27. Section 553.509, Florida Statutes, is amended
1195 to read:
1196 553.509 Vertical accessibility.—
1197 (1) This part and the Americans with Disabilities Act
1198 Standards for Accessible Design do not Nothing in ss. 553.501
1199 553.513 or the guidelines shall be construed to relieve the
1200 owner of any building, structure, or facility governed by this
1201 part those sections from the duty to provide vertical
1202 accessibility to all levels above and below the occupiable grade
1203 level, regardless of whether the standards guidelines require an
1204 elevator to be installed in such building, structure, or
1205 facility, except for:
1206 (a) Elevator pits, elevator penthouses, mechanical rooms,
1207 piping or equipment catwalks, and automobile lubrication and
1208 maintenance pits and platforms.;
1209 (b) Unoccupiable spaces, such as rooms, enclosed spaces,
1210 and storage spaces that are not designed for human occupancy,
1211 for public accommodations, or for work areas.; and
1212 (c) Occupiable spaces and rooms that are not open to the
1213 public and that house no more than five persons, including, but
1214 not limited to, equipment control rooms and projection booths.
1215 (d) Theaters, concert halls, and stadiums, or other large
1216 assembly areas that have stadium-style seating or tiered seating
1217 if ss. 221 and 802 of the standards are met.
1218 (e) All play and recreation areas if the requirements of
1219 chapter 10 of the standards are met.
1220 (f) All employee areas as exempted in s. 203.9 of the
1221 standards.
1222 (g) Facilities, sites, and spaces exempted by s. 203 of the
1223 standards.
1224 (2)(a) Any person, firm, or corporation that owns, manages,
1225 or operates a residential multifamily dwelling, including a
1226 condominium, that is at least 75 feet high and contains a public
1227 elevator, as described in s. 399.035(2) and (3) and rules
1228 adopted by the Florida Building Commission, shall have at least
1229 one public elevator that is capable of operating on an alternate
1230 power source for emergency purposes. Alternate power shall be
1231 available for the purpose of allowing all residents access for a
1232 specified number of hours each day over a 5-day period following
1233 a natural disaster, manmade disaster, emergency, or other civil
1234 disturbance that disrupts the normal supply of electricity. The
1235 alternate power source that controls elevator operations must
1236 also be capable of powering any connected fire alarm system in
1237 the building.
1238 (b) At a minimum, the elevator must be appropriately
1239 prewired and prepared to accept an alternate power source and
1240 must have a connection on the line side of the main disconnect,
1241 pursuant to National Electric Code Handbook, Article 700. In
1242 addition to the required power source for the elevator and
1243 connected fire alarm system in the building, the alternate power
1244 supply must be sufficient to provide emergency lighting to the
1245 interior lobbies, hallways, and other portions of the building
1246 used by the public. Residential multifamily dwellings must have
1247 an available generator and fuel source on the property or have
1248 proof of a current contract posted in the elevator machine room
1249 or other place conspicuous to the elevator inspector affirming a
1250 current guaranteed service contract for such equipment and fuel
1251 source to operate the elevator on an on-call basis within 24
1252 hours after a request. By December 31, 2006, any person, firm or
1253 corporation that owns, manages, or operates a residential
1254 multifamily dwelling as defined in paragraph (a) must provide to
1255 the local building inspection agency verification of engineering
1256 plans for residential multifamily dwellings that provide for the
1257 capability to generate power by alternate means. Compliance with
1258 installation requirements and operational capability
1259 requirements must be verified by local building inspectors and
1260 reported to the county emergency management agency by December
1261 31, 2007.
1262 (c) Each newly constructed residential multifamily
1263 dwelling, including a condominium, that is at least 75 feet high
1264 and contains a public elevator, as described in s. 399.035(2)
1265 and (3) and rules adopted by the Florida Building Commission,
1266 must have at least one public elevator that is capable of
1267 operating on an alternate power source for the purpose of
1268 allowing all residents access for a specified number of hours
1269 each day over a 5-day period following a natural disaster,
1270 manmade disaster, emergency, or other civil disturbance that
1271 disrupts the normal supply of electricity. The alternate power
1272 source that controls elevator operations must be capable of
1273 powering any connected fire alarm system in the building. In
1274 addition to the required power source for the elevator and
1275 connected fire alarm system, the alternate power supply must be
1276 sufficient to provide emergency lighting to the interior
1277 lobbies, hallways, and other portions of the building used by
1278 the public. Engineering plans and verification of operational
1279 capability must be provided by the local building inspector to
1280 the county emergency management agency before occupancy of the
1281 newly constructed building.
1282 (d) Each person, firm, or corporation that is required to
1283 maintain an alternate power source under this subsection shall
1284 maintain a written emergency operations plan that details the
1285 sequence of operations before, during, and after a natural or
1286 manmade disaster or other emergency situation. The plan must
1287 include, at a minimum, a lifesafety plan for evacuation,
1288 maintenance of the electrical and lighting supply, and
1289 provisions for the health, safety, and welfare of the residents.
1290 In addition, the owner, manager, or operator of the residential
1291 multifamily dwelling must keep written records of any contracts
1292 for alternative power generation equipment. Also, quarterly
1293 inspection records of lifesafety equipment and alternate power
1294 generation equipment must be posted in the elevator machine room
1295 or other place conspicuous to the elevator inspector, which
1296 confirm that such equipment is properly maintained and in good
1297 working condition, and copies of contracts for alternate power
1298 generation equipment shall be maintained on site for
1299 verification. The written emergency operations plan and
1300 inspection records shall also be open for periodic inspection by
1301 local and state government agencies as deemed necessary. The
1302 owner or operator must keep a generator key in a lockbox posted
1303 at or near any installed generator unit.
1304 (e) Multistory affordable residential dwellings for persons
1305 age 62 and older that are financed or insured by the United
1306 States Department of Housing and Urban Development must make
1307 every effort to obtain grant funding from the Federal Government
1308 or the Florida Housing Finance Corporation to comply with this
1309 subsection. If an owner of such a residential dwelling cannot
1310 comply with the requirements of this subsection, the owner must
1311 develop a plan with the local emergency management agency to
1312 ensure that residents are evacuated to a place of safety in the
1313 event of a power outage resulting from a natural or manmade
1314 disaster or other emergency situation that disrupts the normal
1315 supply of electricity for an extended period of time. A place of
1316 safety may include, but is not limited to, relocation to an
1317 alternative site within the building or evacuation to a local
1318 shelter.
1319 (f) As a part of the annual elevator inspection required
1320 under s. 399.061, certified elevator inspectors shall confirm
1321 that all installed generators required by this chapter are in
1322 working order, have current inspection records posted in the
1323 elevator machine room or other place conspicuous to the elevator
1324 inspector, and that the required generator key is present in the
1325 lockbox posted at or near the installed generator. If a building
1326 does not have an installed generator, the inspector shall
1327 confirm that the appropriate prewiring and switching
1328 capabilities are present and that a statement is posted in the
1329 elevator machine room or other place conspicuous to the elevator
1330 inspector affirming a current guaranteed contract exists for
1331 contingent services for alternate power is current for the
1332 operating period.
1333 (2) However, buildings, structures, and facilities must, as
1334 a minimum, comply with the requirements in the Americans with
1335 Disabilities Act Standards for Accessible Design Accessibility
1336 Guidelines.
1337 Section 28. Consistent with the federal implementation of
1338 the 2010 Americans with Disabilities Act Standards for
1339 Accessible Design, buildings and facilities in this state may be
1340 designed in conformity with the 2010 standards if the design
1341 also complies with Florida-specific requirements provided in
1342 part II of chapter 553, Florida Statutes, until the Florida
1343 Accessibility Code for Building Construction is updated to
1344 implement the changes to part II of chapter 553, Florida
1345 Statutes, as provided by this Act.
1346 Section 29. Effective January 1, 2012, subsections (3),
1347 (7), (8), and (9) and paragraph (h) of subsection (10) of
1348 section 553.73, Florida Statutes, are amended to read:
1349 553.73 Florida Building Code.—
1350 (3) The commission shall use the International Codes
1351 published by the International Code Council, the National
1352 Electric Code (NFPA 70), or other nationally adopted model codes
1353 and standards needed to develop the state base code in order
1354 select from available national or international model building
1355 codes, or other available building codes and standards currently
1356 recognized by the laws of this state, to form the foundation for
1357 the Florida Building Code. The commission may modify the
1358 selected model codes and standards as needed to accommodate the
1359 specific needs of this state. Standards or criteria referenced
1360 by the selected model codes shall be similarly incorporated by
1361 reference. If a referenced standard or criterion requires
1362 amplification or modification to be appropriate for use in this
1363 state, only the amplification or modification shall be
1364 specifically set forth in the Florida Building Code. The Florida
1365 Building Commission may approve technical amendments to the
1366 code, subject to the requirements of subsections (8) and (9),
1367 after the amendments have been subject to the following
1368 conditions:
1369 (a) The proposed amendment has been published on the
1370 commission’s website for a minimum of 45 days and all the
1371 associated documentation has been made available to any
1372 interested party before any consideration by a any technical
1373 advisory committee;
1374 (b) In order for a technical advisory committee to make a
1375 favorable recommendation to the commission, the proposal must
1376 receive a three-fourths vote of the members present at the
1377 Technical Advisory committee meeting and at least half of the
1378 regular members must be present in order to conduct a meeting;
1379 (c) After technical advisory committee consideration and a
1380 recommendation for approval of any proposed amendment, the
1381 proposal must be published on the commission’s website for at
1382 least not less than 45 days before any consideration by the
1383 commission; and
1384 (d) A Any proposal may be modified by the commission based
1385 on public testimony and evidence from a public hearing held in
1386 accordance with chapter 120.
1387
1388 The commission shall incorporate within sections of the Florida
1389 Building Code provisions that which address regional and local
1390 concerns and variations. The commission shall make every effort
1391 to minimize conflicts between the Florida Building Code, the
1392 Florida Fire Prevention Code, and the Life Safety Code.
1393 (7)(a) The commission, by rule adopted pursuant to ss.
1394 120.536(1) and 120.54, shall update the Florida Building Code by
1395 rule every 3 years. When updating the Florida Building Code, the
1396 commission shall select the most current version of the
1397 International Building Code, the International Fuel Gas Code,
1398 the International Mechanical Code, the International Plumbing
1399 Code, and the International Residential Code, all of which are
1400 adopted by the International Code Council, and the National
1401 Electrical Code, which is adopted by the National Fire
1402 Protection Association, to form the foundation codes of the
1403 updated Florida Building Code, if the version has been adopted
1404 by the applicable model code entity. The commission shall select
1405 the most current version of the International Energy
1406 Conservation Code (IECC) as a foundation code; however, the IECC
1407 must shall be modified by the commission to maintain the
1408 efficiencies of the Florida Energy Efficiency Code for Building
1409 Construction adopted and amended pursuant to s. 553.901.
1410 (b) Codes regarding noise contour lines shall be reviewed
1411 annually, and the most current federal guidelines shall be
1412 adopted.
1413 (c) The commission may modify any portion of the foundation
1414 codes only as needed to accommodate the specific needs of this
1415 state, maintaining Florida-specific amendments previously
1416 adopted by the commission and not addressed by the updated
1417 foundation code. Standards or criteria referenced by the codes
1418 shall be incorporated by reference. If a referenced standard or
1419 criterion requires amplification or modification to be
1420 appropriate for use in this state, only the amplification or
1421 modification shall be set forth in the Florida Building Code.
1422 The commission may approve technical amendments to the updated
1423 Florida Building Code after the amendments have been subject to
1424 the conditions set forth in paragraphs (3)(a)-(d). Amendments to
1425 the foundation codes which are adopted in accordance with this
1426 subsection must shall be clearly marked in printed versions of
1427 the Florida Building Code so that the fact that the provisions
1428 are Florida-specific amendments to the foundation codes are is
1429 readily apparent.
1430 (d) The commission shall further consider the commission’s
1431 own interpretations, declaratory statements, appellate
1432 decisions, and approved statewide and local technical amendments
1433 and shall incorporate such interpretations, statements,
1434 decisions, and amendments into the updated Florida Building Code
1435 only to the extent that they are needed to modify the foundation
1436 codes to accommodate the specific needs of the state. A change
1437 made by an institute or standards organization to any standard
1438 or criterion that is adopted by reference in the Florida
1439 Building Code does not become effective statewide until it has
1440 been adopted by the commission. Furthermore, the edition of the
1441 Florida Building Code which is in effect on the date of
1442 application for any permit authorized by the code governs the
1443 permitted work for the life of the permit and any extension
1444 granted to the permit.
1445 (e) A rule updating the Florida Building Code in accordance
1446 with this subsection shall take effect no sooner than 6 months
1447 after publication of the updated code. Any amendment to the
1448 Florida Building Code which is adopted upon a finding by the
1449 commission that the amendment is necessary to protect the public
1450 from immediate threat of harm takes effect immediately.
1451 (f) Provisions of the foundation codes, including those
1452 contained in referenced standards and criteria, relating to wind
1453 resistance or the prevention of water intrusion may not be
1454 modified to diminish those construction requirements; however,
1455 the commission may, subject to conditions in this subsection,
1456 modify the provisions to enhance those construction
1457 requirements.
1458 (g) Amendments or modifications to the foundation code
1459 pursuant to this subsection remain effective only until the
1460 effective date of a new edition of the Florida Building Code
1461 available every third year. Modifications and amendments
1462 included in the Florida Building Code related to state agency
1463 regulations that have been adopted and integrated into the
1464 Florida Building Code shall be carried forward into the next
1465 edition of the code subject to modification as provided in this
1466 part. If amendments that expire pursuant to this paragraph are
1467 resubmitted through the Florida Building Commission code
1468 adoption process, the amendments must specifically address
1469 whether:
1470 1. The provisions contained in the proposed amendment are
1471 addressed in the applicable international code.
1472 2. The amendment demonstrates by evidence or data that the
1473 state’s geographical jurisdiction exhibits a need to strengthen
1474 the foundation code beyond the needs or regional variations
1475 addressed by the foundation code, and why the proposed amendment
1476 applies to this state.
1477 3. The proposed amendment was submitted or attempted to be
1478 included in the foundation codes to avoid resubmission to the
1479 Florida Building Code amendment process.
1480
1481 If the proposed amendment has been addressed in the applicable
1482 international code in a substantially equivalent manner, the
1483 Florida Building Commission may not include the proposed
1484 amendment in the foundation code.
1485 (8) Notwithstanding the provisions of subsection (3) or
1486 subsection (7), the commission may address issues identified in
1487 this subsection by amending the code pursuant only to the rule
1488 adoption procedures contained in chapter 120. Provisions of the
1489 Florida Building Code, including those contained in referenced
1490 standards and criteria, relating to wind resistance or the
1491 prevention of water intrusion may not be amended pursuant to
1492 this subsection to diminish those construction requirements;
1493 however, the commission may, subject to conditions in this
1494 subsection, amend the provisions to enhance those construction
1495 requirements. Following the approval of any amendments to the
1496 Florida Building Code by the commission and publication of the
1497 amendments on the commission’s website, authorities having
1498 jurisdiction to enforce the Florida Building Code may enforce
1499 the amendments. The commission may approve amendments that are
1500 needed to address:
1501 (a) Conflicts within the updated code;
1502 (b) Conflicts between the updated code and the Florida Fire
1503 Prevention Code adopted pursuant to chapter 633;
1504 (c) The omission of previously adopted Florida-specific
1505 amendments to the updated code if such omission is not supported
1506 by a specific recommendation of a technical advisory committee
1507 or particular action by the commission;
1508 (c)(d) Unintended results from the integration of
1509 previously adopted Florida-specific amendments with the model
1510 code;
1511 (d)(e) Equivalency of standards;
1512 (e)(f) Changes to or inconsistencies with federal or state
1513 law; or
1514 (f)(g) Adoption of an updated edition of the National
1515 Electrical Code if the commission finds that delay of
1516 implementing the updated edition causes undue hardship to
1517 stakeholders or otherwise threatens the public health, safety,
1518 and welfare.
1519 (9)(a) The commission may approve technical amendments to
1520 the Florida Building Code once each year for statewide or
1521 regional application upon a finding that the amendment:
1522 1. Is needed in order to accommodate the specific needs of
1523 this state.
1524 2. Has a reasonable and substantial connection with the
1525 health, safety, and welfare of the general public.
1526 3. Strengthens or improves the Florida Building Code, or in
1527 the case of innovation or new technology, will provide
1528 equivalent or better products or methods or systems of
1529 construction.
1530 4. Does not discriminate against materials, products,
1531 methods, or systems of construction of demonstrated
1532 capabilities.
1533 5. Does not degrade the effectiveness of the Florida
1534 Building Code.
1535
1536 Furthermore, The Florida Building Commission may approve
1537 technical amendments to the code once each year to incorporate
1538 into the Florida Building Code its own interpretations of the
1539 code which are embodied in its opinions, final orders,
1540 declaratory statements, and interpretations of hearing officer
1541 panels under s. 553.775(3)(c), but shall do so only to the
1542 extent that the incorporation of interpretations is needed to
1543 modify the foundation codes to accommodate the specific needs of
1544 this state. Amendments approved under this paragraph shall be
1545 adopted by rule pursuant to ss. 120.536(1) and 120.54, after the
1546 amendments have been subjected to the provisions of subsection
1547 (3).
1548 (b) A proposed amendment must shall include a fiscal impact
1549 statement that which documents the costs and benefits of the
1550 proposed amendment. Criteria for the fiscal impact statement
1551 shall be established by rule by the commission and shall include
1552 the impact to local government relative to enforcement, the
1553 impact to property and building owners, and the impact as well
1554 as to industry, relative to the cost of compliance. The
1555 amendment must demonstrate by evidence or data that the state’s
1556 geographical jurisdiction exhibits a need to strengthen the
1557 foundation code beyond the needs or regional variations
1558 addressed by the foundation code, and why the proposed amendment
1559 applies to this state.
1560 (c) The commission may not approve any proposed amendment
1561 that does not accurately and completely address all requirements
1562 for amendment which are set forth in this section. The
1563 commission shall require all proposed amendments and information
1564 submitted with proposed amendments to be reviewed by commission
1565 staff before prior to consideration by any technical advisory
1566 committee. These reviews shall be for sufficiency only and are
1567 not intended to be qualitative in nature. Staff members must
1568 shall reject any proposed amendment that fails to include a
1569 fiscal impact statement. Proposed amendments rejected by staff
1570 members of the staff may not be considered by the commission or
1571 any technical advisory committee.
1572 (d) Provisions of the Florida Building Code, including
1573 those contained in referenced standards and criteria, relating
1574 to wind resistance or the prevention of water intrusion may not
1575 be amended pursuant to this subsection to diminish those
1576 construction requirements; however, the commission may, subject
1577 to conditions in this subsection, amend the provisions to
1578 enhance those construction requirements.
1579 (10) The following buildings, structures, and facilities
1580 are exempt from the Florida Building Code as provided by law,
1581 and any further exemptions shall be as determined by the
1582 Legislature and provided by law:
1583 (h) Storage sheds that are not designed for human
1584 habitation and that have a floor area of 720 square feet or less
1585 are not required to comply with the mandatory wind-borne-debris
1586 impact standards of the Florida Building Code. Such buildings
1587 that are for use in conjunction with one- and two-family
1588 residences and are 400 square feet or less are also not subject
1589 to the door height and width requirements of the code.
1590
1591 With the exception of paragraphs (a), (b), (c), and (f), in
1592 order to preserve the health, safety, and welfare of the public,
1593 the Florida Building Commission may, by rule adopted pursuant to
1594 chapter 120, provide for exceptions to the broad categories of
1595 buildings exempted in this section, including exceptions for
1596 application of specific sections of the code or standards
1597 adopted therein. The Department of Agriculture and Consumer
1598 Services shall have exclusive authority to adopt by rule,
1599 pursuant to chapter 120, exceptions to nonresidential farm
1600 buildings exempted in paragraph (c) when reasonably necessary to
1601 preserve public health, safety, and welfare. The exceptions must
1602 be based upon specific criteria, such as under-roof floor area,
1603 aggregate electrical service capacity, HVAC system capacity, or
1604 other building requirements. Further, the commission may
1605 recommend to the Legislature additional categories of buildings,
1606 structures, or facilities which should be exempted from the
1607 Florida Building Code, to be provided by law. The Florida
1608 Building Code does not apply to temporary housing provided by
1609 the Department of Corrections to any prisoner in the state
1610 correctional system.
1611 Section 30. Paragraph (v) of subsection (1) of section
1612 553.74, Florida Statutes, is amended to read:
1613 553.74 Florida Building Commission.—
1614 (1) The Florida Building Commission is created and shall be
1615 located within the Department of Community Affairs for
1616 administrative purposes. Members shall be appointed by the
1617 Governor subject to confirmation by the Senate. The commission
1618 shall be composed of 25 members, consisting of the following:
1619 (v) One member who is a representative of the green
1620 building industry and who is a third-party commission agent, a
1621 Florida board member of the United States Green Building Council
1622 or Green Building Initiative, a professional who is accredited
1623 under the International Green Construction Code (IGCC), or a
1624 professional who is accredited under Leadership in Energy and
1625 Environmental Design (LEED) LEED-accredited professional.
1626
1627 Any person serving on the commission under paragraph (c) or
1628 paragraph (h) on October 1, 2003, and who has served less than
1629 two full terms is eligible for reappointment to the commission
1630 regardless of whether he or she meets the new qualification.
1631 Section 31. Subsection (5) of section 553.842, Florida
1632 Statutes, is amended to read:
1633 553.842 Product evaluation and approval.—
1634 (5) Statewide approval of products, methods, or systems of
1635 construction may be achieved by one of the following methods.
1636 One of these methods must be used by the commission to approve
1637 the following categories of products: panel walls, exterior
1638 doors, roofing, skylights, windows, shutters, and structural
1639 components as established by the commission by rule. A product
1640 may not be advertised, sold, offered, provided, distributed, or
1641 marketed as hurricane, wind storm, or impact protection from
1642 wind-borne debris from a hurricane or wind storm unless it is
1643 approved pursuant to s. 553.842 or s. 553.8425. Any person who
1644 advertises, sells, offers, provides, distributes, or markets a
1645 product as hurricane, windstorm, or impact protection from wind
1646 borne debris without such approval is subject to the Florida
1647 Deceptive and Unfair Trade Practices Act under part II of
1648 chapter 501 brought by the enforcing authority as defined in s.
1649 501.203.
1650 (a) Products for which the code establishes standardized
1651 testing or comparative or rational analysis methods shall be
1652 approved by submittal and validation of one of the following
1653 reports or listings indicating that the product or method or
1654 system of construction was evaluated to be in compliance with
1655 the Florida Building Code and that the product or method or
1656 system of construction is, for the purpose intended, at least
1657 equivalent to that required by the Florida Building Code:
1658 1. A certification mark or listing of an approved
1659 certification agency, which may be used only for products for
1660 which the code designates standardized testing;
1661 2. A test report from an approved testing laboratory;
1662 3. A product evaluation report based upon testing or
1663 comparative or rational analysis, or a combination thereof, from
1664 an approved product evaluation entity; or
1665 4. A product evaluation report based upon testing or
1666 comparative or rational analysis, or a combination thereof,
1667 developed and signed and sealed by a professional engineer or
1668 architect, licensed in this state.
1669
1670 A product evaluation report or a certification mark or listing
1671 of an approved certification agency which demonstrates that the
1672 product or method or system of construction complies with the
1673 Florida Building Code for the purpose intended is shall be
1674 equivalent to a test report and test procedure as referenced in
1675 the Florida Building Code. An application for state approval of
1676 a product under subparagraph 1. must be approved by the
1677 department after the commission staff or a designee verifies
1678 that the application and related documentation are complete.
1679 This verification must be completed within 10 business days
1680 after receipt of the application. Upon approval by the
1681 department, the product shall be immediately added to the list
1682 of state-approved products maintained under subsection (13).
1683 Approvals by the department shall be reviewed and ratified by
1684 the commission’s program oversight committee except for a
1685 showing of good cause that a review by the full commission is
1686 necessary. The commission shall adopt rules providing means to
1687 cure deficiencies identified within submittals for products
1688 approved under this paragraph.
1689 (b) Products, methods, or systems of construction for which
1690 there are no specific standardized testing or comparative or
1691 rational analysis methods established in the code may be
1692 approved by submittal and validation of one of the following:
1693 1. A product evaluation report based upon testing or
1694 comparative or rational analysis, or a combination thereof, from
1695 an approved product evaluation entity indicating that the
1696 product or method or system of construction was evaluated to be
1697 in compliance with the intent of the Florida Building Code and
1698 that the product or method or system of construction is, for the
1699 purpose intended, at least equivalent to that required by the
1700 Florida Building Code; or
1701 2. A product evaluation report based upon testing or
1702 comparative or rational analysis, or a combination thereof,
1703 developed and signed and sealed by a professional engineer or
1704 architect, licensed in this state, who certifies that the
1705 product or method or system of construction is, for the purpose
1706 intended, at least equivalent to that required by the Florida
1707 Building Code.
1708 Section 32. Section 553.9061, Florida Statutes, is
1709 repealed.
1710 Section 33. Subsections (3), (4), and (5) of section
1711 553.909, Florida Statutes, are amended to read:
1712 553.909 Setting requirements for appliances; exceptions.—
1713 (3) Commercial or residential swimming pool pumps or water
1714 heaters manufactured and sold on or after December 31, July 1,
1715 2011, for installation in this state must shall comply with the
1716 requirements of the Florida Energy Efficiency Code for Building
1717 Construction this subsection.
1718 (a) Natural gas pool heaters shall not be equipped with
1719 constantly burning pilots.
1720 (b) Heat pump pool heaters shall have a coefficient of
1721 performance at low temperature of not less than 4.0.
1722 (c) The thermal efficiency of gas-fired pool heaters and
1723 oil-fired pool heaters shall not be less than 78 percent.
1724 (d) All pool heaters shall have a readily accessible on-off
1725 switch that is mounted outside the heater and that allows
1726 shutting off the heater without adjusting the thermostat
1727 setting.
1728 (4)(a) Residential swimming pool filtration pumps and pump
1729 motors manufactured and sold on or after December 31, July 1,
1730 2011, for installation in this state must comply with the
1731 requirements of the Florida Energy Efficiency Code for Building
1732 Construction in this subsection.
1733 (b) Residential filtration pool pump motors shall not be
1734 split-phase, shaded-pole, or capacitor start-induction run
1735 types.
1736 (c) Residential filtration pool pumps and pool pump motors
1737 with a total horsepower of 1 HP or more shall have the
1738 capability of operating at two or more speeds with a low speed
1739 having a rotation rate that is no more than one-half of the
1740 motor’s maximum rotation rate.
1741 (d) Residential filtration pool pump motor controls shall
1742 have the capability of operating the pool pump at a minimum of
1743 two speeds. The default circulation speed shall be the
1744 residential filtration speed, with a higher speed override
1745 capability being for a temporary period not to exceed one normal
1746 cycle or 24 hours, whichever is less; except that circulation
1747 speed for solar pool heating systems shall be permitted to run
1748 at higher speeds during periods of usable solar heat gain.
1749 (5) Portable electric spas manufactured and sold on or
1750 after December 31, 2011, for installation in this state must
1751 comply with the requirements of the Florida Energy Efficiency
1752 Code for Building Construction spa standby power shall not be
1753 greater than 5(V2/3) watts where V = the total volume, in
1754 gallons, when spas are measured in accordance with the spa
1755 industry test protocol.
1756 Section 34. Paragraph (a) of subsection (2) of section
1757 627.711, Florida Statutes, is amended to read:
1758 627.711 Notice of premium discounts for hurricane loss
1759 mitigation; uniform mitigation verification inspection form.—
1760 (2)(a) The Financial Services Commission shall develop by
1761 rule a uniform mitigation verification inspection form that
1762 shall be used by all insurers when submitted by policyholders
1763 for the purpose of factoring discounts for wind insurance. In
1764 developing the form, the commission shall seek input from
1765 insurance, construction, and building code representatives.
1766 Further, the commission shall provide guidance as to the length
1767 of time the inspection results are valid. An insurer shall
1768 accept as valid a uniform mitigation verification form signed by
1769 the following authorized mitigation inspectors:
1770 1. A home inspector licensed under s. 468.8314 who has
1771 completed at least 3 hours of hurricane mitigation training
1772 approved by the Construction Industry Licensing Board which
1773 includes hurricane mitigation techniques and compliance with the
1774 uniform mitigation verification form and completion of a
1775 proficiency exam. Thereafter, home inspectors licensed under s.
1776 468.8314 must complete at least 2 hours of continuing education,
1777 as part of the existing licensure renewal requirements each
1778 year, related to mitigation inspection and the uniform
1779 mitigation form;
1780 2. A building code inspector certified under s. 468.607;
1781 3. A general, building, or residential contractor licensed
1782 under s. 489.111;
1783 4. A professional engineer licensed under s. 471.015;
1784 5. A professional architect licensed under s. 481.213; or
1785 6. Any other individual or entity recognized by the insurer
1786 as possessing the necessary qualifications to properly complete
1787 a uniform mitigation verification form.
1788 Section 35. Except as otherwise expressly provided in this
1789 act, this act shall take effect July 1, 2011.