The Florida Senate

¹553.74  Florida Building Commission.--

(1)  The Florida Building Commission is created and shall be located within the Department of Community Affairs for administrative purposes. Members shall be appointed by the Governor subject to confirmation by the Senate. The commission shall be composed of 23 members, consisting of the following:

(a)  One architect registered to practice in this state and actively engaged in the profession.

(b)  One structural engineer registered to practice in this state and actively engaged in the profession.

(c)  One mechanical contractor certified to do business in this state and actively engaged in the profession.

(d)  One electrical contractor certified to do business in this state and actively engaged in the profession.

(e)  One member from fire protection engineering or technology who is actively engaged in the profession.

(f)  One general contractor certified to do business in this state and actively engaged in the profession.

(g)  One plumbing contractor licensed to do business in this state and actively engaged in the profession.

(h)  One roofing, sheet metal, or air-conditioning contractor certified to do business in this state and actively engaged in the profession.

(i)  One residential contractor licensed to do business in this state and actively engaged in the profession.

(j)  Three members who are municipal or district codes enforcement officials, one of whom is also a fire official.

(k)  One member who represents the Department of Insurance.

(l)  One member who is a county codes enforcement official.

(m)  One member of a Florida-based organization of persons with disabilities or a nationally chartered organization of persons with disabilities with chapters in this state.

(n)  One member of the manufactured buildings industry who is licensed to do business in this state and is actively engaged in the industry.

(o)  One mechanical or electrical engineer registered to practice in this state and actively engaged in the profession.

(p)  One member who is a representative of a municipality or a charter county.

(q)  One member of the building products manufacturing industry who is authorized to do business in this state and is actively engaged in the industry.

(r)  One member who is a representative of the building owners and managers industry who is actively engaged in commercial building ownership or management.

(s)  One member who is a representative of the insurance industry.

(t)  One member who is a representative of public education.

(u)  One member who shall be the chair.

(2)  All appointments shall be for terms of 4 years, except that of the chair who shall serve at the pleasure of the Governor. Each person who is a member of the Board of Building Codes and Standards on the effective date of this act shall serve the remainder of their term as a member of the Florida Building Commission. Except for the chair, newly created positions on the Florida Building Commission shall be appointed after February 1, 1999. A vacancy shall be filled for the remainder of the unexpired term. Any member who shall, during his or her term, cease to meet the qualifications for original appointment, through ceasing to be a practicing member of the profession indicated or otherwise, shall thereby forfeit membership on the commission.

(3)  Members of the commission shall serve without compensation, but shall be entitled to reimbursement for per diem and travel expenses as provided by s. 112.061.

(4)  Each appointed member is accountable to the Governor for the proper performance of the duties of the office. The Governor shall cause to be investigated any complaint or unfavorable report received concerning an action of the commission or any member and shall take appropriate action thereon. The Governor may remove from office any appointed member for malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or pleading guilty or nolo contendere to, or being found guilty of, a felony.

History.--s. 5, ch. 74-167; s. 2, ch. 77-365; s. 4, ch. 78-323; ss. 1, 2, ch. 80-231; ss. 1, 3, 4, ch. 81-7; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; ss. 3, 5, 6, ch. 91-172; s. 5, ch. 91-429; s. 803, ch. 97-103; s. 41, ch. 98-287; s. 76, ch. 2000-141; s. 63, ch. 2000-154.

¹Note.--Section 109, ch. 2000-141, provides that "[t]he Legislature has reviewed the Florida Building Code that was adopted by action of the Florida Building Commission on February 15, 2000, and that was noticed for rule adoption by reference in Rule 9B-3.047, F.A.C., on February 18, 2000, in the Florida Administrative Weekly on page 731. The Florida Building Commission is directed to continue the process to adopt the code, pursuant to section 120.54(3), Florida Statutes, and to incorporate the following provisions or standards for the State of Florida:

"(1)  The commission shall apply the criteria set forth at section 553.73(7)(a) and (b), Florida Statutes, as amended by section 40 of chapter 98-287, Laws of Florida, and section 553.73(6)(c), Florida Statutes, as created by this act, for the adoption of any amendments to the base codes after the effective date of this act. The commission shall review modifications to the base codes adopted by the commission on or before February 15, 2000, which are identified verbally or in writing during the public hearings on proposed rule 9B-3.047 held pursuant to chapter 120, Florida Statutes, except those integrating state agency construction regulations, high velocity hurricane zone provisions, and those necessary to harmonize the Florida Building Code with the Florida Fire Prevention Code, and shall confirm that such amendments meet the requirements of s. 553.73(7), Florida Statutes, as amended by s. 40, chapter 98-287, Laws of Florida. In addition, the commission shall apply the above referenced criteria to s. 610.1.ABC.3.5.2. of chapter 13 of the Florida Building Code. Any modification which, after such criteria are applied is not approved for inclusion by an affirmative vote of three-fourths of the commission members present and voting, must be removed from the code pursuant to chapter 120, Florida Statutes.

"(2)  All amendments to the Florida Building Code shall be published in legislative format, with underlining indicating where new language is added to the existing provisions and strikeout indicating where existing language is deleted.

"(3)  For areas of the state not within the high velocity hurricane zone, the commission shall adopt, pursuant to s. 553.73, Florida Statutes, the wind protection requirements of the American Society of Civil Engineers, Standard 7, 1998 edition as implemented by the International Building Code, 2000 edition, and as modified by the commission in its February 15, 2000, adoption of the Florida Building Code for rule adoption by reference in Rule 9B-3.047, Florida Administrative Code. However, from the eastern border of Franklin County to the Florida-Alabama line, only land within 1 mile of the coast shall be subject to the windborne-debris requirements adopted by the commission. The exact location of wind speed lines shall be established by local ordinance, using recognized physical landmarks such as major roads, canals, rivers, and lake shores, wherever possible. Buildings constructed in the windborne debris region must be either designed for internal pressures that may result inside a building when a window or door is broken or a hole is created in its walls or roof by large debris, or be designed with protected openings. Except in the high velocity hurricane zone, local governments may not prohibit the option of designing buildings to resist internal pressures.

"(4)  The Florida Building Commission is directed to amend section 611 of the Plumbing Section of the Florida Building Code to incorporate the following:

"(a)  When reduction of aesthetic contaminants, such as chlorine, taste, odor, or sediment are claimed, the drinking water treatment units must meet the requirements of NSF Standard 42 Drinking Water Treatment Units-Aesthetic Effects, or Water Quality Association Standard S-200 for Household and Commercial Water Filters. When reduction of regulated health contaminants is claimed, such as inorganic or organic chemicals, or radiological substances, the drinking water treatment unit must meet the requirements of NSF Standard 53 Drinking Water Treatment Units-Health Effects.

"(b)  Reverse osmosis drinking water treatment systems shall meet the requirements of NSF Standard 58 Reverse Osmosis Drinking Water Treatment Units or Water Quality Association Standard S-300 Point-of-Use Low Pressure Reverse Osmosis Drinking Water Systems for the Reduction of Total Dissolved Solids Only.

"(c)  When reduction of regulated health contaminants is claimed, such as inorganic or organic chemicals, or radiological substances, the reverse osmosis drinking water treatment unit must meet the requirements of NSF Standard 58 Reverse Osmosis Drinking Water Treatment Systems.

"(d)  Waste or discharge from reverse osmosis or other types of water treatment units must enter the drainage system through an air gap or be equipped with an equivalent backflow-prevention device.

"(5)  The Florida Building Commission is directed to reinsert into the Florida Building Code Sections 104.3.2 and 104.6.2 of the Florida Building Code, Third Draft, related to a building official's authority to elect to issue a permit based upon plan review by a registered architect or engineer. The building official is responsible for ensuring that any person conducting a plan review is qualified as a plans examiner under part XII of chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under part XII of chapter 468, Florida Statutes.

"(6)  The Florida Building Commission is directed to amend paragraph F of Section 105.13 of the Florida Building Code to make clear that the building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by the Florida Building Code and section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under part XII of chapter 468, Florida Statutes, or certified as a special inspector under chapter 471, Florida Statutes, or chapter 481, Florida Statutes.

"(7)  The Florida Building Commission is directed to amend Section 127.5.9.8.5 of the Florida Building Code to make clear that the building official may allow a special inspector to conduct all mandatory inspections in accordance with section 127.3 of the Code, without duplicative inspection by the building official. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under part XII of chapter 468, Florida Statutes, or certified as a special inspector under chapter 471, Florida Statutes, or chapter 481, Florida Statutes.


"The Legislature declares that changes made to the proposed Rule 9B-3.047, Florida Administrative Code, to implement the requirements of this act prior to October 1, 2000, are not subject to rule challenges under section 120.56, Florida Statutes. However, the entire rule, adopted pursuant to s. 120.54(3), Florida Statutes, as amended after October 1, 2000, is subject to rule challenges under s. 120.56, Florida Statutes."