House Bill 4181c1

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    Florida House of Representatives - 1998             CS/HB 4181

        By the Committee on Community Affairs and Representatives
    Constantine, K. Pruitt, Gay, Lacasa and Trovillion





  1                      A bill to be entitled

  2         An act relating to a statewide unified building

  3         code; amending ss. 468.621, 471.033, 481.225,

  4         481.2251, 481.325, 489.127, 489.129, and

  5         489.533, F.S.; specifying additional activity

  6         as subject to disciplinary action; authorizing

  7         certain boards to impose certain penalties

  8         under certain circumstances; amending s.

  9         471.005, F.S.; revising a definition; amending

10         s. 471.015, F.S.; deleting eligibility for

11         engineering licensure for certain persons;

12         amending ss. 468.609, 468.627, 471.017,

13         481.215, 481.313, 489.115, 489.1455, and

14         489.5335, F.S.; requiring certificateholders,

15         licensees, or registrants to prove completion

16         of certain education requirements relating to

17         the Florida Building Code; providing certain

18         core curriculum or continuing education

19         requirements for certain license, certificate,

20         or registration renewals; authorizing certain

21         licensing boards to require certain specialized

22         or advanced education courses; creating s.

23         455.2286, F.S.; requiring the Department of

24         Business and Professional Regulation to

25         implement an automated information system for

26         certain purposes; amending s. 489.103, F.S.;

27         exempting certain residential structures from

28         certain construction contracting requirements;

29         amending s. 489.117, F.S.; clarifying certain

30         information provision requirements for local

31         jurisdictions relating to specialty contractor

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  1         licensure and discipline; amending s. 489.513,

  2         F.S.; requiring local jurisdictions to provide

  3         certain information to certain licensing

  4         boards; requiring such boards to maintain and

  5         provide such information through an automated

  6         information system; providing for local

  7         responsibility for imposing certain

  8         disciplinary action; authorizing imposition of

  9         penalties by ordinance; amending s. 489.517,

10         F.S.; requiring certificateholders or

11         registrants to provide proof of completion of

12         certain education courses; authorizing the

13         electrical contractors' licensing board to

14         require certain education courses; amending s.

15         489.531, F.S.; providing penalties for certain

16         violations of the Florida Building Code;

17         amending s. 553.06, F.S.; authorizing the

18         Florida Building Commission to adopt the State

19         Plumbing Code; amending s. 553.19, F.S.;

20         requiring the commission to adopt certain

21         electrical standards as part of the Florida

22         Building Code; amending s. 553.71, F.S.;

23         revising certain definitions; renaming the

24         Board of Building Codes and Standards as the

25         Florida Building g Commission; amending s.

26         553.72, F.S.; revising legislative intent;

27         amending s. 553.73, F.S.; providing for

28         adoption of the Florida Building Code to

29         replace the State Minimum Building Codes;

30         providing for legislative approval; providing

31         purposes; requiring the Florida Building

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  1         Commission to adopt the code; providing

  2         requirements and criteria for the code;

  3         providing for resolution of conflicts between

  4         the Florida Building Code and the Florida Fire

  5         Prevention Code and the Life Safety Code;

  6         providing requirements; providing for local

  7         technical amendments to the code; providing

  8         procedures and requirements; providing

  9         limitations; requiring counties to establish

10         compliance review boards for certain purposes;

11         providing requirements; authorizing local

12         governments to adopt amendments to the code;

13         providing requirements; providing procedures

14         for challenges by affected parties; providing

15         for appeals; requiring the commission to update

16         the code periodically; authorizing the

17         commission to adopt technical amendments to the

18         code under certain circumstances; providing

19         requirements; providing for exempting certain

20         buildings, structures, and facilities from the

21         code; specifying nonapplication of the code

22         under certain circumstances; prohibiting

23         administration or enforcement of the code for

24         certain purposes; amending s. 553.74, F.S.;

25         replacing the State Board of Building Codes and

26         Standards with the Florida Building Commission;

27         providing for additional membership; providing

28         for continuation of terms of existing board

29         members; amending ss. 553.75, 553.76, and

30         553.77, F.S., to conform; providing additional

31         powers of the commission; requiring commission

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  1         staff to attend certain meetings; requiring the

  2         commission to develop and publish descriptions

  3         of roles and responsibilities of certain

  4         persons; authorizing the commission to provide

  5         plans review and approval of certain public

  6         buildings; creating s. 553.781, F.S.; providing

  7         for licensee accountability; authorizing local

  8         jurisdictions to impose fines and order certain

  9         disciplinary action for certain violations of

10         the Florida Building Code; providing for

11         challenges to such actions; requiring the

12         Department of Business and Professional

13         Regulation and local jurisdictions to report

14         such disciplinary actions; providing for

15         disposition and use of such fines; providing

16         construction; amending s. 553.79, F.S., to

17         conform; providing for local government

18         enforcement of the Florida Building Code under

19         certain circumstances; amending s. 553.80,

20         F.S.; authorizing certain reinspection fees

21         under certain circumstances; creating s.

22         553.841, F.S.; providing for establishing a

23         building code training program; providing

24         requirements; providing criteria; authorizing

25         the Florida Building Commission to enter into

26         contracts for certain purposes; requiring the

27         assistance and participation of certain state

28         agencies; creating s. 553.842, F.S.; providing

29         for a system for product evaluation and

30         approval; providing requirements; providing

31         procedures; providing for challenging, review,

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  1         and appeal of certain evaluations; authorizing

  2         the commission to charge fees for certain

  3         certifications and reviews; providing

  4         exceptions; amending s. 633.01, F.S.;

  5         authorizing the Department of Insurance to

  6         issue binding interpretations of certain

  7         firesafety codes; creating s. 633.0215, F.S.;

  8         requiring the Department of Insurance to adopt

  9         certain fire prevention and life safety codes;

10         providing requirements; providing for temporary

11         effect of local amendments to such codes;

12         providing providing procedures for adopting or

13         rescinding local amendments to such codes;

14         requiring the department to update such codes

15         periodically; providing for technical

16         amendments to such codes; providing exceptions

17         to application of such codes for certain

18         purposes; amending s. 633.025, F.S.; specifying

19         adoption by local jurisdictions of certain

20         firesafety codes; authorizing local

21         jurisdictions to adopt more stringent

22         firesafety standards under certain

23         circumstances; providing procedures; providing

24         limitations; deleting obsolete provisions;

25         amending s. 633.085, F.S.; clarifying certain

26         inspection duties of the State Fire Marshal;

27         amending s. 633.72, F.S.; specifying

28         cooperation between the Florida Fire Code

29         Advisory Council and the Florida Building

30         Commission under certain circumstances;

31         requiring administrative staff of the State

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  1         Fire Marshal to attend certain meetings and

  2         coordinate efforts for consistency between

  3         certain codes; amending ss. 125.69, 161.54,

  4         161.56, 162.21, 166.0415, 489.127, 489.131,

  5         489.537, 500.459, 553.18, and 627.351, F.S., to

  6         conform; requiring the Florida Building

  7         Commission to submit the Florida Building Code

  8         to the Legislature for approval; requiring the

  9         commission to recommend changes to the law to

10         conform to adoption of the Florida Building

11         Code; providing for future repeal of local

12         amendments to certain building codes; providing

13         for readoption; requiring the Department of

14         Management Services to conduct a pilot project

15         to study the effects of installing an ozonation

16         water treatment system for a cooling tower on

17         state buildings; requiring a report to the

18         Legislature; repealing s. 471.003(2)(f), F.S.,

19         relating to engineering faculty exemption from

20         registration requirements; repealing s.

21         489.539, F.S., relating to adoption of

22         electrical standards; repealing s. 553.73(5),

23         F.S., relating to a presumption of compliance

24         with certain building code requirements;

25         providing for future repeal of s. 489.120,

26         F.S., relating to an automated information

27         system; providing for future repeal of s.

28         489.129(1)(d), F.S., relating to disciplinary

29         action for knowing violations of building

30         codes; providing for future repeal of parts I,

31         II, and III of chapter 553, F.S., relating to

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  1         the Florida Plumbing Control Act, the Florida

  2         Electrical Code, and glass standards; providing

  3         effective dates.

  4

  5         WHEREAS, the Legislature finds the system of regulating

  6  construction in Florida is a pressing affair of the state with

  7  statewide significance.  The Legislature further finds that

  8  such system is complex and confusing because of the

  9  multiplicity of building codes and administrative processes

10  which has resulted in weak and inadequate compliance, and

11         WHEREAS, the Legislature further finds that, to be

12  effective, a building code system must promote consistent and

13  effective compliance and enforcement by addressing the

14  complexity caused by too many codes and administrative

15  processes and by providing a clear understanding of roles and

16  responsibilities and adequate education and training for all

17  participants within the system, and

18         WHEREAS, it is the intent of the Legislature that all

19  processes which comprise the overall building construction

20  regulatory system be coordinated and integrated to achieve

21  optimal effectiveness and provide predictability in the system

22  and accountability for all participants in the system, and

23         WHEREAS, it is the further intent of the Legislature

24  that all state and local agencies should coordinate their

25  separately assigned responsibilities with the Florida Building

26  Commission created in this act and to comply with the

27  provisions of this act, and

28         WHEREAS, it is the intent of the Legislature that the

29  Florida Building Commission consider the recommendations of

30  the Governor's Building Codes Study Commission and other

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  1  affected stakeholders when implementing the provisions of this

  2  act, NOW, THEREFORE,

  3

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

  5

  6         Section 1.  Effective January 1, 2001, paragraph (d) of

  7  subsection (2) of section 125.69, Florida Statutes, is amended

  8  to read:

  9         125.69  Penalties; enforcement by code inspectors.--

10         (2)  The board of county commissioners of each county

11  may designate its agents or employees as code inspectors whose

12  duty it is to assure code compliance.  Any person designated

13  as a code inspector may issue citations for violations of

14  county codes and ordinances, respectively, or subsequent

15  amendments thereto, when such code inspector has actual

16  knowledge that a violation has been committed.

17         (d)  The provisions of this subsection shall not apply

18  to the enforcement pursuant to ss. 553.79 and 553.80 of the

19  Florida Building Code codes adopted pursuant to s. 553.73 as

20  applied they apply to construction, provided that a building

21  permit is either not required or has been issued by the

22  county.  For the purposes of this paragraph, "building codes"

23  means only those codes adopted pursuant to s. 553.73.

24         Section 2.  Effective January 1, 2001, subsection (11)

25  of section 161.54, Florida Statutes, is amended to read:

26         161.54  Definitions.--In construing ss. 161.52-161.58:

27         (11)  "State minimum building codes" means the Florida

28  Building Code recognized model building construction codes as

29  identified in s. 553.73.

30         Section 3.  Effective January 1, 2001, subsection (1)

31  of section 161.56, Florida Statutes, is amended to read:

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  1         161.56  Establishment of local enforcement.--

  2         (1)  Each local government which is required to enforce

  3  the Florida adopt a Building Code by s. 553.73 and which has a

  4  coastal building zone or some portion of a coastal zone within

  5  its territorial boundaries shall enforce adopt, not later than

  6  January 1, 1987, as part of its building code, the

  7  requirements of the code established in s. 161.55, and such

  8  requirements shall be enforced by the local enforcement agency

  9  as defined in s. 553.71.

10         Section 4.  Effective January 1, 2001, subsection (7)

11  of section 162.21, Florida Statutes, is amended to read:

12         162.21  Enforcement of county or municipal codes or

13  ordinances; penalties.--

14         (7)  The provisions of this part shall not apply to the

15  enforcement pursuant to ss. 553.79 and 553.80 of the Florida

16  Building Code codes adopted pursuant to s. 553.73 as applied

17  they apply to construction, provided that a building permit is

18  either not required or has been issued by the county or the

19  municipality.  For the purposes of this subsection, "building

20  codes" means only those codes adopted pursuant to s. 553.73.

21         Section 5.  Effective January 1, 2001, subsection (5)

22  of section 166.0415, Florida Statutes, is amended to read:

23         166.0415  Enforcement by code inspectors; citations.--

24         (5)  The provisions of this section shall not apply to

25  the enforcement pursuant to ss. 553.79 and 553.80 of the

26  Florida Building Code codes adopted pursuant to s. 553.73 as

27  applied they apply to construction, provided that a building

28  permit is either not required or has been issued by the

29  municipality.  For the purposes of this subsection, "building

30  codes" means only those codes adopted pursuant to s. 553.73.

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  1         Section 6.  Section 455.2286, Florida Statutes, is

  2  created to read:

  3         455.2286  Automated information system.--By November 1,

  4  1999, the department shall implement an automated information

  5  system for all certificateholders and registrants under part

  6  XII of chapter 468, chapter 471, chapter 481, or chapter 489.

  7  The system shall provide instant notification to local

  8  building departments and other interested parties regarding

  9  the status of the certification or registration.  The

10  provision of such information shall consist, at a minimum, of

11  an indication of whether the certification or registration is

12  active, of any current failure to meet the terms of any final

13  action by a licensing authority, of any ongoing disciplinary

14  cases that are subject to public disclosure, whether there are

15  any outstanding fines, and of the reporting of any material

16  violations pursuant to s. 553.781. The system may be Internet

17  based.

18         Section 7.  Paragraph (d) is added to subsection (2) of

19  section 468.609, Florida Statutes, to read:

20         468.609  Administration of this part; standards for

21  certification; additional categories of certification.--

22         (2)  A person shall be entitled to take the examination

23  for certification pursuant to this part if the person:

24         (d)  Demonstrates successful completion of the core

25  curriculum and specialized or advanced module course work

26  approved by the Florida Building Commission, as part of the

27  Building Code Training Program established pursuant to s.

28  553.841, appropriate to the licensing category sought or,

29  pursuant to authorization by the certifying authority,

30  provides proof of completion of such curriculum or course work

31  within 6 months after such certification.

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  1         Section 8.  Effective January 1, 2001, paragraph (h) is

  2  added to subsection (1) of section 468.621, Florida Statutes,

  3  to read:

  4         468.621  Disciplinary proceedings.--

  5         (1)  The following acts constitute grounds for which

  6  the disciplinary actions in subsection (2) may be taken:

  7         (h)  Failing to execute the duties and responsibilities

  8  specified in part XII of chapter 468 and ss. 553.73, 553.781,

  9  and 553.79.

10         Section 9.  Subsection (7) of section 468.627, Florida

11  Statutes, is amended, and subsection (8) is added to said

12  section, to read:

13         468.627  Application; examination; renewal; fees.--

14         (7)  The certificateholder shall provide proof, in a

15  form established by board rule, that the certificateholder has

16  completed at least 14 classroom hours of at least 50 minutes

17  each of continuing education courses during each biennium

18  since the issuance or renewal of the certificate, including

19  the specialized or advanced course work approved by the

20  Florida Building Commission, as part of the Building Code

21  Training Program established pursuant to s. 553.841,

22  appropriate to the licensing category sought.  The board shall

23  by rule establish criteria for approval of continuing

24  education courses and providers, and may by rule establish

25  criteria for accepting alternative nonclassroom continuing

26  education on an hour-for-hour basis.

27         (8)  Each certificateholder shall provide to the board

28  proof of completion of the core curriculum courses, or passing

29  the equivalency test of the Building Code Training Program

30  established by s. 553.841, within 2 years after commencement

31  of the program. Continuing education hours spent taking such

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  1  core curriculum courses shall count toward the number required

  2  for license renewal.  A licensee who passes the equivalency

  3  test in lieu of taking the core curriculum courses shall

  4  receive full credit for core curriculum course hours.

  5         Section 10.  Subsection (6) of section 471.005, Florida

  6  Statutes, is amended to read:

  7         471.005  Definitions.--As used in ss. 471.001-471.037,

  8  the term:

  9         (6)  "Engineering" includes the term "professional

10  engineering" and means any service or creative work, the

11  adequate performance of which requires engineering education,

12  training, and experience in the application of special

13  knowledge of the mathematical, physical, and engineering

14  sciences to such services or creative work as consultation,

15  investigation, evaluation, planning, and design of engineering

16  works and systems, planning the use of land and water,

17  teaching of the principles and methods of engineering design,

18  engineering surveys, and the inspection of construction for

19  the purpose of determining in general if the work is

20  proceeding in compliance with drawings and specifications, any

21  of which embraces such services or work, either public or

22  private, in connection with any utilities, structures,

23  buildings, machines, equipment, processes, work systems,

24  projects, and industrial or consumer products or equipment of

25  a mechanical, electrical, hydraulic, pneumatic, or thermal

26  nature, insofar as they involve safeguarding life, health, or

27  property; and includes such other professional services as may

28  be necessary to the planning, progress, and completion of any

29  engineering services.  A person who practices any branch of

30  engineering; who, by verbal claim, sign, advertisement,

31  letterhead, or card, or in any other way, represents himself

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  1  or herself to be an engineer or, through the use of some other

  2  title, implies that he or she is an engineer or that he or she

  3  is registered under ss. 471.001-471.037; or who holds himself

  4  or herself out as able to perform, or does perform, any

  5  engineering service or work or any other service designated by

  6  the practitioner which is recognized as engineering shall be

  7  construed to practice or offer to practice engineering within

  8  the meaning and intent of ss. 471.001-471.037.

  9         Section 11.  Paragraph (a) of subsection (5) of section

10  471.015, Florida Statutes, is amended to read:

11         471.015  Licensure.--

12         (5)(a)  The board shall deem that an applicant who

13  seeks licensure by endorsement has passed an examination

14  substantially equivalent to part I of the engineering

15  examination when such applicant:

16         1.  Has held a valid professional engineer's

17  registration in another state for 15 years and has had 20

18  years of continuous professional-level engineering experience;

19  or

20         2.  Has received a doctorate degree in engineering from

21  a nationally accredited engineering degree program which is

22  accredited by the Accreditation Board for Engineering

23  Technology; or

24         3.  Has received a doctorate degree in engineering and

25  has taught engineering full time for at least 3 years, at the

26  baccalaureate level or higher, after receiving that degree.

27         Section 12.  Subsection (3) is added to section

28  471.017, Florida Statutes, to read:

29         471.017  Renewal of license.--

30         (3)  Commencing with licensure renewal in 2002, each

31  licensee actively participating in the design of buildings,

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  1  structures, and facilities covered by the Florida Building

  2  Code shall submit proof to the board that the licensee

  3  participates in continuing education courses relating to the

  4  core curriculum courses or the building code training program

  5  or evidence of passing an equivalency test on the core

  6  curriculum courses or specialized or advanced courses on any

  7  portion of the Florida Building Code applicable to the area of

  8  practice.

  9         Section 13.  Effective January 1, 2001, paragraph (l)

10  is added to subsection (2) of section 471.033, Florida

11  Statutes, subsection (4) of said section is renumbered as

12  subsection (5) and new subsection (4) is added to said

13  section, to read:

14         471.033  Disciplinary proceedings.--

15         (1)  The following acts constitute grounds for which

16  the disciplinary actions in subsection (3) may be taken:

17         (l)  Committing a material violation of the Florida

18  Building Code as provided under s. 553.781.

19         (4)  Upon receipt of a recommendation by a local

20  jurisdiction, pursuant to s. 553.781, the board shall enter an

21  order imposing one or more of the following penalties:

22  remedial education or training, probation, or license

23  suspension or revocation.

24         Section 14.  Effective January 1, 2001, subsections (5)

25  and (6) are added to section 481.215, Florida Statutes, to

26  read:

27         481.215  Renewal of license.--

28         (5)  Each licensee shall provide to the board proof of

29  completion of the core curriculum courses, or passing the

30  equivalency test of the Building Code Training Program

31  established by s. 553.841, within 2 years after commencement

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  1  of the program or after initial licensure, whichever is later.

  2  Hours spent taking core curriculum courses shall count toward

  3  the number required for license renewal.  A licensee who

  4  passes the equivalency test in lieu of taking the core

  5  curriculum courses shall receive full credit for such core

  6  curriculum course hours.

  7         (6)  The board shall require a specified number of

  8  hours in specialized or advanced courses, approved by the

  9  Florida Building Commission, on any portion of the Florida

10  Building Code, adopted pursuant to part VII of chapter 553,

11  relating to the licensee's respective area of practice.

12         Section 15.  Effective January 1, 2001, paragraph (l)

13  is added to subsection (1) of section 481.225, Florida

14  Statutes, and subsection (4) of said section is renumbered as

15  subsection (5) and new subsection (4) is added to said

16  section, to read:

17         481.225  Disciplinary proceedings against registered

18  architects.--

19         (1)  The following acts constitute grounds for which

20  the disciplinary actions in subsection (3) may be taken:

21         (l)  Committing a material violation of the Florida

22  Building Code as provided under s. 553.781.

23         (4)  Upon receipt of a recommendation by a local

24  jurisdiction, pursuant to s. 553.781, the board shall enter an

25  order imposing one or more of the following penalties:

26  remedial education or training, probation, or license

27  suspension or revocation.

28         Section 16.  Effective January 1, 2001, paragraph (o)

29  is added to subsection (1) and subsection (3) is added to

30  section 481.2251, Florida Statutes, to read:

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  1         481.2251  Disciplinary proceedings against registered

  2  interior designers.--

  3         (1)  The following acts constitute grounds for which

  4  the disciplinary actions specified in subsection (2) may be

  5  taken:

  6         (o)  Committing a material violation of the Florida

  7  Building Code as provided under s. 553.781.

  8         (3)  Upon receipt of a recommendation by a local

  9  jurisdiction, pursuant to s. 553.781, the board shall enter an

10  order imposing one or more of the following penalties:

11  remedial education or training, probation, or license

12  suspension or revocation.

13         Section 17.  Effective January 1, 2001, subsections

14  (3), (4), (5), and (6) are added to section 481.313, Florida

15  Statutes, to read:

16         481.313  Renewal of license.--

17         (3)  No license renewal shall be issued to a landscape

18  architect by the department until the licensee submits proof,

19  satisfactory to the department, that during the 2 year period

20  prior to application for renewal, the licensee participated in

21  such continuing education courses required by the board.  The

22  board shall approve only continuing education courses that

23  relate to and increase the basic knowledge of landscape

24  architecture.  The board may make an exception from the

25  requirements of continuing education in emergency or hardship

26  cases.

27         (4)  The board shall by rule establish criteria for the

28  approval of continuing education courses and providers, and

29  shall by rule establish criteria for accepting alternative

30  nonclassroom continuing education on an hour-for-hour basis.

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  1         (5)  Each license holder shall provide to the board

  2  proof of completion of the core curriculum courses, or passing

  3  the equivalency test of the Building Code Training Program

  4  established by s. 553.841, within 2 years after commencement

  5  of the program or of initial licensure, whichever is later.

  6  Hours spent taking core curriculum courses shall count toward

  7  the number required for license renewal.  A licensee who

  8  passes the equivalency test in lieu of taking the core

  9  curriculum courses shall receive full credit for core

10  curriculum course hours.

11         (6)  The board shall require a specified number of

12  hours in specialized or advanced courses, approved by the

13  Florida Building Commission, on any portion of the Florida

14  Building Code, adopted pursuant to part VII of chapter 553,

15  relating to the licensee's respective area of practice.

16         Section 18.  Effective January 1, 2001, paragraph (m)

17  is added to subsection (1) of section 481.325, Florida

18  Statutes, and subsection (4) of said section is renumbered as

19  subsection (5) and new subsection (4) is added to said section

20  to read:

21         481.325  Disciplinary proceedings.--

22         (1)  The following acts constitute grounds for which

23  the disciplinary actions in subsection (3) may be taken:

24         (m)  Committing a material violation of the Florida

25  Building Code as provided under s. 553.781.

26         (4)  Upon receipt of a recommendation by a local

27  jurisdiction, pursuant to s. 553.781, the board shall enter an

28  order imposing one or more of the following penalties:

29  remedial education or training, probation, or license

30  suspension or revocation.

31

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  1         Section 19.  Subsection (17) is added to section

  2  489.103, Florida Statutes, to read:

  3         489.103  Exemptions.--This part does not apply to:

  4         (17)  Any one-family, two-family, or three-family

  5  residence constructed by Habitat for Humanity International,

  6  Incorporated, or its local affiliates.  Habitat for Humanity

  7  International, Incorporated, or its local affiliates, must:

  8         (a)  Obtain all necessary building permits.

  9         (b)  Obtain all required building inspections.

10         (c)  Provide for supervision of all work by an

11  individual with construction experience.

12         Section 20.  Paragraph (b) of subsection (4) of section

13  489.115, Florida Statutes, is amended to read:

14         489.115  Certification and registration; endorsement;

15  reciprocity; renewals; continuing education.--

16         (4)

17         (b)1.  Each certificateholder or registrant shall

18  provide proof, in a form established by rule of the board,

19  that the certificateholder or registrant has completed at

20  least 14 classroom hours of at least 50 minutes each of

21  continuing education courses during each biennium since the

22  issuance or renewal of the certificate or registration.  The

23  board shall establish by rule that a portion of the required

24  14 hours must deal with the subject of workers' compensation

25  and workplace safety.  The board shall by rule establish

26  criteria for the approval of continuing education courses and

27  providers, including requirements relating to the content of

28  courses and standards for approval of providers, and may by

29  rule establish criteria for accepting alternative nonclassroom

30  continuing education on an hour-for-hour basis.

31

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  1         2.  In addition, the board may approve specialized

  2  continuing education courses on compliance with the wind

  3  resistance provisions for one and two family dwellings

  4  contained in the State Minimum Building Codes and any

  5  alternate methodologies for providing such wind resistance

  6  which have been approved for use by the Board of Building

  7  Codes and Standards.  Division I certificateholders or

  8  registrants who demonstrate proficiency upon completion of

  9  such specialized courses may certify plans and specifications

10  for one and two family dwellings to be in compliance with the

11  code or alternate methodologies, as appropriate, except for

12  dwellings located in floodways or coastal hazard areas as

13  defined in ss. 60.3D and E of the National Flood Insurance

14  Program.

15         3.  Each certificateholder or registrant shall provide

16  to the board proof of completion of the core curriculum

17  courses, or passing the equivalency test of the Building Code

18  Training Program established under s. 553.841, specific to the

19  licensing category sought, within 2 years after commencement

20  of the program or of initial certification or registration,

21  whichever is later.  Classroom hours spent taking core

22  curriculum courses shall count toward the number required for

23  renewal of certificates or registration.  A certificateholder

24  or registrant who passes the equivalency test in lieu of

25  taking the core curriculum courses shall receive full credit

26  for core curriculum course hours.

27         Section 21.  Effective January 1, 2001, paragraph (b)

28  of subsection (4) of section 489.115, Florida Statutes, as

29  amended by this act, is amended to read:

30         489.115  Certification and registration; endorsement;

31  reciprocity; renewals; continuing education.--

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  1         (4)

  2         (b)1.  Each certificateholder or registrant shall

  3  provide proof, in a form established by rule of the board,

  4  that the certificateholder or registrant has completed at

  5  least 14 classroom hours of at least 50 minutes each of

  6  continuing education courses during each biennium since the

  7  issuance or renewal of the certificate or registration.  The

  8  board shall establish by rule that a portion of the required

  9  14 hours must deal with the subject of workers' compensation

10  and workplace safety.  The board shall by rule establish

11  criteria for the approval of continuing education courses and

12  providers, including requirements relating to the content of

13  courses and standards for approval of providers, and may by

14  rule establish criteria for accepting alternative nonclassroom

15  continuing education on an hour-for-hour basis.

16         2.  In addition, the board may approve specialized

17  continuing education courses on compliance with the wind

18  resistance provisions for one and two family dwellings

19  contained in the Florida State Minimum Building Code Codes and

20  any alternate methodologies for providing such wind resistance

21  which have been approved for use by the Florida Board of

22  Building Commission Codes and Standards.  Division I

23  certificateholders or registrants who demonstrate proficiency

24  upon completion of such specialized courses may certify plans

25  and specifications for one and two family dwellings to be in

26  compliance with the code or alternate methodologies, as

27  appropriate, except for dwellings located in floodways or

28  coastal hazard areas as defined in ss. 60.3D and E of the

29  National Flood Insurance Program.

30         3.  Each certificateholder or registrant shall provide

31  to the board proof of completion of the core curriculum

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  1  courses, or passing the equivalency test of the Building Code

  2  Training Program established under s. 553.841, specific to the

  3  licensing category sought, within 2 years after commencement

  4  of the program or of initial certification or registration,

  5  whichever is later.  Classroom hours spent taking core

  6  curriculum courses shall count toward the number required for

  7  renewal of certificates or registration.  A certificateholder

  8  or registrant who passes the equivalency test in lieu of

  9  taking the core curriculum courses shall receive full credit

10  for core curriculum course hours.

11         4.  The board may require a specified number of hours

12  in specialized or advanced module courses, approved by the

13  Florida Building Commission, on any portion of the Florida

14  Building Code, adopted pursuant to part VII of chapter 553,

15  relating to the contractor's respective discipline.

16         Section 22.  Paragraph (c) of subsection (4) of section

17  489.117, Florida Statutes, is amended to read:

18         489.117  Registration; specialty contractors.--

19         (4)

20         (c)  The local jurisdictions shall be responsible for

21  providing licensure information, code violation information

22  pursuant to s. 553.781, and disciplinary information on such

23  locally licensed individuals to the board within 30 days after

24  licensure or any disciplinary action, and the board shall

25  maintain such licensure and disciplinary information as is

26  provided to them, and shall make such information available

27  through the automated information system provided pursuant to

28  s. 455.2286 489.120. The biennial tracking registration fee

29  shall not exceed $40.

30

31

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  1         Section 23.  Paragraphs (h) and (i) of subsection (1)

  2  of section 489.127, Florida Statutes, are amended, and

  3  paragraph (j) is added to said subsection, to read:

  4         489.127  Prohibitions; penalties.--

  5         (1)  No person shall:

  6         (h)  Commence or perform work for which a building

  7  permit is required pursuant to part VII of chapter 553 an

  8  adopted state minimum building code without such building

  9  permit being in effect; or

10         (i)  Willfully or deliberately disregard or violate any

11  municipal or county ordinance relating to uncertified or

12  unregistered contractors: or.

13         (j)  Commit a material violation of the Florida

14  Building Code as provided under s. 553.781.

15

16  For purposes of this subsection, a person or business

17  organization operating on an inactive or suspended

18  certificate, registration, or certificate of authority is not

19  duly certified or registered and is considered unlicensed.  An

20  occupational license certificate issued under the authority of

21  chapter 205 is not a license for purposes of this part.

22         Section 24.  Effective January 1, 2001, subsections (4)

23  through (11) of section 489.129, Florida Statutes, are

24  renumbered as subsections (5) through (12), respectively, and

25  new subsection (4) is added to said section, to read:

26         489.129  Disciplinary proceedings.--

27         (4)  Upon receipt of a recommendation by a local

28  jurisdiction, pursuant to s. 553.781, the board shall enter an

29  order imposing one or more of the following penalties:

30  remedial education or training, probation, or license

31  suspension or revocation.

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  1         Section 25.  Effective January 1, 2001, paragraph (e)

  2  of subsection (3) of section 489.131, Florida Statutes, is

  3  amended to read:

  4         489.131  Applicability.--

  5         (3)  Nothing in this part limits the power of a

  6  municipality or county:

  7         (e)  To require one bond for each contractor in an

  8  amount not to exceed $5,000, which bond shall be conditioned

  9  only upon compliance with the Florida applicable state minimum

10  Building Code and applicable local building code requirements

11  adopted pursuant to s. 553.73.  Any such bond must be equally

12  available to all contractors without regard to the period of

13  time a contractor has been certified or registered and without

14  regard to any financial responsibility requirements.  Any such

15  bonds shall be payable to the Construction Industry Recovery

16  Fund and filed in each county or municipality in which a

17  building permit is requested.  Bond reciprocity shall be

18  granted statewide.  All such bonds shall be included in

19  meeting any financial responsibility requirements imposed by

20  any statute or rule.  Any contractor who provides a third

21  party insured warranty policy in connection with a new

22  building or structure for the benefit of the purchaser or

23  owner shall be exempt from the bond requirements under this

24  subsection with respect to such building or structure.

25         Section 26.  Subsection (1) of section 489.1455,

26  Florida Statutes, is amended to read:

27         489.1455  Journeyman; reciprocity; standards.--

28         (1)  An individual who holds a valid, active journeyman

29  license in the plumbing/pipe fitting, mechanical, or HVAC

30  trades issued by any county or municipality in this state may

31  work as a journeyman in the trade in which he or she is

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  1  licensed in any other county or municipality of this state

  2  without taking an additional examination or paying an

  3  additional license fee, if he or she:

  4         (a)  Has scored at least 70 percent, or after October

  5  1, 1997, at least 75 percent, on a proctored journeyman Block

  6  and Associates examination or other proctored examination

  7  approved by the board for the trade in which he or she is

  8  licensed;

  9         (b)  Has completed an apprenticeship program registered

10  with the Department of Labor and Employment Security and

11  demonstrates 4 years' verifiable practical experience in the

12  trade for which he or she is licensed, or demonstrates 6

13  years' verifiable practical experience in the trade for which

14  he or she is licensed; and

15         (c)  Has satisfactorily completed specialized and

16  advanced module course work approved by the Florida Building

17  Commission, as part of the Building Code Training Program

18  established in s. 553.841, specific to the discipline, and

19  successfully completed the program's core curriculum courses

20  or passed an equivalency test in lieu of taking the core

21  curriculum courses and provided proof of completion of such

22  curriculum courses or examination and obtained a certificate

23  from the board pursuant to this part or, pursuant to

24  authorization by the certifying authority, provides proof of

25  completion of such curriculum or course work within 6 months

26  after such certification; and

27         (d)(c)  Has not had a license suspended or revoked

28  within the last 5 years.

29         Section 27.  Subsections (6) and (7) are added to

30  section 489.513, Florida Statutes, to read:

31         489.513  Registration; application; requirements.--

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  1         (6)  The local jurisdictions shall be responsible for

  2  providing licensure information, code violation information

  3  pursuant to s. 553.781, and disciplinary information on

  4  locally licensed individuals to the board within 30 days after

  5  licensure or any disciplinary action, and the board shall

  6  maintain such licensure and disciplinary information as is

  7  provided to them, and shall make such information available

  8  through the automated information system provided pursuant to

  9  s. 455.2286.

10         (7)  Neither the board nor the department assumes any

11  responsibility for providing discipline pursuant to having

12  provided the tracking registration.  Providing discipline to

13  such locally licensed individuals shall be the responsibility

14  of the local jurisdiction.  Failure to obtain a tracking

15  registration shall not be considered a violation of this

16  chapter.  However, a local jurisdiction requiring such

17  tracking registration may levy such penalties for failure to

18  obtain the tracking registration as the local jurisdiction

19  chooses to provide through local ordinance.

20         Section 28.  Subsection (3) of section 489.517, Florida

21  Statutes, is amended, and subsection (4) is added to said

22  section, to read:

23         489.517  Renewal of certificate or registration;

24  continuing education.--

25         (3)(a)  Each certificateholder or registrant shall

26  provide proof, in a form established by rule of the board,

27  that the certificateholder or registrant has completed at

28  least 14 classroom hours of at least 50 minutes each of

29  continuing education courses during each biennium since the

30  issuance or renewal of the certificate or registration. The

31  board shall by rule establish criteria for the approval of

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  1  continuing education courses and providers and may by rule

  2  establish criteria for accepting alternative nonclassroom

  3  continuing education on an hour-for-hour basis.

  4         (b)  Each certificateholder or registrant shall provide

  5  to the board proof of completion of the core curriculum

  6  courses or passing the equivalency test of the Building Code

  7  Training Program established under s. 553.841, specific to the

  8  licensing category sought, within 2 years after commencement

  9  of the program or of initial certification or registration,

10  whichever is later.  Classroom hours spent taking core

11  curriculum courses shall count toward the number required for

12  renewal of certificate or registration.  A certificateholder

13  or registrant who passes the equivalency test in lieu of

14  taking the core curriculum courses shall receive full credit

15  for core curriculum course hours.

16         (4)  The board shall require a specialized number of

17  hours in specialized or advanced module courses, approved by

18  the Florida Building Commission, on any portion of the Florida

19  Building Code, adopted pursuant to part VII of chapter 553,

20  relating to the contractor's respective discipline.

21         Section 29.  Paragraphs (i) and (j) of subsection (1)

22  of section 489.531, Florida Statutes, are amended, and

23  paragraph (k) is added to said section, to read:

24         489.531  Prohibitions; penalties.--

25         (1)  A person may not:

26         (i)  Commence or perform work for which a building

27  permit is required pursuant to part VII of chapter 533 under

28  an adopted state minimum building code without the building

29  permit being in effect; or

30

31

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  1         (j)  Willfully or deliberately disregard or violate any

  2  municipal or county ordinance relating to uncertified or

  3  unregistered contractors; or.

  4         (k)  Commit a material violation of the Florida

  5  Building Code as provided in s. 533.781.

  6         Section 30.  Effective January 1, 2001, paragraph (i)

  7  of subsection (1) of section 489.533, Florida Statutes, is

  8  amended, subsections (3), (4), (5), (6), and (7) of said

  9  section are renumbered as subsections (4), (5), (6), (7), and

10  (8), respectively, and new subsection (3) is added to said

11  section, to read:

12         489.533  Disciplinary proceedings.--

13         (1)  The following acts shall constitute grounds for

14  disciplinary actions as provided in subsection (2):

15         (i)  Willfully or deliberately disregarding and

16  Violating the applicable building codes or laws of the state

17  or any municipality or county thereof.

18

19  For the purposes of this subsection, construction is

20  considered to be commenced when the contract is executed and

21  the contractor has accepted funds from the customer or lender.

22         (3)  Upon receipt of a recommendation by a local

23  jurisdiction, pursuant to s. 553.781, the board shall enter an

24  order imposing one or more of the following penalties:

25  remedial education or training, probation, or license

26  suspension or revocation.

27         Section 31.  Subsection (1) of section 489.5335,

28  Florida Statutes, is amended to read:

29         489.5335  Journeyman; reciprocity; standards.--

30         (1)  An individual who holds a valid, active journeyman

31  license in the electrical trade issued by any county or

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  1  municipality in this state may work as a journeyman in any

  2  other county or municipality of this state without taking an

  3  additional examination or paying an additional license fee, if

  4  he or she:

  5         (a)  Has scored at least 70 percent, or after October

  6  1, 1997, at least 75 percent, on a proctored journeyman Block

  7  and Associates examination or other proctored examination

  8  approved by the board for the electrical trade;

  9         (b)  Has completed an apprenticeship program registered

10  with the Department of Labor and Employment Security and

11  demonstrates 4 years' verifiable practical experience in the

12  electrical trade, or demonstrates 6 years' verifiable

13  practical experience in the electrical trade; and

14         (c)  Has satisfactorily completed specialized and

15  advanced module course work approved by the Florida Building

16  Commission, as part of the Building Code Training Program

17  established in s. 553.841, specific to the discipline, and

18  successfully completed the program's core curriculum courses

19  or passed an equivalency test in lieu of taking the core

20  curriculum courses and provided proof of completion of such

21  curriculum courses or examination and obtained a certificate

22  from the board pursuant to this part or, pursuant to

23  authorization by the certifying authority, provides proof of

24  completion of such curriculum or course work within 6 months

25  after such certification; and

26         (d)(c)  Has not had a license suspended or revoked

27  within the last 5 years.

28         Section 32.  Effective January 1, 2001, paragraph (d)

29  of subsection (3) of section 489.537, Florida Statutes, is

30  amended to read:

31         489.537  Application of this part.--

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  1         (3)  Nothing in this act limits the power of a

  2  municipality or county:

  3         (d)  To require one bond for each electrical contractor

  4  in an amount not to exceed $5,000, which bond shall be

  5  conditioned only upon compliance with the Florida applicable

  6  state minimum Building Code and applicable local building code

  7  requirements adopted pursuant to s. 553.73.  Any such bond

  8  must be equally available to all electrical contractors

  9  without regard to the period of time an electrical contractor

10  has been certified or registered and without regard to any

11  financial responsibility requirements.  Any such bonds shall

12  be payable to the Governor and filed in each county or

13  municipality in which a building permit is requested.  Bond

14  reciprocity shall be granted statewide. All such bonds shall

15  be included in meeting any financial responsibility

16  requirements imposed by any statute or rule.

17         (e)1.  To refuse to issue permits or issue permits with

18  specific conditions to a contractor who has committed multiple

19  violations, when he or she has been disciplined for each of

20  them by the board and when each disciplinary action has

21  involved revocation or suspension of a license, imposition of

22  an administrative fine of at least $1,000, or probation.

23         2.  To issue permits with specific conditions to a

24  contractor who, within the previous 12 months, has had final

25  action taken against him or her, by the department or by a

26  local board or agency which licenses contractors and has

27  reported the action pursuant to paragraph (5)(c), for engaging

28  in the business or acting in the capacity of a contractor

29  without a license.

30

31

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  1         Section 33.  Effective January 1, 2001, paragraph (d)

  2  of subsection (5) of section 500.459, Florida Statutes, is

  3  amended to read:

  4         500.459  Water vending machines.--

  5         (5)  OPERATING STANDARDS.--

  6         (d)  Each water vending machine must have a backflow

  7  prevention device that conforms with the applicable provision

  8  of the Florida Building Code s. 553.06 and an adequate system

  9  for collecting and handling dripping, spillage, and overflow

10  of water.

11         Section 34.  Subsection (1) of section 553.06, Florida

12  Statutes, is amended to read:

13         553.06  State Plumbing Code.--

14         (1)  The Florida Building Commission Board of Building

15  Codes and Standards shall, in accordance with the provisions

16  of chapter 120 and ss. 553.70-553.895, adopt the Standard

17  Plumbing Code, 1994 edition, as adopted at the October 1993

18  annual meeting of the Southern Building Code Congress

19  International, as the State Plumbing Code which shall be the

20  minimum requirements statewide for all installations, repairs,

21  and alterations to plumbing. The board may, in accordance with

22  the requirements of chapter 120, adopt all or parts of updated

23  or revised editions of the State Plumbing Code to keep abreast

24  of latest technological advances in plumbing and installation

25  techniques. Local governments which have adopted the South

26  Florida, One and Two Family Dwelling or EPCOT Plumbing Codes

27  may continue their use provided the requirements contained

28  therein meet or exceed the requirements of the State Plumbing

29  Code. Provided, however, nothing in this section shall alter

30  or diminish the authority of the Department of Business and

31  Professional Regulation to conduct plan reviews, issue

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  1  variances, and adopt rules regarding sanitary facilities in

  2  public lodging and public food service establishments pursuant

  3  to chapter 509, providing that such actions do not conflict

  4  with the requirements for public restrooms in s. 553.141.

  5         Section 35.  Effective January 1, 2001, subsection (2)

  6  of section 553.18, Florida Statutes, is amended to read:

  7         553.18  Scope.--

  8         (2)  Local jurisdictions County, municipal, improvement

  9  district, or state governing bodies may adopt and enforce

10  additional or more stringent standards or administrative

11  procedures and requirements than those prescribed by this

12  code, including but not limited to fees if the standards or

13  administrative procedures and requirements are in conformity

14  with standards set forth in the Florida Building Code s.

15  553.19.

16         Section 36.  Section 553.19, Florida Statutes, is

17  amended to read:

18         553.19  Adoption of electrical standards.--For the

19  purpose of establishing minimum electrical standards in this

20  state, the following standards are adopted:

21         (1)  "National Electrical Code 1990," NFPA No. 70-1990.

22         (2)  Underwriters' Laboratories, Inc., "Standards for

23  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

24  57-1982 and UL 153-1983.

25         (3)  Underwriters' Laboratories, Inc., "Standard for

26  Electric Signs," UL 48-1982.

27         (4)  The provisions of the following which prescribe

28  minimum electrical standards:

29         (a)  NFPA No. 56A-1978, "Inhalation Anesthetics 1978."

30         (b)  NFPA No. 56B-1982, "Respiratory Therapy 1982."

31

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  1         (c)  NFPA No. 56C-1980, "Laboratories in Health-related

  2  Institutions 1980."

  3         (d)  NFPA No. 56D-1982, "Hyperbaric Facilities."

  4         (e)  NFPA No. 56F-1983, "Nonflammable Medical Gas

  5  Systems 1983."

  6         (f)  NFPA No. 76A-1984, "Essential Electrical Systems

  7  for Health Care Facilities 1984."

  8         (5)  Chapter 10D-29 of The rules and regulations of the

  9  Department of Health and Rehabilitative Services, entitled

10  "Nursing Homes and Related Facilities Licensure."

11         (6)  The minimum standards for grounding of portable

12  electric equipment, chapter 8C-27 as recommended by the

13  Industrial Standards Section, Division of Workers'

14  Compensation, Department of Labor and Employment Security.

15

16  The Florida Building Commission shall update and maintain such

17  electrical standards consistent with the procedures

18  established in s. 553.73.

19         Section 37.  Effective January 1, 2001, part VII of

20  chapter 553, Florida Statutes, shall be entitled "Florida

21  Building Code."

22         Section 38.  Subsections (1), (3), and (5) of section

23  553.71, Florida Statutes, are amended to read:

24         553.71  Definitions.--As used in this part, the term:

25         (1)  "Commission Board" means the Florida Building

26  Commission Board of Building Codes and Standards created by

27  this part.

28         (3)  "State enforcement agency" means the agency of

29  state government with authority to make inspections of

30  buildings and to enforce the codes, as required by this part,

31  which establish standards for design, construction, erection,

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  1  alteration, repair, modification, or demolition of public or

  2  private buildings, structures, or facilities.

  3         (5)  "Local enforcement agency" means an the agency of

  4  local government with authority to make inspections of

  5  buildings and to enforce the codes which establish standards

  6  for design, construction, erection, alteration, repair,

  7  modification, or demolition of public or private buildings,

  8  structures, or facilities.

  9         Section 39.  Effective January 1, 2001, section 553.72,

10  Florida Statutes, is amended to read:

11         553.72  Intent.--

12         (1)  The purpose and intent of this act is to provide a

13  mechanism for the uniform promulgation, adoption, updating,

14  amendment, interpretation, and enforcement of a single,

15  unified state minimum building code, to be called the Florida

16  Building Code, codes which consists of a single set of

17  documents that apply to the design, construction, erection,

18  alteration, modification, repair, or demolition of public or

19  private buildings, structures, or facilities in this state and

20  to the enforcement of such requirements contain standards

21  flexible enough to cover all phases of construction and which

22  will allow effective and reasonable protection for public

23  safety, health, and general welfare for all the people of

24  Florida at the most reasonable cost to the consumer. The

25  Florida Building Code shall be organized to provide

26  consistency and simplicity of use. The Florida Building Code

27  shall be applied, administered, and enforced uniformly and

28  consistently from jurisdiction to jurisdiction. The Florida

29  Building Code shall provide for flexibility to be exercised in

30  a manner that meets minimum requirements, is affordable, does

31

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  1  not inhibit competition, and promotes innovation and new

  2  technology.

  3         (2)  It is the intent of the Legislature that local

  4  governments shall have the power to inspect all buildings,

  5  structures, and facilities within their jurisdictions in

  6  protection of the public health, safety, and welfare pursuant

  7  to chapters 125 and 166.

  8         (3)  It is the intent of the Legislature that the

  9  Florida Building Code be adopted, modified, updated,

10  interpreted, and maintained by the Florida Building Commission

11  and enforced by authorized state and local government

12  enforcement agencies.

13         (4)  It is the intent of the Legislature that the

14  Florida Fire Prevention Code and the Life Safety Code of this

15  state be adopted, modified, updated, interpreted, and

16  maintained by the Department of Insurance and included by

17  reference as sections in the Florida Building Code.

18         (5)  It is the intent of the Legislature that there be

19  no conflicting requirements between the Florida Fire

20  Prevention Code and the Life Safety Code of the state and

21  other provisions of the Florida Building Code or conflicts in

22  their enforcement and interpretation.  Potential conflicts

23  shall be resolved through coordination and cooperation of the

24  State Fire Marshal and the Florida Building Commission as

25  provided by this part and chapter 633.

26         Section 40.  Subsections (3) and (9) of section 553.73,

27  Florida Statutes, are amended to read:

28         553.73  State Minimum Building Codes.--

29         (3)  The commission board may, by rule adopted in

30  accordance with the requirements of chapter 120, designate all

31

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  1  or a part of an updated or revised version of a model code

  2  listed in subsection (2) as a State Minimum Building Code.

  3         (9)  Except within coastal building zones as defined in

  4  s. 161.54, specification standards developed by nationally

  5  recognized code promulgation organizations to determine

  6  compliance with s. 1606 1205 and the engineering design

  7  criteria of s. 1606 1205 of the Standard Building Code shall

  8  not apply to one or two family dwellings which are two stories

  9  or less in height unless approved by the commission Board of

10  Building Codes and Standards for use or unless expressly made

11  subject to said standards and criteria by local ordinance

12  adopted in accordance with the provisions of subsection (4).

13         Section 41.  Effective January 1, 2001, section 553.73,

14  Florida Statutes, as amended by this act, is amended to read:

15         553.73  Florida State Minimum Building Code Codes.--

16         (1)(a)  The commission shall adopt the Florida Building

17  Code which shall contain or incorporate by reference all laws

18  and rules which pertain to and govern the design,

19  construction, erection, alteration, modification, repair, and

20  demolition of public and private buildings, structures, and

21  facilities and enforcement of such laws and rules, except as

22  otherwise provided in this section. By October 1, 1984, local

23  governments and state agencies with building construction

24  regulation responsibilities shall adopt a building code which

25  shall cover all types of construction.  Such code shall

26  include the provisions of parts I-V, VII, and VIII, relating

27  to plumbing, electrical requirements, glass, manufactured

28  buildings, accessibility by handicapped persons, and thermal

29  efficiency, and shall be in addition to the requirements set

30  forth in chapter 527, which pertains to liquefied petroleum

31  gas.

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  1         (b)  The technical portions of the Florida

  2  Accessibility Code for Building Construction shall be

  3  contained in its entirety in the Florida Building Code.  The

  4  civil rights portions and the technical portions of the

  5  accessibility laws of this state shall remain as currently

  6  provided by law.  Any revision or amendments to the Florida

  7  Accessibility Code for Building Construction pursuant to part

  8  V shall be considered adopted by the commission as part of the

  9  Florida Building Code.  Neither the commission nor any local

10  government shall revise or amend any standard of the Florida

11  Accessibility Code for Building Construction except as

12  provided for in part V.

13         (c)  The Florida Fire Prevention Code and the Life

14  Safety Code shall be referenced in the Florida Building Code,

15  but shall be adopted, modified, revised, or amended,

16  interpreted, and maintained by the Department of Insurance.

17  Nothing in the Florida Building Code shall affect the

18  statutory powers, duties, and responsibilities of any fire

19  official or the Department of Insurance.

20         (d)  Conflicting requirements between the Florida

21  Building Code and the Florida Fire Prevention Code and Life

22  Safety Code of the state established pursuant to s. 633.022

23  and s. 633.025 shall be resolved by agreement between the

24  commission and the State Fire Marshal in favor of the

25  requirement that offers the greatest degree of life safety or

26  alternatives that would provide an equivalent degree of life

27  safety and an equivalent method of construction. If the

28  commission and State Fire Marshal are unable to agree on a

29  resolution, the question shall be referred to the Division of

30  Administrative Hearings to resolve the conflict in favor of

31  the provision that offers the greatest life safety, or

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  1  alternatives that would provide an equivalent degree of life

  2  safety and an equivalent method of construction.

  3         (e)(b)  Subject to the provisions of this act, In the

  4  event that a special act of the Legislature, passed prior or

  5  subsequent to January 1, 1978, places responsibility for

  6  enforcement, interpretation, and building construction

  7  regulation of the Florida Building Code shall be vested in a

  8  specified local board or agency, and the words "local

  9  government" and "local governing body" as used in this part

10  shall be construed to refer exclusively to such local board or

11  agency.

12         (2)  The Florida Building Code shall contain provisions

13  or requirements for public and private buildings, structures,

14  and facilities relative to structural, mechanical, electrical,

15  plumbing, energy, and gas systems, existing buildings,

16  historical buildings, manufactured buildings, elevators,

17  coastal construction, lodging facilities, food sales and food

18  service facilities, health care facilities, public or private

19  educational facilities, swimming pools, and correctional

20  facilities and enforcement of and compliance with such

21  provisions or requirements. There is created the State Minimum

22  Building Codes which shall consist of the following nationally

23  recognized model codes:

24         (a)  Standard Building Codes, 1988 edition, pertaining

25  to building, plumbing, mechanical, and gas, and excluding fire

26  prevention;

27         (b)  EPCOT Code, 1982 edition;

28         (c)  One and Two Family Dwelling Code, 1986 edition;

29  and

30         (d)  The South Florida Building Code, 1988 edition.

31

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  1  Each local government and state agency with building

  2  construction regulation responsibilities shall adopt one of

  3  the State Minimum Building Codes as its building code, which

  4  shall govern the construction, erection, alteration, repair,

  5  or demolition of any building for which the local government

  6  or state agency has building construction regulation

  7  responsibility.  If the One and Two Family Dwelling Code is

  8  adopted for residential construction, then one of the other

  9  recognized model codes must be adopted for the regulation of

10  other residential and nonresidential structures. Provisions to

11  be contained within the Florida any State Minimum Building

12  Code are restricted to requirements related to the types of

13  materials used and construction methods and standards employed

14  in order to meet criteria specified in the Florida Building

15  Code minimum building codes. Provisions relating to the

16  personnel, supervision or training of personnel, or any other

17  professional qualification requirements relating to

18  contractors or their workforce may not be included within the

19  Florida a State Minimum Building Code, and subsection (4) is

20  not to be construed to allow the inclusion of such provisions

21  within the Florida any State Minimum Building Code by

22  amendment. This restriction applies to both initial

23  development and amendment of the Florida Building Code.

24         (3)  The commission shall select from available

25  national or international model building codes, or other

26  available building codes and standards currently recognized by

27  the laws of this state, to form the foundation for the Florida

28  Building Code. The commission may modify the selected model

29  codes and standards as needed to accommodate the specific

30  needs of this state.  Standards or criteria referenced by the

31  selected model codes shall be similarly incorporated by

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  1  reference.  If a referenced standard or criterion requires

  2  amplification or modification to be appropriate for use in

  3  this state, only the amplification or modification shall be

  4  specifically set forth in the Florida Building Code.  The

  5  commission shall incorporate within sections of the Florida

  6  Building Code provisions which address regional and local

  7  concerns and variations. The commission shall make every

  8  effort to minimize conflicts between the Florida Building

  9  Code, the Florida Fire Prevention Code, and the Life Safety

10  Code. The commission may, by rule adopted in accordance with

11  the requirements of chapter 120, designate all or a part of an

12  updated or revised version of a model code listed in

13  subsection (2) as a State Minimum Building Code.

14         (4)(a)  Local governments shall comply with applicable

15  standards for issuance of mandatory certificates of occupancy,

16  minimum types of inspections, and procedures for plans review

17  and inspections as established by the board by rule. Any

18  amendments to standards established by the Florida Building

19  Code pursuant to this paragraph shall be more stringent than

20  such standards and shall be transmitted to the commission

21  within 30 days after enactment.  The local government shall

22  make such amendments available to the general public in a

23  usable format.  The Department of Insurance is responsible for

24  establishing the standards and procedures required in this

25  paragraph for governmental entities with respect to applying

26  the Florida Fire Prevention and the Life Safety Code.

27         (b)  Local governments and state agencies with building

28  construction regulation responsibilities may, subject to the

29  limitations of this section, adopt amendments to the technical

30  provisions of the Florida Building Code which apply solely

31  within the jurisdiction of such government and which provide

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  1  for more stringent requirements than those specified in the

  2  Florida State Minimum Building Code, not more than once every

  3  6 months, Codes provided:

  4         1.(a)  The local governing body determines, following a

  5  public hearing which has been advertised in a newspaper of

  6  general circulation at least 10 days before the hearing, that

  7  there is a need to strengthen the requirements of the Florida

  8  State Minimum Building Code Codes adopted by such governing

  9  body. The determination must be based upon a review of local

10  conditions by the local governing body, which review

11  demonstrates that local conditions justify more stringent

12  requirements than those specified in the Florida State Minimum

13  Building Code Codes for the protection of life and property.

14         2.(b)  Such additional requirements are not

15  discriminatory against materials, products, or construction

16  techniques of demonstrated capabilities.

17         3.(c)  Such additional requirements may not introduce a

18  new subject not addressed in the Florida State Minimum

19  Building Code Codes.

20         4.  The enforcing agency shall make readily available,

21  in a usable format, all amendments adopted pursuant to this

22  section.

23         5.  Any amendment to the Florida Building Code shall be

24  transmitted within 30 days by the adopted local government to

25  the commission.  The commission shall maintain copies of all

26  such amendments in a format that is usable and obtainable by

27  the public.

28         6.  Any amendment to the Florida Building Code adopted

29  by a local government pursuant to this paragraph shall be

30  effective only until the adoption by the board of the new

31  edition of the Florida Building Code every third year.  At

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  1  such time, the board shall adopt such amendment as part of the

  2  Florida Building Code or rescind the amendment.  Adoption or

  3  rescission of an amendment by the board shall take effect 90

  4  days after the board takes such action.  The board shall

  5  immediately notify the respective local government of the

  6  rescission of any amendment. After receiving such notice, the

  7  respective local government may readopt the rescinded

  8  amendment pursuant to the provisions of this paragraph.

  9         7.  Each county and municipality desiring to make local

10  technical amendments to the Florida Building Code shall by

11  interlocal agreement establish a countywide compliance review

12  board to review any amendment to the Florida Building Code,

13  adopted by a local government within the county pursuant to

14  this paragraph, that is challenged by any substantially

15  affected party for purposes of determining the amendment's

16  compliance with this paragraph.  If the compliance review

17  board determines such amendment is not in compliance with this

18  paragraph, the compliance review board shall notify such local

19  government of the noncompliance and that the amendment is

20  invalid and unenforceable until the local government corrects

21  the amendment to bring it into compliance. The local

22  government may appeal the decision of the compliance review

23  board to the commission.  If the compliance review board

24  determines such amendment to be in compliance with this

25  paragraph, any substantially affected party may appeal such

26  determination to the commission. Actions of the board are

27  subject to the appellate process as set forth in s. 120.57,

28  except an order of an administrative law judge shall be final

29  agency action. The compliance review board shall determine

30  whether its decisions apply to a respective local jurisdiction

31  or apply countywide.

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  1         8.  An amendment adopted under this paragraph shall

  2  include a fiscal impact statement which documents the costs

  3  and benefits of the proposed amendment.  Criteria for the

  4  fiscal impact statement shall include the impact to local

  5  government relative to enforcement, the impact to property and

  6  building owners, as well as to industry, relative to the cost

  7  of compliance.  The fiscal impact statement may not be used as

  8  a basis for challenging the amendment for compliance.

  9         9.  In addition to subparagraphs 7. and 8., the

10  commission may review any amendments adopted pursuant to this

11  subsection and make nonbinding recommendations related to

12  compliance of such amendments with this subsection.

13         (c)  Any amendment adopted by a local enforcing agency

14  pursuant to this subsection shall not apply to state or school

15  district owned buildings, manufactured buildings approved by

16  the commission, or prototype buildings approved pursuant to s.

17  553.77(6).  The respective responsible entities shall consider

18  the physical performance parameters substantiating such

19  amendments when designing, specifying, and constructing such

20  exempt buildings.

21         (d)  Paragraphs (a), (b), and (c) apply to the

22  enforcing agency's adoption of more stringent requirements

23  than those specified in the State Minimum Building Codes and

24  to the adoption of building construction-related codes that

25  have the effect of amending building construction standards

26  contained in the State Minimum Building Codes.  Upon request,

27  the enforcing agency shall provide a person making application

28  for a building permit, or any state agency or board with

29  construction-related regulation responsibilities, a listing of

30  all such requirements and codes.

31

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  1         (5)  The commission shall update the Florida Building

  2  Code every 3 years.  Once initially adopted and subsequently

  3  updated by the board, the Florida Building Code shall be

  4  deemed adopted for use statewide without adoptions by local

  5  government. When updating the Florida Building Code, the

  6  commission shall consider changes made by the adopting entity

  7  of any selected model code for any model code incorporated

  8  into the Florida Building Code by the commission, the

  9  commission's own binding interpretations, advisory opinions,

10  appellate decisions, and approved statewide and local

11  technical amendments.

12         (6)(5)  It shall be the responsibility of each

13  municipality and county in the state and of each state agency

14  with statutory authority to regulate building construction to

15  enforce the provisions of the Florida specific model code of

16  the State Minimum Building Code Codes adopted by that

17  municipality, county, or agency, in accordance with the

18  provisions of s. 553.80.  If such responsibility has been

19  delegated to another unit of government pursuant to s.

20  553.79(9), the specific model code adopted by the delegate

21  shall apply and be enforced.

22         (7)(a)(6)  The commission may approve technical

23  amendments to the Florida Building Code once each year for

24  statewide application upon a finding by a super majority vote

25  that delaying the application of the amendment would be

26  contrary to the health, safety, and welfare of the public or

27  the amendment provides an economic advantage to the consumer

28  and that the amendment:

29         1.  Has a reasonable and substantial connection with

30  the health, safety, and welfare of the general public.

31

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  1         2.  Strengthens or improves the Florida Building Code,

  2  or in the case of innovation or new technology, will provide

  3  equivalent or better products or methods or systems of

  4  construction.

  5         3.  Does not discriminate against materials, products,

  6  methods, or systems of construction of demonstrated

  7  capabilities.

  8         4.  Does not degrade the effectiveness of the Florida

  9  Building Code.

10         (b)  A proposed amendment shall include a fiscal impact

11  statement which documents the costs and benefits of the

12  proposed amendment.  Criteria for the fiscal impact statement

13  shall be established by rule by the commission and shall

14  include the impact to local government relative to

15  enforcement, the impact to property and building owners, as

16  well as to industry, relative to the cost of compliance. The

17  specific model code of the State Minimum Building Codes

18  adopted by a municipality, county, or state agency shall

19  regulate every type of building or structure, wherever it

20  might be situated in the code enforcement jurisdiction;

21  however, such regulations shall not apply to nonresidential

22  farm buildings on farms; to temporary buildings or sheds used

23  exclusively for construction purposes; to mobile homes used as

24  temporary offices, except that the provisions of part V

25  relating to accessibility by handicapped persons shall apply

26  to such mobile homes used as temporary offices; or to any

27  construction exempted under s. 553.80(3) by an enforcement

28  district or local enforcement agency. The codes may be divided

29  into a number of segments, as determined by the municipality,

30  county, or state agency. These segments may be identified as

31  building, mechanical, electrical, plumbing, or fire prevention

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  1  codes or by other titles as are deemed proper. However, the

  2  State Minimum Building Codes shall not contain a housing code;

  3  nor shall the state interpose in the area of local housing

  4  codes, except upon request originating from an enforcement

  5  district or local enforcement agency.

  6         (8)  The following buildings, structures, and

  7  facilities may be exempted from the Florida Building Code as

  8  provided by law and any further exemptions shall be as

  9  determined by the Legislature and provided by law:

10         (a)  Buildings and structures specifically regulated

11  and preempted by the Federal Government.

12         (b)  Railroads and ancillary facilities associated with

13  the railroad.

14         (c)  Nonresidential farm buildings on farms.

15         (d)  Temporary buildings or sheds used exclusively for

16  construction purposes.

17         (e)  Mobile homes used as temporary offices, except

18  that the provisions of part V relating to accessibility by

19  persons with disabilities shall apply to such mobile homes.

20         (9)(7)(a)  In the event of a conflict between the

21  Florida applicable minimum Building Code and the Florida Fire

22  Prevention Code and the Life Safety applicable minimum

23  firesafety Code, the conflict it shall be resolved by

24  agreement between the local building code enforcement official

25  and the local fire code enforcement official in favor of the

26  requirement of the code which offers the greatest degree of

27  lifesafety or alternatives which would provide an equivalent

28  degree of lifesafety and an equivalent method of construction.

29         (b)  Any decision made by the local fire official and

30  the local building official may be appealed to a local

31  administrative board designated by the municipality, county,

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  1  or special district having firesafety responsibilities.  If

  2  the decision of the local fire official and the local building

  3  official is to apply the provisions of either the Florida

  4  applicable minimum Building Code or the Florida Fire

  5  Prevention Code and the Life Safety applicable minimum

  6  firesafety Code, the board may not alter the decision unless

  7  the board determines that the application of such code is not

  8  reasonable.  If the decision of the local fire official and

  9  the local building official is to adopt an alternative to the

10  codes, the local administrative board shall give due regard to

11  the decision rendered by the local officials and may modify

12  that decision if the administrative board adopts a better

13  alternative, taking into consideration all relevant

14  circumstances.  In any case in which the local administrative

15  board adopts alternatives to the decision rendered by the

16  local fire official and the local building official, such

17  alternatives shall provide an equivalent degree of lifesafety

18  and an equivalent method of construction as the decision

19  rendered by the local officials.

20         (c)  If In the event that the local building official

21  and the local fire official are unable to agree on a

22  resolution of the conflict between the Florida Building Code

23  and the Florida Fire Prevention Code and the Life Safety Code,

24  the local administrative board shall resolve the conflict in

25  favor of the code which offers the greatest degree of

26  lifesafety or alternatives which would provide an equivalent

27  degree of lifesafety and an equivalent method of construction.

28         (d)  The local administrative board shall, to the

29  greatest extent possible, be composed of members with

30  expertise in building construction and firesafety standards.

31

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  1         (e)  All decisions of the local building official and

  2  local fire official and all decisions of the administrative

  3  board shall be in writing and shall be binding upon all

  4  persons but shall not limit the authority of the State Fire

  5  Marshal or the Florida Building Commission pursuant to

  6  paragraph(1)(d) and ss. 663.01, and s. 633.161.  Decisions of

  7  general application shall be indexed by building and fire code

  8  sections and shall be available for inspection during normal

  9  business hours.

10         (10)(8)  Except within coastal building zones as

11  defined in s. 161.54, specification standards developed by

12  nationally recognized code promulgation organizations to

13  determine compliance with s. 1606 and the engineering design

14  criteria of s. 1606 of the Florida Standard Building Code for

15  wind load design shall not apply to one or two family

16  dwellings which are two stories or less in height unless

17  approved by the board of Building Codes and Standards for use

18  or unless expressly made subject to said standards and

19  criteria by local ordinance adopted in accordance with the

20  provisions of subsection (4).

21         (11)  The Florida Building Code does not apply to, and

22  no code enforcement action shall be brought with respect to,

23  zoning requirements, land use requirements, and owner

24  specifications or programmatic requirements which do not

25  pertain to and govern the design, construction, erection,

26  alteration, modification, repair, or demolition of public or

27  private buildings, structures, or facilities or to

28  programmatic requirements that do not pertain to enforcement

29  of the Florida Building Code.  Additionally, a local code

30  enforcement agency may not administer or enforce the Florida

31  Building Code to prevent the siting of any state correctional

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  1  facility, juvenile justice facility, or state university,

  2  community college, or public education facility, as provided

  3  by law.

  4         Section 42.  Section 553.74, Florida Statutes, is

  5  amended to read:

  6         553.74  Florida Building Commission State Board of

  7  Building Codes and Standards.--

  8         (1)  The Florida Building Commission There is created

  9  and shall be located within the Department of Community

10  Affairs for administrative purposes the Board of Building

11  Codes and Standards. Members shall be appointed by the

12  Governor subject to confirmation by the Senate.  The

13  commission board shall be composed of 21 17 members,

14  consisting of the following:

15         (a)  One architect registered to practice in this state

16  and actively engaged in the profession.

17         (b)  One structural engineer registered to practice in

18  this state and actively engaged in the profession.

19         (c)  One mechanical contractor certified to do business

20  in this state and actively engaged in the profession.

21         (d)  One electrical contractor certified to do business

22  in this state and actively engaged in the profession.

23         (e)  One member from fire protection engineering or

24  technology who is actively engaged in the profession.

25         (f)  One general contractor certified to do business in

26  this state and actively engaged in the profession.

27         (g)  One plumbing contractor licensed to do business in

28  this state and actively engaged in the profession.

29         (h)  One roofing, sheet metal, or air-conditioning

30  contractor certified to do business in this state and actively

31  engaged in the profession.

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  1         (i)  One residential contractor licensed to do business

  2  in this state and actively engaged in the profession.

  3         (j)  Two Three members who are municipal or district

  4  codes enforcement officials, one of whom is also a fire

  5  official.

  6         (k)  One member who represents the Department of

  7  Insurance a state agency, other than the Department of

  8  Community Affairs, empowered by law to enforce building codes.

  9         (l)  One member who is a county codes enforcement

10  official.

11         (m)  One member of a Florida-based organization of

12  handicapped persons with disabilities or a nationally

13  chartered organization of handicapped persons with

14  disabilities with chapters in this state.

15         (n)  One member of the manufactured buildings industry

16  who is licensed to do business in this state and is actively

17  engaged in the industry.

18         (o)  One mechanical or electrical engineer registered

19  to practice in this state and actively engaged in the

20  profession.

21         (p)  One member who is a representative of a

22  municipality or a charter county.

23         (q)  One member of the building products manufacturing

24  industry who is authorized to do business in this state and is

25  actively engaged in the industry.

26         (r)  One member who is a representative of the building

27  owners and managers industry who is actively engaged in

28  commercial building ownership or management.

29         (s)  One member who is a representative of the

30  insurance industry.

31         (t)  One member who shall be the chair.

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  1         (2)  The first five board members appointed after

  2  October 1, 1991, shall serve for terms of 3 years each.

  3  Thereafter, All appointments shall be for terms of 4 years,

  4  except that of the chair who shall shall serve at the pleasure

  5  of the Governor. Each person who is a member of the Board of

  6  Building Codes and Standards on the effective date of this act

  7  shall serve the remainder of their term as a member of the

  8  Florida Building Commission.  Except for the chair, newly

  9  created positions on the Florida Building Commission shall be

10  appointed after February 1, 1999. A vacancy shall be filled

11  for the remainder of the unexpired term. Neither the architect

12  nor any of the above-named engineers shall be engaged in the

13  manufacture, promotion, or sale of any building materials; and

14  Any member who shall, during his or her term, cease to meet

15  the qualifications for original appointment, through ceasing

16  to be a practicing member of the profession indicated or

17  otherwise, shall thereby forfeit membership on the commission

18  board.

19         Section 43.  Section 553.75, Florida Statutes, is

20  amended to read:

21         553.75  Organization of commission board; rules and

22  regulations; meetings; staff; fiscal affairs.--

23         (1)  Within 30 days after its appointment, The

24  commission board shall meet on call of the secretary.  The

25  commission board shall at this time, and thereafter annually,

26  elect from its appointive members a chair and such officers as

27  it may choose.

28         (2)  The commission board shall meet at the call of its

29  chair, at the request of a majority of its membership, at the

30  request of the department, or at such times as may be

31  prescribed by its rules. The members shall be notified in

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  1  writing of the time and place of a regular or special meeting

  2  at least 7 days in advance of the meeting.  A majority of

  3  members of the commission board shall constitute a quorum.

  4         (3)  The department shall be responsible for the

  5  provision of administrative and staff support services

  6  relating to the functions of the commission board.  With

  7  respect to matters within the jurisdiction of the commission

  8  board, the department shall be responsible for the

  9  implementation and faithful discharge of all decisions of the

10  commission board made pursuant to its authority under the

11  provisions of this part.

12         Section 44.  Section 553.76, Florida Statutes, is

13  amended to read:

14         553.76  General powers of the commission board.--The

15  commission board is authorized to:

16         (1)  Promulgate, in cooperation with the department,

17  rules and regulations for the administration of this part,

18  pursuant to chapter 120.

19         (2)  Provide rules of procedure for its internal

20  management and control.

21         (3)  Enter into contracts and do such things as may be

22  necessary and incidental to the discharge of its

23  responsibilities under this part.

24         Section 45.  Effective January 1, 2001, subsections (4)

25  and (5) are added to section 553.76, Florida Statutes, as

26  amended by this act, to read:

27         553.76  General powers of the commission.--The

28  commission is authorized to:

29         (4)  Adopt, pursuant to chapter 120, any rule necessary

30  to implement the Florida Building Code and to establish any

31  ancillary program required to enforce such code.

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  1         (5)  Adopt and promote, in consultation with state and

  2  local governments, other boards, advisory councils, and

  3  commissions, such guidelines as are deemed appropriate to

  4  determine and ensure consistent, effective and efficient

  5  enforcement and compliance with the Florida Building Code.

  6  Guidelines shall include, but not be limited to, provisions

  7  for coordination among and between local offices with review

  8  responsibilities and their coordination with state or regional

  9  offices with special expertise.

10         Section 46.  Section 553.77, Florida Statutes, is

11  amended to read:

12         553.77  Specific powers of the commission board.--

13         (1)  The commission board shall:

14         (a)  Adopt rules and regulations or amendments thereto

15  in accordance with the procedures prescribed in chapter 120.

16         (b)  Make a continual study of the operation of the

17  State Minimum Building Codes and other laws relating to the

18  construction of buildings, including manufactured buildings,

19  to ascertain their effect upon the cost of building

20  construction and determine the effectiveness of their

21  provisions.

22         (c)  Upon written application by a private party or a

23  local enforcement agency, issue advisory opinions relating to

24  new technologies, techniques, and materials which have been

25  tested where necessary and found to meet the objectives of the

26  State Minimum Building Codes and the Florida Manufactured

27  Building Act of 1979.

28         (d)  Upon written application by a private party or a

29  local enforcement agency, issue advisory opinions relating to

30  the interpretation, enforcement, administration, or

31  modification by local governments of the State Minimum

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  1  Building Codes and the Florida Manufactured Building Act of

  2  1979.

  3         (e)  Make recommendations to, and provide assistance

  4  upon the request of, the Florida Commission on Human Relations

  5  regarding rules relating to handicapped accessibility.

  6         (f)  Coordinate and cooperate with the Florida Fire

  7  Code Advisory Council created under s. 633.72, for assistance

  8  and recommendations relating to firesafety code

  9  interpretations.

10         (2)  Upon written application by a private party or a

11  local enforcement agency, the commission board may also:

12         (a)  Provide for the testing of materials, devices, and

13  method of construction.

14         (b)  Appoint experts, consultants, technical advisers,

15  and advisory committees for assistance and recommendations

16  relating to the State Minimum Building Codes.

17         (c)  Appoint an advisory committee consisting of at

18  least five plumbing contractors licensed to do business in

19  this state for assistance and recommendations relating to

20  plumbing code interpretations, if the commission board

21  identifies the need for additional assistance in making

22  decisions regarding the State Plumbing Code.

23         (3)  With respect to the qualification program for

24  special inspectors of threshold buildings as required by s.

25  553.79(5)(c), the commission board may prescribe initial and

26  annual renewal fees for certification, by rule, in accordance

27  with chapter 120.

28         (4)(a)  Upon written application by a private party,

29  the commission board shall issue a binding opinion relating to

30  a state agency's interpretation and enforcement of the

31  specific model code adopted by the agency to regulate building

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  1  construction or relating to the conformity of new

  2  technologies, techniques, and materials to the objectives of

  3  that model code.  The provisions of this paragraph shall not

  4  be construed to provide any powers to the commission board

  5  with respect to any decision of the State Board of Education

  6  made pursuant to the provisions of s. 235.26, to the State

  7  Fire Marshal made pursuant to the provisions of chapter 633,

  8  to the Department of Management Services made pursuant to the

  9  provisions of s. 255.25, or to any local government decision

10  with respect to construction not subject to a state agency

11  model code.

12         (b)  Upon written applications by private parties or

13  the enforcement agency, the commission board may issue binding

14  opinions relating to the interpretation of ss. 553.71(7) and

15  553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a)

16  and (c).

17         (c)  Each opinion issued pursuant to this section shall

18  be rendered in the same manner provided in s. 120.565,

19  relating to declaratory statements.

20         (5)  The commission board may designate a commission

21  board member with demonstrated expertise in interpreting

22  building plans to attend each meeting of the advisory council

23  created in s. 553.512.  The commission board member may vary

24  from meeting to meeting, shall serve on the council in a

25  nonvoting capacity, and shall receive per diem and expenses as

26  provided in s. 553.74(3).

27         Section 47.  Effective January 1, 2001, section 553.77,

28  Florida Statutes, as amended by this act, is amended to read:

29         553.77  Specific powers of the commission.--

30         (1)  The commission shall:

31

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  1         (a)  Adopt and update the Florida Building Code rules

  2  and regulations or amendments thereto in accordance with the

  3  procedures prescribed in chapter 120.

  4         (b)  Make a continual study of the operation of the

  5  Florida State Minimum Building Code Codes and other laws

  6  relating to the design, construction, erection, alteration,

  7  modification, repair, or demolition of public or private of

  8  buildings, structures, and facilities, including manufactured

  9  buildings, and code enforcement, to ascertain their effect

10  upon the cost of building construction and determine the

11  effectiveness of their provisions. Upon updating the Florida

12  Building Code every 3 years, the commission shall review

13  existing provisions of law and make recommendations to the

14  Legislature for the next regular session of the Legislature

15  regarding provisions of law that should be revised or repealed

16  to ensure consistency with the Florida Building Code at the

17  point the update goes into effect. Any proposed legislation

18  providing for the revision or repeal of existing laws and

19  rules relating to technical requirements applicable to

20  building structures or facilities should expressly state that

21  such legislation is not intended to imply any repeal or sunset

22  of existing general or special laws that are not specifically

23  identified in the legislation.

24         (c)  Upon written application by any substantially

25  affected a private party or a local enforcement agency, issue

26  advisory opinions relating to new technologies, techniques,

27  and materials which have been tested where necessary and found

28  to meet the objectives of the Florida State Minimum Building

29  Code Codes and the Florida Manufactured Building Act of 1979.

30         (d)  Upon written application by any substantially

31  affected a private party or a local enforcement agency, issue

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  1  advisory opinions relating to the interpretation, enforcement,

  2  administration, or modification by local governments of the

  3  Florida State Minimum Building Code Codes and the Florida

  4  Manufactured Building Act of 1979.

  5         (e)  When requested in writing by any substantially

  6  affected party or a local enforcing agency, shall issue

  7  binding interpretations of part VII of chapter 553, which

  8  shall apply prospectively only.  The binding interpretations

  9  of the commission shall be subject to the processes as set

10  forth in s. 120.57, except that the administrative law judge's

11  order shall be final agency action.

12         (f)(e)  Make recommendations to, and provide assistance

13  upon the request of, the Florida Commission on Human Relations

14  regarding rules relating to handicapped accessibility for

15  persons with disabilities.

16         (g)(f)  Participate Coordinate and cooperate with the

17  Florida Fire Code Advisory Council created under s. 633.72, to

18  provide for assistance and recommendations relating to

19  firesafety code interpretations. The administrative staff of

20  the commission shall attend meetings of the Florida Fire Code

21  Advisory Council and coordinate efforts to provide consistency

22  between the Florida Building Code and the Florida Fire

23  Prevention Code and the Life Safety Code.

24         (h)  Hear appeals of the decisions of local boards of

25  appeal regarding interpretation decisions of local building

26  officials, or if no local board exists, hear appeals of

27  decisions of the building officials regarding interpretations

28  of the code.  For such appeals:

29         1. Local decisions declaring structures to be unsafe

30  and subject to repair or demolition shall not be appealable to

31

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  1  the commission if the local governing body finds there is an

  2  immediate danger to the health and safety of its citizens.

  3         2. All appeals shall be heard in the county of the

  4  jurisdiction defending the appeal.

  5         3. Actions of the commission are subject to the

  6  appellate process as set forth in s. 120.57, except an order

  7  of an administrative law judge shall be final agency action.

  8         (2)  Upon written application by a private party or a

  9  local enforcement agency, the commission may also:

10         (i)(a)  Determine the types of products requiring

11  approval for local or statewide use and shall provide for the

12  evaluation and approval testing of such products, materials,

13  devices, and method of construction for statewide use.

14  Evaluation and approval shall be by action of the commission

15  or delegated pursuant to s. 553.84. This paragraph does not

16  apply to products approved by the State Fire Marshal.

17         (j)(b)  Appoint experts, consultants, technical

18  advisers, and advisory committees for assistance and

19  recommendations relating to the major areas addressed in the

20  Florida State Minimum Building Code Codes.

21         (k)  Establish and maintain a mutual aid program,

22  organized through the department, to provide an efficient

23  supply of various levels of code enforcement personnel, design

24  professionals, commercial property owners, and construction

25  industry individuals, to assist in the rebuilding effort in an

26  area which has been hit with disaster.  The program shall

27  include provisions for:

28         1.  Minimum post-disaster structural, electrical, and

29  plumbing inspections and procedures.

30         2.  Emergency permitting and inspection procedures.

31

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  1         3.  Establishing contact with emergency management

  2  personnel and other state and federal agencies.

  3         (l)  Maintain a list of interested parties for noticing

  4  rulemaking workshops and hearings, disseminating information

  5  on code adoption, revisions, amendments, and all other such

  6  actions which are the responsibility of the commission.

  7         (m)  Coordinate with the state and local governments,

  8  industry, and other affected stakeholders in the examination

  9  of legislative provisions and make recommendations to fulfill

10  the responsibility to develop a consistent, single code.

11         (n)  Provide technical assistance to local building

12  departments in order to implement policies, procedures, and

13  practices which would produce the most cost effective property

14  insurance ratings.

15         (o)  Develop guidelines and qualifications for local

16  governments to use when pursuing partial or full privatization

17  of building department functions. The guidelines and

18  qualifications shall include, but not be limited to,

19  provisions relating to equivalency of service, conflict of

20  interest, requirements for competency, liability, insurance,

21  and long-term accountability.

22         (c)  Appoint an advisory committee consisting of at

23  least five plumbing contractors licensed to do business in

24  this state for assistance and recommendations relating to

25  plumbing code interpretations, if the commission identifies

26  the need for additional assistance in making decisions

27  regarding the State Plumbing Code.

28         (2)(3)  With respect to the qualification program for

29  special inspectors of threshold buildings as required by s.

30  553.79(5)(c), the commission may prescribe initial and annual

31

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  1  renewal fees for certification, by rule, in accordance with

  2  chapter 120.

  3         (3)(4)(a)  Upon written application by any

  4  substantially affected a private party, the commission shall

  5  issue a binding opinion relating to a state agency's

  6  interpretation and enforcement of the specific provisions of

  7  the Florida Building model Code required under this section

  8  adopted by the agency to regulate building construction or

  9  relating to the conformity of new technologies, techniques,

10  and materials to the objectives of the Florida Building that

11  model Code.  The provisions of this paragraph shall not be

12  construed to provide any powers, other than advisory, to the

13  commission with respect to any decision of the State Board of

14  Education made pursuant to the provisions of s. 235.26, to the

15  State Fire Marshal made pursuant to the provisions of chapter

16  633, to the Department of Management Services made pursuant to

17  the provisions of s. 255.25, or to any local government

18  decision with respect to construction not subject to a state

19  agency model code.

20         (b)  Upon written applications by private parties or

21  the enforcement agency, the commission may issue binding

22  opinions relating to the interpretation of ss. 553.71(7) and

23  553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a)

24  and (c).

25         (b)(c)  Each opinion issued pursuant to this section

26  shall be rendered in the same manner provided in s. 120.565,

27  relating to declaratory statements.

28         (4)(5)  The commission may designate a commission

29  member with demonstrated expertise in interpreting building

30  plans to attend each meeting of the advisory council created

31  in s. 553.512.  The commission member may vary from meeting to

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  1  meeting, shall serve on the council in a nonvoting capacity,

  2  and shall receive per diem and expenses as provided in s.

  3  553.74(3).

  4         (5)  The commission shall develop and publish a

  5  document which contains detailed descriptions of the roles and

  6  responsibilities of the licensed design professional,

  7  residential designer, contractor, and local building and fire

  8  code officials. The State Fire Marshal shall be responsible

  9  for developing and specifying roles and responsibilities for

10  fire code officials. Such document may also contain

11  descriptions of roles and responsibilities of other

12  participants involved in the building codes system.

13         (6)  The commission may provide for plans review and

14  approval of prototype buildings owned by public entities to be

15  replicated throughout the state.  Such approved plans or

16  prototype buildings shall be exempt from further review

17  required by s. 553.79(2) or any local amendment to any part of

18  the Florida Building Code.  Construction or erection of such

19  prototype buildings are subject to local permitting and

20  inspections pursuant to this part.

21         Section 48.  Effective January 1, 2001, section

22  553.781, Florida Statutes, is created to read:

23         553.781  Licensee accountability.--

24         (1)  The Legislature finds that accountability for work

25  performed by design professionals and contractors is the key

26  to strong and consistent compliance with the Florida Building

27  Code and, therefore, protection of the public health, safety,

28  and welfare. The purpose of this section is to provide such

29  accountability.

30         (2)(a)  Notwithstanding the provisions of ss. 455.227,

31  471.033, 481.225, 481.2251, 481.325, 489.129, or 489.531, upon

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  1  a final determination by a local jurisdiction, based on clear

  2  and convincing evidence, that a licensee, certificateholder,

  3  or registrant has committed a material violation of the

  4  Florida Building Code and failed to correct such violation

  5  within a reasonable time, such local jurisdiction shall impose

  6  a fine of no less than $500 and no more than $5,000 per

  7  material violation of the Florida Building Code and, in the

  8  case of a licensee under chapter 455, a registrant under

  9  chapter 471 or chapter 481, or a certificateholder or

10  registrant under chapter 489, shall recommend remedial

11  education or training, probation, or suspension or revocation

12  of the license, certificate, or registration to the

13  appropriate licensing authority having jurisdiction over the

14  license, certificate, or registration or the licensee,

15  certificateholder, or registrant. Unless appealed pursuant to

16  s. 553.77, failure to comply with the order of the local

17  jurisdiction within 45 days shall result in suspension of

18  licensure until compliance.

19         (b)  For purposes of a registrant under chapter 489,

20  the licensing authority shall report to the respective state

21  licensing board the material violation and any subsequent

22  action taken by the licensing authority within 30 days after

23  taking such action.

24         (3)  The recommendation shall be made after completion

25  of any appeal pursuant to s. 553.77 and shall contain findings

26  of fact, conclusions of law, and the recommended penalty.

27  After a recommendation by a local jurisdiction for remedial

28  education and training, probation, or suspension or revocation

29  of a certificate or registration has been served on the

30  certificateholder or registrant and the certificateholder or

31  registrant has not challenged such recommendation within 45

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  1  days after such service, the recommendation shall become a

  2  final action of the licensing authority. If the recommendation

  3  is challenged in a timely manner, the licensing authority

  4  shall determine the appropriate level of discipline.

  5         (4)  The Department of Business and Professional

  6  Regulation, as an integral part of the automated information

  7  system provided under s. 455.2286, shall establish, and local

  8  jurisdictions and state licensing boards shall participate in,

  9  a system of reporting violations and disciplinary actions

10  taken against all certificateholders and registrants under

11  this section that have been disciplined for a violation of the

12  Florida Building Code.  Such information shall be available

13  electronically. Any fines collected by a local jurisdiction

14  pursuant to subsection (2) shall be used initially to help set

15  up the parts of the reporting system for which such local

16  jurisdiction is responsible.  Any remaining moneys shall be

17  used solely for enforcing the Florida Building Code, licensing

18  activities relating to the Florida Building Code, or education

19  and training on the Florida Building Code.

20         (5)  Local jurisdictions shall maintain records,

21  readily accessible by the public, regarding material

22  violations and shall report such violations to the Department

23  of Business and Professional Regulation by means of the

24  reporting system provided in s. 455.2286.

25

26  For purposes of this section, a material code violation is a

27  violation which may reasonably result in physical harm to a

28  person or significant damage to a building or its systems. The

29  determination of the existence of any material violation and

30  specific corrective action shall be subject only to the

31  appellate process provided in s. 553.77 and shall not be

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  1  subject any other appeals or determinations. This provision

  2  shall not preclude the appropriate licensing authorities from

  3  administering discipline related to negligence or

  4  incompetence.

  5         Section 49.  Paragraph (c) of subsection (5) and

  6  subsection (15) of section 553.79, Florida Statutes, are

  7  amended to read:

  8         553.79  Permits; applications; issuance; inspections.--

  9         (5)

10         (c)  The commission board shall, by rule, establish a

11  qualification program for special inspectors and shall compile

12  a list of persons qualified to be special inspectors.  Special

13  inspectors shall not be required to meet standards for

14  qualification other than those established by the commission

15  board, nor shall the fee owner of a threshold building be

16  prohibited from selecting any person qualified by the

17  commission board to be a special inspector.  The architect or

18  engineer of record may act as the special inspector provided

19  she or he is on the list of persons qualified to be special

20  inspectors.  School boards may utilize employees as special

21  inspectors provided such employees are on the list of persons

22  qualified to be special inspectors.

23         (15)  Certifications by contractors authorized under

24  the provisions of s. 489.115(4)(b) shall be considered

25  equivalent to sealed plans and specifications by a person

26  licensed under chapter 471 or chapter 481 by local enforcement

27  agencies for plans review for permitting purposes relating to

28  compliance with the wind resistance provisions of the code or

29  alternate methodologies approved by the commission board for

30  one and two family dwellings. Local enforcement agencies may

31  rely upon such certification by contractors that the plans and

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  1  specifications submitted conform to the requirements of the

  2  code for wind resistance. Upon good cause shown, local

  3  government code enforcement agencies may accept or reject

  4  plans sealed by persons licensed under chapter 471, chapter

  5  481, or chapter 489.

  6         Section 50.  Effective January 1, 2001, subsections

  7  (1), (2), (3), (4), (6), (9), (10), and (14) of section

  8  553.79, Florida Statutes, are amended, and subsection (17) is

  9  added to said section, to read:

10         553.79  Permits; applications; issuance; inspections.--

11         (1)  After the effective date of the Florida State

12  Minimum Building Code Codes adopted as herein provided, it

13  shall be unlawful for any person, firm, or corporation, or

14  governmental entity to construct, erect, alter, modify,

15  repair, or demolish any building within this state without

16  first obtaining a permit therefor from the appropriate

17  enforcing agency or from such persons as may, by appropriate

18  resolution or regulation of the authorized state or local

19  enforcing agency, be delegated authority to issue such

20  permits, upon the payment of such reasonable fees adopted by

21  the enforcing agency.  The enforcing agency is empowered to

22  revoke any such permit upon a determination by the agency that

23  the construction, erection, alteration, modification, repair,

24  or demolition of the building for which the permit was issued

25  is in violation of, or not in conformity with, the provisions

26  of the Florida State Minimum Building Code Codes.

27  Installation, replacement, removal, or metering of any load

28  management control device is exempt from and shall not be

29  subject to the permit process and fees otherwise required by

30  this section.

31

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  1         (2)  After January 1, 1988, No enforcing agency may

  2  issue any permit for construction, erection, alteration,

  3  modification, repair, or demolition until the local building

  4  code administrator or inspector, in conjunction with the

  5  appropriate firesafety inspector, has reviewed the plans and

  6  specifications for such proposal and both officials have found

  7  the plans to be in compliance with the Florida applicable

  8  State Minimum Building Code Codes and the Florida Fire

  9  Prevention Code and the Life Safety Code applicable firesafety

10  standards as determined by the local authority in accordance

11  with this chapter and chapter 633. Building plans approved

12  pursuant to s. 553.77(6) and state-approved manufactured

13  buildings are exempt from local codes enforcing agency plan

14  reviews except for provisions of the code relating to

15  erection, assembly, or construction at the site.  Erection,

16  assembly, and construction at the site are subject to local

17  permitting and inspections. Any building or structure which is

18  not subject to a firesafety code and any building or structure

19  which is exempt from the local building permit process shall

20  not be required to have its plans reviewed by the local

21  officials.  Industrial construction on sites where design,

22  construction, and firesafety are supervised by appropriate

23  design and inspection professionals and which contain adequate

24  in-house fire departments and rescue squads is exempt, subject

25  to local government option, from review of plans and

26  inspections, providing owners certify that applicable codes

27  and standards have been met and supply appropriate approved

28  drawings to local building and firesafety inspectors.  The

29  enforcing agency shall issue a permit to construct, erect,

30  alter, modify, repair, or demolish any building when the plans

31  and specifications for such proposal comply with the

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  1  provisions of the Florida State Minimum Building Code Codes

  2  and the Florida Fire Prevention Code and the Life Safety Code

  3  applicable firesafety standards as determined by the local

  4  authority in accordance with this chapter and chapter 633.

  5         (3)  Except as provided in this chapter, the Florida

  6  State Minimum Building Code Codes, after the effective date of

  7  their adoption pursuant to the provisions of this part, shall

  8  supersede all other building construction codes or ordinances

  9  in the state, whether at the local or state level and whether

10  adopted by administrative regulation or by legislative

11  enactment, unless such building construction codes or

12  ordinances are more stringent than the State Minimum Building

13  Codes and the conditions of s. 553.73(4) are met.  However,

14  this subsection does not apply to the manufacture of mobile

15  homes as defined by federal law chapter 320.  Nothing

16  contained in this subsection shall be construed as nullifying

17  or divesting appropriate state or local agencies of authority

18  to make inspections or to enforce the codes within their

19  respective areas of jurisdiction.

20         (4)  The Florida State Minimum Building Code Codes,

21  after the effective date of their adoption pursuant to the

22  provisions of this part, may be modified by local governments

23  to require more stringent standards than those specified in

24  the Florida State Minimum Building Code Codes, provided the

25  conditions of s. 553.73(4) are met.

26         (6)  No permit may be issued for any building

27  construction, erection, alteration, modification, repair, or

28  addition unless the applicant for such permit provides to the

29  enforcing agency which issues the permit any of the following

30  documents which apply to the construction for which the permit

31  is to be issued:

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  1         (a)  Electrical documents for any new building or

  2  addition which requires an aggregate service capacity of 600

  3  amperes (240 volts) or more on a residential electrical system

  4  or 800 amperes (240 volts) or more on a commercial or

  5  industrial electrical system and which costs more than

  6  $50,000.

  7         (b)  Plumbing documents for any new building or

  8  addition which requires a plumbing system with more than 250

  9  fixture units or which costs more than $50,000.

10         (c)  Fire sprinkler documents for any new building or

11  addition which includes a fire sprinkler system which contains

12  50 or more sprinkler heads.  A Contractor I, Contractor II, or

13  Contractor IV, certified under s. 633.521, may design a fire

14  sprinkler system of 49 or fewer heads and may design the

15  alteration of an existing fire sprinkler system if the

16  alteration consists of the relocation, addition, or deletion

17  of not more than 49 heads, notwithstanding the size of the

18  existing fire sprinkler system.

19         (d)  Heating, ventilation, and air-conditioning

20  documents for any new building or addition which requires more

21  than a 15-ton-per-system capacity which is designed to

22  accommodate 100 or more persons or for which the system costs

23  more than $50,000.  This paragraph does not include any

24  document for the replacement or repair of an existing system

25  in which the work does not require altering a structural part

26  of the building or for work on a residential one-family,

27  two-family, three-family, or four-family structure.

28         (e)  Any specialized mechanical, electrical, or

29  plumbing document for any new building or addition which

30  includes a medical gas, oxygen, steam, vacuum, toxic air

31

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  1  filtration, halon, or fire detection and alarm system which

  2  costs more than $5,000.

  3

  4  Documents requiring an engineer seal by this part No such

  5  document shall not be valid unless a professional engineer who

  6  possesses a valid certificate of registration has signed,

  7  dated, and stamped such document as provided in s. 471.025.

  8         (9)  Any state agency with building construction

  9  responsibility may enter into an agreement with any other unit

10  of government to delegate its responsibility to enforce the

11  delegate's building code governing the construction, erection,

12  alteration, repair, or demolition of any state building and is

13  authorized to expend public funds for permit and inspection

14  fees, which fees may be no greater than the fees charged

15  others.

16         (10)  An enforcing authority may not issue a building

17  permit for any building construction, erection, alteration,

18  modification, repair, or addition unless the permit either

19  includes on its face or there is attached to the permit the

20  following statement: "NOTICE: In addition to the requirements

21  of this permit, there may be additional restrictions

22  applicable to this property that may be found in the public

23  records of this county, and there may be additional permits

24  required from other governmental entities such as water

25  management districts, state agencies, or federal agencies."

26         (14)  A building permit for a single-family residential

27  dwelling must be issued within 30 working days of application

28  therefor unless unusual circumstances require a longer time

29  for processing the application or unless the permit

30  application fails to satisfy the Florida Building Code or the

31  enforcing agency's laws or, ordinances, or codes.

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  1         (17)  Notwithstanding any other provision of law, state

  2  agencies responsible for the construction, erection,

  3  alteration, modification, repair, or demolition of public

  4  buildings, or the regulation of public and private buildings,

  5  structures, and facilities, shall be subject to enforcement of

  6  the Florida Building Code by local jurisdictions. This

  7  subsection applies in addition to the jurisdiction and

  8  authority of the Department of Insurance to inspect

  9  state-owned buildings. This subsection does not apply to the

10  jurisdiction and authority of the Department of Agriculture

11  and Consumer Services to inspect amusement rides or the

12  Department of Insurance to inspect state owned buildings and

13  boilers.

14         Section 51.  Subsection (1) of section 553.80, Florida

15  Statutes, is amended to read:

16         553.80  Enforcement.--

17         (1)  It shall be the responsibility of each local

18  government, each legally constituted enforcement district, and

19  each state agency with statutory authority to regulate

20  building construction to enforce the building code adopted by

21  such body in accordance with s. 553.73, unless such

22  responsibility has been delegated to another unit of

23  government pursuant to s. 553.79(9). The governing bodies of

24  local governments may provide a schedule of fees for the

25  enforcement of the provisions of this part.  Such fees shall

26  be used solely for carrying out the local government's

27  responsibilities in enforcing the code. The authority of state

28  enforcing agencies to set fees for enforcement shall be

29  derived from authority existing on the effective date of this

30  act. However, nothing contained in this subsection shall

31

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  1  operate to limit such agencies from adjusting their fee

  2  schedule in conformance with existing authority.

  3         Section 52.  Effective January 1, 2001, section 553.80,

  4  Florida Statutes, as amended by this act, is amended to read:

  5         553.80  Enforcement.--

  6         (1)  It shall be the responsibility of each local

  7  government and, each legally constituted enforcement district,

  8  and each state agency with statutory authority to regulate

  9  building construction to enforce the Florida Building Code

10  required by this part on all public or private buildings,

11  structures, and facilities adopted by such body in accordance

12  with s. 553.73, unless such responsibility has been delegated

13  to another unit of government pursuant to s. 553.79(9). The

14  governing bodies of local governments may provide a schedule

15  of fees, as authorized by s. 125.56(2) or s. 166.222 and this

16  section, for the enforcement of the provisions of this part.

17  Such fees shall be used solely for carrying out the

18  responsibilities of enforcing the Florida Building Code. If a

19  local government finds it necessary, in order to enforce

20  compliance with the Florida Building Code, to conduct any

21  inspection after an initial inspection and a subsequent

22  reinspection of any project or activity and the local

23  government imposes a fee for such inspections, the local

24  government shall impose a fee of up to four times the amount

25  of the fee imposed for the initial inspection or first

26  reinspection for each such subsequent reinspection. The

27  authority of state enforcing agencies to set fees for

28  enforcement shall be derived from authority existing on the

29  effective date of this act. However, nothing contained in this

30  subsection shall operate to limit such agencies from adjusting

31  their fee schedule in conformance with existing authority.

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  1         (2)  Except for charter counties, Any two or more

  2  counties or municipalities, or any combination thereof, may,

  3  in accordance with the provisions of chapter 163, governing

  4  interlocal agreements, form an enforcement district for the

  5  purpose of adopting, enforcing, and administering the

  6  provisions of the Florida State Minimum Building Code Codes.

  7  Each district so formed shall be registered with the

  8  department on forms to be provided for that purpose. Nothing

  9  in this subsection shall be construed to supersede provisions

10  of county charters which preempt municipal authorities

11  respective to building codes.

12         (3)  Each enforcement district shall be governed by a

13  board, the composition of which shall be determined by the

14  affected localities.  At its own option each enforcement

15  district or local enforcement agency may promulgate rules

16  granting to the owner of a single-family residence one or more

17  exemptions from the Florida State Minimum Building Code Codes

18  relating to:

19         (a)  Addition, alteration, or repairs performed by the

20  property owner upon his or her own property, provided any

21  addition or alteration shall not exceed 1,000 square feet or

22  the square footage of the primary structure, whichever is

23  less.

24         (b)  Addition, alteration, or repairs by a nonowner

25  within a specific cost limitation set by rule, provided the

26  total cost shall not exceed $5,000 within any 12-month period.

27         (c)  Building and inspection fees.

28

29  Each code exemption, as defined in paragraphs (a), (b), and

30  (c), shall be certified to the local board 10 days prior to

31  implementation and shall only be effective in the territorial

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  1  jurisdiction of the enforcement district or local enforcement

  2  agency implementing it.

  3         (4)  When an enforcement district has been formed as

  4  provided herein, upon its registration with the department, it

  5  shall have the same authority and responsibility with respect

  6  to building codes as provided by this part for local governing

  7  bodies.

  8         (5)  State and regional agencies with special expertise

  9  in building code standards and licensing of contractors and

10  design professionals shall provide support to local

11  governments upon request.

12         Section 53.  Section 553.841, Florida Statutes, is

13  created to read:

14         553.841  Building code training program; participant

15  competency requirements.--

16         (1)  The Legislature finds that the effectiveness of

17  the building codes of this state depends on the performance of

18  all participants, as demonstrated through knowledge of the

19  codes and commitment to compliance with code directives and

20  that to strengthen compliance by industry and enforcement by

21  government, a Building Code Training Program is needed.

22         (2)  The commission shall establish the Building Code

23  Training Program to develop and provide a core curriculum and

24  advance module courses relating to the Florida Building Code

25  and a system of administering and enforcing the Florida

26  Building Code.

27         (3)  The program shall be developed, implemented, and

28  administered by the commission in consultation with the

29  Department of Education, the Department of Community Affairs,

30  the Department of Business and Professional Regulation, the

31

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  1  State University System, and the Division of Community

  2  Colleges.

  3         (4)  The commission may enter into contracts with the

  4  Department of Education, the State University System, the

  5  Division of Community Colleges, model code organizations,

  6  professional organizations, vocational-technical schools,

  7  trade organizations, and private industry to administer the

  8  program.

  9         (5)  The program shall be affordable, accessible,

10  meaningful, financially self-sufficient and shall make maximum

11  use of existing sources, systems, institutions, and programs

12  available through private sources.

13         (6)  The commission, in coordination with the

14  Department of Community Affairs, the Department of Business

15  and Professional Regulation, the respective licensing boards,

16  and the State Fire Marshal shall develop or cause to be

17  developed:

18         (a)  A core curriculum which is prerequisite to all

19  specialized and advanced module course work.

20         (b)  A set of specialized and advanced modules

21  specifically designed for use by each profession.

22         (7)  The core curriculum shall cover the information

23  required to have all categories of participants appropriately

24  informed as to their technical and administrative

25  responsibilities in the effective execution of the code

26  process by all individuals currently licensed under part XII

27  of chapter 468 or chapters 471, 481, or 489, except as

28  otherwise provided in s. 471.017.  The core curriculum shall

29  be prerequisite to the advanced module course work for all

30  licensees and shall be completed by individuals licensed in

31  all categories under part XII of chapter 468 or chapters 471,

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  1  481, or 489 within the first 2-year period after establishment

  2  of the program. Core course hours taken by licensees to

  3  complete this requirement shall count toward fulfillment of

  4  required continuing education units under part XII of chapter

  5  468 or chapters 471, 481, or 489.

  6         (8)  The commission, in consultation with the

  7  Department of Business and Professional Regulation and the

  8  respective licensing boards, shall develop or cause to be

  9  developed an equivalency test for each category of licensee.

10  Such test may be taken in lieu of the core curriculum. A

11  passing score on the test shall be equivalent to completion of

12  the core curriculum and shall be credited toward the required

13  number of hours of continuing education.

14         (9)  The commission, in consultation with the

15  Department of Business and Professional Regulation, shall

16  develop or cause to be developed, or approve as a part of the

17  program,  a core curriculum and specialized or advanced module

18  course work for the construction workforce, including, but not

19  limited to, superintendents, journeymen, and residential

20  designers.

21         (10)  The respective state boards under part XII of

22  chapter 468, chapters 471, 481, and 489, and the State Fire

23  Marshal under chapter 633, shall require specialized or

24  advanced course modules as part of their regular continuing

25  education requirements.

26         Section 54.  (1)  The commission, in consultation with

27  the respective professional licensing boards within the

28  Department of Business and Professional Regulation, the

29  Department of Education, the Department of Labor and

30  Employment Security, the State University System, Community

31  Colleges, and the entity administering the Code Training

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  1  Program, shall develop a program and standards for providing

  2  entry level construction workers:

  3         (a)  Long-term training intended to produce crafts

  4  people who are competent to perform all tasks associated with

  5  a specific trade.

  6         (b)  Short-term intensive training intended to teach

  7  specific skills within a trade.

  8         (c)  Brief in-service training intended to inform

  9  workers regarding new code requirements, construction

10  techniques, and materials.

11         (2)  The commission, in consultation with the

12  respective licensing boards within the Department of Business

13  and Professional Regulation, the Department of Education, the

14  State University System, the Division of Community Colleges,

15  and the Department of Labor and Employment Security, shall

16  develop a proposed method of implementing the training

17  programs in subsection (1) that is a combination of:

18         (a)  Mandatory licensing which enforces initial

19  qualification requirements and continuing education

20  requirements.

21         (b)  Mandatory training which establishes and enforces

22  training standards.

23         (c)  Voluntary training not enforced by a government

24  agency.

25         (3)  The commission shall present the implementation

26  proposal to the Legislature in a report no later than January

27  31, 2000.

28         Section 55.  Section 553.842, Florida Statutes, is

29  created to read:

30         553.842  Product evaluation and approval.--

31

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  1         (1)  The commission shall develop a product evaluation

  2  and approval system to operate in coordination with the

  3  Florida Building Code.  The product evaluation and approval

  4  system shall provide, pursuant to rules and procedures adopted

  5  pursuant to chapter 120, for:

  6         (a)  Appropriate promotion of innovation and new

  7  technologies.

  8         (b)  Processing submittals of products from

  9  manufacturers in a timely manner.

10         (c)  Independent, third-party qualified and accredited

11  testing and laboratory facilities.

12         (d)  An easily accessible product acceptance list to

13  entities subject to the Florida Building Code.

14         (e)  Development of stringent but reasonable testing

15  criteria based upon existing consensus standards, when

16  available, for products.

17         (f)  Long-term approvals, where feasible.

18         (g)  Recall or revocation of a product approval.

19         (h)  Cost effectiveness.

20         (2)  The product evaluation and approval system shall

21  rely on regional, national, and international consensus

22  standards, whenever adopted by the Florida Building Code, for

23  demonstrating compliance with code standards.  Other standards

24  which meet or exceed established state requirements shall also

25  be considered.

26         (3)  Products or methods or systems of construction

27  required to be approved and certified by an approved product

28  evaluation entity as complying with the standards specified by

29  the code shall be permitted to be used statewide, without

30  further evaluation or approval.

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  1         (4)  Products may be approved either by the commission

  2  for statewide use, or by a local building department for use

  3  in that department's jurisdiction only. Notwithstanding a

  4  local government's authority to amend the Florida Building

  5  Code as provided in this act, statewide approval shall

  6  preclude local jurisdictions from requiring further testing,

  7  evaluation, or submission of other evidence as a condition of

  8  using the product so long as the product is being used

  9  consistent with the conditions of its approval.

10         (5)  Statewide and local approval of products or

11  methods or systems of construction shall be achieved by:

12         (a)  Submittal and validation of a product evaluation

13  report from an approved product evaluation entity indicating

14  the product or method or system of construction was tested to

15  be in compliance with the Florida Building Code or with the

16  intent of the Florida Building Code and the product or method

17  or system of construction is, for the purpose intended, at

18  least equivalent of that required by the Florida Building

19  Code; or

20         (b)  Submittal and validation of a product evaluation

21  report or rational analysis which is signed and sealed by a

22  professional engineer or architect, licensed in this state,

23  who has no conflict of interest, as determined by national

24  guidelines, who certifies that the product or method or system

25  of construction is, for the purpose intended, at least

26  equivalent of that required by the Florida Building Code.  Any

27  product approved under this procedure shall be required to be

28  manufactured under a quality assurance program, certified by

29  an approved product evaluation entity.

30         (6)  A building official may deny the local application

31  of a product or method or system of construction which has

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  1  received statewide approval, based upon a written report

  2  signed by the official that concludes the product application

  3  is inconsistent with the statewide approval and that states

  4  the reasons the application is inconsistent.  Such denial of

  5  an application may be appealed to the commission pursuant to

  6  s. 553.77.

  7         (7)  Products, other than manufactured buildings, which

  8  are custom fabricated or assembled shall not require separate

  9  approval under this section provided the component parts have

10  been approved for the fabricated or assembled product's use

11  and the components meet the standards and requirements of the

12  Florida Building Code which applies to the products's intended

13  use.

14         (8)  A building official may appeal the required

15  approval for local use of a product or method or system of

16  construction to the commission.  The commission shall

17  establish expedited procedures to handle such appeals.

18         (9)  The decisions of local building officials shall be

19  appealable to the local board of appeals, if such board

20  exists, then to the commission. Decisions of the commission

21  regarding statewide product approvals and appeals of local

22  product approval shall be subject to appeal according to the

23  procedures set forth in s. 120.57, except the order of an

24  administrative law judge shall be final agency action.

25         (10)  The commission shall maintain a list of the

26  approved products and product evaluation entities and make

27  such list available in the most cost effective manner.  The

28  commission shall establish reasonable time frames associated

29  with the product approval process and availability of the

30  list.

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  1         (11)  The commission may establish reasonable and

  2  appropriate fees for the review of rational analyses and

  3  certification of manufactured buildings submitted pursuant to

  4  this section and may enter into any contracts the commission

  5  deems necessary in order to implement this section.

  6         (12)  Products certified or approved for statewide or

  7  local use by an approved product evaluation entity prior to

  8  the effective date of this act shall be deemed to be approved

  9  for use in this state pursuant to this section and to comply

10  with this section.

11

12  For purposes of this section, an approved product evaluation

13  entity is an entity that has been accredited by a nationally

14  recognized independent evaluation authority or entity

15  otherwise approved by the commission.

16         Section 56.  Effective January 1, 2001, paragraph (c)

17  of subsection (2) of section 627.351, Florida Statutes, is

18  amended to read:

19         627.351  Insurance risk apportionment plans.--

20         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

21         (c)  The provisions of paragraph (b) are applicable

22  only with respect to:

23         1.  Those areas that were eligible for coverage under

24  this subsection on April 9, 1993; or

25         2.  Any county or area as to which the department,

26  after public hearing, finds that the following criteria exist:

27         a.  Due to the lack of windstorm insurance coverage in

28  the county or area so affected, economic growth and

29  development is being deterred or otherwise stifled in such

30  county or area, mortgages are in default, and financial

31  institutions are unable to make loans;

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  1         b.  The county or area so affected has adopted and is

  2  enforcing the structural requirements of the Florida State

  3  Minimum Building Code Codes, as defined in s. 553.73, for new

  4  construction and has included adequate minimum floor elevation

  5  requirements for structures in areas subject to inundation;

  6  and

  7         c.  Extending windstorm insurance coverage to such

  8  county or area is consistent with and will implement and

  9  further the policies and objectives set forth in applicable

10  state laws, rules, and regulations governing coastal

11  management, coastal construction, comprehensive planning,

12  beach and shore preservation, barrier island preservation,

13  coastal zone protection, and the Coastal Zone Protection Act

14  of 1985.

15

16  The department shall consider reports of the Florida Building

17  Commission when evaluating building code enforcement. Any time

18  after the department has determined that the criteria referred

19  to in this subparagraph do not exist with respect to any

20  county or area of the state, it may, after a subsequent public

21  hearing, declare that such county or area is no longer

22  eligible for windstorm coverage through the plan.

23         Section 57.  Effective January 1, 2001, subsection (1)

24  of section 633.01, Florida Statutes, is amended, and

25  subsections (7) and (8) are added to said section, to read:

26         633.01  State Fire Marshal; powers and duties; rules.--

27         (1)  The head of the Department of Insurance shall be

28  designated as "State Fire Marshal."  The State Fire Marshal

29  shall make and promulgate all rules necessary to implement the

30  provisions of this chapter which grant powers and impose

31  duties on the State Fire Marshal and to effectuate the

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  1  enforcement of such powers and duties.  However, The

  2  department shall not adopt the Florida Fire Prevention Code

  3  and the Life Safety Code minimum firesafety standards, except

  4  to the extent required by s. 394.879.

  5         (7)  It is the intent of the Legislature that there are

  6  to be no conflicting requirements between the Florida Fire

  7  Prevention Code and the Life Safety Code authorized by this

  8  chapter and the provisions of the Florida Building Code or

  9  conflicts in their enforcement and interpretation.  Potential

10  conflicts shall be resolved through coordination and

11  cooperation of the State Fire Marshal and the Florida Building

12  Commission as provided by this chapter and part VII of chapter

13  553.

14         (8)  The Department of Insurance shall issue, when

15  requested in writing by any substantially affected party or a

16  local enforcing agency, binding interpretations of the Florida

17  Fire Prevention Code and the Life Safety Code.  Such

18  interpretations shall apply prospectively, except whenever the

19  State Fire Marshal determines that a serious threat to life

20  exists that warrants retroactive application.

21         Section 58.  Effective January 1, 2001, section

22  633.0215, Florida Statutes, is created to read:

23         633.0215  Florida Fire Prevention Code.--

24         (1)  The department shall adopt the Florida Fire

25  Prevention Code which shall contain or incorporate by

26  reference all firesafety laws and rules that pertain to and

27  govern the design, construction, erection, alteration,

28  modification, repair, and demolition of public and private

29  buildings, structures, and facilities and the enforcement of

30  such firesafety laws and rules.

31

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  1         (2)  The department shall adopt the National Fire

  2  Protection Association's Standard 1, Fire Prevention Code.

  3  The department shall adopt the Life Safety Code, Pamphlet 101,

  4  current editions, by reference.  The department may modify the

  5  selected codes and standards as needed to accommodate the

  6  specific needs of the state.  Standards or criteria in the

  7  selected codes shall be similarly incorporated by reference.

  8  The department shall incorporate within sections of the

  9  Florida Fire Prevention Code provisions that address uniform

10  fire safety standards as established in s. 633.022.  The

11  department shall incorporate within sections of the Florida

12  Fire Prevention Code provisions addressing regional and local

13  concerns and variations.

14         (3)  Any local amendment to the Florida Fire Prevention

15  Code adopted by a local government shall be effective only

16  until the adoption by the department of the new edition of the

17  Florida Fire Prevention Code, which shall be every third year.

18  At such time, the department shall adopt such amendment as

19  part of the Florida Fire Prevention Code or rescind the

20  amendment.  Adoption or recission of the amendment by the

21  department shall take effect 90 days after the department

22  takes such action.  The department shall immediately notify

23  the respective local government of the rescission of the

24  amendment. After receiving such notice, the respective local

25  government may readopt the rescinded amendment.  Incorporation

26  of local amendments as regional and local concerns and

27  variations shall be considered as adoption of an amendment

28  pursuant to this part.  Notwithstanding other state or local

29  building and construction code laws to the contrary, locally

30  adopted fire code requirements that were in existence on the

31  effective date of this section shall be deemed local

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  1  variations of the Florida Fire Prevention Code until the

  2  department takes action to adopt or rescind such requirements

  3  as provided herein and such action shall take place no later

  4  than January 1, 2001.

  5         (4)  The department shall update the Florida Fire

  6  Prevention Code every 3 years.  Once initially adopted and

  7  subsequently updated by the department, the Florida Fire

  8  Prevention Code and the Life Safety Code shall be adopted for

  9  use statewide without adoptions by local governments.  When

10  updating the Florida Fire Prevention Code and the most recent

11  edition of the Life Safety Code, the department shall consider

12  changes made by the national model fire codes incorporated

13  into the Florida Fire Prevention Code, the department's own

14  binding interpretations, advisory opinions, appellate

15  decisions, and approved statewide and local technical

16  amendments.

17         (5)  The department may approve technical amendments

18  notwithstanding the 3-year update cycle of the Florida Fire

19  Prevention Code upon finding that a threat to life exists that

20  would warrant such action, subject to chapter 120.

21         (6)  The Florida Fire Prevention Code does not apply

22  to, and no code enforcement action shall be brought with

23  respect to, zoning requirements or land use requirements.

24  Additionally, a local code enforcement agency may not

25  administer or enforce the Florida Fire Prevention Code to

26  prevent the siting of any state correctional facility,

27  juvenile justice facility, or state university, community

28  college, or public education facility.  This section shall not

29  be construed to prohibit local government from imposing

30  built-in fire protection systems or fire-related

31

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  1  infrastructure requirements needed to properly protect the

  2  intended facility.

  3         Section 59.  Effective January 1, 2001, section

  4  633.025, Florida Statutes, is amended to read:

  5         633.025  Minimum firesafety standards.--

  6         (1)  The Florida Fire Prevention Code and the Life

  7  Safety Code adopted by the Department of Insurance, Each

  8  municipality, county, and special district with firesafety

  9  responsibilities shall adopt minimum firesafety standards

10  which shall operate in conjunction with the Florida state

11  minimum Building Code, shall be deemed adopted by each

12  municipality, county, and special district with firesafety

13  responsibilities such local jurisdiction as required by s.

14  553.73.  The minimum firesafety codes standards shall not

15  apply to buildings and structures subject to the uniform

16  firesafety standards under s. 633.022 and buildings and

17  structures subject to the minimum firesafety standards adopted

18  pursuant to s. 394.879.

19         (2)  Pursuant to subsection (1), each municipality,

20  county, and special district with firesafety responsibilities

21  shall adopt and enforce the Florida Fire Prevention Code and

22  the Life Safety Code codes specified in paragraph (a),

23  paragraph (b), paragraph (c), or paragraph (d) as the minimum

24  firesafety code required by this section:

25         (a)  The Standard Fire Prevention Code, 1985 edition or

26  subsequent edition, as adopted by the Southern Building Code

27  Congress International.

28         (b)  The EPCOT Fire Prevention Code.

29         (c)  The National Fire Protection Association (NFPA)

30  Pamphlet 1, 1985 edition or subsequent edition.

31

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  1         (d)  The South Florida Fire Prevention Code, subject to

  2  the provisions of subsection (4).

  3         (3)  The most current edition of the In addition, each

  4  municipality, county, and special district with firesafety

  5  responsibilities shall adopt National Fire Protection

  6  Association (NFPA) 101, Life Safety Code, adopted by the

  7  Department of Insurance, shall be deemed to be adopted by each

  8  municipality, county, and special district with firesafety

  9  responsibilities , 1985 edition or subsequent edition, as part

10  of the minimum firesafety code.

11         (4)  It is the intent of the Legislature that a South

12  Florida Fire Prevention Code be promulgated as a further

13  option to counties, municipalities, and special districts with

14  firesafety responsibilities as an alternative to the

15  firesafety codes specified in paragraphs (2)(a), (b), and (c).

16  In the event that an appropriate South Florida Fire Prevention

17  Code is submitted by the Broward County Board of Rules and

18  Appeals or the Dade County Board of Rules and Appeals to the

19  Legislature by March 1, 1988, such code or codes shall be

20  deemed to be an alternative to the firesafety codes specified

21  in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless

22  the Legislature expressly prohibits the use of such code.

23  Until July 1, 1988, Dade and Broward Counties may use the

24  firesafety standards within their current Fire Prevention Code

25  as an alternative.  In the event Dade or Broward County fails

26  to adopt a South Florida Fire Prevention Code as of July 1,

27  1988, then such county shall be subject to subsections (2),

28  (3), and (6).

29         (4)(5)  Such codes shall be minimum codes and a

30  municipality, county, or special district with firesafety

31  responsibilities may adopt more stringent firesafety

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  1  standards, subject to the requirements of this subsection.

  2  Such county, municipality, or special district may establish

  3  alternative requirements to those requirements which are

  4  required under the minimum firesafety standards on a

  5  case-by-case basis, in order to meet special situations

  6  arising from historic, geographic, or unusual conditions, if

  7  the alternative requirements result in a level of protection

  8  to life, safety, or property equal to or greater than the

  9  applicable minimum firesafety standards. For the purpose of

10  this subsection, the term "historic" means that the building

11  or structure is listed on the National Register of Historic

12  Places of the United States Department of the Interior.

13         (a)  The local governing body shall determine,

14  following a public hearing which has been advertised in a

15  newspaper of general circulation at least 10 days before the

16  hearing, if there is a need to strengthen the requirements of

17  the minimum firesafety code adopted by such governing body.

18  The determination must be based upon a review of local

19  conditions by the local governing body, which review

20  demonstrates that local conditions justify more stringent

21  requirements than those specified in the minimum firesafety

22  code for the protection of life and property or justify

23  requirements that meet special situations arising from

24  historic, geographic, or unusual conditions.

25         (b)  Such additional requirements shall not be

26  discriminatory as to materials, products, or construction

27  techniques of demonstrated capabilities.

28         (c)  Paragraphs (a) and (b) apply solely to the local

29  enforcing agency's adoption of requirements more stringent

30  than those specified in the Florida Fire Prevention Code and

31  the Life Safety Code that have the effect of amending building

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  1  construction standards. Upon request, the enforcing agency

  2  shall provide a person making application for a building

  3  permit, or any state agency or board with construction-related

  4  regulation responsibilities, a listing of all such

  5  requirements and codes.

  6         (d)  A local government which adopts amendments to the

  7  minimum firesafety code must provide a procedure by which the

  8  validity of such amendments may be challenged by any

  9  substantially affected party to test the amendment's

10  compliance with the provisions of this section.

11         1.  Unless the local government agrees to stay

12  enforcement of the amendment, or other good cause is shown,

13  the challenging party shall be entitled to a hearing on the

14  challenge within 45 days.

15         2.  For purposes of such challenge, the burden of proof

16  shall be on the challenging party, but the amendment shall not

17  be presumed to be valid or invalid.

18

19  A substantially affected party may appeal, to the Department

20  of Insurance, the local government's resolution of the

21  challenge and the department shall determine if the amendment

22  complies with this section. The department shall consider

23  reports of the Florida Building Commission, pursuant to part

24  VII of chapter 533, when evaluating building code enforcement.

25         (6)  The minimum firesafety standards that counties,

26  municipalities, and special districts are required to adopt

27  pursuant to this section shall be adopted by January 1, 1988.

28  No municipality or county or special district shall be

29  required to amend an ordinance which presently complies with

30  this section.  In the event that any such local governmental

31  entity fails to adopt minimum firesafety standards by January

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  1  1, 1988, the minimum firesafety standards shall consist of the

  2  Standard Fire Prevention Code, 1985 edition, and National Fire

  3  Protection Association (NFPA) 101, Life Safety Code, 1985

  4  edition.

  5         (5)(7)  The new building or structure provisions

  6  enumerated within the firesafety code adopted pursuant to this

  7  section shall apply only to buildings or structures for which

  8  the building permit is issued on or after the effective date

  9  of this act January 1, 1988.  Subject to the provisions of

10  subsection (6) (8), the existing building or structure

11  provisions enumerated within the firesafety code adopted

12  pursuant to this section shall apply to buildings or

13  structures for which the building permit was issued or the

14  building or structure was constructed prior to the effective

15  date of this act January 1, 1988.

16         (6)(8)  With regard to existing buildings, the

17  Legislature recognizes that it is not always practical to

18  apply any or all of the provisions of the minimum firesafety

19  code and that physical limitations may require

20  disproportionate effort or expense with little increase in

21  lifesafety.  Prior to applying the minimum firesafety code to

22  an existing building, the local fire official shall determine

23  that a threat to lifesafety or property exists. If a threat to

24  lifesafety or property exists, the fire official shall apply

25  the applicable firesafety code for existing buildings to the

26  extent practical to assure a reasonable degree of lifesafety

27  and safety of property or the fire official shall fashion a

28  reasonable alternative which affords an equivalent degree of

29  lifesafety and safety of property.  The decision of the local

30  fire official may be appealed to the local administrative

31  board described in s. 553.73.

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  1         (7)(9)  Nothing herein shall preclude a municipality,

  2  county, or special district from requiring a structure to be

  3  maintained in accordance with the applicable firesafety code.

  4         (10)  With respect to standards established by the

  5  National Fire Protection Association (NFPA) 101, Life Safety

  6  Code, 1985 edition, s. 19-3.4.2.1, those standards shall not

  7  apply to structures having direct access to the outside from

  8  each living unit and having three stories or less.

  9         (8)(11)  With respect to standards established by the

10  National Fire Protection Association (NFPA) 101, Life Safety

11  Code, 1985 edition, s. 19-3.4.4.1, Battery operated smoke

12  detectors shall be considered as an approved detection device

13  for residential buildings having direct access to the outside

14  from each living unit and having three stories or less.

15         (9)  The provisions of the Life Safety Code shall not

16  apply to newly constructed one-family and two-family

17  dwellings.  However, fire sprinkler protection may be

18  permitted by local government in lieu of other fire protection

19  related development requirements in such structures.

20         Section 60.  Paragraph (a) of subsection (1) of section

21  633.085, Florida Statutes, is amended to read:

22         633.085  Inspections of state buildings and premises;

23  tests of firesafety equipment; building plans to be

24  approved.--

25         (1)(a)  It is the duty of the State Fire Marshal and

26  her or his agents to inspect, or cause to be inspected, each

27  state-owned or state-leased building on a recurring basis

28  established by rule, and to ensure that high-hazard

29  occupancies are inspected at least annually, for the purpose

30  of ascertaining and causing to be corrected any conditions

31  liable to cause fire or endanger life from fire and any

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  1  violation of the firesafety standards for state-owned and

  2  state-leased buildings, the provisions of this chapter, or the

  3  rules or regulations adopted and promulgated pursuant hereto.

  4  The State Fire Marshal shall, within 7 days following an

  5  inspection, submit a report of such inspection to the head of

  6  the department of state government responsible for the

  7  building.

  8         Section 61.  Subsection (1) of section 633.72, Florida

  9  Statutes, is amended to read:

10         633.72  Florida Fire Code Advisory Council.--

11         (1)  There is created within the department the Florida

12  Fire Code Advisory Council with seven members appointed by the

13  State Fire Marshal.  The council, in cooperation with the

14  Florida Building Commission, shall advise and recommend to the

15  State Fire Marshal and, where appropriate, for further

16  recommendation to the Legislature changes in and

17  interpretation of the firesafety codes that have the effect of

18  conflicting with building construction standards that are

19  adopted pursuant to s. 633.0215 ss. 633.022 and 633.025.  The

20  members of the council shall represent the following groups

21  and professions:

22         (a)  One member shall be the State Fire Marshal, or his

23  or her designated appointee who shall be an administrative

24  employee of the marshal;

25         (b)  One member shall be an administrative officer from

26  a fire department representing a municipality or a county

27  selected from a list of persons submitted by the Florida Fire

28  Chiefs Association;

29         (c)  One member shall be an architect licensed in the

30  state selected from a list of persons submitted by the Florida

31  Association/American Institute of Architects;

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  1         (d)  One member shall be a structural engineer

  2  registered to practice in the state selected from a list of

  3  persons submitted by the Florida Engineering Society;

  4         (e)  One member shall be an administrative officer from

  5  a building department of a county or municipality selected

  6  from a list of persons submitted by the Building Officials

  7  Association of Florida;

  8         (f)  One member shall be a contractor licensed in the

  9  state selected from a list submitted by the Florida Home

10  Builders Association; and

11         (g)  One member shall be representative of the general

12  public.

13         (h)  The administrative staff of the State Fire Marshal

14  shall attend meetings of the Florida Building Commission and

15  coordinate efforts to provide consistency between the Florida

16  Building Code and the Florida Fire Prevention Code and the

17  Life Safety Code.

18

19  The council and Florida Building Commission shall cooperate

20  through joint representation and staff coordination.

21         Section 62.  (1)  Before the 2000 Regular Session of

22  the Legislature, the Florida Building Commission shall submit

23  to the Legislature, for review and approval or rejection, the

24  Florida Building Code adopted by the commission and shall

25  prepare list of recommendations of revisions to the Florida

26  Statutes necessitated by adoption of the Florida Building Code

27  if the Legislature approves the Florida Building Code.

28         (2)  Upon approval of the Florida Building Code by the

29  Legislature, all existing local technical amendments to any

30  building code adopted by any local government are repealed.

31  Each local government may readopt such amendments pursuant to

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  1  s. 553.73, Florida Statutes, provided such amendments comply

  2  with applicable provisions of the Florida Building Code.

  3         Section 63.  The Department of Management Services is

  4  directed to initiate a pilot project to evaluate the costs and

  5  benefits of installing an ozonation water treatment system for

  6  a cooling tower in a state building.  An appropriate building

  7  project shall be selected, the ozonation equipment installed,

  8  the performance data of the system collected and compiled, and

  9  the Department of Management Services shall report back to the

10  Legislature no later than March 1, 2000.  Such findings shall

11  provide the basis for determining a life-cycle cost analysis

12  that can be used in future building projects.  If the

13  Department of Management Services is unable to meet the

14  deadline because of unforeseen fiscal or technical

15  complications, the department shall provide the information to

16  the Legislature as soon as possible after such date.

17         Section 64.  Paragraph (f) of subsection (2) of section

18  471.003, Florida Statutes, section 489.539, Florida Statutes,

19  and subsection (5) of section 553.73, Florida Statutes, are

20  repealed.

21         Section 65.  Effective January 1, 1999, section

22  489.120, Florida Statutes, is repealed.

23         Section 66.  Effective January 1, 2001, paragraph (d)

24  of subsection (1) of section 489.129, Florida Statutes, is

25  repealed.

26         Section 67.  Effective upon the approval by the

27  Legislature of the adoption of the Florida Building Code by

28  the Florida Building Commission, parts I, II, and III of

29  chapter 553, Florida Statutes, consisting of sections 553.01,

30  553.02, 553.03, 553.04, 553.041, 553.05, 553.06, 553.07,

31  553.08, 553.10, 553.11, 553.14, 553.15, 553.16, 553.17,

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  1  553.18, 553.19, 553.20, 553.21, 553.22, 553.23, 553.24,

  2  553.25, 553.26, 553.27, and 553.28, Florida Statutes, are

  3  repealed and section 553.141, Florida Statutes, is transferred

  4  and renumbered as section 553.86, Florida Statutes.

  5         Section 68.  Except as otherwise provided herein, this

  6  act shall take effect July 1 of the year in which enacted or

  7  upon becoming a law, whichever occurs later.

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