House Bill 4181er
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1
2 An act relating to a statewide unified building
3 code; amending ss. 468.621, F.S.; providing an
4 additional ground for certain disciplinary
5 actions; amending ss. 471.033, 481.225,
6 481.2251, and 481.325, F.S.; providing for
7 additional fines for certain violations of the
8 Florida Building Code; amending s. 468.602,
9 F.S.; clarifying application of an exemption
10 for certain persons; amending ss. 468.609,
11 468.627, 471.017, 471.019, 481.215, 481.313,
12 489.115, 489.1455, and 489.5335, F.S.;
13 requiring certificateholders, licensees, or
14 registrants to prove completion of certain
15 education requirements relating to the Florida
16 Building Code; providing certain core
17 curriculum or continuing education requirements
18 for certain license, certificate, or
19 registration renewals; authorizing certain
20 licensing boards to require certain specialized
21 or advanced education courses; creating s.
22 455.2286, F.S.; requiring the Department of
23 Business and Professional Regulation to
24 implement an automated information system for
25 certain purposes; providing requirements
26 relating to such system; amending s. 489.103,
27 F.S.; exempting certain residential structures
28 from certain construction contracting
29 requirements; amending s. 489.117, F.S.;
30 clarifying certain information provision
31 requirements for local jurisdictions relating
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1 to specialty contractor licensure and
2 discipline; amending s. 489.513, F.S.;
3 requiring local jurisdictions to provide
4 certain information to certain licensing
5 boards; requiring such boards to maintain and
6 provide such information through an automated
7 information system; providing for local
8 responsibility for imposing certain
9 disciplinary action; authorizing imposition of
10 penalties by ordinance; amending s. 489.517,
11 F.S.; requiring certificateholders or
12 registrants to provide proof of completion of
13 certain education courses; authorizing the
14 electrical contractors' licensing board to
15 require certain education courses; amending s.
16 489.533, F.S.; revising a ground for certain
17 disciplinary action; amending s. 553.06, F.S.;
18 requiring the Florida Building Commission to
19 adopt the State Plumbing Code; amending s.
20 553.19, F.S.; requiring the commission to adopt
21 certain electrical standards as part of the
22 Florida Building Code and to revise and
23 maintain such standards; amending s. 553.71,
24 F.S.; revising certain definitions; renaming
25 the Board of Building Codes and Standards as
26 the Florida Building g Commission; amending s.
27 553.72, F.S.; revising legislative intent;
28 amending s. 553.73, F.S.; providing for
29 adoption of the Florida Building Code to
30 replace the State Minimum Building Codes;
31 providing for legislative approval; providing
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1 purposes; requiring the Florida Building
2 Commission to adopt the code; providing
3 requirements and criteria for the code;
4 providing for resolution of conflicts between
5 the Florida Building Code and the Florida Fire
6 Prevention Code and the Life Safety Code;
7 providing requirements; providing for local
8 technical amendments to the code; providing
9 procedures and requirements; providing
10 limitations; requiring counties to establish
11 compliance review boards for certain purposes;
12 providing requirements; authorizing local
13 governments to adopt amendments to the code;
14 providing requirements; providing procedures
15 for challenges by affected parties; providing
16 for appeals; requiring the commission to update
17 the code periodically; authorizing the
18 commission to adopt technical amendments to the
19 code under certain circumstances; providing
20 requirements; providing for exempting certain
21 buildings, structures, and facilities from the
22 code; specifying nonapplication of the code
23 under certain circumstances; prohibiting
24 administration or enforcement of the code for
25 certain purposes; amending s. 553.74, F.S.;
26 replacing the State Board of Building Codes and
27 Standards with the Florida Building Commission;
28 providing for additional membership; providing
29 for continuation of terms of existing board
30 members; amending ss. 553.75, 553.76, and
31 553.77, F.S., to conform; providing additional
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1 powers of the commission; requiring commission
2 staff to attend certain meetings; requiring the
3 commission to develop and publish descriptions
4 of roles and responsibilities of certain
5 persons; authorizing the commission to provide
6 plans review and approval of certain public
7 buildings; creating s. 553.781, F.S.; providing
8 for licensee accountability; authorizing local
9 jurisdictions to impose fines and order certain
10 disciplinary action for certain violations of
11 the Florida Building Code; providing for
12 challenges to such actions; requiring the
13 Department of Business and Professional
14 Regulation and local jurisdictions to report
15 such disciplinary actions; providing for
16 disposition and use of such fines; providing
17 construction; providing for suspension of
18 certain permitting privileges under certain
19 circumstance; amending s. 553.79, F.S., to
20 conform; authorizing owners of certain
21 buildings to designate such buildings as
22 threshold buildings for certain purposes;
23 providing for local government enforcement of
24 the Florida Building Code under certain
25 circumstances; amending s. 553.80, F.S.;
26 authorizing certain additional permit fees and
27 reinspection fees under certain circumstances;
28 requiring certain agencies to provide support
29 to local governments for certain purposes;
30 specifying certain code enforcement
31 requirements for state universities, community
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1 colleges, and public school districts;
2 preserving authority of certain local
3 governments to enforce code requirements;
4 providing construction; creating s. 553.841,
5 F.S.; providing for establishing a building
6 code training program; providing requirements;
7 providing criteria; authorizing the Florida
8 Building Commission to enter into contracts for
9 certain purposes; requiring the assistance and
10 participation of certain state agencies;
11 creating s. 553.842, F.S.; providing for a
12 system for product evaluation and approval;
13 providing requirements; providing procedures;
14 providing for challenging, review, and appeal
15 of certain evaluations; authorizing the
16 commission to charge fees for certain
17 certifications and reviews; providing
18 exceptions; amending s. 553.905, F.S.;
19 exempting certain HVAC equipment from
20 additional insulation requirements; amending s.
21 633.01, F.S.; authorizing the Department of
22 Insurance to issue declaratory statements of
23 certain firesafety codes; creating s. 633.0215,
24 F.S.; requiring the Department of Insurance to
25 adopt certain fire prevention and life safety
26 codes; providing requirements; providing for
27 temporary effect of local amendments to such
28 codes; providing providing procedures for
29 adopting or rescinding local amendments to such
30 codes; requiring the department to update such
31 codes periodically; providing for technical
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1 amendments to such codes; providing exceptions
2 to application of such codes for certain
3 purposes; amending s. 633.025, F.S.; specifying
4 adoption by local jurisdictions of certain
5 firesafety codes; authorizing local
6 jurisdictions to adopt more stringent
7 firesafety standards under certain
8 circumstances; providing procedures; providing
9 limitations; deleting obsolete provisions;
10 amending s. 633.085, F.S.; clarifying certain
11 inspection duties of the State Fire Marshal;
12 amending s. 633.72, F.S.; specifying
13 cooperation between the Florida Fire Code
14 Advisory Council and the Florida Building
15 Commission under certain circumstances;
16 requiring administrative staff of the State
17 Fire Marshal to attend certain meetings and
18 coordinate efforts for consistency between
19 certain codes; amending ss. 125.69, 161.54,
20 161.56, 162.21, 166.0415, 489.127, 489.131,
21 489.531, 489.537, 500.459, 553.18, and 627.351,
22 F.S., to conform; requiring the Florida
23 Building Commission to submit the Florida
24 Building Code to the Legislature for approval;
25 requiring the commission to recommend changes
26 to the law to conform to adoption of the
27 Florida Building Code; providing for future
28 repeal of local amendments to certain building
29 codes; providing for readoption; requiring the
30 State Fire Marshal, the Florida Building
31 Commission, and the Commissioner of Education
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1 to establish a select committee for certain
2 purposes; providing for committee membership;
3 providing duties of the committee; requiring a
4 report to the Legislature; requiring the
5 Department of Management Services to conduct a
6 pilot project to study the effects of
7 installing an ozonation water treatment system
8 for a cooling tower on state buildings;
9 requiring a report to the Legislature;
10 repealing s. 471.003(2)(f), F.S., relating to
11 engineering faculty exemption from registration
12 requirements; repealing s. 489.539, F.S.,
13 relating to adoption of electrical standards;
14 repealing s. 553.73(5), F.S., relating to a
15 presumption of compliance with certain building
16 code requirements; providing for future repeal
17 of s. 489.120, F.S., relating to an automated
18 information system; providing for future repeal
19 of s. 489.129(1)(d), F.S., relating to
20 disciplinary action for knowing violations of
21 building codes; providing for future repeal of
22 parts I, II, and III of chapter 553, F.S.,
23 relating to the Florida Plumbing Control Act,
24 the Florida Electrical Code, and glass
25 standards; providing appropriations; providing
26 effective dates.
27
28 WHEREAS, the Legislature finds the system of regulating
29 construction in Florida is a pressing affair of the state with
30 statewide significance. The Legislature further finds that
31 such system is complex and confusing because of the
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1 multiplicity of building codes and administrative processes
2 which has resulted in weak and inadequate compliance, and
3 WHEREAS, the Legislature further finds that, to be
4 effective, a building code system must promote consistent and
5 effective compliance and enforcement by addressing the
6 complexity caused by too many codes and administrative
7 processes and by providing a clear understanding of roles and
8 responsibilities and adequate education and training for all
9 participants within the system, and
10 WHEREAS, it is the intent of the Legislature that all
11 processes which comprise the overall building construction
12 regulatory system be coordinated and integrated to achieve
13 optimal effectiveness and provide predictability in the system
14 and accountability for all participants in the system, and
15 WHEREAS, it is the further intent of the Legislature
16 that all state and local agencies should coordinate their
17 separately assigned responsibilities with the Florida Building
18 Commission created in this act and to comply with the
19 provisions of this act, and
20 WHEREAS, it is the intent of the Legislature that the
21 Florida Building Commission consider the recommendations of
22 the Governor's Building Codes Study Commission and other
23 affected stakeholders when implementing the provisions of this
24 act, NOW, THEREFORE,
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Effective January 1, 2001, paragraph (d) of
29 subsection (2) of section 125.69, Florida Statutes, is amended
30 to read:
31 125.69 Penalties; enforcement by code inspectors.--
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1 (2) The board of county commissioners of each county
2 may designate its agents or employees as code inspectors whose
3 duty it is to assure code compliance. Any person designated
4 as a code inspector may issue citations for violations of
5 county codes and ordinances, respectively, or subsequent
6 amendments thereto, when such code inspector has actual
7 knowledge that a violation has been committed.
8 (d) The provisions of this subsection shall not apply
9 to the enforcement pursuant to ss. 553.79 and 553.80 of the
10 Florida Building Code codes adopted pursuant to s. 553.73 as
11 applied they apply to construction, provided that a building
12 permit is either not required or has been issued by the
13 county. For the purposes of this paragraph, "building codes"
14 means only those codes adopted pursuant to s. 553.73.
15 Section 2. Effective January 1, 2001, subsection (11)
16 of section 161.54, Florida Statutes, is amended to read:
17 161.54 Definitions.--In construing ss. 161.52-161.58:
18 (11) "State minimum building codes" means the Florida
19 Building Code recognized model building construction codes as
20 identified in s. 553.73.
21 Section 3. Effective January 1, 2001, subsection (1)
22 of section 161.56, Florida Statutes, is amended to read:
23 161.56 Establishment of local enforcement.--
24 (1) Each local government which is required to enforce
25 the Florida adopt a Building Code by s. 553.73 and which has a
26 coastal building zone or some portion of a coastal zone within
27 its territorial boundaries shall enforce adopt, not later than
28 January 1, 1987, as part of its building code, the
29 requirements of the code established in s. 161.55, and such
30 requirements shall be enforced by the local enforcement agency
31 as defined in s. 553.71.
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1 Section 4. Effective January 1, 2001, subsection (7)
2 of section 162.21, Florida Statutes, is amended to read:
3 162.21 Enforcement of county or municipal codes or
4 ordinances; penalties.--
5 (7) The provisions of this part shall not apply to the
6 enforcement pursuant to ss. 553.79 and 553.80 of the Florida
7 Building Code codes adopted pursuant to s. 553.73 as applied
8 they apply to construction, provided that a building permit is
9 either not required or has been issued by the county or the
10 municipality. For the purposes of this subsection, "building
11 codes" means only those codes adopted pursuant to s. 553.73.
12 Section 5. Effective January 1, 2001, subsection (5)
13 of section 166.0415, Florida Statutes, is amended to read:
14 166.0415 Enforcement by code inspectors; citations.--
15 (5) The provisions of this section shall not apply to
16 the enforcement pursuant to ss. 553.79 and 553.80 of the
17 Florida Building Code codes adopted pursuant to s. 553.73 as
18 applied they apply to construction, provided that a building
19 permit is either not required or has been issued by the
20 municipality. For the purposes of this subsection, "building
21 codes" means only those codes adopted pursuant to s. 553.73.
22 Section 6. Section 455.2286, Florida Statutes, is
23 created to read:
24 455.2286 Automated information system.--By November 1,
25 1999, the department shall implement an automated information
26 system for all certificateholders and registrants under part
27 XII of chapter 468, chapter 471, chapter 481, or chapter 489.
28 The system shall provide instant notification to local
29 building departments and other interested parties regarding
30 the status of the certification or registration. The
31 provision of such information shall consist, at a minimum, of
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1 an indication of whether the certification or registration is
2 active, of any current failure to meet the terms of any final
3 action by a licensing authority, of any ongoing disciplinary
4 cases that are subject to public disclosure, whether there are
5 any outstanding fines, and of the reporting of any material
6 violations pursuant to s. 553.781. The system shall also
7 retain information developed by the department and local
8 governments on individuals found to be practicing or
9 contracting without holding the applicable license,
10 certification, or registration required by law. The system may
11 be Internet based.
12 Section 7. Effective January 1, 2001, subsection (3)
13 of section 468.602, Florida Statutes, is amended to read:
14 468.602 Exemptions.--This part does not apply to:
15 (3) Persons acting as special inspectors for code
16 enforcement jurisdictions and plans examiners pursuant to s.
17 235.26 while conducting special inspections not required as
18 minimum inspections by the Florida Building Code activities
19 authorized by certification under that section.
20 Section 8. Paragraph (d) is added to subsection (2) of
21 section 468.609, Florida Statutes, to read:
22 468.609 Administration of this part; standards for
23 certification; additional categories of certification.--
24 (2) A person shall be entitled to take the examination
25 for certification pursuant to this part if the person:
26 (d) Demonstrates successful completion of the core
27 curriculum and specialized or advanced module course work
28 approved by the Florida Building Commission, as part of the
29 Building Code Training Program established pursuant to s.
30 553.841, appropriate to the licensing category sought or,
31 pursuant to authorization by the certifying authority,
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1 provides proof of completion of such curriculum or course work
2 within 6 months after such certification.
3 Section 9. Effective January 1, 2001, paragraph (h) is
4 added to subsection (1) of section 468.621, Florida Statutes,
5 to read:
6 468.621 Disciplinary proceedings.--
7 (1) The following acts constitute grounds for which
8 the disciplinary actions in subsection (2) may be taken:
9 (h) Failing to execute the duties and responsibilities
10 specified in part XII of chapter 468 and ss. 553.73, 553.781,
11 and 553.79.
12 Section 10. Subsection (7) of section 468.627, Florida
13 Statutes, is amended, and subsection (8) is added to said
14 section, to read:
15 468.627 Application; examination; renewal; fees.--
16 (7) The certificateholder shall provide proof, in a
17 form established by board rule, that the certificateholder has
18 completed at least 14 classroom hours of at least 50 minutes
19 each of continuing education courses during each biennium
20 since the issuance or renewal of the certificate, including
21 the specialized or advanced course work approved by the
22 Florida Building Commission, as part of the Building Code
23 Training Program established pursuant to s. 553.841,
24 appropriate to the licensing category sought. The board shall
25 by rule establish criteria for approval of continuing
26 education courses and providers, and may by rule establish
27 criteria for accepting alternative nonclassroom continuing
28 education on an hour-for-hour basis.
29 (8) Each certificateholder shall provide to the board
30 proof of completion of the core curriculum courses, or passing
31 the equivalency test of the Building Code Training Program
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1 established by s. 553.841, within 2 years after commencement
2 of the program. Continuing education hours spent taking such
3 core curriculum courses shall count toward the number required
4 for license renewal. A licensee who passes the equivalency
5 test in lieu of taking the core curriculum courses shall
6 receive full credit for core curriculum course hours.
7 Section 11. Subsection (3) is added to section
8 471.017, Florida Statutes, to read:
9 471.017 Renewal of license.--
10 (3) Commencing with licensure renewal in 2002, each
11 licensee actively participating in the design of engineering
12 works or systems in connection with buildings, structures, and
13 facilities covered by the Florida Building Code shall submit
14 proof to the board that the licensee participates in
15 continuing education courses relating to the core curriculum
16 courses or the building code training program or evidence of
17 passing an equivalency test on the core curriculum courses or
18 specialized or advanced courses on any portion of the Florida
19 Building Code applicable to the area of practice.
20 Section 12. Section 471.019, Florida Statutes, is
21 amended to read:
22 471.019 Reactivation; design of engineering works or
23 systems; continuing education.--
24 (1) The board shall prescribe by rule continuing
25 education requirements for reactivating a license. The
26 continuing education requirements for reactivating a license
27 for a registered engineer may not exceed 12 classroom hours
28 for each year the license was inactive.
29 (2) All licensees actively participating in the design
30 of engineering works or systems in connection with buildings,
31 structures, or facilities and systems covered by the Florida
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1 Building Code shall take continuing education courses and
2 submit proof to the board, at such times and in such manner as
3 established by the board by rule, that the licensee has
4 completed the core curriculum courses and any specialized or
5 advanced courses on any portion of the Florida Building Code
6 applicable to the licensee's area of practice or has passed
7 the appropriate equivalency test of the Building Code Training
8 Program established by s. 553.841. The board shall record
9 reported continuing education courses on a system easily
10 accessed by code enforcement jurisdictions for evaluation when
11 determining license status for purposes of processing design
12 documents. Local jurisdictions shall be responsible for
13 notifying the board when design documents are submitted for
14 building construction permits by persons who are not in
15 compliance with this section. The board shall take appropriate
16 action as provided by its rules when such noncompliance is
17 determined to exist.
18 Section 13. Effective January 1, 2001, paragraph (c)
19 of subsection (3) of section 471.033, Florida Statutes, is
20 amended to read:
21 471.033 Disciplinary proceedings.--
22 (3) When the board finds any person guilty of any of
23 the grounds set forth in subsection (1), it may enter an order
24 imposing one or more of the following penalties:
25 (c) Imposition of an administrative fine not to exceed
26 $1,000 for each count or separate offense and a fine of up to
27 $5,000 for matters pertaining to a material violation of the
28 Florida Building Code as reported by a local jurisdiction.
29 Section 14. Effective January 1, 2001, subsections (5)
30 and (6) are added to section 481.215, Florida Statutes, to
31 read:
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1 481.215 Renewal of license.--
2 (5) Each licensee shall provide to the board proof of
3 completion of the core curriculum courses, or passing the
4 equivalency test of the Building Code Training Program
5 established by s. 553.841, within 2 years after commencement
6 of the program or after initial licensure, whichever is later.
7 Hours spent taking core curriculum courses shall count toward
8 the number required for license renewal. A licensee who
9 passes the equivalency test in lieu of taking the core
10 curriculum courses shall receive full credit for such core
11 curriculum course hours.
12 (6) The board shall require, by rule adopted pursuant
13 to ss. 120.536(1) and 120.54, a specified number of hours in
14 specialized or advanced courses, approved by the Florida
15 Building Commission, on any portion of the Florida Building
16 Code, adopted pursuant to part VII of chapter 553, relating to
17 the licensee's respective area of practice.
18 Section 15. Effective January 1, 2001, paragraph (c)
19 of subsection (3) of section 481.225, Florida Statutes, is
20 amended to read:
21 481.225 Disciplinary proceedings against registered
22 architects.--
23 (3) When the board finds any registered architect
24 guilty of any of the grounds set forth in subsection (1), it
25 may enter an order imposing one or more of the following
26 penalties:
27 (c) Imposition of an administrative fine not to exceed
28 $1,000 for each count or separate offense and a fine of up to
29 $5,000 for matters pertaining to a material violation of the
30 Florida Building Code as reported by a local jurisdiction.
31
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1 Section 16. Effective January 1, 2001, paragraph (d)
2 of subsection (2) of section 481.2251, Florida Statutes, is
3 amended to read:
4 481.2251 Disciplinary proceedings against registered
5 interior designers.--
6 (2) When the board finds any person guilty of any of
7 the grounds set forth in subsection (1), it may enter an order
8 taking the following action or imposing one or more of the
9 following penalties:
10 (d) Imposition of an administrative fine not to exceed
11 $1,000 for each violation or separate offense and a fine of up
12 to $5,000 for matters pertaining to a material violation of
13 the Florida Building Code as reported by a local jurisdiction;
14 or
15 Section 17. Effective January 1, 2001, subsections
16 (3), (4), (5), and (6) are added to section 481.313, Florida
17 Statutes, to read:
18 481.313 Renewal of license.--
19 (3) No license renewal shall be issued to a landscape
20 architect by the department until the licensee submits proof,
21 satisfactory to the department, that during the 2 year period
22 prior to application for renewal, the licensee participated in
23 such continuing education courses required by the board. The
24 board shall approve only continuing education courses that
25 relate to and increase the basic knowledge of landscape
26 architecture. The board may make an exception from the
27 requirements of continuing education in emergency or hardship
28 cases.
29 (4) The board, by rule adopted pursuant to ss.
30 120.536(1) and 120.54, shall establish criteria for the
31 approval of continuing education courses and providers, and
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1 shall by rule establish criteria for accepting alternative
2 nonclassroom continuing education on an hour-for-hour basis.
3 (5) Each license holder shall provide to the board
4 proof of completion of the core curriculum courses, or passing
5 the equivalency test of the Building Code Training Program
6 established by s. 553.841, within 2 years after commencement
7 of the program or of initial licensure, whichever is later.
8 Hours spent taking core curriculum courses shall count toward
9 the number required for license renewal. A licensee who
10 passes the equivalency test in lieu of taking the core
11 curriculum courses shall receive full credit for core
12 curriculum course hours.
13 (6) The board shall require, by rule adopted pursuant
14 to ss. 120.536(1) and 120.54, a specified number of hours in
15 specialized or advanced courses, approved by the Florida
16 Building Commission, on any portion of the Florida Building
17 Code, adopted pursuant to part VII of chapter 553, relating to
18 the licensee's respective area of practice.
19 Section 18. Effective January 1, 2001, paragraph (c)
20 of subsection (3) of section 481.325, Florida Statutes, is
21 amended to read:
22 481.325 Disciplinary proceedings.--
23 (3) When the board finds any registered landscape
24 architect guilty of any of the grounds set forth in subsection
25 (1), it may enter an order imposing one or more of the
26 following penalties:
27 (c) Imposition of an administrative fine not to exceed
28 $1,000 for each count or separate offense and a fine of up to
29 $5,000 for matters pertaining to a material violation of the
30 Florida Building Code as reported by a local jurisdiction.
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
20
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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 shall require, by rule adopted pursuant
12 to ss. 120.536(1) and 120.54, a specified number of hours in
13 specialized or advanced module courses, approved by the
14 Florida Building Commission, on any portion of the Florida
15 Building Code, adopted pursuant to part VII of chapter 553,
16 relating to the contractor's respective discipline.
17 Section 22. Paragraph (c) of subsection (4) of section
18 489.117, Florida Statutes, is amended to read:
19 489.117 Registration; specialty contractors.--
20 (4)
21 (c) The local jurisdictions shall be responsible for
22 providing licensure information, code violation information
23 pursuant to s. 553.781, and disciplinary information on such
24 locally licensed individuals to the board within 30 days after
25 licensure or any disciplinary action, and the board shall
26 maintain such licensure and disciplinary information as is
27 provided to them, and shall make such information available
28 through the automated information system provided pursuant to
29 s. 455.2286 489.120. The biennial tracking registration fee
30 shall not exceed $40.
31
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1 Section 23. Paragraph (h) of subsection (1) of section
2 489.127, Florida Statutes, is amended to read:
3 489.127 Prohibitions; penalties.--
4 (1) No person shall:
5 (h) Commence or perform work for which a building
6 permit is required pursuant to part VII of chapter 553 an
7 adopted state minimum building code without such building
8 permit being in effect; or
9
10 For purposes of this subsection, a person or business
11 organization operating on an inactive or suspended
12 certificate, registration, or certificate of authority is not
13 duly certified or registered and is considered unlicensed. An
14 occupational license certificate issued under the authority of
15 chapter 205 is not a license for purposes of this part.
16 Section 24. Effective January 1, 2001, paragraph (e)
17 of subsection (3) of section 489.131, Florida Statutes, is
18 amended to read:
19 489.131 Applicability.--
20 (3) Nothing in this part limits the power of a
21 municipality or county:
22 (e) To require one bond for each contractor in an
23 amount not to exceed $5,000, which bond shall be conditioned
24 only upon compliance with the Florida applicable state minimum
25 Building Code and applicable local building code requirements
26 adopted pursuant to s. 553.73. Any such bond must be equally
27 available to all contractors without regard to the period of
28 time a contractor has been certified or registered and without
29 regard to any financial responsibility requirements. Any such
30 bonds shall be payable to the Construction Industry Recovery
31 Fund and filed in each county or municipality in which a
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1 building permit is requested. Bond reciprocity shall be
2 granted statewide. All such bonds shall be included in
3 meeting any financial responsibility requirements imposed by
4 any statute or rule. Any contractor who provides a third
5 party insured warranty policy in connection with a new
6 building or structure for the benefit of the purchaser or
7 owner shall be exempt from the bond requirements under this
8 subsection with respect to such building or structure.
9 Section 25. Subsection (1) of section 489.1455,
10 Florida Statutes, is amended to read:
11 489.1455 Journeyman; reciprocity; standards.--
12 (1) An individual who holds a valid, active journeyman
13 license in the plumbing/pipe fitting, mechanical, or HVAC
14 trades issued by any county or municipality in this state may
15 work as a journeyman in the trade in which he or she is
16 licensed in any other county or municipality of this state
17 without taking an additional examination or paying an
18 additional license fee, if he or she:
19 (a) Has scored at least 70 percent, or after October
20 1, 1997, at least 75 percent, on a proctored journeyman Block
21 and Associates examination or other proctored examination
22 approved by the board for the trade in which he or she is
23 licensed;
24 (b) Has completed an apprenticeship program registered
25 with the Department of Labor and Employment Security and
26 demonstrates 4 years' verifiable practical experience in the
27 trade for which he or she is licensed, or demonstrates 6
28 years' verifiable practical experience in the trade for which
29 he or she is licensed; and
30 (c) Has satisfactorily completed specialized and
31 advanced module course work approved by the Florida Building
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1 Commission, as part of the Building Code Training Program
2 established in s. 553.841, specific to the discipline, and
3 successfully completed the program's core curriculum courses
4 or passed an equivalency test in lieu of taking the core
5 curriculum courses and provided proof of completion of such
6 curriculum courses or examination and obtained a certificate
7 from the board pursuant to this part or, pursuant to
8 authorization by the certifying authority, provides proof of
9 completion of such curriculum or course work within 6 months
10 after such certification; and
11 (d)(c) Has not had a license suspended or revoked
12 within the last 5 years.
13 Section 26. Subsections (6) and (7) are added to
14 section 489.513, Florida Statutes, to read:
15 489.513 Registration; application; requirements.--
16 (6) The local jurisdictions shall be responsible for
17 providing licensure information, code violation information
18 pursuant to s. 553.781, and disciplinary information on
19 locally licensed individuals to the board within 30 days after
20 licensure or any disciplinary action, and the board shall
21 maintain such licensure and disciplinary information as is
22 provided to them, and shall make such information available
23 through the automated information system provided pursuant to
24 s. 455.2286.
25 (7) Neither the board nor the department assumes any
26 responsibility for providing discipline pursuant to having
27 provided the tracking registration. Providing discipline to
28 such locally licensed individuals shall be the responsibility
29 of the local jurisdiction. Failure to obtain a tracking
30 registration shall not be considered a violation of this
31 chapter. However, a local jurisdiction requiring such
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1 tracking registration may levy such penalties for failure to
2 obtain the tracking registration as the local jurisdiction
3 chooses to provide through local ordinance.
4 Section 27. Subsection (3) of section 489.517, Florida
5 Statutes, is amended, and subsection (4) is added to said
6 section, to read:
7 489.517 Renewal of certificate or registration;
8 continuing education.--
9 (3)(a) Each certificateholder or registrant shall
10 provide proof, in a form established by rule of the board,
11 that the certificateholder or registrant has completed at
12 least 14 classroom hours of at least 50 minutes each of
13 continuing education courses during each biennium since the
14 issuance or renewal of the certificate or registration. The
15 board shall by rule establish criteria for the approval of
16 continuing education courses and providers and may by rule
17 establish criteria for accepting alternative nonclassroom
18 continuing education on an hour-for-hour basis.
19 (b) Each certificateholder or registrant shall provide
20 to the board proof of completion of the core curriculum
21 courses or passing the equivalency test of the Building Code
22 Training Program established under s. 553.841, specific to the
23 licensing category sought, within 2 years after commencement
24 of the program or of initial certification or registration,
25 whichever is later. Classroom hours spent taking core
26 curriculum courses shall count toward the number required for
27 renewal of certificate or registration. A certificateholder
28 or registrant who passes the equivalency test in lieu of
29 taking the core curriculum courses shall receive full credit
30 for core curriculum course hours.
31
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1 (4) The board shall require, by rule adopted pursuant
2 to ss. 120.536(1) and 120.54, a specialized number of hours in
3 specialized or advanced module courses, approved by the
4 Florida Building Commission, on any portion of the Florida
5 Building Code, adopted pursuant to part VII of chapter 553,
6 relating to the contractor's respective discipline.
7 Section 28. Paragraph (i) of subsection (1) of section
8 489.531, Florida Statutes, is amended to read:
9 489.531 Prohibitions; penalties.--
10 (1) A person may not:
11 (i) Commence or perform work for which a building
12 permit is required pursuant to part VII of chapter 533 under
13 an adopted state minimum building code without the building
14 permit being in effect; or
15 Section 29. Effective January 1, 2001, paragraph (i)
16 of subsection (1) of section 489.533, Florida Statutes, is
17 amended to read:
18 489.533 Disciplinary proceedings.--
19 (1) The following acts shall constitute grounds for
20 disciplinary actions as provided in subsection (2):
21 (i) Willfully or deliberately disregarding and
22 Violating the applicable building codes or laws of the state
23 or any municipality or county thereof.
24
25 For the purposes of this subsection, construction is
26 considered to be commenced when the contract is executed and
27 the contractor has accepted funds from the customer or lender.
28 Section 30. Subsection (1) of section 489.5335,
29 Florida Statutes, is amended to read:
30 489.5335 Journeyman; reciprocity; standards.--
31
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1 (1) An individual who holds a valid, active journeyman
2 license in the electrical trade issued by any county or
3 municipality in this state may work as a journeyman in any
4 other county or municipality of this state without taking an
5 additional examination or paying an additional license fee, if
6 he or she:
7 (a) Has scored at least 70 percent, or after October
8 1, 1997, at least 75 percent, on a proctored journeyman Block
9 and Associates examination or other proctored examination
10 approved by the board for the electrical trade;
11 (b) Has completed an apprenticeship program registered
12 with the Department of Labor and Employment Security and
13 demonstrates 4 years' verifiable practical experience in the
14 electrical trade, or demonstrates 6 years' verifiable
15 practical experience in the electrical trade; and
16 (c) Has satisfactorily completed specialized and
17 advanced module course work approved by the Florida Building
18 Commission, as part of the Building Code Training Program
19 established in s. 553.841, specific to the discipline, and
20 successfully completed the program's core curriculum courses
21 or passed an equivalency test in lieu of taking the core
22 curriculum courses and provided proof of completion of such
23 curriculum courses or examination and obtained a certificate
24 from the board pursuant to this part or, pursuant to
25 authorization by the certifying authority, provides proof of
26 completion of such curriculum or course work within 6 months
27 after such certification; and
28 (d)(c) Has not had a license suspended or revoked
29 within the last 5 years.
30
31
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1 Section 31. Effective January 1, 2001, paragraph (d)
2 of subsection (3) of section 489.537, Florida Statutes, is
3 amended to read:
4 489.537 Application of this part.--
5 (3) Nothing in this act limits the power of a
6 municipality or county:
7 (d) To require one bond for each electrical contractor
8 in an amount not to exceed $5,000, which bond shall be
9 conditioned only upon compliance with the Florida applicable
10 state minimum Building Code and applicable local building code
11 requirements adopted pursuant to s. 553.73. Any such bond
12 must be equally available to all electrical contractors
13 without regard to the period of time an electrical contractor
14 has been certified or registered and without regard to any
15 financial responsibility requirements. Any such bonds shall
16 be payable to the Governor and filed in each county or
17 municipality in which a building permit is requested. Bond
18 reciprocity shall be granted statewide. All such bonds shall
19 be included in meeting any financial responsibility
20 requirements imposed by any statute or rule.
21 (e)1. To refuse to issue permits or issue permits with
22 specific conditions to a contractor who has committed multiple
23 violations, when he or she has been disciplined for each of
24 them by the board and when each disciplinary action has
25 involved revocation or suspension of a license, imposition of
26 an administrative fine of at least $1,000, or probation.
27 2. To issue permits with specific conditions to a
28 contractor who, within the previous 12 months, has had final
29 action taken against him or her, by the department or by a
30 local board or agency which licenses contractors and has
31 reported the action pursuant to paragraph (5)(c), for engaging
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1 in the business or acting in the capacity of a contractor
2 without a license.
3 Section 32. Effective January 1, 2001, paragraph (d)
4 of subsection (5) of section 500.459, Florida Statutes, is
5 amended to read:
6 500.459 Water vending machines.--
7 (5) OPERATING STANDARDS.--
8 (d) Each water vending machine must have a backflow
9 prevention device that conforms with the applicable provision
10 of the Florida Building Code s. 553.06 and an adequate system
11 for collecting and handling dripping, spillage, and overflow
12 of water.
13 Section 33. Subsection (1) of section 553.06, Florida
14 Statutes, is amended to read:
15 553.06 State Plumbing Code.--
16 (1) The Florida Building Commission Board of Building
17 Codes and Standards shall, in accordance with the provisions
18 of chapter 120 and ss. 553.70-553.895, adopt the Standard
19 Plumbing Code, 1994 edition, as adopted at the October 1993
20 annual meeting of the Southern Building Code Congress
21 International, as the State Plumbing Code which shall be the
22 minimum requirements statewide for all installations, repairs,
23 and alterations to plumbing. The board may, in accordance with
24 the requirements of chapter 120, adopt all or parts of updated
25 or revised editions of the State Plumbing Code to keep abreast
26 of latest technological advances in plumbing and installation
27 techniques. Local governments which have adopted the South
28 Florida, One and Two Family Dwelling or EPCOT Plumbing Codes
29 may continue their use provided the requirements contained
30 therein meet or exceed the requirements of the State Plumbing
31 Code. Provided, however, nothing in this section shall alter
29
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1 or diminish the authority of the Department of Business and
2 Professional Regulation to conduct plan reviews, issue
3 variances, and adopt rules regarding sanitary facilities in
4 public lodging and public food service establishments pursuant
5 to chapter 509, providing that such actions do not conflict
6 with the requirements for public restrooms in s. 553.141.
7 Section 34. Effective January 1, 2001, subsection (2)
8 of section 553.18, Florida Statutes, is amended to read:
9 553.18 Scope.--
10 (2) Local jurisdictions County, municipal, improvement
11 district, or state governing bodies may adopt and enforce
12 additional or more stringent standards or administrative
13 procedures and requirements than those prescribed by this
14 code, including but not limited to fees if the standards or
15 administrative procedures and requirements are in conformity
16 with standards set forth in the Florida Building Code s.
17 553.19.
18 Section 35. Section 553.19, Florida Statutes, is
19 amended to read:
20 553.19 Adoption of electrical standards.--For the
21 purpose of establishing minimum electrical standards in this
22 state, the following standards are adopted:
23 (1) "National Electrical Code 1990," NFPA No. 70-1990.
24 (2) Underwriters' Laboratories, Inc., "Standards for
25 Safety, Electrical Lighting Fixtures, and Portable Lamps," UL
26 57-1982 and UL 153-1983.
27 (3) Underwriters' Laboratories, Inc., "Standard for
28 Electric Signs," UL 48-1982.
29 (4) The provisions of the following which prescribe
30 minimum electrical standards:
31 (a) NFPA No. 56A-1978, "Inhalation Anesthetics 1978."
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1 (b) NFPA No. 56B-1982, "Respiratory Therapy 1982."
2 (c) NFPA No. 56C-1980, "Laboratories in Health-related
3 Institutions 1980."
4 (d) NFPA No. 56D-1982, "Hyperbaric Facilities."
5 (e) NFPA No. 56F-1983, "Nonflammable Medical Gas
6 Systems 1983."
7 (f) NFPA No. 76A-1984, "Essential Electrical Systems
8 for Health Care Facilities 1984."
9 (5) Chapter 10D-29 of The rules and regulations of the
10 Department of Health and Rehabilitative Services, entitled
11 "Nursing Homes and Related Facilities Licensure."
12 (6) The minimum standards for grounding of portable
13 electric equipment, chapter 8C-27 as recommended by the
14 Industrial Standards Section, Division of Workers'
15 Compensation, Department of Labor and Employment Security.
16
17 The Florida Building Commission shall update and maintain such
18 electrical standards consistent with the procedures
19 established in s. 553.73.
20 Section 36. Effective January 1, 2001, part VII of
21 chapter 553, Florida Statutes, shall be entitled "Florida
22 Building Code."
23 Section 37. Subsections (1), (3), and (5) of section
24 553.71, Florida Statutes, are amended to read:
25 553.71 Definitions.--As used in this part, the term:
26 (1) "Commission Board" means the Florida Building
27 Commission Board of Building Codes and Standards created by
28 this part.
29 (3) "State enforcement agency" means the agency of
30 state government with authority to make inspections of
31 buildings and to enforce the codes, as required by this part,
31
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1 which establish standards for design, construction, erection,
2 alteration, repair, modification, or demolition of public or
3 private buildings, structures, or facilities.
4 (5) "Local enforcement agency" means an the agency of
5 local government with authority to make inspections of
6 buildings and to enforce the codes which establish standards
7 for design, construction, erection, alteration, repair,
8 modification, or demolition of public or private buildings,
9 structures, or facilities.
10 Section 38. Effective January 1, 2001, section 553.72,
11 Florida Statutes, is amended to read:
12 553.72 Intent.--
13 (1) The purpose and intent of this act is to provide a
14 mechanism for the uniform promulgation, adoption, updating,
15 amendment, interpretation, and enforcement of a single,
16 unified state minimum building code, to be called the Florida
17 Building Code, codes which consists of a single set of
18 documents that apply to the design, construction, erection,
19 alteration, modification, repair, or demolition of public or
20 private buildings, structures, or facilities in this state and
21 to the enforcement of such requirements contain standards
22 flexible enough to cover all phases of construction and which
23 will allow effective and reasonable protection for public
24 safety, health, and general welfare for all the people of
25 Florida at the most reasonable cost to the consumer. The
26 Florida Building Code shall be organized to provide
27 consistency and simplicity of use. The Florida Building Code
28 shall be applied, administered, and enforced uniformly and
29 consistently from jurisdiction to jurisdiction. The Florida
30 Building Code shall provide for flexibility to be exercised in
31 a manner that meets minimum requirements, is affordable, does
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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 in accordance with ss. 120.536(1) and 120.54 and enforced by
12 authorized state and local government 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 in accordance with
17 ss. 120.536(1) and 120.54 and included by reference as
18 sections in the Florida Building Code.
19 (5) It is the intent of the Legislature that there be
20 no conflicting requirements between the Florida Fire
21 Prevention Code and the Life Safety Code of the state and
22 other provisions of the Florida Building Code or conflicts in
23 their enforcement and interpretation. Potential conflicts
24 shall be resolved through coordination and cooperation of the
25 State Fire Marshal and the Florida Building Commission as
26 provided by this part and chapter 633.
27 Section 39. Subsections (3) and (9) of section 553.73,
28 Florida Statutes, are amended to read:
29 553.73 State Minimum Building Codes.--
30 (3) The commission board may, by rule adopted in
31 accordance with the requirements of ss. 120.536(1) and 120.54
33
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1 chapter 120, designate all or a part of an updated or revised
2 version of a model code listed in subsection (2) as a State
3 Minimum Building Code.
4 (9) Except within coastal building zones as defined in
5 s. 161.54, specification standards developed by nationally
6 recognized code promulgation organizations to determine
7 compliance with s. 1606 1205 and the engineering design
8 criteria of s. 1606 1205 of the Standard Building Code shall
9 not apply to one or two family dwellings which are two stories
10 or less in height unless approved by the commission Board of
11 Building Codes and Standards for use or unless expressly made
12 subject to said standards and criteria by local ordinance
13 adopted in accordance with the provisions of subsection (4).
14 Section 40. Effective January 1, 2001, section 553.73,
15 Florida Statutes, as amended by this act, is amended to read:
16 553.73 Florida State Minimum Building Code Codes.--
17 (1)(a) The commission shall adopt, by rule pursuant to
18 ss. 120.536(1) and 120.54, the Florida Building Code which
19 shall contain or incorporate by reference all laws and rules
20 which pertain to and govern the design, construction,
21 erection, alteration, modification, repair, and demolition of
22 public and private buildings, structures, and facilities and
23 enforcement of such laws and rules, except as otherwise
24 provided in this section. By October 1, 1984, local
25 governments and state agencies with building construction
26 regulation responsibilities shall adopt a building code which
27 shall cover all types of construction. Such code shall
28 include the provisions of parts I-V, VII, and VIII, relating
29 to plumbing, electrical requirements, glass, manufactured
30 buildings, accessibility by handicapped persons, and thermal
31 efficiency, and shall be in addition to the requirements set
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1 forth in chapter 527, which pertains to liquefied petroleum
2 gas.
3 (b) The technical portions of the Florida
4 Accessibility Code for Building Construction shall be
5 contained in its entirety in the Florida Building Code. The
6 civil rights portions and the technical portions of the
7 accessibility laws of this state shall remain as currently
8 provided by law. Any revision or amendments to the Florida
9 Accessibility Code for Building Construction pursuant to part
10 V shall be considered adopted by the commission as part of the
11 Florida Building Code. Neither the commission nor any local
12 government shall revise or amend any standard of the Florida
13 Accessibility Code for Building Construction except as
14 provided for in part V.
15 (c) The Florida Fire Prevention Code and the Life
16 Safety Code shall be referenced in the Florida Building Code,
17 but shall be adopted, modified, revised, or amended,
18 interpreted, and maintained by the Department of Insurance by
19 rule adopted pursuant to ss. 120.536(1) and 120.54. Nothing in
20 the Florida Building Code shall affect the statutory powers,
21 duties, and responsibilities of any fire official or the
22 Department of Insurance.
23 (d) Conflicting requirements between the Florida
24 Building Code and the Florida Fire Prevention Code and Life
25 Safety Code of the state established pursuant to s. 633.022
26 and s. 633.025 shall be resolved by agreement between the
27 commission and the State Fire Marshal in favor of the
28 requirement that offers the greatest degree of life safety or
29 alternatives that would provide an equivalent degree of life
30 safety and an equivalent method of construction. If the
31 commission and State Fire Marshal are unable to agree on a
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1 resolution, the question shall be referred to a mediator,
2 mutually agreeable to both parties, to resolve the conflict in
3 favor of the provision that offers the greatest life safety,
4 or alternatives that would provide an equivalent degree of
5 life safety and an equivalent method of construction.
6 (e)(b) Subject to the provisions of this act, In the
7 event that a special act of the Legislature, passed prior or
8 subsequent to January 1, 1978, places responsibility for
9 enforcement, interpretation, and building construction
10 regulation of the Florida Building Code shall be vested in a
11 specified local board or agency, and the words "local
12 government" and "local governing body" as used in this part
13 shall be construed to refer exclusively to such local board or
14 agency.
15 (2) The Florida Building Code shall contain provisions
16 or requirements for public and private buildings, structures,
17 and facilities relative to structural, mechanical, electrical,
18 plumbing, energy, and gas systems, existing buildings,
19 historical buildings, manufactured buildings, elevators,
20 coastal construction, lodging facilities, food sales and food
21 service facilities, health care facilities, public or private
22 educational facilities, swimming pools, and correctional
23 facilities and enforcement of and compliance with such
24 provisions or requirements. There is created the State Minimum
25 Building Codes which shall consist of the following nationally
26 recognized model codes:
27 (a) Standard Building Codes, 1988 edition, pertaining
28 to building, plumbing, mechanical, and gas, and excluding fire
29 prevention;
30 (b) EPCOT Code, 1982 edition;
31
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1 (c) One and Two Family Dwelling Code, 1986 edition;
2 and
3 (d) The South Florida Building Code, 1988 edition.
4
5 Each local government and state agency with building
6 construction regulation responsibilities shall adopt one of
7 the State Minimum Building Codes as its building code, which
8 shall govern the construction, erection, alteration, repair,
9 or demolition of any building for which the local government
10 or state agency has building construction regulation
11 responsibility. If the One and Two Family Dwelling Code is
12 adopted for residential construction, then one of the other
13 recognized model codes must be adopted for the regulation of
14 other residential and nonresidential structures. Provisions to
15 be contained within the Florida any State Minimum Building
16 Code are restricted to requirements related to the types of
17 materials used and construction methods and standards employed
18 in order to meet criteria specified in the Florida Building
19 Code minimum building codes. Provisions relating to the
20 personnel, supervision or training of personnel, or any other
21 professional qualification requirements relating to
22 contractors or their workforce may not be included within the
23 Florida a State Minimum Building Code, and subsection (4) is
24 not to be construed to allow the inclusion of such provisions
25 within the Florida any State Minimum Building Code by
26 amendment. This restriction applies to both initial
27 development and amendment of the Florida Building Code.
28 (3) The commission shall select from available
29 national or international model building codes, or other
30 available building codes and standards currently recognized by
31 the laws of this state, to form the foundation for the Florida
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1 Building Code. The commission may modify the selected model
2 codes and standards as needed to accommodate the specific
3 needs of this state. Standards or criteria referenced by the
4 selected model codes shall be similarly incorporated by
5 reference. If a referenced standard or criterion requires
6 amplification or modification to be appropriate for use in
7 this state, only the amplification or modification shall be
8 specifically set forth in the Florida Building Code. The
9 commission shall incorporate within sections of the Florida
10 Building Code provisions which address regional and local
11 concerns and variations. The commission shall make every
12 effort to minimize conflicts between the Florida Building
13 Code, the Florida Fire Prevention Code, and the Life Safety
14 Code. The commission may, by rule adopted in accordance with
15 the requirements of ss. 120.536(1) and 120.54, designate all
16 or a part of an updated or revised version of a model code
17 listed in subsection (2) as a State Minimum Building Code.
18 (4)(a) Local governments shall comply with applicable
19 standards for issuance of mandatory certificates of occupancy,
20 minimum types of inspections, and procedures for plans review
21 and inspections as established by the board by rule. Any
22 amendments to standards established by the Florida Building
23 Code pursuant to this paragraph shall be more stringent than
24 such standards and shall be transmitted to the commission
25 within 30 days after enactment. The local government shall
26 make such amendments available to the general public in a
27 usable format. The Department of Insurance is responsible for
28 establishing the standards and procedures required in this
29 paragraph for governmental entities with respect to applying
30 the Florida Fire Prevention and the Life Safety Code.
31
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1 (b) Local governments and state agencies with building
2 construction regulation responsibilities may, subject to the
3 limitations of this section, adopt amendments to the technical
4 provisions of the Florida Building Code which apply solely
5 within the jurisdiction of such government and which provide
6 for more stringent requirements than those specified in the
7 Florida State Minimum Building Code, not more than once every
8 6 months, Codes provided:
9 1.(a) The local governing body determines, following a
10 public hearing which has been advertised in a newspaper of
11 general circulation at least 10 days before the hearing, that
12 there is a need to strengthen the requirements of the Florida
13 State Minimum Building Code Codes adopted by such governing
14 body. The determination must be based upon a review of local
15 conditions by the local governing body, which review
16 demonstrates that local conditions justify more stringent
17 requirements than those specified in the Florida State Minimum
18 Building Code Codes for the protection of life and property.
19 2.(b) Such additional requirements are not
20 discriminatory against materials, products, or construction
21 techniques of demonstrated capabilities.
22 3.(c) Such additional requirements may not introduce a
23 new subject not addressed in the Florida State Minimum
24 Building Code Codes.
25 4. The enforcing agency shall make readily available,
26 in a usable format, all amendments adopted pursuant to this
27 section.
28 5. Any amendment to the Florida Building Code shall be
29 transmitted within 30 days by the adopting local government to
30 the commission. The commission shall maintain copies of all
31
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1 such amendments in a format that is usable and obtainable by
2 the public.
3 6. Any amendment to the Florida Building Code adopted
4 by a local government pursuant to this paragraph shall be
5 effective only until the adoption by the commission of the new
6 edition of the Florida Building Code every third year. At
7 such time, the commission shall adopt such amendment as part
8 of the Florida Building Code or rescind the amendment. The
9 commission shall immediately notify the respective local
10 government of the rescission of any amendment. After receiving
11 such notice, the respective local government may readopt the
12 rescinded amendment pursuant to the provisions of this
13 paragraph.
14 7. Each county and municipality desiring to make local
15 technical amendments to the Florida Building Code shall by
16 interlocal agreement establish a countywide compliance review
17 board to review any amendment to the Florida Building Code,
18 adopted by a local government within the county pursuant to
19 this paragraph, that is challenged by any substantially
20 affected party for purposes of determining the amendment's
21 compliance with this paragraph. If the compliance review
22 board determines such amendment is not in compliance with this
23 paragraph, the compliance review board shall notify such local
24 government of the noncompliance and that the amendment is
25 invalid and unenforceable until the local government corrects
26 the amendment to bring it into compliance. The local
27 government may appeal the decision of the compliance review
28 board to the commission. If the compliance review board
29 determines such amendment to be in compliance with this
30 paragraph, any substantially affected party may appeal such
31 determination to the commission. Actions of the commission are
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1 subject to judicial review pursuant to s. 120.68. The
2 compliance review board shall determine whether its decisions
3 apply to a respective local jurisdiction or apply countywide.
4 8. An amendment adopted under this paragraph shall
5 include a fiscal impact statement which documents the costs
6 and benefits of the proposed amendment. Criteria for the
7 fiscal impact statement shall include the impact to local
8 government relative to enforcement, the impact to property and
9 building owners, as well as to industry, relative to the cost
10 of compliance. The fiscal impact statement may not be used as
11 a basis for challenging the amendment for compliance.
12 9. In addition to subparagraphs 7. and 8., the
13 commission may review any amendments adopted pursuant to this
14 subsection and make nonbinding recommendations related to
15 compliance of such amendments with this subsection.
16 (c) Any amendment adopted by a local enforcing agency
17 pursuant to this subsection shall not apply to state or school
18 district owned buildings, manufactured buildings approved by
19 the commission, or prototype buildings approved pursuant to s.
20 553.77(6). The respective responsible entities shall consider
21 the physical performance parameters substantiating such
22 amendments when designing, specifying, and constructing such
23 exempt buildings.
24 (d) Paragraphs (a), (b), and (c) apply to the
25 enforcing agency's adoption of more stringent requirements
26 than those specified in the State Minimum Building Codes and
27 to the adoption of building construction-related codes that
28 have the effect of amending building construction standards
29 contained in the State Minimum Building Codes. Upon request,
30 the enforcing agency shall provide a person making application
31 for a building permit, or any state agency or board with
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1 construction-related regulation responsibilities, a listing of
2 all such requirements and codes.
3 (5) The commission, by rule adopted pursuant to ss.
4 120.536(1) and 120.54, shall update the Florida Building Code
5 every 3 years. Once initially adopted and subsequently
6 updated by the board, the Florida Building Code shall be
7 deemed adopted for use statewide without adoptions by local
8 government. When updating the Florida Building Code, the
9 commission shall consider changes made by the adopting entity
10 of any selected model code for any model code incorporated
11 into the Florida Building Code by the commission, the
12 commission's own interpretations, declaratory statements,
13 appellate decisions, and approved statewide and local
14 technical amendments.
15 (6)(5) It shall be the responsibility of each
16 municipality and county in the state and of each state agency
17 with statutory authority to regulate building construction to
18 enforce the provisions of the Florida specific model code of
19 the State Minimum Building Code Codes adopted by that
20 municipality, county, or agency, in accordance with the
21 provisions of s. 553.80. If such responsibility has been
22 delegated to another unit of government pursuant to s.
23 553.79(9), the specific model code adopted by the delegate
24 shall apply and be enforced.
25 (7)(a)(6) The commission may approve technical
26 amendments to the Florida Building Code once each year for
27 statewide application upon a finding that delaying the
28 application of the amendment would be contrary to the health,
29 safety, and welfare of the public or the amendment provides an
30 economic advantage to the consumer and that the amendment:
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1 1. Has a reasonable and substantial connection with
2 the health, safety, and welfare of the general public.
3 2. Strengthens or improves the Florida Building Code,
4 or in the case of innovation or new technology, will provide
5 equivalent or better products or methods or systems of
6 construction.
7 3. Does not discriminate against materials, products,
8 methods, or systems of construction of demonstrated
9 capabilities.
10 4. Does not degrade the effectiveness of the Florida
11 Building Code.
12
13 Amendments approved under this paragraph shall be adopted by
14 rule pursuant to ss. 120.536(1) and 120.54.
15 (b) A proposed amendment shall include a fiscal impact
16 statement which documents the costs and benefits of the
17 proposed amendment. Criteria for the fiscal impact statement
18 shall be established by rule by the commission and shall
19 include the impact to local government relative to
20 enforcement, the impact to property and building owners, as
21 well as to industry, relative to the cost of compliance. The
22 specific model code of the State Minimum Building Codes
23 adopted by a municipality, county, or state agency shall
24 regulate every type of building or structure, wherever it
25 might be situated in the code enforcement jurisdiction;
26 however, such regulations shall not apply to nonresidential
27 farm buildings on farms; to temporary buildings or sheds used
28 exclusively for construction purposes; to mobile homes used as
29 temporary offices, except that the provisions of part V
30 relating to accessibility by handicapped persons shall apply
31 to such mobile homes used as temporary offices; or to any
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1 construction exempted under s. 553.80(3) by an enforcement
2 district or local enforcement agency. The codes may be divided
3 into a number of segments, as determined by the municipality,
4 county, or state agency. These segments may be identified as
5 building, mechanical, electrical, plumbing, or fire prevention
6 codes or by other titles as are deemed proper. However, the
7 State Minimum Building Codes shall not contain a housing code;
8 nor shall the state interpose in the area of local housing
9 codes, except upon request originating from an enforcement
10 district or local enforcement agency.
11 (8) The following buildings, structures, and
12 facilities may be exempted from the Florida Building Code as
13 provided by law and any further exemptions shall be as
14 determined by the Legislature and provided by law:
15 (a) Buildings and structures specifically regulated
16 and preempted by the Federal Government.
17 (b) Railroads and ancillary facilities associated with
18 the railroad.
19 (c) Nonresidential farm buildings on farms.
20 (d) Temporary buildings or sheds used exclusively for
21 construction purposes.
22 (e) Mobile homes used as temporary offices, except
23 that the provisions of part V relating to accessibility by
24 persons with disabilities shall apply to such mobile homes.
25 (9)(7)(a) In the event of a conflict between the
26 Florida applicable minimum Building Code and the Florida Fire
27 Prevention Code and the Life Safety applicable minimum
28 firesafety Code, the conflict it shall be resolved by
29 agreement between the local building code enforcement official
30 and the local fire code enforcement official in favor of the
31 requirement of the code which offers the greatest degree of
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1 lifesafety or alternatives which would provide an equivalent
2 degree of lifesafety and an equivalent method of construction.
3 (b) Any decision made by the local fire official and
4 the local building official may be appealed to a local
5 administrative board designated by the municipality, county,
6 or special district having firesafety responsibilities. If
7 the decision of the local fire official and the local building
8 official is to apply the provisions of either the Florida
9 applicable minimum Building Code or the Florida Fire
10 Prevention Code and the Life Safety applicable minimum
11 firesafety Code, the board may not alter the decision unless
12 the board determines that the application of such code is not
13 reasonable. If the decision of the local fire official and
14 the local building official is to adopt an alternative to the
15 codes, the local administrative board shall give due regard to
16 the decision rendered by the local officials and may modify
17 that decision if the administrative board adopts a better
18 alternative, taking into consideration all relevant
19 circumstances. In any case in which the local administrative
20 board adopts alternatives to the decision rendered by the
21 local fire official and the local building official, such
22 alternatives shall provide an equivalent degree of lifesafety
23 and an equivalent method of construction as the decision
24 rendered by the local officials.
25 (c) If In the event that the local building official
26 and the local fire official are unable to agree on a
27 resolution of the conflict between the Florida Building Code
28 and the Florida Fire Prevention Code and the Life Safety Code,
29 the local administrative board shall resolve the conflict in
30 favor of the code which offers the greatest degree of
31
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1 lifesafety or alternatives which would provide an equivalent
2 degree of lifesafety and an equivalent method of construction.
3 (d) The local administrative board shall, to the
4 greatest extent possible, be composed of members with
5 expertise in building construction and firesafety standards.
6 (e) All decisions of the local building official and
7 local fire official and all decisions of the administrative
8 board shall be in writing and shall be binding upon all
9 persons but shall not limit the authority of the State Fire
10 Marshal or the Florida Building Commission pursuant to
11 paragraph(1)(d) and ss. 663.01, and s. 633.161. Decisions of
12 general application shall be indexed by building and fire code
13 sections and shall be available for inspection during normal
14 business hours.
15 (10)(8) Except within coastal building zones as
16 defined in s. 161.54, specification standards developed by
17 nationally recognized code promulgation organizations to
18 determine compliance with s. 1606 and the engineering design
19 criteria of s. 1606 of the Florida Standard Building Code for
20 wind load design shall not apply to one or two family
21 dwellings which are two stories or less in height unless
22 approved by the board of Building Codes and Standards for use
23 or unless expressly made subject to said standards and
24 criteria by local ordinance adopted in accordance with the
25 provisions of subsection (4).
26 (11) The Florida Building Code does not apply to, and
27 no code enforcement action shall be brought with respect to,
28 zoning requirements, land use requirements, and owner
29 specifications or programmatic requirements which do not
30 pertain to and govern the design, construction, erection,
31 alteration, modification, repair, or demolition of public or
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1 private buildings, structures, or facilities or to
2 programmatic requirements that do not pertain to enforcement
3 of the Florida Building Code. Additionally, a local code
4 enforcement agency may not administer or enforce the Florida
5 Building Code to prevent the siting of any publicly owned
6 facility, including, but not limited to, correctional
7 facilities, juvenile justice facilities, or state
8 universities, community colleges, or public education
9 facilities, as provided by law.
10 (12) In addition to the requirements of ss. 553.79 and
11 553.80, facilities subject to the provisions of chapter 395
12 and part II of chapter 400 shall have facility plans reviewed
13 and construction surveyed by the state agency authorized to do
14 so under the requirements of chapter 395 and part II of
15 chapter 400 and the certification requirements of the Federal
16 Government.
17 Section 41. Section 553.74, Florida Statutes, is
18 amended to read:
19 553.74 Florida Building Commission State Board of
20 Building Codes and Standards.--
21 (1) The Florida Building Commission There is created
22 and shall be located within the Department of Community
23 Affairs for administrative purposes the Board of Building
24 Codes and Standards. Members shall be appointed by the
25 Governor subject to confirmation by the Senate. The
26 commission board shall be composed of 23 17 members,
27 consisting of the following:
28 (a) One architect registered to practice in this state
29 and actively engaged in the profession.
30 (b) One structural engineer registered to practice in
31 this state and actively engaged in the profession.
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1 (c) One mechanical contractor certified to do business
2 in this state and actively engaged in the profession.
3 (d) One electrical contractor certified to do business
4 in this state and actively engaged in the profession.
5 (e) One member from fire protection engineering or
6 technology who is actively engaged in the profession.
7 (f) One general contractor certified to do business in
8 this state and actively engaged in the profession.
9 (g) One plumbing contractor licensed to do business in
10 this state and actively engaged in the profession.
11 (h) One roofing, sheet metal, or air-conditioning
12 contractor certified to do business in this state and actively
13 engaged in the profession.
14 (i) One residential contractor licensed to do business
15 in this state and actively engaged in the profession.
16 (j) Three members who are municipal or district codes
17 enforcement officials, one of whom is also a fire official.
18 (k) One member who represents the Department of
19 Insurance a state agency, other than the Department of
20 Community Affairs, empowered by law to enforce building codes.
21 (l) One member who is a county codes enforcement
22 official.
23 (m) One member of a Florida-based organization of
24 handicapped persons with disabilities or a nationally
25 chartered organization of handicapped persons with
26 disabilities with chapters in this state.
27 (n) One member of the manufactured buildings industry
28 who is licensed to do business in this state and is actively
29 engaged in the industry.
30
31
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1 (o) One mechanical or electrical engineer registered
2 to practice in this state and actively engaged in the
3 profession.
4 (p) One member who is a representative of a
5 municipality or a charter county.
6 (q) One member of the building products manufacturing
7 industry who is authorized to do business in this state and is
8 actively engaged in the industry.
9 (r) One member who is a representative of the building
10 owners and managers industry who is actively engaged in
11 commercial building ownership or management.
12 (s) One member who is a representative of the
13 insurance industry.
14 (t) One member who is a representative of public
15 education.
16 (u) One member who shall be the chair.
17 (2) The first five board members appointed after
18 October 1, 1991, shall serve for terms of 3 years each.
19 Thereafter, All appointments shall be for terms of 4 years,
20 except that of the chair who shall shall serve at the pleasure
21 of the Governor. Each person who is a member of the Board of
22 Building Codes and Standards on the effective date of this act
23 shall serve the remainder of their term as a member of the
24 Florida Building Commission. Except for the chair, newly
25 created positions on the Florida Building Commission shall be
26 appointed after February 1, 1999. A vacancy shall be filled
27 for the remainder of the unexpired term. Neither the architect
28 nor any of the above-named engineers shall be engaged in the
29 manufacture, promotion, or sale of any building materials; and
30 Any member who shall, during his or her term, cease to meet
31 the qualifications for original appointment, through ceasing
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1 to be a practicing member of the profession indicated or
2 otherwise, shall thereby forfeit membership on the commission
3 board.
4 Section 42. Section 553.75, Florida Statutes, is
5 amended to read:
6 553.75 Organization of commission board; rules and
7 regulations; meetings; staff; fiscal affairs.--
8 (1) Within 30 days after its appointment, The
9 commission board shall meet on call of the secretary. The
10 commission board shall at this time, and thereafter annually,
11 elect from its appointive members a chair and such officers as
12 it may choose.
13 (2) The commission board shall meet at the call of its
14 chair, at the request of a majority of its membership, at the
15 request of the department, or at such times as may be
16 prescribed by its rules. The members shall be notified in
17 writing of the time and place of a regular or special meeting
18 at least 7 days in advance of the meeting. A majority of
19 members of the commission board shall constitute a quorum.
20 (3) The department shall be responsible for the
21 provision of administrative and staff support services
22 relating to the functions of the commission board. With
23 respect to matters within the jurisdiction of the commission
24 board, the department shall be responsible for the
25 implementation and faithful discharge of all decisions of the
26 commission board made pursuant to its authority under the
27 provisions of this part.
28 Section 43. Section 553.76, Florida Statutes, is
29 amended to read:
30 553.76 General powers of the commission board.--The
31 commission board is authorized to:
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1 (1) Promulgate, in cooperation with the department,
2 rules and regulations for the administration of this part,
3 pursuant to chapter 120.
4 (2) Provide rules of procedure for its internal
5 management and control.
6 (3) Enter into contracts and do such things as may be
7 necessary and incidental to the discharge of its
8 responsibilities under this part.
9 Section 44. Effective January 1, 2001, subsections (4)
10 and (5) are added to section 553.76, Florida Statutes, as
11 amended by this act, to read:
12 553.76 General powers of the commission.--The
13 commission is authorized to:
14 (4) Adopt rules pursuant to ss. 120.536(1) and 120.54
15 to implement the provisions of the Florida Building Code and
16 the provisions of this chapter.
17 (5) Adopt and promote, in consultation with state and
18 local governments, other boards, advisory councils, and
19 commissions, such recommendations as are deemed appropriate to
20 determine and ensure consistent, effective and efficient
21 enforcement and compliance with the Florida Building Code,
22 including, but not limited to, voluntary professional
23 standards for the operation of building departments and for
24 personnel development. Recommendations shall include, but not
25 be limited to, provisions for coordination among and between
26 local offices with review responsibilities and their
27 coordination with state or regional offices with special
28 expertise.
29 Section 45. Section 553.77, Florida Statutes, is
30 amended to read:
31 553.77 Specific powers of the commission board.--
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1 (1) The commission board shall:
2 (a) Adopt rules and regulations or amendments thereto
3 pursuant to ss. 120.536(1) and 120.54 in accordance with the
4 procedures prescribed in chapter 120.
5 (b) Make a continual study of the operation of the
6 State Minimum Building Codes and other laws relating to the
7 construction of buildings, including manufactured buildings,
8 to ascertain their effect upon the cost of building
9 construction and determine the effectiveness of their
10 provisions.
11 (c) Upon written application by a private party or a
12 local enforcement agency, issue declaratory statements
13 pursuant to s. 120.565 advisory opinions relating to new
14 technologies, techniques, and materials which have been tested
15 where necessary and found to meet the objectives of the State
16 Minimum Building Codes and the Florida Manufactured Building
17 Act of 1979.
18 (d) Upon written application by a private party or a
19 local enforcement agency, issue declaratory statements
20 pursuant to s. 120.565 advisory opinions relating to the
21 interpretation, enforcement, administration, or modification
22 by local governments of the State Minimum Building Codes and
23 the Florida Manufactured Building Act of 1979.
24 (e) Make recommendations to, and provide assistance
25 upon the request of, the Florida Commission on Human Relations
26 regarding rules relating to handicapped accessibility.
27 (f) Coordinate and cooperate with the Florida Fire
28 Code Advisory Council created under s. 633.72, for assistance
29 and recommendations relating to firesafety code
30 interpretations.
31
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1 (2) Upon written application by a private party or a
2 local enforcement agency, the commission board may also:
3 (a) Provide for the testing of materials, devices, and
4 method of construction.
5 (b) Appoint experts, consultants, technical advisers,
6 and advisory committees for assistance and recommendations
7 relating to the State Minimum Building Codes.
8 (c) Appoint an advisory committee consisting of at
9 least five plumbing contractors licensed to do business in
10 this state for assistance and recommendations relating to
11 plumbing code interpretations, if the commission board
12 identifies the need for additional assistance in making
13 decisions regarding the State Plumbing Code.
14 (3) With respect to the qualification program for
15 special inspectors of threshold buildings as required by s.
16 553.79(5)(c), the commission board may prescribe initial and
17 annual renewal fees for certification, by rule, in accordance
18 with chapter 120.
19 (4)(a) Upon written application by a private party,
20 the commission board shall issue a declaratory statement
21 pursuant to s. 120.565 binding opinion relating to a state
22 agency's interpretation and enforcement of the specific model
23 code adopted by the agency to regulate building construction
24 or relating to the conformity of new technologies, techniques,
25 and materials to the objectives of that model code. The
26 provisions of this paragraph shall not be construed to provide
27 any powers to the commission board with respect to any
28 decision of the State Board of Education made pursuant to the
29 provisions of s. 235.26, to the State Fire Marshal made
30 pursuant to the provisions of chapter 633, to the Department
31 of Management Services made pursuant to the provisions of s.
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1 255.25, or to any local government decision with respect to
2 construction not subject to a state agency model code.
3 (b) Upon written applications by private parties or
4 the enforcement agency, the commission board may issue
5 declaratory statements pursuant to s. 120.565 binding opinions
6 relating to the interpretation of ss. 553.71(7) and
7 553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a)
8 and (c).
9 (c) Each opinion issued pursuant to this section shall
10 be rendered in the same manner provided in s. 120.565,
11 relating to declaratory statements.
12 (5) The commission board may designate a commission
13 board member with demonstrated expertise in interpreting
14 building plans to attend each meeting of the advisory council
15 created in s. 553.512. The commission board member may vary
16 from meeting to meeting, shall serve on the council in a
17 nonvoting capacity, and shall receive per diem and expenses as
18 provided in s. 553.74(3).
19 Section 46. Effective January 1, 2001, section 553.77,
20 Florida Statutes, as amended by this act, is amended to read:
21 553.77 Specific powers of the commission.--
22 (1) The commission shall:
23 (a) Adopt and update the Florida Building Code rules
24 and regulations or amendments thereto, pursuant to ss.
25 120.536(1) and 120.54.
26 (b) Make a continual study of the operation of the
27 Florida State Minimum Building Code Codes and other laws
28 relating to the design, construction, erection, alteration,
29 modification, repair, or demolition of public or private of
30 buildings, structures, and facilities, including manufactured
31 buildings, and code enforcement, to ascertain their effect
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1 upon the cost of building construction and determine the
2 effectiveness of their provisions. Upon updating the Florida
3 Building Code every 3 years, the commission shall review
4 existing provisions of law and make recommendations to the
5 Legislature for the next regular session of the Legislature
6 regarding provisions of law that should be revised or repealed
7 to ensure consistency with the Florida Building Code at the
8 point the update goes into effect. State agencies and local
9 jurisdictions shall provide such information as requested by
10 the commission for evaluation of the effectiveness of the
11 system of building code laws for reporting to the Legislature.
12 Any proposed legislation providing for the revision or repeal
13 of existing laws and rules relating to technical requirements
14 applicable to building structures or facilities should
15 expressly state that such legislation is not intended to imply
16 any repeal or sunset of existing general or special laws that
17 are not specifically identified in the legislation.
18 (c) Upon written application by any substantially
19 affected person a private party or a local enforcement agency,
20 issue declaratory statements pursuant to s. 120.565 relating
21 to new technologies, techniques, and materials which have been
22 tested where necessary and found to meet the objectives of the
23 Florida State Minimum Building Code Codes and the Florida
24 Manufactured Building Act of 1979.
25 (d) Upon written application by any substantially
26 affected person a private party or a local enforcement agency,
27 issue declaratory statements pursuant to s. 120.565 relating
28 to the interpretation, enforcement, administration, or
29 modification by local governments of the Florida State Minimum
30 Building Code Codes and the Florida Manufactured Building Act
31 of 1979.
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1 (e) When requested in writing by any substantially
2 affected person or a local enforcing agency, shall issue
3 declaratory statements pursuant to s. 120.565 relating to part
4 VII of chapter 553, which shall apply prospectively only.
5 Actions of the commission are subject to judicial review
6 pursuant to s. 120.68.
7 (f)(e) Make recommendations to, and provide assistance
8 upon the request of, the Florida Commission on Human Relations
9 regarding rules relating to handicapped accessibility for
10 persons with disabilities.
11 (g)(f) Participate Coordinate and cooperate with the
12 Florida Fire Code Advisory Council created under s. 633.72, to
13 provide for assistance and recommendations relating to
14 firesafety code interpretations. The administrative staff of
15 the commission shall attend meetings of the Florida Fire Code
16 Advisory Council and coordinate efforts to provide consistency
17 between the Florida Building Code and the Florida Fire
18 Prevention Code and the Life Safety Code.
19 (h) Hear appeals of the decisions of local boards of
20 appeal regarding interpretation decisions of local building
21 officials, or if no local board exists, hear appeals of
22 decisions of the building officials regarding interpretations
23 of the code. For such appeals:
24 1. Local decisions declaring structures to be unsafe
25 and subject to repair or demolition shall not be appealable to
26 the commission if the local governing body finds there is an
27 immediate danger to the health and safety of its citizens.
28 2. All appeals shall be heard in the county of the
29 jurisdiction defending the appeal.
30 3. Actions of the commission are subject to judicial
31 review pursuant to s. 120.68.
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1 (2) Upon written application by a private party or a
2 local enforcement agency, the commission may also:
3 (i)(a) Determine the types of products requiring
4 approval for local or statewide use and shall provide for the
5 evaluation and approval testing of such products, materials,
6 devices, and method of construction for statewide use.
7 Evaluation and approval shall be by action of the commission
8 or delegated pursuant to s. 553.84. This paragraph does not
9 apply to products approved by the State Fire Marshal.
10 (j)(b) Appoint experts, consultants, technical
11 advisers, and advisory committees for assistance and
12 recommendations relating to the major areas addressed in the
13 Florida State Minimum Building Code Codes.
14 (k) Establish and maintain a mutual aid program,
15 organized through the department, to provide an efficient
16 supply of various levels of code enforcement personnel, design
17 professionals, commercial property owners, and construction
18 industry individuals, to assist in the rebuilding effort in an
19 area which has been hit with disaster. The program shall
20 include provisions for:
21 1. Minimum post-disaster structural, electrical, and
22 plumbing inspections and procedures.
23 2. Emergency permitting and inspection procedures.
24 3. Establishing contact with emergency management
25 personnel and other state and federal agencies.
26 (l) Maintain a list of interested parties for noticing
27 rulemaking workshops and hearings, disseminating information
28 on code adoption, revisions, amendments, and all other such
29 actions which are the responsibility of the commission.
30 (m) Coordinate with the state and local governments,
31 industry, and other affected stakeholders in the examination
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1 of legislative provisions and make recommendations to fulfill
2 the responsibility to develop a consistent, single code.
3 (n) Provide technical assistance to local building
4 departments in order to implement policies, procedures, and
5 practices which would produce the most cost effective property
6 insurance ratings.
7 (o) Develop recommendations for local governments to
8 use when pursuing partial or full privatization of building
9 department functions. The recommendations shall include, but
10 not be limited to, provisions relating to equivalency of
11 service, conflict of interest, requirements for competency,
12 liability, insurance, and long-term accountability.
13 (c) Appoint an advisory committee consisting of at
14 least five plumbing contractors licensed to do business in
15 this state for assistance and recommendations relating to
16 plumbing code interpretations, if the commission identifies
17 the need for additional assistance in making decisions
18 regarding the State Plumbing Code.
19 (2)(3) With respect to the qualification program for
20 special inspectors of threshold buildings as required by s.
21 553.79(5)(c), the commission may prescribe initial and annual
22 renewal fees for certification, by rule, in accordance with
23 chapter 120.
24 (3)(4)(a) Upon written application by any
25 substantially affected person a private party, the commission
26 shall issue a declaratory statement pursuant to s. 120.565
27 relating to a state agency's interpretation and enforcement of
28 the specific provisions of the Florida Building model Code
29 required under this section adopted by the agency to regulate
30 building construction or relating to the conformity of new
31 technologies, techniques, and materials to the objectives of
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1 the Florida Building that model Code. The provisions of this
2 paragraph shall not be construed to provide any powers, other
3 than advisory, to the commission with respect to any decision
4 of the State Board of Education made pursuant to the
5 provisions of s. 235.26, to the State Fire Marshal made
6 pursuant to the provisions of chapter 633, to the Department
7 of Management Services made pursuant to the provisions of s.
8 255.25, or to any local government decision with respect to
9 construction not subject to a state agency model code.
10 (b) Upon written applications by private parties or
11 the enforcement agency, the commission may issue declaratory
12 statements pursuant to s. 120.565 relating to the
13 interpretation of ss. 553.71(7) and 553.79(5)(a) and (c),
14 (6)(a), (b), (d), and (e), and (7)(a) and (c).
15 (4)(5) The commission may designate a commission
16 member with demonstrated expertise in interpreting building
17 plans to attend each meeting of the advisory council created
18 in s. 553.512. The commission member may vary from meeting to
19 meeting, shall serve on the council in a nonvoting capacity,
20 and shall receive per diem and expenses as provided in s.
21 553.74(3).
22 (5) For educational and public information purposes,
23 the commission shall develop and publish an informational and
24 explanatory document which contains descriptions of the roles
25 and responsibilities of the licensed design professional,
26 residential designer, contractor, and local building and fire
27 code officials. The State Fire Marshal shall be responsible
28 for developing and specifying roles and responsibilities for
29 fire code officials. Such document may also contain
30 descriptions of roles and responsibilities of other
31 participants involved in the building codes system.
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1 (6) The commission may provide for plans review and
2 approval of prototype buildings owned by public entities to be
3 replicated throughout the state. Such approved plans or
4 prototype buildings shall be exempt from further review
5 required by s. 553.79(2), except changes to the prototype
6 design, site plans, and other site related items, or any local
7 amendment to any part of the Florida Building Code.
8 Construction or erection of such prototype buildings are
9 subject to local permitting and inspections pursuant to this
10 part.
11 Section 47. Effective January 1, 2001, section
12 553.781, Florida Statutes, is created to read:
13 553.781 Licensee accountability.--
14 (1) The Legislature finds that accountability for work
15 performed by design professionals and contractors is the key
16 to strong and consistent compliance with the Florida Building
17 Code and, therefore, protection of the public health, safety,
18 and welfare. The purpose of this section is to provide such
19 accountability.
20 (2)(a) Upon a determination by a local jurisdiction
21 that a licensee, certificateholder, or registrant licensed
22 under chapters 455, 471, 481, or 489 has committed a material
23 violation of the Florida Building Code and failed to correct
24 the violation within a reasonable time, such local
25 jurisdiction shall impose a fine of no less than $500 and no
26 more than $5,000 per material violation.
27 (b) If the licensee, certificateholder, or registrant
28 disputes the violation within 30 days following notification
29 by the local jurisdiction, the fine is abated and the local
30 jurisdiction shall report the dispute to the appropriate
31 professional licensing board for disciplinary investigation
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1 and final disposition. If an administrative complaint is filed
2 by the professional licensing board against the
3 certificateholder or registrant, the commission may intervene
4 in such proceeding. Any fine imposed by the professional
5 licensing board, pursuant to matters reported by the local
6 jurisdiction to the professional licensing board, shall be
7 divided equally between the board and the local jurisdiction
8 which reported the violation.
9 (3) The Department of Business and Professional
10 Regulation, as an integral part of the automated information
11 system provided under s. 455.2286, shall establish, and local
12 jurisdictions and state licensing boards shall participate in,
13 a system of reporting violations and disciplinary actions
14 taken against all licensees, certificateholders, and
15 registrants under this section that have been disciplined for
16 a violation of the Florida Building Code. Such information
17 shall be available electronically. Any fines collected by a
18 local jurisdiction pursuant to subsection (2) shall be used
19 initially to help set up the parts of the reporting system for
20 which such local jurisdiction is responsible. Any remaining
21 moneys shall be used solely for enforcing the Florida Building
22 Code, licensing activities relating to the Florida Building
23 Code, or education and training on the Florida Building Code.
24 (4) Local jurisdictions shall maintain records,
25 readily accessible by the public, regarding material
26 violations and shall report such violations to the Department
27 of Business and Professional Regulation by means of the
28 reporting system provided in s. 455.2286.
29
30 For purposes of this section, a material code violation is a
31 violation that exists within a completed building, structure,
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1 or facility which may reasonably result, or has resulted, in
2 physical harm to a person or significant damage to the
3 performance of a building or its systems. Except when the
4 fine is abated as provided in subsection (2), failure to pay
5 the fine within 30 days shall result in a suspension of the
6 licensee's, certificateholder's, or registrant's ability to
7 obtain permits within this state until such time as the fine
8 is paid. Such suspension shall be reflected on the automated
9 information system under s. 455.2286.
10 Section 48. Paragraphs (a) and (c) of subsection (5)
11 and subsection (15) of section 553.79, Florida Statutes, are
12 amended to read:
13 553.79 Permits; applications; issuance; inspections.--
14 (5)(a) The enforcing agency shall require a special
15 inspector to perform structural inspections on a threshold
16 building pursuant to a structural inspection plan prepared by
17 the engineer or architect of record. The structural inspection
18 plan must be submitted to the enforcing agency prior to the
19 issuance of a building permit for the construction of a
20 threshold building. The purpose of the structural inspection
21 plan is to provide specific inspection procedures and
22 schedules so that the building can be adequately inspected for
23 compliance with the permitted documents. The special inspector
24 shall inspect the shoring and reshoring for conformance with
25 the shoring and reshoring plans submitted to the enforcing
26 agency. A fee simple title owner of a building, which does not
27 meet the minimum size, height, occupancy, occupancy
28 classification, or number of stories criteria which would
29 result in classification as a threshold building under s.
30 553.71(7), may designate such building as a threshold
31
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1 building, subject to more than the minimum number of
2 inspections required by the Florida Building Code.
3 (c) The commission board shall, by rule, establish a
4 qualification program for special inspectors and shall compile
5 a list of persons qualified to be special inspectors. Special
6 inspectors shall not be required to meet standards for
7 qualification other than those established by the commission
8 board, nor shall the fee owner of a threshold building be
9 prohibited from selecting any person qualified by the
10 commission board to be a special inspector. The architect or
11 engineer of record may act as the special inspector provided
12 she or he is on the list of persons qualified to be special
13 inspectors. School boards may utilize employees as special
14 inspectors provided such employees are on the list of persons
15 qualified to be special inspectors.
16 (15) Certifications by contractors authorized under
17 the provisions of s. 489.115(4)(b) shall be considered
18 equivalent to sealed plans and specifications by a person
19 licensed under chapter 471 or chapter 481 by local enforcement
20 agencies for plans review for permitting purposes relating to
21 compliance with the wind resistance provisions of the code or
22 alternate methodologies approved by the commission board for
23 one and two family dwellings. Local enforcement agencies may
24 rely upon such certification by contractors that the plans and
25 specifications submitted conform to the requirements of the
26 code for wind resistance. Upon good cause shown, local
27 government code enforcement agencies may accept or reject
28 plans sealed by persons licensed under chapter 471, chapter
29 481, or chapter 489.
30 Section 49. Effective January 1, 2001, subsections
31 (1), (2), (3), (4), (6), (9), (10), and (14) of section
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1 553.79, Florida Statutes, are amended, and subsection (17) is
2 added to said section, to read:
3 553.79 Permits; applications; issuance; inspections.--
4 (1) After the effective date of the Florida State
5 Minimum Building Code Codes adopted as herein provided, it
6 shall be unlawful for any person, firm, or corporation, or
7 governmental entity to construct, erect, alter, modify,
8 repair, or demolish any building within this state without
9 first obtaining a permit therefor from the appropriate
10 enforcing agency or from such persons as may, by appropriate
11 resolution or regulation of the authorized state or local
12 enforcing agency, be delegated authority to issue such
13 permits, upon the payment of such reasonable fees adopted by
14 the enforcing agency. The enforcing agency is empowered to
15 revoke any such permit upon a determination by the agency that
16 the construction, erection, alteration, modification, repair,
17 or demolition of the building for which the permit was issued
18 is in violation of, or not in conformity with, the provisions
19 of the Florida State Minimum Building Code Codes.
20 Installation, replacement, removal, or metering of any load
21 management control device is exempt from and shall not be
22 subject to the permit process and fees otherwise required by
23 this section.
24 (2) After January 1, 1988, No enforcing agency may
25 issue any permit for construction, erection, alteration,
26 modification, repair, or demolition until the local building
27 code administrator or inspector, in conjunction with the
28 appropriate firesafety inspector, has reviewed the plans and
29 specifications for such proposal and both officials have found
30 the plans to be in compliance with the Florida applicable
31 State Minimum Building Code Codes and the Florida Fire
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1 Prevention Code and the Life Safety Code applicable firesafety
2 standards as determined by the local authority in accordance
3 with this chapter and chapter 633. Building plans approved
4 pursuant to s. 553.77(6) and state-approved manufactured
5 buildings are exempt from local codes enforcing agency plan
6 reviews except for provisions of the code relating to
7 erection, assembly, or construction at the site. Erection,
8 assembly, and construction at the site are subject to local
9 permitting and inspections. Any building or structure which is
10 not subject to a firesafety code and any building or structure
11 which is exempt from the local building permit process shall
12 not be required to have its plans reviewed by the local
13 officials. Industrial construction on sites where design,
14 construction, and firesafety are supervised by appropriate
15 design and inspection professionals and which contain adequate
16 in-house fire departments and rescue squads is exempt, subject
17 to local government option, from review of plans and
18 inspections, providing owners certify that applicable codes
19 and standards have been met and supply appropriate approved
20 drawings to local building and firesafety inspectors. The
21 enforcing agency shall issue a permit to construct, erect,
22 alter, modify, repair, or demolish any building when the plans
23 and specifications for such proposal comply with the
24 provisions of the Florida State Minimum Building Code Codes
25 and the Florida Fire Prevention Code and the Life Safety Code
26 applicable firesafety standards as determined by the local
27 authority in accordance with this chapter and chapter 633.
28 (3) Except as provided in this chapter, the Florida
29 State Minimum Building Code Codes, after the effective date of
30 their adoption pursuant to the provisions of this part, shall
31 supersede all other building construction codes or ordinances
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1 in the state, whether at the local or state level and whether
2 adopted by administrative regulation or by legislative
3 enactment, unless such building construction codes or
4 ordinances are more stringent than the State Minimum Building
5 Codes and the conditions of s. 553.73(4) are met. However,
6 this subsection does not apply to the manufacture of mobile
7 homes as defined by federal law chapter 320. Nothing
8 contained in this subsection shall be construed as nullifying
9 or divesting appropriate state or local agencies of authority
10 to make inspections or to enforce the codes within their
11 respective areas of jurisdiction.
12 (4) The Florida State Minimum Building Code Codes,
13 after the effective date of their adoption pursuant to the
14 provisions of this part, may be modified by local governments
15 to require more stringent standards than those specified in
16 the Florida State Minimum Building Code Codes, provided the
17 conditions of s. 553.73(4) are met.
18 (6) No permit may be issued for any building
19 construction, erection, alteration, modification, repair, or
20 addition unless the applicant for such permit provides to the
21 enforcing agency which issues the permit any of the following
22 documents which apply to the construction for which the permit
23 is to be issued and which shall be prepared by or under the
24 direction of an engineer registered under chapter 471:
25 (a) Electrical documents for any new building or
26 addition which requires an aggregate service capacity of 600
27 amperes (240 volts) or more on a residential electrical system
28 or 800 amperes (240 volts) or more on a commercial or
29 industrial electrical system and which costs more than
30 $50,000.
31
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1 (b) Plumbing documents for any new building or
2 addition which requires a plumbing system with more than 250
3 fixture units or which costs more than $50,000.
4 (c) Fire sprinkler documents for any new building or
5 addition which includes a fire sprinkler system which contains
6 50 or more sprinkler heads. A Contractor I, Contractor II, or
7 Contractor IV, certified under s. 633.521, may design a fire
8 sprinkler system of 49 or fewer heads and may design the
9 alteration of an existing fire sprinkler system if the
10 alteration consists of the relocation, addition, or deletion
11 of not more than 49 heads, notwithstanding the size of the
12 existing fire sprinkler system.
13 (d) Heating, ventilation, and air-conditioning
14 documents for any new building or addition which requires more
15 than a 15-ton-per-system capacity which is designed to
16 accommodate 100 or more persons or for which the system costs
17 more than $50,000. This paragraph does not include any
18 document for the replacement or repair of an existing system
19 in which the work does not require altering a structural part
20 of the building or for work on a residential one-family,
21 two-family, three-family, or four-family structure.
22 (e) Any specialized mechanical, electrical, or
23 plumbing document for any new building or addition which
24 includes a medical gas, oxygen, steam, vacuum, toxic air
25 filtration, halon, or fire detection and alarm system which
26 costs more than $5,000.
27
28 Documents requiring an engineer seal by this part No such
29 document shall not be valid unless a professional engineer who
30 possesses a valid certificate of registration has signed,
31 dated, and stamped such document as provided in s. 471.025.
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1 (9) Any state agency with building construction
2 responsibility may enter into an agreement with any other unit
3 of government to delegate its responsibility to enforce the
4 delegate's building code governing the construction, erection,
5 alteration, repair, or demolition of any state building and is
6 authorized to expend public funds for permit and inspection
7 fees, which fees may be no greater than the fees charged
8 others.
9 (10) An enforcing authority may not issue a building
10 permit for any building construction, erection, alteration,
11 modification, repair, or addition unless the permit either
12 includes on its face or there is attached to the permit the
13 following statement: "NOTICE: In addition to the requirements
14 of this permit, there may be additional restrictions
15 applicable to this property that may be found in the public
16 records of this county, and there may be additional permits
17 required from other governmental entities such as water
18 management districts, state agencies, or federal agencies."
19 (14) A building permit for a single-family residential
20 dwelling must be issued within 30 working days of application
21 therefor unless unusual circumstances require a longer time
22 for processing the application or unless the permit
23 application fails to satisfy the Florida Building Code or the
24 enforcing agency's laws or, ordinances, or codes.
25 (17) Notwithstanding any other provision of law, state
26 agencies responsible for the construction, erection,
27 alteration, modification, repair, or demolition of public
28 buildings, or the regulation of public and private buildings,
29 structures, and facilities, shall be subject to enforcement of
30 the Florida Building Code by local jurisdictions. This
31 subsection applies in addition to the jurisdiction and
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1 authority of the Department of Insurance to inspect
2 state-owned buildings. This subsection does not apply to the
3 jurisdiction and authority of the Department of Agriculture
4 and Consumer Services to inspect amusement rides or the
5 Department of Insurance to inspect state owned buildings and
6 boilers.
7 Section 50. Subsections (1) and (2) of section 553.80,
8 Florida Statutes, are amended to read:
9 553.80 Enforcement.--
10 (1) It shall be the responsibility of each local
11 government, each legally constituted enforcement district, and
12 each state agency with statutory authority to regulate
13 building construction to enforce the building code adopted by
14 such body in accordance with s. 553.73, unless such
15 responsibility has been delegated to another unit of
16 government pursuant to s. 553.79(9). The governing bodies of
17 local governments may provide a schedule of fees for the
18 enforcement of the provisions of this part. Such fees shall
19 be used solely for carrying out the local government's
20 responsibilities in enforcing the code. The authority of state
21 enforcing agencies to set fees for enforcement shall be
22 derived from authority existing on the effective date of this
23 act. However, nothing contained in this subsection shall
24 operate to limit such agencies from adjusting their fee
25 schedule in conformance with existing authority.
26 (2) Except for charter counties, Any two or more
27 counties or municipalities, or any combination thereof, may,
28 in accordance with the provisions of chapter 163, governing
29 interlocal agreements, form an enforcement district for the
30 purpose of adopting, enforcing, and administering the
31 provisions of the State Minimum Building Codes. Each district
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1 so formed shall be registered with the department on forms to
2 be provided for that purpose. Nothing in this subsection shall
3 be construed to supersede provisions of county charters which
4 preempt municipal authorities respective to building codes.
5 Section 51. Effective January 1, 2001, section 553.80,
6 Florida Statutes, as amended by this act, is amended to read:
7 553.80 Enforcement.--
8 (1) It shall be the responsibility of each local
9 government and, each legally constituted enforcement district,
10 and each state agency with statutory authority to regulate
11 building construction to enforce the Florida Building Code
12 required by this part on all public or private buildings,
13 structures, and facilities adopted by such body in accordance
14 with s. 553.73, unless such responsibility has been delegated
15 to another unit of government pursuant to s. 553.79(9). The
16 governing bodies of local governments may provide a schedule
17 of fees, as authorized by s. 125.56(2) or s. 166.222 and this
18 section, for the enforcement of the provisions of this part.
19 Such fees shall be used solely for carrying out the
20 responsibilities of enforcing the Florida Building Code. The
21 authority of state enforcing agencies to set fees for
22 enforcement shall be derived from authority existing on the
23 effective date of this act. However, nothing contained in this
24 subsection shall operate to limit such agencies from adjusting
25 their fee schedule in conformance with existing authority.
26 (2)(a) Any two or more counties or municipalities, or
27 any combination thereof, may, in accordance with the
28 provisions of chapter 163, governing interlocal agreements,
29 form an enforcement district for the purpose of adopting,
30 enforcing, and administering the provisions of the Florida
31 State Minimum Building Code Codes. Each district so formed
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1 shall be registered with the department on forms to be
2 provided for that purpose. Nothing in this subsection shall be
3 construed to supersede provisions of county charters which
4 preempt municipal authorities respective to building codes.
5 (b) With respect to evaluation of design
6 professionals' documents, if a local government finds it
7 necessary, in order to enforce compliance with the Florida
8 Building Code and issue a permit, to reject design documents
9 required by the code three or more times for failure to
10 correct a code violation specifically and continuously noted
11 in each rejection, including, but not limited to, egress, fire
12 protection, structural stability, energy, accessibility,
13 lighting, ventilation, electrical, mechanical, plumbing, and
14 gas systems, or other requirements identified by rule of the
15 Florida Building Commission adopted pursuant to chapter 120,
16 the local government shall impose, each time after the third
17 such review the plans are rejected for that code violation, a
18 fee of four times the amount of the proportion of the permit
19 fee attributed to plans review.
20 (c) With respect to inspections, if a local government
21 finds it necessary, in order to enforce compliance with the
22 Florida Building Code, to conduct any inspection after an
23 initial inspection and one subsequent reinspection of any
24 project or activity for the same code violation specifically
25 and continuously noted in each rejection, including, but not
26 limited to, egress, fire protection, structural stability,
27 energy, accessibility, lighting, ventilation, electrical,
28 mechanical, plumbing, and gas systems, or other requirements
29 identified by rule of the Florida Building Commission adopted
30 pursuant to chapter 120, the local government shall impose a
31 fee of four times the amount of the fee imposed for the
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1 initial inspection or first reinspection, whichever is
2 greater, for each such subsequent reinspection.
3 (3) Each enforcement district shall be governed by a
4 board, the composition of which shall be determined by the
5 affected localities. At its own option each enforcement
6 district or local enforcement agency may promulgate rules
7 granting to the owner of a single-family residence one or more
8 exemptions from the Florida State Minimum Building Code Codes
9 relating to:
10 (a) Addition, alteration, or repairs performed by the
11 property owner upon his or her own property, provided any
12 addition or alteration shall not exceed 1,000 square feet or
13 the square footage of the primary structure, whichever is
14 less.
15 (b) Addition, alteration, or repairs by a nonowner
16 within a specific cost limitation set by rule, provided the
17 total cost shall not exceed $5,000 within any 12-month period.
18 (c) Building and inspection fees.
19
20 Each code exemption, as defined in paragraphs (a), (b), and
21 (c), shall be certified to the local board 10 days prior to
22 implementation and shall only be effective in the territorial
23 jurisdiction of the enforcement district or local enforcement
24 agency implementing it.
25 (4) When an enforcement district has been formed as
26 provided herein, upon its registration with the department, it
27 shall have the same authority and responsibility with respect
28 to building codes as provided by this part for local governing
29 bodies.
30 (5) State and regional agencies with special expertise
31 in building code standards and licensing of contractors and
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1 design professionals shall provide support to local
2 governments upon request.
3 (6) Notwithstanding any other provision of law, state
4 universities, community colleges, and public school districts
5 shall be subject to enforcement of the Florida Building Code
6 pursuant to this part.
7 (a) State universities, state community colleges, or
8 public school districts shall conduct plan review and
9 construction inspections to enforce building code compliance
10 for their building projects that are subject to the Florida
11 Building Code. Such entities shall have personnel
12 appropriately certified under part XII of chapter 468 perform
13 the plan reviews and inspections required by the code. Under
14 such arrangements, such entities shall not be subject to local
15 government permitting requirements, plans review, and
16 inspection fees. State universities, state community colleges,
17 and public school districts shall be liable and responsible
18 for all of their buildings, structures, and facilities.
19 Nothing in this paragraph shall be construed to limit the
20 authority of the county, municipality, or code enforcement
21 district to ensure that buildings, structures, and facilities
22 owned by such entities comply with the Florida Building Code
23 or to limit the authority and responsibility of the fire
24 official to conduct firesafety inspections pursuant to chapter
25 633.
26 (b) If a state university, state community college, or
27 public school district elects to use a local government's code
28 enforcement offices:
29 1. Fees charged by counties and municipalities for
30 enforcement of the Florida Building Code on buildings,
31 structures, and facilities of state universities, state
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1 colleges, and public school districts shall not be more than
2 the actual labor and administrative costs incurred for plans
3 review and inspections to ensure compliance with the code.
4 2. Counties and municipalities shall expedite building
5 construction permitting, building plans review, and
6 inspections of projects of state universities, state community
7 colleges, and public school districts which are subject to the
8 Florida Building Code according to guidelines established by
9 the Florida Building Commission.
10 (c) The Florida Building Commission and code
11 enforcement jurisdictions shall consider balancing code
12 criteria and enforcement to unique functions, where they
13 occur, of research institutions by application of performance
14 criteria in lieu of prescriptive criteria.
15
16 Nothing in this part shall be construed to authorize counties,
17 municipalities, or code enforcement districts to conduct any
18 permitting, plans review, or inspections not covered by the
19 Florida Building Code. Any actions by counties or
20 municipalities not in compliance with this part may be
21 appealed to the Florida Building Commission. The commission,
22 upon a determination that actions not in compliance with this
23 part have delayed permitting or construction, may suspend the
24 authority of a county, municipality, or code enforcement
25 district to enforce the Florida Building Code on the
26 buildings, structures, or facilities of a state university,
27 state community college, or public school district and provide
28 for code enforcement at the expense of the state university,
29 state community college, or public school district.
30 Section 52. Section 553.841, Florida Statutes, is
31 created to read:
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1 553.841 Building code training program; participant
2 competency requirements.--
3 (1) The Legislature finds that the effectiveness of
4 the building codes of this state depends on the performance of
5 all participants, as demonstrated through knowledge of the
6 codes and commitment to compliance with code directives and
7 that to strengthen compliance by industry and enforcement by
8 government, a Building Code Training Program is needed.
9 (2) The commission shall establish the Building Code
10 Training Program to develop and provide a core curriculum and
11 advance module courses relating to the Florida Building Code
12 and a system of administering and enforcing the Florida
13 Building Code.
14 (3) The program shall be developed, implemented, and
15 administered by the commission in consultation with the
16 Department of Education, the Department of Community Affairs,
17 the Department of Business and Professional Regulation, the
18 State University System, and the Division of Community
19 Colleges.
20 (4) The commission may enter into contracts with the
21 Department of Education, the State University System, the
22 Division of Community Colleges, model code organizations,
23 professional organizations, vocational-technical schools,
24 trade organizations, and private industry to administer the
25 program.
26 (5) The program shall be affordable, accessible,
27 meaningful, financially self-sufficient and shall make maximum
28 use of existing sources, systems, institutions, and programs
29 available through private sources.
30 (6) The commission, in coordination with the
31 Department of Community Affairs, the Department of Business
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1 and Professional Regulation, the respective licensing boards,
2 and the State Fire Marshal shall develop or cause to be
3 developed:
4 (a) A core curriculum which is prerequisite to all
5 specialized and advanced module course work.
6 (b) A set of specialized and advanced modules
7 specifically designed for use by each profession.
8 (7) The core curriculum shall cover the information
9 required to have all categories of participants appropriately
10 informed as to their technical and administrative
11 responsibilities in the effective execution of the code
12 process by all individuals currently licensed under part XII
13 of chapter 468 or chapters 471, 481, or 489, except as
14 otherwise provided in s. 471.017. The core curriculum shall
15 be prerequisite to the advanced module course work for all
16 licensees and shall be completed by individuals licensed in
17 all categories under part XII of chapter 468 or chapters 471,
18 481, or 489 within the first 2-year period after establishment
19 of the program. Core course hours taken by licensees to
20 complete this requirement shall count toward fulfillment of
21 required continuing education units under part XII of chapter
22 468 or chapters 471, 481, or 489.
23 (8) The commission, in consultation with the
24 Department of Business and Professional Regulation and the
25 respective licensing boards, shall develop or cause to be
26 developed an equivalency test for each category of licensee.
27 Such test may be taken in lieu of the core curriculum. A
28 passing score on the test shall be equivalent to completion of
29 the core curriculum and shall be credited toward the required
30 number of hours of continuing education.
31
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1 (9) The commission, in consultation with the
2 Department of Business and Professional Regulation, shall
3 develop or cause to be developed, or approve as a part of the
4 program, a core curriculum and specialized or advanced module
5 course work for the construction workforce, including, but not
6 limited to, superintendents, journeymen, and residential
7 designers.
8 (10) The respective state boards under part XII of
9 chapter 468, chapters 471, 481, and 489, and the State Fire
10 Marshal under chapter 633, shall require specialized or
11 advanced course modules as part of their regular continuing
12 education requirements.
13 Section 53. (1) The commission, in consultation with
14 the respective professional licensing boards within the
15 Department of Business and Professional Regulation, the
16 Department of Education, the Department of Labor and
17 Employment Security, the State University System, Community
18 Colleges, and the entity administering the Code Training
19 Program, shall develop a program and standards for providing
20 entry level construction workers:
21 (a) Long-term training intended to produce crafts
22 people who are competent to perform all tasks associated with
23 a specific trade.
24 (b) Short-term intensive training intended to teach
25 specific skills within a trade.
26 (c) Brief in-service training intended to inform
27 workers regarding new code requirements, construction
28 techniques, and materials.
29 (2) The commission, in consultation with the
30 respective licensing boards within the Department of Business
31 and Professional Regulation, the Department of Education, the
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1 State University System, the Division of Community Colleges,
2 and the Department of Labor and Employment Security, shall
3 develop a proposed method of implementing the training
4 programs in subsection (1) that is a combination of:
5 (a) Mandatory licensing which enforces initial
6 qualification requirements and continuing education
7 requirements.
8 (b) Mandatory training which establishes and enforces
9 training standards.
10 (c) Voluntary training not enforced by a government
11 agency.
12 (3) The commission shall present the implementation
13 proposal to the Legislature in a report no later than January
14 31, 2000.
15 Section 54. Section 553.842, Florida Statutes, is
16 created to read:
17 553.842 Product evaluation and approval.--
18 (1) The commission may adopt rules pursuant to ss.
19 120.536(1) and 120.54 to develop and implement a product
20 evaluation and approval system to operate in coordination with
21 the Florida Building Code. The product evaluation and
22 approval system shall provide:
23 (a) Appropriate promotion of innovation and new
24 technologies.
25 (b) Processing submittals of products from
26 manufacturers in a timely manner.
27 (c) Independent, third-party qualified and accredited
28 testing and laboratory facilities.
29 (d) An easily accessible product acceptance list to
30 entities subject to the Florida Building Code.
31
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1 (e) Development of stringent but reasonable testing
2 criteria based upon existing consensus standards, when
3 available, for products.
4 (f) Long-term approvals, where feasible.
5 (g) Recall or revocation of a product approval.
6 (h) Cost effectiveness.
7 (2) The product evaluation and approval system shall
8 rely on regional, national, and international consensus
9 standards, whenever adopted by the Florida Building Code, for
10 demonstrating compliance with code standards. Other standards
11 which meet or exceed established state requirements shall also
12 be considered.
13 (3) Products or methods or systems of construction
14 required to be approved and certified by an approved product
15 evaluation entity as complying with the standards specified by
16 the code shall be permitted to be used statewide, without
17 further evaluation or approval.
18 (4) Products may be approved either by the commission
19 for statewide use, or by a local building department for use
20 in that department's jurisdiction only. Notwithstanding a
21 local government's authority to amend the Florida Building
22 Code as provided in this act, statewide approval shall
23 preclude local jurisdictions from requiring further testing,
24 evaluation, or submission of other evidence as a condition of
25 using the product so long as the product is being used
26 consistent with the conditions of its approval.
27 (5) Statewide and local approval of products or
28 methods or systems of construction shall be achieved by:
29 (a) Submittal and validation of a product evaluation
30 report from an approved product evaluation entity indicating
31 the product or method or system of construction was tested to
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1 be in compliance with the Florida Building Code or with the
2 intent of the Florida Building Code and the product or method
3 or system of construction is, for the purpose intended, at
4 least equivalent of that required by the Florida Building
5 Code; or
6 (b) Submittal and validation of a product evaluation
7 report or rational analysis which is signed and sealed by a
8 professional engineer or architect, licensed in this state,
9 who has no conflict of interest, as determined by national
10 guidelines, who certifies that the product or method or system
11 of construction is, for the purpose intended, at least
12 equivalent of that required by the Florida Building Code. Any
13 product approved under this procedure shall be required to be
14 manufactured under a quality assurance program, certified by
15 an approved product evaluation entity.
16 (6) A building official may deny the local application
17 of a product or method or system of construction which has
18 received statewide approval, based upon a written report
19 signed by the official that concludes the product application
20 is inconsistent with the statewide approval and that states
21 the reasons the application is inconsistent. Such denial is
22 subject to the provisions of s. 553.77.
23 (7) Products, other than manufactured buildings, which
24 are custom fabricated or assembled shall not require separate
25 approval under this section provided the component parts have
26 been approved for the fabricated or assembled product's use
27 and the components meet the standards and requirements of the
28 Florida Building Code which applies to the products's intended
29 use.
30 (8) A building official may appeal the required
31 approval for local use of a product or method or system of
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1 construction to the commission. The commission shall
2 establish expedited procedures to handle such appeals.
3 (9) The decisions of local building officials shall be
4 appealable to the local board of appeals, if such board
5 exists, then to the commission. Decisions of the commission
6 regarding statewide product approvals and appeals of local
7 product approval shall be subject to judicial review pursuant
8 to s. 120.68.
9 (10) The commission shall maintain a list of the
10 approved products and product evaluation entities and make
11 such list available in the most cost effective manner. The
12 commission shall establish reasonable time frames associated
13 with the product approval process and availability of the
14 list.
15 (11) The commission may establish reasonable and
16 appropriate fees for the review of rational analyses and
17 certification of manufactured buildings submitted pursuant to
18 this section and may enter into any contracts the commission
19 deems necessary in order to implement this section.
20 (12) Products certified or approved for statewide or
21 local use by an approved product evaluation entity prior to
22 the effective date of this act shall be deemed to be approved
23 for use in this state pursuant to this section and to comply
24 with this section.
25
26 For purposes of this section, an approved product evaluation
27 entity is an entity that has been accredited by a nationally
28 recognized independent evaluation authority or entity
29 otherwise approved by the commission.
30 Section 55. Section 553.905, Florida Statutes, is
31 amended to read:
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1 553.905 Thermal efficiency standards for new
2 residential buildings.--Thermal designs and operations for new
3 residential buildings for which building permits are obtained
4 after March 15, 1979, shall at a minimum take into account
5 exterior envelope physical characteristics, HVAC system
6 selection and configuration, HVAC equipment performance, and
7 service water heating design and equipment selection and shall
8 not be required to meet standards more stringent than the
9 provisions of the Florida Energy Efficiency Code for Building
10 Construction. HVAC equipment mounted in an attic or a garage
11 shall not be required to have supplemental insulation in
12 addition to that installed by the manufacturer. All new
13 residential buildings, except those herein exempted, shall
14 have insulation in ceilings rated at R-19 or more, space
15 permitting. Thermal efficiency standards do not apply to a
16 building of less than 1,000 square feet which is not primarily
17 used as a principal residence and which is constructed and
18 owned by a natural person for hunting or similar recreational
19 purposes; however, no such person may build more than one
20 exempt building in any 12-month period.
21 Section 56. Effective January 1, 2001, paragraph (c)
22 of subsection (2) of section 627.351, Florida Statutes, is
23 amended to read:
24 627.351 Insurance risk apportionment plans.--
25 (2) WINDSTORM INSURANCE RISK APPORTIONMENT.--
26 (c) The provisions of paragraph (b) are applicable
27 only with respect to:
28 1. Those areas that were eligible for coverage under
29 this subsection on April 9, 1993; or
30 2. Any county or area as to which the department,
31 after public hearing, finds that the following criteria exist:
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1 a. Due to the lack of windstorm insurance coverage in
2 the county or area so affected, economic growth and
3 development is being deterred or otherwise stifled in such
4 county or area, mortgages are in default, and financial
5 institutions are unable to make loans;
6 b. The county or area so affected has adopted and is
7 enforcing the structural requirements of the Florida State
8 Minimum Building Code Codes, as defined in s. 553.73, for new
9 construction and has included adequate minimum floor elevation
10 requirements for structures in areas subject to inundation;
11 and
12 c. Extending windstorm insurance coverage to such
13 county or area is consistent with and will implement and
14 further the policies and objectives set forth in applicable
15 state laws, rules, and regulations governing coastal
16 management, coastal construction, comprehensive planning,
17 beach and shore preservation, barrier island preservation,
18 coastal zone protection, and the Coastal Zone Protection Act
19 of 1985.
20
21 The department shall consider reports of the Florida Building
22 Commission when evaluating building code enforcement. Any time
23 after the department has determined that the criteria referred
24 to in this subparagraph do not exist with respect to any
25 county or area of the state, it may, after a subsequent public
26 hearing, declare that such county or area is no longer
27 eligible for windstorm coverage through the plan.
28 Section 57. Effective January 1, 2001, subsection (1)
29 of section 633.01, Florida Statutes, is amended, and
30 subsections (7) and (8) are added to said section, to read:
31 633.01 State Fire Marshal; powers and duties; rules.--
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1 (1) The head of the Department of Insurance shall be
2 designated as "State Fire Marshal." The State Fire Marshal
3 shall make and promulgate all rules necessary to implement the
4 provisions of this chapter which grant powers and impose
5 duties on the State Fire Marshal and to effectuate the
6 enforcement of such powers and duties. However, The
7 department shall not adopt the Florida Fire Prevention Code
8 and the Life Safety Code minimum firesafety standards, except
9 to the extent required by s. 394.879.
10 (7) It is the intent of the Legislature that there are
11 to be no conflicting requirements between the Florida Fire
12 Prevention Code and the Life Safety Code authorized by this
13 chapter and the provisions of the Florida Building Code or
14 conflicts in their enforcement and interpretation. Potential
15 conflicts shall be resolved through coordination and
16 cooperation of the State Fire Marshal and the Florida Building
17 Commission as provided by this chapter and part VII of chapter
18 553.
19 (8) The Department of Insurance shall issue, when
20 requested in writing by any substantially affected person or a
21 local enforcing agency, declaratory statements pursuant to s.
22 120.565 relating to the Florida Fire Prevention Code and the
23 Life Safety Code. Such declaratory statements shall apply
24 prospectively, except whenever the State Fire Marshal
25 determines that a serious threat to life exists that warrants
26 retroactive application.
27 Section 58. Effective January 1, 2001, section
28 633.0215, Florida Statutes, is created to read:
29 633.0215 Florida Fire Prevention Code.--
30 (1) The department shall adopt, by rule pursuant to
31 ss. 120.536(1) and 120.54, the Florida Fire Prevention Code
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1 which shall contain or incorporate by reference all firesafety
2 laws and rules that pertain to and govern the design,
3 construction, erection, alteration, modification, repair, and
4 demolition of public and private buildings, structures, and
5 facilities and the enforcement of such firesafety laws and
6 rules.
7 (2) The department shall adopt the National Fire
8 Protection Association's Standard 1, Fire Prevention Code.
9 The department shall adopt the Life Safety Code, Pamphlet 101,
10 current editions, by reference. The department may modify the
11 selected codes and standards as needed to accommodate the
12 specific needs of the state. Standards or criteria in the
13 selected codes shall be similarly incorporated by reference.
14 The department shall incorporate within sections of the
15 Florida Fire Prevention Code provisions that address uniform
16 fire safety standards as established in s. 633.022. The
17 department shall incorporate within sections of the Florida
18 Fire Prevention Code provisions addressing regional and local
19 concerns and variations.
20 (3) Any local amendment to the Florida Fire Prevention
21 Code adopted by a local government shall be effective only
22 until the adoption by the department of the new edition of the
23 Florida Fire Prevention Code, which shall be every third year.
24 At such time, the department shall adopt such amendment as
25 part of the Florida Fire Prevention Code or rescind the
26 amendment. The department shall immediately notify the
27 respective local government of the rescission of the
28 amendment. After receiving such notice, the respective local
29 government may readopt the rescinded amendment. Incorporation
30 of local amendments as regional and local concerns and
31 variations shall be considered as adoption of an amendment
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1 pursuant to this part. Notwithstanding other state or local
2 building and construction code laws to the contrary, locally
3 adopted fire code requirements that were in existence on the
4 effective date of this section shall be deemed local
5 variations of the Florida Fire Prevention Code until the
6 department takes action to adopt or rescind such requirements
7 as provided herein and such action shall take place no later
8 than January 1, 2001.
9 (4) The department shall update, by rule adopted
10 pursuant to ss. 120.536(1) and 120.54, the Florida Fire
11 Prevention Code every 3 years. Once initially adopted and
12 subsequently updated by the department, the Florida Fire
13 Prevention Code and the Life Safety Code shall be adopted for
14 use statewide without adoptions by local governments. When
15 updating the Florida Fire Prevention Code and the most recent
16 edition of the Life Safety Code, the department shall consider
17 changes made by the national model fire codes incorporated
18 into the Florida Fire Prevention Code, the department's own
19 interpretations, declaratory statements, appellate decisions,
20 and approved statewide and local technical amendments.
21 (5) The department may approve technical amendments
22 notwithstanding the 3-year update cycle of the Florida Fire
23 Prevention Code upon finding that a threat to life exists that
24 would warrant such action, subject to chapter 120.
25 (6) The Florida Fire Prevention Code does not apply
26 to, and no code enforcement action shall be brought with
27 respect to, zoning requirements or land use requirements.
28 Additionally, a local code enforcement agency may not
29 administer or enforce the Florida Fire Prevention Code to
30 prevent the siting of any publicly owned facility, including,
31 but not limited to, correctional facilities, juvenile justice
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1 facilities, or state universities, community colleges, or
2 public education facilities. This section shall not be
3 construed to prohibit local government from imposing built-in
4 fire protection systems or fire-related infrastructure
5 requirements needed to properly protect the intended facility.
6 Section 59. Effective January 1, 2001, section
7 633.025, Florida Statutes, is amended to read:
8 633.025 Minimum firesafety standards.--
9 (1) The Florida Fire Prevention Code and the Life
10 Safety Code adopted by the Department of Insurance, Each
11 municipality, county, and special district with firesafety
12 responsibilities shall adopt minimum firesafety standards
13 which shall operate in conjunction with the Florida state
14 minimum Building Code, shall be deemed adopted by each
15 municipality, county, and special district with firesafety
16 responsibilities such local jurisdiction as required by s.
17 553.73. The minimum firesafety codes standards shall not
18 apply to buildings and structures subject to the uniform
19 firesafety standards under s. 633.022 and buildings and
20 structures subject to the minimum firesafety standards adopted
21 pursuant to s. 394.879.
22 (2) Pursuant to subsection (1), each municipality,
23 county, and special district with firesafety responsibilities
24 shall adopt and enforce the Florida Fire Prevention Code and
25 the Life Safety Code codes specified in paragraph (a),
26 paragraph (b), paragraph (c), or paragraph (d) as the minimum
27 firesafety code required by this section:
28 (a) The Standard Fire Prevention Code, 1985 edition or
29 subsequent edition, as adopted by the Southern Building Code
30 Congress International.
31 (b) The EPCOT Fire Prevention Code.
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1 (c) The National Fire Protection Association (NFPA)
2 Pamphlet 1, 1985 edition or subsequent edition.
3 (d) The South Florida Fire Prevention Code, subject to
4 the provisions of subsection (4).
5 (3) The most current edition of the In addition, each
6 municipality, county, and special district with firesafety
7 responsibilities shall adopt National Fire Protection
8 Association (NFPA) 101, Life Safety Code, adopted by the
9 Department of Insurance, shall be deemed to be adopted by each
10 municipality, county, and special district with firesafety
11 responsibilities , 1985 edition or subsequent edition, as part
12 of the minimum firesafety code.
13 (4) It is the intent of the Legislature that a South
14 Florida Fire Prevention Code be promulgated as a further
15 option to counties, municipalities, and special districts with
16 firesafety responsibilities as an alternative to the
17 firesafety codes specified in paragraphs (2)(a), (b), and (c).
18 In the event that an appropriate South Florida Fire Prevention
19 Code is submitted by the Broward County Board of Rules and
20 Appeals or the Dade County Board of Rules and Appeals to the
21 Legislature by March 1, 1988, such code or codes shall be
22 deemed to be an alternative to the firesafety codes specified
23 in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless
24 the Legislature expressly prohibits the use of such code.
25 Until July 1, 1988, Dade and Broward Counties may use the
26 firesafety standards within their current Fire Prevention Code
27 as an alternative. In the event Dade or Broward County fails
28 to adopt a South Florida Fire Prevention Code as of July 1,
29 1988, then such county shall be subject to subsections (2),
30 (3), and (6).
31
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1 (4)(5) Such codes shall be minimum codes and a
2 municipality, county, or special district with firesafety
3 responsibilities may adopt more stringent firesafety
4 standards, subject to the requirements of this subsection.
5 Such county, municipality, or special district may establish
6 alternative requirements to those requirements which are
7 required under the minimum firesafety standards on a
8 case-by-case basis, in order to meet special situations
9 arising from historic, geographic, or unusual conditions, if
10 the alternative requirements result in a level of protection
11 to life, safety, or property equal to or greater than the
12 applicable minimum firesafety standards. For the purpose of
13 this subsection, the term "historic" means that the building
14 or structure is listed on the National Register of Historic
15 Places of the United States Department of the Interior.
16 (a) The local governing body shall determine,
17 following a public hearing which has been advertised in a
18 newspaper of general circulation at least 10 days before the
19 hearing, if there is a need to strengthen the requirements of
20 the minimum firesafety code adopted by such governing body.
21 The determination must be based upon a review of local
22 conditions by the local governing body, which review
23 demonstrates that local conditions justify more stringent
24 requirements than those specified in the minimum firesafety
25 code for the protection of life and property or justify
26 requirements that meet special situations arising from
27 historic, geographic, or unusual conditions.
28 (b) Such additional requirements shall not be
29 discriminatory as to materials, products, or construction
30 techniques of demonstrated capabilities.
31
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1 (c) Paragraphs (a) and (b) apply solely to the local
2 enforcing agency's adoption of requirements more stringent
3 than those specified in the Florida Fire Prevention Code and
4 the Life Safety Code that have the effect of amending building
5 construction standards. Upon request, the enforcing agency
6 shall provide a person making application for a building
7 permit, or any state agency or board with construction-related
8 regulation responsibilities, a listing of all such
9 requirements and codes.
10 (d) A local government which adopts amendments to the
11 minimum firesafety code must provide a procedure by which the
12 validity of such amendments may be challenged by any
13 substantially affected party to test the amendment's
14 compliance with the provisions of this section.
15 1. Unless the local government agrees to stay
16 enforcement of the amendment, or other good cause is shown,
17 the challenging party shall be entitled to a hearing on the
18 challenge within 45 days.
19 2. For purposes of such challenge, the burden of proof
20 shall be on the challenging party, but the amendment shall not
21 be presumed to be valid or invalid.
22
23 A substantially affected person may appeal, to the Department
24 of Insurance, the local government's resolution of the
25 challenge and the department shall determine if the amendment
26 complies with this section. Actions of the department are
27 subject to judicial review pursuant to s. 120.68. The
28 department shall consider reports of the Florida Building
29 Commission, pursuant to part VII of chapter 533, when
30 evaluating building code enforcement.
31
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1 (6) The minimum firesafety standards that counties,
2 municipalities, and special districts are required to adopt
3 pursuant to this section shall be adopted by January 1, 1988.
4 No municipality or county or special district shall be
5 required to amend an ordinance which presently complies with
6 this section. In the event that any such local governmental
7 entity fails to adopt minimum firesafety standards by January
8 1, 1988, the minimum firesafety standards shall consist of the
9 Standard Fire Prevention Code, 1985 edition, and National Fire
10 Protection Association (NFPA) 101, Life Safety Code, 1985
11 edition.
12 (5)(7) The new building or structure provisions
13 enumerated within the firesafety code adopted pursuant to this
14 section shall apply only to buildings or structures for which
15 the building permit is issued on or after the effective date
16 of this act January 1, 1988. Subject to the provisions of
17 subsection (6) (8), the existing building or structure
18 provisions enumerated within the firesafety code adopted
19 pursuant to this section shall apply to buildings or
20 structures for which the building permit was issued or the
21 building or structure was constructed prior to the effective
22 date of this act January 1, 1988.
23 (6)(8) With regard to existing buildings, the
24 Legislature recognizes that it is not always practical to
25 apply any or all of the provisions of the minimum firesafety
26 code and that physical limitations may require
27 disproportionate effort or expense with little increase in
28 lifesafety. Prior to applying the minimum firesafety code to
29 an existing building, the local fire official shall determine
30 that a threat to lifesafety or property exists. If a threat to
31 lifesafety or property exists, the fire official shall apply
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1 the applicable firesafety code for existing buildings to the
2 extent practical to assure a reasonable degree of lifesafety
3 and safety of property or the fire official shall fashion a
4 reasonable alternative which affords an equivalent degree of
5 lifesafety and safety of property. The decision of the local
6 fire official may be appealed to the local administrative
7 board described in s. 553.73.
8 (7)(9) Nothing herein shall preclude a municipality,
9 county, or special district from requiring a structure to be
10 maintained in accordance with the applicable firesafety code.
11 (10) With respect to standards established by the
12 National Fire Protection Association (NFPA) 101, Life Safety
13 Code, 1985 edition, s. 19-3.4.2.1, those standards shall not
14 apply to structures having direct access to the outside from
15 each living unit and having three stories or less.
16 (8)(11) With respect to standards established by the
17 National Fire Protection Association (NFPA) 101, Life Safety
18 Code, 1985 edition, s. 19-3.4.4.1, Battery operated smoke
19 detectors shall be considered as an approved detection device
20 for residential buildings having direct access to the outside
21 from each living unit and having three stories or less.
22 (9) The provisions of the Life Safety Code shall not
23 apply to newly constructed one-family and two-family
24 dwellings. However, fire sprinkler protection may be
25 permitted by local government in lieu of other fire protection
26 related development requirements in such structures.
27 Section 60. Paragraph (a) of subsection (1) of section
28 633.085, Florida Statutes, is amended to read:
29 633.085 Inspections of state buildings and premises;
30 tests of firesafety equipment; building plans to be
31 approved.--
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1 (1)(a) It is the duty of the State Fire Marshal and
2 her or his agents to inspect, or cause to be inspected, each
3 state-owned or state-leased building on a recurring basis
4 established by rule, and to ensure that high-hazard
5 occupancies are inspected at least annually, for the purpose
6 of ascertaining and causing to be corrected any conditions
7 liable to cause fire or endanger life from fire and any
8 violation of the firesafety standards for state-owned and
9 state-leased buildings, the provisions of this chapter, or the
10 rules or regulations adopted and promulgated pursuant hereto.
11 The State Fire Marshal shall, within 7 days following an
12 inspection, submit a report of such inspection to the head of
13 the department of state government responsible for the
14 building.
15 Section 61. Subsection (1) of section 633.72, Florida
16 Statutes, is amended to read:
17 633.72 Florida Fire Code Advisory Council.--
18 (1) There is created within the department the Florida
19 Fire Code Advisory Council with seven members appointed by the
20 State Fire Marshal. The council, in cooperation with the
21 Florida Building Commission, shall advise and recommend to the
22 State Fire Marshal and, where appropriate, for further
23 recommendation to the Legislature changes in and
24 interpretation of the firesafety codes that have the effect of
25 conflicting with building construction standards that are
26 adopted pursuant to s. 633.0215 ss. 633.022 and 633.025. The
27 members of the council shall represent the following groups
28 and professions:
29 (a) One member shall be the State Fire Marshal, or his
30 or her designated appointee who shall be an administrative
31 employee of the marshal;
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1 (b) One member shall be an administrative officer from
2 a fire department representing a municipality or a county
3 selected from a list of persons submitted by the Florida Fire
4 Chiefs Association;
5 (c) One member shall be an architect licensed in the
6 state selected from a list of persons submitted by the Florida
7 Association/American Institute of Architects;
8 (d) One member shall be a structural engineer
9 registered to practice in the state selected from a list of
10 persons submitted by the Florida Engineering Society;
11 (e) One member shall be an administrative officer from
12 a building department of a county or municipality selected
13 from a list of persons submitted by the Building Officials
14 Association of Florida;
15 (f) One member shall be a contractor licensed in the
16 state selected from a list submitted by the Florida Home
17 Builders Association; and
18 (g) One member shall be representative of the general
19 public.
20 (h) The administrative staff of the State Fire Marshal
21 shall attend meetings of the Florida Building Commission and
22 coordinate efforts to provide consistency between the Florida
23 Building Code and the Florida Fire Prevention Code and the
24 Life Safety Code.
25
26 The council and Florida Building Commission shall cooperate
27 through joint representation and staff coordination.
28 Section 62. (1) Before the 2000 Regular Session of
29 the Legislature, the Florida Building Commission shall submit
30 to the Legislature, for review and approval or rejection, the
31 Florida Building Code adopted by the commission and shall
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1 prepare list of recommendations of revisions to the Florida
2 Statutes necessitated by adoption of the Florida Building Code
3 if the Legislature approves the Florida Building Code.
4 (2) Upon approval of the Florida Building Code by the
5 Legislature, all existing local technical amendments to any
6 building code adopted by any local government are repealed.
7 Each local government may readopt such amendments pursuant to
8 s. 553.73, Florida Statutes, provided such amendments comply
9 with applicable provisions of the Florida Building Code.
10 Section 63. The Legislature recognizes that
11 maintaining public school buildings is a costly endeavor. The
12 Legislature further recognizes that retroactively enforcing
13 the prescriptive codes currently applied to existing public
14 schools is not always cost effective. It is the intent of the
15 Legislature to establish performance-based criteria for the
16 cost-effective application of codes and code alternatives for
17 existing educational facilities. Therefore, the Legislature
18 directs the State Fire Marshal, the Florida Building
19 Commission, and the Commissioner of Education to appoint a
20 select committee to consider the development of a Public
21 School Facility Fire Safety Evaluation Performance Code for
22 existing educational facilities. The State Fire Marshal, or
23 his or her appointee, shall be represented on this committee.
24 The State Fire Marshal shall appoint a representative of the
25 Florida Fire Chiefs' Association, a representative of the
26 Florida Fire Marshals' Association, a representative versed
27 and experienced in the delivery of educational programs to
28 fire service inspectors, and a representative of the fire
29 protection industry. The Commissioner of Education, or his or
30 her appointee, shall be represented on the select committee.
31 The Commissioner of Education shall appoint a representative
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1 of the School Boards Association, a representative of the
2 Florida Educational Facility Planners Association, a
3 representative of the Division of Educational Facilities, and
4 an architect experienced in school construction. The State
5 Fire Marshal and the Commissioner of Education shall consider
6 recommendations of the associations described in this section
7 when making appointments. The select committee shall conduct
8 its first meeting at the call of the State Fire Marshal. The
9 committee shall elect its chair, vice chair, and recording
10 secretary at its first meeting and shall then meet at the call
11 of the chair. The committee shall consider the work of the
12 Center for Fire Research, the National Institute of Science
13 and Technology, and the alternative code solutions published
14 by the National Fire Protection Association when considering
15 the establishment of a performance-based fire safety code for
16 existing educational facilities. The report to the Legislature
17 shall consider the feasibility of and recommendations relating
18 to establishing such a performance-based code. If the
19 recommendation is affirmative, the report shall include roles
20 and responsibilities necessary to develop and maintain the
21 code, as well as a plan to deliver educational programs on
22 applying the performance-based code to those charged with its
23 enforcement. Members of the committee shall serve at their own
24 expense except that state employees shall be reimbursed for
25 travel costs incurred from existing budget sources. The
26 Department of Education shall be responsible for printing
27 costs of the final report, from existing budget sources. The
28 select committee shall report the results of its study to the
29 Legislature no later than October 31, 1998.
30 Section 64. The Department of Management Services is
31 directed to initiate a pilot project to evaluate the costs and
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1 benefits of installing an ozonation water treatment system for
2 a cooling tower in a state building. An appropriate building
3 project shall be selected, the ozonation equipment installed,
4 the performance data of the system collected and compiled, and
5 the Department of Management Services shall report back to the
6 Legislature no later than March 1, 2000. Such findings shall
7 provide the basis for determining a life-cycle cost analysis
8 that can be used in future building projects. If the
9 Department of Management Services is unable to meet the
10 deadline because of unforeseen fiscal or technical
11 complications, the department shall provide the information to
12 the Legislature as soon as possible after such date.
13 Section 65. Paragraph (f) of subsection (2) of section
14 471.003, Florida Statutes, section 489.539, Florida Statutes,
15 and subsection (5) of section 553.73, Florida Statutes, are
16 repealed.
17 Section 66. Effective January 1, 1999, section
18 489.120, Florida Statutes, is repealed.
19 Section 67. Effective January 1, 2001, paragraph (d)
20 of subsection (1) of section 489.129, Florida Statutes, is
21 repealed.
22 Section 68. Effective upon the approval by the
23 Legislature of the adoption of the Florida Building Code by
24 the Florida Building Commission, parts I, II, and III of
25 chapter 553, Florida Statutes, consisting of sections 553.01,
26 553.02, 553.03, 553.04, 553.041, 553.05, 553.06, 553.07,
27 553.08, 553.10, 553.11, 553.14, 553.15, 553.16, 553.17,
28 553.18, 553.19, 553.20, 553.21, 553.22, 553.23, 553.24,
29 553.25, 553.26, 553.27, and 553.28, Florida Statutes, are
30 repealed and section 553.141, Florida Statutes, is transferred
31 and renumbered as section 553.86, Florida Statutes.
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1 Section 69. (1) There is hereby appropriated to the
2 Department of Community affairs for fiscal year 1998-1999 the
3 sum of $2,090,000 from the department's Operating Trust Fund
4 to be used to support the selection, development, and adoption
5 of the Florida Building Code, to develop a statewide
6 evaluation and approval process for construction products and
7 materials, and to assist in the development of a statewide
8 system for reporting and tracking disciplinary actions taken
9 against contractors and design professionals by local
10 governments.
11 (2) The sum of $500,000 is hereby appropriated from
12 the Insurance Commissioner's Regulatory Trust Fund to the
13 Florida Building Commission for fiscal year 1998-1999 for the
14 purpose of funding the development of core curriculum and
15 specialized and advanced modules of curriculum, as required
16 for the various building industry professions, by the Florida
17 Building Commission for implementation of the Florida Building
18 Code.
19 (3) The sum of $150,000 is hereby appropriated from
20 the Insurance Commissioner's Regulatory Trust Fund to the Fire
21 College Trust Fund for fiscal year 1998-1999 for the purpose
22 of funding the development of core curriculum and specialized
23 and advanced modules of curriculum in coordination with the
24 Florida Building Commission for implementation of the Florida
25 Building Code as it relates to fire safety.
26 (4) The sum of $250,000 is hereby appropriated from
27 the Insurance Commissioner's Regulatory Trust Fund to the
28 Florida Building Commission for fiscal year 1998-1999 for the
29 purpose of funding the construction of mobile demonstration
30 training models displaying state of the art techniques for
31 wind resistant construction to be used in the delivery of
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1 training and public awareness displays for implementation of
2 the Florida Building Code.
3 Section 70. Except as otherwise provided herein, this
4 act shall take effect July 1 of the year in which enacted or
5 upon becoming a law, whichever occurs later.
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