Senate Bill 1148e1

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  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 161.56, F.S.; making a technical

  4         correction; amending s. 468.607, F.S.;

  5         providing for continuing validation of

  6         certifications of certain building inspectors

  7         and plans examiners for a certain period of

  8         time; amending s. 468.609, F.S.; clarifying the

  9         qualifications of persons eligible to take the

10         certain certification examinations; amending s.

11         468.617, F.S.; providing nothing prohibits

12         school boards, community colleges, or

13         universities from entering into contracts;

14         amending ss. 489.115, 497.255, 553.06, 553.73,

15         553.74, 553.141, 553.503, 553.506, 553.512,

16         F.S.; changing references from the Board of

17         Building Codes and Standards to the Florida

18         Building Commission; amending s. 62 of ch.

19         98-287, Laws of Florida; recognizing that the

20         rule adopting the Florida Building Code may not

21         become final by the 2000 Legislative Session if

22         challenged pursuant to s. 120.56(2), F.S.;

23         specifying effectiveness; amending s. 553.73,

24         F.S.; clarifying the effect on local

25         governments of adopting and updating the

26         Florida Building Code; specifying that

27         amendments to certain standards or criteria are

28         effective statewide only upon adoption by the

29         commission; prohibiting persons who participate

30         in the passage of a local amendment from

31         sitting on a countywide compliance review


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  1         board; providing for application of a certain

  2         edition of the Florida Building Code under

  3         certain circumstances; revising requirements

  4         for the adoption of technical amendments;

  5         amending s. 553.77, F.S.; revising the powers

  6         of the commission; correcting a

  7         cross-reference; amending s. 553.781, F.S.;

  8         clarifying that the Department of Business and

  9         Professional Regulation conduct disciplinary

10         investigations and take disciplinary actions;

11         amending s. 553.80, F.S.; deleting a

12         cross-reference; amending s. 553.842, F.S.;

13         amending certain provisions relating to product

14         evaluation and approval; amending ss. 633.01,

15         633.0215, 633.025, F.S.; replacing references

16         to the Department of Insurance with references

17         to the State Fire Marshal; amending s. 633.025,

18         F.S.; clarifying certain provisions relating to

19         smoke detector requirements in residential

20         buildings; amending s. 68 of ch. 98-287, Laws

21         of Florida, to revise a future repeal of

22         certain sections of the Florida Statutes;

23         repealing s. 471.017(3), 489.513(7), F.S.;

24         eliminating a continuing education requirement

25         for engineers and provisions that relieve the

26         department of responsibility for disciplining

27         contractors; amending s. 553.841, F.S.; adding

28         the Building Officials Association of Florida,

29         and the State Fire Marshal to the group

30         responsible for developing the Building Code

31         Training Program; amending s. 553.19, F.S.;


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  1         providing for certain rules of the Agency for

  2         Health Care Administration to be adopted as

  3         standards for electrical and alarm systems;

  4         authorizing the continuation of the select

  5         committee to investigate and establish certain

  6         firesafety evaluation system criteria;

  7         providing an appropriation; providing

  8         responsibilities of the Division of State Fire

  9         Marshal; providing effective dates.

10

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

12

13         Section 1.  Subsection (1) of section 161.56, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         161.56  Establishment of local enforcement.--

16         (1)  Each local government which is required by s.

17  553.73 to adopt a building code by s. 553.73 and which has a

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

19  its territorial boundaries shall adopt, not later than January

20  1, 1987, as part of its building code, the requirements

21  established in s. 161.55, and such requirements shall be

22  enforced by the local enforcement agency as defined in s.

23  553.71.

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

25  of section 161.56, Florida Statutes, 1998 Supplement, as

26  amended by section 3 of chapter 98-287, Laws of Florida, is

27  amended to read:

28         161.56  Establishment of local enforcement.--

29         (1)  Each local government which is required by s.

30  553.73 to enforce the Florida Building Code by s. 553.73 and

31  which has a coastal building zone or some portion of a coastal


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  1  zone within its territorial boundaries shall enforce the

  2  requirements of the code established in s. 161.55.

  3         Section 3.  Section 468.607, Florida Statutes, is

  4  amended to read:

  5         468.607  Certification of building code administration

  6  and inspection personnel.--The board shall issue a certificate

  7  to any individual whom the board determines to be qualified,

  8  within such class and level as provided in this part and with

  9  such limitations as the board may place upon it.  No person

10  may be employed by a state agency or local governmental

11  authority to perform the duties of a building code

12  administrator, plans examiner, or inspector after October 1,

13  1993, without possessing the proper valid certificate issued

14  in accordance with the provisions of this part. Persons acting

15  as inspectors and plans examiners pursuant to s. 235.26 while

16  conducting activities authorized by certification under that

17  section shall be deemed certified to continue inspections for

18  the local government until their Uniform Building Code

19  Inspector certification expires, after which time they must

20  possess the proper valid certificate issued in accordance with

21  the provisions of this part.

22         Section 4.  Subsections (2) and (3) of section 468.609,

23  Florida Statutes, 1998 Supplement, are amended to read:

24         468.609  Administration of this part; standards for

25  certification; additional categories of certification.--

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

27  for certification as an inspector or plans examiner pursuant

28  to this part if the person:

29         (a)  Is at least 18 years of age.;

30         (b)  Is of good moral character.; and

31


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  1         (c)  Meets eligibility requirements according to one of

  2  the following criteria:

  3         1.  Demonstrates 5 years' combined experience in the

  4  field of construction or related field inspection, or plans

  5  review corresponding to the certification category sought;

  6         2.  Demonstrates a combination of postsecondary

  7  education in the field of construction or related field and

  8  experience which totals 4 years, with at least 1 year of such

  9  total being experience in construction, building inspection,

10  or plans review; or

11         3.  Currently holds a standard certificate as issued by

12  the board and satisfactorily completes an inspector or plans

13  examiner training program of not less than 200 hours in the

14  certification category sought. The board shall establish by

15  rule criteria for the development and implementation of the

16  training programs.

17         (d)  Once the Building Code Training Program has been

18  established pursuant to s. 553.841, demonstrates successful

19  completion of the core curriculum and specialized or advanced

20  module coursework approved by the Florida Building Commission,

21  as part of the Building Code Training Program established

22  pursuant to s. 553.841, appropriate to the licensing category

23  sought or, pursuant to authorization by the certifying

24  authority, provides proof of completion of such curriculum or

25  coursework within 6 months after such certification.

26         (3)  A person shall be entitled to take the examination

27  for certification as a building code administrator pursuant to

28  this part if the person:

29         (a)  Is at least 18 years of age.;

30         (b)  Is of good moral character.; and

31


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  1         (c)  Meets eligibility requirements according to one of

  2  the following criteria:

  3         1.  Demonstrates 10 years' combined experience as an

  4  architect, engineer, plans examiner, building code inspector,

  5  registered or certified contractor, or construction

  6  superintendent, with at least 5 years of such experience in

  7  supervisory positions; or

  8         2.  Demonstrates a combination of postsecondary

  9  education in the field of construction or related field, no

10  more than 5 years of which may be applied, and experience as

11  an architect, engineer, plans examiner, building code

12  inspector, registered or certified contractor, or construction

13  superintendent which totals 10 years, with at least 5 years of

14  such total being experience in supervisory positions.

15         (d)  Once the Building Code Training Program has been

16  established pursuant to s. 553.841, demonstrates successful

17  completion of the core curriculum and specialized or advanced

18  module coursework approved by the Florida Building Commission,

19  as part of the Building Code Training Program established

20  pursuant to s. 553.841, appropriate to the licensing category

21  sought or, pursuant to authorization by the certifying

22  authority, provides proof of completion of such curriculum or

23  coursework within 6 months after such certification.

24         Section 5.  Section 468.617, Florida Statutes, 1998

25  Supplement, is amended to read:

26         468.617  Joint inspection department; other

27  arrangements.--

28         (1)  Nothing in this part shall prohibit any local

29  jurisdiction school board, community college board, or state

30  university from entering into and carrying out contracts with

31  any other local jurisdiction or educational board under which


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  1  the parties agree to create and support a joint inspection

  2  department for conforming to the provisions of this part.  In

  3  lieu of a joint inspection department, any local jurisdiction

  4  may designate an inspector from another local jurisdiction to

  5  serve as an inspector for the purposes of this part.

  6         (2)  Nothing in this part shall prohibit local

  7  governments, school boards, community college boards, or state

  8  universities from contracting with persons certified pursuant

  9  to this part to perform inspections or plan reviews. An

10  individual or entity may not inspect or examine plans on

11  projects in which the individual or entity designed or

12  permitted the projects.

13         (3)  Nothing in this part shall prohibit any county or

14  municipal government, school board, community college board,

15  or state university from entering into any contract with any

16  person or entity for the provision of services regulated under

17  this part, and notwithstanding any other statutory provision,

18  such county or municipal governments may enter into contracts.

19         Section 6.  Subsection (4) of section 489.115, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         489.115  Certification and registration; endorsement;

22  reciprocity; renewals; continuing education.--

23         (4)(a)  Each certificateholder or registrant who

24  desires to continue as a certificateholder or registrant shall

25  renew the certificate or registration every 2 years.  The

26  department shall mail each certificateholder and registrant an

27  application for renewal.

28         (b)1.  Each certificateholder or registrant shall

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

30  that the certificateholder or registrant has completed at

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


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  1  continuing education courses during each biennium since the

  2  issuance or renewal of the certificate or registration.  The

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

  4  14 hours must deal with the subject of workers' compensation,

  5  business practices, and workplace safety.  The board shall by

  6  rule establish criteria for the approval of continuing

  7  education courses and providers, including requirements

  8  relating to the content of courses and standards for approval

  9  of providers, and may by rule establish criteria for accepting

10  alternative nonclassroom continuing education on an

11  hour-for-hour basis.  The board shall prescribe by rule the

12  continuing education, if any, which is required during the

13  first biennium of initial licensure. A person who has been

14  licensed for less than an entire biennium must not be required

15  to complete the full 14 hours of continuing education.

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 State Minimum Building Codes and any

20  alternate methodologies for providing such wind resistance

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

22  Building Commission Codes and Standards.  Division I

23  certificateholders or registrants who demonstrate proficiency

24  upon completion of such specialized courses may certify plans

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

26  compliance with the code or alternate methodologies, as

27  appropriate, except for dwellings located in floodways or

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

29  National Flood Insurance Program.

30         3.  Each certificateholder or registrant shall provide

31  to the board proof of completion of the core curriculum


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

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

  3  licensing category sought, within 2 years after commencement

  4  of the program or of initial certification or registration,

  5  whichever is later.  Classroom hours spent taking core

  6  curriculum courses shall count toward the number required for

  7  renewal of certificates or registration.  A certificateholder

  8  or registrant who passes the equivalency test in lieu of

  9  taking the core curriculum courses shall receive full credit

10  for core curriculum course hours.

11         (c)  The certificateholder or registrant shall

12  complete, sign, and forward the renewal application to the

13  department, together with the appropriate fee. Upon receipt of

14  the application and fee, the department shall renew the

15  certificate or registration.

16         Section 7.  Section 497.255, Florida Statutes, 1998

17  Supplement, is amended to read:

18         497.255  Standards for construction and significant

19  alteration or renovation of mausoleums and columbaria.--

20         (1)  All newly constructed and significantly altered or

21  renovated mausoleums and columbaria must, in addition to

22  complying with applicable building codes, conform to the

23  standards adopted under this section.

24         (2)  The board shall adopt, by no later than July 1,

25  1999, rules establishing minimum standards for all newly

26  constructed and significantly altered or renovated mausoleums

27  and columbaria; however, in the case of significant

28  alterations or renovations to existing structures, the rules

29  shall apply only, when physically feasible, to the newly

30  altered or renovated portion of such structures, except as

31  specified in subsection (4).  In developing and promulgating


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  1  said rules, the board may define different classes of

  2  structures or construction standards, and may provide for

  3  different rules to apply to each of said classes, if the

  4  designation of classes and the application of different rules

  5  is in the public interest and is supported by findings by the

  6  board based on evidence of industry practices, economic and

  7  physical feasibility, location, or intended uses; provided,

  8  that the rules shall provide minimum standards applicable to

  9  all construction.  For example, and without limiting the

10  generality of the foregoing, the board may determine that a

11  small single-story ground level mausoleum does not require the

12  same level of construction standards that a large multistory

13  mausoleum might require; or that a mausoleum located in a

14  low-lying area subject to frequent flooding or hurricane

15  threats might require different standards than one located on

16  high ground in an area not subject to frequent severe weather

17  threats.  The board shall develop the rules in cooperation

18  with, and with technical assistance from, the Florida Board of

19  Building Commission Codes and Standards of the Department of

20  Community Affairs, to ensure that the rules are in the proper

21  form and content to be included as part of the State Minimum

22  Building Codes under part VII of chapter 553. If the Florida

23  Board of Building Commission Codes and Standards advises that

24  some of the standards proposed by the board are not

25  appropriate for inclusion in such building codes, the board

26  may choose to include those standards in a distinct chapter of

27  its rules entitled "Non-Building-Code Standards for

28  Mausoleums" or "Additional Standards for Mausoleums," or other

29  terminology to that effect. If the board elects to divide the

30  standards into two or more chapters, all such rules shall be

31  binding on licensees and others subject to the jurisdiction of


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  1  the board, but only the chapter containing provisions

  2  appropriate for building codes shall be transmitted to the

  3  Florida Board of Building Commission Codes and Standards

  4  pursuant to subsection (3). Such rules may be in the form of

  5  standards for design and construction; methods, materials, and

  6  specifications for construction; or other mechanisms. Such

  7  rules shall encompass, at a minimum, the following standards:

  8         (a)  No structure may be built or significantly altered

  9  for use for interment, entombment, or inurnment purposes

10  unless constructed of such material and workmanship as will

11  ensure its durability and permanence, as well as the safety,

12  convenience, comfort, and health of the community in which it

13  is located, as dictated and determined at the time by modern

14  mausoleum construction and engineering science.

15         (b)  Such structure must be so arranged that the

16  exterior of any vault, niche, or crypt may be readily examined

17  at any time by any person authorized by law to do so.

18         (c)  Such structure must contain adequate provision for

19  drainage and ventilation.

20         (d)  Such structure must be of fire-resistant

21  construction. Notwithstanding the requirements of s. 553.895

22  and chapter 633, any mausoleum or columbarium constructed of

23  noncombustible materials, as defined in the Standard Building

24  Code, shall not require a sprinkler system.

25         (e)  Such structure must be resistant to hurricane and

26  other storm damage to the highest degree provided under

27  applicable building codes for buildings of that class.

28         (f)  Suitable provisions must be made for securely and

29  permanently sealing each crypt with durable materials after

30  the interment or entombment of human remains, so that no

31  effluvia or odors may escape therefrom except as provided by


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  1  design and sanitary engineering standards. Panels for

  2  permanent seals must be solid and constructed of materials of

  3  sufficient weight, permanence, density, imperviousness, and

  4  strength as to ensure their durability and continued

  5  functioning. Permanent crypt sealing panels must be securely

  6  installed and set in with high quality fire-resistant,

  7  resilient, and durable materials after the interment or

  8  entombment of human remains. The outer or exposed covering of

  9  each crypt must be of a durable, permanent, fire-resistant

10  material; however, plastic, fiberglass, and wood are not

11  acceptable materials for such outer or exposed coverings.

12         (g)  Interior and exterior fastenings for hangers,

13  clips, doors, and other objects must be of copper, copper-base

14  alloy, aluminum, or stainless steel of adequate gauges, or

15  other materials established by rule which provide equivalent

16  or better strength and durability, and must be properly

17  installed.

18         (3)  The board shall transmit the rules as adopted

19  under subsection (2), hereinafter referred to as the

20  "mausoleum standards," to the Florida Board of Building

21  Commission Codes and Standards, which shall initiate

22  rulemaking under chapter 120 to consider such mausoleum

23  standards. If such mausoleum standards are not deemed

24  acceptable, they shall be returned by the Florida Board of

25  Building Commission Codes and Standards to the board with

26  details of changes needed to make them acceptable. If such

27  mausoleum standards are acceptable, the Florida Board of

28  Building Commission Codes and Standards shall adopt a rule

29  designating the mausoleum standards as an approved revision to

30  the State Minimum Building Codes under part VII of chapter

31  553. When so designated by the Florida Board of Building


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  1  Commission Codes and Standards, such mausoleum standards shall

  2  become a required element of the State Minimum Building Codes

  3  under s. 553.73(2) and shall be transmitted to each local

  4  enforcement agency, as defined in s. 553.71(5). Such local

  5  enforcement agency shall consider and inspect for compliance

  6  with such mausoleum standards as if they were part of the

  7  local building code, but shall have no continuing duty to

  8  inspect after final approval of the construction pursuant to

  9  the local building code. Any further amendments to the

10  mausoleum standards shall be accomplished by the same

11  procedure. Such designated mausoleum standards, as from time

12  to time amended, shall be a part of the State Minimum Building

13  Codes under s. 553.73 until the adoption and effective date of

14  a new statewide uniform minimum building code, which may

15  supersede the mausoleum standards as provided by the law

16  enacting the new statewide uniform minimum building code.

17         (4)  In addition to the rules adopted under subsection

18  (2), the board shall adopt rules providing that following all

19  interments, inurnments, and entombments in mausoleums and

20  columbaria occurring after the effective date of such rules,

21  whether newly constructed or existing, suitable provision must

22  be made, when physically feasible, for sealing each crypt in

23  accordance with standards promulgated pursuant to paragraph

24  (2)(f).

25         (5)  For purposes of this section, "significant

26  alteration or renovation" means any addition, renovation, or

27  repair which results in the creation of new crypt or niche

28  spaces.

29         Section 8.  Subsection (1) of section 553.06, Florida

30  Statutes, 1998 Supplement, is amended to read:

31         553.06  State Plumbing Code.--


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  1         (1)  The Florida Building Commission shall, in

  2  accordance with the provisions of chapter 120 and ss.

  3  553.70-553.895, adopt the Standard Plumbing Code, 1994

  4  edition, as adopted at the October 1993 annual meeting of the

  5  Southern Building Code Congress International, as the State

  6  Plumbing Code which shall be the minimum requirements

  7  statewide for all installations, repairs, and alterations to

  8  plumbing. The commission board may, in accordance with the

  9  requirements of chapter 120, adopt all or parts of updated or

10  revised editions of the State Plumbing Code to keep abreast of

11  latest technological advances in plumbing and installation

12  techniques. Local governments which have adopted the South

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

14  may continue their use provided the requirements contained

15  therein meet or exceed the requirements of the State Plumbing

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

17  or diminish the authority of the Department of Business and

18  Professional Regulation to conduct plan reviews, issue

19  variances, and adopt rules regarding sanitary facilities in

20  public lodging and public food service establishments pursuant

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

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

23         Section 9.  Section 62 of chapter 98-287, Laws of

24  Florida, is amended to read:

25         Section 62.  (1)  Before the 2000 Regular Session of

26  the Legislature, the Florida Building Commission shall submit

27  to the Legislature, for review and approval or rejection, the

28  Florida Building Code adopted by rule by the commission. If

29  the proposed rule adopting the Florida Building Code has been

30  challenged pursuant to section 120.56(2), Florida Statutes,

31  the Legislature may address the subject of the challenge. The


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  1  commission and shall also prepare and submit to the

  2  Legislature a list of recommendations of revisions to the

  3  Florida Statutes necessitated by adoption of the Florida

  4  Building Code if the Legislature approves the Florida Building

  5  Code.

  6         (2)  Effective January 1, 2001, or upon the resolution

  7  of an administrative challenge to the rule adopting the

  8  Florida Building Code, pursuant to s. 120.56(2) approval of

  9  the Florida Building Code by the Legislature, all existing

10  local technical amendments to any building code adopted by any

11  local government are repealed. Each local government may

12  readopt such amendments pursuant to s. 553.73, Florida

13  Statutes, provided such amendments comply with applicable

14  provisions of the Florida Building Code.

15         Section 10.  Effective January 1, 2001, subsections

16  (4), (5), and (7) of section 553.73, Florida Statutes, 1998

17  Supplement, as amended by section 40 of chapter 98-287, Laws

18  of Florida, as amended by section 61 of chapter 98-419, Laws

19  of Florida, are amended to read:

20         553.73  Florida Building Code.--

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

22  standards for issuance of mandatory certificates of occupancy,

23  minimum types of inspections, and procedures for plans review

24  and inspections as established by the commission board by

25  rule. Any amendments to standards established by the Florida

26  Building Code pursuant to this paragraph shall be more

27  stringent than such standards and shall be transmitted to the

28  commission within 30 days after enactment.  The local

29  government shall make such amendments available to the general

30  public in a usable format.  The Department of Insurance is

31  responsible for establishing the standards and procedures


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  1  required in this paragraph for governmental entities with

  2  respect to applying the Florida Fire Prevention Code and the

  3  Life Safety Code.

  4         (b)  Local governments may, subject to the limitations

  5  of this section, adopt amendments to the technical provisions

  6  of the Florida Building Code which apply solely within the

  7  jurisdiction of such government and which provide for more

  8  stringent requirements than those specified in the Florida

  9  Building Code, not more than once every 6 months, provided:

10         1.  The local governing body determines, following a

11  public hearing which has been advertised in a newspaper of

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

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

14  Building Code. The determination must be based upon a review

15  of local conditions by the local governing body, which review

16  demonstrates that local conditions justify more stringent

17  requirements than those specified in the Florida Building Code

18  for the protection of life and property.

19         2.  Such additional requirements are not discriminatory

20  against materials, products, or construction techniques of

21  demonstrated capabilities.

22         3.  Such additional requirements may not introduce a

23  new subject not addressed in the Florida Building Code.

24         4.  The enforcing agency shall make readily available,

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

26  section.

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

28  transmitted within 30 days by the adopting local government to

29  the commission.  The commission shall maintain copies of all

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

31  the public.


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  1         6.  Any amendment to the Florida Building Code adopted

  2  by a local government pursuant to this paragraph shall be

  3  effective only until the adoption by the commission of the new

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

  5  such time, the commission shall adopt such amendment as part

  6  of the Florida Building Code or rescind the amendment.  The

  7  commission shall immediately notify the respective local

  8  government of the rescission of any amendment. After receiving

  9  such notice, the respective local government may readopt the

10  rescinded amendment pursuant to the provisions of this

11  paragraph.

12         7.  Each county and municipality desiring to make local

13  technical amendments to the Florida Building Code shall by

14  interlocal agreement establish a countywide compliance review

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

16  adopted by a local government within the county pursuant to

17  this paragraph, that is challenged by any substantially

18  affected party for purposes of determining the amendment's

19  compliance with this paragraph. No public officer, as defined

20  in s. 112.313(1), who votes on a local amendment may sit on

21  the countywide compliance review board which hears a challenge

22  to the validity of that amendment. If the compliance review

23  board determines such amendment is not in compliance with this

24  paragraph, the compliance review board shall notify such local

25  government of the noncompliance and that the amendment is

26  invalid and unenforceable until the local government corrects

27  the amendment to bring it into compliance. The local

28  government may appeal the decision of the compliance review

29  board to the commission.  If the compliance review board

30  determines such amendment to be in compliance with this

31  paragraph, any substantially affected party may appeal such


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    CS for SB 1148                                 First Engrossed



  1  determination to the commission. Actions of the commission are

  2  subject to judicial review pursuant to s. 120.68. The

  3  compliance review board shall determine whether its decisions

  4  apply to a respective local jurisdiction or apply countywide.

  5         8.  An amendment adopted under this paragraph shall

  6  include a fiscal impact statement which documents the costs

  7  and benefits of the proposed amendment.  Criteria for the

  8  fiscal impact statement shall include the impact to local

  9  government relative to enforcement, the impact to property and

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

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

12  a basis for challenging the amendment for compliance.

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

14  commission may review any amendments adopted pursuant to this

15  subsection and make nonbinding recommendations related to

16  compliance of such amendments with this subsection.

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

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

19  district owned buildings, manufactured buildings approved by

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

21  553.77(6).  The respective responsible entities shall consider

22  the physical performance parameters substantiating such

23  amendments when designing, specifying, and constructing such

24  exempt buildings.

25         (5)  The commission, by rule adopted pursuant to ss.

26  120.536(1) and 120.54, shall update the Florida Building Code

27  every 3 years.  The initial adoption of, and any subsequent

28  update to, the Florida Building Code by the commission is Once

29  initially adopted and subsequently updated by the board, the

30  Florida Building Code shall be deemed adopted for use

31  statewide without adoptions by local government. When updating


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    CS for SB 1148                                 First Engrossed



  1  the Florida Building Code, the commission shall consider

  2  changes made by the adopting entity of any selected model code

  3  for any model code incorporated into the Florida Building Code

  4  by the commission, the commission's own interpretations,

  5  declaratory statements, appellate decisions, and approved

  6  statewide and local technical amendments. No change by an

  7  institute or standards organization to any standard or

  8  criterion adopted by reference in the Florida Building Code

  9  shall become effective until adopted by the commission. The

10  edition of the Florida Building Code in effect on the date of

11  application of any permit authorized by the code shall govern

12  the permitted work for the life of the permit and any

13  extension granted to such permit, except that an amendment

14  adopted upon a finding by the commission that the amendment is

15  necessary to protect the public from immediate threat of harm

16  shall take effect immediately.

17         (7)(a)  The commission may approve technical amendments

18  to the Florida Building Code once each year for statewide

19  application upon a finding that delaying the application of

20  the amendment would be contrary to the health, safety, and

21  welfare of the public or the amendment provides an economic

22  advantage to the consumer and that the amendment:

23         1.  Has a reasonable and substantial connection with

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

25         2.  Strengthens or improves the Florida Building Code,

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

27  equivalent or better products or methods or systems of

28  construction.

29         3.  Does not discriminate against materials, products,

30  methods, or systems of construction of demonstrated

31  capabilities.


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    CS for SB 1148                                 First Engrossed



  1         4.  Does not degrade the effectiveness of the Florida

  2  Building Code.

  3

  4  Amendments approved under this paragraph shall be adopted by

  5  rule pursuant to ss. 120.536(1) and 120.54.

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

  7  statement which documents the costs and benefits of the

  8  proposed amendment.  Criteria for the fiscal impact statement

  9  shall be established by rule by the commission and shall

10  include the impact to local government relative to

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

12  well as to industry, relative to the cost of compliance.

13         Section 11.  Subsections (3) and (4) of section 553.74,

14  Florida Statutes, 1998 Supplement, are amended to read:

15         553.74  Florida Building Commission.--

16         (3)  Members of the commission board shall serve

17  without compensation, but shall be entitled to reimbursement

18  for per diem and travel expenses as provided by s. 112.061.

19         (4)  Each appointed member is accountable to the

20  Governor for the proper performance of the duties of the

21  office. The Governor shall cause to be investigated any

22  complaint or unfavorable report received concerning an action

23  of the commission board or any member and shall take

24  appropriate action thereon.  The Governor may remove from

25  office any appointed member for malfeasance, misfeasance,

26  neglect of duty, incompetence, permanent inability to perform

27  official duties, or pleading guilty or nolo contendere to, or

28  being found guilty of, a felony.

29         Section 12.  Effective January 1, 2001, paragraphs (d),

30  (e), and (i) of subsection (1) of section 553.77, Florida

31  Statutes, 1998 Supplement, as amended by section 46 of chapter


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    CS for SB 1148                                 First Engrossed



  1  98-287, Laws of Florida, are amended, and paragraph (p) is

  2  added to said subsection, to read:

  3         553.77  Specific powers of the commission.--

  4         (1)  The commission shall:

  5         (d)  Upon written application by any substantially

  6  affected person, a state agency, or a local enforcement

  7  agency, issue declaratory statements pursuant to s. 120.565

  8  relating to the interpretation, enforcement, administration,

  9  or modification by local governments of the Florida Building

10  Code.

11         (e)  When requested in writing by any substantially

12  affected person, a state agency, or a local enforcing agency,

13  shall issue declaratory statements pursuant to s. 120.565

14  relating to this part, which shall apply prospectively only.

15  Actions of the commission are subject to judicial review

16  pursuant to s. 120.68.

17         (i)  Determine the types of products requiring approval

18  for local or statewide use and shall provide for the

19  evaluation and approval of such products, materials, devices,

20  and method of construction for statewide use. Evaluation and

21  approval shall be by action of the commission or delegated

22  pursuant to s. 553.842 553.84. This paragraph does not apply

23  to products approved by the State Fire Marshal.

24         (p)  Upon the request of a private party or local

25  enforcement agency, provide technical assistance and issue

26  advisory opinions concerning both the technical and

27  administrative provisions of the Florida Building Code.

28         Section 13.  Subsection (2) of section 553.77, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         553.77  Specific powers of the commission.--

31


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    CS for SB 1148                                 First Engrossed



  1         (2)  Upon written application by a private party, a

  2  state agency, or a local enforcement agency, the commission

  3  may also:

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

  5  method of construction.

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

  7  and advisory committees for assistance and recommendations

  8  relating to the State Minimum Building Codes.

  9         (c)  Appoint an advisory committee consisting of at

10  least five plumbing contractors licensed to do business in

11  this state for assistance and recommendations relating to

12  plumbing code interpretations, if the commission identifies

13  the need for additional assistance in making decisions

14  regarding the State Plumbing Code.

15         (d)  Provide technical assistance and issue advisory

16  opinions concerning both the technical and administrative

17  provisions of the State Minimum Building Codes.

18         Section 14.  Subsection (4) of section 553.141, Florida

19  Statutes, is amended to read:

20         553.141  Public restrooms; ratio of facilities for men

21  and women; application; rules.--

22         (4)  The Florida Board of Building Commission Codes and

23  Standards shall adopt rules to administer this section,

24  pursuant to chapter 120.

25         Section 15.  Section 553.503, Florida Statutes, is

26  amended to read:

27         553.503  Adoption of guidelines.--Subject to the

28  exceptions in s. 553.504, the federal Americans with

29  Disabilities Act Accessibility Guidelines, as adopted by

30  reference in 28 C.F.R., part 36, subparts A and D, and Title

31  II of Pub. L. No. 101-336, are hereby adopted and incorporated


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    CS for SB 1148                                 First Engrossed



  1  by reference as the law of this state. The guidelines shall

  2  establish the minimum standards for the accessibility of

  3  buildings and facilities built or altered within this state.

  4  The 1997 Florida Accessibility Code for Building Construction

  5  must be adopted by the Florida Board of Building Commission

  6  Codes and Standards in accordance with chapter 120.

  7         Section 16.  Section 553.506, Florida Statutes, is

  8  amended to read:

  9         553.506  Powers of the commission board.--In addition

10  to any other authority vested in the commission board by law,

11  the Florida Board of Building Commission Codes and Standards,

12  in implementing ss. 553.501-553.513, may, by rule, adopt

13  revised and updated versions of the Americans with

14  Disabilities Act Accessibility Guidelines in accordance with

15  chapter 120.

16         Section 17.  Section 553.512, Florida Statutes, is

17  amended to read:

18         553.512  Modifications and waivers; advisory council.--

19         (1)  The Florida Board of Building Commission Codes and

20  Standards shall provide by regulation criteria for granting

21  individual modifications of, or exceptions from, the literal

22  requirements of this part upon a determination of unnecessary,

23  unreasonable, or extreme hardship, provided such waivers shall

24  not violate federal accessibility laws and regulations and

25  shall be reviewed by the Handicapped Accessibility Advisory

26  Council consisting of the following seven members, who shall

27  be knowledgeable in the area of handicapped accessibility.

28  The Secretary of Community Affairs shall appoint the

29  following: a representative from the Advocacy Center for

30  Persons with Disabilities, Inc.; a representative from the

31  Division of Blind Services; a representative from the Division


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    CS for SB 1148                                 First Engrossed



  1  of Vocational Rehabilitation; a representative from a

  2  statewide organization representing the physically

  3  handicapped; a representative from the hearing impaired; a

  4  representative from the President, Florida Council of

  5  Handicapped Organizations; and a representative of the

  6  Paralyzed Veterans of America.  The terms for the first three

  7  council members appointed subsequent to October 1, 1991, shall

  8  be for 4 years, the terms for the next two council members

  9  appointed shall be for 3 years, and the terms for the next two

10  members shall be for 2 years. Thereafter, all council member

11  appointments shall be for terms of 4 years.  No council member

12  shall serve more than two 4-year terms subsequent to October

13  1, 1991.  Any member of the council may be replaced by the

14  secretary upon three unexcused absences.  Upon application

15  made in the form provided, an individual waiver or

16  modification may be granted by the commission board so long as

17  such modification or waiver is not in conflict with more

18  stringent standards provided in another chapter.

19         (2)  Members of the council shall serve without

20  compensation, but shall be entitled to reimbursement for per

21  diem and travel expenses as provided by s. 112.061.

22         (3)  Meetings of the advisory council shall be held in

23  conjunction with the regular meetings of the commission board.

24         Section 18.  Paragraph (b) of subsection (2) of section

25  553.781, Florida Statutes, 1998 Supplement, is amended to

26  read:

27         553.781  Licensee accountability.--

28         (2)

29         (b)  If the licensee, certificateholder, or registrant

30  disputes the violation within 30 days following notification

31  by the local jurisdiction, the fine is abated and the local


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    CS for SB 1148                                 First Engrossed



  1  jurisdiction shall report the dispute to the Department of

  2  Business and Professional Regulation or the appropriate

  3  professional licensing board for disciplinary investigation

  4  and final disposition. If an administrative complaint is filed

  5  by the department or the professional licensing board against

  6  the certificateholder or registrant, the commission may

  7  intervene in such proceeding. Any fine imposed by the

  8  department or the professional licensing board, pursuant to

  9  matters reported by the local jurisdiction to the department

10  or the professional licensing board, shall be divided equally

11  between the board and the local jurisdiction which reported

12  the violation.

13         Section 19.  Effective January 1, 2001, subsection (1)

14  of section 553.80, Florida Statutes, 1998 Supplement, as

15  amended by section 51 of chapter 98-287, Laws of Florida, is

16  amended to read:

17         553.80  Enforcement.--

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

19  government and each legally constituted enforcement district

20  with statutory authority to regulate building construction to

21  enforce the Florida Building Code required by this part on all

22  public or private buildings, structures, and facilities,

23  unless such responsibility has been delegated to another unit

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

25  of local governments may provide a schedule of fees, as

26  authorized by s. 125.56(2) or s. 166.222 and this section, for

27  the enforcement of the provisions of this part.  Such fees

28  shall be used solely for carrying out the local government's

29  responsibilities in enforcing the Florida Building Code. The

30  authority of state enforcing agencies to set fees for

31  enforcement shall be derived from authority existing on the


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    CS for SB 1148                                 First Engrossed



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

  2  subsection shall operate to limit such agencies from adjusting

  3  their fee schedule in conformance with existing authority.

  4

  5  Nothing in this part shall be construed to authorize counties,

  6  municipalities, or code enforcement districts to conduct any

  7  permitting, plans review, or inspections not covered by the

  8  Florida Building Code. Any actions by counties or

  9  municipalities not in compliance with this part may be

10  appealed to the Florida Building Commission. The commission,

11  upon a determination that actions not in compliance with this

12  part have delayed permitting or construction, may suspend the

13  authority of a county, municipality, or code enforcement

14  district to enforce the Florida Building Code on the

15  buildings, structures, or facilities of a state university,

16  state community college, or public school district and provide

17  for code enforcement at the expense of the state university,

18  state community college, or public school district.

19         Section 20.  Subsections (3), (5), and (12) of section

20  553.842, Florida Statutes, 1998 Supplement, are amended to

21  read:

22         553.842  Product evaluation and approval.--

23         (3)  Products, or methods, or systems of construction

24  required to be approved based upon a report and certified by

25  an approved product evaluation entity indicating compliance

26  with the Florida Building Code as complying with the standards

27  specified by the code shall be permitted to be used statewide,

28  without further evaluation or approval.

29         (5)  Statewide and local approval of products or

30  methods or systems of construction shall be achieved by:

31


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    CS for SB 1148                                 First Engrossed



  1         (a)  Issuance Submittal and validation of a complete

  2  product evaluation report from an approved product evaluation

  3  entity indicating the product or method or system of

  4  construction was tested to be in compliance with the Florida

  5  Building Code or with the intent of the Florida Building Code

  6  and the product or method or system of construction is, for

  7  the purpose intended, at least equivalent of that required by

  8  the Florida Building Code; or

  9         (b)  Submittal and validation of a complete product

10  evaluation report or rational analysis which is signed and

11  sealed by a professional engineer or architect, licensed in

12  this state, who has no conflict of interest, as determined by

13  national guidelines, who certifies that the product or method

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

15  least equivalent of that required by the Florida Building

16  Code.  Any product approved under this procedure shall be

17  required to be manufactured under a quality assurance program,

18  certified by an approved product evaluation entity.

19         (12)  Products reported to comply with the requirements

20  of the Standard Building Code (1997 Edition) or the South

21  Florida Building Code (Broward and Dade Edition) or otherwise

22  certified or approved for statewide or local use by an

23  approved product evaluation entity prior to the effective date

24  of the Florida Building Code this act shall be deemed to be

25  approved for use in this state pursuant to this section and to

26  comply with this section until the expiration date of such

27  approval or for no more than 2 years following the effective

28  date of the Florida Building Code.

29

30  For purposes of this section, an approved product evaluation

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


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    CS for SB 1148                                 First Engrossed



  1  recognized independent evaluation authority, including, but

  2  not limited to, the Southern Building Code Congress

  3  International, Evaluation Services; National Evaluation

  4  Services; the Building Officials Code Administration

  5  International, Evaluation Services; the International

  6  Conference of Building Officials, Evaluation Services; or

  7  other entity otherwise approved by the commission. Window

  8  protection products reported to comply with the requirements

  9  of the Standard Building Code (1997 Edition) or the South

10  Florida Building Code (Broward and Dade Edition) or otherwise

11  certified or approved for statewide or local use by an

12  approved product evaluation entity must be included on all new

13  schools. Although all new schools are not required to be

14  designed as enhanced hurricane protection areas, all new

15  schools must include window protection to further ensure their

16  survivability.

17         Section 21.  Effective January 1, 2001, subsection (6)

18  of section 633.01, Florida Statutes, 1998 Supplement, as

19  amended by chapters 98-200 and 98-287, Laws of Florida, is

20  amended to read:

21         633.01  State Fire Marshal; powers and duties; rules.--

22         (6)  Only the State Fire Marshal may issue, and when

23  requested in writing by any substantially affected person or a

24  local enforcing agency, the State Fire Marshal shall issue The

25  Department of Insurance shall issue, when requested in writing

26  by any substantially affected person or a local enforcing

27  agency, declaratory statements pursuant to s. 120.565 relating

28  to the Florida Fire Prevention Code and the Life Safety Code.

29  Such declaratory statements shall apply prospectively, except

30  whenever the State Fire Marshal determines that a serious

31  threat to life exists that warrants retroactive application.


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    CS for SB 1148                                 First Engrossed



  1         Section 22.  Effective January 1, 2001, subsections

  2  (1), (2), (3), (4), and (5) of section 633.0215, Florida

  3  Statutes, 1998 Supplement, as created by section 59 of chapter

  4  98-287, Laws of Florida, are amended and new subsections (7)

  5  and (8) are added to read:

  6         633.0215  Florida Fire Prevention Code.--

  7         (1)  The State Fire Marshal department shall adopt, by

  8  rule pursuant to ss. 120.536(1) and 120.54, the Florida Fire

  9  Prevention Code which shall contain or incorporate by

10  reference all firesafety laws and rules that pertain to and

11  govern the design, construction, erection, alteration,

12  modification, repair, and demolition of public and private

13  buildings, structures, and facilities and the enforcement of

14  such firesafety laws and rules.

15         (2)  The State Fire Marshal department shall adopt the

16  National Fire Protection Association's Standard 1, Fire

17  Prevention Code.  The State Fire Marshal department shall

18  adopt the Life Safety Code, Pamphlet 101, current editions, by

19  reference.  The State Fire Marshal department may modify the

20  selected codes and standards as needed to accommodate the

21  specific needs of the state.  Standards or criteria in the

22  selected codes shall be similarly incorporated by reference.

23  The State Fire Marshal department shall incorporate within

24  sections of the Florida Fire Prevention Code provisions that

25  address uniform firesafety standards as established in s.

26  633.022.  The State Fire Marshal department shall incorporate

27  within sections of the Florida Fire Prevention Code provisions

28  addressing regional and local concerns and variations.

29         (3)  Any local amendment to the Florida Fire Prevention

30  Code adopted by a local government shall be effective only

31  until the adoption by the department of the new edition of the


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    CS for SB 1148                                 First Engrossed



  1  Florida Fire Prevention Code, which shall be every third year.

  2  At such time, the State Fire Marshal department shall adopt

  3  such amendment as part of the Florida Fire Prevention Code or

  4  rescind the amendment.  The State Fire Marshal department

  5  shall immediately notify the respective local government of

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

  7  the respective local government may readopt the rescinded

  8  amendment. Incorporation of local amendments as regional and

  9  local concerns and variations shall be considered as adoption

10  of an amendment pursuant to this part.  Notwithstanding other

11  state or local building and construction code laws to the

12  contrary, locally adopted fire code requirements that were in

13  existence on the effective date of this section shall be

14  deemed local variations of the Florida Fire Prevention Code

15  until the State Fire Marshal department takes action to adopt

16  or rescind such requirements as provided herein, and such

17  action shall take place no later than January 1, 2001.

18         (4)  The State Fire Marshal department shall update, by

19  rule adopted pursuant to ss. 120.536(1) and 120.54, the

20  Florida Fire Prevention Code every 3 years.  Once initially

21  adopted and subsequently updated by the department, the

22  Florida Fire Prevention Code and the Life Safety Code shall be

23  adopted for use statewide without adoptions by local

24  governments.  When updating the Florida Fire Prevention Code

25  and the most recent edition of the Life Safety Code, the State

26  Fire Marshal department shall consider changes made by the

27  national model fire codes incorporated into the Florida Fire

28  Prevention Code, the State Fire Marshal's department's own

29  interpretations, declaratory statements, appellate decisions,

30  and approved statewide and local technical amendments.

31


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    CS for SB 1148                                 First Engrossed



  1         (5)  The State Fire Marshal department may approve

  2  technical amendments notwithstanding the 3-year update cycle

  3  of the Florida Fire Prevention Code upon finding that a threat

  4  to life exists that would warrant such action, subject to

  5  chapter 120.

  6         (6)  The Florida Fire Prevention Code does not apply

  7  to, and no code enforcement action shall be brought with

  8  respect to, zoning requirements or land use requirements.

  9  Additionally, a local code enforcement agency may not

10  administer or enforce the Florida Fire Prevention Code to

11  prevent the siting of any publicly owned facility, including,

12  but not limited to, correctional facilities, juvenile justice

13  facilities, or state universities, community colleges, or

14  public education facilities.  This section shall not be

15  construed to prohibit local government from imposing built-in

16  fire protection systems or fire-related infrastructure

17  requirements needed to properly protect the intended facility.

18         (7)  Any local amendment adopted by a local government

19  must strengthen the requirements of the minimum firesafety

20  code.

21         (8)  Any local amendment adopted by a local government

22  must be transmitted within 30 days by the adopting local

23  government to the Florida Building Commission.

24         (9)  The State Fire Marshal shall have the authority to

25  make rules that implement this section, s. 633.01, and s.

26  633.025, for the purpose of accomplishing the objectives as

27  set forth therein.

28         Section 23.  Effective January 1, 2001, subsections

29  (1), (3), (4), (8), and (9) of section 633.025, Florida

30  Statutes, 1998 Supplement, as amended by section 59 of chapter

31  98-287, Laws of Florida, are amended to read:


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    CS for SB 1148                                 First Engrossed



  1         633.025  Minimum firesafety standards.--

  2         (1)  The Florida Fire Prevention Code and the Life

  3  Safety Code adopted by the State Fire Marshal Department of

  4  Insurance, which shall operate in conjunction with the Florida

  5  Building Code, shall be deemed adopted by each municipality,

  6  county, and special district with firesafety responsibilities.

  7  The minimum firesafety codes shall not apply to buildings and

  8  structures subject to the uniform firesafety standards under

  9  s. 633.022 and buildings and structures subject to the minimum

10  firesafety standards adopted pursuant to s. 394.879.

11         (3)  The most current edition of the National Fire

12  Protection Association (NFPA) 101, Life Safety Code, adopted

13  by the State Fire Marshal Department of Insurance, shall be

14  deemed to be adopted by each municipality, county, and special

15  district with firesafety responsibilities as part of the

16  minimum firesafety code.

17         (4)  Such codes shall be minimum codes and a

18  municipality, county, or special district with firesafety

19  responsibilities may adopt more stringent firesafety

20  standards, subject to the requirements of this subsection.

21  Such county, municipality, or special district may establish

22  alternative requirements to those requirements which are

23  required under the minimum firesafety standards on a

24  case-by-case basis, in order to meet special situations

25  arising from historic, geographic, or unusual conditions, if

26  the alternative requirements result in a level of protection

27  to life, safety, or property equal to or greater than the

28  applicable minimum firesafety standards. For the purpose of

29  this subsection, the term "historic" means that the building

30  or structure is listed on the National Register of Historic

31  Places of the United States Department of the Interior.


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    CS for SB 1148                                 First Engrossed



  1         (a)  The local governing body shall determine,

  2  following a public hearing which has been advertised in a

  3  newspaper of general circulation at least 10 days before the

  4  hearing, if there is a need to strengthen the requirements of

  5  the minimum firesafety code adopted by such governing body.

  6  The determination must be based upon a review of local

  7  conditions by the local governing body, which review

  8  demonstrates that local conditions justify more stringent

  9  requirements than those specified in the minimum firesafety

10  code for the protection of life and property or justify

11  requirements that meet special situations arising from

12  historic, geographic, or unusual conditions.

13         (b)  Such additional requirements shall not be

14  discriminatory as to materials, products, or construction

15  techniques of demonstrated capabilities.

16         (c)  Paragraphs (a) and (b) apply solely to the local

17  enforcing agency's adoption of requirements more stringent

18  than those specified in the Florida Fire Prevention Code and

19  the Life Safety Code that have the effect of amending building

20  construction standards. Upon request, the enforcing agency

21  shall provide a person making application for a building

22  permit, or any state agency or board with construction-related

23  regulation responsibilities, a listing of all such

24  requirements and codes.

25         (d)  A local government which adopts amendments to the

26  minimum firesafety code must provide a procedure by which the

27  validity of such amendments may be challenged by any

28  substantially affected party to test the amendment's

29  compliance with the provisions of this section.

30         1.  Unless the local government agrees to stay

31  enforcement of the amendment, or other good cause is shown,


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    CS for SB 1148                                 First Engrossed



  1  the challenging party shall be entitled to a hearing on the

  2  challenge within 45 days.

  3         2.  For purposes of such challenge, the burden of proof

  4  shall be on the challenging party, but the amendment shall not

  5  be presumed to be valid or invalid.

  6

  7  A substantially affected person may appeal, to the State Fire

  8  Marshal Department of Insurance, the local government's

  9  resolution of the challenge, and the department shall

10  determine if the amendment complies with this section. Actions

11  of the State Fire Marshal department are subject to judicial

12  review pursuant to s. 120.68.  The State Fire Marshal

13  department shall consider reports of the Florida Building

14  Commission, pursuant to part VII of chapter 533, when

15  evaluating building code enforcement.

16         (8)  Electrically Battery operated single station smoke

17  detectors required shall be considered as an approved

18  detection device for residential buildings shall not be

19  required to be interconnected within individual living units

20  in all buildings having direct access to the outside from each

21  living unit and having three stories or less.  This subsection

22  shall not apply to any residential building required to have a

23  manual or automatic fire alarm system.

24         (9)  The provisions of the Life Safety Code shall not

25  apply to newly constructed one-family and two-family

26  dwellings.  However, fire sprinkler protection may be

27  permitted by local government in lieu of other fire

28  protection-related development requirements for in such

29  structures.

30         Section 24.  The Florida Building Commission shall

31  conduct research regarding private sector assistance with the


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    CS for SB 1148                                 First Engrossed



  1  plans review and inspection functions of local government

  2  building departments.  Such study shall include:

  3         (1)  A survey of the extent to which building

  4  departments comply with the provisions of section 553.79(14),

  5  Florida Statutes, for the issuance of building permits and the

  6  reasons, if any, for noncompliance. The survey shall consider

  7  regional and other significant patterns affecting the building

  8  permit issuance process;

  9         (2)  Inventory of local jurisdictions which have

10  exercised the current statutory option, pursuant to section

11  468.617, Florida Statutes, to use private inspectors;

12         (3)  Survey of the experience of local jurisdictions in

13  regards to the impacts of privatization, including fiscal,

14  administrative, and health, safety and welfare impacts; and

15         (4)  Survey of the experience of other states with

16  privatizing building department plans review and inspection

17  functions.

18

19  The Florida Building Commission shall analyze and evaluate the

20  advantages and disadvantages of privatizing plans review and

21  inspection functions and recommend whether privatization

22  should be mandatory, and if so, when and under what

23  circumstances and in what manner such privatization should be

24  implemented.  Staff from the Legislative Committee on

25  Intergovernmental Relations shall provide technical assistance

26  to the Florida Building Commission regarding paragraphs

27  (1)-(4) of this section.  The Commission shall present a

28  report and recommendations to the Legislature by January 15,

29  2000.

30         Section 25.  Section 68 of chapter 98-287, Laws of

31  Florida, is amended to read:


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    CS for SB 1148                                 First Engrossed



  1         Section 68.  Effective January 1, 2001, or upon the

  2  resolution of an administrative challenge to the rule adopted

  3  by the Florida Building Commission pursuant to s. 120.56(2)

  4  adopting the Florida Building Code approval by the Legislature

  5  of the adoption of the Florida Building Code by the Florida

  6  Building Commission, parts I, II, and III of chapter 553,

  7  Florida Statutes, consisting of sections 553.01, 553.02,

  8  553.03, 553.04, 553.041, 553.05, 553.06, 553.07, 553.08,

  9  553.10, 553.11, 553.14, 553.15, 553.16, 553.17, 553.18,

10  553.19, 553.20, 553.21, 553.22, 553.23, 553.24, 553.25,

11  553.26, 553.27, and 553.28, Florida Statutes, are repealed and

12  section 553.141, Florida Statutes, is transferred and

13  renumbered as section 553.86, Florida Statutes.

14         Section 26.  Subsection (3) of section 471.017, Florida

15  Statutes, 1998 Supplement, and subsection (7) of section

16  489.513, Florida Statutes, 1998 Supplement, are repealed.

17         Section 27.  Subsection (3) of section 553.841, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         553.841  Building code training program; participant

20  competency requirements.--

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

22  administered by the commission in consultation with the

23  Department of Education, the Department of Community Affairs,

24  the Department of Business and Professional Regulation, the

25  State University System, the Building Officials Association of

26  Florida, the State Fire Marshal, and the Division of Community

27  Colleges.

28         Section 28.  Section 553.19, Florida Statutes, 1998

29  Supplement, is amended to read:

30         553.19  Adoption of electrical and alarm

31  standards.--For the purpose of establishing minimum electrical


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    CS for SB 1148                                 First Engrossed



  1  and alarm standards in this state, the current edition of the

  2  following standards are adopted:

  3         (1)  "National Electrical Code," NFPA No. 70.

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

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

  6  57 and UL 153.

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

  8  Electric Signs," UL 48.

  9         (4)  The provisions of the following which prescribe

10  minimum electrical and alarm standards:

11         (a)  NFPA No. 56A, "Inhalation Anesthetics."

12         (b)  NFPA No. 56B, "Respiratory Therapy."

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

14  Institutions."

15         (d)  NFPA No. 56D, "Hyperbaric Facilities."

16         (e)  NFPA No. 56F, "Nonflammable Medical Gas Systems."

17         (f)  NFPA No. 72, "National Fire Alarm Code."

18         (g)  NFPA No. 76A, "Essential Electrical Systems for

19  Health Care Facilities."

20         (5)  The rules and regulations of the Agency for Health

21  Care Administration Department of Health, entitled "Nursing

22  Homes and Related Facilities Licensure."

23         (6)  The minimum standards for grounding of portable

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

25  Industrial Standards Section, Division of Workers'

26  Compensation, Department of Labor and Employment Security.

27

28  The Florida Building Commission shall update and maintain such

29  electrical standards consistent with the procedures

30  established in s. 553.73.

31


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  1         Section 29.  (1)  The select committee to investigate

  2  and establish firesafety evaluation system criteria for the

  3  cost-effective application of fire codes and fire code

  4  alternatives for existing educational facilities which was

  5  established by chapter 98-287, Laws of Florida, is authorized

  6  to continue its work. Committee appointment authority

  7  established in chapter 98-287, Laws of Florida, continues even

  8  if any position on the select committee becomes vacant.

  9  Members of the committee shall serve at their own expense

10  except that state employees shall be reimbursed from existing

11  budgets for travel costs incurred.

12         (2)  The sum of $80,000 is allocated from the Insurance

13  Commissioner's Regulatory Trust Fund to the Division of State

14  Fire Marshal for the purposes of providing training and

15  education on the application of the firesafety evaluation

16  system for existing educational facilities to those impacted

17  by its use. The Division of State Fire Marshal shall cause the

18  firesafety evaluation system for educational facilities to be

19  reviewed for inclusion in the Florida Fire Prevention Code as

20  an acceptable alternative to code compliance.

21         Section 30.  Except as otherwise provided in this act,

22  this act shall take effect upon becoming a law.

23

24

25

26

27

28

29

30

31


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