Senate Bill 1148e1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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.;
2
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
3
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
4
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
5
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
6
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
7
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
8
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
9
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
10
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
11
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
12
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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.--
13
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
14
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
15
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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.
16
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
17
CODING: Words stricken are deletions; words underlined are additions.
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
18
CODING: Words stricken are deletions; words underlined are additions.
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.
19
CODING: Words stricken are deletions; words underlined are additions.
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
20
CODING: Words stricken are deletions; words underlined are additions.
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
21
CODING: Words stricken are deletions; words underlined are additions.
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
22
CODING: Words stricken are deletions; words underlined are additions.
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
23
CODING: Words stricken are deletions; words underlined are additions.
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
24
CODING: Words stricken are deletions; words underlined are additions.
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
25
CODING: Words stricken are deletions; words underlined are additions.
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
26
CODING: Words stricken are deletions; words underlined are additions.
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
27
CODING: Words stricken are deletions; words underlined are additions.
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.
28
CODING: Words stricken are deletions; words underlined are additions.
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
29
CODING: Words stricken are deletions; words underlined are additions.
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
30
CODING: Words stricken are deletions; words underlined are additions.
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:
31
CODING: Words stricken are deletions; words underlined are additions.
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.
32
CODING: Words stricken are deletions; words underlined are additions.
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,
33
CODING: Words stricken are deletions; words underlined are additions.
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
34
CODING: Words stricken are deletions; words underlined are additions.
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:
35
CODING: Words stricken are deletions; words underlined are additions.
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
36
CODING: Words stricken are deletions; words underlined are additions.
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
37
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1148 First Engrossed
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
38