House Bill 1723

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    Florida House of Representatives - 1999                HB 1723

        By Representative Constantine






  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

11         ss. 489.115, 497.255, 553.06, 553.73, 553.74,

12         553.141, 553.503, 553.506, and 553.512;

13         changing references from the Board of Building

14         Codes and Standards to the Florida Building

15         Commission; amending s. 62 of ch. 98-287, Laws

16         of Florida; exempting the rule adopting the

17         Florida Building Code from challenge as a

18         proposed rule; specifying effectiveness;

19         amending s. 553.73, F.S.; clarifying the effect

20         on local governments of adopting and updating

21         the Florida Building Code; specifying that

22         amendments to certain standards or criteria are

23         effective statewide only upon adoption by the

24         commission; prohibiting persons who participate

25         in the passage of a local amendment from

26         sitting on a countywide compliance review

27         board; providing for application of a certain

28         edition of the Florida Building Code under

29         certain circumstances; amending s. 553.77,

30         F.S.; revising the powers of the commission;

31         correcting a cross-reference; amending s.

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  1         553.781, F.S.; clarifying that the Department

  2         of Business and Professional Regulation conduct

  3         disciplinary investigations and take

  4         disciplinary actions; amending s. 553.80, F.S.;

  5         deleting a cross-reference; amending s.

  6         553.842, F.S.; clarifying certain provisions

  7         relating to product evaluation and approval;

  8         amending s. 633.025, F.S.; clarifying certain

  9         provisions relating to smoke detector

10         requirements in residential buildings; amending

11         s. 68 of ch. 98-287, Laws of Florida, to revise

12         a future repeal of certain sections of the

13         Florida Statutes; providing effective dates.

14

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

16

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

18  Statutes, 1998 Supplement, is amended to read:

19         161.56  Establishment of local enforcement.--

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

21  553.73 to adopt a building code by s. 553.73 and which has a

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

23  its territorial boundaries shall adopt, not later than January

24  1, 1987, as part of its building code, the requirements

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

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

27  553.71.

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

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

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

31  amended to read:

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  1         161.56  Establishment of local enforcement.--

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

  3  553.73 to enforce the Florida Building Code by s. 553.73 and

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

  5  zone within its territorial boundaries shall enforce the

  6  requirements of the code established in s. 161.55.

  7         Section 3.  Section 468.607, Florida Statutes, is

  8  amended to read:

  9         468.607  Certification of building code administration

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

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

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

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

14  may be employed by a state agency or local governmental

15  authority to perform the duties of a building code

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

17  1993, without possessing the proper valid certificate issued

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

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

20  conducting activities authorized by certification under that

21  section shall be deemed certified to continue inspections for

22  the local government until their Uniform Building Code

23  Inspector certification expires, after which time they must

24  possess the proper valid certificate issued in accordance with

25  the provisions of this part.

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

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

28         468.609  Administration of this part; standards for

29  certification; additional categories of certification.--

30

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

  2  for certification as an inspector or plans examiner pursuant

  3  to this part if the person:

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

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

  6         (c)  Meets eligibility requirements according to one of

  7  the following criteria:

  8         1.  Demonstrates 5 years' combined experience in the

  9  field of construction or related field inspection, or plans

10  review corresponding to the certification category sought;

11         2.  Demonstrates a combination of postsecondary

12  education in the field of construction or related field and

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

14  total being experience in construction, building inspection,

15  or plans review; or

16         3.  Currently holds a standard certificate as issued by

17  the board and satisfactorily completes an inspector or plans

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

19  certification category sought. The board shall establish by

20  rule criteria for the development and implementation of the

21  training programs.

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

23  established pursuant to s. 553.841, demonstrates successful

24  completion of the core curriculum and specialized or advanced

25  module coursework approved by the Florida Building Commission,

26  as part of the Building Code Training Program established

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

28  sought or, pursuant to authorization by the certifying

29  authority, provides proof of completion of such curriculum or

30  coursework within 6 months after such certification.

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

  2  for certification as a building code administrator pursuant to

  3  this part if the person:

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

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

  6         (c)  Meets eligibility requirements according to one of

  7  the following criteria:

  8         1.  Demonstrates 10 years' combined experience as an

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

10  registered or certified contractor, or construction

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

12  supervisory positions; or

13         2.  Demonstrates a combination of postsecondary

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

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

16  an architect, engineer, plans examiner, building code

17  inspector, registered or certified contractor, or construction

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

19  such total being experience in supervisory positions.

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

21  established pursuant to s. 553.841, demonstrates successful

22  completion of the core curriculum and specialized or advanced

23  module coursework approved by the Florida Building Commission,

24  as part of the Building Code Training Program established

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

26  sought or, pursuant to authorization by the certifying

27  authority, provides proof of completion of such curriculum or

28  coursework within 6 months after such certification.

29         Section 5.  Subsection (4) of section 489.115, Florida

30  Statutes, 1998 Supplement, is amended to read:

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  1         489.115  Certification and registration; endorsement;

  2  reciprocity; renewals; continuing education.--

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

  4  desires to continue as a certificateholder or registrant shall

  5  renew the certificate or registration every 2 years.  The

  6  department shall mail each certificateholder and registrant an

  7  application for renewal.

  8         (b)1.  Each certificateholder or registrant shall

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

10  that the certificateholder or registrant has completed at

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

12  continuing education courses during each biennium since the

13  issuance or renewal of the certificate or registration.  The

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

15  14 hours must deal with the subject of workers' compensation,

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

17  rule establish criteria for the approval of continuing

18  education courses and providers, including requirements

19  relating to the content of courses and standards for approval

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

21  alternative nonclassroom continuing education on an

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

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

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

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

26  to complete the full 14 hours of continuing education.

27         2.  In addition, the board may approve specialized

28  continuing education courses on compliance with the wind

29  resistance provisions for one and two family dwellings

30  contained in the State Minimum Building Codes and any

31  alternate methodologies for providing such wind resistance

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

  2  Building Commission Codes and Standards.  Division I

  3  certificateholders or registrants who demonstrate proficiency

  4  upon completion of such specialized courses may certify plans

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

  6  compliance with the code or alternate methodologies, as

  7  appropriate, except for dwellings located in floodways or

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

  9  National Flood Insurance Program.

10         3.  Each certificateholder or registrant shall provide

11  to the board proof of completion of the core curriculum

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

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

14  licensing category sought, within 2 years after commencement

15  of the program or of initial certification or registration,

16  whichever is later.  Classroom hours spent taking core

17  curriculum courses shall count toward the number required for

18  renewal of certificates or registration.  A certificateholder

19  or registrant who passes the equivalency test in lieu of

20  taking the core curriculum courses shall receive full credit

21  for core curriculum course hours.

22         (c)  The certificateholder or registrant shall

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

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

25  the application and fee, the department shall renew the

26  certificate or registration.

27         Section 6.  Section 497.255, Florida Statutes, 1998

28  Supplement, is amended to read:

29         497.255  Standards for construction and significant

30  alteration or renovation of mausoleums and columbaria.--

31

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  1         (1)  All newly constructed and significantly altered or

  2  renovated mausoleums and columbaria must, in addition to

  3  complying with applicable building codes, conform to the

  4  standards adopted under this section.

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

  6  1999, rules establishing minimum standards for all newly

  7  constructed and significantly altered or renovated mausoleums

  8  and columbaria; however, in the case of significant

  9  alterations or renovations to existing structures, the rules

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

11  altered or renovated portion of such structures, except as

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

13  said rules, the board may define different classes of

14  structures or construction standards, and may provide for

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

16  designation of classes and the application of different rules

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

18  board based on evidence of industry practices, economic and

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

20  that the rules shall provide minimum standards applicable to

21  all construction.  For example, and without limiting the

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

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

24  same level of construction standards that a large multistory

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

26  low-lying area subject to frequent flooding or hurricane

27  threats might require different standards than one located on

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

29  threats.  The board shall develop the rules in cooperation

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

31  Building Commission Codes and Standards of the Department of

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

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

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

  4  Board of Building Commission Codes and Standards advises that

  5  some of the standards proposed by the board are not

  6  appropriate for inclusion in such building codes, the board

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

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

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

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

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

12  binding on licensees and others subject to the jurisdiction of

13  the board, but only the chapter containing provisions

14  appropriate for building codes shall be transmitted to the

15  Florida Board of Building Commission Codes and Standards

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

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

18  specifications for construction; or other mechanisms. Such

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

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

21  for use for interment, entombment, or inurnment purposes

22  unless constructed of such material and workmanship as will

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

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

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

26  mausoleum construction and engineering science.

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

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

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

30         (c)  Such structure must contain adequate provision for

31  drainage and ventilation.

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

  2  construction. Notwithstanding the requirements of s. 553.895

  3  and chapter 633, any mausoleum or columbarium constructed of

  4  noncombustible materials, as defined in the Standard Building

  5  Code, shall not require a sprinkler system.

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

  7  other storm damage to the highest degree provided under

  8  applicable building codes for buildings of that class.

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

10  permanently sealing each crypt with durable materials after

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

12  effluvia or odors may escape therefrom except as provided by

13  design and sanitary engineering standards. Panels for

14  permanent seals must be solid and constructed of materials of

15  sufficient weight, permanence, density, imperviousness, and

16  strength as to ensure their durability and continued

17  functioning. Permanent crypt sealing panels must be securely

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

19  resilient, and durable materials after the interment or

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

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

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

23  acceptable materials for such outer or exposed coverings.

24         (g)  Interior and exterior fastenings for hangers,

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

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

27  other materials established by rule which provide equivalent

28  or better strength and durability, and must be properly

29  installed.

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

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

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

  2  Commission Codes and Standards, which shall initiate

  3  rulemaking under chapter 120 to consider such mausoleum

  4  standards. If such mausoleum standards are not deemed

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

  6  Building Commission Codes and Standards to the board with

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

  8  mausoleum standards are acceptable, the Florida Board of

  9  Building Commission Codes and Standards shall adopt a rule

10  designating the mausoleum standards as an approved revision to

11  the State Minimum Building Codes under part VII of chapter

12  553. When so designated by the Board of Building Codes and

13  Standards, such mausoleum standards shall become a required

14  element of the State Minimum Building Codes under s. 553.73(2)

15  and shall be transmitted to each local enforcement agency, as

16  defined in s. 553.71(5). Such local enforcement agency shall

17  consider and inspect for compliance with such mausoleum

18  standards as if they were part of the local building code, but

19  shall have no continuing duty to inspect after final approval

20  of the construction pursuant to the local building code. Any

21  further amendments to the mausoleum standards shall be

22  accomplished by the same procedure. Such designated mausoleum

23  standards, as from time to time amended, shall be a part of

24  the State Minimum Building Codes under s. 553.73 until the

25  adoption and effective date of a new statewide uniform minimum

26  building code, which may supersede the mausoleum standards as

27  provided by the law enacting the new statewide uniform minimum

28  building code.

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

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

31  interments, inurnments, and entombments in mausoleums and

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  1  columbaria occurring after the effective date of such rules,

  2  whether newly constructed or existing, suitable provision must

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

  4  accordance with standards promulgated pursuant to paragraph

  5  (2)(f).

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

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

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

  9  spaces.

10         Section 7.  Subsection (1) of section 553.06, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         553.06  State Plumbing Code.--

13         (1)  The Florida Building Commission shall, in

14  accordance with the provisions of chapter 120 and ss.

15  553.70-553.895, adopt the Standard Plumbing Code, 1994

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

17  Southern Building Code Congress International, as the State

18  Plumbing Code which shall be the minimum requirements

19  statewide for all installations, repairs, and alterations to

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

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

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

23  latest technological advances in plumbing and installation

24  techniques. Local governments which have adopted the South

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

26  may continue their use provided the requirements contained

27  therein meet or exceed the requirements of the State Plumbing

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

29  or diminish the authority of the Department of Business and

30  Professional Regulation to conduct plan reviews, issue

31  variances, and adopt rules regarding sanitary facilities in

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  1  public lodging and public food service establishments pursuant

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

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

  4         Section 8.  Section 62 of chapter 98-287, Laws of

  5  Florida, is amended to read:

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

  7  the Legislature, the Florida Building Commission shall submit

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

  9  Florida Building Code adopted by rule by the commission,

10  unless the proposed rule adopting the Florida Building Code

11  has been challenged pursuant to s. 120.56(2).  The commission

12  and shall also prepare and submit to the Legislature a list of

13  recommendations of revisions to the Florida Statutes

14  necessitated by adoption of the Florida Building Code if the

15  Legislature approves the Florida Building Code.

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

17  of an administrative challenge to the rule adopting the

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

19  the Florida Building Code by the Legislature, all existing

20  local technical amendments to any building code adopted by any

21  local government are repealed. Each local government may

22  readopt such amendments pursuant to s. 553.73, Florida

23  Statutes, provided such amendments comply with applicable

24  provisions of the Florida Building Code.

25         Section 9.  Effective January 1, 2001, subsections (4)

26  and (5) of section 553.73, Florida Statutes, 1998 Supplement,

27  as amended by section 40 of chapter 98-287, Laws of Florida,

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

29  are amended to read:

30         553.73  Florida Building Code.--

31

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

  2  standards for issuance of mandatory certificates of occupancy,

  3  minimum types of inspections, and procedures for plans review

  4  and inspections as established by the commission board by

  5  rule. Any amendments to standards established by the Florida

  6  Building Code pursuant to this paragraph shall be more

  7  stringent than such standards and shall be transmitted to the

  8  commission within 30 days after enactment.  The local

  9  government shall make such amendments available to the general

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

11  responsible for establishing the standards and procedures

12  required in this paragraph for governmental entities with

13  respect to applying the Florida Fire Prevention Code and the

14  Life Safety Code.

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

16  of this section, adopt amendments to the technical provisions

17  of the Florida Building Code which apply solely within the

18  jurisdiction of such government and which provide for more

19  stringent requirements than those specified in the Florida

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

21         1.  The local governing body determines, following a

22  public hearing which has been advertised in a newspaper of

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

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

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

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

27  demonstrates that local conditions justify more stringent

28  requirements than those specified in the Florida Building Code

29  for the protection of life and property.

30

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  1         2.  Such additional requirements are not discriminatory

  2  against materials, products, or construction techniques of

  3  demonstrated capabilities.

  4         3.  Such additional requirements may not introduce a

  5  new subject not addressed in the Florida Building Code.

  6         4.  The enforcing agency shall make readily available,

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

  8  section.

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

10  transmitted within 30 days by the adopting local government to

11  the commission.  The commission shall maintain copies of all

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

13  the public.

14         6.  Any amendment to the Florida Building Code adopted

15  by a local government pursuant to this paragraph shall be

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

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

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

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

20  commission shall immediately notify the respective local

21  government of the rescission of any amendment. After receiving

22  such notice, the respective local government may readopt the

23  rescinded amendment pursuant to the provisions of this

24  paragraph.

25         7.  Each county and municipality desiring to make local

26  technical amendments to the Florida Building Code shall by

27  interlocal agreement establish a countywide compliance review

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

29  adopted by a local government within the county pursuant to

30  this paragraph, that is challenged by any substantially

31  affected party for purposes of determining the amendment's

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

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

  3  the countywide compliance review board which hears a challenge

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

  5  board determines such amendment is not in compliance with this

  6  paragraph, the compliance review board shall notify such local

  7  government of the noncompliance and that the amendment is

  8  invalid and unenforceable until the local government corrects

  9  the amendment to bring it into compliance. The local

10  government may appeal the decision of the compliance review

11  board to the commission.  If the compliance review board

12  determines such amendment to be in compliance with this

13  paragraph, any substantially affected party may appeal such

14  determination to the commission. Actions of the commission are

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

16  compliance review board shall determine whether its decisions

17  apply to a respective local jurisdiction or apply countywide.

18         8.  An amendment adopted under this paragraph shall

19  include a fiscal impact statement which documents the costs

20  and benefits of the proposed amendment.  Criteria for the

21  fiscal impact statement shall include the impact to local

22  government relative to enforcement, the impact to property and

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

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

25  a basis for challenging the amendment for compliance.

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

27  commission may review any amendments adopted pursuant to this

28  subsection and make nonbinding recommendations related to

29  compliance of such amendments with this subsection.

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

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

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  1  district owned buildings, manufactured buildings approved by

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

  3  553.77(6).  The respective responsible entities shall consider

  4  the physical performance parameters substantiating such

  5  amendments when designing, specifying, and constructing such

  6  exempt buildings.

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

  8  120.536(1) and 120.54, shall update the Florida Building Code

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

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

11  initially adopted and subsequently updated by the board, the

12  Florida Building Code shall be deemed adopted for use

13  statewide without adoptions by local government. When updating

14  the Florida Building Code, the commission shall consider

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

16  for any model code incorporated into the Florida Building Code

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

18  declaratory statements, appellate decisions, and approved

19  statewide and local technical amendments. No change by an

20  institute or standards organization to any standard or

21  criterion adopted by reference in the Florida Building Code

22  shall become effective statewide until adopted by the

23  commission. The edition of the Florida Building Code in effect

24  on the date of application of any permit authorized by the

25  code shall govern the permitted work for the life of the

26  permit and any extension granted to such permit.

27         Section 10.  Subsections (3) and (4) of section 553.74,

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

29         553.74  Florida Building Commission.--

30

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  1         (3)  Members of the commission board shall serve

  2  without compensation, but shall be entitled to reimbursement

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

  4         (4)  Each appointed member is accountable to the

  5  Governor for the proper performance of the duties of the

  6  office. The Governor shall cause to be investigated any

  7  complaint or unfavorable report received concerning an action

  8  of the commission board or any member and shall take

  9  appropriate action thereon.  The Governor may remove from

10  office any appointed member for malfeasance, misfeasance,

11  neglect of duty, incompetence, permanent inability to perform

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

13  being found guilty of, a felony.

14         Section 11.  Effective January 1, 2001, paragraphs (d),

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

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

17  98-287, Laws of Florida, are amended, and paragraph (p) is

18  added to said subsection, to read:

19         553.77  Specific powers of the commission.--

20         (1)  The commission shall:

21         (d)  Upon written application by any substantially

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

23  agency, issue declaratory statements pursuant to s. 120.565

24  relating to the interpretation, enforcement, administration,

25  or modification by local governments of the Florida Building

26  Code.

27         (e)  When requested in writing by any substantially

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

29  shall issue declaratory statements pursuant to s. 120.565

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

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  1  Actions of the commission are subject to judicial review

  2  pursuant to s. 120.68.

  3         (i)  Determine the types of products requiring approval

  4  for local or statewide use and shall provide for the

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

  6  and method of construction for statewide use. Evaluation and

  7  approval shall be by action of the commission or delegated

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

  9  to products approved by the State Fire Marshal. (p)  Upon the

10  request of a private party or local enforcement agency,

11  provide technical assistance and issue advisory opinions

12  concerning both the technical and administrative provisions of

13  the Florida Building Code.

14         Section 12.  Subsection (2) of section 553.77, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         553.77  Specific powers of the commission.--

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

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

19  may also:

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

21  method of construction.

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

23  and advisory committees for assistance and recommendations

24  relating to the State Minimum Building Codes.

25         (c)  Appoint an advisory committee consisting of at

26  least five plumbing contractors licensed to do business in

27  this state for assistance and recommendations relating to

28  plumbing code interpretations, if the commission identifies

29  the need for additional assistance in making decisions

30  regarding the State Plumbing Code.

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  1         (d)  Provide technical assistance and issue advisory

  2  opinions concerning both the technical and administrative

  3  provisions of the State Minimum Building Codes.

  4         Section 13.  Subsection (4) of section 553.141, Florida

  5  Statutes, is amended to read:

  6         553.141  Public restrooms; ratio of facilities for men

  7  and women; application; rules.--

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

  9  Standards shall adopt rules to administer this section,

10  pursuant to chapter 120.

11         Section 14.  Section 553.503, Florida Statutes, is

12  amended to read:

13         553.503  Adoption of guidelines.--Subject to the

14  exceptions in s. 553.504, the federal Americans with

15  Disabilities Act Accessibility Guidelines, as adopted by

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

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

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

19  establish the minimum standards for the accessibility of

20  buildings and facilities built or altered within this state.

21  The 1997 Florida Accessibility Code for Building Construction

22  must be adopted by the Florida Board of Building Commission

23  Codes and Standards in accordance with chapter 120.

24         Section 15.  Section 553.506, Florida Statutes, is

25  amended to read:

26         553.506  Powers of the commission board.--In addition

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

28  the Florida Board of Building Commission Codes and Standards,

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

30  revised and updated versions of the Americans with

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  1  Disabilities Act Accessibility Guidelines in accordance with

  2  chapter 120.

  3         Section 16.  Section 553.512, Florida Statutes, is

  4  amended to read:

  5         553.512  Modifications and waivers; advisory council.--

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

  7  Standards shall provide by regulation criteria for granting

  8  individual modifications of, or exceptions from, the literal

  9  requirements of this part upon a determination of unnecessary,

10  unreasonable, or extreme hardship, provided such waivers shall

11  not violate federal accessibility laws and regulations and

12  shall be reviewed by the Handicapped Accessibility Advisory

13  Council consisting of the following seven members, who shall

14  be knowledgeable in the area of handicapped accessibility.

15  The Secretary of Community Affairs shall appoint the

16  following: a representative from the Advocacy Center for

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

18  Division of Blind Services; a representative from the Division

19  of Vocational Rehabilitation; a representative from a

20  statewide organization representing the physically

21  handicapped; a representative from the hearing impaired; a

22  representative from the President, Florida Council of

23  Handicapped Organizations; and a representative of the

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

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

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

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

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

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

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

31  1, 1991.  Any member of the council may be replaced by the

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  1  secretary upon three unexcused absences.  Upon application

  2  made in the form provided, an individual waiver or

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

  4  such modification or waiver is not in conflict with more

  5  stringent standards provided in another chapter.

  6         (2)  Members of the council shall serve without

  7  compensation, but shall be entitled to reimbursement for per

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

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

10  conjunction with the regular meetings of the commission board.

11         Section 17.  Paragraph (b) of subsection (2) of section

12  553.781, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         553.781  Licensee accountability.--

15         (2)

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

17  disputes the violation within 30 days following notification

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

19  jurisdiction shall report the dispute to the Department of

20  Business and Professional Regulation or the appropriate

21  professional licensing board for disciplinary investigation

22  and final disposition. If an administrative complaint is filed

23  by the department or the professional licensing board against

24  the certificateholder or registrant, the commission may

25  intervene in such proceeding. Any fine imposed by the

26  department or the professional licensing board, pursuant to

27  matters reported by the local jurisdiction to the department

28  or the professional licensing board, shall be divided equally

29  between the board and the local jurisdiction which reported

30  the violation.

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  1         Section 18.  Effective January 1, 2001, subsection (1)

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

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

  4  amended to read:

  5         553.80  Enforcement.--

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

  7  government and each legally constituted enforcement district

  8  with statutory authority to regulate building construction to

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

10  public or private buildings, structures, and facilities,

11  unless such responsibility has been delegated to another unit

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

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

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

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

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

17  responsibilities in enforcing the Florida Building Code. The

18  authority of state enforcing agencies to set fees for

19  enforcement shall be derived from authority existing on the

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

21  subsection shall operate to limit such agencies from adjusting

22  their fee schedule in conformance with existing authority.

23

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

25  municipalities, or code enforcement districts to conduct any

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

27  Florida Building Code. Any actions by counties or

28  municipalities not in compliance with this part may be

29  appealed to the Florida Building Commission. The commission,

30  upon a determination that actions not in compliance with this

31  part have delayed permitting or construction, may suspend the

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  1  authority of a county, municipality, or code enforcement

  2  district to enforce the Florida Building Code on the

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

  4  state community college, or public school district and provide

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

  6  state community college, or public school district.

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

  8  553.842, Florida Statutes, 1998 Supplement, are amended to

  9  read:

10         553.842  Product evaluation and approval.--

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

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

13  an approved product evaluation entity indicating compliance

14  with the Florida Building Code as complying with the standards

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

16  without further evaluation or approval.

17         (5)  Statewide and local approval of products or

18  methods or systems of construction shall be achieved by:

19         (a)  Issuance Submittal and validation of a product

20  evaluation report from an approved product evaluation entity

21  indicating the product or method or system of construction was

22  tested to be in compliance with the Florida Building Code or

23  with the intent of the Florida Building Code and the product

24  or method or system of construction is, for the purpose

25  intended, at least equivalent of that required by the Florida

26  Building Code; or

27         (b)  Submittal and validation of a product evaluation

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

29  professional engineer or architect, licensed in this state,

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

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

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

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

  3  product approved under this procedure shall be required to be

  4  manufactured under a quality assurance program, certified by

  5  an approved product evaluation entity.

  6         (12)  Products reported to comply with the requirements

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

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

  9  certified or approved for statewide or local use by an

10  approved product evaluation entity prior to the effective date

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

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

13  comply with this section.

14

15  For purposes of this section, an approved product evaluation

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

17  recognized independent evaluation authority, including, but

18  not limited to, the Southern Building Code Congress

19  International, Evaluation Services; National Evaluation

20  Services; the Building Officials Code Administration

21  International, Evaluation Services; the International

22  Conference of Building Officials, Evaluation Services; or

23  other entity otherwise approved by the commission.

24         Section 20.  Effective January 1, 2001, subsections (8)

25  and (9) of section 633.025, Florida Statutes, 1998 Supplement,

26  as amended by section 59 of chapter 98-287, Laws of Florida,

27  are amended to read:

28         633.025  Minimum firesafety standards.--

29         (8)  Electrically Battery operated single station smoke

30  detectors required shall be considered as an approved

31  detection device for residential buildings shall not be

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  1  required to be interconnected within individual living units

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

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

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

  5  manual or automatic fire alarm system.

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

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

  8  dwellings.  However, fire sprinkler protection may be

  9  permitted by local government in lieu of other fire

10  protection-related development requirements for in such

11  structures.

12         Section 21.  Section 68 of chapter 98-287, Laws of

13  Florida, is amended to read:

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

15  resolution of an administrative challenge to the rule adopted

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

17  adopting the Florida Building Code approval by the Legislature

18  of the adoption of the Florida Building Code by the Florida

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

20  Florida Statutes, consisting of sections 553.01, 553.02,

21  553.03, 553.04, 553.041, 553.05, 553.06, 553.07, 553.08,

22  553.10, 553.11, 553.14, 553.15, 553.16, 553.17, 553.18,

23  553.19, 553.20, 553.21, 553.22, 553.23, 553.24, 553.25,

24  553.26, 553.27, and 553.28, Florida Statutes, are repealed and

25  section 553.141, Florida Statutes, is transferred and

26  renumbered as section 553.86, Florida Statutes.

27         Section 22.  Except as otherwise provided herein, this

28  act shall take effect upon becoming a law.

29

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Makes technical corrections to the provisions of law
  4    enacted in 1998 creating the Florida Building Commission
      and providing for a unified standard Florida Building
  5    Code for use throughout the state. Clarifies the
      qualifications to take the examinations for inspector,
  6    plans examiner, and building code administrator.
      Clarifies the effect on local governments of adopting and
  7    updating the Florida Building Code. Prohibits persons who
      participate in the passage of a local building code
  8    amendment from sitting on the countywide compliance
      review board. Specifies that the Department of Business
  9    and Professional Regulation conduct disciplinary
      investigations and take disciplinary actions.  See bill
10    for details.

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