House Bill 1723e2

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                                     HB 1723, Second Engrossed/ntc



  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; providing

11         nothing prohibits school boards, community

12         colleges, or universities from entering into

13         contracts; amending ss. 489.115, 497.255,

14         553.06, 553.73, 553.74, 553.141, 553.503,

15         553.506, and 553.512; changing references from

16         the Board of Building Codes and Standards to

17         the Florida Building Commission; amending s. 62

18         of ch. 98-287, Laws of Florida; recognizing

19         that the rule adopting the Florida Building

20         Code may not become final by the 2000

21         Legislative Session if challenged pursuant to

22         s. 120.56(2); specifying effectiveness;

23         amending s. 553.19, F.S.; correcting an

24         obsolete agency reference for certain purposes;

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

26         on local governments of adopting and updating

27         the Florida Building Code; specifying that

28         amendments to certain standards or criteria are

29         effective statewide only upon adoption by the

30         commission;  providing for immediate effect of

31         certain amendments to the Florida Building Code


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                                     HB 1723, Second Engrossed/ntc



  1         under certain circumstances; revising criteria

  2         for commission approval of technical amendments

  3         to the Florida Building Code; prohibiting

  4         persons who participate in the passage of a

  5         local amendment from sitting on a countywide

  6         compliance review board; providing for

  7         application of a certain edition of the Florida

  8         Building Code under certain circumstances;

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

10         of the commission; correcting a

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

12         clarifying that the Department of Business and

13         Professional Regulation conduct disciplinary

14         investigations and take disciplinary actions;

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

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

17         clarifying certain provisions relating to

18         product evaluation and approval; amending ss.

19         633.01, 633.0215, and 633.025; replacing

20         Department of Insurance language with State

21         Fire Marshal; amending s. 633.025, F.S.;

22         clarifying certain provisions relating to smoke

23         detector requirements in residential buildings;

24         amending s. 68 of ch. 98-287, Laws of Florida,

25         to revise a future repeal of certain sections

26         of the Florida Statutes; amending 553.841;

27         providing the State Fire Marshal is consulted

28         on building code training program;  authorizing

29         a certain select committee to continue its

30         investigations; continuing committee

31         appointment authority; allocating certain


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                                     HB 1723, Second Engrossed/ntc



  1         moneys from the Insurance Commissioner's

  2         Regulatory Trust Fund to the State Fire Marshal

  3         for certain pursposes; requiring the State Fire

  4         Marshal's Office to cause the review of a

  5         certain code for educational facilities for

  6         certain purposes; repealing s. 471.017(3) and

  7         489.513(7); providing effective dates.

  8

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

10

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

12  Statutes, 1998 Supplement, is amended to read:

13         161.56  Establishment of local enforcement.--

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

15  553.73 to adopt a building code by s. 553.73 and which has a

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

17  its territorial boundaries shall adopt, not later than January

18  1, 1987, as part of its building code, the requirements

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

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

21  553.71.

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

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

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

25  amended to read:

26         161.56  Establishment of local enforcement.--

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

28  553.73 to enforce the Florida Building Code by s. 553.73 and

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

30  zone within its territorial boundaries shall enforce the

31  requirements of the code established in s. 161.55.


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                                     HB 1723, Second Engrossed/ntc



  1         Section 3.  Section 468.607, Florida Statutes, is

  2  amended to read:

  3         468.607  Certification of building code administration

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

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

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

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

  8  may be employed by a state agency or local governmental

  9  authority to perform the duties of a building code

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

11  1993, without possessing the proper valid certificate issued

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

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

14  conducting activities authorized by certification under that

15  section shall be deemed certified to continue inspections for

16  the local government until their Uniform Building Code

17  Inspector certification expires, after which time they must

18  possess the proper valid certificate issued in accordance with

19  the provisions of this part.

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

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

22         468.609  Administration of this part; standards for

23  certification; additional categories of certification.--

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

25  for certification as an inspector or plans examiner pursuant

26  to this part if the person:

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

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

29         (c)  Meets eligibility requirements according to one of

30  the following criteria:

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                                     HB 1723, Second Engrossed/ntc



  1         1.  Demonstrates 5 years' combined experience in the

  2  field of construction or related field inspection, or plans

  3  review corresponding to the certification category sought;

  4         2.  Demonstrates a combination of postsecondary

  5  education in the field of construction or related field and

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

  7  total being experience in construction, building inspection,

  8  or plans review; or

  9         3.  Currently holds a standard certificate as issued by

10  the board and satisfactorily completes an inspector or plans

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

12  certification category sought. The board shall establish by

13  rule criteria for the development and implementation of the

14  training programs.

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

25  for certification as a building code administrator pursuant to

26  this part if the person:

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

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

29         (c)  Meets eligibility requirements according to one of

30  the following criteria:

31


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                                     HB 1723, Second Engrossed/ntc



  1         1.  Demonstrates 10 years' combined experience as an

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

  3  registered or certified contractor, or construction

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

  5  supervisory positions; or

  6         2.  Demonstrates a combination of postsecondary

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

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

  9  an architect, engineer, plans examiner, building code

10  inspector, registered or certified contractor, or construction

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

12  such total being experience in supervisory positions.

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

14  established pursuant to s. 553.841, demonstrates successful

15  completion of the core curriculum and specialized or advanced

16  module coursework approved by the Florida Building Commission,

17  as part of the Building Code Training Program established

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

19  sought or, pursuant to authorization by the certifying

20  authority, provides proof of completion of such curriculum or

21  coursework within 6 months after such certification.

22         Section 5.  Section 468.617, Florida Statutes, 1998

23  Supplement, is amended to read:

24         468.617  Joint inspection department; other

25  arrangements.--

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

27  jurisdiction school board, community college board, or state

28  university from entering into and carrying out contracts with

29  any other local jurisdiction or educational board under which

30  the parties agree to create and support a joint inspection

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


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                                     HB 1723, Second Engrossed/ntc



  1  lieu of a joint inspection department, any local jurisdiction

  2  may designate an inspector from another local jurisdiction to

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

  4         (2)  Nothing in this part shall prohibit local

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

  6  universities from contracting with persons certified pursuant

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

  8  individual or entity may not inspect or examine plans on

  9  projects in which the individual or entity designed or

10  permitted the projects.

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

12  municipal government, school board, community college board,

13  or state university from entering into any contract with any

14  person or entity for the provision of services regulated under

15  this part, and notwithstanding any other statutory provision,

16  such county or municipal governments may enter into contracts.

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

18  Statutes, 1998 Supplement, is amended to read:

19         489.115  Certification and registration; endorsement;

20  reciprocity; renewals; continuing education.--

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

22  desires to continue as a certificateholder or registrant shall

23  renew the certificate or registration every 2 years.  The

24  department shall mail each certificateholder and registrant an

25  application for renewal.

26         (b)1.  Each certificateholder or registrant shall

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

28  that the certificateholder or registrant has completed at

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

30  continuing education courses during each biennium since the

31  issuance or renewal of the certificate or registration.  The


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                                     HB 1723, Second Engrossed/ntc



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

  2  14 hours must deal with the subject of workers' compensation,

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

  4  rule establish criteria for the approval of continuing

  5  education courses and providers, including requirements

  6  relating to the content of courses and standards for approval

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

  8  alternative nonclassroom continuing education on an

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

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

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

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

13  to complete the full 14 hours of continuing education.

14         2.  In addition, the board may approve specialized

15  continuing education courses on compliance with the wind

16  resistance provisions for one and two family dwellings

17  contained in the State Minimum Building Codes and any

18  alternate methodologies for providing such wind resistance

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

20  Building Commission Codes and Standards.  Division I

21  certificateholders or registrants who demonstrate proficiency

22  upon completion of such specialized courses may certify plans

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

24  compliance with the code or alternate methodologies, as

25  appropriate, except for dwellings located in floodways or

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

27  National Flood Insurance Program.

28         3.  Each certificateholder or registrant shall provide

29  to the board proof of completion of the core curriculum

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

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


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                                     HB 1723, Second Engrossed/ntc



  1  licensing category sought, within 2 years after commencement

  2  of the program or of initial certification or registration,

  3  whichever is later.  Classroom hours spent taking core

  4  curriculum courses shall count toward the number required for

  5  renewal of certificates or registration.  A certificateholder

  6  or registrant who passes the equivalency test in lieu of

  7  taking the core curriculum courses shall receive full credit

  8  for core curriculum course hours.

  9         (c)  The certificateholder or registrant shall

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

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

12  the application and fee, the department shall renew the

13  certificate or registration.

14         Section 7.  Section 497.255, Florida Statutes, 1998

15  Supplement, is amended to read:

16         497.255  Standards for construction and significant

17  alteration or renovation of mausoleums and columbaria.--

18         (1)  All newly constructed and significantly altered or

19  renovated mausoleums and columbaria must, in addition to

20  complying with applicable building codes, conform to the

21  standards adopted under this section.

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

23  1999, rules establishing minimum standards for all newly

24  constructed and significantly altered or renovated mausoleums

25  and columbaria; however, in the case of significant

26  alterations or renovations to existing structures, the rules

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

28  altered or renovated portion of such structures, except as

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

30  said rules, the board may define different classes of

31  structures or construction standards, and may provide for


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                                     HB 1723, Second Engrossed/ntc



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

  2  designation of classes and the application of different rules

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

  4  board based on evidence of industry practices, economic and

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

  6  that the rules shall provide minimum standards applicable to

  7  all construction.  For example, and without limiting the

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

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

10  same level of construction standards that a large multistory

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

12  low-lying area subject to frequent flooding or hurricane

13  threats might require different standards than one located on

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

15  threats.  The board shall develop the rules in cooperation

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

17  Building Commission Codes and Standards of the Department of

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

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

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

21  Board of Building Commission Codes and Standards advises that

22  some of the standards proposed by the board are not

23  appropriate for inclusion in such building codes, the board

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

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

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

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

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

29  binding on licensees and others subject to the jurisdiction of

30  the board, but only the chapter containing provisions

31  appropriate for building codes shall be transmitted to the


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                                     HB 1723, Second Engrossed/ntc



  1  Florida Board of Building Commission Codes and Standards

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

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

  4  specifications for construction; or other mechanisms. Such

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

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

  7  for use for interment, entombment, or inurnment purposes

  8  unless constructed of such material and workmanship as will

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

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

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

12  mausoleum construction and engineering science.

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

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

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

16         (c)  Such structure must contain adequate provision for

17  drainage and ventilation.

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

19  construction. Notwithstanding the requirements of s. 553.895

20  and chapter 633, any mausoleum or columbarium constructed of

21  noncombustible materials, as defined in the Standard Building

22  Code, shall not require a sprinkler system.

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

24  other storm damage to the highest degree provided under

25  applicable building codes for buildings of that class.

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

27  permanently sealing each crypt with durable materials after

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

29  effluvia or odors may escape therefrom except as provided by

30  design and sanitary engineering standards. Panels for

31  permanent seals must be solid and constructed of materials of


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                                     HB 1723, Second Engrossed/ntc



  1  sufficient weight, permanence, density, imperviousness, and

  2  strength as to ensure their durability and continued

  3  functioning. Permanent crypt sealing panels must be securely

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

  5  resilient, and durable materials after the interment or

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

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

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

  9  acceptable materials for such outer or exposed coverings.

10         (g)  Interior and exterior fastenings for hangers,

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

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

13  other materials established by rule which provide equivalent

14  or better strength and durability, and must be properly

15  installed.

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

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

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

19  Commission Codes and Standards, which shall initiate

20  rulemaking under chapter 120 to consider such mausoleum

21  standards. If such mausoleum standards are not deemed

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

23  Building Commission Codes and Standards to the board with

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

25  mausoleum standards are acceptable, the Florida Board of

26  Building Commission Codes and Standards shall adopt a rule

27  designating the mausoleum standards as an approved revision to

28  the State Minimum Building Codes under part VII of chapter

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

30  Commission Codes and Standards , such mausoleum standards

31  shall become a required element of the State Minimum Building


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                                     HB 1723, Second Engrossed/ntc



  1  Codes under s. 553.73(2) and shall be transmitted to each

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

  3  local enforcement agency shall consider and inspect for

  4  compliance with such mausoleum standards as if they were part

  5  of the local building code, but shall have no continuing duty

  6  to inspect after final approval of the construction pursuant

  7  to the local building code. Any further amendments to the

  8  mausoleum standards shall be accomplished by the same

  9  procedure. Such designated mausoleum standards, as from time

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

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

12  a new statewide uniform minimum building code, which may

13  supersede the mausoleum standards as provided by the law

14  enacting the new statewide uniform minimum building code.

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

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

17  interments, inurnments, and entombments in mausoleums and

18  columbaria occurring after the effective date of such rules,

19  whether newly constructed or existing, suitable provision must

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

21  accordance with standards promulgated pursuant to paragraph

22  (2)(f).

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

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

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

26  spaces.

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

28  Statutes, 1998 Supplement, is amended to read:

29         553.06  State Plumbing Code.--

30         (1)  The Florida Building Commission shall, in

31  accordance with the provisions of chapter 120 and ss.


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  1  553.70-553.895, adopt the Standard Plumbing Code, 1994

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

  3  Southern Building Code Congress International, as the State

  4  Plumbing Code which shall be the minimum requirements

  5  statewide for all installations, repairs, and alterations to

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

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

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

  9  latest technological advances in plumbing and installation

10  techniques. Local governments which have adopted the South

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

12  may continue their use provided the requirements contained

13  therein meet or exceed the requirements of the State Plumbing

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

15  or diminish the authority of the Department of Business and

16  Professional Regulation to conduct plan reviews, issue

17  variances, and adopt rules regarding sanitary facilities in

18  public lodging and public food service establishments pursuant

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

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

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

22  Florida, is amended to read:

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

24  the Legislature, the Florida Building Commission shall submit

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

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

27  the proposed rule adopting the Florida Building Code has been

28  challenged pursuant to s. 120.56(2), the Legislature may

29  address the subject of the challenge. The commission and shall

30  also prepare and submit to the Legislature a list of

31  recommendations of revisions to the Florida Statutes


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  1  necessitated by adoption of the Florida Building Code if the

  2  Legislature approves the Florida Building Code.

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

  4  of an administrative challenge to the rule adopting the

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

  6  the Florida Building Code by the Legislature, all existing

  7  local technical amendments to any building code adopted by any

  8  local government are repealed. Each local government may

  9  readopt such amendments pursuant to s. 553.73, Florida

10  Statutes, provided such amendments comply with applicable

11  provisions of the Florida Building Code.

12         Section 10.  Subsection (5) of section 553.19, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         553.19  Adoption of electrical and alarm

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

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

17  following standards are adopted:

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

19  Care Administration Department of Health, entitled "Nursing

20  Homes and Related Facilities Licensure."

21

22  The Florida Building Commission shall update and maintain such

23  electrical standards consistent with the procedures

24  established in s. 553.73.

25         Section 11.  Effective January 1, 2001, subsections (4)

26  and (5) and paragraph (a) of subsection (7) of section 553.73,

27  Florida Statutes, 1998 Supplement, as amended by section 40 of

28  chapter 98-287, Laws of Florida, as amended by section 61 of

29  chapter 98-419, Laws of Florida, are amended to read:

30         553.73  Florida Building Code.--

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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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                                     HB 1723, Second Engrossed/ntc



  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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                                     HB 1723, Second Engrossed/ntc



  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 or amendment to, the Florida Building Code by the

11  commission is Once initially adopted and subsequently updated

12  by the board, the Florida Building Code shall be deemed

13  adopted for use statewide without adoptions by local

14  government. When updating the Florida Building Code, the

15  commission shall consider changes made by the adopting entity

16  of any selected model code for any model code incorporated

17  into the Florida Building Code by the commission, the

18  commission's own interpretations, declaratory statements,

19  appellate decisions, and approved statewide and local

20  technical amendments. No change by an institute or standards

21  organization to any standard or criterion adopted by reference

22  in the Florida Building Code shall become effective statewide

23  until adopted by the commission. The edition of the Florida

24  Building Code in effect on the date of application of any

25  permit authorized by the code shall govern the permitted work

26  for the life of the permit and any extension granted to such

27  permit. Any amendment to the Florida Building Code adopted

28  upon a finding by the commission that the amendment is

29  necessary to protect the public from immediate threat of harm

30  shall become effective immediately.

31


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                                     HB 1723, Second Engrossed/ntc



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

  2  to the Florida Building Code once each year for statewide

  3  application upon a finding that delaying the application of

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

  5  welfare of the public or the amendment provides an economic

  6  advantage to the consumer and that the amendment:

  7         1.  Has a reasonable and substantial connection with

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

  9         2.  Strengthens or improves the Florida Building Code,

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

11  equivalent or better products or methods or systems of

12  construction.

13         3.  Does not discriminate against materials, products,

14  methods, or systems of construction of demonstrated

15  capabilities.

16         4.  Does not degrade the effectiveness of the Florida

17  Building Code.

18

19  Amendments approved under this paragraph shall be adopted by

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

21         Section 12.  Subsections (3) and (4) of section 553.74,

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

23         553.74  Florida Building Commission.--

24         (3)  Members of the commission board shall serve

25  without compensation, but shall be entitled to reimbursement

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

27         (4)  Each appointed member is accountable to the

28  Governor for the proper performance of the duties of the

29  office. The Governor shall cause to be investigated any

30  complaint or unfavorable report received concerning an action

31  of the commission board or any member and shall take


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                                     HB 1723, Second Engrossed/ntc



  1  appropriate action thereon.  The Governor may remove from

  2  office any appointed member for malfeasance, misfeasance,

  3  neglect of duty, incompetence, permanent inability to perform

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

  5  being found guilty of, a felony.

  6         Section 13.  Effective January 1, 2001, paragraphs (d),

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

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

  9  98-287, Laws of Florida, are amended, and paragraph (p) is

10  added to said subsection, to read:

11         553.77  Specific powers of the commission.--

12         (1)  The commission shall:

13         (d)  Upon written application by any substantially

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

15  agency, issue declaratory statements pursuant to s. 120.565

16  relating to the interpretation, enforcement, administration,

17  or modification by local governments of the Florida Building

18  Code.

19         (e)  When requested in writing by any substantially

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

21  shall issue declaratory statements pursuant to s. 120.565

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

23  Actions of the commission are subject to judicial review

24  pursuant to s. 120.68.

25         (i)  Determine the types of products requiring approval

26  for local or statewide use and shall provide for the

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

28  and method of construction for statewide use. Evaluation and

29  approval shall be by action of the commission or delegated

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

31  to products approved by the State Fire Marshal.


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                                     HB 1723, Second Engrossed/ntc



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

  2  enforcement agency, provide technical assistance and issue

  3  advisory opinions concerning both the technical and

  4  administrative provisions of the Florida Building Code.

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

  6  Statutes, 1998 Supplement, is amended to read:

  7         553.77  Specific powers of the commission.--

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

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

10  may also:

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

12  method of construction.

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

14  and advisory committees for assistance and recommendations

15  relating to the State Minimum Building Codes.

16         (c)  Appoint an advisory committee consisting of at

17  least five plumbing contractors licensed to do business in

18  this state for assistance and recommendations relating to

19  plumbing code interpretations, if the commission identifies

20  the need for additional assistance in making decisions

21  regarding the State Plumbing Code.

22         (d)  Provide technical assistance and issue advisory

23  opinions concerning both the technical and administrative

24  provisions of the State Minimum Building Codes.

25         Section 15.  Subsection (4) of section 553.141, Florida

26  Statutes, is amended to read:

27         553.141  Public restrooms; ratio of facilities for men

28  and women; application; rules.--

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

30  Standards shall adopt rules to administer this section,

31  pursuant to chapter 120.


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                                     HB 1723, Second Engrossed/ntc



  1         Section 16.  Section 553.503, Florida Statutes, is

  2  amended to read:

  3         553.503  Adoption of guidelines.--Subject to the

  4  exceptions in s. 553.504, the federal Americans with

  5  Disabilities Act Accessibility Guidelines, as adopted by

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

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

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

  9  establish the minimum standards for the accessibility of

10  buildings and facilities built or altered within this state.

11  The 1997 Florida Accessibility Code for Building Construction

12  must be adopted by the Florida Board of Building Commission

13  Codes and Standards in accordance with chapter 120.

14         Section 17.  Section 553.506, Florida Statutes, is

15  amended to read:

16         553.506  Powers of the commission board.--In addition

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

18  the Florida Board of Building Commission Codes and Standards,

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

20  revised and updated versions of the Americans with

21  Disabilities Act Accessibility Guidelines in accordance with

22  chapter 120.

23         Section 18.  Section 553.512, Florida Statutes, is

24  amended to read:

25         553.512  Modifications and waivers; advisory council.--

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

27  Standards shall provide by regulation criteria for granting

28  individual modifications of, or exceptions from, the literal

29  requirements of this part upon a determination of unnecessary,

30  unreasonable, or extreme hardship, provided such waivers shall

31  not violate federal accessibility laws and regulations and


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                                     HB 1723, Second Engrossed/ntc



  1  shall be reviewed by the Handicapped Accessibility Advisory

  2  Council consisting of the following seven members, who shall

  3  be knowledgeable in the area of handicapped accessibility.

  4  The Secretary of Community Affairs shall appoint the

  5  following: a representative from the Advocacy Center for

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

  7  Division of Blind Services; a representative from the Division

  8  of Vocational Rehabilitation; a representative from a

  9  statewide organization representing the physically

10  handicapped; a representative from the hearing impaired; a

11  representative from the President, Florida Council of

12  Handicapped Organizations; and a representative of the

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

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

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

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

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

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

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

20  1, 1991.  Any member of the council may be replaced by the

21  secretary upon three unexcused absences.  Upon application

22  made in the form provided, an individual waiver or

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

24  such modification or waiver is not in conflict with more

25  stringent standards provided in another chapter.

26         (2)  Members of the council shall serve without

27  compensation, but shall be entitled to reimbursement for per

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

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

30  conjunction with the regular meetings of the commission board.

31


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                                     HB 1723, Second Engrossed/ntc



  1         Section 19.  Paragraph (b) of subsection (2) of section

  2  553.781, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         553.781  Licensee accountability.--

  5         (2)

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

  7  disputes the violation within 30 days following notification

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

  9  jurisdiction shall report the dispute to the Department of

10  Business and Professional Regulation or the appropriate

11  professional licensing board for disciplinary investigation

12  and final disposition. If an administrative complaint is filed

13  by the department or the professional licensing board against

14  the certificateholder or registrant, the commission may

15  intervene in such proceeding. Any fine imposed by the

16  department or the professional licensing board, pursuant to

17  matters reported by the local jurisdiction to the department

18  or the professional licensing board, shall be divided equally

19  between the board and the local jurisdiction which reported

20  the violation.

21         Section 20.  Effective January 1, 2001, subsection (1)

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

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

24  amended to read:

25         553.80  Enforcement.--

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

27  government and each legally constituted enforcement district

28  with statutory authority to regulate building construction to

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

30  public or private buildings, structures, and facilities,

31  unless such responsibility has been delegated to another unit


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                                     HB 1723, Second Engrossed/ntc



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

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

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

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

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

  6  responsibilities in enforcing the Florida Building Code. The

  7  authority of state enforcing agencies to set fees for

  8  enforcement shall be derived from authority existing on the

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

10  subsection shall operate to limit such agencies from adjusting

11  their fee schedule in conformance with existing authority.

12

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

14  municipalities, or code enforcement districts to conduct any

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

16  Florida Building Code. Any actions by counties or

17  municipalities not in compliance with this part may be

18  appealed to the Florida Building Commission. The commission,

19  upon a determination that actions not in compliance with this

20  part have delayed permitting or construction, may suspend the

21  authority of a county, municipality, or code enforcement

22  district to enforce the Florida Building Code on the

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

24  state community college, or public school district and provide

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

26  state community college, or public school district.

27         Section 21.  Subsections (3), (5), and (12) of section

28  553.842, Florida Statutes, 1998 Supplement, are amended to

29  read:

30         553.842  Product evaluation and approval.--

31


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                                     HB 1723, Second Engrossed/ntc



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

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

  3  an approved product evaluation entity indicating compliance

  4  with the Florida Building Code as complying with the standards

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

  6  without further evaluation or approval.

  7         (5)  Statewide and local approval of products or

  8  methods or systems of construction shall be achieved by:

  9         (a)  Issuance Submittal and validation of a complete

10  product evaluation report from an approved product evaluation

11  entity indicating the product or method or system of

12  construction was tested to be in compliance with the Florida

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

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

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

16  the Florida Building Code; or

17         (b)  Issuance Submittal and validation of a complete

18  product evaluation report or rational analysis which is signed

19  and sealed by a professional engineer or architect, licensed

20  in this state, who has no conflict of interest, as determined

21  by national guidelines, who certifies that the product or

22  method or system of construction is, for the purpose intended,

23  at least equivalent of that required by the Florida Building

24  Code.  Any product approved under this procedure shall be

25  required to be manufactured under a quality assurance program,

26  certified by an approved product evaluation entity.

27         (12)  Products reported to comply with the requirements

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

29  Florida Building Code (Broward and Dade Edition), or otherwise

30  certified or approved for statewide or local use by an

31  approved product evaluation entity prior to the effective date


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                                     HB 1723, Second Engrossed/ntc



  1  of the Florida Building Code, this act shall be deemed to be

  2  approved for use in this state until the expiration date of

  3  such approval or for no more than 2 years following the

  4  effective date of the Florida Building Code pursuant to this

  5  section and to comply with this section.

  6

  7  For purposes of this section, an approved product evaluation

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

  9  recognized independent evaluation authority, including, but

10  not limited to, the Southern Building Code Congress

11  International, Evaluation Services; National Evaluation

12  Services; the Building Officials Code Administration

13  International, Evaluation Services; the International

14  Conference of Building Officials, Evaluation Services; or

15  other entity otherwise approved by the commission.

16         Section 22.  Effective January 1, 2001, subsection (6)

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

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

19  amended to read:

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

21  requested in writing by any substantially affected person or a

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

23  Department of Insurance shall issue, when requested in writing

24  by any substantially affected person or a local enforcing

25  agency, declaratory statements pursuant to s. 120.565 relating

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

27  Such declaratory statements shall apply prospectively, except

28  whenever the State Fire Marshal determines that a serious

29  threat to life exists that warrants retroactive application.

30         Section 23.  Effective January 1, 2001, subsections

31  (1), (2), (3), (4), and (5) of section 633.0215, Florida


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                                     HB 1723, Second Engrossed/ntc



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

  2  98-287, Laws of Florida, are amended and new subsections (7),

  3  (8), and (9) are added to read:

  4         633.0215  Florida Fire Prevention Code.--

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

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

  7  Prevention Code which shall contain or incorporate by

  8  reference all firesafety laws and rules that pertain to and

  9  govern the design, construction, erection, alteration,

10  modification, repair, and demolition of public and private

11  buildings, structures, and facilities and the enforcement of

12  such firesafety laws and rules.

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

14  National Fire Protection Association's Standard 1, Fire

15  Prevention Code.  The State Fire Marshal department shall

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

17  reference.  The State Fire Marshal department may modify the

18  selected codes and standards as needed to accommodate the

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

20  selected codes shall be similarly incorporated by reference.

21  The State Fire Marshal department shall incorporate within

22  sections of the Florida Fire Prevention Code provisions that

23  address uniform firesafety standards as established in s.

24  633.022.  The State Fire Marshal department shall incorporate

25  within sections of the Florida Fire Prevention Code provisions

26  addressing regional and local concerns and variations.

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

28  Code adopted by a local government shall be effective only

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

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

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


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                                     HB 1723, Second Engrossed/ntc



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

  2  rescind the amendment.  The State Fire Marshal department

  3  shall immediately notify the respective local government of

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

  5  the respective local government may readopt the rescinded

  6  amendment. Incorporation of local amendments as regional and

  7  local concerns and variations shall be considered as adoption

  8  of an amendment pursuant to this part.  Notwithstanding other

  9  state or local building and construction code laws to the

10  contrary, locally adopted fire code requirements that were in

11  existence on the effective date of this section shall be

12  deemed local variations of the Florida Fire Prevention Code

13  until the State Fire Marshal department takes action to adopt

14  or rescind such requirements as provided herein, and such

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

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

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

18  Florida Fire Prevention Code every 3 years.  Once initially

19  adopted and subsequently updated by the department, the

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

21  adopted for use statewide without adoptions by local

22  governments.  When updating the Florida Fire Prevention Code

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

24  Fire Marshal department shall consider changes made by the

25  national model fire codes incorporated into the Florida Fire

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

27  interpretations, declaratory statements, appellate decisions,

28  and approved statewide and local technical amendments.

29         (5)  The State Fire Marshal department may approve

30  technical amendments notwithstanding the 3-year update cycle

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


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                                     HB 1723, Second Engrossed/ntc



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

  2  chapter 120.

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

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

  5  respect to, zoning requirements or land use requirements.

  6  Additionally, a local code enforcement agency may not

  7  administer or enforce the Florida Fire Prevention Code to

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

  9  but not limited to, correctional facilities, juvenile justice

10  facilities, or state universities, community colleges, or

11  public education facilities.  This section shall not be

12  construed to prohibit local government from imposing built-in

13  fire protection systems or fire-related infrastructure

14  requirements needed to properly protect the intended facility.

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

16  must strengthen the requirements of the minimum firesafety

17  code.

18         (8)  Within 30 days after a local government adopts a

19  local amendment, such local government shall transmit the

20  amendment to the Florida Building Commission.

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

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

23  633.025 for the purpose of accomplishing the objectives as set

24  forth therein.

25         Section 24.  Effective January 1, 2001, subsections

26  (1), (3), (4), (8), and (9) of section 633.025, Florida

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

28  98-287, Laws of Florida, are amended to read:

29         633.025  Minimum firesafety standards.--

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

31  Safety Code adopted by the State Fire Marshal Department of


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                                     HB 1723, Second Engrossed/ntc



  1  Insurance, which shall operate in conjunction with the Florida

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

  3  county, and special district with firesafety responsibilities.

  4  The minimum firesafety codes shall not apply to buildings and

  5  structures subject to the uniform firesafety standards under

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

  7  firesafety standards adopted pursuant to s. 394.879.

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

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

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

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

12  district with firesafety responsibilities as part of the

13  minimum firesafety code.

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

15  municipality, county, or special district with firesafety

16  responsibilities may adopt more stringent firesafety

17  standards, subject to the requirements of this subsection.

18  Such county, municipality, or special district may establish

19  alternative requirements to those requirements which are

20  required under the minimum firesafety standards on a

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

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

23  the alternative requirements result in a level of protection

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

25  applicable minimum firesafety standards. For the purpose of

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

27  or structure is listed on the National Register of Historic

28  Places of the United States Department of the Interior.

29         (a)  The local governing body shall determine,

30  following a public hearing which has been advertised in a

31  newspaper of general circulation at least 10 days before the


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                                     HB 1723, Second Engrossed/ntc



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

  2  the minimum firesafety code adopted by such governing body.

  3  The determination must be based upon a review of local

  4  conditions by the local governing body, which review

  5  demonstrates that local conditions justify more stringent

  6  requirements than those specified in the minimum firesafety

  7  code for the protection of life and property or justify

  8  requirements that meet special situations arising from

  9  historic, geographic, or unusual conditions.

10         (b)  Such additional requirements shall not be

11  discriminatory as to materials, products, or construction

12  techniques of demonstrated capabilities.

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

14  enforcing agency's adoption of requirements more stringent

15  than those specified in the Florida Fire Prevention Code and

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

17  construction standards. Upon request, the enforcing agency

18  shall provide a person making application for a building

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

20  regulation responsibilities, a listing of all such

21  requirements and codes.

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

23  minimum firesafety code must provide a procedure by which the

24  validity of such amendments may be challenged by any

25  substantially affected party to test the amendment's

26  compliance with the provisions of this section.

27         1.  Unless the local government agrees to stay

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

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

30  challenge within 45 days.

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                                     HB 1723, Second Engrossed/ntc



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

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

  3  be presumed to be valid or invalid.

  4

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

  6  Marshal Department of Insurance, the local government's

  7  resolution of the challenge, and the department shall

  8  determine if the amendment complies with this section. Actions

  9  of the State Fire Marshal department are subject to judicial

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

11  department shall consider reports of the Florida Building

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

13  evaluating building code enforcement.

14         (8)  Electrically Battery operated single station smoke

15  detectors required shall be considered as an approved

16  detection device for residential buildings shall not be

17  required to be interconnected within individual living units

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

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

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

21  manual or automatic fire alarm system.

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

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

24  dwellings.  However, fire sprinkler protection may be

25  permitted by local government in lieu of other fire

26  protection-related development requirements for in such

27  structures.

28         Section 25.  The Florida Building Commission shall

29  conduct research regarding private sector assistance with the

30  plans review and inspection functions of local government

31  building departments.  Such study shall include:


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                                     HB 1723, Second Engrossed/ntc



  1         (1)  Survey of the extent to which building departments

  2  comply or fail to comply with the provisions of s. 553.79(14),

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

  4  reasons, if any, for compliance or noncompliance. The survey

  5  shall consider regional and other significant patterns

  6  affecting the building permit issuance process;

  7         (2)  Inventory of local jurisdictions which have

  8  exercised the current statutory option, pursuant to section

  9  468.617, Florida Statutes, to use private inspectors;

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

11  regards to the impacts of privatization, including fiscal,

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

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

14  privatizing building department plans review and inspection

15  functions.

16

17  The Florida Building Commission shall analyze and evaluate the

18  advantages and disadvantages of privatizing plans review and

19  inspection functions and recommend whether privatization

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

21  circumstances and in what manner such privatization should be

22  implemented.  Staff from the Legislative Committee on

23  Intergovernmental Relations shall provide technical assistance

24  to the Florida Building Commission regarding paragraphs

25  (1)-(4) of this section.  The Commission shall present a

26  report and recommendations to the Legislature by January 15,

27  2000.

28         Section 26.  Section 68 of chapter 98-287, Laws of

29  Florida, is amended to read:

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

31  resolution of an administrative challenge to the rule adopted


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                                     HB 1723, Second Engrossed/ntc



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

  2  adopting the Florida Building Code approval by the Legislature

  3  of the adoption of the Florida Building Code by the Florida

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

  5  Florida Statutes, consisting of sections 553.01, 553.02,

  6  553.03, 553.04, 553.041, 553.05, 553.06, 553.07, 553.08,

  7  553.10, 553.11, 553.14, 553.15, 553.16, 553.17, 553.18,

  8  553.19, 553.20, 553.21, 553.22, 553.23, 553.24, 553.25,

  9  553.26, 553.27, and 553.28, Florida Statutes, are repealed and

10  section 553.141, Florida Statutes, is transferred and

11  renumbered as section 553.86, Florida Statutes.

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

13  Statutes, 1998 Supplement, is amended as follows:

14         553.841  Building code training program; participant

15  competency requirements.--

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

17  administered by the commission in consultation with the

18  Department of Education, the Department of Community Affairs,

19  the Department of Business and Professional Regulation, the

20  State Fire Marshal, the State University System, and the

21  Division of Community Colleges.

22         Section 28.  The select committee to investigate and

23  establish performance-based criteria for the cost effective

24  application of fire codes and fire code alternatives for

25  educational facilities established by chapter 98-287, Laws of

26  Florida, is hereby authorized to continue its investigation.

27  Committee appointment authority established by chapter 98-287,

28  Laws of Florida, shall continue should any position on the

29  select committee become vacant. Members of the committee shall

30  serve at their own expense except that state employees shall

31  be reimbursed for travel costs incurred from existing budgets.


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                                     HB 1723, Second Engrossed/ntc



  1  There is hereby allocated $80,000 to the State Fire Marshall

  2  from the Insurance Commissioner's Regulatory Trust Fund for

  3  the purposes of providing training and education on the

  4  application of the performance-based fire safety standards for

  5  educational facilities to those impacted by its use. The State

  6  Fire Marshall's office shall cause the performance-based bode

  7  for educational facilities to be reviewed for inclusion in the

  8  Florida Fire Prevention Code as an acceptable alternative for

  9  code compliance.

10         Section 29.  Subsection (3) of section 471.017, Florida

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

12  489.513, Florida Statutes, 1998 Supplement, are repealed.

13         Section 30.  Except as otherwise provided herein, this

14  act shall take effect upon becoming a law.

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