HOUSE AMENDMENT
                                               Bill No. CS/HB 1255
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Diaz-Balart offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Effective upon this act becoming a law,
18  section 235.061, Florida Statutes, is amended to read:
19         235.061  Standards for relocatables used as classroom
20  space; inspections.--
21         (1)  The Commissioner of Education shall adopt rules
22  establishing standards for relocatables intended for long-term
23  use as classroom space at a public elementary school, middle
24  school, or high school. "Long-term use" means the use of
25  relocatables at the same educational plant for a period of 4
26  years or more. These rules must be implemented by July 1,
27  1998, and each relocatable acquired by a district school board
28  after the effective date of the rules and intended for
29  long-term use must comply with the standards. The rules shall
30  require that, by January 1, 2002 July 1, 2001, relocatables
31  that fail to meet the standards may not be used as classrooms.
                                  1
    File original & 9 copies    04/27/01                          
    hca0002                     08:45 am         01255-0112-254301

HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 The standards shall protect the health, safety, and welfare of 2 occupants by requiring compliance with the Uniform Building 3 Code for Public Educational Facilities or other locally 4 adopted state minimum building codes to ensure the safety and 5 stability of construction and onsite installation; fire and 6 moisture protection; air quality and ventilation; appropriate 7 wind resistance; and compliance with the requirements of the 8 Americans with Disabilities Act of 1990. If appropriate, the 9 standards must also require relocatables to provide access to 10 the same technologies available to similar classrooms within 11 the main school facility and, if appropriate, to be accessible 12 by adequate covered walkways. By July 1, 2000, the 13 commissioner shall adopt standards for all relocatables 14 intended for long-term use as classrooms. A relocatable that 15 is subject to this section and does not meet the standards 16 shall not be reported as providing satisfactory student 17 stations in the Florida Inventory of School Houses. 18 (2) Annual inspections for all satisfactory 19 relocatables designed for classroom use or being occupied by 20 students are required for: foundations; tie-downs; structural 21 integrity; weatherproofing; HVAC; electrical; plumbing, if 22 applicable; firesafety; and accessibility. Reports shall be 23 filed with the district school board and posted in each 24 respective relocatable in order to facilitate corrective 25 action. 26 Section 2. Effective upon this act becoming a law, 27 subsection (1) of section 235.212, Florida Statutes, is 28 amended to read: 29 235.212 Low-energy use design; solar energy systems; 30 swimming pool heaters.-- 31 (1)(a) Passive design elements and low-energy usage 2 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 features shall be included in the design and construction of 2 new educational facilities. Operable glazing consisting of at 3 least 5 percent of the floor area shall be placed in each 4 classroom located on the perimeter of the building. For 5 relocatable classroom facilities, the area of operable glazing 6 and the area of exterior doors together shall consist of at 7 least 5 percent of the floor area. Operable glazing is not 8 required in community colleges, auxiliary facilities, music 9 rooms, gyms, locker and shower rooms, special laboratories 10 requiring special climate control, and large group instruction 11 areas having a capacity of more than 100 persons. 12 (b) In the remodeling and renovation of educational 13 facilities which have existing natural ventilation, adequate 14 sources of natural ventilation shall be retained, or a 15 combination of natural and low-energy usage mechanical 16 equipment shall be provided that will permit the use of the 17 facility without air-conditioning or heat when ambient 18 conditions are moderate. However, the Commissioner of 19 Education is authorized to waive this requirement when 20 environmental conditions, particularly noise and pollution 21 factors, preclude the effective use of natural ventilation. 22 Section 3. Effective July 1, 2001, subsection (1) of 23 section 255.31, Florida Statutes, as amended by section 15 of 24 chapter 2001-141, Laws of Florida, is amended to read: 25 255.31 Authority to the Department of Management 26 Services to manage construction projects for state and local 27 governments.-- 28 (1) The design, construction, erection, alteration, 29 modification, repair, and demolition of all public and private 30 buildings are governed by the Florida Building Code and the 31 Florida Fire Prevention Code, which are to be enforced by 3 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 local jurisdictions or local enforcement districts unless 2 specifically exempted as provided in s. 553.80. However, the 3 Department of Management Services shall provide the project 4 management and administration services for the construction, 5 renovation, repair, modification, or demolition of buildings, 6 utilities, parks, parking lots, or other facilities or 7 improvements for projects for which the funds are appropriated 8 to the department; provided that, with the exception of 9 facilities constructed under the authority of chapters 944, 10 945, and 985, the Governor's mansion and grounds thereof as 11 described in s. 272.18, and the Capitol Building and environs, 12 being that part of the city of Tallahassee bounded on the 13 north by Pensacola and Jefferson Streets, on the east by 14 Monroe Street, on the south by Madison Street and on the west 15 by Duval Street, the department may not conduct plans reviews 16 or inspection services for consistency with the Florida 17 Building Code. The department's fees for such services shall 18 be paid from such appropriations. 19 Section 4. Effective upon this act becoming a law, 20 subsections (1) and (2) of section 399.061, Florida Statutes, 21 are amended to read: 22 399.061 Inspections; correction of deficiencies.-- 23 (1)(a) All elevators or other conveyances subject to 24 this chapter must be annually inspected by a certified 25 elevator inspector through a third-party inspection service, 26 or by a municipality or county under contract with the 27 division pursuant to s. 399.13. If the elevator or other 28 conveyance is by a third-party inspection service certified 29 as a qualified elevator inspector or maintained pursuant to a 30 service maintenance contract continuously in force, it shall 31 be inspected at least once every two years by a certified 4 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 elevator inspector not employed by or otherwise associated 2 with the maintenance company; however, if the elevator is not 3 an escalator or a dumbwaiter and the elevator serves only two 4 adjacent floors and is covered by a service maintenance 5 contract, no inspection shall be required so long as the 6 service contract remains in effect. A statement verifying the 7 existence, performance, and cancellation of each service 8 maintenance contract must be filed annually with the division 9 as prescribed by rule. All elevators covered by a service 10 maintenance contract shall be inspected by a 11 certificate-of-competency holder at least once every 2 years; 12 however, if the elevator is not an escalator or a dumbwaiter 13 and the elevator serves only two adjacent floors and is 14 covered by a service maintenance contract, no inspection shall 15 be required so long as the service contract remains in effect. 16 (b) The division may inspect an elevator whenever 17 necessary to ensure its safe operation or when a third-party 18 inspection service is not available for routine inspection. 19 (2) The division may shall employ state elevator 20 inspectors to conduct the inspections as required by 21 subsection (1) and may charge an inspection fee for each 22 inspection sufficient to cover the costs of that inspection, 23 as provided by rule. Each state elevator inspector shall hold 24 a certificate of competency issued by the division. 25 Section 5. Subsection (10) is added to section 26 373.323, Florida Statutes, to read: 27 373.323 Licensure of water well contractors; 28 application, qualifications, and examinations; equipment 29 identification.-- 30 (10) Water well contractors licensed under this 31 section may install, repair, and modify pumps and tanks in 5 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 accordance with the Florida Building Code, Plumbing; Section 2 612--Wells pumps and tanks used for private potable water 3 systems. In addition, licensed water well contractors may 4 install pumps, tanks, and water conditioning equipment for all 5 water well systems. 6 Section 6. Effective upon this act becoming a law, 7 section 489.13, Florida Statutes, is amended to read: 8 489.13 Unlicensed contracting; authority to issue or 9 receive a building permit.-- 10 (1) Any person performing an activity requiring 11 licensure under this part as a construction contractor is 12 guilty of unlicensed contracting if he or she does not hold a 13 valid active certificate or registration authorizing him or 14 her to perform such activity, regardless of whether he or she 15 holds a local construction contractor license or local 16 certificate of competency, except where he or she holds a 17 valid local specialty license as defined in s. 489.105(3)q). 18 Persons working outside the geographical scope of their 19 registration are guilty of unlicensed activity for purposes of 20 this part. 21 (2) A local building department shall not issue a 22 building permit to any contractor, or to any person 23 representing himself or herself as a contractor, who does not 24 hold a valid active certificate or registration in the 25 appropriate category. Possession of a local certificate of 26 competency or local construction license is not sufficient to 27 lawfully obtain a building permit as a construction contractor 28 if the activity in question requires licensure under this 29 part. Nothing in this section shall be construed as 30 prohibiting a local building department from issuing a 31 building permit to a locally licensed or certified contractor 6 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 for an activity that does not require licensure under this 2 part. 3 Section 7. Effective upon this act becoming a law, 4 subsection (3) of section 489.509, Florida Statutes, is 5 amended to read: 6 489.509 Fees.-- 7 (3) Four dollars of each fee under subsection (1) paid 8 to the department at the time of application or renewal shall 9 be transferred at the end of each licensing period to the 10 Department of Community Affairs Education to fund projects 11 relating to the building construction industry or continuing 12 education programs offered to persons engaged in the building 13 construction industry in Florida. The board shall, at the time 14 the funds are transferred, advise the Department of Community 15 Affairs Education on the most needed areas of research or 16 continuing education based on significant changes in the 17 industry's practices or on the most common types of consumer 18 complaints or on problems costing the state or local 19 governmental entities substantial waste. The board's advice is 20 not binding on the Department of Community Affairs Education. 21 The Department of Education must allocate 50 percent of the 22 funds to a graduate program in building construction in a 23 Florida university and 50 percent of the funds to all 24 accredited private and state universities and community 25 colleges within the state offering approved courses in 26 building construction, with each university or college 27 receiving a pro rata share of such funds based upon the number 28 of full-time building construction students enrolled at the 29 institution. The Department of Community Affairs Education 30 shall ensure the distribution of research reports and the 31 availability of continuing education programs to all segments 7 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 of the building construction industry to which they relate. 2 The Department of Community Affairs Education shall report to 3 the board in October of each year, summarizing the allocation 4 of the funds by institution and summarizing the new projects 5 funded and the status of previously funded projects. The 6 Commissioner of Education is directed to appoint one 7 electrical contractor and one certified alarm system 8 contractor to the Building Construction Industry Advisory 9 Committee. 10 Section 8. Effective upon this act becoming a law, 11 present subsections (7) through (15) of section 553.36, 12 Florida Statutes, are redesignated as subsections (8) through 13 (16), respectively, and a new subsection (7) is added to that 14 section, to read: 15 553.36 Definitions.--The definitions contained in this 16 section govern the construction of this part unless the 17 context otherwise requires. 18 (7) "Factory-built school shelter" means any 19 site-assembled or factory-built school building that is 20 designed to be portable, relocatable, demountable, or 21 reconstructible and that complies with the provisions for 22 enhanced hurricane protection areas, as required by the 23 applicable code. 24 Section 9. Effective upon this act becoming a law, 25 subsections (1), (5), (7), (8), (9), (11) and (13) of section 26 553.415, Florida Statutes, are amended to read: 27 553.415 Factory-built school buildings.-- 28 (1) It is the purpose of this section to provide an 29 alternative procedure for the construction and installation of 30 factory-built school buildings designed or intended for use as 31 school buildings. As used in this section, the term 8 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 "factory-built school building" means any building designed or 2 intended for use as a school building, which is in whole or in 3 part, manufactured at an offsite facility in compliance with 4 the State Uniform Code for Public Educational Facilities and 5 Department of Education rule, effective on January 5, 2000. 6 After January 1, 2002 July 1, 2001, the Uniform Code for 7 Public Educational Facilities shall be incorporated into the 8 Florida Building Code, including specific requirements for 9 Public Educational Facilities and the Department of Education 10 rule, effective on January 5, 2000. For the purpose of this 11 section, factory-built school buildings include prefabricated 12 educational facilities, factory-built educational facilities, 13 and modular-built educational facilities, that are designed to 14 be portable, relocatable, demountable, or reconstructible; are 15 used primarily as classrooms or the components of an entire 16 school; and do not fall under the provisions of ss. 17 320.822-320.862. 18 (5) The department, in accordance with the standards 19 and procedures adopted pursuant to this section and as such 20 standards and procedures may thereafter be modified, shall 21 approve or reject such plans, specifications, and methods of 22 construction. Approval shall not be given unless such plans, 23 specifications, and methods of construction are in compliance 24 with the State Uniform Building Code for Public Educational 25 Facilities and department rule. After January 1, 2002 July 1, 26 2001, the Uniform Code for Public Educational facilities shall 27 be incorporated into the Florida Building Code, including 28 specific requirements for public educational facilities and 29 department rule. 30 (7) A standard plan approval may be obtained from the 31 department for factory-built school buildings and such 9 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 department-approved plans shall be accepted by the enforcement 2 agency as approved for the purpose of obtaining a construction 3 permit for the structure itself. The department, or its 4 designated representative, shall determine if the plans 5 qualify for purposes of a factory-built school shelter, as 6 defined in s. 553.36. 7 (8) Any amendment to the State Uniform Code for Public 8 Educational Facilities, and after January 1, 2002 July 1, 9 2001, the Florida Building Code, shall become effective 180 10 days after the amendment is filed with the Secretary of State. 11 Notwithstanding the 180-day delayed effective date, the 12 manufacturer shall submit and obtain a revised approved plan 13 within the 180 days. A revised plan submitted pursuant to 14 this subsection shall be processed as a renewal or revision 15 with appropriate fees. A plan submitted after the period of 16 time provided shall be processed as a new application with 17 appropriate fees. 18 (9) The school district or community college district 19 for which any factory-built school building is constructed or 20 altered after July 1, 2001, shall provide for periodic 21 inspection of the proposed factory-built school building 22 during each phase of construction or alteration. The inspector 23 shall act under the direction of the governing board for 24 employment purposes. Nothing in this subsection shall prevent 25 a school district or community college district from 26 purchasing or otherwise using a factory-built school building 27 that has been inspected during all phases of construction or 28 alteration conducted after January 1, 2002, by another school 29 district or community college or by an approved inspection 30 agency certified pursuant to s. 553.36(2). If a factory-built 31 school building is constructed or altered for an entity other 10 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 than a school district or community college district after 2 January 1, 2002, such entity may employ at its election a 3 school district, community college district, or such approved 4 inspection agency to conduct such inspections. A school 5 district or community college district so employed may charge 6 such entity for services at reasonable rates comparable to 7 those charged for similar services by approved inspection 8 agencies. 9 (11) The department shall develop a unique 10 identification label to be affixed to all newly constructed 11 factory-built school buildings and existing factory-built 12 school buildings which have been brought into compliance with 13 the standards for existing "satisfactory" buildings pursuant 14 to chapter 5 of the Uniform Code for Public Educational 15 Facilities, and after January 1, 2002 July 1, 2001, the 16 Florida Building Code. The department may charge a fee for 17 issuing such labels. Such labels, bearing the department's 18 name and state seal, shall at a minimum, contain: 19 (a) The name of the manufacturer. 20 (b) The standard plan approval number or alteration 21 number. 22 (c) The date of manufacture or alteration. 23 (d) The serial or other identification number. 24 (e) The following designed-for loads: lbs. per square 25 foot live load; lbs. per square foot floor live load; lbs. per 26 square foot horizontal wind load; and lbs. per square foot 27 wind uplift load. 28 (f) The designed-for flood zone usage. 29 (g) The designed-for wind zone usage. 30 (h) The designed-for enhanced hurricane protection 31 zone usage: yes or no. 11 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 (13) As of July 1, 2001, all existing and newly 2 constructed factory-built school buildings shall bear a label 3 pursuant to subsection (12). As of January 1, 2002, existing 4 factory-built school buildings, and manufactured buildings 5 used as classrooms, not bearing such label shall not be used 6 as classrooms pursuant to s. 235.061. 7 Section 10. Effective July 1, 2001, section 553.505, 8 Florida Statutes, is amended to read: 9 553.505 Exceptions to applicability of the Americans 10 with Disabilities Act.--Notwithstanding the Americans with 11 Disabilities Act of 1990, private clubs are governed by ss. 12 553.501-553.513. Parking spaces, parking lots, and other 13 parking facilities are governed by s. 553.5041 s. 316.1955, 14 when that section provides increased accessibility. 15 Section 11. Effective July 1, 2001, section 553.507, 16 Florida Statutes, is amended to read: 17 553.507 Exemptions.--Sections 553.501-553.513 and s. 18 316.1955(4) do not apply to any of the following: 19 (1) Buildings, structures, or facilities that were 20 either under construction or under contract for construction 21 on October 1, 1997. 22 (2) Buildings, structures, or facilities that were in 23 existence on October 1, 1997, unless: 24 (a) The building, structure, or facility is being 25 converted from residential to nonresidential or mixed use, as 26 defined by local law; 27 (b) The proposed alteration or renovation of the 28 building, structure, or facility will affect usability or 29 accessibility to a degree that invokes the requirements of s. 30 303(a) of the Americans with Disabilities Act of 1990; or 31 (c) The original construction or any former alteration 12 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 or renovation of the building, structure, or facility was 2 carried out in violation of applicable permitting law. 3 Section 12. Subsections (2) and (3), paragraph (b) of 4 subsection (4) and subsections (5), (6), and (7) of section 5 553.73, Florida Statutes, as amended by section 40 of chapter 6 98-287, Laws of Florida, as amended by section 61 of chapter 7 98-419, Laws of Florida, as amended by sections 73, 74, and 75 8 of chapter 2000-141, Laws of Florida, and section 62 of 9 chapter 2000-154, Laws of Florida, are amended, and present 10 subsections (8), (9), and (10) of that section are 11 redesignated as subsections (9), (10), and (11), respectively, 12 to read: 13 553.73 State Minimum Building Codes.-- 14 (2) The Florida Building Code shall contain provisions 15 or requirements for public and private buildings, structures, 16 and facilities relative to structural, mechanical, electrical, 17 plumbing, energy, and gas systems, existing buildings, 18 historical buildings, manufactured buildings, elevators, 19 coastal construction, lodging facilities, food sales and food 20 service facilities, health care facilities, including assisted 21 living facilities, adult day care facilities, and facilities 22 for the control of radiation hazards, public or private 23 educational facilities, swimming pools, and correctional 24 facilities and enforcement of and compliance with such 25 provisions or requirements. Further, the Florida Building Code 26 must provide for uniform implementation of ss. 515.25, 515.27, 27 and 515.29 by including standards and criteria for residential 28 swimming pool barriers, pool covers, latching devices, door 29 and window exit alarms, and other equipment required therein, 30 which are consistent with the intent of s. 515.23. Technical 31 provisions to be contained within the Florida Building Code 13 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 are restricted to requirements related to the types of 2 materials used and construction methods and standards employed 3 in order to meet criteria specified in the Florida Building 4 Code. Provisions relating to the personnel, supervision or 5 training of personnel, or any other professional qualification 6 requirements relating to contractors or their workforce may 7 not be included within the Florida Building Code, and 8 subsections (4), (5), and (6) are not to be construed to allow 9 the inclusion of such provisions within the Florida Building 10 Code by amendment. This restriction applies to both initial 11 development and amendment of the Florida Building Code. 12 (3) The commission shall select from available 13 national or international model building codes, or other 14 available building codes and standards currently recognized by 15 the laws of this state, to form the foundation for the Florida 16 Building Code. The commission may modify the selected model 17 codes and standards as needed to accommodate the specific 18 needs of this state. Standards or criteria referenced by the 19 selected model codes shall be similarly incorporated by 20 reference. If a referenced standard or criterion requires 21 amplification or modification to be appropriate for use in 22 this state, only the amplification or modification shall be 23 specifically set forth in the Florida Building Code. The 24 Florida Building Commission may approve technical amendments 25 to the code after the amendments have been subject to the 26 following conditions: 27 (a) The proposed amendment has been published on the 28 commission's website for a minimum of 45 days and all the 29 associated documentation has been made available to any 30 interested party before any consideration by any Technical 31 Advisory Committee; 14 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 (b) In order for a Technical Advisory Committee to 2 make a favorable recommendation to the commission, the 3 proposal must receive a three-fourths vote of the members 4 present at the Technical Advisory Committee meeting and at 5 least half of the regular members must be present in order to 6 conduct a meeting; 7 (c) After Technical Advisory Committee consideration 8 and a recommendation for approval of any proposed amendment, 9 the proposal must be published on the commission's website for 10 not less than 45 days before any consideration by the 11 commission; and 12 (d) Any proposal may be modified by the commission 13 based on public testimony and evidence from a public hearing 14 held in accordance with chapter 120. 15 16 The commission shall incorporate within sections of the 17 Florida Building Code provisions which address regional and 18 local concerns and variations. The commission shall make every 19 effort to minimize conflicts between the Florida Building 20 Code, the Florida Fire Prevention Code, and the Life Safety 21 Code. 22 (4) 23 (b) Local governments may, subject to the limitations 24 of this section, adopt amendments to the technical provisions 25 of the Florida Building Code which apply solely within the 26 jurisdiction of such government and which provide for more 27 stringent requirements than those specified in the Florida 28 Building Code, not more than once every 6 months, provided: 29 1. The local governing body determines, following a 30 public hearing which has been advertised in a newspaper of 31 general circulation at least 10 days before the hearing, that 15 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 there is a need to strengthen the requirements of the Florida 2 Building Code. The determination must be based upon a review 3 of local conditions by the local governing body, which review 4 demonstrates that local conditions justify more stringent 5 requirements than those specified in the Florida Building Code 6 for the protection of life and property. 7 2. Such additional requirements are not discriminatory 8 against materials, products, or construction techniques of 9 demonstrated capabilities. 10 3. Such additional requirements may not introduce a 11 new subject not addressed in the Florida Building Code. 12 4. The enforcing agency shall make readily available, 13 in a usable format, all amendments adopted pursuant to this 14 section. 15 5. Any amendment to the Florida Building Code shall be 16 transmitted within 30 days by the adopting local government to 17 the commission. The commission shall maintain copies of all 18 such amendments in a format that is usable and obtainable by 19 the public. 20 6. Any amendment to the Florida Building Code adopted 21 by a local government pursuant to this paragraph shall be 22 effective only until the adoption by the commission of the new 23 edition of the Florida Building Code every third year. At 24 such time, the commission shall review such amendment for 25 consistency with the criteria in paragraph (6)(a) and adopt 26 such amendment as part of the Florida Building Code or rescind 27 the amendment. The commission shall immediately notify the 28 respective local government of the rescission of any 29 amendment. After receiving such notice, the respective local 30 government may readopt the rescinded amendment pursuant to the 31 provisions of this paragraph. 16 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 7. Each county and municipality desiring to make local 2 technical amendments to the Florida Building Code shall by 3 interlocal agreement establish a countywide compliance review 4 board to review any amendment to the Florida Building Code, 5 adopted by a local government within the county pursuant to 6 this paragraph, that is challenged by any substantially 7 affected party for purposes of determining the amendment's 8 compliance with this paragraph. If the compliance review board 9 determines such amendment is not in compliance with this 10 paragraph, the compliance review board shall notify such local 11 government of the noncompliance and that the amendment is 12 invalid and unenforceable until the local government corrects 13 the amendment to bring it into compliance. The local 14 government may appeal the decision of the compliance review 15 board to the commission, which shall conduct a hearing under 16 chapter 120 and the uniform rules of procedure. If the 17 compliance review board determines such amendment to be in 18 compliance with this paragraph, any substantially affected 19 party may appeal such determination to the commission, which 20 shall conduct a hearing under chapter 120 and the uniform 21 rules of procedure. Actions of the commission are subject to 22 judicial review pursuant to s. 120.68. The compliance review 23 board shall determine whether its decisions apply to a 24 respective local jurisdiction or apply countywide. 25 8. An amendment adopted under this paragraph shall 26 include a fiscal impact statement which documents the costs 27 and benefits of the proposed amendment. Criteria for the 28 fiscal impact statement shall include the impact to local 29 government relative to enforcement, the impact to property and 30 building owners, as well as to industry, relative to the cost 31 of compliance. The fiscal impact statement may not be used as 17 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 a basis for challenging the amendment for compliance. 2 9. In addition to subparagraphs 7. and 8., the 3 commission may review any amendments adopted pursuant to this 4 subsection and make nonbinding recommendations related to 5 compliance of such amendments with this subsection. 6 (5) The commission, by rule adopted pursuant to ss. 7 120.536(1) and 120.54, shall update the Florida Building Code 8 every 3 years. The initial adoption of, and any subsequent 9 update or amendment to, the Florida Building Code by the 10 commission is deemed adopted for use statewide without 11 adoptions by local government. For a building permit for which 12 an application is submitted prior to the effective date of the 13 Florida Building Code, the state minimum building code in 14 effect in the permitting jurisdiction on the date of the 15 application governs the permitted work for the life of the 16 permit and any extension granted to the permit. 17 (6) The commission, by rule adopted pursuant to ss. 18 120.536(1) and 120.54, shall update the Florida Building Code 19 every 3 years. When updating the Florida Building Code, the 20 commission shall consider changes made by the adopting entity 21 of any selected model code for any model code incorporated 22 into the Florida Building Code, and may subsequently adopt the 23 new edition or successor of the model code or any part of such 24 code, no sooner than 6 months after such model code has been 25 adopted by the adopting organization, which may then be 26 modified for this state as provided in this section, and shall 27 further consider the commission's own interpretations, 28 declaratory statements, appellate decisions, and approved 29 statewide and local technical amendments. A change made by an 30 institute or standards organization to any standard or 31 criterion that is adopted by reference in the Florida Building 18 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 Code does not become effective statewide until it has been 2 adopted by the commission. Furthermore, the edition of the 3 Florida Building Code which is in effect on the date of 4 application for of any permit authorized by the code governs 5 the permitted work for the life of the permit and any 6 extension granted to the permit. Any amendment to the Florida 7 Building Code which is adopted upon a finding by the 8 commission that the amendment is necessary to protect the 9 public from immediate threat of harm takes effect immediately. 10 (7)(6)(a) The commission may approve technical 11 amendments to the Florida Building Code once each year for 12 statewide or regional application upon a finding that the 13 amendment: 14 1. Has a reasonable and substantial connection with 15 the health, safety, and welfare of the general public. 16 2. Strengthens or improves the Florida Building Code, 17 or in the case of innovation or new technology, will provide 18 equivalent or better products or methods or systems of 19 construction. 20 3. Does not discriminate against materials, products, 21 methods, or systems of construction of demonstrated 22 capabilities. 23 4. Does not degrade the effectiveness of the Florida 24 Building Code. 25 26 Furthermore, the Florida Building Commission may approve 27 technical amendments to the code once each year to incorporate 28 into the Florida Building Code its own interpretations of the 29 code which are embodied in its opinions and declaratory 30 statements. Amendments approved under this paragraph shall be 31 adopted by rule pursuant to ss. 120.536(1) and 120.54, after 19 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 the amendments have been subjected to the provisions of 2 subsection (3). 3 (b) A proposed amendment shall include a fiscal impact 4 statement which documents the costs and benefits of the 5 proposed amendment. Criteria for the fiscal impact statement 6 shall be established by rule by the commission and shall 7 include the impact to local government relative to 8 enforcement, the impact to property and building owners, as 9 well as to industry, relative to the cost of compliance. 10 (c) The commission may not approve any proposed 11 amendment that does not accurately and completely address all 12 requirements for amendment which are set forth in this 13 section. 14 (8)(7) The following buildings, structures, and 15 facilities are exempt from the Florida Building Code as 16 provided by law, and any further exemptions shall be as 17 determined by the Legislature and provided by law: 18 (a) Buildings and structures specifically regulated 19 and preempted by the Federal Government. 20 (b) Railroads and ancillary facilities associated with 21 the railroad. 22 (c) Nonresidential farm buildings on farms. 23 (d) Temporary buildings or sheds used exclusively for 24 construction purposes. 25 (e) Mobile homes used as temporary offices, except 26 that the provisions of part V relating to accessibility by 27 persons with disabilities shall apply to such mobile homes. 28 (f) Those structures or facilities of electric 29 utilities, as defined in s. 366.02, which are directly 30 involved in the generation, transmission, or distribution of 31 electricity. 20 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 (g) Temporary sets, assemblies, or structures used in 2 commercial motion picture or television production, or any 3 sound-recording equipment used in such production, on or off 4 the premises. 5 (h) Storage sheds that are not designed for human 6 habitation and that have a floor area of 720 square feet or 7 less are not required to comply with the mandatory 8 wind-borne-debris-impact standards of the Florida Building 9 Code. 10 (i) Chickees constructed by the Miccosukee Tribe of 11 Indians of Florida or the Seminole Tribe of Florida. For 12 purposes of this paragraph, a "chickee" means an open-sided 13 wooden hut with a thatched roof of palm or palmetto or other 14 traditional materials, not incorporating any electrical, 15 plumbing or other nonwood features. 16 17 With the exception of paragraphs (a), (b), (c), and (f), in 18 order to preserve the health, safety, and welfare of the 19 public, the Florida Building Commission may, by rule adopted 20 pursuant to chapter 120, provide for exceptions to the broad 21 categories of buildings exempted in this section, including 22 exceptions for application of specific sections of the code or 23 standards adopted therein. The Department of Agriculture and 24 Consumer Services shall have exclusive authority to adopt by 25 rule, pursuant to chapter 120, exceptions to nonresidential 26 farm buildings exempted in paragraph (c) when reasonably 27 necessary to preserve public health, safety, and welfare. The 28 exceptions must be based upon specific criteria, such as 29 under-roof floor area, aggregate electrical service capacity, 30 HVAC system capacity, or other building requirements. Further, 31 the commission may recommend to the Legislature additional 21 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 categories of buildings, structures, or facilities which 2 should be exempted from the Florida Building Code, to be 3 provided by law. 4 Section 13. Paragraphs (e) and (h) of subsection (1) 5 and subsections (2) and (6) of section 553.77, Florida 6 Statutes, as amended by section 46 of chapter 98-287, Laws of 7 Florida, as amended by section 78 of chapter 2000-141, Laws of 8 Florida, as amended by section 79 of chapter 2000-141, Laws of 9 Florida, are amended, and subsection (7) is added to that 10 section, to read: 11 553.77 Specific powers of the commission.-- 12 (1) The commission shall: 13 (e) When requested in writing by any substantially 14 affected person, state agency, or a local enforcing agency, 15 shall issue declaratory statements pursuant to s. 120.565 16 relating to this part and ss. 515.25, 515.27, 515.29, and 17 515.37. Actions of the commission are subject to judicial 18 review pursuant to s. 120.68. 19 (h) Hear appeals of the decisions of local boards of 20 appeal regarding interpretation decisions of local building 21 officials, or if no local board exists, hear appeals of 22 decisions of the building officials regarding interpretations 23 of the code. For such appeals: 24 1. Local decisions declaring structures to be unsafe 25 and subject to repair or demolition shall not be appealable to 26 the commission if the local governing body finds there is an 27 immediate danger to the health and safety of its citizens. 28 2. All appeals shall be heard in the county of the 29 jurisdiction defending the appeal. 30 3. Hearings shall be conducted pursuant to chapter 120 31 and the uniform rules of procedure, and decisions Actions of 22 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 the commission are subject to judicial review pursuant to s. 2 120.68. 3 (2) With respect to the qualification program for 4 special inspectors of threshold buildings as required by s. 5 553.79(5)(c), the commission may prescribe initial and annual 6 renewal fees for certification, by rule, in accordance with 7 chapter 120. 8 (6) The commission may provide by rule for plans 9 review and approval of prototype buildings owned by public and 10 private entities to be replicated throughout the state. The 11 rule must allow for review and approval of plans for prototype 12 buildings to be performed by a public or private entity with 13 oversight by the commission. The department may charge 14 reasonable fees to cover the administrative costs of the 15 program. Such approved plans or prototype buildings shall be 16 exempt from further review required by s. 553.79(2), except 17 changes to the prototype design, site plans, and other 18 site-related items. As provided in s. 553.73, prototype 19 buildings are exempt from, or any locally adopted local 20 amendment to any part of the Florida Building Code. 21 Construction or erection of such prototype buildings is 22 subject to local permitting and inspections pursuant to this 23 part. 24 (7) The commission may produce and distribute a 25 commentary document to accompany the Florida Building Code. 26 The commentary must be limited in effect to providing 27 technical assistance and must not have the effect of binding 28 interpretations of the code document itself. 29 Section 14. Subsections (2) and (6) of section 553.79, 30 Florida Statutes, as amended by section 49 of chapter 98-287, 31 Laws of Florida, as amended by sections 83 and 84 of chapter 23 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 2000-141, Laws of Florida, are amended to read: 2 553.79 Permits; applications; issuance; inspections.-- 3 (2) Except as provided in subsection (6), an No 4 enforcing agency may not issue any permit for construction, 5 erection, alteration, modification, repair, or demolition of 6 any building or structure until the local building code 7 administrator or inspector has reviewed the plans and 8 specifications required by the Florida Building Code, or local 9 amendment thereto, for such proposal and found the plans to be 10 in compliance with the Florida Building Code. In addition, an 11 enforcing agency may not issue any permit for construction, 12 erection, alteration, modification, repair, or demolition of 13 any building until the appropriate firesafety inspector 14 certified pursuant to s. 633.081 has reviewed the plans and 15 specifications required by the Florida Building Code, or local 16 amendment thereto, for such proposal and found that the plans 17 comply with the Florida Fire Prevention Code and the Life 18 Safety Code. Any building or structure which is not subject to 19 a firesafety code shall not be required to have its plans 20 reviewed by the firesafety inspector. Any building or 21 structure that is exempt from the local building permit 22 process may not be required to have its plans reviewed by the 23 local building code administrator. Industrial construction on 24 sites where design, construction, and firesafety are 25 supervised by appropriate design and inspection professionals 26 and which contain adequate in-house fire departments and 27 rescue squads is exempt, subject to local government option, 28 from review of plans and inspections, providing owners certify 29 that applicable codes and standards have been met and supply 30 appropriate approved drawings to local building and firesafety 31 inspectors. The enforcing agency shall issue a permit to 24 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 construct, erect, alter, modify, repair, or demolish any 2 building or structure when the plans and specifications for 3 such proposal comply with the provisions of the Florida 4 Building Code and the Florida Fire Prevention Code and the 5 Life Safety Code as determined by the local authority in 6 accordance with this chapter and chapter 633. 7 (6) A permit may not be issued for any building 8 construction, erection, alteration, modification, repair, or 9 addition unless the applicant for such permit complies with 10 the requirements for plan review established by the Florida 11 Building Commission within the Florida Building Code. However, 12 the code shall set standards and criteria to authorize 13 preliminary construction before completion of all building 14 plans review, including, but not limited to, special permits 15 for the foundation only, and such standards shall take effect 16 concurrent with the first effective date of the Florida 17 Building Code. 18 Section 15. Effective upon this act becoming a law, 19 section 553.8412, Florida Statutes, is created to read: 20 553.8412 Legislative intent; delivery of training; 21 outsourcing.-- 22 (1) The number of licensees who will require initial 23 training for the Florida Building Code is in excess of 24 100,000. It is the intent of the Legislature that the Florida 25 Building Commission make sure that initial training for the 26 Florida Building Code be achieved as soon as practicable to 27 ensure compliance. It is further the intent of the Legislature 28 that the Florida Building Commission encourage and promote 29 improved coordination between industry associations as a way 30 to achieve better compliance with Florida's building codes. 31 (2) Not more than 60 days after the effective date of 25 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 this section, the Florida Building Commission and the 2 department shall provide for statewide outreach for training 3 on the Florida Building Code. The Florida Building Commission 4 and the department shall achieve statewide outreach for 5 training through organizations, including, but not limited to, 6 existing licensee trade and professional associations. The 7 Florida Building Commission or the department may not exclude 8 participation in statewide outreach by any trade or 9 professional association that has as its primary constituency 10 members who are required to comply with the training 11 requirements of the Florida Building Code. Wherever possible 12 and by contract pursuant to s. 287.057, the Florida Building 13 Commission and the department shall outsource components, 14 outreach, and coordination of training and the training itself 15 to prevent duplication and ensure the most expeditious and 16 consistent delivery and minimize administrative costs to the 17 commission and the department. This section does not prohibit 18 any qualified entity from providing training on the Florida 19 Building Code. 20 (3) To the extent available, funding for outreach, 21 coordination of training, or training may come from existing 22 resources. If necessary, the Florida Building Commission or 23 the department may seek additional or supplemental funds 24 pursuant to s. 215.559(5). This section does not preclude the 25 Florida Building Commission from charging fees to fund the 26 building code training program in a self-sufficient manner as 27 provided in s. 553.841(5). 28 (4) This section is repealed June 30, 2003, unless 29 reenacted by the Legislature. 30 Section 16. Effective July 1, 2001, section 553.842, 31 Florida Statutes, is amended to read: 26 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 553.842 Product evaluation and approval.-- 2 (1) The commission shall adopt rules under ss. 3 120.536(1) and 120.54 make recommendations to the President of 4 the Senate and the Speaker of the House of Representatives 5 prior to the 2001 Regular Session to develop and implement a 6 product evaluation and approval system that applies statewide 7 to operate in coordination with the Florida Building Code. The 8 commission may enter into contracts to provide for 9 administration of the product evaluation and approval system. 10 The product evaluation and approval system shall provide: 11 (a) Appropriate promotion of innovation and new 12 technologies. 13 (b) Processing submittals of products from 14 manufacturers in a timely manner. 15 (c) Independent, third-party qualified and accredited 16 testing and laboratory facilities, product evaluation 17 entities, quality-assurance agencies, certification agencies, 18 and validation entities. 19 (d) An easily accessible product acceptance list to 20 entities subject to the Florida Building Code. 21 (e) Development of stringent but reasonable testing 22 criteria based upon existing consensus standards, when 23 available, for products. 24 (f) Long-term approvals, where feasible. State and 25 local approvals will be valid until the requirements of the 26 code on which the approval is based change, the product 27 changes in a manner affecting its performance as required by 28 the code, or the approval is revoked. 29 (g) Criteria for recall or revocation of a product 30 approval. 31 (h) Cost-effectiveness. 27 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 (2) The product evaluation and approval system shall 2 rely on regional, national, and international consensus 3 standards, whenever adopted by the Florida Building Code, for 4 demonstrating compliance with code standards. Other standards 5 which meet or exceed established state requirements shall also 6 be considered. 7 (3) Products or methods or systems of construction 8 that require approval under s. 553.77, that have standardized 9 testing or comparative or rational analysis methods 10 established by the code, required to be approved and that are 11 certified by an approved product evaluation entity, testing 12 laboratory, or certification agency as complying with the 13 standards specified by the code shall be approved for local or 14 statewide use by one of the methods established in subsection 15 (6) permitted to be used statewide, without further evaluation 16 or approval. 17 (4) By October 1, 2003, products or methods or systems 18 of construction requiring approval under s. 553.77 must be 19 approved by one of the methods established in subsection (5) 20 or subsection (6) before their use in construction in this 21 state. Products may be approved either by the commission for 22 statewide use, or by a local building department for use in 23 that department's jurisdiction only. Notwithstanding a local 24 government's authority to amend the Florida Building Code as 25 provided in this act, statewide approval shall preclude local 26 jurisdictions from requiring further testing, evaluation, or 27 submission of other evidence as a condition of using the 28 product so long as the product is being used consistent with 29 the conditions of its approval. 30 (5) Statewide and Local approval of products or 31 methods or systems of construction may shall be achieved by 28 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 the local building official through building plans review and 2 inspection to determine that the product, method, or system of 3 construction complies with the prescriptive standards 4 established in the code. Alternatively, local approval may be 5 achieved by one of the methods established in subsection (6). 6 (6) Statewide or local approval of products, methods, 7 or systems of construction may be achieved by one of the 8 following methods. One of these methods must be used by local 9 officials or the commission to approve the following 10 categories of products: panel walls, exterior doors, roofing, 11 skylights, windows, shutters, and structural components as 12 established by the commission by rule. 13 (a) Products for which the code establishes 14 standardized testing or comparative or rational analysis 15 methods shall be approved by submittal and validation of one 16 of the following reports or listings indicating that the 17 product or method or system of construction was evaluated to 18 be in compliance with the Florida Building Code and that the 19 product or method or system of construction is, for the 20 purpose intended, at least equivalent to that required by the 21 Florida Building Code: 22 1. A certification mark or listing of an approved 23 certification agency; 24 2. A test report from an approved testing laboratory; 25 3. A product evaluation report based upon testing or 26 comparative or rational analysis, or a combination thereof, 27 from an approved product evaluation entity; or 28 4. A product evaluation report based upon testing or 29 comparative or rational analysis, or a combination thereof, 30 developed and signed and sealed by a professional engineer or 31 architect, licensed in this state. 29 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 (b) Products, methods, or systems of construction for 2 which there are no specific standardized testing or 3 comparative or rational analysis methods established in the 4 code may be approved by submittal and validation of one of the 5 following: 6 1. A product evaluation report based upon testing or 7 comparative or rational analysis, or a combination thereof, 8 from an approved product evaluation entity indicating that the 9 product or method or system of construction was evaluated to 10 be in compliance with the intent of the Florida Building Code 11 and that the product or method or system of construction is, 12 for the purpose intended, at least equivalent to that required 13 by the Florida Building Code; or 14 2. A product evaluation report based upon testing or 15 comparative or rational analysis, or a combination thereof, 16 developed and signed and sealed by a professional engineer or 17 architect, licensed in this state, who certifies that the 18 product or method or system of construction is, for the 19 purpose intended, at least equivalent to that required by the 20 Florida Building Code. 21 (7) The commission shall ensure that product 22 manufacturers operate quality-assurance programs for all 23 approved products. The commission shall adopt by rule criteria 24 for operation of the quality-assurance programs. 25 (8) For local approvals, validation shall be performed 26 by the local building official. The commission shall adopt by 27 rule criteria constituting complete validation by the local 28 official, including, but not limited to, criteria governing 29 verification of a quality-assurance program. For state 30 approvals, validation shall be performed by validation 31 entities approved by the commission. The commission shall 30 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 adopt by rule criteria for approval of validation entities, 2 which shall be third-party entities independent of the 3 product's manufacturer and which shall certify to the 4 commission the product's compliance with the code. 5 (9) The commission may adopt rules to approve the 6 following types of entities that produce information on which 7 product approvals are based. All of the following entities, 8 including engineers and architects, must comply with a 9 nationally recognized standard demonstrating independence or 10 no conflict of interest: 11 (a) Evaluation entities that meet the criteria for 12 approval adopted by the commission by rule. The commission 13 shall specifically approve the National Evaluation Service, 14 the International Conference of Building Officials Evaluation 15 Services, the Building Officials and Code Administrators 16 International Evaluation Services, the Southern Building Code 17 Congress International Evaluation Services, and the Miami-Dade 18 County Building Code Compliance Office Product Control. 19 Architects and engineers licensed in this state are also 20 approved to conduct product evaluations as provided in 21 subsection (6). 22 (b) Testing laboratories accredited by national 23 organizations, such as A2LA and the National Voluntary 24 Laboratory Accreditation Program, laboratories accredited by 25 evaluation entities approved under paragraph (a), and 26 laboratories that comply with other guidelines for testing 27 laboratories selected by the commission and adopted by rule. 28 (c) Quality-assurance entities approved by evaluation 29 entities approved under paragraph (a) and by certification 30 agencies approved under paragraph (d) and other 31 quality-assurance entities that comply with guidelines 31 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 selected by the commission and adopted by rule. 2 (d) Certification agencies accredited by nationally 3 recognized accreditors and other certification agencies that 4 comply with guidelines selected by the commission and adopted 5 by rule. 6 (e) Validation entities that comply with accreditation 7 standards established by the commission by rule.: 8 (a) Submittal and validation of a product evaluation 9 report from an approved product evaluation entity indicating 10 the product or method or system of construction was tested to 11 be in compliance with the Florida Building Code or with the 12 intent of the Florida Building Code and the product or method 13 or system of construction is, for the purpose intended, at 14 least equivalent of that required by the Florida Building 15 Code; or 16 (b) Submittal and validation of a product evaluation 17 report or rational analysis which is signed and sealed by a 18 professional engineer or architect, licensed in this state, 19 who has no conflict of interest, as determined by national 20 guidelines, who certifies that the product or method or system 21 of construction is, for the purpose intended, at least 22 equivalent of that required by the Florida Building Code. Any 23 product approved under this procedure shall be required to be 24 manufactured under a quality assurance program, certified by 25 an approved product evaluation entity. 26 (10)(6) A building official may deny the local 27 application of a product or method or system of construction 28 which has received statewide approval, based upon a written 29 report signed by the official that concludes the product 30 application is inconsistent with the statewide approval and 31 that states the reasons the application is inconsistent. Such 32 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 denial is subject to the provisions of s. 553.77 governing 2 appeal of the building official's interpretation of the code. 3 (11)(7) Products, other than manufactured buildings, 4 which are custom fabricated or assembled shall not require 5 separate approval under this section provided the component 6 parts have been approved for the fabricated or assembled 7 product's use and the components meet the standards and 8 requirements of the Florida Building Code which applies to the 9 product's intended use. 10 (12)(8) A building official may appeal the required 11 approval for local use of a product or method or system of 12 construction to the commission. The commission shall conduct a 13 hearing under chapter 120 and the uniform rules of procedure 14 and shall establish expedited procedures to handle such 15 appeals in an expedited manner. 16 (13)(9) The decisions of local building officials 17 shall be appealable to the local board of appeals, if such 18 board exists, and then to the commission, which shall conduct 19 a hearing under chapter 120 and the uniform rules of 20 procedure. Decisions of the commission regarding statewide 21 product approvals and appeals of local product approval shall 22 be subject to judicial review pursuant to s. 120.68. 23 (14)(10) The commission shall maintain a list of the 24 state-approved approved products, and product evaluation 25 entities, testing laboratories, quality-assurance agencies, 26 certification agencies, and validation entities and make such 27 lists list available in the most cost-effective manner. The 28 commission shall establish reasonable timeframes associated 29 with the product approval process and availability of the 30 lists list. 31 (15) The commission shall by rule establish criteria 33 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 for revocation of product approvals as well as revocation of 2 approvals of product evaluation entities, testing 3 laboratories, quality-assurance entities, certification 4 agencies, and validation entities. Revocation is governed by 5 s. 120.60 and the uniform rules of procedure. 6 (16) The commission shall establish a schedule for 7 adoption of the rules required in this section to ensure that 8 the product manufacturing industry has sufficient time to 9 revise products to meet the requirements for approval and 10 submit them for testing or evaluation before the system taking 11 effect on October 1, 2003, and to ensure that the availability 12 of statewide approval is not delayed. 13 (11) The commission may establish reasonable and 14 appropriate fees for the review of rational analyses and 15 certification of manufactured buildings submitted pursuant to 16 this section and may enter into any contracts the commission 17 deems necessary in order to implement this section. 18 (12) Products certified or approved for statewide or 19 local use by an approved product evaluation entity prior to 20 the effective date of this act shall be deemed to be approved 21 for use in this state pursuant to this section and to comply 22 with this section. 23 24 For purposes of this section, an approved product evaluation 25 entity is an entity that has been accredited by a nationally 26 recognized independent evaluation authority or entity 27 otherwise approved by the commission. 28 Section 17. Effective July 1, 2001, subsection (2) of 29 section 553.895, Florida Statutes, is amended to read: 30 553.895 Firesafety.-- 31 (2) Except for single-family and two-family dwellings, 34 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 any building which is of three stories or more and for which 2 the construction contract is let after January 1, 1994, 3 regardless of occupancy classification and including any 4 building which is subject to s. 509.215, shall be equipped 5 with an automatic sprinkler system installed in compliance 6 with the provisions of chapter 633 and the rules and codes 7 adopted pursuant thereto. A stand-alone parking garage 8 constructed with noncombustible materials, the design of which 9 is such that all levels of the garage are uniformly open to 10 the atmosphere on all sides with percentages of openings as 11 prescribed in the applicable building code, and which parking 12 garage is separated from other structures by at least 20 feet, 13 is exempt from the requirements of this subsection. 14 Telecommunications spaces located within telecommunications 15 buildings, if the spaces are equipped to meet an equivalent 16 fire-prevention standard approved by both the Florida Building 17 Commission and the State Fire Marshal, are exempt from the 18 requirements of this subsection. In a building less than 75 19 feet in height which is protected throughout with an approved 20 and maintained fire sprinkler system, a manual wet standpipe, 21 as defined in the National Fire Protection Association 22 Standard 14, Standard for the Installation of Standpipe, 23 Private Hydrant, and Hose Systems, shall be allowed. 24 Section 18. Effective upon this act becoming a law, 25 the Florida Building Commission shall research the issue of 26 adopting a rehabilitation code for the state and shall report 27 to the Legislature before the 2002 Regular Session regarding 28 the feasibility of adopting such a code. The commission shall 29 review the rehabilitation codes adopted by other states as 30 part of its research. 31 Section 19. Effective upon this act becoming a law, 35 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 the Florida Building Commission shall research the issue of 2 requiring all primary elevators in buildings with more than 3 five levels to operate with a universal key, thereby allowing 4 access and operation by emergency personnel. The commission 5 must report its recommendations to the Legislature before the 6 2002 Regular Session. 7 Section 20. Notwithstanding any other provision in 8 chapter 2000-141, Laws of Florida, effective upon this act 9 becoming a law, the effective date of the following sections 10 of chapter 2000-141, Laws of Florida, is changed to January 1, 11 2002: sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 12 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 36, 13 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70, 71, 72, 14 75, 79, 81, 84, 86, 87, 88, 91, 92, 93, 94, and 99. 15 Section 21. Notwithstanding any other provision in 16 chapter 2000-141, Laws of Florida, effective upon this act 17 becoming a law, the effective date of the following sections 18 of chapter 98-287, Laws of Florida, as amended by chapter 19 2000-141, Laws of Florida, is changed to January 1, 2002: 20 sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21, 24, 29, 21 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56. 22 Section 22. Notwithstanding any other provision in 23 chapter 2000-141, Laws of Florida, effective upon this act 24 becoming a law, the effective date of section 61 of chapter 25 98-419, Laws of Florida, as amended by chapter 2000-141, Laws 26 of Florida, is changed to January 1, 2002. 27 Section 23. Effective upon this act becoming a law, 28 section 135 of chapter 2000-141, Laws of Florida, is amended 29 to read: 30 Section 135. Effective January 1, 2002 July 1, 2001, 31 subsection (2) of section 255.21, Florida Statutes, paragraphs 36 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 (d) and (e) of subsection (1) of section 395.1055, Florida 2 Statutes, and subsection (11) of section 553.79, Florida 3 Statutes, are repealed. 4 Section 24. Effective upon this act becoming a law, 5 subsection (2) of section 62 of chapter 98-287, Laws of 6 Florida, as amended by section 107 of chapter 2000-141, Laws 7 of Florida, is amended to read: 8 Section 62. 9 (2) Effective January 1, 2002 July 1, 2001, all 10 existing local technical amendments to any building code 11 adopted by any local government, except for local ordinances 12 setting forth administrative requirements which are not in 13 conflict with the Florida Building Code, are repealed. Each 14 local government may readopt such amendments pursuant to s. 15 553.73, Florida Statutes, provided such amendments comply with 16 applicable provisions of the Florida Building Code. 17 Section 25. Effective upon this act becoming a law, 18 section 68 of chapter 98-287, Laws of Florida, as amended by 19 section 108 of chapter 2000-141, Laws of Florida, is amended 20 to read: 21 Section 68. Effective January 1, 2002 July 1, 2001, 22 parts I, II, and III of chapter 553, Florida Statutes, 23 consisting of sections 553.01, 553.02, 553.03, 553.04, 24 553.041, 553.05, 553.06, 553.07, 553.08, 553.10, 553.11, 25 553.14, 553.15, 553.16, 553.17, 553.18, 553.20, 553.21, 26 553.22, 553.23, 553.24, 553.25, 553.26, 553.27, and 553.28, 27 Florida Statutes, are repealed, section 553.141, Florida 28 Statutes, is transferred and renumbered as section 553.86, 29 Florida Statutes. 30 Section 26. Effective upon this act becoming a law, 31 funds that are available under sections 489.109(3) and 37 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 489.509(3), Florida Statutes, shall be allocated and expended 2 by the Florida Building Commission as provided in this 3 section. 4 (1) The Florida Building Commission shall appoint 5 those members of the Building Construction Industry Advisory 6 Committee on October 1, 2001, as established by Rule 7 6A-10.029, Florida Administrative Code, to the Education 8 Technical Advisory Committee of the Florida Building 9 Commission to complete their terms of office. Members of the 10 Florida Building Commission shall also be appointed to the 11 Education Technical Advisory Committee. The members of the 12 committee shall broadly represent the building construction 13 industry and must consist of no fewer than 10 persons. The 14 chairperson of the Florida Building Commission shall annually 15 designate the chairperson of the committee. The terms of the 16 committee members shall be 2 years each and members may be 17 reappointed at the discretion of the Florida Building 18 Commission. 19 (2) The Educational Technical Advisory Committee 20 shall: 21 (a) Advise the commission on any policies or 22 procedures needed to administer sections 489.109(3) and 23 489.509(3), Florida Statutes. 24 (b) Advise the commission on administering section 25 553.841, Florida Statutes. 26 (c) Advise the commission on areas of priority for 27 which funds should be expended for research and continuing 28 education. 29 (d) Review all proposed research and continuing 30 education projects and recommend to the commission those 31 projects that should be funded and the amount of funds to be 38 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 provided for each project. 2 (3) Each biennium, upon receipt of funds by the 3 Department of Community Affairs from the Construction Industry 4 Licensing Board and the Electrical Contractors' Licensing 5 Board provided under sections 489.109(3) and 489.509(3), 6 Florida Statutes, the commission shall determine the amount of 7 funds available for research projects from the proceeds of 8 contractor licensing fees and identify, solicit, and accept 9 funds from other sources for research and continuing education 10 projects. 11 (4) If funds collected for research projects in any 12 year do not require the use of all available funds, the unused 13 funds shall be carried forward and allocated for use during 14 the following fiscal year. 15 Section 27. Effective upon this act becoming a law, 16 the Florida Building Commission shall convene an ad hoc 17 subcommittee to recommend a procedure by which the public 18 could elect to engage an engineer or architect to perform 19 plans review and inspection for the construction, alteration, 20 repair, or improvement of real property, and the appropriate 21 role of the local building official in such an alternative 22 plans review and inspection procedure and in the resulting 23 issuance of a building permit and certificate of occupancy. 24 (1) The ad hoc committee shall be composed of 11 25 members appointed by the chairperson of the commission who 26 shall meet the following qualifications: 27 (a) Five members from the Building Officials 28 Association of Florida; 29 (b) Two members from the Associated General 30 Contractors of Florida; 31 (c) One member from the Florida Homebuilders 39 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 Association; 2 (d) One member from the Florida Engineering Society; 3 (e) One member from the American Institute of 4 Architects; and 5 (f) One member from the Florida Insurance Council. 6 (2) The ad hoc subcommittee shall meet at least four 7 times prior to January 1, 2002. Members may participate in any 8 meeting via telephone conference if the technology is 9 available at the meeting location. Members shall serve on a 10 voluntary basis, without compensation and without 11 reimbursement of per diem and travel expenses. 12 (3) The ad hoc subcommittee shall examine the various 13 processes used by local building officials throughout the 14 state in conducting plans review for the construction, 15 alteration, repair, or improvement of real property, and 16 approving building permit applications, as well as those 17 processes used by local building officials in conducting 18 required inspections for construction, alteration, repair, or 19 improvement of real property, and issuing certificates of 20 occupancy. The ad hoc subcommittee shall make recommendations 21 on the following: 22 (a) A procedure by which the public could elect to 23 engage an engineer or architect to perform plans review and 24 inspection for the construction, alteration, repair, or 25 improvement of real property; and 26 (b) The appropriate role of the local building 27 official in such an alternative plans review and inspection 28 procedure and in the resulting issuance of a building permit 29 and certificate of occupancy. 30 (4) The ad hoc subcommittee shall submit to the 31 Florida Building Commission its recommendations and findings 40 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 by January 1, 2002. The commission shall submit to the 2 Governor, the President of the Senate, and the Speaker of the 3 House of Representatives, before the beginning of the next 4 regularly scheduled legislative session, a report of its 5 findings, which shall include the recommendations of the ad 6 hoc committee. 7 (5) The Department of Community Affairs shall provide 8 logistical and staff support for the ad hoc subcommittee. 9 Section 28. Section 627.0629, Florida Statutes, as 10 amended by section 99 of chapter 2000-141, Laws of Florida, is 11 amended to read: 12 627.0629 Residential property insurance; rate 13 filings.-- 14 (1) A rate filing for residential property insurance 15 must include actuarially reasonable discounts, credits, or 16 other rate differentials, or appropriate reductions in 17 deductibles, for properties on which fixtures or construction 18 techniques demonstrated to reduce the amount of loss in a 19 windstorm have been installed or implemented. The fixtures or 20 construction techniques shall include, but not be limited to, 21 fixtures or construction techniques which enhance roof 22 strength, roof covering performance, roof-to-wall strength, 23 wall-to-floor-to-foundation strength, opening protection, and 24 window, door, and skylight strength. Credits, discounts, or 25 other rate differentials for fixtures and construction 26 techniques which meet the minimum requirements of the Florida 27 Building Code must be included in the rate filing. All 28 insurance companies must make a rate filing which includes the 29 credits, discounts, or other rate differentials by December 31 30 June 1, 2002. 31 Section 29. Effective upon this act becoming a law, 41 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 paragraph (c) of subsection (3) of section 633.0215, Florida 2 Statutes, is amended to read: 3 633.0215 Florida Fire Prevention Code.-- 4 (3) No later than 180 days before the triennial 5 adoption of the Florida Fire Prevention Code, the State Fire 6 Marshal shall notify each municipal, county, and special 7 district fire department of the triennial code adoption and 8 steps necessary for local amendments to be included within the 9 code. No later than 120 days before the triennial adoption of 10 the Florida Fire Prevention Code, each local jurisdiction 11 shall provide the State Fire Marshal with copies of its local 12 fire code amendments. The State Fire Marshal has the option to 13 process local fire code amendments that are received less than 14 120 days before the adoption date of the Florida Fire 15 Prevention Code. 16 (c) Notwithstanding other state or local building and 17 construction code laws to the contrary, locally adopted fire 18 code requirements that were in existence on the effective date 19 of this section shall be deemed local variations of the 20 Florida Fire Prevention Code until the State Fire Marshal 21 takes action to adopt as a statewide firesafety code 22 requirement or rescind such requirements as provided herein, 23 and such action shall take place no later than January 1, 2002 24 July 1, 2001. 25 Section 30. The Florida Building Commission shall 26 research and evaluate the types of specific needs for the 27 state and its localities which are appropriate to justify 28 amendment of the adopted Florida Building Code, as referred to 29 in section 553.73(3), and make recommendations regarding 30 legislative clarification of this issue to the Legislature 31 prior to the 2002 Regular Session. The commission shall 42 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 consider needs relating to Florida's geographic, climatic, 2 soil, topographic, fire and other conditions as part of its 3 evaluation. The commission shall adopt no amendments to the 4 Florida Building Code until after July 1, 2002, except for the 5 following: emergency amendments, amendments clarifying state 6 agency construction regulations, amendments which eliminate 7 conflicts with Florida law or implement new authorities 8 granted by law, and amendments to implement settlement 9 agreements executed prior to March 1, 2001. 10 Section 31. Effective upon this act becoming a law, 11 the sum of $250,000 is appropriated from the General Revenue 12 Fund to Florida Community College at Jacksonville for the 13 operations of the Institute of Applied Technology in 14 Construction Excellence, and the sum of $250,000 is 15 appropriated from the General Revenue Fund to Miami-Dade 16 Community College for the implementation of the building code 17 training program for inspectors, contractors, architects, and 18 engineers. 19 Section 32. Effective upon this act becoming a law, 20 section 1 of chapter 2000-150, Laws of Florida, is repealed. 21 Section 33. Except as otherwise provided in this act, 22 this act shall take effect January 1, 2002. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 remove from the title of the bill: entire title 28 29 and insert in lieu thereof: 30 A bill to be entitled 31 An act relating to the Florida Building Code; 43 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 amending s. 235.061, F.S.; delaying the date 2 for rule requirements; amending s. 235.212, 3 F.S.; specifying window standards for 4 relocatable classrooms; amending s. 255.31, 5 F.S.; exempting certain facilities from plans 6 review and inspections by local jurisdictions; 7 amending s. 399.061, F.S.; revising provisions 8 relating to the inspection of elevators; 9 amending s. 373.323, F.S.; authorizing water 10 well contractors to install, repair, or modify 11 specified equipment in accordance with the 12 code; amending s. 489.13, F.S.; creating an 13 exception to the provision defining what 14 constitutes unlicensed contracting; amending s. 15 489.509, F.S.; transferring specified licensing 16 fees from the Department of Education to the 17 Department of Community Affairs; amending s. 18 553.36, defining the term "factory-built school 19 shelter"; amending s. 553.415, F.S.; delaying 20 the date for inclusion of the Uniform Code for 21 Public Education Facilities in the Florida 22 Building Code; providing for the department to 23 approve plans for factory-built school 24 shelters; authorizing districts to charge 25 inspection fees; authorizing approved 26 inspection entities to conduct inspections of 27 factory-built school buildings while they are 28 under construction; delaying the deadline for 29 inspecting factory-built buildings currently in 30 use; amending ss. 553.505, 553.507, F.S.; 31 conforming cross-references; amending s. 44 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 553.73, F.S.; providing for the uniform 2 implementation of parts of the residential 3 swimming pool safety act; providing a process 4 for the approval of technical amendments to the 5 code; providing for the treatment of permit 6 applications submitted prior to the effective 7 date of the code; exempting specified 8 structures from the wind-borne-debris-impact 9 standards of the Florida Building Code; 10 amending s. 553.77, F.S.; requiring the 11 commission to issue specified declaratory 12 statements; providing for hearings; providing 13 for rules for plan review of prototype 14 buildings; authorizing the commission to 15 produce a commentary to accompany the Florida 16 Building Code; amending s. 553.79, F.S.; 17 requiring the code to establish standards for 18 preliminary construction; creating s. 553.8412, 19 F.S.; providing for statewide outreach for 20 training on the code; amending s. 553.842, 21 F.S.; providing methods for local and statewide 22 approval of products, methods, and systems of 23 construction; providing rulemaking authority; 24 amending s. 553.895, F.S.; exempting specified 25 spaces within telecommunications buildings 26 under specified circumstances; allowing the use 27 of a manual wet standpipe under certain 28 circumstances; directing the commission to 29 research some issues and provide reports to the 30 Legislature; amending s. 135 of ch. 2000-141, 31 Laws of Florida, and ss. 62(2) and 68 of ch. 45 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301
HOUSE AMENDMENT Bill No. CS/HB 1255 Amendment No. ___ (for drafter's use only) 1 98-287, Laws of Florida, as amended; providing 2 an effective date for the Florida Building 3 Code; requiring that the Florida Building 4 Commission appoint members to the commission's 5 Education Technical Advisory Committee; 6 specifying duties of the advisory committee; 7 providing for the carryforward of funds 8 collected for research projects; requiring the 9 Florida Building Commission to convene an ad 10 hoc subcommittee to recommend procedures for 11 engaging an engineer or architect to perform 12 plans review and inspections; requiring 13 recommendations for the role of local building 14 officials in issuing building permits and 15 certificates of occupancy; providing for 16 appointment of members; providing for meetings 17 and staff support by the Department of 18 Community Affairs; requiring a report to the 19 Governor and the Legislature by a specified 20 date; amending s. 627.0629, F.S.; providing a 21 date certain for insurance companies to file 22 rate filings; amending s. 663.0215, F.S.; 23 delaying the date on which the State Fire 24 Marshal is required to adopt a statewide 25 firesafety code; providing an appropriation; 26 repealing section 1 of chapter 2000-150, Laws 27 of Florida, relating to legislative intent 28 regarding the meaning of the terms "net 29 premiums written" and "net premiums collected" 30 as used in chapter 440, F.S.; providing an 31 effective date. 46 File original & 9 copies 04/27/01 hca0002 08:45 am 01255-0112-254301