House Bill hb1255

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    Florida House of Representatives - 2001                HB 1255

        By Representative Diaz-Balart






  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 489.509, F.S.; transferring certain

  4         electrical and alarm contracting fees from the

  5         Department of Education to the Department of

  6         Community Affairs; amending ss. 553.505 and

  7         553.507, F.S.; deleting application of a

  8         uniform traffic control enforcement provision

  9         relating to disabled parking; amending s.

10         553.73, F.S.; requiring the Florida Building

11         Commission to conduct certain hearings;

12         authorizing the Florida Building Commission to

13         adopt rules governing the status of

14         construction projects on the date the Florida

15         Building Code takes effect; exempting certain

16         buildings from the wind impact resistance

17         standards of the Florida Building Code;

18         amending s. 553.77, F.S.; providing for

19         administrative hearings; providing for rules

20         for plan review of prototype buildings;

21         authorizing the commission to produce a

22         commentary to accompany the Florida Building

23         Code; amending s. 553.79, F.S.; requiring the

24         Florida Building Code to set standards and

25         criteria for preliminary construction prior to

26         completion of plan review; amending s. 553.842,

27         F.S.; requiring the commission to adopt rules

28         for certain purposes; providing requirements

29         and procedures for local and statewide approval

30         of products or methods or systems of

31         construction; providing for validation of

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  1         approvals; requiring the commission to conduct

  2         certain hearings; amending s. 553.895, F.S.;

  3         exempting certain spaces within

  4         telecommunications buildings from code

  5         application under certain circumstances;

  6         providing an effective date for the Florida

  7         Building Code; repealing s. 553.77(2), F.S.,

  8         relating to certification fees for special

  9         inspectors of threshold buildings; providing an

10         effective date.

11

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

13

14         Section 1.  Subsection (3) of section 489.509, Florida

15  Statutes, is amended to read:

16         489.509  Fees.--

17         (3)  Four dollars of each fee under subsection (1) paid

18  to the department at the time of application or renewal shall

19  be transferred at the end of each licensing period to the

20  Department of Community Affairs Education to fund projects

21  relating to the building construction industry or continuing

22  education programs offered to persons engaged in the building

23  construction industry in Florida. The board shall, at the time

24  the funds are transferred, advise the Department of Community

25  Affairs Education on the most needed areas of research or

26  continuing education based on significant changes in the

27  industry's practices or on the most common types of consumer

28  complaints or on problems costing the state or local

29  governmental entities substantial waste. The board's advice is

30  not binding on the Department of Community Affairs Education.

31  The Department of Education must allocate 50 percent of the

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  1  funds to a graduate program in building construction in a

  2  Florida university and 50 percent of the funds to all

  3  accredited private and state universities and community

  4  colleges within the state offering approved courses in

  5  building construction, with each university or college

  6  receiving a pro rata share of such funds based upon the number

  7  of full-time building construction students enrolled at the

  8  institution. The Department of Community Affairs Education

  9  shall ensure the distribution of research reports and the

10  availability of continuing education programs to all segments

11  of the building construction industry to which they relate.

12  The Department of Community Affairs Education shall report to

13  the board in October of each year, summarizing the allocation

14  of the funds by institution and summarizing the new projects

15  funded and the status of previously funded projects. The

16  Commissioner of Education is directed to appoint one

17  electrical contractor and one certified alarm system

18  contractor to the Building Construction Industry Advisory

19  Committee.

20         Section 2.  Effective July 1, 2001, section 553.505,

21  Florida Statutes, is amended to read:

22         553.505  Exceptions to applicability of the Americans

23  with Disabilities Act.--Notwithstanding the Americans with

24  Disabilities Act of 1990, private clubs are governed by ss.

25  553.501-553.513. Parking spaces, parking lots, and other

26  parking facilities are governed by s. 553.5041 316.1955, when

27  that section provides increased accessibility.

28         Section 3.  Section 553.507, Florida Statutes, is

29  amended to read:

30         553.507  Exemptions.--Sections 553.501-553.513 and s.

31  316.1955(4) do not apply to any of the following:

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  1         (1)  Buildings, structures, or facilities that were

  2  either under construction or under contract for construction

  3  on October 1, 1997.

  4         (2)  Buildings, structures, or facilities that were in

  5  existence on October 1, 1997, unless:

  6         (a)  The building, structure, or facility is being

  7  converted from residential to nonresidential or mixed use, as

  8  defined by local law;

  9         (b)  The proposed alteration or renovation of the

10  building, structure, or facility will affect usability or

11  accessibility to a degree that invokes the requirements of s.

12  303(a) of the Americans with Disabilities Act of 1990; or

13         (c)  The original construction or any former alteration

14  or renovation of the building, structure, or facility was

15  carried out in violation of applicable permitting law.

16         Section 4.  Paragraph (b) of subsection (4) and

17  subsection (5) of section 553.73, Florida Statutes, as amended

18  by chapters 98-287, 98-419, 2000-141, and 2000-154, Laws of

19  Florida, are amended, subsections (6), (7), (8), (9), and (10)

20  of said section are renumbered as subsections (7), (8), (9),

21  (10), and (11), respectively, a new subsection (6) is added to

22  said section, and paragraph (h) is added to renumbered

23  subsection (7) of said section, to read:

24         553.73  Florida Building Code.--

25         (4)

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

27  of this section, adopt amendments to the technical provisions

28  of the Florida Building Code which apply solely within the

29  jurisdiction of such government and which provide for more

30  stringent requirements than those specified in the Florida

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

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  1         1.  The local governing body determines, following a

  2  public hearing which has been advertised in a newspaper of

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

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

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

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

  7  demonstrates that local conditions justify more stringent

  8  requirements than those specified in the Florida Building Code

  9  for the protection of life and property.

10         2.  Such additional requirements are not discriminatory

11  against materials, products, or construction techniques of

12  demonstrated capabilities.

13         3.  Such additional requirements may not introduce a

14  new subject not addressed in the Florida Building Code.

15         4.  The enforcing agency shall make readily available,

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

17  section.

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

19  transmitted within 30 days by the adopting local government to

20  the commission.  The commission shall maintain copies of all

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

22  the public.

23         6.  Any amendment to the Florida Building Code adopted

24  by a local government pursuant to this paragraph shall be

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

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

27  such time, the commission shall review such amendment for

28  consistency with the criteria in paragraph (6)(a) and adopt

29  such amendment as part of the Florida Building Code or rescind

30  the amendment.  The commission shall immediately notify the

31  respective local government of the rescission of any

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  1  amendment. After receiving such notice, the respective local

  2  government may readopt the rescinded amendment pursuant to the

  3  provisions of this paragraph.

  4         7.  Each county and municipality desiring to make local

  5  technical amendments to the Florida Building Code shall by

  6  interlocal agreement establish a countywide compliance review

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

  8  adopted by a local government within the county pursuant to

  9  this paragraph, that is challenged by any substantially

10  affected party for purposes of determining the amendment's

11  compliance with this paragraph. If the compliance review board

12  determines such amendment is not in compliance with this

13  paragraph, the compliance review board shall notify such local

14  government of the noncompliance and that the amendment is

15  invalid and unenforceable until the local government corrects

16  the amendment to bring it into compliance. The local

17  government may appeal the decision of the compliance review

18  board to the commission, which shall conduct a hearing

19  pursuant to chapter 120 and the uniform rules of procedure

20  adopted pursuant to s. 120.54.  If the compliance review board

21  determines such amendment to be in compliance with this

22  paragraph, any substantially affected party may appeal such

23  determination to the commission, which shall conduct a hearing

24  pursuant to chapter 120 and the uniform rules of procedure

25  adopted pursuant to s. 120.54. Actions of the commission are

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

27  compliance review board shall determine whether its decisions

28  apply to a respective local jurisdiction or apply countywide.

29         8.  An amendment adopted under this paragraph shall

30  include a fiscal impact statement which documents the costs

31  and benefits of the proposed amendment.  Criteria for the

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  1  fiscal impact statement shall include the impact to local

  2  government relative to enforcement, the impact to property and

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

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

  5  a basis for challenging the amendment for compliance.

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

  7  commission may review any amendments adopted pursuant to this

  8  subsection and make nonbinding recommendations related to

  9  compliance of such amendments with this subsection.

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

11  120.536(1) and 120.54, shall update the Florida Building Code

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

13  update or amendment to, the Florida Building Code by the

14  commission is deemed adopted for use statewide without

15  adoptions by local government. The commission may adopt by

16  rule, pursuant to ss. 120.536(1) and 120.54, provisions

17  governing the status of construction projects in plan review

18  on the date the Florida Building Code takes effect. The rule

19  shall govern the extent to which projects may be permitted

20  under the statewide minimum building codes after the Florida

21  Building Code takes effect.

22         (6)  The commission, by rule adopted pursuant to ss.

23  120.536(1) and 120.54, shall update the Florida Building Code

24  every 3 years. When updating the Florida Building Code, the

25  commission shall consider changes made by the adopting entity

26  of any selected model code for any model code incorporated

27  into the Florida Building Code, and may subsequently adopt the

28  new edition or successor of the model code or any part of such

29  code, which may then be modified for this state as provided in

30  this section, and shall further consider the commission's own

31  interpretations, declaratory statements, appellate decisions,

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  1  and approved statewide and local technical amendments. A

  2  change made by an institute or standards organization to any

  3  standard or criterion that is adopted by reference in the

  4  Florida Building Code does not become effective statewide

  5  until it has been adopted by the commission. The edition of

  6  the Florida Building Code which is in effect on the date of

  7  application of any permit authorized by the code governs the

  8  permitted work for the life of the permit and any extension

  9  granted to the permit. Any amendment to the Florida Building

10  Code which is adopted upon a finding by the commission that

11  the amendment is necessary to protect the public from

12  immediate threat of harm takes effect immediately.

13         (8)(7)  The following buildings, structures, and

14  facilities are exempt from the Florida Building Code as

15  provided by law, and any further exemptions shall be as

16  determined by the Legislature and provided by law:

17         (h)  Storage sheds which are manufactured and assembled

18  offsite, are not designed for human habitation, and have a

19  floor area of 720 square feet or less, are exempt from the

20  mandatory wind impact resistance standards of the code.

21

22  With the exception of paragraphs (a), (b), (c), and (f), in

23  order to preserve the health, safety, and welfare of the

24  public, the Florida Building Commission may, by rule adopted

25  pursuant to chapter 120, provide for exceptions to the broad

26  categories of buildings exempted in this section, including

27  exceptions for application of specific sections of the code or

28  standards adopted therein. The Department of Agriculture and

29  Consumer Services shall have exclusive authority to adopt by

30  rule, pursuant to chapter 120, exceptions to nonresidential

31  farm buildings exempted in paragraph (c) when reasonably

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  1  necessary to preserve public health, safety, and welfare. The

  2  exceptions must be based upon specific criteria, such as

  3  under-roof floor area, aggregate electrical service capacity,

  4  HVAC system capacity, or other building requirements. Further,

  5  the commission may recommend to the Legislature additional

  6  categories of buildings, structures, or facilities which

  7  should be exempted from the Florida Building Code, to be

  8  provided by law.

  9         Section 5.  Paragraph (h) of subsection (1) and

10  subsection (6) of section 553.77, Florida Statutes, as amended

11  by chapters 98-287, 98-419, 2000-141, and 2000-154, Laws of

12  Florida, are amended, and subsection (7) is added to said

13  section, to read:

14         553.77  Specific powers of the commission.--

15         (1)  The commission shall:

16         (h)  Hear appeals of the decisions of local boards of

17  appeal regarding interpretation decisions of local building

18  officials, or if no local board exists, hear appeals of

19  decisions of the building officials regarding interpretations

20  of the code.  For such appeals:

21         1.  Local decisions declaring structures to be unsafe

22  and subject to repair or demolition shall not be appealable to

23  the commission if the local governing body finds there is an

24  immediate danger to the health and safety of its citizens.

25         2.  All appeals shall be heard in the county of the

26  jurisdiction defending the appeal.

27         3.  Hearings shall be conducted pursuant to chapter 120

28  and the uniform rules of procedure adopted pursuant to s.

29  120.54 and decisions Actions of the commission are subject to

30  judicial review pursuant to s. 120.68.

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  1         (6)  The commission may provide by rule for plans

  2  review and approval of prototype buildings owned by public and

  3  private entities to be replicated throughout the state. The

  4  rule shall allow for review and approval of plans for

  5  prototype buildings to be performed by a public or private

  6  entity with oversight by the commission. The department is

  7  authorized to charge reasonable fees to cover the

  8  administrative costs of the program. Such approved plans or

  9  prototype buildings shall be exempt from further review

10  required by s. 553.79(2), except changes to the prototype

11  design, site plans, and other site-related items. As provided

12  in s. 553.73, prototype buildings are exempt from, or any

13  locally adopted local amendment to any part of the Florida

14  Building Code.  Construction or erection of such prototype

15  buildings is subject to local permitting and inspections

16  pursuant to this part.

17         (7)  The commission may produce and distribute a

18  commentary document to accompany the Florida Building Code.

19  Such commentary shall be limited in effect to providing

20  technical assistance and shall not have the effect of binding

21  interpretations of the code document itself.

22         Section 6.  Subsections (2) and (6) of section 553.79,

23  Florida Statutes, as amended by chapters 98-297 and 2000-141,

24  Laws of Florida, are amended to read:

25         553.79  Permits; applications; issuance; inspections.--

26         (2)  Except as provided in subsection (6), no enforcing

27  agency may issue any permit for construction, erection,

28  alteration, modification, repair, or demolition of any

29  building or structure until the local building code

30  administrator or inspector has reviewed the plans and

31  specifications required by the Florida Building Code, or local

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  1  amendment to the Florida Building Code, for such proposal and

  2  found the plans to be in compliance with the Florida Building

  3  Code. In addition, an enforcing agency may not issue any

  4  permit for construction, erection, alteration, modification,

  5  repair, or demolition of any building until the appropriate

  6  firesafety inspector certified pursuant to s. 633.081 has

  7  reviewed the plans and specifications required by the Florida

  8  Building Code, or local amendment to the Florida Building

  9  Code, for such proposal and found that the plans comply with

10  the Florida Fire Prevention Code and the Life Safety Code. Any

11  building or structure which is not subject to a firesafety

12  code shall not be required to have its plans reviewed by the

13  firesafety inspector. Any building or structure that is exempt

14  from the local building permit process may not be required to

15  have its plans reviewed by the local building code

16  administrator. Industrial construction on sites where design,

17  construction, and firesafety are supervised by appropriate

18  design and inspection professionals and which contain adequate

19  in-house fire departments and rescue squads is exempt, subject

20  to local government option, from review of plans and

21  inspections, providing owners certify that applicable codes

22  and standards have been met and supply appropriate approved

23  drawings to local building and firesafety inspectors.  The

24  enforcing agency shall issue a permit to construct, erect,

25  alter, modify, repair, or demolish any building or structure

26  when the plans and specifications for such proposal comply

27  with the provisions of the Florida Building Code and the

28  Florida Fire Prevention Code and the Life Safety Code as

29  determined by the local authority in accordance with this

30  chapter and chapter 633.

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  1         (6)  A permit may not be issued for any building

  2  construction, erection, alteration, modification, repair, or

  3  addition unless the applicant for such permit complies with

  4  the requirements for plan review established by the Florida

  5  Building Commission within the Florida Building Code. However,

  6  the code shall set standards and criteria to authorize

  7  preliminary construction prior to completion of plan review.

  8         Section 7.  Section 553.842, Florida Statutes, is

  9  amended to read:

10         553.842  Product evaluation and approval.--

11         (1)  The commission shall adopt rules pursuant to ss.

12  120.536(1) and 120.54 make recommendations to the President of

13  the Senate and the Speaker of the House of Representatives

14  prior to the 2001 Regular Session to develop and implement a

15  product evaluation and approval system to operate in

16  coordination with the Florida Building Code.  The product

17  evaluation and approval system shall provide:

18         (a)  Appropriate promotion of innovation and new

19  technologies.

20         (b)  Processing submittals of products from

21  manufacturers in a timely manner.

22         (c)  Independent, third-party qualified and accredited

23  testing and laboratory facilities, product evaluation

24  entities, quality assurance agencies, certification agencies,

25  and validation entities.

26         (d)  An easily accessible product acceptance list to

27  entities subject to the Florida Building Code.

28         (e)  Development of stringent but reasonable testing

29  criteria based upon existing consensus standards, when

30  available, for products.

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  1         (f)  Long-term approvals, where feasible. State and

  2  local approvals shall be valid until the requirements of the

  3  code on which the approval is based changes, the product

  4  changes, or the approval is revoked.

  5         (g)  Criteria for Recall or revocation of a product

  6  approval.

  7         (h)  Cost-effectiveness.

  8         (2)  The product evaluation and approval system shall

  9  rely on regional, national, and international consensus

10  standards, whenever adopted by the Florida Building Code, for

11  demonstrating compliance with code standards. Other standards

12  which meet or exceed established state requirements shall also

13  be considered.

14         (3)  Products or methods or systems of construction

15  which require approval pursuant to s. 553.77 and which are

16  required to be approved and certified by an approved product

17  evaluation entity as complying with the standards specified by

18  the code shall be permitted to be used statewide, without

19  further evaluation or approval.

20         (4)  By October 1, 2003, products or methods or systems

21  of construction requiring approval pursuant to s. 553.77 shall

22  be approved by one of the methods established in subsections

23  (5) and (6) prior to being used in construction in this state.

24  Products may be approved either by the commission for

25  statewide use, or by a local building department for use in

26  that department's jurisdiction only. Notwithstanding a local

27  government's authority to amend the Florida Building Code as

28  provided in this act, statewide approval shall preclude local

29  jurisdictions from requiring further testing, evaluation, or

30  submission of other evidence as a condition of using the

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  1  product so long as the product is being used consistent with

  2  the conditions of its approval.

  3         (5)  Statewide and Local approval of products or

  4  methods or systems of construction may shall be achieved by

  5  the local building official through building plans review and

  6  inspection to determine that the product or method or system

  7  of construction complies with the prescriptive standards

  8  established in the code. This method of approval does not

  9  apply to structural components as established by the

10  commission by rule, panel walls, exterior doors, roofing,

11  skylights, windows, and shutters. Alternatively, local

12  approval may be achieved as provided in subsection (6).

13         (6)  Statewide or local approval of products or methods

14  or systems of construction may be achieved as provided in

15  paragraph (a) or paragraph (b). Local officials or the

16  commission shall apply paragraph (a) or paragraph (b) in

17  approving panel walls, exterior doors, roofing, skylights,

18  windows, shutters, and structural components.:

19         (a)  Products for which the code establishes

20  performance measures shall be approved by submittal and

21  validation of one of the following reports indicating the

22  product or method or system of construction was evaluated to

23  be incompliance with the Florida Building Code and the product

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

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

26  Building Code:

27         1.  A certification mark or listing of an approved

28  certification agency;

29         2.  A test report from an approved testing laboratory;

30         3.  A product evaluation report based upon testing or

31  rational analysis, or a combination of testing and rational

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  1  analysis, from an approved product evaluation entity

  2  indicating the product or method or system of construction was

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

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

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

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

  7  Building Code; or

  8         4.(b)  Submittal and validation of A product evaluation

  9  report based upon testing or rational analysis, or a

10  combination of testing and rational analysis, and which is

11  signed and sealed by a professional engineer or architect,

12  licensed in this state, who has no conflict of interest, as

13  established determined by the commission by rule national

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

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

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

17  product approved under this procedure shall be required to be

18  manufactured under a quality assurance program, certified by

19  an approved product evaluation entity.

20         (b)  Products or methods or systems of construction for

21  which there are no specific standards established in the code

22  may be approved by submittal and validation of:

23         1.  A product evaluation report based upon testing or

24  rational analysis, or a combination of testing and rational

25  analysis, from an approved product evaluation entity

26  indicating the product or method or system of construction was

27  evaluated to be in compliance with the intent of the Florida

28  Building Code and the product or method or system of

29  construction is, for the purpose intended, at least equivalent

30  of that required by the Florida Building Code; or

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  1         2.  A product evaluation report based upon testing or

  2  rational analysis, or a combination of testing and rational

  3  analysis, developed and signed and sealed by a professional

  4  engineer or architect, licensed in this state, who has no

  5  conflict of interest, as established by the commission by

  6  rule, who certifies that the product or method or system of

  7  construction is, for the purpose intended, at least the

  8  equivalent of that required by the Florida Building Code.

  9         (7)  The commission shall ensure that product

10  manufacturers operate quality assurance programs for all

11  approved products. The commission shall adopt by rule criteria

12  for operation of such quality assurance programs.

13         (8)  For local approvals, validation shall be performed

14  by the local building official. The commission shall adopt by

15  rule criteria constituting complete validation by the local

16  official. For state approvals, validation shall be performed

17  by validation entities approved by the commission. The

18  commission shall adopt by rule criteria for approval of

19  validation entities, which shall be third-party entities

20  independent of the product's manufacturer and which shall

21  certify to the commission the product's compliance with the

22  code.

23         (9)  The commission shall adopt rules to approve the

24  following types of entities that produce information on which

25  product approvals are based:

26         (a)  Evaluation entities which meet the criteria for

27  approval adopted by the commission by rule. The commission

28  shall specifically approve the National Evaluation Service,

29  the International Conference of Building Officials Evaluation

30  Services, the Building Officials and Code Administrators

31  International Evaluation Services, the Southern Building Code

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  1  Congress International Evaluation Services, and the Miami-Dade

  2  County Product Control Division.

  3         (b)  Testing laboratories accredited by national

  4  organizations, including, but not limited to, A2LA and the

  5  National Voluntary Laboratory Accreditation Program, or

  6  accredited by evaluation entities approved pursuant to

  7  paragraph (a) and laboratories that comply with other

  8  guidelines for testing laboratories selected by the commission

  9  and adopted by rule.

10         (c)  Quality assurance entities approved by evaluation

11  entities approved pursuant to paragraph (a) and by

12  certification agencies approved pursuant to paragraph (d), and

13  other quality assurance entities that comply with guidelines

14  selected by the commission and adopted by rule.

15         (d)  Certification agencies accredited by nationally

16  recognized accreditors or other certification agencies that

17  comply with guidelines selected by the commission and adopted

18  by rule.

19         (e)  Validation entities which comply with

20  accreditation standards established by the commission by rule.

21         (10)(6)  A building official may deny the local

22  application of a product or method or system of construction

23  which has received statewide approval, based upon a written

24  report signed by the official that concludes the product

25  application is inconsistent with the statewide approval and

26  that states the reasons the application is inconsistent.  Such

27  denial is subject to the provisions of s. 553.77 governing

28  appeal of the building official's interpretation of the code.

29         (11)(7)  Products, other than manufactured buildings,

30  which are custom fabricated or assembled shall not require

31  separate approval under this section provided the component

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  1  parts have been approved for the fabricated or assembled

  2  product's use and the components meet the standards and

  3  requirements of the Florida Building Code which applies to the

  4  product's intended use.

  5         (12)(8)  A building official may appeal the required

  6  approval for local use of a product or method or system of

  7  construction to the commission. The commission shall conduct a

  8  hearing pursuant to chapter 120 and the uniform rules of

  9  procedure adopted pursuant to s. 120.54 and shall establish

10  expedited procedures to handle such appeals expeditiously.

11         (13)(9)  The decisions of local building officials

12  shall be appealable to the local board of appeals, if such

13  board exists, then to the commission which shall conduct a

14  hearing pursuant to chapter 120 and the uniform rules of

15  procedure adopted pursuant to s. 120.54. Decisions of the

16  commission regarding statewide product approvals and appeals

17  of local product approval shall be subject to judicial review

18  pursuant to s. 120.68.

19         (14)(10)  The commission shall maintain a list of the

20  state-approved approved products, and product evaluation

21  entities, testing laboratories, quality assurance agencies,

22  certification agencies, and validation entities and make such

23  list available in the most cost-effective manner.  The

24  commission shall establish reasonable timeframes associated

25  with the product approval process and availability of the

26  lists list.

27         (15)  The commission shall by rule establish criteria

28  for revocation of product approvals as well as approvals of

29  product evaluation entities, testing laboratories, quality

30  assurance entities, certification agencies, and validation

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  1  entities. Revocation shall be governed by s. 120.60 and the

  2  uniform rules of procedure adopted pursuant to s. 120.54.

  3         (16)  The commission shall establish a schedule for

  4  adoption of the rules required in this section to ensure that

  5  the product manufacturing industry has sufficient time to

  6  revise products to meet the requirements for approval and

  7  submit products for testing or evaluation prior to the system

  8  taking effect on October 1, 2003, and to ensure that the

  9  availability of statewide approval is not delayed.

10         (11)  The commission may establish reasonable and

11  appropriate fees for the review of rational analyses and

12  certification of manufactured buildings submitted pursuant to

13  this section and may enter into any contracts the commission

14  deems necessary in order to implement this section.

15         (12)  Products certified or approved for statewide or

16  local use by an approved product evaluation entity prior to

17  the effective date of this act shall be deemed to be approved

18  for use in this state pursuant to this section and to comply

19  with this section.

20

21  For purposes of this section, an approved product evaluation

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

23  recognized independent evaluation authority or entity

24  otherwise approved by the commission.

25         Section 8.  Effective July 1, 2001, subsection (2) of

26  section 553.895, Florida Statutes, is amended to read:

27         553.895  Firesafety.--

28         (2)  Except for single-family and two-family dwellings,

29  any building which is of three stories or more and for which

30  the construction contract is let after January 1, 1994,

31  regardless of occupancy classification and including any

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  1  building which is subject to s. 509.215, shall be equipped

  2  with an automatic sprinkler system installed in compliance

  3  with the provisions of chapter 633 and the rules and codes

  4  adopted pursuant thereto.  A stand-alone parking garage

  5  constructed with noncombustible materials, the design of which

  6  is such that all levels of the garage are uniformly open to

  7  the atmosphere on all sides with percentages of openings as

  8  prescribed in the applicable building code, and which parking

  9  garage is separated from other structures by at least 20 feet,

10  is exempt from the requirements of this subsection.

11  Telecommunications spaces located within telecommunications

12  buildings, if such spaces are equipped to meet an equivalent

13  fire prevention standard approved by the Florida Building

14  Commission and the State Fire Marshal, are exempt from the

15  requirements of this subsection.

16         Section 9.  Notwithstanding any provision of chapter

17  2000-141, Laws of Florida, relating to the effective date of

18  the Florida Building Code, the Florida Building Code shall

19  take effect October 1, 2001.

20         Section 10.  Subsection (2) of section 553.77, Florida

21  Statutes, as amended by chapters 98-287 and 2000-141, Laws of

22  Florida, is repealed.

23         Section 11.  Except as otherwise provided herein, this

24  act shall take effect October 1, 2001.

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

  2                          HOUSE SUMMARY

  3
      Revises various provisions relating to the Florida
  4    Building Code. Transfers electrical and alarm contracting
      fees from the Department of Education to the Department
  5    of Community Affairs. Authorizes the Florida Building
      Commission to adopt rules governing the status of
  6    construction projects on the date the Florida Building
      Code takes effect. Exempts specified buildings from the
  7    wind impact resistance standards of the Florida Building
      Code.  Provides for rules for plan review of prototype
  8    buildings. Authorizes the commission to produce a
      commentary to accompany the Florida Building Code.
  9    Requires the Florida Building Code to set standards and
      criteria for preliminary construction prior to completion
10    of plan review. Provides requirements and procedures for
      local and statewide approval of products or methods or
11    systems of construction. Exempts specific spaces within
      telecommunications buildings from code application.
12    Specifies an effective date for the Florida Building
      Code. See bill for details.
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