House Bill hb1255c1

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    Florida House of Representatives - 2001             CS/HB 1255

        By the Committee on Local Government & Veterans Affairs
    and Representative Diaz-Balart





  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 373.323, F.S.; authorizing water

  4         well contractors to install, repair, or modify

  5         specified equipment in accordance with the

  6         code; amending s. 489.509, F.S.; transferring

  7         specified licensing fees from the Department of

  8         Education to the Department of Community

  9         Affairs; amending ss. 553.36 and 553.415, F.S.;

10         defining the term "factory-built school

11         shelter"; providing for the Department of

12         Community Affairs to approve plans for such

13         shelters; authorizing districts to charge

14         inspection fees; authorizing approved

15         inspection entities to conduct inspections of

16         factory-built school buildings while they are

17         under construction; delaying the deadline for

18         inspecting factory-built buildings currently in

19         use; amending ss. 553.505 and 553.507, F.S.;

20         conforming cross references; amending s.

21         553.73, F.S.; providing for the uniform

22         implementation of parts of the residential

23         swimming pool safety act; defining the term

24         "specific needs" for purposes of selection from

25         available codes; providing a process for the

26         approval of technical amendments to the code;

27         providing for the treatment of permit

28         applications submitted prior to the effective

29         date of the code; exempting specified buildings

30         from certain standards of the code; amending s.

31         553.77, F.S.; requiring the commission to issue

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  1         specified declaratory statements; providing for

  2         hearings; providing for rules for plan review

  3         of prototype buildings; authorizing the

  4         commission to produce a commentary to accompany

  5         the Florida Building Code; amending s. 553.79,

  6         F.S.; requiring the code to establish standards

  7         for preliminary construction; creating s.

  8         553.8412, F.S.; providing for statewide

  9         outreach for training in the code; amending s.

10         553.842, F.S.; providing methods for local and

11         statewide approval of products and methods or

12         systems of construction; providing rulemaking

13         authority; amending s. 553.895, F.S.; exempting

14         specified spaces within telecommunications

15         buildings under specified circumstances;

16         allowing the use of a manual wet standpipe

17         under certain circumstances; directing the

18         commission to research certain issues and

19         provide reports to the Legislature; providing

20         an effective date for the Florida Building

21         Code; amending chs. 98-287, Laws of Florida, as

22         amended by ch. 2000-141, Laws of Florida,

23         98-419, Laws of Florida, as amended by ch.

24         2000-141, Laws of Florida, and 2000-141, Laws

25         of Florida; revising effective dates of certain

26         provisions; requiring the Florida Building

27         Commission to appoint members to the

28         commission's Education Technical Advisory

29         Committee; specifying duties of the advisory

30         committee; providing for the carryforward of

31         funds collected for research projects;

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  1         requiring the Florida Building Commission to

  2         convene an ad hoc subcommittee to make

  3         recommendations regarding alternative plans

  4         review and inspection procedures; requiring a

  5         report; amending ss. 316.515 and 627.702, F.S.;

  6         revising cross references; repealing s.

  7         553.77(2), F.S., relating to commission

  8         prescription of certain renewal fees; providing

  9         effective dates.

10

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

12

13         Section 1.  Subsection (10) is added to section

14  373.323, Florida Statutes, to read:

15         373.323  Licensure of water well contractors;

16  application, qualifications, and examinations; equipment

17  identification.--

18         (10)  Water well contractors licensed under this

19  section may install, repair, or modify pumps and tanks in

20  accordance with the Florida Building Code, Plumbing; Section

21  612--Wells, pumps, and tanks used for private potable water

22  systems. In addition, licensed water well contractors may

23  install pumps, tanks, or water conditioning equipment for all

24  water well systems.

25         Section 2.  Subsection (3) of section 489.509, Florida

26  Statutes, is amended to read:

27         489.509  Fees.--

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

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

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

31  Department of Community Affairs Education to fund projects

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  1  relating to the building construction industry or continuing

  2  education programs offered to persons engaged in the building

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

  4  the funds are transferred, advise the Department of Community

  5  Affairs Education on the most needed areas of research or

  6  continuing education based on significant changes in the

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

  8  complaints or on problems costing the state or local

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

10  not binding on the Department of Community Affairs Education.

11  The Department of Education must allocate 50 percent of the

12  funds to a graduate program in building construction in a

13  Florida university and 50 percent of the funds to all

14  accredited private and state universities and community

15  colleges within the state offering approved courses in

16  building construction, with each university or college

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

18  of full-time building construction students enrolled at the

19  institution. The Department of Community Affairs Education

20  shall ensure the distribution of research reports and the

21  availability of continuing education programs to all segments

22  of the building construction industry to which they relate.

23  The Department of Community Affairs Education shall report to

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

25  of the funds by institution and summarizing the new projects

26  funded and the status of previously funded projects. The

27  Commissioner of Education is directed to appoint one

28  electrical contractor and one certified alarm system

29  contractor to the Building Construction Industry Advisory

30  Committee.

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  1         Section 3.  Subsections (7) through (15) of section

  2  553.36, Florida Statutes, are renumbered as subsections (8)

  3  through (16), respectively, and a new subsection (7) is added

  4  to said section to read:

  5         553.36  Definitions.--The definitions contained in this

  6  section govern the construction of this part unless the

  7  context otherwise requires.

  8         (7)  "Factory-built school shelter" means any

  9  site-assembled or factory-built school building that is

10  designed to be portable, relocatable, demountable, or

11  reconstructible that complies with the provisions for enhanced

12  hurricane protection areas as required by the applicable code.

13         Section 4.  Subsections (7), (9), and (13) of section

14  553.415, Florida Statutes, are amended to read:

15         553.415  Factory-built school buildings.--

16         (7)  A standard plan approval may be obtained from the

17  department for factory-built school buildings and such

18  department-approved plans shall be accepted by the enforcement

19  agency as approved for the purpose of obtaining a construction

20  permit for the structure itself. The department, or its

21  designated representative, shall determine if the plans

22  qualify for purposes of a factory-built school shelter, as

23  defined in s. 553.36.

24         (9)  The school district or community college district

25  for which any factory-built school building is constructed or

26  altered shall provide for periodic inspection of the proposed

27  factory-built school building during each phase of

28  construction or alteration. The inspector shall act under the

29  direction of the governing board for employment purposes. A

30  school district or community college district may charge the

31  manufacturer of such buildings for services at reasonable

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  1  rates comparable to those charged for similar services by

  2  approved inspection agencies. Periodic inspections of

  3  factory-built school buildings may also be conducted by an

  4  approved inspection agency as defined in s. 553.36(2).

  5         (13)  As of July 1, 2001, all existing and newly

  6  constructed factory-built school buildings shall bear a label

  7  pursuant to subsection (12). As of January 1, 2002, existing

  8  factory-built school buildings and manufactured buildings used

  9  as classrooms not bearing such label shall not be used as

10  classrooms pursuant to s. 235.061.

11         Section 5.  Effective July 1, 2001, section 553.505,

12  Florida Statutes, is amended to read:

13         553.505  Exceptions to applicability of the Americans

14  with Disabilities Act.--Notwithstanding the Americans with

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

16  553.501-553.513. Parking spaces, parking lots, and other

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

18  that section provides increased accessibility.

19         Section 6.  Effective July 1, 2001, section 553.507,

20  Florida Statutes, is amended to read:

21         553.507  Exemptions.--Sections 553.501-553.513 and s.

22  316.1955(4) do not apply to any of the following:

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

24  either under construction or under contract for construction

25  on October 1, 1997.

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

27  existence on October 1, 1997, unless:

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

29  converted from residential to nonresidential or mixed use, as

30  defined by local law;

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  1         (b)  The proposed alteration or renovation of the

  2  building, structure, or facility will affect usability or

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

  4  303(a) of the Americans with Disabilities Act of 1990; or

  5         (c)  The original construction or any former alteration

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

  7  carried out in violation of applicable permitting law.

  8         Section 7.  Subsections (2) and (3), paragraph (b) of

  9  subsection (4), and subsections (5), (6), and (7) of section

10  553.73, Florida Statutes, as amended by chapters 98-287,

11  98-419, 2000-141, and 2000-154, Laws of Florida, are amended,

12  and subsections (8), (9), and (10) of said section are

13  renumbered as subsections (9), (10), and (11), respectively,

14  to read:

15         553.73  Florida Building Code.--

16         (2)  The Florida Building Code shall contain provisions

17  or requirements for public and private buildings, structures,

18  and facilities relative to structural, mechanical, electrical,

19  plumbing, energy, and gas systems, existing buildings,

20  historical buildings, manufactured buildings, elevators,

21  coastal construction, lodging facilities, food sales and food

22  service facilities, health care facilities, including assisted

23  living facilities, adult day care facilities, and facilities

24  for the control of radiation hazards, public or private

25  educational facilities, swimming pools, and correctional

26  facilities and enforcement of and compliance with such

27  provisions or requirements. Additionally, the Florida Building

28  Code shall provide for uniform implementation of ss. 515.25,

29  515.27, and 515.29 by including standards and criteria for

30  residential swimming pool barriers, pool covers, latching

31  devices, door and window exit alarms, and other equipment

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  1  required in such sections, which are consistent with the

  2  intent of s. 515.23. Technical provisions to be contained

  3  within the Florida Building Code are restricted to

  4  requirements related to the types of materials used and

  5  construction methods and standards employed in order to meet

  6  criteria specified in the Florida Building Code. Provisions

  7  relating to the personnel, supervision or training of

  8  personnel, or any other professional qualification

  9  requirements relating to contractors or their workforce may

10  not be included within the Florida Building Code, and

11  subsections (4), (5), and (6) are not to be construed to allow

12  the inclusion of such provisions within the Florida Building

13  Code by amendment. This restriction applies to both initial

14  development and amendment of the Florida Building Code.

15         (3)  The commission shall select from available

16  national or international model building codes, or other

17  available building codes and standards currently recognized by

18  the laws of this state, to form the foundation for the Florida

19  Building Code. The commission may modify the selected model

20  codes and standards as needed to accommodate the specific

21  needs of this state. For the purposes of this part, the term

22  "specific needs" means needs identified as unique physical

23  characteristics that relate to this state's geography,

24  climatic condition, soil, topography, or other conditions that

25  are measurably different from other areas of the nation and

26  the commission determines that the model code does not

27  adequately provide a standard of safety or protection for the

28  state. Standards or criteria referenced by the selected model

29  codes shall be similarly incorporated by reference.  If a

30  referenced standard or criterion requires amplification or

31  modification to be appropriate for use in this state, only the

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  1  amplification or modification shall be specifically set forth

  2  in the Florida Building Code.

  3         (a)  The Florida Building Commission may approve

  4  technical amendments to the code after the amendments have

  5  been subjected to the following conditions:

  6         1.  The proposed amendment has been published on the

  7  commission's website for a minimum of 45 days and all the

  8  associated documentation has been made available to any

  9  interested party before any consideration by any technical

10  advisory committee.

11         2.  In order for a technical advisory committee to make

12  a favorable recommendation to the commission, the proposal

13  must receive a three-fourths vote of the members present at

14  the technical advisory committee's meeting, and at least half

15  of the regular members must be present in order to conduct a

16  meeting.

17         3.  After consideration by a technical advisory

18  committee and a recommendation for approval of any proposed

19  amendment, the proposal must be published on the commission's

20  website for not less than 45 days before any consideration by

21  the commission.

22         (b)  Any proposal may be modified by the commission

23  based on public testimony and evidence from a public hearing

24  held in accordance with chapter 120.

25

26  The commission shall incorporate within sections of the

27  Florida Building Code provisions which address regional and

28  local concerns and variations. The commission shall make every

29  effort to minimize conflicts between the Florida Building

30  Code, the Florida Fire Prevention Code, and the Life Safety

31  Code.

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  1         (4)

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

  3  of this section, adopt amendments to the technical provisions

  4  of the Florida Building Code which apply solely within the

  5  jurisdiction of such government and which provide for more

  6  stringent requirements than those specified in the Florida

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

  8         1.  The local governing body determines, following a

  9  public hearing which has been advertised in a newspaper of

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

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

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

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

14  demonstrates that local conditions justify more stringent

15  requirements than those specified in the Florida Building Code

16  for the protection of life and property.

17         2.  Such additional requirements are not discriminatory

18  against materials, products, or construction techniques of

19  demonstrated capabilities.

20         3.  Such additional requirements may not introduce a

21  new subject not addressed in the Florida Building Code.

22         4.  The enforcing agency shall make readily available,

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

24  section.

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

26  transmitted within 30 days by the adopting local government to

27  the commission.  The commission shall maintain copies of all

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

29  the public.

30         6.  Any amendment to the Florida Building Code adopted

31  by a local government pursuant to this paragraph shall be

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

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

  3  such time, the commission shall review such amendment for

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

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

  6  the amendment.  The commission shall immediately notify the

  7  respective local government of the rescission of any

  8  amendment. After receiving such notice, the respective local

  9  government may readopt the rescinded amendment pursuant to the

10  provisions of this paragraph.

11         7.  Each county and municipality desiring to make local

12  technical amendments to the Florida Building Code shall by

13  interlocal agreement establish a countywide compliance review

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

15  adopted by a local government within the county pursuant to

16  this paragraph, that is challenged by any substantially

17  affected party for purposes of determining the amendment's

18  compliance with this paragraph. If the compliance review board

19  determines such amendment is not in compliance with this

20  paragraph, the compliance review board shall notify such local

21  government of the noncompliance and that the amendment is

22  invalid and unenforceable until the local government corrects

23  the amendment to bring it into compliance. The local

24  government may appeal the decision of the compliance review

25  board to the commission, which shall conduct a hearing under

26  chapter 120 and the uniform rules of procedure.  If the

27  compliance review board determines such amendment to be in

28  compliance with this paragraph, any substantially affected

29  party may appeal such determination to the commission, which

30  shall conduct a hearing under chapter 120 and the uniform

31  rules of procedure. Actions of the commission are subject to

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  1  judicial review pursuant to s. 120.68. The compliance review

  2  board shall determine whether its decisions apply to a

  3  respective local jurisdiction or apply countywide.

  4         8.  An amendment adopted under this paragraph shall

  5  include a fiscal impact statement which documents the costs

  6  and benefits of the proposed amendment.  Criteria for the

  7  fiscal impact statement shall include the impact to local

  8  government relative to enforcement, the impact to property and

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

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

11  a basis for challenging the amendment for compliance.

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

13  commission may review any amendments adopted pursuant to this

14  subsection and make nonbinding recommendations related to

15  compliance of such amendments with this subsection.

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

17  120.536(1) and 120.54, shall update the Florida Building Code

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

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

20  commission is deemed adopted for use statewide without

21  adoptions by local government. For a building permit for which

22  an application is submitted prior to the effective date of the

23  Florida Building Code, the state minimum building code in

24  effect in the permitting jurisdiction on the date of the

25  application governs the permitted work for the life of the

26  permit and any extension granted to the permit.

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

28  120.536(1) and 120.54, shall update the Florida Building Code

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

30  commission shall consider changes made by the adopting entity

31  of any selected model code for any model code incorporated

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

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

  3  code, no sooner than 6 months after such model code has been

  4  adopted by the adopting entity, which may then be modified for

  5  this state as provided in this section, and shall further

  6  consider the commission's own interpretations, declaratory

  7  statements, appellate decisions, and approved statewide and

  8  local technical amendments. A change made by an institute or

  9  standards organization to any standard or criterion that is

10  adopted by reference in the Florida Building Code does not

11  become effective statewide until it has been adopted by the

12  commission. Furthermore, the edition of the Florida Building

13  Code which is in effect on the date of application for of any

14  permit authorized by the code governs the permitted work for

15  the life of the permit and any extension granted to the

16  permit. Any amendment to the Florida Building Code which is

17  adopted upon a finding by the commission that the amendment is

18  necessary to protect the public from immediate threat of harm

19  takes effect immediately.

20         (7)(6)(a)  The commission may approve technical

21  amendments to the Florida Building Code once each year for

22  statewide or regional application upon a finding that the

23  amendment:

24         1.  Has a reasonable and substantial connection with

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

26         2.  Strengthens or improves the Florida Building Code,

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

28  equivalent or better products or methods or systems of

29  construction.

30

31

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  1         3.  Does not discriminate against materials, products,

  2  methods, or systems of construction of demonstrated

  3  capabilities.

  4         4.  Does not degrade the effectiveness of the Florida

  5  Building Code.

  6

  7  Furthermore, the Florida Building Commission may approve

  8  technical amendments to the code once each year to incorporate

  9  into the Florida Building Code its own interpretations of the

10  code which are embodied in its opinions and declaratory

11  statements. Amendments approved under this paragraph shall be

12  adopted by rule pursuant to ss. 120.536(1) and 120.54, after

13  the amendments have been subjected to the requirements of

14  subsection (3).

15         (b)  A proposed amendment shall include a fiscal impact

16  statement which documents the costs and benefits of the

17  proposed amendment.  Criteria for the fiscal impact statement

18  shall be established by rule by the commission and shall

19  include the impact to local government relative to

20  enforcement, the impact to property and building owners, as

21  well as to industry, relative to the cost of compliance.

22         (c)  The commission may not approve any proposed

23  amendment that does not accurately and completely address all

24  requirements for amendment which are set forth in this

25  section.

26         (8)(7)  The following buildings, structures, and

27  facilities are exempt from the Florida Building Code as

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

29  determined by the Legislature and provided by law:

30         (a)  Buildings and structures specifically regulated

31  and preempted by the Federal Government.

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  1         (b)  Railroads and ancillary facilities associated with

  2  the railroad.

  3         (c)  Nonresidential farm buildings on farms.

  4         (d)  Temporary buildings or sheds used exclusively for

  5  construction purposes.

  6         (e)  Mobile homes used as temporary offices, except

  7  that the provisions of part V relating to accessibility by

  8  persons with disabilities shall apply to such mobile homes.

  9         (f)  Those structures or facilities of electric

10  utilities, as defined in s. 366.02, which are directly

11  involved in the generation, transmission, or distribution of

12  electricity.

13         (g)  Temporary sets, assemblies, or structures used in

14  commercial motion picture or television production, or any

15  sound-recording equipment used in such production, on or off

16  the premises.

17         (h)  Manufactured storage sheds which are not designed

18  for human habitation and that have a floor area of 720 square

19  feet or less are not required to comply with the mandatory

20  wind-borne-debris impact standards of the Florida Building

21  Code.

22

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

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

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

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

27  categories of buildings exempted in this section, including

28  exceptions for application of specific sections of the code or

29  standards adopted therein. The Department of Agriculture and

30  Consumer Services shall have exclusive authority to adopt by

31  rule, pursuant to chapter 120, exceptions to nonresidential

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  1  farm buildings exempted in paragraph (c) when reasonably

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

  3  exceptions must be based upon specific criteria, such as

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

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

  6  the commission may recommend to the Legislature additional

  7  categories of buildings, structures, or facilities which

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

  9  provided by law.

10         Section 8.  Paragraphs (e) and (h) of subsection (1)

11  and subsection (6) of section 553.77, Florida Statutes, as

12  amended by chapters 98-287 and 2000-141, Laws of Florida, are

13  amended, and subsection (7) is added to said section, to read:

14         553.77  Specific powers of the commission.--

15         (1)  The commission shall:

16         (e)  When requested in writing by any substantially

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

18  shall issue declaratory statements pursuant to s. 120.565

19  relating to this part and ss. 515.25, 515.27, 515.29, and

20  515.37.  Actions of the commission are subject to judicial

21  review pursuant to s. 120.68.

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

23  appeal regarding interpretation decisions of local building

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

25  decisions of the building officials regarding interpretations

26  of the code.  For such appeals:

27         1.  Local decisions declaring structures to be unsafe

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

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

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

31

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

  2  jurisdiction defending the appeal.

  3         3.  Hearings shall be conducted pursuant to chapter 120

  4  and the uniform rules of procedure, and decisions Actions of

  5  the commission are subject to judicial review pursuant to s.

  6  120.68.

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

  8  review and approval of prototype buildings owned by public and

  9  private entities to be replicated throughout the state. The

10  rule shall allow for review and approval of plans for

11  prototype buildings to be performed by a public or private

12  entity with oversight by the commission. The department may

13  charge reasonable fees to cover the administrative costs of

14  the program. Such approved plans or prototype buildings shall

15  be exempt from further review required by s. 553.79(2), except

16  changes to the prototype design, site plans, and other

17  site-related items. As provided in s. 553.73, prototype

18  buildings are exempt from, or any locally adopted local

19  amendment to any part of the Florida Building Code.

20  Construction or erection of such prototype buildings is

21  subject to local permitting and inspections pursuant to this

22  part.

23         (7)  The commission may produce and distribute a

24  commentary document to accompany the Florida Building Code.

25  The commentary shall be limited in effect to providing

26  technical assistance and shall not have the effect of binding

27  interpretations of the code document itself.

28         Section 9.  Subsections (2) and (6) of section 553.79,

29  Florida Statutes, as amended by chapters 98-287 and 2000-141,

30  Laws of Florida, are amended to read:

31         553.79  Permits; applications; issuance; inspections.--

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  1         (2)  Except as provided in subsection (6), an No

  2  enforcing agency may issue any permit for construction,

  3  erection, alteration, modification, repair, or demolition of

  4  any building or structure until the local building code

  5  administrator or inspector has reviewed the plans and

  6  specifications required by the Florida Building Code, or local

  7  amendment to the code, for such proposal and found the plans

  8  to be in compliance with the Florida Building Code. In

  9  addition, an enforcing agency may not issue any permit for

10  construction, erection, alteration, modification, repair, or

11  demolition of any building until the appropriate firesafety

12  inspector certified pursuant to s. 633.081 has reviewed the

13  plans and specifications required by the Florida Building

14  Code, or local amendment to the code, for such proposal and

15  found that the plans comply with the Florida Fire Prevention

16  Code and the Life Safety Code. Any building or structure which

17  is not subject to a firesafety code shall not be required to

18  have its plans reviewed by the firesafety inspector. Any

19  building or structure that is exempt from the local building

20  permit process may not be required to have its plans reviewed

21  by the local building code administrator. Industrial

22  construction on sites where design, construction, and

23  firesafety are supervised by appropriate design and inspection

24  professionals and which contain adequate in-house fire

25  departments and rescue squads is exempt, subject to local

26  government option, from review of plans and inspections,

27  providing owners certify that applicable codes and standards

28  have been met and supply appropriate approved drawings to

29  local building and firesafety inspectors.  The enforcing

30  agency shall issue a permit to construct, erect, alter,

31  modify, repair, or demolish any building or structure when the

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  1  plans and specifications for such proposal comply with the

  2  provisions of the Florida Building Code and the Florida Fire

  3  Prevention Code and the Life Safety Code as determined by the

  4  local authority in accordance with this chapter and chapter

  5  633.

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

  7  construction, erection, alteration, modification, repair, or

  8  addition unless the applicant for such permit complies with

  9  the requirements for plan review established by the Florida

10  Building Commission within the Florida Building Code. However,

11  the code shall set standards and criteria to authorize

12  preliminary construction before completion of all building

13  plans review, including, but not limited to, special permits

14  for the foundation only, and such standards shall take effect

15  concurrent with the first effective date of the Florida

16  Building Code.

17         Section 10.  Effective upon this act becoming a law,

18  section 553.8412, Florida Statutes, is created to read:

19         553.8412  Legislative intent; delivery of training;

20  outsourcing.--

21         (1)  The Legislature finds that the number of licensees

22  who will require initial training for the Florida Building

23  Code is in excess of 100,000.  It is the intent of the

24  Legislature that the Florida Building Commission make sure

25  that initial training for the Florida Building Code be

26  achieved as soon as practicable to ensure compliance.  It is

27  further the intent of the Legislature that the Florida

28  Building Commission encourage and promote improved

29  coordination between industry associations as a way to achieve

30  better compliance with the building codes of this state.

31

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  1         (2)  Not more than 60 days after the effective date of

  2  this section, the Florida Building Commission and the

  3  department shall provide for statewide outreach for training

  4  in the Florida Building Code.  The Florida Building Commission

  5  and the department shall achieve statewide outreach for

  6  training through organizations, including, but not limited to,

  7  existing licensee trade and professional associations.  The

  8  Florida Building Commission or the department may not exclude

  9  participation in statewide outreach by any trade or

10  professional association which has as its primary constituency

11  members who are required to comply with the training

12  requirements of the Florida Building Code.  Wherever possible

13  and by contract pursuant to s. 287.057, the Florida Building

14  Commission and the department shall outsource components,

15  outreach, and coordination of training and the training itself

16  to prevent duplication and ensure the most expeditious and

17  consistent delivery and minimize administrative costs to the

18  commission and the department.  Nothing in this section shall

19  prohibit any qualified entity from providing training in the

20  Florida Building Code.

21         (3)  To the extent available, funding for outreach,

22  coordination of training, or training may come from existing

23  resources.  If necessary, the Florida Building Commission or

24  the department may seek additional or supplemental funds

25  pursuant to s. 215.559.  Nothing in this section shall

26  preclude the Florida Building Commission from charging a fee

27  for the training course meeting the intent of s. 553.841(5).

28         (4)  This section is repealed June 30, 2003, unless

29  reenacted before that date.

30         Section 11.  Effective July 1, 2001, section 553.842,

31  Florida Statutes, is amended to read:

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  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.

  8  The product evaluation and approval system shall provide:

  9         (a)  Appropriate promotion of innovation and new

10  technologies.

11         (b)  Processing submittals of products from

12  manufacturers in a timely manner.

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

14  testing and laboratory facilities, product evaluation

15  entities, quality assurance agencies, certification agencies,

16  and validation agencies.

17         (d)  An easily accessible product acceptance list to

18  entities subject to the Florida Building Code.

19         (e)  Development of stringent but reasonable testing

20  criteria based upon existing consensus standards, when

21  available, for products.

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

23  local approvals shall be valid until the requirements of the

24  code on which the approval is based change, the product

25  changes, or the approval is revoked.

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

27  approval.

28         (h)  Cost-effectiveness.

29         (2)  The product evaluation and approval system shall

30  rely on regional, national, and international consensus

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

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  1  demonstrating compliance with code standards. Other standards

  2  which meet or exceed established state requirements shall also

  3  be considered.

  4         (3)  Products or methods or systems of construction

  5  that require approval under s. 553.77, that have standardized

  6  testing or comparative or rational analysis methods

  7  established by the code, required to be approved and that are

  8  certified by an approved product evaluation entity, testing

  9  laboratory, or certification agency as complying with the

10  standards specified by the code shall be approved for local or

11  statewide use by one of the methods established in subsection

12  (6) permitted to be used statewide, without further evaluation

13  or approval.

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

15  of construction requiring approval under s. 553.77 shall be

16  approved by one of the methods established in subsection (5)

17  or subsection (6) before being used in construction in this

18  state. Products may be approved either by the commission for

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

20  that department's jurisdiction only. Notwithstanding a local

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

22  provided in this act, statewide approval shall preclude local

23  jurisdictions from requiring further testing, evaluation, or

24  submission of other evidence as a condition of using the

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

26  the conditions of its approval.

27         (5)  Statewide and Local approval of products or

28  methods or systems of construction may shall be achieved by

29  the local building official through building plans review and

30  inspection to determine that the product, method, or system of

31  construction complies with the prescriptive standards

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  1  established in the code. Alternatively, local approval may be

  2  achieved by one of the methods established in subsection (6).

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

  4  or systems of construction may be achieved by one of the

  5  following methods, one of which shall be used by local

  6  officials or the commission to approve panel walls, exterior

  7  doors, roofing, skylights, windows, shutters, and structural

  8  components as established by the commission by rule:

  9         (a)  Products for which the code establishes

10  standardized testing or comparative or rational analysis

11  methods shall be approved by submittal and validation of one

12  of the following reports or listings indicating that the

13  product or method or system of construction was evaluated to

14  be in compliance with the Florida Building Code and that the

15  product or method or system of construction is, for the

16  purpose intended, at least equivalent to that required by the

17  Florida Building Code:

18         1.  A certification mark or listing of an approved

19  certification agency;

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

21         3.  A product evaluation report based upon testing or

22  comparative or rational analysis, or a combination thereof,

23  from an approved product evaluation entity; or

24         4.  A product evaluation report based upon testing or

25  comparative or rational analysis, or a combination thereof,

26  developed and signed and sealed by a professional engineer or

27  architect, licensed in this state, who has no conflict of

28  interest, as established by the commission by rule.

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

30  which there are no specific standardized testing or

31  comparative or rational analysis methods established in the

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  1  code may be approved by submittal and validation of one of the

  2  following:

  3         1.  A product evaluation report based upon testing or

  4  comparative or rational analysis, or a combination thereof,

  5  from an approved product evaluation entity indicating that the

  6  product or method or system of construction was evaluated to

  7  be in compliance with the intent of the Florida Building Code

  8  and that the product or method or system of construction is,

  9  for the purpose intended, at least equivalent to that required

10  by the Florida Building Code; or

11         2.  A product evaluation report based upon testing or

12  comparative or rational analysis, or a combination thereof,

13  developed and signed and sealed by a professional engineer or

14  architect licensed in this state who has no conflict of

15  interest, as established by the commission by rule, and who

16  certifies that the product or method or system of construction

17  is, for the purpose intended, at least equivalent to that

18  required by the Florida Building Code.

19         (7)  The commission shall ensure that product

20  manufacturers operate quality assurance programs for all

21  approved products. The commission shall adopt by rule criteria

22  for operation of such quality assurance programs.

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

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

25  rule criteria constituting complete validation by the local

26  official. For state approvals, validation shall be performed

27  by validation entities approved by the commission. The

28  commission shall adopt by rule criteria for approval of

29  validation entities, which shall be third-party entities

30  independent of the product's manufacturer and which shall

31

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

  2  code.

  3         (9)  The commission may adopt rules to approve the

  4  following types of entities that produce information on which

  5  product approvals are based:

  6         (a)  Evaluation entities that meet the criteria for

  7  approval adopted by the commission by rule. The commission

  8  shall specifically approve the National Evaluation Service,

  9  the International Conference of Building Officials Evaluation

10  Services, the Building Officials and Code Administrators

11  International Evaluation Services, the Southern Building Code

12  Congress International Evaluation Services, and the Miami-Dade

13  County Building Code Compliance Office Product Control.

14         (b)  Testing laboratories accredited by national

15  organizations such as A2LA and the National Voluntary

16  Laboratory Accreditation Program or accredited by evaluation

17  entities approved under paragraph (a) and laboratories that

18  comply with other guidelines for testing laboratories selected

19  by the commission and adopted by rule.

20         (c)  Quality-assurance entities approved by evaluation

21  entities approved under paragraph (a) and by certification

22  agencies approved under paragraph (d) and other

23  quality-assurance entities that comply with guidelines

24  selected by the commission and adopted by rule.

25         (d)  Certification agencies accredited by nationally

26  recognized accreditors and other certification agencies that

27  comply with guidelines selected by the commission and adopted

28  by rule.

29         (e)  Validation entities that comply with accreditation

30  standards established by the commission by rule.:

31

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  1         (a)  Submittal and validation of a product evaluation

  2  report from an approved product evaluation entity indicating

  3  the product or method or system of construction was tested to

  4  be in compliance with the Florida Building Code or with the

  5  intent of the Florida Building Code and the product or method

  6  or system of construction is, for the purpose intended, at

  7  least equivalent of that required by the Florida Building

  8  Code; or

  9         (b)  Submittal and validation of a product evaluation

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

11  professional engineer or architect, licensed in this state,

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

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

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

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

16  product approved under this procedure shall be required to be

17  manufactured under a quality assurance program, certified by

18  an approved product evaluation entity.

19         (10)(6)  A building official may deny the local

20  application of a product or method or system of construction

21  which has received statewide approval, based upon a written

22  report signed by the official that concludes the product

23  application is inconsistent with the statewide approval and

24  that states the reasons the application is inconsistent.  Such

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

26  appeals of the building official's interpretation of the code.

27         (11)(7)  Products, other than manufactured buildings,

28  which are custom fabricated or assembled shall not require

29  separate approval under this section provided the component

30  parts have been approved for the fabricated or assembled

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

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  1  requirements of the Florida Building Code which applies to the

  2  product's intended use.

  3         (12)(8)  A building official may appeal the required

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

  5  construction to the commission. The commission shall conduct a

  6  hearing under chapter 120 and the uniform rules of procedure

  7  and shall establish expedited procedures to handle such

  8  appeals in an expedited manner.

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

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

11  board exists, and then to the commission, which shall conduct

12  a hearing under chapter 120 and the uniform rules of

13  procedure. Decisions of the commission regarding statewide

14  product approvals and appeals of local product approval shall

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

16         (14)(10)  The commission shall maintain a list of the

17  state-approved approved products, and product evaluation

18  entities, testing laboratories, quality-assurance agencies,

19  certification agencies, and validation entities and make such

20  lists list available in the most cost-effective manner.  The

21  commission shall establish reasonable timeframes associated

22  with the product approval process and availability of the

23  list.

24         (15)  The commission shall establish by rule criteria

25  for revocation of product approvals as well as revocation of

26  approvals of product evaluation entities, testing

27  laboratories, quality-assurance entities, certification

28  agencies, and validation entities. Revocation is governed by

29  s. 120.60 and the uniform rules of procedure.

30         (16)  The commission shall establish a schedule for

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

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  1  the product manufacturing industry has sufficient time to

  2  revise products to meet the requirements for approval and

  3  submit the products for testing or evaluation before the

  4  system takes effect on October 1, 2003, and to ensure that the

  5  availability of statewide approval is not delayed.

  6         (11)  The commission may establish reasonable and

  7  appropriate fees for the review of rational analyses and

  8  certification of manufactured buildings submitted pursuant to

  9  this section and may enter into any contracts the commission

10  deems necessary in order to implement this section.

11         (12)  Products certified or approved for statewide or

12  local use by an approved product evaluation entity prior to

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

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

15  with this section.

16

17  For purposes of this section, an approved product evaluation

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

19  recognized independent evaluation authority or entity

20  otherwise approved by the commission.

21         Section 12.  Effective July 1, 2001, subsection (2) of

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

23         553.895  Firesafety.--

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

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

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

27  regardless of occupancy classification and including any

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

29  with an automatic sprinkler system installed in compliance

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

31  adopted pursuant thereto.  A stand-alone parking garage

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  1  constructed with noncombustible materials, the design of which

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

  3  the atmosphere on all sides with percentages of openings as

  4  prescribed in the applicable building code, and which parking

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

  6  is exempt from the requirements of this subsection.

  7  Telecommunications spaces located within telecommunications

  8  buildings, if the spaces are equipped to meet an equivalent

  9  fire-prevention standard approved by both the Florida Building

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

11  requirements of this subsection.  In a building less than 75

12  feet in height which is protected throughout with an approved

13  and maintained fire sprinkler system, a manual wet standpipe,

14  as defined in the National Fire Protection Association

15  Standard 14, Standard for the Installation of Standpipe,

16  Private Hydrant, and Hose Systems, shall be allowed.

17         Section 13.  The Florida Building Commission shall

18  research the issue of adopting a rehabilitation code for the

19  state and shall report to the Legislature before the 2002

20  Regular Session regarding the feasibility of adopting such a

21  code. The commission shall review the rehabilitation codes

22  adopted by other states as part of its research.

23         Section 14.  The Florida Building Commission shall

24  research the issue of requiring all primary elevators in

25  buildings with more than five levels to operate with a

26  universal key for purposes of allowing access and operation by

27  emergency personnel. The commission shall report its

28  recommendations to the Legislature before the 2002 Regular

29  Session.

30         Section 15.  Notwithstanding the effective date

31  specified in the sections or directories of sections of the

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  1  Laws of Florida specified in this section, effective upon the

  2  earlier of June 30, 2001, or the date this act becomes a law,

  3  the effective date of:

  4         (1)  Sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18,

  5  21, 24, 29, 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56

  6  of chapter 98-287, Laws of Florida, as amended by chapter

  7  2000-141, Laws of Florida;

  8         (2)  Section 61 of chapter 98-419, Laws of Florida, as

  9  amended by chapter 2000-141, Laws of Florida; and

10         (3)  Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14,

11  15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32,

12  36, 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70, 71,

13  72, 75, 79, 81, 84, 86, 87, 88, 91, 92, 93, and 94 of chapter

14  2000-141, Laws of Florida,

15

16  is changed from July 1, 2001, to October 1, 2001.

17         Section 16.  Effective upon this act becoming a law,

18  section 135 of chapter 2000-141, Laws of Florida, is amended

19  to read:

20         Section 135.  Effective October July 1, 2001,

21  subsection (2) of section 255.21, Florida Statutes, paragraphs

22  (d) and (e) of subsection (1) of section 395.1055, Florida

23  Statutes, and subsection (11) of section 553.79, Florida

24  Statutes, are repealed.

25         Section 17.  Effective upon this act becoming a law,

26  subsection (2) of section 62 of chapter 98-287, Laws of

27  Florida, as amended by section 107 of chapter 2000-141, Laws

28  of Florida, is amended to read:

29         Section 107.  Section 62 of chapter 98-287, Laws of

30  Florida, is amended to read:

31         Section 62.

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  1         (2)  Effective October July 1, 2001, all existing local

  2  technical amendments to any building code adopted by any local

  3  government, except for local ordinances setting forth

  4  administrative requirements which are not in conflict with the

  5  Florida Building Code, are repealed. Each local government may

  6  readopt such amendments pursuant to s. 553.73, Florida

  7  Statutes, provided such amendments comply with applicable

  8  provisions of the Florida Building Code.

  9         Section 18.  Effective upon this act becoming a law,

10  section 68 of chapter 98-287, Laws of Florida, as amended by

11  section 108 of chapter 2000-141, Laws of Florida, is amended

12  to read:

13         Section 108.  Section 68 of chapter 98-287, Laws of

14  Florida, is amended to read:

15         Section 68.  Effective October July 1, 2001, parts I,

16  II, and III of chapter 553, Florida Statutes, consisting of

17  sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05,

18  553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,

19  553.16, 553.17, 553.18, 553.20, 553.21, 553.22, 553.23,

20  553.24, 553.25, 553.26, 553.27, and 553.28, Florida Statutes,

21  are repealed, section 553.141, Florida Statutes, is

22  transferred and renumbered as section 553.86, Florida

23  Statutes.

24         Section 19.  Funds that are available under ss.

25  489.109(3) and 489.509(3), Florida Statutes, shall be

26  allocated and expended by the Florida Building Commission as

27  provided in this section.

28         (1)  The Florida Building Commission shall appoint

29  those members of the Building Construction Industry Advisory

30  Committee on October 1, 2001, as established by Rule

31  6A-10.029, Florida Administrative Code, to the Education

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  1  Technical Advisory Committee of the Florida Building

  2  Commission to complete their terms of office. Members of the

  3  Florida Building Commission shall also be appointed to the

  4  Education Technical Advisory Committee. The members of the

  5  committee shall broadly represent the building construction

  6  industry and the committee shall consist of no fewer than 10

  7  members. The chair of the Florida Building Commission shall

  8  annually designate the chair of the committee. The terms of

  9  committee members shall be 2 years each and members may be

10  reappointed at the discretion of the Florida Building

11  Commission.

12         (2)  The Educational Technical Advisory Committee

13  shall:

14         (a)  Advise the commission on any policies or

15  procedures needed to administer ss. 489.109(3) and 489.509(3),

16  Florida Statutes.

17         (b)  Advise the commission on administering s. 553.841,

18  Florida Statutes.

19         (c)  Advise the commission on areas of priority for

20  which funds should be expended for research and continuing

21  education.

22         (d)  Review all proposed research and continuing

23  education projects and recommend to the commission projects

24  that should be funded and the amount of funds to be provided

25  for each project.

26         (3)  Each biennium, upon receipt of funds by the

27  Department of Community Affairs from the Construction Industry

28  Licensing Board and the Electrical Contractors' Licensing

29  Board provided under ss. 489.109(3) and 489.509(3), Florida

30  Statutes, the commission shall determine the amount of funds

31  available for research projects from the proceeds of

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  1  contractor licensing fees and identify, solicit, and accept

  2  funds from other sources for research and continuing education

  3  projects.

  4         (4)  If funds collected for research projects in any

  5  year do not require the use of all available funds, the unused

  6  funds shall be carried forward and allocated for use during

  7  the following fiscal year.

  8         Section 20.  (1)  The Florida Building Commission shall

  9  convene an ad hoc subcommittee composed of 11 members

10  appointed by the chair of the commission, consisting of:

11         (a)  Five members from the Building Officials

12  Association of Florida.

13         (b)  Two members from the Associated General

14  Contractors of Florida.

15         (c)  One member from the Florida Homebuilders

16  Association.

17         (d)  One member from the Florida Engineering Society.

18         (e)  One member from the American Institute of

19  Architects.

20         (f)  One Insurance Industry Representative.

21         (2)  The subcommittee shall meet at least four times

22  prior to January 1, 2002.  Members may participate in any

23  meeting via telephone conference if the technology is

24  available at the meeting location.  Members shall serve on a

25  voluntary basis, without compensation and without

26  reimbursement of per diem and travel expenses.

27         (3)  The subcommittee shall examine the various

28  processes used by local building officials throughout the

29  state in conducting plans review for the construction,

30  alteration, repair, or improvement of real property and

31  approving building permit applications, as well as those

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  1  processes used by local building officials in conducting

  2  required inspections for construction, alteration, repair, or

  3  improvement of real property and issuing certificates of

  4  occupancy.  The subcommittee shall make recommendations on the

  5  following:

  6         (a)  A procedure by which the public could elect to

  7  engage an engineer or architect to perform plans review and

  8  inspection for the construction, alteration, repair, or

  9  improvement of real property.

10         (b)  The appropriate role of the local building

11  official under such procedure and in the resulting issuance of

12  a building permit and certificate of occupancy.

13         (4)  The ad hoc subcommittee shall submit to the

14  Florida Building Commission its recommendations and findings

15  by January 1, 2002.  The commission shall submit to the

16  Governor, the Speaker of the House of Representatives, and the

17  President the Senate, before the beginning of the next regular

18  session of the Legislature, a report of its findings, which

19  shall include the recommendations of the ad hoc committee.

20         (5)  The Department of Community Affairs shall provide

21  logistical and staff support for the ad hoc subcommittee.

22         Section 21.  Subsection (14) of section 316.515,

23  Florida Statutes, is amended to read:

24         316.515  Maximum width, height, length.--

25         (14)  MANUFACTURED BUILDINGS.--The Department of

26  Transportation may, in its discretion and upon application and

27  good cause shown therefor that the same is not contrary to the

28  public interest, issue a special permit for truck

29  tractor-semitrailer combinations where the total number of

30  overwidth deliveries of manufactured buildings, as defined in

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  1  s. 553.36(12)(11), may be reduced by permitting the use of an

  2  overlength trailer of no more than 54 feet.

  3         Section 22.  Subsections (1) and (5) of section

  4  627.702, Florida Statutes, are amended to read:

  5         627.702  Valued policy law.--

  6         (1)  In the event of the total loss of any building,

  7  structure, mobile home as defined in s. 320.01(2), or

  8  manufactured building as defined in s. 553.36(12)(11), located

  9  in this state and insured by any insurer as to a covered

10  peril, in the absence of any change increasing the risk

11  without the insurer's consent and in the absence of fraudulent

12  or criminal fault on the part of the insured or one acting in

13  her or his behalf, the insurer's liability, if any, under the

14  policy for such total loss shall be in the amount of money for

15  which such property was so insured as specified in the policy

16  and for which a premium has been charged and paid.

17         (5)  This section does not apply as to personal

18  property or any interest therein, except with respect to

19  mobile homes as defined in s. 320.01(2) or manufactured

20  buildings as defined in s. 553.36(12)(11).  Nor does this

21  section apply to coverage of an appurtenant structure or other

22  structure or any coverage or claim in which the dollar amount

23  of coverage available as to the structure involved is not

24  directly stated in the policy as a dollar amount specifically

25  applicable to that particular structure.

26         Section 23.  Subsection (2) of section 553.77, Florida

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

28  Florida, is repealed.

29         Section 24.  Except as otherwise provided herein, this

30  act shall take effect October 1, 2001.

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