SENATE AMENDMENT
Bill No. CS for CS for SB's 336 & 190
Amendment No. ___ Barcode 134464
CHAMBER ACTION
Senate House
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11 Senator Constantine moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Effective upon this act becoming a law,
18 subsection (1) of section 235.061, Florida Statutes, is
19 amended to read:
20 235.061 Standards for relocatables used as classroom
21 space; inspections.--
22 (1) The Commissioner of Education shall adopt rules
23 establishing standards for relocatables intended for long-term
24 use as classroom space at a public elementary school, middle
25 school, or high school. "Long-term use" means the use of
26 relocatables at the same educational plant for a period of 4
27 years or more. These rules must be implemented by July 1,
28 1998, and each relocatable acquired by a district school board
29 after the effective date of the rules and intended for
30 long-term use must comply with the standards. The rules shall
31 require that, by July 1, 2002 July 1, 2001, relocatables that
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1 fail to meet the standards may not be used as classrooms. The
2 standards shall protect the health, safety, and welfare of
3 occupants by requiring compliance with the Uniform Building
4 Code for Public Educational Facilities or other locally
5 adopted state minimum building codes to ensure the safety and
6 stability of construction and onsite installation; fire and
7 moisture protection; air quality and ventilation; appropriate
8 wind resistance; and compliance with the requirements of the
9 Americans with Disabilities Act of 1990. If appropriate, the
10 standards must also require relocatables to provide access to
11 the same technologies available to similar classrooms within
12 the main school facility and, if appropriate, to be accessible
13 by adequate covered walkways. By July 1, 2000, the
14 commissioner shall adopt standards for all relocatables
15 intended for long-term use as classrooms. A relocatable that
16 is subject to this section and does not meet the standards
17 shall not be reported as providing satisfactory student
18 stations in the Florida Inventory of School Houses.
19 Section 2. Effective upon this act becoming a law,
20 subsection (1) of section 235.212, Florida Statutes, is
21 amended to read:
22 235.212 Low-energy use design; solar energy systems;
23 swimming pool heaters.--
24 (1)(a) Passive design elements and low-energy usage
25 features shall be included in the design and construction of
26 new educational facilities. Operable glazing consisting of at
27 least 5 percent of the floor area shall be placed in each
28 classroom located on the perimeter of the building. For a
29 relocatable classroom facility, the area of operable glazing
30 and the area of exterior doors, together, shall consist of at
31 least 5 percent of the floor area. Operable glazing is not
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1 required in community colleges, auxiliary facilities, music
2 rooms, gyms, locker and shower rooms, special laboratories
3 requiring special climate control, and large group instruction
4 areas having a capacity of more than 100 persons.
5 (b) In the remodeling and renovation of educational
6 facilities which have existing natural ventilation, adequate
7 sources of natural ventilation shall be retained, or a
8 combination of natural and low-energy usage mechanical
9 equipment shall be provided that will permit the use of the
10 facility without air-conditioning or heat when ambient
11 conditions are moderate. However, the Commissioner of
12 Education is authorized to waive this requirement when
13 environmental conditions, particularly noise and pollution
14 factors, preclude the effective use of natural ventilation.
15 Section 3. Effective July 1, 2001, subsection (1) of
16 section 255.31, Florida Statutes, as amended by section 15 of
17 chapter 2000-141, Laws of Florida, is amended to read:
18 255.31 Authority to the Department of Management
19 Services to manage construction projects for state and local
20 governments.--
21 (1) The design, construction, erection, alteration,
22 modification, repair, and demolition of all public and private
23 buildings are governed by the Florida Building Code and the
24 Florida Fire Prevention Code, which are to be enforced by
25 local jurisdictions or local enforcement districts unless
26 specifically exempted as provided in s. 553.80. However, the
27 Department of Management Services shall provide the project
28 management and administration services for the construction,
29 renovation, repair, modification, or demolition of buildings,
30 utilities, parks, parking lots, or other facilities or
31 improvements for projects for which the funds are appropriated
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1 to the department; provided that, with the exception of
2 facilities constructed under the authority of chapters 944,
3 945, and 985; the Governor's mansion and grounds thereof, as
4 described in s. 272.18; and the Capitol Building and environs,
5 being that part of the City of Tallahassee bounded on the
6 north by Pensacola and Jefferson Streets, on the east by
7 Monroe Street, on the south by Madison Street, and on the west
8 by Duval Street, the department may not conduct plans reviews
9 or inspection services for consistency with the Florida
10 Building Code. The department's fees for such services shall
11 be paid from such appropriations.
12 Section 4. Subsection (10) is added to section
13 373.323, Florida Statutes, to read:
14 373.323 Licensure of water well contractors;
15 application, qualifications, and examinations; equipment
16 identification.--
17 (10) Water well contractors licensed under this
18 section may install, repair, and modify pumps and tanks in
19 accordance with the Florida Building Code, Plumbing; Section
20 612--Wells pumps and tanks used for private potable water
21 systems. In addition, licensed water well contractors may
22 install pumps, tanks, and water conditioning equipment for all
23 water well systems.
24 Section 5. Effective upon this act becoming a law,
25 section 399.061, Florida Statutes, is amended to read:
26 399.061 Inspections; correction of deficiencies.--
27 (1)(a) All elevators or other conveyances subject to
28 this chapter must be annually inspected by a certified
29 elevator inspector through a third-party inspection service,
30 or by a municipality or county under contract with the
31 division, pursuant to s. 399.13. If the elevator or other
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1 conveyance is by a third-party inspection service certified as
2 a qualified elevator inspector or maintained pursuant to a
3 service maintenance contract continuously in force, it shall
4 be inspected at least once every 2 years by a certified
5 elevator inspector who is not employed by or otherwise
6 associated with the maintenance company; however, if the
7 elevator is not an escalator or a dumbwaiter, serves only two
8 adjacent floors, and is covered by a service maintenance
9 contract, an inspection is not required so long as the service
10 contract remains in effect. A statement verifying the
11 existence, performance, and cancellation of each service
12 maintenance contract must be filed annually with the division
13 as prescribed by rule. All elevators covered by a service
14 maintenance contract shall be inspected by a
15 certificate-of-competency holder at least once every 2 years;
16 however, if the elevator is not an escalator or a dumbwaiter
17 and the elevator serves only two adjacent floors and is
18 covered by a service maintenance contract, no inspection shall
19 be required so long as the service contract remains in effect.
20 (b) The division may inspect an elevator whenever
21 necessary to ensure its safe operation or when a third-party
22 inspection service is not available for a routine inspection.
23 (2) The division may shall employ state elevator
24 inspectors to conduct the inspections as required by
25 subsection (1) and may charge an inspection fee for each
26 inspection in an amount sufficient to cover the costs of that
27 inspection, as provided by rule. Each state elevator inspector
28 shall hold a certificate of competency issued by the division.
29 (3) Whenever the division determines from the results
30 of any inspection that, in the interest of the public safety,
31 an elevator is in an unsafe condition, the division may seal
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1 the elevator or order the discontinuance of the use of the
2 elevator until the division determines by inspection that such
3 elevator has been satisfactorily repaired or replaced so that
4 the elevator may be operated in a safe manner.
5 (4) When the division determines that an elevator is
6 in violation of this chapter, the division may issue an order
7 to the elevator owner requiring correction of the violation.
8 Section 6. Effective upon this act becoming a law,
9 subsection (3) of section 489.509, Florida Statutes, is
10 amended to read:
11 489.509 Fees.--
12 (3) Four dollars of each fee under subsection (1) paid
13 to the department at the time of application or renewal shall
14 be transferred at the end of each licensing period to the
15 Department of Community Affairs Education to fund projects
16 relating to the building construction industry or continuing
17 education programs offered to persons engaged in the building
18 construction industry in Florida. The board shall, at the time
19 the funds are transferred, advise the Department of Community
20 Affairs Education on the most needed areas of research or
21 continuing education based on significant changes in the
22 industry's practices or on the most common types of consumer
23 complaints or on problems costing the state or local
24 governmental entities substantial waste. The board's advice is
25 not binding on the Department of Community Affairs Education.
26 The Department of Education must allocate 50 percent of the
27 funds to a graduate program in building construction in a
28 Florida university and 50 percent of the funds to all
29 accredited private and state universities and community
30 colleges within the state offering approved courses in
31 building construction, with each university or college
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1 receiving a pro rata share of such funds based upon the number
2 of full-time building construction students enrolled at the
3 institution. The Department of Community Affairs Education
4 shall ensure the distribution of research reports and the
5 availability of continuing education programs to all segments
6 of the building construction industry to which they relate.
7 The Department of Community Affairs Education shall report to
8 the board in October of each year, summarizing the allocation
9 of the funds by institution and summarizing the new projects
10 funded and the status of previously funded projects. The
11 Commissioner of Education is directed to appoint one
12 electrical contractor and one certified alarm system
13 contractor to the Building Construction Industry Advisory
14 Committee.
15 Section 7. Effective upon this act becoming a law,
16 present subsections (7) through (15) of section 553.36,
17 Florida Statutes, are redesignated as subsections (8) through
18 (16), respectively, and a new subsection (7) is added to that
19 section, to read:
20 553.36 Definitions.--The definitions contained in this
21 section govern the construction of this part unless the
22 context otherwise requires.
23 (7) "Factory-built school shelter" means any
24 site-assembled or factory-built school building that is
25 designed to be portable, relocatable, demountable, or
26 reconstructible and that complies with the provisions for
27 enhanced hurricane protection areas, as required by the
28 applicable code.
29 Section 8. Effective upon this act becoming a law,
30 section 553.415, Florida Statutes, is amended to read:
31 553.415 Factory-built school buildings.--
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1 (1) It is the purpose of this section to provide an
2 alternative procedure for the construction and installation of
3 factory-built school buildings designed or intended for use as
4 school buildings. As used in this section, the term
5 "factory-built school building" means any building designed or
6 intended for use as a school building, which is in whole or in
7 part, manufactured at an offsite facility in compliance with
8 the State Uniform Code for Public Educational Facilities and
9 Department of Education rule, effective on January 5, 2000.
10 After January 1, 2002 July 1, 2001, the Uniform Code for
11 Public Educational Facilities shall be incorporated into the
12 Florida Building Code, including specific requirements for
13 Public Educational Facilities and the Department of Education
14 rule, effective on January 5, 2000. For the purpose of this
15 section, factory-built school buildings include prefabricated
16 educational facilities, factory-built educational facilities,
17 and modular-built educational facilities, that are designed to
18 be portable, relocatable, demountable, or reconstructible; are
19 used primarily as classrooms or the components of an entire
20 school; and do not fall under the provisions of ss.
21 320.822-320.862.
22 (2) A manufacturer of factory-built school buildings
23 shall be subject to the certification and enforcement
24 requirements in this part except as provided in this section.
25 (3) Within 90 days after the effective date of this
26 section, the department shall adopt by emergency rule
27 regulations to carry out the provisions of this section. Such
28 rule shall ensure the safety of design, construction,
29 accessibility, alterations, and inspections and shall also
30 prescribe procedures for the plans, specifications, and
31 methods of construction to be submitted to the department for
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1 approval.
2 (4) A manufacturer of factory-built school buildings
3 designed or intended for use as school buildings shall submit
4 to the department for approval the manufacturer's plans,
5 specifications, alterations, and methods of construction. The
6 department is authorized to charge manufacturers a fee which
7 reflects the actual expenses incurred for the review of such
8 plans and specifications.
9 (5) The department, in accordance with the standards
10 and procedures adopted pursuant to this section and as such
11 standards and procedures may thereafter be modified, shall
12 approve or reject such plans, specifications, and methods of
13 construction. Approval shall not be given unless such plans,
14 specifications, and methods of construction are in compliance
15 with the State Uniform Building Code for Public Educational
16 Facilities and department rule. After January 1, 2002 July 1,
17 2001, the Uniform Code for Public Educational facilities shall
18 be incorporated into the Florida Building Code, including
19 specific requirements for public educational facilities and
20 department rule.
21 (6) The department may delegate its plans review
22 authority to a state agency or public or private entity;
23 however, the department shall ensure that any person
24 conducting plans reviews is a certified plans examiner,
25 pursuant to part XII of chapter 468.
26 (7) A standard plan approval may be obtained from the
27 department for factory-built school buildings and such
28 department-approved plans shall be accepted by the enforcement
29 agency as approved for the purpose of obtaining a construction
30 permit for the structure itself. The department, or its
31 designated representative, shall determine if the plans
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1 qualify for purposes of a factory-built school shelter, as
2 defined in s. 553.36.
3 (8) Any amendment to the State Uniform Code for Public
4 Educational Facilities, and after January 1, 2002 July 1,
5 2001, the Florida Building Code, shall become effective 180
6 days after the amendment is filed with the Secretary of State.
7 Notwithstanding the 180-day delayed effective date, the
8 manufacturer shall submit and obtain a revised approved plan
9 within the 180 days. A revised plan submitted pursuant to
10 this subsection shall be processed as a renewal or revision
11 with appropriate fees. A plan submitted after the period of
12 time provided shall be processed as a new application with
13 appropriate fees.
14 (9) The school district or community college district
15 for which any factory-built school building is constructed or
16 altered after July 1, 2001, shall provide for periodic
17 inspection of the proposed factory-built school building
18 during each phase of construction or alteration. The inspector
19 shall act under the direction of the governing board for
20 employment purposes. This subsection does not prevent a school
21 district or community college district from purchasing or
22 otherwise using a factory-built school building that has been
23 inspected during all phases of construction or alteration
24 conducted after July 1, 2002, by another school district or
25 community college or by an approved inspection agency
26 certified pursuant to s. 553.36(2). If a factory-built school
27 building is constructed or altered for an entity other than a
28 school district or community college district, such entity may
29 employ at its election a school district, community college
30 district, or such approved inspection agency to conduct such
31 inspections. A school district or community college district
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1 so employed may charge such entity for services at reasonable
2 rates comparable to those charged for similar services by
3 approved inspection agencies.
4 (10) The department shall, by rule, develop forms and
5 reporting periods for the architect or structural engineer in
6 charge of the supervision of the work of construction in the
7 factory, the inspector on the work, and the manufacturer
8 verifying that based upon personal knowledge, the work during
9 the period covered by the report has been performed, and the
10 materials used and installed, in every particular, in
11 accordance with the approved plans and specifications, setting
12 forth such detailed statements of facts as required by the
13 department.
14 (11) The department shall develop a unique
15 identification label to be affixed to all newly constructed
16 factory-built school buildings and existing factory-built
17 school buildings which have been brought into compliance with
18 the standards for existing "satisfactory" buildings pursuant
19 to chapter 5 of the Uniform Code for Public Educational
20 Facilities, and after January 1, 2002 July 1, 2001, the
21 Florida Building Code. The department may charge a fee for
22 issuing such labels. Such labels, bearing the department's
23 name and state seal, shall at a minimum, contain:
24 (a) The name of the manufacturer.
25 (b) The standard plan approval number or alteration
26 number.
27 (c) The date of manufacture or alteration.
28 (d) The serial or other identification number.
29 (e) The following designed-for loads: lbs. per square
30 foot live load; lbs. per square foot floor live load; lbs. per
31 square foot horizontal wind load; and lbs. per square foot
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1 wind uplift load.
2 (f) The designed-for flood zone usage.
3 (g) The designed-for wind zone usage.
4 (h) The designed-for enhanced hurricane protection
5 zone usage: yes or no.
6 (12) Such identification label shall be permanently
7 affixed by the manufacturer in the case of newly constructed
8 factory-built school buildings, or by the department or its
9 designee in the case of an existing factory-built building
10 altered to comply with provisions of s. 235.061.
11 (13) As of July 1, 2001, all existing and newly
12 constructed factory-built school buildings shall bear a label
13 pursuant to subsection (12). As of July 1, 2002, existing
14 factory-built school buildings and manufactured building used
15 as classrooms and not bearing such label shall not be used as
16 classrooms pursuant to s. 235.061.
17 (14) Nothing in this section shall affect any
18 requirement for compliance with firesafety criteria.
19 Section 9. Effective July 1, 2001, section 553.505,
20 Florida Statutes, is amended to read:
21 553.505 Exceptions to applicability of the Americans
22 with Disabilities Act.--Notwithstanding the Americans with
23 Disabilities Act of 1990, private clubs are governed by ss.
24 553.501-553.513. Parking spaces, parking lots, and other
25 parking facilities are governed by s. 553.5041 s. 316.1955,
26 when that section provides increased accessibility.
27 Section 10. Effective July 1, 2001, section 553.507,
28 Florida Statutes, is amended to read:
29 553.507 Exemptions.--Sections 553.501-553.513 and s.
30 316.1955(4) do not apply to any of the following:
31 (1) Buildings, structures, or facilities that were
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1 either under construction or under contract for construction
2 on October 1, 1997.
3 (2) Buildings, structures, or facilities that were in
4 existence on October 1, 1997, unless:
5 (a) The building, structure, or facility is being
6 converted from residential to nonresidential or mixed use, as
7 defined by local law;
8 (b) The proposed alteration or renovation of the
9 building, structure, or facility will affect usability or
10 accessibility to a degree that invokes the requirements of s.
11 303(a) of the Americans with Disabilities Act of 1990; or
12 (c) The original construction or any former alteration
13 or renovation of the building, structure, or facility was
14 carried out in violation of applicable permitting law.
15 Section 11. Subsections (2) and (3), paragraph (b) of
16 subsection (4) and subsections (5), (6), and (7) of section
17 553.73, Florida Statutes, as amended by section 40 of chapter
18 98-287, Laws of Florida, as amended by section 61 of chapter
19 98-419, Laws of Florida, as amended by sections 73, 74, and 75
20 of chapter 2000-141, Laws of Florida, and section 62 of
21 chapter 2000-154, Laws of Florida, are amended, and present
22 subsections (8), (9), and (10) of that section are
23 redesignated as subsections (9), (10), and (11), respectively,
24 to read:
25 553.73 State Minimum Building Codes.--
26 (2) The Florida Building Code shall contain provisions
27 or requirements for public and private buildings, structures,
28 and facilities relative to structural, mechanical, electrical,
29 plumbing, energy, and gas systems, existing buildings,
30 historical buildings, manufactured buildings, elevators,
31 coastal construction, lodging facilities, food sales and food
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1 service facilities, health care facilities, including assisted
2 living facilities, adult day care facilities, and facilities
3 for the control of radiation hazards, public or private
4 educational facilities, swimming pools, and correctional
5 facilities and enforcement of and compliance with such
6 provisions or requirements. Further, the Florida Building Code
7 must provide for uniform implementation of ss. 515.25, 515.27,
8 and 515.29 by including standards and criteria for residential
9 swimming pool barriers, pool covers, latching devices, door
10 and window exit alarms, and other equipment required therein,
11 which are consistent with the intent of s. 515.23. Technical
12 provisions to be contained within the Florida Building Code
13 are restricted to requirements related to the types of
14 materials used and construction methods and standards employed
15 in order to meet criteria specified in the Florida Building
16 Code. Provisions relating to the personnel, supervision or
17 training of personnel, or any other professional qualification
18 requirements relating to contractors or their workforce may
19 not be included within the Florida Building Code, and
20 subsections (4), (5), and (6) are not to be construed to allow
21 the inclusion of such provisions within the Florida Building
22 Code by amendment. This restriction applies to both initial
23 development and amendment of the Florida Building Code.
24 (3) The commission shall select from available
25 national or international model building codes, or other
26 available building codes and standards currently recognized by
27 the laws of this state, to form the foundation for the Florida
28 Building Code. The commission may modify the selected model
29 codes and standards as needed to accommodate the specific
30 needs of this state. Standards or criteria referenced by the
31 selected model codes shall be similarly incorporated by
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1 reference. If a referenced standard or criterion requires
2 amplification or modification to be appropriate for use in
3 this state, only the amplification or modification shall be
4 specifically set forth in the Florida Building Code. The
5 Florida Building Commission may approve technical amendments
6 to the code after the amendments have been subject to the
7 following conditions:
8 (a) The proposed amendment has been published on the
9 commission's website for a minimum of 45 days and all the
10 associated documentation has been made available to any
11 interested party before any consideration by any Technical
12 Advisory Committee;
13 (b) In order for a Technical Advisory Committee to
14 make a favorable recommendation to the commission, the
15 proposal must receive a three-fourths vote of the members
16 present at the Technical Advisory Committee meeting and at
17 least half of the regular members must be present in order to
18 conduct a meeting;
19 (c) After Technical Advisory Committee consideration
20 and a recommendation for approval of any proposed amendment,
21 the proposal must be published on the commission's website for
22 not less than 45 days before any consideration by the
23 commission; and
24 (d) Any proposal may be modified by the commission
25 based on public testimony and evidence from a public hearing
26 held in accordance with chapter 120.
27
28 The commission shall incorporate within sections of the
29 Florida Building Code provisions which address regional and
30 local concerns and variations. The commission shall make every
31 effort to minimize conflicts between the Florida Building
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1 Code, the Florida Fire Prevention Code, and the Life Safety
2 Code.
3 (4)
4 (b) Local governments may, subject to the limitations
5 of this section, adopt amendments to the technical provisions
6 of the Florida Building Code which apply solely within the
7 jurisdiction of such government and which provide for more
8 stringent requirements than those specified in the Florida
9 Building Code, not more than once every 6 months, provided:
10 1. The local governing body determines, following a
11 public hearing which has been advertised in a newspaper of
12 general circulation at least 10 days before the hearing, that
13 there is a need to strengthen the requirements of the Florida
14 Building Code. The determination must be based upon a review
15 of local conditions by the local governing body, which review
16 demonstrates that local conditions justify more stringent
17 requirements than those specified in the Florida Building Code
18 for the protection of life and property.
19 2. Such additional requirements are not discriminatory
20 against materials, products, or construction techniques of
21 demonstrated capabilities.
22 3. Such additional requirements may not introduce a
23 new subject not addressed in the Florida Building Code.
24 4. The enforcing agency shall make readily available,
25 in a usable format, all amendments adopted pursuant to this
26 section.
27 5. Any amendment to the Florida Building Code shall be
28 transmitted within 30 days by the adopting local government to
29 the commission. The commission shall maintain copies of all
30 such amendments in a format that is usable and obtainable by
31 the public.
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1 6. Any amendment to the Florida Building Code adopted
2 by a local government pursuant to this paragraph shall be
3 effective only until the adoption by the commission of the new
4 edition of the Florida Building Code every third year. At
5 such time, the commission shall review such amendment for
6 consistency with the criteria in paragraph (6)(a) and adopt
7 such amendment as part of the Florida Building Code or rescind
8 the amendment. The commission shall immediately notify the
9 respective local government of the rescission of any
10 amendment. After receiving such notice, the respective local
11 government may readopt the rescinded amendment pursuant to the
12 provisions of this paragraph.
13 7. Each county and municipality desiring to make local
14 technical amendments to the Florida Building Code shall by
15 interlocal agreement establish a countywide compliance review
16 board to review any amendment to the Florida Building Code,
17 adopted by a local government within the county pursuant to
18 this paragraph, that is challenged by any substantially
19 affected party for purposes of determining the amendment's
20 compliance with this paragraph. If the compliance review board
21 determines such amendment is not in compliance with this
22 paragraph, the compliance review board shall notify such local
23 government of the noncompliance and that the amendment is
24 invalid and unenforceable until the local government corrects
25 the amendment to bring it into compliance. The local
26 government may appeal the decision of the compliance review
27 board to the commission, which shall conduct a hearing under
28 chapter 120 and the uniform rules of procedure. If the
29 compliance review board determines such amendment to be in
30 compliance with this paragraph, any substantially affected
31 party may appeal such determination to the commission, which
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1 shall conduct a hearing under chapter 120 and the uniform
2 rules of procedure. Actions of the commission are subject to
3 judicial review pursuant to s. 120.68. The compliance review
4 board shall determine whether its decisions apply to a
5 respective local jurisdiction or apply countywide.
6 8. An amendment adopted under this paragraph shall
7 include a fiscal impact statement which documents the costs
8 and benefits of the proposed amendment. Criteria for the
9 fiscal impact statement shall include the impact to local
10 government relative to enforcement, the impact to property and
11 building owners, as well as to industry, relative to the cost
12 of compliance. The fiscal impact statement may not be used as
13 a basis for challenging the amendment for compliance.
14 9. In addition to subparagraphs 7. and 8., the
15 commission may review any amendments adopted pursuant to this
16 subsection and make nonbinding recommendations related to
17 compliance of such amendments with this subsection.
18 (5) The commission, by rule adopted pursuant to ss.
19 120.536(1) and 120.54, shall update the Florida Building Code
20 every 3 years. The initial adoption of, and any subsequent
21 update or amendment to, the Florida Building Code by the
22 commission is deemed adopted for use statewide without
23 adoptions by local government. For a building permit for which
24 an application is submitted prior to the effective date of the
25 Florida Building Code, the state minimum building code in
26 effect in the permitting jurisdiction on the date of the
27 application governs the permitted work for the life of the
28 permit and any extension granted to the permit.
29 (6) The commission, by rule adopted pursuant to ss.
30 120.536(1) and 120.54, shall update the Florida Building Code
31 every 3 years. When updating the Florida Building Code, the
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1 commission shall consider changes made by the adopting entity
2 of any selected model code for any model code incorporated
3 into the Florida Building Code, and may subsequently adopt the
4 new edition or successor of the model code or any part of such
5 code, no sooner than 6 months after such model code has been
6 adopted by the adopting organization, which may then be
7 modified for this state as provided in this section, and shall
8 further consider the commission's own interpretations,
9 declaratory statements, appellate decisions, and approved
10 statewide and local technical amendments. A change made by an
11 institute or standards organization to any standard or
12 criterion that is adopted by reference in the Florida Building
13 Code does not become effective statewide until it has been
14 adopted by the commission. Furthermore, the edition of the
15 Florida Building Code which is in effect on the date of
16 application for of any permit authorized by the code governs
17 the permitted work for the life of the permit and any
18 extension granted to the permit. Any amendment to the Florida
19 Building Code which is adopted upon a finding by the
20 commission that the amendment is necessary to protect the
21 public from immediate threat of harm takes effect immediately.
22 (7)(6)(a) The commission may approve technical
23 amendments to the Florida Building Code once each year for
24 statewide or regional application upon a finding that the
25 amendment:
26 1. Has a reasonable and substantial connection with
27 the health, safety, and welfare of the general public.
28 2. Strengthens or improves the Florida Building Code,
29 or in the case of innovation or new technology, will provide
30 equivalent or better products or methods or systems of
31 construction.
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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 provisions 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) Storage sheds that are not designed for human
18 habitation and that have a floor area of 720 square feet or
19 less are not required to comply with the mandatory
20 wind-borne-debris-impact standards of the Florida Building
21 Code.
22 (i) Chickees constructed by the Miccosukee Tribe of
23 Indians of Florida or the Seminole Tribe of Florida. As used
24 in this paragraph, the term "chickee" means an open-sided
25 wooden hut that has a thatched roof of palm or palmetto or
26 other traditional materials, and that does not incorporate any
27 electrical, plumbing, or other nonwood features.
28
29 With the exception of paragraphs (a), (b), (c), and (f), in
30 order to preserve the health, safety, and welfare of the
31 public, the Florida Building Commission may, by rule adopted
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1 pursuant to chapter 120, provide for exceptions to the broad
2 categories of buildings exempted in this section, including
3 exceptions for application of specific sections of the code or
4 standards adopted therein. The Department of Agriculture and
5 Consumer Services shall have exclusive authority to adopt by
6 rule, pursuant to chapter 120, exceptions to nonresidential
7 farm buildings exempted in paragraph (c) when reasonably
8 necessary to preserve public health, safety, and welfare. The
9 exceptions must be based upon specific criteria, such as
10 under-roof floor area, aggregate electrical service capacity,
11 HVAC system capacity, or other building requirements. Further,
12 the commission may recommend to the Legislature additional
13 categories of buildings, structures, or facilities which
14 should be exempted from the Florida Building Code, to be
15 provided by law.
16 Section 12. Paragraphs (e) and (h) of subsection (1)
17 and subsections (2) and (6) of section 553.77, Florida
18 Statutes, as amended by section 46 of chapter 98-287, Laws of
19 Florida, as amended by section 78 of chapter 2000-141, Laws of
20 Florida, as amended by section 79 of chapter 2000-141, Laws of
21 Florida, are amended, and subsection (7) is added to that
22 section, to read:
23 553.77 Specific powers of the commission.--
24 (1) The commission shall:
25 (e) When requested in writing by any substantially
26 affected person, state agency, or a local enforcing agency,
27 shall issue declaratory statements pursuant to s. 120.565
28 relating to this part and ss. 515.25, 515.27, 515.29, and
29 515.37. Actions of the commission are subject to judicial
30 review pursuant to s. 120.68.
31 (h) Hear appeals of the decisions of local boards of
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1 appeal regarding interpretation decisions of local building
2 officials, or if no local board exists, hear appeals of
3 decisions of the building officials regarding interpretations
4 of the code. For such appeals:
5 1. Local decisions declaring structures to be unsafe
6 and subject to repair or demolition shall not be appealable to
7 the commission if the local governing body finds there is an
8 immediate danger to the health and safety of its citizens.
9 2. All appeals shall be heard in the county of the
10 jurisdiction defending the appeal.
11 3. Hearings shall be conducted pursuant to chapter 120
12 and the uniform rules of procedure, and decisions Actions of
13 the commission are subject to judicial review pursuant to s.
14 120.68.
15 (2) With respect to the qualification program for
16 special inspectors of threshold buildings as required by s.
17 553.79(5)(c), the commission may prescribe initial and annual
18 renewal fees for certification, by rule, in accordance with
19 chapter 120.
20 (6) The commission may provide by rule for plans
21 review and approval of prototype buildings owned by public and
22 private entities to be replicated throughout the state. The
23 rule must allow for review and approval of plans for prototype
24 buildings to be performed by a public or private entity with
25 oversight by the commission. The department may charge
26 reasonable fees to cover the administrative costs of the
27 program. Such approved plans or prototype buildings shall be
28 exempt from further review required by s. 553.79(2), except
29 changes to the prototype design, site plans, and other
30 site-related items. As provided in s. 553.73, prototype
31 buildings are exempt from, or any locally adopted local
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1 amendment to any part of the Florida Building Code.
2 Construction or erection of such prototype buildings is
3 subject to local permitting and inspections pursuant to this
4 part.
5 (7) The commission may produce and distribute a
6 commentary document to accompany the Florida Building Code.
7 The commentary must be limited in effect to providing
8 technical assistance and must not have the effect of binding
9 interpretations of the code document itself.
10 Section 13. Subsections (2) and (6) of section 553.79,
11 Florida Statutes, as amended by section 49 of chapter 98-287,
12 Laws of Florida, as amended by sections 83 and 84 of chapter
13 2000-141, Laws of Florida, are amended to read:
14 553.79 Permits; applications; issuance; inspections.--
15 (2) Except as provided in subsection (6), an No
16 enforcing agency may not issue any permit for construction,
17 erection, alteration, modification, repair, or demolition of
18 any building or structure until the local building code
19 administrator or inspector has reviewed the plans and
20 specifications required by the Florida Building Code, or local
21 amendment thereto, for such proposal and found the plans to be
22 in compliance with the Florida Building Code. In addition, an
23 enforcing agency may not issue any permit for construction,
24 erection, alteration, modification, repair, or demolition of
25 any building until the appropriate firesafety inspector
26 certified pursuant to s. 633.081 has reviewed the plans and
27 specifications required by the Florida Building Code, or local
28 amendment thereto, for such proposal and found that the plans
29 comply with the Florida Fire Prevention Code and the Life
30 Safety Code. Any building or structure which is not subject to
31 a firesafety code shall not be required to have its plans
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1 reviewed by the firesafety inspector. Any building or
2 structure that is exempt from the local building permit
3 process may not be required to have its plans reviewed by the
4 local building code administrator. Industrial construction on
5 sites where design, construction, and firesafety are
6 supervised by appropriate design and inspection professionals
7 and which contain adequate in-house fire departments and
8 rescue squads is exempt, subject to local government option,
9 from review of plans and inspections, providing owners certify
10 that applicable codes and standards have been met and supply
11 appropriate approved drawings to local building and firesafety
12 inspectors. The enforcing agency shall issue a permit to
13 construct, erect, alter, modify, repair, or demolish any
14 building or structure when the plans and specifications for
15 such proposal comply with the provisions of the Florida
16 Building Code and the Florida Fire Prevention Code and the
17 Life Safety Code as determined by the local authority in
18 accordance with this chapter and chapter 633.
19 (6) A permit may not be issued for any building
20 construction, erection, alteration, modification, repair, or
21 addition unless the applicant for such permit complies with
22 the requirements for plan review established by the Florida
23 Building Commission within the Florida Building Code. However,
24 the code shall set standards and criteria to authorize
25 preliminary construction before completion of all building
26 plans review, including, but not limited to, special permits
27 for the foundation only, and such standards shall take effect
28 concurrent with the first effective date of the Florida
29 Building Code.
30 Section 14. Effective upon this act becoming a law,
31 section 553.84, Florida Statutes, as amended by section 88 of
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1 chapter 2000-141, Laws of Florida, is amended to read:
2 553.84 Statutory civil action.--Notwithstanding any
3 other remedies available, any person or party, in an
4 individual capacity or on behalf of a class of persons or
5 parties, damaged as a result of a violation of this part or
6 the Florida Building Code, has a cause of action in any court
7 of competent jurisdiction against the person or party who
8 committed the violation; however, if the person or party
9 obtains the required building permits and any local government
10 or public agency with authority to enforce the Florida
11 Building Code approves the plans, if the construction project
12 passes all required inspections under the code, and if there
13 is no personal injury or damage to property other than the
14 property that is the subject of the permits, plans, and
15 inspections, this section does not apply unless the person or
16 party knew or should have known that the violation existed.
17 Section 15. 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 number of licensees who will require initial
22 training for the Florida Building Code is in excess of
23 100,000. It is the intent of the Legislature that the Florida
24 Building Commission make sure that initial training for the
25 Florida Building Code be achieved as soon as practicable to
26 ensure compliance. It is further the intent of the Legislature
27 that the Florida Building Commission encourage and promote
28 improved coordination between industry associations as a way
29 to achieve better compliance with Florida's building codes.
30 (2) Not more than 60 days after the effective date of
31 this section, the Florida Building Commission and the
26
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1 department shall provide for statewide outreach for training
2 on the Florida Building Code. The Florida Building Commission
3 and the department shall achieve statewide outreach for
4 training through organizations, including, but not limited to,
5 existing licensee trade and professional associations. The
6 Florida Building Commission or the department may not exclude
7 participation in statewide outreach by any trade or
8 professional association that has as its primary constituency
9 members who are required to comply with the training
10 requirements of the Florida Building Code. Wherever possible
11 and by contract pursuant to s. 287.057, the Florida Building
12 Commission and the department shall outsource components,
13 outreach, and coordination of training and the training itself
14 to prevent duplication and ensure the most expeditious and
15 consistent delivery and minimize administrative costs to the
16 commission and the department. This section does not prohibit
17 any qualified entity from providing training on the Florida
18 Building Code.
19 (3) To the extent available, funding for outreach,
20 coordination of training, or training may come from existing
21 resources. If necessary, the Florida Building Commission or
22 the department may seek additional or supplemental funds
23 pursuant to s. 215.559(5). This section does not preclude the
24 Florida Building Commission from charging fees to fund the
25 building code training program in a self-sufficient manner as
26 provided in s. 553.841(5).
27 (4) This section is repealed June 30, 2003, unless
28 reenacted by the Legislature.
29 Section 16. Effective July 1, 2001, section 553.842,
30 Florida Statutes, is amended to read:
31 553.842 Product evaluation and approval.--
27
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1 (1) The commission shall adopt rules under ss.
2 120.536(1) and 120.54 make recommendations to the President of
3 the Senate and the Speaker of the House of Representatives
4 prior to the 2001 Regular Session to develop and implement a
5 product evaluation and approval system that applies statewide
6 to operate in coordination with the Florida Building Code. The
7 commission may enter into contracts to provide for
8 administration of the product evaluation and approval system.
9 The product evaluation and approval system shall provide:
10 (a) Appropriate promotion of innovation and new
11 technologies.
12 (b) Processing submittals of products from
13 manufacturers in a timely manner.
14 (c) Independent, third-party qualified and accredited
15 testing and laboratory facilities, product evaluation
16 entities, quality-assurance agencies, certification agencies,
17 and validation entities.
18 (d) An easily accessible product acceptance list to
19 entities subject to the Florida Building Code.
20 (e) Development of stringent but reasonable testing
21 criteria based upon existing consensus standards, when
22 available, for products.
23 (f) Long-term approvals, where feasible. State and
24 local approvals will be valid until the requirements of the
25 code on which the approval is based change, the product
26 changes in a manner affecting its performance as required by
27 the code, or the approval is revoked.
28 (g) Criteria for recall or revocation of a product
29 approval.
30 (h) Cost-effectiveness.
31 (2) The product evaluation and approval system shall
28
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1 rely on regional, national, and international consensus
2 standards, whenever adopted by the Florida Building Code, for
3 demonstrating compliance with code standards. Other standards
4 which meet or exceed established state requirements shall also
5 be considered.
6 (3) Products or methods or systems of construction
7 that require approval under s. 553.77, that have standardized
8 testing or comparative or rational analysis methods
9 established by the code, required to be approved and that are
10 certified by an approved product evaluation entity, testing
11 laboratory, or certification agency as complying with the
12 standards specified by the code shall be approved for local or
13 statewide use by one of the methods established in subsection
14 (6) permitted to be used statewide, without further evaluation
15 or approval.
16 (4) By October 1, 2003, products or methods or systems
17 of construction requiring approval under s. 553.77 must be
18 approved by one of the methods established in subsection (5)
19 or subsection (6) before their use in construction in this
20 state. Products may be approved either by the commission for
21 statewide use, or by a local building department for use in
22 that department's jurisdiction only. Notwithstanding a local
23 government's authority to amend the Florida Building Code as
24 provided in this act, statewide approval shall preclude local
25 jurisdictions from requiring further testing, evaluation, or
26 submission of other evidence as a condition of using the
27 product so long as the product is being used consistent with
28 the conditions of its approval.
29 (5) Statewide and Local approval of products or
30 methods or systems of construction may shall be achieved by
31 the local building official through building plans review and
29
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1 inspection to determine that the product, method, or system of
2 construction complies with the prescriptive standards
3 established in the code. Alternatively, local approval may be
4 achieved by one of the methods established in subsection (6).
5 (6) Statewide or local approval of products, methods,
6 or systems of construction may be achieved by one of the
7 following methods. One of these methods must be used by local
8 officials or the commission to approve the following
9 categories of products: panel walls, exterior doors, roofing,
10 skylights, windows, shutters, and structural components as
11 established by the commission by rule.
12 (a) Products for which the code establishes
13 standardized testing or comparative or rational analysis
14 methods shall be approved by submittal and validation of one
15 of the following reports or listings indicating that the
16 product or method or system of construction was evaluated to
17 be in compliance with the Florida Building Code and that the
18 product or method or system of construction is, for the
19 purpose intended, at least equivalent to that required by the
20 Florida Building Code:
21 1. A certification mark or listing of an approved
22 certification agency;
23 2. A test report from an approved testing laboratory;
24 3. A product evaluation report based upon testing or
25 comparative or rational analysis, or a combination thereof,
26 from an approved product evaluation entity; or
27 4. A product evaluation report based upon testing or
28 comparative or rational analysis, or a combination thereof,
29 developed and signed and sealed by a professional engineer or
30 architect, licensed in this state.
31 (b) Products, methods, or systems of construction for
30
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1 which there are no specific standardized testing or
2 comparative or rational analysis methods established in the
3 code may be approved by submittal and validation of one of the
4 following:
5 1. A product evaluation report based upon testing or
6 comparative or rational analysis, or a combination thereof,
7 from an approved product evaluation entity indicating that the
8 product or method or system of construction was evaluated to
9 be in compliance with the intent of the Florida Building Code
10 and that the product or method or system of construction is,
11 for the purpose intended, at least equivalent to that required
12 by the Florida Building Code; or
13 2. A product evaluation report based upon testing or
14 comparative or rational analysis, or a combination thereof,
15 developed and signed and sealed by a professional engineer or
16 architect, licensed in this state, who certifies that the
17 product or method or system of construction is, for the
18 purpose intended, at least equivalent to that required by the
19 Florida Building Code.
20 (7) The commission shall ensure that product
21 manufacturers operate quality-assurance programs for all
22 approved products. The commission shall adopt by rule criteria
23 for operation of the quality-assurance programs.
24 (8) For local approvals, validation shall be performed
25 by the local building official. The commission shall adopt by
26 rule criteria constituting complete validation by the local
27 official, including, but not limited to, criteria governing
28 verification of a quality-assurance program. For state
29 approvals, validation shall be performed by validation
30 entities approved by the commission. The commission shall
31 adopt by rule criteria for approval of validation entities,
31
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1 which shall be third-party entities independent of the
2 product's manufacturer and which shall certify to the
3 commission the product's compliance with the code.
4 (9) The commission may adopt rules to approve the
5 following types of entities that produce information on which
6 product approvals are based. All of the following entities,
7 including engineers and architects, must comply with a
8 nationally recognized standard demonstrating independence or
9 no conflict of interest:
10 (a) Evaluation entities that meet the criteria for
11 approval adopted by the commission by rule. The commission
12 shall specifically approve the National Evaluation Service,
13 the International Conference of Building Officials Evaluation
14 Services, the Building Officials and Code Administrators
15 International Evaluation Services, the Southern Building Code
16 Congress International Evaluation Services, and the Miami-Dade
17 County Building Code Compliance Office Product Control.
18 Architects and engineers licensed in this state are also
19 approved to conduct product evaluations as provided in
20 subsection (6).
21 (b) Testing laboratories accredited by national
22 organizations, such as A2LA and the National Voluntary
23 Laboratory Accreditation Program, laboratories accredited by
24 evaluation entities approved under paragraph (a), and
25 laboratories that comply with other guidelines for testing
26 laboratories selected by the commission and adopted by rule.
27 (c) Quality-assurance entities approved by evaluation
28 entities approved under paragraph (a) and by certification
29 agencies approved under paragraph (d) and other
30 quality-assurance entities that comply with guidelines
31 selected by the commission and adopted by rule.
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1 (d) Certification agencies accredited by nationally
2 recognized accreditors and other certification agencies that
3 comply with guidelines selected by the commission and adopted
4 by rule.
5 (e) Validation entities that comply with accreditation
6 standards established by the commission by rule.:
7 (a) Submittal and validation of a product evaluation
8 report from an approved product evaluation entity indicating
9 the product or method or system of construction was tested to
10 be in compliance with the Florida Building Code or with the
11 intent of the Florida Building Code and the product or method
12 or system of construction is, for the purpose intended, at
13 least equivalent of that required by the Florida Building
14 Code; or
15 (b) Submittal and validation of a product evaluation
16 report or rational analysis which is signed and sealed by a
17 professional engineer or architect, licensed in this state,
18 who has no conflict of interest, as determined by national
19 guidelines, who certifies that the product or method or system
20 of construction is, for the purpose intended, at least
21 equivalent of that required by the Florida Building Code. Any
22 product approved under this procedure shall be required to be
23 manufactured under a quality assurance program, certified by
24 an approved product evaluation entity.
25 (10)(6) A building official may deny the local
26 application of a product or method or system of construction
27 which has received statewide approval, based upon a written
28 report signed by the official that concludes the product
29 application is inconsistent with the statewide approval and
30 that states the reasons the application is inconsistent. Such
31 denial is subject to the provisions of s. 553.77 governing
33
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1 appeal of the building official's interpretation of the code.
2 (11)(7) Products, other than manufactured buildings,
3 which are custom fabricated or assembled shall not require
4 separate approval under this section provided the component
5 parts have been approved for the fabricated or assembled
6 product's use and the components meet the standards and
7 requirements of the Florida Building Code which applies to the
8 product's intended use.
9 (12)(8) A building official may appeal the required
10 approval for local use of a product or method or system of
11 construction to the commission. The commission shall conduct a
12 hearing under chapter 120 and the uniform rules of procedure
13 and shall establish expedited procedures to handle such
14 appeals in an expedited manner.
15 (13)(9) The decisions of local building officials
16 shall be appealable to the local board of appeals, if such
17 board exists, and then to the commission, which shall conduct
18 a hearing under chapter 120 and the uniform rules of
19 procedure. Decisions of the commission regarding statewide
20 product approvals and appeals of local product approval shall
21 be subject to judicial review pursuant to s. 120.68.
22 (14)(10) The commission shall maintain a list of the
23 state-approved approved products, and product evaluation
24 entities, testing laboratories, quality-assurance agencies,
25 certification agencies, and validation entities and make such
26 lists list available in the most cost-effective manner. The
27 commission shall establish reasonable timeframes associated
28 with the product approval process and availability of the
29 lists list.
30 (15) The commission shall by rule establish criteria
31 for revocation of product approvals as well as revocation of
34
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1 approvals of product evaluation entities, testing
2 laboratories, quality-assurance entities, certification
3 agencies, and validation entities. Revocation is governed by
4 s. 120.60 and the uniform rules of procedure.
5 (16) The commission shall establish a schedule for
6 adoption of the rules required in this section to ensure that
7 the product manufacturing industry has sufficient time to
8 revise products to meet the requirements for approval and
9 submit them for testing or evaluation before the system taking
10 effect on October 1, 2003, and to ensure that the availability
11 of statewide approval is not delayed.
12 (11) The commission may establish reasonable and
13 appropriate fees for the review of rational analyses and
14 certification of manufactured buildings submitted pursuant to
15 this section and may enter into any contracts the commission
16 deems necessary in order to implement this section.
17 (12) Products certified or approved for statewide or
18 local use by an approved product evaluation entity prior to
19 the effective date of this act shall be deemed to be approved
20 for use in this state pursuant to this section and to comply
21 with this section.
22
23 For purposes of this section, an approved product evaluation
24 entity is an entity that has been accredited by a nationally
25 recognized independent evaluation authority or entity
26 otherwise approved by the commission.
27 Section 17. Effective July 1, 2001, subsection (2) of
28 section 553.895, Florida Statutes, is amended to read:
29 553.895 Firesafety.--
30 (2) Except for single-family and two-family dwellings,
31 any building which is of three stories or more and for which
35
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1 the construction contract is let after January 1, 1994,
2 regardless of occupancy classification and including any
3 building which is subject to s. 509.215, shall be equipped
4 with an automatic sprinkler system installed in compliance
5 with the provisions of chapter 633 and the rules and codes
6 adopted pursuant thereto. A stand-alone parking garage
7 constructed with noncombustible materials, the design of which
8 is such that all levels of the garage are uniformly open to
9 the atmosphere on all sides with percentages of openings as
10 prescribed in the applicable building code, and which parking
11 garage is separated from other structures by at least 20 feet,
12 is exempt from the requirements of this subsection.
13 Telecommunications spaces located within telecommunications
14 buildings, if the spaces are equipped to meet an equivalent
15 fire-prevention standard approved by both the Florida Building
16 Commission and the State Fire Marshal, are exempt from the
17 requirements of this subsection. In a building less than 75
18 feet in height which is protected throughout with an approved
19 and maintained fire sprinkler system, a manual wet standpipe,
20 as defined in the National Fire Protection Association
21 Standard 14, Standard for the Installation of Standpipe,
22 Private Hydrant, and Hose Systems, shall be allowed.
23 Section 18. Effective upon this act becoming a law,
24 the Florida Building Commission shall research the issue of
25 adopting a rehabilitation code for the state and shall report
26 to the Legislature before the 2002 Regular Session regarding
27 the feasibility of adopting such a code. The commission shall
28 review the rehabilitation codes adopted by other states as
29 part of its research.
30 Section 19. Effective upon this act becoming a law,
31 the Florida Building Commission shall research the issue of
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1 requiring all primary elevators in buildings with more than
2 five levels to operate with a universal key, thereby allowing
3 access and operation by emergency personnel. The commission
4 must report its recommendations to the Legislature before the
5 2002 Regular Session.
6 Section 20. Notwithstanding any other provision in
7 chapter 2000-141, Laws of Florida, effective upon this act
8 becoming a law, the effective date of the following sections
9 of chapter 2000-141, Laws of Florida, is changed to January 1,
10 2002: sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15,
11 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 36,
12 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70, 71, 72,
13 75, 79, 81, 84, 86, 87, 88, 91, 92, 93, 94, and 99.
14 Section 21. Notwithstanding any other provision in
15 chapter 2000-141, Laws of Florida, effective upon this act
16 becoming a law, the effective date of the following sections
17 of chapter 98-287, Laws of Florida, as amended by chapter
18 2000-141, Laws of Florida, is changed to January 1, 2002:
19 sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21, 24, 29,
20 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56.
21 Section 22. Notwithstanding any other provision in
22 chapter 2000-141, Laws of Florida, effective upon this act
23 becoming a law, the effective date of section 61 of chapter
24 98-419, Laws of Florida, as amended by chapter 2000-141, Laws
25 of Florida, is changed to January 1, 2002.
26 Section 23. Effective upon this act becoming a law,
27 section 135 of chapter 2000-141, Laws of Florida, is amended
28 to read:
29 Section 135. Effective January 1, 2002 July 1, 2001,
30 subsection (2) of section 255.21, Florida Statutes, paragraphs
31 (d) and (e) of subsection (1) of section 395.1055, Florida
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1 Statutes, and subsection (11) of section 553.79, Florida
2 Statutes, are repealed.
3 Section 24. Effective upon this act becoming a law,
4 subsection (2) of section 62 of chapter 98-287, Laws of
5 Florida, as amended by section 107 of chapter 2000-141, Laws
6 of Florida, is amended to read:
7 Section 62.
8 (2) Effective January 1, 2002 July 1, 2001, all
9 existing local technical amendments to any building code
10 adopted by any local government, except for local ordinances
11 setting forth administrative requirements which are not in
12 conflict with the Florida Building Code, are repealed. Each
13 local government may readopt such amendments pursuant to s.
14 553.73, Florida Statutes, provided such amendments comply with
15 applicable provisions of the Florida Building Code.
16 Section 25. Effective upon this act becoming a law,
17 section 68 of chapter 98-287, Laws of Florida, as amended by
18 section 108 of chapter 2000-141, Laws of Florida, is amended
19 to read:
20 Section 68. Effective January 1, 2002 July 1, 2001,
21 parts I, II, and III of chapter 553, Florida Statutes,
22 consisting of sections 553.01, 553.02, 553.03, 553.04,
23 553.041, 553.05, 553.06, 553.07, 553.08, 553.10, 553.11,
24 553.14, 553.15, 553.16, 553.17, 553.18, 553.20, 553.21,
25 553.22, 553.23, 553.24, 553.25, 553.26, 553.27, and 553.28,
26 Florida Statutes, are repealed, section 553.141, Florida
27 Statutes, is transferred and renumbered as section 553.86,
28 Florida Statutes.
29 Section 26. Effective upon this act becoming a law,
30 funds that are available under sections 489.109(3) and
31 489.509(3), Florida Statutes, shall be allocated and expended
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1 by the Florida Building Commission as provided in this
2 section.
3 (1) Effective upon this act becoming a law, the
4 Florida Building Commission shall appoint those members of the
5 Building Construction Industry Advisory Committee on October
6 1, 2001, as established by Rule 6A-10.029, Florida
7 Administrative Code, to the Education Technical Advisory
8 Committee of the Florida Building Commission to complete their
9 terms of office. Members of the Florida Building Commission
10 shall also be appointed to the Education Technical Advisory
11 Committee. The members of the committee shall broadly
12 represent the building construction industry and must consist
13 of no fewer than 10 persons. The chairperson of the Florida
14 Building Commission shall annually designate the chairperson
15 of the committee. The terms of the committee members shall be
16 2 years each and members may be reappointed at the discretion
17 of the Florida Building Commission.
18 (2) The Educational Technical Advisory Committee
19 shall:
20 (a) Advise the commission on any policies or
21 procedures needed to administer sections 489.109(3) and
22 489.509(3), Florida Statutes.
23 (b) Advise the commission on administering section
24 553.841, Florida Statutes.
25 (c) Advise the commission on areas of priority for
26 which funds should be expended for research and continuing
27 education.
28 (d) Review all proposed research and continuing
29 education projects and recommend to the commission those
30 projects that should be funded and the amount of funds to be
31 provided for each project.
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1 (3) Each biennium, upon receipt of funds by the
2 Department of Community Affairs from the Construction Industry
3 Licensing Board and the Electrical Contractors' Licensing
4 Board provided under sections 489.109(3) and 489.509(3),
5 Florida Statutes, the commission shall determine the amount of
6 funds available for research projects from the proceeds of
7 contractor licensing fees and identify, solicit, and accept
8 funds from other sources for research and continuing education
9 projects.
10 (4) If funds collected for research projects in any
11 year do not require the use of all available funds, the unused
12 funds shall be carried forward and allocated for use during
13 the following fiscal year.
14 Section 27. Effective upon this act becoming a law,
15 the Florida Building Commission shall convene an ad hoc
16 subcommittee to recommend a procedure by which the public
17 could elect to engage an engineer or architect to perform
18 plans review and inspection for the construction, alteration,
19 repair, or improvement of real property, and the appropriate
20 role of the local building official in such an alternative
21 plans review and inspection procedure and in the resulting
22 issuance of a building permit and certificate of occupancy.
23 (1) The ad hoc committee shall be composed of 11
24 members appointed by the chairperson of the commission who
25 shall meet the following qualifications:
26 (a) Five members from the Building Officials
27 Association of Florida;
28 (b) Two members from the Associated General
29 Contractors of Florida;
30 (c) One member from the Florida Homebuilders
31 Association;
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1 (d) One member from the Florida Engineering Society;
2 (e) One member from the Florida Association of the
3 American Institute of Architects; and
4 (f) One member from the Florida Insurance Council.
5 (2) The ad hoc subcommittee shall meet at least four
6 times prior to January 1, 2002. Members may participate in any
7 meeting via telephone conference if the technology is
8 available at the meeting location. Members shall serve on a
9 voluntary basis, without compensation and without
10 reimbursement of per diem and travel expenses.
11 (3) The ad hoc subcommittee shall examine the various
12 processes used by local building officials throughout the
13 state in conducting plans review for the construction,
14 alteration, repair, or improvement of real property, and
15 approving building permit applications, as well as those
16 processes used by local building officials in conducting
17 required inspections for construction, alteration, repair, or
18 improvement of real property, and issuing certificates of
19 occupancy. The ad hoc subcommittee shall make recommendations
20 on the following:
21 (a) A procedure by which the public could elect to
22 engage an engineer or architect to perform plans review and
23 inspection for the construction, alteration, repair, or
24 improvement of real property; and
25 (b) The appropriate role of the local building
26 official in such an alternative plans review and inspection
27 procedure and in the resulting issuance of a building permit
28 and certificate of occupancy.
29 (4) The ad hoc subcommittee shall submit to the
30 Florida Building Commission its recommendations and findings
31 by January 1, 2002. The commission shall submit to the
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Bill No. CS for CS for SB's 336 & 190
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1 Governor, the President of the Senate, and the Speaker of the
2 House of Representatives, before the beginning of the next
3 regularly scheduled legislative session, a report of its
4 findings, which shall include the recommendations of the ad
5 hoc committee.
6 (5) The Department of Community Affairs shall provide
7 logistical and staff support for the ad hoc subcommittee.
8 Section 28. Subsection (1) of section 627.0629,
9 Florida Statutes, as amended by section 99 of chapter
10 2000-141, Laws of Florida, is amended to read:
11 627.0629 Residential property insurance; rate
12 filings.--
13 (1) A rate filing for residential property insurance
14 must include actuarially reasonable discounts, credits, or
15 other rate differentials, or appropriate reductions in
16 deductibles, for properties on which fixtures or construction
17 techniques demonstrated to reduce the amount of loss in a
18 windstorm have been installed or implemented. The fixtures or
19 construction techniques shall include, but not be limited to,
20 fixtures or construction techniques which enhance roof
21 strength, roof covering performance, roof-to-wall strength,
22 wall-to-floor-to-foundation strength, opening protection, and
23 window, door, and skylight strength. Credits, discounts, or
24 other rate differentials for fixtures and construction
25 techniques which meet the minimum requirements of the Florida
26 Building Code must be included in the rate filing. All
27 insurance companies must make a rate filing which includes the
28 credits, discounts, or other rate differentials by December 31
29 June 1, 2002.
30 Section 29. Effective upon this act becoming a law,
31 paragraph (c) of subsection (3) of section 633.0215, Florida
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Amendment No. ___ Barcode 134464
1 Statutes, is amended to read:
2 633.0215 Florida Fire Prevention Code.--
3 (3) No later than 180 days before the triennial
4 adoption of the Florida Fire Prevention Code, the State Fire
5 Marshal shall notify each municipal, county, and special
6 district fire department of the triennial code adoption and
7 steps necessary for local amendments to be included within the
8 code. No later than 120 days before the triennial adoption of
9 the Florida Fire Prevention Code, each local jurisdiction
10 shall provide the State Fire Marshal with copies of its local
11 fire code amendments. The State Fire Marshal has the option to
12 process local fire code amendments that are received less than
13 120 days before the adoption date of the Florida Fire
14 Prevention Code.
15 (c) Notwithstanding other state or local building and
16 construction code laws to the contrary, locally adopted fire
17 code requirements that were in existence on the effective date
18 of this section shall be deemed local variations of the
19 Florida Fire Prevention Code until the State Fire Marshal
20 takes action to adopt as a statewide firesafety code
21 requirement or rescind such requirements as provided herein,
22 and such action shall take place no later than January 1, 2002
23 July 1, 2001.
24 Section 30. Effective upon this act becoming a law,
25 section 1 of chapter 2000-150, Laws of Florida, is repealed.
26 Section 31. Effective upon this act becoming a law,
27 the Florida Building Commission shall research and evaluate
28 the types of specific needs for the state and its localities
29 which are appropriate to justify amendments to the adopted
30 Florida Building Code, as referenced in section 553.73(3),
31 Florida Statutes, and shall make recommendations regarding
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Amendment No. ___ Barcode 134464
1 legislative clarification of this issue to the Legislature
2 prior to the 2002 Regular Session. The commission shall
3 consider needs relating to the state's geographic, climatic,
4 soil, topographic, fire, and other conditions as part of its
5 evaluation. The commission shall adopt no amendments to the
6 Florida Building Code until after July 1, 2002, except for the
7 following: emergency amendments, amendments clarifying
8 construction regulations for state agencies, amendments that
9 eliminate conflicts with state law or implement new
10 authorities granted by law, and amendments to implement
11 settlement agreements executed prior to March 1, 2002.
12 Section 32. Effective upon this act becoming a law,
13 the sum of $250,000 is appropriated from the General Revenue
14 Fund to Florida Community College at Jacksonville for the
15 operations of the Institute of Applied Technology in
16 Construction Excellence.
17 Section 33. The sum of $250,000 is appropriated from
18 the General Revenue Fund to Miami-Dade Community College for
19 the purpose of implementing the building code training program
20 for inspectors, contractors, architects, and engineers.
21 Section 34. Except as otherwise expressively provided
22 in this act, this act shall take effect January 1, 2002.
23
24
25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 Delete everything before the enacting clause
28
29 and insert:
30 A bill to be entitled
31 An act relating to the Florida Building Code;
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Bill No. CS for CS for SB's 336 & 190
Amendment No. ___ Barcode 134464
1 amending s. 235.061, F.S.; delaying the date by
2 which relocatables used as classrooms must meet
3 certain standards; amending s. 235.212, F.S.;
4 specifying certain low-energy window standards
5 for relocatable classrooms; amending s. 255.31,
6 F.S.; exempting certain facilities from plans
7 reviews and inspections by local governments;
8 amending s. 373.323, F.S.; authorizing water
9 well contractors to install, repair, or modify
10 specified equipment in accordance with the
11 code; amending s. 399.061, F.S.; providing
12 requirements for the inspection of elevators
13 and other conveyances; amending s. 489.509,
14 F.S.; transferring specified licensing fees
15 from the Department of Education to the
16 Department of Community Affairs; amending ss.
17 553.36, 553.415, F.S.; defining the term
18 "factory-built school shelter"; providing for
19 the department to approve plans for such
20 shelters; authorizing districts to charge
21 inspection fees; authorizing approved
22 inspection entities to conduct inspections of
23 factory-built school buildings while they are
24 under construction; delaying the date for
25 inclusion of the Uniform Code for Public
26 Education Facilities in the Florida Building
27 Code; delaying the deadline for inspecting
28 factory-built buildings currently in use;
29 amending ss. 553.505, 553.507, F.S.; conforming
30 cross-references; amending s. 553.73, F.S.;
31 providing for the uniform implementation of
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Bill No. CS for CS for SB's 336 & 190
Amendment No. ___ Barcode 134464
1 parts of the residential swimming pool safety
2 act; providing a process for the approval of
3 technical amendments to the code; providing for
4 the treatment of permit applications submitted
5 prior to the effective date of the code;
6 exempting specified structures from the
7 wind-borne-debris-impact standards of the
8 Florida Building Code; amending s. 553.77,
9 F.S.; requiring the commission to issue
10 specified declaratory statements; providing for
11 hearings; providing for rules for plan review
12 of prototype buildings; authorizing the
13 commission to produce a commentary to accompany
14 the Florida Building Code; amending s. 553.79,
15 F.S.; requiring the code to establish standards
16 for preliminary construction; amending s.
17 553.84, F.S.; providing an exception to certain
18 liability provisions relating to the Florida
19 building Code; creating s. 553.8412, F.S.;
20 providing for statewide outreach for training
21 on the code; amending s. 553.842, F.S.;
22 providing methods for local and statewide
23 approval of products, methods, and systems of
24 construction; providing rulemaking authority;
25 amending s. 553.895, F.S.; exempting specified
26 spaces within telecommunications buildings
27 under specified circumstances; allowing the use
28 of a manual wet standpipe under certain
29 circumstances; directing the commission to
30 research some issues and provide reports to the
31 Legislature; providing an effective date for
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Bill No. CS for CS for SB's 336 & 190
Amendment No. ___ Barcode 134464
1 the Florida Building Code; amending s. 135 of
2 ch. 2000-141, Laws of Florida, and ss. 62(2)
3 and 68 of ch. 98-287, Laws of Florida, as
4 amended; requiring that the Florida Building
5 Commission appoint members to the commission's
6 Education Technical Advisory Committee;
7 specifying duties of the advisory committee;
8 providing for the carryforward of funds
9 collected for research projects; requiring the
10 Florida Building Commission to convene an ad
11 hoc subcommittee to recommend procedures for
12 engaging an engineer or architect to perform
13 plans review and inspections; requiring
14 recommendations for the role of local building
15 officials in issuing building permits and
16 certificates of occupancy; providing for
17 appointment of members; providing for meetings
18 and staff support by the Department of
19 Community Affairs; requiring a report to the
20 Governor and the Legislature by a specified
21 date; amending s. 627.0629, F.S.; delaying a
22 deadline by which insurance companies are
23 required to make certain rate filings; amending
24 s. 663.0215, F.S.; delaying the date on which
25 the State Fire Marshal is required to adopt a
26 statewide firesafety code; providing
27 appropriations; repealing s. 1 of ch. 2000-150,
28 Laws of Florida, relating to legislative intent
29 regarding the meaning of the terms "net
30 premiums written" and "net premiums collected"
31 as used in ch. 440, F.S.; providing an
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Bill No. CS for CS for SB's 336 & 190
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1 effective date.
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