Senate Bill sb0336c1

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    Florida Senate - 2001                    CS for SB's 336 & 190

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senators Constantine and Clary




    316-1489C-01

  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 s. 553.415, F.S.; authorizing

10         districts to charge inspection fees;

11         authorizing approved inspection entities to

12         conduct inspections of factory-built school

13         buildings while they are under construction;

14         delaying the deadline for inspecting

15         factory-built buildings currently in use;

16         amending ss. 553.505, 553.507, F.S.; conforming

17         cross-references; amending s. 553.73, F.S.;

18         providing for the uniform implementation of

19         parts of the residential swimming pool safety

20         act; defining the term "specific needs" for

21         purposes of selection from available codes;

22         providing a process for the approval of

23         technical amendments to the code; authorizing

24         the Florida Building Commission to adopt rules

25         governing the status of construction projects

26         on the date the Florida Building Code takes

27         effect; exempting specified buildings from the

28         wind-impact-resistance standards of the Florida

29         Building Code; amending s. 553.77, F.S.;

30         requiring the commission to issue specified

31         declaratory statements; providing for hearings;

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  1         providing for rules for plan review of

  2         prototype buildings; authorizing the commission

  3         to produce a commentary to accompany the

  4         Florida Building Code; amending s. 553.79,

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

  6         for preliminary construction; amending s.

  7         553.841, F.S.; providing guidelines and funding

  8         for the Building Code Training Program;

  9         amending s. 553.842, F.S.; providing methods

10         for local and statewide approval of products,

11         methods, and systems of construction; providing

12         rulemaking authority; amending s. 553.895,

13         F.S.; exempting specified spaces within

14         telecommunications buildings under specified

15         circumstances; directing the commission to

16         research some issues and provide reports to the

17         Legislature; providing an effective date for

18         the Florida Building Code; requiring that the

19         Florida Building Commission appoint members to

20         the commission's Education Technical Advisory

21         Committee; specifying duties of the advisory

22         committee; providing for the carryforward of

23         funds collected for research projects;

24         providing an effective date.

25

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

27

28         Section 1.  Effective July 1, 2001, subsection (10) is

29  added to section 373.323, Florida Statutes, to read:

30

31

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    Florida Senate - 2001                    CS for SB's 336 & 190
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  1         373.323  Licensure of water well contractors;

  2  application, qualifications, and examinations; equipment

  3  identification.--

  4         (10)  Water well contractors licensed under this

  5  section may install, repair, and modify pumps and tanks in

  6  accordance with the Florida Building Code chapter 29; Section

  7  612--Wells pumps and tanks used for private potable water

  8  systems. In addition, licensed water well contractors may

  9  install pumps, tanks, and water conditioning equipment for all

10  water well systems.

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

12  Statutes, is amended to read:

13         489.509  Fees.--

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

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

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

17  Department of Community Affairs Education to fund projects

18  relating to the building construction industry or continuing

19  education programs offered to persons engaged in the building

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

21  the funds are transferred, advise the Department of Community

22  Affairs Education on the most needed areas of research or

23  continuing education based on significant changes in the

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

25  complaints or on problems costing the state or local

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

27  not binding on the Department of Community Affairs Education.

28  The Department of Education must allocate 50 percent of the

29  funds to a graduate program in building construction in a

30  Florida university and 50 percent of the funds to all

31  accredited private and state universities and community

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  1  colleges within the state offering approved courses in

  2  building construction, with each university or college

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

  4  of full-time building construction students enrolled at the

  5  institution. The Department of Community Affairs Education

  6  shall ensure the distribution of research reports and the

  7  availability of continuing education programs to all segments

  8  of the building construction industry to which they relate.

  9  The Department of Community Affairs Education shall report to

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

11  of the funds by institution and summarizing the new projects

12  funded and the status of previously funded projects. The

13  Commissioner of Education is directed to appoint one

14  electrical contractor and one certified alarm system

15  contractor to the Building Construction Industry Advisory

16  Committee.

17         Section 3.  Subsections (9) and (13) of section

18  553.415, Florida Statutes, are amended to read:

19         553.415  Factory-built school buildings.--

20         (9)  The school district or community college district

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

22  altered shall provide for periodic inspection of the proposed

23  factory-built school building during each phase of

24  construction or alteration. The inspector shall act under the

25  direction of the governing board for employment purposes. A

26  school district or community college district may charge the

27  manufacturer of such buildings for services at reasonable

28  rates comparable to those charged for similar services by

29  approved inspection agencies. These periodic inspections of

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

31  approved inspection agency certified pursuant to s. 553.36(2).

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

  2  constructed factory-built school buildings shall bear a label

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

  4  factory-built school buildings, and manufactured buildings

  5  used as classrooms, not bearing such label shall not be used

  6  as classrooms pursuant to s. 235.061.

  7         Section 4.  Effective July 1, 2001, section 553.505,

  8  Florida Statutes, is amended to read:

  9         553.505  Exceptions to applicability of the Americans

10  with Disabilities Act.--Notwithstanding the Americans with

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

12  553.501-553.513. Parking spaces, parking lots, and other

13  parking facilities are governed by s. 553.5041 s. 316.1955,

14  when that section provides increased accessibility.

15         Section 5.  Effective July 1, 2001, section 553.507,

16  Florida Statutes, is amended to read:

17         553.507  Exemptions.--Sections 553.501-553.513 and s.

18  316.1955(4) do not apply to any of the following:

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

20  either under construction or under contract for construction

21  on October 1, 1997.

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

23  existence on October 1, 1997, unless:

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

25  converted from residential to nonresidential or mixed use, as

26  defined by local law;

27         (b)  The proposed alteration or renovation of the

28  building, structure, or facility will affect usability or

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

30  303(a) of the Americans with Disabilities Act of 1990; or

31

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  1         (c)  The original construction or any former alteration

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

  3  carried out in violation of applicable permitting law.

  4         Section 6.  Subsections (2) and (3), paragraph (b) of

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

  6  553.73, Florida Statutes, as amended by section 40 of chapter

  7  98-287, Laws of Florida, as amended by section 61 of chapter

  8  98-419, Laws of Florida, as amended by sections 73, 74, and 75

  9  of chapter 2000-141, Laws of Florida, and section 62 of

10  chapter 2000-154, Laws of Florida, are amended, and present

11  subsections (8), (9), and (10) of that section are

12  redesignated as subsections (9), (10), and (11), respectively,

13  to read:

14         553.73  State Minimum Building Codes.--

15         (2)  The Florida Building Code shall contain provisions

16  or requirements for public and private buildings, structures,

17  and facilities relative to structural, mechanical, electrical,

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

19  historical buildings, manufactured buildings, elevators,

20  coastal construction, lodging facilities, food sales and food

21  service facilities, health care facilities, including assisted

22  living facilities, adult day care facilities, and facilities

23  for the control of radiation hazards, public or private

24  educational facilities, swimming pools, and correctional

25  facilities and enforcement of and compliance with such

26  provisions or requirements. Further, the Florida Building Code

27  must provide for uniform implementation of ss. 515.25, 515.27,

28  and 515.29 by including standards and criteria for residential

29  swimming pool barriers, pool covers, latching devices, door

30  and window exit alarms, and other equipment required therein,

31  which are consistent with the intent of s. 515.23. Technical

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    Florida Senate - 2001                    CS for SB's 336 & 190
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  1  provisions to be contained within the Florida Building Code

  2  are restricted to requirements related to the types of

  3  materials used and construction methods and standards employed

  4  in order to meet criteria specified in the Florida Building

  5  Code. Provisions relating to the personnel, supervision or

  6  training of personnel, or any other professional qualification

  7  requirements relating to contractors or their workforce may

  8  not be included within the Florida Building Code, and

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

10  the inclusion of such provisions within the Florida Building

11  Code by amendment. This restriction applies to both initial

12  development and amendment of the Florida Building Code.

13         (3)  The commission shall select from available

14  national or international model building codes, or other

15  available building codes and standards currently recognized by

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

17  Building Code. The commission may modify the selected model

18  codes and standards as needed to accommodate the specific

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

20  "specific needs" means needs identified as a unique physical

21  characteristic that relate to Florida's geography, climatic

22  condition, soil, topography, or other conditions that are

23  measurably different from other areas of the nation and when

24  the commission determines the model code does not adequately

25  provide a standard of safety or protection for the state.

26  Standards or criteria referenced by the selected model codes

27  shall be similarly incorporated by reference.  If a referenced

28  standard or criterion requires amplification or modification

29  to be appropriate for use in this state, only the

30  amplification or modification shall be specifically set forth

31  in the Florida Building Code. The Florida Building Commission

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  1  may approve technical amendments to the code after the

  2  amendments have been subject to the following conditions:

  3         (a)  The proposed amendment has been published on the

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

  5  associated documentation has been made available to any

  6  interested party before any consideration by any Technical

  7  Advisory Committee;

  8         (b)  In order for a Technical Advisory Committee to

  9  make a favorable recommendation to the commission the proposal

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

11  the Technical Advisory Committee meeting and at least half of

12  the regular members must be present in order to conduct a

13  meeting;

14         (c)  After Technical Advisory Committee consideration

15  and a recommendation for approval of any proposed amendment

16  the proposal must be published on the commission's website for

17  not less than 45 days before any consideration by the

18  commission; and

19         (d)  Any proposal may be modified by the commission

20  based on public testimony and evidence from a public hearing

21  held in accordance with chapter 120.

22

23  The commission shall incorporate within sections of the

24  Florida Building Code provisions which address regional and

25  local concerns and variations. The commission shall make every

26  effort to minimize conflicts between the Florida Building

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

28  Code.

29         (4)

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

31  of this section, adopt amendments to the technical provisions

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    Florida Senate - 2001                    CS for SB's 336 & 190
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  1  of the Florida Building Code which apply solely within the

  2  jurisdiction of such government and which provide for more

  3  stringent requirements than those specified in the Florida

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

  5         1.  The local governing body determines, following a

  6  public hearing which has been advertised in a newspaper of

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

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

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

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

11  demonstrates that local conditions justify more stringent

12  requirements than those specified in the Florida Building Code

13  for the protection of life and property.

14         2.  Such additional requirements are not discriminatory

15  against materials, products, or construction techniques of

16  demonstrated capabilities.

17         3.  Such additional requirements may not introduce a

18  new subject not addressed in the Florida Building Code.

19         4.  The enforcing agency shall make readily available,

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

21  section.

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

23  transmitted within 30 days by the adopting local government to

24  the commission.  The commission shall maintain copies of all

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

26  the public.

27         6.  Any amendment to the Florida Building Code adopted

28  by a local government pursuant to this paragraph shall be

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

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

31  such time, the commission shall review such amendment for

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

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

  3  the amendment.  The commission shall immediately notify the

  4  respective local government of the rescission of any

  5  amendment. After receiving such notice, the respective local

  6  government may readopt the rescinded amendment pursuant to the

  7  provisions of this paragraph.

  8         7.  Each county and municipality desiring to make local

  9  technical amendments to the Florida Building Code shall by

10  interlocal agreement establish a countywide compliance review

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

12  adopted by a local government within the county pursuant to

13  this paragraph, that is challenged by any substantially

14  affected party for purposes of determining the amendment's

15  compliance with this paragraph. If the compliance review board

16  determines such amendment is not in compliance with this

17  paragraph, the compliance review board shall notify such local

18  government of the noncompliance and that the amendment is

19  invalid and unenforceable until the local government corrects

20  the amendment to bring it into compliance. The local

21  government may appeal the decision of the compliance review

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

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

24  compliance review board determines such amendment to be in

25  compliance with this paragraph, any substantially affected

26  party may appeal such determination to the commission, which

27  shall conduct a hearing under chapter 120 and the uniform

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

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

30  board shall determine whether its decisions apply to a

31  respective local jurisdiction or apply countywide.

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  1         8.  An amendment adopted under this paragraph shall

  2  include a fiscal impact statement which documents the costs

  3  and benefits of the proposed amendment.  Criteria for the

  4  fiscal impact statement shall include the impact to local

  5  government relative to enforcement, the impact to property and

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

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

  8  a basis for challenging the amendment for compliance.

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

10  commission may review any amendments adopted pursuant to this

11  subsection and make nonbinding recommendations related to

12  compliance of such amendments with this subsection.

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

14  120.536(1) and 120.54, shall update the Florida Building Code

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

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

17  commission is deemed adopted for use statewide without

18  adoptions by local government. The commission may adopt by

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

20  governing the status of construction projects in plan review

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

22  shall govern the extent to which projects may be permitted

23  under the statewide minimum building codes after the Florida

24  Building Code takes effect.

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

26  120.536(1) and 120.54, shall update the Florida Building Code

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

28  commission shall consider changes made by the adopting entity

29  of any selected model code for any model code incorporated

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

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

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

  2  adopted by the adopting organization, which may then be

  3  modified for this state as provided in this section, and shall

  4  further consider the commission's own interpretations,

  5  declaratory statements, appellate decisions, and approved

  6  statewide and local technical amendments. A change made by an

  7  institute or standards organization to any standard or

  8  criterion that is adopted by reference in the Florida Building

  9  Code does not become effective statewide until it has been

10  adopted by the commission. Furthermore, the edition of the

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

12  application for of any permit authorized by the code governs

13  the permitted work for the life of the permit and any

14  extension granted to the permit. Any amendment to the Florida

15  Building Code which is adopted upon a finding by the

16  commission that the amendment is necessary to protect the

17  public from immediate threat of harm takes effect immediately.

18         (7)(6)(a)  The commission may approve technical

19  amendments to the Florida Building Code once each year for

20  statewide or regional application upon a finding that the

21  amendment:

22         1.  Has a reasonable and substantial connection with

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

24         2.  Strengthens or improves the Florida Building Code,

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

26  equivalent or better products or methods or systems of

27  construction.

28         3.  Does not discriminate against materials, products,

29  methods, or systems of construction of demonstrated

30  capabilities.

31

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  1         4.  Does not degrade the effectiveness of the Florida

  2  Building Code.

  3

  4  Furthermore, the Florida Building Commission may approve

  5  technical amendments to the code once each year to incorporate

  6  into the Florida Building Code its own interpretations of the

  7  code which are embodied in its opinions and declaratory

  8  statements. Amendments approved under this paragraph shall be

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

10  the amendments have been subjected to the provisions of

11  subsection (3).

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

13  statement which documents the costs and benefits of the

14  proposed amendment.  Criteria for the fiscal impact statement

15  shall be established by rule by the commission and shall

16  include the impact to local government relative to

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

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

19         (c)  The commission may not approve any proposed

20  amendment that does not accurately and completely address all

21  requirements for amendment which are set forth in this

22  section.

23         (8)(7)  The following buildings, structures, and

24  facilities are exempt from the Florida Building Code as

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

26  determined by the Legislature and provided by law:

27         (a)  Buildings and structures specifically regulated

28  and preempted by the Federal Government.

29         (b)  Railroads and ancillary facilities associated with

30  the railroad.

31         (c)  Nonresidential farm buildings on farms.

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  1         (d)  Temporary buildings or sheds used exclusively for

  2  construction purposes.

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

  4  that the provisions of part V relating to accessibility by

  5  persons with disabilities shall apply to such mobile homes.

  6         (f)  Those structures or facilities of electric

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

  8  involved in the generation, transmission, or distribution of

  9  electricity.

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

11  commercial motion picture or television production, or any

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

13  the premises.

14         (h)  Storage sheds that are manufactured and assembled

15  offsite, that are not designed for human habitation, and that

16  have a floor area of 720 square feet or less are exempt only

17  from the mandatory wind-impact-resistance standards of the

18  code.

19

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

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

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

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

24  categories of buildings exempted in this section, including

25  exceptions for application of specific sections of the code or

26  standards adopted therein. The Department of Agriculture and

27  Consumer Services shall have exclusive authority to adopt by

28  rule, pursuant to chapter 120, exceptions to nonresidential

29  farm buildings exempted in paragraph (c) when reasonably

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

31  exceptions must be based upon specific criteria, such as

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

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

  3  the commission may recommend to the Legislature additional

  4  categories of buildings, structures, or facilities which

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

  6  provided by law.

  7         Section 7.  Paragraphs (e) and (h) of subsection (1)

  8  and subsections (2) and (6) of section 553.77, Florida

  9  Statutes, as amended by section 46 of chapter 98-287, Laws of

10  Florida, as amended by section 78 of chapter 2000-141, Laws of

11  Florida, as amended by section 79 of chapter 2000-141, Laws of

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

13  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         (2)  With respect to the qualification program for

  8  special inspectors of threshold buildings as required by s.

  9  553.79(5)(c), the commission may prescribe initial and annual

10  renewal fees for certification, by rule, in accordance with

11  chapter 120.

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

13  review and approval of prototype buildings owned by public and

14  private entities to be replicated throughout the state. The

15  rule must allow for review and approval of plans for prototype

16  buildings to be performed by a public or private entity with

17  oversight by the commission. The department may charge

18  reasonable fees to cover the administrative costs of the

19  program. Such approved plans or prototype buildings shall be

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

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

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

23  buildings are exempt from, or any locally adopted local

24  amendment to any part of the Florida Building Code.

25  Construction or erection of such prototype buildings is

26  subject to local permitting and inspections pursuant to this

27  part.

28         (7)  The commission may produce and distribute a

29  commentary document to accompany the Florida Building Code.

30  The commentary must be limited in effect to providing

31

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  1  technical assistance and must not have the effect of binding

  2  interpretations of the code document itself.

  3         Section 8.  Subsections (2) and (6) of section 553.79,

  4  Florida Statutes, as amended by section 49 of chapter 98-287,

  5  Laws of Florida, as amended by sections 83 and 84 of chapter

  6  2000-141, Laws of Florida, are amended to read:

  7         553.79  Permits; applications; issuance; inspections.--

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

  9  enforcing agency may not issue any permit for construction,

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

11  any building or structure until the local building code

12  administrator or inspector has reviewed the plans and

13  specifications required by the Florida Building Code, or local

14  amendment thereto, for such proposal and found the plans to be

15  in compliance with the Florida Building Code. In addition, an

16  enforcing agency may not issue any permit for construction,

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

18  any building until the appropriate firesafety inspector

19  certified pursuant to s. 633.081 has reviewed the plans and

20  specifications required by the Florida Building Code, or local

21  amendment thereto, for such proposal and found that the plans

22  comply with the Florida Fire Prevention Code and the Life

23  Safety Code. Any building or structure which is not subject to

24  a firesafety code shall not be required to have its plans

25  reviewed by the firesafety inspector. Any building or

26  structure that is exempt from the local building permit

27  process may not be required to have its plans reviewed by the

28  local building code administrator. Industrial construction on

29  sites where design, construction, and firesafety are

30  supervised by appropriate design and inspection professionals

31  and which contain adequate in-house fire departments and

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  1  rescue squads is exempt, subject to local government option,

  2  from review of plans and inspections, providing owners certify

  3  that applicable codes and standards have been met and supply

  4  appropriate approved drawings to local building and firesafety

  5  inspectors.  The enforcing agency shall issue a permit to

  6  construct, erect, alter, modify, repair, or demolish any

  7  building or structure when the plans and specifications for

  8  such proposal comply with the provisions of the Florida

  9  Building Code and the Florida Fire Prevention Code and the

10  Life Safety Code as determined by the local authority in

11  accordance with this chapter and chapter 633.

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

13  construction, erection, alteration, modification, repair, or

14  addition unless the applicant for such permit complies with

15  the requirements for plan review established by the Florida

16  Building Commission within the Florida Building Code. However,

17  the code shall set standards and criteria to authorize

18  preliminary construction before completion of all building

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

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

21  concurrent with the first effective date of the Florida

22  Building Code.

23         Section 9.  Effective July 1, 2001, subsection (12) is

24  added to section 553.841, Florida Statutes, to read:

25         553.841  Building code training program; participant

26  competency requirements.--

27         (12)  The Florida Building Commission and the

28  Department of Community Affairs, or its designee, shall

29  contract annually, to the extent that resources are provided,

30  with the Building Officials Association of Florida to deliver

31  training developed through the Building Code Training Program.

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  1  The training shall be delivered through the Building

  2  Official's Association of Florida in conjunction with a

  3  private partnership composed of the various construction trade

  4  associations. At a minimum there must be provided for this

  5  program at least 15 percent of the funds, not to exceed

  6  $500,000, as provided in s. 215.559(2)(a) which are dedicated

  7  to those structures that fall under the requirements of

  8  chapter 553.

  9         Section 10.  Effective July 1, 2001, section 553.842,

10  Florida Statutes, is amended to read:

11         553.842  Product evaluation and approval.--

12         (1)  The commission shall adopt rules under ss.

13  120.536(1) and 120.54 make recommendations to the President of

14  the Senate and the Speaker of the House of Representatives

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

16  product evaluation and approval system to operate in

17  coordination with the Florida Building Code.  The product

18  evaluation and approval system shall provide:

19         (a)  Appropriate promotion of innovation and new

20  technologies.

21         (b)  Processing submittals of products from

22  manufacturers in a timely manner.

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

24  testing and laboratory facilities, product evaluation

25  entities, quality assurance agencies, certification agencies,

26  and validation entities.

27         (d)  An easily accessible product acceptance list to

28  entities subject to the Florida Building Code.

29         (e)  Development of stringent but reasonable testing

30  criteria based upon existing consensus standards, when

31  available, for products.

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

  2  local approvals will be valid until the requirements of the

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

  4  changes, or the approval is revoked.

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

  6  approval.

  7         (h)  Cost-effectiveness.

  8         (2)  The product evaluation and approval system shall

  9  rely on regional, national, and international consensus

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

11  demonstrating compliance with code standards. Other standards

12  which meet or exceed established state requirements shall also

13  be considered.

14         (3)  Products or methods or systems of construction

15  that require approval under s. 553.77 required to be approved

16  and that are certified by an approved product evaluation

17  entity as complying with the standards specified by the code

18  shall be permitted to be used statewide, without further

19  evaluation or approval.

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

21  of construction requiring approval under s. 553.77 must be

22  approved by one of the methods established in subsections (5)

23  and (6) before their use in construction in this state.

24  Products may be approved either by the commission for

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

26  that department's jurisdiction only. Notwithstanding a local

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

28  provided in this act, statewide approval shall preclude local

29  jurisdictions from requiring further testing, evaluation, or

30  submission of other evidence as a condition of using the

31

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

  2  the conditions of its approval.

  3         (5)  Statewide and Local approval of products or

  4  methods or systems of construction may shall be achieved by

  5  the local building official through building plans review and

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

  7  construction complies with the prescriptive standards

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

  9  apply to the following categories of products:  structural

10  components as established by the commission by rule, panel

11  walls, exterior doors, roofing, skylights, windows, and

12  shutters. Alternatively, local approval may be achieved by one

13  of the methods established in subsection (6).

14         (6)  Statewide or local approval of products, methods,

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

16  following methods. One of these methods must be used by local

17  officials or the commission to approve the following

18  categories of products:  panel walls, exterior doors, roofing,

19  skylights, windows, shutters, and structural components.

20         (a)  Products for which the code establishes

21  performance measures shall be approved by submittal and

22  validation of one of the following reports indicating that the

23  product or method or system of construction was evaluated to

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

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

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

27  Florida Building Code:

28         1.  A certification mark or listing of an approved

29  certification agency;

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

31

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  1         3.  A product evaluation report based upon testing or

  2  rational analysis, or a combination thereof from an approved

  3  product evaluation entity; or

  4         4.  A product evaluation report based upon testing or

  5  rational analysis, or a combination thereof, developed and

  6  signed and sealed by a professional engineer or architect,

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

  8  established by the commission by rule.

  9         (b)  Products, methods, or systems of construction for

10  which there are no specific standards established in the code

11  may be approved by submittal and validation of one of the

12  following:

13         1.  A product evaluation report based upon testing or

14  rational analysis, or a combination thereof, from an approved

15  product evaluation entity indicating that the product or

16  method or system of construction was evaluated to be in

17  compliance with the intent of the Florida Building Code and

18  that the product or method or system of construction is, for

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

20  the Florida Building Code; or

21         2.  A product evaluation report based upon testing or

22  rational analysis, or a combination thereof, developed and

23  signed and sealed by a professional engineer or architect,

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

25  established by the commission by rule, who certifies that the

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

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

28  Florida Building Code.

29         (7)  The commission shall ensure that product

30  manufacturers operate quality-assurance programs for all

31

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  1  approved products. The commission shall adopt by rule criteria

  2  for operation of the quality-assurance programs.

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

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

  5  rule criteria constituting complete validation by the local

  6  official. For state approvals, validation shall be performed

  7  by validation entities approved by the commission. The

  8  commission shall adopt by rule criteria for approval of

  9  validation entities, which shall be third-party entities

10  independent of the product's manufacturer and which shall

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

12  code.

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

14  following types of entities that produce information on which

15  product approvals are based:

16         (a)  Evaluation entities that meet the criteria for

17  approval adopted by the commission by rule. The commission

18  shall specifically approve the National Evaluation Service,

19  the International Conference of Building Officials Evaluation

20  Services, the Building Officials and Code Administrators

21  International Evaluation Services, the Southern Building Code

22  Congress International Evaluation Services, and the Miami-Dade

23  County Product Control Division.

24         (b)  Testing laboratories accredited by national

25  organizations such as A2LA and National Voluntary Laboratory

26  Accreditation Program, accredited by evaluation entities

27  approved under paragraph (a), and laboratories that comply

28  with other guidelines for testing laboratories selected by the

29  commission and adopted by rule.

30         (c)  Quality-assurance entities approved by evaluation

31  entities approved under paragraph (a) and by certification

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  1  agencies approved under paragraph (d) and other

  2  quality-assurance entities that comply with guidelines

  3  selected by the commission and adopted by rule.

  4         (d)  Certification agencies accredited by nationally

  5  recognized accreditors and other certification agencies that

  6  comply with guidelines selected by the commission and adopted

  7  by rule.

  8         (e)  Validation entities that comply with accreditation

  9  standards established by the commission by rule.:

10         (a)  Submittal and validation of a product evaluation

11  report from an approved product evaluation entity indicating

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

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

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

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

16  least equivalent of that required by the Florida Building

17  Code; or

18         (b)  Submittal and validation of a product evaluation

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

20  professional engineer or architect, licensed in this state,

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

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

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

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

25  product approved under this procedure shall be required to be

26  manufactured under a quality assurance program, certified by

27  an approved product evaluation entity.

28         (10)(6)  A building official may deny the local

29  application of a product or method or system of construction

30  which has received statewide approval, based upon a written

31  report signed by the official that concludes the product

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  1  application is inconsistent with the statewide approval and

  2  that states the reasons the application is inconsistent.  Such

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

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

  5         (11)(7)  Products, other than manufactured buildings,

  6  which are custom fabricated or assembled shall not require

  7  separate approval under this section provided the component

  8  parts have been approved for the fabricated or assembled

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

10  requirements of the Florida Building Code which applies to the

11  product's intended use.

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

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

14  construction to the commission. The commission shall conduct a

15  hearing under chapter 120 and the uniform rules of procedure

16  and shall establish expedited procedures to handle such

17  appeals in an expedited manner.

18         (13)(9)  The decisions of local building officials

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

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

21  a hearing under chapter 120 and the uniform rules of

22  procedure. Decisions of the commission regarding statewide

23  product approvals and appeals of local product approval shall

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

25         (14)(10)  The commission shall maintain a list of the

26  state-approved approved products, and product evaluation

27  entities, testing laboratories, quality-assurance agencies,

28  certification agencies, and validation entities and make such

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

30  commission shall establish reasonable timeframes associated

31

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  1  with the product approval process and availability of the

  2  lists list.

  3         (15)  The commission shall by rule establish criteria

  4  for revocation of product approvals as well as approvals of

  5  product evaluation entities, testing laboratories,

  6  quality-assurance entities, certification agencies, and

  7  validation entities. Revocation is governed by s. 120.60 and

  8  the uniform rules of procedure.

  9         (16)  The commission shall establish a schedule for

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

11  the product manufacturing industry has sufficient time to

12  revise products to meet the requirements for approval and

13  submit them for testing or evaluation before the system taking

14  effect on October 1, 2003, and to ensure that the availability

15  of statewide approval is not delayed.

16         (11)  The commission may establish reasonable and

17  appropriate fees for the review of rational analyses and

18  certification of manufactured buildings submitted pursuant to

19  this section and may enter into any contracts the commission

20  deems necessary in order to implement this section.

21         (12)  Products certified or approved for statewide or

22  local use by an approved product evaluation entity prior to

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

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

25  with this section.

26

27  For purposes of this section, an approved product evaluation

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

29  recognized independent evaluation authority or entity

30  otherwise approved by the commission.

31

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  1         Section 11.  Effective July 1, 2001, subsection (2) of

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

  3         553.895  Firesafety.--

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

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

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

  7  regardless of occupancy classification and including any

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

  9  with an automatic sprinkler system installed in compliance

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

11  adopted pursuant thereto.  A stand-alone parking garage

12  constructed with noncombustible materials, the design of which

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

14  the atmosphere on all sides with percentages of openings as

15  prescribed in the applicable building code, and which parking

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

17  is exempt from the requirements of this subsection.

18  Telecommunications spaces located within telecommunications

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

20  fire-prevention standard approved by both the Florida Building

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

22  requirements of this subsection.

23         Section 12.  The Florida Building Commission shall

24  research the issue of adopting a rehabilitation code for the

25  state and shall report to the Legislature before the 2002

26  Regular Session regarding the feasibility of adopting such a

27  code. The commission shall review the rehabilitation codes

28  adopted by other states as part of its research.

29         Section 13.  The Florida Building Commission shall

30  research the issue of requiring all primary elevators in

31  buildings with more than five levels to operate with a

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  1  universal key, thereby allowing access and operation by

  2  emergency personnel. The commission must report its

  3  recommendations to the Legislature before the 2002 Regular

  4  Session.

  5         Section 14.  Notwithstanding the effective date of any

  6  section of chapter 2000-141, Laws of Florida, the effective

  7  date of the Florida Building Code is October 1, 2001.

  8         Section 15.  Funds that are available under sections

  9  489.109(3) and 489.509(3), Florida Statutes, shall be

10  allocated and expended by the Florida Building Commission as

11  provided in this section.

12         (1)  The Florida Building Commission shall appoint

13  those members of the Building Construction Industry Advisory

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

15  6A-10.029, Florida Administrative Code, to the Education

16  Technical Advisory Committee of the Florida Building

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

18  Florida Building Commission shall also be appointed to the

19  Education Technical Advisory Committee. The members of the

20  committee shall broadly represent the building construction

21  industry and must consist of no fewer than 10 persons. The

22  chairperson of the Florida Building Commission shall annually

23  designate the chairperson of the committee. The terms of the

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

25  reappointed at the discretion of the Florida Building

26  Commission.

27         (2)  The Educational Technical Advisory Committee

28  shall:

29         (a)  Advise the commission on any policies or

30  procedures needed to administer sections 489.109(3) and

31  489.509(3), Florida Statutes.

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  1         (b)  Advise the commission on administering section

  2  553.841, Florida Statutes.

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

  4  which funds should be expended for research and continuing

  5  education.

  6         (d)  Review all proposed research and continuing

  7  education projects and recommend to the commission those

  8  projects that should be funded and the amount of funds to be

  9  provided for each project.

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

11  Department of Community Affairs from the Construction Industry

12  Licensing Board and the Electrical Contractors' Licensing

13  Board provided under sections 489.109(3) and 489.509(3),

14  Florida Statutes, the commission shall determine the amount of

15  funds available for research projects from the proceeds of

16  contractor licensing fees and identify, solicit, and accept

17  funds from other sources for research and continuing education

18  projects.

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

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

21  funds shall be carried forward and allocated for use during

22  the following fiscal year.

23         Section 16.  Except as otherwise provided in this act,

24  this act shall take effect October 1, 2001.

25

26

27

28

29

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    Florida Senate - 2001                    CS for SB's 336 & 190
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          SBs 336 & 190

  3

  4  This CS implements the recommendations of the Florida Building
    Commission providing for a state product approval system, the
  5  applicability of the Florida Building Code to storage sheds,
    plan review of prototype buildings, license fees to fund
  6  research and education relating to the construction industry,
    construction permits, Code Commentary on the Florida Building
  7  Code, exemptions from fire safety provisions, the effective
    date of the code, and other issues relating to the Florida
  8  Building Code.

  9  The bill also contains provisions relating to water well
    contractors, inspection of factory-built school buildings,
10  construction of swimming pools, technical amendments to the
    Florida Building Code, the Building Code Training Program,
11  development of a rehabilitation code, a study of the necessity
    for universal elevator keys for emergency personnel, and
12  appointments to the Education Technical Advisory Committee of
    the Florida Building Commission.
13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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