Senate Bill sb0336c2

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

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




    309-1856A-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 ss. 553.36, 553.415, F.S.;

10         defining the term "factory-built school

11         shelter"; providing for the department to

12         approve plans for such shelters; authorizing

13         districts to charge inspection fees;

14         authorizing approved inspection entities to

15         conduct inspections of factory-built school

16         buildings while they are under construction;

17         delaying the deadline for inspecting

18         factory-built buildings currently in use;

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

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

21         providing for the uniform implementation of

22         parts of the residential swimming pool safety

23         act; defining the term "specific needs" for

24         purposes of selection from available codes;

25         providing a process for the approval of

26         technical amendments to the code; providing for

27         the treatment of permit applications submitted

28         prior to the effective date of the code;

29         exempting specified structures from the

30         wind-borne-debris-impact standards of the

31         Florida Building Code; amending s. 553.77,

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  1         F.S.; requiring the commission to issue

  2         specified declaratory statements; providing for

  3         hearings; providing for rules for plan review

  4         of prototype buildings; authorizing the

  5         commission to produce a commentary to accompany

  6         the Florida Building Code; amending s. 553.79,

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

  8         for preliminary construction; creating s.

  9         553.8412, F.S.; providing for statewide

10         outreach for training on the code; amending s.

11         553.842, F.S.; providing methods for local and

12         statewide approval of products, methods, and

13         systems of construction; providing rulemaking

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

15         specified spaces within telecommunications

16         buildings under specified circumstances;

17         allowing the use of a manual wet standpipe

18         under certain circumstances; directing the

19         commission to research some issues and provide

20         reports to the Legislature; amending s. 135 of

21         ch. 2000-141, Laws of Florida, and ss. 62(2)

22         and 68 of ch. 98-287, Laws of Florida, as

23         amended; providing an effective date for the

24         Florida Building Code; requiring that the

25         Florida Building Commission appoint members to

26         the commission's Education Technical Advisory

27         Committee; specifying duties of the advisory

28         committee; providing for the carryforward of

29         funds collected for research projects;

30         requiring the Florida Building Commission to

31         convene an ad hoc subcommittee to recommend

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  1         procedures for engaging an engineer or

  2         architect to perform plans review and

  3         inspections; requiring recommendations for the

  4         role of local building officials in issuing

  5         building permits and certificates of occupancy;

  6         providing for appointment of members; providing

  7         for meetings and staff support by the

  8         Department of Community Affairs; requiring a

  9         report to the Governor and the Legislature by a

10         specified date; amending s. 663.0215, F.S.;

11         delaying the date on which the State Fire

12         Marshal is required to adopt a statewide

13         firesafety code; providing an appropriation;

14         providing an effective date.

15

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

17

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

19  373.323, Florida Statutes, to read:

20         373.323  Licensure of water well contractors;

21  application, qualifications, and examinations; equipment

22  identification.--

23         (10)  Water well contractors licensed under this

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

25  accordance with the Florida Building Code, Plumbing; Section

26  612--Wells pumps and tanks used for private potable water

27  systems. In addition, licensed water well contractors may

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

29  water well systems.

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

31  Statutes, is amended to read:

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  1         489.509  Fees.--

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

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

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

  5  Department of Community Affairs Education to fund projects

  6  relating to the building construction industry or continuing

  7  education programs offered to persons engaged in the building

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

  9  the funds are transferred, advise the Department of Community

10  Affairs Education on the most needed areas of research or

11  continuing education based on significant changes in the

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

13  complaints or on problems costing the state or local

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

15  not binding on the Department of Community Affairs Education.

16  The Department of Education must allocate 50 percent of the

17  funds to a graduate program in building construction in a

18  Florida university and 50 percent of the funds to all

19  accredited private and state universities and community

20  colleges within the state offering approved courses in

21  building construction, with each university or college

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

23  of full-time building construction students enrolled at the

24  institution. The Department of Community Affairs Education

25  shall ensure the distribution of research reports and the

26  availability of continuing education programs to all segments

27  of the building construction industry to which they relate.

28  The Department of Community Affairs Education shall report to

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

30  of the funds by institution and summarizing the new projects

31  funded and the status of previously funded projects. The

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  1  Commissioner of Education is directed to appoint one

  2  electrical contractor and one certified alarm system

  3  contractor to the Building Construction Industry Advisory

  4  Committee.

  5         Section 3.  Present subsections (7) through (15) of

  6  section 553.36, Florida Statutes, are redesignated as

  7  subsections (8) through (16), respectively, and a new

  8  subsection (7) is added to that section, to read:

  9         553.36  Definitions.--The definitions contained in this

10  section govern the construction of this part unless the

11  context otherwise requires.

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

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

14  designed to be portable, relocatable, demountable, or

15  reconstructible and that complies with the provisions for

16  enhanced hurricane protection areas, as required by the

17  applicable code.

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

19  553.415, Florida Statutes, are amended to read:

20         553.415  Factory-built school buildings.--

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

22  department for factory-built school buildings and such

23  department-approved plans shall be accepted by the enforcement

24  agency as approved for the purpose of obtaining a construction

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

26  designated representative, shall determine if the plans

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

28  defined in s. 553.36.

29         (9)  The school district or community college district

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

31  altered after October 1, 2001, shall provide for periodic

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  1  inspection of the proposed factory-built school building

  2  during each phase of construction or alteration. The inspector

  3  shall act under the direction of the governing board for

  4  employment purposes. Nothing in this subsection shall prevent

  5  a school district or community college district from

  6  purchasing or otherwise using a factory-built school building

  7  that has been inspected during all phases of construction or

  8  alteration conducted after October 1, 2001, by another school

  9  district or community college or by an approved inspection

10  agency certified pursuant to s. 553.36(2). If a factory-built

11  school building is constructed or altered for an entity other

12  than a school district or community college district after

13  October 1, 2001, such entity may employ at its election a

14  school district, community college district, or such approved

15  inspection agency to conduct such inspections. A school

16  district or community college district so employed may charge

17  such entity for services at reasonable rates comparable to

18  those charged for similar services by approved inspection

19  agencies.

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

21  constructed factory-built school buildings shall bear a label

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

23  factory-built school buildings, and manufactured buildings

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

25  as classrooms pursuant to s. 235.061.

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

27  Florida Statutes, is amended to read:

28         553.505  Exceptions to applicability of the Americans

29  with Disabilities Act.--Notwithstanding the Americans with

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

31  553.501-553.513. Parking spaces, parking lots, and other

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

  2  when that section provides increased accessibility.

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

  4  Florida Statutes, is amended to read:

  5         553.507  Exemptions.--Sections 553.501-553.513 and s.

  6  316.1955(4) do not apply to any of the following:

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

  8  either under construction or under contract for construction

  9  on October 1, 1997.

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

11  existence on October 1, 1997, unless:

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

13  converted from residential to nonresidential or mixed use, as

14  defined by local law;

15         (b)  The proposed alteration or renovation of the

16  building, structure, or facility will affect usability or

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

18  303(a) of the Americans with Disabilities Act of 1990; or

19         (c)  The original construction or any former alteration

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

21  carried out in violation of applicable permitting law.

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

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

24  553.73, Florida Statutes, as amended by section 40 of chapter

25  98-287, Laws of Florida, as amended by section 61 of chapter

26  98-419, Laws of Florida, as amended by sections 73, 74, and 75

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

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

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

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

31  to read:

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  1         553.73  State Minimum Building Codes.--

  2         (2)  The Florida Building Code shall contain provisions

  3  or requirements for public and private buildings, structures,

  4  and facilities relative to structural, mechanical, electrical,

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

  6  historical buildings, manufactured buildings, elevators,

  7  coastal construction, lodging facilities, food sales and food

  8  service facilities, health care facilities, including assisted

  9  living facilities, adult day care facilities, and facilities

10  for the control of radiation hazards, public or private

11  educational facilities, swimming pools, and correctional

12  facilities and enforcement of and compliance with such

13  provisions or requirements. Further, the Florida Building Code

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

15  and 515.29 by including standards and criteria for residential

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

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

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

19  provisions to be contained within the Florida Building Code

20  are restricted to requirements related to the types of

21  materials used and construction methods and standards employed

22  in order to meet criteria specified in the Florida Building

23  Code. Provisions relating to the personnel, supervision or

24  training of personnel, or any other professional qualification

25  requirements relating to contractors or their workforce may

26  not be included within the Florida Building Code, and

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

28  the inclusion of such provisions within the Florida Building

29  Code by amendment. This restriction applies to both initial

30  development and amendment of the Florida Building Code.

31

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  1         (3)  The commission shall select from available

  2  national or international model building codes, or other

  3  available building codes and standards currently recognized by

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

  5  Building Code. The commission may modify the selected model

  6  codes and standards as needed to accommodate the specific

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

  8  "specific needs" includes, but is not limited to, those needs

  9  identified as a unique physical characteristic that relate to

10  Florida's geography, climatic condition, soil, topography, or

11  other conditions that are measurably different from other

12  areas of the nation and when the commission determines the

13  model code does not adequately provide a standard of safety or

14  protection for the state. Standards or criteria referenced by

15  the selected model codes shall be similarly incorporated by

16  reference.  If a referenced standard or criterion requires

17  amplification or modification to be appropriate for use in

18  this state, only the amplification or modification shall be

19  specifically set forth in the Florida Building Code. The

20  Florida Building Commission may approve technical amendments

21  to the code after the amendments have been subject to the

22  following conditions:

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

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

25  associated documentation has been made available to any

26  interested party before any consideration by any Technical

27  Advisory Committee;

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

29  make a favorable recommendation to the commission, the

30  proposal must receive a three-fourths vote of the members

31  present at the Technical Advisory Committee meeting and at

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  1  least half of the regular members must be present in order to

  2  conduct a meeting;

  3         (c)  After Technical Advisory Committee consideration

  4  and a recommendation for approval of any proposed amendment,

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

  6  not less than 45 days before any consideration by the

  7  commission; and

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

  9  based on public testimony and evidence from a public hearing

10  held in accordance with chapter 120.

11

12  The commission shall incorporate within sections of the

13  Florida Building Code provisions which address regional and

14  local concerns and variations. The commission shall make every

15  effort to minimize conflicts between the Florida Building

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

17  Code.

18         (4)

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

20  of this section, adopt amendments to the technical provisions

21  of the Florida Building Code which apply solely within the

22  jurisdiction of such government and which provide for more

23  stringent requirements than those specified in the Florida

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

25         1.  The local governing body determines, following a

26  public hearing which has been advertised in a newspaper of

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

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

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

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

31  demonstrates that local conditions justify more stringent

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  1  requirements than those specified in the Florida Building Code

  2  for the protection of life and property.

  3         2.  Such additional requirements are not discriminatory

  4  against materials, products, or construction techniques of

  5  demonstrated capabilities.

  6         3.  Such additional requirements may not introduce a

  7  new subject not addressed in the Florida Building Code.

  8         4.  The enforcing agency shall make readily available,

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

10  section.

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

12  transmitted within 30 days by the adopting local government to

13  the commission.  The commission shall maintain copies of all

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

15  the public.

16         6.  Any amendment to the Florida Building Code adopted

17  by a local government pursuant to this paragraph shall be

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

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

20  such time, the commission shall review such amendment for

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

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

23  the amendment.  The commission shall immediately notify the

24  respective local government of the rescission of any

25  amendment. After receiving such notice, the respective local

26  government may readopt the rescinded amendment pursuant to the

27  provisions of this paragraph.

28         7.  Each county and municipality desiring to make local

29  technical amendments to the Florida Building Code shall by

30  interlocal agreement establish a countywide compliance review

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

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  1  adopted by a local government within the county pursuant to

  2  this paragraph, that is challenged by any substantially

  3  affected party for purposes of determining the amendment's

  4  compliance with this paragraph. If the compliance review board

  5  determines such amendment is not in compliance with this

  6  paragraph, the compliance review board shall notify such local

  7  government of the noncompliance and that the amendment is

  8  invalid and unenforceable until the local government corrects

  9  the amendment to bring it into compliance. The local

10  government may appeal the decision of the compliance review

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

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

13  compliance review board determines such amendment to be in

14  compliance with this paragraph, any substantially affected

15  party may appeal such determination to the commission, which

16  shall conduct a hearing under chapter 120 and the uniform

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

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

19  board shall determine whether its decisions apply to a

20  respective local jurisdiction or apply countywide.

21         8.  An amendment adopted under this paragraph shall

22  include a fiscal impact statement which documents the costs

23  and benefits of the proposed amendment.  Criteria for the

24  fiscal impact statement shall include the impact to local

25  government relative to enforcement, the impact to property and

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

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

28  a basis for challenging the amendment for compliance.

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

30  commission may review any amendments adopted pursuant to this

31

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  1  subsection and make nonbinding recommendations related to

  2  compliance of such amendments with this subsection.

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

  4  120.536(1) and 120.54, shall update the Florida Building Code

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

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

  7  commission is deemed adopted for use statewide without

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

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

10  Florida Building Code, the state minimum building code in

11  effect in the permitting jurisdiction on the date of the

12  application governs the permitted work for the life of the

13  permit and any extension granted to the permit.

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

15  120.536(1) and 120.54, shall update the Florida Building Code

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

17  commission shall consider changes made by the adopting entity

18  of any selected model code for any model code incorporated

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

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

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

22  adopted by the adopting organization, which may then be

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

24  further consider the commission's own interpretations,

25  declaratory statements, appellate decisions, and approved

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

27  institute or standards organization to any standard or

28  criterion that is adopted by reference in the Florida Building

29  Code does not become effective statewide until it has been

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

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

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  1  application for of any permit authorized by the code governs

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

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

  4  Building Code which is adopted upon a finding by the

  5  commission that the amendment is necessary to protect the

  6  public from immediate threat of harm takes effect immediately.

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

  8  amendments to the Florida Building Code once each year for

  9  statewide or regional application upon a finding that the

10  amendment:

11         1.  Has a reasonable and substantial connection with

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

13         2.  Strengthens or improves the Florida Building Code,

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

15  equivalent or better products or methods or systems of

16  construction.

17         3.  Does not discriminate against materials, products,

18  methods, or systems of construction of demonstrated

19  capabilities.

20         4.  Does not degrade the effectiveness of the Florida

21  Building Code.

22

23  Furthermore, the Florida Building Commission may approve

24  technical amendments to the code once each year to incorporate

25  into the Florida Building Code its own interpretations of the

26  code which are embodied in its opinions and declaratory

27  statements. Amendments approved under this paragraph shall be

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

29  the amendments have been subjected to the provisions of

30  subsection (3).

31

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

  2  statement which documents the costs and benefits of the

  3  proposed amendment.  Criteria for the fiscal impact statement

  4  shall be established by rule by the commission and shall

  5  include the impact to local government relative to

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

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

  8         (c)  The commission may not approve any proposed

  9  amendment that does not accurately and completely address all

10  requirements for amendment which are set forth in this

11  section.

12         (8)(7)  The following buildings, structures, and

13  facilities are exempt from the Florida Building Code as

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

15  determined by the Legislature and provided by law:

16         (a)  Buildings and structures specifically regulated

17  and preempted by the Federal Government.

18         (b)  Railroads and ancillary facilities associated with

19  the railroad.

20         (c)  Nonresidential farm buildings on farms.

21         (d)  Temporary buildings or sheds used exclusively for

22  construction purposes.

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

24  that the provisions of part V relating to accessibility by

25  persons with disabilities shall apply to such mobile homes.

26         (f)  Those structures or facilities of electric

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

28  involved in the generation, transmission, or distribution of

29  electricity.

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

31  commercial motion picture or television production, or any

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

  2  the premises.

  3         (h)  Storage sheds that are not designed for human

  4  habitation and that have a floor area of 720 square feet or

  5  less are not required to comply with the mandatory

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

  7  Code.

  8

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

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

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

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

13  categories of buildings exempted in this section, including

14  exceptions for application of specific sections of the code or

15  standards adopted therein. The Department of Agriculture and

16  Consumer Services shall have exclusive authority to adopt by

17  rule, pursuant to chapter 120, exceptions to nonresidential

18  farm buildings exempted in paragraph (c) when reasonably

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

20  exceptions must be based upon specific criteria, such as

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

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

23  the commission may recommend to the Legislature additional

24  categories of buildings, structures, or facilities which

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

26  provided by law.

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

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

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

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

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

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

  2  section, to read:

  3         553.77  Specific powers of the commission.--

  4         (1)  The commission shall:

  5         (e)  When requested in writing by any substantially

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

  7  shall issue declaratory statements pursuant to s. 120.565

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

  9  515.37.  Actions of the commission are subject to judicial

10  review pursuant to s. 120.68.

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

12  appeal regarding interpretation decisions of local building

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

14  decisions of the building officials regarding interpretations

15  of the code.  For such appeals:

16         1.  Local decisions declaring structures to be unsafe

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

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

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

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

21  jurisdiction defending the appeal.

22         3.  Hearings shall be conducted pursuant to chapter 120

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

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

25  120.68.

26         (2)  With respect to the qualification program for

27  special inspectors of threshold buildings as required by s.

28  553.79(5)(c), the commission may prescribe initial and annual

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

30  chapter 120.

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

  2  review and approval of prototype buildings owned by public and

  3  private entities to be replicated throughout the state. The

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

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

  6  oversight by the commission. The department may charge

  7  reasonable fees to cover the administrative costs of the

  8  program. Such approved plans or prototype buildings shall be

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

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

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

12  buildings are exempt from, or any locally adopted local

13  amendment to any part of the Florida Building Code.

14  Construction or erection of such prototype buildings is

15  subject to local permitting and inspections pursuant to this

16  part.

17         (7)  The commission may produce and distribute a

18  commentary document to accompany the Florida Building Code.

19  The commentary must be limited in effect to providing

20  technical assistance and must not have the effect of binding

21  interpretations of the code document itself.

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

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

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

25  2000-141, Laws of Florida, are amended to read:

26         553.79  Permits; applications; issuance; inspections.--

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

28  enforcing agency may not issue any permit for construction,

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

30  any building or structure until the local building code

31  administrator or inspector has reviewed the plans and

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  1  specifications required by the Florida Building Code, or local

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

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

  4  enforcing agency may not issue any permit for construction,

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

  6  any building until the appropriate firesafety inspector

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

  8  specifications required by the Florida Building Code, or local

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

10  comply with the Florida Fire Prevention Code and the Life

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

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

13  reviewed by the firesafety inspector. Any building or

14  structure that is exempt from the local building permit

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

16  local building code administrator. Industrial construction on

17  sites where design, construction, and firesafety are

18  supervised by appropriate design and inspection professionals

19  and which contain adequate in-house fire departments and

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

21  from review of plans and inspections, providing owners certify

22  that applicable codes and standards have been met and supply

23  appropriate approved drawings to local building and firesafety

24  inspectors.  The enforcing agency shall issue a permit to

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

26  building or structure when the plans and specifications for

27  such proposal comply with the provisions of the Florida

28  Building Code and the Florida Fire Prevention Code and the

29  Life Safety Code as determined by the local authority in

30  accordance with this chapter and chapter 633.

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

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

  3  addition unless the applicant for such permit complies with

  4  the requirements for plan review established by the Florida

  5  Building Commission within the Florida Building Code. However,

  6  the code shall set standards and criteria to authorize

  7  preliminary construction before completion of all building

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

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

10  concurrent with the first effective date of the Florida

11  Building Code.

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

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

14         553.8412  Legislative intent; delivery of training;

15  outsourcing.--

16         (1)  The number of licensees who will require initial

17  training for the Florida Building Code is in excess of

18  100,000. It is the intent of the Legislature that the Florida

19  Building Commission make sure that initial training for the

20  Florida Building Code be achieved as soon as practicable to

21  ensure compliance. It is further the intent of the Legislature

22  that the Florida Building Commission encourage and promote

23  improved coordination between industry associations as a way

24  to achieve better compliance with Florida's building codes.

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

26  this section, the Florida Building Commission and the

27  department shall provide for statewide outreach for training

28  on the Florida Building Code. The Florida Building Commission

29  and the department shall achieve statewide outreach for

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

31  existing licensee trade and professional associations. The

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  1  Florida Building Commission or the department may not exclude

  2  participation in statewide outreach by any trade or

  3  professional association that has as its primary constituency

  4  members who are required to comply with the training

  5  requirements of the Florida Building Code. Wherever possible

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

  7  Commission and the department shall outsource components,

  8  outreach, and coordination of training and the training itself

  9  to prevent duplication and ensure the most expeditious and

10  consistent delivery and minimize administrative costs to the

11  commission and the department. This section does not prohibit

12  any qualified entity from providing training on the Florida

13  Building Code.

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

15  coordination of training, or training may come from existing

16  resources. If necessary, the Florida Building Commission or

17  the department may seek additional or supplemental funds

18  pursuant to s. 215.559(5). This section does not preclude the

19  Florida Building Commission from charging fees to fund the

20  building code training program in a self-sufficient manner as

21  provided in s. 553.841(5).

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

23  reenacted by the Legislature.

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

25  Florida Statutes, is amended to read:

26         553.842  Product evaluation and approval.--

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

28  120.536(1) and 120.54 make recommendations to the President of

29  the Senate and the Speaker of the House of Representatives

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

31  product evaluation and approval system that applies statewide

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  1  to operate in coordination with the Florida Building Code. The

  2  commission may enter into contracts with public or private

  3  entities to provide for administration of the product

  4  evaluation and approval system. The product evaluation and

  5  approval system shall provide:

  6         (a)  Appropriate promotion of innovation and new

  7  technologies.

  8         (b)  Processing submittals of products from

  9  manufacturers in a timely manner.

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

11  testing and laboratory facilities, product evaluation

12  entities, quality-assurance agencies, certification agencies,

13  and validation entities.

14         (d)  An easily accessible product acceptance list to

15  entities subject to the Florida Building Code.

16         (e)  Development of stringent but reasonable testing

17  criteria based upon existing consensus standards, when

18  available, for products.

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

20  local approvals will be valid until the requirements of the

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

22  changes in a manner affecting its performance as required by

23  the code, or the approval is revoked.

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

25  approval.

26         (h)  Cost-effectiveness.

27         (2)  The product evaluation and approval system shall

28  rely on regional, national, and international consensus

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

30  demonstrating compliance with code standards. Other standards

31

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  1  which meet or exceed established state requirements shall also

  2  be considered.

  3         (3)  Products or methods or systems of construction

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

  5  testing or comparative or rational analysis methods

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

  7  certified by an approved product evaluation entity, testing

  8  laboratory, or certification agency as complying with the

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

10  statewide use by one of the methods established in subsection

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

12  or approval.

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

14  of construction requiring approval under s. 553.77 must be

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

16  or subsection (6) before their use in construction in this

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

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

19  that department's jurisdiction only. Notwithstanding a local

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

21  provided in this act, statewide approval shall preclude local

22  jurisdictions from requiring further testing, evaluation, or

23  submission of other evidence as a condition of using the

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

25  the conditions of its approval.

26         (5)  Statewide and Local approval of products or

27  methods or systems of construction may shall be achieved by

28  the local building official through building plans review and

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

30  construction complies with the prescriptive standards

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

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

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

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

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

  6  officials or the commission to approve the following

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

  8  skylights, windows, shutters, and structural components as

  9  established by the commission by rule.

10         (a)  Products for which the code establishes

11  standardized testing or comparative or rational analysis

12  methods shall be approved by submittal and validation of one

13  of the following reports or listings indicating that the

14  product or method or system of construction was evaluated to

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

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

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

18  Florida Building Code:

19         1.  A certification mark or listing of an approved

20  certification agency;

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

22         3.  A product evaluation report based upon testing or

23  comparative or rational analysis, or a combination thereof,

24  from an approved product evaluation entity; or

25         4.  A product evaluation report based upon testing or

26  comparative or rational analysis, or a combination thereof,

27  developed and signed and sealed by a professional engineer or

28  architect, licensed in this state.

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

30  which there are no specific standardized testing or

31  comparative or rational analysis methods established in the

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

  2  following:

  3         1.  A product evaluation report based upon testing or

  4  comparative or rational analysis, or a combination thereof,

  5  from an approved product evaluation entity indicating that the

  6  product or method or system of construction was evaluated to

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

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

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

10  by the Florida Building Code; or

11         2.  A product evaluation report based upon testing or

12  comparative or rational analysis, or a combination thereof,

13  developed and signed and sealed by a professional engineer or

14  architect, licensed in this state, who certifies that the

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

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

17  Florida Building Code.

18         (7)  The commission shall ensure that product

19  manufacturers operate quality-assurance programs for all

20  approved products. The commission shall adopt by rule criteria

21  for operation of the quality-assurance programs.

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

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

24  rule criteria constituting complete validation by the local

25  official, including, but not limited to, criteria governing

26  verification of a quality-assurance program. For state

27  approvals, validation shall be performed by validation

28  entities approved by the commission. The commission shall

29  adopt by rule criteria for approval of validation entities,

30  which shall be third-party entities independent of the

31

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  1  product's manufacturer and which shall certify to the

  2  commission the product's compliance with the code.

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

  4  following types of entities that produce information on which

  5  product approvals are based. All of the following entities,

  6  including engineers and architects, must comply with a

  7  nationally recognized standard demonstrating independence or

  8  no conflict of interest:

  9         (a)  Evaluation entities that meet the criteria for

10  approval adopted by the commission by rule. The commission

11  shall specifically approve the National Evaluation Service,

12  the International Conference of Building Officials Evaluation

13  Services, the Building Officials and Code Administrators

14  International Evaluation Services, the Southern Building Code

15  Congress International Evaluation Services, and the Miami-Dade

16  County Building Code Compliance Office Product Control.

17  Architects and engineers licensed in this state are also

18  approved to conduct product evaluations as provided in

19  subsection (6).

20         (b)  Testing laboratories accredited by national

21  organizations, such as A2LA and the National Voluntary

22  Laboratory Accreditation Program, laboratories accredited by

23  evaluation entities approved under paragraph (a), and

24  laboratories that comply with other guidelines for testing

25  laboratories selected by the commission and adopted by rule.

26         (c)  Quality-assurance entities approved by evaluation

27  entities approved under paragraph (a) and by certification

28  agencies approved under paragraph (d) and other

29  quality-assurance entities that comply with guidelines

30  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

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

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

  3         (11)(7)  Products, other than manufactured buildings,

  4  which are custom fabricated or assembled shall not require

  5  separate approval under this section provided the component

  6  parts have been approved for the fabricated or assembled

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

  8  requirements of the Florida Building Code which applies to the

  9  product's intended use.

10         (12)(8)  A building official may appeal the required

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

12  construction to the commission. The commission shall conduct a

13  hearing under chapter 120 and the uniform rules of procedure

14  and shall establish expedited procedures to handle such

15  appeals in an expedited manner.

16         (13)(9)  The decisions of local building officials

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

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

19  a hearing under chapter 120 and the uniform rules of

20  procedure. Decisions of the commission regarding statewide

21  product approvals and appeals of local product approval shall

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

23         (14)(10)  The commission shall maintain a list of the

24  state-approved approved products, and product evaluation

25  entities, testing laboratories, quality-assurance agencies,

26  certification agencies, and validation entities and make such

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

28  commission shall establish reasonable timeframes associated

29  with the product approval process and availability of the

30  lists list.

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  1         (15)  The commission shall by rule establish criteria

  2  for revocation of product approvals as well as revocation of

  3  approvals of product evaluation entities, testing

  4  laboratories, quality-assurance entities, certification

  5  agencies, and validation entities. Revocation is governed by

  6  s. 120.60 and the uniform rules of procedure.

  7         (16)  The commission shall establish a schedule for

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

  9  the product manufacturing industry has sufficient time to

10  revise products to meet the requirements for approval and

11  submit them for testing or evaluation before the system taking

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

13  of statewide approval is not delayed.

14         (11)  The commission may establish reasonable and

15  appropriate fees for the review of rational analyses and

16  certification of manufactured buildings submitted pursuant to

17  this section and may enter into any contracts the commission

18  deems necessary in order to implement this section.

19         (12)  Products certified or approved for statewide or

20  local use by an approved product evaluation entity prior to

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

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

23  with this section.

24

25  For purposes of this section, an approved product evaluation

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

27  recognized independent evaluation authority or entity

28  otherwise approved by the commission.

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

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

31         553.895  Firesafety.--

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

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

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

  4  regardless of occupancy classification and including any

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

  6  with an automatic sprinkler system installed in compliance

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

  8  adopted pursuant thereto.  A stand-alone parking garage

  9  constructed with noncombustible materials, the design of which

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

11  the atmosphere on all sides with percentages of openings as

12  prescribed in the applicable building code, and which parking

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

14  is exempt from the requirements of this subsection.

15  Telecommunications spaces located within telecommunications

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

17  fire-prevention standard approved by both the Florida Building

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

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

20  feet in height which is protected throughout with an approved

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

22  as defined in the National Fire Protection Association

23  Standard 14, Standard for the Installation of Standpipe,

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

25         Section 13.  The Florida Building Commission shall

26  research the issue of adopting a rehabilitation code for the

27  state and shall report to the Legislature before the 2002

28  Regular Session regarding the feasibility of adopting such a

29  code. The commission shall review the rehabilitation codes

30  adopted by other states as part of its research.

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  1         Section 14.  The Florida Building Commission shall

  2  research the issue of requiring all primary elevators in

  3  buildings with more than five levels to operate with a

  4  universal key, thereby allowing access and operation by

  5  emergency personnel. The commission must report its

  6  recommendations to the Legislature before the 2002 Regular

  7  Session.

  8         Section 15.  Notwithstanding any other provision in

  9  chapter 2000-141, Laws of Florida, effective upon this act

10  becoming a law, the effective date of the following sections

11  of chapter 2000-141, Laws of Florida, is changed to October 1,

12  2001:  sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15,

13  17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 36,

14  39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70, 71, 72,

15  75, 79, 81, 84, 86, 87, 88, 91, 92, 93, and 94.

16         Section 16.  Notwithstanding any other provision in

17  chapter 2000-141, Laws of Florida, effective upon this act

18  becoming a law, the effective date of the following sections

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

20  2000-141, Laws of Florida, is changed to October 1, 2001:

21  sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21, 24, 29,

22  31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56.

23         Section 17.  Notwithstanding any other provision in

24  chapter 2000-141, Laws of Florida, effective upon this act

25  becoming a law, the effective date of section 61 of chapter

26  98-419, Laws of Florida, as amended by chapter 2000-141, Laws

27  of Florida, is changed to October 1, 2001.

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

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

30  to read:

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  1         Section 135.  Effective October July 1, 2001,

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

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

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

  5  Statutes, are repealed.

  6         Section 19.  Effective upon this act becoming a law,

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

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

  9  of Florida, is amended to read:

10         Section 62.

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

12  technical amendments to any building code adopted by any local

13  government, except for local ordinances setting forth

14  administrative requirements which are not in conflict with the

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

16  readopt such amendments pursuant to s. 553.73, Florida

17  Statutes, provided such amendments comply with applicable

18  provisions of the Florida Building Code.

19         Section 20.  Effective upon this act becoming a law,

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

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

22  to read:

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

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

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

26  553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,

27  553.16, 553.17, 553.18, 553.20, 553.21, 553.22, 553.23,

28  553.24, 553.25, 553.26, 553.27, and 553.28, Florida Statutes,

29  are repealed, section 553.141, Florida Statutes, is

30  transferred and renumbered as section 553.86, Florida

31  Statutes.

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  1         Section 21.  Funds that are available under sections

  2  489.109(3) and 489.509(3), Florida Statutes, shall be

  3  allocated and expended by the Florida Building Commission as

  4  provided in this section.

  5         (1)  The Florida Building Commission shall appoint

  6  those members of the Building Construction Industry Advisory

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

  8  6A-10.029, Florida Administrative Code, to the Education

  9  Technical Advisory Committee of the Florida Building

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

11  Florida Building Commission shall also be appointed to the

12  Education Technical Advisory Committee. The members of the

13  committee shall broadly represent the building construction

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

15  chairperson of the Florida Building Commission shall annually

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

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

18  reappointed at the discretion of the Florida Building

19  Commission.

20         (2)  The Educational Technical Advisory Committee

21  shall:

22         (a)  Advise the commission on any policies or

23  procedures needed to administer sections 489.109(3) and

24  489.509(3), Florida Statutes.

25         (b)  Advise the commission on administering section

26  553.841, Florida Statutes.

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

28  which funds should be expended for research and continuing

29  education.

30         (d)  Review all proposed research and continuing

31  education projects and recommend to the commission those

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

  2  provided for each project.

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

  4  Department of Community Affairs from the Construction Industry

  5  Licensing Board and the Electrical Contractors' Licensing

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

  7  Florida Statutes, the commission shall determine the amount of

  8  funds available for research projects from the proceeds of

  9  contractor licensing fees and identify, solicit, and accept

10  funds from other sources for research and continuing education

11  projects.

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

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

14  funds shall be carried forward and allocated for use during

15  the following fiscal year.

16         Section 22.  The Florida Building Commission shall

17  convene an ad hoc subcommittee to recommend a procedure by

18  which the public could elect to engage an engineer or

19  architect to perform plans review and inspection for the

20  construction, alteration, repair, or improvement of real

21  property, and the appropriate role of the local building

22  official in such an alternative plans review and inspection

23  procedure and in the resulting issuance of a building permit

24  and certificate of occupancy.

25         (1)  The ad hoc committee shall be composed of 11

26  members appointed by the chairperson of the commission who

27  shall meet the following qualifications:

28         (a)  Five members from the Building Officials

29  Association of Florida;

30         (b)  Two members from the Associated General

31  Contractors of Florida;

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  1         (c)  One member from the Florida Homebuilders

  2  Association;

  3         (d)  One member from the Florida Engineering Society;

  4         (e)  One member from the American Institute of

  5  Architects; and

  6         (f)  One member from the Florida Insurance Council.

  7         (2)  The ad hoc subcommittee shall meet at least four

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

  9  meeting via telephone conference if the technology is

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

11  voluntary basis, without compensation and without

12  reimbursement of per diem and travel expenses.

13         (3)  The ad hoc subcommittee shall examine the various

14  processes used by local building officials throughout the

15  state in conducting plans review for the construction,

16  alteration, repair, or improvement of real property, and

17  approving building permit applications, as well as those

18  processes used by local building officials in conducting

19  required inspections for construction, alteration, repair, or

20  improvement of real property, and issuing certificates of

21  occupancy. The ad hoc subcommittee shall make recommendations

22  on the following:

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

24  engage an engineer or architect to perform plans review and

25  inspection for the construction, alteration, repair, or

26  improvement of real property; and

27         (b)  The appropriate role of the local building

28  official in such an alternative plans review and inspection

29  procedure and in the resulting issuance of a building permit

30  and certificate of occupancy.

31

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

  2  Florida Building Commission its recommendations and findings

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

  4  Governor, the President of the Senate, and the Speaker of the

  5  House of Representatives, before the beginning of the next

  6  regularly scheduled legislative session, a report of its

  7  findings, which shall include the recommendations of the ad

  8  hoc committee.

  9         (5)  The Department of Community Affairs shall provide

10  logistical and staff support for the ad hoc subcommittee.

11         Section 23.  Paragraph (c) of subsection (3) of section

12  633.0215, Florida Statutes, is amended to read:

13         633.0215  Florida Fire Prevention Code.--

14         (3)  No later than 180 days before the triennial

15  adoption of the Florida Fire Prevention Code, the State Fire

16  Marshal shall notify each municipal, county, and special

17  district fire department of the triennial code adoption and

18  steps necessary for local amendments to be included within the

19  code. No later than 120 days before the triennial adoption of

20  the Florida Fire Prevention Code, each local jurisdiction

21  shall provide the State Fire Marshal with copies of its local

22  fire code amendments. The State Fire Marshal has the option to

23  process local fire code amendments that are received less than

24  120 days before the adoption date of the Florida Fire

25  Prevention Code.

26         (c)  Notwithstanding other state or local building and

27  construction code laws to the contrary, locally adopted fire

28  code requirements that were in existence on the effective date

29  of this section shall be deemed local variations of the

30  Florida Fire Prevention Code until the State Fire Marshal

31  takes action to adopt as a statewide firesafety code

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  1  requirement or rescind such requirements as provided herein,

  2  and such action shall take place no later than October July 1,

  3  2001.

  4         Section 24.  The sum of $250,000 is appropriated from

  5  the General Revenue Fund to Florida Community College at

  6  Jacksonville for the operations of the Institute of Applied

  7  Technology in Construction Excellence.

  8         Section 25.  Except as otherwise provided in this act,

  9  this act shall take effect October 1, 2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                       CS for SB 336 & 190

  3

  4  This committee substitute does the following:

  5  -     Clarifies that the exemption applies to all storage
          sheds, whether site-built on location or manufactured
  6        and assembled off site;

  7  -     Clarifies the intent of current law that the Florida
          Building Commission may charge fees to provide for a
  8        self-sufficient training program;

  9  -     Authorizes the Florida Building Commission to outsource
          the administrative portions of the product approval
10        system;

11  -     Provides that product approvals are valid until the
          product changes affecting its performance as required by
12        the code;

13  -     Clarifies that criteria for constituting product
          validation includes but is not limited to verification
14        of a quality assurance program;

15  -     Adds state licensed architects and engineers as approved
          entities to conduct product evaluations;
16
    -     Delays the effective date to October 2001 for
17        implementing a statewide fire safety code to be
          consistent with the building code;
18
    -     Requires that all entities that produce information on
19        which product approvals are based, including engineers
          and architects, must comply with a nationally-recognized
20        standard demonstrating independence or no conflict of
          interest;
21
    -     Provides discretion to the Florida Building Commission
22        to determine if amendments to the Florida Building Code
          address specific needs of the state;
23
    -     Provides that any factory-built school building
24        constructed or altered after October 1, 2001 have
          periodic inspections during each phase of construction
25        or alteration.

26  -     Provides an appropriation of $250,000 from the General
          Revenue Fund to Florida Community College of
27        Jacksonville for the operations of the Institute of
          Applied Technology in Construction Excellence.
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