Senate Bill sb0336e1

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    CS for CS for SB's 336 & 190                   First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 235.061, F.S.; delaying the date by

  4         which relocatables used as classrooms must meet

  5         certain standards; amending s. 235.212, F.S.;

  6         specifying certain low-energy window standards

  7         for relocatable classrooms; amending s. 255.31,

  8         F.S.; exempting certain facilities from plans

  9         reviews and inspections by local governments;

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

11         well contractors to install, repair, or modify

12         specified equipment in accordance with the

13         code; amending s. 399.061, F.S.; providing

14         requirements for the inspection of elevators

15         and other conveyances; amending s. 489.509,

16         F.S.; transferring specified licensing fees

17         from the Department of Education to the

18         Department of Community Affairs; amending s.

19         489.537, F.S.; revising the power of

20         municipalities and counties with respect to

21         regulating electrical journeymen; amending ss.

22         553.36, 553.415, F.S.; defining the term

23         "factory-built school shelter"; providing for

24         the department to approve plans for such

25         shelters; authorizing districts to charge

26         inspection fees; authorizing approved

27         inspection entities to conduct inspections of

28         factory-built school buildings while they are

29         under construction; delaying the date for

30         inclusion of the Uniform Code for Public

31         Education Facilities in the Florida Building


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  1         Code; delaying the deadline for inspecting

  2         factory-built buildings currently in use;

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

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

  5         providing for the uniform implementation of

  6         parts of the residential swimming pool safety

  7         act; providing a process for the approval of

  8         technical amendments to the code; providing for

  9         the treatment of permit applications submitted

10         prior to the effective date of the code;

11         exempting specified structures from the

12         wind-borne-debris-impact standards of the

13         Florida Building Code; amending s. 553.77,

14         F.S.; requiring the commission to issue

15         specified declaratory statements; providing for

16         hearings; providing for rules for plan review

17         of prototype buildings; authorizing the

18         commission to produce a commentary to accompany

19         the Florida Building Code; amending s. 553.79,

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

21         for preliminary construction; amending s.

22         553.84, F.S.; providing an exception to certain

23         liability provisions relating to the Florida

24         building Code; creating s. 553.8412, F.S.;

25         providing for statewide outreach for training

26         on the code; amending s. 553.842, F.S.;

27         providing methods for local and statewide

28         approval of products, methods, and systems of

29         construction; providing rulemaking authority;

30         amending s. 553.895, F.S.; exempting specified

31         spaces within telecommunications buildings


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  1         under specified circumstances; allowing the use

  2         of a manual wet standpipe under certain

  3         circumstances; directing the commission to

  4         research some issues and provide reports to the

  5         Legislature; providing an effective date for

  6         the Florida Building Code; amending s. 135 of

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

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

  9         amended; requiring that the Florida Building

10         Commission appoint members to the commission's

11         Education Technical Advisory Committee;

12         specifying duties of the advisory committee;

13         providing for the carryforward of funds

14         collected for research projects; requiring the

15         Florida Building Commission to convene an ad

16         hoc subcommittee to recommend procedures for

17         engaging an engineer or architect to perform

18         plans review and inspections; requiring

19         recommendations for the role of local building

20         officials in issuing building permits and

21         certificates of occupancy; providing for

22         appointment of members; providing for meetings

23         and staff support by the Department of

24         Community Affairs; requiring a report to the

25         Governor and the Legislature by a specified

26         date; amending s. 627.0629, F.S.; delaying a

27         deadline by which insurance companies are

28         required to make certain rate filings; amending

29         s. 663.0215, F.S.; delaying the date on which

30         the State Fire Marshal is required to adopt a

31         statewide firesafety code; providing


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  1         appropriations; repealing s. 1 of ch. 2000-150,

  2         Laws of Florida, relating to legislative intent

  3         regarding the meaning of the terms "net

  4         premiums written" and "net premiums collected"

  5         as used in ch. 440, F.S.; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Effective upon this act becoming a law,

11  subsection (1) of section 235.061, Florida Statutes, is

12  amended to read:

13         235.061  Standards for relocatables used as classroom

14  space; inspections.--

15         (1)  The Commissioner of Education shall adopt rules

16  establishing standards for relocatables intended for long-term

17  use as classroom space at a public elementary school, middle

18  school, or high school. "Long-term use" means the use of

19  relocatables at the same educational plant for a period of 4

20  years or more. These rules must be implemented by July 1,

21  1998, and each relocatable acquired by a district school board

22  after the effective date of the rules and intended for

23  long-term use must comply with the standards. The rules shall

24  require that, by July 1, 2002 July 1, 2001, relocatables that

25  fail to meet the standards may not be used as classrooms. The

26  standards shall protect the health, safety, and welfare of

27  occupants by requiring compliance with the Uniform Building

28  Code for Public Educational Facilities or other locally

29  adopted state minimum building codes to ensure the safety and

30  stability of construction and onsite installation; fire and

31  moisture protection; air quality and ventilation; appropriate


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  1  wind resistance; and compliance with the requirements of the

  2  Americans with Disabilities Act of 1990. If appropriate, the

  3  standards must also require relocatables to provide access to

  4  the same technologies available to similar classrooms within

  5  the main school facility and, if appropriate, to be accessible

  6  by adequate covered walkways. By July 1, 2000, the

  7  commissioner shall adopt standards for all relocatables

  8  intended for long-term use as classrooms. A relocatable that

  9  is subject to this section and does not meet the standards

10  shall not be reported as providing satisfactory student

11  stations in the Florida Inventory of School Houses.

12         Section 2.  Effective upon this act becoming a law,

13  subsection (1) of section 235.212, Florida Statutes, is

14  amended to read:

15         235.212  Low-energy use design; solar energy systems;

16  swimming pool heaters.--

17         (1)(a)  Passive design elements and low-energy usage

18  features shall be included in the design and construction of

19  new educational facilities. Operable glazing consisting of at

20  least 5 percent of the floor area shall be placed in each

21  classroom located on the perimeter of the building. For a

22  relocatable classroom facility, the area of operable glazing

23  and the area of exterior doors, together, shall consist of at

24  least 5 percent of the floor area. Operable glazing is not

25  required in community colleges, auxiliary facilities, music

26  rooms, gyms, locker and shower rooms, special laboratories

27  requiring special climate control, and large group instruction

28  areas having a capacity of more than 100 persons.

29         (b)  In the remodeling and renovation of educational

30  facilities which have existing natural ventilation, adequate

31  sources of natural ventilation shall be retained, or a


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  1  combination of natural and low-energy usage mechanical

  2  equipment shall be provided that will permit the use of the

  3  facility without air-conditioning or heat when ambient

  4  conditions are moderate. However, the Commissioner of

  5  Education is authorized to waive this requirement when

  6  environmental conditions, particularly noise and pollution

  7  factors, preclude the effective use of natural ventilation.

  8         Section 3.  Effective January 1, 2002, subsection (1)

  9  of section 255.31, Florida Statutes, as amended by section 15

10  of chapter 2000-141, Laws of Florida, is amended to read:

11         255.31  Authority to the Department of Management

12  Services to manage construction projects for state and local

13  governments.--

14         (1)  The design, construction, erection, alteration,

15  modification, repair, and demolition of all public and private

16  buildings are governed by the Florida Building Code and the

17  Florida Fire Prevention Code, which are to be enforced by

18  local jurisdictions or local enforcement districts unless

19  specifically exempted as provided in s. 553.80. However, the

20  Department of Management Services shall provide the project

21  management and administration services for the construction,

22  renovation, repair, modification, or demolition of buildings,

23  utilities, parks, parking lots, or other facilities or

24  improvements for projects for which the funds are appropriated

25  to the department; provided that, with the exception of

26  facilities constructed under the authority of chapters 944,

27  945, and 985; the Governor's mansion and grounds thereof, as

28  described in s. 272.18; and the Capitol Building and environs,

29  being that part of the City of Tallahassee bounded on the

30  north by Pensacola and Jefferson Streets, on the east by

31  Monroe Street, on the south by Madison Street, and on the west


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  1  by Duval Street, the department may not conduct plans reviews

  2  or inspection services for consistency with the Florida

  3  Building Code. The department's fees for such services shall

  4  be paid from such appropriations.

  5         Section 4.  Subsection (10) is added to section

  6  373.323, Florida Statutes, to read:

  7         373.323  Licensure of water well contractors;

  8  application, qualifications, and examinations; equipment

  9  identification.--

10         (10)  Water well contractors licensed under this

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

12  accordance with the Florida Building Code, Plumbing; Section

13  612--Wells pumps and tanks used for private potable water

14  systems. In addition, licensed water well contractors may

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

16  water well systems.

17         Section 5.  Effective upon this act becoming a law,

18  section 399.061, Florida Statutes, is amended to read:

19         399.061  Inspections; correction of deficiencies.--

20         (1)(a)  All elevators or other conveyances subject to

21  this chapter must be annually inspected by a certified

22  elevator inspector through a third-party inspection service,

23  or by a municipality or county under contract with the

24  division, pursuant to s. 399.13. If the elevator or other

25  conveyance is by a third-party inspection service certified as

26  a qualified elevator inspector or maintained pursuant to a

27  service maintenance contract continuously in force, it shall

28  be inspected at least once every 2 years by a certified

29  elevator inspector who is not employed by or otherwise

30  associated with the maintenance company; however, if the

31  elevator is not an escalator or a dumbwaiter, serves only two


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  1  adjacent floors, and is covered by a service maintenance

  2  contract, an inspection is not required so long as the service

  3  contract remains in effect. A statement verifying the

  4  existence, performance, and cancellation of each service

  5  maintenance contract must be filed annually with the division

  6  as prescribed by rule. All elevators covered by a service

  7  maintenance contract shall be inspected by a

  8  certificate-of-competency holder at least once every 2 years;

  9  however, if the elevator is not an escalator or a dumbwaiter

10  and the elevator serves only two adjacent floors and is

11  covered by a service maintenance contract, no inspection shall

12  be required so long as the service contract remains in effect.

13         (b)  The division may inspect an elevator whenever

14  necessary to ensure its safe operation or when a third-party

15  inspection service is not available for a routine inspection.

16         (2)  The division may shall employ state elevator

17  inspectors to conduct the inspections as required by

18  subsection (1) and may charge an inspection fee for each

19  inspection in an amount sufficient to cover the costs of that

20  inspection, as provided by rule. Each state elevator inspector

21  shall hold a certificate of competency issued by the division.

22         (3)  Whenever the division determines from the results

23  of any inspection that, in the interest of the public safety,

24  an elevator is in an unsafe condition, the division may seal

25  the elevator or order the discontinuance of the use of the

26  elevator until the division determines by inspection that such

27  elevator has been satisfactorily repaired or replaced so that

28  the elevator may be operated in a safe manner.

29         (4)  When the division determines that an elevator is

30  in violation of this chapter, the division may issue an order

31  to the elevator owner requiring correction of the violation.


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

  2  subsection (3) of section 489.509, Florida Statutes, is

  3  amended to read:

  4         489.509  Fees.--

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

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

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

  8  Department of Community Affairs Education to fund projects

  9  relating to the building construction industry or continuing

10  education programs offered to persons engaged in the building

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

12  the funds are transferred, advise the Department of Community

13  Affairs Education on the most needed areas of research or

14  continuing education based on significant changes in the

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

16  complaints or on problems costing the state or local

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

18  not binding on the Department of Community Affairs Education.

19  The Department of Education must allocate 50 percent of the

20  funds to a graduate program in building construction in a

21  Florida university and 50 percent of the funds to all

22  accredited private and state universities and community

23  colleges within the state offering approved courses in

24  building construction, with each university or college

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

26  of full-time building construction students enrolled at the

27  institution. The Department of Community Affairs Education

28  shall ensure the distribution of research reports and the

29  availability of continuing education programs to all segments

30  of the building construction industry to which they relate.

31  The Department of Community Affairs Education shall report to


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

  2  of the funds by institution and summarizing the new projects

  3  funded and the status of previously funded projects. The

  4  Commissioner of Education is directed to appoint one

  5  electrical contractor and one certified alarm system

  6  contractor to the Building Construction Industry Advisory

  7  Committee.

  8         Section 7.  Paragraph (f) is added to subsection (3) of

  9  section 489.537, Florida Statutes, to read:

10         489.537  Application of this part.--

11         (3)  Nothing in this act limits the power of a

12  municipality or county:

13         (f)  To require that one electrical journeyman, who is

14  a graduate of the Institute of Applied Technology in

15  Construction Excellence or licensed pursuant to s. 489.5335,

16  be present on an industrial or commercial new construction

17  site with a facility of 50,000 gross square feet or more when

18  electrical work in excess of 77 volts is being performed in

19  order to supervise or perform such work, except as provided in

20  s. 489.503.

21         Section 8.  Effective upon this act becoming a law,

22  present subsections (7) through (15) of section 553.36,

23  Florida Statutes, are redesignated as subsections (8) through

24  (16), respectively, and a new subsection (7) is added to that

25  section, to read:

26         553.36  Definitions.--The definitions contained in this

27  section govern the construction of this part unless the

28  context otherwise requires.

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

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

31  designed to be portable, relocatable, demountable, or


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  1  reconstructible and that complies with the provisions for

  2  enhanced hurricane protection areas, as required by the

  3  applicable code.

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

  5  section 553.415, Florida Statutes, is amended to read:

  6         553.415  Factory-built school buildings.--

  7         (1)  It is the purpose of this section to provide an

  8  alternative procedure for the construction and installation of

  9  factory-built school buildings designed or intended for use as

10  school buildings.  As used in this section, the term

11  "factory-built school building" means any building designed or

12  intended for use as a school building, which is in whole or in

13  part, manufactured at an offsite facility in compliance with

14  the State Uniform Code for Public Educational Facilities and

15  Department of Education rule, effective on January 5, 2000.

16  After January 1, 2002 July 1, 2001, the Uniform Code for

17  Public Educational Facilities shall be incorporated into the

18  Florida Building Code, including specific requirements for

19  Public Educational Facilities and the Department of Education

20  rule, effective on January 5, 2000.  For the purpose of this

21  section, factory-built school buildings include prefabricated

22  educational facilities, factory-built educational facilities,

23  and modular-built educational facilities, that are designed to

24  be portable, relocatable, demountable, or reconstructible; are

25  used primarily as classrooms or the components of an entire

26  school; and do not fall under the provisions of ss.

27  320.822-320.862.

28         (2)  A manufacturer of factory-built school buildings

29  shall be subject to the certification and enforcement

30  requirements in this part except as provided in this section.

31


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  1         (3)  Within 90 days after the effective date of this

  2  section, the department shall adopt by emergency rule

  3  regulations to carry out the provisions of this section. Such

  4  rule shall ensure the safety of design, construction,

  5  accessibility, alterations, and inspections and shall also

  6  prescribe procedures for the plans, specifications, and

  7  methods of construction to be submitted to the department for

  8  approval.

  9         (4)  A manufacturer of factory-built school buildings

10  designed or intended for use as school buildings shall submit

11  to the department for approval the manufacturer's plans,

12  specifications, alterations, and methods of construction.  The

13  department is authorized to charge manufacturers a fee which

14  reflects the actual expenses incurred for the review of such

15  plans and specifications.

16         (5)  The department, in accordance with the standards

17  and procedures adopted pursuant to this section and as such

18  standards and procedures may thereafter be modified, shall

19  approve or reject such plans, specifications, and methods of

20  construction.  Approval shall not be given unless such plans,

21  specifications, and methods of construction are in compliance

22  with the State Uniform Building Code for Public Educational

23  Facilities and department rule. After January 1, 2002 July 1,

24  2001, the Uniform Code for Public Educational facilities shall

25  be incorporated into the Florida Building Code, including

26  specific requirements for public educational facilities and

27  department rule.

28         (6)  The department may delegate its plans review

29  authority to a state agency or public or private entity;

30  however, the department shall ensure that any person

31


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  1  conducting plans reviews is a certified plans examiner,

  2  pursuant to part XII of chapter 468.

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

  4  department for factory-built school buildings and such

  5  department-approved plans shall be accepted by the enforcement

  6  agency as approved for the purpose of obtaining a construction

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

  8  designated representative, shall determine if the plans

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

10  defined in s. 553.36.

11         (8)  Any amendment to the State Uniform Code for Public

12  Educational Facilities, and after January 1, 2002 July 1,

13  2001, the Florida Building Code, shall become effective 180

14  days after the amendment is filed with the Secretary of State.

15  Notwithstanding the 180-day delayed effective date, the

16  manufacturer shall submit and obtain a revised approved plan

17  within the 180 days.  A revised plan submitted pursuant to

18  this subsection shall be processed as a renewal or revision

19  with appropriate fees.  A plan submitted after the period of

20  time provided shall be processed as a new application with

21  appropriate fees.

22         (9)  The school district or community college district

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

24  altered after July 1, 2001, shall provide for periodic

25  inspection of the proposed factory-built school building

26  during each phase of construction or alteration. The inspector

27  shall act under the direction of the governing board for

28  employment purposes. This subsection does not prevent a school

29  district or community college district from purchasing or

30  otherwise using a factory-built school building that has been

31  inspected during all phases of construction or alteration


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  1  conducted after July 1, 2002, by another school district or

  2  community college or by an approved inspection agency

  3  certified pursuant to s. 553.36(2). If a factory-built school

  4  building is constructed or altered for an entity other than a

  5  school district or community college district, such entity may

  6  employ at its election a school district, community college

  7  district, or such approved inspection agency to conduct such

  8  inspections. A school district or community college district

  9  so employed may charge such entity for services at reasonable

10  rates comparable to those charged for similar services by

11  approved inspection agencies.

12         (10)  The department shall, by rule, develop forms and

13  reporting periods for the architect or structural engineer in

14  charge of the supervision of the work of construction in the

15  factory, the inspector on the work, and the manufacturer

16  verifying that based upon personal knowledge, the work during

17  the period covered by the report has been performed, and the

18  materials used and installed, in every particular, in

19  accordance with the approved plans and specifications, setting

20  forth such detailed statements of facts as required by the

21  department.

22         (11)  The department shall develop a unique

23  identification label to be affixed to all newly constructed

24  factory-built school buildings and existing factory-built

25  school buildings which have been brought into compliance with

26  the standards for existing "satisfactory" buildings pursuant

27  to chapter 5 of the Uniform Code for Public Educational

28  Facilities, and after January 1, 2002 July 1, 2001, the

29  Florida Building Code.  The department may charge a fee for

30  issuing such labels.  Such labels, bearing the department's

31  name and state seal, shall at a minimum, contain:


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  1         (a)  The name of the manufacturer.

  2         (b)  The standard plan approval number or alteration

  3  number.

  4         (c)  The date of manufacture or alteration.

  5         (d)  The serial or other identification number.

  6         (e)  The following designed-for loads: lbs. per square

  7  foot live load; lbs. per square foot floor live load; lbs. per

  8  square foot horizontal wind load; and lbs. per square foot

  9  wind uplift load.

10         (f)  The designed-for flood zone usage.

11         (g)  The designed-for wind zone usage.

12         (h)  The designed-for enhanced hurricane protection

13  zone usage: yes or no.

14         (12)  Such identification label shall be permanently

15  affixed by the manufacturer in the case of newly constructed

16  factory-built school buildings, or by the department or its

17  designee in the case of an existing factory-built building

18  altered to comply with provisions of s. 235.061.

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

20  constructed factory-built school buildings shall bear a label

21  pursuant to subsection (12). As of July 1, 2002, existing

22  factory-built school buildings and manufactured building used

23  as classrooms and not bearing such label shall not be used as

24  classrooms pursuant to s. 235.061.

25         (14)  Nothing in this section shall affect any

26  requirement for compliance with firesafety criteria.

27         Section 10.  Effective July 1, 2001, section 553.505,

28  Florida Statutes, is amended to read:

29         553.505  Exceptions to applicability of the Americans

30  with Disabilities Act.--Notwithstanding the Americans with

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


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  1  553.501-553.513. Parking spaces, parking lots, and other

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

  3  when that section provides increased accessibility.

  4         Section 11.  Effective July 1, 2001, section 553.507,

  5  Florida Statutes, is amended to read:

  6         553.507  Exemptions.--Sections 553.501-553.513 and s.

  7  316.1955(4) do not apply to any of the following:

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

  9  either under construction or under contract for construction

10  on October 1, 1997.

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

12  existence on October 1, 1997, unless:

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

14  converted from residential to nonresidential or mixed use, as

15  defined by local law;

16         (b)  The proposed alteration or renovation of the

17  building, structure, or facility will affect usability or

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

19  303(a) of the Americans with Disabilities Act of 1990; or

20         (c)  The original construction or any former alteration

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

22  carried out in violation of applicable permitting law.

23         Section 12.  Subsections (2) and (3), paragraph (b) of

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

25  553.73, Florida Statutes, as amended by section 40 of chapter

26  98-287, Laws of Florida, as amended by section 61 of chapter

27  98-419, Laws of Florida, as amended by sections 73, 74, and 75

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

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

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

31


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

  2  to read:

  3         553.73  State Minimum Building Codes.--

  4         (2)  The Florida Building Code shall contain provisions

  5  or requirements for public and private buildings, structures,

  6  and facilities relative to structural, mechanical, electrical,

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

  8  historical buildings, manufactured buildings, elevators,

  9  coastal construction, lodging facilities, food sales and food

10  service facilities, health care facilities, including assisted

11  living facilities, adult day care facilities, and facilities

12  for the control of radiation hazards, public or private

13  educational facilities, swimming pools, and correctional

14  facilities and enforcement of and compliance with such

15  provisions or requirements. Further, the Florida Building Code

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

17  and 515.29 by including standards and criteria for residential

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

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

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

21  provisions to be contained within the Florida Building Code

22  are restricted to requirements related to the types of

23  materials used and construction methods and standards employed

24  in order to meet criteria specified in the Florida Building

25  Code. Provisions relating to the personnel, supervision or

26  training of personnel, or any other professional qualification

27  requirements relating to contractors or their workforce may

28  not be included within the Florida Building Code, and

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

30  the inclusion of such provisions within the Florida Building

31


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    CS for CS for SB's 336 & 190                   First Engrossed



  1  Code by amendment. This restriction applies to both initial

  2  development and amendment of the Florida Building Code.

  3         (3)  The commission shall select from available

  4  national or international model building codes, or other

  5  available building codes and standards currently recognized by

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

  7  Building Code. The commission may modify the selected model

  8  codes and standards as needed to accommodate the specific

  9  needs of this state. Standards or criteria referenced by the

10  selected model codes shall be similarly incorporated by

11  reference.  If a referenced standard or criterion requires

12  amplification or modification to be appropriate for use in

13  this state, only the amplification or modification shall be

14  specifically set forth in the Florida Building Code. The

15  Florida Building Commission may approve technical amendments

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

17  following conditions:

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

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

20  associated documentation has been made available to any

21  interested party before any consideration by any Technical

22  Advisory Committee;

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

24  make a favorable recommendation to the commission, the

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

26  present at the Technical Advisory Committee meeting and at

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

28  conduct a meeting;

29         (c)  After Technical Advisory Committee consideration

30  and a recommendation for approval of any proposed amendment,

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


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    CS for CS for SB's 336 & 190                   First Engrossed



  1  not less than 45 days before any consideration by the

  2  commission; and

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

  4  based on public testimony and evidence from a public hearing

  5  held in accordance with chapter 120.

  6

  7  The commission shall incorporate within sections of the

  8  Florida Building Code provisions which address regional and

  9  local concerns and variations. The commission shall make every

10  effort to minimize conflicts between the Florida Building

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

12  Code.

13         (4)

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

15  of this section, adopt amendments to the technical provisions

16  of the Florida Building Code which apply solely within the

17  jurisdiction of such government and which provide for more

18  stringent requirements than those specified in the Florida

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

20         1.  The local governing body determines, following a

21  public hearing which has been advertised in a newspaper of

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

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

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

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

26  demonstrates that local conditions justify more stringent

27  requirements than those specified in the Florida Building Code

28  for the protection of life and property.

29         2.  Such additional requirements are not discriminatory

30  against materials, products, or construction techniques of

31  demonstrated capabilities.


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  1         3.  Such additional requirements may not introduce a

  2  new subject not addressed in the Florida Building Code.

  3         4.  The enforcing agency shall make readily available,

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

  5  section.

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

  7  transmitted within 30 days by the adopting local government to

  8  the commission.  The commission shall maintain copies of all

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

10  the public.

11         6.  Any amendment to the Florida Building Code adopted

12  by a local government pursuant to this paragraph shall be

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

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

15  such time, the commission shall review such amendment for

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

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

18  the amendment.  The commission shall immediately notify the

19  respective local government of the rescission of any

20  amendment. After receiving such notice, the respective local

21  government may readopt the rescinded amendment pursuant to the

22  provisions of this paragraph.

23         7.  Each county and municipality desiring to make local

24  technical amendments to the Florida Building Code shall by

25  interlocal agreement establish a countywide compliance review

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

27  adopted by a local government within the county pursuant to

28  this paragraph, that is challenged by any substantially

29  affected party for purposes of determining the amendment's

30  compliance with this paragraph. If the compliance review board

31  determines such amendment is not in compliance with this


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    CS for CS for SB's 336 & 190                   First Engrossed



  1  paragraph, the compliance review board shall notify such local

  2  government of the noncompliance and that the amendment is

  3  invalid and unenforceable until the local government corrects

  4  the amendment to bring it into compliance. The local

  5  government may appeal the decision of the compliance review

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

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

  8  compliance review board determines such amendment to be in

  9  compliance with this paragraph, any substantially affected

10  party may appeal such determination to the commission, which

11  shall conduct a hearing under chapter 120 and the uniform

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

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

14  board shall determine whether its decisions apply to a

15  respective local jurisdiction or apply countywide.

16         8.  An amendment adopted under this paragraph shall

17  include a fiscal impact statement which documents the costs

18  and benefits of the proposed amendment.  Criteria for the

19  fiscal impact statement shall include the impact to local

20  government relative to enforcement, the impact to property and

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

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

23  a basis for challenging the amendment for compliance.

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

25  commission may review any amendments adopted pursuant to this

26  subsection and make nonbinding recommendations related to

27  compliance of such amendments with this subsection.

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

29  120.536(1) and 120.54, shall update the Florida Building Code

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

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


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    CS for CS for SB's 336 & 190                   First Engrossed



  1  commission is deemed adopted for use statewide without

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

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

  4  Florida Building Code, the state minimum building code in

  5  effect in the permitting jurisdiction on the date of the

  6  application governs the permitted work for the life of the

  7  permit and any extension granted to the permit.

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

  9  120.536(1) and 120.54, shall update the Florida Building Code

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

11  commission shall consider changes made by the adopting entity

12  of any selected model code for any model code incorporated

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

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

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

16  adopted by the adopting organization, which may then be

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

18  further consider the commission's own interpretations,

19  declaratory statements, appellate decisions, and approved

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

21  institute or standards organization to any standard or

22  criterion that is adopted by reference in the Florida Building

23  Code does not become effective statewide until it has been

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

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

26  application for of any permit authorized by the code governs

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

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

29  Building Code which is adopted upon a finding by the

30  commission that the amendment is necessary to protect the

31  public from immediate threat of harm takes effect immediately.


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  1         (7)(6)(a)  The commission may approve technical

  2  amendments to the Florida Building Code once each year for

  3  statewide or regional application upon a finding that the

  4  amendment:

  5         1.  Has a reasonable and substantial connection with

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

  7         2.  Strengthens or improves the Florida Building Code,

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

  9  equivalent or better products or methods or systems of

10  construction.

11         3.  Does not discriminate against materials, products,

12  methods, or systems of construction of demonstrated

13  capabilities.

14         4.  Does not degrade the effectiveness of the Florida

15  Building Code.

16

17  Furthermore, the Florida Building Commission may approve

18  technical amendments to the code once each year to incorporate

19  into the Florida Building Code its own interpretations of the

20  code which are embodied in its opinions and declaratory

21  statements. Amendments approved under this paragraph shall be

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

23  the amendments have been subjected to the provisions of

24  subsection (3).

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

26  statement which documents the costs and benefits of the

27  proposed amendment.  Criteria for the fiscal impact statement

28  shall be established by rule by the commission and shall

29  include the impact to local government relative to

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

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


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  1         (c)  The commission may not approve any proposed

  2  amendment that does not accurately and completely address all

  3  requirements for amendment which are set forth in this

  4  section.

  5         (8)(7)  The following buildings, structures, and

  6  facilities are exempt from the Florida Building Code as

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

  8  determined by the Legislature and provided by law:

  9         (a)  Buildings and structures specifically regulated

10  and preempted by the Federal Government.

11         (b)  Railroads and ancillary facilities associated with

12  the railroad.

13         (c)  Nonresidential farm buildings on farms.

14         (d)  Temporary buildings or sheds used exclusively for

15  construction purposes.

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

17  that the provisions of part V relating to accessibility by

18  persons with disabilities shall apply to such mobile homes.

19         (f)  Those structures or facilities of electric

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

21  involved in the generation, transmission, or distribution of

22  electricity.

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

24  commercial motion picture or television production, or any

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

26  the premises.

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

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

29  less are not required to comply with the mandatory

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

31  Code.


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  1         (i)  Chickees constructed by the Miccosukee Tribe of

  2  Indians of Florida or the Seminole Tribe of Florida. As used

  3  in this paragraph, the term "chickee" means an open-sided

  4  wooden hut that has a thatched roof of palm or palmetto or

  5  other traditional materials, and that does not incorporate any

  6  electrical, plumbing, or other nonwood features.

  7

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

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

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

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

12  categories of buildings exempted in this section, including

13  exceptions for application of specific sections of the code or

14  standards adopted therein. The Department of Agriculture and

15  Consumer Services shall have exclusive authority to adopt by

16  rule, pursuant to chapter 120, exceptions to nonresidential

17  farm buildings exempted in paragraph (c) when reasonably

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

19  exceptions must be based upon specific criteria, such as

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

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

22  the commission may recommend to the Legislature additional

23  categories of buildings, structures, or facilities which

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

25  provided by law.

26         Section 13.  Paragraphs (e) and (h) of subsection (1)

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

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

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

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

31


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    CS for CS for SB's 336 & 190                   First Engrossed



  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.

31


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    CS for CS for SB's 336 & 190                   First Engrossed



  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 14.  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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    CS for CS for SB's 336 & 190                   First Engrossed



  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.

31


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    CS for CS for SB's 336 & 190                   First Engrossed



  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 15.  Effective upon this act becoming a law,

13  section 553.84, Florida Statutes, as amended by section 88 of

14  chapter 2000-141, Laws of Florida, is amended to read:

15         553.84  Statutory civil action.--Notwithstanding any

16  other remedies available, any person or party, in an

17  individual capacity or on behalf of a class of persons or

18  parties, damaged as a result of a violation of this part or

19  the Florida Building Code, has a cause of action in any court

20  of competent jurisdiction against the person or party who

21  committed the violation; however, if the person or party

22  obtains the required building permits and any local government

23  or public agency with authority to enforce the Florida

24  Building Code approves the plans, if the construction project

25  passes all required inspections under the code, and if there

26  is no personal injury or damage to property other than the

27  property that is the subject of the permits, plans, and

28  inspections, this section does not apply unless the person or

29  party knew or should have known that the violation existed.

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

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


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    CS for CS for SB's 336 & 190                   First Engrossed



  1         553.8412  Legislative intent; delivery of training;

  2  outsourcing.--

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

  4  training for the Florida Building Code is in excess of

  5  100,000. It is the intent of the Legislature that the Florida

  6  Building Commission make sure that initial training for the

  7  Florida Building Code be achieved as soon as practicable to

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

  9  that the Florida Building Commission encourage and promote

10  improved coordination between industry associations as a way

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

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

13  this section, the Florida Building Commission and the

14  department shall provide for statewide outreach for training

15  on the Florida Building Code. The Florida Building Commission

16  and the department shall achieve statewide outreach for

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

18  existing licensee trade and professional associations. The

19  Florida Building Commission or the department may not exclude

20  participation in statewide outreach by any trade or

21  professional association that has as its primary constituency

22  members who are required to comply with the training

23  requirements of the Florida Building Code. Wherever possible

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

25  Commission and the department shall outsource components,

26  outreach, and coordination of training and the training itself

27  to prevent duplication and ensure the most expeditious and

28  consistent delivery and minimize administrative costs to the

29  commission and the department. This section does not prohibit

30  any qualified entity from providing training on the Florida

31  Building Code.


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    CS for CS for SB's 336 & 190                   First Engrossed



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

  2  coordination of training, or training may come from existing

  3  resources. If necessary, the Florida Building Commission or

  4  the department may seek additional or supplemental funds

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

  6  Florida Building Commission from charging fees to fund the

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

  8  provided in s. 553.841(5).

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

10  reenacted by the Legislature.

11         Section 17.  Effective July 1, 2001, section 553.842,

12  Florida Statutes, is amended to read:

13         553.842  Product evaluation and approval.--

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

15  120.536(1) and 120.54 make recommendations to the President of

16  the Senate and the Speaker of the House of Representatives

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

18  product evaluation and approval system that applies statewide

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

20  commission may enter into contracts to provide for

21  administration of the product evaluation and approval system.

22  The product evaluation and approval system shall provide:

23         (a)  Appropriate promotion of innovation and new

24  technologies.

25         (b)  Processing submittals of products from

26  manufacturers in a timely manner.

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

28  testing and laboratory facilities, product evaluation

29  entities, quality-assurance agencies, certification agencies,

30  and validation entities.

31


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  1         (d)  An easily accessible product acceptance list to

  2  entities subject to the Florida Building Code.

  3         (e)  Development of stringent but reasonable testing

  4  criteria based upon existing consensus standards, when

  5  available, for products.

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

  7  local approvals will be valid until the requirements of the

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

  9  changes in a manner affecting its performance as required by

10  the code, or the approval is revoked.

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

12  approval.

13         (h)  Cost-effectiveness.

14         (2)  The product evaluation and approval system shall

15  rely on regional, national, and international consensus

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

17  demonstrating compliance with code standards. Other standards

18  which meet or exceed established state requirements shall also

19  be considered.

20         (3)  Products or methods or systems of construction

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

22  testing or comparative or rational analysis methods

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

24  certified by an approved product evaluation entity, testing

25  laboratory, or certification agency as complying with the

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

27  statewide use by one of the methods established in subsection

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

29  or approval.

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

31  of construction requiring approval under s. 553.77 must be


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    CS for CS for SB's 336 & 190                   First Engrossed



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

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

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

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

  5  that department's jurisdiction only. Notwithstanding a local

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

  7  provided in this act, statewide approval shall preclude local

  8  jurisdictions from requiring further testing, evaluation, or

  9  submission of other evidence as a condition of using the

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

11  the conditions of its approval.

12         (5)  Statewide and Local approval of products or

13  methods or systems of construction may shall be achieved by

14  the local building official through building plans review and

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

16  construction complies with the prescriptive standards

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

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

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

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

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

22  officials or the commission to approve the following

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

24  skylights, windows, shutters, and structural components as

25  established by the commission by rule.

26         (a)  Products for which the code establishes

27  standardized testing or comparative or rational analysis

28  methods shall be approved by submittal and validation of one

29  of the following reports or listings indicating that the

30  product or method or system of construction was evaluated to

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


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    CS for CS for SB's 336 & 190                   First Engrossed



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

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

  3  Florida Building Code:

  4         1.  A certification mark or listing of an approved

  5  certification agency;

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

  7         3.  A product evaluation report based upon testing or

  8  comparative or rational analysis, or a combination thereof,

  9  from an approved product evaluation entity; or

10         4.  A product evaluation report based upon testing or

11  comparative or rational analysis, or a combination thereof,

12  developed and signed and sealed by a professional engineer or

13  architect, licensed in this state.

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

15  which there are no specific standardized testing or

16  comparative or rational analysis methods established in the

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

18  following:

19         1.  A product evaluation report based upon testing or

20  comparative or rational analysis, or a combination thereof,

21  from an approved product evaluation entity indicating that the

22  product or method or system of construction was evaluated to

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

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

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

26  by the Florida Building Code; or

27         2.  A product evaluation report based upon testing or

28  comparative or rational analysis, or a combination thereof,

29  developed and signed and sealed by a professional engineer or

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

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


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

  2  Florida Building Code.

  3         (7)  The commission shall ensure that product

  4  manufacturers operate quality-assurance programs for all

  5  approved products. The commission shall adopt by rule criteria

  6  for operation of the quality-assurance programs.

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

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

  9  rule criteria constituting complete validation by the local

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

11  verification of a quality-assurance program. For state

12  approvals, validation shall be performed by validation

13  entities approved by the commission. The commission shall

14  adopt by rule criteria for approval of validation entities,

15  which shall be third-party entities independent of the

16  product's manufacturer and which shall certify to the

17  commission the product's compliance with the code.

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

19  following types of entities that produce information on which

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

21  including engineers and architects, must comply with a

22  nationally recognized standard demonstrating independence or

23  no conflict of interest:

24         (a)  Evaluation entities that meet the criteria for

25  approval adopted by the commission by rule. The commission

26  shall specifically approve the National Evaluation Service,

27  the International Conference of Building Officials Evaluation

28  Services, the Building Officials and Code Administrators

29  International Evaluation Services, the Southern Building Code

30  Congress International Evaluation Services, and the Miami-Dade

31  County Building Code Compliance Office Product Control.


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  1  Architects and engineers licensed in this state are also

  2  approved to conduct product evaluations as provided in

  3  subsection (6).

  4         (b)  Testing laboratories accredited by national

  5  organizations, such as A2LA and the National Voluntary

  6  Laboratory Accreditation Program, laboratories accredited by

  7  evaluation entities approved under paragraph (a), and

  8  laboratories that comply with other guidelines for testing

  9  laboratories selected by the commission and adopted by rule.

10         (c)  Quality-assurance entities approved by evaluation

11  entities approved under paragraph (a) and by certification

12  agencies approved under paragraph (d) and other

13  quality-assurance entities that comply with guidelines

14  selected by the commission and adopted by rule.

15         (d)  Certification agencies accredited by nationally

16  recognized accreditors and other certification agencies that

17  comply with guidelines selected by the commission and adopted

18  by rule.

19         (e)  Validation entities that comply with accreditation

20  standards established by the commission by rule.:

21         (a)  Submittal and validation of a product evaluation

22  report from an approved product evaluation entity indicating

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

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

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

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

27  least equivalent of that required by the Florida Building

28  Code; or

29         (b)  Submittal and validation of a product evaluation

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

31  professional engineer or architect, licensed in this state,


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

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

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

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

  5  product approved under this procedure shall be required to be

  6  manufactured under a quality assurance program, certified by

  7  an approved product evaluation entity.

  8         (10)(6)  A building official may deny the local

  9  application of a product or method or system of construction

10  which has received statewide approval, based upon a written

11  report signed by the official that concludes the product

12  application is inconsistent with the statewide approval and

13  that states the reasons the application is inconsistent.  Such

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

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

16         (11)(7)  Products, other than manufactured buildings,

17  which are custom fabricated or assembled shall not require

18  separate approval under this section provided the component

19  parts have been approved for the fabricated or assembled

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

21  requirements of the Florida Building Code which applies to the

22  product's intended use.

23         (12)(8)  A building official may appeal the required

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

25  construction to the commission. The commission shall conduct a

26  hearing under chapter 120 and the uniform rules of procedure

27  and shall establish expedited procedures to handle such

28  appeals in an expedited manner.

29         (13)(9)  The decisions of local building officials

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

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


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  1  a hearing under chapter 120 and the uniform rules of

  2  procedure. Decisions of the commission regarding statewide

  3  product approvals and appeals of local product approval shall

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

  5         (14)(10)  The commission shall maintain a list of the

  6  state-approved approved products, and product evaluation

  7  entities, testing laboratories, quality-assurance agencies,

  8  certification agencies, and validation entities and make such

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

10  commission shall establish reasonable timeframes associated

11  with the product approval process and availability of the

12  lists list.

13         (15)  The commission shall by rule establish criteria

14  for revocation of product approvals as well as revocation of

15  approvals of product evaluation entities, testing

16  laboratories, quality-assurance entities, certification

17  agencies, and validation entities. Revocation is governed by

18  s. 120.60 and the uniform rules of procedure.

19         (16)  The commission shall establish a schedule for

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

21  the product manufacturing industry has sufficient time to

22  revise products to meet the requirements for approval and

23  submit them for testing or evaluation before the system taking

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

25  of statewide approval is not delayed.

26         (11)  The commission may establish reasonable and

27  appropriate fees for the review of rational analyses and

28  certification of manufactured buildings submitted pursuant to

29  this section and may enter into any contracts the commission

30  deems necessary in order to implement this section.

31


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  1         (12)  Products certified or approved for statewide or

  2  local use by an approved product evaluation entity prior to

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

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

  5  with this section.

  6

  7  For purposes of this section, an approved product evaluation

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

  9  recognized independent evaluation authority or entity

10  otherwise approved by the commission.

11         Section 18.  Effective July 1, 2001, subsection (2) of

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

13         553.895  Firesafety.--

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

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

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

17  regardless of occupancy classification and including any

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

19  with an automatic sprinkler system installed in compliance

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

21  adopted pursuant thereto.  A stand-alone parking garage

22  constructed with noncombustible materials, the design of which

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

24  the atmosphere on all sides with percentages of openings as

25  prescribed in the applicable building code, and which parking

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

27  is exempt from the requirements of this subsection.

28  Telecommunications spaces located within telecommunications

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

30  fire-prevention standard approved by both the Florida Building

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


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

  2  feet in height which is protected throughout with an approved

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

  4  as defined in the National Fire Protection Association

  5  Standard 14, Standard for the Installation of Standpipe,

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

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

  8  the Florida Building Commission shall research the issue of

  9  adopting a rehabilitation code for the state and shall report

10  to the Legislature before the 2002 Regular Session regarding

11  the feasibility of adopting such a code. The commission shall

12  review the rehabilitation codes adopted by other states as

13  part of its research.

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

15  the Florida Building Commission shall research the issue of

16  requiring all primary elevators in buildings with more than

17  five levels to operate with a universal key, thereby allowing

18  access and operation by emergency personnel. The commission

19  must report its recommendations to the Legislature before the

20  2002 Regular Session.

21         Section 21.  Notwithstanding any other provision in

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

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

24  of chapter 2000-141, Laws of Florida, is changed to January 1,

25  2002:  sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15,

26  17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 36,

27  39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70, 71, 72,

28  75, 79, 81, 84, 86, 87, 88, 91, 92, 93, 94, and 99.

29         Section 22.  Notwithstanding any other provision in

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

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


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

  2  2000-141, Laws of Florida, is changed to January 1, 2002:

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

  4  31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56.

  5         Section 23.  Notwithstanding any other provision in

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

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

  8  98-419, Laws of Florida, as amended by chapter 2000-141, Laws

  9  of Florida, is changed to January 1, 2002.

10         Section 24.  Effective upon this act becoming a law,

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

12  to read:

13         Section 135.  Effective January 1, 2002 July 1, 2001,

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

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

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

17  Statutes, are repealed.

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

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

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

21  of Florida, is amended to read:

22         Section 62.

23         (2)  Effective January 1, 2002 July 1, 2001, all

24  existing local technical amendments to any building code

25  adopted by any local government, except for local ordinances

26  setting forth administrative requirements which are not in

27  conflict with the Florida Building Code, are repealed. Each

28  local government may readopt such amendments pursuant to s.

29  553.73, Florida Statutes, provided such amendments comply with

30  applicable provisions of the Florida Building Code.

31


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  1         Section 26.  Effective upon this act becoming a law,

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

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

  4  to read:

  5         Section 68.  Effective January 1, 2002 July 1, 2001,

  6  parts I, II, and III of chapter 553, Florida Statutes,

  7  consisting of sections 553.01, 553.02, 553.03, 553.04,

  8  553.041, 553.05, 553.06, 553.07, 553.08, 553.10, 553.11,

  9  553.14, 553.15, 553.16, 553.17, 553.18, 553.20, 553.21,

10  553.22, 553.23, 553.24, 553.25, 553.26, 553.27, and 553.28,

11  Florida Statutes, are repealed, section 553.141, Florida

12  Statutes, is transferred and renumbered as section 553.86,

13  Florida Statutes.

14         Section 27.  Effective upon this act becoming a law,

15  funds that are available under sections 489.109(3) and

16  489.509(3), Florida Statutes, shall be allocated and expended

17  by the Florida Building Commission as provided in this

18  section.

19         (1)  Effective upon this act becoming a law, the

20  Florida Building Commission shall appoint those members of the

21  Building Construction Industry Advisory Committee on October

22  1, 2001, as established by Rule 6A-10.029, Florida

23  Administrative Code, to the Education Technical Advisory

24  Committee of the Florida Building Commission to complete their

25  terms of office. Members of the Florida Building Commission

26  shall also be appointed to the Education Technical Advisory

27  Committee. The members of the committee shall broadly

28  represent the building construction industry and must consist

29  of no fewer than 10 persons. The chairperson of the Florida

30  Building Commission shall annually designate the chairperson

31  of the committee. The terms of the committee members shall be


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  1  2 years each and members may be reappointed at the discretion

  2  of the Florida Building Commission.

  3         (2)  The Educational Technical Advisory Committee

  4  shall:

  5         (a)  Advise the commission on any policies or

  6  procedures needed to administer sections 489.109(3) and

  7  489.509(3), Florida Statutes.

  8         (b)  Advise the commission on administering section

  9  553.841, Florida Statutes.

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

11  which funds should be expended for research and continuing

12  education.

13         (d)  Review all proposed research and continuing

14  education projects and recommend to the commission those

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

16  provided for each project.

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

18  Department of Community Affairs from the Construction Industry

19  Licensing Board and the Electrical Contractors' Licensing

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

21  Florida Statutes, the commission shall determine the amount of

22  funds available for research projects from the proceeds of

23  contractor licensing fees and identify, solicit, and accept

24  funds from other sources for research and continuing education

25  projects.

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

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

28  funds shall be carried forward and allocated for use during

29  the following fiscal year.

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

31  the Florida Building Commission shall convene an ad hoc


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    CS for CS for SB's 336 & 190                   First Engrossed



  1  subcommittee to recommend a procedure by which the public

  2  could elect to engage an engineer or architect to perform

  3  plans review and inspection for the construction, alteration,

  4  repair, or improvement of real property, and the appropriate

  5  role of the local building official in such an alternative

  6  plans review and inspection procedure and in the resulting

  7  issuance of a building permit and certificate of occupancy.

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

  9  members appointed by the chairperson of the commission who

10  shall meet the following qualifications:

11         (a)  Five members from the Building Officials

12  Association of Florida;

13         (b)  Two members from the Associated General

14  Contractors of Florida;

15         (c)  One member from the Florida Homebuilders

16  Association;

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

18         (e)  One member from the Florida Association of the

19  American Institute of Architects; and

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

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

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

23  meeting via telephone conference if the technology is

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

25  voluntary basis, without compensation and without

26  reimbursement of per diem and travel expenses.

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

28  processes used by local building officials throughout the

29  state in conducting plans review for the construction,

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

31  approving building permit applications, as well as those


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    CS for CS for SB's 336 & 190                   First Engrossed



  1  processes used by local building officials in conducting

  2  required inspections for construction, alteration, repair, or

  3  improvement of real property, and issuing certificates of

  4  occupancy. The ad hoc subcommittee shall make recommendations

  5  on the following:

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

  7  engage an engineer or architect to perform plans review and

  8  inspection for the construction, alteration, repair, or

  9  improvement of real property; and

10         (b)  The appropriate role of the local building

11  official in such an alternative plans review and inspection

12  procedure and in the resulting issuance of a building permit

13  and certificate of occupancy.

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

15  Florida Building Commission its recommendations and findings

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

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

18  House of Representatives, before the beginning of the next

19  regularly scheduled legislative session, a report of its

20  findings, which shall include the recommendations of the ad

21  hoc committee.

22         (5)  The Department of Community Affairs shall provide

23  logistical and staff support for the ad hoc subcommittee.

24         Section 29.  Subsection (1) of section 627.0629,

25  Florida Statutes, as amended by section 99 of chapter

26  2000-141, Laws of Florida, is amended to read:

27         627.0629  Residential property insurance; rate

28  filings.--

29         (1)  A rate filing for residential property insurance

30  must include actuarially reasonable discounts, credits, or

31  other rate differentials, or appropriate reductions in


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    CS for CS for SB's 336 & 190                   First Engrossed



  1  deductibles, for properties on which fixtures or construction

  2  techniques demonstrated to reduce the amount of loss in a

  3  windstorm have been installed or implemented. The fixtures or

  4  construction techniques shall include, but not be limited to,

  5  fixtures or construction techniques which enhance roof

  6  strength, roof covering performance, roof-to-wall strength,

  7  wall-to-floor-to-foundation strength, opening protection, and

  8  window, door, and skylight strength.  Credits, discounts, or

  9  other rate differentials for fixtures and construction

10  techniques which meet the minimum requirements of the Florida

11  Building Code must be included in the rate filing. All

12  insurance companies must make a rate filing which includes the

13  credits, discounts, or other rate differentials by December 31

14  June 1, 2002.

15         Section 30.  Effective upon this act becoming a law,

16  paragraph (c) of subsection (3) of section 633.0215, Florida

17  Statutes, is amended to read:

18         633.0215  Florida Fire Prevention Code.--

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

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

21  Marshal shall notify each municipal, county, and special

22  district fire department of the triennial code adoption and

23  steps necessary for local amendments to be included within the

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

25  the Florida Fire Prevention Code, each local jurisdiction

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

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

28  process local fire code amendments that are received less than

29  120 days before the adoption date of the Florida Fire

30  Prevention Code.

31


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  1         (c)  Notwithstanding other state or local building and

  2  construction code laws to the contrary, locally adopted fire

  3  code requirements that were in existence on the effective date

  4  of this section shall be deemed local variations of the

  5  Florida Fire Prevention Code until the State Fire Marshal

  6  takes action to adopt as a statewide firesafety code

  7  requirement or rescind such requirements as provided herein,

  8  and such action shall take place no later than January 1, 2002

  9  July 1, 2001.

10         Section 31.  Effective upon this act becoming a law,

11  section 1 of chapter 2000-150, Laws of Florida, is repealed.

12         Section 32.  Effective upon this act becoming a law,

13  the Florida Building Commission shall research and evaluate

14  the types of specific needs for the state and its localities

15  which are appropriate to justify amendments to the adopted

16  Florida Building Code, as referenced in section 553.73(3),

17  Florida Statutes, and shall make recommendations regarding

18  legislative clarification of this issue to the Legislature

19  prior to the 2002 Regular Session. The commission shall

20  consider needs relating to the state's geographic, climatic,

21  soil, topographic, fire, and other conditions as part of its

22  evaluation. The commission shall adopt no amendments to the

23  Florida Building Code until after July 1, 2002, except for the

24  following: emergency amendments, amendments clarifying

25  construction regulations for state agencies, amendments that

26  eliminate conflicts with state law or implement new

27  authorities granted by law, and amendments to implement

28  settlement agreements executed prior to March 1, 2002.

29         Section 33.  Effective upon this act becoming a law,

30  the sum of $250,000 is appropriated from the General Revenue

31  Fund to Florida Community College at Jacksonville for the


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  1  operations of the Institute of Applied Technology in

  2  Construction Excellence.

  3         Section 34.  The sum of $250,000 is appropriated from

  4  the General Revenue Fund to Miami-Dade Community College for

  5  the purpose of implementing the building code training program

  6  for inspectors, contractors, architects, and engineers.

  7         Section 35.  Except as otherwise expressively provided

  8  in this act, this act shall take effect January 1, 2002.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


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