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2 An act relating to Palm Beach County; amending
3 chapter 90-445, Laws of Florida, as amended;
4 providing for the uniform implementation,
5 interpretation, and enforcement of building
6 code requirements pursuant to the Florida
7 Building Code; providing and amending
8 definitions; providing for enforcement;
9 providing for repeal of conflicting laws;
10 providing for interpretation of codes and
11 revision; deleting provisions relating to
12 appointments; providing for authority for
13 building code amendments; providing for
14 amending provisions for product and system
15 evaluation, including application fees and
16 revocation and renewal of product and system
17 compliance; providing severability; providing
18 an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Notwithstanding section 136 of chapter
23 2000-141, Laws of Florida, chapter 90-445, Laws of Florida, is
24 reenacted and amended to read:
25 Section 1. Purpose.--As provided in section 553.80(1),
26 Florida Statutes, each local government and each legally
27 constituted enforcement district with statutory authority
28 shall regulate building construction and, where authorized in
29 the state agency's enabling legislation, each state agency
30 shall enforce the Florida Building Code, as revised or amended
31 by the state or applicable local government, required on all
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1 public or private buildings, structures, and facilities unless
2 such responsibility has been delegated to another unit of
3 government pursuant to section 553.79(9), Florida Statutes.
4 The purpose of this act is to provide for a system to advise
5 the Palm Beach County Board of County Commissioners and local
6 governments regarding the uniform implementation,
7 interpretation, and enforcement of the Florida Building Code.
8 Authority.--The board of county commissioners shall have the
9 power to adopt, for all municipalities and unincorporated
10 areas of Palm Beach County, more recent editions and revisions
11 of the Standard Building, Gas, Mechanical, and Plumbing Codes,
12 as promulgated by the Southern Building Code Congress
13 International, in addition to the National Electrical Code, as
14 promulgated by the National Fire Protection Association.
15 These codes shall be adopted by ordinance, based on the advice
16 of the Building Code Advisory Board of Palm Beach County.
17 Section 2. Definitions.--As used in this act:
18 (1) "Amendment" means modified requirements to the
19 Florida Building Code model building codes which are adopted
20 by ordinance by any unit of local government pursuant to
21 section 553.73, Florida Statutes.
22 (2) "Board" means the Building Code Advisory Board of
23 Palm Beach County, unless otherwise specified.
24 (3) "Building official" means an individual charged
25 with the administration and enforcement of the Florida
26 Building Code several codes adopted pursuant to section 1, who
27 is a full-time employee of a municipality or the county, in
28 the respective election district in which the jurisdiction is
29 situated.
30 (4) "Design professional" means an architect or
31 engineer so registered in the State of Florida.
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1 (5) "Florida Building Code" means the code adopted by
2 the Florida Building Commission pursuant to section
3 553.73(1)(a), Florida Statutes "Model codes" means the
4 Standard Building, Gas, Mechanical, and Plumbing Codes
5 published by the Southern Building Code Congress International
6 and the National Electrical Code published by the National
7 Fire Protection Association.
8 (6) "Revisions" means any modifications to the Florida
9 Building Code model codes as published by the Florida Building
10 Commission applicable code-promulgating organization.
11 (7) "Service system" means an electrical, gas,
12 mechanical, plumbing, or other system which provides service
13 to a building, structure, or facility and is regulated by the
14 model codes and any amendments or revisions thereto.
15 (7)(8) "Unit of local government" means any one of the
16 municipal governing bodies in Palm Beach County or the Board
17 of County Commissioners of Palm Beach County.
18 Section 3. Enforcement.--Enforcement of the Florida
19 Building Code model codes adopted pursuant to section 1, and
20 any amendments or revisions thereto, shall be the
21 responsibility of each unit of local government. A unit of
22 local government may provide these services through an
23 interlocal agreement with the county or local government, as
24 provided by section 553.79(9), Florida Statutes law.
25 Section 4. Code enforcement personnel
26 qualifications.--For the purposes of permit review and
27 inspection, qualified plans examiners and inspectors, whose
28 competency shall be determined by each unit of local
29 government, shall be employed and charged with the
30 responsibility of enforcing this act.
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1 Section 5. Violations.--No building, structure, or
2 service system shall be erected or installed within Palm Beach
3 County in violation of the requirements of the model codes
4 adopted pursuant to section 1 or any amendments or revisions
5 thereto, except that state buildings are exempt from
6 compliance with such model codes.
7 Section 4.6. Repeal of laws in conflict.--Any laws,
8 ordinances, or resolutions now in existence in the
9 unincorporated areas of Palm Beach County or in any
10 municipality in Palm Beach County in conflict with this act
11 are hereby repealed.
12 Section 7. Enactment of lower standards.--No unit of
13 local government shall enact any law lowering the standards of
14 the model codes adopted pursuant to section 1. However, each
15 unit of local government may adopt ordinances providing
16 amendments to modify or improve the model codes, provided such
17 amendments are in compliance with s. 553.73, Florida Statutes.
18 Section 8. Code available.--Each unit of local
19 government shall have available for public inspection in its
20 principal office three copies of the model codes, together
21 with any amendments or revisions thereto. Amendments must be
22 printed or otherwise suitably duplicated, and copies shall be
23 available for sale at reasonable cost to the public.
24 Section 5.9. Interpretations.--In the event of a
25 dispute in the interpretation of the provisions of the Florida
26 Building Code model codes, or any amendments or revisions
27 thereto, a building official, plans examiner, inspector,
28 builder, contractor, owner, architect, or engineer may ask for
29 an opinion from the board's Code Interpretation Committee. The
30 Code Interpretation Committee shall be comprised of each of
31 the building official members of the board. The request for
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1 interpretation must come by agreement of Both parties to the
2 dispute must agree to seeking the advisory interpretation from
3 the board. Said procedure opinion may be conducted by
4 telephone or other electronic means. A simple majority of the
5 committee shall sustain an interpretation. Each building
6 official member of the committee shall maintain a written
7 record of the date and parties to the dispute. The
8 interpretation shall not be binding upon the parties to the
9 dispute.
10 Section 6.10. Appointments.--
11 (1) The Board of County Commissioners of Palm Beach
12 County shall appoint the Building Code Advisory Board of Palm
13 Beach County and supply it with a meeting place, office
14 supplies including stationery, legal counsel, technical staff,
15 mechanical recording of its meetings, written transcripts of
16 the minutes of its meetings, secretarial service, and storage
17 space for its records. The board shall have 16 members,
18 composed of 7 building officials, 1 from each commission
19 election district, appointed from nominees submitted by the
20 Building Official's Association of Palm Beach County; 7
21 members appointed from nominees submitted by the Construction
22 Industry Management Council of Palm Beach County; 1 member who
23 shall be a registered architect appointed from nominees
24 submitted by the Palm Beach Chapter of the American Institute
25 of Architects; and 1 member who shall be a professional
26 engineer appointed from nominees submitted by the Palm Beach
27 Chapter of the Florida Engineering Society. By January 1,
28 1991, the Board of County Commissioners of Palm Beach County
29 shall appoint the four new members, two for 1-year terms and
30 two for 3-year terms. Thereafter, All appointments shall be
31 for a term of 3 years, and each member shall serve until his
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1 or her successor is appointed. If a vacancy should occur
2 before a term has expired, the Board of County Commissioners
3 shall appoint a new member within 60 days to complete the
4 unexpired term.
5 (2) Members shall be required to attend all regular
6 and special meetings of the board. The chair chairman of the
7 board shall notify the Board of County Commissioners when a
8 member accumulates three consecutive absences from the regular
9 meetings or when a member fails to attend 50 percent of all
10 meetings of the board during any 12-month period. On such
11 notification, the member shall be removed by the Board of
12 County Commissioners, and the Board of County Commissioners
13 shall appoint a new member within 60 days to complete the
14 unexpired term. The board shall hold meetings open to the
15 public at least once in every calendar quarter, adopt rules
16 and procedures procedure, and elect a chair chairman and vice
17 chair chairman. A quorum of the board shall be 10 members,
18 with a concurring vote of 9 members required to approve any
19 action.
20 Section 7. Authority.--The purpose of the advisory
21 board is authorized to:
22 (1) Advise units of local governments regarding:
23 (a) Future editions of the model codes and subsequent
24 recommendation to the board of county commissioners concerning
25 countywide adoption.
26 (b) Recommendations on the adoption of administrative
27 or technical amendments to the Florida Building Code model
28 codes based on local conditions.
29 (2)(c) Advise local governments how construction code
30 enforcement can be improved and standardized.
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1 (3)(d) Advise local governments how to prevent the
2 recurrence of disputes.
3 (4)(e) Advise local governments on evaluation of new
4 and innovative materials, products, systems, or methods of
5 construction for compliance with the Florida Building Code
6 model codes adopted pursuant to section 1, and any amendments
7 or revisions thereto.
8 (5) Act as the countywide compliance review board,
9 pursuant to section 553.73(4)(b)7., Florida Statutes,
10 notwithstanding the requirements contained therein to
11 establish such review board by interlocal agreement.
12 Section 8.11. Product and system evaluation.--
13 (1) The board shall have the authority to evaluate
14 ADMINISTRATION.--Palm Beach County and each unit of local
15 government within Palm Beach County shall have the option to
16 direct inquiries concerning new or existing products or
17 systems in accordance with section 553.842, Florida Statutes,
18 and the Florida Building Commission's rules adopted thereunder
19 to the board. The board shall act as a clearing house for new
20 or different products or systems, by evaluating them based on
21 the current model codes and any amendments or revisions, being
22 recommended for adoption by the board. The board is
23 authorized to may issue evaluation and compliance reports for
24 products and systems found to be in compliance, as provided by
25 policies established by the board. Recommendations and
26 compliance reports of the board concerning new and existing
27 products or systems shall be advisory in nature for the
28 municipalities within Palm Beach County and shall not form the
29 basis of a local or statewide approval pursuant to section
30 553.842, Florida Statutes.
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1 (2) STANDARDS.--The evaluation of new and innovative
2 materials, products, systems, or methods of construction shall
3 be based on the Florida Building Code model codes adopted
4 pursuant to section 1, and any amendments or revisions
5 thereto. The types of construction, materials, systems, or
6 methods of design referred to in the Florida Building Code
7 model codes, and any amendments or revisions thereto, shall be
8 considered standards of performance, quality, and strength.
9 New or different types of construction, materials, or methods
10 of design shall be at least equal to these standards for the
11 corresponding use intended. For the purposes of determining
12 compliance, the product's quality, strength, effectiveness,
13 fire resistance, durability, safety, and control of
14 installation shall be guides for consideration.
15 (3) The board is authorized to establish policies and
16 procedures necessary to conduct evaluation efforts, such as,
17 but not limited to, applications, fees, renewals, and
18 revocations. APPLICATION PROCEDURE.--
19 (a) Applications for evaluation and compliance
20 determination shall be made in accordance with the policy and
21 procedures established by the board. If the application is
22 for a type of structure or system, the application shall be
23 accompanied by plans prepared by a design professional,
24 together with supporting engineering calculations supporting
25 the design. Applications for components, materials, or
26 devices shall be accompanied by drawings, tests, and
27 calculations, prepared by an engineer registered in the State
28 of Florida, or other proof supporting the design.
29 (b) The board may employ the use of consultants to
30 examine applications. A The consultant shall be a design
31 professional with specific qualifications in the particular
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1 that area of product or system analysis for which he or she is
2 employed.
3 (c) The board may establish policies and procedures
4 for the processing and review of requests for evaluation and
5 compliance, including programs designed to monitor
6 manufacturing, fabrication, or performance. The board or its
7 designee may require calculations, tests, or opinions from
8 design professionals, nationally recognized testing
9 laboratories, or approved quality and assurance programs.
10 (d) The data shall be analyzed and evaluated for
11 meeting the applicable performance standards. After receiving
12 an evaluation report, the board shall issue a written
13 recommendation on the appropriateness of the product or system
14 for use in Palm Beach County. All decisions or reports shall
15 be forwarded to:
16 1. The product control file.
17 2. The applicant.
18 3. The local building departments.
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20 The written recommendations of the board shall be advisory
21 only. It is the responsibility of each applicant, contractor,
22 or owner to submit individual permit applications for
23 construction or installation to the appropriate unit of local
24 government for specific approval or rejection.
25 (4) FEES.--A $500 minimum initial application fee
26 shall be paid by the applicant at the time of filing. In
27 addition, the applicant shall be responsible for any cost the
28 board may incur. Resubmissions after unfavorable
29 recommendations shall not require an additional initial filing
30 fee unless final action had been taken by the board. However,
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1 the applicant shall be required to pay any additional cost
2 incurred by the board prior to final action.
3 (5) DISPOSITION OF FEES AND EXPENSES.--All moneys
4 collected by the board shall be received, deposited, expended,
5 and accounted for pursuant to law. The expenses of the
6 advisory board, consulting fees, testing fees, and all other
7 necessary and appropriate fees shall be paid by the board from
8 the moneys collected.
9 (6) DISAPPROVAL.--Applications recommended for
10 disapproval, during any phase of the review process, shall be
11 returned to the applicant in writing, stating the reasons for
12 the recommendation of disapproval.
13 (7) REVOCATION.--
14 (a) At any time during the valid term of a compliance
15 report, the recommendation may be revoked and become null and
16 void for any of the following reasons:
17 1. Nonconformance with the model codes adopted
18 pursuant to section 1, and any amendments or revisions
19 thereto, or any subsequent updates to such standards which
20 occur after the date of acceptance.
21 2. Deviation from the design on which the
22 recommendation of acceptance was based, due to change,
23 omission, or substitution.
24 3. Use of the product, components, system, or method
25 not within the scope of the recommendation of acceptance.
26 4. Unsatisfactory performance when subjected to actual
27 conditions.
28 5. Appearance of intolerable effects such as, but not
29 limited to, toxicity when associated with other materials.
30 (b) Notification of revocation shall be provided to
31 all persons having received the recommendation of acceptance.
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1 Revocations based on subparagraph (a)1. or subparagraph (a)2.
2 may be considered for reinstatement if the original applicant
3 submits:
4 1. Revised drawings, calculations, test reports, or
5 other information to the satisfaction of the board.
6 2. Payment of a $50 review fee.
7 3. Payment of additional costs incurred by the board.
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9 Submittals for revisions shall bear the revised date and shall
10 be processed as a new application. Revised reports
11 recommended for approval shall be identified to indicate the
12 revised date; however, the submittal shall maintain the same
13 expiration date.
14 (8) RENEWAL.--One year from the date of acceptance and
15 every year thereafter, or upon the adoption of new codes,
16 amendments, revisions, or standards, the board shall ask the
17 original applicant whether he desires the evaluation and
18 compliance report to be renewed. Failure of the applicant to
19 respond within 30 days shall cause the report or approval to
20 be automatically canceled. An applicant desiring the report
21 or approval to be renewed shall submit a $200 fee. The
22 applicant shall also be responsible for any additional cost
23 incurred by the board prior to final action.
24 Section 2. If any provision of this act or the
25 application thereof to any person or circumstance is held
26 invalid, the invalidity shall not affect other provisions or
27 applications of the act which can be given effect without the
28 invalid provision or application, and to this end the
29 provisions of this act are declared severable.
30 Section 3. This act shall take effect upon becoming a
31 law.
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