Senate Bill sb0052Ce1
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 A bill to be entitled
2 An act relating to the Florida Building Code;
3 amending s. 553.415, F.S.; delaying the date
4 for inclusion of the Uniform Code for Public
5 Education Facilities in the Florida Building
6 Code; providing an effective date for the
7 Florida Building Code; amending s. 135 of ch.
8 2000-141, Laws of Florida, and ss. 62(2) and 68
9 of ch. 98-287, Laws of Florida, as amended;
10 delaying the amendment, repeal, and transfer
11 and renumbering of specified sections of the
12 Florida Statutes; amending s. 627.0629, F.S.;
13 delaying a deadline by which insurance
14 companies are required to make certain rate
15 filings; providing for the adoption of an
16 administrative rule; providing for the
17 treatment of permit applications submitted
18 before the effective date of the code;
19 requiring local jurisdictions to enact
20 ordinances establishing wind speed lines;
21 requiring that the Department of Community
22 Affairs adopt an emergency rule under certain
23 circumstances; specifying the effective date of
24 the residential swimming pool safety
25 requirements of the Florida Building Code;
26 amending s. 468.609, F.S.; extending the
27 deadline to apply for a limited certificate as
28 a building code administrator, plans examiner,
29 or inspector; expanding the list of eligible
30 persons who may apply for the certificate;
31 providing an effective date.
1
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsections (1), (5), (8), and (11) of
4 section 553.415, Florida Statutes, are amended to read:
5 553.415 Factory-built school buildings.--
6 (1) It is the purpose of this section to provide an
7 alternative procedure for the construction and installation of
8 factory-built school buildings designed or intended for use as
9 school buildings. As used in this section, the term
10 "factory-built school building" means any building designed or
11 intended for use as a school building, which is in whole or in
12 part, manufactured at an offsite facility in compliance with
13 the State Uniform Code for Public Educational Facilities and
14 Department of Education rule, effective on January 5, 2000.
15 After March January 1, 2002, the Uniform Code for Public
16 Educational Facilities shall be incorporated into the Florida
17 Building Code, including specific requirements for Public
18 Educational Facilities and the Department of Education rule,
19 effective on January 5, 2000. For the purpose of this
20 section, factory-built school buildings include prefabricated
21 educational facilities, factory-built educational facilities,
22 and modular-built educational facilities, that are designed to
23 be portable, relocatable, demountable, or reconstructible; are
24 used primarily as classrooms or the components of an entire
25 school; and do not fall under the provisions of ss.
26 320.822-320.862.
27 (5) The department, in accordance with the standards
28 and procedures adopted pursuant to this section and as such
29 standards and procedures may thereafter be modified, shall
30 approve or reject such plans, specifications, and methods of
31 construction. Approval shall not be given unless such plans,
2
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 specifications, and methods of construction are in compliance
2 with the State Uniform Building Code for Public Educational
3 Facilities and department rule. After March January 1, 2002,
4 the Uniform Code for Public Educational Facilities shall be
5 incorporated into the Florida Building Code, including
6 specific requirements for public educational facilities and
7 department rule.
8 (8) Any amendment to the State Uniform Code for Public
9 Educational Facilities, and after March January 1, 2002, the
10 Florida Building Code, shall become effective 180 days after
11 the amendment is filed with the Secretary of State.
12 Notwithstanding the 180-day delayed effective date, the
13 manufacturer shall submit and obtain a revised approved plan
14 within the 180 days. A revised plan submitted pursuant to
15 this subsection shall be processed as a renewal or revision
16 with appropriate fees. A plan submitted after the period of
17 time provided shall be processed as a new application with
18 appropriate fees.
19 (11) The department shall develop a unique
20 identification label to be affixed to all newly constructed
21 factory-built school buildings and existing factory-built
22 school buildings which have been brought into compliance with
23 the standards for existing "satisfactory" buildings pursuant
24 to chapter 5 of the Uniform Code for Public Educational
25 Facilities, and after March January 1, 2002, the Florida
26 Building Code. The department may charge a fee for issuing
27 such labels. Such labels, bearing the department's name and
28 state seal, shall at a minimum, contain:
29 (a) The name of the manufacturer.
30 (b) The standard plan approval number or alteration
31 number.
3
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 (c) The date of manufacture or alteration.
2 (d) The serial or other identification number.
3 (e) The following designed-for loads: lbs. per square
4 foot live load; lbs. per square foot floor live load; lbs. per
5 square foot horizontal wind load; and lbs. per square foot
6 wind uplift load.
7 (f) The designed-for flood zone usage.
8 (g) The designed-for wind zone usage.
9 (h) The designed-for enhanced hurricane protection
10 zone usage: yes or no.
11 Section 2. Notwithstanding any other provision in
12 chapter 2001-186, Laws of Florida, the effective date of the
13 following sections of chapter 2001-186, Laws of Florida, is
14 changed to March 1, 2002: sections 25, 26, and 27.
15 Section 3. Notwithstanding any other provision in
16 chapter 2001-186, Laws of Florida, the effective date of the
17 following sections of chapter 2000-141, Laws of Florida, as
18 amended by chapter 2001-186, Laws of Florida, is changed to
19 March 1, 2002: sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13,
20 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30,
21 32, 36, 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70,
22 71, 72, 75, 79, 81, 84, 86, 87, 88, 91, 92, 93, 94, and 99.
23 Section 4. Notwithstanding any other provision in
24 chapter 2001-186, Laws of Florida, the effective date of the
25 following sections of chapter 98-287, Laws of Florida, as
26 amended by chapter 2000-141, Laws of Florida, as amended by
27 chapter 2001-186, Laws of Florida, is changed to March 1,
28 2002: sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21,
29 24, 29, 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56.
30 Section 5. Notwithstanding any other provision in
31 chapter 2001-186, Laws of Florida, the effective date of
4
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 section 61 of chapter 98-419, Laws of Florida, as amended by
2 chapter 2000-141, Laws of Florida, as amended by chapter
3 2001-186, Laws of Florida, is changed to March 1, 2002.
4 Section 6. Section 135 of chapter 2000-141, Laws of
5 Florida, as amended by section 37 of chapter 2001-186, Laws of
6 Florida, is amended to read:
7 Section 135. Effective March January 1, 2002
8 subsection (2) of section 255.21, Florida Statutes, paragraphs
9 (d) and (e) of subsection (1) of section 395.1055, Florida
10 Statutes, and subsection (11) of section 553.79, Florida
11 Statutes, are repealed.
12 Section 7. Subsection (2) of section 62 of chapter
13 98-287, Laws of Florida, as amended by section 107 of chapter
14 2000-141, Laws of Florida, as amended by section 38 of chapter
15 2001-186, Laws of Florida, is amended to read:
16 Section 62.
17 (2) Effective March January 1, 2002, all existing
18 local technical amendments to any building code adopted by any
19 local government, except for local ordinances setting forth
20 administrative requirements which are not in conflict with the
21 Florida Building Code, are repealed. Each local government may
22 readopt such amendments pursuant to s. 553.73, Florida
23 Statutes, provided such amendments comply with applicable
24 provisions of the Florida Building Code.
25 Section 8. Section 68 of chapter 98-287, Laws of
26 Florida, as amended by section 108 of chapter 2000-141, Laws
27 of Florida, as amended by section 39 of chapter 2001-186, Laws
28 of Florida, is amended to read:
29 Section 68. Effective March January 1, 2002, parts I,
30 II, and III of chapter 553, Florida Statutes, consisting of
31 sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05,
5
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,
2 553.16, 553.17, 553.18, 553.20, 553.21, 553.22, 553.23,
3 553.24, 553.25, 553.26. 553.27, and 553.28, Florida Statutes,
4 are repealed, section 553.141, Florida Statutes, is
5 transferred and renumbered as section 553.86, Florida
6 Statutes.
7 Section 9. Subsection (1) of section 627.0629, Florida
8 Statutes, as amended by section 99 of chapter 2000-141, Laws
9 of Florida, as amended by section 42 of chapter 2001-186, Laws
10 of Florida, is amended to read:
11 627.0629 Residential property insurance; rate
12 filings.--
13 (1) A rate filing for residential property insurance
14 must include actuarially reasonable discounts, credits, or
15 other rate differentials, or appropriate reductions in
16 deductibles, for properties on which fixtures or construction
17 techniques demonstrated to reduce the amount of loss in a
18 windstorm have been installed or implemented. The fixtures or
19 construction techniques shall include, but not be limited to,
20 fixtures or construction techniques which enhance roof
21 strength, roof covering performance, roof-to-wall strength,
22 wall-to-floor-to-foundation strength, opening protection, and
23 window, door, and skylight strength. Credits, discounts, or
24 other rate differentials for fixtures and construction
25 techniques which meet the minimum requirements of the Florida
26 Building Code must be included in the rate filing. All
27 insurance companies must make a rate filing which includes the
28 credits, discounts, or other rate differentials by February
29 28, 2003 December 31, 2002.
30 Section 10. Rule 9B-3.047, Florida Administrative
31 Code, as it existed before November 28, 2000, is adopted and
6
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 will remain in force until the effective date of the Florida
2 Building Code as established in this act.
3 Section 11. Notwithstanding the effective date of
4 section 25 of chapter 2001-186, Laws of Florida, any building
5 permit for which an application is submitted before the
6 effective date of the Florida Building Code is governed by the
7 state minimum building code in effect in the permitting
8 jurisdiction on the date of the application for the permitted
9 work for the life of the permit and any extension of time
10 granted thereto.
11 Section 12. Local jurisdictions bisected or otherwise
12 divided by a line separating wind speed zones, as determined
13 by the American Society of Civil Engineers, Standard 7, 1998
14 edition as implemented by the International Building Code,
15 2000 edition, and as modified by the Florida Building
16 Commission in the Florida Building Code that becomes effective
17 pursuant to this act, must by January 1, 2002, enact an
18 ordinance specifying the exact location of wind speed lines,
19 using recognized physical landmarks such as major roads,
20 canals, rivers, and lake shores, wherever possible. For each
21 jurisdiction that has not adopted the required ordinance by
22 January 1, 2002, the Department of Community Affairs shall
23 adopt, by emergency rule under section 120.54(4), Florida
24 Statutes, a map delineating the wind speed lines of the
25 jurisdiction according to the parameters of this section. This
26 map shall govern the location of wind speed lines under the
27 Florida Building Code until 60 days after the effective date
28 of the jurisdiction's ordinance.
29 Section 13. The Florida Building Commission is
30 authorized to provide for uniform implementation of sections
31 515.25, 515.27, and 515.29, Florida Statutes, by including
7
CODING: Words stricken are deletions; words underlined are additions.
SB 52-C First Engrossed
1 standards and criteria in the Florida Building Code for
2 residential swimming pool barriers, pool covers, latching
3 devices, door and window exit alarms, and other equipment
4 required in those sections which are consistent with the
5 intent of section 515.23, Florida Statutes. Notwithstanding
6 section 10, the residential swimming pool safety requirements
7 of the Florida Building Code, section 424.2, relating to
8 private swimming pools, of Rule 9B-3.047, Florida
9 Administrative Code, as adopted November 28, 2000, shall take
10 effect January 1, 2002.
11 Section 14. Paragraph (e) of subsection (6) of section
12 468.609, Florida Statutes, is amended to read:
13 468.609 Administration of this part; standards for
14 certification; additional categories of certification.--
15 (6)
16 (e) By March 1, 2003, or one year after the Florida
17 Building Code is implemented, whichever is later January 1,
18 2001, individuals who were employed by an educational board,
19 the Department of Education, or the State University System as
20 building code administrators, plans examiners, or inspectors,
21 who do not wish to apply are not eligible for a standard
22 certificate but who wish to continue in such employment, shall
23 submit to the board the appropriate application and
24 certification fees and shall receive a limited certificate
25 qualifying such individuals to engage in building code
26 administration, plans examination, or inspection in the class,
27 at the performance level, and within the governmental
28 jurisdiction in which such person is employed.
29 Section 15. This act shall take effect upon becoming a
30 law.
31
8
CODING: Words stricken are deletions; words underlined are additions.