Senate Bill sb0052Ce2

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    SB 52-C                                       Second 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;

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    SB 52-C                                       Second Engrossed



  1         providing for the application of the act;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Subsections (1), (5), (8), and (11) of

  7  section 553.415, Florida Statutes, are amended to read:

  8         553.415  Factory-built school buildings.--

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

10  alternative procedure for the construction and installation of

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

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

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

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

15  part, manufactured at an offsite facility in compliance with

16  the State Uniform Code for Public Educational Facilities and

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

18  After March January 1, 2002, the Uniform Code for Public

19  Educational Facilities shall be incorporated into the Florida

20  Building Code, including specific requirements for Public

21  Educational Facilities and the Department of Education rule,

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

23  section, factory-built school buildings include prefabricated

24  educational facilities, factory-built educational facilities,

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

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

27  used primarily as classrooms or the components of an entire

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

29  320.822-320.862.

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

31  and procedures adopted pursuant to this section and as such


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    SB 52-C                                       Second Engrossed



  1  standards and procedures may thereafter be modified, shall

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

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

  4  specifications, and methods of construction are in compliance

  5  with the State Uniform Building Code for Public Educational

  6  Facilities and department rule. After March January 1, 2002,

  7  the Uniform Code for Public Educational Facilities shall be

  8  incorporated into the Florida Building Code, including

  9  specific requirements for public educational facilities and

10  department rule.

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

12  Educational Facilities, and after March January 1, 2002, the

13  Florida Building Code, shall become effective 180 days after

14  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         (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 March January 1, 2002, the Florida

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

30  such labels.  Such labels, bearing the department's name and

31  state seal, shall at a minimum, contain:


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    SB 52-C                                       Second Engrossed



  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         Section 2.  Notwithstanding any other provision in

15  chapter 2001-186, Laws of Florida, the effective date of the

16  following sections of chapter 2001-186, Laws of Florida, is

17  changed to March 1, 2002: sections 25, 26, and 27.

18         Section 3.  Notwithstanding any other provision in

19  chapter 2001-186, Laws of Florida, the effective date of the

20  following sections of chapter 2000-141, Laws of Florida, as

21  amended by chapter 2001-186, Laws of Florida, is changed to

22  March 1, 2002: sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13,

23  14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30,

24  32, 36, 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70,

25  71, 72, 75, 79, 81, 84, 86, 87, 88, 91, 92, 93, 94, and 99.

26         Section 4.  Notwithstanding any other provision in

27  chapter 2001-186, Laws of Florida, the effective date of the

28  following sections of chapter 98-287, Laws of Florida, as

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

30  chapter 2001-186, Laws of Florida, is changed to March 1,

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    SB 52-C                                       Second Engrossed



  1  2002: sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21,

  2  24, 29, 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56.

  3         Section 5.  Notwithstanding any other provision in

  4  chapter 2001-186, Laws of Florida, the effective date of

  5  section 61 of chapter 98-419, Laws of Florida, as amended by

  6  chapter 2000-141, Laws of Florida, as amended by chapter

  7  2001-186, Laws of Florida, is changed to March 1, 2002.

  8         Section 6.  Section 135 of chapter 2000-141, Laws of

  9  Florida, as amended by section 37 of chapter 2001-186, Laws of

10  Florida, is amended to read:

11         Section 135.  Effective March January 1, 2002

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

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

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

15  Statutes, are repealed.

16         Section 7.  Subsection (2) of section 62 of chapter

17  98-287, Laws of Florida, as amended by section 107 of chapter

18  2000-141, Laws of Florida, as amended by section 38 of chapter

19  2001-186, Laws of Florida, is amended to read:

20         Section 62.

21         (2)  Effective March January 1, 2002, all existing

22  local technical amendments to any building code adopted by any

23  local government, except for local ordinances setting forth

24  administrative requirements which are not in conflict with the

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

26  readopt such amendments pursuant to s. 553.73, Florida

27  Statutes, provided such amendments comply with applicable

28  provisions of the Florida Building Code.

29         Section 8.  Section 68 of chapter 98-287, Laws of

30  Florida, as amended by section 108 of chapter 2000-141, Laws

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    SB 52-C                                       Second Engrossed



  1  of Florida, as amended by section 39 of chapter 2001-186, Laws

  2  of Florida, is amended to read:

  3         Section 68.  Effective March January 1, 2002, parts I,

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

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

  6  553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,

  7  553.16, 553.17, 553.18, 553.20, 553.21, 553.22, 553.23,

  8  553.24, 553.25, 553.26. 553.27, and 553.28, Florida Statutes,

  9  are repealed, section 553.141, Florida Statutes, is

10  transferred and renumbered as section 553.86, Florida

11  Statutes.

12         Section 9.  Subsection (1) of section 627.0629, Florida

13  Statutes, as amended by section 99 of chapter 2000-141, Laws

14  of Florida, as amended by section 42 of chapter 2001-186, Laws

15  of Florida, is amended to read:

16         627.0629  Residential property insurance; rate

17  filings.--

18         (1)  A rate filing for residential property insurance

19  must include actuarially reasonable discounts, credits, or

20  other rate differentials, or appropriate reductions in

21  deductibles, for properties on which fixtures or construction

22  techniques demonstrated to reduce the amount of loss in a

23  windstorm have been installed or implemented. The fixtures or

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

25  fixtures or construction techniques which enhance roof

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

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

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

29  other rate differentials for fixtures and construction

30  techniques which meet the minimum requirements of the Florida

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


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    SB 52-C                                       Second Engrossed



  1  insurance companies must make a rate filing which includes the

  2  credits, discounts, or other rate differentials by February

  3  28, 2003 December 31, 2002.

  4         Section 10.  Rule 9B-3.047, Florida Administrative

  5  Code, as it existed before November 28, 2000, is adopted and

  6  will remain in force until the effective date of the Florida

  7  Building Code as established in this act.

  8         Section 11.  Notwithstanding the effective date of

  9  section 25 of chapter 2001-186, Laws of Florida, any building

10  permit for which an application is submitted before the

11  effective date of the Florida Building Code is governed by the

12  state minimum building code in effect in the permitting

13  jurisdiction on the date of the application for the permitted

14  work for the life of the permit and any extension of time

15  granted thereto.

16         Section 12.  Local jurisdictions bisected or otherwise

17  divided by a line separating wind speed zones, as determined

18  by the American Society of Civil Engineers, Standard 7, 1998

19  edition as implemented by the International Building Code,

20  2000 edition, and as modified by the Florida Building

21  Commission in the Florida Building Code that becomes effective

22  pursuant to this act, must by January 1, 2002, enact an

23  ordinance specifying the exact location of wind speed lines,

24  using recognized physical landmarks such as major roads,

25  canals, rivers, and lake shores, wherever possible. For each

26  jurisdiction that has not adopted the required ordinance by

27  January 1, 2002, the Department of Community Affairs shall

28  adopt, by emergency rule under section 120.54(4), Florida

29  Statutes, a map delineating the wind speed lines of the

30  jurisdiction according to the parameters of this section. This

31  map shall govern the location of wind speed lines under the


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    SB 52-C                                       Second Engrossed



  1  Florida Building Code until 60 days after the effective date

  2  of the jurisdiction's ordinance.

  3         Section 13.  The Florida Building Commission is

  4  authorized to provide for uniform implementation of sections

  5  515.25, 515.27, and 515.29, Florida Statutes, by including

  6  standards and criteria in the Florida Building Code for

  7  residential swimming pool barriers, pool covers, latching

  8  devices, door and window exit alarms, and other equipment

  9  required in those sections which are consistent with the

10  intent of section 515.23, Florida Statutes. Notwithstanding

11  section 10, the residential swimming pool safety requirements

12  of the Florida Building Code, section 424.2, relating to

13  private swimming pools, of Rule 9B-3.047, Florida

14  Administrative Code, as adopted November 28, 2000, shall take

15  effect January 1, 2002.

16         Section 14.  Paragraph (e) of subsection (6) of section

17  468.609, Florida Statutes, is amended to read:

18         468.609  Administration of this part; standards for

19  certification; additional categories of certification.--

20         (6)

21         (e)  By March 1, 2003, or one year after the Florida

22  Building Code is implemented, whichever is later January 1,

23  2001, individuals who were employed by an educational board,

24  the Department of Education, or the State University System as

25  building code administrators, plans examiners, or inspectors,

26  who do not wish to apply are not eligible for a standard

27  certificate but who wish to continue in such employment, shall

28  submit to the board the appropriate application and

29  certification fees and shall receive a limited certificate

30  qualifying such individuals to engage in building code

31  administration, plans examination, or inspection in the class,


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    SB 52-C                                       Second Engrossed



  1  at the performance level, and within the governmental

  2  jurisdiction in which such person is employed.

  3         Section 15.  After January 1, 2002, design

  4  professionals who have been preparing construction documents

  5  in anticipation of the current Florida Law stipulating the

  6  implementation date of January 1, 2002, for the Florida

  7  Building Code, may at their option, have their projects

  8  governed by the Florida Building Code that would have been in

  9  effect in the permitting jurisdiction, after January 1, 2002.

10         Section 16.  This act shall take effect upon becoming a

11  law.

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