CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 2078
Amendment No. ___ Barcode 483402
CHAMBER ACTION
Senate House
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11 Senator Constantine moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. (1) The Legislature directs the Florida
18 Building Commission to develop building code provisions that
19 may be added to the Florida Building Code to facilitate the
20 rehabilitation and use of existing structures. The commission
21 shall select from available national or international model
22 codes or the codes or code provisions adopted by another state
23 to form the foundation for the code provisions required by
24 this section.
25 (2) The commission shall seek consensus with
26 firesafety professionals, advocates for persons with
27 disabilities, representatives of the construction industry,
28 land-use planners, building officials, and others identified
29 by the commission as having an interest in building code
30 provisions. The commission may modify the selected model codes
31 and standards as needed to accommodate the specific needs of
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1 this state.
2 (3) In conjunction with its code development
3 activities, the commission shall identify legislative changes
4 required to implement the code provisions developed pursuant
5 to subsections (1) and (2).
6 (4) The commission shall report the activities
7 undertaken in response to the requirements of this section to
8 the Legislature on or before January 1, 2003, as a part of the
9 annual report required by s. 553.77(1)(b), Florida Statutes.
10 Recommended code provisions and the legislative changes
11 required for implementation shall be attached as appendices to
12 the annual report.
13 Section 2. Section 399.01, Florida Statutes, is
14 amended to read:
15 399.01 Definitions.--As used in this chapter, the
16 term:
17 (1) "Alteration" means any change or addition to the
18 vertical conveyance other than maintenance, repair, or
19 replacement.
20 (2) "Certificate of competency" means a document
21 issued by the division which evidences the competency of a
22 person to construct, install, inspect, maintain, or repair any
23 vertical conveyance.
24 (2)(3) "Certificate of operation" means a document
25 issued by the department which indicates that the conveyance
26 has had the required safety inspection and tests and that fees
27 have been paid as provided in this chapter.
28 (3)(4) "Conveyance" means an elevator, dumbwaiter,
29 escalator, moving sidewalk, platform lift, or and stairway
30 chairlift.
31 (4)(5) "Department" means the Department of Business
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1 and Professional Regulation.
2 (5)(6) "Division" means the Division of Hotels and
3 Restaurants of the Department of Business and Professional
4 Regulation.
5 (6)(7) "Elevator" means one of the following
6 mechanical devices:
7 (a) A hoisting and lowering mechanism, equipped with a
8 car and platform that moves in guide rails and serves two or
9 more landings to transport material or passengers or both.
10 (b) An escalator, which is a power-driven, inclined
11 continuous stairway used for raising or lowering passengers.
12 (c) A dumbwaiter, which is a hoisting and lowering
13 mechanism equipped with a car of limited size which moves in
14 guide rails and serves two or more landings.
15 (d) A moving walk, which is a type of
16 passenger-carrying device on which passengers stand or walk
17 and in which the passenger-carrying surface remains parallel
18 to its direction of motion and is uninterrupted.
19 (e) An inclined stairway chairlift, which is a device
20 used to transport physically handicapped persons over
21 architectural barriers.
22 (f) An inclined or vertical wheelchair lift, which is
23 a device used to transport wheelchair handicapped persons over
24 architectural barriers.
25 (8) "Escalator" means an installation defined as an
26 escalator in the Florida Building Code.
27 (7)(9) "Existing installation" means an installation
28 defined as an "installation, existing" in the Florida Building
29 Code.
30 (8)(10) "Elevator Safety Technical Advisory Committee"
31 means the committee appointed by the secretary of the
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1 Department of Business and Professional Regulation.
2 (9)(11) "Private residence" means a separate dwelling
3 or a separate apartment in a multiple dwelling which is
4 occupied by members of a single-family unit.
5 (10)(12) "Service maintenance contract" means a
6 contract that provides for routine examination, lubrication,
7 cleaning, adjustment, replacement of parts, and performance of
8 applicable code-required safety tests such as on a traction
9 elevator and annual relief pressure test on a hydraulic
10 elevator and any other service, repair, and maintenance
11 sufficient to ensure the safe operation of the elevator. A
12 service maintenance contract shall be made available upon
13 request of the department for purposes of oversight and
14 monitoring.
15 (11)(13) "Temporarily dormant conveyance" means a
16 conveyance whose power supply has been disconnected by
17 removing fuses and placing a padlock on the mainline
18 disconnect switch in the "OFF" position. The car is parked,
19 and the hoistway doors are in the closed and latched position.
20 A wire seal is installed on the mainline disconnect switch by
21 a certified certificate of competency elevator inspector. This
22 conveyance installation may not be used again until it has
23 been put in safe running order and is in condition for use.
24 Annual inspections shall continue for the duration of the
25 temporarily dormant status by a certified certificate of
26 competency elevator inspector. The temporarily dormant status
27 is renewable on an annual basis and may not exceed a 5-year
28 period. The inspector shall file a report with the department
29 chief elevator inspector describing the current conditions.
30 The wire seal and padlock may not be removed for any purpose
31 without permission from the department elevator inspector.
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1 (12)(14) "Temporary operation inspection permit" means
2 an inspection performed by a certified elevator inspector, the
3 successful passage of a document issued by the department
4 which permits the temporary use of a noncompliant vertical
5 conveyance as provided by rule.
6 (13)(15) "Registered elevator company" means an entity
7 registered with and authorized by the division employing
8 persons to construct, install, inspect, maintain, or repair
9 any vertical conveyance. Each registered elevator company must
10 annually register with the division and maintain general
11 liability insurance coverage in the minimum amounts set by
12 rule the division.
13 (14)(16) "Certified elevator inspector" is a natural
14 person registered with and authorized by the division to
15 construct, install, inspect, maintain, or repair any vertical
16 conveyance, after having properly acquired the qualified
17 elevator inspector credential as prescribed by the American
18 Society of Mechanical Engineers. Each certified elevator
19 inspector must annually register with the division and provide
20 from the National Association of Elevator Safety Authorities.
21 Such person shall remain so authorized by the division only
22 upon providing annual proof of completion of 8 hours of
23 continuing education, proof that and the qualified elevator
24 inspector credential remains in good standing, and proof of
25 with the National Association of Elevator Safety Authorities.
26 A licensed mechanical engineer whose license is in good
27 standing may be authorized as a certified elevator inspector
28 by the division. Each certified elevator inspector must
29 annually register with the division and maintain general
30 liability insurance coverage in the minimum amounts set by the
31 division.
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1 (15)(17) "Certified elevator technician" means a
2 natural person authorized by the division to construct,
3 install, maintain, or repair any vertical conveyance, after
4 having been issued an elevator certificate of competency by
5 the division. Each certified elevator technician must annually
6 register with the division and be covered by maintain general
7 liability insurance coverage in the minimum amounts set by the
8 division.
9 (16)(18) "Elevator helper" means a natural person
10 performing work under the direct supervision of an elevator
11 certificate of competency holder a certified elevator
12 inspector or an elevator technician to construct, install,
13 maintain, or repair any vertical conveyance.
14 (17)(19) "Elevator certificate of competency" means a
15 credential issued by the division to any individual natural
16 person successfully completing an examination as prescribed by
17 rule and paying a nonrefundable fee of $50. Such credential
18 shall be valid for and expire at the end of 1 year, and may be
19 renewed by the division when the division receives proof of
20 the elevator certificate of competency holder's completion of
21 8 hours of continuing education from a provider approved by
22 the department and a nonrefundable renewal fee of $50. The
23 department shall adopt by rule criteria for providing approval
24 and procedures for continuing education reporting.
25 (a) An elevator certificate of competency may be
26 issued only if the applicant meets the following requirements:
27 1. Four years' work experience in the construction,
28 maintenance, service, and repair of conveyances covered by
29 this chapter. This experience shall be verified by current or
30 previously registered elevator companies as required by the
31 division.
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1 2. One of the following:
2 a. Proof of completion and successful passage of a
3 written examination administered by the division or a provider
4 approved by the division under standards it adopted by rule.
5 b. Proof of completion of an apprenticeship program
6 for elevator mechanics which has standards substantially
7 equivalent to those found in a national training program for
8 elevator mechanics and is registered with the Bureau of
9 Apprenticeship and Training of the United States Department of
10 Labor or a state apprenticeship authority.
11 c. Proof of licensure or certification by a state or
12 local jurisdiction in the United States having standards
13 substantially equal to or more stringent than those of this
14 chapter.
15 (b) A licensed mechanical engineer whose license is in
16 good standing may be granted an elevator certificate of
17 competency.
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19 All other building transportation terms are defined in the
20 current Florida Building Code.
21 Section 3. Subsections (1) and (5) of section 399.02,
22 Florida Statutes, are amended to read:
23 399.02 General requirements.--
24 (1) The Elevator Safety Technical Advisory Committee
25 shall develop and submit to the Director of Hotels and
26 Restaurants proposed regarding revisions to the elevator
27 safety code so that it is the same as or similar to the latest
28 editions versions of ASME A17.1, ASME A17.3, and ASME A18.1.
29 (5)(a) The construction permitholder is responsible
30 for the correction of violations and deficiencies until the
31 elevator has been inspected and a certificate of operation has
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1 been issued by the department. The construction permitholder
2 is responsible for all tests of new and altered equipment
3 until the elevator has been inspected and a certificate of
4 operation has been issued by the department.
5 (b) The elevator owner is responsible for the safe
6 operation, and proper maintenance, and inspection and
7 correction of code deficiencies of the elevator after it has
8 been inspected and a certificate of operation has been issued
9 by the department. The responsibilities of the elevator owner
10 may be assigned by lease.
11 (c) The elevator owner shall report to the department
12 60 days before the expiration of the certificate of operation
13 whether there exists a service maintenance contract, with whom
14 the contract exists, and the details concerning the provisions
15 and implementation of the contract which the department
16 requires. The department shall keep the names of companies
17 with whom the contract exists confidential pursuant to the
18 public records exemption provided in s. 119.14(4)(b)3. This
19 annual contract report must be made on forms supplied by the
20 department. The elevator owner must report any material
21 change in the service maintenance contract no fewer than 30
22 days before the effective date of the change. The department
23 shall determine whether the provisions of the service
24 maintenance contract and its implementation ensure the safe
25 operation of the elevator.
26 Section 4. Section 399.03, Florida Statutes, is
27 amended to read:
28 399.03 Design, installation, and alteration of
29 conveyances.--
30 (1) A conveyance covered by this chapter may not be
31 erected, constructed, installed, or altered within buildings
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1 or structures until unless a permit has been obtained from the
2 department before the work is commenced. Permits must be
3 applied for by a registered elevator company and may only be
4 granted upon receipt and approval of an application to be made
5 on a form prescribed by the department, accompanied by proper
6 fees and a sworn statement from an agent of the registered
7 elevator company that the plans meet all applicable elevator
8 safety and building codes. Permits may be granted only to
9 registered elevator companies in good standing. When any
10 material alteration is made, the alteration device must
11 conform to applicable requirements of the Florida Building
12 Code and the provisions of this chapter for the alteration. A
13 permit required hereunder may not be issued except to a
14 person, firm, or corporation holding a current elevator
15 contractor's license issued under this chapter. A copy of the
16 permit and plans must be kept at the construction site at all
17 times while the work is in progress and until a certificate of
18 operation is issued.
19 (2) The department shall provide by rule for permit
20 application requirements and permit fees.
21 (3) Permits may be revoked for the following reasons:
22 (a) There are any false statements or
23 misrepresentations as to the material facts in the
24 application, plans, or specifications on which the permit was
25 based.
26 (b) The permit was issued in error and not in
27 accordance with the code or rules.
28 (c) The work detailed under the permit is not being
29 performed in accordance with the provisions of the
30 application, plans, or specifications or with the code or
31 conditions of the permit.
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1 (d) The construction permitholder to whom the permit
2 was issued fails or refuses to comply with a stop-work order.
3 (4) A permit expires if:
4 (a) The work authorized by the permit is not commenced
5 within 6 months after the date of issuance, or within a
6 shorter period of time as the department may specify at the
7 time the permit is issued.
8 (b) The work is suspended or abandoned for a period of
9 60 days, or such shorter period of time as the department may
10 specify at the time the permit is issued, after the work has
11 been started. For good cause, the department may allow a
12 discretionary extension for the foregoing period.
13 (5) All new conveyance installations must be performed
14 by a registered elevator company person to whom a license to
15 install or service a conveyance has been issued. Subsequent to
16 installation, the licensed person, firm, or company must
17 certify compliance with the applicable sections of this
18 chapter and the Florida Building Code. Before any vertical
19 conveyance is used, except those in a private residence, it
20 must be inspected by a certified elevator licensed inspector
21 not employed, or associated, or having a conflict of interest
22 with the elevator construction permitholder or elevator owner
23 and certified as meeting the safety provisions of the Florida
24 Building Code, including the performance of all required
25 safety tests. The certified elevator inspector shall provide
26 the original copy of the inspection report to the department
27 within 5 days after the inspection. A certificate of operation
28 may not be issued until the permitholder provides an affidavit
29 signed by the construction supervisor attesting that the
30 supervisor directly supervised the construction or
31 installation of the elevator. Upon successful inspection, the
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1 owner or lessee must apply to the department for a certificate
2 of operation from the department. A fee as prescribed in this
3 chapter must be paid for the certificate of operation. It is
4 the responsibility of the licensed elevator construction
5 permitholder to complete and submit a first-time registration
6 for a new installation. Vertical conveyances, including
7 stairway chairlifts, and inclined or vertical wheelchair lifts
8 located in private residences are not required to obtain a
9 certificate of operation under this chapter.
10 (6) A certificate of operation expires July 31 of each
11 year and must be renewed prior to continued use of the
12 conveyance. A certificate of operation must be clearly
13 displayed on or in each conveyance or in the machine room for
14 use by and for the benefit of inspectors and code enforcement
15 personnel. Certificates of operation may only be renewed for
16 vertical conveyances having a current satisfactory inspection.
17 (6)(7) At the department's request, and to facilitate
18 oversight and monitoring, the permitholder shall notify the
19 department of the scheduled final inspection date and time for
20 purposes of acquiring a certificate of inspection, in writing,
21 at least 7 days before completion of the work and shall, in
22 the presence of a licensed elevator inspector not associated
23 with or employed by the installing company or contractor,
24 subject the newly installed, relocated, or altered portions of
25 the elevator to tests required to show that the elevator meets
26 the applicable provisions of the Florida Building Code.
27 (7)(8) Each elevator shall comply with the edition of
28 the Florida Building Code or Elevator Safety Code that was in
29 effect at the time of receipt of application for the
30 construction permit for the elevator.
31 (8)(9) Each alteration to, or relocation of, an
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1 elevator shall comply with the edition of the Florida Building
2 Code or Elevator Safety Code that was in effect at the time of
3 receipt of the application for the construction permit for the
4 alteration or relocation.
5 (9)(10) When any change is made in the classification
6 of an elevator, the elevator shall comply with all of the
7 requirements of the version of the Florida Building Code or
8 Elevator Safety Code that were in effect at the time of
9 receipt of the application for the construction permit for the
10 change in classification.
11 (10)(a) The temporary use of an elevator during
12 installation or alteration is authorized for a period of 30
13 days after the completion of a satisfactory temporary
14 operation inspection. An additional 30-day period of temporary
15 use is authorized from the date of completion of each
16 additional satisfactory temporary operation inspection. A
17 satisfactory temporary operation inspection must satisfy the
18 following criteria: the elevator is tested under contract
19 load; the hoistway is fully enclosed; the hoistway doors and
20 interlocks are installed; the car is completely enclosed,
21 including door or gate and top; all electrical safety devices
22 are installed and properly functioning; and terminal stopping
23 equipment is in place for a safe runby and proper clearance.
24 When a car is provided with a temporary enclosure, the
25 operating means must be by constant pressure push-button or
26 lever-type switch. The car may not exceed the minimum safe
27 operating speed of the elevator, and the governor tripping
28 speed must be set in accordance with the operating speed of
29 the elevator.
30 (b) Temporary use is authorized only when a
31 satisfactory temporary operation inspection report, completed
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1 within the last 30 days by a certified elevator inspector, and
2 a notice prescribed by the department, bearing a statement
3 that the elevator has not been finally approved by a certified
4 elevator inspector, are conspicuously posted in the elevator.
5 Section 5. Section 399.049, Florida Statutes, is
6 amended to read:
7 399.049 Disciplinary action Certificate of
8 competency.--
9 (1) SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE
10 OF COMPETENCY.--The department may suspend or revoke an
11 elevator inspector certification, an elevator company
12 registration, an elevator a license or certificate of
13 competency, or an elevator certificate of operation issued
14 under this chapter or impose an administrative penalty of up
15 to $1,000 per violation upon any registered elevator company
16 licensee or certificateholder who commits any one or more of
17 the following violations:
18 (a) Any false statement as to a material matter in an
19 the application for registration, certification, or any permit
20 or certificate issued under this chapter.
21 (b) Fraud, misrepresentation, or bribery in the
22 practice of the profession securing a license or certificate
23 of competency.
24 (c) Failure by a certified elevator inspector to
25 provide to notify the department and the certificate of
26 operation holder with a copy of the inspection report within 5
27 days after the date of any inspection performed after the
28 initial certificate of operation is issued of a conveyance
29 covered by this chapter that is not in compliance with the
30 provisions of the elevator safety code incorporated into the
31 Florida Building Code.
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1 (d) Violation of any provision of this chapter.
2 (2) DISCIPLINARY ACTION.--Any disciplinary action
3 taken under this chapter must comply with chapter 120 and any
4 rules adopted thereunder.
5 Section 6. Section 399.061, Florida Statutes, is
6 amended to read:
7 399.061 Inspections; service maintenance contracts;
8 correction of deficiencies.--
9 (1)(a) All elevators or other conveyances subject to
10 this chapter must be annually inspected by a certified
11 elevator inspector through a third-party inspection service,
12 or by a municipality or county under contract with the
13 division, pursuant to s. 399.13. If the elevator or other
14 conveyance is maintained pursuant to a service maintenance
15 contract continuously in force, it shall be inspected at least
16 once every 2 years by a certified elevator inspector who is
17 not employed by or otherwise associated with the maintenance
18 company; however, if the elevator is not an escalator or a
19 dumbwaiter, serves only two adjacent floors, and is covered by
20 a service maintenance contract, an inspection is not required
21 so long as the service contract remains in effect. A statement
22 verifying the existence, performance, and cancellation of each
23 service maintenance contract must be filed annually with the
24 division as prescribed by rule.
25 (b) A statement verifying the existence and
26 performance of each service maintenance contract must be filed
27 at least annually with the division and as prescribed by rule.
28 Cancellation of a service maintenance contract must be
29 reported to the division as prescribed by rule. The division
30 may inspect an elevator whenever necessary to ensure its safe
31 operation or when a third-party inspection service is not
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1 available for a routine inspection.
2 (2) The division may employ state elevator inspectors
3 to inspect an elevator whenever necessary to ensure its safe
4 operation. The division may also employ state elevator
5 inspectors to conduct any the inspections as required by this
6 chapter subsection (1) and may charge a an inspection fee for
7 each inspection in an amount sufficient to cover the costs of
8 that inspection, as provided by rule, when a private certified
9 elevator inspector is not available. Each state elevator
10 inspector shall be properly qualified as a certified elevator
11 inspector hold a certificate of competency issued by the
12 division.
13 (3) Whenever the division determines from the results
14 of any inspection that, in the interest of the public safety,
15 an elevator is in an unsafe condition, the division may seal
16 the elevator or order the discontinuance of the use of the
17 elevator until the division determines by inspection that such
18 elevator has been satisfactorily repaired or replaced so that
19 the elevator may be operated in a safe manner.
20 (4) When the division determines that an elevator is
21 in violation of this chapter or the Florida Building Code, the
22 division may issue an order to the elevator owner requiring
23 correction of the violation and reinspection of the elevator
24 evidencing the correction.
25 Section 7. Section 399.07, Florida Statutes, is
26 amended to read:
27 399.07 Certificates of operation; temporary operation
28 permits; fees.--
29 (1)(a) A certificate of operation may not be issued
30 until the elevator company supervisor signs an affidavit
31 stating that the elevator company supervisor directly
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1 supervised construction or installation of the elevator.
2 (1)(b) The certificate of operation is valid for a
3 period not to exceed 2 years and shall expire at the end of
4 the period of 1 year unless sooner suspended or revoked. The
5 department may adopt rules establishing a procedure for
6 certificate renewal. Certificates of operation may be renewed
7 only for vertical conveyances having a current satisfactory
8 inspection. The owner of an elevator operating with an expired
9 certificate of operation is in violation of this chapter.
10 Certificate of operation renewal applications received by the
11 department after the date of expiration of the last current
12 certificate must be accompanied by a late fee of $50 in
13 addition to the renewal fee and any other fees required by
14 law. The department shall adopt by rule a fee schedule for the
15 renewal of certificates of operation. The fees must be
16 deposited into the Hotel and Restaurant Trust Fund. The
17 department shall by rule adopt a fee schedule for the renewal
18 of certificates of operation. The renewal period commences on
19 August 1 of each year.
20 (2)(c) The certificate of operation must be posted in
21 a conspicuous location on the elevator and must be framed with
22 a transparent cover.
23 (d) The department shall charge an annual fee for
24 issuance of a certificate of operation in an amount to be set
25 by rule. However, a renewal application for a certificate of
26 operation filed with the department after expiration date of
27 the certificate must be accompanied by a delinquency fee of
28 $50 in addition to the annual renewal fee and any other fees
29 required by law. The fees must be deposited into the Hotel and
30 Restaurant Trust Fund.
31 (2)(a) The department may issue a temporary operation
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1 permit authorizing the temporary use of an elevator during
2 installation or alteration to an elevator company or general
3 contractor acting as a general agent of an elevator company. A
4 temporary operation permit may not be issued until the
5 elevator has been inspected by a state elevator inspector and
6 tested under contract load; the hoistway is fully enclosed;
7 the hoistway doors and interlocks are installed; the car is
8 completely enclosed, including door or gate and top; all
9 electrical safety devices are installed and properly
10 functioning; and terminal stopping equipment is in place for a
11 safe runby and proper clearance. When a car is provided with a
12 temporary enclosure, the operating means must be by constant
13 pressure push-button or lever-type switch. The car may not
14 exceed the minimum safe operating speed of the elevator, and
15 the governor tripping speed must be set in accordance with the
16 operating speed of the elevator.
17 (b) A temporary operation permit must be issued for a
18 period not to exceed 30 days. The permit may be renewed at
19 the discretion of the department.
20 (c) When a temporary operation permit is issued, the
21 permit, together with a notice bearing a statement that the
22 elevator has not been finally approved by a state elevator
23 inspector, must be conspicuously posted in the elevator.
24 (d) The department shall charge a fee, set by rule in
25 an amount not greater than $100, for each temporary operation
26 permit. The fee must be deposited in the Hotel and Restaurant
27 Trust Fund.
28 (3) The certificate of operation shall contain the
29 text of s. 823.12, relating to the prohibition against smoking
30 in elevators.
31 (4) In addition to subsection (3), the designation "NO
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1 SMOKING" along with the international symbol for no smoking
2 shall be conspicuously displayed within the interior of the
3 elevator in the plain view of the public.
4 (5) Except for as authorized by a temporary use
5 authorized by this chapter operation permit, the operation or
6 use of any newly installed, relocated, or altered elevator is
7 prohibited until the elevator has passed the tests and
8 inspections required by this chapter and a certificate of
9 operation has been issued.
10 (6) The department may suspend any certificate of
11 operation if it finds that the elevator is not in compliance
12 with this chapter or of rules adopted under this chapter. The
13 suspension remains in effect until the department receives
14 satisfactory results of an inspection performed by a certified
15 elevator inspector indicating determines, by inspection, that
16 the elevator has been brought into compliance.
17 Section 8. Section 399.105, Florida Statutes, is
18 amended to read:
19 399.105 Administrative fines.--
20 (1) Any person who fails to comply with the reporting
21 requirements of this chapter s. 399.02 or with the reasonable
22 requests of the department to determine whether the provisions
23 of a service maintenance contract and its implementation
24 ensure assure safe elevator operation is subject to an
25 administrative fine not greater than $1,000 in addition to any
26 other penalty provided by law.
27 (2) Any person who commences the operation,
28 installation, relocation, or alteration of any elevator for
29 which a permit or certificate is required by this chapter
30 without having obtained from the department the permit or
31 certificate is subject to an administrative fine not greater
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1 than $1,000 in addition to any other penalty provided by law.
2 No fine may be imposed under this subsection for commencing
3 installation without a construction permit if such permit is
4 issued within 60 days after the actual commencement of
5 installation.
6 (3) An elevator owner who continues to operate an
7 elevator after notice to discontinue its use or after it has
8 been sealed by the department is subject to an administrative
9 fine not greater than $1,000 for each day the elevator has
10 been operated after the service of the notice or sealing by
11 the department, in addition to any other penalty provided by
12 law.
13 (4) An elevator owner who fails to comply with an
14 order to correct issued under s. 399.061(4) within 30 60 days
15 after its issuance is subject, in addition to any other
16 penalty provided by law, to an administrative fine set by the
17 department in an amount not to exceed $1,000.
18 (5) All administrative fines collected shall be
19 deposited into the Hotel and Restaurant Trust Fund.
20 Section 9. Subsection (2) of section 399.106, Florida
21 Statutes, is amended to read:
22 399.106 Elevator Safety Technical Advisory
23 Committee.--
24 (2) The committee members shall serve staggered terms
25 of 4 years to be set by rule without salary, but may receive
26 from the state expenses for per diem and travel. The committee
27 commission shall appoint one of the members to serve as chair.
28 Section 10. Section 399.125, Florida Statutes, is
29 amended to read:
30 399.125 Reporting of elevator accidents or incidents;
31 penalties.--Within 5 working days after any accident or
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1 incident occurring in or upon any elevator, the certificate of
2 operation holder shall report the accident or incident to the
3 division on a form prescribed by the division. Failure to
4 timely file this report is a violation of this chapter and
5 will subject the certificate of operation holder to an
6 administrative fine, to be imposed by the division, in an
7 amount not to exceed $1,000.
8 Section 11. Section 399.13, Florida Statutes, is
9 amended to read:
10 399.13 Delegation of authority to municipalities or
11 counties.--
12 (1) The department may enter into contracts with
13 municipalities or counties under which such municipalities or
14 counties will issue construction permits, temporary operation
15 permits, and certificates of operation; will provide for
16 inspection of elevators, including temporary operation
17 inspections; and will enforce the applicable provisions of the
18 Florida Building Code, as required by this chapter. The
19 municipality or county may choose to require inspections to be
20 performed by its own inspectors or by private certified
21 elevator inspectors. Each such agreement shall include a
22 provision that the municipality or county shall maintain for
23 inspection by the department copies of all applications for
24 permits issued, a copy of each inspection report issued, and
25 proper records showing the number of certificates of operation
26 issued; shall include a provision that each required
27 inspection be conducted by a certified elevator inspector the
28 holder of a certificate of competency issued by the
29 department; and may include such other provisions as the
30 department deems necessary.
31 (2) The department may make inspections of elevators
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1 in such municipality or county for the purpose of determining
2 that the provisions of this chapter are being met and may
3 cancel the contract with any municipality or county which the
4 department finds has failed to comply with such contract or
5 the provisions of this chapter. The amendments to chapter 399
6 by this act shall apply only to the installation, relocation,
7 or alteration of an elevator for which a permit has been
8 issued after October 1, 1990.
9 Section 12. Subsection (1) of section 553.512, Florida
10 Statutes, is amended to read:
11 553.512 Modifications and waivers; advisory council.--
12 (1) The Florida Building Commission shall provide by
13 regulation criteria for granting individual modifications of,
14 or exceptions from, the literal requirements of this part upon
15 a determination of unnecessary, unreasonable, or extreme
16 hardship, provided such waivers shall not violate federal
17 accessibility laws and regulations and shall be reviewed by
18 the Accessibility Advisory Council. Notwithstanding any other
19 provision of this subsection, if an applicant for a waiver
20 demonstrates economic hardship in accordance with 28 C.F.R.
21 36.403(f)(1), a waiver shall be granted. The commission may
22 not consider waiving any of the requirements of s. 553.5041
23 unless the applicant first demonstrates that she or he has
24 applied for and been denied waiver or variance from all local
25 government zoning, subdivision regulations, or other
26 ordinances that prevent compliance therewith. Further, the
27 commission may not waive the requirement of s. 553.5041(5)(a)
28 and (c)1. governing the minimum width of accessible routes and
29 minimum width of accessible parking spaces.
30 Section 13. Paragraph (b) of subsection (4) and
31 paragraph (e) of subsection (8) of section 553.73, Florida
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1 Statutes, as amended by section 2 of chapter 2001-372, Laws of
2 Florida, is amended to read:
3 553.73 Florida Building Code.--
4 (4)
5 (b) Local governments may, subject to the limitations
6 of this section, adopt amendments to the technical provisions
7 of the Florida Building Code which apply solely within the
8 jurisdiction of such government and which provide for more
9 stringent requirements than those specified in the Florida
10 Building Code, not more than once every 6 months. A local
11 government may adopt technical amendments that address local
12 needs if, provided:
13 1. The local governing body determines, following a
14 public hearing which has been advertised in a newspaper of
15 general circulation at least 10 days before the hearing, that
16 there is a need to strengthen the requirements of the Florida
17 Building Code. The determination must be based upon a review
18 of local conditions by the local governing body, which review
19 demonstrates by evidence or data that the geographical
20 jurisdiction governed by the local governing body exhibits a
21 local need to strengthen the Florida Building Code beyond the
22 needs or regional variation addressed by the Florida Building
23 Code, that the local need is addressed by the proposed local
24 amendment, and that the amendment is no more stringent than
25 necessary to address the local need that local conditions
26 justify more stringent requirements than those specified in
27 the Florida Building Code for the protection of life and
28 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. Local technical amendments shall not become
11 effective until 30 days after the amendment has been received
12 and published by the commission.
13 6. Any amendment to the Florida Building Code adopted
14 by a local government pursuant to this paragraph shall be
15 effective only until the adoption by the commission of the new
16 edition of the Florida Building Code every third year. At such
17 time, the commission shall review such amendment for
18 consistency with the criteria in paragraph (6)(a) and adopt
19 such amendment as part of the Florida Building Code or rescind
20 the amendment. The commission shall immediately notify the
21 respective local government of the rescission of any
22 amendment. After receiving such notice, the respective local
23 government may readopt the rescinded amendment pursuant to the
24 provisions of this paragraph.
25 7. Each county and municipality desiring to make local
26 technical amendments to the Florida Building Code shall by
27 interlocal agreement establish a countywide compliance review
28 board to review any amendment to the Florida Building Code,
29 adopted by a local government within the county pursuant to
30 this paragraph, that is challenged by any substantially
31 affected party for purposes of determining the amendment's
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1 compliance with this paragraph. If challenged, the local
2 technical amendments shall not become effective until time for
3 filing an appeal pursuant to subparagraph 8 has expired or, if
4 there is an appeal, until the commission issues its final
5 order determining the adopted amendment is in compliance with
6 this subsection.
7 8. If the compliance review board determines such
8 amendment is not in compliance with this paragraph, the
9 compliance review board shall notify such local government of
10 the noncompliance and that the amendment is invalid and
11 unenforceable until the local government corrects the
12 amendment to bring it into compliance. The local government
13 may appeal the decision of the compliance review board to the
14 commission, which shall conduct a hearing under chapter 120
15 and the uniform rules of procedure. If the compliance review
16 board determines such amendment to be in compliance with this
17 paragraph, any substantially affected party may appeal such
18 determination to the commission, which shall conduct a hearing
19 under chapter 120 and the uniform rules of procedure. Any such
20 appeal shall be filed with the commission within 14 days of
21 the board's written determination. The commission shall
22 promptly refer the appeal to the Division of Administrative
23 Hearings for the assignment of an administrative law judge.
24 The administrative law judge shall conduct the required
25 hearing within 30 days, and shall enter a recommended order
26 within 30 days of the conclusion of such hearing. The
27 commission shall enter a final order within 30 days
28 thereafter. The provisions of chapter 120 and the uniform
29 rules of procedure shall apply to such proceedings. The local
30 government adopting the amendment that is subject to challenge
31 has the burden of proving that the amendment complies with
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1 this paragraph in proceedings before the compliance review
2 board and the commission, as applicable. Actions of the
3 commission are subject to judicial review pursuant to s.
4 120.68. The compliance review board shall determine whether
5 its decisions apply to a respective local jurisdiction or
6 apply countywide.
7 9.8. An amendment adopted under this paragraph shall
8 include a fiscal impact statement which documents the costs
9 and benefits of the proposed amendment. Criteria for the
10 fiscal impact statement shall include the impact to local
11 government relative to enforcement, the impact to property and
12 building owners, as well as to industry, relative to the cost
13 of compliance. The fiscal impact statement may not be used as
14 a basis for challenging the amendment for compliance.
15 10.9. In addition to subparagraphs 7. and 9. 8., the
16 commission may review any amendments adopted pursuant to this
17 subsection and make nonbinding recommendations related to
18 compliance of such amendments with this subsection.
19 (8) The following buildings, structures, and
20 facilities are exempt from the Florida Building Code as
21 provided by law, and any further exemptions shall be as
22 determined by the Legislature and provided by law:
23 (e) Mobile or modular structures homes used as
24 temporary offices, except that the provisions of part V
25 relating to accessibility by persons with disabilities shall
26 apply to such mobile or modular structures homes.
27
28 With the exception of paragraphs (a), (b), (c), and (f), in
29 order to preserve the health, safety, and welfare of the
30 public, the Florida Building Commission may, by rule adopted
31 pursuant to chapter 120, provide for exceptions to the broad
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1 categories of buildings exempted in this section, including
2 exceptions for application of specific sections of the code or
3 standards adopted therein. The Department of Agriculture and
4 Consumer Services shall have exclusive authority to adopt by
5 rule, pursuant to chapter 120, exceptions to nonresidential
6 farm buildings exempted in paragraph (c) when reasonably
7 necessary to preserve public health, safety, and welfare. The
8 exceptions must be based upon specific criteria, such as
9 under-roof floor area, aggregate electrical service capacity,
10 HVAC system capacity, or other building requirements. Further,
11 the commission may recommend to the Legislature additional
12 categories of buildings, structures, or facilities which
13 should be exempted from the Florida Building Code, to be
14 provided by law.
15 Section 14. Effective October 1, 2003, subsection (1)
16 of section 553.74, Florida Statutes, is amended to read:
17 553.74 Florida Building Commission.--
18 (1) The Florida Building Commission is created and
19 shall be located within the Department of Community Affairs
20 for administrative purposes. Members shall be appointed by the
21 Governor subject to confirmation by the Senate. The commission
22 shall be composed of 23 members, consisting of the following:
23 (a) One architect registered to practice in this state
24 and actively engaged in the profession.
25 (b) One structural engineer registered to practice in
26 this state and actively engaged in the profession.
27 (c) One air-conditioning or mechanical contractor
28 certified to do business in this state and actively engaged in
29 the profession.
30 (d) One electrical contractor certified to do business
31 in this state and actively engaged in the profession.
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1 (e) One member from fire protection engineering or
2 technology who is actively engaged in the profession.
3 (f) One general contractor certified to do business in
4 this state and actively engaged in the profession.
5 (g) One plumbing contractor licensed to do business in
6 this state and actively engaged in the profession.
7 (h) One roofing or, sheet metal, or air-conditioning
8 contractor certified to do business in this state and actively
9 engaged in the profession.
10 (i) One residential contractor licensed to do business
11 in this state and actively engaged in the profession.
12 (j) Three members who are municipal or district codes
13 enforcement officials, one of whom is also a fire official.
14 (k) One member who represents the Department of
15 Insurance.
16 (l) One member who is a county codes enforcement
17 official.
18 (m) One member of a Florida-based organization of
19 persons with disabilities or a nationally chartered
20 organization of persons with disabilities with chapters in
21 this state.
22 (n) One member of the manufactured buildings industry
23 who is licensed to do business in this state and is actively
24 engaged in the industry.
25 (o) One mechanical or electrical engineer registered
26 to practice in this state and actively engaged in the
27 profession.
28 (p) One member who is a representative of a
29 municipality or a charter county.
30 (q) One member of the building products manufacturing
31 industry who is authorized to do business in this state and is
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1 actively engaged in the industry.
2 (r) One member who is a representative of the building
3 owners and managers industry who is actively engaged in
4 commercial building ownership or management.
5 (s) One member who is a representative of the
6 insurance industry.
7 (t) One member who is a representative of public
8 education.
9 (u) One member who shall be the chair.
10
11 Any person serving on the commission under paragraph (c) or
12 paragraph (h) on October 1, 2003, and who has served less than
13 two full terms is eligible for reappointment to the commission
14 regardless of whether he or she meets the new qualification.
15 Section 15. Subsection (7) is added to section 553.77,
16 Florida Statutes, to read:
17 553.77 Specific powers of the commission.--
18 (7) The commission shall by rule establish an informal
19 process of rendering nonbinding interpretations of the Florida
20 Building Code. The commission is specifically authorized to
21 refer interpretive issues to organizations that represent
22 those engaged in the construction industry. The commission is
23 directed to immediately implement the process prior to the
24 completion of formal rulemaking. It is the intent of the
25 Legislature that the commission create a process to refer
26 questions to a small, rotating group of individuals licensed
27 under part XII of chapter 468, to which a party can pose
28 questions regarding the interpretation of code provisions. It
29 is the intent of the Legislature that the process provide for
30 the expeditious resolution of the issues presented and
31 publication of the resulting interpretation on the Building
28
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1 Code Information System. Such interpretations are to be
2 advisory only and nonbinding on the parties or the commission.
3 Section 16. Effective October 1, 2002, section
4 553.791, Florida Statutes, is created to read:
5 553.791 Alternative plans review and inspection.--
6 (1) As used in this section, the term:
7 (a) "Applicable codes" means the Florida Building Code
8 and any local technical amendments to the Florida Building
9 Code but does not include the applicable minimum fire
10 prevention and firesafety codes adopted pursuant to chapter
11 633.
12 (b) "Building" means any construction, erection,
13 alteration, demolition, or improvement of, or addition to, any
14 structure for which permitting by a local enforcement agency
15 is required.
16 (c) "Building code inspection services" means those
17 services described in s. 468.603(6) and (7) involving the
18 review of building plans to determine compliance with
19 applicable codes and those inspections required by law of each
20 phase of construction for which permitting by a local
21 enforcement agency is required to determine compliance with
22 applicable codes.
23 (d) "Duly authorized representative" means an agent of
24 the private provider identified in the permit application who
25 reviews plans or performs inspections as provided by this
26 section and who is licensed as an engineer under chapter 471
27 or as an architect under chapter 481 or who holds a standard
28 certificate under part XII of chapter 468.
29 (e) "Local building official" means the individual
30 within the governing jurisdiction responsible for direct
31 regulatory administration or supervision of plans review,
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1 enforcement, and inspection of any construction, erection,
2 alteration, demolition, or substantial improvement of, or
3 addition to, any structure for which permitting is required to
4 indicate compliance with applicable codes and includes any
5 duly authorized designee of such person.
6 (f) "Permit application" means a properly completed
7 and submitted application for:
8 1. The requested building or construction permit.
9 2. The plans reviewed by the private provider.
10 3. The affidavit from the private provider required
11 pursuant to subsection (5).
12 4. Any applicable fees.
13 5. Any documents required by the local building
14 official to determine that the fee owner has secured all other
15 government approvals required by law.
16 (g) "Private provider" means a person licensed as an
17 engineer under chapter 471 or as an architect under chapter
18 481. For purposes of performing inspections under this section
19 for additions and alterations of 1,000 square feet or less to
20 residential buildings, the term "private provider" also
21 includes a person who holds a standard certificate under part
22 XII of chapter 468.
23 (h) "Request for certificate of occupancy or
24 certificate of completion" means a properly completed and
25 executed application for:
26 1. A certificate of occupancy or certificate of
27 completion.
28 2. A certificate of compliance from the private
29 provider required pursuant to subsection (10).
30 3. Any applicable fees.
31 4. Any documents required by the local building
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1 official to determine that the fee owner has secured all other
2 government approvals required by law.
3 (2) Notwithstanding any other provision of law, the
4 fee owner of a building may use a private provider to provide
5 building code inspection services with regard to such building
6 and may make payment directly to the private provider for the
7 provision of such services. All such services shall be the
8 subject of a written contract between the private provider, or
9 the private provider's firm, and the fee owner. The fee owner
10 may elect to use a private provider to provide either plans
11 review or required building inspections. The local building
12 official, in his or her discretion and pursuant to duly
13 adopted policies of the local enforcement agency, may require
14 the fee owner who desires to use a private provider to use the
15 private provider to provide both plans review and required
16 building inspection services.
17 (3) A private provider and any duly authorized
18 representative may only perform building code inspection
19 services that are within the disciplines covered by that
20 person's licensure or certification under chapter 481, chapter
21 471, or chapter 468. A private provider may not provide
22 building code inspection services pursuant to this section
23 upon any building designed or constructed by the private
24 provider or the private provider's firm.
25 (4) A fee owner using a private provider to provide
26 building code inspection services shall notify the local
27 building official at the time of permit application on a form
28 to be adopted by the commission. This notice shall include the
29 following information:
30 (a) The services to be performed by the private
31 provider.
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1 (b) The name, firm, address, telephone number, and
2 facsimile number of each private provider who is performing or
3 will perform such services, his or her professional license or
4 certification number, qualification statements or resumes,
5 and, if required by the local building official, a certificate
6 of insurance demonstrating that professional liability
7 insurance coverage is in place for the private provider's
8 firm, the private provider, and any duly authorized
9 representative in the amounts required by this section.
10 (c) An acknowledgment from the fee owner in
11 substantially the following form:
12
13 I have elected to use one or more private
14 providers to provide building code plans review
15 and/or inspection services on the building that
16 is the subject of the enclosed permit
17 application, as authorized by s. 553.791,
18 Florida Statutes. I understand that the local
19 building official may not review the plans
20 submitted or perform the required building
21 inspections to determine compliance with the
22 applicable codes, except to the extent
23 specified in said law. Instead, plans review
24 and/or required building inspections will be
25 performed by licensed or certified personnel
26 identified in the application. The law
27 requires minimum insurance requirements for
28 such personnel, but I understand that I may
29 require more insurance to protect my interests.
30 By executing this form, I acknowledge that I
31 have made inquiry regarding the competence of
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1 the licensed or certified personnel and the
2 level of their insurance and am satisfied that
3 my interests are adequately protected. I agree
4 to indemnify, defend, and hold harmless the
5 local government, the local building official,
6 and their building code enforcement personnel
7 from any and all claims arising from my use of
8 these licensed or certified personnel to
9 perform building code inspection services with
10 respect to the building that is the subject of
11 the enclosed permit application.
12
13 If the fee owner makes any changes to the listed private
14 providers or the services to be provided by those private
15 providers, the fee owner shall, within 1 business day after
16 any change, update the notice to reflect such changes.
17 (5) A private provider performing plans review under
18 this section shall review construction plans to determine
19 compliance with the applicable codes. Upon determining that
20 the plans reviewed comply with the applicable codes, the
21 private provider shall prepare an affidavit or affidavits on a
22 form adopted by the commission certifying, under oath, that
23 the following is true and correct to the best of the private
24 provider's knowledge and belief:
25 (a) The plans were reviewed by the affiant, who is
26 duly authorized to perform plans review pursuant to this
27 section and holds the appropriate license or certificate.
28 (b) The plans comply with the applicable codes.
29 (6)(a) Within 30 business days after receipt of a
30 permit application, the local building official shall issue
31 the requested permit or provide a written notice to the permit
33
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1 applicant identifying the specific plan features that do not
2 comply with the applicable codes, as well as the specific code
3 chapters and sections. If the local building official does
4 not provide a written notice of the plan deficiencies within
5 the prescribed 30-day period, the permit application shall be
6 deemed approved as a matter of law and the permit shall be
7 issued by the local building official on the next business
8 day.
9 (b) If the local building official provides a written
10 notice of plan deficiencies to the permit applicant within the
11 prescribed 30-day period, the 30-day period shall be tolled
12 pending resolution of the matter. To resolve the plan
13 deficiencies, the permit applicant may elect to dispute the
14 deficiencies pursuant to subsection (12) or to submit
15 revisions to correct the deficiencies.
16 (c) If the permit applicant submits revisions, the
17 local building official has the remainder of the tolled 30-day
18 period plus 5 business days to issue the requested permit or
19 to provide a second written notice to the permit applicant
20 stating which of the previously identified plan features
21 remain in noncompliance with the applicable codes, with
22 specific reference to the relevant code chapters and sections.
23 If the local building official does not provide the second
24 written notice within the prescribed time period, the permit
25 shall be issued by the local building official on the next
26 business day.
27 (d) If the local building official provides a second
28 written notice of plan deficiencies to the permit applicant
29 within the prescribed time period, the permit applicant may
30 elect to dispute the deficiencies pursuant to subsection (12)
31 or to submit additional revisions to correct the deficiencies.
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1 For all revisions submitted after the first revision, the
2 local building official has an additional 5 business days to
3 issue the requested permit or to provide a written notice to
4 the permit applicant stating which of the previously
5 identified plan features remain in noncompliance with the
6 applicable codes, with specific reference to the relevant code
7 chapters and sections.
8 (7) A private provider performing required inspections
9 under this section shall inspect each phase of construction as
10 required by the applicable codes. The private provider shall
11 be permitted to send a duly authorized representative to the
12 building site to perform the required inspections, provided
13 all required reports and certifications are prepared by and
14 bear the signature of the private provider. The contractor's
15 contractual or legal obligations are not relieved by any
16 action of the private provider.
17 (8) A private provider performing required inspections
18 under this section shall provide notice to the local building
19 official of the date and approximate time of any such
20 inspection no later than the prior business day by 2 p.m.
21 local time or by any later time permitted by the local
22 building official in that jurisdiction. The local building
23 official may visit the building site as often as necessary to
24 verify that the private provider is performing all required
25 inspections.
26 (9) Upon completing the required inspections at each
27 applicable phase of construction, the private provider shall
28 record such inspections on a form acceptable to the local
29 building official. These inspection records shall reflect
30 those inspections required by the applicable codes of each
31 phase of construction for which permitting by a local
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1 enforcement agency is required. The private provider, before
2 leaving the project site, shall post each completed inspection
3 record, indicating pass or fail, at the site and provide the
4 record to the local building official within 2 business days.
5 Records of all required and completed inspections shall be
6 maintained at the building site at all times and made
7 available for review by the local building official. The
8 private provider shall report to the local enforcement agency
9 any condition that poses an immediate threat to public safety
10 and welfare.
11 (10) Upon completion of all required inspections, the
12 private provider shall prepare a certificate of compliance, on
13 a form acceptable to the local building official, summarizing
14 the inspections performed and including a written
15 representation, under oath, that the stated inspections have
16 been performed and that, to the best of the private provider's
17 knowledge and belief, the building construction inspected
18 complies with the approved plans and applicable codes. The
19 statement required of the private provider shall be
20 substantially in the following form:
21
22 To the best of my knowledge and belief, the
23 building components and site improvements
24 outlined herein and inspected under my
25 authority have been completed in conformance
26 with the approved plans and the applicable
27 codes.
28
29 (11) Within 2 business days after receipt of a request
30 for a certificate of occupancy or certificate of completion
31 and the applicant's presentation of a certificate of
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1 compliance and approval of all other government approvals
2 required by law, the local building official shall issue the
3 certificate of occupancy or certificate of completion or
4 provide a notice to the applicant identifying the specific
5 deficiencies, as well as the specific code chapters and
6 sections. If the local building official does not provide
7 notice of the deficiencies within the prescribed 2-day period,
8 the request for a certificate of occupancy or certificate of
9 completion shall be deemed granted and the certificate of
10 occupancy or certificate of completion shall be issued by the
11 local building official on the next business day. To resolve
12 any identified deficiencies, the applicant may elect to
13 dispute the deficiencies pursuant to subsection (12) or to
14 submit a corrected request for a certificate of occupancy or
15 certificate of completion.
16 (12) If the local building official determines that
17 the building construction or plans do not comply with the
18 applicable codes, the official may deny the permit or request
19 for a certificate of occupancy or certificate of completion,
20 as appropriate, or may issue a stop-work order for the project
21 or any portion thereof, if the official determines that such
22 noncompliance poses a threat to public safety and welfare,
23 subject to the following:
24 (a) The local building official shall be available to
25 meet with the private provider within 2 business days to
26 resolve any dispute after issuing a stop-work order or
27 providing notice to the applicant denying a permit or request
28 for a certificate of occupancy or certificate of completion.
29 (b) If the local building official and private
30 provider are unable to resolve the dispute, the matter shall
31 be referred to the local enforcement agency's board of
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1 appeals, if one exists, which shall consider the matter at its
2 next scheduled meeting or sooner. Any decisions by the local
3 enforcement agency's board of appeals, or local building
4 official if there is no board of appeals, may be appealed to
5 the commission pursuant to s. 553.77(1)(h).
6 (c) Notwithstanding any provision of this section, any
7 decisions regarding the issuance of a building permit,
8 certificate of occupancy, or certificate of completion may be
9 reviewed by the local enforcement agency's board of appeals,
10 if one exists. Any decision by the local enforcement agency's
11 board of appeals, or local building official if there is no
12 board of appeals, may be appealed to the commission pursuant
13 to s. 553.77(1)(h), which shall consider the matter at the
14 commission's next scheduled meeting.
15 (13) For the purposes of this section, any notice to
16 be provided by the local building official shall be deemed to
17 be provided to the person or entity when successfully
18 transmitted to the facsimile number listed for that person or
19 entity in the permit application or revised permit
20 application, or, if no facsimile number is stated, when
21 actually received by that person or entity.
22 (14) No local enforcement agency, local building
23 official, or local government may adopt or enforce any laws,
24 rules, procedures, or standards more stringent than those
25 prescribed by this section.
26 (15) A private provider may perform building code
27 inspection services under this section only if the private
28 provider maintains insurance for professional and
29 comprehensive general liability with minimum policy limits of
30 $1 million per occurrence relating to all services performed
31 as a private provider, including tail coverage for a minimum
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1 of 5 years subsequent to the performance of building code
2 inspection services.
3 (16) When performing building code inspection
4 services, a private provider is subject to the disciplinary
5 guidelines of the applicable professional board with
6 jurisdiction over his or her license or certification under
7 chapter 468, chapter 471, or chapter 481. All private
8 providers shall be subject to the disciplinary guidelines of
9 s. 468.621(1)(c)-(h). Any complaint processing,
10 investigation, and discipline that arise out of a private
11 provider's performance of building code inspection services
12 shall be conducted by the applicable professional board.
13 (17) Each local building code enforcement agency shall
14 develop and maintain a process to audit the performance of
15 building code inspection services by private providers
16 operating within the local jurisdiction.
17 (18) The local government, the local building
18 official, and their building code enforcement personnel shall
19 be immune from liability to any person or party for any action
20 or inaction by a fee owner of a building, or by a private
21 provider or its duly authorized representative, in connection
22 with building code inspection services as authorized in this
23 act.
24 (19) The Florida Building Commission shall report on
25 the implementation of this section to the Legislature on or
26 before January 1, 2004, as part of the report required by s.
27 553.77(1)(b).
28 Section 17. Paragraph (a) of subsection (6) of section
29 553.842, Florida Statutes, is amended to read:
30 553.842 Product evaluation and approval.--
31 (6) Statewide or local approval of products, methods,
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1 or systems of construction may be achieved by one of the
2 following methods. One of these methods must be used by local
3 officials or the commission to approve the following
4 categories of products: panel walls, exterior doors, roofing,
5 skylights, windows, shutters, and structural components as
6 established by the commission by rule.
7 (a) Products for which the code establishes
8 standardized testing or comparative or rational analysis
9 methods shall be approved by submittal and validation of one
10 of the following reports or listings indicating that the
11 product or method or system of construction was evaluated to
12 be in compliance with the Florida Building Code and that the
13 product or method or system of construction is, for the
14 purpose intended, at least equivalent to that required by the
15 Florida Building Code:
16 1. A certification mark or listing of an approved
17 certification agency;
18 2. A test report from an approved testing laboratory;
19 3. A product evaluation report based upon testing or
20 comparative or rational analysis, or a combination thereof,
21 from an approved product evaluation entity; or
22 4. A product evaluation report based upon testing or
23 comparative or rational analysis, or a combination thereof,
24 developed and signed and sealed by a professional engineer or
25 architect, licensed in this state.
26
27 A product evaluation report or a certification mark or listing
28 of an approved certification agency which demonstrates that
29 the product or method or system of construction complies with
30 the Florida Building Code for the purpose intended shall be
31 equivalent to a test report and test procedure as referenced
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1 in the Florida Building Code.
2 Section 18. Section 604.50, Florida Statutes, is
3 amended to read:
4 604.50 Nonresidential farm buildings.--Notwithstanding
5 any other law to the contrary, any nonresidential farm
6 building located on a farm is exempt from the Florida Building
7 Code and any county or municipal building code. For purposes
8 of this section, the term "nonresidential farm building" means
9 any building or support structure that is used for
10 agricultural purposes, is located on a farm that is not used
11 as a residential dwelling, and is located on land that is an
12 integral part of a farm operation or is classified as
13 agricultural land under s. 193.461. The term "farm" is as
14 defined in s. 823.14.
15 Section 19. Subsection (1) of section 627.0629,
16 Florida Statutes, as amended by chapter 2001-372, Laws of
17 Florida, is amended to read:
18 627.0629 Residential property insurance; rate
19 filings.--
20 (1) Effective June 1, 2002, a rate filing for
21 residential property insurance must include actuarially
22 reasonable discounts, credits, or other rate differentials, or
23 appropriate reductions in deductibles, for properties on which
24 fixtures or construction techniques demonstrated to reduce the
25 amount of loss in a windstorm have been installed or
26 implemented. The fixtures or construction techniques shall
27 include, but not be limited to, fixtures or construction
28 techniques which enhance roof strength, roof covering
29 performance, roof-to-wall strength,
30 wall-to-floor-to-foundation strength, opening protection, and
31 window, door, and skylight strength. Credits, discounts, or
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1 other rate differentials for fixtures and construction
2 techniques which meet the minimum requirements of the Florida
3 Building Code must be included in the rate filing. All
4 insurance companies must make a rate filing which includes the
5 credits, discounts, or other rate differentials by February
6 28, 2003.
7 Section 20. Except as otherwise expressly provided in
8 this act, this act shall take effect upon becoming a law.
9
10
11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 Delete everything before the enacting clause
14
15 and insert:
16 A bill to be entitled
17 An act relating to building code development
18 and administration; requiring the Florida
19 Building Commission to develop building code
20 provisions to facilitate the rehabilitation and
21 use of existing structures; requiring the
22 commission to identify legislative changes
23 required to implement code provisions;
24 requiring a report to the Legislature; amending
25 s. 399.01, F.S.; revising and removing
26 definitions; requiring that elevator service
27 maintenance contracts be made available to the
28 Department of Business and Professional
29 Regulation upon request for oversight purposes;
30 revising qualifications for an elevator
31 certificate of competency; amending s. 399.02,
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1 F.S.; providing that each elevator owner is
2 responsible for inspections and correction of
3 code deficiencies; eliminating a requirement
4 that the department review service maintenance
5 contracts and determine whether they ensure
6 safe operation; amending s. 399.03, F.S.;
7 revising requirements relating to the design,
8 installation, and alteration of conveyances;
9 providing additional requirements for issuance
10 of elevator permits; revising reporting
11 requirements; providing requirements for
12 temporary operation inspections; amending s.
13 399.049, F.S.; revising grounds for suspension
14 or revocation of certification or registration;
15 amending s. 399.061, F.S.; eliminating the
16 requirement that annual inspections be
17 conducted through third-party inspection
18 services; revising reporting requirements
19 relating to service maintenance contracts;
20 revising requirements relating to the
21 correction of violations; amending s. 399.07,
22 F.S.; extending the period of validity of
23 certificates of operation from 1 to 2 years;
24 revising fee provisions to conform; amending s.
25 399.105, F.S.; providing administrative fines
26 for violations relating to reporting, operating
27 a sealed elevator, and complying with
28 correction orders; eliminating a restriction on
29 the issuance of an administrative fine relating
30 to commencing installation without a
31 construction permit; amending s. 399.106, F.S.;
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1 correcting a reference; amending s. 399.125,
2 F.S.; eliminating the requirement to report
3 elevator incidents; amending s. 399.13, F.S.;
4 allowing municipalities or counties that assume
5 elevator inspection duties to hire private
6 inspectors to conduct inspections; amending s.
7 553.512, F.S.; requiring the granting of a
8 waiver of certain requirements for
9 accessibility purposes under certain
10 circumstances; amending s. 553.73, F.S.;
11 revising provisions governing local government
12 amendments to the technical provisions of the
13 Florida Building Code; exempting modular
14 structures from the code; amending s. 553.74,
15 F.S.; revising eligibility for membership on
16 the Florida Building Commission; amending s.
17 553.77, F.S.; providing additional specific
18 powers, duties, and requirements of the
19 commission; providing legislative intent;
20 amending s. 553.791, F.S.; providing
21 alternative procedures for building plans
22 review and inspection; providing definitions;
23 authorizing use of a private provider to review
24 plans and make building code inspections under
25 certain circumstances; providing a limitation;
26 requiring notice to the local building
27 official; specifying notice information;
28 specifying requirements, duties, and
29 responsibilities of a private provider;
30 providing for a certificate of compliance;
31 providing duties of the local building
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1 official; providing procedures for approval or
2 denial of a certificate of compliance or a
3 building permit; prohibiting local entities
4 from adopting or enforcing certain laws, rules,
5 procedures, or standards; requiring a private
6 provider to maintain certain insurance;
7 subjecting private providers to certain
8 disciplinary provisions; limiting use of a
9 private provider under certain circumstances;
10 requiring local building code enforcement
11 agencies to develop and maintain a process to
12 audit the performance of building code
13 inspection services; providing immunity from
14 liability; requiring a report; amending s.
15 553.842, F.S.; providing certain equivalency
16 with respect to product evaluation and approval
17 under the Florida Building Code; amending s.
18 604.50, F.S.; redefining the term
19 "nonresidential farm building" for purposes of
20 an exemption from the Florida Building Code;
21 amending s. 627.0629, F.S.; revising timeframe
22 for rate filing for residential property
23 insurance; providing effective dates.
24
25
26
27
28
29
30
31
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