CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 953

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Local Government & Veterans Affairs offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Notwithstanding section 136 of chapter

19  2000-141, Laws of Florida, Part III of chapter 75-489, Laws of

20  Florida, as amended, is reenacted and amended to read:

21         Section 27.  It is the intent of the legislature to

22  provide for uniform building codes and uniform life safety

23  codes for Pinellas County. It is further the intent of the

24  legislature to provide for continuing uniformity of the

25  aforementioned codes by placing the sole authority for making

26  technical amendments to the codes, applicable within the

27  boundaries of Pinellas County, with the Pinellas County

28  Construction Licensing Board.

29         Section 28.  For the purpose of establishing rules and

30  regulations for the construction, alteration, removal,

31  demolition, equipment, use, occupancy, location and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 953

    Amendment No. 1 (for drafter's use only)





  1  maintenance of buildings and structures, Pinellas County

  2  hereby recognizes as applicable to the county adopts the codes

  3  known as:

  4         (1)  The Florida Standard Building Code, as may be

  5  amended or update pursuant to general law.

  6         (2)  The Florida Fire Prevention Code, as may be

  7  amended or replaced pursuant to general law NFPA Natural Gas

  8  Code 54 and the NFPA L.P. Gas Code 58.

  9         (3)  The National Electrical Code.

10         (4)  The Standard Mechanical Code.

11         (5)  The Standard Plumbing Code.

12         (6)  The National Fire Protection Association Life

13  Safety Code 101.

14         The codes are incorporated in this law as fully as if

15  set out at length.  Copies of all applicable codes, appendices

16  and amendments or variations thereto adopted by the board

17  pursuant to the provisions of section 29 of this part, shall

18  be filed with and available for inspection at the office of

19  the board.

20         Section 29.  The board shall have the power to adopt

21  editions of the codes referenced in section 28, and appendices

22  thereto. The board shall also have the power to amend the

23  codes from time to time, subject to the requirements of

24  section 553.73(4), Florida Statutes, and may adopt variations

25  for different areas of the county if the variations are

26  justified under the procedures contained herein and in section

27  ss. 553.18 and 553.73, Florida Statutes.  Before making any

28  amendment or variation, the board shall refer the proposed

29  amendment to the appropriate county-wide Board of Adjustment

30  and Appeals described in Section 32 for study and

31  recommendations.  The board shall then hold a public hearing

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 953

    Amendment No. 1 (for drafter's use only)





  1  on the proposed amendment or variation and shall reject,

  2  adopt, or defer action upon the recommendation of the Board of

  3  Adjustment and Appeals.  A two-thirds vote of the board is

  4  required to reject any recommendation of the Board of

  5  Adjustment and Appeals. The board may adopt amendments to the

  6  codes that are necessary as a condition precedent to any

  7  federal or state sponsored program and the governing body of

  8  any municipality or the county may adopt amendments to the

  9  administrative chapter of the Florida Building Code all

10  standard codes. For the purposes of section 553.73, Florida

11  Statutes, and chapter 98-287, Laws of Florida, as amended by

12  chapter 98-419, Laws of Florida, and chapter 2001-186, Laws of

13  Florida, and as may be subsequently amended, the Pinellas

14  County Construction Licensing Board shall be the sole local

15  governing body authorized to make technical amendments to the

16  Florida Building Code or the Florida Fire Prevention Code and

17  is deemed to be the countywide compliance review board for

18  Pinellas County as required by section 553.73(4)(b)7., Florida

19  Statutes.  The Pinellas County Construction Licensing Board

20  shall likewise be the local administrative board for the

21  provision of interpretations upon request of local building

22  officials and for the resolution of conflicts of

23  interpretations between local building officials and local

24  fire code enforcement officials. The resolution of these

25  disputes shall be in accordance with applicable general law.

26  The decision of the board interpretting a code, resolving a

27  conflict of interpretation or to adopt an amendment following

28  a recommendation by the applicable Board of Adjustment and

29  Appeals, shall be the final local determination of the matter

30  which is subject to appeal to the Florida Building Commission

31  pursuant to section 553.73, Florida Statutes.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 953

    Amendment No. 1 (for drafter's use only)





  1         Section 30.  Except as provided in this law for

  2  amendments and variations, the codes shall be exclusively

  3  controlling in the construction of all buildings and

  4  structures within Pinellas County and no municipality of the

  5  county shall adopt any technical amendments, ordinances, rules

  6  or regulations for the construction, alteration, removal,

  7  demolition, equipment, use, occupancy, location and

  8  maintenance of buildings and structures that conflict with the

  9  codes as amended.

10         Section 31.  Inspection and enforcement of the codes

11  shall be effected by the county, the municipalities in

12  Pinellas County or the authorized designees of either.

13         Section 32.  (1)  The board shall create four Boards of

14  Adjustment and Appeals as follows:

15         (a)  A plumbing, mechanical and gas Board of Adjustment

16  and Appeals consisting of one (1) mechanical engineer, two (2)

17  plumbing contractors, two (2) natural gas contractors and two

18  (2) mechanical or Class A air conditioning contractors.  This

19  Board of Adjustment and Appeals shall have the powers and

20  duties specified in subsection (2) for appeals relating to

21  plumbing, mechanical and gas provisions of the Florida

22  Building Code codes.

23         (b)  An electrical board consisting of one (1)

24  electrical engineer, two (2) electrical contractors and one

25  (1) member of the building industry at large. This board shall

26  have the powers and duties provided in subsection (2) for

27  appeals relating to the electrical code.

28         (c)  A Board of Adjustment and Appeals for the Florida

29  Standard Building Code provisions not falling within the

30  jurisdiction of the boards created by subsection (a) or (b).

31         (d)  A life safety and fire code Board of Adjustment

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 953

    Amendment No. 1 (for drafter's use only)





  1  and Appeals of two (2) active fire marshals, two (2) active

  2  building officials and a fifth member to be selected from the

  3  joint recommendation of the fire marshals and building

  4  officials comprising said board.

  5         (2)  Any appeal which may be brought before either the

  6  Board of Adjustment and Appeals for the Florida Standard

  7  Building Code or the Board of Adjustment and Appeals for the

  8  Life Safety and Fire Code, shall be referred to the latter.

  9  The Board of Adjustment and Appeals for the Life Safety and

10  Fire Code shall determine whether or not it has jurisdiction

11  over said appeal. Upon a determination that said board has no

12  jurisdiction, the appeal shall be considered by the Board of

13  Adjustment and Appeals for the Florida Standard Building Code.

14  The Boards of Adjustment and Appeals shall meet as frequently

15  as is required but not less often than once every three

16  months.  Members of the boards shall serve without

17  compensation. Any person aggrieved by a ruling of a building

18  director or a fire marshal or other fire official of any

19  municipality or of the county, or any building director or

20  fire marshal or other fire official desiring interpretation of

21  a code, may file a written appeal to the proper Board of

22  Adjustment and Appeals.  Provided, however, if the

23  municipality in which the dispute occurred has established a

24  Board of Adjustment and Appeals the aggrieved party must first

25  appeal to the municipal board.  After a decision is rendered

26  by the municipal board the aggrieved party shall have 15 days

27  to file the appeal provided for in this subsection.  The

28  decision of the boards shall be furnished to the appealing

29  party in writing within 15 days after the meeting at which the

30  appeal was considered.  The decisions of the boards are

31  subject to appeal to the Florida Building Commission pursuant

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 953

    Amendment No. 1 (for drafter's use only)





  1  to section 553.73, Florida Statutes.

  2         Section 33.  The respective Boards of Adjustment and

  3  Appeals shall have authority to interpret its respective code

  4  adopted for the county.  Interpretations of the codes shall be

  5  based upon specific findings of fact and may be made when any

  6  provision of the code is ambiguous as applied to an activity

  7  subject to the code or to allow alternate material and types

  8  of construction if found to be in conformity with the intent

  9  of said code.  The codes shall be interpreted liberally to

10  provide safe, economic and sound buildings and structures in

11  the county. Code interpretations of any Board of Adjustment

12  and Appeals made under this section shall be final

13  administrative actions and shall not be subject to review by

14  the board.  Final decisions of the board or any Board of

15  Adjustment and Appeals shall be based upon substantial

16  competent evidence and shall be subject to review by the

17  Florida Building Commission or the Florida Fire Marshal

18  certiorari review in the circuit court of the judicial circuit

19  in and for Pinellas County.

20         Section 2.  If any section, subsection, sentence,

21  clause, phrase, or provision of this law is for any reason

22  held invalid or unconstitutional by any court of competent

23  jurisdiction, such holding shall not be construed to render

24  the remaining provisions of this law invalid or

25  unconstitutional.

26         Section 3.  This act shall take effect upon the

27  effective date of the Florida Building Code.

28

29

30

31

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