HB 1375 2003
1	A bill to be entitled
2	An act relating to the Florida Building Code; amending s.
3	553.73, F.S.; providing code amendment criteria and review
4	requirements; amending s. 553.79, F.S.; exempting truss
5	placement plans from certain requirements; amending s.
6	553.80, F.S.; authorizing local governments to impose
7	certain fees for code enforcement; providing requirements
8	and limitations; amending s. 553.842, F.S.; revising
9	requirements, procedures, and limitations relating to a
10	product evaluation and approval system; deleting Florida
11	Building Commission authority to adopt certain rules and
12	enter into certain contracts to administer the product
13	evaluation and approval system; deleting system criteria;
14	deleting provisions relating to local or statewide
15	approval of products or methods or systems of
16	construction; deleting provisions relating to
17	certifications by approved product evaluation entities,
18	testing laboratories, or certification agencies; revising
19	commission rulemaking authority; revising commission
20	responsibilities; authorizing the commission to expedite
21	adoption and implementation of the existing state building
22	code as part of the Florida Building Code pursuant to
23	limited procedures; requiring the commission to submit the
24	building code adopted by the commission, with
25	recommendations and revisions, to the Legislature for
26	approval by a time certain; providing for repeal of
27	certain local building code amendments; providing for
28	readoption of such amendments as provided by law;
29	providing requirements; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. Paragraph (c) of subsection (7) of section
34	553.73, Florida Statutes, is amended to read:
35	553.73 Florida Building Code.--
36	(7)
37	(c) The commission may not approve any proposed amendment
38	that does not accurately and completely address all requirements
39	for amendment which are set forth in this section. The
40	commission shall require all proposed amendments to be reviewed
41	by commission staff. Such amendments shall not be considered by
42	any deliberative body for inclusion in the Florida Building Code
43	if they do not meet the criteria established in this section.
44	Section 2. Paragraph (i) of subsection (1) of section
45	553.77, Florida Statutes, is amended to read:
46	553.77 Specific powers of the commission.--
47	(1) The commission shall:
48	(i) Determine the types of products requiring approval for
49	local or statewide use and shall provide for the evaluation and
50	approval of such products, materials, devices, and method of
51	construction for statewide use. The commission may prescribe by
52	rule a schedule of reasonable fees to provide for evaluation and
53	approval of products, materials, devices, and methods of
54	construction. Evaluation and approval shall be by action of the
55	commission or delegatedpursuant to s. 553.842. This paragraph
56	does not apply to products approved by the State Fire Marshal.
57	Section 3. Subsection (14) of section 553.79, Florida
58	Statutes, is amended to read:
59	553.79 Permits; applications; issuance; inspections.--
60	(14) Certifications by contractors authorized under the
61	provisions of s. 489.115(4)(b) shall be considered equivalent to
62	sealed plans and specifications by a person licensed under
63	chapter 471 or chapter 481 by local enforcement agencies for
64	plans review for permitting purposes relating to compliance with
65	the wind resistance provisions of the code or alternate
66	methodologies approved by the commission for one and two family
67	dwellings. Local enforcement agencies may rely upon such
68	certification by contractors that the plans and specifications
69	submitted conform to the requirements of the code for wind
70	resistance. Upon good cause shown, local government code
71	enforcement agencies may accept or reject plans sealed by
72	persons licensed under chapter 471, chapter 481, or chapter 489.
73	A truss placement plan shall not be required to be signed and
74	sealed by an engineer or architect.
75	Section 4. Subsection (7) is added to section 553.80,
76	Florida Statutes, to read:
77	553.80 Enforcement.--
78	(7) The governing bodies of local governments may provide
79	a schedule of reasonable fees, as authorized by s. 125.56(2) or
80	s. 166.222 and this section, for the enforcement of provisions
81	of this part. Such fees, and any fines or investment earnings
82	related to such fees, shall be used solely for carrying out the
83	local government’s responsibilities in enforcing the Florida
84	Building Code. When providing a schedule of reasonable fees,
85	total estimated annual revenue derived from fees, and fines and
86	investment earnings related to such fees, shall not exceed the
87	total estimated annual costs of allowable activities. Any
88	unexpended balances must be carried forward to future years for
89	allowable activities or shall be refunded. The basis for a fee
90	structure for allowable activities shall relate to the level of
91	service provided by the local government. Fees charged shall be
92	consistently applied.
93	(a) For purposes of this subsection, the term “enforcing
94	the Florida Building Code” includes the direct costs and
95	reasonable indirect costs associated with review of building
96	plans, building inspections, reinspections, building permit
97	processing, and building code enforcement. The term may also
98	include enforcement against unlicensed contractor activity to
99	the extent not funded with other user fees. Enforcing the
100	Florida Building Code specifically excludes the following
101	activities: any land-use-related activities, including, but not
102	limited to, reviews and enforcement associated with
103	comprehensive planning, zoning, site planning, and concurrency;
104	address assignment; inspections of right-of-way; inspections of
105	utility hookups outside a house; arbor compliance;
106	nonconstruction-related fire prevention inspections of existing
107	units; demolition; debris cleanup; landscaping; environmental
108	regulation and enforcement; the enforcement of any other state
109	or federal requirement; the enforcement of any other local
110	ordinance or local requirement; and any other building or
111	general government activity that does not directly pertain to
112	such activities in enforcing the Florida Building Code. Costs of
113	inspections of public buildings for a reduced fee or no fee, and
114	costs incurred in connection with public information requests,
115	community functions, boards, and programs that are not directly
116	related to enforcement of the Florida Building Code, shall not
117	be financed with fees adopted under this section.
118	(b) A local government shall use recognized management,
119	accounting, and oversight practices to ensure that fees, fines,
120	and investment earnings generated under this subsection are
121	maintained and used solely for the purposes described in
122	paragraph (a).
123	(c) Local governments shall, to the greatest extent
124	possible or practicable, work with their local building
125	industries to create a review process to assist in implementing
126	and overseeing budgetary procedures and reports for revenue and
127	expenditures relating to building permit fees and assist in
128	offering suggestions or recommendations on the use and amount of
129	building permit fees and the level and type of service provided
130	to the local building industry.
131	Section 5. Section 553.842, Florida Statutes, is amended
132	to read:
133	553.842 Product evaluation and approval.--
134	(1) The commission shall adopt rules under ss. 120.536(1)
135	and 120.54 to develop and implement aproduct evaluation and
136	approval system described in this section shall applythat
137	appliesstatewide to operate in coordination with the Florida
138	Building Code. The commission may enter into contracts to
139	provide for administration of the product evaluation and
140	approval system. The product evaluation and approval system
141	shall provide:
142	(a) Appropriate promotion of innovation and new
143	technologies.
144	(b) Processing submittals of products from manufacturers
145	in a timely manner.
146	(c) Independent, third-party qualified and accredited
147	testing and laboratory facilities, product evaluation entities,
148	quality assurance agencies, certification agencies, and
149	validation entities.
150	(d) An easily accessible product acceptance list to
151	entities subject to the Florida Building Code.
152	(e) Development of stringent but reasonable testing
153	criteria based upon existing consensus standards, when
154	available, for products.
155	(f) Long-term approvals, where feasible. State and local
156	approvals will be valid until the requirements of the code on
157	which the approval is based change, the product changes in a
158	manner affecting its performance as required by the code, or the
159	approval is revoked.
160	(g) Criteria for revocation of a product approval.
161	(h) Cost-effectiveness.
162	(2) The product evaluation and approval system shall rely
163	on demonstration of compliance withnational and international
164	consensus standards as, wheneveradopted by the Florida Building
165	Code, for demonstrating compliance with code standards. Other
166	standards which meet or exceed the intent of the Florida
167	Building Codeestablished state requirements shall also be
168	acceptableconsidered.
169	(3) Such statewide product evaluation and approval system
170	shall grant approvals for use. The local building official,
171	through the plans review and inspection process, shall determine
172	whether the product, method, or system of construction is used
173	in accordance with its limitations of use.
174	(4)(3) Products or methods or systems of construction for
175	which there are specificthat require approval under s. 553.77,
176	that havestandardized testing or comparative or rational
177	analysis methods established inby the Florida Building Code,
178	and that are certified by an approved product evaluation entity,
179	testing laboratory, or certification agency as complying with
180	the standards specified by the code shall be approved for local
181	or statewide use,by one of the methods established in
182	subsection (6) without further evaluation, by demonstrating
183	compliance with their applicable standards listed in the Florida
184	Building Code through one of the following methods.
185	(4) By October 1, 2003, products or methods or systems of
186	construction requiring approval under s. 553.77 must be approved
187	by one of the methods established in subsection (5) or
188	subsection (6) before their use in construction in this state.
189	Products may be approved either by the commission for statewide
190	use, or by a local building department for use in that
191	department's jurisdiction only. Notwithstanding a local
192	government's authority to amend the Florida Building Code as
193	provided in this act, statewide approval shall preclude local
194	jurisdictions from requiring further testing, evaluation, or
195	submission of other evidence as a condition of using the product
196	so long as the product is being used consistent with the
197	conditions of its approval.
198	(5) Local approval of products or methods or systems of
199	construction may be achieved by the local building official
200	through building plans review and inspection to determine that
201	the product, method, or system of construction complies with the
202	prescriptive standards established in the code. Alternatively,
203	local approval may be achieved by one of the methods established
204	in subsection (6).
205	(6) Statewide or local approval of products, methods, or
206	systems of construction may be achieved by one of the following
207	methods. One of these methods must be used by local officials or
208	the commission to approve the following categories of products:
209	panel walls, exterior doors, roofing, skylights, windows,
210	shutters, and structural components as established by the
211	commission by rule.
212	(a) Products for which the code establishes standardized
213	testing or comparative or rational analysis methods shall be
214	approved by submittal and validation of one of the following
215	reports or listings indicating that the product or method or
216	system of construction was evaluated to be in compliance with
217	the Florida Building Code and that the product or method or
218	system of construction is, for the purpose intended, at least
219	equivalent to that required by the Florida Building Code:
220	(a)1.A certification mark or listing of an approved
221	certification agency;
222	(b)2.A test report from an approved testing laboratory;
223	(c)3.A product evaluation report based upon testing or
224	comparative or rational analysis, or a combination thereof, from
225	an approved product evaluation entity; or
226	(d)4.A product evaluation report based upon testing or
227	comparative or rational analysis, or a combination thereof,
228	developed and signed and sealed by a professional engineer or
229	architect,licensed in this state.
230
231	A product evaluation report or a certification mark or listing
232	of an approved certification agency which demonstrates that the
233	product or method or system of construction complies with the
234	Florida Building Code for the purpose intended shall be
235	equivalent to a test report and test procedure as referenced in
236	the Florida Building Code.
237	(5)(b)Products, methods, or systems of construction for
238	which there are no specific standardized testing or comparative
239	or rational analysis methods established in the Florida Building
240	Code shall demonstrate compliance with the intent of the code
241	throughmay be approved by submittal and validation ofone of
242	the following:
243	(a)1.A product evaluation report based upon testing or
244	comparative or rational analysis, or a combination thereof, from
245	an approved product evaluation entity indicating that the
246	product or method or system of construction was evaluated to be
247	in compliance with the intent of the Florida Building Code and
248	that the product or method or system of construction is, for the
249	purpose intended, at least equivalent to that required by the
250	Florida Building Code; or
251	(b)2.A product evaluation report based upon testing or
252	comparative or rational analysis, or a combination thereof,
253	developed and signed and sealed by a professional engineer or
254	architect, licensed in this state, who certifies that the
255	product or method or system of construction was evaluated to be
256	in compliance with the intent of the Florida Building Code and
257	that the product or method or system of constructionis, for the
258	purpose intended, at least equivalent to that required by the
259	Florida Building Code.
260	(6) Products that are specifically addressed in the code
261	through prescriptive provisions may be approved for use in
262	accordance with the building plan review and inspection process.
263	(7) Structural components comprised of materials or
264	products that are assembled or placed in the field and are
265	subject to standardized field testing procedures contained
266	within nationally recognized standards adopted by the Florida
267	Building Code may demonstrate compliance by a batch ticket or
268	bill of lading made available at the site of assembly or
269	placement.The commission shall ensure that product
270	manufacturers operate quality assurance programs for all
271	approved products. The commission shall adopt by rule criteria
272	for operation of the quality assurance programs.
273	(8) For local approvals, validation shall be performed by
274	the local building official. The commission shall adopt by rule
275	criteria constituting complete validation by the local official,
276	including, but not limited to, criteria governing verification
277	of a quality assurance program. For state approvals, validation
278	shall be performed by validation entities approved by the
279	commission. The commission shall adopt by rule criteria for
280	approval of validation entities, which shall be third-party
281	entities independent of the product's manufacturer and which
282	shall certify to the commission the product's compliance with
283	the code.
284	(8)(11)Products, other than manufactured buildings, which
285	are custom fabricated or assembled shall not require separate
286	approval under this section provided the component parts have
287	been approved for the fabricated or assembled product's use and
288	the components meet the standards and requirements of the
289	Florida Building Code which applyappliesto the product's
290	intended use.
291	(9) Product approvals shall be valid until such time as
292	the product changes, decreasing the product’s performance, or
293	the standards or intent of the Florida Building Code affecting
294	the product change.
295	(10) Notwithstanding a local government's authority to
296	amend the Florida Building Code as provided in this section,
297	local jurisdictions are precluded from requiring further
298	testing, test reports, evaluation, or submission of other
299	evidence as a condition of using the product so long as the
300	product is being used in a manner consistent with the conditions
301	of its approval.
302	(11)(10) A building official may deny the local use
303	application of a product or method or system of construction
304	thatwhich has been approvedreceived statewide approval, based
305	upon a written report signed by the official that concludes the
306	product application is inconsistent with the statewideapproval
307	and that states the reasons the application is inconsistent.
308	Such denial is subject to the provisions of s. 553.77 governing
309	appeal of the building official's interpretation of the code.
310	(12) A building official may appeal the required approval
311	for local use of a product or method or system of construction
312	to the commission. The commission shall conduct a hearing under
313	chapter 120 and the uniform rules of procedure and shall handle
314	such appeals in an expedited manner.
315	(13) The decisions of local building officials shall be
316	appealable to the local board of appeals, if such board exists,
317	and then to the commission, which shall conduct a hearing under
318	chapter 120 and the uniform rules of procedure. Decisions of the
319	commission regarding statewideproduct approvals and appeals of
320	local product approval shall be subject to judicial review
321	pursuant to s. 120.68.
322	(14)(9) The commission shallmay adopt rules to approve
323	product evaluation entities, testing laboratories, certification
324	agencies, and quality assurance agenciesthe following types of
325	entities that produce information on which product approvals are
326	based. All of the followingentities, including engineers and
327	architects, must comply with a nationally recognized standard
328	demonstrating independence or no conflict of interest.:
329	(a) Evaluation entities that meet the criteria for
330	approval adopted by the commission by rule.The commission shall
331	specifically approve the National Evaluation Service, the
332	International Conference of Building Officials Evaluation
333	Services, the Building Officials and Code Administrators
334	International Evaluation Services, the Southern Building Code
335	Congress International Evaluation Services, the International
336	Code Council Evaluation Service,and the Miami-Dade County
337	Building Code Compliance Office Product Control. Architects and
338	engineers licensed in this state are also approved to conduct
339	product evaluations as provided in subsection (6).
340	(b) The commission shall approvetesting laboratories
341	accredited by national organizations, such as A2LA and the
342	National Voluntary Laboratory Accreditation Program,
343	laboratories accredited by evaluation entities approved under
344	paragraph (a), and laboratories that comply with other
345	guidelines for testing laboratories selected by the commission
346	and adopted by rule.
347	(c) The commission shall approvequality assurance
348	entities approved by evaluation entities approved under
349	paragraph (a) and by certification agencies approved under
350	paragraph (d) and other quality assurance entities that comply
351	with guidelines selected by the commission and adopted by rule.
352	(d) The commission shall approvecertification agencies
353	accredited by nationally recognized accreditors and other
354	certification agencies that comply with guidelines selected by
355	the commission and adopted by rule.
356	(e) Validation entities that comply with accreditation
357	standards established by the commission by rule.
358	(15)(14) The commission shall maintain a list of the
359	approvedstate-approved products,product evaluation entities,
360	testing laboratories, quality assurance agencies, and
361	certification agencies, and validation entitiesand make such
362	lists available in the most cost-effective and timely manner.
363	The commission shall establish reasonable timeframes associated
364	with the product approval process and availability of the lists.
365	(16)(15)The commission shall by rule establish criteria
366	for revocation of product approvals as well as revocation of
367	approvals of product evaluation entities, testing laboratories,
368	quality assurance entities, and certification agencies, and
369	validation entities. Revocation is governed by s. 120.60 and the
370	uniform rules of procedure.
371	(17) The product evaluation approval system shall take
372	effect October 1, 2003.
373	(16) The commission shall establish a schedule for
374	adoption of the rules required in this section to ensure that
375	the product manufacturing industry has sufficient time to revise
376	products to meet the requirements for approval and submit them
377	for testing or evaluation before the system takes effect on
378	October 1, 2003, and to ensure that the availability of
379	statewide approval is not delayed.
380	Section 6. The Florida Building Commission is authorized
381	to expedite the adoption and implementation of the existing
382	state building code as part of the Florida Building Code
383	pursuant only to the provisions of chapter 120, Florida
384	Statutes. The special update and amendment requirements of s.
385	553.73, Florida Statutes, and the administrative rule requiring
386	additional delay time between adoption and implementation of
387	such code are waived.
388	Section 7. (1) Before the 2004 Regular Session of the
389	Legislature, the Florida Building Commission shall submit to the
390	Legislature, for review and approval or rejection, the Florida
391	Building Code adopted by the commission and shall prepare a list
392	of recommendations of revisions to the Florida Statutes
393	necessitated by adoption of the Florida Building Code if the
394	Legislature approves the Florida Building Code.
395	(2) Upon approval of the Florida Building Code by the
396	Legislature, all existing local technical amendments to any
397	building code adopted by any local government are repealed. Each
398	local government may readopt such amendments pursuant to s.
399	553.73, Florida Statutes, provided such amendments comply with
400	applicable provisions of the Florida Building Code.
401	Section 8. This act shall take effect upon becoming a law.