Senate Bill sb2730

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    Florida Senate - 2003                                  SB 2730

    By Senator Bennett





    21-1605-03                                         See HB 1375

  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 553.73, F.S.; providing code

  4         amendment criteria and review requirements;

  5         amending s. 553.79, F.S.; exempting truss

  6         placement plans from certain requirements;

  7         amending s. 553.80, F.S.; authorizing local

  8         governments to impose certain fees for code

  9         enforcement; providing requirements and

10         limitations; amending s. 553.842, F.S.;

11         revising requirements, procedures, and

12         limitations relating to a product evaluation

13         and approval system; deleting Florida Building

14         Commission authority to adopt certain rules and

15         enter into certain contracts to administer the

16         product evaluation and approval system;

17         deleting system criteria; deleting provisions

18         relating to local or statewide approval of

19         products or methods or systems of construction;

20         deleting provisions relating to certifications

21         by approved product evaluation entities,

22         testing laboratories, or certification

23         agencies; revising commission rulemaking

24         authority; revising commission

25         responsibilities; authorizing the commission to

26         expedite adoption and implementation of the

27         existing state building code as part of the

28         Florida Building Code pursuant to limited

29         procedures; requiring the commission to submit

30         the building code adopted by the commission,

31         with recommendations and revisions, to the

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1         Legislature for approval by a time certain;

 2         providing for repeal of certain local building

 3         code amendments; providing for readoption of

 4         such amendments as provided by law; providing

 5         requirements; providing an effective date.

 6  

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

 8  

 9         Section 1.  Paragraph (c) of subsection (7) of section

10  553.73, Florida Statutes, is amended to read:

11         553.73  Florida Building Code.--

12         (7)

13         (c)  The commission may not approve any proposed

14  amendment that does not accurately and completely address all

15  requirements for amendment which are set forth in this

16  section. The commission shall require all proposed amendments

17  to be reviewed by commission staff. Such amendments shall not

18  be considered by any deliberative body for inclusion in the

19  Florida Building Code if they do not meet the criteria

20  established in this section.

21         Section 2.  Paragraph (i) of subsection (1) of section

22  553.77, Florida Statutes, is amended to read:

23         553.77  Specific powers of the commission.--

24         (1)  The commission shall:

25         (i)  Determine the types of products requiring approval

26  for local or statewide use and shall provide for the

27  evaluation and approval of such products, materials, devices,

28  and method of construction for statewide use. The commission

29  may prescribe by rule a schedule of reasonable fees to provide

30  for evaluation and approval of products, materials, devices,

31  and methods of construction. Evaluation and approval shall be

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  by action of the commission or delegated pursuant to s.

 2  553.842. This paragraph does not apply to products approved by

 3  the State Fire Marshal.

 4         Section 3.  Subsection (14) of section 553.79, Florida

 5  Statutes, is amended to read:

 6         553.79  Permits; applications; issuance; inspections.--

 7         (14)  Certifications by contractors authorized under

 8  the provisions of s. 489.115(4)(b) shall be considered

 9  equivalent to sealed plans and specifications by a person

10  licensed under chapter 471 or chapter 481 by local enforcement

11  agencies for plans review for permitting purposes relating to

12  compliance with the wind resistance provisions of the code or

13  alternate methodologies approved by the commission for one and

14  two family dwellings. Local enforcement agencies may rely upon

15  such certification by contractors that the plans and

16  specifications submitted conform to the requirements of the

17  code for wind resistance. Upon good cause shown, local

18  government code enforcement agencies may accept or reject

19  plans sealed by persons licensed under chapter 471, chapter

20  481, or chapter 489. A truss placement plan shall not be

21  required to be signed and sealed by an engineer or architect.

22         Section 4.  Subsection (7) is added to section 553.80,

23  Florida Statutes, to read:

24         553.80  Enforcement.--

25         (7)  The governing bodies of local governments may

26  provide a schedule of reasonable fees, as authorized by s.

27  125.56(2) or s. 166.222 and this section, for the enforcement

28  of provisions of this part. Such fees, and any fines or

29  investment earnings related to such fees, shall be used solely

30  for carrying out the local government's responsibilities in

31  enforcing the Florida Building Code. When providing a schedule

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  of reasonable fees, total estimated annual revenue derived

 2  from fees, and fines and investment earnings related to such

 3  fees, shall not exceed the total estimated annual costs of

 4  allowable activities. Any unexpended balances must be carried

 5  forward to future years for allowable activities or shall be

 6  refunded. The basis for a fee structure for allowable

 7  activities shall relate to the level of service provided by

 8  the local government. Fees charged shall be consistently

 9  applied.

10         (a)  For purposes of this subsection, the term

11  "enforcing the Florida Building Code" includes the direct

12  costs and reasonable indirect costs associated with review of

13  building plans, building inspections, reinspections, building

14  permit processing, and building code enforcement. The term may

15  also include enforcement against unlicensed contractor

16  activity to the extent not funded with other user fees.

17  Enforcing the Florida Building Code specifically excludes the

18  following activities: any land-use-related activities,

19  including, but not limited to, reviews and enforcement

20  associated with comprehensive planning, zoning, site planning,

21  and concurrency; address assignment; inspections of

22  right-of-way; inspections of utility hookups outside a house;

23  arbor compliance; nonconstruction-related fire prevention

24  inspections of existing units; demolition; debris cleanup;

25  landscaping; environmental regulation and enforcement; the

26  enforcement of any other state or federal requirement; the

27  enforcement of any other local ordinance or local requirement;

28  and any other building or general government activity that

29  does not directly pertain to such activities in enforcing the

30  Florida Building Code. Costs of inspections of public

31  buildings for a reduced fee or no fee, and costs incurred in

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  connection with public information requests, community

 2  functions, boards, and programs that are not directly related

 3  to enforcement of the Florida Building Code, shall not be

 4  financed with fees adopted under this section.

 5         (b)  A local government shall use recognized

 6  management, accounting, and oversight practices to ensure that

 7  fees, fines, and investment earnings generated under this

 8  subsection are maintained and used solely for the purposes

 9  described in paragraph (a).

10         (c)  Local governments shall, to the greatest extent

11  possible or practicable, work with their local building

12  industries to create a review process to assist in

13  implementing and overseeing budgetary procedures and reports

14  for revenue and expenditures relating to building permit fees

15  and assist in offering suggestions or recommendations on the

16  use and amount of building permit fees and the level and type

17  of service provided to the local building industry.

18         Section 5.  Section 553.842, Florida Statutes, is

19  amended to read:

20         553.842  Product evaluation and approval.--

21         (1)  The commission shall adopt rules under ss.

22  120.536(1) and 120.54 to develop and implement a product

23  evaluation and approval system described in this section shall

24  apply that applies statewide to operate in coordination with

25  the Florida Building Code. The commission may enter into

26  contracts to provide for administration of the product

27  evaluation and approval system. The product evaluation and

28  approval system shall provide:

29         (a)  Appropriate promotion of innovation and new

30  technologies.

31  

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1         (b)  Processing submittals of products from

 2  manufacturers in a timely manner.

 3         (c)  Independent, third-party qualified and accredited

 4  testing and laboratory facilities, product evaluation

 5  entities, quality assurance agencies, certification agencies,

 6  and validation entities.

 7         (d)  An easily accessible product acceptance list to

 8  entities subject to the Florida Building Code.

 9         (e)  Development of stringent but reasonable testing

10  criteria based upon existing consensus standards, when

11  available, for products.

12         (f)  Long-term approvals, where feasible. State and

13  local approvals will be valid until the requirements of the

14  code on which the approval is based change, the product

15  changes in a manner affecting its performance as required by

16  the code, or the approval is revoked.

17         (g)  Criteria for revocation of a product approval.

18         (h)  Cost-effectiveness.

19         (2)  The product evaluation and approval system shall

20  rely on demonstration of compliance with national and

21  international consensus standards as, whenever adopted by the

22  Florida Building Code, for demonstrating compliance with code

23  standards. Other standards which meet or exceed the intent of

24  the Florida Building Code established state requirements shall

25  also be acceptable considered.

26         (3)  Such statewide product evaluation and approval

27  system shall grant approvals for use. The local building

28  official, through the plans review and inspection process,

29  shall determine whether the product, method, or system of

30  construction is used in accordance with its limitations of

31  use.

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1         (4)(3)  Products or methods or systems of construction

 2  for which there are specific that require approval under s.

 3  553.77, that have standardized testing or comparative or

 4  rational analysis methods established in by the Florida

 5  Building Code, and that are certified by an approved product

 6  evaluation entity, testing laboratory, or certification agency

 7  as complying with the standards specified by the code shall be

 8  approved for local or statewide use, by one of the methods

 9  established in subsection (6) without further evaluation, by

10  demonstrating compliance with their applicable standards

11  listed in the Florida Building Code through one of the

12  following methods.

13         (4)  By October 1, 2003, products or methods or systems

14  of construction requiring approval under s. 553.77 must be

15  approved by one of the methods established in subsection (5)

16  or subsection (6) before their use in construction in this

17  state. Products may be approved either by the commission for

18  statewide use, or by a local building department for use in

19  that department's jurisdiction only. Notwithstanding a local

20  government's authority to amend the Florida Building Code as

21  provided in this act, statewide approval shall preclude local

22  jurisdictions from requiring further testing, evaluation, or

23  submission of other evidence as a condition of using the

24  product so long as the product is being used consistent with

25  the conditions of its approval.

26         (5)  Local approval of products or methods or systems

27  of construction may be achieved by the local building official

28  through building plans review and inspection to determine that

29  the product, method, or system of construction complies with

30  the prescriptive standards established in the code.

31  

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  Alternatively, local approval may be achieved by one of the

 2  methods established in subsection (6).

 3         (6)  Statewide or local approval of products, methods,

 4  or systems of construction may be achieved by one of the

 5  following methods. One of these methods must be used by local

 6  officials or the commission to approve the following

 7  categories of products: panel walls, exterior doors, roofing,

 8  skylights, windows, shutters, and structural components as

 9  established by the commission by rule.

10         (a)  Products for which the code establishes

11  standardized testing or comparative or rational analysis

12  methods shall be approved by submittal and validation of one

13  of the following reports or listings indicating that the

14  product or method or system of construction was evaluated to

15  be in compliance with the Florida Building Code and that the

16  product or method or system of construction is, for the

17  purpose intended, at least equivalent to that required by the

18  Florida Building Code:

19         (a)1.  A certification mark or listing of an approved

20  certification agency;

21         (b)2.  A test report from an approved testing

22  laboratory;

23         (c)3.  A product evaluation report based upon testing

24  or comparative or rational analysis, or a combination thereof,

25  from an approved product evaluation entity; or

26         (d)4.  A product evaluation report based upon testing

27  or comparative or rational analysis, or a combination thereof,

28  developed and signed and sealed by a professional engineer or

29  architect, licensed in this state.

30  

31  

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  A product evaluation report or a certification mark or listing

 2  of an approved certification agency which demonstrates that

 3  the product or method or system of construction complies with

 4  the Florida Building Code for the purpose intended shall be

 5  equivalent to a test report and test procedure as referenced

 6  in the Florida Building Code.

 7         (5)(b)  Products, methods, or systems of construction

 8  for which there are no specific standardized testing or

 9  comparative or rational analysis methods established in the

10  Florida Building Code shall demonstrate compliance with the

11  intent of the code through may be approved by submittal and

12  validation of one of the following:

13         (a)1.  A product evaluation report based upon testing

14  or comparative or rational analysis, or a combination thereof,

15  from an approved product evaluation entity indicating that the

16  product or method or system of construction was evaluated to

17  be in compliance with the intent of the Florida Building Code

18  and that the product or method or system of construction is,

19  for the purpose intended, at least equivalent to that required

20  by the Florida Building Code; or

21         (b)2.  A product evaluation report based upon testing

22  or comparative or rational analysis, or a combination thereof,

23  developed and signed and sealed by a professional engineer or

24  architect, licensed in this state, who certifies that the

25  product or method or system of construction was evaluated to

26  be in compliance with the intent of the Florida Building Code

27  and that the product or method or system of construction is,

28  for the purpose intended, at least equivalent to that required

29  by the Florida Building Code.

30         (6)  Products that are specifically addressed in the

31  code through prescriptive provisions may be approved for use

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  in accordance with the building plan review and inspection

 2  process.

 3         (7)  Structural components comprised of materials or

 4  products that are assembled or placed in the field and are

 5  subject to standardized field testing procedures contained

 6  within nationally recognized standards adopted by the Florida

 7  Building Code may demonstrate compliance by a batch ticket or

 8  bill of lading made available at the site of assembly or

 9  placement. The commission shall ensure that product

10  manufacturers operate quality assurance programs for all

11  approved products. The commission shall adopt by rule criteria

12  for operation of the quality assurance programs.

13         (8)  For local approvals, validation shall be performed

14  by the local building official. The commission shall adopt by

15  rule criteria constituting complete validation by the local

16  official, including, but not limited to, criteria governing

17  verification of a quality assurance program. For state

18  approvals, validation shall be performed by validation

19  entities approved by the commission. The commission shall

20  adopt by rule criteria for approval of validation entities,

21  which shall be third-party entities independent of the

22  product's manufacturer and which shall certify to the

23  commission the product's compliance with the code.

24         (8)(11)  Products, other than manufactured buildings,

25  which are custom fabricated or assembled shall not require

26  separate approval under this section provided the component

27  parts have been approved for the fabricated or assembled

28  product's use and the components meet the standards and

29  requirements of the Florida Building Code which apply applies

30  to the product's intended use.

31  

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1         (9)  Product approvals shall be valid until such time

 2  as the product changes, decreasing the product's performance,

 3  or the standards or intent of the Florida Building Code

 4  affecting the product change.

 5         (10)  Notwithstanding a local government's authority to

 6  amend the Florida Building Code as provided in this section,

 7  local jurisdictions are precluded from requiring further

 8  testing, test reports, evaluation, or submission of other

 9  evidence as a condition of using the product so long as the

10  product is being used in a manner consistent with the

11  conditions of its approval.

12         (11)(10)  A building official may deny the local use

13  application of a product or method or system of construction

14  that which has been approved received statewide approval,

15  based upon a written report signed by the official that

16  concludes the product application is inconsistent with the

17  statewide approval and that states the reasons the application

18  is inconsistent. Such denial is subject to the provisions of

19  s. 553.77 governing appeal of the building official's

20  interpretation of the code.

21         (12)  A building official may appeal the required

22  approval for local use of a product or method or system of

23  construction to the commission. The commission shall conduct a

24  hearing under chapter 120 and the uniform rules of procedure

25  and shall handle such appeals in an expedited manner.

26         (13)  The decisions of local building officials shall

27  be appealable to the local board of appeals, if such board

28  exists, and then to the commission, which shall conduct a

29  hearing under chapter 120 and the uniform rules of procedure.

30  Decisions of the commission regarding statewide product

31  

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  approvals and appeals of local product approval shall be

 2  subject to judicial review pursuant to s. 120.68.

 3         (14)(9)  The commission shall may adopt rules to

 4  approve product evaluation entities, testing laboratories,

 5  certification agencies, and quality assurance agencies the

 6  following types of entities that produce information on which

 7  product approvals are based. All of the following entities,

 8  including engineers and architects, must comply with a

 9  nationally recognized standard demonstrating independence or

10  no conflict of interest.:

11         (a)  Evaluation entities that meet the criteria for

12  approval adopted by the commission by rule. The commission

13  shall specifically approve the National Evaluation Service,

14  the International Conference of Building Officials Evaluation

15  Services, the Building Officials and Code Administrators

16  International Evaluation Services, the Southern Building Code

17  Congress International Evaluation Services, the International

18  Code Council Evaluation Service, and the Miami-Dade County

19  Building Code Compliance Office Product Control. Architects

20  and engineers licensed in this state are also approved to

21  conduct product evaluations as provided in subsection (6).

22         (b)  The commission shall approve testing laboratories

23  accredited by national organizations, such as A2LA and the

24  National Voluntary Laboratory Accreditation Program,

25  laboratories accredited by evaluation entities approved under

26  paragraph (a), and laboratories that comply with other

27  guidelines for testing laboratories selected by the commission

28  and adopted by rule.

29         (c)  The commission shall approve quality assurance

30  entities approved by evaluation entities approved under

31  paragraph (a) and by certification agencies approved under

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  paragraph (d) and other quality assurance entities that comply

 2  with guidelines selected by the commission and adopted by

 3  rule.

 4         (d)  The commission shall approve certification

 5  agencies accredited by nationally recognized accreditors and

 6  other certification agencies that comply with guidelines

 7  selected by the commission and adopted by rule.

 8         (e)  Validation entities that comply with accreditation

 9  standards established by the commission by rule.

10         (15)(14)  The commission shall maintain a list of the

11  approved state-approved products, product evaluation entities,

12  testing laboratories, quality assurance agencies, and

13  certification agencies, and validation entities and make such

14  lists available in the most cost-effective and timely manner.

15  The commission shall establish reasonable timeframes

16  associated with the product approval process and availability

17  of the lists.

18         (16)(15)  The commission shall by rule establish

19  criteria for revocation of product approvals as well as

20  revocation of approvals of product evaluation entities,

21  testing laboratories, quality assurance entities, and

22  certification agencies, and validation entities. Revocation is

23  governed by s. 120.60 and the uniform rules of procedure.

24         (17)  The product evaluation approval system shall take

25  effect October 1, 2003.

26         (16)  The commission shall establish a schedule for

27  adoption of the rules required in this section to ensure that

28  the product manufacturing industry has sufficient time to

29  revise products to meet the requirements for approval and

30  submit them for testing or evaluation before the system takes

31  

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    Florida Senate - 2003                                  SB 2730
    21-1605-03                                         See HB 1375




 1  effect on October 1, 2003, and to ensure that the availability

 2  of statewide approval is not delayed.

 3         Section 6.  The Florida Building Commission is

 4  authorized to expedite the adoption and implementation of the

 5  existing state building code as part of the Florida Building

 6  Code pursuant only to the provisions of chapter 120, Florida

 7  Statutes. The special update and amendment requirements of

 8  section 553.73, Florida Statutes, and the administrative rule

 9  requiring additional delay time between adoption and

10  implementation of such code are waived.

11         Section 7.  (1)  Before the 2004 Regular Session of the

12  Legislature, the Florida Building Commission shall submit to

13  the Legislature, for review and approval or rejection, the

14  Florida Building Code adopted by the commission and shall

15  prepare a list of recommendations of revisions to the Florida

16  Statutes necessitated by adoption of the Florida Building Code

17  if the Legislature approves the Florida Building Code.

18         (2)  Upon approval of the Florida Building Code by the

19  Legislature, all existing local technical amendments to any

20  building code adopted by any local government are repealed.

21  Each local government may readopt such amendments pursuant to

22  section 553.73, Florida Statutes, provided such amendments

23  comply with applicable provisions of the Florida Building

24  Code.

25         Section 8.  This act shall take effect upon becoming a

26  law.

27  

28  

29  

30  

31  

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