Senate Bill sb0518c1

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    Florida Senate - 2003        (Corrected Copy)    CS for SB 518

    By the Committee on Regulated Industries; and Senator
    Constantine




    315-2166-03

  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         providing requirements relating to regional

  6         emergency elevator access; requiring elevators

  7         in certain newly constructed or substantially

  8         renovated buildings to be keyed alike within

  9         each of the state emergency response regions;

10         providing for these requirements to be phased

11         in for certain existing buildings; restricting

12         the duplication and issuance of master elevator

13         keys; requiring the labeling of master elevator

14         keys; allowing local fire marshals to allow

15         substitute emergency measures for elevator

16         access in certain circumstances; providing for

17         appeal of the local fire marshal's decision;

18         providing for the State Fire Marshal to enforce

19         these provisions; encouraging builders to use

20         applicable new technology to provide regional

21         emergency elevator access; amending s. 553.77,

22         F.S.; revising duties of the Florida Building

23         Commission; deleting requirements that the

24         commission hear certain appeals and issue

25         declaratory statements; creating s. 553.775,

26         F.S.; providing legislative intent with respect

27         to the interpretation of the Florida Building

28         Code; providing for the commission to resolve

29         disputes regarding interpretations of the code;

30         requiring the commission to review decisions of

31         local building officials and local enforcement

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 1         agencies; providing for publication of an

 2         interpretation on the Building Code Information

 3         System and in the Florida Administrative

 4         Weekly; amending s. 553.79, F.S.; exempting

 5         truss placement plans from certain

 6         requirements; amending ss. 553.791 and 553.80,

 7         F.S.; authorizing local governments to impose

 8         certain fees for code enforcement; providing

 9         requirements and limitations; amending s.

10         553.842, F.S.; revising requirements,

11         procedures, and limitations relating to a

12         product evaluation and approval system;

13         deleting Florida Building Commission authority

14         to adopt certain rules and enter into certain

15         contracts to administer the product evaluation

16         and approval system; deleting system criteria;

17         deleting provisions relating to local or

18         statewide approval of products or methods or

19         systems of construction; deleting provisions

20         relating to certifications by approved product

21         evaluation entities, testing laboratories, or

22         certification agencies; revising commission

23         rulemaking authority; revising commission

24         responsibilities; authorizing the commission to

25         expedite adoption and implementation of the

26         existing state building code as part of the

27         Florida Building Code pursuant to limited

28         procedures; authorizing local governments to

29         readopt certain amendments that were repealed

30         from the prior Florida Building Code; amending

31         s. 120.80, F.S.; authorizing the Florida

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 1         Building Commission to conduct proceedings to

 2         review decisions of local officials; creating

 3         the Florida Construction Council as a nonprofit

 4         corporation; requiring the council to provide

 5         administrative, technical, and code-development

 6         services to the Florida Building Commission;

 7         providing for staff for the council to be

 8         provided by Florida State University; providing

 9         for a board of directors; providing terms of

10         office; providing requirements for operations;

11         providing rulemaking authority; amending s.

12         399.106, F.S.; revising the membership of the

13         Elevator Safety Technical Advisory Committee;

14         removing provisions terminating the committee;

15         providing an effective date.

16  

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

18  

19         Section 1.  Subsections (2) and (6) and paragraphs (a)

20  and (c) of subsection (7) of section 553.73, Florida Statutes,

21  are amended to read:

22         553.73  Florida Building Code.--

23         (2)  The Florida Building Code shall contain provisions

24  or requirements for public and private buildings, structures,

25  and facilities relative to structural, mechanical, electrical,

26  plumbing, energy, and gas systems, existing buildings,

27  historical buildings, manufactured buildings, elevators,

28  coastal construction, lodging facilities, food sales and food

29  service facilities, health care facilities, including assisted

30  living facilities, adult day care facilities, hospice

31  residential facilities, inpatient facilities, and facilities

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 1  for the control of radiation hazards, public or private

 2  educational facilities, swimming pools, and correctional

 3  facilities and enforcement of and compliance with such

 4  provisions or requirements. Further, the Florida Building Code

 5  must provide for uniform implementation of ss. 515.25, 515.27,

 6  and 515.29 by including standards and criteria for residential

 7  swimming pool barriers, pool covers, latching devices, door

 8  and window exit alarms, and other equipment required therein,

 9  which are consistent with the intent of s. 515.23. Technical

10  provisions to be contained within the Florida Building Code

11  are restricted to requirements related to the types of

12  materials used and construction methods and standards employed

13  in order to meet criteria specified in the Florida Building

14  Code. Provisions relating to the personnel, supervision or

15  training of personnel, or any other professional qualification

16  requirements relating to contractors or their workforce may

17  not be included within the Florida Building Code, and

18  subsections (4), (5), (6), and (7) are not to be construed to

19  allow the inclusion of such provisions within the Florida

20  Building Code by amendment. This restriction applies to both

21  initial development and amendment of the Florida Building

22  Code.

23         (6)  The commission, by rule adopted pursuant to ss.

24  120.536(1) and 120.54, shall update the Florida Building Code

25  every 3 years. When updating the Florida Building Code, the

26  commission shall consider changes made by the adopting entity

27  of any selected model code for any model code incorporated

28  into the Florida Building Code, and may subsequently adopt the

29  new edition or successor of the model code or any part of such

30  code, no sooner than 6 months after it such model code has

31  been adopted by the adopting organization, which may then be

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 1  modified for this state as provided in this section, and shall

 2  further consider the commission's own interpretations,

 3  declaratory statements, appellate decisions, and approved

 4  statewide and local technical amendments. A change made by an

 5  institute or standards organization to any standard or

 6  criterion that is adopted by reference in the Florida Building

 7  Code does not become effective statewide until it has been

 8  adopted by the commission. Furthermore, the edition of the

 9  Florida Building Code which is in effect on the date of

10  application for any permit authorized by the code governs the

11  permitted work for the life of the permit and any extension

12  granted to the permit. Any amendment to the Florida Building

13  Code which is adopted upon a finding by the commission that

14  the amendment is necessary to protect the public from

15  immediate threat of harm takes effect immediately.

16         (7)(a)  The commission may approve technical amendments

17  to the Florida Building Code once each year for statewide or

18  regional application upon a finding that the amendment:

19         1.  Has a reasonable and substantial connection with

20  the health, safety, and welfare of the general public.

21         2.  Strengthens or improves the Florida Building Code,

22  or in the case of innovation or new technology, will provide

23  equivalent or better products or methods or systems of

24  construction.

25         3.  Does not discriminate against materials, products,

26  methods, or systems of construction of demonstrated

27  capabilities.

28         4.  Does not degrade the effectiveness of the Florida

29  Building Code.

30  

31  

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 1  Furthermore, the Florida Building Commission may approve

 2  technical amendments to the code once each year to incorporate

 3  into the Florida Building Code its own interpretations of the

 4  code which are embodied in its opinions, final orders, and

 5  declaratory statements, and in interpretations of hearing

 6  officer panels under s. 553.775(3)(c). Amendments approved

 7  under this paragraph shall be adopted by rule pursuant to ss.

 8  120.536(1) and 120.54, after the amendments have been

 9  subjected to the provisions of subsection (3).

10         (c)  The commission may not approve any proposed

11  amendment that does not accurately and completely address all

12  requirements for amendment which are set forth in this

13  section. The commission shall require all proposed amendments

14  and information submitted with proposed amendments to be

15  reviewed by commission staff prior to consideration by any

16  technical advisory committee. These reviews shall be for

17  sufficiency only and are not intended to be qualitative in

18  nature. Staff members shall reject any proposed amendment that

19  fails to include a fiscal impact statement providing

20  information responsive to all criteria identified. Proposed

21  amendments rejected by members of the staff may not be

22  considered by the commission or any technical advisory

23  committee.

24         Section 2.  Regional emergency elevator access.--

25         (1)  In order to provide emergency access to elevators:

26         (a)  For each building in this state which is six or

27  more stories in height, including, but not limited to, hotels

28  and condominiums, and on which construction is begun after

29  June 30, 2003, all of the keys for elevators that allow public

30  access, including, but not limited to, service and freight

31  elevators, must be keyed so as to allow all elevators within

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 1  each of the seven state emergency response regions to be

 2  opened with one master elevator key.

 3         (b)  Any building in this state which is six or more

 4  stories in height and is "substantially renovated" as defined

 5  in the Americans with Disabilities Act, as amended, after June

 6  30, 2003, must also comply with paragraph (a).

 7         (2)  Each existing building in this state which is six

 8  or more stories in height must comply with subsection (1)

 9  before July 1, 2006.

10         (3)  In addition to elevator owners, owners' agents,

11  elevator contractors, state certified inspectors, and state

12  agency representatives, master elevator keys may be issued

13  only to the fire department and may not be issued to any other

14  emergency-response agency. A person may not duplicate a master

15  elevator key for issuance to, or issue such a key to, anyone

16  other than authorized fire-department personnel. Each master

17  elevator key must be marked "DO NOT DUPLICATE."

18         (4)  If it is technically impossible to bring a

19  building into compliance with this section, the local fire

20  marshal may allow substitute emergency measures that will

21  provide reasonable emergency elevator access. The local fire

22  marshal's decision regarding substitute measures may be

23  appealed to the State Fire Marshal.

24         (5)  The Division of State Fire Marshal of the

25  Department of Financial Services shall enforce this section.

26         (6)  Builders should make every effort to use new

27  technology and developments in keying systems which make it

28  possible to convert existing equipment so as to provide

29  efficient regional emergency elevator access.

30         Section 3.  Section 553.77, Florida Statutes, is

31  amended to read:

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 1         553.77  Specific powers of the commission.--

 2         (1)  The commission shall:

 3         (a)  Adopt and update the Florida Building Code or

 4  amendments thereto, pursuant to ss. 120.536(1) and 120.54.

 5         (b)  Make a continual study of the operation of the

 6  Florida Building Code and other laws relating to the design,

 7  construction, erection, alteration, modification, repair, or

 8  demolition of public or private buildings, structures, and

 9  facilities, including manufactured buildings, and code

10  enforcement, to ascertain their effect upon the cost of

11  building construction and determine the effectiveness of their

12  provisions. Upon updating the Florida Building Code every 3

13  years, the commission shall review existing provisions of law

14  and make recommendations to the Legislature for the next

15  regular session of the Legislature regarding provisions of law

16  that should be revised or repealed to ensure consistency with

17  the Florida Building Code at the point the update goes into

18  effect. State agencies and local jurisdictions shall provide

19  such information as requested by the commission for evaluation

20  of and recommendations for improving the effectiveness of the

21  system of building code laws for reporting to the Legislature

22  annually. Failure to comply with this or other requirements of

23  this act must be reported to the Legislature for further

24  action. Any proposed legislation providing for the revision or

25  repeal of existing laws and rules relating to technical

26  requirements applicable to building structures or facilities

27  should expressly state that such legislation is not intended

28  to imply any repeal or sunset of existing general or special

29  laws governing any special district that are not specifically

30  identified in the legislation.

31  

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 1         (c)  Upon written application by any substantially

 2  affected person or a local enforcement agency, issue

 3  declaratory statements pursuant to s. 120.565 relating to new

 4  technologies, techniques, and materials which have been tested

 5  where necessary and found to meet the objectives of the

 6  Florida Building Code. This paragraph does not apply to the

 7  types of products, materials, devices, or methods of

 8  construction required to be approved under paragraph (f) (i).

 9         (d)  Upon written application by any substantially

10  affected person, state agency, or a local enforcement agency,

11  issue declaratory statements pursuant to s. 120.565 relating

12  to the enforcement or administration by local governments of

13  the Florida Building Code. Paragraph (h) provides the

14  exclusive remedy for addressing local interpretations of the

15  code.

16         (e)  When requested in writing by any substantially

17  affected person, state agency, or a local enforcing agency,

18  shall issue declaratory statements pursuant to s. 120.565

19  relating to this part and ss. 515.25, 515.27, 515.29, and

20  515.37.  Actions of the commission are subject to judicial

21  review pursuant to s. 120.68.

22         (d)(f)  Make recommendations to, and provide assistance

23  upon the request of, the Florida Commission on Human Relations

24  regarding rules relating to accessibility for persons with

25  disabilities.

26         (e)(g)  Participate with the Florida Fire Code Advisory

27  Council created under s. 633.72, to provide assistance and

28  recommendations relating to firesafety code interpretations.

29  The administrative staff of the commission shall attend

30  meetings of the Florida Fire Code Advisory Council and

31  coordinate efforts to provide consistency between the Florida

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 1  Building Code and the Florida Fire Prevention Code and the

 2  Life Safety Code.

 3         (h)  Hear appeals of the decisions of local boards of

 4  appeal regarding interpretation decisions of local building

 5  officials, or if no local board exists, hear appeals of

 6  decisions of the building officials regarding interpretations

 7  of the code.  For such appeals:

 8         1.  Local decisions declaring structures to be unsafe

 9  and subject to repair or demolition shall not be appealable to

10  the commission if the local governing body finds there is an

11  immediate danger to the health and safety of its citizens.

12         2.  All appeals shall be heard in the county of the

13  jurisdiction defending the appeal.

14         3.  Hearings shall be conducted pursuant to chapter 120

15  and the uniform rules of procedure, and decisions of the

16  commission are subject to judicial review pursuant to s.

17  120.68.

18         (f)(i)  Determine the types of products requiring

19  approval for local or statewide use and shall provide for the

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

21  and method of construction for statewide use. The commission

22  may Prescribe by rule a schedule of reasonable fees to provide

23  for evaluation and approval of product evaluation entities,

24  testing laboratories, certification agencies, and quality

25  assurance agencies products, materials, devices, and methods

26  of construction. Evaluation and approval shall be by action of

27  the commission or delegated pursuant to s. 553.842. This

28  paragraph does not apply to products approved by the State

29  Fire Marshal.

30         (g)(j)  Appoint experts, consultants, technical

31  advisers, and advisory committees for assistance and

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 1  recommendations relating to the major areas addressed in the

 2  Florida Building Code.

 3         (h)(k)  Establish and maintain a mutual aid program,

 4  organized through the department, to provide an efficient

 5  supply of various levels of code enforcement personnel, design

 6  professionals, commercial property owners, and construction

 7  industry individuals, to assist in the rebuilding effort in an

 8  area which has been hit with disaster.  The program shall

 9  include provisions for:

10         1.  Minimum postdisaster structural, electrical, and

11  plumbing inspections and procedures.

12         2.  Emergency permitting and inspection procedures.

13         3.  Establishing contact with emergency management

14  personnel and other state and federal agencies.

15         (i)(l)  Maintain a list of interested parties for

16  noticing rulemaking workshops and hearings, disseminating

17  information on code adoption, revisions, amendments, and all

18  other such actions which are the responsibility of the

19  commission.

20         (j)(m)  Coordinate with the state and local

21  governments, industry, and other affected stakeholders in the

22  examination of legislative provisions and make recommendations

23  to fulfill the responsibility to develop a consistent, single

24  code.

25         (k)(n)  Provide technical assistance to local building

26  departments in order to implement policies, procedures, and

27  practices which would produce the most cost-effective property

28  insurance ratings.

29         (l)(o)  Develop recommendations for local governments

30  to use when pursuing partial or full privatization of building

31  department functions. The recommendations shall include, but

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 1  not be limited to, provisions relating to equivalency of

 2  service, conflict of interest, requirements for competency,

 3  liability, insurance, and long-term accountability.

 4         (2)  Upon written application by any substantially

 5  affected person, the commission shall issue a declaratory

 6  statement pursuant to s. 120.565 relating to a state agency's

 7  interpretation and enforcement of the specific provisions of

 8  the Florida Building Code the agency is authorized to enforce.

 9  The provisions of this subsection shall not be construed to

10  provide any powers, other than advisory, to the commission

11  with respect to any decision of the State Fire Marshal made

12  pursuant to the provisions of chapter 633.

13         (3)  The commission may designate a commission member

14  with demonstrated expertise in interpreting building plans to

15  attend each meeting of the advisory council created in s.

16  553.512.  The commission member may vary from meeting to

17  meeting, shall serve on the council in a nonvoting capacity,

18  and shall receive per diem and expenses as provided in s.

19  553.74(3).

20         (2)(4)  For educational and public information

21  purposes, the commission shall develop and publish an

22  informational and explanatory document which contains

23  descriptions of the roles and responsibilities of the licensed

24  design professional, residential designer, contractor, and

25  local building and fire code officials. The State Fire Marshal

26  shall be responsible for developing and specifying roles and

27  responsibilities for fire code officials. Such document may

28  also contain descriptions of roles and responsibilities of

29  other participants involved in the building codes system.

30         (3)(5)  The commission may provide by rule for plans

31  review and approval of prototype buildings owned by public and

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 1  private entities to be replicated throughout the state. The

 2  rule must allow for review and approval of plans for prototype

 3  buildings to be performed by a public or private entity with

 4  oversight by the commission. The department may charge

 5  reasonable fees to cover the administrative costs of the

 6  program. Such approved plans or prototype buildings shall be

 7  exempt from further review required by s. 553.79(2), except

 8  changes to the prototype design, site plans, and other

 9  site-related items. As provided in s. 553.73, prototype

10  buildings are exempt from any locally adopted amendment to any

11  part of the Florida Building Code. Construction or erection of

12  such prototype buildings is subject to local permitting and

13  inspections pursuant to this part.

14         (4)(6)  The commission may produce and distribute a

15  commentary document to accompany the Florida Building Code.

16  The commentary must be limited in effect to providing

17  technical assistance and must not have the effect of binding

18  interpretations of the code document itself.

19         (7)  The commission shall by rule establish an informal

20  process of rendering nonbinding interpretations of the Florida

21  Building Code.  The commission is specifically authorized to

22  refer interpretive issues to organizations that represent

23  those engaged in the construction industry.  The commission is

24  directed to immediately implement the process prior to the

25  completion of formal rulemaking.  It is the intent of the

26  Legislature that the commission create a process to refer

27  questions to a small, rotating group of individuals licensed

28  under part XII of chapter 468, to which a party can pose

29  questions regarding the interpretation of code provisions.  It

30  is the intent of the Legislature that the process provide for

31  the expeditious resolution of the issues presented and

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 1  publication of the resulting interpretation on the Building

 2  Code Information System.  Such interpretations are to be

 3  advisory only and nonbinding on the parties or the commission.

 4         Section 4.  Section 553.775, Florida Statutes, is

 5  created to read:

 6         553.775  Interpretations.--

 7         (1)  It is the intent of the Legislature that the

 8  Florida Building Code be interpreted by building officials,

 9  local enforcement agencies, and the commission in a manner

10  that protects the public safety, health, and welfare at the

11  most reasonable cost to the consumer by ensuring uniform

12  interpretations throughout the state and by providing

13  processes for resolving disputes regarding interpretations of

14  the Florida Building Code which are just and expeditious.

15         (2)  Local enforcement agencies, local building

16  officials, state agencies, and the commission shall interpret

17  provisions of the Florida Building Code in a manner that is

18  consistent with declaratory statements and interpretations

19  entered by the commission, except that conflicts between the

20  Florida Fire Prevention Code and the Florida Building Code

21  shall be resolved in accordance with s. 553.73(9)(c) and (d).

22         (3)  The following procedures may be invoked to resolve

23  disputes regarding interpretations of the Florida Building

24  Code:

25         (a)  Upon written application by any substantially

26  affected person, state agency, or a local enforcement agency,

27  the commission shall issue declaratory statements pursuant to

28  s. 120.565 relating to the enforcement or administration by

29  local governments of the Florida Building Code. Paragraph (c)

30  provides the exclusive remedy for addressing requests to

31  

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 1  review local interpretations of the code and appeals from

 2  review proceedings.

 3         (b)  When requested in writing by any substantially

 4  affected person, state agency, or a local enforcing agency,

 5  the commission shall issue a declaratory statement pursuant to

 6  s. 120.565 relating to this part and ss. 515.25, 515.27,

 7  515.29, and 515.37. Actions of the commission are subject to

 8  judicial review under s. 120.68.

 9         (c)  The commission shall review decisions of local

10  building officials and local enforcement agencies regarding

11  interpretations of the Florida Building Code as follows:

12         1.  The commission shall coordinate with a statewide

13  organization of municipal and county codes enforcement

14  officials to designate panels composed of three hearing

15  officers to hear requests to review decisions of local

16  building officials. The hearing officers must be members of a

17  statewide organization of codes enforcement officials, must be

18  licensed as building code administrators or building officials

19  under part XII of chapter 468, and must have experience

20  interpreting and enforcing provisions of the Florida Building

21  Code.

22         2.  Requests to review a decision of a local building

23  official interpreting provisions of the Florida Building Code

24  may be initiated by any substantially affected person,

25  including an owner or builder subject to a decision of a local

26  building official, or an association of owners or builders

27  with members who are subject to a decision of a local building

28  official. In order to initiate review, the substantially

29  affected person must file a petition with the commission. Each

30  petition must contain:

31  

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 1         a.  The name and address of the county or municipality

 2  in which provisions of the Florida Building Code are being

 3  interpreted.

 4         b.  The name and address of the local building official

 5  who has made the interpretation being appealed.

 6         c.  The name, address, and telephone number of the

 7  petitioner; the name, address, and telephone number of the

 8  petitioner's representative, if any; and an explanation of how

 9  the petitioner's substantial interests are being affected by

10  the local interpretation of the Florida Building Code.

11         d.  A statement of the provisions of the Florida

12  Building Code which are being interpreted by the local

13  building official.

14         e.  A statement of the interpretation given to

15  provisions of the Florida Building Code by the local building

16  official and the manner in which the interpretation was

17  rendered.

18         f.  A statement of the interpretation that the

19  petitioner contends should be given to the provisions of the

20  Florida Building Code and a statement supporting the

21  petitioner's interpretation.

22         3.  Upon receipt of a petition that meets the

23  requirements of subparagraph 2., the commission shall

24  immediately provide copies of the petition to a panel of three

25  designated hearing officers, to the county or municipality,

26  and to the local building official, and shall publish a copy

27  of the petition on the Building Code Information System.

28         4.  Within 5 days after receipt of a petition, the

29  local building official shall respond in writing. The written

30  response must contain:

31  

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 1         a.  A statement admitting or denying the statements

 2  contained in the petition.

 3         b.  A statement of the interpretation of the provisions

 4  of the Florida Building Code which the local jurisdiction or

 5  the local building official contends is correct, and a

 6  statement supporting the local jurisdiction or local building

 7  official's interpretation.

 8  

 9  If no response is filed, the review proceeding shall proceed

10  immediately as provided in subparagraph 7.

11         5.  Within 3 days after receipt of the response, the

12  petitioner shall file a written reply addressing the matters

13  raised in the response.

14         6.  The response and the reply shall be published on

15  the Building Code Information System in a manner that allows

16  interested persons to address the issues by posting comments.

17  If a response is not filed in accordance with paragraph 4.,

18  the commission shall publish notice that no response has been

19  filed on the Building Code Information System in a manner that

20  allows interested persons to address the issues by posting

21  comments.

22         7.  The hearing officer panel shall conduct proceedings

23  as necessary to resolve the issues; shall give due regard to

24  the petition, the response, the reply, and to comments posed

25  on the Building Code Information System; and shall issue an

26  interpretation regarding the provisions of the Florida

27  Building Code within 5 days after the filing of the reply by

28  the petitioner. The hearing officer panel shall render a

29  determination based upon the intent of the code. The hearing

30  officer panel's interpretation shall be provided to the

31  commission, which shall publish the interpretation on the

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 1  Building Code Information System and in the Florida

 2  Administrative Weekly. The interpretation shall be considered

 3  an interpretation entered by the commission, and shall be

 4  binding upon the parties and upon all jurisdictions subject to

 5  the Florida Building Code, unless it is superseded by a

 6  declaratory statement issued by the Florida Building

 7  Commission or by a final order entered after an appeal

 8  proceeding conducted in accordance with subparagraph 9.

 9         8.  It is the intent of the Legislature that review

10  proceedings be completed within 15 days after the date that a

11  petition seeking review is filed with the commission, and the

12  time periods set forth in this paragraph may be waived only

13  upon consent of all parties.

14         9.  Any substantially affected person may appeal an

15  interpretation rendered by a hearing officer panel by filing a

16  petition with the commission. Such appeals shall be initiated

17  in accordance with chapter 120 and the uniform rules of

18  procedure, and must be filed within 30 days after publication

19  of the interpretation on the Building Code Information System

20  or in the Florida Administrative Weekly. Hearings shall be

21  conducted pursuant to chapter 120 and the uniform rules of

22  procedure. Decisions of the commission are subject to judicial

23  review pursuant to s. 120.68. The final order of the

24  commission is binding upon the parties and upon all

25  jurisdictions subject to the Florida Building Code.

26         10.  The burden of proof in any proceeding initiated in

27  accordance with subparagraph 9. shall be on the party who

28  initiated the appeal.

29         11.  In any review proceeding initiated in accordance

30  with this paragraph, including any proceeding initiated in

31  accordance with subparagraph 9., the fact that an owner or

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 1  builder has proceeded with construction shall not be grounds

 2  for determining the issues to be moot, if the issue is one

 3  that is likely to arise in the future.

 4         12.  In any proceeding initiated in accordance with

 5  subparagraph 9., the commission shall award costs, including

 6  reasonable attorney's fees, to the prevailing party if it is

 7  determined that the interpretation given to provisions of the

 8  Florida Building Code by the nonprevailing party was

 9  unreasonable. An interpretation shall be deemed unreasonable

10  if it is contrary to a prior declaratory statement issued by

11  the commission or to a final order issued under a prior appeal

12  initiated under subparagraph 9.

13         (d)  Local decisions declaring structures to be unsafe

14  and subject to repair or demolition are not subject to review

15  under this subsection and may not be appealed to the

16  commission if the local governing body finds that there is an

17  immediate danger to the health and safety of the public.

18         (e)  Upon written application by any substantially

19  affected person, the commission shall issue a declaratory

20  statement pursuant to s. 120.565 relating to an agency's

21  interpretation and enforcement of the specific provisions of

22  the Florida Building Code which the agency is authorized to

23  enforce. This subsection does not provide any powers, other

24  than advisory, to the commission with respect to any decision

25  of the State Fire Marshal made pursuant to chapter 633.

26         (f)  The commission may designate a commission member

27  with demonstrated expertise in interpreting building plans to

28  attend each meeting of the advisory council created in s.

29  553.512. The commission member may vary from meeting to

30  meeting, shall serve on the council in a nonvoting capacity,

31  

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 1  and shall receive per diem and expenses as provided in s.

 2  553.74(3).

 3         (g)  The commission shall by rule establish an informal

 4  process of rendering nonbinding interpretations of the Florida

 5  Building Code. The commission is specifically authorized to

 6  refer interpretive issues to organizations that represent

 7  those engaged in the construction industry. The commission

 8  shall immediately implement the process prior to the

 9  completion of formal rulemaking. It is the intent of the

10  Legislature that the commission create a process to refer

11  questions to a small, rotating group of individuals licensed

12  under part XII of chapter 468, to which a party may pose

13  questions regarding the interpretation of code provisions. It

14  is the intent of the Legislature that the process provide for

15  the expeditious resolution of the issues presented and

16  publication of the resulting interpretation on the Building

17  Code Information System. Such interpretations shall be

18  advisory only and nonbinding on the parties and the

19  commission.

20         Section 5.  Subsection (14) of section 553.79, Florida

21  Statutes, is amended to read:

22         553.79  Permits; applications; issuance; inspections.--

23         (14)  Certifications by contractors authorized under

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

25  equivalent to sealed plans and specifications by a person

26  licensed under chapter 471 or chapter 481 by local enforcement

27  agencies for plans review for permitting purposes relating to

28  compliance with the wind resistance provisions of the code or

29  alternate methodologies approved by the commission for one and

30  two family dwellings. Local enforcement agencies may rely upon

31  such certification by contractors that the plans and

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 1  specifications submitted conform to the requirements of the

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

 3  government code enforcement agencies may accept or reject

 4  plans sealed by persons licensed under chapter 471, chapter

 5  481, or chapter 489. A truss placement plan is not required to

 6  be signed and sealed by an engineer or architect unless

 7  specifically required by the Florida Building Code.

 8         Section 6.  Subsections (2) and (4) of section 553.791,

 9  Florida Statutes, are amended to read:

10         553.791  Alternative plans review and inspection.--

11         (2)  Notwithstanding any other provision of law or

12  local government ordinance or local policy to the contrary,

13  the fee owner of a building, or the fee owner's contractor

14  upon written authorization from the fee owner, may choose to

15  use a private provider to provide building code inspection

16  services with regard to such building and may make payment

17  directly to the private provider for the provision of such

18  services.  All such services shall be the subject of a written

19  contract between the private provider, or the private

20  provider's firm, and the fee owner. The fee owner may elect to

21  use a private provider to provide either plans review or

22  required building inspections. The local building official, in

23  his or her discretion and pursuant to duly adopted policies of

24  the local enforcement agency, may require the fee owner who

25  desires to use a private provider to use the private provider

26  to provide both plans review and required building inspection

27  services.

28         (4)  A fee owner or the fee owner's contractor using a

29  private provider to provide building code inspection services

30  shall notify the local building official at the time of permit

31  application or prior to a private provider providing building

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 1  code inspection services on a form to be adopted by the

 2  commission. This notice shall include the following

 3  information:

 4         (a)  The services to be performed by the private

 5  provider.

 6         (b)  The name, firm, address, telephone number, and

 7  facsimile number of each private provider who is performing or

 8  will perform such services, his or her professional license or

 9  certification number, qualification statements or resumes,

10  and, if required by the local building official, a certificate

11  of insurance demonstrating that professional liability

12  insurance coverage is in place for the private provider's

13  firm, the private provider, and any duly authorized

14  representative in the amounts required by this section.

15         (c)  An acknowledgment from the fee owner in

16  substantially the following form:

17  

18         I have elected to use one or more private

19         providers to provide building code plans review

20         and/or inspection services on the building that

21         is the subject of the enclosed permit

22         application, as authorized by s. 553.791,

23         Florida Statutes.  I understand that the local

24         building official may not review the plans

25         submitted or perform the required building

26         inspections to determine compliance with the

27         applicable codes, except to the extent

28         specified in said law.  Instead, plans review

29         and/or required building inspections will be

30         performed by licensed or certified personnel

31         identified in the application. The law requires

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 1         minimum insurance requirements for such

 2         personnel, but I understand that I may require

 3         more insurance to protect my interests.  By

 4         executing this form, I acknowledge that I have

 5         made inquiry regarding the competence of the

 6         licensed or certified personnel and the level

 7         of their insurance and am satisfied that my

 8         interests are adequately protected. I agree to

 9         indemnify, defend, and hold harmless the local

10         government, the local building official, and

11         their building code enforcement personnel from

12         any and all claims arising from my use of these

13         licensed or certified personnel to perform

14         building code inspection services with respect

15         to the building that is the subject of the

16         enclosed permit application.

17  

18  If the fee owner makes any changes to the listed private

19  providers or the services to be provided by those private

20  providers, the fee owner shall, within 1 business day after

21  any change, update the notice to reflect such changes.

22         Section 7.  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 this part. Such fees, and any fines or investment earnings

29  related to such fees, shall be used solely for carrying out

30  the local government's responsibilities in enforcing the

31  Florida Building Code. When providing a schedule of reasonable

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 1  fees, the total estimated annual revenue derived from fees and

 2  the fines and investment earnings related to such fees may not

 3  exceed the total estimated annual costs of allowable

 4  activities. Any unexpended balances must be carried forward to

 5  future years for allowable activities or shall be refunded.

 6  The basis for a fee structure for allowable activities shall

 7  relate to the level of service provided by the local

 8  government. Fees charged shall be consistently applied.

 9         (a)  As used in this subsection, the term "enforcing

10  the Florida Building Code" includes the direct costs and

11  reasonable indirect costs associated with review of building

12  plans, building inspections, reinspections, building permit

13  processing, and building code enforcement. The term may also

14  include enforcement against unlicensed contractor activity to

15  the extent not funded with other user fees. Enforcing the

16  Florida Building Code specifically excludes any

17  land-use-related activities, including, but not limited to,

18  reviews and enforcement associated with comprehensive

19  planning, zoning, site planning, and concurrency; address

20  assignment; inspections of rights-of-way; inspections of

21  utility hookups outside a building, unless the work is covered

22  by a building permit; arbor compliance;

23  nonconstruction-related fire prevention inspections of

24  existing units; demolition, unless associated with a building

25  permit; debris cleanup; landscaping; environmental regulation

26  and enforcement; the enforcement of any other state or federal

27  requirement; the enforcement of any other local ordinance or

28  local requirement; and any other building or general

29  government activity that does not directly pertain to such

30  activities in enforcing the Florida Building Code. Costs of

31  inspections of public buildings for a reduced fee or no fee,

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 1  and costs incurred in connection with public information

 2  requests, community functions, boards, and programs that are

 3  not directly related to enforcement of the Florida Building

 4  Code, may not be financed with fees adopted under this

 5  section.

 6         (b)  A local government shall use recognized

 7  management, accounting, and oversight practices to ensure that

 8  fees, fines, and investment earnings generated under this

 9  subsection are maintained and used solely for the purposes

10  described in paragraph (a).

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

12  possible or practicable, work with local building industries

13  to create a review process to assist in implementing and

14  overseeing budgetary procedures and reports for revenue and

15  expenditures relating to building permit fees and assist in

16  offering suggestions or recommendations on the use and amount

17  of building permit fees and the level and type of service

18  provided to the local building industry.

19         Section 8.  Section 553.842, Florida Statutes, is

20  amended to read:

21         553.842  Product evaluation and approval.--

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

23  120.536(1) and 120.54 to develop and implement a product

24  evaluation and approval system described in this section shall

25  apply that applies statewide to operate in coordination with

26  the Florida Building Code. The commission may enter into

27  contracts to provide for administration of the product

28  evaluation and approval system. The product evaluation and

29  approval system shall provide:

30         (a)  Appropriate promotion of innovation and new

31  technologies.

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 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 that which meet or exceed the

24  intent of the Florida Building Code established state

25  requirements shall also be acceptable considered.

26         (3)  Such statewide product evaluation and approval

27  system shall grant approvals for use. The local building

28  official, or with respect to manufactured buildings, the

29  third-party plan review entity as referred to in part I of

30  this chapter, through the plans review and inspection process,

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

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 1  construction is used in accordance with its limitations and

 2  conditions of use.

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

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

 5  553.77, that have standardized testing or comparative or

 6  rational analysis methods established in by the Florida

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

 8  evaluation entity, testing laboratory, or certification agency

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

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

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

12  demonstrating compliance with their applicable standards

13  listed in the Florida Building Code through one of the

14  following methods:.

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

16  of construction requiring approval under s. 553.77 must be

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

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

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

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

21  that department's jurisdiction only. Notwithstanding a local

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

23  provided in this act, statewide approval shall preclude local

24  jurisdictions from requiring further testing, evaluation, or

25  submission of other evidence as a condition of using the

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

27  the conditions of its approval.

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

29  of construction may be achieved by the local building official

30  through building plans review and inspection to determine that

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

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 1  the prescriptive standards established in the code.

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

 3  methods established in subsection (6).

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

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

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

 7  officials or the commission to approve the following

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

 9  skylights, windows, shutters, and structural components as

10  established by the commission by rule.

11         (a)  Products for which the code establishes

12  standardized testing or comparative or rational analysis

13  methods shall be approved by submittal and validation of one

14  of the following reports or listings indicating that the

15  product or method or system of construction was evaluated to

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

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

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

19  Florida Building Code:

20         (a)1.  A certification mark, label, or listing of an

21  approved certification agency;

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

23  laboratory;

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

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

26  from an approved product evaluation entity; or

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

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

29  developed and signed and sealed by a professional engineer or

30  architect, licensed in this state and qualified in this work.

31  

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 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         2.  A product evaluation report based upon testing or

22  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 and qualified in this work,

25  who certifies that the product or method or system of

26  construction was evaluated to be in compliance with the intent

27  of the Florida Building Code and that the product, method, or

28  system of construction is, for the purpose intended, at least

29  equivalent to that required 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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 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. Any structural component covered by the United

10  States Department of Commerce Products Standards is approved

11  for use in accordance with its conditions and limitations of

12  use.

13         (8)(7)  The commission shall ensure that product

14  manufacturers operate quality assurance programs for all

15  approved products. The commission shall adopt by rule criteria

16  for operation of the quality assurance programs.

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

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

19  rule criteria constituting complete validation by the local

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

21  verification of a quality assurance program. For state

22  approvals, validation shall be performed by validation

23  entities approved by the commission. The commission shall

24  adopt by rule criteria for approval of validation entities,

25  which shall be third-party entities independent of the

26  product's manufacturer and which shall certify to the

27  commission the product's compliance with the code.

28         (9)  The commission shall may adopt rules to approve

29  product evaluation entities, testing laboratories,

30  certification agencies, and quality assurance agencies the

31  following types of entities that produce information on which

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

 2  including engineers and architects, must comply with a

 3  nationally recognized standard demonstrating independence or

 4  no conflict of interest.:

 5         (a)  Evaluation entities that meet the criteria for

 6  approval adopted by the commission by rule. The commission

 7  shall specifically approve the National Evaluation Service,

 8  the International Conference of Building Officials Evaluation

 9  Services, the Building Officials and Code Administrators

10  International Evaluation Services, the Southern Building Code

11  Congress International Evaluation Services, the International

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

13  Building Code Compliance Office Product Control. Architects

14  and engineers licensed in this state and qualified in this

15  work are also approved to conduct product evaluations as

16  provided in subsection (6).

17         (b)  The commission shall approve testing laboratories

18  accredited by national organizations, such as A2LA and the

19  National Voluntary Laboratory Accreditation Program,

20  laboratories accredited by evaluation entities approved under

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

22  guidelines for testing laboratories selected by the commission

23  and adopted by rule.

24         (c)  The commission shall approve quality assurance

25  entities approved by evaluation entities approved under

26  paragraph (a) and by certification agencies approved under

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

28  with guidelines selected by the commission and adopted by

29  rule.

30         (d)  The commission shall approve certification

31  agencies accredited by nationally recognized accreditors and

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 1  other certification agencies that comply with guidelines

 2  selected by the commission and adopted by rule.

 3         (e)  Validation entities that comply with accreditation

 4  standards established by the commission by rule.

 5         (10)  A building official may deny the local use

 6  application of a product or method or system of construction

 7  which has been approved received statewide approval, based

 8  upon a written report signed by the official that concludes

 9  the product application is inconsistent with the statewide

10  approval and that states the reasons the application is

11  inconsistent. The building official must submit a copy of the

12  written report to the product manufacturer and must notify the

13  certification agency, testing laboratory, product evaluation

14  entity, or quality assurance agency that approved the product

15  that the product's use has been denied. Such denial is subject

16  to the provisions of s. 553.77 governing appeal of the

17  building official's interpretation of the code.

18         (11)  Products, other than manufactured buildings,

19  which are custom fabricated or assembled shall not require

20  separate approval under this section provided the component

21  parts have been approved for the fabricated or assembled

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

23  requirements of the Florida Building Code which apply applies

24  to the product's intended use. Notwithstanding a local

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

26  provided in this section, local jurisdictions are precluded

27  from requiring further testing, test reports, evaluation, or

28  submission of other evidence as a condition of using the

29  product if the product is being used in a manner consistent

30  with the conditions of its approval.

31  

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 1         (12)  A building official may appeal the required

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

 3  construction to the commission. The commission shall conduct a

 4  hearing under chapter 120 and the uniform rules of procedure

 5  and shall handle such appeals in an expedited manner. The

 6  commission shall notify the certification agency, testing

 7  laboratory, product evaluation entity, or quality assurance

 8  agency that approved the product of the appeal.

 9         (13)  The decisions of local building officials shall

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

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

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

13  Decisions of the commission regarding statewide product

14  approvals and appeals of local product approval shall be

15  subject to judicial review pursuant to s. 120.68.

16         (14)  The commission shall maintain on its website a

17  list of the approved state-approved products, product

18  evaluation entities, testing laboratories, quality assurance

19  agencies, and certification agencies, and validation entities

20  and shall provide website links to its directory databases

21  make such lists available in the most cost-effective manner.

22  The commission shall establish reasonable timeframes

23  associated with the product approval process and availability

24  of the lists.

25         (15)  The commission shall by rule establish criteria

26  for revocation and suspension of product approvals as well as

27  revocation of approvals of product evaluation entities,

28  testing laboratories, quality assurance entities, and

29  certification agencies, and validation entities. Revocation is

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

31  

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 1         (16)  The product evaluation approval system shall take

 2  effect October 1, 2003.

 3         (16)  The commission shall establish a schedule for

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

 5  the product manufacturing industry has sufficient time to

 6  revise products to meet the requirements for approval and

 7  submit them for testing or evaluation before the system takes

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

 9  of statewide approval is not delayed.

10         Section 9.  The Florida Building Commission may

11  expedite the adoption and implementation of the State Existing

12  Building Code as part of the Florida Building Code pursuant

13  only to the provisions of chapter 120, Florida Statutes. The

14  special update and amendment requirements of section 553.73,

15  Florida Statutes, and the administrative rule requiring

16  additional delay time between adoption and implementation of

17  such code are waived.

18         Section 10.  Upon approval of the Florida Building Code

19  by the Legislature during the 2000 Legislative session, all

20  existing local technical amendments to any building code

21  adopted by any local government were repealed. Each local

22  government may readopt such amendments pursuant to section

23  553.73, Florida Statutes, if such amendments comply with

24  applicable provisions of this act.

25         Section 11.  Paragraph (c) is added to subsection (17)

26  of section 120.80, Florida Statutes, to read:

27         120.80  Exceptions and special requirements;

28  agencies.--

29         (17)  FLORIDA BUILDING COMMISSION.--

30         (c)  Notwithstanding the provisions of s. 120.565,

31  120.569, and 120.57, the Florida Building Commission and

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 1  hearing officer panels appointed by the commission in

 2  accordance with s. 553.775(3)(c)1., may conduct proceedings to

 3  review decisions of local building code officials in

 4  accordance with s. 553.77(3)(c).

 5         Section 12.  Florida Construction Council.--

 6         (1)  This section may be cited as the "Florida

 7  Construction Council Act."

 8         (2)  The purpose of this section is to create a

 9  public-private partnership by providing that a single

10  nonprofit corporation be established to provide

11  administrative, technical, interpretive, and code-development

12  services to the Florida Building Commission and that no

13  additional nonprofit corporation be created for these

14  purposes.

15         (3)  The Florida Construction Council is created to

16  provide administrative, technical, and code-development

17  services to the Florida Building Commission in accordance with

18  the provisions of chapter 553, Florida Statutes. The council

19  may hire staff members as necessary to carry out its

20  functions. Such staff members are not public employees for the

21  purposes of chapter 110 or chapter 112, Florida Statutes,

22  except that the board of directors and the staff are subject

23  to the provisions of section 112.061, Florida Statutes.

24  However, the council may also use staff members provided by

25  the Florida State University who may be public employees for

26  the purposes of chapter 110 or chapter 112, Florida Statutes.

27  The provisions of section 768.28, Florida Statutes, apply to

28  the Florida Construction Council, which is deemed to be a

29  corporation primarily acting as an instrumentality of the

30  state, but which is not an agency within the meaning of

31  section 20.03(11), Florida Statutes. The council shall:

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 1         (a)  Be a Florida corporation not for profit,

 2  incorporated under the provisions of chapter 617, Florida

 3  Statutes.

 4         (b)  Provide administrative, technical, and

 5  code-development services to the Florida Building Commission

 6  in accordance with the provisions of chapter 553, Florida

 7  Statutes, and the contract required by this section. For the

 8  administrative purposes of this act, the Florida Construction

 9  Council shall be administratively attached to Florida State

10  University and shall be provided the administrative services

11  that the council and Florida State University find necessary.

12         (c)  Receive, hold, and administer property and make

13  only prudent expenditures directly related to the

14  responsibilities of the Florida Building Commission, and in

15  accordance with the contract required by this section.

16         (d)  Operate under a fiscal year that begins on July 1

17  of each year and ends on June 30 of the following year.

18         (e)  Have a five-member board of directors, which shall

19  consist of the Secretary of Community Affairs or his or her

20  designee, two members appointed by the Florida Building

21  Commission, one member appointed by the Department of

22  Community Affairs who is a layperson not performing work

23  within the construction industry, and one member appointed by

24  Florida State University. Members shall be appointed to terms

25  of 4 years each. All initial appointments shall expire on

26  October 31, 2007. A member may not serve more than two

27  consecutive terms. Failure to attend three consecutive

28  meetings shall be deemed a resignation from the council and

29  the vacancy shall be filled by a new appointment.

30         (f)  Select its officers in accordance with its bylaws.

31  

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 1         (g)  Operate under an annual written contract with the

 2  Department of Community Affairs or the responsible budgeting

 3  entity. The contract must provide for, but need not be limited

 4  to:

 5         1.  Approval of the articles of incorporation and

 6  bylaws of the council by the Florida Building Commission.

 7         2.  Submission by the council of an annual budget.

 8         3.  Annual certification by the Department of Community

 9  Affairs or the responsible budgeting entity that the council

10  is complying with the terms of the contract in a manner

11  consistent with the goals and purposes of the Florida Building

12  Commission and in the best interest of the state. The contract

13  must also provide for methods and mechanisms to resolve any

14  situation in which the certification process determines

15  noncompliance.

16         4.  Employment by the Florida Building Council of an

17  administrator to actively supervise the administrative,

18  technical, and code-development services of the council to

19  ensure compliance with the contract and the provisions of

20  chapter 553, Florida Statutes, and to act as a liaison for the

21  Florida Building Commission and the council to ensure the

22  effective operation of the council.

23         5.  Funding of the council through appropriations and

24  private sources.

25         6.  The reversion to the state if the commission ceases

26  to exist, of moneys, records, data, and property held in trust

27  by the council for the benefit of the commission, or if the

28  council is no longer approved to operate for the commission.

29  All records and data in a computerized database shall be

30  returned to the state in a form that is compatible with the

31  computerized database of the commission.

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 1         7.  The securing and maintaining by the council, during

 2  the term of the contract and for all acts performed during the

 3  term of the contract, of all liability insurance coverage in

 4  an amount to be approved by the Florida Construction Council

 5  to defend, indemnify, and hold harmless the council and its

 6  officers and employees, the Florida Building Commission and

 7  its commissioners and employees, and the state against all

 8  claims arising from state and federal laws. Such insurance

 9  coverage must be with insurers qualified and doing business in

10  the state.

11         8.  Payment by the council, out of its allocated

12  budget, to the Florida Building Commission of all costs of

13  representation by the commission counsel, including salary and

14  benefits, travel, and any other compensation traditionally

15  paid by the commission to other commission counsels.

16         9.  Payment by the council, out of its allocated

17  budget, of all costs incurred by the council or the commission

18  for the Division of Administrative Hearings of the Department

19  of Management Services and any other costs for use of these

20  state services.

21         10.  Payment by the council, out of its allocated

22  budget, of all costs associated with the contract

23  administrator of the commission, including salary and

24  benefits, travel, and other related costs traditionally paid

25  to state employees.

26         11.  Provide for an annual financial audit of its

27  financial accounts and records by an independent certified

28  public accountant. The annual audit report must include a

29  management letter in accordance with section 11.45, Florida

30  Statutes, and a detailed supplemental schedule of expenditures

31  

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 1  for each expenditure category. The annual audit report must be

 2  submitted to the Auditor General for review.

 3         12.  Provide for persons charged with the

 4  responsibility of receiving and depositing fee and fine

 5  revenues to have a faithful performance bond in an amount and

 6  according to the terms specified in the contract.

 7         13.  Submit to the Legislature, on or before January 1

 8  of each year, a report on the status of the council which

 9  includes, but is not limited to, information concerning the

10  programs and funds that have been transferred to the council.

11  The report must include the number of inquiries received, the

12  number of technical issues or questions addressed, the number

13  of code or other interpretations provided, and the number of

14  instances of code development undertaken by the council.

15         14.  Develop, with the Florida Building Commission,

16  performance standards and measurable outcomes for the

17  commission to adopt by rule in order to facilitate efficient

18  and cost-effective services and regulation.

19         (4)  The Florida Construction Council shall provide by

20  rule the procedures the council must follow to ensure that all

21  product and proprietary information is secure while under the

22  responsibility of the council and that there is an appropriate

23  level of protection and monitoring during any review or

24  code-development activities.

25         Section 13.  Section 399.106, Florida Statutes, is

26  amended to read:

27         399.106  Elevator Safety Technical Advisory

28  Committee.--

29         (1)  The Elevator Safety Technical Advisory Committee

30  is created within the Department of Business and Professional

31  Regulation, Division of Hotels and Restaurants, consisting of

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 1  eight seven members to be appointed by the secretary of the

 2  Department of Business and Professional Regulation as follows:

 3  one representative from a major elevator manufacturing company

 4  or its authorized representative; one representative from an

 5  elevator servicing company; one representative from a building

 6  design profession; one representative of the general public;

 7  one representative of a local government in this state; one

 8  representative of a building owner or manager; one

 9  representative of labor involved in the installation,

10  maintenance, and repair of elevators; and one representative

11  who is a certified elevator inspector from a private

12  inspection service. The purpose of the committee is to provide

13  technical assistance to the division in support of protecting

14  the health, safety, and welfare of the public; to give the

15  division the benefit of the committee members' knowledge and

16  experience concerning the industries and individual businesses

17  affected by the laws and rules administered by the division.

18         (2)  The committee members shall serve staggered terms

19  of 4 years to be set by rule without salary, but may receive

20  from the state expenses for per diem and travel. The committee

21  shall appoint one of the members to serve as chair.

22         (3)  The committee shall meet and organize not later

23  than 45 days prior to the convening of the 2002 Legislature.

24  This committee terminates December 31, 2003.

25         (3)(4)  The committee may consult with engineering

26  authorities and organizations concerned with standard safety

27  codes for recommendations to the department regarding rules

28  and regulations governing the operation, maintenance,

29  servicing, construction, alteration, installation, or

30  inspection of vertical conveyances subject to this chapter.

31  

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 1         Section 14.  This act shall take effect upon becoming a

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                              SB 518

 3                                 

 4  Includes hospice residential facilities and inpatient
    facilities in the Florida Building Code.
 5  
    Specifies that the Florida Building Commission (commission)
 6  shall consider changes made by the adopting entity of any
    selected model code for any model code incorporated into the
 7  Florida Building Code(code) and may subsequently adopt any
    part of such code, which may then be modified for the state.
 8  
    Includes final orders and interpretations of hearing officer
 9  panels in the types of technical amendments the Commission may
    adopt and incorporate into the Code.
10  
    Provides that the commission shall require all proposed
11  amendments and information submitted with proposed amendments
    to be reviewed by staff for sufficiency only.  Rejected
12  proposed amendments by staff may not be considered by the
    commission or any technical advisory committee.
13  
    Provides for elevators in buildings in the state that are 6 or
14  more stories be keyed with a master key to allow for emergency
    elevator access.  The key would be issued to the fire
15  department as well as elevator owners, owners' agents,
    elevator contractors, state certified inspectors, and state
16  agency representatives.

17  Provides for binding and nonbinding interpretation of the
    Code.
18  
    Excludes the requirement of an engineer or architect signature
19  and seal for truss placement plans.

20  Provides for a fee owner's contractor, rather than only the
    fee owner, to use a private provider for building code
21  inspection services.

22  Provides for a schedule of reasonable fees for governing
    bodies of local governments.  It specifies that the fees are
23  to be used solely for carrying out the local government's
    responsibilities in enforcing the Code.
24  
    Provides for product evaluation process that would have the
25  commission approve the evaluation entities, testing labs,
    certification agencies and quality assurance agencies.  The
26  local building officials are then given the authority to
    decide which products on the approved list that they will use.
27  
    Provides an expedited adoption and implementation of the State
28  Existing Building Code as part of the Code as provided under
    ch. 120, F.S.
29  
    Provides for readoption of any technical amendment that were
30  repealed by the legislature during the 2000 legislative
    session.
31  
    Creates a public-private partnership called the Florida
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 1  Construction Council. The Council provides administrative,
    technical, and code-development services to the commission.
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