SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
CHAMBER ACTION
Senate House
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11 Senator Constantine moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (3) of section 553.37, Florida
18 Statutes, is amended to read:
19 553.37 Rules; inspections; and insignia.--
20 (3) All manufactured buildings issued and bearing
21 insignia of approval pursuant to subsection (2) shall be
22 deemed to comply with the Florida Building Code and are exempt
23 from local amendments enacted by any local government. Lawn
24 storage buildings and storage sheds bearing the insignia of
25 approval of the department may be delivered and installed
26 without need of a contractor's or specialty license.
27 Section 2. Subsections (3), (4), (5), (6), (7), and
28 (12) of section 553.415, Florida Statutes, are amended, to
29 read:
30 553.415 Factory-built school buildings.--
31 (3) Within 90 days after the effective date of this
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 section, The department shall adopt by emergency rule
2 regulations to carry out the provisions of this section. Such
3 rule shall ensure the safety of design, construction,
4 accessibility, alterations, and inspections and shall also
5 prescribe procedures for the plans, specifications, and
6 methods of construction to be submitted to the department for
7 approval.
8 (4) A manufacturer of factory-built school buildings
9 designed or intended for use as school buildings shall submit
10 to the department for approval the manufacturer's plans,
11 specifications, alterations, and methods of construction for
12 any factory-built school building that has not previously been
13 submitted to the department together with the approval of a
14 certified plans examiner for such building. The department is
15 authorized to charge manufacturers a fee which reflects the
16 actual expenses incurred for the review of such plans and
17 specifications.
18 (5) The department, in accordance with the standards
19 and procedures adopted pursuant to this section and as such
20 standards and procedures may thereafter be modified, shall
21 approve or reject such plans, specifications, and methods of
22 construction. The department may delegate its plans-review
23 authority to a state agency or public or private entity;
24 however, the department shall ensure that any person
25 conducting plan reviews is a certified plans examiner pursuant
26 to part XII of chapter 468. Any person employed by a municipal
27 or county government, school, or community college district or
28 a private entity who is a certified plans examiner under part
29 XII of chapter 468 may approve a manufacturer's plans,
30 specifications, and methods of construction. Approval of the
31 department shall not be given if a certified plans examiner
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 certifies that unless such plans, specifications, and methods
2 of construction are in compliance with the Florida State
3 Uniform Building Code for Public Educational Facilities and
4 department rule. After March 1, 2002, the Uniform Code for
5 Public Educational Facilities shall be incorporated into the
6 Florida Building Code, including specific requirements for
7 public educational facilities and department rule.
8 (6) The review and approval of any site plan locating
9 a factory-built school building shall be performed solely by
10 the school district or community college district acquiring
11 the factory-built school building. The department may delegate
12 its plans review authority to a state agency or public or
13 private entity; however, the department shall ensure that any
14 person conducting plans reviews is a certified plans examiner,
15 pursuant to part XII of chapter 468.
16 (7) A standard plan approval may be obtained from the
17 department for factory-built school buildings and such
18 department-approved plans shall be accepted by the enforcement
19 agency as approved for the purpose of obtaining a construction
20 permit for the structure itself. The department, or its
21 designated representative, shall determine if the plans
22 qualify for purposes of a factory-built school shelter, as
23 defined in s. 553.36. The department may delegate its
24 plans-review authority to a state agency or public or private
25 entity; however, the department shall ensure that any person
26 conducting plans reviews is a certified plans examiner
27 pursuant to part XII of chapter 468.
28 (12) Each factory-built school building used for
29 educational purposes shall bear the insignia of the department
30 and a data plate. Application for insignia shall be made by
31 the third-party-approved inspection agency designated in
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 accordance with s. 553.37(9). The data plate shall be
2 fabricated by the manufacturer of durable material in
3 accordance with s. 553.11. Such insignia and identification
4 label shall be permanently affixed by the manufacturer in the
5 case of newly constructed factory-built school buildings, or
6 by the manufacturer or contractor performing the alterations
7 department or its designee in the case of an existing
8 factory-built building altered to comply with provisions of s.
9 1013.20.
10 Section 3. Paragraphs (a) and (c) of subsection (4),
11 subsection (6), and paragraphs (a) and (c) of subsection (7)
12 of section 553.73, Florida Statutes, are amended to read:
13 553.73 Florida Building Code.--
14 (4)(a) All entities authorized to enforce the Florida
15 Building Code pursuant to s. 553.80 shall comply with
16 applicable standards for issuance of mandatory certificates of
17 occupancy, minimum types of inspections, and procedures for
18 plans review and inspections as established by the commission
19 by rule. Notwithstanding any other provision of law, a local
20 government may issue an annual permit for construction
21 activity of the type and pursuant to the conditions
22 established within the Florida Building Code. Local
23 governments may adopt amendments to the administrative
24 provisions of the Florida Building Code, subject to the
25 limitations of this paragraph. Local amendments shall be more
26 stringent than the minimum standards described herein and
27 shall be transmitted to the commission within 30 days after
28 enactment. The local government shall make such amendments
29 available to the general public in a usable format. The State
30 Fire Marshal is responsible for establishing the standards and
31 procedures required in this paragraph for governmental
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 entities with respect to applying the Florida Fire Prevention
2 Code and the Life Safety Code.
3 (c) Any amendment adopted by a local enforcing agency
4 pursuant to this subsection shall not apply to state or school
5 district owned buildings, manufactured buildings or
6 factory-built school buildings approved by the commission, or
7 prototype buildings approved pursuant to s. 553.77(3)(5). The
8 respective responsible entities shall consider the physical
9 performance parameters substantiating such amendments when
10 designing, specifying, and constructing such exempt buildings.
11 (6)(a) The commission, by rule adopted pursuant to ss.
12 120.536(1) and 120.54, shall update the Florida Building Code
13 every 3 years. When updating the Florida Building Code, the
14 commission shall consider changes made by the adopting entity
15 of any selected model code for any model code incorporated
16 into the Florida Building Code, and may subsequently adopt the
17 new edition or successor of the model code or any part of such
18 code, no sooner than 6 months after such model code has been
19 adopted by the adopting organization, which may then be
20 modified for this state as provided in this section., and
21 (b) The commission shall further consider the
22 commission's own interpretations, declaratory statements,
23 appellate decisions, and approved statewide and local
24 technical amendments and shall incorporate such
25 interpretations, statements, decisions, and amendments into
26 the updated Florida Building Code only to the extent that they
27 are necessary to modify the foundation code to accommodate the
28 specific needs of this state. A change made by an institute or
29 standards organization to any standard or criterion that is
30 adopted by reference in the Florida Building Code does not
31 become effective statewide until it has been adopted by the
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Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 commission. Furthermore, the edition of the Florida Building
2 Code which is in effect on the date of application for any
3 permit authorized by the code governs the permitted work for
4 the life of the permit and any extension granted to the
5 permit.
6 (c) A rule updating the Florida Building Code in
7 accordance with this paragraph shall become effective no
8 sooner than 6 months after completion of the rule adoption
9 process. Any amendment to the Florida Building Code which is
10 adopted upon a finding by the commission that the amendment is
11 necessary to protect the public from immediate threat of harm
12 takes effect immediately.
13 (7)(a) The commission may approve technical amendments
14 to the Florida Building Code once each year for statewide or
15 regional application upon a finding that the amendment
16 conforms to the following:
17 1. Is necessary to provide for Has a reasonable and
18 substantial connection with the health, safety, and welfare of
19 the general public.
20 2. Strengthens or improves the Florida Building Code,
21 or in the case of innovation or new technology, will provide
22 equivalent or better products or methods or systems of
23 construction.
24 3. Does not discriminate against materials, products,
25 methods, or systems of construction of demonstrated
26 capabilities.
27 4. Does not degrade the effectiveness of the Florida
28 Building Code.
29
30 Furthermore, the Florida Building Commission may approve
31 technical amendments to the code once each year to incorporate
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 into the Florida Building Code its own interpretations of the
2 code which are embodied in its opinions, final orders, and
3 declaratory statements, and interpretations of hearing officer
4 panels under s. 553.775(3)(c). Amendments approved under this
5 paragraph shall be adopted by rule pursuant to ss. 120.536(1)
6 and 120.54, after the amendments have been subjected to the
7 provisions of subsection (3).
8 (c) The commission may not consider approve any
9 proposed amendment that does not accurately and completely
10 address all requirements for amendment which are set forth in
11 this section. The commission shall require all proposed
12 amendments and information submitted with proposed amendments
13 to be reviewed by commission staff prior to consideration by
14 any technical advisory committee. These reviews shall be for
15 sufficiency only and are not intended to be qualitative in
16 nature. Proposed amendments without a fiscal impact statement
17 may not be considered by the commission or any technical
18 advisory committee. The provisions of this paragraph
19 notwithstanding, within 60 days after the adoption by the
20 International Code Council of permitted standards and
21 conditions for unvented conditioned attic assemblies in the
22 International Residential Code, the commission shall initiate
23 rulemaking to incorporate such permitted standards and
24 conditions as an authorized alternative in the Florida
25 Building Code.
26 Section 4. Subsection (14) of section 553.79, Florida
27 Statutes, is amended to read:
28 553.79 Permits; applications; issuance; inspections.--
29 (14) Certifications by contractors authorized under
30 the provisions of s. 489.115(4)(b) shall be considered
31 equivalent to sealed plans and specifications by a person
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 licensed under chapter 471 or chapter 481 by local enforcement
2 agencies for plans review for permitting purposes relating to
3 compliance with the wind resistance provisions of the code or
4 alternate methodologies approved by the commission for one and
5 two family dwellings. Local enforcement agencies may rely upon
6 such certification by contractors that the plans and
7 specifications submitted conform to the requirements of the
8 code for wind resistance. Upon good cause shown, local
9 government code enforcement agencies may accept or reject
10 plans sealed by persons licensed under chapter 471, chapter
11 481, or chapter 489. A truss-placement plan is not required to
12 be signed and sealed by an engineer or architect unless
13 prepared by an engineer or architect or specifically required
14 by the Florida Building Code.
15 Section 5. Subsections (2), (4), paragraph (a) of
16 subsection (6), subsection (11), paragraphs (b) and (c) of
17 subsection (12), and subsections (14) and (15) of section
18 553.791, Florida Statutes, are amended to read:
19 553.791 Alternative plans review and inspection.--
20 (2) Notwithstanding any other provision of law or
21 local government ordinance or local policy to the contrary,
22 the fee owner of a building, or the fee owner's contractor
23 upon written authorization from the fee owner, may choose to
24 use a private provider to provide building code inspection
25 services with regard to such building and may make payment
26 directly to the private provider for the provision of such
27 services. All such services shall be the subject of a written
28 contract between the private provider, or the private
29 provider's firm, and the fee owner. The fee owner may elect to
30 use a private provider to provide either plans review or
31 required building inspections. The local building official, in
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 his or her discretion and pursuant to duly adopted policies of
2 the local enforcement agency, may require the fee owner who
3 desires to use a private provider to use the private provider
4 to provide both plans review and required building inspection
5 services.
6 (4) A fee owner or the fee owner's contractor using a
7 private provider to provide building code inspection services
8 shall notify the local building official at the time of permit
9 application or no less than 1 week prior to a private
10 provider's providing building code inspection services on a
11 form to be adopted by the commission. This notice shall
12 include the following information:
13 (a) The services to be performed by the private
14 provider.
15 (b) The name, firm, address, telephone number, and
16 facsimile number of each private provider who is performing or
17 will perform such services, his or her professional license or
18 certification number, qualification statements or resumes,
19 and, if required by the local building official, a certificate
20 of insurance demonstrating that professional liability
21 insurance coverage is in place for the private provider's
22 firm, the private provider, and any duly authorized
23 representative in the amounts required by this section.
24 (c) An acknowledgment from the fee owner in
25 substantially the following form:
26
27 I have elected to use one or more private
28 providers to provide building code plans review
29 and/or inspection services on the building that
30 is the subject of the enclosed permit
31 application, as authorized by s. 553.791,
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Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 Florida Statutes. I understand that the local
2 building official may not review the plans
3 submitted or perform the required building
4 inspections to determine compliance with the
5 applicable codes, except to the extent
6 specified in said law. Instead, plans review
7 and/or required building inspections will be
8 performed by licensed or certified personnel
9 identified in the application. The law requires
10 minimum insurance requirements for such
11 personnel, but I understand that I may require
12 more insurance to protect my interests. By
13 executing this form, I acknowledge that I have
14 made inquiry regarding the competence of the
15 licensed or certified personnel and the level
16 of their insurance and am satisfied that my
17 interests are adequately protected. I agree to
18 indemnify, defend, and hold harmless the local
19 government, the local building official, and
20 their building code enforcement personnel from
21 any and all claims arising from my use of these
22 licensed or certified personnel to perform
23 building code inspection services with respect
24 to the building that is the subject of the
25 enclosed permit application.
26
27 If the fee owner or the fee owner's contractor makes any
28 changes to the listed private providers or the services to be
29 provided by those private providers, the fee owner or the fee
30 owner's contractor shall, within 1 business day after any
31 change, update the notice to reflect such changes.
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Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 (6)(a) No more than Within 30 business days after
2 receipt of a permit application and the affidavit from the
3 private provider required pursuant to subsection (5), the
4 local building official shall issue the requested permit or
5 provide a written notice to the permit applicant identifying
6 the specific plan features that do not comply with the
7 applicable codes, as well as the specific code chapters and
8 sections. If the local building official does not provide a
9 written notice of the plan deficiencies within the prescribed
10 30-day period, the permit application shall be deemed approved
11 as a matter of law, and the permit shall be issued by the
12 local building official on the next business day.
13 (11) No more than Within 2 business days after receipt
14 of a request for a certificate of occupancy or certificate of
15 completion and the applicant's presentation of a certificate
16 of compliance and approval of all other government approvals
17 required by law, the local building official shall issue the
18 certificate of occupancy or certificate of completion or
19 provide a notice to the applicant identifying the specific
20 deficiencies, as well as the specific code chapters and
21 sections. If the local building official does not provide
22 notice of the deficiencies within the prescribed 2-day period,
23 the request for a certificate of occupancy or certificate of
24 completion shall be deemed granted and the certificate of
25 occupancy or certificate of completion shall be issued by the
26 local building official on the next business day. To resolve
27 any identified deficiencies, the applicant may elect to
28 dispute the deficiencies pursuant to subsection (12) or to
29 submit a corrected request for a certificate of occupancy or
30 certificate of completion.
31 (12) If the local building official determines that
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Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 the building construction or plans do not comply with the
2 applicable codes, the official may deny the permit or request
3 for a certificate of occupancy or certificate of completion,
4 as appropriate, or may issue a stop-work order for the project
5 or any portion thereof, if the official determines that such
6 noncompliance poses a threat to public safety and welfare,
7 subject to the following:
8 (b) If the local building official and private
9 provider are unable to resolve the dispute, the matter shall
10 be referred to the local enforcement agency's board of
11 appeals, if one exists, which shall consider the matter at its
12 next scheduled meeting or sooner. Any decisions by the local
13 enforcement agency's board of appeals, or local building
14 official if there is no board of appeals, may be appealed to
15 the commission pursuant to s. 553.775 553.77(1)(h).
16 (c) Notwithstanding any provision of this section, any
17 decisions regarding the issuance of a building permit,
18 certificate of occupancy, or certificate of completion may be
19 reviewed by the local enforcement agency's board of appeals,
20 if one exists. Any decision by the local enforcement agency's
21 board of appeals, or local building official if there is no
22 board of appeals, may be appealed to the commission pursuant
23 to s. 553.775 553.77(1)(h), which shall consider the matter at
24 the commission's next scheduled meeting.
25 (14) No local enforcement agency, local building
26 official, or local government may adopt or enforce any laws,
27 rules, procedures, policies, or standards more stringent than
28 those prescribed by this section.
29 (15) A private provider may perform building code
30 inspection services under this section only if the private
31 provider maintains insurance for professional and
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Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 comprehensive general liability with minimum policy limits of
2 $1 million per occurrence covering relating to all services
3 performed as a private provider. If the private provider
4 chooses to secure claims-made coverage to fulfill this
5 requirement, the private provider must also maintain ,
6 including tail coverage for a minimum of 5 years subsequent to
7 the performance of building code inspection services.
8 Occurrence-based coverage shall not be subject to any tail
9 coverage requirement.
10 Section 6. Paragraph (d) of subsection (1) of section
11 553.80, Florida Statutes, is amended, and subsection (7) is
12 added to that section, to read:
13 553.80 Enforcement.--
14 (1) Except as provided in paragraphs (a)-(f), each
15 local government and each legally constituted enforcement
16 district with statutory authority shall regulate building
17 construction and, where authorized in the state agency's
18 enabling legislation, each state agency shall enforce the
19 Florida Building Code required by this part on all public or
20 private buildings, structures, and facilities, unless such
21 responsibility has been delegated to another unit of
22 government pursuant to s. 553.79(9).
23 (d) Building plans approved pursuant to s.
24 553.77(3)(5) and state-approved manufactured buildings,
25 including buildings manufactured and assembled offsite and not
26 intended for habitation, such as lawn storage buildings and
27 storage sheds, are exempt from local code enforcing agency
28 plan reviews except for provisions of the code relating to
29 erection, assembly, or construction at the site. Erection,
30 assembly, and construction at the site are subject to local
31 permitting and inspections.
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Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1
2 The governing bodies of local governments may provide a
3 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
4 and this section, for the enforcement of the provisions of
5 this part. Such fees shall be used solely for carrying out the
6 local government's responsibilities in enforcing the Florida
7 Building Code. The authority of state enforcing agencies to
8 set fees for enforcement shall be derived from authority
9 existing on July 1, 1998. However, nothing contained in this
10 subsection shall operate to limit such agencies from adjusting
11 their fee schedule in conformance with existing authority.
12 (7) The governing bodies of local governments may
13 provide a schedule of reasonable fees, as authorized by s.
14 125.56(2) or s. 166.222 and this section, for enforcing this
15 part. These fees, and any fines or investment earnings related
16 to the fees, shall be used solely for carrying out the local
17 government's responsibilities in enforcing the Florida
18 Building Code. When providing a schedule of reasonable fees,
19 the total estimated annual revenue derived from fees and the
20 fines and investment earnings related to the fees may not
21 exceed the total estimated annual costs of allowable
22 activities. Any unexpended balances shall be carried forward
23 to future years for allowable activities or shall be refunded
24 at the discretion of the local government. The basis for a fee
25 structure for allowable activities shall relate to the level
26 of service provided by the local government. Fees charged
27 shall be consistently applied.
28 (a) As used in this subsection, the phrase "enforcing
29 the Florida Building Code" includes the direct costs and
30 reasonable indirect costs associated with review of building
31 plans, building inspections, reinspections, building permit
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1 processing, provision of training courses, educational
2 materials, and public building safety awareness related to the
3 building code, and building code enforcement. The phrase may
4 also include enforcement action pertaining to unlicensed
5 contractor activity to the extent not funded by other user
6 fees.
7 (b) The following activities may not be funded with
8 fees adopted for enforcing the Florida Building Code: planning
9 and zoning or other general government activities; inspections
10 of public buildings for a reduced fee or no fee; public
11 information requests, community functions, and any program not
12 directly related to enforcement of the Florida Building Code;
13 or enforcement and implementation of any other local
14 ordinance, excluding validly adopted local amendments to the
15 Florida Building Code and excluding any local ordinance
16 directly related to enforcing the Florida Building Code, as
17 defined in this paragraph.
18 (c) A local government shall use recognized
19 management, accounting, and oversight practices to ensure that
20 fees, fines, and investment earnings generated under this
21 subsection are maintained and allocated or used solely for the
22 purposes described in paragraph (a).
23 Section 7. The Florida Building Commission shall
24 expedite the adoption and implementation of the State Existing
25 Building Code as part of the Florida Building Code pursuant
26 only to the provisions of chapter 120, Florida Statutes. The
27 special update and amendment requirements of section 553.73,
28 Florida Statutes, and the administrative rule requiring
29 additional delay time between adoption and implementation of
30 such code are waived.
31 Section 8. Paragraph (f) is added to subsection (4) of
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1 section 489.117, Florida Statutes, to read:
2 489.117 Registration; specialty contractors.--
3 (4)
4 (f) Portions of work related to the construction of a
5 swimming pool or spa require the use of specialized skill and
6 equipment that is frequently available only through specialty
7 contracting services. Due to these unique needs for specialty
8 services, any person who is not required to obtain
9 registration or certification pursuant to s. 489.105(3)(a)-(i)
10 or (m)-(o) may perform specialty contracting services for the
11 construction, remodeling, repair, or improvement of a swimming
12 pool or spa as specified in s. 489.105(3)(j)-(l) without
13 obtaining a local professional license if such person is
14 supervised by a certified or registered commercial pool/spa
15 contractor, residential pool/spa contractor, or swimming
16 pool/spa servicing contractor acting within the scope of the
17 supervising contractor's license. A local authority that does
18 not require a local specialty contractor license or local
19 certificate of competency for any service provided by a
20 certified or registered commercial pool/spa contractor,
21 residential pool/spa contractor, or swimming pool/spa
22 servicing contractor must allow, as an alternative to the
23 local license or certificate, local registration of the person
24 contracting with a supervising contractor to perform a
25 specialty service under this paragraph. The local authority
26 may charge a fee for local registration which does not exceed
27 $150. The local authority may not require proof of competency
28 for local registration and shall require documentation that a
29 registrant is covered by workers' compensation coverage or a
30 valid exemption from such coverage. Local registration shall
31 require the registrant to contract with a certified or
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1 registered commercial pool/spa contractor, residential
2 pool/spa contractor, or swimming pool/spa servicing
3 contractor. This subsection does not supersede or affect s.
4 489.117(4)(e).
5 Section 9. Section 553.841, Florida Statutes, is
6 amended to read:
7 553.841 Building code training program; participant
8 competency requirements.--
9 (1) The Legislature finds that the effectiveness of
10 the building codes of this state depends on the performance of
11 all participants, as demonstrated through knowledge of the
12 codes and commitment to compliance with code directives and
13 that to strengthen compliance by industry and enforcement by
14 government, a Building Code Training Program is needed.
15 (1)(2) The commission shall establish by rule the
16 Building Code Training Program to develop and provide a core
17 curriculum and offer voluntary accreditation of advance module
18 courses relating to the Florida Building Code and its
19 enforcement a system of administering and enforcing the
20 Florida Building Code.
21 (3) The program shall be developed, implemented, and
22 administered by the commission in consultation with the
23 Department of Education, the Department of Community Affairs,
24 the Department of Business and Professional Regulation, the
25 State Fire Marshal, the State University System, and the
26 Division of Community Colleges.
27 (4) The commission may enter into contracts with the
28 Department of Education, the State University System, the
29 Division of Community Colleges, model code organizations,
30 professional organizations, vocational-technical schools,
31 trade organizations, and private industry to administer the
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1 program.
2 (2)(5) The program shall be affordable, accessible,
3 meaningful, financially self-sufficient and shall make maximum
4 use of existing sources, systems, institutions, and programs
5 available through private sources.
6 (3)(6) The commission, in coordination with the
7 Department of Community Affairs, the Department of Business
8 and Professional Regulation, the respective licensing boards,
9 and the State Fire Marshal shall develop or cause to be
10 developed:
11 (a) a core curriculum that which is prerequisite to
12 initial licensure for those licensees not subject to testing
13 on the Florida Building Code as a condition of licensure.
14 These entities shall also identify subject areas that are
15 inadequately addressed by specialized and advanced courses all
16 specialized and advanced module coursework.
17 (b) A set of specialized and advanced modules
18 specifically designed for use by each profession.
19 (4)(7) The core curriculum shall cover the information
20 required to have all categories of participants appropriately
21 informed as to their technical and administrative
22 responsibilities in the effective execution of the code
23 process by all individuals currently licensed under part XII
24 of chapter 468, chapter 471, chapter 481, or chapter 489,
25 except as otherwise provided in s. 471.017. The core
26 curriculum shall be prerequisite to the advanced module
27 coursework for all licensees and shall be completed by
28 individuals licensed in all categories under part XII of
29 chapter 468, chapter 471, chapter 481, or chapter 489 by the
30 date of license renewal in 2004. within the first 2-year
31 period after establishment of the program. Core course hours
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Amendment No. ___ Barcode 551966
1 All approved courses taken by licensees pursuant to this
2 section to complete this requirement shall count toward
3 fulfillment of required continuing education units under part
4 XII of chapter 468, chapter 471, chapter 481, or chapter 489.
5 (8) The commission, in consultation with the
6 Department of Business and Professional Regulation and the
7 respective licensing boards, shall develop or cause to be
8 developed an equivalency test for each category of
9 licensee. Such test may be taken in lieu of the core
10 curriculum. A passing score on the test shall be equivalent to
11 completion of the core curriculum and shall be credited toward
12 the required number of hours of continuing education.
13 (5)(9) The commission, in consultation with the
14 Department of Business and Professional Regulation, shall
15 develop or cause to be developed, or approve as a part of the
16 program, appropriate courses a core curriculum and specialized
17 or advanced module coursework for the construction workforce,
18 including, but not limited to, superintendents and journeymen.
19 (6)(10) The respective state boards under part XII of
20 chapter 468, chapters 471, 481, and 489, and the State Fire
21 Marshal under chapter 633, shall require specialized or
22 advanced course modules as part of their regular continuing
23 education requirements. Courses approved by the Department of
24 Business and Professional Regulation as required by the
25 respective practice acts and chapter 455 shall be deemed as
26 approved by the Florida Building Commission.
27 (7)(11) The Legislature hereby establishes the Office
28 of Building Code Training Program Administration within the
29 Institute of Applied Technology in Construction Excellence at
30 the Florida Community College at Jacksonville. The office is
31 charged with the following responsibilities as recommended by
19
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 the Florida Building Commission and as resources are provided
2 by the Legislature:
3 (a) Provide research-to-practice capability for
4 entry-level construction training development, delivery and
5 quality assurance, as well as training and competency registry
6 systems and recruitment initiatives.
7 (b) Coordinate with the Department of Community
8 Affairs and the Florida Building Commission to serve as school
9 liaison to disseminate construction awareness and promotion
10 programs and materials to schools.
11 (c) Develop model programs and approaches to
12 construction career exploration to promote construction
13 careers.
14 Section 10. Subsection (3) of section 553.8412,
15 Florida Statutes, is amended to read:
16 553.8412 Legislative intent; delivery of training;
17 outsourcing.--
18 (3) To the extent available, funding for outreach,
19 coordination of training, or training may come from existing
20 resources. If necessary, the Florida Building Commission or
21 the department may seek additional or supplemental funds
22 pursuant to s. 215.559(5). This section does not preclude the
23 Florida Building Commission from charging fees to fund the
24 building code training program in a self-sufficient manner as
25 provided in s. 553.841(2)(5).
26 Section 11. Subsections (9) and (15) of section
27 553.842, Florida Statutes, are amended to read:
28 553.842 Product evaluation and approval.--
29 (9) The commission may adopt rules to approve the
30 following types of entities that produce information on which
31 product approvals are based. All of the following entities,
20
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 including engineers and architects, must comply with a
2 nationally recognized standard demonstrating independence or
3 no conflict of interest:
4 (a) Evaluation entities that meet the criteria for
5 approval adopted by the commission by rule. The commission
6 shall specifically approve the National Evaluation Service,
7 the International Conference of Building Officials Evaluation
8 Services, the Building Officials and Code Administrators
9 International Evaluation Services, the Southern Building Code
10 Congress International Evaluation Services, the International
11 Code Council Evaluation Services, and the Miami-Dade County
12 Building Code Compliance Office Product Control. Architects
13 and engineers licensed in this state are also approved to
14 conduct product evaluations as provided in subsection (6).
15 (b) Testing laboratories accredited by national
16 organizations, such as A2LA and the National Voluntary
17 Laboratory Accreditation Program, laboratories accredited by
18 evaluation entities approved under paragraph (a), and
19 laboratories that comply with other guidelines for testing
20 laboratories selected by the commission and adopted by rule.
21 (c) Quality assurance entities approved by evaluation
22 entities approved under paragraph (a) and by certification
23 agencies approved under paragraph (d) and other quality
24 assurance entities that comply with guidelines selected by the
25 commission and adopted by rule.
26 (d) Certification agencies accredited by nationally
27 recognized accreditors and other certification agencies that
28 comply with guidelines selected by the commission and adopted
29 by rule.
30 (e) Validation entities that comply with accreditation
31 standards established by the commission by rule.
21
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 (15) The commission shall by rule establish criteria
2 for revocation and suspension of product approvals as well as
3 revocation and suspension of approvals of product evaluation
4 entities, testing laboratories, quality assurance entities,
5 certification agencies, and validation entities. Revocation is
6 governed by s. 120.60 and the uniform rules of procedure.
7 Section 12. Notwithstanding section 533.842, Florida
8 Statutes, provisions in Chapter 9B-72, Florida Administrative
9 Code, relating to local government product evaluation and
10 approval are suspended until June 1, 2005.
11 (1) The Florida Building Commission shall create a
12 product approval advisory group to conduct a study to
13 determine the effectiveness and financial impact on the
14 construction industry by the local and state product approval
15 process established in section 553.842, Florida Statutes, and
16 the requirements of Chapter 9B-72 of the Florida
17 Administrative Code. The Florida Building Commission shall
18 submit the findings of the product approval advisory group in
19 its annual report to the Governor, the President of the
20 Senate, and the Speaker of the House of Representatives by
21 January 15, 2005. The product approval advisory group shall be
22 comprised of representatives of manufactures, contractors,
23 building officials, local governments, engineers, architects,
24 testing laboratories, evaluation entities, validation
25 entities, certification entities, and other stakeholders
26 identified by the commission.
27 (2) The report submitted to the Legislature pursuant
28 to subsection (1) shall contain specific recommendations on
29 how and whether the product approval process should be
30 modified or amended to enhance and facilitate compliance with
31 Chapter 9B-72 Florida Administrative Code and section 553.842,
22
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 Florida Statutes.
2 Section 13. Paragraph (c) of subsection (1) of section
3 633.539, Florida Statutes, is amended to read:
4 633.539 Requirements for installation, inspection, and
5 maintenance of fire protection systems.--
6 (1) The requirements for installation of fire
7 protection systems are as follows:
8 (c) Equipment shall be installed in accordance with
9 the applicable standards of the National Fire Protection
10 Association and the manufacturer's specifications, and the
11 installation shall be undertaken by a fire protection
12 contractor licensed under this chapter and within the scope of
13 licensure as defined in this subsection. The above ground
14 materials and test certificate required by the standards shall
15 be provided by a Contractor I, Contractor II, or Contractor
16 IV. The scope of the above ground material and test
17 certificate begins 1 foot above the finished floor to and
18 including the most remote fire protection device. The
19 Contractor I, Contractor II, or Contractor V is responsible
20 for providing the underground materials and test certificate
21 as required by the standards. The scope of the underground
22 material and test certificate begins at the point of service
23 as defined in this chapter, adopted plumbing code provisions
24 notwithstanding, and finishes no more than 1 foot above the
25 finished floor. A fire protection contractor is not required
26 to assume responsibility for providing a materials and test
27 certificate on work done by others.
28 Section 14. Effective January 1, 2005, all new or
29 retrofitted construction on essential facilities, as defined
30 in ASTM E 1996-02, paragraph 6.2.1.1 (enhanced protection for
31 window and door coverings), which utilizes state or federal
23
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 grants shall meet ASTM level E impact protections.
2 Section 15. The Florida Building Commission shall
3 study the following issues related to the Americans with
4 Disabilities Act, as adopted in section 553.503, Florida
5 Statutes, and the Americans with Disabilities Accessibility
6 Guidelines, as adopted in section 553.504, Florida Statutes:
7 the placement of grab rails in water closets, the placement of
8 access aisles for disabled parking spaces, and the "discipline
9 of accessibility" to review building plans for accessibility.
10 The commission must consider what the current federal law and
11 the Florida Building Code require, if applicable, and the cost
12 implications of any recommendations the commission may offer.
13 The commission must report its findings and recommendations to
14 the Legislature by December 31, 2004.
15 Section 16. Notwithstanding section 553.73, Florida
16 Statutes, the Florida Building Commission is directed to
17 review the exclusion of enclosed area under a mezzanine from
18 total floor area used to determine allowable mezzanine size in
19 a building classified as an "S" occupancy which has been
20 protected by fire sprinklers. Unless the commission identifies
21 substantive lifesafety concerns pertaining to the provision,
22 the commission shall immediately commence rulemaking to remove
23 the exclusion as it applies to "S" occupancy buildings
24 protected by fire sprinklers.
25 Section 17. Subsection (8) is added to section
26 713.135, Florida Statutes, to read:
27 713.135 Notice of commencement and applicability of
28 lien.--
29 (8) Consistent with the requirements of subsection
30 (6), an authority responsible for issuing building permits
31 under this section may accept a building permit application in
24
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 an electronic format, as prescribed by the authority. Building
2 permits submitted electronically must contain the following
3 additional statement:
4
5 OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under
6 penalty of perjury, I declare that the
7 information contained in this building permit
8 application is true and correct.
9 Section 18. Subsection (1) of section 1013.20,
10 Florida Statutes, is amended to read:
11 1013.20 Standards for relocatables used as classroom
12 space; inspections.--
13 (1) The State Board of Education shall adopt rules
14 establishing standards for relocatables intended for long-term
15 use as classroom space at a public elementary school, middle
16 school, or high school. "Long-term use" means the use of
17 relocatables at the same educational plant for a period of 4
18 years or more. Each relocatable acquired by a district school
19 board after the effective date of the rules and intended for
20 long-term use must comply with the standards. District school
21 boards shall submit a plan for the use of existing
22 relocatables within the 5-year work program to be reviewed and
23 approved by the commissioner by January 1, 2003. A progress
24 report shall be provided by the commissioner to the Speaker of
25 the House of Representatives and the President of the Senate
26 each January thereafter. Relocatables that fail to meet the
27 standards after completion of the approved plan may not be
28 used as classrooms. The standards shall protect the health,
29 safety, and welfare of occupants by requiring compliance with
30 the Florida Building Code or the State Requirements for
31 Educational Facilities for existing relocatables, as
25
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 applicable, to ensure the safety and stability of construction
2 and onsite installation; fire and moisture protection; air
3 quality and ventilation; appropriate wind resistance; and
4 compliance with the requirements of the Americans with
5 Disabilities Act of 1990. If appropriate and where
6 relocatables are not scheduled for replacement, the standards
7 must also require relocatables to provide access to the same
8 technologies available to similar classrooms within the main
9 school facility and, if appropriate, and where relocatables
10 are not scheduled for replacement, at the discretion of the
11 local school board, may to be accessible by adequate covered
12 walkways. A relocatable that is subject to this section and
13 does not meet the standards shall not be reported as providing
14 satisfactory student stations in the Florida Inventory of
15 School Houses.
16 Section 19. This act shall take effect upon becoming a
17 law.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 and insert:
25 A bill to be entitled
26 An act relating to the Florida Building Code;
27 amending s. 553.37, F.S.; amending s. 553.415,
28 F.S.; deleting a time deadline requiring the
29 Department of Community Affairs to adopt
30 emergency rules; deleting the department's
31 authority to charge manufacturers a fee for the
26
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 review of its plans and specifications for
2 construction of a factory-built school
3 building; authorizing the department to
4 delegate its authority to renew plans to
5 another entity having a certified plans
6 examiner; providing that, if a certified plans
7 examiner certifies that plans and
8 specifications of construction are in
9 compliance, the department is required to give
10 its approval; requiring that review and
11 approval for any site plan locating a
12 factory-built school building be performed by
13 the specified school district; requiring each
14 factory-built school building to bear the
15 insignia of the department and a data plate;
16 providing application for the insignia;
17 providing that the manufacturer or the
18 contractor performing the alterations to the
19 factory-built school building may permanently
20 affix the insignia and identification label;
21 providing for the approval, delivery, and
22 installation of lawn storage buildings and
23 storage sheds; amending s. 553.73, F.S.;
24 providing code-amendment review requirements;
25 conforming a cross-reference; providing
26 rulemaking authority; amending s. 553.79, F.S.;
27 exempting truss-placement plans from certain
28 requirements; amending s. 553.791, F.S.;
29 providing conditions for use of private plans
30 review and inspection; conforming
31 cross-references; amending s. 553.80, F.S.;
27
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 correcting a cross-reference; authorizing local
2 governments to impose certain fees for code
3 enforcement; providing requirements and
4 limitations; amending s. 489.117, F.S.;
5 specifying when a person may perform specialty
6 contracting services for the construction,
7 remodeling, repair, or improvement of a
8 swimming pool or spa without obtaining a local
9 professional license; requiring local authority
10 to permit local registration, as specified, as
11 an alternative to other local licenses;
12 amending s. 553.841, F.S.; revising Building
13 Code Training Program provisions; amending s.
14 553.8412, F.S.; conforming a cross-reference;
15 amending s. 553.842, F.S.; adding an evaluation
16 entity to the list of entities specifically
17 approved by the commission; suspending a
18 Florida Building Commission Rule relating to
19 local product approval; establishing a product
20 approval advisory committee to study the rule;
21 requiring a report; requiring all new or
22 retrofitted construction on essential
23 facilities which utilizes state or federal
24 grants to meet a higher standard for impact
25 protections; amending s. 633.539, F.S.;
26 requiring that installation of fire protection
27 equipment be done by a contractor licensed
28 under ch. 633, F.S.; specifying the scope of
29 coverage of an above ground materials and test
30 certificate and of an underground materials and
31 test certificate; providing that a fire
28
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SENATE AMENDMENT
Bill No. HB 585, 1st Eng.
Amendment No. ___ Barcode 551966
1 protection contractor is not required to assume
2 responsibility for providing a materials and
3 test certificate on work done by others;
4 requiring the commission to study accessibility
5 issues; requiring a report; directing the
6 Florida Building Commission to review a
7 provision for determining allowable mezzanine
8 size in certain buildings and, if substantive
9 lifesafety concerns do not support the
10 provision, to immediately adopt rules removing
11 it; amending s. 713.135, F.S.; authorizing the
12 authority responsible for issuing building
13 permits to accept a building permit application
14 in an electronic format; requiring that the
15 electronic form contain a statement that the
16 information in the application is correct;
17 amending s. 1013.20, F.S.; authorizing a
18 district school board to determine the need for
19 covered walkways; providing effective dates.
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