SENATE AMENDMENT
    Bill No. HB 585, 1st Eng.
    Amendment No. ___   Barcode 551966
                            CHAMBER ACTION
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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
15  
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 2 3:15 PM 04/28/04 h0585c-22k0a
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 3 3:15 PM 04/28/04 h0585c-22k0a
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 4 3:15 PM 04/28/04 h0585c-22k0a
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 5 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT 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 6 3:15 PM 04/28/04 h0585c-22k0a
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 7 3:15 PM 04/28/04 h0585c-22k0a
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 8 3:15 PM 04/28/04 h0585c-22k0a
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, 9 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT 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. 10 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT 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 11 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT 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 12 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT 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. 13 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT 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 14 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT Bill No. HB 585, 1st Eng. Amendment No. ___ Barcode 551966 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 15 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT Bill No. HB 585, 1st Eng. Amendment No. ___ Barcode 551966 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 16 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT Bill No. HB 585, 1st Eng. Amendment No. ___ Barcode 551966 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 17 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT Bill No. HB 585, 1st Eng. Amendment No. ___ Barcode 551966 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 18 3:15 PM 04/28/04 h0585c-22k0a
SENATE AMENDMENT Bill No. HB 585, 1st Eng. 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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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 3:15 PM 04/28/04 h0585c-22k0a
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. 20 21 22 23 24 25 26 27 28 29 30 31 29 3:15 PM 04/28/04 h0585c-22k0a