HB 0911

1	A bill to be entitled
2	An act relating to the Florida Building Code; amending s.
3	553.73, F.S.; providing code-amendment review
4	requirements; conforming a cross reference; amending s.
5	553.74, F.S.; revising the appointment of members to the
6	Florida Building Commission; amending s. 553.77, F.S.;
7	revising duties of the Florida Building Commission;
8	deleting requirements that the commission hear certain
9	appeals and issue declaratory statements; creating s.
10	553.775, F.S.; providing legislative intent with respect
11	to the interpretation of the Florida Building Code;
12	providing for the commission to resolve disputes regarding
13	interpretations of the code; requiring the commission to
14	review decisions of local building officials and local
15	enforcement agencies; providing for publication of an
16	interpretation on the Building Code Information System and
17	in the Florida Administrative Weekly; amending s. 553.79,
18	F.S.; exempting truss-placement plans from certain
19	requirements; amending s. 553.791, F.S.; providing
20	conditions for use of private plans review and inspection;
21	conforming cross references; amending s. 553.80, F.S.;
22	authorizing local governments to impose certain fees for
23	code enforcement; providing requirements and limitations;
24	requiring the commission to expedite adoption and
25	implementation of the existing state building code as part
26	of the Florida Building Code pursuant to limited
27	procedures; conforming a cross reference; amending s.
28	120.80, F.S.; authorizing the Florida Building Commission
29	to conduct proceedings to review decisions of local
30	officials; amending s. 553.841, F.S.; revising Building
31	Code Training Program provisions; amending s. 553.8412,
32	F.S.; conforming a cross reference; amending s. 553.842,
33	F.S.; adding an evaluation entity to the list of entities
34	specifically approved by the commission; providing an
35	effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Subsection (2), paragraph (c) of subsection
40	(4), and paragraphs (a) and (c) of subsection (7) of section
41	553.73, Florida Statutes, are amended to read:
42	553.73  Florida Building Code.--
43	(2)  The Florida Building Code shall contain provisions or
44	requirements for public and private buildings, structures, and
45	facilities relative to structural, mechanical, electrical,
46	plumbing, energy, and gas systems, existing buildings,
47	historical buildings, manufactured buildings, elevators, coastal
48	construction, lodging facilities, food sales and food service
49	facilities, health care facilities, including assisted living
50	facilities, adult day care facilities, hospice residential
51	facilities, inpatient facilities, and facilities for the control
52	of radiation hazards, public or private educational facilities,
53	swimming pools, and correctional facilities and enforcement of
54	and compliance with such provisions or requirements. Further,
55	the Florida Building Code must provide for uniform
56	implementation of ss. 515.25, 515.27, and 515.29 by including
57	standards and criteria for residential swimming pool barriers,
58	pool covers, latching devices, door and window exit alarms, and
59	other equipment required therein, which are consistent with the
60	intent of s. 515.23. Technical provisions to be contained within
61	the Florida Building Code are restricted to requirements related
62	to the types of materials used and construction methods and
63	standards employed in order to meet criteria specified in the
64	Florida Building Code. Provisions relating to the personnel,
65	supervision or training of personnel, or any other professional
66	qualification requirements relating to contractors or their
67	workforce may not be included within the Florida Building Code,
68	and subsections (4), (5), (6), and (7) are not to be construed
69	to allow the inclusion of such provisions within the Florida
70	Building Code by amendment. This restriction applies to both
71	initial development and amendment of the Florida Building Code.
72	(4)
73	(c)  Any amendment adopted by a local enforcing agency
74	pursuant to this subsection shall not apply to state or school
75	district owned buildings, manufactured buildings or factory-
76	built school buildings approved by the commission, or prototype
77	buildings approved pursuant to s. 553.77(3)(5). The respective
78	responsible entities shall consider the physical performance
79	parameters substantiating such amendments when designing,
80	specifying, and constructing such exempt buildings.
81	(7)(a)  The commission may approve technical amendments to
82	the Florida Building Code once each year for statewide or
83	regional application upon a finding that the amendment:
84	1.  Has a reasonable and substantial connection with the
85	health, safety, and welfare of the general public.
86	2.  Strengthens or improves the Florida Building Code, or
87	in the case of innovation or new technology, will provide
88	equivalent or better products or methods or systems of
89	construction.
90	3.  Does not discriminate against materials, products,
91	methods, or systems of construction of demonstrated
92	capabilities.
93	4.  Does not degrade the effectiveness of the Florida
94	Building Code.
95
96	Furthermore, the Florida Building Commission may approve
97	technical amendments to the code once each year to incorporate
98	into the Florida Building Code its own interpretations of the
99	code which are embodied in its opinions, final orders, and
100	declaratory statements, and interpretations of hearing officer
101	panels under s. 553.775(3)(c). Amendments approved under this
102	paragraph shall be adopted by rule pursuant to ss. 120.536(1)
103	and 120.54, after the amendments have been subjected to the
104	provisions of subsection (3).
105	(c)  The commission may not approve any proposed amendment
106	that does not accurately and completely address all requirements
107	for amendment which are set forth in this section. The
108	commission shall require all proposed amendments and information
109	submitted with proposed amendments to be reviewed by commission
110	staff prior to consideration by any technical advisory
111	committee. These reviews shall be for sufficiency only and are
112	not intended to be qualitative in nature. Staff members shall
113	reject any proposed amendment that fails to include a fiscal
114	impact statement providing information responsive to all
115	criteria identified. Proposed amendments rejected by members of
116	the staff may not be considered by the commission or any
117	technical advisory committee.
118	Section 2.  Subsection (1) of section 553.74, Florida
119	Statutes, is amended to read:
120	553.74  Florida Building Commission.--
121	(1)  The Florida Building Commission is created and shall
122	be located within the Department of Community Affairs for
123	administrative purposes. Members shall be appointed by the
124	Governor subject to confirmation by the Senate. The Governor may
125	appoint commission members from lists of candidates submitted by
126	the respective professional organizations or may appoint any
127	other person otherwise qualified according to this section. The
128	commission shall be composed of 23 members, consisting of the
129	following:
130	(a)  One architect registered to practice in this state and
131	actively engaged in the profession from a list of three
132	candidates provided by the American Institute of Architecture,
133	Florida Section.
134	(b)  One structural engineer registered to practice in this
135	state and actively engaged in the profession from a list of
136	three candidates provided by the Florida Engineering Society.
137	(c)  One air-conditioning or mechanical contractor
138	certified to do business in this state and actively engaged in
139	the profession from a list of three candidates provided by the
140	Florida Air Conditioning Contractors Association and the Florida
141	Refrigeration and Air Conditioning Contractors Association.
142	(d)  One electrical contractor certified to do business in
143	this state and actively engaged in the profession from a list of
144	three candidates provided by the Florida Electrical Contractors
145	Association.
146	(e)  One member from fire protection engineering or
147	technology who is actively engaged in the profession from a list
148	of three candidates provided by the Florida Fire Protection
149	Engineers Society and the Florida Fire Marshals Association.
150	(f)  One general contractor certified to do business in
151	this state and actively engaged in the profession from a list of
152	three candidates provided by the Associated Builders and
153	Contractors of Florida and the Florida Associated General
154	Contractors Council.
155	(g)  One plumbing contractor licensed to do business in
156	this state and actively engaged in the profession from a list of
157	three candidates provided by the Florida Association of
158	Plumbing, Heating, and Cooling Contractors.
159	(h)  One roofing or sheet metal contractor certified to do
160	business in this state and actively engaged in the profession
161	from a list of three candidates provided by the Florida Roofing,
162	Sheet Metal, and Air Conditioning Contractors Association.
163	(i)  One residential contractor licensed to do business in
164	this state and actively engaged in the profession from a list of
165	three candidates provided by the Florida Home Builders
166	Association.
167	(j)  Three members who are municipal or district codes
168	enforcement officials, two of whom shall be from a list of four
169	candidates provided by the Building Officials Association of
170	Florida and one of whom is also a fire official from a list of
171	three candidates provided by the Florida Fire Marshals
172	Association.
173	(k)  One member who represents the Department of Financial
174	Services.
175	(l)  One member who is a county codes enforcement official
176	from a list of three candidates provided by the Building
177	Officials Association of Florida.
178	(m)  One member of a Florida-based organization of persons
179	with disabilities or a nationally chartered organization of
180	persons with disabilities with chapters in this state.
181	(n)  One member of the manufactured buildings industry who
182	is licensed to do business in this state and is actively engaged
183	in the industry from a list of three candidates provided by the
184	Florida Manufactured Housing Association.
185	(o)  One mechanical or electrical engineer registered to
186	practice in this state and actively engaged in the profession
187	from a list of three candidates provided by the Florida
188	Engineering Society.
189	(p)  One member who is an elected a representative of a
190	municipality or a charter county from a list of three candidates
191	provided by the Florida League of Cities and the Florida
192	Association of Counties.
193	(q)  One member of the building products manufacturing
194	industry who is authorized to do business in this state and is
195	actively engaged in the industry from a list of three candidates
196	provided by the Florida Building Materials Association, the
197	Florida Concrete and Products Association, and the Fenestration
198	Manufacturers Association.
199	(r)  One member who is a representative of the building
200	owners and managers industry who is actively engaged in
201	commercial building ownership or management from a list of three
202	candidates provided by the Building Owners and Managers
203	Association.
204	(s)  One member who is a representative of the insurance
205	industry from a list of three candidates provided by the Florida
206	Insurance Council.
207	(t)  One member who is a representative of public
208	education.
209	(u)  One member who shall be the chair.
210
211	Any person serving on the commission under paragraph (c) or
212	paragraph (h) on October 1, 2004 2003, and who has served less
213	than two full terms is eligible for reappointment to the
214	commission regardless of whether he or she meets the new
215	qualification.
216	Section 3.  Section 553.77, Florida Statutes, is amended to
217	read:
218	553.77  Specific powers of the commission.--
219	(1)  The commission shall:
220	(a)  Adopt and update the Florida Building Code or
221	amendments thereto, pursuant to ss. 120.536(1) and 120.54.
222	(b)  Make a continual study of the operation of the Florida
223	Building Code and other laws relating to the design,
224	construction, erection, alteration, modification, repair, or
225	demolition of public or private buildings, structures, and
226	facilities, including manufactured buildings, and code
227	enforcement, to ascertain their effect upon the cost of building
228	construction and determine the effectiveness of their
229	provisions. Upon updating the Florida Building Code every 3
230	years, the commission shall review existing provisions of law
231	and make recommendations to the Legislature for the next regular
232	session of the Legislature regarding provisions of law that
233	should be revised or repealed to ensure consistency with the
234	Florida Building Code at the point the update goes into effect.
235	State agencies and local jurisdictions shall provide such
236	information as requested by the commission for evaluation of and
237	recommendations for improving the effectiveness of the system of
238	building code laws for reporting to the Legislature annually.
239	Failure to comply with this or other requirements of this act
240	must be reported to the Legislature for further action. Any
241	proposed legislation providing for the revision or repeal of
242	existing laws and rules relating to technical requirements
243	applicable to building structures or facilities should expressly
244	state that such legislation is not intended to imply any repeal
245	or sunset of existing general or special laws governing any
246	special district that are not specifically identified in the
247	legislation.
248	(c)  Upon written application by any substantially affected
249	person or a local enforcement agency, issue declaratory
250	statements pursuant to s. 120.565 relating to new technologies,
251	techniques, and materials which have been tested where necessary
252	and found to meet the objectives of the Florida Building Code.
253	This paragraph does not apply to the types of products,
254	materials, devices, or methods of construction required to be
255	approved under paragraph (f) (i).
256	(d)  Upon written application by any substantially affected
257	person, state agency, or a local enforcement agency, issue
258	declaratory statements pursuant to s. 120.565 relating to the
259	enforcement or administration by local governments of the
260	Florida Building Code. Paragraph (h) provides the exclusive
261	remedy for addressing local interpretations of the code.
262	(e)  When requested in writing by any substantially
263	affected person, state agency, or a local enforcing agency,
264	shall issue declaratory statements pursuant to s. 120.565
265	relating to this part and ss. 515.25, 515.27, 515.29, and
266	515.37.  Actions of the commission are subject to judicial
267	review pursuant to s. 120.68.
268	(d)(f)  Make recommendations to, and provide assistance
269	upon the request of, the Florida Commission on Human Relations
270	regarding rules relating to accessibility for persons with
271	disabilities.
272	(e)(g)  Participate with the Florida Fire Code Advisory
273	Council created under s. 633.72, to provide assistance and
274	recommendations relating to firesafety code interpretations. The
275	administrative staff of the commission shall attend meetings of
276	the Florida Fire Code Advisory Council and coordinate efforts to
277	provide consistency between the Florida Building Code and the
278	Florida Fire Prevention Code and the Life Safety Code.
279	(h)  Hear appeals of the decisions of local boards of
280	appeal regarding interpretation decisions of local building
281	officials, or if no local board exists, hear appeals of
282	decisions of the building officials regarding interpretations of
283	the code.  For such appeals:
284	1.  Local decisions declaring structures to be unsafe and
285	subject to repair or demolition shall not be appealable to the
286	commission if the local governing body finds there is an
287	immediate danger to the health and safety of its citizens.
288	2.  All appeals shall be heard in the county of the
289	jurisdiction defending the appeal.
290	3.  Hearings shall be conducted pursuant to chapter 120 and
291	the uniform rules of procedure, and decisions of the commission
292	are subject to judicial review pursuant to s. 120.68.
293	(f)(i)  Determine the types of products which may be
294	approved by the commission requiring approval for local or
295	statewide use and shall provide for the evaluation and approval
296	of such products, materials, devices, and method of construction
297	for statewide use. The commission may prescribe by rule a
298	schedule of reasonable fees to provide for evaluation and
299	approval of products, materials, devices, and methods of
300	construction. Evaluation and approval shall be by action of the
301	commission or delegated pursuant to s. 553.842. This paragraph
302	does not apply to products approved by the State Fire Marshal.
303	(g)(j)  Appoint experts, consultants, technical advisers,
304	and advisory committees for assistance and recommendations
305	relating to the major areas addressed in the Florida Building
306	Code.
307	(h)(k)  Establish and maintain a mutual aid program,
308	organized through the department, to provide an efficient supply
309	of various levels of code enforcement personnel, design
310	professionals, commercial property owners, and construction
311	industry individuals, to assist in the rebuilding effort in an
312	area which has been hit with disaster.  The program shall
313	include provisions for:
314	1.  Minimum postdisaster structural, electrical, and
315	plumbing inspections and procedures.
316	2.  Emergency permitting and inspection procedures.
317	3.  Establishing contact with emergency management
318	personnel and other state and federal agencies.
319	(i)(l)  Maintain a list of interested parties for noticing
320	rulemaking workshops and hearings, disseminating information on
321	code adoption, revisions, amendments, and all other such actions
322	which are the responsibility of the commission.
323	(j)(m)  Coordinate with the state and local governments,
324	industry, and other affected stakeholders in the examination of
325	legislative provisions and make recommendations to fulfill the
326	responsibility to develop a consistent, single code.
327	(k)(n)  Provide technical assistance to local building
328	departments in order to implement policies, procedures, and
329	practices which would produce the most cost-effective property
330	insurance ratings.
331	(l)(o)  Develop recommendations for local governments to
332	use when pursuing partial or full privatization of building
333	department functions. The recommendations shall include, but not
334	be limited to, provisions relating to equivalency of service,
335	conflict of interest, requirements for competency, liability,
336	insurance, and long-term accountability.
337	(2)  Upon written application by any substantially affected
338	person, the commission shall issue a declaratory statement
339	pursuant to s. 120.565 relating to a state agency's
340	interpretation and enforcement of the specific provisions of the
341	Florida Building Code the agency is authorized to enforce. The
342	provisions of this subsection shall not be construed to provide
343	any powers, other than advisory, to the commission with respect
344	to any decision of the State Fire Marshal made pursuant to the
345	provisions of chapter 633.
346	(3)  The commission may designate a commission member with
347	demonstrated expertise in interpreting building plans to attend
348	each meeting of the advisory council created in s. 553.512.  The
349	commission member may vary from meeting to meeting, shall serve
350	on the council in a nonvoting capacity, and shall receive per
351	diem and expenses as provided in s. 553.74(3).
352	(2)(4)  For educational and public information purposes,
353	the commission shall develop and publish an informational and
354	explanatory document which contains descriptions of the roles
355	and responsibilities of the licensed design professional,
356	residential designer, contractor, and local building and fire
357	code officials. The State Fire Marshal shall be responsible for
358	developing and specifying roles and responsibilities for fire
359	code officials. Such document may also contain descriptions of
360	roles and responsibilities of other participants involved in the
361	building codes system.
362	(3)(5)  The commission may provide by rule for plans review
363	and approval of prototype buildings owned by public and private
364	entities to be replicated throughout the state. The rule must
365	allow for review and approval of plans for prototype buildings
366	to be performed by a public or private entity with oversight by
367	the commission. The department may charge reasonable fees to
368	cover the administrative costs of the program. Such approved
369	plans or prototype buildings shall be exempt from further review
370	required by s. 553.79(2), except changes to the prototype
371	design, site plans, and other site-related items. As provided in
372	s. 553.73, prototype buildings are exempt from any locally
373	adopted amendment to any part of the Florida Building Code.
374	Construction or erection of such prototype buildings is subject
375	to local permitting and inspections pursuant to this part.
376	(4)(6)  The commission may produce and distribute a
377	commentary document to accompany the Florida Building Code. The
378	commentary must be limited in effect to providing technical
379	assistance and must not have the effect of binding
380	interpretations of the code document itself.
381	(7)  The commission shall by rule establish an informal
382	process of rendering nonbinding interpretations of the Florida
383	Building Code.  The commission is specifically authorized to
384	refer interpretive issues to organizations that represent those
385	engaged in the construction industry.  The commission is
386	directed to immediately implement the process prior to the
387	completion of formal rulemaking.  It is the intent of the
388	Legislature that the commission create a process to refer
389	questions to a small, rotating group of individuals licensed
390	under part XII of chapter 468, to which a party can pose
391	questions regarding the interpretation of code provisions.  It
392	is the intent of the Legislature that the process provide for
393	the expeditious resolution of the issues presented and
394	publication of the resulting interpretation on the Building Code
395	Information System.  Such interpretations are to be advisory
396	only and nonbinding on the parties or the commission.
397	Section 4.  Section 553.775, Florida Statutes, is created
398	to read:
399	553.775  Interpretations.--
400	(1)  It is the intent of the Legislature that the Florida
401	Building Code be interpreted by building officials, local
402	enforcement agencies, and the commission in a manner that
403	protects the public safety, health, and welfare at the most
404	reasonable cost to the consumer by ensuring uniform
405	interpretations throughout the state and by providing processes
406	for resolving disputes regarding interpretations of the Florida
407	Building Code which are just and expeditious.
408	(2)  Local enforcement agencies, local building officials,
409	state agencies, and the commission shall interpret provisions of
410	the Florida Building Code in a manner that is consistent with
411	declaratory statements and interpretations entered by the
412	commission, except that conflicts between the Florida Fire
413	Prevention Code and the Florida Building Code shall be resolved
414	in accordance with s. 553.73(9)(c) and (d).
415	(3)  The following procedures may be invoked regarding
416	interpretations of the Florida Building Code:
417	(a)  Upon written application by any substantially affected
418	person, state agency or by a local enforcement agency, the
419	commission shall issue declaratory statements pursuant to s.
420	120.565 relating to the enforcement or administration by local
421	governments of the Florida Building Code.
422	(b)  When requested in writing by any substantially
423	affected person, state agency or by a local enforcement agency,
424	the commission shall issue a declaratory statement pursuant to
425	s. 120.565 relating to this part and ss. 515.25, 515.27, 515.29,
426	and 515.37. Actions of the commission are subject to judicial
427	review under s. 120.68.
428	(c)  The commission shall review decisions of local
429	building officials and local enforcement agencies regarding
430	interpretations of the Florida Building Code as follows:
431	1.  The commission shall coordinate with the Building
432	Officials Association of Florida, Inc., to designate panels
433	composed of five members to hear requests to review decisions of
434	local building officials. The members must be licensed as
435	building code administrators under part XII of chapter 468 and
436	must have experience interpreting and enforcing provisions of
437	the Florida Building Code.
438	2.  Requests to review a decision of a local building
439	official interpreting provisions of the Florida Building Code
440	may be initiated by any substantially affected person, including
441	an owner or builder subject to a decision of a local building
442	official, or an association of owners or builders with members
443	who are subject to a decision of a local building official. In
444	order to initiate review, the substantially affected person must
445	file a petition with the commission. The commission shall adopt
446	a form for the petition, which shall be published on the
447	Building Code Information System. The form shall, at a minimum,
448	require the following:
449	a.  The name and address of the county or municipality in
450	which provisions of the Florida Building Code are being
451	interpreted.
452	b.  The name and address of the local building official who
453	has made the interpretation being appealed.
454	c.  The name, address, and telephone number of the
455	petitioner; the name, address, and telephone number of the
456	petitioner's representative, if any; and an explanation of how
457	the petitioner's substantial interests are being affected by the
458	local interpretation of the Florida Building Code.
459	d.  A statement of the provisions of the Florida Building
460	Code which are being interpreted by the local building official.
461	e.  A statement of the interpretation given to provisions
462	of the Florida Building Code by the local building official and
463	the manner in which the interpretation was rendered.
464	f.  A statement of the interpretation that the petitioner
465	contends should be given to the provisions of the Florida
466	Building Code and a statement supporting the petitioner's
467	interpretation.
468	g.  Space for the local building official to respond in
469	writing. The space shall, at a minimum, require the local
470	building official to respond by providing a statement admitting
471	or denying the statements contained in the petition and a
472	statement of the interpretation of the provisions of the Florida
473	Building Code which the local jurisdiction or the local building
474	official contends is correct, including the basis for the
475	interpretation.
476	3.  The petitioner shall submit the petition to the local
477	building official, who shall place the date of receipt on the
478	petition. The local building official shall respond to the
479	petition in accordance with the form and shall return the
480	petition along with his or her response to the petitioner within
481	5 days after receipt, exclusive of Saturdays, Sundays, and legal
482	holidays. The petitioner may file the petition with the
483	commission at any time after the local building official
484	provides a response. If no response is provided by the local
485	building official, the petitioner may file the petition with the
486	commission 10 days after submission of the petition to the local
487	building official and shall note that the local building
488	official did not respond.
489	4.  Upon receipt of a petition that meets the requirements
490	of subparagraph 2., the commission shall immediately provide
491	copies of the petition to a panel, and the commission shall
492	publish the petition, including any response submitted by the
493	local building official, on the Building Code Information System
494	in a manner that allows interested persons to address the issues
495	by posting comments.
496	5.  The panel shall conduct proceedings as necessary to
497	resolve the issues; shall give due regard to the petitions, and
498	the response, and to comments posed on the Building Code
499	Information System; and shall issue an interpretation regarding
500	the provisions of the Florida Building Code within 21 days after
501	the filing of the petition. The panel shall render a
502	determination based upon the Florida Building Code or, if the
503	code is ambiguous, the intent of the code. The panel's
504	interpretation shall be provided to the commission, which shall
505	publish the interpretation on the Building Code Information
506	System and in the Florida Administrative Weekly. The
507	interpretation shall be considered an interpretation entered by
508	the commission, and shall be binding upon the parties and upon
509	all jurisdictions subject to the Florida Building Code, unless
510	it is superseded by a declaratory statement issued by the
511	Florida Building Commission or by a final order entered after an
512	appeal proceeding conducted in accordance with subparagraph 7.
513	6.  It is the intent of the Legislature that review
514	proceedings be completed within 21 days after the date that a
515	petition seeking review is filed with the commission, and the
516	time periods set forth in this paragraph may be waived only upon
517	consent of all parties.
518	7.  Any substantially affected person may appeal an
519	interpretation rendered by a hearing officer panel by filing a
520	petition with the commission. Such appeals shall be initiated in
521	accordance with chapter 120 and the uniform rules of procedure
522	and must be filed within 30 days after publication of the
523	interpretation on the Building Code Information System or in the
524	Florida Administrative Weekly. Hearings shall be conducted
525	pursuant to chapter 120 and the uniform rules of procedure.
526	Decisions of the commission are subject to judicial review
527	pursuant to s. 120.68. The final order of the commission is
528	binding upon the parties and upon all jurisdictions subject to
529	the Florida Building Code.
530	8.  The burden of proof in any proceeding initiated in
531	accordance with subparagraph 7. shall be on the party who
532	initiated the appeal.
533	9.  In any review proceeding initiated in accordance with
534	this paragraph, including any proceeding initiated in accordance
535	with subparagraph 7., the fact that an owner or builder has
536	proceeded with construction shall not be grounds for determining
537	an issue to be moot if the issue is one that is likely to arise
538	in the future.
539
540	This paragraph provides the exclusive remedy for addressing
541	requests to review local interpretations of the code and appeals
542	from review proceedings.
543	(d)  Local decisions declaring structures to be unsafe and
544	subject to repair or demolition are not subject to review under
545	this subsection and may not be appealed to the commission if the
546	local governing body finds that there is an immediate danger to
547	the health and safety of the public.
548	(e)  Upon written application by any substantially affected
549	person, the commission shall issue a declaratory statement
550	pursuant to s. 120.565 relating to an agency's interpretation
551	and enforcement of the specific provisions of the Florida
552	Building Code which the agency is authorized to enforce. This
553	subsection does not provide any powers, other than advisory, to
554	the commission with respect to any decision of the State Fire
555	Marshal made pursuant to chapter 633.
556	(f)  The commission may designate a commission member with
557	demonstrated expertise in interpreting building plans to attend
558	each meeting of the advisory council created in s. 553.512. The
559	commission member may vary from meeting to meeting, shall serve
560	on the council in a nonvoting capacity, and shall receive per
561	diem and expenses as provided in s. 553.74(3).
562	(g)  The commission shall by rule establish an informal
563	process of rendering nonbinding interpretations of the Florida
564	Building Code. The commission is specifically authorized to
565	refer interpretive issues to organizations that represent those
566	engaged in the construction industry. The commission shall
567	immediately implement the process prior to the completion of
568	formal rulemaking. It is the intent of the Legislature that the
569	commission create a process to refer questions to a small,
570	rotating group of individuals licensed under part XII of chapter
571	468, to which a party may pose questions regarding the
572	interpretation of code provisions. It is the intent of the
573	Legislature that the process provide for the expeditious
574	resolution of the issues presented and publication of the
575	resulting interpretation on the Building Code Information
576	System. Such interpretations shall be advisory only and
577	nonbinding on the parties and the commission.
578	Section 5.  Subsection (14) of section 553.79, Florida
579	Statutes, is amended to read:
580	553.79  Permits; applications; issuance; inspections.--
581	(14)  Certifications by contractors authorized under the
582	provisions of s. 489.115(4)(b) shall be considered equivalent to
583	sealed plans and specifications by a person licensed under
584	chapter 471 or chapter 481 by local enforcement agencies for
585	plans review for permitting purposes relating to compliance with
586	the wind resistance provisions of the code or alternate
587	methodologies approved by the commission for one and two family
588	dwellings. Local enforcement agencies may rely upon such
589	certification by contractors that the plans and specifications
590	submitted conform to the requirements of the code for wind
591	resistance. Upon good cause shown, local government code
592	enforcement agencies may accept or reject plans sealed by
593	persons licensed under chapter 471, chapter 481, or chapter 489.
594	A truss-placement plan is not required to be signed and sealed
595	by an engineer or architect unless prepared by an engineer or
596	architect or specifically required by the Florida Building Code.
597	Section 6.  Subsections (2), (4), paragraph (a) of
598	subsection (6), subsection (11), paragraphs (b) and (c) of
599	subsection (12), and subsections (14) and (15) of section
600	553.791, Florida Statutes, are amended to read:
601	553.791  Alternative plans review and inspection.--
602	(2)  Notwithstanding any other provision of law or local
603	government ordinance or local policy to the contrary, the fee
604	owner of a building, or the fee owner's contractor upon written
605	authorization from the fee owner, may choose to use a private
606	provider to provide building code inspection services with
607	regard to such building and may make payment directly to the
608	private provider for the provision of such services.  All such
609	services shall be the subject of a written contract between the
610	private provider, or the private provider's firm, and the fee
611	owner. The fee owner may elect to use a private provider to
612	provide either plans review or required building inspections.
613	The local building official, in his or her discretion and
614	pursuant to duly adopted policies of the local enforcement
615	agency, may require the fee owner who desires to use a private
616	provider to use the private provider to provide both plans
617	review and required building inspection services.
618	(4)  A fee owner or the fee owner's contractor using a
619	private provider to provide building code inspection services
620	shall notify the local building official at the time of permit
621	application or no less than 1 week prior to a private provider's
622	providing building code inspection services on a form to be
623	adopted by the commission. This notice shall include the
624	following information:
625	(a)  The services to be performed by the private provider.
626	(b)  The name, firm, address, telephone number, and
627	facsimile number of each private provider who is performing or
628	will perform such services, his or her professional license or
629	certification number, qualification statements or resumes, and,
630	if required by the local building official, a certificate of
631	insurance demonstrating that professional liability insurance
632	coverage is in place for the private provider's firm, the
633	private provider, and any duly authorized representative in the
634	amounts required by this section.
635	(c)  An acknowledgment from the fee owner in substantially
636	the following form:
637
638	I have elected to use one or more private providers to
639	provide building code plans review and/or inspection
640	services on the building that is the subject of the
641	enclosed permit application, as authorized by s.
642	553.791, Florida Statutes.  I understand that the
643	local building official may not review the plans
644	submitted or perform the required building inspections
645	to determine compliance with the applicable codes,
646	except to the extent specified in said law.  Instead,
647	plans review and/or required building inspections will
648	be performed by licensed or certified personnel
649	identified in the application. The law requires
650	minimum insurance requirements for such personnel, but
651	I understand that I may require more insurance to
652	protect my interests.  By executing this form, I
653	acknowledge that I have made inquiry regarding the
654	competence of the licensed or certified personnel and
655	the level of their insurance and am satisfied that my
656	interests are adequately protected. I agree to
657	indemnify, defend, and hold harmless the local
658	government, the local building official, and their
659	building code enforcement personnel from any and all
660	claims arising from my use of these licensed or
661	certified personnel to perform building code
662	inspection services with respect to the building that
663	is the subject of the enclosed permit application.
664
665	If the fee owner or the fee owner's contractor makes any changes
666	to the listed private providers or the services to be provided
667	by those private providers, the fee owner or the fee owner's
668	contractor shall, within 1 business day after any change, update
669	the notice to reflect such changes.
670	(6)(a)  No more than Within 30 business days after receipt
671	of a permit application and the affidavit from the private
672	provider required pursuant to subsection (5), the local building
673	official shall issue the requested permit or provide a written
674	notice to the permit applicant identifying the specific plan
675	features that do not comply with the applicable codes, as well
676	as the specific code chapters and sections.  If the local
677	building official does not provide a written notice of the plan
678	deficiencies within the prescribed 30-day period, the permit
679	application shall be deemed approved as a matter of law, and the
680	permit shall be issued by the local building official on the
681	next business day.
682	(11)  No more than Within 2 business days after receipt of
683	a request for a certificate of occupancy or certificate of
684	completion and the applicant's presentation of a certificate of
685	compliance and approval of all other government approvals
686	required by law, the local building official shall issue the
687	certificate of occupancy or certificate of completion or provide
688	a notice to the applicant identifying the specific deficiencies,
689	as well as the specific code chapters and sections.  If the
690	local building official does not provide notice of the
691	deficiencies within the prescribed 2-day period, the request for
692	a certificate of occupancy or certificate of completion shall be
693	deemed granted and the certificate of occupancy or certificate
694	of completion shall be issued by the local building official on
695	the next business day.  To resolve any identified deficiencies,
696	the applicant may elect to dispute the deficiencies pursuant to
697	subsection (12) or to submit a corrected request for a
698	certificate of occupancy or certificate of completion.
699	(12)  If the local building official determines that the
700	building construction or plans do not comply with the applicable
701	codes, the official may deny the permit or request for a
702	certificate of occupancy or certificate of completion, as
703	appropriate, or may issue a stop-work order for the project or
704	any portion thereof, if the official determines that such
705	noncompliance poses a threat to public safety and welfare,
706	subject to the following:
707	(b)  If the local building official and private provider
708	are unable to resolve the dispute, the matter shall be referred
709	to the local enforcement agency's board of appeals, if one
710	exists, which shall consider the matter at its next scheduled
711	meeting or sooner. Any decisions by the local enforcement
712	agency's board of appeals, or local building official if there
713	is no board of appeals, may be appealed to the commission
714	pursuant to s. 553.775 553.77(1)(h).
715	(c)  Notwithstanding any provision of this section, any
716	decisions regarding the issuance of a building permit,
717	certificate of occupancy, or certificate of completion may be
718	reviewed by the local enforcement agency's board of appeals, if
719	one exists. Any decision by the local enforcement agency's board
720	of appeals, or local building official if there is no board of
721	appeals, may be appealed to the commission pursuant to s.
722	553.775 553.77(1)(h), which shall consider the matter at the
723	commission's next scheduled meeting.
724	(14)  No local enforcement agency, local building official,
725	or local government may adopt or enforce any laws, rules,
726	procedures, policies, or standards more stringent than those
727	prescribed by this section.
728	(15)  A private provider may perform building code
729	inspection services under this section only if the private
730	provider maintains insurance for professional and comprehensive
731	general liability with minimum policy limits of $1 million per
732	occurrence covering relating to all services performed as a
733	private provider. If the private provider chooses to secure
734	claims-made coverage to fulfill this requirement, the private
735	provider must also maintain, including tail coverage for a
736	minimum of 5 years subsequent to the performance of building
737	code inspection services. Occurrence-based coverage shall not be
738	subject to any tail coverage requirement.
739	Section 7.  Paragraph (d) of subsection (1) of section
740	553.80, Florida Statutes, is amended, and subsection (7) is
741	added to said section, to read:
742	553.80  Enforcement.--
743	(1)  Except as provided in paragraphs (a)-(f), each local
744	government and each legally constituted enforcement district
745	with statutory authority shall regulate building construction
746	and, where authorized in the state agency's enabling
747	legislation, each state agency shall enforce the Florida
748	Building Code required by this part on all public or private
749	buildings, structures, and facilities, unless such
750	responsibility has been delegated to another unit of government
751	pursuant to s. 553.79(9).
752	(d)  Building plans approved pursuant to s. 553.77(3)(5)
753	and state-approved manufactured buildings, including buildings
754	manufactured and assembled offsite and not intended for
755	habitation, such as lawn storage buildings and storage sheds,
756	are exempt from local code enforcing agency plan reviews except
757	for provisions of the code relating to erection, assembly, or
758	construction at the site. Erection, assembly, and construction
759	at the site are subject to local permitting and inspections.
760
761	The governing bodies of local governments may provide a schedule
762	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
763	section, for the enforcement of the provisions of this part.
764	Such fees shall be used solely for carrying out the local
765	government's responsibilities in enforcing the Florida Building
766	Code. The authority of state enforcing agencies to set fees for
767	enforcement shall be derived from authority existing on July 1,
768	1998. However, nothing contained in this subsection shall
769	operate to limit such agencies from adjusting their fee schedule
770	in conformance with existing authority.
771	(7)  The governing bodies of local governments may provide
772	a schedule of reasonable fees, as authorized by s. 125.56(2) or
773	s. 166.222 and this section, for enforcing this part. These
774	fees, and any fines or investment earnings related to the fees,
775	shall be used solely for carrying out the local government's
776	responsibilities in enforcing the Florida Building Code. When
777	providing a schedule of reasonable fees, the total estimated
778	annual revenue derived from fees and the fines and investment
779	earnings related to the fees may not exceed the total estimated
780	annual costs of allowable activities. Any unexpended balances
781	shall be carried forward to future years for allowable
782	activities or shall be refunded at the discretion of the local
783	government. The basis for a fee structure for allowable
784	activities shall relate to the level of service provided by the
785	local government. Fees charged shall be consistently applied.
786	(a)  As used in this subsection, the phrase "enforcing the
787	Florida Building Code" includes the direct costs and reasonable
788	indirect costs associated with review of building plans,
789	building inspections, reinspections, building permit processing,
790	and building code enforcement. The phrase may also include
791	enforcement action pertaining to unlicensed contractor activity
792	to the extent not funded by other user fees. Costs related to
793	planning and zoning or other general government activities;
794	costs related to the inspections of public buildings for a
795	reduced fee or no fee; costs incurred in connection with public
796	information requests, community functions, boards, and programs
797	that are not directly related to enforcement of the Florida
798	Building Code; and costs associated with the enforcement and
799	implementation of any other local ordinance, excluding validly
800	adopted local amendments to the Florida Building Code and
801	excluding any local ordinance directly related to enforcing the
802	Florida Building Code as defined in this paragraph, may not be
803	financed with fees adopted under this subsection.
804	(b)  A local government shall use recognized management,
805	accounting, and oversight practices to ensure that fees, fines,
806	and investment earnings generated under this subsection are
807	maintained and allocated or used solely for the purposes
808	described in paragraph (a).
809	Section 8.  The Florida Building Commission shall expedite
810	the adoption and implementation of the State Existing Building
811	Code as part of the Florida Building Code pursuant only to the
812	provisions of chapter 120, Florida Statutes. The special update
813	and amendment requirements of s. 553.73, Florida Statutes, and
814	the administrative rule requiring additional delay time between
815	adoption and implementation of such code are waived.
816	Section 9.  Paragraph (c) is added to subsection (17) of
817	section 120.80, Florida Statutes, to read:
818	120.80  Exceptions and special requirements; agencies.--
819	(17)  FLORIDA BUILDING COMMISSION.--
820	(c)  Notwithstanding ss. 120.565, 120.569, and 120.57, the
821	Florida Building Commission and hearing officer panels appointed
822	by the commission in accordance with s. 553.775(3)(c)1. may
823	conduct proceedings to review decisions of local building code
824	officials in accordance with s. 553.775(3)(c).
825	Section 10.  Section 553.841, Florida Statutes, is amended
826	to read:
827	553.841  Building code training program; participant
828	competency requirements.--
829	(1)  The Legislature finds that the effectiveness of the
830	building codes of this state depends on the performance of all
831	participants, as demonstrated through knowledge of the codes and
832	commitment to compliance with code directives and that to
833	strengthen compliance by industry and enforcement by government,
834	a Building Code Training Program is needed.
835	(1)(2)  The commission shall establish by rule the Building
836	Code Training Program to develop and provide a core curriculum
837	and offer voluntary accreditation of advance module courses
838	relating to the Florida Building Code and its enforcement a
839	system of administering and enforcing the Florida Building Code.
840	(3)  The program shall be developed, implemented, and
841	administered by the commission in consultation with the
842	Department of Education, the Department of Community Affairs,
843	the Department of Business and Professional Regulation, the
844	State Fire Marshal, the State University System, and the
845	Division of Community Colleges.
846	(4)  The commission may enter into contracts with the
847	Department of Education, the State University System, the
848	Division of Community Colleges, model code organizations,
849	professional organizations, vocational-technical schools, trade
850	organizations, and private industry to administer the program.
851	(2)(5)  The program shall be affordable, accessible,
852	meaningful, financially self-sufficient and shall make maximum
853	use of existing sources, systems, institutions, and programs
854	available through private sources.
855	(3)(6)  The commission, in coordination with the Department
856	of Community Affairs, the Department of Business and
857	Professional Regulation, the respective licensing boards, and
858	the State Fire Marshal shall develop or cause to be developed:
859	(a)  a core curriculum that which is prerequisite to
860	initial licensure for those licensees not subject to testing on
861	the Florida Building Code as a condition of licensure. These
862	entities shall also identify subject areas that are inadequately
863	addressed by specialized and advanced courses all specialized
864	and advanced module coursework.
865	(b)  A set of specialized and advanced modules specifically
866	designed for use by each profession.
867	(4)(7)  The core curriculum shall cover the information
868	required to have all categories of participants appropriately
869	informed as to their technical and administrative
870	responsibilities in the effective execution of the code process
871	by all individuals currently licensed under part XII of chapter
872	468, chapter 471, chapter 481, or chapter 489, except as
873	otherwise provided in s. 471.017.  The core curriculum shall be
874	prerequisite to the advanced module coursework for all licensees
875	and shall be completed by individuals licensed in all categories
876	under part XII of chapter 468, chapter 471, chapter 481, or
877	chapter 489 by the date of license renewal in 2004. within the
878	first 2-year period after establishment of the program. Core
879	course hours All approved courses taken by licensees pursuant to
880	this section to complete this requirement shall count toward
881	fulfillment of required continuing education units under part
882	XII of chapter 468, chapter 471, chapter 481, or chapter 489.
883	(8)  The commission, in consultation with the Department of
884	Business and Professional Regulation and the respective
885	licensing boards, shall develop or cause to be developed an
886	equivalency test for each category of licensee.  Such test may
887	be taken in lieu of the core curriculum. A passing score on the
888	test shall be equivalent to completion of the core curriculum
889	and shall be credited toward the required number of hours of
890	continuing education.
891	(5)(9)  The commission, in consultation with the Department
892	of Business and Professional Regulation, shall develop or cause
893	to be developed, or approve as a part of the program,
894	appropriate courses a core curriculum and specialized or
895	advanced module coursework for the construction workforce,
896	including, but not limited to, superintendents and journeymen.
897	(6)(10)  The respective state boards under part XII of
898	chapter 468, chapters 471, 481, and 489, and the State Fire
899	Marshal under chapter 633, shall require specialized or advanced
900	course modules as part of their regular continuing education
901	requirements.
902	(7)(11)  The Legislature hereby establishes the Office of
903	Building Code Training Program Administration within the
904	Institute of Applied Technology in Construction Excellence at
905	the Florida Community College at Jacksonville. The office is
906	charged with the following responsibilities as recommended by
907	the Florida Building Commission and as resources are provided by
908	the Legislature:
909	(a)  Provide research-to-practice capability for entry-
910	level construction training development, delivery and quality
911	assurance, as well as training and competency registry systems
912	and recruitment initiatives.
913	(b)  Coordinate with the Department of Community Affairs
914	and the Florida Building Commission to serve as school liaison
915	to disseminate construction awareness and promotion programs and
916	materials to schools.
917	(c)  Develop model programs and approaches to construction
918	career exploration to promote construction careers.
919	Section 11.  Subsection (3) of section 553.8412, Florida
920	Statutes, is amended to read:
921	553.8412  Legislative intent; delivery of training;
922	outsourcing.--
923	(3)  To the extent available, funding for outreach,
924	coordination of training, or training may come from existing
925	resources. If necessary, the Florida Building Commission or the
926	department may seek additional or supplemental funds pursuant to
927	s. 215.559(5). This section does not preclude the Florida
928	Building Commission from charging fees to fund the building code
929	training program in a self-sufficient manner as provided in s.
930	553.841(2)(5).
931	Section 12.  Paragraph (a) of subsection (9) of section
932	553.842, Florida Statutes, is amended to read:
933	553.842  Product evaluation and approval.--
934	(9)  The commission may adopt rules to approve the
935	following types of entities that produce information on which
936	product approvals are based. All of the following entities,
937	including engineers and architects, must comply with a
938	nationally recognized standard demonstrating independence or no
939	conflict of interest:
940	(a)  Evaluation entities that meet the criteria for
941	approval adopted by the commission by rule. The commission shall
942	specifically approve the National Evaluation Service, the
943	International Conference of Building Officials Evaluation
944	Services, the International Code Council Evaluation Services,
945	the Building Officials and Code Administrators International
946	Evaluation Services, the Southern Building Code Congress
947	International Evaluation Services, and the Miami-Dade County
948	Building Code Compliance Office Product Control. Architects and
949	engineers licensed in this state are also approved to conduct
950	product evaluations as provided in subsection (6).
951	Section 13.  This act shall take effect upon becoming a
952	law.

CODING: Words stricken are deletions; words underlined are additions.