Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1470
                        Barcode 451248
                            CHAMBER ACTION
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11  The Committee on Community Affairs (Pruitt) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (c) is added to subsection (17)
19  of section 120.80, Florida Statutes, to read:
20         120.80  Exceptions and special requirements;
21  agencies.--
22         (17)  FLORIDA BUILDING COMMISSION.--
23         (c)  Notwithstanding ss. 120.565, 120.569, and 120.57,
24  the Florida Building Commission and hearing officer panels
25  appointed by the commission in accordance with s.
26  553.775(3)(c)1. may conduct proceedings to review decisions of
27  local building code officials in accordance with s. 553.775.
28         Section 2.  Paragraph (i) of subsection (1) of section
29  468.621, Florida Statutes, is amended, and paragraph (j) is
30  added to that subsection, to read:
31         468.621  Disciplinary proceedings.--
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 (1) The following acts constitute grounds for which 2 the disciplinary actions in subsection (2) may be taken: 3 (i) Failing to lawfully execute the duties and 4 responsibilities specified in this part and ss. 553.73, 5 553.781, and 553.79, and 553.791. 6 (j) Imposing construction requirements that vary from 7 those established in the Florida Building Code, lawful 8 amendments to the Florida Building Code, or binding 9 interpretations of the Florida Building Code. 10 Section 3. Section 553.775, Florida Statutes, is 11 created to read: 12 553.775 Review of local interpretations of the code.-- 13 (1) It is the intent of the Legislature that the 14 Florida Building Code be interpreted by building officials, 15 local enforcement agencies, and the commission in a manner 16 that protects the public safety, health, and welfare at the 17 most reasonable cost to the consumer by ensuring uniform 18 interpretations throughout the state and by providing 19 processes for resolving disputes regarding interpretations of 20 the Florida Building Code which are just and expeditious. 21 (2) Local enforcement agencies, local building 22 officials, state agencies, and the commission shall interpret 23 provisions of the Florida Building Code in a manner that is 24 consistent with declaratory statements and interpretations 25 entered by the commission, except that conflicts between the 26 Florida Fire Prevention Code and the Florida Building Code 27 shall be resolved in accordance with s. 553.73(9)(c) and (d). 28 (3) The commission shall coordinate review of 29 decisions of local building officials and local enforcement 30 agencies regarding interpretations of the Florida Building 31 Code after the local board of appeals has considered the 2 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 decision, if such a board exists, and if the appeals process 2 is concluded within 10 business days as provided in this 3 subsection. 4 (a) The commission shall coordinate with the Building 5 Officials Association of Florida, Inc., to designate panels 6 composed of five members to hear requests to review decisions 7 of local building officials. The members must be licensed as 8 building code administrators under part XII of chapter 468 and 9 must have experience interpreting and enforcing provisions of 10 the Florida Building Code. 11 (b) Requests to review a decision of a local building 12 official interpreting provisions of the Florida Building Code 13 may be initiated by any substantially affected person, 14 including an owner or builder subject to a decision of a local 15 building official or an association of owners or builders 16 which has members who are subject to a decision of a local 17 building official. In order to initiate review, the 18 substantially affected person must file a petition with the 19 commission. The commission shall adopt a form for the 20 petition, which must be published on the Building Code 21 Information System. The form must, at a minimum, require the 22 following information: 23 1. The name and address of the county or municipality 24 in which provisions of the Florida Building Code are being 25 interpreted. 26 2. The name and address of the local building official 27 who has made the interpretation that is being appealed. 28 3. The name, address, and telephone number of the 29 petitioner; the name, address, and telephone number of the 30 petitioner's representative, if any; and an explanation of how 31 the petitioner's substantial interests are being affected by 3 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 the local interpretation of the Florida Building Code. 2 4. A statement of the provisions of the Florida 3 Building Code which are being interpreted by the local 4 building official. 5 5. A statement of the interpretation given to 6 provisions of the Florida Building Code by the local building 7 official and the manner in which the interpretation was 8 rendered. 9 6. A statement of the interpretation that the 10 petitioner contends should be given to the provisions of the 11 Florida Building Code and a statement supporting the 12 petitioner's interpretation. 13 7. Space for the local building official to respond in 14 writing. In this response, the local building official must, 15 at a minimum, provide a statement admitting or denying the 16 statements contained in the petition and a statement of the 17 interpretation of the provisions of the Florida Building Code 18 which the local jurisdiction or the local building official 19 contends is correct, including the basis for the 20 interpretation. 21 (c) The petitioner shall submit the petition to the 22 local building official, who shall place the date of receipt 23 on the petition. The local building official shall respond to 24 the petition in accordance with the form and shall return the 25 petition along with his or her response to the petitioner 26 within 5 days after receipt, exclusive of Saturdays, Sundays, 27 and legal holidays. The petitioner may file the petition with 28 the commission at any time after the local building official 29 provides a response. If the local building official does not 30 respond, the petitioner may file the petition with the 31 commission 10 days after submission of the petition to the 4 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 local building official and must note that the local building 2 official did not respond. 3 (d) Upon receipt of a petition that meets the 4 requirements of paragraph (b), the commission shall 5 immediately provide copies of the petition to a panel, and the 6 commission shall publish the petition, including any response 7 submitted by the local building official, on the Building Code 8 Information System in a manner that allows interested persons 9 to address the issues by posting comments. 10 (e) The panel shall conduct proceedings as necessary 11 to resolve the issues; shall give due regard to the petitions, 12 the response, and comments posed on the Building Code 13 Information System; and shall issue an interpretation 14 regarding the provisions of the Florida Building Code within 15 21 days after the filing of the petition. The panel shall 16 render a determination based upon the Florida Building Code 17 or, if the code is ambiguous, the intent of the code. The 18 panel's interpretation shall be provided to the commission, 19 which shall publish the interpretation on the Building Code 20 Information System and in the Florida Administrative Weekly. 21 The interpretation shall be considered an interpretation 22 entered by the commission and is binding upon the parties and 23 upon all jurisdictions subject to the Florida Building Code 24 unless it is superseded by a declaratory statement issued by 25 the Florida Building Commission or by a final order entered 26 after an appeal proceeding conducted in accordance with 27 paragraph (g). 28 (f) It is the intent of the Legislature that review 29 proceedings be completed within 21 days after the date that a 30 petition seeking review is filed with the commission, and the 31 time periods set forth in this paragraph may be waived only 5 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 upon consent of all parties. 2 (g) Any substantially affected person may appeal an 3 interpretation rendered by a hearing officer panel by filing a 4 petition with the commission. Such an appeal must be initiated 5 in accordance with chapter 120 and the uniform rules of 6 procedure and must be filed within 30 days after publication 7 of the interpretation on the Building Code Information System 8 or in the Florida Administrative Weekly. Hearings must be 9 conducted pursuant to chapter 120 and the uniform rules of 10 procedure. Decisions of the commission are subject to judicial 11 review pursuant to s. 120.68. The final order of the 12 commission is binding upon the parties and upon all 13 jurisdictions subject to the Florida Building Code. 14 (h) The burden of proof in any proceeding initiated in 15 accordance with paragraph (g) is on the party who initiated 16 the appeal. 17 (i) In any review proceeding initiated in accordance 18 with this subsection, including any proceeding initiated in 19 accordance with paragraph (g), the fact that an owner or 20 builder has proceeded with construction may not be grounds for 21 determining an issue to be moot if the issue is one that is 22 likely to arise in the future. 23 24 This subsection provides the exclusive remedy for addressing 25 requests to review local interpretations of the code and 26 appeals from review proceedings. 27 (4) Local decisions declaring structures to be unsafe 28 and subject to repair or demolition are not subject to review 29 under this section and may not be appealed to the commission 30 if the local governing body finds that there is an immediate 31 danger to the health and safety of the public. 6 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 (5) In order to administer this section, the 2 commission may adopt by rule and impose a fee to recoup the 3 cost of the proceedings. The amount of the fee may not exceed 4 $250 for each request for a review or interpretation. For 5 proceedings conducted by or in coordination with a third 6 party, the rule may provide that payment be made directly to 7 the third party, who shall remit to the department that 8 portion of the fee necessary to cover the department's costs. 9 Section 4. Paragraph (f) of subsection (1), 10 subsections (2) and (4), paragraph (a) of subsection (6), and 11 subsections (7), (9), (11), (12), (14), (15), and (17) of 12 section 553.791, Florida Statutes, are amended to read: 13 553.791 Alternative plans review and inspection.-- 14 (1) As used in this section, the term: 15 (f) "Permit application" means a properly completed 16 and submitted application for: 17 1. the requested building or construction permit, 18 including:. 19 1.2. The plans reviewed by the private provider. 20 2.3. The affidavit from the private provider required 21 pursuant to subsection (5). 22 3.4. Any applicable fees. 23 4.5. Any documents required by the local building 24 official to determine that the fee owner has secured all other 25 government approvals required by law. 26 (2) Notwithstanding any other provision of law or 27 local government ordinance or local policy, the fee owner of a 28 building or structure, or the fee owner's contractor upon 29 written authorization from the fee owner, may choose to use a 30 private provider to provide building code inspection services 31 with regard to such building or structure and may make payment 7 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 directly to the private provider for the provision of such 2 services. All such services shall be the subject of a written 3 contract between the private provider, or the private 4 provider's firm, and the fee owner. The fee owner may elect to 5 use a private provider to provide either plans review or 6 required building inspections, or both. The local building 7 official, in his or her discretion and pursuant to duly 8 adopted policies of the local enforcement agency, may require 9 the fee owner who desires to use a private provider to use the 10 private provider to provide both plans review and required 11 building inspection services. 12 (4) A fee owner or the fee owner's contractor using a 13 private provider to provide building code inspection services 14 shall notify the local building official at the time of permit 15 application, or no less than 7 business days before the first 16 scheduled inspection by the local building official or 17 building code enforcement agency for a private provider 18 performing required inspections of construction under this 19 section, on a form to be adopted by the commission. This 20 notice shall include the following information: 21 (a) The services to be performed by the private 22 provider. 23 (b) The name, firm, address, telephone number, and 24 facsimile number of each private provider who is performing or 25 will perform such services, his or her professional license or 26 certification number, qualification statements or resumes, 27 and, if required by the local building official, a certificate 28 of insurance demonstrating that professional liability 29 insurance coverage is in place for the private provider's 30 firm, the private provider, and any duly authorized 31 representative in the amounts required by this section. 8 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 (c) An acknowledgment from the fee owner in 2 substantially the following form: 3 4 I have elected to use one or more private 5 providers to provide building code plans review 6 and/or inspection services on the building or 7 structure that is the subject of the enclosed 8 permit application, as authorized by s. 9 553.791, Florida Statutes. I understand that 10 the local building official may not review the 11 plans submitted or perform the required 12 building inspections to determine compliance 13 with the applicable codes, except to the extent 14 specified in said law. Instead, plans review 15 and/or required building inspections will be 16 performed by licensed or certified personnel 17 identified in the application. The law requires 18 minimum insurance requirements for such 19 personnel, but I understand that I may require 20 more insurance to protect my interests. By 21 executing this form, I acknowledge that I have 22 made inquiry regarding the competence of the 23 licensed or certified personnel and the level 24 of their insurance and am satisfied that my 25 interests are adequately protected. I agree to 26 indemnify, defend, and hold harmless the local 27 government, the local building official, and 28 their building code enforcement personnel from 29 any and all claims arising from my use of these 30 licensed or certified personnel to perform 31 building code inspection services with respect 9 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 to the building or structure that is the 2 subject of the enclosed permit application. 3 4 If the fee owner or the fee owner's contractor makes any 5 changes to the listed private providers or the services to be 6 provided by those private providers, the fee owner or the fee 7 owner's contractor shall, within 1 business day after any 8 change, update the notice to reflect such changes. In 9 addition, the fee owner or the fee owner's contractor shall 10 post at the project site, before the commencement of 11 construction and updated within 1 business day after any 12 change, on a form to be adopted by the commission, the name, 13 firm, address, telephone number, and facsimile number of each 14 private provider who is performing or will perform building 15 code inspection services, the type of service being performed, 16 and similar information for the primary contact of the private 17 provider on the project. 18 (6)(a) No more than Within 30 business days after 19 receipt of a permit application and the affidavit from the 20 private provider which is required under subsection (5), the 21 local building official shall issue the requested permit or 22 provide a written notice to the permit applicant identifying 23 the specific plan features that do not comply with the 24 applicable codes, as well as the specific code chapters and 25 sections. If the local building official does not provide a 26 written notice of the plan deficiencies within the prescribed 27 30-day period, the permit application shall be deemed approved 28 as a matter of law, and the permit shall be issued by the 29 local building official on the next business day. 30 (7) A private provider performing required inspections 31 under this section shall inspect each phase of construction as 10 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 required by the applicable codes. The private provider shall 2 be permitted to send a duly authorized representative to the 3 building site to perform the required inspections, provided 4 all required reports and certifications are prepared by and 5 bear the signature of the private provider. The duly 6 authorized representative must be an employee of the private 7 provider entitled to receive unemployment compensation 8 benefits under chapter 443. The contractor's contractual or 9 legal obligations are not relieved by any action of the 10 private provider. 11 (9) Upon completing the required inspections at each 12 applicable phase of construction, the private provider shall 13 record such inspections on a form acceptable to the local 14 building official. These inspection records shall reflect 15 those inspections required by the applicable codes of each 16 phase of construction for which permitting by a local 17 enforcement agency is required. The private provider, before 18 leaving the project site, shall post each completed inspection 19 record, indicating pass or fail, at the site and provide the 20 record to the local building official within 2 business days. 21 The local building official may waive the requirement to 22 provide a record of each inspection within 2 business days if 23 the record is posted at the project site and all such 24 inspection records are submitted with the certificate of 25 compliance. Records of all required and completed inspections 26 shall be maintained at the building site at all times and made 27 available for review by the local building official. The 28 private provider shall report to the local enforcement agency 29 any condition that poses an immediate threat to public safety 30 and welfare. 31 (11) No more than Within 2 business days after receipt 11 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 of a request for a certificate of occupancy or certificate of 2 completion and the applicant's presentation of a certificate 3 of compliance and approval of all other government approvals 4 required by law, the local building official shall issue the 5 certificate of occupancy or certificate of completion or 6 provide a notice to the applicant identifying the specific 7 deficiencies, as well as the specific code chapters and 8 sections. If the local building official does not provide 9 notice of the deficiencies within the prescribed 2-day period, 10 the request for a certificate of occupancy or certificate of 11 completion shall be deemed granted and the certificate of 12 occupancy or certificate of completion shall be issued by the 13 local building official on the next business day. To resolve 14 any identified deficiencies, the applicant may elect to 15 dispute the deficiencies pursuant to subsection (12) or to 16 submit a corrected request for a certificate of occupancy or 17 certificate of completion. 18 (12) If the local building official determines that 19 the building construction or plans do not comply with the 20 applicable codes, the official may deny the permit or request 21 for a certificate of occupancy or certificate of completion, 22 as appropriate, or may issue a stop-work order for the project 23 or any portion thereof as provided by law, if the official 24 determines that such noncompliance poses a threat to public 25 safety and welfare, subject to the following: 26 (a) The local building official shall be available to 27 meet with the private provider within 2 business days to 28 resolve any dispute after issuing a stop-work order or 29 providing notice to the applicant denying a permit or request 30 for a certificate of occupancy or certificate of completion. 31 (b) If the local building official and private 12 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 provider are unable to resolve the dispute, the matter shall 2 be referred to the local enforcement agency's board of 3 appeals, if one exists, which shall consider the matter at its 4 next scheduled meeting or sooner. Any decisions by the local 5 enforcement agency's board of appeals, or local building 6 official if there is no board of appeals, may be appealed to 7 the commission as provided by this chapter pursuant to s. 8 553.77(1)(h). 9 (c) Notwithstanding any provision of this section, any 10 decisions regarding the issuance of a building permit, 11 certificate of occupancy, or certificate of completion may be 12 reviewed by the local enforcement agency's board of appeals, 13 if one exists. Any decision by the local enforcement agency's 14 board of appeals, or local building official if there is no 15 board of appeals, may be appealed to the commission as 16 provided by this chapter pursuant to s. 553.77(1)(h), which 17 shall consider the matter at the commission's next scheduled 18 meeting. 19 (14)(a) No local enforcement agency, local building 20 official, or local government may adopt or enforce any laws, 21 rules, procedures, or standards more stringent than those 22 prescribed by this section. 23 (b) A local enforcement agency, local building 24 official, or local government may establish, for private 25 providers and duly authorized representatives working within 26 that jurisdiction, a system of registration to verify 27 compliance with the licensure requirements of paragraph (1)(g) 28 and the insurance requirements of subsection (15). 29 (c) This section does not limit the authority of the 30 local building official to issue a stop-work order for a 31 building project or any portion of such an order, as provided 13 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 by law, if the official determines that a condition on the 2 building site constitutes an immediate threat to public safety 3 and welfare. 4 (15) A private provider may perform building code 5 inspection services on a building project under this section 6 only if the private provider maintains insurance for 7 professional and comprehensive general liability covering with 8 minimum policy limits of $1 million per occurrence relating to 9 all services performed as a private provider. Such insurance 10 must have minimum policy limits of $1 million per occurrence 11 and $2 million in the aggregate for any project having a 12 construction cost of $5 million or less, $2 million per 13 occurrence and $4 million in the aggregate for any project 14 having a construction cost of over $5 million but less than 15 $50 million, and $5 million per occurrence and $5 million in 16 the aggregate for any project having a construction cost of 17 $50 million or more. For these purposes, the term 18 "construction cost" means the total cost of building 19 construction as stated in the building permit application. If 20 the private provider chooses to secure claims-made coverage to 21 fulfill this requirement, the private provider must also 22 maintain, including tail coverage for a minimum of 5 years 23 subsequent to the performance of building code inspection 24 services. The insurance required under this subsection may be 25 written only by insurers authorized to do business in this 26 state and having a minimum A. M. Best's rating of "A." Before 27 providing building code inspection services within a local 28 building official's jurisdiction, a private provider must 29 provide to the local building official a certificate of 30 insurance evidencing that the coverages required under this 31 subsection are in force. 14 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 (17) Each local building code enforcement agency may 2 shall develop and maintain a process to audit the performance 3 of building code inspection services by private providers 4 operating within the local jurisdiction. Work on a building or 5 structure may proceed after inspection and approval by a 6 private provider if the provider has given notice of the 7 inspection pursuant to subsection (8), and, subsequent to such 8 inspection and approval, the work may not be delayed for 9 completion of an inspection audit by the local building code 10 enforcement agency. 11 Section 5. Subsection (1) of section 627.0629, Florida 12 Statutes, is amended to read: 13 627.0629 Residential property insurance; rate 14 filings.-- 15 (1) Effective June 1, 2005 2002, a rate filing for 16 residential property insurance must include actuarially 17 reasonable discounts, credits, or other rate differentials, or 18 appropriate reductions in deductibles, for properties with 19 superior structural framing systems installed which will 20 prevent roof uplift damages from hurricane force, 21 prefabricated steel shear panels, or steel moment frames on 22 which fixtures or construction techniques demonstrated to 23 reduce the amount of loss in a windstorm have been installed 24 or implemented. A superior structural framing system is one 25 that is proactive, where forces to counter wind uplift are 26 introduced to the structure during construction as 27 precompressing, rather than reactive, where all resisting 28 elements of the framing system must be pulled straight and 29 tight before installation to resist wind uplift forces, 30 resulting in near-zero uplift movement at design load. 31 Prefabricated all-steel shear panels or steel moment frames 15 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 resist shear and overturning forces and limit deflection in 2 areas where walls do not meet height-to-width ratios as 3 outlined in the Florida Building Code. The fixtures or 4 construction techniques shall also include, but need not be 5 limited to, fixtures or construction techniques which enhance 6 roof strength, roof covering performance, roof-to-wall 7 strength, wall-to-floor-to-foundation strength, opening 8 protection, and window, door, and skylight strength. Credits, 9 discounts, or other rate differentials for fixtures and 10 construction techniques which meet the minimum requirements of 11 the Florida Building Code must be included in the rate filing. 12 All insurance companies must make a rate filing which includes 13 the credits, discounts, or other rate differentials by 14 February 28, 2006 2003. 15 Section 6. Section 627.0631, Florida Statutes, is 16 created to read: 17 627.0631 Commercial property insurance; rate 18 filings.--Effective June 1, 2005, a rate filing for commercial 19 property insurance must include actuarially reasonable 20 discounts, credits, or other rate differentials, or 21 appropriate reductions in deductibles, for properties with 22 superior structural framing systems installed which will 23 prevent roof uplift damage from hurricane force winds, 24 prefabricated steel shear panels, or steel moment frames. A 25 superior structural framing system is one that is proactive, 26 where forces to counter wind uplift are introduced to the 27 structure during construction as precompressing, rather than 28 reactive, where all resisting elements of the framing system 29 must be pulled straight and tight before installation to 30 resist wind uplift forces, resulting in near-zero uplift 31 movement at design load. Prefabricated all-steel shear panels 16 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 or steel moment frames resist shear and overturning forces and 2 limits deflection in areas where walls do not meet 3 height-to-width ratios as outlined in the Florida Building 4 Code. The fixtures or construction techniques must also 5 include, but not be limited to, fixtures or construction 6 techniques that reduce deflection or enhance roof strength, 7 roof covering performance, roof-to-wall strength, 8 wall-to-floor-to-foundation strength, opening protection, and 9 window, door, and skylight strength. Credits, discounts, or 10 other rate differentials for fixtures and construction 11 techniques that meet the minimum requirements of the Florida 12 Building Code must be included in the rate filing. Each 13 insurance company must make a rate filing that includes the 14 credits, discounts, or other rate differentials by February 15 28, 2006. 16 Section 7. The Florida Building Commission shall 17 consider how to address the issue of water intrusion 18 experienced in the recent hurricanes. Notwithstanding section 19 553.73, Florida Statutes, the commission may adopt amendments 20 to the Florida Building Code, 2004 edition, to incorporate 21 consensus-based provisions addressing water intrusion, subject 22 only to the rule-adoption procedures contained in chapter 120, 23 Florida Statutes. 24 Section 8. Notwithstanding section 109 of chapter 25 2000-141, Laws of Florida, upon adoption of an update to 26 American Society of Civil Engineers Standard 7 by the 27 organization maintaining the model code upon which the Florida 28 Building Code is based, the Florida Building Commission may 29 update, modify, or both update and modify the wind design 30 standard applicable to construction in the State of Florida as 31 adopted within the Florida Building Code in accordance with 17 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 the requirements of section 553.73, Florida Statutes. Only the 2 first sentence of subsection (3) of section 109 of chapter 3 2000-141, Laws of Florida, is expressly superseded by this 4 section. 5 Section 9. This act shall take effect October 1, 2005. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 Delete everything before the enacting clause 11 12 and insert: 13 A bill to be entitled 14 An act relating to the Florida Building Code 15 and enforcement thereof; amending s. 120.80, 16 F.S.; authorizing the Florida Building 17 Commission and its appointed hearing officer 18 panels to review decisions of local building 19 code officials; amending s. 468.621, F.S.; 20 revising a ground for taking certain 21 disciplinary actions and providing an 22 additional ground; creating s. 553.775, F.S.; 23 providing procedures for reviewing local 24 interpretations of the code; providing 25 legislative intent; providing criteria for 26 interpretations of the code and for resolution 27 of conflicts with the Florida Fire Prevention 28 Code; providing for appointing hearing panels; 29 providing for a petition form to be adopted and 30 published on the Building Code Information 31 System; requiring that the form have specified 18 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 contents; providing procedures and deadlines; 2 providing for the exclusivity of the remedy; 3 providing an exception to matters subject to 4 review; providing for rulemaking; providing for 5 a fee; amending s. 553.791, F.S.; clarifying a 6 definition; expanding authorization to use 7 private providers to provide building code 8 inspection services; including fee owner 9 contractors within such authorization; deleting 10 a provision authorizing a local building 11 official to require a fee owner to use a 12 private provider for certain purposes under 13 certain circumstances; revising notice 14 requirements for using private providers; 15 revising procedures for issuing permits; 16 providing requirements for representatives of 17 private providers; providing for waiver of 18 certain inspection records requirements under 19 certain circumstances; requiring the issuance 20 of stop-work orders to be pursuant to law; 21 providing for the establishment of a 22 registration system for private providers and 23 authorized representatives of private providers 24 for licensure compliance purposes; preserving 25 authority to issue emergency stop-work orders; 26 revising insurance requirements for private 27 providers; providing a definition; authorizing 28 performance audits of private providers by 29 local building code enforcement agencies; 30 specifying conditions for proceeding with 31 building work; amending s. 627.0629, F.S.; 19 5:55 PM 03/30/05 s1470d-ca28-e0b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 451248 1 providing for a residential insurance rate 2 discount for structural framing systems; 3 creating s. 627.0631, F.S.; providing for a 4 commercial insurance rate discount for 5 structural framing systems and other design and 6 construction features that decrease the risk of 7 loss in the event of a hurricane; requiring 8 rate filings demonstrating the required 9 discounts; requiring the Florida Building 10 Commission to integrate code provisions 11 responsive to water intrusion experienced 12 during the 2004 hurricanes; authorizing the 13 Florida Building Commission to update the 14 design standard for wind-resistance; providing 15 an effective date. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 20 5:55 PM 03/30/05 s1470d-ca28-e0b