Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Community Affairs (Bennett) 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. Subsections (3) and (4) of section 215.559,
19 Florida Statutes, are amended, present subsections (5), (6),
20 and (7) of that section are redesignated as subsections (6),
21 (7), and (8), respectively, and a new subsection (5) is added
22 to that section, to read:
23 215.559 Hurricane Loss Mitigation Program.--
24 (3) Forty percent of the total appropriation in
25 paragraph (2)(a) shall be used to inspect and improve
26 tie-downs for mobile homes. Within 30 days after the effective
27 date of that appropriation, the department shall contract with
28 a public higher educational institution in this state which
29 has previous experience in administering the programs set
30 forth in this subsection to serve as the administrative entity
31 and fiscal agent pursuant to s. 216.346 for the purpose of
1
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 administering the programs set forth in this subsection in
2 accordance with established policy and procedures. The
3 administrative entity working with the advisory council set up
4 under subsection (6) (5) shall develop a list of mobile home
5 parks and counties that may be eligible to participate in the
6 tie-down program.
7 (4) Of moneys provided to the Department of Community
8 Affairs in paragraph (2)(a), 10 percent shall be allocated to
9 a Type I Center within the State University System dedicated
10 to hurricane research. The Type I Center shall develop a
11 preliminary work plan approved by the advisory council set
12 forth in subsection (6) (5) to eliminate the state and local
13 barriers to upgrading existing mobile homes and communities,
14 research and develop a program for the recycling of existing
15 older mobile homes, and support programs of research and
16 development relating to hurricane loss reduction devices and
17 techniques for site-built residences. The State University
18 System also shall consult with the Department of Community
19 Affairs and assist the department with the report required
20 under subsection (8) (7).
21 (5) Fifteen percent of the total appropriation in
22 paragraph (2)(a) shall be used for education awareness
23 concerning the Florida Building Code and the operation of the
24 disaster contractors network. Not more than 30 days after the
25 effective date of each subsequent appropriation, the
26 Department of Community Affairs shall contract with a
27 nonprofit tax-exempt entity having prior contracting
28 experience with building code training, development, and
29 coordination and whose membership is representative of all of
30 the statewide construction and design licensee associations.
31 The entity shall allocate 20 percent of these resources to the
2
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 disaster contractors network for the education of the
2 construction industry and hurricane response if needed to
3 coordinate the industry in the event of a natural disaster.
4 The entity shall allocate 20 percent of these resources to the
5 largest residential construction trade show in the state for
6 the education of the residential construction industry on
7 building code and mitigation issues. The remaining resources
8 shall be used by the entity for outreach building code
9 activities after consultation with the building code program
10 under the Florida Building Commission as provided for in s.
11 553.841.
12 Section 2. Paragraph (a) of subsection (3) of section
13 489.537, Florida Statutes, is amended to read:
14 489.537 Application of this part.--
15 (3) Nothing in this act limits the power of a
16 municipality or county:
17 (a) To regulate the quality and character of work
18 performed by contractors through a system of permits, fees,
19 and inspections which is designed to secure compliance with,
20 and aid in the implementation of, state and local building
21 laws or to enforce other local laws for the protection of the
22 public health and safety. However, a certified alarm system
23 contractor or certified electrical contractor is not subject
24 to any additional certification or licensure requirements that
25 are not required by this part.
26 Section 3. Subsection (3) of section 553.37, Florida
27 Statutes, is amended to read:
28 553.37 Rules; inspections; and insignia.--
29 (3) All manufactured buildings issued and bearing
30 insignia of approval pursuant to subsection (2) shall be
31 deemed to comply with the Florida Building Code and are exempt
3
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 from local amendments enacted by any local government. Lawn
2 storage buildings and storage sheds bearing the insignia of
3 approval of the department may be delivered and installed
4 without need of a contractor's license or specialty license.
5 Section 4. Subsection (2), paragraph (c) of subsection
6 (4), subsection (6), and paragraphs (a) and (c) of subsection
7 (7) of section 553.73, Florida Statutes, are amended, and
8 subsection (12) is added to that section, to read:
9 553.73 Florida Building Code.--
10 (2) The Florida Building Code shall contain provisions
11 or requirements for public and private buildings, structures,
12 and facilities relative to structural, mechanical, electrical,
13 plumbing, energy, and gas systems, existing buildings,
14 historical buildings, manufactured buildings, elevators,
15 coastal construction, lodging facilities, food sales and food
16 service facilities, health care facilities, including assisted
17 living facilities, adult day care facilities, and facilities
18 for the control of radiation hazards, public or private
19 educational facilities, swimming pools, and correctional
20 facilities and enforcement of and compliance with such
21 provisions or requirements. Further, the Florida Building Code
22 must provide for uniform implementation of ss. 515.25, 515.27,
23 and 515.29 by including standards and criteria for residential
24 swimming pool barriers, pool covers, latching devices, door
25 and window exit alarms, and other equipment required therein,
26 which are consistent with the intent of s. 515.23. With
27 respect to the exit alarm provision from all doors and windows
28 providing direct access from the home to the pool, as
29 specified in ss. 515.25(4) and 515.27(1), such alarm must be
30 of the battery-powered, hard-wired, or plug-in type. Technical
31 provisions to be contained within the Florida Building Code
4
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 are restricted to requirements related to the types of
2 materials used and construction methods and standards employed
3 in order to meet criteria specified in the Florida Building
4 Code. Provisions relating to the personnel, supervision or
5 training of personnel, or any other professional qualification
6 requirements relating to contractors or their workforce may
7 not be included within the Florida Building Code, and
8 subsections (4), (5), (6), and (7) are not to be construed to
9 allow the inclusion of such provisions within the Florida
10 Building Code by amendment. This restriction applies to both
11 initial development and amendment of the Florida Building
12 Code.
13 (4)
14 (c) Any amendment adopted by a local enforcing agency
15 pursuant to this subsection shall not apply to state or school
16 district owned buildings, manufactured buildings or
17 factory-built school buildings approved by the commission, or
18 prototype buildings approved pursuant to s. 553.77(3)(5). The
19 respective responsible entities shall consider the physical
20 performance parameters substantiating such amendments when
21 designing, specifying, and constructing such exempt buildings.
22 (6)(a) The commission, by rule adopted pursuant to ss.
23 120.536(1) and 120.54, shall update the Florida Building Code
24 every 3 years. When updating the Florida Building Code, the
25 commission shall select the most current version of the
26 International Building Code, the International Fuel Gas Code,
27 the International Mechanical Code, the International Plumbing
28 Code, the International Residential Code, the International
29 Code Council Electrical Code, and the federal code regarding
30 noise contour lines, all of which are adopted by the
31 International Code Council, to form the foundation codes of
5
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 the updated Florida Building Code, if the version has been
2 adopted by the International Code Council and made available
3 to the public at least 6 months prior to its selection by the
4 commission.
5 (b) The commission may modify any portion of the
6 foundation codes only as needed to accommodate the specific
7 needs of this state. Standards or criteria referenced by such
8 codes shall be incorporated by reference. If a referenced
9 standard or criterion requires amplification or modification
10 to be appropriate for use in this state, only the
11 amplification or modification shall be set forth in the
12 Florida Building Code. The commission may approve technical
13 amendments to the updated Florida Building Code after the
14 amendments have been subject to the conditions set forth in
15 paragraphs (3)(a)-(d). Amendments to the foundation codes
16 which are adopted in accordance with this subsection shall be
17 clearly marked in printed versions of the Florida Building
18 Code so that the fact that the provisions are Florida-specific
19 amendments to the foundation codes is readily apparent.
20 consider changes made by the adopting entity of any selected
21 model code for any model code incorporated into the Florida
22 Building Code, and may subsequently adopt the new edition or
23 successor of the model code or any part of such code, no
24 sooner than 6 months after such model code has been adopted by
25 the adopting organization, which may then be modified for this
26 state as provided in this section, and
27 (c) The commission shall further consider the
28 commission's own interpretations, declaratory statements,
29 appellate decisions, and approved statewide and local
30 technical amendments and shall incorporate such
31 interpretations, statements, decisions, and amendments into
6
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 the updated Florida Building Code only to the extent that they
2 are needed to modify the foundation codes to accommodate the
3 specific needs of the state. A change made by an institute or
4 standards organization to any standard or criterion that is
5 adopted by reference in the Florida Building Code does not
6 become effective statewide until it has been adopted by the
7 commission. Furthermore, the edition of the Florida Building
8 Code which is in effect on the date of application for any
9 permit authorized by the code governs the permitted work for
10 the life of the permit and any extension granted to the
11 permit.
12 (d) A rule updating the Florida Building Code in
13 accordance with this subsection shall take effect no sooner
14 than 6 months after publication of the updated code. Any
15 amendment to the Florida Building Code which is adopted upon a
16 finding by the commission that the amendment is necessary to
17 protect the public from immediate threat of harm takes effect
18 immediately.
19 (7)(a) The commission may approve technical amendments
20 to the Florida Building Code once each year for statewide or
21 regional application upon a finding that the amendment:
22 1. Is needed in order to accommodate the specific
23 needs of this state.
24 2.1. Has a reasonable and substantial connection with
25 the health, safety, and welfare of the general public.
26 3.2. Strengthens or improves the Florida Building
27 Code, or in the case of innovation or new technology, will
28 provide equivalent or better products or methods or systems of
29 construction.
30 4.3. Does not discriminate against materials,
31 products, methods, or systems of construction of demonstrated
7
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 capabilities.
2 5.4. Does not degrade the effectiveness of the Florida
3 Building Code.
4
5 Furthermore, the Florida Building Commission may approve
6 technical amendments to the code once each year to incorporate
7 into the Florida Building Code its own interpretations of the
8 code which are embodied in its opinions, final orders, and
9 declaratory statements, and interpretations of hearing officer
10 panels under s. 553.775(3)(c), but shall do so only to the
11 extent that incorporation of interpretations is needed to
12 modify the foundation codes to accommodate the specific needs
13 of this state. Amendments approved under this paragraph shall
14 be adopted by rule pursuant to ss. 120.536(1) and 120.54,
15 after the amendments have been subjected to the provisions of
16 subsection (3).
17 (c) The commission may not approve any proposed
18 amendment that does not accurately and completely address all
19 requirements for amendment which are set forth in this
20 section. The commission shall require all proposed amendments
21 and information submitted with proposed amendments to be
22 reviewed by commission staff prior to consideration by any
23 technical advisory committee. These reviews shall be for
24 sufficiency only and are not intended to be qualitative in
25 nature. Staff members shall reject any proposed amendment that
26 fails to include a fiscal impact statement providing
27 information responsive to all criteria identified. Proposed
28 amendments rejected by members of the staff may not be
29 considered by the commission or any technical advisory
30 committee. Notwithstanding the provisions of this paragraph,
31 within 60 days after the adoption by the International Code
8
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 Council of permitted standards and conditions for unvented
2 conditioned attic assemblies in the International Residential
3 Code, the commission shall initiate rulemaking to incorporate
4 such permitted standards and conditions in the Florida
5 Building Code.
6 (12) Notwithstanding any other provision of this
7 section, the permitted standards and conditions for unvented
8 conditioned attic assemblies in the International Residential
9 Code are incorporated by reference as an authorized
10 alternative in the Florida Building Code. The commission shall
11 incorporate such permitted standards and conditions in the
12 Florida Building Code by rule as provided in this section.
13 However, the effectiveness of such permitted standards and
14 conditions shall not be delayed in adopting pending rules.
15 This subsection is repealed upon the adoption of such
16 permitted standards and conditions by rule as an authorized
17 alternative in the Florida Building Code.
18 (13) For type "S" buildings, as defined in the Florida
19 Building Code, all space under mezzanines, both enclosed and
20 not enclosed, shall be included in the determination of the
21 size of the room or space in which the mezzanine is located. A
22 mezzanine may not exceed one-third of the room or space in
23 which it is located. The fee owner or the fee owner's
24 architect may elect, but may not be required by rule or
25 action, to have mezzanines that are less than one-third of the
26 room or space in which they are located. The requirements of
27 this subsection apply retroactively to January 1, 2001.
28 (14) Travel distance from all floor areas, including
29 the most remote point of the mezzanine shall comply with Table
30 1004 of the Florida Building Code, chapter 10, s. 1005, Table
31 1004. A single unenclosed stair is permitted for mezzanines if
9
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 the criteria of the Florida Building Code, chapter 10, s.
2 1005.7.1 and Table 1005.7 travel distance is not exceed from
3 the most remote point of the mezzanine to a point where there
4 is a choice of more than one means of egress and the limits of
5 Table 1004 are met. The requirements of this subsection shall
6 take effect upon this act becoming law.
7 Section 5. Subsection (1) of section 553.74, Florida
8 Statutes, is amended to read:
9 553.74 Florida Building Commission.--
10 (1) The Florida Building Commission is created and
11 shall be located within the Department of Community Affairs
12 for administrative purposes. Members shall be appointed by the
13 Governor subject to confirmation by the Senate. The Governor
14 shall appoint commission members from lists of candidates
15 submitted by the respective professional organizations or may
16 appoint any other person otherwise qualified according to this
17 section. The commission shall be composed of 23 members,
18 consisting of the following:
19 (a) One architect registered to practice in this state
20 and actively engaged in the profession from a list of three
21 candidates provided by the American Institute of Architecture,
22 Florida Section.
23 (b) One structural engineer registered to practice in
24 this state and actively engaged in the profession from a list
25 of three candidates provided by the Florida Engineering
26 Society.
27 (c) One air-conditioning or mechanical contractor
28 certified to do business in this state and actively engaged in
29 the profession from a list of three candidates provided by the
30 Florida Air Conditioning Contractors Association, the Florida
31 Refrigeration and Air Conditioning Contractors Association,
10
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 and the Mechanical Contractors Association of Florida.
2 (d) One electrical contractor certified to do business
3 in this state and actively engaged in the profession from a
4 list of two candidates, one provided by the Florida
5 Association of Electrical Contractors and one provided by the
6 National Electrical Contractors Association, Florida Chapter.
7 (e) One member from fire protection engineering or
8 technology who is actively engaged in the profession from a
9 list of three candidates provided by the Florida Fire
10 Protection Engineers Society, the Florida Fire Marshals and
11 Inspectors Association, and the Florida Fire Chiefs
12 Association.
13 (f) One general contractor certified to do business in
14 this state and actively engaged in the profession from a list
15 of three candidates provided by the Associated Builders and
16 Contractors of Florida, the Florida Associated General
17 Contractors Council and the Union Contractors Association.
18 (g) One plumbing contractor licensed to do business in
19 this state and actively engaged in the profession from a list
20 of three candidates provided by the Florida Association of
21 Plumbing, Heating, and Cooling Contractors.
22 (h) One roofing or sheet metal contractor certified to
23 do business in this state and actively engaged in the
24 profession from a list of three candidates provided by the
25 Florida Roofing, Sheet Metal, and Air Conditioning Contractors
26 Association and the Sheet Metal and Air Conditioning
27 Contractors National Association.
28 (i) One residential contractor licensed to do business
29 in this state and actively engaged in the profession from a
30 list of three candidates provided by the Florida Home Builders
31 Association.
11
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 (j) Three members who are municipal or district codes
2 enforcement officials, two of whom shall be from a list of
3 four candidates provided by the Building Officials Association
4 of Florida and one of whom is also a fire official from a list
5 of three candidates provided by the Florida Fire Marshals and
6 Inspectors Association.
7 (k) One member who represents the Department of
8 Financial Services.
9 (l) One member who is a county codes enforcement
10 official from a list of three candidates provided by the
11 Building Officials Association of Florida.
12 (m) One member of a Florida-based organization of
13 persons with disabilities or a nationally chartered
14 organization of persons with disabilities with chapters in
15 this state.
16 (n) One member of the manufactured buildings industry
17 who is licensed to do business in this state and is actively
18 engaged in the industry from a list of three candidates
19 provided by the Florida Manufactured Housing Association.
20 (o) One mechanical or electrical engineer registered
21 to practice in this state and actively engaged in the
22 profession from a list of three candidates provided by the
23 Florida Engineering Society.
24 (p) One member who is a representative of a
25 municipality or a charter county from a list of three
26 candidates provided by the Florida League of Cities and the
27 Florida Association of Counties.
28 (q) One member of the building products manufacturing
29 industry who is authorized to do business in this state and is
30 actively engaged in the industry from a list of three
31 candidates provided by the Florida Building Materials
12
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 Association, the Florida Concrete and Products Association,
2 and the Fenestration Manufacturers Association.
3 (r) One member who is a representative of the building
4 owners and managers industry who is actively engaged in
5 commercial building ownership or management from a list of
6 three candidates provided by the Building Owners and Managers
7 Association.
8 (s) One member who is a representative of the
9 insurance industry from a list of three candidates provided by
10 the Florida Insurance Council.
11 (t) One member who is a representative of K-12 public
12 education who is actively involved as an administrator in the
13 construction of school facilities.
14 (u) One member who shall be the chair.
15
16 Any person serving on the commission under paragraph (c) or
17 paragraph (h) on October 1, 2003, and who has served less than
18 two full terms is eligible for reappointment to the commission
19 regardless of whether he or she meets the new qualification.
20 Section 6. Section 553.77, Florida Statutes, is
21 amended to read:
22 553.77 Specific powers of the commission.--
23 (1) The commission shall:
24 (a) Adopt and update the Florida Building Code or
25 amendments thereto, pursuant to ss. 120.536(1) and 120.54.
26 (b) Make a continual study of the operation of the
27 Florida Building Code and other laws relating to the design,
28 construction, erection, alteration, modification, repair, or
29 demolition of public or private buildings, structures, and
30 facilities, including manufactured buildings, and code
31 enforcement, to ascertain their effect upon the cost of
13
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 building construction and determine the effectiveness of their
2 provisions. Upon updating the Florida Building Code every 3
3 years, the commission shall review existing provisions of law
4 and make recommendations to the Legislature for the next
5 regular session of the Legislature regarding provisions of law
6 that should be revised or repealed to ensure consistency with
7 the Florida Building Code at the point the update goes into
8 effect. State agencies and local jurisdictions shall provide
9 such information as requested by the commission for evaluation
10 of and recommendations for improving the effectiveness of the
11 system of building code laws for reporting to the Legislature
12 annually. Failure to comply with this or other requirements of
13 this act must be reported to the Legislature for further
14 action. Any proposed legislation providing for the revision or
15 repeal of existing laws and rules relating to technical
16 requirements applicable to building structures or facilities
17 should expressly state that such legislation is not intended
18 to imply any repeal or sunset of existing general or special
19 laws governing any special district that are not specifically
20 identified in the legislation.
21 (c) Upon written application by any substantially
22 affected person or a local enforcement agency, issue
23 declaratory statements pursuant to s. 120.565 relating to new
24 technologies, techniques, and materials which have been tested
25 where necessary and found to meet the objectives of the
26 Florida Building Code. This paragraph does not apply to the
27 types of products, materials, devices, or methods of
28 construction required to be approved under paragraph (f) (i).
29 (d) Upon written application by any substantially
30 affected person, state agency, or a local enforcement agency,
31 issue declaratory statements pursuant to s. 120.565 relating
14
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 to the enforcement or administration by local governments of
2 the Florida Building Code. Paragraph (h) provides the
3 exclusive remedy for addressing local interpretations of the
4 code.
5 (e) When requested in writing by any substantially
6 affected person, state agency, or a local enforcing agency,
7 shall issue declaratory statements pursuant to s. 120.565
8 relating to this part and ss. 515.25, 515.27, 515.29, and
9 515.37. Actions of the commission are subject to judicial
10 review pursuant to s. 120.68.
11 (d)(f) Make recommendations to, and provide assistance
12 upon the request of, the Florida Commission on Human Relations
13 regarding rules relating to accessibility for persons with
14 disabilities.
15 (e)(g) Participate with the Florida Fire Code Advisory
16 Council created under s. 633.72, to provide assistance and
17 recommendations relating to firesafety code interpretations.
18 The administrative staff of the commission shall attend
19 meetings of the Florida Fire Code Advisory Council and
20 coordinate efforts to provide consistency between the Florida
21 Building Code and the Florida Fire Prevention Code and the
22 Life Safety Code.
23 (h) Hear appeals of the decisions of local boards of
24 appeal regarding interpretation decisions of local building
25 officials, or if no local board exists, hear appeals of
26 decisions of the building officials regarding interpretations
27 of the code. For such appeals:
28 1. Local decisions declaring structures to be unsafe
29 and subject to repair or demolition shall not be appealable to
30 the commission if the local governing body finds there is an
31 immediate danger to the health and safety of its citizens.
15
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 2. All appeals shall be heard in the county of the
2 jurisdiction defending the appeal.
3 3. Hearings shall be conducted pursuant to chapter 120
4 and the uniform rules of procedure, and decisions of the
5 commission are subject to judicial review pursuant to s.
6 120.68.
7 (f)(i) Determine the types of products which may be
8 approved by the commission requiring approval for local or
9 statewide use and shall provide for the evaluation and
10 approval of such products, materials, devices, and method of
11 construction for statewide use. The commission may prescribe
12 by rule a schedule of reasonable fees to provide for
13 evaluation and approval of products, materials, devices, and
14 methods of construction. Evaluation and approval shall be by
15 action of the commission or delegated pursuant to s. 553.842.
16 This paragraph does not apply to products approved by the
17 State Fire Marshal.
18 (g)(j) Appoint experts, consultants, technical
19 advisers, and advisory committees for assistance and
20 recommendations relating to the major areas addressed in the
21 Florida Building Code.
22 (h)(k) Establish and maintain a mutual aid program,
23 organized through the department, to provide an efficient
24 supply of various levels of code enforcement personnel, design
25 professionals, commercial property owners, and construction
26 industry individuals, to assist in the rebuilding effort in an
27 area which has been hit with disaster. The program shall
28 include provisions for:
29 1. Minimum postdisaster structural, electrical, and
30 plumbing inspections and procedures.
31 2. Emergency permitting and inspection procedures.
16
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 3. Establishing contact with emergency management
2 personnel and other state and federal agencies.
3 (i)(l) Maintain a list of interested parties for
4 noticing rulemaking workshops and hearings, disseminating
5 information on code adoption, revisions, amendments, and all
6 other such actions which are the responsibility of the
7 commission.
8 (j)(m) Coordinate with the state and local
9 governments, industry, and other affected stakeholders in the
10 examination of legislative provisions and make recommendations
11 to fulfill the responsibility to develop a consistent, single
12 code.
13 (k)(n) Provide technical assistance to local building
14 departments in order to implement policies, procedures, and
15 practices which would produce the most cost-effective property
16 insurance ratings.
17 (l)(o) Develop recommendations for local governments
18 to use when pursuing partial or full privatization of building
19 department functions. The recommendations shall include, but
20 not be limited to, provisions relating to equivalency of
21 service, conflict of interest, requirements for competency,
22 liability, insurance, and long-term accountability.
23 (2) Upon written application by any substantially
24 affected person, the commission shall issue a declaratory
25 statement pursuant to s. 120.565 relating to a state agency's
26 interpretation and enforcement of the specific provisions of
27 the Florida Building Code the agency is authorized to enforce.
28 The provisions of this subsection shall not be construed to
29 provide any powers, other than advisory, to the commission
30 with respect to any decision of the State Fire Marshal made
31 pursuant to the provisions of chapter 633.
17
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 (3) The commission may designate a commission member
2 with demonstrated expertise in interpreting building plans to
3 attend each meeting of the advisory council created in s.
4 553.512. The commission member may vary from meeting to
5 meeting, shall serve on the council in a nonvoting capacity,
6 and shall receive per diem and expenses as provided in s.
7 553.74(3).
8 (2)(4) For educational and public information
9 purposes, the commission shall develop and publish an
10 informational and explanatory document which contains
11 descriptions of the roles and responsibilities of the licensed
12 design professional, residential designer, contractor, and
13 local building and fire code officials. The State Fire Marshal
14 shall be responsible for developing and specifying roles and
15 responsibilities for fire code officials. Such document may
16 also contain descriptions of roles and responsibilities of
17 other participants involved in the building codes system.
18 (3)(5) The commission may provide by rule for plans
19 review and approval of prototype buildings owned by public and
20 private entities to be replicated throughout the state. The
21 rule must allow for review and approval of plans and changes
22 to approved plans for prototype buildings to be performed by a
23 public or private entity with oversight by the commission. The
24 department may charge reasonable fees to cover the
25 administrative costs of the program. Such approved plans or
26 prototype buildings shall be exempt from further review
27 required by s. 553.79(2), except changes to the prototype
28 design, site plans, and other site-related items. Changes to
29 an approved plan may be approved by the local building
30 department or by the public or private entity that approved
31 the plan. As provided in s. 553.73, prototype buildings are
18
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 exempt from any locally adopted amendment to any part of the
2 Florida Building Code. Construction or erection of such
3 prototype buildings is subject to local permitting and
4 inspections pursuant to this part.
5 (4)(6) The commission may produce and distribute a
6 commentary document to accompany the Florida Building Code.
7 The commentary must be limited in effect to providing
8 technical assistance and must not have the effect of binding
9 interpretations of the code document itself.
10 (5) If a member of the commission has a present or
11 potential personal or financial interest in the outcome of a
12 vote or other action of the commission, the member shall
13 abstain from voting or taking action on the matter.
14 (7) The commission shall by rule establish an informal
15 process of rendering nonbinding interpretations of the Florida
16 Building Code. The commission is specifically authorized to
17 refer interpretive issues to organizations that represent
18 those engaged in the construction industry. The commission is
19 directed to immediately implement the process prior to the
20 completion of formal rulemaking. It is the intent of the
21 Legislature that the commission create a process to refer
22 questions to a small, rotating group of individuals licensed
23 under part XII of chapter 468, to which a party can pose
24 questions regarding the interpretation of code provisions. It
25 is the intent of the Legislature that the process provide for
26 the expeditious resolution of the issues presented and
27 publication of the resulting interpretation on the Building
28 Code Information System. Such interpretations are to be
29 advisory only and nonbinding on the parties or the commission.
30 Section 7. Section 553.775, Florida Statutes, is
31 created to read:
19
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 553.775 Interpretations.--
2 (1) It is the intent of the Legislature that the
3 Florida Building Code be interpreted by building officials,
4 local enforcement agencies, and the commission in a manner
5 that protects the public safety, health, and welfare at the
6 most reasonable cost to the consumer by ensuring uniform
7 interpretations throughout the state and by providing
8 processes for resolving disputes regarding interpretations of
9 the Florida Building Code which are just and expeditious.
10 (2) Local enforcement agencies, local building
11 officials, state agencies, and the commission shall interpret
12 provisions of the Florida Building Code in a manner that is
13 consistent with declaratory statements and interpretations
14 entered by the commission, except that conflicts between the
15 Florida Fire Prevention Code and the Florida Building Code
16 shall be resolved in accordance with s. 553.73(9)(c) and (d).
17 (3) The following procedures may be invoked regarding
18 interpretations of the Florida Building Code:
19 (a) Upon written application by any substantially
20 affected person or state agency or by a local enforcement
21 agency, the commission shall issue declaratory statements
22 pursuant to s. 120.565 relating to the enforcement or
23 administration by local governments of the Florida Building
24 Code.
25 (b) When requested in writing by any substantially
26 affected person or state agency or by a local enforcement
27 agency, the commission shall issue a declaratory statement
28 pursuant to s. 120.565 relating to this part and ss. 515.25,
29 515.27, 515.29, and 515.37. Actions of the commission are
30 subject to judicial review under s. 120.68.
31 (c) The commission shall review decisions of local
20
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 building officials and local enforcement agencies regarding
2 interpretations of the Florida Building Code after the local
3 board of appeals has considered the decision, if such board
4 exists, and if such appeals process is concluded within 10
5 business days.
6 1. The commission shall coordinate with the Building
7 Officials Association of Florida, Inc., to designate panels
8 composed of five members to hear requests to review decisions
9 of local building officials. The members must be licensed as
10 building code administrators under part XII of chapter 468 and
11 must have experience interpreting and enforcing provisions of
12 the Florida Building Code.
13 2. Requests to review a decision of a local building
14 official interpreting provisions of the Florida Building Code
15 may be initiated by any substantially affected person,
16 including an owner or builder subject to a decision of a local
17 building official or an association of owners or builders
18 having members who are subject to a decision of a local
19 building official. In order to initiate review, the
20 substantially affected person must file a petition with the
21 commission. The commission shall adopt a form for the
22 petition, which shall be published on the Building Code
23 Information System. The form shall, at a minimum, require the
24 following:
25 a. The name and address of the county or municipality
26 in which provisions of the Florida Building Code are being
27 interpreted.
28 b. The name and address of the local building official
29 who has made the interpretation being appealed.
30 c. The name, address, and telephone number of the
31 petitioner; the name, address, and telephone number of the
21
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 petitioner's representative, if any; and an explanation of how
2 the petitioner's substantial interests are being affected by
3 the local interpretation of the Florida Building Code.
4 d. A statement of the provisions of the Florida
5 Building Code which are being interpreted by the local
6 building official.
7 e. A statement of the interpretation given to
8 provisions of the Florida Building Code by the local building
9 official and the manner in which the interpretation was
10 rendered.
11 f. A statement of the interpretation that the
12 petitioner contends should be given to the provisions of the
13 Florida Building Code and a statement supporting the
14 petitioner's interpretation.
15 g. Space for the local building official to respond in
16 writing. The space shall, at a minimum, require the local
17 building official to respond by providing a statement
18 admitting or denying the statements contained in the petition
19 and a statement of the interpretation of the provisions of the
20 Florida Building Code which the local jurisdiction or the
21 local building official contends is correct, including the
22 basis for the interpretation.
23 3. The petitioner shall submit the petition to the
24 local building official, who shall place the date of receipt
25 on the petition. The local building official shall respond to
26 the petition in accordance with the form and shall return the
27 petition along with his or her response to the petitioner
28 within 5 days after receipt, exclusive of Saturdays, Sundays,
29 and legal holidays. The petitioner may file the petition with
30 the commission at any time after the local building official
31 provides a response. If no response is provided by the local
22
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 building official, the petitioner may file the petition with
2 the commission 10 days after submission of the petition to the
3 local building official and shall note that the local building
4 official did not respond.
5 4. Upon receipt of a petition that meets the
6 requirements of subparagraph 2., the commission shall
7 immediately provide copies of the petition to a panel, and the
8 commission shall publish the petition, including any response
9 submitted by the local building official, on the Building Code
10 Information System in a manner that allows interested persons
11 to address the issues by posting comments.
12 5. The panel shall conduct proceedings as necessary to
13 resolve the issues; shall give due regard to the petitions,
14 the response, and to comments posed on the Building Code
15 Information System; and shall issue an interpretation
16 regarding the provisions of the Florida Building Code within
17 21 days after the filing of the petition. The panel shall
18 render a determination based upon the Florida Building Code
19 or, if the code is ambiguous, the intent of the code. The
20 panel's interpretation shall be provided to the commission,
21 which shall publish the interpretation on the Building Code
22 Information System and in the Florida Administrative Weekly.
23 The interpretation shall be considered an interpretation
24 entered by the commission, and shall be binding upon the
25 parties and upon all jurisdictions subject to the Florida
26 Building Code, unless it is superseded by a declaratory
27 statement issued by the Florida Building Commission or by a
28 final order entered after an appeal proceeding conducted in
29 accordance with subparagraph 7.
30 6. It is the intent of the Legislature that review
31 proceedings be completed within 21 days after the date that a
23
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 petition seeking review is filed with the commission, and the
2 time periods set forth in this paragraph may be waived only
3 upon consent of all parties.
4 7. Any substantially affected person may appeal an
5 interpretation rendered by a hearing officer panel by filing a
6 petition with the commission. Such appeals shall be initiated
7 in accordance with chapter 120 and the uniform rules of
8 procedure and must be filed within 30 days after publication
9 of the interpretation on the Building Code Information System
10 or in the Florida Administrative Weekly. Hearings shall be
11 conducted pursuant to chapter 120 and the uniform rules of
12 procedure. Decisions of the commission are subject to judicial
13 review pursuant to s. 120.68. The final order of the
14 commission is binding upon the parties and upon all
15 jurisdictions subject to the Florida Building Code.
16 8. The burden of proof in any proceeding initiated in
17 accordance with subparagraph 7. is on the party who initiated
18 the appeal.
19 9. In any review proceeding initiated in accordance
20 with this paragraph, including any proceeding initiated in
21 accordance with subparagraph 7., the fact that an owner or
22 builder has proceeded with construction may not be grounds for
23 determining an issue to be moot if the issue is one that is
24 likely to arise in the future.
25
26 This paragraph provides the exclusive remedy for addressing
27 requests to review local interpretations of the code and
28 appeals from review proceedings.
29 (d) Local decisions declaring structures to be unsafe
30 and subject to repair or demolition are not subject to review
31 under this subsection and may not be appealed to the
24
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 commission if the local governing body finds that there is an
2 immediate danger to the health and safety of the public.
3 (e) Upon written application by any substantially
4 affected person, the commission shall issue a declaratory
5 statement pursuant to s. 120.565 relating to an agency's
6 interpretation and enforcement of the specific provisions of
7 the Florida Building Code which the agency is authorized to
8 enforce. This subsection does not provide any powers, other
9 than advisory, to the commission with respect to any decision
10 of the State Fire Marshal made pursuant to chapter 633.
11 (f) The commission may designate a commission member
12 who has demonstrated expertise in interpreting building plans
13 to attend each meeting of the advisory council created in s.
14 553.512. The commission member may vary from meeting to
15 meeting, shall serve on the council in a nonvoting capacity,
16 and shall receive per diem and expenses as provided in s.
17 553.74(3).
18 (g) The commission shall by rule establish an informal
19 process of rendering nonbinding interpretations of the Florida
20 Building Code. The commission is specifically authorized to
21 refer interpretive issues to organizations that represent
22 those engaged in the construction industry. The commission
23 shall immediately implement the process before completing
24 formal rulemaking. It is the intent of the Legislature that
25 the commission create a process to refer questions to a small,
26 rotating group of individuals licensed under part XII of
27 chapter 468, to which a party may pose questions regarding the
28 interpretation of code provisions. It is the intent of the
29 Legislature that the process provide for the expeditious
30 resolution of the issues presented and publication of the
31 resulting interpretation on the Building Code Information
25
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 System. Such interpretations shall be advisory only and
2 nonbinding on the parties and the commission.
3 (4) In order to administer this section, the
4 commission may adopt by rule and impose a fee that may not
5 exceed $50 for each request for a review or interpretation.
6 Section 8. Subsection (14) of section 553.79, Florida
7 Statutes, is amended to read:
8 553.79 Permits; applications; issuance; inspections.--
9 (14) Certifications by contractors authorized under
10 the provisions of s. 489.115(4)(b) shall be considered
11 equivalent to sealed plans and specifications by a person
12 licensed under chapter 471 or chapter 481 by local enforcement
13 agencies for plans review for permitting purposes relating to
14 compliance with the wind resistance provisions of the code or
15 alternate methodologies approved by the commission for one and
16 two family dwellings. Local enforcement agencies may rely upon
17 such certification by contractors that the plans and
18 specifications submitted conform to the requirements of the
19 code for wind resistance. Upon good cause shown, local
20 government code enforcement agencies may accept or reject
21 plans sealed by persons licensed under chapter 471, chapter
22 481, or chapter 489. A truss-placement plan is not required to
23 be signed and sealed by an engineer or architect unless
24 prepared by an engineer or architect or specifically required
25 by the Florida Building Code.
26 Section 9. Paragraph (f) of subsection (1),
27 subsections (2) and (4), paragraph (a) of subsection (6), and
28 subsections (7), (9), (11), (12), (14), (15), and (17) of
29 section 553.791, Florida Statutes, are amended to read:
30 553.791 Alternative plans review and inspection.--
31 (1) As used in this section, the term:
26
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 (f) "Permit application" means a properly completed
2 and submitted application for:
3 1. the requested building or construction permit,
4 including:.
5 1.2. The plans reviewed by the private provider.
6 2.3. The affidavit from the private provider required
7 pursuant to subsection (5).
8 3.4. Any applicable fees.
9 4.5. Any documents required by the local building
10 official to determine that the fee owner has secured all other
11 government approvals required by law.
12 (2) Notwithstanding any other provision of law or
13 local government ordinance or local policy, the fee owner of a
14 building, or the fee owner's contractor upon written
15 authorization from the fee owner, may choose to use a private
16 provider to provide building code inspection services with
17 regard to such building and may make payment directly to the
18 private provider for the provision of such services. All such
19 services shall be the subject of a written contract between
20 the private provider, or the private provider's firm, and the
21 fee owner. The fee owner may elect to use a private provider
22 to provide either plans review or required building
23 inspections, or both. The local building official, in his or
24 her discretion and pursuant to duly adopted policies of the
25 local enforcement agency, may require the fee owner who
26 desires to use a private provider to use the private provider
27 to provide both plans review and required building inspection
28 services.
29 (4) A fee owner or the fee owner's contractor using a
30 private provider to provide building code inspection services
31 shall notify the local building official at the time of permit
27
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 application, or no less than 7 business days prior to the
2 first scheduled inspection by the local building official or
3 building code enforcement agency for a private provider
4 performing required inspections of construction under this
5 section, on a form to be adopted by the commission. This
6 notice shall include the following information:
7 (a) The services to be performed by the private
8 provider.
9 (b) The name, firm, address, telephone number, and
10 facsimile number of each private provider who is performing or
11 will perform such services, his or her professional license or
12 certification number, qualification statements or resumes,
13 and, if required by the local building official, a certificate
14 of insurance demonstrating that professional liability
15 insurance coverage is in place for the private provider's
16 firm, the private provider, and any duly authorized
17 representative in the amounts required by this section.
18 (c) An acknowledgment from the fee owner in
19 substantially the following form:
20
21 I have elected to use one or more private providers to provide
22 building code plans review and/or inspection services on the
23 building that is the subject of the enclosed permit
24 application, as authorized by s. 553.791, Florida Statutes. I
25 understand that the local building official may not review the
26 plans submitted or perform the required building inspections
27 to determine compliance with the applicable codes, except to
28 the extent specified in said law. Instead, plans review and/or
29 required building inspections will be performed by licensed or
30 certified personnel identified in the application. The law
31 requires minimum insurance requirements for such personnel,
28
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 but I understand that I may require more insurance to protect
2 my interests. By executing this form, I acknowledge that I
3 have made inquiry regarding the competence of the licensed or
4 certified personnel and the level of their insurance and am
5 satisfied that my interests are adequately protected. I agree
6 to indemnify, defend, and hold harmless the local government,
7 the local building official, and their building code
8 enforcement personnel from any and all claims arising from my
9 use of these licensed or certified personnel to perform
10 building code inspection services with respect to the building
11 that is the subject of the enclosed permit application.
12
13 If the fee owner or the fee owner's contractor makes any
14 changes to the listed private providers or the services to be
15 provided by those private providers, the fee owner or the fee
16 owner's contractor shall, within 1 business day after any
17 change, update the notice to reflect such changes. In
18 addition, the fee owner or the fee owner's contractor shall
19 post at the project site, prior to the commencement of
20 construction and updated within 1 business day after any
21 change, on a form to be adopted by the commission, the name,
22 firm, address, telephone number, and facsimile number of each
23 private provider who is performing or will perform building
24 code inspection services, the type of service being performed,
25 and similar information for the primary contact of the private
26 provider on the project.
27 (6)(a) No more than Within 30 business days after
28 receipt of a permit application and the affidavit from the
29 private provider required pursuant to subsection (5), the
30 local building official shall issue the requested permit or
31 provide a written notice to the permit applicant identifying
29
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 the specific plan features that do not comply with the
2 applicable codes, as well as the specific code chapters and
3 sections. If the local building official does not provide a
4 written notice of the plan deficiencies within the prescribed
5 30-day period, the permit application shall be deemed approved
6 as a matter of law, and the permit shall be issued by the
7 local building official on the next business day.
8 (7) A private provider performing required inspections
9 under this section shall inspect each phase of construction as
10 required by the applicable codes. The private provider shall
11 be permitted to send a duly authorized representative to the
12 building site to perform the required inspections, provided
13 all required reports and certifications are prepared by and
14 bear the signature of the private provider. The duly
15 authorized representative must be an employee of the private
16 provider entitled to receive unemployment compensation
17 benefits under chapter 443. The contractor's contractual or
18 legal obligations are not relieved by any action of the
19 private provider.
20 (9) Upon completing the required inspections at each
21 applicable phase of construction, the private provider shall
22 record such inspections on a form acceptable to the local
23 building official. These inspection records shall reflect
24 those inspections required by the applicable codes of each
25 phase of construction for which permitting by a local
26 enforcement agency is required. The private provider, before
27 leaving the project site, shall post each completed inspection
28 record, indicating pass or fail, at the site and provide the
29 record to the local building official within 2 business days.
30 The local building official may waive the requirement to
31 provide a record of each inspection within 2 business days if
30
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 the record is posted at the project site and all such
2 inspection records are submitted with the certificate of
3 compliance. Records of all required and completed inspections
4 shall be maintained at the building site at all times and made
5 available for review by the local building official. The
6 private provider shall report to the local enforcement agency
7 any condition that poses an immediate threat to public safety
8 and welfare.
9 (11) No more than Within 2 business days after receipt
10 of a request for a certificate of occupancy or certificate of
11 completion and the applicant's presentation of a certificate
12 of compliance and approval of all other government approvals
13 required by law, the local building official shall issue the
14 certificate of occupancy or certificate of completion or
15 provide a notice to the applicant identifying the specific
16 deficiencies, as well as the specific code chapters and
17 sections. If the local building official does not provide
18 notice of the deficiencies within the prescribed 2-day period,
19 the request for a certificate of occupancy or certificate of
20 completion shall be deemed granted and the certificate of
21 occupancy or certificate of completion shall be issued by the
22 local building official on the next business day. To resolve
23 any identified deficiencies, the applicant may elect to
24 dispute the deficiencies pursuant to subsection (12) or to
25 submit a corrected request for a certificate of occupancy or
26 certificate of completion.
27 (12) If the local building official determines that
28 the building construction or plans do not comply with the
29 applicable codes, the official may deny the permit or request
30 for a certificate of occupancy or certificate of completion,
31 as appropriate, or may issue a stop-work order for the project
31
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 or any portion thereof as provided by law, if the official
2 determines that such noncompliance poses a threat to public
3 safety and welfare, subject to the following:
4 (a) The local building official shall be available to
5 meet with the private provider within 2 business days to
6 resolve any dispute after issuing a stop-work order or
7 providing notice to the applicant denying a permit or request
8 for a certificate of occupancy or certificate of completion.
9 (b) If the local building official and private
10 provider are unable to resolve the dispute, the matter shall
11 be referred to the local enforcement agency's board of
12 appeals, if one exists, which shall consider the matter at its
13 next scheduled meeting or sooner. Any decisions by the local
14 enforcement agency's board of appeals, or local building
15 official if there is no board of appeals, may be appealed to
16 the commission as provided by this chapter pursuant to s.
17 553.77(1)(h).
18 (c) Notwithstanding any provision of this section, any
19 decisions regarding the issuance of a building permit,
20 certificate of occupancy, or certificate of completion may be
21 reviewed by the local enforcement agency's board of appeals,
22 if one exists. Any decision by the local enforcement agency's
23 board of appeals, or local building official if there is no
24 board of appeals, may be appealed to the commission as
25 provided by this chapter pursuant to s. 553.77(1)(h), which
26 shall consider the matter at the commission's next scheduled
27 meeting.
28 (14)(a) No local enforcement agency, local building
29 official, or local government may adopt or enforce any laws,
30 rules, procedures, policies, qualifications, or standards more
31 stringent than those prescribed by this section.
32
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 (b) A local enforcement agency, local building
2 official, or local government may establish, for private
3 providers and duly authorized representatives working within
4 that jurisdiction, a system of registration to verify
5 compliance with the licensure requirements of paragraph (1)(g)
6 and the insurance requirements of subsection (15).
7 (c) Nothing in this section limits the authority of
8 the local building official to issue a stop-work order for a
9 building project or any portion of such order, as provided by
10 law, if the official determines that a condition on the
11 building site constitutes an immediate threat to public safety
12 and welfare.
13 (15) A private provider may perform building code
14 inspection services under this section only if the private
15 provider maintains insurance for professional and
16 comprehensive general liability with minimum policy limits of
17 $2 $1 million per occurrence for commercial projects and $1
18 million per occurrence for private residential projects
19 covering relating to all services performed as a private
20 provider. If the private provider chooses to secure
21 claims-made coverage to fulfill this requirement, the private
22 provider must also maintain, including tail coverage for a
23 minimum of 5 years subsequent to the performance of building
24 code inspection services. Before providing building code
25 inspection services within a local building official's
26 jurisdiction, a private provider must provide to the local
27 building official a certificate of insurance evidencing that
28 the coverages required under this subsection are in force.
29 (17) Each local building code enforcement agency shall
30 develop and maintain a process to audit the performance of
31 building code inspection services by private providers
33
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 operating within the local jurisdiction. Work on a building
2 may proceed after inspection and approval by a private
3 provider if the provider has given notice of the inspection
4 pursuant to subsection (8) and, subsequent to such inspection
5 and approval, the work may not be delayed for completion of an
6 inspection audit by the local building code enforcement
7 agency.
8 Section 10. Paragraph (d) of subsection (1) of section
9 553.80, Florida Statutes, is amended, and subsections (7) and
10 (8) are added to that section, to read:
11 553.80 Enforcement.--
12 (1) Except as provided in paragraphs (a)-(f), each
13 local government and each legally constituted enforcement
14 district with statutory authority shall regulate building
15 construction and, where authorized in the state agency's
16 enabling legislation, each state agency shall enforce the
17 Florida Building Code required by this part on all public or
18 private buildings, structures, and facilities, unless such
19 responsibility has been delegated to another unit of
20 government pursuant to s. 553.79(9).
21 (d) Building plans approved pursuant to s.
22 553.77(3)(5) and state-approved manufactured buildings,
23 including buildings manufactured and assembled offsite and not
24 intended for habitation, such as lawn storage buildings and
25 storage sheds, are exempt from local code enforcing agency
26 plan reviews except for provisions of the code relating to
27 erection, assembly, or construction at the site. Erection,
28 assembly, and construction at the site are subject to local
29 permitting and inspections.
30
31 The governing bodies of local governments may provide a
34
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
2 and this section, for the enforcement of the provisions of
3 this part. Such fees shall be used solely for carrying out the
4 local government's responsibilities in enforcing the Florida
5 Building Code. The authority of state enforcing agencies to
6 set fees for enforcement shall be derived from authority
7 existing on July 1, 1998. However, nothing contained in this
8 subsection shall operate to limit such agencies from adjusting
9 their fee schedule in conformance with existing authority.
10 (7) The governing bodies of local governments may
11 provide a schedule of reasonable fees, as authorized by s.
12 125.56(2) or s. 166.222 and this section, for enforcing this
13 part. These fees, and any fines or investment earnings related
14 to the fees, shall be used solely for carrying out the local
15 government's responsibilities in enforcing the Florida
16 Building Code. When providing a schedule of reasonable fees,
17 the total estimated annual revenue derived from fees, and the
18 fines and investment earnings related to the fees, may not
19 exceed the total estimated annual costs of allowable
20 activities. Any unexpended balances shall be carried forward
21 to future years for allowable activities or shall be refunded
22 at the discretion of the local government. The basis for a fee
23 structure for allowable activities shall relate to the level
24 of service provided by the local government. Fees charged
25 shall be consistently applied.
26 (a) As used in this subsection, the phrase "enforcing
27 the Florida Building Code" includes the direct costs and
28 reasonable indirect costs associated with review of building
29 plans, building inspections, reinspections, building permit
30 processing; building code enforcement; and fire inspections
31 associated with new construction. The phrase may also include
35
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 training costs associated with the enforcement of the Florida
2 Building Code and enforcement action pertaining to unlicensed
3 contractor activity to the extent not funded by other user
4 fees.
5 (b) The following activities may not be funded with
6 fees adopted for enforcing the Florida Building Code:
7 1. Planning and zoning or other general government
8 activities.
9 2. Inspections of public buildings for a reduced fee
10 or no fee.
11 3. Public information requests, community functions,
12 boards, and any program not directly related to enforcement of
13 the Florida Building Code.
14 4. Enforcement and implementation of any other local
15 ordinance, excluding validly adopted local amendments to the
16 Florida Building Code and excluding any local ordinance
17 directly related to enforcing the Florida Building Code as
18 defined in paragraph (a).
19 (c) A local government shall use recognized
20 management, accounting, and oversight practices to ensure that
21 fees, fines, and investment earnings generated under this
22 subsection are maintained and allocated or used solely for the
23 purposes described in paragraph (a).
24 (8) The Department of Agriculture and Consumer
25 Services is not subject to local government permitting
26 requirements, plan review, or inspection fees for nonoccupied
27 structures, such as equipment storage sheds and polebarns that
28 are not used by the public.
29 Section 11. Paragraph (c) is added to subsection (17)
30 of section 120.80, Florida Statutes, to read:
31 120.80 Exceptions and special requirements;
36
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 agencies.--
2 (17) FLORIDA BUILDING COMMISSION.--
3 (c) Notwithstanding ss. 120.565, 120.569, and 120.57,
4 the Florida Building Commission and hearing officer panels
5 appointed by the commission in accordance with s.
6 553.775(3)(c)1. may conduct proceedings to review decisions of
7 local building code officials in accordance with s.
8 553.775(3)(c).
9 Section 12. Section 553.841, Florida Statutes, is
10 amended to read:
11 (Substantial rewording of section. See
12 s. 533.841, F.S., for present text.)
13 553.841 Building code education and outreach
14 program.--
15 (1) The Legislature finds that the effectiveness of
16 the building codes of this state depends on the performance of
17 all participants, as demonstrated through knowledge of the
18 codes and commitment to compliance with code directives, and
19 that to strengthen compliance by industry and enforcement by
20 government, a building code education and outreach program is
21 needed.
22 (2) There is created the Building Code Education and
23 Outreach Council to coordinate, develop, and maintain
24 education and outreach to ensure administration and
25 enforcement of the Florida Building Code.
26 (3) The Building Code Education and Outreach Council
27 shall be composed of the following members:
28 (a) Three members of the Florida Building Commission,
29 selected by the commission;
30 (b) One member of the Florida Building Code
31 Administrators and Inspectors Board, selected by that board;
37
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 (c) One member of the Construction Industry Licensing
2 Board, selected by that board;
3 (d) One member of the Electrical Contractors Licensing
4 Board, selected by that board;
5 (e) One member of the Florida Board of Professional
6 Engineers, selected by that board;
7 (f) One architect member of the Board of Architecture
8 and Interior Design, selected by that board;
9 (g) One interior designer member of the Board of
10 Architecture and Interior Design, selected by that board;
11 (h) One member of the Board of Landscape Architecture,
12 selected by that board; and
13 (i) One member from the office of the State Fire
14 Marshal, selected by that office.
15
16 Each member shall be appointed to a 2-year term and may be
17 reappointed at the discretion of the appointing body. A chair
18 shall be elected by majority vote of the council and shall
19 serve a term of 1 year.
20 (4) The Building Code Education and Outreach Council
21 shall meet in Tallahassee at least semiannually. The council
22 may meet more often but not more than monthly, and such
23 additional meetings may be by telephone conference call. All
24 costs for travel shall be borne by the respective appointing
25 entity. Administrative support, including meeting space if
26 requested, shall be provided by Building A Safer Florida, Inc.
27 (5) The Building Code Education and Outreach Council
28 shall:
29 (a) Consider and determine any policies or procedures
30 needed to administer ss. 489.109(3) and 489.509(3).
31 (b) Administer the provisions of this section.
38
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 (c) Determine the areas of priority for which funds
2 should be expended for research and continuing education.
3 (d) Review all proposed continuing education courses
4 concerning the Florida Building Code and recommend to the
5 commission any related courses that should be approved for
6 continuing education.
7 (6) The Building Code Education and Outreach Council
8 shall develop or cause to be developed:
9 (a) A core curriculum that is prerequisite to all
10 specialized and advanced module coursework.
11 (b) A set of specialized and advanced modules
12 specifically designed for use by each profession.
13 (7) The core curriculum shall cover the information
14 required to have all categories of participants appropriately
15 informed as to their technical and administrative
16 responsibilities in the effective execution of the code
17 process by all individuals currently licensed under part XII
18 of chapter 468, chapter 471, chapter 481, or chapter 489,
19 except as otherwise provided in s. 471.017. The core
20 curriculum shall be prerequisite to the advanced module
21 coursework for all licensees and shall be completed by
22 individuals licensed in all categories under part XII of
23 chapter 468, chapter 471, chapter 481, or chapter 489 within
24 the first 2-year period after establishment of the program.
25 Core course hours taken by licensees to complete this
26 requirement shall count toward fulfillment of required
27 continuing education units under part XII of chapter 468,
28 chapter 471, chapter 481, or chapter 489.
29 (8) The Building Code Education and Outreach Council
30 shall develop, cause to be developed, or maintain an
31 equivalency test for each category of licensee. Such test may
39
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 be taken in lieu of the core curriculum. A passing score on
2 the test shall be equivalent to completion of the core
3 curriculum and shall be credited toward the required number of
4 hours of continuing education.
5 (9) Each biennium, upon receipt of funds by the
6 Department of Community Affairs from the Construction Industry
7 Licensing Board and the Electrical Contractors' Licensing
8 Board provided under ss. 489.109(3) and 489.509(3), the
9 commission shall determine the amount of funds available for
10 research projects from the proceeds of contractor licensing
11 fees and identify, solicit, and accept funds from other
12 sources for research and continuing education projects.
13 (10) If funds collected for research projects in any
14 year do not require the use of all available funds, the unused
15 funds shall be carried forward and allocated for use during
16 the following fiscal year.
17 Section 13. Section 553.8413, Florida Statutes, is
18 repealed.
19 Section 14. Subsections (3), (4), (5), (6), (7), (8),
20 paragraph (a) of subsection (9), and subsection (16) of
21 section 553.842, Florida Statutes, are amended to read:
22 553.842 Product evaluation and approval.--
23 (3) Products or methods or systems of construction
24 that require approval under s. 553.77, that have standardized
25 testing or comparative or rational analysis methods
26 established by the code, and that are certified by an approved
27 product evaluation entity, testing laboratory, or
28 certification agency as complying with the standards specified
29 by the code shall be approved for local or statewide use.
30 Products required to be approved for statewide use shall be
31 approved by one of the methods established in subsection (6)
40
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 without further evaluation.
2 (4) By October 1, 2003, Products or methods or systems
3 of construction requiring approval under s. 553.77 must be
4 approved by one of the methods established in subsection (5)
5 or subsection (6) before their use in construction in this
6 state. Products may be approved either by the commission for
7 statewide use, or by a local building department for use in
8 that department's jurisdiction only. Notwithstanding a local
9 government's authority to amend the Florida Building Code as
10 provided in this act, statewide approval shall preclude local
11 jurisdictions from requiring further testing, evaluation, or
12 submission of other evidence as a condition of using the
13 product so long as the product is being used consistent with
14 the conditions of its approval.
15 (5) Local approval of products or methods or systems
16 of construction may be achieved by the local building official
17 through building plans review and inspection to determine that
18 the product, method, or system of construction complies with
19 the prescriptive standards established in the code.
20 Alternatively, local approval may be achieved by one of the
21 methods established in subsection (6).
22 (5)(6) Statewide or local approval of products,
23 methods, or systems of construction may be achieved by one of
24 the following methods. One of these methods must be used by
25 local officials or the commission to approve the following
26 categories of products: panel walls, exterior doors, roofing,
27 skylights, windows, shutters, and structural components as
28 established by the commission by rule.
29 (a) Products for which the code establishes
30 standardized testing or comparative or rational analysis
31 methods shall be approved by submittal and validation of one
41
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 of the following reports or listings indicating that the
2 product or method or system of construction was evaluated to
3 be in compliance with the Florida Building Code and that the
4 product or method or system of construction is, for the
5 purpose intended, at least equivalent to that required by the
6 Florida Building Code:
7 1. A certification mark or listing of an approved
8 certification agency;
9 2. A test report from an approved testing laboratory;
10 3. A product evaluation report based upon testing or
11 comparative or rational analysis, or a combination thereof,
12 from an approved product evaluation entity; or
13 4. A product evaluation report based upon testing or
14 comparative or rational analysis, or a combination thereof,
15 developed and signed and sealed by a professional engineer or
16 architect, licensed in this state.
17
18 A product evaluation report or a certification mark or listing
19 of an approved certification agency which demonstrates that
20 the product or method or system of construction complies with
21 the Florida Building Code for the purpose intended shall be
22 equivalent to a test report and test procedure as referenced
23 in the Florida Building Code.
24 (b) Products, methods, or systems of construction for
25 which there are no specific standardized testing or
26 comparative or rational analysis methods established in the
27 code may be approved by submittal and validation of one of the
28 following:
29 1. A product evaluation report based upon testing or
30 comparative or rational analysis, or a combination thereof,
31 from an approved product evaluation entity indicating that the
42
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 product or method or system of construction was evaluated to
2 be in compliance with the intent of the Florida Building Code
3 and that the product or method or system of construction is,
4 for the purpose intended, at least equivalent to that required
5 by the Florida Building Code; or
6 2. A product evaluation report based upon testing or
7 comparative or rational analysis, or a combination thereof,
8 developed and signed and sealed by a professional engineer or
9 architect, licensed in this state, who certifies that the
10 product or method or system of construction is, for the
11 purpose intended, at least equivalent to that required by the
12 Florida Building Code.
13 (6)(7) The commission shall ensure that product
14 manufacturers that obtain statewide product approval operate
15 quality assurance programs for all approved products. The
16 commission shall adopt by rule criteria for operation of the
17 quality assurance programs.
18 (7)(8) For local approvals, validation shall be
19 performed by the local building official. The commission shall
20 adopt by rule criteria constituting complete validation by the
21 local official, including, but not limited to, criteria
22 governing verification of a quality assurance program. For
23 state approvals, validation shall be performed by validation
24 entities approved by the commission. The commission shall
25 adopt by rule criteria for approval of validation entities,
26 which shall be third-party entities independent of the
27 product's manufacturer and which shall certify to the
28 commission the product's compliance with the code. Products
29 bearing a certification mark or listing from an approved
30 certification agency shall be validated by inspection of the
31 certification mark or listing.
43
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 (8)(9) The commission may adopt rules to approve the
2 following types of entities that produce information on which
3 product approvals are based. All of the following entities,
4 including engineers and architects, must comply with a
5 nationally recognized standard demonstrating independence or
6 no conflict of interest:
7 (a) Evaluation entities that meet the criteria for
8 approval adopted by the commission by rule. The commission
9 shall specifically approve the National Evaluation Service,
10 the International Conference of Building Officials Evaluation
11 Services, the International Code Council Evaluation Services,
12 the Building Officials and Code Administrators International
13 Evaluation Services, the Southern Building Code Congress
14 International Evaluation Services, and the Miami-Dade County
15 Building Code Compliance Office Product Control. Architects
16 and engineers licensed in this state are also approved to
17 conduct product evaluations as provided in subsection (5) (6).
18 (16) The commission shall establish a schedule for
19 adoption of the rules required in this section to ensure that
20 the product manufacturing industry has sufficient time to
21 revise products to meet the requirements for approval and
22 submit them for testing or evaluation before the system takes
23 effect on October 1, 2003, and to ensure that the availability
24 of statewide approval is not delayed.
25 Section 15. Section 633.026, Florida Statutes, is
26 created to read:
27 633.026 Informal interpretations of the Florida Fire
28 Prevention Code.--The Division of State Fire Marshal shall by
29 rule establish an informal process of rendering nonbinding
30 interpretations of the Florida Fire Prevention Code. The
31 Division of State Fire Marshal may contract with and refer
44
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 interpretive issues to a nonprofit organization that has
2 experience in fire safety and control issues. The Division of
3 State Fire Marshal shall immediately implement the process
4 prior to the completion of formal rulemaking. It is the intent
5 of the Legislature that the Division of State Fire Marshal
6 create a process to refer questions to a small group of
7 individuals certified under s. 633.081(2), to which a party
8 can pose questions regarding the interpretation of code
9 provisions. It is the intent of the Legislature that the
10 process provide for the expeditious resolution of the issues
11 presented and publication of the resulting interpretation on
12 the website of the Division of State Fire Marshal. It is the
13 intent of the Legislature that this program be similar to the
14 program established by the Florida Building Commission in s.
15 553.77(7). Such interpretations shall be advisory only and
16 nonbinding on the parties or the State Fire Marshal. This
17 program shall be funded from the Insurance Regulatory Trust
18 Fund.
19 Section 16. Local product approval.--
20 (1) For local product approval, products or systems of
21 construction shall demonstrate compliance with the structural
22 windload requirements of the Florida Building Code through one
23 of the following methods:
24 (a) A certification mark, listing, or label from a
25 commission-approved certification agency indicating that the
26 product complies with the code;
27 (b) A test report from a commission-approved testing
28 laboratory indicating that the product tested complies with
29 the code;
30 (c) A product-evaluation report based upon testing,
31 comparative or rational analysis, or a combination thereof,
45
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 from a commission-approved product evaluation entity which
2 indicates that the product evaluated complies with the code;
3 (d) A product-evaluation report or certification based
4 upon testing or comparative or rational analysis, or a
5 combination thereof, developed and signed and sealed by a
6 Florida professional engineer or Florida registered architect,
7 which indicates that the product complies with the code; or
8 (e) A statewide product approval issued by the Florida
9 Building Commission.
10 (2) For product-evaluation reports that indicate
11 compliance with the code based upon a test report from an
12 approved testing laboratory and rational or comparative
13 analysis by a Florida registered architect or Florida
14 professional engineer, the testing laboratory or the
15 evaluating architect or engineer must certify independence
16 from the product manufacturer.
17 (3) Local building officials may accept modifications
18 to products or their installations if sufficient evidence is
19 submitted to the local building official to demonstrate
20 compliance with the code or the intent of the code, including
21 such evidence as certifications from a Florida registered
22 architect or Florida professional engineer.
23 (4) Products demonstrating compliance shall be
24 manufactured under a quality assurance program audited by an
25 approved quality assurance entity.
26 (5) Products bearing a certification mark, label, or
27 listing by an approved certification agency require no further
28 documentation to establish compliance with the code.
29 (6) Upon review of the compliance documentation, the
30 authority having jurisdiction or a local building official
31 shall deem the product approved for use in accordance with its
46
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 approval and limitation of use.
2 (7) Approval shall be valid until such time as the
3 product changes and decreases in performance; the standards of
4 the code change, requiring increased performance; or the
5 approval is otherwise suspended or revoked. Changes to the
6 code do not void the approval of products previously installed
7 in existing buildings if such products met building code
8 requirements at the time the product was installed.
9 Section 17. This act shall take effect October 1,
10 2005.
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 Delete everything before the enacting clause
16
17 and insert:
18 A bill to be entitled
19 An act relating to building safety; amending s.
20 215.559, F.S.; requiring that a specified
21 percentage of the funds appropriated under the
22 Hurricane Loss Mitigation Program be used for
23 education concerning the Florida Building Code
24 and for the operation of the disaster
25 contractors network; requiring the Department
26 of Community Affairs to contract with a
27 nonprofit tax-exempt entity for training,
28 development, and coordination; amending s.
29 489.537, F.S.; providing that certain alarm
30 system contractors and electrical contractors
31 may not be required by a municipality or county
47
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 to obtain additional certification or meet
2 additional licensure requirements; amending s.
3 553.37, F.S.; providing requirements for exit
4 alarms; providing for the approval, delivery,
5 and installation of lawn storage buildings and
6 storage sheds; amending s. 553.73, F.S.;
7 specifying certain codes from the International
8 Code Congress and the International Code
9 Council as foundation codes for the updated
10 Florida Building Code; providing requirements
11 for amendments to the foundation codes;
12 providing for the incorporation of certain
13 statements, decisions, and amendments into the
14 Florida Building Code; providing a timeframe
15 for rule updates to the Florida Building Code
16 to become effective; adding a requirement for
17 technical amendments to the Florida Building
18 Code; providing requirements for the Florida
19 Building Commission in reviewing code
20 amendments; providing an exception;
21 incorporating by reference certain standards
22 for unvented conditioned attic assemblies;
23 amending s. 553.74, F.S.; revising the
24 appointment of members to the Florida Building
25 Commission; amending s. 553.77, F.S.; revising
26 duties of the Florida Building Commission;
27 authorizing local building departments or other
28 entities to approve changes to an approved
29 building plan; prohibiting a commission member
30 from voting or taking action on matters of a
31 personal or financial interest to the member;
48
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 deleting requirements that the commission hear
2 certain appeals and issue declaratory
3 statements; creating s. 553.775, F.S.;
4 providing legislative intent with respect to
5 the interpretation of the Florida Building
6 Code; providing for the commission to resolve
7 disputes regarding interpretations of the code;
8 requiring the commission to review decisions of
9 local building officials and local enforcement
10 agencies; providing for publication of an
11 interpretation on the Building Code Information
12 System and in the Florida Administrative
13 Weekly; authorizing the commission to adopt a
14 fee; amending s. 553.79, F.S.; exempting
15 truss-placement plans from certain
16 requirements; amending s. 553.791, F.S.;
17 clarifying a definition; expanding
18 authorization to use private providers to
19 provide building code inspection services;
20 including fee owner contractors within such
21 authorization; revising notice requirements for
22 using private providers; revising procedures
23 for issuing permits; providing requirements for
24 representatives of private providers; providing
25 for waiver of certain inspection records
26 requirements under certain circumstances;
27 requiring that issuance of stop-work orders be
28 pursuant to law; providing for establishment of
29 a registration system for private providers and
30 authorized representatives of private providers
31 for licensure compliance purposes; preserving
49
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 authority to issue emergency stop-work orders;
2 revising insurance requirements for private
3 providers; specifying conditions for proceeding
4 with building work; amending s. 553.80, F.S.;
5 authorizing local governments to impose certain
6 fees for code enforcement; providing
7 requirements and limitations; conforming a
8 cross-reference; requiring the commission to
9 expedite adoption and implementation of the
10 existing state building code as part of the
11 Florida Building Code pursuant to limited
12 procedures; exempting certain buildings of the
13 Department of Agriculture and Consumer Services
14 from local permitting requirements, review, or
15 fees; amending s. 120.80, F.S.; authorizing the
16 Florida Building Commission to conduct
17 proceedings to review decisions of local
18 officials; amending s. 553.841, F.S.; revising
19 provisions governing the Building Code Training
20 Program; creating the Building Code Education
21 and Outreach Council to coordinate, develop,
22 and ensure enforcement of the Florida Building
23 Code; providing for membership, terms of
24 office, and meetings; providing duties of the
25 council; requiring Building A Safer Florida,
26 Inc., to provide administrative support for the
27 council; requiring the council to develop a
28 core curriculum and equivalency test for
29 specified licensees; providing for the use of
30 funds by the council; repealing s. 553.8413,
31 F.S., relating to the Education Technical
50
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 Advisory Committee; amending s. 553.842, F.S.;
2 providing for products to be approved for
3 statewide use; deleting an obsolete date;
4 deleting a provision requiring the commission
5 to adopt certain criteria for local program
6 verification and validation by rule; providing
7 for validation of certain products by
8 inspection of the certification mark or
9 listing; adding an evaluation entity to the
10 list of entities specifically approved by the
11 commission; deleting a requirement that the
12 commission establish a schedule for adopting
13 rules relating to product approvals under
14 certain circumstances; creating s. 633.026,
15 F.S.; requiring that the State Fire Marshal
16 establish by rule a process for rendering
17 nonbinding interpretations of the Florida Fire
18 Prevention Code; authorizing the State Fire
19 Marshal to enter into contracts and refer
20 interpretations to a nonprofit organization;
21 providing for the interpretations to be
22 advisory; providing for funding the program
23 from the Insurance Regulatory Trust Fund;
24 providing requirements for local product
25 approval of products or systems of
26 construction; specifying methods for
27 demonstrating compliance with the structural
28 windload requirements of the Florida Building
29 Code; providing for certification to be issued
30 by a professional engineer or registered
31 architect; providing for audits under a quality
51
8:24 AM 02/21/05 s0442d-ca21-t02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 443026
1 assurance program and other types of
2 certification; providing that changes to the
3 Florida Building Code do not void the approval
4 of previously installed products; providing an
5 effective date.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
52
8:24 AM 02/21/05 s0442d-ca21-t02