Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 442
                        Barcode 443026
                            CHAMBER ACTION
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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
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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