Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 442
                        Barcode 934372
                            CHAMBER ACTION
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11  The Committee on Regulated Industries (Geller) 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. CS for SB 442 Barcode 934372 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 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 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 (i) of subsection (1) of section 13 468.621, Florida Statutes, is amended, and paragraph (j) is 14 added to that subsection, to read: 15 468.621 Disciplinary proceedings.-- 16 (1) The following acts constitute grounds for which 17 the disciplinary actions in subsection (2) may be taken: 18 (i) Failing to lawfully execute the duties and 19 responsibilities specified in this part and ss. 553.73, 20 553.781, and 553.79, and 553.791. 21 (j) Imposing construction requirements that vary from 22 those established in the Florida Building Code, lawful 23 amendments to the Florida Building Code, or binding 24 interpretations of the Florida Building Code. 25 Section 3. Paragraph (a) of subsection (3) of section 26 489.537, Florida Statutes, is amended to read: 27 489.537 Application of this part.-- 28 (3) Nothing in this act limits the power of a 29 municipality or county: 30 (a) To regulate the quality and character of work 31 performed by contractors through a system of permits, fees, 3 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 and inspections which is designed to secure compliance with, 2 and aid in the implementation of, state and local building 3 laws or to enforce other local laws for the protection of the 4 public health and safety. However, a certified alarm system 5 contractor or certified electrical contractor is not subject 6 to any additional certification or licensure requirements that 7 are not required by this part. 8 Section 4. Subsection (3) of section 553.37, Florida 9 Statutes, is amended to read: 10 553.37 Rules; inspections; and insignia.-- 11 (3) All manufactured buildings issued and bearing 12 insignia of approval pursuant to subsection (2) shall be 13 deemed to comply with the Florida Building Code and are exempt 14 from local amendments enacted by any local government. Lawn 15 storage buildings and storage sheds bearing the insignia of 16 approval of the department are not subject to s. 553.842 and 17 may be delivered and installed without need of a contractor's 18 license or specialty license. 19 Section 5. Subsection (2), paragraph (c) of subsection 20 (4), subsection (6), and paragraphs (a) and (c) of subsection 21 (7) of section 553.73, Florida Statutes, are amended, and 22 subsection (12) is added to that section, to read: 23 553.73 Florida Building Code.-- 24 (2) The Florida Building Code shall contain provisions 25 or requirements for public and private buildings, structures, 26 and facilities relative to structural, mechanical, electrical, 27 plumbing, energy, and gas systems, existing buildings, 28 historical buildings, manufactured buildings, elevators, 29 coastal construction, lodging facilities, food sales and food 30 service facilities, health care facilities, including assisted 31 living facilities, adult day care facilities, and facilities 4 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 for the control of radiation hazards, public or private 2 educational facilities, swimming pools, and correctional 3 facilities and enforcement of and compliance with such 4 provisions or requirements. Further, the Florida Building Code 5 must provide for uniform implementation of ss. 515.25, 515.27, 6 and 515.29 by including standards and criteria for residential 7 swimming pool barriers, pool covers, latching devices, door 8 and window exit alarms, and other equipment required therein, 9 which are consistent with the intent of s. 515.23. With 10 respect to the exit alarm provision from all doors and windows 11 providing direct access from the home to the pool, as 12 specified in ss. 515.25(4) and 515.27(1), such an alarm must 13 be of the battery-powered, hard-wired, or plug-in type. 14 Technical provisions to be contained within the Florida 15 Building Code are restricted to requirements related to the 16 types of materials used and construction methods and standards 17 employed in order to meet criteria specified in the Florida 18 Building Code. Provisions relating to the personnel, 19 supervision or training of personnel, or any other 20 professional qualification requirements relating to 21 contractors or their workforce may not be included within the 22 Florida Building Code, and subsections (4), (5), (6), and (7) 23 are not to be construed to allow the inclusion of such 24 provisions within the Florida Building Code by amendment. This 25 restriction applies to both initial development and amendment 26 of the Florida Building Code. 27 (4) 28 (c) Any amendment adopted by a local enforcing agency 29 pursuant to this subsection shall not apply to state or school 30 district owned buildings, manufactured buildings or 31 factory-built school buildings approved by the commission, or 5 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 prototype buildings approved pursuant to s. 553.77(3)(5). The 2 respective responsible entities shall consider the physical 3 performance parameters substantiating such amendments when 4 designing, specifying, and constructing such exempt buildings. 5 (6)(a) The commission, by rule adopted pursuant to ss. 6 120.536(1) and 120.54, shall update the Florida Building Code 7 every 3 years. When updating the Florida Building Code, the 8 commission shall select the most current version of the 9 International Building Code, the International Fuel Gas Code, 10 the International Mechanical Code, the International Plumbing 11 Code, the International Residential Code, and the National 12 Electrical Code, all of which are adopted by the International 13 Code Council, to form the foundation codes of the updated 14 Florida Building Code, if the version has been adopted by the 15 International Code Council and made available to the public at 16 least 6 months prior to its selection by the commission. 17 (b) Codes regarding noise contour lines shall be 18 reviewed annually, and the most current federal guidelines 19 shall be adopted. 20 (c) The commission may modify any portion of the 21 foundation codes only as needed to accommodate the specific 22 needs of this state. Standards or criteria referenced by such 23 codes shall be incorporated by reference. If a referenced 24 standard or criterion requires amplification or modification 25 to be appropriate for use in this state, only the 26 amplification or modification shall be set forth in the 27 Florida Building Code. The commission may approve technical 28 amendments to the updated Florida Building Code after the 29 amendments have been subject to the conditions set forth in 30 paragraphs (3)(a)-(d). Amendments to the foundation codes 31 which are adopted in accordance with this subsection shall be 6 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 clearly marked in printed versions of the Florida Building 2 Code so that the fact that the provisions are Florida-specific 3 amendments to the foundation codes is readily apparent. 4 consider changes made by the adopting entity of any selected 5 model code for any model code incorporated into the Florida 6 Building Code, and may subsequently adopt the new edition or 7 successor of the model code or any part of such code, no 8 sooner than 6 months after such model code has been adopted by 9 the adopting organization, which may then be modified for this 10 state as provided in this section, and 11 (d) The commission shall further consider the 12 commission's own interpretations, declaratory statements, 13 appellate decisions, and approved statewide and local 14 technical amendments and shall incorporate such 15 interpretations, statements, decisions, and amendments into 16 the updated Florida Building Code only to the extent that they 17 are needed to modify the foundation codes to accommodate the 18 specific needs of the state. A change made by an institute or 19 standards organization to any standard or criterion that is 20 adopted by reference in the Florida Building Code does not 21 become effective statewide until it has been adopted by the 22 commission. Furthermore, the edition of the Florida Building 23 Code which is in effect on the date of application for any 24 permit authorized by the code governs the permitted work for 25 the life of the permit and any extension granted to the 26 permit. 27 (e) A rule updating the Florida Building Code in 28 accordance with this subsection shall take effect no sooner 29 than 6 months after publication of the updated code. Any 30 amendment to the Florida Building Code which is adopted upon a 31 finding by the commission that the amendment is necessary to 7 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 protect the public from immediate threat of harm takes effect 2 immediately. 3 (7)(a) The commission may approve technical amendments 4 to the Florida Building Code once each year for statewide or 5 regional application upon a finding that the amendment: 6 1. Is needed in order to accommodate the specific 7 needs of this state. 8 2.1. Has a reasonable and substantial connection with 9 the health, safety, and welfare of the general public. 10 3.2. Strengthens or improves the Florida Building 11 Code, or in the case of innovation or new technology, will 12 provide equivalent or better products or methods or systems of 13 construction. 14 4.3. Does not discriminate against materials, 15 products, methods, or systems of construction of demonstrated 16 capabilities. 17 5.4. Does not degrade the effectiveness of the Florida 18 Building Code. 19 20 Furthermore, the Florida Building Commission may approve 21 technical amendments to the code once each year to incorporate 22 into the Florida Building Code its own interpretations of the 23 code which are embodied in its opinions, final orders, and 24 declaratory statements, and interpretations of hearing officer 25 panels under s. 553.775(3)(c), but shall do so only to the 26 extent that incorporation of interpretations is needed to 27 modify the foundation codes to accommodate the specific needs 28 of this state. Amendments approved under this paragraph shall 29 be adopted by rule pursuant to ss. 120.536(1) and 120.54, 30 after the amendments have been subjected to the provisions of 31 subsection (3). 8 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (c) The commission may not approve any proposed 2 amendment that does not accurately and completely address all 3 requirements for amendment which are set forth in this 4 section. The commission shall require all proposed amendments 5 and information submitted with proposed amendments to be 6 reviewed by commission staff prior to consideration by any 7 technical advisory committee. These reviews shall be for 8 sufficiency only and are not intended to be qualitative in 9 nature. Staff members shall reject any proposed amendment that 10 fails to include a fiscal impact statement providing 11 information responsive to all criteria identified. Proposed 12 amendments rejected by members of the staff may not be 13 considered by the commission or any technical advisory 14 committee. 15 (12) Notwithstanding any other provision of this 16 section, the permitted standards and conditions for unvented 17 conditioned attic assemblies in the International Residential 18 Code are incorporated by reference as an authorized 19 alternative in the Florida Building Code. The commission shall 20 incorporate such permitted standards and conditions in the 21 Florida Building Code by rule as provided in this section. 22 However, the effectiveness of such permitted standards and 23 conditions shall not be delayed in adopting pending rules. 24 This subsection is repealed upon the adoption of such 25 permitted standards and conditions by rule as an authorized 26 alternative in the Florida Building Code. 27 (13) For type "S" buildings, as defined in the Florida 28 Building Code, all space under mezzanines, both enclosed and 29 not enclosed, shall be included in the determination of the 30 size of the room or space in which the mezzanine is located. A 31 mezzanine may not exceed one-third of the room or space in 9 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 which it is located. The fee owner or the fee owner's 2 architect may elect, but may not be required by rule or 3 action, to have mezzanines that are less than one-third of the 4 room or space in which they are located. The requirements of 5 this subsection apply retroactively to January 1, 2001. 6 (14) Travel distance from all floor areas, including 7 the most remote point of the mezzanine shall comply with Table 8 1004 of the Florida Building Code, chapter 10, s. 1005, Table 9 1004. A single unenclosed stair is permitted for mezzanines if 10 the criteria of the Florida Building Code, chapter 10, s. 11 1005.7.1 and Table 1005.7 travel distance is not exceed from 12 the most remote point of the mezzanine to a point where there 13 is a choice of more than one means of egress and the limits of 14 Table 1004 are met. The requirements of this subsection shall 15 take effect upon this act becoming law. 16 Section 6. Section 553.77, Florida Statutes, is 17 amended to read: 18 553.77 Specific powers of the commission.-- 19 (1) The commission shall: 20 (a) Adopt and update the Florida Building Code or 21 amendments thereto, pursuant to ss. 120.536(1) and 120.54. 22 (b) Make a continual study of the operation of the 23 Florida Building Code and other laws relating to the design, 24 construction, erection, alteration, modification, repair, or 25 demolition of public or private buildings, structures, and 26 facilities, including manufactured buildings, and code 27 enforcement, to ascertain their effect upon the cost of 28 building construction and determine the effectiveness of their 29 provisions. Upon updating the Florida Building Code every 3 30 years, the commission shall review existing provisions of law 31 and make recommendations to the Legislature for the next 10 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 regular session of the Legislature regarding provisions of law 2 that should be revised or repealed to ensure consistency with 3 the Florida Building Code at the point the update goes into 4 effect. State agencies and local jurisdictions shall provide 5 such information as requested by the commission for evaluation 6 of and recommendations for improving the effectiveness of the 7 system of building code laws for reporting to the Legislature 8 annually. Failure to comply with this or other requirements of 9 this act must be reported to the Legislature for further 10 action. Any proposed legislation providing for the revision or 11 repeal of existing laws and rules relating to technical 12 requirements applicable to building structures or facilities 13 should expressly state that such legislation is not intended 14 to imply any repeal or sunset of existing general or special 15 laws governing any special district that are not specifically 16 identified in the legislation. 17 (c) Upon written application by any substantially 18 affected person or a local enforcement agency, issue 19 declaratory statements pursuant to s. 120.565 relating to new 20 technologies, techniques, and materials which have been tested 21 where necessary and found to meet the objectives of the 22 Florida Building Code. This paragraph does not apply to the 23 types of products, materials, devices, or methods of 24 construction required to be approved under paragraph (f) (i). 25 (d) Upon written application by any substantially 26 affected person, state agency, or a local enforcement agency, 27 issue declaratory statements pursuant to s. 120.565 relating 28 to the enforcement or administration by local governments of 29 the Florida Building Code. Paragraph (h) provides the 30 exclusive remedy for addressing local interpretations of the 31 code. 11 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (e) When requested in writing by any substantially 2 affected person, state agency, or a local enforcing agency, 3 shall issue declaratory statements pursuant to s. 120.565 4 relating to this part and ss. 515.25, 515.27, 515.29, and 5 515.37. Actions of the commission are subject to judicial 6 review pursuant to s. 120.68. 7 (d)(f) Make recommendations to, and provide assistance 8 upon the request of, the Florida Commission on Human Relations 9 regarding rules relating to accessibility for persons with 10 disabilities. 11 (e)(g) Participate with the Florida Fire Code Advisory 12 Council created under s. 633.72, to provide assistance and 13 recommendations relating to firesafety code interpretations. 14 The administrative staff of the commission shall attend 15 meetings of the Florida Fire Code Advisory Council and 16 coordinate efforts to provide consistency between the Florida 17 Building Code and the Florida Fire Prevention Code and the 18 Life Safety Code. 19 (h) Hear appeals of the decisions of local boards of 20 appeal regarding interpretation decisions of local building 21 officials, or if no local board exists, hear appeals of 22 decisions of the building officials regarding interpretations 23 of the code. For such appeals: 24 1. Local decisions declaring structures to be unsafe 25 and subject to repair or demolition shall not be appealable to 26 the commission if the local governing body finds there is an 27 immediate danger to the health and safety of its citizens. 28 2. All appeals shall be heard in the county of the 29 jurisdiction defending the appeal. 30 3. Hearings shall be conducted pursuant to chapter 120 31 and the uniform rules of procedure, and decisions of the 12 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 commission are subject to judicial review pursuant to s. 2 120.68. 3 (f)(i) Determine the types of products which may be 4 approved by the commission requiring approval for local or 5 statewide use and shall provide for the evaluation and 6 approval of such products, materials, devices, and method of 7 construction for statewide use. The commission may prescribe 8 by rule a schedule of reasonable fees to provide for 9 evaluation and approval of products, materials, devices, and 10 methods of construction. Evaluation and approval shall be by 11 action of the commission or delegated pursuant to s. 553.842. 12 This paragraph does not apply to products approved by the 13 State Fire Marshal. 14 (g)(j) Appoint experts, consultants, technical 15 advisers, and advisory committees for assistance and 16 recommendations relating to the major areas addressed in the 17 Florida Building Code. 18 (h)(k) Establish and maintain a mutual aid program, 19 organized through the department, to provide an efficient 20 supply of various levels of code enforcement personnel, design 21 professionals, commercial property owners, and construction 22 industry individuals, to assist in the rebuilding effort in an 23 area which has been hit with disaster. The program shall 24 include provisions for: 25 1. Minimum postdisaster structural, electrical, and 26 plumbing inspections and procedures. 27 2. Emergency permitting and inspection procedures. 28 3. Establishing contact with emergency management 29 personnel and other state and federal agencies. 30 (i)(l) Maintain a list of interested parties for 31 noticing rulemaking workshops and hearings, disseminating 13 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 information on code adoption, revisions, amendments, and all 2 other such actions which are the responsibility of the 3 commission. 4 (j)(m) Coordinate with the state and local 5 governments, industry, and other affected stakeholders in the 6 examination of legislative provisions and make recommendations 7 to fulfill the responsibility to develop a consistent, single 8 code. 9 (k)(n) Provide technical assistance to local building 10 departments in order to implement policies, procedures, and 11 practices which would produce the most cost-effective property 12 insurance ratings. 13 (l)(o) Develop recommendations for local governments 14 to use when pursuing partial or full privatization of building 15 department functions. The recommendations shall include, but 16 not be limited to, provisions relating to equivalency of 17 service, conflict of interest, requirements for competency, 18 liability, insurance, and long-term accountability. 19 (2) Upon written application by any substantially 20 affected person, the commission shall issue a declaratory 21 statement pursuant to s. 120.565 relating to a state agency's 22 interpretation and enforcement of the specific provisions of 23 the Florida Building Code the agency is authorized to enforce. 24 The provisions of this subsection shall not be construed to 25 provide any powers, other than advisory, to the commission 26 with respect to any decision of the State Fire Marshal made 27 pursuant to the provisions of chapter 633. 28 (3) The commission may designate a commission member 29 with demonstrated expertise in interpreting building plans to 30 attend each meeting of the advisory council created in s. 31 553.512. The commission member may vary from meeting to 14 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 meeting, shall serve on the council in a nonvoting capacity, 2 and shall receive per diem and expenses as provided in s. 3 553.74(3). 4 (2)(4) For educational and public information 5 purposes, the commission shall develop and publish an 6 informational and explanatory document which contains 7 descriptions of the roles and responsibilities of the licensed 8 design professional, residential designer, contractor, and 9 local building and fire code officials. The State Fire Marshal 10 shall be responsible for developing and specifying roles and 11 responsibilities for fire code officials. Such document may 12 also contain descriptions of roles and responsibilities of 13 other participants involved in the building codes system. 14 (3)(5) The commission may provide by rule for plans 15 review and approval of prototype buildings owned by public and 16 private entities to be replicated throughout the state. The 17 rule must allow for review and approval of plans and changes 18 to approved plans for prototype buildings to be performed by a 19 public or private entity with oversight by the commission. The 20 department may charge reasonable fees to cover the 21 administrative costs of the program. Such approved plans or 22 prototype buildings shall be exempt from further review 23 required by s. 553.79(2), except changes to the prototype 24 design, site plans, and other site-related items. Changes to 25 an approved plan may be approved by the local building 26 department or by the public or private entity that approved 27 the plan. As provided in s. 553.73, prototype buildings are 28 exempt from any locally adopted amendment to any part of the 29 Florida Building Code. Construction or erection of such 30 prototype buildings is subject to local permitting and 31 inspections pursuant to this part. 15 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (4)(6) The commission may produce and distribute a 2 commentary document to accompany the Florida Building Code. 3 The commentary must be limited in effect to providing 4 technical assistance and must not have the effect of binding 5 interpretations of the code document itself. 6 (5) If a member of the commission has a present or 7 potential personal or financial interest in the outcome of a 8 vote or other action of the commission, the member shall 9 abstain from voting or taking action on the matter. 10 (7) The commission shall by rule establish an informal 11 process of rendering nonbinding interpretations of the Florida 12 Building Code. The commission is specifically authorized to 13 refer interpretive issues to organizations that represent 14 those engaged in the construction industry. The commission is 15 directed to immediately implement the process prior to the 16 completion of formal rulemaking. It is the intent of the 17 Legislature that the commission create a process to refer 18 questions to a small, rotating group of individuals licensed 19 under part XII of chapter 468, to which a party can pose 20 questions regarding the interpretation of code provisions. It 21 is the intent of the Legislature that the process provide for 22 the expeditious resolution of the issues presented and 23 publication of the resulting interpretation on the Building 24 Code Information System. Such interpretations are to be 25 advisory only and nonbinding on the parties or the commission. 26 Section 7. Section 553.775, Florida Statutes, is 27 created to read: 28 553.775 Interpretations.-- 29 (1) It is the intent of the Legislature that the 30 Florida Building Code be interpreted by building officials, 31 local enforcement agencies, and the commission in a manner 16 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 that protects the public safety, health, and welfare at the 2 most reasonable cost to the consumer by ensuring uniform 3 interpretations throughout the state and by providing 4 processes for resolving disputes regarding interpretations of 5 the Florida Building Code which are just and expeditious. 6 (2) Local enforcement agencies, local building 7 officials, state agencies, and the commission shall interpret 8 provisions of the Florida Building Code in a manner that is 9 consistent with declaratory statements and interpretations 10 entered by the commission, except that conflicts between the 11 Florida Fire Prevention Code and the Florida Building Code 12 shall be resolved in accordance with s. 553.73(9)(c) and (d). 13 (3) The following procedures may be invoked regarding 14 interpretations of the Florida Building Code: 15 (a) Upon written application by any substantially 16 affected person or state agency or by a local enforcement 17 agency, the commission shall issue declaratory statements 18 pursuant to s. 120.565 relating to the enforcement or 19 administration by local governments of the Florida Building 20 Code. 21 (b) When requested in writing by any substantially 22 affected person or state agency or by a local enforcement 23 agency, the commission shall issue a declaratory statement 24 pursuant to s. 120.565 relating to this part and ss. 515.25, 25 515.27, 515.29, and 515.37. Actions of the commission are 26 subject to judicial review under s. 120.68. 27 (c) The commission shall review decisions of local 28 building officials and local enforcement agencies regarding 29 interpretations of the Florida Building Code after the local 30 board of appeals has considered the decision, if such board 31 exists, and if such appeals process is concluded within 10 17 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 business days. 2 1. The commission shall coordinate with the Building 3 Officials Association of Florida, Inc., to designate panels 4 composed of five members to hear requests to review decisions 5 of local building officials. The members must be licensed as 6 building code administrators under part XII of chapter 468 and 7 must have experience interpreting and enforcing provisions of 8 the Florida Building Code. 9 2. Requests to review a decision of a local building 10 official interpreting provisions of the Florida Building Code 11 may be initiated by any substantially affected person, 12 including an owner or builder subject to a decision of a local 13 building official or an association of owners or builders 14 having members who are subject to a decision of a local 15 building official. In order to initiate review, the 16 substantially affected person must file a petition with the 17 commission. The commission shall adopt a form for the 18 petition, which shall be published on the Building Code 19 Information System. The form shall, at a minimum, require the 20 following: 21 a. The name and address of the county or municipality 22 in which provisions of the Florida Building Code are being 23 interpreted. 24 b. The name and address of the local building official 25 who has made the interpretation being appealed. 26 c. The name, address, and telephone number of the 27 petitioner; the name, address, and telephone number of the 28 petitioner's representative, if any; and an explanation of how 29 the petitioner's substantial interests are being affected by 30 the local interpretation of the Florida Building Code. 31 d. A statement of the provisions of the Florida 18 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 Building Code which are being interpreted by the local 2 building official. 3 e. A statement of the interpretation given to 4 provisions of the Florida Building Code by the local building 5 official and the manner in which the interpretation was 6 rendered. 7 f. A statement of the interpretation that the 8 petitioner contends should be given to the provisions of the 9 Florida Building Code and a statement supporting the 10 petitioner's interpretation. 11 g. Space for the local building official to respond in 12 writing. The space shall, at a minimum, require the local 13 building official to respond by providing a statement 14 admitting or denying the statements contained in the petition 15 and a statement of the interpretation of the provisions of the 16 Florida Building Code which the local jurisdiction or the 17 local building official contends is correct, including the 18 basis for the interpretation. 19 3. The petitioner shall submit the petition to the 20 local building official, who shall place the date of receipt 21 on the petition. The local building official shall respond to 22 the petition in accordance with the form and shall return the 23 petition along with his or her response to the petitioner 24 within 5 days after receipt, exclusive of Saturdays, Sundays, 25 and legal holidays. The petitioner may file the petition with 26 the commission at any time after the local building official 27 provides a response. If no response is provided by the local 28 building official, the petitioner may file the petition with 29 the commission 10 days after submission of the petition to the 30 local building official and shall note that the local building 31 official did not respond. 19 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 4. Upon receipt of a petition that meets the 2 requirements of subparagraph 2., the commission shall 3 immediately provide copies of the petition to a panel, and the 4 commission shall publish the petition, including any response 5 submitted by the local building official, on the Building Code 6 Information System in a manner that allows interested persons 7 to address the issues by posting comments. 8 5. The panel shall conduct proceedings as necessary to 9 resolve the issues; shall give due regard to the petitions, 10 the response, and to comments posed on the Building Code 11 Information System; and shall issue an interpretation 12 regarding the provisions of the Florida Building Code within 13 21 days after the filing of the petition. The panel shall 14 render a determination based upon the Florida Building Code 15 or, if the code is ambiguous, the intent of the code. The 16 panel's interpretation shall be provided to the commission, 17 which shall publish the interpretation on the Building Code 18 Information System and in the Florida Administrative Weekly. 19 The interpretation shall be considered an interpretation 20 entered by the commission, and shall be binding upon the 21 parties and upon all jurisdictions subject to the Florida 22 Building Code, unless it is superseded by a declaratory 23 statement issued by the Florida Building Commission or by a 24 final order entered after an appeal proceeding conducted in 25 accordance with subparagraph 7. 26 6. It is the intent of the Legislature that review 27 proceedings be completed within 21 days after the date that a 28 petition seeking review is filed with the commission, and the 29 time periods set forth in this paragraph may be waived only 30 upon consent of all parties. 31 7. Any substantially affected person may appeal an 20 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 interpretation rendered by a hearing officer panel by filing a 2 petition with the commission. Such appeals shall be initiated 3 in accordance with chapter 120 and the uniform rules of 4 procedure and must be filed within 30 days after publication 5 of the interpretation on the Building Code Information System 6 or in the Florida Administrative Weekly. Hearings shall be 7 conducted pursuant to chapter 120 and the uniform rules of 8 procedure. Decisions of the commission are subject to judicial 9 review pursuant to s. 120.68. The final order of the 10 commission is binding upon the parties and upon all 11 jurisdictions subject to the Florida Building Code. 12 8. The burden of proof in any proceeding initiated in 13 accordance with subparagraph 7. is on the party who initiated 14 the appeal. 15 9. In any review proceeding initiated in accordance 16 with this paragraph, including any proceeding initiated in 17 accordance with subparagraph 7., the fact that an owner or 18 builder has proceeded with construction may not be grounds for 19 determining an issue to be moot if the issue is one that is 20 likely to arise in the future. 21 22 This paragraph provides the exclusive remedy for addressing 23 requests to review local interpretations of the code and 24 appeals from review proceedings. 25 (d) Local decisions declaring structures to be unsafe 26 and subject to repair or demolition are not subject to review 27 under this subsection and may not be appealed to the 28 commission if the local governing body finds that there is an 29 immediate danger to the health and safety of the public. 30 (e) Upon written application by any substantially 31 affected person, the commission shall issue a declaratory 21 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 statement pursuant to s. 120.565 relating to an agency's 2 interpretation and enforcement of the specific provisions of 3 the Florida Building Code which the agency is authorized to 4 enforce. This subsection does not provide any powers, other 5 than advisory, to the commission with respect to any decision 6 of the State Fire Marshal made pursuant to chapter 633. 7 (f) The commission may designate a commission member 8 who has demonstrated expertise in interpreting building plans 9 to attend each meeting of the advisory council created in s. 10 553.512. The commission member may vary from meeting to 11 meeting, shall serve on the council in a nonvoting capacity, 12 and shall receive per diem and expenses as provided in s. 13 553.74(3). 14 (g) 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 19 shall immediately implement the process before completing 20 formal rulemaking. It is the intent of the Legislature that 21 the commission create a process to refer questions to a small, 22 rotating group of individuals licensed under part XII of 23 chapter 468, to which a party may pose questions regarding the 24 interpretation of code provisions. It is the intent of the 25 Legislature that the process provide for the expeditious 26 resolution of the issues presented and publication of the 27 resulting interpretation on the Building Code Information 28 System. Such interpretations shall be advisory only and 29 nonbinding on the parties and the commission. 30 (4) In order to administer this section, the 31 commission may adopt by rule and impose a fee that may not 22 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 exceed $50 for each request for a review or interpretation. 2 Section 8. Subsection (14) of section 553.79, Florida 3 Statutes, is amended to read: 4 553.79 Permits; applications; issuance; inspections.-- 5 (14) Certifications by contractors authorized under 6 the provisions of s. 489.115(4)(b) shall be considered 7 equivalent to sealed plans and specifications by a person 8 licensed under chapter 471 or chapter 481 by local enforcement 9 agencies for plans review for permitting purposes relating to 10 compliance with the wind resistance provisions of the code or 11 alternate methodologies approved by the commission for one and 12 two family dwellings. Local enforcement agencies may rely upon 13 such certification by contractors that the plans and 14 specifications submitted conform to the requirements of the 15 code for wind resistance. Upon good cause shown, local 16 government code enforcement agencies may accept or reject 17 plans sealed by persons licensed under chapter 471, chapter 18 481, or chapter 489. A truss-placement plan is not required to 19 be signed and sealed by an engineer or architect unless 20 prepared by an engineer or architect or specifically required 21 by the Florida Building Code. 22 Section 9. Paragraph (f) of subsection (1), 23 subsections (2) and (4), paragraph (a) of subsection (6), and 24 subsections (7), (9), (11), (12), (14), (15), and (17) of 25 section 553.791, Florida Statutes, are amended to read: 26 553.791 Alternative plans review and inspection.-- 27 (1) As used in this section, the term: 28 (f) "Permit application" means a properly completed 29 and submitted application for: 30 1. the requested building or construction permit, 31 including:. 23 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 1.2. The plans reviewed by the private provider. 2 2.3. The affidavit from the private provider required 3 pursuant to subsection (5). 4 3.4. Any applicable fees. 5 4.5. Any documents required by the local building 6 official to determine that the fee owner has secured all other 7 government approvals required by law. 8 (2) Notwithstanding any other provision of law or 9 local government ordinance or local policy, the fee owner of a 10 building or structure, or the fee owner's contractor upon 11 written authorization from the fee owner, may choose to use a 12 private provider to provide building code inspection services 13 with regard to such building or structure and may make payment 14 directly to the private provider for the provision of such 15 services. All such services shall be the subject of a written 16 contract between the private provider, or the private 17 provider's firm, and the fee owner. The fee owner may elect to 18 use a private provider to provide either plans review or 19 required building inspections, or both. The local building 20 official, in his or her discretion and pursuant to duly 21 adopted policies of the local enforcement agency, may require 22 the fee owner who desires to use a private provider to use the 23 private provider to provide both plans review and required 24 building inspection services. 25 (4) A fee owner or the fee owner's contractor using a 26 private provider to provide building code inspection services 27 shall notify the local building official at the time of permit 28 application, or no less than 7 business days prior to the 29 first scheduled inspection by the local building official or 30 building code enforcement agency for a private provider 31 performing required inspections of construction under this 24 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 section, on a form to be adopted by the commission. This 2 notice shall include the following information: 3 (a) The services to be performed by the private 4 provider. 5 (b) The name, firm, address, telephone number, and 6 facsimile number of each private provider who is performing or 7 will perform such services, his or her professional license or 8 certification number, qualification statements or resumes, 9 and, if required by the local building official, a certificate 10 of insurance demonstrating that professional liability 11 insurance coverage is in place for the private provider's 12 firm, the private provider, and any duly authorized 13 representative in the amounts required by this section. 14 (c) An acknowledgment from the fee owner in 15 substantially the following form: 16 17 I have elected to use one or more private providers to provide 18 building code plans review and/or inspection services on the 19 building or structure that is the subject of the enclosed 20 permit application, as authorized by s. 553.791, Florida 21 Statutes. I understand that the local building official may 22 not review the plans submitted or perform the required 23 building inspections to determine compliance with the 24 applicable codes, except to the extent specified in said law. 25 Instead, plans review and/or required building inspections 26 will be performed by licensed or certified personnel 27 identified in the application. The law requires minimum 28 insurance requirements for such personnel, but I understand 29 that I may require more insurance to protect my interests. By 30 executing this form, I acknowledge that I have made inquiry 31 regarding the competence of the licensed or certified 25 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 personnel and the level of their insurance and am satisfied 2 that my interests are adequately protected. I agree to 3 indemnify, defend, and hold harmless the local government, the 4 local building official, and their building code enforcement 5 personnel from any and all claims arising from my use of these 6 licensed or certified personnel to perform building code 7 inspection services with respect to the building that is the 8 subject of the enclosed permit application. 9 10 If the fee owner or the fee owner's contractor makes any 11 changes to the listed private providers or the services to be 12 provided by those private providers, the fee owner or the fee 13 owner's contractor shall, within 1 business day after any 14 change, update the notice to reflect such changes. In 15 addition, the fee owner or the fee owner's contractor shall 16 post at the project site, prior to the commencement of 17 construction and updated within 1 business day after any 18 change, on a form to be adopted by the commission, the name, 19 firm, address, telephone number, and facsimile number of each 20 private provider who is performing or will perform building 21 code inspection services, the type of service being performed, 22 and similar information for the primary contact of the private 23 provider on the project. 24 (6)(a) No more than Within 30 business days after 25 receipt of a permit application and the affidavit from the 26 private provider required pursuant to subsection (5), the 27 local building official shall issue the requested permit or 28 provide a written notice to the permit applicant identifying 29 the specific plan features that do not comply with the 30 applicable codes, as well as the specific code chapters and 31 sections. If the local building official does not provide a 26 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 written notice of the plan deficiencies within the prescribed 2 30-day period, the permit application shall be deemed approved 3 as a matter of law, and the permit shall be issued by the 4 local building official on the next business day. 5 (7) A private provider performing required inspections 6 under this section shall inspect each phase of construction as 7 required by the applicable codes. The private provider shall 8 be permitted to send a duly authorized representative to the 9 building site to perform the required inspections, provided 10 all required reports and certifications are prepared by and 11 bear the signature of the private provider. The duly 12 authorized representative must be an employee of the private 13 provider entitled to receive unemployment compensation 14 benefits under chapter 443. The contractor's contractual or 15 legal obligations are not relieved by any action of the 16 private provider. 17 (9) Upon completing the required inspections at each 18 applicable phase of construction, the private provider shall 19 record such inspections on a form acceptable to the local 20 building official. These inspection records shall reflect 21 those inspections required by the applicable codes of each 22 phase of construction for which permitting by a local 23 enforcement agency is required. The private provider, before 24 leaving the project site, shall post each completed inspection 25 record, indicating pass or fail, at the site and provide the 26 record to the local building official within 2 business days. 27 The local building official may waive the requirement to 28 provide a record of each inspection within 2 business days if 29 the record is posted at the project site and all such 30 inspection records are submitted with the certificate of 31 compliance. Records of all required and completed inspections 27 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 shall be maintained at the building site at all times and made 2 available for review by the local building official. The 3 private provider shall report to the local enforcement agency 4 any condition that poses an immediate threat to public safety 5 and welfare. 6 (11) No more than Within 2 business days after receipt 7 of a request for a certificate of occupancy or certificate of 8 completion and the applicant's presentation of a certificate 9 of compliance and approval of all other government approvals 10 required by law, the local building official shall issue the 11 certificate of occupancy or certificate of completion or 12 provide a notice to the applicant identifying the specific 13 deficiencies, as well as the specific code chapters and 14 sections. If the local building official does not provide 15 notice of the deficiencies within the prescribed 2-day period, 16 the request for a certificate of occupancy or certificate of 17 completion shall be deemed granted and the certificate of 18 occupancy or certificate of completion shall be issued by the 19 local building official on the next business day. To resolve 20 any identified deficiencies, the applicant may elect to 21 dispute the deficiencies pursuant to subsection (12) or to 22 submit a corrected request for a certificate of occupancy or 23 certificate of completion. 24 (12) If the local building official determines that 25 the building construction or plans do not comply with the 26 applicable codes, the official may deny the permit or request 27 for a certificate of occupancy or certificate of completion, 28 as appropriate, or may issue a stop-work order for the project 29 or any portion thereof as provided by law, if the official 30 determines that such noncompliance poses a threat to public 31 safety and welfare, subject to the following: 28 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (a) The local building official shall be available to 2 meet with the private provider within 2 business days to 3 resolve any dispute after issuing a stop-work order or 4 providing notice to the applicant denying a permit or request 5 for a certificate of occupancy or certificate of completion. 6 (b) If the local building official and private 7 provider are unable to resolve the dispute, the matter shall 8 be referred to the local enforcement agency's board of 9 appeals, if one exists, which shall consider the matter at its 10 next scheduled meeting or sooner. Any decisions by the local 11 enforcement agency's board of appeals, or local building 12 official if there is no board of appeals, may be appealed to 13 the commission as provided by this chapter pursuant to s. 14 553.77(1)(h). 15 (c) Notwithstanding any provision of this section, any 16 decisions regarding the issuance of a building permit, 17 certificate of occupancy, or certificate of completion may be 18 reviewed by the local enforcement agency's board of appeals, 19 if one exists. Any decision by the local enforcement agency's 20 board of appeals, or local building official if there is no 21 board of appeals, may be appealed to the commission as 22 provided by this chapter pursuant to s. 553.77(1)(h), and the 23 commission which shall consider the matter at its the 24 commission's next scheduled meeting. 25 (14)(a) No local enforcement agency, local building 26 official, or local government may adopt or enforce any laws, 27 rules, procedures, policies, qualifications, or standards more 28 stringent than those prescribed by this section. 29 (b) A local enforcement agency, local building 30 official, or local government may establish, for private 31 providers and duly authorized representatives working within 29 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 that jurisdiction, a system of registration to verify 2 compliance with the licensure requirements of paragraph (1)(g) 3 and the insurance requirements of subsection (15). 4 (c) This section does not limit the authority of the 5 local building official to issue a stop-work order for a 6 building project or any portion of such project, as provided 7 by law, if the official determines that a condition on the 8 building site constitutes an immediate threat to public safety 9 and welfare. 10 (15) A private provider may perform building code 11 inspection services on a building project under this section 12 only if the private provider maintains insurance for 13 professional and comprehensive general liability covering with 14 minimum policy limits of $1 million per occurrence relating to 15 all services performed as a private provider. Such insurance 16 shall have minimum policy limits of $1 million per occurrence 17 and $2 million in the aggregate for any project having a 18 construction cost of $5 million or less, $2 million per 19 occurrence and $4 million in the aggregate for any project 20 having a construction cost of over $5 million but less than 21 $50 million, and $5 million per occurrence and $5 million in 22 the aggregate for any project having a construction cost of 23 $50 million or more. For these purposes, the term 24 "construction cost" means the total cost of building 25 construction as stated in the building permit application. If 26 the private provider chooses to secure claims-made coverage to 27 fulfill this requirement, the private provider must also 28 maintain, including tail coverage for a minimum of 5 years 29 subsequent to the performance of building code inspection 30 services. The insurance required under this subsection may be 31 written only by an insurer that is authorized to do business 30 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 in this state and has a minimum A.M. Best's rating of "A." 2 Before providing building code inspection services within a 3 local building official's jurisdiction, a private provider 4 must provide to the local building official a certificate of 5 insurance evidencing that the coverages required under this 6 subsection are in force. 7 (17) Each local building code enforcement agency may 8 shall develop and maintain a process to audit the performance 9 of building code inspection services by private providers 10 operating within the local jurisdiction. Work on a building or 11 structure may proceed after inspection and approval by a 12 private provider if the provider has given notice of the 13 inspection pursuant to subsection (8). Subsequent to such 14 inspection and approval, the work may not be delayed for 15 completion of an inspection audit by the local building code 16 enforcement agency. 17 Section 10. Paragraph (d) of subsection (1) of section 18 553.80, Florida Statutes, is amended, and subsections (7) and 19 (8) are added to that section, to read: 20 553.80 Enforcement.-- 21 (1) Except as provided in paragraphs (a)-(f), each 22 local government and each legally constituted enforcement 23 district with statutory authority shall regulate building 24 construction and, where authorized in the state agency's 25 enabling legislation, each state agency shall enforce the 26 Florida Building Code required by this part on all public or 27 private buildings, structures, and facilities, unless such 28 responsibility has been delegated to another unit of 29 government pursuant to s. 553.79(9). 30 (d) Building plans approved pursuant to s. 31 553.77(3)(5) and state-approved manufactured buildings, 31 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 including buildings manufactured and assembled offsite and not 2 intended for habitation, such as lawn storage buildings and 3 storage sheds, are exempt from local code enforcing agency 4 plan reviews except for provisions of the code relating to 5 erection, assembly, or construction at the site. Erection, 6 assembly, and construction at the site are subject to local 7 permitting and inspections. 8 9 The governing bodies of local governments may provide a 10 schedule of fees, as authorized by s. 125.56(2) or s. 166.222 11 and this section, for the enforcement of the provisions of 12 this part. Such fees shall be used solely for carrying out the 13 local government's responsibilities in enforcing the Florida 14 Building Code. The authority of state enforcing agencies to 15 set fees for enforcement shall be derived from authority 16 existing on July 1, 1998. However, nothing contained in this 17 subsection shall operate to limit such agencies from adjusting 18 their fee schedule in conformance with existing authority. 19 (7) The governing bodies of local governments may 20 provide a schedule of reasonable fees, as authorized by s. 21 125.56(2) or s. 166.222 and this section, for enforcing this 22 part. These fees, and any fines or investment earnings related 23 to the fees, shall be used solely for carrying out the local 24 government's responsibilities in enforcing the Florida 25 Building Code. When providing a schedule of reasonable fees, 26 the total estimated annual revenue derived from fees, and the 27 fines and investment earnings related to the fees, may not 28 exceed the total estimated annual costs of allowable 29 activities. Any unexpended balances shall be carried forward 30 to future years for allowable activities or shall be refunded 31 at the discretion of the local government. The basis for a fee 32 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 structure for allowable activities shall relate to the level 2 of service provided by the local government. Fees charged 3 shall be consistently applied. 4 (a) As used in this subsection, the phrase "enforcing 5 the Florida Building Code" includes the direct costs and 6 reasonable indirect costs associated with review of building 7 plans, building inspections, reinspections, building permit 8 processing; building code enforcement; and fire inspections 9 associated with new construction. The phrase may also include 10 training costs associated with the enforcement of the Florida 11 Building Code and enforcement action pertaining to unlicensed 12 contractor activity to the extent not funded by other user 13 fees. 14 (b) The following activities may not be funded with 15 fees adopted for enforcing the Florida Building Code: 16 1. Planning and zoning or other general government 17 activities. 18 2. Inspections of public buildings for a reduced fee 19 or no fee. 20 3. Public information requests, community functions, 21 boards, and any program not directly related to enforcement of 22 the Florida Building Code. 23 4. Enforcement and implementation of any other local 24 ordinance, excluding validly adopted local amendments to the 25 Florida Building Code and excluding any local ordinance 26 directly related to enforcing the Florida Building Code as 27 defined in paragraph (a). 28 (c) A local government shall use recognized 29 management, accounting, and oversight practices to ensure that 30 fees, fines, and investment earnings generated under this 31 subsection are maintained and allocated or used solely for the 33 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 purposes described in paragraph (a). 2 (8) The Department of Agriculture and Consumer 3 Services is not subject to local government permitting 4 requirements, plan review, or inspection fees for agricultural 5 structures, such as equipment storage sheds and polebarns that 6 are not used by the public. 7 Section 11. Paragraph (c) is added to subsection (17) 8 of section 120.80, Florida Statutes, to read: 9 120.80 Exceptions and special requirements; 10 agencies.-- 11 (17) FLORIDA BUILDING COMMISSION.-- 12 (c) Notwithstanding ss. 120.565, 120.569, and 120.57, 13 the Florida Building Commission and hearing officer panels 14 appointed by the commission in accordance with s. 15 553.775(3)(c)1. may conduct proceedings to review decisions of 16 local building code officials in accordance with s. 17 553.775(3)(c). 18 Section 12. Section 553.841, Florida Statutes, is 19 amended to read: 20 (Substantial rewording of section. See 21 s. 533.841, F.S., for present text.) 22 553.841 Building code education and outreach 23 program.-- 24 (1) The Legislature finds that the effectiveness of 25 the building codes of this state depends on the performance of 26 all participants, as demonstrated through knowledge of the 27 codes and commitment to compliance with code directives, and 28 that to strengthen compliance by industry and enforcement by 29 government, a building code education and outreach program is 30 needed. 31 (2) There is created the Building Code Education and 34 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 Outreach Council to coordinate, develop, and maintain 2 education and outreach to ensure administration and 3 enforcement of the Florida Building Code. 4 (3) The Building Code Education and Outreach Council 5 shall be composed of the following members: 6 (a) Three representatives of the Florida Building 7 Commission, selected by the commission; 8 (b) One representative of the Florida Building Code 9 Administrators and Inspectors Board, selected by that board; 10 (c) One representative of the Construction Industry 11 Licensing Board, selected by that board; 12 (d) One representative of the Electrical Contractors 13 Licensing Board, selected by that board; 14 (e) One representative of the Florida Board of 15 Professional Engineers, selected by that board; 16 (f) One representative of the Board of Architecture 17 and Interior Design, selected by that board; 18 (g) One representative of the Board of Architecture 19 and Interior Design, selected by that board; 20 (h) One representative of the Board of Landscape 21 Architecture, selected by that board; and 22 (i) One representative from the office of the State 23 Fire Marshal, selected by that office. 24 25 Each member of the board shall be appointed to a 2-year term 26 and may be reappointed at the discretion of the appointing 27 body. A chair shall be elected by majority vote of the council 28 and shall serve a term of 1 year. 29 (4) The Building Code Education and Outreach Council 30 shall meet in Tallahassee no more than semiannually. The 31 council may meet more often but not more than monthly, and 35 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 such additional meetings may be by telephone conference call. 2 Travel costs, if any, shall be borne by the respective 3 appointing entity. The Department of Community Affairs may 4 contract with an entity that has previous experience with 5 building code training, development, and coordination to 6 provide administrative support for the council. 7 (5) The Building Code Education and Outreach Council 8 shall: 9 (a) Consider and determine any policies or procedures 10 needed to administer ss. 489.109(3) and 489.509(3). 11 (b) Administer the provisions of this section. 12 (c) Determine the areas of priority for which funds 13 should be expended for education and outreach. 14 (d) Review all proposed subjects for advanced courses 15 concerning the Florida Building Code and recommend to the 16 commission any related subjects that should be approved for 17 advanced courses. 18 (6) The Building Code Education and Outreach Council 19 shall develop or cause to be developed: 20 (a) A core curriculum that is prerequisite to the 21 advanced module coursework. 22 (b) Advanced modules designed for use by each 23 profession. 24 (c) The core curriculum developed under this 25 subsection must be approved by the commission and submitted to 26 the Department of Business and Professional Regulation for 27 approval. Advanced modules developed under this paragraph must 28 be approved by the commission and submitted to the respective 29 boards for approval. 30 (7) The core curriculum shall cover the information 31 required to have all categories of participants appropriately 36 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 informed as to their technical and administrative 2 responsibilities in the effective execution of the code 3 process by all individuals currently licensed under part XII 4 of chapter 468, chapter 471, chapter 481, or chapter 489, 5 except as otherwise provided in s. 471.017. The core 6 curriculum shall be prerequisite to the advanced module 7 coursework for all licensees and shall be completed by 8 individuals licensed in all categories under part XII of 9 chapter 468, chapter 471, chapter 481, or chapter 489 within 10 the first 2-year period after initial licensure. Core course 11 hours taken by licensees to complete this requirement shall 12 count toward fulfillment of required continuing education 13 units under part XII of chapter 468, chapter 471, chapter 481, 14 or chapter 489. 15 (8) Each biennium, upon receipt of funds by the 16 Department of Community Affairs from the Construction Industry 17 Licensing Board and the Electrical Contractors' Licensing 18 Board provided under ss. 489.109(3) and 489.509(3), the 19 council shall determine the amount of funds available for 20 education and outreach projects from the proceeds of 21 contractor licensing fees and identify, solicit, and accept 22 funds from other sources for education and outreach projects. 23 (9) If funds collected for education and outreach 24 projects in any year do not require the use of all available 25 funds, the unused funds shall be carried forward and allocated 26 for use during the following fiscal year. 27 (10) The commission shall consider and approve or 28 reject the recommendations made by the council for subjects 29 for education and outreach concerning the Florida Building 30 Code. Any rejection must be made with specificity and must be 31 communicated to the council. 37 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (11) The commission shall adopt rules for establishing 2 procedures and criteria for the approval of advanced courses. 3 This section does not modify or eliminate the continuing 4 education course requirements or authority of any licensing 5 board under part XII of chapter 468, chapter 471, chapter 481, 6 or chapter 489. 7 Section 13. Section 553.8413, Florida Statutes, is 8 repealed. 9 Section 14. Subsections (3), (4), (5), (6), (7), (8), 10 paragraph (a) of subsection (9), and subsection (16) of 11 section 553.842, Florida Statutes, are amended to read: 12 553.842 Product evaluation and approval.-- 13 (3) Products or methods or systems of construction 14 that require approval under s. 553.77, that have standardized 15 testing or comparative or rational analysis methods 16 established by the code, and that are certified by an approved 17 product evaluation entity, testing laboratory, or 18 certification agency as complying with the standards specified 19 by the code shall be approved for local or statewide use. 20 Products required to be approved for statewide use shall be 21 approved by one of the methods established in subsection (6) 22 without further evaluation. 23 (4) By October 1, 2003, Products or methods or systems 24 of construction requiring approval under s. 553.77 must be 25 approved by one of the methods established in subsection (5) 26 or subsection (6) before their use in construction in this 27 state. Products may be approved either by the commission for 28 statewide use, or by a local building department for use in 29 that department's jurisdiction only. Notwithstanding a local 30 government's authority to amend the Florida Building Code as 31 provided in this act, statewide approval shall preclude local 38 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 jurisdictions from requiring further testing, evaluation, or 2 submission of other evidence as a condition of using the 3 product so long as the product is being used consistent with 4 the conditions of its approval. 5 (5) Local approval of products or methods or systems 6 of construction may be achieved by the local building official 7 through building plans review and inspection to determine that 8 the product, method, or system of construction complies with 9 the prescriptive standards established in the code. 10 Alternatively, local approval may be achieved by one of the 11 methods established in subsection (6). 12 (5)(6) Statewide or local approval of products, 13 methods, or systems of construction may be achieved by one of 14 the following methods. One of these methods must be used by 15 local officials or the commission to approve the following 16 categories of products: panel walls, exterior doors, roofing, 17 skylights, windows, shutters, and structural components as 18 established by the commission by rule. 19 (a) Products for which the code establishes 20 standardized testing or comparative or rational analysis 21 methods shall be approved by submittal and validation of one 22 of the following reports or listings indicating that the 23 product or method or system of construction was evaluated to 24 be in compliance with the Florida Building Code and that the 25 product or method or system of construction is, for the 26 purpose intended, at least equivalent to that required by the 27 Florida Building Code: 28 1. A certification mark or listing of an approved 29 certification agency; 30 2. A test report from an approved testing laboratory; 31 3. A product evaluation report based upon testing or 39 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 comparative or rational analysis, or a combination thereof, 2 from an approved product evaluation entity; or 3 4. A product evaluation report based upon testing or 4 comparative or rational analysis, or a combination thereof, 5 developed and signed and sealed by a professional engineer or 6 architect, licensed in this state. 7 8 A product evaluation report or a certification mark or listing 9 of an approved certification agency which demonstrates that 10 the product or method or system of construction complies with 11 the Florida Building Code for the purpose intended shall be 12 equivalent to a test report and test procedure as referenced 13 in the Florida Building Code. 14 (b) Products, methods, or systems of construction for 15 which there are no specific standardized testing or 16 comparative or rational analysis methods established in the 17 code may be approved by submittal and validation of one of the 18 following: 19 1. A product evaluation report based upon testing or 20 comparative or rational analysis, or a combination thereof, 21 from an approved product evaluation entity indicating that the 22 product or method or system of construction was evaluated to 23 be in compliance with the intent of the Florida Building Code 24 and that the product or method or system of construction is, 25 for the purpose intended, at least equivalent to that required 26 by the Florida Building Code; or 27 2. A product evaluation report based upon testing or 28 comparative or rational analysis, or a combination thereof, 29 developed and signed and sealed by a professional engineer or 30 architect, licensed in this state, who certifies that the 31 product or method or system of construction is, for the 40 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 purpose intended, at least equivalent to that required by the 2 Florida Building Code. 3 (6)(7) The commission shall ensure that product 4 manufacturers that obtain statewide product approval operate 5 quality assurance programs for all approved products. The 6 commission shall adopt by rule criteria for operation of the 7 quality assurance programs. 8 (7)(8) For local approvals, validation shall be 9 performed by the local building official. The commission shall 10 adopt by rule criteria constituting complete validation by the 11 local official, including, but not limited to, criteria 12 governing verification of a quality assurance program. For 13 state approvals, validation shall be performed by validation 14 entities approved by the commission. The commission shall 15 adopt by rule criteria for approval of validation entities, 16 which shall be third-party entities independent of the 17 product's manufacturer and which shall certify to the 18 commission the product's compliance with the code. Products 19 bearing a certification mark or listing from an approved 20 certification agency shall be validated by inspection of the 21 certification mark or listing. 22 (8)(9) The commission may adopt rules to approve the 23 following types of entities that produce information on which 24 product approvals are based. All of the following entities, 25 including engineers and architects, must comply with a 26 nationally recognized standard demonstrating independence or 27 no conflict of interest: 28 (a) Evaluation entities that meet the criteria for 29 approval adopted by the commission by rule. The commission 30 shall specifically approve the National Evaluation Service, 31 the International Conference of Building Officials Evaluation 41 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 Services, the International Code Council Evaluation Services, 2 the Building Officials and Code Administrators International 3 Evaluation Services, the Southern Building Code Congress 4 International Evaluation Services, and the Miami-Dade County 5 Building Code Compliance Office Product Control. Architects 6 and engineers licensed in this state are also approved to 7 conduct product evaluations as provided in subsection (5) (6). 8 (16) The commission shall establish a schedule for 9 adoption of the rules required in this section to ensure that 10 the product manufacturing industry has sufficient time to 11 revise products to meet the requirements for approval and 12 submit them for testing or evaluation before the system takes 13 effect on October 1, 2003, and to ensure that the availability 14 of statewide approval is not delayed. 15 Section 15. Section 633.026, Florida Statutes, is 16 created to read: 17 633.026 Informal interpretations of the Florida Fire 18 Prevention Code.--The Division of State Fire Marshal shall by 19 rule establish an informal process of rendering nonbinding 20 interpretations of the Florida Fire Prevention Code. The 21 Division of State Fire Marshal may contract with and refer 22 interpretive issues to a nonprofit organization that has 23 experience in fire safety and control issues. The Division of 24 State Fire Marshal shall immediately implement the process 25 prior to the completion of formal rulemaking. It is the intent 26 of the Legislature that the Division of State Fire Marshal 27 create a process to refer questions to a small group of 28 individuals certified under s. 633.081(2), to which a party 29 can pose questions regarding the interpretation of code 30 provisions. It is the intent of the Legislature that the 31 process provide for the expeditious resolution of the issues 42 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 presented and publication of the resulting interpretation on 2 the website of the Division of State Fire Marshal. It is the 3 intent of the Legislature that this program be similar to the 4 program established by the Florida Building Commission in s. 5 553.77(7). Such interpretations shall be advisory only and 6 nonbinding on the parties or the State Fire Marshal. This 7 program shall be funded from the Insurance Regulatory Trust 8 Fund. 9 Section 16. Local product approval.-- 10 (1) For local product approval, products or systems of 11 construction shall demonstrate compliance with the structural 12 windload requirements of the Florida Building Code through one 13 of the following methods: 14 (a) A certification mark, listing, or label from a 15 commission-approved certification agency indicating that the 16 product complies with the code; 17 (b) A test report from a commission-approved testing 18 laboratory indicating that the product tested complies with 19 the code; 20 (c) A product-evaluation report based upon testing, 21 comparative or rational analysis, or a combination thereof, 22 from a commission-approved product evaluation entity which 23 indicates that the product evaluated complies with the code; 24 (d) A product-evaluation report or certification based 25 upon testing or comparative or rational analysis, or a 26 combination thereof, developed and signed and sealed by a 27 Florida professional engineer or Florida registered architect, 28 which indicates that the product complies with the code; or 29 (e) A statewide product approval issued by the Florida 30 Building Commission. 31 (2) For product-evaluation reports that indicate 43 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 compliance with the code based upon a test report from an 2 approved testing laboratory and rational or comparative 3 analysis by a Florida registered architect or Florida 4 professional engineer, the testing laboratory or the 5 evaluating architect or engineer must certify independence 6 from the product manufacturer. 7 (3) Local building officials may accept modifications 8 to products or their installations if sufficient evidence is 9 submitted to the local building official to demonstrate 10 compliance with the code or the intent of the code, including 11 such evidence as certifications from a Florida registered 12 architect or Florida professional engineer. 13 (4) Products demonstrating compliance shall be 14 manufactured under a quality assurance program audited by an 15 approved quality assurance entity. 16 (5) Products bearing a certification mark, label, or 17 listing by an approved certification agency require no further 18 documentation to establish compliance with the code. 19 (6) Upon review of the compliance documentation, the 20 authority having jurisdiction or a local building official 21 shall deem the product approved for use in accordance with its 22 approval and limitation of use. 23 (7) Approval shall be valid until such time as the 24 product changes and decreases in performance; the standards of 25 the code change, requiring increased performance; or the 26 approval is otherwise suspended or revoked. Changes to the 27 code do not void the approval of products previously installed 28 in existing buildings if such products met building code 29 requirements at the time the product was installed. 30 Section 17. Window or door coverings in essential 31 facilities; impact-resistance standards.-- 44 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (1) Beginning July 1, 2005, the construction of a new 2 or retrofitted window or door covering in a facility that is 3 an essential facility as defined in ASTM Level E 1996-04, 4 paragraph 6.2.1.1. which construction is funded by a grant of 5 state or federal funds must meet the requirements of ASTM 6 Level E 1996-04 for impact protection. 7 (2) Installation of such construction must conform to 8 design drawings that are signed, sealed, and inspected by a 9 structural engineer who is registered in this state. 10 (3) If such construction is funded under the Hazardous 11 Mitigation Grant Program (HMGP), the Department of Community 12 Affairs shall advise the county, municipality, or other entity 13 applying for the HMGP funds that cost or price for the project 14 shall not be the sole criteria for selecting a vendor. 15 (4) As used in this section, the term "essential 16 facilities" means buildings and other structures designated as 17 essential facilities, including, but not limited to, hospitals 18 and other health care facilities that have surgery or 19 emergency-treatment facilities; fire, rescue, and police 20 stations and emergency-vehicle garages; designated emergency 21 shelters; communications centers and other facilities required 22 for emergency response; power generating stations and other 23 public-utility facilities required in an emergency; and 24 buildings and other structures that have critical national 25 defense functions. 26 Section 18. Notwithstanding any provision of the 27 Florida Building Code to the contrary, backflow prevention 28 assemblies must be inspected once every 5 years. 29 Section 19. Subsections (5), (14), and (18) of section 30 633.021, Florida Statutes, are amended to read: 31 633.021 Definitions.--As used in this chapter: 45 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (5)(a) "Contractor I" means a contractor whose 2 business includes the execution of contracts requiring the 3 ability to lay out, fabricate, install, inspect, alter, 4 repair, and service all types of fire protection systems, 5 excluding preengineered systems. 6 (b) "Contractor II" means a contractor whose business 7 is limited to the execution of contracts requiring the ability 8 to lay out, fabricate, install, inspect, alter, repair, and 9 service water sprinkler systems, water spray systems, 10 foam-water sprinkler systems, foam-water spray systems, 11 standpipes, combination standpipes and sprinkler risers, all 12 piping that is an integral part of the system beginning at the 13 point of service as defined in this section where the piping 14 is used exclusively for fire protection, sprinkler tank 15 heaters, air lines, thermal systems used in connection with 16 sprinklers, and tanks and pumps connected thereto, excluding 17 preengineered systems. 18 (c) "Contractor III" means a contractor whose business 19 is limited to the execution of contracts requiring the ability 20 to lay out, fabricate, install, inspect, alter, repair, and 21 service CO2 systems, foam extinguishing systems, dry 22 chemical systems, and Halon and other chemical systems, 23 excluding preengineered systems. 24 (d) "Contractor IV" means a contractor whose business 25 is limited to the execution of contracts requiring the ability 26 to lay out, fabricate, install, inspect, alter, repair, and 27 service automatic fire sprinkler systems for detached 28 one-family dwellings, detached two-family dwellings, and 29 mobile homes, excluding preengineered systems and excluding 30 single-family homes in cluster units, such as apartments, 31 condominiums, and assisted living facilities or any building 46 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 that is connected to other dwellings. 2 (e) "Contractor V" means a contractor whose business 3 is limited to the execution of contracts requiring the ability 4 to lay out, fabricate, install, inspect, alter, repair, and 5 service the underground piping for a fire protection system 6 using water as the extinguishing agent beginning at the point 7 of service as defined in this act at which the piping is used 8 exclusively for fire protection and ending no more than 1 foot 9 above the finished floor. 10 11 The definitions in this subsection must not be construed to 12 include fire protection engineers or architects and do not 13 limit or prohibit a licensed fire protection engineer or 14 architect from designing any type of fire protection system. A 15 distinction is made between system design concepts prepared by 16 the design professional and system layout as defined in this 17 section and typically prepared by the contractor. However, 18 persons certified as a Contractor I, Contractor II, or 19 Contractor IV under this chapter may design fire protection 20 systems of 49 or fewer sprinklers heads, and may design the 21 alteration of an existing fire sprinkler system if the 22 alteration consists of the relocation, addition, or deletion 23 of not more than 49 sprinklers heads, notwithstanding the size 24 of the existing fire sprinkler system. A Contractor I, 25 Contractor II, or Contractor IV may design a fire protection 26 system the scope of which complies with NFPA 13D, Standard for 27 the Installation of Sprinkler Systems in One- and Two-Family 28 Dwellings and Manufactured Homes, as adopted by the State Fire 29 Marshal, notwithstanding the number of fire sprinklers. 30 Contractor-developed Such plans may not be required by any 31 local permitting authority to be sealed by a registered 47 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 professional engineer. 2 (14) "Layout" as used in this chapter means the layout 3 of risers, cross mains, branch lines, sprinkler heads, sizing 4 of pipe, hanger locations, and hydraulic calculations in 5 accordance with the design concepts established through the 6 provisions of the Responsibility Rules adopted by the Board of 7 Professional Engineers or such other standards as the State 8 Fire Marshal adopts which provide comparable design concepts 9 s. 553.79(6)(c). 10 (18) "Point-of-service" means the point at which the 11 underground piping for a fire protection sprinkler system as 12 defined in this section using water as the extinguishing agent 13 becomes used exclusively for the fire protection sprinkler 14 system. The point-of-service is designated by the engineer who 15 sealed the plans for a system of 50 or more heads or by the 16 contractor who designed the plans for a system of 49 or fewer 17 heads. 18 Section 20. Subsection (11) is added to section 19 633.0215, Florida Statutes, to read: 20 633.0215 Florida Fire Prevention Code.-- 21 (11) The design of interior stairways within dwelling 22 units, including stair tread width and riser height, landings, 23 handrails, and guards, must be consistent with chapter 10 of 24 the Florida Building Code. 25 Section 21. Subsection (3) is added to section 26 633.065, Florida Statutes, to read: 27 633.065 Requirements for installation, inspection, and 28 maintenance of fire suppression equipment.-- 29 (3)(a) Each fire hydrant shall be tested in accordance 30 with National Fire Protection Standard 24, subsection 4-3.6, 31 and inspected and maintained in compliance with National Fire 48 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 Protection Association Standard 25, Standard for the 2 Inspection, Testing, and Maintenance of Water-Based 3 Fire-Protection Systems, as set forth in the edition currently 4 adopted by the State Fire Marshal pursuant to its 5 code-adoption and standards-adoption authority under chapter 6 633. The owner of a fire hydrant is responsible for performing 7 the required testing, inspection, or maintenance of that fire 8 hydrant. 9 (b) The owner of a private fire hydrant shall cause 10 any repair or replacement indicated by an inspection to be 11 made within 30 days and shall maintain records of the repair 12 or replacement. 13 (c) Inspection results that determine that a private 14 fire hydrant is nonfunctioning shall be reported immediately 15 to the local authorities having jurisdiction. 16 (d) Consistent with the provisions of s. 633.025(1), 17 the requirements of this subsection shall be deemed adopted by 18 each municipality, county, and special district having 19 firesafety responsibilities. 20 (e) Penalties for noncompliance with this subsection 21 shall be in accordance with s. 633.171. 22 Section 22. Section 633.071, Florida Statutes, is 23 amended to read: 24 633.071 Standard service tag required on all fire 25 extinguishers and preengineered systems; serial number 26 required on all portable fire extinguishers; standard 27 inspection tags required on all fire protection systems.-- 28 (1) The State Fire Marshal shall adopt by rule 29 specifications as to the size, shape, color, and information 30 and data contained thereon of service tags to be attached to 31 all fire extinguishers and preengineered systems required by 49 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 statute or by rule, whether they be portable, stationary, or 2 on wheels when they are placed in service, installed, 3 serviced, repaired, tested, recharged, or inspected. Fire 4 extinguishers may be tagged only after meeting all standards 5 as set forth by this chapter, the standards of the National 6 Fire Protection Association, and manufacturer's 7 specifications. Preengineered systems may be tagged only after 8 a system has been inspected, serviced, installed, repaired, 9 tested, recharged, and hydrotested in compliance with this 10 chapter, the standards of the National Fire Protection 11 Association, and the manufacturer's specifications, and after 12 a report, as specified by rule, has been completed in detail, 13 indicating any and all deficiencies or deviations from the 14 manufacturer's specifications and the standards of the 15 National Fire Protection Association. A copy of the inspection 16 report shall be provided to the owner at the time of 17 inspection, and, if a system is found to be in violation of 18 this chapter, the manufacturer's specifications, or the 19 standards of the National Fire Protection Association, a copy 20 shall be forwarded to the state or local authority having 21 jurisdiction within 30 days from the date of service. It shall 22 be unlawful to place in service, service, test, repair, 23 inspect, install, hydrotest, or recharge any fire extinguisher 24 or preengineered system without attaching one of these tags 25 completed in detail, including the actual month work was 26 performed, or to use a tag not meeting the specifications set 27 forth by the State Fire Marshal. 28 (2) All portable fire extinguishers required by 29 statute or by rule shall be listed by Underwriters 30 Laboratories, Inc., or approved by Factory Mutual 31 Laboratories, Inc., or listed by a nationally recognized 50 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 testing laboratory in accordance with procedures adopted 2 pursuant to s. 633.083(2), and carry an Underwriters 3 Laboratories, Inc., or manufacturer's serial number. These 4 listings, approvals, and serial numbers may be stamped on the 5 manufacturer's identification and instructions plate or on a 6 separate Underwriters Laboratories, Inc., or Factory Mutual 7 Laboratories, Inc., plate soldered or attached to the 8 extinguisher shell in some permanent manner. 9 (3) The State Fire Marshal shall adopt by rule 10 specifications as to the size, shape, color, information, and 11 data contained thereon of inspection tags to be attached to 12 all types of fire protection systems and information required 13 on an inspection report of such an inspection. 14 Section 23. Section 633.082, Florida Statutes, is 15 amended to read: 16 633.082 Inspection of fire control systems and fire 17 protection systems.-- 18 (1) The State Fire Marshal shall have the right to 19 inspect any fire control system during and after construction 20 to determine that such system meets the standards set forth in 21 the laws and rules of the state. 22 (2) Fire protection systems installed in public and 23 private properties, except one-family or two-family dwellings, 24 in this state shall be inspected following procedures 25 established in the nationally recognized inspection, testing, 26 and maintenance standard NFPA-25 as set forth in the edition 27 adopted by the State Fire Marshal. Quarterly, annual, 3-year, 28 and 5-year inspections consistent with the contractual 29 provisions with the owner shall be conducted by the 30 certificateholder or permittees employed by the 31 certificateholder pursuant to s. 633.521. 51 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (3) The inspecting contractor shall provide to the 2 building owner and the local authority having jurisdiction a 3 copy of the inspection report established under s. 633.071(3). 4 The maintenance of fire sprinkler systems as well as 5 corrective actions on deficient systems is the responsibility 6 of the property owner. This section does not prohibit 7 governmental entities from inspecting and enforcing firesafety 8 codes. 9 Section 24. Section 633.521, Florida Statutes, is 10 amended to read: 11 633.521 Certificate application and issuance; permit 12 issuance; examination and investigation of applicant.-- 13 (1) To obtain a certificate, an applicant shall submit 14 to the State Fire Marshal an application in writing, on a form 15 provided by the State Fire Marshal containing the information 16 prescribed, which shall be accompanied by the fee fixed 17 herein, containing a statement that the applicant desires the 18 issuance of a certificate and stating the class of certificate 19 requested. 20 (2)(a) Examinations shall be administered by the State 21 Fire Marshal and held at times and places within the state as 22 the State Fire Marshal determines, but there shall be at least 23 two examinations a year. Each applicant shall take and pass 24 an objective, written examination of her or his fitness for a 25 certificate in the class for which the application is 26 requested. There shall be a type of examination for each of 27 the classes of certificates defined in s. 633.021(5). The 28 examination shall test the applicant's ability to lay out, 29 fabricate, install, alter, repair, and inspect fire protection 30 systems and their appurtenances and shall test the applicant's 31 fitness in business and financial management. The test shall 52 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 be based on applicable standards of the National Fire 2 Protection Association and on relevant Florida and federal 3 laws pertaining to the construction industry, safety 4 standards, administrative procedures, and pertinent technical 5 data. 6 (b) A passing grade on the examination is 70 percent, 7 and such examinations may be developed by an independent 8 professional testing agency. The tests shall be prepared, 9 administered, and scored in compliance with generally accepted 10 professional testing standards. 11 (c) The division shall solicit suggestions from 12 affected persons regarding the content of examinations. 13 (d) A reexamination may not be scheduled sooner than 14 30 days after any administration of an examination to an 15 applicant. 16 (e) An applicant may not be examined more than four 17 times during 1 year for certification as a contractor pursuant 18 to this section unless the person is or has been certified and 19 is taking the examination to change classifications. If an 20 applicant does not pass one or more parts of the examination, 21 she or he may take any part of the examination three more 22 times during the 1-year period beginning upon the date she or 23 he originally filed an application to take the examination. 24 If the applicant does not pass the examination within that 25 1-year period, she or he must file a new application and pay 26 the application and examination fees in order to take the 27 examination or a part of the examination again. However, the 28 applicant may not file a new application sooner than 6 months 29 after the date of her or his last examination. 30 (3) As a prerequisite to taking the examination for 31 certification as a Contractor I, Contractor II, or Contractor 53 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 III, the applicant must be at least 18 years of age, be of 2 good moral character, and shall possess 4 years' proven 3 experience in the employment of a fire protection system 4 Contractor I, Contractor II, or Contractor III or a 5 combination of equivalent education and experience. As a 6 prerequisite to taking the examination for certification as a 7 Contractor IV, the applicant shall be at least 18 years old, 8 be of good moral character, and have at least 2 years' proven 9 experience in the employment of a fire protection system 10 Contractor I, Contractor II, Contractor III, or Contractor IV 11 or combination of equivalent education and experience which 12 combination need not include experience in the employment of a 13 fire protection system contractor. As a prerequisite to 14 taking the examination for certification as a Contractor V, 15 the applicant shall be at least 18 years old, be of good moral 16 character, and have been licensed as a certified underground 17 utility and excavation contractor pursuant to chapter 489, 18 have verification by an individual who is licensed as a 19 certified utility contractor pursuant to chapter 489 that the 20 applicant has 4 years' proven experience in the employ of a 21 certified underground utility and excavation contractor, or 22 have a combination of education and experience equivalent to 4 23 years' proven experience in the employ of a certified 24 underground utility and excavation contractor. Within 30 days 25 after from the date of the examination, the State Fire Marshal 26 shall inform the applicant in writing whether she or he has 27 qualified or not and, if the applicant has qualified, that she 28 or he is ready to issue a certificate of competency, subject 29 to compliance with the requirements of subsection (4). 30 (4) As a prerequisite to issuance of a certificate, 31 the State Fire Marshal shall require the applicant to submit 54 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 satisfactory evidence that she or he has obtained insurance 2 providing coverage for comprehensive general liability for 3 bodily injury and property damages, products liability, 4 completed operations, and contractual liability. The State 5 Fire Marshal may adopt rules providing for the amount of 6 insurance, but such amount shall not be less than $500,000 for 7 a Contractor I, Contractor II, Contractor III, or Contractor V 8 and shall not be less than $250,000 for a Contractor IV. An 9 insurer which provides such coverage shall notify within 30 10 days the State Fire Marshal of any material change in coverage 11 or any termination, cancellation, or nonrenewal of such 12 coverage. An insurer which fails to so notify the State Fire 13 Marshal's office shall be subject to the penalties provided 14 under s. 624.4211. 15 (5) Upon satisfaction of the requirements of 16 subsections (1), (2), (3), and (4), the certificate shall be 17 issued forthwith. However, no certificate shall remain in 18 effect if, after issuance, the certificateholder fails to 19 maintain the insurance coverage required by this section. 20 (6) If an applicant for an original certificate, after 21 having been notified to do so, does not appear for examination 22 or does not pass the examination within 1 year from the date 23 of filing her or his application, the fee paid by the 24 applicant shall be forfeited. New applications for a 25 certificate shall be accompanied by another application fee 26 fixed by this chapter. 27 (7) The State Fire Marshal may, at any time subsequent 28 to the issuance of the certificate or its renewal, require, 29 upon demand and in no event more than 30 days after notice of 30 the demand, the certificateholder to provide proof of 31 insurance coverage on a form provided by the State Fire 55 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 Marshal containing confirmation of insurance coverage as 2 required by this chapter. Failure to provide proof of 3 insurance coverage as required, for any length of time, shall 4 result in the immediate suspension of the certificate until 5 proof of insurance is provided to the State Fire Marshal. 6 (8) An individual employed by a Contractor I or 7 Contractor II certificateholder, as established in this 8 section, who will be inspecting water-based fire protection 9 systems as required under s. 633.082, must be issued a permit 10 by the State Fire Marshal to conduct such work. The permit is 11 valid solely for use by the holder thereof in his or her 12 employment by the certificateholder named in the permit. A 13 permittee must have a valid and subsisting permit upon his or 14 her person at all times while engaging in inspecting fire 15 protection systems, and a permitholder must be able to produce 16 such a permit upon demand. In addition, a permittee shall, at 17 all times while performing inspections, carry an 18 identification card containing his or her photograph and other 19 identifying information as prescribed by the State Fire 20 Marshal, and the permittee must produce the identification 21 card and information upon demand. The permit and the 22 identification may be one and the same. A permittee is limited 23 as to the specific type of work performed, depending upon the 24 class of certificate held by the certificateholder under whom 25 the permittee is working. The permit class shall be known as a 26 Water-Based Fire Protection Inspector whose permit allows the 27 holder to inspect water sprinkler systems, water spray 28 systems, foam-water sprinkler systems, foam-water spray 29 systems, standpipes, combination standpipes and sprinkler 30 systems, all piping that is an integral part of the system 31 beginning at the point where the piping is used exclusively 56 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 for fire protection, sprinkler tank heaters, air lines, 2 thermal systems used in connection with sprinklers, and tanks 3 and pumps connected thereto, excluding preengineered systems. 4 5 It is the intent of the Legislature that the inspections and 6 testing of automatic fire sprinkler systems for detached 7 one-family dwellings, detached two-family dwellings, and 8 mobile homes be accomplished by the owner, who is responsible 9 for requesting service from a contractor when necessary. It is 10 further intended that the NFPA-25 inspection of exposed 11 underground piping supplying a fire protection system be 12 conducted by a Contractor I or Contractor II. 13 (9) Effective July 1, 2008, the State Fire Marshal 14 shall require the National Institute of Certification in 15 Engineering Technologies (NICET), Sub-field of Inspection and 16 Testing of Fire Protection Systems Level II or equivalent 17 training and education as determined by the division as proof 18 that the permitholders are knowledgeable about nationally 19 accepted standards for the inspection of fire protection 20 systems. It is the intent of this act, from July 1, 2005, 21 until July 1, 2008, to accept continuing education of all 22 certificateholders' employees who perform inspection functions 23 which specifically prepares the permitholder to qualify for 24 NICET II certification. 25 Section 25. Section 633.524, Florida Statutes, is 26 amended to read: 27 633.524 Certificate and permit fees; use and deposit 28 of collected funds.-- 29 (1) The initial application fee for each class of 30 certificate shall be $300. The biannual biennial renewal fee 31 for each class of certificate shall be $150 $250. The initial 57 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 application fee for the permit classification shall be $100. 2 The biannual renewal fee for the permit classification shall 3 be $50. The fee for certificates issued as duplicates or to 4 reflect a change of address is $15 shall be $5 each. The fee 5 for each examination or reexamination for each class of 6 certificate scheduled shall be $100. 7 (2) All moneys collected by the State Fire Marshal 8 pursuant to this chapter are hereby appropriated for the use 9 of the State Fire Marshal in the administration of this 10 chapter and shall be deposited in the Insurance Regulatory 11 Trust Fund. 12 Section 26. Subsection (4) is added to section 13 633.537, Florida Statutes, to read: 14 633.537 Certificate; expiration; renewal; inactive 15 certificate; continuing education.-- 16 (4) The renewal period for the permit class is the 17 same as that of the employing certificateholder. The 18 continuing education requirements for permitholders shall be 8 19 contact hours by June 30, 2006. An additional 16 contact hours 20 of continuing education is required by June 30, 2008, and 21 during each biannual renewal period thereafter. The continuing 22 education curriculum from July 1, 2005, until July 1, 2008, 23 shall be the preparatory curriculum for NICET II 24 certification; after July 1, 2008, the technical curriculum is 25 at the discretion of the State Fire Marshal. It is the 26 responsibility of the permitholder to maintain NICET II 27 certification as a condition of permit renewal after July 1, 28 2008. 29 Section 27. Subsection (2) of section 633.539, Florida 30 Statutes, is amended to read: 31 633.539 Requirements for installation, inspection, and 58 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 maintenance of fire protection systems.-- 2 (2) Equipment shall be inspected, serviced, and 3 maintained in accordance with the manufacturer's maintenance 4 procedures and with applicable National Fire Protection 5 Association standards. The inspection of fire protection 6 systems shall be conducted by a certificateholder or holder of 7 a permit issued by the State Fire Marshal. The permitholder 8 may perform inspections on fire protection systems only while 9 employed by the certificateholder. This section does not 10 prohibit the authority having jurisdiction or insurance 11 company representatives from reviewing the system in 12 accordance with acceptable oversight standards. 13 (3) For contracts written after June 30, 2005, the 14 contractor who installs the underground from the point of 15 service is responsible for completing the installation to the 16 aboveground connection flange, which by definition in this 17 chapter is no more than 1 foot above the finished floor, 18 before completing the Contractor's Material and Test 19 Certificate for Underground Piping document. Aboveground 20 contractors may not complete the Contractor's Material and 21 Test Certificate for Underground Piping document for 22 underground piping or portions thereof which have been 23 installed by others. 24 (4) The Contractor V may install the cross-connection 25 backflow prevention device as defined in this chapter on new 26 installations and only when the specific backflow prevention 27 device is included in the system hydraulic calculations. The 28 retrofitting of a backflow device on an existing fire 29 protection system will cause a reduction in available water 30 pressure and probable system malfunction. The development of 31 aboveground fire protection system hydraulic calculations is a 59 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 task of the Contractor I and II, as defined in this chapter. 2 Accordingly, a Contractor V is expressly prohibited from 3 retrofitting cross-connection backflow prevention devices on 4 an existing fire protection system, and only a Contractor I or 5 Contractor II who is tasked to recalculate the system and take 6 corrective actions to ensure that the system will function 7 with the available water supply may retroactively install 8 these backflow devices on existing fire protection systems. 9 Section 28. Section 633.547, Florida Statutes, is 10 amended to read: 11 633.547 Disciplinary action; fire protection system 12 contractors; grounds for denial, nonrenewal, suspension, or 13 revocation of certificate or permit.-- 14 (1) The State Fire Marshal shall investigate the 15 alleged illegal action of any fire protection system 16 contractor or permittee certified under this chapter and hold 17 hearings pursuant to chapter 120. 18 (2) The following acts constitute cause for 19 disciplinary action: 20 (a) Violation of any provision of this chapter or of 21 any rule adopted pursuant thereto. 22 (b) Violation of the applicable building codes or laws 23 of this state or any municipality or county thereof. 24 (c) Diversion of funds or property received for 25 prosecution or completion of a specified construction project 26 or operation when, as a result of the diversion, the 27 contractor is, or will be, unable to fulfill the terms of her 28 or his obligation or contract. 29 (d) Disciplinary action by any municipality or county, 30 which action shall be reviewed by the State Fire Marshal 31 before taking any disciplinary action. 60 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (e) Failure to supervise the installation of the fire 2 protection system covered by the building permit signed by the 3 contractor. 4 (f) Rendering a fire protection system, standpipe 5 system, or underground water supply main connecting to the 6 system inoperative except when the fire protection system, 7 standpipe system, or underground water supply main is being 8 inspected, serviced, tested, or repaired, or except pursuant 9 to court order. 10 (g) Improperly servicing, repairing, testing, or 11 inspecting a fire protection, standpipe system, or underground 12 water supply main connecting to the system. 13 (h) Failing to provide proof of insurance to the State 14 Fire Marshal or failing to maintain in force the insurance 15 coverage required by s. 633.521. 16 (i) Failing to obtain, retain, or maintain one or more 17 of the qualifications for a certificate as specified in this 18 chapter. 19 (j) Making a material misstatement, misrepresentation, 20 or committing a fraud in obtaining or attempting to obtain a 21 certificate. 22 (k) Failing to notify the State Fire Marshal, in 23 writing, within 30 days after a change of residence address, 24 principal business address, or name. 25 (3) The State Fire Marshal is authorized to take the 26 following disciplinary action: 27 (a) She or he may suspend the certificateholder for a 28 period not to exceed 2 years from all operations as a 29 contractor during the period fixed by the State Fire Marshal, 30 but she or he may permit the certificateholder to complete any 31 contracts then incomplete. 61 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (b) She or he may revoke a certificate for a period 2 not to exceed 5 years. 3 (4) During the suspension or revocation of the 4 certificate, the former certificateholder shall not engage in 5 or attempt to profess to engage in any transaction or business 6 for which a certificate is required under this chapter or 7 directly or indirectly own, control, or be employed in any 8 manner by any firm or corporation for which a certificate 9 under this chapter is required. The department shall not, so 10 long as the revocation or suspension remains in effect, grant 11 any new certificate for the establishment of any new firm, 12 business, or corporation of any person that has or will have 13 the same or similar management, ownership, control, or 14 employees or that will use a same or similar name as a 15 previously revoked or suspended firm, business, or 16 corporation. 17 (5) The State Fire Marshal may deny, suspend, or 18 revoke the certificate of: 19 (a) Any person, firm, or corporation the certificate 20 of which under this chapter has been suspended or revoked. 21 (b) Any firm or corporation if an officer, director, 22 stockholder, owner, or person interested directly or 23 indirectly has had his or her certificate under this chapter 24 suspended or revoked. 25 (c) Any person who is or has been an officer, 26 director, stockholder, or owner of a firm or corporation, or 27 who was interested directly or indirectly in a corporation, 28 the certificate of which has been suspended or revoked under 29 this chapter. 30 (6) The lapse or suspension of a certificate by 31 operation of law or by order of the State Fire Marshal or a 62 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 court or its voluntary surrender by a certificateholder does 2 not deprive the State Fire Marshal of jurisdiction to 3 investigate or act in disciplinary proceedings against the 4 certificateholder. 5 (7) The filing of a petition in bankruptcy, either 6 voluntary or involuntary, or the making of a composition of 7 creditors or the appointment of a receiver for the business of 8 the certificateholder may be considered by the State Fire 9 Marshal as just cause for suspension of a certificate. 10 Section 29. (1) A person who owns a private fire 11 hydrant must ensure that the hydrant is tested in accordance 12 with National Fire Protection Association Standard 24, 13 subsection 4-3.6, and that it is inspected and maintained in 14 compliance with National Fire Protection Association Standard 15 25, Standard for the Inspection, Testing, and Maintenance of 16 Water-Based Fire Protection Systems, the edition currently 17 adopted by the State Fire Marshal pursuant to its 18 code-adoption and standards-adoption authority in chapter 633, 19 Florida Statutes. A person who owns a private fire hydrant 20 must produce, upon request of an authorized fire official, a 21 valid and continuing maintenance contract with a plumbing 22 contractor licensed under chapter 489, Florida Statutes, an 23 underground utility contractor licensed under chapter 489, 24 Florida Statutes, or, if the private hydrant is part of a fire 25 suppression system, a fire protection contractor licensed 26 under chapter 633, Florida Statutes. 27 (2) The fire department having jurisdiction over the 28 subject property may contract with the owner to maintain the 29 fire hydrant as required by the code, if the contract does not 30 violate any other federal law or state or local code, statute, 31 or ordinance. 63 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 (3) A person who violates this section commits a 2 noncriminal violation, punishable by a fine not to exceed $100 3 for a first offense or $250 for each subsequent offense. 4 Section 30. Section 553.851, Florida Statutes, is 5 repealed. 6 Section 31. This act shall take effect July 1, 2005. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to building safety; amending s. 16 215.559, F.S.; requiring that a specified 17 percentage of the funds appropriated under the 18 Hurricane Loss Mitigation Program be used for 19 education concerning the Florida Building Code 20 and for the operation of the disaster 21 contractors network; requiring the Department 22 of Community Affairs to contract with a 23 nonprofit tax-exempt entity for training, 24 development, and coordination; amending s. 25 468.621, F.S.; providing additional grounds for 26 which disciplinary actions may be taken against 27 building code enforcement officials; amending 28 s. 489.537, F.S.; providing that certain alarm 29 system contractors and electrical contractors 30 may not be required by a municipality or county 31 to obtain additional certification or meet 64 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 additional licensure requirements; amending s. 2 553.37, F.S.; providing requirements for exit 3 alarms; providing for the approval, delivery, 4 and installation of lawn storage buildings and 5 storage sheds; amending s. 553.73, F.S.; 6 specifying certain codes from the International 7 Code Congress and the International Code 8 Council as foundation codes for the updated 9 Florida Building Code; providing requirements 10 for amendments to the foundation codes; 11 providing for the incorporation of certain 12 statements, decisions, and amendments into the 13 Florida Building Code; providing a timeframe 14 for rule updates to the Florida Building Code 15 to become effective; adding a requirement for 16 technical amendments to the Florida Building 17 Code; providing requirements for the Florida 18 Building Commission in reviewing code 19 amendments; providing an exception; 20 incorporating by reference certain standards 21 for unvented conditioned attic assemblies; 22 amending s. 553.77, F.S.; revising duties of 23 the Florida Building Commission; authorizing 24 local building departments or other entities to 25 approve changes to an approved building plan; 26 prohibiting a commission member from voting or 27 taking action on matters of a personal or 28 financial interest to the member; deleting 29 requirements that the commission hear certain 30 appeals and issue declaratory statements; 31 creating s. 553.775, F.S.; providing 65 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 legislative intent with respect to the 2 interpretation of the Florida Building Code; 3 providing for the commission to resolve 4 disputes regarding interpretations of the code; 5 requiring the commission to review decisions of 6 local building officials and local enforcement 7 agencies; providing for publication of an 8 interpretation on the Building Code Information 9 System and in the Florida Administrative 10 Weekly; authorizing the commission to adopt a 11 fee; amending s. 553.79, F.S.; exempting 12 truss-placement plans from certain 13 requirements; amending s. 553.791, F.S.; 14 clarifying a definition; expanding 15 authorization to use private providers to 16 provide building code inspection services; 17 including fee owner contractors within such 18 authorization; revising notice requirements for 19 using private providers; revising procedures 20 for issuing permits; providing requirements for 21 representatives of private providers; providing 22 for waiver of certain inspection records 23 requirements under certain circumstances; 24 requiring that issuance of stop-work orders be 25 pursuant to law; providing for establishment of 26 a registration system for private providers and 27 authorized representatives of private providers 28 for licensure compliance purposes; preserving 29 authority to issue emergency stop-work orders; 30 revising insurance requirements for private 31 providers; specifying conditions for proceeding 66 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 with building work; amending s. 553.80, F.S.; 2 authorizing local governments to impose certain 3 fees for code enforcement; providing 4 requirements and limitations; conforming a 5 cross-reference; requiring the commission to 6 expedite adoption and implementation of the 7 existing state building code as part of the 8 Florida Building Code pursuant to limited 9 procedures; exempting certain buildings of the 10 Department of Agriculture and Consumer Services 11 from local permitting requirements, review, or 12 fees; amending s. 120.80, F.S.; authorizing the 13 Florida Building Commission to conduct 14 proceedings to review decisions of local 15 officials; amending s. 553.841, F.S.; revising 16 provisions governing the Building Code Training 17 Program; creating the Building Code Education 18 and Outreach Council to coordinate, develop, 19 and ensure enforcement of the Florida Building 20 Code; providing for membership, terms of 21 office, and meetings; providing duties of the 22 council; requiring Building A Safer Florida, 23 Inc., to provide administrative support for the 24 council; requiring the council to develop a 25 core curriculum and equivalency test for 26 specified licensees; providing for the use of 27 funds by the council; repealing s. 553.8413, 28 F.S., relating to the Education Technical 29 Advisory Committee; amending s. 553.842, F.S.; 30 providing for products to be approved for 31 statewide use; deleting an obsolete date; 67 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 deleting a provision requiring the commission 2 to adopt certain criteria for local program 3 verification and validation by rule; providing 4 for validation of certain products by 5 inspection of the certification mark or 6 listing; adding an evaluation entity to the 7 list of entities specifically approved by the 8 commission; deleting a requirement that the 9 commission establish a schedule for adopting 10 rules relating to product approvals under 11 certain circumstances; creating s. 633.026, 12 F.S.; requiring that the State Fire Marshal 13 establish by rule a process for rendering 14 nonbinding interpretations of the Florida Fire 15 Prevention Code; authorizing the State Fire 16 Marshal to enter into contracts and refer 17 interpretations to a nonprofit organization; 18 providing for the interpretations to be 19 advisory; providing for funding the program 20 from the Insurance Regulatory Trust Fund; 21 providing requirements for local product 22 approval of products or systems of 23 construction; specifying methods for 24 demonstrating compliance with the structural 25 windload requirements of the Florida Building 26 Code; providing for certification to be issued 27 by a professional engineer or registered 28 architect; providing for audits under a quality 29 assurance program and other types of 30 certification; providing that changes to the 31 Florida Building Code do not void the approval 68 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 of previously installed products; amending s. 2 633.021, F.S.; redefining terms used in ch. 3 633, F.S.; amending s. 633.0215, F.S.; revising 4 provisions relating to the construction of 5 townhouse stairs; amending s. 633.065, F.S.; 6 providing additional requirements for 7 inspection and maintenance of fire suppression 8 equipment; amending s. 633.071, F.S.; requiring 9 inspection tags to be attached to all fire 10 protection systems; providing for the 11 standardization of inspection tags and reports; 12 amending s. 633.082, F.S.; requiring fire 13 protection systems to be inspected in 14 accordance with nationally accepted standards; 15 amending s. 633.521, F.S.; establishing a 16 permit classification for individuals who 17 inspect fire protection systems; amending s. 18 633.524, F.S.; establishing fees for various 19 classes of permits; amending s. 633.537, F.S.; 20 establishing continuing education requirements; 21 amending s. 633.539, F.S.; requiring fire 22 protection systems to be inspected, serviced, 23 or maintained by a permitholder; establishing 24 the scope of work criteria; amending s. 25 633.547, F.S.; providing for disciplinary 26 action; requiring owners of private fire 27 hydrants to test hydrants in accordance with 28 national standards and to contract with 29 licensed professionals or local fire-control 30 authorities to inspect and service such 31 hydrants; authorizing local fire officials to 69 10:33 AM 03/15/05 s0442c1d-ri31-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 442 Barcode 934372 1 contract with owners of private fire hydrants 2 to maintain such hydrants; providing fines for 3 noncompliance; repealing s. 553.851, F.S., 4 relating to the protection of underground gas 5 pipelines; providing an 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 70 10:33 AM 03/15/05 s0442c1d-ri31-c8n