Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 442
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CHAMBER ACTION
Senate House
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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
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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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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
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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,
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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
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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
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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
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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
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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).
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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:.
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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
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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
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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
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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
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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:
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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
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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
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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,
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.--
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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:
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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;
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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
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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
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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.
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