Senate Bill sb0442c1

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    Florida Senate - 2005                            CS for SB 442

    By the Committee on Community Affairs; and Senator Bennett





    578-1634-05

  1                      A bill to be entitled

  2         An act relating to building safety; amending s.

  3         215.559, F.S.; requiring that a specified

  4         percentage of the funds appropriated under the

  5         Hurricane Loss Mitigation Program be used for

  6         education concerning the Florida Building Code

  7         and for the operation of the disaster

  8         contractors network; requiring the Department

  9         of Community Affairs to contract with a

10         nonprofit tax-exempt entity for training,

11         development, and coordination; amending s.

12         489.537, F.S.; providing that certain alarm

13         system contractors and electrical contractors

14         may not be required by a municipality or county

15         to obtain additional certification or meet

16         additional licensure requirements; amending s.

17         553.37, F.S.; providing requirements for exit

18         alarms; providing for the approval, delivery,

19         and installation of lawn storage buildings and

20         storage sheds; amending s. 553.73, F.S.;

21         specifying certain codes from the International

22         Code Congress and the International Code

23         Council as foundation codes for the updated

24         Florida Building Code; providing requirements

25         for amendments to the foundation codes;

26         providing for the incorporation of certain

27         statements, decisions, and amendments into the

28         Florida Building Code; providing a timeframe

29         for rule updates to the Florida Building Code

30         to become effective; adding a requirement for

31         technical amendments to the Florida Building

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 1         Code; providing requirements for the Florida

 2         Building Commission in reviewing code

 3         amendments; providing an exception;

 4         incorporating by reference certain standards

 5         for unvented conditioned attic assemblies;

 6         amending s. 553.74, F.S.; revising the

 7         appointment of members to the Florida Building

 8         Commission; amending s. 553.77, F.S.; revising

 9         duties of the Florida Building Commission;

10         authorizing local building departments or other

11         entities to approve changes to an approved

12         building plan; prohibiting a commission member

13         from voting or taking action on matters of a

14         personal or financial interest to the member;

15         deleting requirements that the commission hear

16         certain appeals and issue declaratory

17         statements; creating s. 553.775, F.S.;

18         providing legislative intent with respect to

19         the interpretation of the Florida Building

20         Code; providing for the commission to resolve

21         disputes regarding interpretations of the code;

22         requiring the commission to review decisions of

23         local building officials and local enforcement

24         agencies; providing for publication of an

25         interpretation on the Building Code Information

26         System and in the Florida Administrative

27         Weekly; authorizing the commission to adopt a

28         fee; amending s. 553.79, F.S.; exempting

29         truss-placement plans from certain

30         requirements; amending s. 553.791, F.S.;

31         clarifying a definition; expanding

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    Florida Senate - 2005                            CS for SB 442
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 1         authorization to use private providers to

 2         provide building code inspection services;

 3         including fee owner contractors within such

 4         authorization; revising notice requirements for

 5         using private providers; revising procedures

 6         for issuing permits; providing requirements for

 7         representatives of private providers; providing

 8         for waiver of certain inspection records

 9         requirements under certain circumstances;

10         requiring that issuance of stop-work orders be

11         pursuant to law; providing for establishment of

12         a registration system for private providers and

13         authorized representatives of private providers

14         for licensure compliance purposes; preserving

15         authority to issue emergency stop-work orders;

16         revising insurance requirements for private

17         providers; specifying conditions for proceeding

18         with building work; amending s. 553.80, F.S.;

19         authorizing local governments to impose certain

20         fees for code enforcement; providing

21         requirements and limitations; conforming a

22         cross-reference; requiring the commission to

23         expedite adoption and implementation of the

24         existing state building code as part of the

25         Florida Building Code pursuant to limited

26         procedures; exempting certain buildings of the

27         Department of Agriculture and Consumer Services

28         from local permitting requirements, review, or

29         fees; amending s. 120.80, F.S.; authorizing the

30         Florida Building Commission to conduct

31         proceedings to review decisions of local

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 1         officials; amending s. 553.841, F.S.; revising

 2         provisions governing the Building Code Training

 3         Program; creating the Building Code Education

 4         and Outreach Council to coordinate, develop,

 5         and ensure enforcement of the Florida Building

 6         Code; providing for membership, terms of

 7         office, and meetings; providing duties of the

 8         council; requiring Building A Safer Florida,

 9         Inc., to provide administrative support for the

10         council; requiring the council to develop a

11         core curriculum and equivalency test for

12         specified licensees; providing for the use of

13         funds by the council; repealing s. 553.8413,

14         F.S., relating to the Education Technical

15         Advisory Committee; amending s. 553.842, F.S.;

16         providing for products to be approved for

17         statewide use; deleting an obsolete date;

18         deleting a provision requiring the commission

19         to adopt certain criteria for local program

20         verification and validation by rule; providing

21         for validation of certain products by

22         inspection of the certification mark or

23         listing; adding an evaluation entity to the

24         list of entities specifically approved by the

25         commission; deleting a requirement that the

26         commission establish a schedule for adopting

27         rules relating to product approvals under

28         certain circumstances; creating s. 633.026,

29         F.S.; requiring that the State Fire Marshal

30         establish by rule a process for rendering

31         nonbinding interpretations of the Florida Fire

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 1         Prevention Code; authorizing the State Fire

 2         Marshal to enter into contracts and refer

 3         interpretations to a nonprofit organization;

 4         providing for the interpretations to be

 5         advisory; providing for funding the program

 6         from the Insurance Regulatory Trust Fund;

 7         providing requirements for local product

 8         approval of products or systems of

 9         construction; specifying methods for

10         demonstrating compliance with the structural

11         windload requirements of the Florida Building

12         Code; providing for certification to be issued

13         by a professional engineer or registered

14         architect; providing for audits under a quality

15         assurance program and other types of

16         certification; providing that changes to the

17         Florida Building Code do not void the approval

18         of previously installed products; providing an

19         effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Subsections (3) and (4) of section 215.559,

24  Florida Statutes, are amended, present subsections (5), (6),

25  and (7) of that section are redesignated as subsections (6),

26  (7), and (8), respectively, and a new subsection (5) is added

27  to that section, to read:

28         215.559  Hurricane Loss Mitigation Program.--

29         (3)  Forty percent of the total appropriation in

30  paragraph (2)(a) shall be used to inspect and improve

31  tie-downs for mobile homes. Within 30 days after the effective

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 1  date of that appropriation, the department shall contract with

 2  a public higher educational institution in this state which

 3  has previous experience in administering the programs set

 4  forth in this subsection to serve as the administrative entity

 5  and fiscal agent pursuant to s. 216.346 for the purpose of

 6  administering the programs set forth in this subsection in

 7  accordance with established policy and procedures. The

 8  administrative entity working with the advisory council set up

 9  under subsection (6) (5) shall develop a list of mobile home

10  parks and counties that may be eligible to participate in the

11  tie-down program.

12         (4)  Of moneys provided to the Department of Community

13  Affairs in paragraph (2)(a), 10 percent shall be allocated to

14  a Type I Center within the State University System dedicated

15  to hurricane research. The Type I Center shall develop a

16  preliminary work plan approved by the advisory council set

17  forth in subsection (6) (5) to eliminate the state and local

18  barriers to upgrading existing mobile homes and communities,

19  research and develop a program for the recycling of existing

20  older mobile homes, and support programs of research and

21  development relating to hurricane loss reduction devices and

22  techniques for site-built residences. The State University

23  System also shall consult with the Department of Community

24  Affairs and assist the department with the report required

25  under subsection (8) (7).

26         (5)  Fifteen percent of the total appropriation in

27  paragraph (2)(a) shall be used for education awareness

28  concerning the Florida Building Code and the operation of the

29  disaster contractors network. Not more than 30 days after the

30  effective date of each subsequent appropriation, the

31  Department of Community Affairs shall contract with a

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 1  nonprofit tax-exempt entity having prior contracting

 2  experience with building code training, development, and

 3  coordination and whose membership is representative of all of

 4  the statewide construction and design licensee associations.

 5  The entity shall allocate 20 percent of these resources to the

 6  disaster contractors network for the education of the

 7  construction industry and hurricane response if needed to

 8  coordinate the industry in the event of a natural disaster.

 9  The entity shall allocate 20 percent of these resources to the

10  largest residential construction trade show in the state for

11  the education of the residential construction industry on

12  building code and mitigation issues. The remaining resources

13  shall be used by the entity for outreach building code

14  activities after consultation with the building code program

15  under the Florida Building Commission as provided for in s.

16  553.841.

17         Section 2.  Paragraph (a) of subsection (3) of section

18  489.537, Florida Statutes, is amended to read:

19         489.537  Application of this part.--

20         (3)  Nothing in this act limits the power of a

21  municipality or county:

22         (a)  To regulate the quality and character of work

23  performed by contractors through a system of permits, fees,

24  and inspections which is designed to secure compliance with,

25  and aid in the implementation of, state and local building

26  laws or to enforce other local laws for the protection of the

27  public health and safety. However, a certified alarm system

28  contractor or certified electrical contractor is not subject

29  to any additional certification or licensure requirements that

30  are not required by this part.

31  

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 1         Section 3.  Subsection (3) of section 553.37, Florida

 2  Statutes, is amended to read:

 3         553.37  Rules; inspections; and insignia.--

 4         (3)  All manufactured buildings issued and bearing

 5  insignia of approval pursuant to subsection (2) shall be

 6  deemed to comply with the Florida Building Code and are exempt

 7  from local amendments enacted by any local government. Lawn

 8  storage buildings and storage sheds not exceeding 200 square

 9  feet and bearing the insignia of approval of the department

10  may be delivered and installed without need of a contractor's

11  license or specialty license.

12         Section 4.  Subsection (2), paragraph (c) of subsection

13  (4), subsection (6), and paragraphs (a) and (c) of subsection

14  (7) of section 553.73, Florida Statutes, are amended, and

15  subsection (12) is added to that section, to read:

16         553.73  Florida Building Code.--

17         (2)  The Florida Building Code shall contain provisions

18  or requirements for public and private buildings, structures,

19  and facilities relative to structural, mechanical, electrical,

20  plumbing, energy, and gas systems, existing buildings,

21  historical buildings, manufactured buildings, elevators,

22  coastal construction, lodging facilities, food sales and food

23  service facilities, health care facilities, including assisted

24  living facilities, adult day care facilities, and facilities

25  for the control of radiation hazards, public or private

26  educational facilities, swimming pools, and correctional

27  facilities and enforcement of and compliance with such

28  provisions or requirements. Further, the Florida Building Code

29  must provide for uniform implementation of ss. 515.25, 515.27,

30  and 515.29 by including standards and criteria for residential

31  swimming pool barriers, pool covers, latching devices, door

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    Florida Senate - 2005                            CS for SB 442
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 1  and window exit alarms, and other equipment required therein,

 2  which are consistent with the intent of s. 515.23. With

 3  respect to the exit alarm provision from all doors and windows

 4  providing direct access from the home to the pool, as

 5  specified in ss. 515.25(4) and 515.27(1), such alarm must be

 6  of the battery-powered, hard-wired, or plug-in type. Technical

 7  provisions to be contained within the Florida Building Code

 8  are restricted to requirements related to the types of

 9  materials used and construction methods and standards employed

10  in order to meet criteria specified in the Florida Building

11  Code. Provisions relating to the personnel, supervision or

12  training of personnel, or any other professional qualification

13  requirements relating to contractors or their workforce may

14  not be included within the Florida Building Code, and

15  subsections (4), (5), (6), and (7) are not to be construed to

16  allow the inclusion of such provisions within the Florida

17  Building Code by amendment. This restriction applies to both

18  initial development and amendment of the Florida Building

19  Code.

20         (4)

21         (c)  Any amendment adopted by a local enforcing agency

22  pursuant to this subsection shall not apply to state or school

23  district owned buildings, manufactured buildings or

24  factory-built school buildings approved by the commission, or

25  prototype buildings approved pursuant to s. 553.77(3)(5). The

26  respective responsible entities shall consider the physical

27  performance parameters substantiating such amendments when

28  designing, specifying, and constructing such exempt buildings.

29         (6)(a)  The commission, by rule adopted pursuant to ss.

30  120.536(1) and 120.54, shall update the Florida Building Code

31  every 3 years. When updating the Florida Building Code, the

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    Florida Senate - 2005                            CS for SB 442
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 1  commission shall select the most current version of the

 2  International Building Code, the International Fuel Gas Code,

 3  the International Mechanical Code, the International Plumbing

 4  Code, the International Residential Code, the International

 5  Code Council Electrical Code, and the federal code regarding

 6  noise contour lines, all of which are adopted by the

 7  International Code Council, to form the foundation codes of

 8  the updated Florida Building Code, if the version has been

 9  adopted by the International Code Council and made available

10  to the public at least 6 months prior to its selection by the

11  commission.

12         (b)  The commission may modify any portion of the

13  foundation codes only as needed to accommodate the specific

14  needs of this state. Standards or criteria referenced by such

15  codes shall be incorporated by reference. If a referenced

16  standard or criterion requires amplification or modification

17  to be appropriate for use in this state, only the

18  amplification or modification shall be set forth in the

19  Florida Building Code. The commission may approve technical

20  amendments to the updated Florida Building Code after the

21  amendments have been subject to the conditions set forth in

22  paragraphs (3)(a)-(d). Amendments to the foundation codes

23  which are adopted in accordance with this subsection shall be

24  clearly marked in printed versions of the Florida Building

25  Code so that the fact that the provisions are Florida-specific

26  amendments to the foundation codes is readily apparent.

27  consider changes made by the adopting entity of any selected

28  model code for any model code incorporated into the Florida

29  Building Code, and may subsequently adopt the new edition or

30  successor of the model code or any part of such code, no

31  sooner than 6 months after such model code has been adopted by

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 1  the adopting organization, which may then be modified for this

 2  state as provided in this section, and

 3         (c)  The commission shall further consider the

 4  commission's own interpretations, declaratory statements,

 5  appellate decisions, and approved statewide and local

 6  technical amendments and shall incorporate such

 7  interpretations, statements, decisions, and amendments into

 8  the updated Florida Building Code only to the extent that they

 9  are needed to modify the foundation codes to accommodate the

10  specific needs of the state. A change made by an institute or

11  standards organization to any standard or criterion that is

12  adopted by reference in the Florida Building Code does not

13  become effective statewide until it has been adopted by the

14  commission. Furthermore, the edition of the Florida Building

15  Code which is in effect on the date of application for any

16  permit authorized by the code governs the permitted work for

17  the life of the permit and any extension granted to the

18  permit.

19         (d)  A rule updating the Florida Building Code in

20  accordance with this subsection shall take effect no sooner

21  than 6 months after publication of the updated code.  Any

22  amendment to the Florida Building Code which is adopted upon a

23  finding by the commission that the amendment is necessary to

24  protect the public from immediate threat of harm takes effect

25  immediately.

26         (7)(a)  The commission may approve technical amendments

27  to the Florida Building Code once each year for statewide or

28  regional application upon a finding that the amendment:

29         1.  Is needed in order to accommodate the specific

30  needs of this state.

31  

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 1         2.1.  Has a reasonable and substantial connection with

 2  the health, safety, and welfare of the general public.

 3         3.2.  Strengthens or improves the Florida Building

 4  Code, or in the case of innovation or new technology, will

 5  provide equivalent or better products or methods or systems of

 6  construction.

 7         4.3.  Does not discriminate against materials,

 8  products, methods, or systems of construction of demonstrated

 9  capabilities.

10         5.4.  Does not degrade the effectiveness of the Florida

11  Building Code.

12  

13  Furthermore, the Florida Building Commission may approve

14  technical amendments to the code once each year to incorporate

15  into the Florida Building Code its own interpretations of the

16  code which are embodied in its opinions, final orders, and

17  declaratory statements, and interpretations of hearing officer

18  panels under s. 553.775(3)(c), but shall do so only to the

19  extent that incorporation of interpretations is needed to

20  modify the foundation codes to accommodate the specific needs

21  of this state. Amendments approved under this paragraph shall

22  be adopted by rule pursuant to ss. 120.536(1) and 120.54,

23  after the amendments have been subjected to the provisions of

24  subsection (3).

25         (c)  The commission may not approve any proposed

26  amendment that does not accurately and completely address all

27  requirements for amendment which are set forth in this

28  section. The commission shall require all proposed amendments

29  and information submitted with proposed amendments to be

30  reviewed by commission staff prior to consideration by any

31  technical advisory committee. These reviews shall be for

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 1  sufficiency only and are not intended to be qualitative in

 2  nature. Staff members shall reject any proposed amendment that

 3  fails to include a fiscal impact statement providing

 4  information responsive to all criteria identified. Proposed

 5  amendments rejected by members of the staff may not be

 6  considered by the commission or any technical advisory

 7  committee.

 8         (12)  Notwithstanding any other provision of this

 9  section, the permitted standards and conditions for unvented

10  conditioned attic assemblies in the International Residential

11  Code are incorporated by reference as an authorized

12  alternative in the Florida Building Code. The commission shall

13  incorporate such permitted standards and conditions in the

14  Florida Building Code by rule as provided in this section.

15  However, the effectiveness of such permitted standards and

16  conditions shall not be delayed in adopting pending rules.

17  This subsection is repealed upon the adoption of such

18  permitted standards and conditions by rule as an authorized

19  alternative in the Florida Building Code.

20         (13)  For type "S" buildings, as defined in the Florida

21  Building Code, all space under mezzanines, both enclosed and

22  not enclosed, shall be included in the determination of the

23  size of the room or space in which the mezzanine is located. A

24  mezzanine may not exceed one-third of the room or space in

25  which it is located. The fee owner or the fee owner's

26  architect may elect, but may not be required by rule or

27  action, to have mezzanines that are less than one-third of the

28  room or space in which they are located. The requirements of

29  this subsection apply retroactively to January 1, 2001.

30         (14)  Travel distance from all floor areas, including

31  the most remote point of the mezzanine shall comply with Table

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 1  1004 of the Florida Building Code, chapter 10, s. 1005, Table

 2  1004. A single unenclosed stair is permitted for mezzanines if

 3  the criteria of the Florida Building Code, chapter 10, s.

 4  1005.7.1 and Table 1005.7 travel distance is not exceed from

 5  the most remote point of the mezzanine to a point where there

 6  is a choice of more than one means of egress and the limits of

 7  Table 1004 are met. The requirements of this subsection shall

 8  take effect upon this act becoming law.

 9         Section 5.  Subsection (1) of section 553.74, Florida

10  Statutes, is amended to read:

11         553.74  Florida Building Commission.--

12         (1)  The Florida Building Commission is created and

13  shall be located within the Department of Community Affairs

14  for administrative purposes. Members shall be appointed by the

15  Governor subject to confirmation by the Senate. The Governor

16  shall appoint commission members from lists of candidates

17  submitted by the respective professional organizations or may

18  appoint any other person otherwise qualified according to this

19  section. The commission shall be composed of 23 members,

20  consisting of the following:

21         (a)  One architect registered to practice in this state

22  and actively engaged in the profession from a list of three

23  candidates provided by the American Institute of Architecture,

24  Florida Section.

25         (b)  One structural engineer registered to practice in

26  this state and actively engaged in the profession from a list

27  of three candidates provided by the Florida Engineering

28  Society.

29         (c)  One air-conditioning or mechanical contractor

30  certified to do business in this state and actively engaged in

31  the profession from a list of three candidates provided by the

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 1  Florida Air Conditioning Contractors Association, the Florida

 2  Refrigeration and Air Conditioning Contractors Association,

 3  and the Mechanical Contractors Association of Florida.

 4         (d)  One electrical contractor certified to do business

 5  in this state and actively engaged in the profession from a

 6  list of two candidates, one provided by the Florida

 7  Association of Electrical Contractors and one provided by the

 8  National Electrical Contractors Association, Florida Chapter.

 9         (e)  One member from fire protection engineering or

10  technology who is actively engaged in the profession from a

11  list of three candidates provided by the Florida Fire

12  Protection Engineers Society, the Florida Fire Marshals and

13  Inspectors Association, and the Florida Fire Chiefs

14  Association.

15         (f)  One general contractor certified to do business in

16  this state and actively engaged in the profession from a list

17  of three candidates provided by the Associated Builders and

18  Contractors of Florida, the Florida Associated General

19  Contractors Council and the Union Contractors Association.

20         (g)  One plumbing contractor licensed to do business in

21  this state and actively engaged in the profession from a list

22  of three candidates provided by the Florida Association of

23  Plumbing, Heating, and Cooling Contractors.

24         (h)  One roofing or sheet metal contractor certified to

25  do business in this state and actively engaged in the

26  profession from a list of three candidates provided by the

27  Florida Roofing, Sheet Metal, and Air Conditioning Contractors

28  Association and the Sheet Metal and Air Conditioning

29  Contractors National Association.

30         (i)  One residential contractor licensed to do business

31  in this state and actively engaged in the profession from a

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 1  list of three candidates provided by the Florida Home Builders

 2  Association.

 3         (j)  Three members who are municipal or district codes

 4  enforcement officials, two of whom shall be from a list of

 5  four candidates provided by the Building Officials Association

 6  of Florida and one of whom is also a fire official from a list

 7  of three candidates provided by the Florida Fire Marshals and

 8  Inspectors Association.

 9         (k)  One member who represents the Department of

10  Financial Services.

11         (l)  One member who is a county codes enforcement

12  official from a list of three candidates provided by the

13  Building Officials Association of Florida.

14         (m)  One member of a Florida-based organization of

15  persons with disabilities or a nationally chartered

16  organization of persons with disabilities with chapters in

17  this state.

18         (n)  One member of the manufactured buildings industry

19  who is licensed to do business in this state and is actively

20  engaged in the industry from a list of three candidates

21  provided by the Florida Manufactured Housing Association.

22         (o)  One mechanical or electrical engineer registered

23  to practice in this state and actively engaged in the

24  profession from a list of three candidates provided by the

25  Florida Engineering Society.

26         (p)  One member who is a representative of a

27  municipality or a charter county from a list of three

28  candidates provided by the Florida League of Cities and the

29  Florida Association of Counties.

30         (q)  One member of the building products manufacturing

31  industry who is authorized to do business in this state and is

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 1  actively engaged in the industry from a list of three

 2  candidates provided by the Florida Building Materials

 3  Association, the Florida Concrete and Products Association,

 4  and the Fenestration Manufacturers Association.

 5         (r)  One member who is a representative of the building

 6  owners and managers industry who is actively engaged in

 7  commercial building ownership or management from a list of

 8  three candidates provided by the Building Owners and Managers

 9  Association.

10         (s)  One member who is a representative of the

11  insurance industry from a list of three candidates provided by

12  the Florida Insurance Council.

13         (t)  One member who is a representative of K-12 public

14  education who is actively involved as an administrator in the

15  construction of school facilities.

16         (u)  One member who shall be the chair.

17  

18  Any person serving on the commission under paragraph (c) or

19  paragraph (h) on October 1, 2003, and who has served less than

20  two full terms is eligible for reappointment to the commission

21  regardless of whether he or she meets the new qualification.

22         Section 6.  Section 553.77, Florida Statutes, is

23  amended to read:

24         553.77  Specific powers of the commission.--

25         (1)  The commission shall:

26         (a)  Adopt and update the Florida Building Code or

27  amendments thereto, pursuant to ss. 120.536(1) and 120.54.

28         (b)  Make a continual study of the operation of the

29  Florida Building Code and other laws relating to the design,

30  construction, erection, alteration, modification, repair, or

31  demolition of public or private buildings, structures, and

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 1  facilities, including manufactured buildings, and code

 2  enforcement, to ascertain their effect upon the cost of

 3  building construction and determine the effectiveness of their

 4  provisions. Upon updating the Florida Building Code every 3

 5  years, the commission shall review existing provisions of law

 6  and make recommendations to the Legislature for the next

 7  regular session of the Legislature regarding provisions of law

 8  that should be revised or repealed to ensure consistency with

 9  the Florida Building Code at the point the update goes into

10  effect. State agencies and local jurisdictions shall provide

11  such information as requested by the commission for evaluation

12  of and recommendations for improving the effectiveness of the

13  system of building code laws for reporting to the Legislature

14  annually. Failure to comply with this or other requirements of

15  this act must be reported to the Legislature for further

16  action. Any proposed legislation providing for the revision or

17  repeal of existing laws and rules relating to technical

18  requirements applicable to building structures or facilities

19  should expressly state that such legislation is not intended

20  to imply any repeal or sunset of existing general or special

21  laws governing any special district that are not specifically

22  identified in the legislation.

23         (c)  Upon written application by any substantially

24  affected person or a local enforcement agency, issue

25  declaratory statements pursuant to s. 120.565 relating to new

26  technologies, techniques, and materials which have been tested

27  where necessary and found to meet the objectives of the

28  Florida Building Code. This paragraph does not apply to the

29  types of products, materials, devices, or methods of

30  construction required to be approved under paragraph (f) (i).

31  

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 1         (d)  Upon written application by any substantially

 2  affected person, state agency, or a local enforcement agency,

 3  issue declaratory statements pursuant to s. 120.565 relating

 4  to the enforcement or administration by local governments of

 5  the Florida Building Code. Paragraph (h) provides the

 6  exclusive remedy for addressing local interpretations of the

 7  code.

 8         (e)  When requested in writing by any substantially

 9  affected person, state agency, or a local enforcing agency,

10  shall issue declaratory statements pursuant to s. 120.565

11  relating to this part and ss. 515.25, 515.27, 515.29, and

12  515.37.  Actions of the commission are subject to judicial

13  review pursuant to s. 120.68.

14         (d)(f)  Make recommendations to, and provide assistance

15  upon the request of, the Florida Commission on Human Relations

16  regarding rules relating to accessibility for persons with

17  disabilities.

18         (e)(g)  Participate with the Florida Fire Code Advisory

19  Council created under s. 633.72, to provide assistance and

20  recommendations relating to firesafety code interpretations.

21  The administrative staff of the commission shall attend

22  meetings of the Florida Fire Code Advisory Council and

23  coordinate efforts to provide consistency between the Florida

24  Building Code and the Florida Fire Prevention Code and the

25  Life Safety Code.

26         (h)  Hear appeals of the decisions of local boards of

27  appeal regarding interpretation decisions of local building

28  officials, or if no local board exists, hear appeals of

29  decisions of the building officials regarding interpretations

30  of the code.  For such appeals:

31  

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 1         1.  Local decisions declaring structures to be unsafe

 2  and subject to repair or demolition shall not be appealable to

 3  the commission if the local governing body finds there is an

 4  immediate danger to the health and safety of its citizens.

 5         2.  All appeals shall be heard in the county of the

 6  jurisdiction defending the appeal.

 7         3.  Hearings shall be conducted pursuant to chapter 120

 8  and the uniform rules of procedure, and decisions of the

 9  commission are subject to judicial review pursuant to s.

10  120.68.

11         (f)(i)  Determine the types of products which may be

12  approved by the commission requiring approval for local or

13  statewide use and shall provide for the evaluation and

14  approval of such products, materials, devices, and method of

15  construction for statewide use. The commission may prescribe

16  by rule a schedule of reasonable fees to provide for

17  evaluation and approval of products, materials, devices, and

18  methods of construction. Evaluation and approval shall be by

19  action of the commission or delegated pursuant to s. 553.842.

20  This paragraph does not apply to products approved by the

21  State Fire Marshal.

22         (g)(j)  Appoint experts, consultants, technical

23  advisers, and advisory committees for assistance and

24  recommendations relating to the major areas addressed in the

25  Florida Building Code.

26         (h)(k)  Establish and maintain a mutual aid program,

27  organized through the department, to provide an efficient

28  supply of various levels of code enforcement personnel, design

29  professionals, commercial property owners, and construction

30  industry individuals, to assist in the rebuilding effort in an

31  

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 1  area which has been hit with disaster.  The program shall

 2  include provisions for:

 3         1.  Minimum postdisaster structural, electrical, and

 4  plumbing inspections and procedures.

 5         2.  Emergency permitting and inspection procedures.

 6         3.  Establishing contact with emergency management

 7  personnel and other state and federal agencies.

 8         (i)(l)  Maintain a list of interested parties for

 9  noticing rulemaking workshops and hearings, disseminating

10  information on code adoption, revisions, amendments, and all

11  other such actions which are the responsibility of the

12  commission.

13         (j)(m)  Coordinate with the state and local

14  governments, industry, and other affected stakeholders in the

15  examination of legislative provisions and make recommendations

16  to fulfill the responsibility to develop a consistent, single

17  code.

18         (k)(n)  Provide technical assistance to local building

19  departments in order to implement policies, procedures, and

20  practices which would produce the most cost-effective property

21  insurance ratings.

22         (l)(o)  Develop recommendations for local governments

23  to use when pursuing partial or full privatization of building

24  department functions. The recommendations shall include, but

25  not be limited to, provisions relating to equivalency of

26  service, conflict of interest, requirements for competency,

27  liability, insurance, and long-term accountability.

28         (2)  Upon written application by any substantially

29  affected person, the commission shall issue a declaratory

30  statement pursuant to s. 120.565 relating to a state agency's

31  interpretation and enforcement of the specific provisions of

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 1  the Florida Building Code the agency is authorized to enforce.

 2  The provisions of this subsection shall not be construed to

 3  provide any powers, other than advisory, to the commission

 4  with respect to any decision of the State Fire Marshal made

 5  pursuant to the provisions of chapter 633.

 6         (3)  The commission may designate a commission member

 7  with demonstrated expertise in interpreting building plans to

 8  attend each meeting of the advisory council created in s.

 9  553.512.  The commission member may vary from meeting to

10  meeting, shall serve on the council in a nonvoting capacity,

11  and shall receive per diem and expenses as provided in s.

12  553.74(3).

13         (2)(4)  For educational and public information

14  purposes, the commission shall develop and publish an

15  informational and explanatory document which contains

16  descriptions of the roles and responsibilities of the licensed

17  design professional, residential designer, contractor, and

18  local building and fire code officials. The State Fire Marshal

19  shall be responsible for developing and specifying roles and

20  responsibilities for fire code officials. Such document may

21  also contain descriptions of roles and responsibilities of

22  other participants involved in the building codes system.

23         (3)(5)  The commission may provide by rule for plans

24  review and approval of prototype buildings owned by public and

25  private entities to be replicated throughout the state. The

26  rule must allow for review and approval of plans and changes

27  to approved plans for prototype buildings to be performed by a

28  public or private entity with oversight by the commission. The

29  department may charge reasonable fees to cover the

30  administrative costs of the program. Such approved plans or

31  prototype buildings shall be exempt from further review

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 1  required by s. 553.79(2), except changes to the prototype

 2  design, site plans, and other site-related items. Changes to

 3  an approved plan may be approved by the local building

 4  department or by the public or private entity that approved

 5  the plan. As provided in s. 553.73, prototype buildings are

 6  exempt from any locally adopted amendment to any part of the

 7  Florida Building Code. Construction or erection of such

 8  prototype buildings is subject to local permitting and

 9  inspections pursuant to this part.

10         (4)(6)  The commission may produce and distribute a

11  commentary document to accompany the Florida Building Code.

12  The commentary must be limited in effect to providing

13  technical assistance and must not have the effect of binding

14  interpretations of the code document itself.

15         (5)  If a member of the commission has a present or

16  potential personal or financial interest in the outcome of a

17  vote or other action of the commission, the member shall

18  abstain from voting or taking action on the matter.

19         (7)  The commission shall by rule establish an informal

20  process of rendering nonbinding interpretations of the Florida

21  Building Code.  The commission is specifically authorized to

22  refer interpretive issues to organizations that represent

23  those engaged in the construction industry.  The commission is

24  directed to immediately implement the process prior to the

25  completion of formal rulemaking.  It is the intent of the

26  Legislature that the commission create a process to refer

27  questions to a small, rotating group of individuals licensed

28  under part XII of chapter 468, to which a party can pose

29  questions regarding the interpretation of code provisions.  It

30  is the intent of the Legislature that the process provide for

31  the expeditious resolution of the issues presented and

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 1  publication of the resulting interpretation on the Building

 2  Code Information System.  Such interpretations are to be

 3  advisory only and nonbinding on the parties or the commission.

 4         Section 7.  Section 553.775, Florida Statutes, is

 5  created to read:

 6         553.775  Interpretations.--

 7         (1)  It is the intent of the Legislature that the

 8  Florida Building Code be interpreted by building officials,

 9  local enforcement agencies, and the commission in a manner

10  that protects the public safety, health, and welfare at the

11  most reasonable cost to the consumer by ensuring uniform

12  interpretations throughout the state and by providing

13  processes for resolving disputes regarding interpretations of

14  the Florida Building Code which are just and expeditious.

15         (2)  Local enforcement agencies, local building

16  officials, state agencies, and the commission shall interpret

17  provisions of the Florida Building Code in a manner that is

18  consistent with declaratory statements and interpretations

19  entered by the commission, except that conflicts between the

20  Florida Fire Prevention Code and the Florida Building Code

21  shall be resolved in accordance with s. 553.73(9)(c) and (d).

22         (3)  The following procedures may be invoked regarding

23  interpretations of the Florida Building Code:

24         (a)  Upon written application by any substantially

25  affected person or state agency or by a local enforcement

26  agency, the commission shall issue declaratory statements

27  pursuant to s. 120.565 relating to the enforcement or

28  administration by local governments of the Florida Building

29  Code.

30         (b)  When requested in writing by any substantially

31  affected person or state agency or by a local enforcement

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 1  agency, the commission shall issue a declaratory statement

 2  pursuant to s. 120.565 relating to this part and ss. 515.25,

 3  515.27, 515.29, and 515.37. Actions of the commission are

 4  subject to judicial review under s. 120.68.

 5         (c)  The commission shall review decisions of local

 6  building officials and local enforcement agencies regarding

 7  interpretations of the Florida Building Code after the local

 8  board of appeals has considered the decision, if such board

 9  exists, and if such appeals process is concluded within 10

10  business days.

11         1.  The commission shall coordinate with the Building

12  Officials Association of Florida, Inc., to designate panels

13  composed of five members to hear requests to review decisions

14  of local building officials. The members must be licensed as

15  building code administrators under part XII of chapter 468 and

16  must have experience interpreting and enforcing provisions of

17  the Florida Building Code.

18         2.  Requests to review a decision of a local building

19  official interpreting provisions of the Florida Building Code

20  may be initiated by any substantially affected person,

21  including an owner or builder subject to a decision of a local

22  building official or an association of owners or builders

23  having members who are subject to a decision of a local

24  building official. In order to initiate review, the

25  substantially affected person must file a petition with the

26  commission. The commission shall adopt a form for the

27  petition, which shall be published on the Building Code

28  Information System. The form shall, at a minimum, require the

29  following:

30  

31  

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 1         a.  The name and address of the county or municipality

 2  in which provisions of the Florida Building Code are being

 3  interpreted.

 4         b.  The name and address of the local building official

 5  who has made the interpretation being appealed.

 6         c.  The name, address, and telephone number of the

 7  petitioner; the name, address, and telephone number of the

 8  petitioner's representative, if any; and an explanation of how

 9  the petitioner's substantial interests are being affected by

10  the local interpretation of the Florida Building Code.

11         d.  A statement of the provisions of the Florida

12  Building Code which are being interpreted by the local

13  building official.

14         e.  A statement of the interpretation given to

15  provisions of the Florida Building Code by the local building

16  official and the manner in which the interpretation was

17  rendered.

18         f.  A statement of the interpretation that the

19  petitioner contends should be given to the provisions of the

20  Florida Building Code and a statement supporting the

21  petitioner's interpretation.

22         g.  Space for the local building official to respond in

23  writing. The space shall, at a minimum, require the local

24  building official to respond by providing a statement

25  admitting or denying the statements contained in the petition

26  and a statement of the interpretation of the provisions of the

27  Florida Building Code which the local jurisdiction or the

28  local building official contends is correct, including the

29  basis for the interpretation.

30         3.  The petitioner shall submit the petition to the

31  local building official, who shall place the date of receipt

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 1  on the petition. The local building official shall respond to

 2  the petition in accordance with the form and shall return the

 3  petition along with his or her response to the petitioner

 4  within 5 days after receipt, exclusive of Saturdays, Sundays,

 5  and legal holidays. The petitioner may file the petition with

 6  the commission at any time after the local building official

 7  provides a response. If no response is provided by the local

 8  building official, the petitioner may file the petition with

 9  the commission 10 days after submission of the petition to the

10  local building official and shall note that the local building

11  official did not respond.

12         4.  Upon receipt of a petition that meets the

13  requirements of subparagraph 2., the commission shall

14  immediately provide copies of the petition to a panel, and the

15  commission shall publish the petition, including any response

16  submitted by the local building official, on the Building Code

17  Information System in a manner that allows interested persons

18  to address the issues by posting comments.

19         5.  The panel shall conduct proceedings as necessary to

20  resolve the issues; shall give due regard to the petitions,

21  the response, and to comments posed on the Building Code

22  Information System; and shall issue an interpretation

23  regarding the provisions of the Florida Building Code within

24  21 days after the filing of the petition. The panel shall

25  render a determination based upon the Florida Building Code

26  or, if the code is ambiguous, the intent of the code. The

27  panel's interpretation shall be provided to the commission,

28  which shall publish the interpretation on the Building Code

29  Information System and in the Florida Administrative Weekly.

30  The interpretation shall be considered an interpretation

31  entered by the commission, and shall be binding upon the

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 1  parties and upon all jurisdictions subject to the Florida

 2  Building Code, unless it is superseded by a declaratory

 3  statement issued by the Florida Building Commission or by a

 4  final order entered after an appeal proceeding conducted in

 5  accordance with subparagraph 7.

 6         6.  It is the intent of the Legislature that review

 7  proceedings be completed within 21 days after the date that a

 8  petition seeking review is filed with the commission, and the

 9  time periods set forth in this paragraph may be waived only

10  upon consent of all parties.

11         7.  Any substantially affected person may appeal an

12  interpretation rendered by a hearing officer panel by filing a

13  petition with the commission. Such appeals shall be initiated

14  in accordance with chapter 120 and the uniform rules of

15  procedure and must be filed within 30 days after publication

16  of the interpretation on the Building Code Information System

17  or in the Florida Administrative Weekly. Hearings shall be

18  conducted pursuant to chapter 120 and the uniform rules of

19  procedure. Decisions of the commission are subject to judicial

20  review pursuant to s. 120.68. The final order of the

21  commission is binding upon the parties and upon all

22  jurisdictions subject to the Florida Building Code.

23         8.  The burden of proof in any proceeding initiated in

24  accordance with subparagraph 7. is on the party who initiated

25  the appeal.

26         9.  In any review proceeding initiated in accordance

27  with this paragraph, including any proceeding initiated in

28  accordance with subparagraph 7., the fact that an owner or

29  builder has proceeded with construction may not be grounds for

30  determining an issue to be moot if the issue is one that is

31  likely to arise in the future.

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 1  

 2  This paragraph provides the exclusive remedy for addressing

 3  requests to review local interpretations of the code and

 4  appeals from review proceedings.

 5         (d)  Local decisions declaring structures to be unsafe

 6  and subject to repair or demolition are not subject to review

 7  under this subsection and may not be appealed to the

 8  commission if the local governing body finds that there is an

 9  immediate danger to the health and safety of the public.

10         (e)  Upon written application by any substantially

11  affected person, the commission shall issue a declaratory

12  statement pursuant to s. 120.565 relating to an agency's

13  interpretation and enforcement of the specific provisions of

14  the Florida Building Code which the agency is authorized to

15  enforce. This subsection does not provide any powers, other

16  than advisory, to the commission with respect to any decision

17  of the State Fire Marshal made pursuant to chapter 633.

18         (f)  The commission may designate a commission member

19  who has demonstrated expertise in interpreting building plans

20  to attend each meeting of the advisory council created in s.

21  553.512. The commission member may vary from meeting to

22  meeting, shall serve on the council in a nonvoting capacity,

23  and shall receive per diem and expenses as provided in s.

24  553.74(3).

25         (g)  The commission shall by rule establish an informal

26  process of rendering nonbinding interpretations of the Florida

27  Building Code. The commission is specifically authorized to

28  refer interpretive issues to organizations that represent

29  those engaged in the construction industry. The commission

30  shall immediately implement the process before completing

31  formal rulemaking. It is the intent of the Legislature that

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 1  the commission create a process to refer questions to a small,

 2  rotating group of individuals licensed under part XII of

 3  chapter 468, to which a party may pose questions regarding the

 4  interpretation of code provisions. It is the intent of the

 5  Legislature that the process provide for the expeditious

 6  resolution of the issues presented and publication of the

 7  resulting interpretation on the Building Code Information

 8  System. Such interpretations shall be advisory only and

 9  nonbinding on the parties and the commission.

10         (4)  In order to administer this section, the

11  commission may adopt by rule and impose a fee that may not

12  exceed $50 for each request for a review or interpretation.

13         Section 8.  Subsection (14) of section 553.79, Florida

14  Statutes, is amended to read:

15         553.79  Permits; applications; issuance; inspections.--

16         (14)  Certifications by contractors authorized under

17  the provisions of s. 489.115(4)(b) shall be considered

18  equivalent to sealed plans and specifications by a person

19  licensed under chapter 471 or chapter 481 by local enforcement

20  agencies for plans review for permitting purposes relating to

21  compliance with the wind resistance provisions of the code or

22  alternate methodologies approved by the commission for one and

23  two family dwellings. Local enforcement agencies may rely upon

24  such certification by contractors that the plans and

25  specifications submitted conform to the requirements of the

26  code for wind resistance. Upon good cause shown, local

27  government code enforcement agencies may accept or reject

28  plans sealed by persons licensed under chapter 471, chapter

29  481, or chapter 489. A truss-placement plan is not required to

30  be signed and sealed by an engineer or architect unless

31  

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 1  prepared by an engineer or architect or specifically required

 2  by the Florida Building Code.

 3         Section 9.  Paragraph (f) of subsection (1),

 4  subsections (2) and (4), paragraph (a) of subsection (6), and

 5  subsections (7), (9), (11), (12), (14), (15), and (17) of

 6  section 553.791, Florida Statutes, are amended to read:

 7         553.791  Alternative plans review and inspection.--

 8         (1)  As used in this section, the term:

 9         (f)  "Permit application" means a properly completed

10  and submitted application for:

11         1.  the requested building or construction permit,

12  including:.

13         1.2.  The plans reviewed by the private provider.

14         2.3.  The affidavit from the private provider required

15  pursuant to subsection (5).

16         3.4.  Any applicable fees.

17         4.5.  Any documents required by the local building

18  official to determine that the fee owner has secured all other

19  government approvals required by law.

20         (2)  Notwithstanding any other provision of law or

21  local government ordinance or local policy, the fee owner of a

22  building, or the fee owner's contractor upon written

23  authorization from the fee owner, may choose to use a private

24  provider to provide building code inspection services with

25  regard to such building and may make payment directly to the

26  private provider for the provision of such services. All such

27  services shall be the subject of a written contract between

28  the private provider, or the private provider's firm, and the

29  fee owner. The fee owner may elect to use a private provider

30  to provide either plans review or required building

31  inspections, or both. The local building official, in his or

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 1  her discretion and pursuant to duly adopted policies of the

 2  local enforcement agency, may require the fee owner who

 3  desires to use a private provider to use the private provider

 4  to provide both plans review and required building inspection

 5  services.

 6         (4)  A fee owner or the fee owner's contractor using a

 7  private provider to provide building code inspection services

 8  shall notify the local building official at the time of permit

 9  application, or no less than 7 business days prior to the

10  first scheduled inspection by the local building official or

11  building code enforcement agency for a private provider

12  performing required inspections of construction under this

13  section, on a form to be adopted by the commission. This

14  notice shall include the following information:

15         (a)  The services to be performed by the private

16  provider.

17         (b)  The name, firm, address, telephone number, and

18  facsimile number of each private provider who is performing or

19  will perform such services, his or her professional license or

20  certification number, qualification statements or resumes,

21  and, if required by the local building official, a certificate

22  of insurance demonstrating that professional liability

23  insurance coverage is in place for the private provider's

24  firm, the private provider, and any duly authorized

25  representative in the amounts required by this section.

26         (c)  An acknowledgment from the fee owner in

27  substantially the following form:

28  

29  I have elected to use one or more private providers to provide

30  building code plans review and/or inspection services on the

31  building that is the subject of the enclosed permit

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 1  application, as authorized by s. 553.791, Florida Statutes. I

 2  understand that the local building official may not review the

 3  plans submitted or perform the required building inspections

 4  to determine compliance with the applicable codes, except to

 5  the extent specified in said law. Instead, plans review and/or

 6  required building inspections will be performed by licensed or

 7  certified personnel identified in the application. The law

 8  requires minimum insurance requirements for such personnel,

 9  but I understand that I may require more insurance to protect

10  my interests. By executing this form, I acknowledge that I

11  have made inquiry regarding the competence of the licensed or

12  certified personnel and the level of their insurance and am

13  satisfied that my interests are adequately protected. I agree

14  to indemnify, defend, and hold harmless the local government,

15  the local building official, and their building code

16  enforcement personnel from any and all claims arising from my

17  use of these licensed or certified personnel to perform

18  building code inspection services with respect to the building

19  that is the subject of the enclosed permit application.

20  

21  If the fee owner or the fee owner's contractor makes any

22  changes to the listed private providers or the services to be

23  provided by those private providers, the fee owner or the fee

24  owner's contractor shall, within 1 business day after any

25  change, update the notice to reflect such changes. In

26  addition, the fee owner or the fee owner's contractor shall

27  post at the project site, prior to the commencement of

28  construction and updated within 1 business day after any

29  change, on a form to be adopted by the commission, the name,

30  firm, address, telephone number, and facsimile number of each

31  private provider who is performing or will perform building

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 1  code inspection services, the type of service being performed,

 2  and similar information for the primary contact of the private

 3  provider on the project.

 4         (6)(a)  No more than Within 30 business days after

 5  receipt of a permit application and the affidavit from the

 6  private provider required pursuant to subsection (5), the

 7  local building official shall issue the requested permit or

 8  provide a written notice to the permit applicant identifying

 9  the specific plan features that do not comply with the

10  applicable codes, as well as the specific code chapters and

11  sections. If the local building official does not provide a

12  written notice of the plan deficiencies within the prescribed

13  30-day period, the permit application shall be deemed approved

14  as a matter of law, and the permit shall be issued by the

15  local building official on the next business day.

16         (7)  A private provider performing required inspections

17  under this section shall inspect each phase of construction as

18  required by the applicable codes. The private provider shall

19  be permitted to send a duly authorized representative to the

20  building site to perform the required inspections, provided

21  all required reports and certifications are prepared by and

22  bear the signature of the private provider. The duly

23  authorized representative must be an employee of the private

24  provider entitled to receive unemployment compensation

25  benefits under chapter 443. The contractor's contractual or

26  legal obligations are not relieved by any action of the

27  private provider.

28         (9)  Upon completing the required inspections at each

29  applicable phase of construction, the private provider shall

30  record such inspections on a form acceptable to the local

31  building official. These inspection records shall reflect

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 1  those inspections required by the applicable codes of each

 2  phase of construction for which permitting by a local

 3  enforcement agency is required. The private provider, before

 4  leaving the project site, shall post each completed inspection

 5  record, indicating pass or fail, at the site and provide the

 6  record to the local building official within 2 business days.

 7  The local building official may waive the requirement to

 8  provide a record of each inspection within 2 business days if

 9  the record is posted at the project site and all such

10  inspection records are submitted with the certificate of

11  compliance. Records of all required and completed inspections

12  shall be maintained at the building site at all times and made

13  available for review by the local building official. The

14  private provider shall report to the local enforcement agency

15  any condition that poses an immediate threat to public safety

16  and welfare.

17         (11)  No more than Within 2 business days after receipt

18  of a request for a certificate of occupancy or certificate of

19  completion and the applicant's presentation of a certificate

20  of compliance and approval of all other government approvals

21  required by law, the local building official shall issue the

22  certificate of occupancy or certificate of completion or

23  provide a notice to the applicant identifying the specific

24  deficiencies, as well as the specific code chapters and

25  sections. If the local building official does not provide

26  notice of the deficiencies within the prescribed 2-day period,

27  the request for a certificate of occupancy or certificate of

28  completion shall be deemed granted and the certificate of

29  occupancy or certificate of completion shall be issued by the

30  local building official on the next business day. To resolve

31  any identified deficiencies, the applicant may elect to

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 1  dispute the deficiencies pursuant to subsection (12) or to

 2  submit a corrected request for a certificate of occupancy or

 3  certificate of completion.

 4         (12)  If the local building official determines that

 5  the building construction or plans do not comply with the

 6  applicable codes, the official may deny the permit or request

 7  for a certificate of occupancy or certificate of completion,

 8  as appropriate, or may issue a stop-work order for the project

 9  or any portion thereof as provided by law, if the official

10  determines that such noncompliance poses a threat to public

11  safety and welfare, subject to the following:

12         (a)  The local building official shall be available to

13  meet with the private provider within 2 business days to

14  resolve any dispute after issuing a stop-work order or

15  providing notice to the applicant denying a permit or request

16  for a certificate of occupancy or certificate of completion.

17         (b)  If the local building official and private

18  provider are unable to resolve the dispute, the matter shall

19  be referred to the local enforcement agency's board of

20  appeals, if one exists, which shall consider the matter at its

21  next scheduled meeting or sooner. Any decisions by the local

22  enforcement agency's board of appeals, or local building

23  official if there is no board of appeals, may be appealed to

24  the commission as provided by this chapter pursuant to s.

25  553.77(1)(h).

26         (c)  Notwithstanding any provision of this section, any

27  decisions regarding the issuance of a building permit,

28  certificate of occupancy, or certificate of completion may be

29  reviewed by the local enforcement agency's board of appeals,

30  if one exists. Any decision by the local enforcement agency's

31  board of appeals, or local building official if there is no

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 1  board of appeals, may be appealed to the commission as

 2  provided by this chapter pursuant to s. 553.77(1)(h), which

 3  shall consider the matter at the commission's next scheduled

 4  meeting.

 5         (14)(a)  No local enforcement agency, local building

 6  official, or local government may adopt or enforce any laws,

 7  rules, procedures, policies, qualifications, or standards more

 8  stringent than those prescribed by this section.

 9         (b)  A local enforcement agency, local building

10  official, or local government may establish, for private

11  providers and duly authorized representatives working within

12  that jurisdiction, a system of registration to verify

13  compliance with the licensure requirements of paragraph (1)(g)

14  and the insurance requirements of subsection (15).

15         (c)  Nothing in this section limits the authority of

16  the local building official to issue a stop-work order for a

17  building project or any portion of such order, as provided by

18  law, if the official determines that a condition on the

19  building site constitutes an immediate threat to public safety

20  and welfare.

21         (15)  A private provider may perform building code

22  inspection services under this section only if the private

23  provider maintains insurance for professional and

24  comprehensive general liability with minimum policy limits of

25  $2 $1 million per occurrence for commercial projects and $1

26  million per occurrence for private residential projects

27  covering relating to all services performed as a private

28  provider. If the private provider chooses to secure

29  claims-made coverage to fulfill this requirement, the private

30  provider must also maintain, including tail coverage for a

31  minimum of 5 years subsequent to the performance of building

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 1  code inspection services. Before providing building code

 2  inspection services within a local building official's

 3  jurisdiction, a private provider must provide to the local

 4  building official a certificate of insurance evidencing that

 5  the coverages required under this subsection are in force.

 6         (17)  Each local building code enforcement agency shall

 7  develop and maintain a process to audit the performance of

 8  building code inspection services by private providers

 9  operating within the local jurisdiction. Work on a building

10  may proceed after inspection and approval by a private

11  provider if the provider has given notice of the inspection

12  pursuant to subsection (8) and, subsequent to such inspection

13  and approval, the work may not be delayed for completion of an

14  inspection audit by the local building code enforcement

15  agency.

16         Section 10.  Paragraph (d) of subsection (1) of section

17  553.80, Florida Statutes, is amended, and subsections (7) and

18  (8) are added to that section, to read:

19         553.80  Enforcement.--

20         (1)  Except as provided in paragraphs (a)-(f), each

21  local government and each legally constituted enforcement

22  district with statutory authority shall regulate building

23  construction and, where authorized in the state agency's

24  enabling legislation, each state agency shall enforce the

25  Florida Building Code required by this part on all public or

26  private buildings, structures, and facilities, unless such

27  responsibility has been delegated to another unit of

28  government pursuant to s. 553.79(9).

29         (d)  Building plans approved pursuant to s.

30  553.77(3)(5) and state-approved manufactured buildings,

31  including buildings manufactured and assembled offsite and not

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 1  intended for habitation, such as lawn storage buildings and

 2  storage sheds, are exempt from local code enforcing agency

 3  plan reviews except for provisions of the code relating to

 4  erection, assembly, or construction at the site. Erection,

 5  assembly, and construction at the site are subject to local

 6  permitting and inspections.

 7  

 8  The governing bodies of local governments may provide a

 9  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

10  and this section, for the enforcement of the provisions of

11  this part. Such fees shall be used solely for carrying out the

12  local government's responsibilities in enforcing the Florida

13  Building Code. The authority of state enforcing agencies to

14  set fees for enforcement shall be derived from authority

15  existing on July 1, 1998. However, nothing contained in this

16  subsection shall operate to limit such agencies from adjusting

17  their fee schedule in conformance with existing authority.

18         (7)  The governing bodies of local governments may

19  provide a schedule of reasonable fees, as authorized by s.

20  125.56(2) or s. 166.222 and this section, for enforcing this

21  part. These fees, and any fines or investment earnings related

22  to the fees, shall be used solely for carrying out the local

23  government's responsibilities in enforcing the Florida

24  Building Code. When providing a schedule of reasonable fees,

25  the total estimated annual revenue derived from fees, and the

26  fines and investment earnings related to the fees, may not

27  exceed the total estimated annual costs of allowable

28  activities. Any unexpended balances shall be carried forward

29  to future years for allowable activities or shall be refunded

30  at the discretion of the local government. The basis for a fee

31  structure for allowable activities shall relate to the level

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 1  of service provided by the local government. Fees charged

 2  shall be consistently applied.

 3         (a)  As used in this subsection, the phrase "enforcing

 4  the Florida Building Code" includes the direct costs and

 5  reasonable indirect costs associated with review of building

 6  plans, building inspections, reinspections, building permit

 7  processing; building code enforcement; and fire inspections

 8  associated with new construction. The phrase may also include

 9  training costs associated with the enforcement of the Florida

10  Building Code and enforcement action pertaining to unlicensed

11  contractor activity to the extent not funded by other user

12  fees.

13         (b)  The following activities may not be funded with

14  fees adopted for enforcing the Florida Building Code:

15         1.  Planning and zoning or other general government

16  activities.

17         2.  Inspections of public buildings for a reduced fee

18  or no fee.

19         3.  Public information requests, community functions,

20  boards, and any program not directly related to enforcement of

21  the Florida Building Code.

22         4.  Enforcement and implementation of any other local

23  ordinance, excluding validly adopted local amendments to the

24  Florida Building Code and excluding any local ordinance

25  directly related to enforcing the Florida Building Code as

26  defined in paragraph (a).

27         (c)  A local government shall use recognized

28  management, accounting, and oversight practices to ensure that

29  fees, fines, and investment earnings generated under this

30  subsection are maintained and allocated or used solely for the

31  purposes described in paragraph (a).

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 1         (8)  The Department of Agriculture and Consumer

 2  Services is not subject to local government permitting

 3  requirements, plan review, or inspection fees for nonoccupied

 4  structures, such as equipment storage sheds and polebarns that

 5  are not used by the public.

 6         Section 11.  Paragraph (c) is added to subsection (17)

 7  of section 120.80, Florida Statutes, to read:

 8         120.80  Exceptions and special requirements;

 9  agencies.--

10         (17)  FLORIDA BUILDING COMMISSION.--

11         (c)  Notwithstanding ss. 120.565, 120.569, and 120.57,

12  the Florida Building Commission and hearing officer panels

13  appointed by the commission in accordance with s.

14  553.775(3)(c)1. may conduct proceedings to review decisions of

15  local building code officials in accordance with s.

16  553.775(3)(c).

17         Section 12.  Section 553.841, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 533.841, F.S., for present text.)

21         553.841  Building code education and outreach

22  program.--

23         (1)  The Legislature finds that the effectiveness of

24  the building codes of this state depends on the performance of

25  all participants, as demonstrated through knowledge of the

26  codes and commitment to compliance with code directives, and

27  that to strengthen compliance by industry and enforcement by

28  government, a building code education and outreach program is

29  needed.

30         (2)  There is created the Building Code Education and

31  Outreach Council to coordinate, develop, and maintain

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 1  education and outreach to ensure administration and

 2  enforcement of the Florida Building Code.

 3         (3)  The Building Code Education and Outreach Council

 4  shall be composed of the following members:

 5         (a)  Three members of the Florida Building Commission,

 6  selected by the commission;

 7         (b)  One member of the Florida Building Code

 8  Administrators and Inspectors Board, selected by that board;

 9         (c)  One member of the Construction Industry Licensing

10  Board, selected by that board;

11         (d)  One member of the Electrical Contractors Licensing

12  Board, selected by that board;

13         (e)  One member of the Florida Board of Professional

14  Engineers, selected by that board;

15         (f)  One architect member of the Board of Architecture

16  and Interior Design, selected by that board;

17         (g)  One interior designer member of the Board of

18  Architecture and Interior Design, selected by that board;

19         (h)  One member of the Board of Landscape Architecture,

20  selected by that board; and

21         (i)  One member from the office of the State Fire

22  Marshal, selected by that office.

23  

24  Each member shall be appointed to a 2-year term and may be

25  reappointed at the discretion of the appointing body. A chair

26  shall be elected by majority vote of the council and shall

27  serve a term of 1 year.

28         (4)  The Building Code Education and Outreach Council

29  shall meet in Tallahassee at least semiannually. The council

30  may meet more often but not more than monthly, and such

31  additional meetings may be by telephone conference call. All

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 1  costs for travel shall be borne by the respective appointing

 2  entity. Administrative support, including meeting space if

 3  requested, shall be provided by Building A Safer Florida, Inc.

 4         (5)  The Building Code Education and Outreach Council

 5  shall:

 6         (a)  Consider and determine any policies or procedures

 7  needed to administer ss. 489.109(3) and 489.509(3).

 8         (b)  Administer the provisions of this section.

 9         (c)  Determine the areas of priority for which funds

10  should be expended for research and continuing education.

11         (d)  Review all proposed continuing education courses

12  concerning the Florida Building Code and recommend to the

13  commission any related courses that should be approved for

14  continuing education.

15         (6)  The Building Code Education and Outreach Council

16  shall develop or cause to be developed:

17         (a)  A core curriculum that is prerequisite to all

18  specialized and advanced module coursework.

19         (b)  A set of specialized and advanced modules

20  specifically designed for use by each profession.

21         (7)  The core curriculum shall cover the information

22  required to have all categories of participants appropriately

23  informed as to their technical and administrative

24  responsibilities in the effective execution of the code

25  process by all individuals currently licensed under part XII

26  of chapter 468, chapter 471, chapter 481, or chapter 489,

27  except as otherwise provided in s. 471.017. The core

28  curriculum shall be prerequisite to the advanced module

29  coursework for all licensees and shall be completed by

30  individuals licensed in all categories under part XII of

31  chapter 468, chapter 471, chapter 481, or chapter 489 within

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 1  the first 2-year period after establishment of the program.

 2  Core course hours taken by licensees to complete this

 3  requirement shall count toward fulfillment of required

 4  continuing education units under part XII of chapter 468,

 5  chapter 471, chapter 481, or chapter 489.

 6         (8)  The Building Code Education and Outreach Council

 7  shall develop, cause to be developed, or maintain an

 8  equivalency test for each category of licensee. Such test may

 9  be taken in lieu of the core curriculum. A passing score on

10  the test shall be equivalent to completion of the core

11  curriculum and shall be credited toward the required number of

12  hours of continuing education.

13         (9)  Each biennium, upon receipt of funds by the

14  Department of Community Affairs from the Construction Industry

15  Licensing Board and the Electrical Contractors' Licensing

16  Board provided under ss. 489.109(3) and 489.509(3), the

17  commission shall determine the amount of funds available for

18  research projects from the proceeds of contractor licensing

19  fees and identify, solicit, and accept funds from other

20  sources for research and continuing education projects.

21         (10)  If funds collected for research projects in any

22  year do not require the use of all available funds, the unused

23  funds shall be carried forward and allocated for use during

24  the following fiscal year.

25         Section 13.  Section 553.8413, Florida Statutes, is

26  repealed.

27         Section 14.  Subsections (3), (4), (5), (6), (7), (8),

28  paragraph (a) of subsection (9), and subsection (16) of

29  section 553.842, Florida Statutes, are amended to read:

30         553.842  Product evaluation and approval.--

31  

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 1         (3)  Products or methods or systems of construction

 2  that require approval under s. 553.77, that have standardized

 3  testing or comparative or rational analysis methods

 4  established by the code, and that are certified by an approved

 5  product evaluation entity, testing laboratory, or

 6  certification agency as complying with the standards specified

 7  by the code shall be approved for local or statewide use.

 8  Products required to be approved for statewide use shall be

 9  approved by one of the methods established in subsection (6)

10  without further evaluation.

11         (4)  By October 1, 2003, Products or methods or systems

12  of construction requiring approval under s. 553.77 must be

13  approved by one of the methods established in subsection (5)

14  or subsection (6) before their use in construction in this

15  state. Products may be approved either by the commission for

16  statewide use, or by a local building department for use in

17  that department's jurisdiction only. Notwithstanding a local

18  government's authority to amend the Florida Building Code as

19  provided in this act, statewide approval shall preclude local

20  jurisdictions from requiring further testing, evaluation, or

21  submission of other evidence as a condition of using the

22  product so long as the product is being used consistent with

23  the conditions of its approval.

24         (5)  Local approval of products or methods or systems

25  of construction may be achieved by the local building official

26  through building plans review and inspection to determine that

27  the product, method, or system of construction complies with

28  the prescriptive standards established in the code.

29  Alternatively, local approval may be achieved by one of the

30  methods established in subsection (6).

31  

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 1         (5)(6)  Statewide or local approval of products,

 2  methods, or systems of construction may be achieved by one of

 3  the following methods. One of these methods must be used by

 4  local officials or the commission to approve the following

 5  categories of products: panel walls, exterior doors, roofing,

 6  skylights, windows, shutters, and structural components as

 7  established by the commission by rule.

 8         (a)  Products for which the code establishes

 9  standardized testing or comparative or rational analysis

10  methods shall be approved by submittal and validation of one

11  of the following reports or listings indicating that the

12  product or method or system of construction was evaluated to

13  be in compliance with the Florida Building Code and that the

14  product or method or system of construction is, for the

15  purpose intended, at least equivalent to that required by the

16  Florida Building Code:

17         1.  A certification mark or listing of an approved

18  certification agency;

19         2.  A test report from an approved testing laboratory;

20         3.  A product evaluation report based upon testing or

21  comparative or rational analysis, or a combination thereof,

22  from an approved product evaluation entity; or

23         4.  A product evaluation report based upon testing or

24  comparative or rational analysis, or a combination thereof,

25  developed and signed and sealed by a professional engineer or

26  architect, licensed in this state.

27  

28  A product evaluation report or a certification mark or listing

29  of an approved certification agency which demonstrates that

30  the product or method or system of construction complies with

31  the Florida Building Code for the purpose intended shall be

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 1  equivalent to a test report and test procedure as referenced

 2  in the Florida Building Code.

 3         (b)  Products, methods, or systems of construction for

 4  which there are no specific standardized testing or

 5  comparative or rational analysis methods established in the

 6  code may be approved by submittal and validation of one of the

 7  following:

 8         1.  A product evaluation report based upon testing or

 9  comparative or rational analysis, or a combination thereof,

10  from an approved product evaluation entity indicating that the

11  product or method or system of construction was evaluated to

12  be in compliance with the intent of the Florida Building Code

13  and that the product or method or system of construction is,

14  for the purpose intended, at least equivalent to that required

15  by the Florida Building Code; or

16         2.  A product evaluation report based upon testing or

17  comparative or rational analysis, or a combination thereof,

18  developed and signed and sealed by a professional engineer or

19  architect, licensed in this state, who certifies that the

20  product or method or system of construction is, for the

21  purpose intended, at least equivalent to that required by the

22  Florida Building Code.

23         (6)(7)  The commission shall ensure that product

24  manufacturers that obtain statewide product approval operate

25  quality assurance programs for all approved products. The

26  commission shall adopt by rule criteria for operation of the

27  quality assurance programs.

28         (7)(8)  For local approvals, validation shall be

29  performed by the local building official. The commission shall

30  adopt by rule criteria constituting complete validation by the

31  local official, including, but not limited to, criteria

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 1  governing verification of a quality assurance program. For

 2  state approvals, validation shall be performed by validation

 3  entities approved by the commission. The commission shall

 4  adopt by rule criteria for approval of validation entities,

 5  which shall be third-party entities independent of the

 6  product's manufacturer and which shall certify to the

 7  commission the product's compliance with the code. Products

 8  bearing a certification mark or listing from an approved

 9  certification agency shall be validated by inspection of the

10  certification mark or listing.

11         (8)(9)  The commission may adopt rules to approve the

12  following types of entities that produce information on which

13  product approvals are based. All of the following entities,

14  including engineers and architects, must comply with a

15  nationally recognized standard demonstrating independence or

16  no conflict of interest:

17         (a)  Evaluation entities that meet the criteria for

18  approval adopted by the commission by rule. The commission

19  shall specifically approve the National Evaluation Service,

20  the International Conference of Building Officials Evaluation

21  Services, the International Code Council Evaluation Services,

22  the Building Officials and Code Administrators International

23  Evaluation Services, the Southern Building Code Congress

24  International Evaluation Services, and the Miami-Dade County

25  Building Code Compliance Office Product Control. Architects

26  and engineers licensed in this state are also approved to

27  conduct product evaluations as provided in subsection (5) (6).

28         (16)  The commission shall establish a schedule for

29  adoption of the rules required in this section to ensure that

30  the product manufacturing industry has sufficient time to

31  revise products to meet the requirements for approval and

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 1  submit them for testing or evaluation before the system takes

 2  effect on October 1, 2003, and to ensure that the availability

 3  of statewide approval is not delayed.

 4         Section 15.  Section 633.026, Florida Statutes, is

 5  created to read:

 6         633.026  Informal interpretations of the Florida Fire

 7  Prevention Code.--The Division of State Fire Marshal shall by

 8  rule establish an informal process of rendering nonbinding

 9  interpretations of the Florida Fire Prevention Code. The

10  Division of State Fire Marshal may contract with and refer

11  interpretive issues to a nonprofit organization that has

12  experience in fire safety and control issues. The Division of

13  State Fire Marshal shall immediately implement the process

14  prior to the completion of formal rulemaking. It is the intent

15  of the Legislature that the Division of State Fire Marshal

16  create a process to refer questions to a small group of

17  individuals certified under s. 633.081(2), to which a party

18  can pose questions regarding the interpretation of code

19  provisions. It is the intent of the Legislature that the

20  process provide for the expeditious resolution of the issues

21  presented and publication of the resulting interpretation on

22  the website of the Division of State Fire Marshal. It is the

23  intent of the Legislature that this program be similar to the

24  program established by the Florida Building Commission in s.

25  553.77(7). Such interpretations shall be advisory only and

26  nonbinding on the parties or the State Fire Marshal. This

27  program shall be funded from the Insurance Regulatory Trust

28  Fund.

29         Section 16.  Local product approval.--

30         (1)  For local product approval, products or systems of

31  construction shall demonstrate compliance with the structural

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 1  windload requirements of the Florida Building Code through one

 2  of the following methods:

 3         (a)  A certification mark, listing, or label from a

 4  commission-approved certification agency indicating that the

 5  product complies with the code;

 6         (b)  A test report from a commission-approved testing

 7  laboratory indicating that the product tested complies with

 8  the code;

 9         (c)  A product-evaluation report based upon testing,

10  comparative or rational analysis, or a combination thereof,

11  from a commission-approved product evaluation entity which

12  indicates that the product evaluated complies with the code;

13         (d)  A product-evaluation report or certification based

14  upon testing or comparative or rational analysis, or a

15  combination thereof, developed and signed and sealed by a

16  Florida professional engineer or Florida registered architect,

17  which indicates that the product complies with the code; or

18         (e)  A statewide product approval issued by the Florida

19  Building Commission.

20         (2)  For product-evaluation reports that indicate

21  compliance with the code based upon a test report from an

22  approved testing laboratory and rational or comparative

23  analysis by a Florida registered architect or Florida

24  professional engineer, the testing laboratory or the

25  evaluating architect or engineer must certify independence

26  from the product manufacturer.

27         (3)  Local building officials may accept modifications

28  to products or their installations if sufficient evidence is

29  submitted to the local building official to demonstrate

30  compliance with the code or the intent of the code, including

31  

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 1  such evidence as certifications from a Florida registered

 2  architect or Florida professional engineer.

 3         (4)  Products demonstrating compliance shall be

 4  manufactured under a quality assurance program audited by an

 5  approved quality assurance entity.

 6         (5)  Products bearing a certification mark, label, or

 7  listing by an approved certification agency require no further

 8  documentation to establish compliance with the code.

 9         (6)  Upon review of the compliance documentation, the

10  authority having jurisdiction or a local building official

11  shall deem the product approved for use in accordance with its

12  approval and limitation of use.

13         (7)  Approval shall be valid until such time as the

14  product changes and decreases in performance; the standards of

15  the code change, requiring increased performance; or the

16  approval is otherwise suspended or revoked. Changes to the

17  code do not void the approval of products previously installed

18  in existing buildings if such products met building code

19  requirements at the time the product was installed.

20         Section 17.  This act shall take effect October 1,

21  2005.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 442

 3                                 

 4  The CS revises the distribution of funds for the Hurricane
    Loss Mitigation Program by providing that 15 percent of the
 5  funds designated to prevent or reduce losses or to reduce the
    cost of rebuilding after a disaster must be used for education
 6  awareness related to the Florida Building Code and the
    operation of the Disaster Contractor Network.
 7  
    The CS provides that cities and counties may not impose
 8  additional certification or licensure requirements for state
    certified electrical and alarm contractors.
 9  
    The CS specifies that certain exemptions for the delivery and
10  installation of lawn sheds applies to the structures that are
    not more than 200 square feet.
11  
    The CS clarifies that battery-powered and plug-in door/window
12  exit alarms satisfy the pool safety requirements of ch. 515,
    F.S.
13  
    The CS permits both enclosed and non-enclosed areas to be
14  included within the calculation of foot area when determining
    the allowable size of a mezzanine located within a warehouse
15  building.

16  The CS revises the professional organizations that are
    authorized to nominate members for the Florida Building Code
17  Commission. The CS also provides that if a member of the
    Florida Building Commission has a potential personal or
18  financial interest in the outcome of a vote or other action of
    the Commission, the member must abstain from voting or taking
19  action on the matter.

20  The CS authorizes the Commission to establish a fee of up to
    $50 for each review issued through the informal, binding Code
21  interpretation program administered through Building Officials
    Association of Florida.
22  
    The CS revises provisions contained in the bill relating to
23  private provider inspections. Specifically, the CS provides
    revised notification requirements for the use of private
24  providers and authorizes local governments to register private
    providers for licensure and insurance requirements. In
25  addition, local governments are permitted to issue stop work
    orders under specified conditions. Finally the CS provides
26  that private providers must maintain professional liability
    insurance with minimum policy limits of two million dollars
27  per occurrence for commercial projects.

28  The CS redesignates the Florida Building Code Training Program
    as the "Building Code Education and Outreach Program" and
29  creates the Building Code Education and Outreach Council to
    coordinate, develop, and maintain education and outreach
30  efforts associated with the Florida Building Code.

31  The CS repeals s. 553.8413, F.S., which created the Education
    Technical Advisory Committee.
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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 442
    578-1634-05




 1  The CS authorizes the State Fire Marshall to establish an
    informal process for rendering non-binding interpretations of
 2  the Florida Prevention Code.

 3  Finally, the CS revises several provisions relating to the
    product approval and evaluation process, including
 4  requirements relating to local government approval of products
    for local application.
 5  

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31  

                                  53

CODING: Words stricken are deletions; words underlined are additions.