Senate Bill sb0442e1
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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; providing that
12 the Office of Insurance Regulation make
13 recommendations to the insurance industry based
14 on a report regarding the Hurricane Loss
15 Mitigation Program by the Department of
16 Community Affairs; amending s. 400.23, F.S.;
17 providing that residents of nursing homes may
18 move their beds under certain circumstances;
19 requiring the nursing homes to notify the
20 Agency for Heath Care Administration; amending
21 s. 468.621, F.S.; providing additional grounds
22 for which disciplinary actions may be taken
23 against building code enforcement officials;
24 amending ss. 471.033 and 481.225, F.S.;
25 providing criminal penalties for performing
26 building inspections under certain
27 circumstances; amending s. 489.537, F.S.;
28 providing that certain alarm system contractors
29 and electrical contractors may not be required
30 by a municipality or county to obtain
31 additional certification or meet additional
1
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1 licensure requirements; amending s. 553.73,
2 F.S.; specifying certain codes from the
3 International Code Congress and the
4 International Code Council as foundation codes
5 for the updated Florida Building Code;
6 providing requirements for amendments to the
7 foundation codes; providing for the
8 incorporation of certain statements, decisions,
9 and amendments into the Florida Building Code;
10 providing a timeframe for rule updates to the
11 Florida Building Code to become effective;
12 adding a requirement for technical amendments
13 to the Florida Building Code; providing
14 requirements for the Florida Building
15 Commission in reviewing code amendments;
16 providing an exception; incorporating by
17 reference certain standards for unvented
18 conditioned attic assemblies; amending s.
19 553.77, F.S.; revising duties of the Florida
20 Building Commission; authorizing local building
21 departments or other entities to approve
22 changes to an approved building plan; providing
23 that a member shall abstain from voting under
24 certain circumstances; deleting requirements
25 that the commission hear certain appeals and
26 issue declaratory statements; creating s.
27 553.775, F.S.; providing legislative intent
28 with respect to the interpretation of the
29 Florida Building Code; providing for the
30 commission to resolve disputes regarding
31 interpretations of the code; requiring the
2
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1 commission to review decisions of local
2 building officials and local enforcement
3 agencies; providing for publication of an
4 interpretation on the Building Code Information
5 System and in the Florida Administrative
6 Weekly; authorizing the commission to adopt a
7 fee; amending s. 553.79, F.S.; exempting
8 truss-placement plans from certain
9 requirements; amending s. 553.791, F.S.;
10 clarifying a definition; expanding
11 authorization to use private providers to
12 provide building code inspection services;
13 including fee owner contractors within such
14 authorization; revising notice requirements for
15 using private providers; revising procedures
16 for issuing permits; providing requirements for
17 representatives of private providers; providing
18 for waiver of certain inspection records
19 requirements under certain circumstances;
20 requiring issuance of stop-work orders to be
21 pursuant to law; providing for establishment of
22 a registration system for private providers and
23 authorized representatives of private providers
24 for licensure compliance purposes; preserving
25 authority to issue emergency stop-work orders;
26 revising insurance requirements for private
27 providers; providing a definition; authorizing
28 performance audits by local building code
29 enforcement agencies of private providers;
30 specifying conditions for proceeding with
31 building work; amending s. 553.80, F.S.;
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1 providing that certain buildings are exempt
2 from the building code; providing that
3 universities and colleges may create a board of
4 adjustment; authorizing local governments to
5 impose certain fees for code enforcement;
6 providing requirements and limitations;
7 conforming a cross-reference; requiring the
8 commission to expedite adoption and
9 implementation of the existing state building
10 code as part of the Florida Building Code
11 pursuant to limited procedures; exempting
12 certain buildings of the Department of
13 Agriculture and Consumer Services from local
14 permitting requirements, review, or fees;
15 amending s. 120.80, F.S.; authorizing the
16 Florida Building Commission to conduct
17 proceedings to review decisions of local
18 officials; amending s. 553.841, F.S.; revising
19 provisions governing the Building Code Training
20 Program; creating the Building Code Education
21 and Outreach Council to coordinate, develop,
22 and ensure enforcement of the Florida Building
23 Code; providing for membership, terms of
24 office, and meetings; providing duties of the
25 council; providing for administrative support
26 for the council; requiring the council to
27 develop a core curriculum and equivalency test
28 for specified licensees; providing for the use
29 of funds by the council; repealing s. 553.8413,
30 F.S., relating to the Education Technical
31 Advisory Committee; amending s. 553.842, F.S.;
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1 providing for products to be approved for
2 statewide use; deleting an obsolete date;
3 deleting a provision requiring the commission
4 to adopt certain criteria for local program
5 verification and validation by rule; adding an
6 evaluation entity to the list of entities
7 specifically approved by the commission;
8 deleting a requirement that the commission
9 establish a schedule for adopting rules
10 relating to product approvals under certain
11 circumstances; authorizing the commission to
12 adopt rules relating to material standards;
13 amending s. 633.025, F.S.; providing that
14 local governments may adopt fire sprinkler
15 requirements under certain circumstances;
16 creating s. 633.026, F.S.; requiring that the
17 State Fire Marshal establish by rule a process
18 for rendering nonbinding interpretations of the
19 Florida Fire Prevention Code; authorizing the
20 State Fire Marshal to enter into contracts and
21 refer interpretations to a nonprofit
22 organization; providing for the interpretations
23 to be advisory; providing for establishing a
24 fee by department rule; providing requirements
25 for local product approval of products or
26 systems of construction; specifying methods for
27 demonstrating compliance with the structural
28 windload requirements of the Florida Building
29 Code; providing for certification to be issued
30 by a professional engineer or registered
31 architect; providing for audits under a quality
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1 assurance program and other types of
2 certification; providing that changes to the
3 Florida Building Code do not void the approval
4 of previously installed products; providing for
5 guidelines for the mitigation grant program;
6 amending s. 633.021, F.S.; redefining terms
7 used in ch. 633, F.S.; amending s. 633.0215,
8 F.S.; revising provisions relating to the
9 construction of townhouse stairs; amending s.
10 633.071, F.S.; requiring inspection tags to be
11 attached to all fire protection systems;
12 providing for the standardization of inspection
13 tags and reports; amending s. 633.082, F.S.;
14 requiring fire protection systems to be
15 inspected in accordance with nationally
16 accepted standards; amending s. 633.521, F.S.;
17 establishing a permit classification for
18 individuals who inspect fire protection
19 systems; amending s. 633.524, F.S.;
20 establishing fees for various classes of
21 permits; amending s. 633.537, F.S.;
22 establishing continuing education requirements;
23 amending s. 633.539, F.S.; requiring fire
24 protection systems to be inspected, serviced,
25 or maintained by a permitholder; establishing
26 the scope of work criteria; amending s.
27 633.547, F.S.; providing for disciplinary
28 action; amending s. 633.702, F.S.; providing a
29 criminal penalty for intentionally or willfully
30 installing, servicing, testing, repairing,
31 improving, or inspecting a fire alarm system
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1 unless the person who performs those acts has
2 certain qualifications or is exempt under s.
3 489.503, F.S.; providing for the Florida
4 Building Commission to adopt amendments to the
5 Florida Building Code relating to water
6 intrusion and roof-covering attachment;
7 amending ch. 2000-141, Laws of Florida;
8 providing for removal of outdated
9 wind-protection standards from the Florida
10 Building Code; providing for an update of the
11 code's wind-protection standards; providing an
12 appropriation; providing for incorporation in
13 the Florida Building Code of the repeal of a
14 design option relating to internal pressure for
15 buildings within the windborne debris region;
16 requiring the Florida Building Commission to
17 make recommendations to the Legislature;
18 providing an effective date for the Florida
19 Building Code; granting certain design
20 professionals the choice of having certain
21 projects governed under the 2004 edition of the
22 code; repealing s. 553.851, F.S., relating to
23 the protection of underground gas pipelines;
24 amending s. 489.103, F.S.; exempting a disaster
25 recovery organization or a not-for-profit
26 organization assisting with post-disaster
27 repair or replacement of certain residential
28 structures from part I of ch. 489, F.S.,
29 relating to regulation of contractors, under
30 certain circumstances; providing that certain
31 storage buildings whose sale, delivery,
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1 assembly, or tie-down are exempt from such
2 part; requiring the Florida Building Commission
3 to amend certain provisions of the Florida
4 Building Code relating to mezzanine size and
5 use; requiring the Florida Building Commission
6 to convene a workgroup to study the
7 recommendation for a single validation entity;
8 requiring the Florida Building Commission to
9 amend certain provisions of the Florida
10 Building Code relating to fire safety in
11 certain occupancies or exit doors of certain
12 occupancies; creating the Manufactured Housing
13 Regulatory Study Commission; providing for
14 membership; providing duties; requiring the
15 commission to file a report with the Governor
16 and the Legislature; amending s. 514.075, F.S.;
17 deleting an exemption from service requirements
18 for certain public pool operators; requiring
19 the adoption of rules; requiring a public pool
20 to be serviced by a certified pool service
21 technician; removing specified provisions from
22 the Florida Building Code; restoring specified
23 provisions that had been removed from the base
24 code; providing for continuation of the
25 restored provisions until the base code is
26 revised; providing effective dates.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (a) of subsection (2) and
31 subsections (3) and (4) of section 215.559, Florida Statutes,
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1 are amended, present subsection (7) of that section is
2 redesignated as subsection (8) and amended, present
3 subsections (5) and (6) of that section are redesignated as
4 subsections (6) and (7), respectively, and a new subsection
5 (5) is added to that section, to read:
6 215.559 Hurricane Loss Mitigation Program.--
7 (2)(a) Seven million dollars in funds provided in
8 subsection (1) shall be used for programs to improve the wind
9 resistance of residences and mobile homes, including loans,
10 subsidies, grants, demonstration projects, and direct
11 assistance; educating persons concerning the Florida Building
12 Code cooperative programs with local governments and the
13 Federal Government; and other efforts to prevent or reduce
14 losses or reduce the cost of rebuilding after a disaster.
15 (3) Forty percent of the total appropriation in
16 paragraph (2)(a) shall be used to inspect and improve
17 tie-downs for mobile homes. Within 30 days after the effective
18 date of that appropriation, the department shall contract with
19 a public higher educational institution in this state which
20 has previous experience in administering the programs set
21 forth in this subsection to serve as the administrative entity
22 and fiscal agent pursuant to s. 216.346 for the purpose of
23 administering the programs set forth in this subsection in
24 accordance with established policy and procedures. The
25 administrative entity working with the advisory council set up
26 under subsection (5) shall develop a list of mobile home parks
27 and counties that may be eligible to participate in the
28 tie-down program.
29 (4) Of moneys provided to the Department of Community
30 Affairs in paragraph (2)(a), 10 percent shall be allocated to
31 a Type I Center within the State University System dedicated
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1 to hurricane research. The Type I Center shall develop a
2 preliminary work plan approved by the advisory council set
3 forth in subsection (6) (5) to eliminate the state and local
4 barriers to upgrading existing mobile homes and communities,
5 research and develop a program for the recycling of existing
6 older mobile homes, and support programs of research and
7 development relating to hurricane loss reduction devices and
8 techniques for site-built residences. The State University
9 System also shall consult with the Department of Community
10 Affairs and assist the department with the report required
11 under subsection (8) (7).
12 (5) An amount equal to fifteen percent of the total
13 appropriation in paragraph (2)(a) shall be used for education
14 awareness concerning the Florida Building Code and the
15 operation of the disaster contractors network. Not more than
16 30 days after the effective date of each subsequent
17 appropriation, the Department of Community Affairs shall
18 contract with a nonprofit tax-exempt entity having prior
19 contracting experience with building code training,
20 development, and coordination and whose membership is
21 representative of all of the statewide construction and design
22 licensee associations. The entity shall allocate 20 percent of
23 these resources to the disaster contractors network for the
24 education of the construction industry and hurricane response
25 if needed to coordinate the industry in the event of a natural
26 disaster. The entity shall allocate 20 percent of these
27 resources to the largest residential construction trade show
28 in the state for the education of the residential construction
29 industry on building code and mitigation issues. The remaining
30 resources shall be used by the entity for outreach building
31 code activities after consultation with the building code
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1 program under the Florida Building Commission as provided for
2 in s. 553.841.
3 (8)(7) On January 1st of each year, the Department of
4 Community Affairs shall provide a full report and accounting
5 of activities under this section and an evaluation of such
6 activities to the Speaker of the House of Representatives, the
7 President of the Senate, and the Majority and Minority Leaders
8 of the House of Representatives and the Senate. Upon
9 completion of the report, the Department of Community Affairs
10 shall deliver the report to the Office of Insurance
11 Regulation. The Office of Insurance Regulation shall review
12 the report and shall make such recommendations available to
13 the insurance industry as the Office of Insurance Regulation
14 deems appropriate. These recommendations may be used by
15 insurers for potential discounts or rebates pursuant to s.
16 627.0629. The Office of Insurance Regulation shall make the
17 recommendations within 1 year after receiving the report.
18 Section 2. Paragraph (a) of subsection (2) of section
19 400.23, Florida Statutes, is amended to read:
20 400.23 Rules; evaluation and deficiencies; licensure
21 status.--
22 (2) Pursuant to the intention of the Legislature, the
23 agency, in consultation with the Department of Health and the
24 Department of Elderly Affairs, shall adopt and enforce rules
25 to implement this part, which shall include reasonable and
26 fair criteria in relation to:
27 (a) The location of the facility and housing
28 conditions that will ensure the health, safety, and comfort of
29 residents, including an adequate call system. In making such
30 rules, the agency shall be guided by criteria recommended by
31 nationally recognized reputable professional groups and
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1 associations with knowledge of such subject matters. The
2 agency shall update or revise such criteria as the need
3 arises. The agency may require alterations to a building if it
4 determines that an existing condition constitutes a distinct
5 hazard to life, health, or safety. In performing any
6 inspections of facilities authorized by this part, the agency
7 may enforce the special-occupancy provisions of the Florida
8 Building Code and the Florida Fire Prevention Code which apply
9 to nursing homes. Residents or their representatives shall be
10 able to request a change in the placement of the bed in their
11 room, provided that at admission they are presented with a
12 room that meets requirements of the Florida Building Code. The
13 location of a bed may be changed if the requested placement
14 does not infringe on the resident's roommate or interfere with
15 the resident's care or safety as determined by the care
16 planning team in accordance with facility policies and
17 procedures. In addition, the bed placement may not be used as
18 a restraint. Each facility shall maintain a log of resident
19 rooms with beds that are not in strict compliance with the
20 Florida Building Code in order for such log to be used by
21 surveyors and nurse monitors during inspections and visits. A
22 resident or resident representative who requests that a bed be
23 moved shall sign a statement indicating that he or she
24 understands the room will not be in compliance with the
25 Florida Building Code, but they would prefer to exercise their
26 right to self-determination. The statement must be retained as
27 part of the resident's care plan. Any facility that offers
28 this option must submit a letter signed by the nursing home
29 administrator of record to the agency notifying it of this
30 practice with a copy of the policies and procedures of the
31 facility. The agency is directed to provide assistance to the
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1 Florida Building Commission in updating the construction
2 standards of the code relative to nursing homes.
3 Section 3. Paragraph (i) of subsection (1) of section
4 468.621, Florida Statutes, is amended, and paragraph (j) is
5 added to that subsection, to read:
6 468.621 Disciplinary proceedings.--
7 (1) The following acts constitute grounds for which
8 the disciplinary actions in subsection (2) may be taken:
9 (i) Failing to lawfully execute the duties and
10 responsibilities specified in this part and ss. 553.73,
11 553.781, and 553.79, and 553.791.
12 (j) Performing building code inspection services under
13 s. 553.791, without satisfying the insurance requirements of
14 that section.
15 Section 4. Paragraph (l) is added to subsection (1) of
16 section 471.033, Florida Statutes, to read:
17 471.033 Disciplinary proceedings.--
18 (1) The following acts constitute grounds for which
19 the disciplinary actions in subsection (3) may be taken:
20 (l) Performing building code inspection services under
21 s. 553.791, without satisfying the insurance requirements of
22 that section.
23 Section 5. Paragraph (l) is added to subsection (1) of
24 section 481.225, Florida Statutes, to read:
25 481.225 Disciplinary proceedings against registered
26 architects.--
27 (1) The following acts constitute grounds for which
28 the disciplinary actions in subsection (3) may be taken:
29 (l) Performing building code inspection services under
30 s. 553.791, without satisfying the insurance requirements of
31 that section.
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1 Section 6. Paragraph (a) of subsection (3) of section
2 489.537, Florida Statutes, is amended to read:
3 489.537 Application of this part.--
4 (3) Nothing in this act limits the power of a
5 municipality or county:
6 (a) To regulate the quality and character of work
7 performed by contractors through a system of permits, fees,
8 and inspections which is designed to secure compliance with,
9 and aid in the implementation of, state and local building
10 laws or to enforce other local laws for the protection of the
11 public health and safety. However, a certified alarm system
12 contractor or certified electrical contractor is not subject
13 to any additional certification or licensure requirements that
14 are not required by this part.
15 Section 7. Paragraph (c) of subsection (4), subsection
16 (6), and paragraphs (a) and (c) of subsection (7) of section
17 553.73, Florida Statutes, are amended to read:
18 553.73 Florida Building Code.--
19 (4)
20 (c) Any amendment adopted by a local enforcing agency
21 pursuant to this subsection shall not apply to state or school
22 district owned buildings, manufactured buildings or
23 factory-built school buildings approved by the commission, or
24 prototype buildings approved pursuant to s. 553.77(3)(5). The
25 respective responsible entities shall consider the physical
26 performance parameters substantiating such amendments when
27 designing, specifying, and constructing such exempt buildings.
28 (6)(a) The commission, by rule adopted pursuant to ss.
29 120.536(1) and 120.54, shall update the Florida Building Code
30 every 3 years. When updating the Florida Building Code, the
31 commission shall select the most current version of the
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1 International Building Code, the International Fuel Gas Code,
2 the International Mechanical Code, the International Plumbing
3 Code, and the International Residential Code, all of which are
4 adopted by the International Code Council, and the National
5 Electrical Code, which is adopted by the National Fire
6 Protection Association, to form the foundation codes of the
7 updated Florida Building Code, if the version has been adopted
8 by the International Code Council and made available to the
9 public at least 6 months prior to its selection by the
10 commission.
11 (b) Codes regarding noise contour lines shall be
12 reviewed annually, and the most current federal guidelines
13 shall be adopted.
14 (c) The commission may modify any portion of the
15 foundation codes only as needed to accommodate the specific
16 needs of this state, maintaining Florida-specific amendments
17 previously adopted by the commission and not addressed by the
18 updated foundation code. Standards or criteria referenced by
19 the codes shall be incorporated by reference. If a referenced
20 standard or criterion requires amplification or modification
21 to be appropriate for use in this state, only the
22 amplification or modification shall be set forth in the
23 Florida Building Code. The commission may approve technical
24 amendments to the updated Florida Building Code after the
25 amendments have been subject to the conditions set forth in
26 paragraphs (3)(a)-(d). Amendments to the foundation codes
27 which are adopted in accordance with this subsection shall be
28 clearly marked in printed versions of the Florida Building
29 Code so that the fact that the provisions are Florida-specific
30 amendments to the foundation codes is readily apparent.
31 consider changes made by the adopting entity of any selected
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1 model code for any model code incorporated into the Florida
2 Building Code, and may subsequently adopt the new edition or
3 successor of the model code or any part of such code, no
4 sooner than 6 months after such model code has been adopted by
5 the adopting organization, which may then be modified for this
6 state as provided in this section, and
7 (d) The commission shall further consider the
8 commission's own interpretations, declaratory statements,
9 appellate decisions, and approved statewide and local
10 technical amendments and shall incorporate such
11 interpretations, statements, decisions, and amendments into
12 the updated Florida Building Code only to the extent that they
13 are needed to modify the foundation codes to accommodate the
14 specific needs of the state. A change made by an institute or
15 standards organization to any standard or criterion that is
16 adopted by reference in the Florida Building Code does not
17 become effective statewide until it has been adopted by the
18 commission. Furthermore, the edition of the Florida Building
19 Code which is in effect on the date of application for any
20 permit authorized by the code governs the permitted work for
21 the life of the permit and any extension granted to the
22 permit.
23 (e) A rule updating the Florida Building Code in
24 accordance with this subsection shall take effect no sooner
25 than 6 months after publication of the updated code. Any
26 amendment to the Florida Building Code which is adopted upon a
27 finding by the commission that the amendment is necessary to
28 protect the public from immediate threat of harm takes effect
29 immediately.
30
31
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1 (7)(a) The commission may approve technical amendments
2 to the Florida Building Code once each year for statewide or
3 regional application upon a finding that the amendment:
4 1. Is needed in order to accommodate the specific
5 needs of this state.
6 2.1. Has a reasonable and substantial connection with
7 the health, safety, and welfare of the general public.
8 3.2. Strengthens or improves the Florida Building
9 Code, or in the case of innovation or new technology, will
10 provide equivalent or better products or methods or systems of
11 construction.
12 4.3. Does not discriminate against materials,
13 products, methods, or systems of construction of demonstrated
14 capabilities.
15 5.4. Does not degrade the effectiveness of the Florida
16 Building Code.
17
18 Furthermore, the Florida Building Commission may approve
19 technical amendments to the code once each year to incorporate
20 into the Florida Building Code its own interpretations of the
21 code which are embodied in its opinions, final orders, and
22 declaratory statements, and interpretations of hearing officer
23 panels under s. 553.775(3)(c), but shall do so only to the
24 extent that incorporation of interpretations is needed to
25 modify the foundation codes to accommodate the specific needs
26 of this state. Amendments approved under this paragraph shall
27 be adopted by rule pursuant to ss. 120.536(1) and 120.54,
28 after the amendments have been subjected to the provisions of
29 subsection (3).
30 (c) The commission may not approve any proposed
31 amendment that does not accurately and completely address all
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1 requirements for amendment which are set forth in this
2 section. The commission shall require all proposed amendments
3 and information submitted with proposed amendments to be
4 reviewed by commission staff prior to consideration by any
5 technical advisory committee. These reviews shall be for
6 sufficiency only and are not intended to be qualitative in
7 nature. Staff members shall reject any proposed amendment that
8 fails to include a fiscal impact statement. Proposed
9 amendments rejected by members of the staff may not be
10 considered by the commission or any technical advisory
11 committee.
12 Section 8. Section 553.77, Florida Statutes, is
13 amended to read:
14 553.77 Specific powers of the commission.--
15 (1) The commission shall:
16 (a) Adopt and update the Florida Building Code or
17 amendments thereto, pursuant to ss. 120.536(1) and 120.54.
18 (b) Make a continual study of the operation of the
19 Florida Building Code and other laws relating to the design,
20 construction, erection, alteration, modification, repair, or
21 demolition of public or private buildings, structures, and
22 facilities, including manufactured buildings, and code
23 enforcement, to ascertain their effect upon the cost of
24 building construction and determine the effectiveness of their
25 provisions. Upon updating the Florida Building Code every 3
26 years, the commission shall review existing provisions of law
27 and make recommendations to the Legislature for the next
28 regular session of the Legislature regarding provisions of law
29 that should be revised or repealed to ensure consistency with
30 the Florida Building Code at the point the update goes into
31 effect. State agencies and local jurisdictions shall provide
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1 such information as requested by the commission for evaluation
2 of and recommendations for improving the effectiveness of the
3 system of building code laws for reporting to the Legislature
4 annually. Failure to comply with this or other requirements of
5 this act must be reported to the Legislature for further
6 action. Any proposed legislation providing for the revision or
7 repeal of existing laws and rules relating to technical
8 requirements applicable to building structures or facilities
9 should expressly state that such legislation is not intended
10 to imply any repeal or sunset of existing general or special
11 laws governing any special district that are not specifically
12 identified in the legislation.
13 (c) Upon written application by any substantially
14 affected person or a local enforcement agency, issue
15 declaratory statements pursuant to s. 120.565 relating to new
16 technologies, techniques, and materials which have been tested
17 where necessary and found to meet the objectives of the
18 Florida Building Code. This paragraph does not apply to the
19 types of products, materials, devices, or methods of
20 construction required to be approved under paragraph (f) (i).
21 (d) Upon written application by any substantially
22 affected person, state agency, or a local enforcement agency,
23 issue declaratory statements pursuant to s. 120.565 relating
24 to the enforcement or administration by local governments of
25 the Florida Building Code. Paragraph (h) provides the
26 exclusive remedy for addressing local interpretations of the
27 code.
28 (e) When requested in writing by any substantially
29 affected person, state agency, or a local enforcing agency,
30 shall issue declaratory statements pursuant to s. 120.565
31 relating to this part and ss. 515.25, 515.27, 515.29, and
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1 515.37. Actions of the commission are subject to judicial
2 review pursuant to s. 120.68.
3 (d)(f) Make recommendations to, and provide assistance
4 upon the request of, the Florida Commission on Human Relations
5 regarding rules relating to accessibility for persons with
6 disabilities.
7 (e)(g) Participate with the Florida Fire Code Advisory
8 Council created under s. 633.72, to provide assistance and
9 recommendations relating to firesafety code interpretations.
10 The administrative staff of the commission shall attend
11 meetings of the Florida Fire Code Advisory Council and
12 coordinate efforts to provide consistency between the Florida
13 Building Code and the Florida Fire Prevention Code and the
14 Life Safety Code.
15 (h) Hear appeals of the decisions of local boards of
16 appeal regarding interpretation decisions of local building
17 officials, or if no local board exists, hear appeals of
18 decisions of the building officials regarding interpretations
19 of the code. For such appeals:
20 1. Local decisions declaring structures to be unsafe
21 and subject to repair or demolition shall not be appealable to
22 the commission if the local governing body finds there is an
23 immediate danger to the health and safety of its citizens.
24 2. All appeals shall be heard in the county of the
25 jurisdiction defending the appeal.
26 3. Hearings shall be conducted pursuant to chapter 120
27 and the uniform rules of procedure, and decisions of the
28 commission are subject to judicial review pursuant to s.
29 120.68.
30 (f)(i) Determine the types of products which may be
31 approved by the commission requiring approval for local or
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1 statewide use and shall provide for the evaluation and
2 approval of such products, materials, devices, and method of
3 construction for statewide use. The commission may prescribe
4 by rule a schedule of reasonable fees to provide for
5 evaluation and approval of products, materials, devices, and
6 methods of construction. Evaluation and approval shall be by
7 action of the commission or delegated pursuant to s. 553.842.
8 This paragraph does not apply to products approved by the
9 State Fire Marshal.
10 (g)(j) Appoint experts, consultants, technical
11 advisers, and advisory committees for assistance and
12 recommendations relating to the major areas addressed in the
13 Florida Building Code.
14 (h)(k) Establish and maintain a mutual aid program,
15 organized through the department, to provide an efficient
16 supply of various levels of code enforcement personnel, design
17 professionals, commercial property owners, and construction
18 industry individuals, to assist in the rebuilding effort in an
19 area which has been hit with disaster. The program shall
20 include provisions for:
21 1. Minimum postdisaster structural, electrical, and
22 plumbing inspections and procedures.
23 2. Emergency permitting and inspection procedures.
24 3. Establishing contact with emergency management
25 personnel and other state and federal agencies.
26 (i)(l) Maintain a list of interested parties for
27 noticing rulemaking workshops and hearings, disseminating
28 information on code adoption, revisions, amendments, and all
29 other such actions which are the responsibility of the
30 commission.
31
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1 (j)(m) Coordinate with the state and local
2 governments, industry, and other affected stakeholders in the
3 examination of legislative provisions and make recommendations
4 to fulfill the responsibility to develop a consistent, single
5 code.
6 (k)(n) Provide technical assistance to local building
7 departments in order to implement policies, procedures, and
8 practices which would produce the most cost-effective property
9 insurance ratings.
10 (l)(o) Develop recommendations for local governments
11 to use when pursuing partial or full privatization of building
12 department functions. The recommendations shall include, but
13 not be limited to, provisions relating to equivalency of
14 service, conflict of interest, requirements for competency,
15 liability, insurance, and long-term accountability.
16 (2) Upon written application by any substantially
17 affected person, the commission shall issue a declaratory
18 statement pursuant to s. 120.565 relating to a state agency's
19 interpretation and enforcement of the specific provisions of
20 the Florida Building Code the agency is authorized to enforce.
21 The provisions of this subsection shall not be construed to
22 provide any powers, other than advisory, to the commission
23 with respect to any decision of the State Fire Marshal made
24 pursuant to the provisions of chapter 633.
25 (3) The commission may designate a commission member
26 with demonstrated expertise in interpreting building plans to
27 attend each meeting of the advisory council created in s.
28 553.512. The commission member may vary from meeting to
29 meeting, shall serve on the council in a nonvoting capacity,
30 and shall receive per diem and expenses as provided in s.
31 553.74(3).
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1 (2)(4) For educational and public information
2 purposes, the commission shall develop and publish an
3 informational and explanatory document which contains
4 descriptions of the roles and responsibilities of the licensed
5 design professional, residential designer, contractor, and
6 local building and fire code officials. The State Fire Marshal
7 shall be responsible for developing and specifying roles and
8 responsibilities for fire code officials. Such document may
9 also contain descriptions of roles and responsibilities of
10 other participants involved in the building codes system.
11 (3)(5) The commission may provide by rule for plans
12 review and approval of prototype buildings owned by public and
13 private entities to be replicated throughout the state. The
14 rule must allow for review and approval of plans and changes
15 to approved plans for prototype buildings to be performed by a
16 public or private entity with oversight by the commission. The
17 department may charge reasonable fees to cover the
18 administrative costs of the program. Such approved plans or
19 prototype buildings shall be exempt from further review
20 required by s. 553.79(2), except changes to the prototype
21 design, site plans, and other site-related items. Changes to
22 an approved plan may be approved by the local building
23 department or by the public or private entity that approved
24 the plan. As provided in s. 553.73, prototype buildings are
25 exempt from any locally adopted amendment to any part of the
26 Florida Building Code. Construction or erection of such
27 prototype buildings is subject to local permitting and
28 inspections pursuant to this part.
29 (4)(6) The commission may produce and distribute a
30 commentary document to accompany the Florida Building Code.
31 The commentary must be limited in effect to providing
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1 technical assistance and must not have the effect of binding
2 interpretations of the code document itself.
3 (5) A member of the Florida Building Commission may
4 abstain from voting in any matter before the commission which
5 would inure to the commissioner's special private gain or
6 loss, which the commissioner knows would inure to the special
7 private gain or loss of any principal by whom he or she is
8 retained or to the parent organization or subsidiary of a
9 corporate principal by which he or she is retained, or which
10 he or she knows would inure to the special private gain or
11 loss of a relative or business associate of the commissioner.
12 A commissioner shall abstain from voting under the foregoing
13 circumstances if the matter is before the commission under ss.
14 120.569, 120.60, and 120.80. The commissioner shall, before
15 the vote is taken, publicly state to the assembly the nature
16 of the commissioner's interest in the matter from which he or
17 she is abstaining from voting and, within 15 days after the
18 vote occurs, disclose the nature of his other interest as a
19 public record in a memorandum filed with the person
20 responsible for recording the minutes of the meeting, who
21 shall incorporate the memorandum in the minutes.
22 (7) The commission shall by rule establish an informal
23 process of rendering nonbinding interpretations of the Florida
24 Building Code. The commission is specifically authorized to
25 refer interpretive issues to organizations that represent
26 those engaged in the construction industry. The commission is
27 directed to immediately implement the process prior to the
28 completion of formal rulemaking. It is the intent of the
29 Legislature that the commission create a process to refer
30 questions to a small, rotating group of individuals licensed
31 under part XII of chapter 468, to which a party can pose
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1 questions regarding the interpretation of code provisions. It
2 is the intent of the Legislature that the process provide for
3 the expeditious resolution of the issues presented and
4 publication of the resulting interpretation on the Building
5 Code Information System. Such interpretations are to be
6 advisory only and nonbinding on the parties or the commission.
7 Section 9. Section 553.775, Florida Statutes, is
8 created to read:
9 553.775 Interpretations.--
10 (1) It is the intent of the Legislature that the
11 Florida Building Code be interpreted by building officials,
12 local enforcement agencies, and the commission in a manner
13 that protects the public safety, health, and welfare at the
14 most reasonable cost to the consumer by ensuring uniform
15 interpretations throughout the state and by providing
16 processes for resolving disputes regarding interpretations of
17 the Florida Building Code which are just and expeditious.
18 (2) Local enforcement agencies, local building
19 officials, state agencies, and the commission shall interpret
20 provisions of the Florida Building Code in a manner that is
21 consistent with declaratory statements and interpretations
22 entered by the commission, except that conflicts between the
23 Florida Fire Prevention Code and the Florida Building Code
24 shall be resolved in accordance with s. 553.73(9)(c) and (d).
25 (3) The following procedures may be invoked regarding
26 interpretations of the Florida Building Code:
27 (a) Upon written application by any substantially
28 affected person or state agency or by a local enforcement
29 agency, the commission shall issue declaratory statements
30 pursuant to s. 120.565 relating to the enforcement or
31
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1 administration by local governments of the Florida Building
2 Code.
3 (b) When requested in writing by any substantially
4 affected person or state agency or by a local enforcement
5 agency, the commission shall issue a declaratory statement
6 pursuant to s. 120.565 relating to this part and ss. 515.25,
7 515.27, 515.29, and 515.37. Actions of the commission are
8 subject to judicial review under s. 120.68.
9 (c) The commission shall review decisions of local
10 building officials and local enforcement agencies regarding
11 interpretations of the Florida Building Code after the local
12 board of appeals has considered the decision, if such board
13 exists, and if such appeals process is concluded within 25
14 business days.
15 1. The commission shall coordinate with the Building
16 Officials Association of Florida, Inc., to designate panels
17 composed of five members to hear requests to review decisions
18 of local building officials. The members must be licensed as
19 building code administrators under part XII of chapter 468 and
20 must have experience interpreting and enforcing provisions of
21 the Florida Building Code.
22 2. Requests to review a decision of a local building
23 official interpreting provisions of the Florida Building Code
24 may be initiated by any substantially affected person,
25 including an owner or builder subject to a decision of a local
26 building official or an association of owners or builders
27 having members who are subject to a decision of a local
28 building official. In order to initiate review, the
29 substantially affected person must file a petition with the
30 commission. The commission shall adopt a form for the
31 petition, which shall be published on the Building Code
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1 Information System. The form shall, at a minimum, require the
2 following:
3 a. The name and address of the county or municipality
4 in which provisions of the Florida Building Code are being
5 interpreted.
6 b. The name and address of the local building official
7 who has made the interpretation being appealed.
8 c. The name, address, and telephone number of the
9 petitioner; the name, address, and telephone number of the
10 petitioner's representative, if any; and an explanation of how
11 the petitioner's substantial interests are being affected by
12 the local interpretation of the Florida Building Code.
13 d. A statement of the provisions of the Florida
14 Building Code which are being interpreted by the local
15 building official.
16 e. A statement of the interpretation given to
17 provisions of the Florida Building Code by the local building
18 official and the manner in which the interpretation was
19 rendered.
20 f. A statement of the interpretation that the
21 petitioner contends should be given to the provisions of the
22 Florida Building Code and a statement supporting the
23 petitioner's interpretation.
24 g. Space for the local building official to respond in
25 writing. The space shall, at a minimum, require the local
26 building official to respond by providing a statement
27 admitting or denying the statements contained in the petition
28 and a statement of the interpretation of the provisions of the
29 Florida Building Code which the local jurisdiction or the
30 local building official contends is correct, including the
31 basis for the interpretation.
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1 3. The petitioner shall submit the petition to the
2 local building official, who shall place the date of receipt
3 on the petition. The local building official shall respond to
4 the petition in accordance with the form and shall return the
5 petition along with his or her response to the petitioner
6 within 5 days after receipt, exclusive of Saturdays, Sundays,
7 and legal holidays. The petitioner may file the petition with
8 the commission at any time after the local building official
9 provides a response. If no response is provided by the local
10 building official, the petitioner may file the petition with
11 the commission 10 days after submission of the petition to the
12 local building official and shall note that the local building
13 official did not respond.
14 4. Upon receipt of a petition that meets the
15 requirements of subparagraph 2., the commission shall
16 immediately provide copies of the petition to a panel, and the
17 commission shall publish the petition, including any response
18 submitted by the local building official, on the Building Code
19 Information System in a manner that allows interested persons
20 to address the issues by posting comments.
21 5. The panel shall conduct proceedings as necessary to
22 resolve the issues; shall give due regard to the petitions,
23 the response, and to comments posed on the Building Code
24 Information System; and shall issue an interpretation
25 regarding the provisions of the Florida Building Code within
26 21 days after the filing of the petition. The panel shall
27 render a determination based upon the Florida Building Code
28 or, if the code is ambiguous, the intent of the code. The
29 panel's interpretation shall be provided to the commission,
30 which shall publish the interpretation on the Building Code
31 Information System and in the Florida Administrative Weekly.
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1 The interpretation shall be considered an interpretation
2 entered by the commission, and shall be binding upon the
3 parties and upon all jurisdictions subject to the Florida
4 Building Code, unless it is superseded by a declaratory
5 statement issued by the Florida Building Commission or by a
6 final order entered after an appeal proceeding conducted in
7 accordance with subparagraph 7.
8 6. It is the intent of the Legislature that review
9 proceedings be completed within 21 days after the date that a
10 petition seeking review is filed with the commission, and the
11 time periods set forth in this paragraph may be waived only
12 upon consent of all parties.
13 7. Any substantially affected person may appeal an
14 interpretation rendered by a hearing officer panel by filing a
15 petition with the commission. Such appeals shall be initiated
16 in accordance with chapter 120 and the uniform rules of
17 procedure and must be filed within 30 days after publication
18 of the interpretation on the Building Code Information System
19 or in the Florida Administrative Weekly. Hearings shall be
20 conducted pursuant to chapter 120 and the uniform rules of
21 procedure. Decisions of the commission are subject to judicial
22 review pursuant to s. 120.68. The final order of the
23 commission is binding upon the parties and upon all
24 jurisdictions subject to the Florida Building Code.
25 8. The burden of proof in any proceeding initiated in
26 accordance with subparagraph 7. is on the party who initiated
27 the appeal.
28 9. In any review proceeding initiated in accordance
29 with this paragraph, including any proceeding initiated in
30 accordance with subparagraph 7., the fact that an owner or
31 builder has proceeded with construction may not be grounds for
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1 determining an issue to be moot if the issue is one that is
2 likely to arise in the future.
3
4 This paragraph provides the exclusive remedy for addressing
5 requests to review local interpretations of the code and
6 appeals from review proceedings.
7 (d) Local decisions declaring structures to be unsafe
8 and subject to repair or demolition are not subject to review
9 under this subsection and may not be appealed to the
10 commission if the local governing body finds that there is an
11 immediate danger to the health and safety of the public.
12 (e) Upon written application by any substantially
13 affected person, the commission shall issue a declaratory
14 statement pursuant to s. 120.565 relating to an agency's
15 interpretation and enforcement of the specific provisions of
16 the Florida Building Code which the agency is authorized to
17 enforce. This subsection does not provide any powers, other
18 than advisory, to the commission with respect to any decision
19 of the State Fire Marshal made pursuant to chapter 633.
20 (f) The commission may designate a commission member
21 who has demonstrated expertise in interpreting building plans
22 to attend each meeting of the advisory council created in s.
23 553.512. The commission member may vary from meeting to
24 meeting, shall serve on the council in a nonvoting capacity,
25 and shall receive per diem and expenses as provided in s.
26 553.74(3).
27 (g) The commission shall by rule establish an informal
28 process of rendering nonbinding interpretations of the Florida
29 Building Code. The commission is specifically authorized to
30 refer interpretive issues to organizations that represent
31 those engaged in the construction industry. The commission
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1 shall immediately implement the process before completing
2 formal rulemaking. It is the intent of the Legislature that
3 the commission create a process to refer questions to a small,
4 rotating group of individuals licensed under part XII of
5 chapter 468, to which a party may pose questions regarding the
6 interpretation of code provisions. It is the intent of the
7 Legislature that the process provide for the expeditious
8 resolution of the issues presented and publication of the
9 resulting interpretation on the Building Code Information
10 System. Such interpretations shall be advisory only and
11 nonbinding on the parties and the commission.
12 (4) In order to administer this section, the
13 commission may adopt by rule and impose a fee for binding
14 interpretations to recoup the cost of the proceedings which
15 may not exceed $250 for each request for a review or
16 interpretation. For proceedings conducted by or in
17 coordination with a third-party, the rule may provide that
18 payment be made directly to the third party, who shall remit
19 to the department that portion of the fee necessary to cover
20 the costs of the department.
21 Section 10. Subsection (14) of section 553.79, Florida
22 Statutes, is amended to read:
23 553.79 Permits; applications; issuance; inspections.--
24 (14) Certifications by contractors authorized under
25 the provisions of s. 489.115(4)(b) shall be considered
26 equivalent to sealed plans and specifications by a person
27 licensed under chapter 471 or chapter 481 by local enforcement
28 agencies for plans review for permitting purposes relating to
29 compliance with the wind resistance provisions of the code or
30 alternate methodologies approved by the commission for one and
31 two family dwellings. Local enforcement agencies may rely upon
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1 such certification by contractors that the plans and
2 specifications submitted conform to the requirements of the
3 code for wind resistance. Upon good cause shown, local
4 government code enforcement agencies may accept or reject
5 plans sealed by persons licensed under chapter 471, chapter
6 481, or chapter 489. A truss-placement plan is not required to
7 be signed and sealed by an engineer or architect unless
8 prepared by an engineer or architect or specifically required
9 by the Florida Building Code.
10 Section 11. Paragraph (f) of subsection (1),
11 subsections (2) and (4), paragraph (a) of subsection (6), and
12 subsections (7), (9), (11), (12), (14), (15), and (17) of
13 section 553.791, Florida Statutes, are amended to read:
14 553.791 Alternative plans review and inspection.--
15 (1) As used in this section, the term:
16 (f) "Permit application" means a properly completed
17 and submitted application for:
18 1. the requested building or construction permit,
19 including:.
20 1.2. The plans reviewed by the private provider.
21 2.3. The affidavit from the private provider required
22 pursuant to subsection (5).
23 3.4. Any applicable fees.
24 4.5. Any documents required by the local building
25 official to determine that the fee owner has secured all other
26 government approvals required by law.
27 (2) Notwithstanding any other provision of law or
28 local government ordinance or local policy, the fee owner of a
29 building or structure, or the fee owner's contractor upon
30 written authorization from the fee owner, may choose to use a
31 private provider to provide building code inspection services
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1 with regard to such building or structure and may make payment
2 directly to the private provider for the provision of such
3 services. All such services shall be the subject of a written
4 contract between the private provider, or the private
5 provider's firm, and the fee owner. The fee owner may elect to
6 use a private provider to provide either plans review or
7 required building inspections, or both. However, if the fee
8 owner or the fee owner's contractor uses a private provider to
9 provide plans review, the local building official, in his or
10 her discretion and pursuant to duly adopted policies of the
11 local enforcement agency, may require the fee owner or the fee
12 owner's contractor who desires to use a private provider to
13 use the private provider to also provide both plans review and
14 required building inspections inspection services .
15 (4) A fee owner or the fee owner's contractor using a
16 private provider to provide building code inspection services
17 shall notify the local building official at the time of permit
18 application, or no less than 7 business days prior to the
19 first scheduled inspection by the local building official or
20 building code enforcement agency for a private provider
21 performing required inspections of construction under this
22 section, on a form to be adopted by the commission. This
23 notice shall include the following information:
24 (a) The services to be performed by the private
25 provider.
26 (b) The name, firm, address, telephone number, and
27 facsimile number of each private provider who is performing or
28 will perform such services, his or her professional license or
29 certification number, qualification statements or resumes,
30 and, if required by the local building official, a certificate
31 of insurance demonstrating that professional liability
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1 insurance coverage is in place for the private provider's
2 firm, the private provider, and any duly authorized
3 representative in the amounts required by this section.
4 (c) An acknowledgment from the fee owner in
5 substantially the following form:
6
7 I have elected to use one or more private providers to provide
8 building code plans review and/or inspection services on the
9 building or structure that is the subject of the enclosed
10 permit application, as authorized by s. 553.791, Florida
11 Statutes. I understand that the local building official may
12 not review the plans submitted or perform the required
13 building inspections to determine compliance with the
14 applicable codes, except to the extent specified in said law.
15 Instead, plans review and/or required building inspections
16 will be performed by licensed or certified personnel
17 identified in the application. The law requires minimum
18 insurance requirements for such personnel, but I understand
19 that I may require more insurance to protect my interests. By
20 executing this form, I acknowledge that I have made inquiry
21 regarding the competence of the licensed or certified
22 personnel and the level of their insurance and am satisfied
23 that my interests are adequately protected. I agree to
24 indemnify, defend, and hold harmless the local government, the
25 local building official, and their building code enforcement
26 personnel from any and all claims arising from my use of these
27 licensed or certified personnel to perform building code
28 inspection services with respect to the building or structure
29 that is the subject of the enclosed permit application.
30
31
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1 If the fee owner or the fee owner's contractor makes any
2 changes to the listed private providers or the services to be
3 provided by those private providers, the fee owner or the fee
4 owner's contractor shall, within 1 business day after any
5 change, update the notice to reflect such changes. In
6 addition, the fee owner or the fee owner's contractor shall
7 post at the project site, prior to the commencement of
8 construction and updated within 1 business day after any
9 change, on a form to be adopted by the commission, the name,
10 firm, address, telephone number, and facsimile number of each
11 private provider who is performing or will perform building
12 code inspection services, the type of service being performed,
13 and similar information for the primary contact of the private
14 provider on the project.
15 (6)(a) No more than Within 30 business days after
16 receipt of a permit application and the affidavit from the
17 private provider required pursuant to subsection (5), the
18 local building official shall issue the requested permit or
19 provide a written notice to the permit applicant identifying
20 the specific plan features that do not comply with the
21 applicable codes, as well as the specific code chapters and
22 sections. If the local building official does not provide a
23 written notice of the plan deficiencies within the prescribed
24 30-day period, the permit application shall be deemed approved
25 as a matter of law, and the permit shall be issued by the
26 local building official on the next business day.
27 (7) A private provider performing required inspections
28 under this section shall inspect each phase of construction as
29 required by the applicable codes. The private provider shall
30 be permitted to send a duly authorized representative to the
31 building site to perform the required inspections, provided
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1 all required reports and certifications are prepared by and
2 bear the signature of the private provider. The duly
3 authorized representative must be an employee of the private
4 provider entitled to receive unemployment compensation
5 benefits under chapter 443. The contractor's contractual or
6 legal obligations are not relieved by any action of the
7 private provider.
8 (9) Upon completing the required inspections at each
9 applicable phase of construction, the private provider shall
10 record such inspections on a form acceptable to the local
11 building official. These inspection records shall reflect
12 those inspections required by the applicable codes of each
13 phase of construction for which permitting by a local
14 enforcement agency is required. The private provider, before
15 leaving the project site, shall post each completed inspection
16 record, indicating pass or fail, at the site and provide the
17 record to the local building official within 2 business days.
18 The local building official may waive the requirement to
19 provide a record of each inspection within 2 business days if
20 the record is posted at the project site and all such
21 inspection records are submitted with the certificate of
22 compliance. Records of all required and completed inspections
23 shall be maintained at the building site at all times and made
24 available for review by the local building official. The
25 private provider shall report to the local enforcement agency
26 any condition that poses an immediate threat to public safety
27 and welfare.
28 (11) No more than Within 2 business days after receipt
29 of a request for a certificate of occupancy or certificate of
30 completion and the applicant's presentation of a certificate
31 of compliance and approval of all other government approvals
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1 required by law, the local building official shall issue the
2 certificate of occupancy or certificate of completion or
3 provide a notice to the applicant identifying the specific
4 deficiencies, as well as the specific code chapters and
5 sections. If the local building official does not provide
6 notice of the deficiencies within the prescribed 2-day period,
7 the request for a certificate of occupancy or certificate of
8 completion shall be deemed granted and the certificate of
9 occupancy or certificate of completion shall be issued by the
10 local building official on the next business day. To resolve
11 any identified deficiencies, the applicant may elect to
12 dispute the deficiencies pursuant to subsection (12) or to
13 submit a corrected request for a certificate of occupancy or
14 certificate of completion.
15 (12) If the local building official determines that
16 the building construction or plans do not comply with the
17 applicable codes, the official may deny the permit or request
18 for a certificate of occupancy or certificate of completion,
19 as appropriate, or may issue a stop-work order for the project
20 or any portion thereof as provided by law, if the official
21 determines that such noncompliance poses a threat to public
22 safety and welfare, subject to the following:
23 (a) The local building official shall be available to
24 meet with the private provider within 2 business days to
25 resolve any dispute after issuing a stop-work order or
26 providing notice to the applicant denying a permit or request
27 for a certificate of occupancy or certificate of completion.
28 (b) If the local building official and private
29 provider are unable to resolve the dispute, the matter shall
30 be referred to the local enforcement agency's board of
31 appeals, if one exists, which shall consider the matter at its
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1 next scheduled meeting or sooner. Any decisions by the local
2 enforcement agency's board of appeals, or local building
3 official if there is no board of appeals, may be appealed to
4 the commission as provided by this chapter pursuant to s.
5 553.77(1)(h).
6 (c) Notwithstanding any provision of this section, any
7 decisions regarding the issuance of a building permit,
8 certificate of occupancy, or certificate of completion may be
9 reviewed by the local enforcement agency's board of appeals,
10 if one exists. Any decision by the local enforcement agency's
11 board of appeals, or local building official if there is no
12 board of appeals, may be appealed to the commission as
13 provided by this chapter pursuant to s. 553.77(1)(h), which
14 shall consider the matter at the commission's next scheduled
15 meeting.
16 (14)(a) No local enforcement agency, local building
17 official, or local government may adopt or enforce any laws,
18 rules, procedures, policies, qualifications, or standards
19 more stringent than those prescribed by this section.
20 (b) A local enforcement agency, local building
21 official, or local government may establish, for private
22 providers and duly authorized representatives working within
23 that jurisdiction, a system of registration to verify
24 compliance with the licensure requirements of paragraph (1)(g)
25 and the insurance requirements of subsection (15).
26 (c) Nothing in this section limits the authority of
27 the local building official to issue a stop-work order for a
28 building project or any portion of such order, as provided by
29 law, if the official determines that a condition on the
30 building site constitutes an immediate threat to public safety
31 and welfare.
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1 (15) A private provider may perform building code
2 inspection services on a building project under this section
3 only if the private provider maintains insurance for
4 professional and comprehensive general liability covering with
5 minimum policy limits of $1 million per occurrence relating to
6 all services performed as a private provider. Such insurance
7 shall have minimum policy limits of $1 million per occurrence
8 and $2 million in the aggregate for any project with a
9 construction cost of $5 million or less and $2 million per
10 occurrence and $4 million in the aggregate for any project
11 with a construction cost of over $5 million. Nothing in this
12 section limits the ability of a fee owner to require
13 additional insurance or higher policy limits. For these
14 purposes, the term "construction cost" means the total cost of
15 building construction as stated in the building permit
16 application. If the private provider chooses to secure
17 claims-made coverage to fulfill this requirement, the private
18 provider must also maintain, including tail coverage for a
19 minimum of 5 years subsequent to the performance of building
20 code inspection services. The insurance required under this
21 subsection shall be written only by insurers authorized to do
22 business in this state with a minimum A.M. Best's rating of A.
23 Before providing building code inspection services within a
24 local building official's jurisdiction, a private provider
25 must provide to the local building official a certificate of
26 insurance evidencing that the coverages required under this
27 subsection are in force.
28 (17) Each local building code enforcement agency may
29 shall develop and maintain a process to audit the performance
30 of building code inspection services by private providers
31 operating within the local jurisdiction. Work on a building or
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1 structure may proceed after inspection and approval by a
2 private provider if the provider has given notice of the
3 inspection pursuant to subsection (8) and, subsequent to such
4 inspection and approval, the work may not be delayed for
5 completion of an inspection audit by the local building code
6 enforcement agency.
7 Section 12. Paragraph (d) of subsection (1) and
8 subsection (6) of section 553.80, Florida Statutes, are
9 amended, and subsections (7) and (8) are added to that
10 section, to read:
11 553.80 Enforcement.--
12 (1) Except as provided in paragraphs (a)-(f), each
13 local government and each legally constituted enforcement
14 district with statutory authority shall regulate building
15 construction and, where authorized in the state agency's
16 enabling legislation, each state agency shall enforce the
17 Florida Building Code required by this part on all public or
18 private buildings, structures, and facilities, unless such
19 responsibility has been delegated to another unit of
20 government pursuant to s. 553.79(9).
21 (d) Building plans approved under pursuant to s.
22 553.77(3)(5) and state-approved manufactured buildings,
23 including buildings manufactured and assembled offsite and not
24 intended for habitation, such as lawn storage buildings and
25 storage sheds, are exempt from local code enforcing agency
26 plan reviews except for provisions of the code relating to
27 erection, assembly, or construction at the site. Erection,
28 assembly, and construction at the site are subject to local
29 permitting and inspections. Lawn storage buildings and storage
30 sheds bearing the insignia of approval of the department are
31 not subject to s. 553.842. Such buildings that do not exceed
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1 400 square feet may be delivered and installed without need of
2 a contractor's or specialty license.
3
4 The governing bodies of local governments may provide a
5 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
6 and this section, for the enforcement of the provisions of
7 this part. Such fees shall be used solely for carrying out the
8 local government's responsibilities in enforcing the Florida
9 Building Code. The authority of state enforcing agencies to
10 set fees for enforcement shall be derived from authority
11 existing on July 1, 1998. However, nothing contained in this
12 subsection shall operate to limit such agencies from adjusting
13 their fee schedule in conformance with existing authority.
14 (6) Notwithstanding any other provision of law, state
15 universities, community colleges, and public school districts
16 shall be subject to enforcement of the Florida Building Code
17 under pursuant to this part.
18 (a)1. State universities, state community colleges, or
19 public school districts shall conduct plan review and
20 construction inspections to enforce building code compliance
21 for their building projects that are subject to the Florida
22 Building Code. These Such entities must shall use personnel or
23 contract providers appropriately certified under part XII of
24 chapter 468 to perform the plan reviews and inspections
25 required by the code. Under these such arrangements, the such
26 entities are shall not be subject to local government
27 permitting requirements, plans review, and inspection fees.
28 State universities, state community colleges, and public
29 school districts are shall be liable and responsible for all
30 of their buildings, structures, and facilities. Nothing in
31 This paragraph does not shall be construed to limit the
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1 authority of the county, municipality, or code enforcement
2 district to ensure that buildings, structures, and facilities
3 owned by these such entities comply with the Florida Building
4 Code or to limit the authority and responsibility of the fire
5 official to conduct firesafety inspections under pursuant to
6 chapter 633.
7 2. In order to enforce building code compliance
8 independent of a county or municipality, a state university,
9 community college, or public school district may create a
10 board of adjustment and appeal to which a substantially
11 affected party may appeal an interpretation of the Florida
12 Building Code which relates to a specific project. The
13 decisions of this board, or, in its absence, the decision of
14 the building code administrator, may be reviewed under s.
15 553.775.
16 (b) If a state university, state community college, or
17 public school district elects to use a local government's code
18 enforcement offices:
19 1. Fees charged by counties and municipalities for
20 enforcement of the Florida Building Code on buildings,
21 structures, and facilities of state universities, state
22 colleges, and public school districts may shall not be more
23 than the actual labor and administrative costs incurred for
24 plans review and inspections to ensure compliance with the
25 code.
26 2. Counties and municipalities shall expedite building
27 construction permitting, building plans review, and
28 inspections of projects of state universities, state community
29 colleges, and public school districts that which are subject
30 to the Florida Building Code according to guidelines
31 established by the Florida Building Commission.
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1 3. A party substantially affected by an interpretation
2 of the Florida Building Code by the local government's code
3 enforcement offices may appeal the interpretation to the local
4 government's board of adjustment and appeal or to the
5 commission under s. 553.775 if no local board exists. The
6 decision of a local board is reviewable in accordance with s.
7 553.775.
8 (c) The Florida Building Commission and code
9 enforcement jurisdictions shall consider balancing code
10 criteria and enforcement to unique functions, where they
11 occur, of research institutions by application of performance
12 criteria in lieu of prescriptive criteria.
13 (d) School boards, community college boards, and state
14 universities may use annual facility maintenance permits to
15 facilitate routine maintenance, emergency repairs, building
16 refurbishment, and minor renovations of systems or equipment.
17 The amount expended for maintenance projects may not exceed
18 $200,000 per project. A facility maintenance permit is valid
19 for 1 year. A detailed log of alterations and inspections must
20 be maintained and annually submitted to the building official.
21 The building official retains the right to make inspections at
22 the facility site as he or she considers necessary. Code
23 compliance must be provided upon notification by the building
24 official. If a pattern of code violations is found, the
25 building official may withhold the issuance of future annual
26 facility maintenance permits.
27
28 Nothing in This part may not shall be construed to authorize
29 counties, municipalities, or code enforcement districts to
30 conduct any permitting, plans review, or inspections not
31 covered by the Florida Building Code. Any actions by counties
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1 or municipalities not in compliance with this part may be
2 appealed to the Florida Building Commission. The commission,
3 upon a determination that actions not in compliance with this
4 part have delayed permitting or construction, may suspend the
5 authority of a county, municipality, or code enforcement
6 district to enforce the Florida Building Code on the
7 buildings, structures, or facilities of a state university,
8 state community college, or public school district and provide
9 for code enforcement at the expense of the state university,
10 state community college, or public school district.
11 (7) The governing bodies of local governments may
12 provide a schedule of reasonable fees, as authorized by s.
13 125.56(2) or s. 166.222 and this section, for enforcing this
14 part. These fees, and any fines or investment earnings related
15 to the fees, shall be used solely for carrying out the local
16 government's responsibilities in enforcing the Florida
17 Building Code. When providing a schedule of reasonable fees,
18 the total estimated annual revenue derived from fees, and the
19 fines and investment earnings related to the fees, may not
20 exceed the total estimated annual costs of allowable
21 activities. Any unexpended balances shall be carried forward
22 to future years for allowable activities or shall be refunded
23 at the discretion of the local government. The basis for a fee
24 structure for allowable activities shall relate to the level
25 of service provided by the local government. Fees charged
26 shall be consistently applied.
27 (a) As used in this subsection, the phrase "enforcing
28 the Florida Building Code" includes the direct costs and
29 reasonable indirect costs associated with review of building
30 plans, building inspections, reinspections, building permit
31 processing; building code enforcement; and fire inspections
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1 associated with new construction. The phrase may also include
2 training costs associated with the enforcement of the Florida
3 Building Code and enforcement action pertaining to unlicensed
4 contractor activity to the extent not funded by other user
5 fees.
6 (b) The following activities may not be funded with
7 fees adopted for enforcing the Florida Building Code:
8 1. Planning and zoning or other general government
9 activities.
10 2. Inspections of public buildings for a reduced fee
11 or no fee.
12 3. Public information requests, community functions,
13 boards, and any program not directly related to enforcement of
14 the Florida Building Code.
15 4. Enforcement and implementation of any other local
16 ordinance, excluding validly adopted local amendments to the
17 Florida Building Code and excluding any local ordinance
18 directly related to enforcing the Florida Building Code as
19 defined in paragraph (a).
20 (c) A local government shall use recognized
21 management, accounting, and oversight practices to ensure that
22 fees, fines, and investment earnings generated under this
23 subsection are maintained and allocated or used solely for the
24 purposes described in paragraph (a).
25 (8) The Department of Agriculture and Consumer
26 Services is not subject to local government permitting
27 requirements, plan review, or inspection fees for agricultural
28 structures, such as equipment storage sheds and polebarns that
29 are not used by the public.
30 Section 13. Paragraph (c) is added to subsection (17)
31 of section 120.80, Florida Statutes, to read:
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1 120.80 Exceptions and special requirements;
2 agencies.--
3 (17) FLORIDA BUILDING COMMISSION.--
4 (c) Notwithstanding ss. 120.565, 120.569, and 120.57,
5 the Florida Building Commission and hearing officer panels
6 appointed by the commission in accordance with s.
7 553.775(3)(c)1. may conduct proceedings to review decisions of
8 local building code officials in accordance with s.
9 553.775(3)(c).
10 Section 14. Section 553.841, Florida Statutes, is
11 amended to read:
12 (Substantial rewording of section. See
13 s. 533.841, F.S., for present text.)
14 553.841 Building code education and outreach
15 program.--
16 (1) The Legislature finds that the effectiveness of
17 the building codes of this state depends on the performance of
18 all participants, as demonstrated through knowledge of the
19 codes and commitment to compliance with code directives, and
20 that to strengthen compliance by industry and enforcement by
21 government, a building code education and outreach program is
22 needed.
23 (2) There is created the Building Code Education and
24 Outreach Council to coordinate, develop, and maintain
25 education and outreach to ensure administration and
26 enforcement of the Florida Building Code.
27 (3) The Building Code Education and Outreach Council
28 shall be composed of the following members:
29 (a) Three representatives of the Florida Building
30 Commission, one of whom must be a member of a Florida-based
31 organization of persons with disabilities or a nationally
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1 chartered organization of persons with disabilities having
2 chapters in this state, selected by the commission;
3 (b) One representative of the Florida Building Code
4 Administrators and Inspectors Board, selected by that board;
5 (c) One representative of the Construction Industry
6 Licensing Board, selected by that board;
7 (d) One representative of the Electrical Contractors
8 Licensing Board, selected by that board;
9 (e) One representative of the Florida Board of
10 Professional Engineers, selected by that board;
11 (f) One architect representative of the Board of
12 Architecture and Interior Design, selected by that board;
13 (g) One interior designer representative of the Board
14 of Architecture and Interior Design, selected by that board;
15 (h) One representative of the Board of Landscape
16 Architecture, selected by that board;
17 (i) One representative from the office of the State
18 Fire Marshal, selected by that office; and
19 (j) One representative with experience and expertise
20 in K-12 public school construction.
21
22 Each member of the board shall be appointed to a 2-year term
23 and may be reappointed at the discretion of the appointing
24 body. A chair shall be elected by majority vote of the council
25 and shall serve a term of 1 year.
26 (4) The Building Code Education and Outreach Council
27 shall meet in Tallahassee no more than semiannually. The
28 council may meet more often but not more than monthly, and
29 such additional meetings shall be by telephone conference
30 call. Travel costs, if any, shall be borne by the respective
31 appointing entity. The Department of Community Affairs shall
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1 provide administrative support to the council; however, the
2 department may contract with an entity that has previous
3 experience with building code training, development, and
4 coordination to provide administrative support for the
5 council.
6 (5) The Building Code Education and Outreach Council
7 shall:
8 (a) Consider and determine any policies or procedures
9 needed to administer ss. 489.109(3) and 489.509(3).
10 (b) Administer the provisions of this section.
11 (c) Determine the areas of priority for which funds
12 should be expended for education and outreach.
13 (d) Review all proposed subjects for advanced courses
14 concerning the Florida Building Code and recommend to the
15 commission any related subjects that should be approved for
16 advanced courses.
17 (6) The Building Code Education and Outreach Council
18 shall maintain, update, develop, or cause to be developed:
19 (a) A core curriculum that is prerequisite to the
20 advanced module coursework.
21 (b) Advanced modules designed for use by each
22 profession.
23 (c) The core curriculum developed under this
24 subsection must be approved by the commission and submitted to
25 the Department of Business and Professional Regulation for
26 approval. Advanced modules developed under this paragraph must
27 be approved by the commission and submitted to the respective
28 boards for approval.
29 (7) The core curriculum shall cover the information
30 required to have all categories of participants appropriately
31 informed as to their technical and administrative
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1 responsibilities in the effective execution of the code
2 process by all individuals currently licensed under part XII
3 of chapter 468, chapter 471, chapter 481, or chapter 489,
4 except as otherwise provided in s. 471.017. The core
5 curriculum shall be prerequisite to the advanced module
6 coursework for all licensees and shall be completed by
7 individuals licensed in all categories under part XII of
8 chapter 468, chapter 471, chapter 481, or chapter 489 within
9 the first 2-year period after initial licensure. Core course
10 hours taken by licensees to complete this requirement shall
11 count toward fulfillment of required continuing education
12 units under part XII of chapter 468, chapter 471, chapter 481,
13 or chapter 489.
14 (8) Each biennium, upon receipt of funds by the
15 Department of Community Affairs from the Construction Industry
16 Licensing Board and the Electrical Contractors' Licensing
17 Board provided under ss. 489.109(3) and 489.509(3), the
18 council shall determine the amount of funds available for
19 education and outreach projects from the proceeds of
20 contractor licensing fees and identify, solicit, and accept
21 funds from other sources for education and outreach projects.
22 (9) If funds collected for education and outreach
23 projects in any year do not require the use of all available
24 funds, the unused funds shall be carried forward and allocated
25 for use during the following fiscal year.
26 (10) The commission shall consider and approve or
27 reject the recommendations made by the council for subjects
28 for education and outreach concerning the Florida Building
29 Code. Any rejection must be made with specificity and must be
30 communicated to the council.
31
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1 (11) The commission shall adopt rules for establishing
2 procedures and criteria for the approval of advanced courses.
3 This section does not modify or eliminate the continuing
4 education course requirements or authority of any licensing
5 board under part XII of chapter 468, chapter 471, chapter 481,
6 or chapter 489.
7 Section 15. Section 553.8413, Florida Statutes, is
8 repealed.
9 Section 16. Subsections (3), (4), (5), (6), (7), (8),
10 paragraph (a) of subsection (9), and subsection (16) of
11 section 553.842, Florida Statutes, are amended to read:
12 553.842 Product evaluation and approval.--
13 (3) Products or methods or systems of construction
14 that require approval under s. 553.77, that have standardized
15 testing or comparative or rational analysis methods
16 established by the code, and that are certified by an approved
17 product evaluation entity, testing laboratory, or
18 certification agency as complying with the standards specified
19 by the code shall be approved for local or statewide use.
20 Products required to be approved for statewide use shall be
21 approved by one of the methods established in subsection (6)
22 without further evaluation.
23 (4) By October 1, 2003, Products or methods or systems
24 of construction requiring approval under s. 553.77 must be
25 approved by one of the methods established in subsection (5)
26 or subsection (6) before their use in construction in this
27 state. Products may be approved either by the commission for
28 statewide use, or by a local building department for use in
29 that department's jurisdiction only. Notwithstanding a local
30 government's authority to amend the Florida Building Code as
31 provided in this act, statewide approval shall preclude local
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1 jurisdictions from requiring further testing, evaluation, or
2 submission of other evidence as a condition of using the
3 product so long as the product is being used consistent with
4 the conditions of its approval.
5 (5) Local approval of products or methods or systems
6 of construction may be achieved by the local building official
7 through building plans review and inspection to determine that
8 the product, method, or system of construction complies with
9 the prescriptive standards established in the code.
10 Alternatively, local approval may be achieved by one of the
11 methods established in subsection (6).
12 (5)(6) Statewide or local approval of products,
13 methods, or systems of construction may be achieved by one of
14 the following methods. One of these methods must be used by
15 local officials or the commission to approve the following
16 categories of products: panel walls, exterior doors, roofing,
17 skylights, windows, shutters, and structural components as
18 established by the commission by rule.
19 (a) Products for which the code establishes
20 standardized testing or comparative or rational analysis
21 methods shall be approved by submittal and validation of one
22 of the following reports or listings indicating that the
23 product or method or system of construction was evaluated to
24 be in compliance with the Florida Building Code and that the
25 product or method or system of construction is, for the
26 purpose intended, at least equivalent to that required by the
27 Florida Building Code:
28 1. A certification mark or listing of an approved
29 certification agency;
30 2. A test report from an approved testing laboratory;
31
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1 3. A product evaluation report based upon testing or
2 comparative or rational analysis, or a combination thereof,
3 from an approved product evaluation entity; or
4 4. A product evaluation report based upon testing or
5 comparative or rational analysis, or a combination thereof,
6 developed and signed and sealed by a professional engineer or
7 architect, licensed in this state.
8
9 A product evaluation report or a certification mark or listing
10 of an approved certification agency which demonstrates that
11 the product or method or system of construction complies with
12 the Florida Building Code for the purpose intended shall be
13 equivalent to a test report and test procedure as referenced
14 in the Florida Building Code.
15 (b) Products, methods, or systems of construction for
16 which there are no specific standardized testing or
17 comparative or rational analysis methods established in the
18 code may be approved by submittal and validation of one of the
19 following:
20 1. A product evaluation report based upon testing or
21 comparative or rational analysis, or a combination thereof,
22 from an approved product evaluation entity indicating that the
23 product or method or system of construction was evaluated to
24 be in compliance with the intent of the Florida Building Code
25 and that the product or method or system of construction is,
26 for the purpose intended, at least equivalent to that required
27 by the Florida Building Code; or
28 2. A product evaluation report based upon testing or
29 comparative or rational analysis, or a combination thereof,
30 developed and signed and sealed by a professional engineer or
31 architect, licensed in this state, who certifies that the
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1 product or method or system of construction is, for the
2 purpose intended, at least equivalent to that required by the
3 Florida Building Code.
4 (6)(7) The commission shall ensure that product
5 manufacturers that obtain statewide product approval operate
6 quality assurance programs for all approved products. The
7 commission shall adopt by rule criteria for operation of the
8 quality assurance programs.
9 (7)(8) For local approvals, validation shall be
10 performed by the local building official. The commission shall
11 adopt by rule criteria constituting complete validation by the
12 local official, including, but not limited to, criteria
13 governing verification of a quality assurance program. For
14 state approvals, validation shall be performed by validation
15 entities approved by the commission. The commission shall
16 adopt by rule criteria for approval of validation entities,
17 which shall be third-party entities independent of the
18 product's manufacturer and which shall certify to the
19 commission the product's compliance with the code.
20 (8)(9) The commission may adopt rules to approve the
21 following types of entities that produce information on which
22 product approvals are based. All of the following entities,
23 including engineers and architects, must comply with a
24 nationally recognized standard demonstrating independence or
25 no conflict of interest:
26 (a) Evaluation entities that meet the criteria for
27 approval adopted by the commission by rule. The commission
28 shall specifically approve the National Evaluation Service,
29 the International Conference of Building Officials Evaluation
30 Services, the International Code Council Evaluation Services,
31 the Building Officials and Code Administrators International
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1 Evaluation Services, the Southern Building Code Congress
2 International Evaluation Services, and the Miami-Dade County
3 Building Code Compliance Office Product Control. Architects
4 and engineers licensed in this state are also approved to
5 conduct product evaluations as provided in subsection (5) (6).
6 (16) The commission may adopt a rule listing the
7 prescriptive, material standards and alternative means by
8 which products subject to those standards may demonstrate
9 compliance with the code. The commission shall establish a
10 schedule for adoption of the rules required in this section to
11 ensure that the product manufacturing industry has sufficient
12 time to revise products to meet the requirements for approval
13 and submit them for testing or evaluation before the system
14 takes effect on October 1, 2003, and to ensure that the
15 availability of statewide approval is not delayed.
16 Section 17. Subsection (9) of section 633.025, Florida
17 Statutes, is amended, and subsection (10) is added to that
18 section to read:
19 633.025 Minimum firesafety standards.--
20 (9) The provisions of the Life Safety Code shall not
21 apply to newly constructed one-family and two-family
22 dwellings. However, fire sprinkler protection may be
23 permitted by local government in lieu of other fire
24 protection-related development requirements for such
25 structures. While local governments may adopt fire sprinkler
26 requirements for one and two-family dwellings under this
27 subsection, it is the intent of the Legislature that the
28 economic consequences of the fire sprinkler mandate on home
29 owners be studied before the enactment of such a requirement.
30 After the effective date of this act, any local government
31 that desires to adopt a fire sprinkler requirement on one or
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1 two-family dwellings must prepare an economic cost and benefit
2 report that analyzes the application of fire sprinklers to one
3 or two-family dwellings or any proposed residential
4 subdivision. The report must consider the tradeoffs and
5 specific cost-savings and benefits of fire sprinklers for
6 future owners of property. The report must include an
7 assessment of the cost savings from any reduced or eliminated
8 impact fees if applicable, the reduction in special fire
9 district tax, insurance fees, and other taxes or fees imposed,
10 and the waiver of certain infrastructure requirements
11 including the reduction of roadway widths, the reduction of
12 water line sizes, increased fire hydrant spacing, increased
13 dead-end road way length and a reduction in cul-de-sac sizes
14 relative to the costs from fire sprinkling. A failure to
15 prepare an economic report shall result in the invalidation of
16 the fire sprinkler requirement to any one or two-family
17 dwelling or any proposed subdivision. In addition, a local
18 jurisdiction or utility may not charge any additional fee,
19 above what is charged to a non-fire sprinklered dwelling, on
20 the basis that a one or two-family dwelling unit is protected
21 by a fire sprinkler system.
22 (10) Before imposing a fire sprinkler requirement on
23 any one or two-family dwelling, a local government must
24 provide the owner of any one or two-family dwelling a letter
25 documenting specific infrastructure or other tax or fee
26 allowances and waivers that are listed in but not limited to
27 those described in subsection (9) for the dwelling. The
28 documentation must show that the cost savings reasonably
29 approximate the cost of the purchase and installation of a
30 fire protection system.
31
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1 Section 18. Section 633.026, Florida Statutes, is
2 created to read:
3 633.026 Informal interpretations of the Florida Fire
4 Prevention Code.--The Division of State Fire Marshal shall by
5 rule establish an informal process of rendering nonbinding
6 interpretations of the Florida Fire Prevention Code. The
7 Division of State Fire Marshal may contract with and refer
8 interpretive issues to a nonprofit organization that has
9 experience in interpreting and enforcing the Florida Fire
10 Prevention Code. The Division of State Fire Marshal shall
11 immediately implement the process prior to the completion of
12 formal rulemaking. It is the intent of the Legislature that
13 the Division of State Fire Marshal create a process to refer
14 questions to a small group of individuals certified under s.
15 633.081(2), to which a party can pose questions regarding the
16 interpretation of code provisions. It is the intent of the
17 Legislature that the process provide for the expeditious
18 resolution of the issues presented and publication of the
19 resulting interpretation on the website of the Division of
20 State Fire Marshal. It is the intent of the Legislature that
21 this program be similar to the program established by the
22 Florida Building Commission in s. 553.77(7). Such
23 interpretations shall be advisory only and nonbinding on the
24 parties or the State Fire Marshal. In order to administer this
25 section, the department may adopt by rule and impose a fee for
26 nonbinding interpretations, with payment made directly to the
27 third party. The fee may not exceed $150 for each request for
28 a review or interpretation.
29 Section 19. 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 (f) Designation of compliance with a prescriptive,
21 material standard adopted by the commission by rule under
22 section 553.842(16), Florida Statutes.
23 (2) For product-evaluation reports that indicate
24 compliance with the code based upon a test report from an
25 approved testing laboratory and rational or comparative
26 analysis by a Florida registered architect or Florida
27 professional engineer, the testing laboratory or the
28 evaluating architect or engineer must certify independence
29 from the product manufacturer.
30 (3) Local building officials may accept modifications
31 to approved products or their installations if sufficient
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1 evidence is submitted to the local building official to
2 demonstrate compliance with the code or the intent of the
3 code, including such evidence as certifications from a Florida
4 registered architect or Florida professional engineer.
5 (4) Products demonstrating compliance shall be
6 manufactured under a quality assurance program audited by an
7 approved quality assurance entity.
8 (5) Products bearing a certification mark, label, or
9 listing by an approved certification agency require no further
10 documentation to establish compliance with the code.
11 (6) Upon review of the compliance documentation, and a
12 finding that the product complies with the code, the authority
13 having jurisdiction or a local building official shall deem
14 the product approved for use in accordance with its approval
15 and limitation of use.
16 (7) Approval shall be valid until such time as the
17 product changes and decreases in performance; the standards of
18 the code change, requiring increased performance; or the
19 approval is otherwise suspended or revoked. Changes to the
20 code do not void the approval of products previously installed
21 in existing buildings if such products met building code
22 requirements at the time the product was installed.
23 Section 20. Mitigation Grant Program guideline.--
24 (1) The Legislature finds that facilities owned by the
25 government and those designated to protect the public should
26 be the first to adopt the best practices, active risk
27 management, and improved security planning. These facilities
28 should be protected to a higher level.
29 (2) Beginning with grant funds approved after July 1,
30 2005, the construction of new or retrofitted window or door
31 covering that is funded by a hazard-mitigation grant program
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1 or shelter-retrofit program must conform to design drawings
2 that are signed, sealed, and inspected by a structural
3 engineer who is registered in this state. Before the
4 Department of Community Affairs forwards payment to a
5 recipient of the grant, an inspection report and attestation
6 or a copy of the sign and sealed plans shall be provided to
7 the department.
8 (3) If the construction is funded by a hazard
9 mitigation grant or shelter retrofit program, the Department
10 of Community Affairs shall advise the county, municipality, or
11 other entity applying for the grant that the cost or price of
12 the project is not the sole criterion for selecting a vendor.
13 (4) A project funded under mitigation or retrofit
14 grants are subject to inspection by the local building
15 officials in the county in which the project is performed.
16 Section 21. Notwithstanding any provision of the
17 Florida Building Code to the contrary, backflow prevention
18 assemblies must be inspected once every 3 years.
19 Section 22. Subsections (5), (14), and (18) of section
20 633.021, Florida Statutes, are amended to read:
21 633.021 Definitions.--As used in this chapter:
22 (5)(a) "Contractor I" means a contractor whose
23 business includes the execution of contracts requiring the
24 ability to lay out, fabricate, install, inspect, alter,
25 repair, and service all types of fire protection systems,
26 excluding preengineered systems.
27 (b) "Contractor II" means a contractor whose business
28 is limited to the execution of contracts requiring the ability
29 to lay out, fabricate, install, inspect, alter, repair, and
30 service water sprinkler systems, water spray systems,
31 foam-water sprinkler systems, foam-water spray systems,
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1 standpipes, combination standpipes and sprinkler risers, all
2 piping that is an integral part of the system beginning at the
3 point of service as defined in this section where the piping
4 is used exclusively for fire protection, sprinkler tank
5 heaters, air lines, thermal systems used in connection with
6 sprinklers, and tanks and pumps connected thereto, excluding
7 preengineered systems.
8 (c) "Contractor III" means a contractor whose business
9 is limited to the execution of contracts requiring the ability
10 to lay out, fabricate, install, inspect, alter, repair, and
11 service CO2 systems, foam extinguishing systems, dry
12 chemical systems, and Halon and other chemical systems,
13 excluding preengineered systems.
14 (d) "Contractor IV" means a contractor whose business
15 is limited to the execution of contracts requiring the ability
16 to lay out, fabricate, install, inspect, alter, repair, and
17 service automatic fire sprinkler systems for detached
18 one-family dwellings, detached two-family dwellings, and
19 mobile homes, excluding preengineered systems and excluding
20 single-family homes in cluster units, such as apartments,
21 condominiums, and assisted living facilities or any building
22 that is connected to other dwellings.
23 (e) "Contractor V" means a contractor whose business
24 is limited to the execution of contracts requiring the ability
25 to lay out, fabricate, install, inspect, alter, repair, and
26 service the underground piping for a fire protection system
27 using water as the extinguishing agent beginning at the point
28 of service as defined in this act at which the piping is used
29 exclusively for fire protection and ending no more than 1 foot
30 above the finished floor.
31
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1 The definitions in this subsection must not be construed to
2 include fire protection engineers or architects and do not
3 limit or prohibit a licensed fire protection engineer or
4 architect from designing any type of fire protection system. A
5 distinction is made between system design concepts prepared by
6 the design professional and system layout as defined in this
7 section and typically prepared by the contractor. However,
8 persons certified as a Contractor I, Contractor II, or
9 Contractor IV under this chapter may design fire protection
10 systems of 49 or fewer sprinklers heads, and may design the
11 alteration of an existing fire sprinkler system if the
12 alteration consists of the relocation, addition, or deletion
13 of not more than 49 sprinklers heads, notwithstanding the size
14 of the existing fire sprinkler system. A Contractor I,
15 Contractor II, or Contractor IV may design a fire protection
16 system the scope of which complies with NFPA 13D, Standard for
17 the Installation of Sprinkler Systems in One- and Two-Family
18 Dwellings and Manufactured Homes, as adopted by the State Fire
19 Marshal, notwithstanding the number of fire sprinklers.
20 Contractor-developed Such plans may not be required by any
21 local permitting authority to be sealed by a registered
22 professional engineer.
23 (14) "Layout" as used in this chapter means the layout
24 of risers, cross mains, branch lines, sprinkler heads, sizing
25 of pipe, hanger locations, and hydraulic calculations in
26 accordance with the design concepts established through the
27 provisions of the Responsibility Rules adopted by the Board of
28 Professional Engineers s. 553.79(6)(c).
29 (18) "Point-of-service" means the point at which the
30 underground piping for a fire protection sprinkler system as
31 defined in this section using water as the extinguishing agent
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1 becomes used exclusively for the fire protection sprinkler
2 system. The point-of-service is designated by the engineer who
3 sealed the plans for a system of 50 or more heads or by the
4 contractor who designed the plans for a system of 49 or fewer
5 heads.
6 Section 23. Subsection (11) is added to section
7 633.0215, Florida Statutes, to read:
8 633.0215 Florida Fire Prevention Code.--
9 (11) The design of interior stairways within dwelling
10 units, including stair tread width and riser height, landings,
11 handrails, and guards, must be consistent with chapter 10 of
12 the Florida Building Code.
13 Section 24. Section 633.071, Florida Statutes, is
14 amended to read:
15 633.071 Standard service tag required on all fire
16 extinguishers and preengineered systems; serial number
17 required on all portable fire extinguishers; standard
18 inspection tags required on all fire protection systems.--
19 (1) The State Fire Marshal shall adopt by rule
20 specifications as to the size, shape, color, and information
21 and data contained thereon of service tags to be attached to
22 all fire extinguishers and preengineered systems required by
23 statute or by rule, whether they be portable, stationary, or
24 on wheels when they are placed in service, installed,
25 serviced, repaired, tested, recharged, or inspected. Fire
26 extinguishers may be tagged only after meeting all standards
27 as set forth by this chapter, the standards of the National
28 Fire Protection Association, and manufacturer's
29 specifications. Preengineered systems may be tagged only after
30 a system has been inspected, serviced, installed, repaired,
31 tested, recharged, and hydrotested in compliance with this
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1 chapter, the standards of the National Fire Protection
2 Association, and the manufacturer's specifications, and after
3 a report, as specified by rule, has been completed in detail,
4 indicating any and all deficiencies or deviations from the
5 manufacturer's specifications and the standards of the
6 National Fire Protection Association. A copy of the inspection
7 report shall be provided to the owner at the time of
8 inspection, and, if a system is found to be in violation of
9 this chapter, the manufacturer's specifications, or the
10 standards of the National Fire Protection Association, a copy
11 shall be forwarded to the state or local authority having
12 jurisdiction within 30 days from the date of service. It shall
13 be unlawful to place in service, service, test, repair,
14 inspect, install, hydrotest, or recharge any fire extinguisher
15 or preengineered system without attaching one of these tags
16 completed in detail, including the actual month work was
17 performed, or to use a tag not meeting the specifications set
18 forth by the State Fire Marshal.
19 (2) All portable fire extinguishers required by
20 statute or by rule shall be listed by Underwriters
21 Laboratories, Inc., or approved by Factory Mutual
22 Laboratories, Inc., or listed by a nationally recognized
23 testing laboratory in accordance with procedures adopted
24 pursuant to s. 633.083(2), and carry an Underwriters
25 Laboratories, Inc., or manufacturer's serial number. These
26 listings, approvals, and serial numbers may be stamped on the
27 manufacturer's identification and instructions plate or on a
28 separate Underwriters Laboratories, Inc., or Factory Mutual
29 Laboratories, Inc., plate soldered or attached to the
30 extinguisher shell in some permanent manner.
31
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1 (3) The State Fire Marshal shall adopt by rule
2 specifications as to the size, shape, color, information, and
3 data contained thereon of inspection tags to be attached to
4 all types of fire protection systems and information required
5 on an inspection report of such an inspection.
6 Section 25. Section 633.082, Florida Statutes, is
7 amended to read:
8 633.082 Inspection of fire control systems and fire
9 protection systems.--
10 (1) The State Fire Marshal shall have the right to
11 inspect any fire control system during and after construction
12 to determine that such system meets the standards set forth in
13 the laws and rules of the state.
14 (2) Fire protection systems installed in public and
15 private properties, except one-family or two-family dwellings,
16 in this state shall be inspected following procedures
17 established in the nationally recognized inspection, testing,
18 and maintenance standard NFPA-25 as set forth in the edition
19 adopted by the State Fire Marshal. Quarterly, annual, 3-year,
20 and 5-year inspections consistent with the contractual
21 provisions with the owner shall be conducted by the
22 certificateholder or permittees employed by the
23 certificateholder pursuant to s. 633.521.
24 (3) The inspecting contractor shall provide to the
25 building owner and the local authority having jurisdiction a
26 copy of the inspection report established under s. 633.071(3).
27 The maintenance of fire sprinkler systems as well as
28 corrective actions on deficient systems is the responsibility
29 of the property owner. This section does not prohibit
30 governmental entities from inspecting and enforcing firesafety
31 codes.
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1 Section 26. Section 633.521, Florida Statutes, is
2 amended to read:
3 633.521 Certificate application and issuance; permit
4 issuance; examination and investigation of applicant.--
5 (1) To obtain a certificate, an applicant shall submit
6 to the State Fire Marshal an application in writing, on a form
7 provided by the State Fire Marshal containing the information
8 prescribed, which shall be accompanied by the fee fixed
9 herein, containing a statement that the applicant desires the
10 issuance of a certificate and stating the class of certificate
11 requested.
12 (2)(a) Examinations shall be administered by the State
13 Fire Marshal and held at times and places within the state as
14 the State Fire Marshal determines, but there shall be at least
15 two examinations a year. Each applicant shall take and pass
16 an objective, written examination of her or his fitness for a
17 certificate in the class for which the application is
18 requested. There shall be a type of examination for each of
19 the classes of certificates defined in s. 633.021(5). The
20 examination shall test the applicant's ability to lay out,
21 fabricate, install, alter, repair, and inspect fire protection
22 systems and their appurtenances and shall test the applicant's
23 fitness in business and financial management. The test shall
24 be based on applicable standards of the National Fire
25 Protection Association and on relevant Florida and federal
26 laws pertaining to the construction industry, safety
27 standards, administrative procedures, and pertinent technical
28 data.
29 (b) A passing grade on the examination is 70 percent,
30 and such examinations may be developed by an independent
31 professional testing agency. The tests shall be prepared,
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1 administered, and scored in compliance with generally accepted
2 professional testing standards.
3 (c) The division shall solicit suggestions from
4 affected persons regarding the content of examinations.
5 (d) A reexamination may not be scheduled sooner than
6 30 days after any administration of an examination to an
7 applicant.
8 (e) An applicant may not be examined more than four
9 times during 1 year for certification as a contractor pursuant
10 to this section unless the person is or has been certified and
11 is taking the examination to change classifications. If an
12 applicant does not pass one or more parts of the examination,
13 she or he may take any part of the examination three more
14 times during the 1-year period beginning upon the date she or
15 he originally filed an application to take the examination.
16 If the applicant does not pass the examination within that
17 1-year period, she or he must file a new application and pay
18 the application and examination fees in order to take the
19 examination or a part of the examination again. However, the
20 applicant may not file a new application sooner than 6 months
21 after the date of her or his last examination.
22 (3) As a prerequisite to taking the examination for
23 certification as a Contractor I, Contractor II, or Contractor
24 III, the applicant must be at least 18 years of age, be of
25 good moral character, and shall possess 4 years' proven
26 experience in the employment of a fire protection system
27 Contractor I, Contractor II, or Contractor III or a
28 combination of equivalent education and experience. As a
29 prerequisite to taking the examination for certification as a
30 Contractor IV, the applicant shall be at least 18 years old,
31 be of good moral character, and have at least 2 years' proven
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1 experience in the employment of a fire protection system
2 Contractor I, Contractor II, Contractor III, or Contractor IV
3 or combination of equivalent education and experience which
4 combination need not include experience in the employment of a
5 fire protection system contractor. As a prerequisite to
6 taking the examination for certification as a Contractor V,
7 the applicant shall be at least 18 years old, be of good moral
8 character, and have been licensed as a certified underground
9 utility and excavation contractor or plumbing contractor
10 pursuant to chapter 489, have verification by an individual
11 who is licensed as a certified utility contractor or plumbing
12 contractor pursuant to chapter 489 that the applicant has 4
13 years' proven experience in the employ of a certified
14 underground utility and excavation contractor or plumbing
15 contractor, or have a combination of education and experience
16 equivalent to 4 years' proven experience in the employ of a
17 certified underground utility and excavation contractor or
18 plumbing contractor. Within 30 days after from the date of the
19 examination, the State Fire Marshal shall inform the applicant
20 in writing whether she or he has qualified or not and, if the
21 applicant has qualified, that she or he is ready to issue a
22 certificate of competency, subject to compliance with the
23 requirements of subsection (4).
24 (4) As a prerequisite to issuance of a certificate,
25 the State Fire Marshal shall require the applicant to submit
26 satisfactory evidence that she or he has obtained insurance
27 providing coverage for comprehensive general liability for
28 bodily injury and property damages, products liability,
29 completed operations, and contractual liability. The State
30 Fire Marshal may adopt rules providing for the amount of
31 insurance, but such amount shall not be less than $500,000 for
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1 a Contractor I, Contractor II, Contractor III, or Contractor V
2 and shall not be less than $250,000 for a Contractor IV. An
3 insurer which provides such coverage shall notify within 30
4 days the State Fire Marshal of any material change in coverage
5 or any termination, cancellation, or nonrenewal of such
6 coverage. An insurer which fails to so notify the State Fire
7 Marshal's office shall be subject to the penalties provided
8 under s. 624.4211.
9 (5) Upon satisfaction of the requirements of
10 subsections (1), (2), (3), and (4), the certificate shall be
11 issued forthwith. However, no certificate shall remain in
12 effect if, after issuance, the certificateholder fails to
13 maintain the insurance coverage required by this section.
14 (6) If an applicant for an original certificate, after
15 having been notified to do so, does not appear for examination
16 or does not pass the examination within 1 year from the date
17 of filing her or his application, the fee paid by the
18 applicant shall be forfeited. New applications for a
19 certificate shall be accompanied by another application fee
20 fixed by this chapter.
21 (7) The State Fire Marshal may, at any time subsequent
22 to the issuance of the certificate or its renewal, require,
23 upon demand and in no event more than 30 days after notice of
24 the demand, the certificateholder to provide proof of
25 insurance coverage on a form provided by the State Fire
26 Marshal containing confirmation of insurance coverage as
27 required by this chapter. Failure to provide proof of
28 insurance coverage as required, for any length of time, shall
29 result in the immediate suspension of the certificate until
30 proof of insurance is provided to the State Fire Marshal.
31
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1 (8) An individual employed by a Contractor I or
2 Contractor II certificateholder, as established in this
3 section, who will be inspecting water-based fire protection
4 systems as required under s. 633.082, must be issued a permit
5 by the State Fire Marshal to conduct such work. The permit is
6 valid solely for use by the holder thereof in his or her
7 employment by the certificateholder named in the permit. A
8 permittee must have a valid and subsisting permit upon his or
9 her person at all times while engaging in inspecting fire
10 protection systems, and a permitholder must be able to produce
11 such a permit upon demand. In addition, a permittee shall, at
12 all times while performing inspections, carry an
13 identification card containing his or her photograph and other
14 identifying information as prescribed by the State Fire
15 Marshal, and the permittee must produce the identification
16 card and information upon demand. The permit and the
17 identification may be one and the same. A permittee is limited
18 as to the specific type of work performed, depending upon the
19 class of certificate held by the certificateholder under whom
20 the permittee is working. The permit class shall be known as a
21 Water-Based Fire Protection Inspector whose permit allows the
22 holder to inspect water sprinkler systems, water spray
23 systems, foam-water sprinkler systems, foam-water spray
24 systems, standpipes, combination standpipes and sprinkler
25 systems, all piping that is an integral part of the system
26 beginning at the point where the piping is used exclusively
27 for fire protection, sprinkler tank heaters, air lines,
28 thermal systems used in connection with sprinklers, and tanks
29 and pumps connected thereto, excluding preengineered systems.
30
31
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1 It is the intent of the Legislature that the inspections and
2 testing of automatic fire sprinkler systems for detached
3 one-family dwellings, detached two-family dwellings, and
4 mobile homes be accomplished by the owner, who is responsible
5 for requesting service from a contractor when necessary. It is
6 further intended that the NFPA-25 inspection of exposed
7 underground piping supplying a fire protection system be
8 conducted by a Contractor I or Contractor II.
9 (9) Effective July 1, 2008, the State Fire Marshal
10 shall require the National Institute of Certification in
11 Engineering Technologies (NICET), Sub-field of Inspection and
12 Testing of Fire Protection Systems Level II or equivalent
13 training and education as determined by the division as proof
14 that the permitholders are knowledgeable about nationally
15 accepted standards for the inspection of fire protection
16 systems. It is the intent of this act, from July 1, 2005,
17 until July 1, 2008, to accept continuing education of all
18 certificateholders' employees who perform inspection functions
19 which specifically prepares the permitholder to qualify for
20 NICET II certification.
21 Section 27. Section 633.524, Florida Statutes, is
22 amended to read:
23 633.524 Certificate and permit fees; use and deposit
24 of collected funds.--
25 (1) The initial application fee for each class of
26 certificate shall be $300. The biennial renewal fee for each
27 class of certificate shall be $150 $250. The initial
28 application fee for the permit classification shall be $100.
29 The biennial renewal fee for the permit classification shall
30 be $50. The fee for certificates issued as duplicates or to
31 reflect a change of address is $15 shall be $5 each. The fee
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1 for each examination or reexamination for each class of
2 certificate scheduled shall be $100.
3 (2) All moneys collected by the State Fire Marshal
4 pursuant to this chapter are hereby appropriated for the use
5 of the State Fire Marshal in the administration of this
6 chapter and shall be deposited in the Insurance Regulatory
7 Trust Fund.
8 Section 28. Subsection (4) is added to section
9 633.537, Florida Statutes, to read:
10 633.537 Certificate; expiration; renewal; inactive
11 certificate; continuing education.--
12 (4) The renewal period for the permit class is the
13 same as that of the employing certificateholder. The
14 continuing education requirements for permitholders shall be 8
15 contact hours by June 30, 2006. An additional 16 contact hours
16 of continuing education is required by June 30, 2008, and
17 during each biennial renewal period thereafter. The continuing
18 education curriculum from July 1, 2005, until July 1, 2008,
19 shall be the preparatory curriculum for NICET II
20 certification; after July 1, 2008, the technical curriculum is
21 at the discretion of the State Fire Marshal. It is the
22 responsibility of the permitholder to maintain NICET II
23 certification as a condition of permit renewal after July 1,
24 2008.
25 Section 29. Subsection (2) of section 633.539, Florida
26 Statutes, is amended to read:
27 633.539 Requirements for installation, inspection, and
28 maintenance of fire protection systems.--
29 (2) Equipment shall be inspected, serviced, and
30 maintained in accordance with the manufacturer's maintenance
31 procedures and with applicable National Fire Protection
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1 Association standards. The inspection of fire protection
2 systems shall be conducted by a certificateholder or holder of
3 a permit issued by the State Fire Marshal. The permitholder
4 may perform inspections on fire protection systems only while
5 employed by the certificateholder. This section does not
6 prohibit the authority having jurisdiction or insurance
7 company representatives from reviewing the system in
8 accordance with acceptable oversight standards.
9 (3) For contracts written after June 30, 2005, the
10 contractor who installs the underground from the point of
11 service is responsible for completing the installation to the
12 aboveground connection flange, which by definition in this
13 chapter is no more than 1 foot above the finished floor,
14 before completing the Contractor's Material and Test
15 Certificate for Underground Piping document. Aboveground
16 contractors may not complete the Contractor's Material and
17 Test Certificate for Underground Piping document for
18 underground piping or portions thereof which have been
19 installed by others.
20 (4) The Contractor V may install the cross-connection
21 backflow prevention device as defined in this chapter on new
22 installations. The retrofitting of a backflow device on an
23 existing fire protection system will cause a reduction in
24 available water pressure and probable system malfunction. The
25 development of aboveground fire protection system hydraulic
26 calculations is a task of the Contractor I and II, as defined
27 in this chapter. Accordingly, a Contractor V is expressly
28 prohibited from retrofitting cross-connection backflow
29 prevention devices on an existing fire protection system, and
30 only a Contractor I or Contractor II who is tasked to
31 recalculate the system and take corrective actions to ensure
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1 that the system will function with the available water supply
2 may retroactively install these backflow devices on existing
3 fire protection systems.
4 Section 30. Section 633.547, Florida Statutes, is
5 amended to read:
6 633.547 Disciplinary action; fire protection system
7 contractors; grounds for denial, nonrenewal, suspension, or
8 revocation of certificate or permit.--
9 (1) The State Fire Marshal shall investigate the
10 alleged illegal action of any fire protection system
11 contractor or permittee certified under this chapter and hold
12 hearings pursuant to chapter 120.
13 (2) The following acts constitute cause for
14 disciplinary action:
15 (a) Violation of any provision of this chapter or of
16 any rule adopted pursuant thereto.
17 (b) Violation of the applicable building codes or laws
18 of this state or any municipality or county thereof.
19 (c) Diversion of funds or property received for
20 prosecution or completion of a specified construction project
21 or operation when, as a result of the diversion, the
22 contractor is, or will be, unable to fulfill the terms of her
23 or his obligation or contract.
24 (d) Disciplinary action by any municipality or county,
25 which action shall be reviewed by the State Fire Marshal
26 before taking any disciplinary action.
27 (e) Failure to supervise the installation of the fire
28 protection system covered by the building permit signed by the
29 contractor.
30 (f) Rendering a fire protection system, standpipe
31 system, or underground water supply main connecting to the
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1 system inoperative except when the fire protection system,
2 standpipe system, or underground water supply main is being
3 inspected, serviced, tested, or repaired, or except pursuant
4 to court order.
5 (g) Improperly servicing, repairing, testing, or
6 inspecting a fire protection, standpipe system, or underground
7 water supply main connecting to the system.
8 (h) Failing to provide proof of insurance to the State
9 Fire Marshal or failing to maintain in force the insurance
10 coverage required by s. 633.521.
11 (i) Failing to obtain, retain, or maintain one or more
12 of the qualifications for a certificate as specified in this
13 chapter.
14 (j) Making a material misstatement, misrepresentation,
15 or committing a fraud in obtaining or attempting to obtain a
16 certificate.
17 (k) Failing to notify the State Fire Marshal, in
18 writing, within 30 days after a change of residence address,
19 principal business address, or name.
20 (3) The State Fire Marshal is authorized to take the
21 following disciplinary action:
22 (a) She or he may suspend the certificateholder for a
23 period not to exceed 2 years from all operations as a
24 contractor during the period fixed by the State Fire Marshal,
25 but she or he may permit the certificateholder to complete any
26 contracts then incomplete.
27 (b) She or he may revoke a certificate for a period
28 not to exceed 5 years.
29 (4) During the suspension or revocation of the
30 certificate, the former certificateholder shall not engage in
31 or attempt to profess to engage in any transaction or business
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1 for which a certificate is required under this chapter or
2 directly or indirectly own, control, or be employed in any
3 manner by any firm or corporation for which a certificate
4 under this chapter is required. The department shall not, so
5 long as the revocation or suspension remains in effect, grant
6 any new certificate for the establishment of any new firm,
7 business, or corporation of any person that has or will have
8 the same or similar management, ownership, control, or
9 employees or that will use a same or similar name as a
10 previously revoked or suspended firm, business, or
11 corporation.
12 (5) The State Fire Marshal may deny, suspend, or
13 revoke the certificate of:
14 (a) Any person, firm, or corporation the certificate
15 of which under this chapter has been suspended or revoked.
16 (b) Any firm or corporation if an officer, director,
17 stockholder, owner, or person interested directly or
18 indirectly has had his or her certificate under this chapter
19 suspended or revoked.
20 (c) Any person who is or has been an officer,
21 director, stockholder, or owner of a firm or corporation, or
22 who was interested directly or indirectly in a corporation,
23 the certificate of which has been suspended or revoked under
24 this chapter.
25 (6) The lapse or suspension of a certificate by
26 operation of law or by order of the State Fire Marshal or a
27 court or its voluntary surrender by a certificateholder does
28 not deprive the State Fire Marshal of jurisdiction to
29 investigate or act in disciplinary proceedings against the
30 certificateholder.
31
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1 (7) The filing of a petition in bankruptcy, either
2 voluntary or involuntary, or the making of a composition of
3 creditors or the appointment of a receiver for the business of
4 the certificateholder may be considered by the State Fire
5 Marshal as just cause for suspension of a certificate.
6 Section 31. Subsection (4) is added to section
7 633.702, Florida Statutes, to read:
8 633.702 Prohibited acts regarding alarm system
9 contractors or certified unlimited electrical contractors;
10 penalties.--
11 (4) It is a misdemeanor of the first degree,
12 punishable as provided in s. 775.082 or s. 775.083, for any
13 person to intentionally or willfully install, service, test,
14 repair, improve, or inspect a fire alarm system unless;
15 (a) The person is the holder of a valid and current
16 active license as a certified unlimited electrical contractor,
17 as defined in part II of chapter 489;
18 (b) The person is the holder of a valid and current
19 active license as a licensed fire alarm contractor, as defined
20 in part II of chapter 489;
21 (c) The person is authorized to act as a fire alarm
22 system agent under s. 489.5185; or
23 (d) The person is exempt under s. 489.503.
24 Section 32. Upon the creation of chapter 515, Florida
25 Statutes, the intent of the Legislature was that any swimming
26 pool exit alarm that complied with Underwriters Laboratories
27 Standard Number 2017 be a permissive alternative to comply
28 with the swimming pool safety provisions in chapter 515. The
29 Florida Building Commission shall amend the Florida Building
30 Code to accurately reflect this intent. Notwithstanding
31 section 553.73, Florida Statutes, the commission is required
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1 only to follow the rule adoption procedures of chapter 120,
2 Florida Statutes, to comply herewith and must complete
3 rulemaking before November 1, 2005. Upon publication of the
4 applicable Notice of Rule Development in the Florida
5 Administrative Weekly, any alarm that complies with the
6 Underwriters Laboratories 2017 shall be allowed.
7 Section 33. Because of the water intrusion experienced
8 during the recent hurricanes, the Florida Building Commission
9 shall integrate standards pertaining to ventless attic spaces
10 as adopted by the International Code Council into the Florida
11 Building Code. Section 553.73, Florida Statutes,
12 notwithstanding, the commission is authorized to adopt
13 amendments to the Florida Building Code, 2004 edition, to
14 integrate the provisions subject only to the rule adoption
15 procedures contained in chapter 120, Florida Statutes. The
16 commission must adopt the provisions into the code no later
17 than November 1, 2005.
18 Section 34. The Florida Building Commission shall
19 consider how to address the issue of water intrusion and
20 root-covering-attachment weaknesses experienced in recent
21 hurricanes. Section 553.73, Florida Statutes, notwithstanding,
22 the commission may adopt amendments to the Florida Building
23 Code, 2004 edition, to incorporate consensus-based provisions
24 addressing water intrusion and roof-covering attachment,
25 subject only to the rule-adoption procedures in chapter 120,
26 Florida Statutes.
27 Section 35. (1) Within 10 days of an applicant
28 submitting an application to the local government, the local
29 government shall advise the applicant what information, if
30 any, is needed to deem the application properly completed in
31 compliance with the filing requirements published by the local
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1 government. If the local government does not provide written
2 notice that the applicant has not submitted the properly
3 completed application, the application shall be automatically
4 deemed properly completed and accepted. Within 45 days after
5 receiving a completed application, a local government must
6 notify an applicant if additional information is required for
7 the local government to determine the sufficiency of the
8 application, and shall specify the additional information that
9 is required. The applicant must submit the additional
10 information to the local government or request that the local
11 government act without the additional information. While the
12 applicant responds to the request for additional information,
13 the 120-day period described in subsection (2) is tolled.
14 Both parties may agree to a reasonable request for an
15 extension of time, particularly in the event of a force major
16 or other extraordinary circumstance. The local government must
17 approve, approve with conditions, or deny the application
18 within 120 days following receipt of a completed application.
19 (2) The procedures set forth in subsection (1) apply
20 to the following building permit applications: accessory
21 structure; alarm permit; nonresidential buildings less than
22 25,000 square feet; electric; irrigation permit; landscaping;
23 mechanical; plumbing; residential units other than a single
24 family unit; multifamily residential not exceeding 50 units;
25 roofing; signs; site-plan approvals and subdivision plats not
26 requiring public hearings or public notice; and lot grading
27 and site alteration associated with the permit application set
28 forth in this subparagraph. The procedures set forth in
29 subsection (1) do not apply to permits for any wireless
30 communications facilities or when a law, agency rule, or local
31
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1 ordinance specify different timeframes for review of local
2 building permit applications.
3 Section 36. Notwithstanding subsection (3) of section
4 109, chapter 2000-141, Laws of Florida, when the Florida
5 Building Commission updates the Florida Building Code, the
6 commission shall adopt, pursuant to section 553.73, Florida
7 Statutes, as wind protection requirements for areas of the
8 state not within the high velocity hurricane zone, the most
9 current edition of the wind protection requirements of the
10 American Society of Civil Engineers, Standard 7, as
11 implemented by the International Building Code. This section
12 is intended to explicitly supersede only the first sentence of
13 subsection (3) of section 109, chapter 2000-141, Laws of
14 Florida.
15 Section 37. Notwithstanding any other provision of
16 this act, the option for designing for internal pressure for
17 buildings within the windborne debris region shall be repealed
18 immediately upon adoption of standards and conditions within
19 the International Building Code or International Residential
20 Code prohibiting such design option. The Florida Building
21 Commission shall initiate rulemaking to incorporate such
22 standards and conditions prohibiting designing for internal
23 pressure for buildings into the Florida Building Code when the
24 base code is updated.
25 Section 38. The Legislature appropriates $200,000 from
26 the Insurance Regulatory Trust Fund to the Department of
27 Financial Services to be used to develop a joint program
28 between the Florida Insurance Council and the Florida Home
29 Builders Association to educate contractors on the benefits
30 and options available for designing buildings for windborne
31 debris protection and to develop a standardized affidavit to
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1 be used for verifying the insurance discounts for residential
2 construction techniques demonstrated to reduce the amount of
3 loss during a windstorm.
4 Section 39. The Florida Building Commission, in
5 conjunction with local building officials, shall conduct a
6 review of damage resulting from Hurricane Ivan and any other
7 data to evaluate, and to make recommendations to the
8 Legislature for any changes to, Florida's Building Code,
9 specifically as it applies to the region from the eastern
10 border of Franklin County to the Florida-Alabama line. The
11 commission shall issue a report summarizing its findings and
12 recommendations prior to the 2006 Regular Session.
13 Section 40. Notwithstanding any other provision of law
14 to the contrary, the effective date of the Florida Building
15 Code, 2004 Edition, shall be October 1, 2005. After July 1,
16 2005, a design professional who has been preparing
17 construction documents for a project in anticipation of the
18 Florida Building Code, 2004 edition, as adopted pursuant to
19 Rule 9B-3.047, Florida Administrative Code, and adoption
20 proceedings before the commission may choose to have such
21 project governed by the 2004 edition of the Florida Building
22 Code.
23 Section 41. The Florida Building Commission shall
24 evaluate the definition of "exposure category C" as currently
25 defined in section 553.71(10), Florida Statutes, and make
26 recommendations for a new definition that more accurately
27 depicts Florida-specific conditions prior to the 2006 Regular
28 Session.
29 Section 42. Section 553.851, Florida Statutes, is
30 repealed.
31
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1 Section 43. Present subsection (19) of section
2 489.103, Florida Statutes, is amended and redesignated as
3 subsection (20), and new subsections (19) and (21) are added
4 to that section, to read:
5 489.103 Exemptions.--This part does not apply to:
6 (19) A disaster recovery mitigation organization or a
7 not-for-profit organization repairing or replacing a
8 one-family, two-family, or three-family residence that has
9 been impacted by a disaster when such organization:
10 (a) Is using volunteer labor to assist the owner of
11 such residence in mitigating unsafe living conditions at the
12 residence;
13 (b) Is not holding itself out to be a contractor;
14 (c) Obtains all required building permits;
15 (d) Obtains all required building code inspections;
16 and
17 (e) Provides for the supervision of all work by an
18 individual with construction experience.
19 (20)(19) The sale, delivery, assembly, or tie-down of
20 prefabricated portable sheds that are not more than 250 square
21 feet in interior size and are not intended for use as a
22 residence or as living quarters. This exemption may not be
23 construed to interfere with the Florida Building Code or any
24 applicable local technical amendment to the Florida Building
25 Code, local licensure requirements, or other local ordinance
26 provisions.
27 (21) The sale, delivery, assembly, or tie-down of lawn
28 storage buildings and storage buildings not exceeding 400
29 square feet and bearing the insignia of approval from the
30 Department of Community Affairs showing compliance with the
31 Florida Building Code.
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1 Section 44. The Florida Building Commission shall
2 amend the Florida Building Code, 2004 edition, to allow use of
3 enclosed and unenclosed areas under mezzanines for the purpose
4 of calculating the permissible size of mezzanines in
5 sprinklered S2 occupancies of Type III construction. The
6 permissible use, as conditioned in this section, of enclosed
7 and unenclosed space under mezzanines for the purpose of
8 calculating mezzanine size shall be retroactive to the
9 effective date of the 2001 Florida Building Code.
10 Section 45. The Florida Building Commission shall
11 convene a workgroup composed of at least 10 stakeholders in
12 the state system of product approval, which may include a
13 maximum of three members of the commission to ensure diverse
14 input. The workgroup shall study the recommendation that the
15 state be served by a single validation entity for state
16 approval, which study shall include, but not be limited to,
17 the recommendation's feasibility, qualifications of the single
18 entity and its staff, costs charged for validation, time
19 standards for validation, means to challenge the validator's
20 determination, and duration of the contract with the
21 validator. The workgroup shall conduct its proceedings in an
22 open forum subject to comment from the public at each meeting.
23 Section 46. The Florida Building Commission shall
24 modify Table 1014.1 of the Florida Building Code, 2004
25 edition, to include R2 and R3 occupancies in the maximum
26 occupancy load of 50, and convert R occupancy to R1 and R4
27 occupancies in the maximum occupancy load of 10. The
28 commission shall also amend Section 1014.1.2 of the Florida
29 Building Code, 2004 edition, to add Exception 3, to read: "In
30 R1 and R2 occupancies, the distance between exits stipulated
31 by Section 1004.1.4 is not applicable to common nonlooped exit
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1 access corridors in a building that has corridor doors from
2 the guest room or guest suite or dwelling unit which are
3 arranged so that the exits are located in opposite directions
4 from such doors.
5 Section 47. (1) There is created the Manufactured
6 Housing Regulatory Study Commission. The study commission
7 shall be composed of 11 members who shall be appointed as
8 follows:
9 (a) Four members appointed by the Florida Manufactured
10 Housing Association, one member representing publicly owned
11 manufacturers of manufactured housing, one member representing
12 privately owned manufacturers of manufactured housing, and two
13 members who are retail sellers of manufactured housing, one of
14 whom must also sell residential manufactured buildings
15 approved by the Department of Community Affairs.
16 (b) Two members from the Senate, appointed by the
17 President of the Senate.
18 (c) Two members from the House of Representatives,
19 appointed by the Speaker of the House of Representatives.
20 (d) The secretary of the Department of Community
21 Affairs or the secretary's designee.
22 (e) The executive director of the Department of
23 Highway Safety and Motor Vehicles or the director's designee.
24 (f) The commissioner of the Department of Agriculture
25 and Consumer Services or the commissioner's designee.
26
27 The commission members representing the departments of
28 Community Affairs, Highway Safety and Motor Vehicles, and
29 Agriculture and Consumer Services shall serve as ex officio,
30 nonvoting members of the study commission.
31
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1 (2) The study commission shall review the programs
2 regulating manufactured and mobile homes which are currently
3 located at the Department of Highway Safety and Motor Vehicles
4 and must include a review of the following programs and
5 activities:
6 (a) The federal construction and inspection programs.
7 (b) The installation program, including the regulation
8 and inspection functions.
9 (c) The Mobile Home and RV Protection Trust Fund.
10 (d) The licensing of manufacturers, retailers, and
11 installers of manufactured and mobile homes.
12 (e) The titling of manufactured and mobile homes.
13 (f) Dispute resolution.
14
15 During the course of the study, the study commission must
16 review the sources funding the programs to determine if the
17 manufactured and mobile home programs are or can be
18 self-sustaining. The study commission shall also consider the
19 impact that changes in regulation may have on the industry and
20 its consumers.
21 (3) The study commission shall be administratively
22 supported by the staff of the transportation committees of the
23 Senate and the House of Representatives.
24 (4)(a) The study commission must hold its initial
25 meeting no later than August 15, 2005, in Tallahassee. Staff
26 to the commission shall schedule and organize the initial
27 meeting. Subsequent meetings of the study commission must be
28 held in Tallahassee according to a schedule developed by the
29 chair.
30 (b) At the initial meeting, the study commission shall
31 elect a chair from one of the elected official members.
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1 (5) The study commission must submit a final report
2 setting forth its findings and recommendations to the
3 Governor, the President of the Senate, and the Speaker of the
4 House of Representatives on or before January 1, 2006.
5 (6) Members of the study commission shall serve
6 without compensation, but are entitled to be reimbursed for
7 per diem and travel expenses under section 112.061, Florida
8 Statutes.
9 (7) The study commission terminates after submitting
10 its final report but not later than February 15, 2006.
11 Section 48. Section 514.075, Florida Statutes, is
12 amended to read:
13 514.075 Public pool service technician;
14 certification.--The department shall may require that a public
15 pool, as defined in s. 514.011, be serviced by a person
16 certified as a pool service technician. To be certified, an
17 individual must demonstrate knowledge of public pools which
18 includes, but is not limited to: pool cleaning; general pool
19 maintenance; source of the water supply; bacteriological,
20 chemical, and physical quality of water; and water
21 purification, testing, treatment, and disinfection procedures.
22 The department shall may, by rule, establish the requirement
23 for the certification course and course approval. The
24 department shall deem certified any individual who is
25 certified by a course of national recognition or any person
26 licensed under s. 489.105(3)(j), (k), or (l). This requirement
27 does not apply to a person, or the direct employee of a
28 person, permitted as a public pool operator under s. 514.031.
29 Section 49. Modification 569 to the Florida Building
30 Code which was approved by the Florida Building Commission on
31 October 14, 2003, is removed and the provisions from the
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1 International Building Code 2003, Section 2304.7(3), are
2 restored to the base code until the base code is revised.
3 Modification 570 to the Florida Building Code which was
4 approved by the Florida Building Commission on October 14,
5 2003, is removed and the provisions from the International
6 Building Code 2003, Section 2304.7(5), are restored to the
7 base code until the base code is revised.
8 Section 50. This act shall take effect July 1, 2005,
9 except for section 1 of this act, which shall take effect July
10 1, 2006.
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