Senate Bill sb0442er

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  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


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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


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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; requiring the adoption of

17         rules; requiring a public pool to be serviced

18         by a certified pool service technician;

19         requiring the Florida Building Commission to

20         review certain provisions of the Florida

21         Building Code; providing for public comments;

22         providing for rulemaking authority; providing

23         effective dates.

24  

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

26  

27         Section 1.  Paragraph (a) of subsection (2) and

28  subsections (3) and (4) of section 215.559, Florida Statutes,

29  are amended, present subsection (7) of that section is

30  redesignated as subsection (8) and amended, present

31  subsections (5) and (6) of that section are redesignated as


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 1  subsections (6) and (7), respectively, and a new subsection

 2  (5) is added to that section, to read:

 3         215.559  Hurricane Loss Mitigation Program.--

 4         (2)(a)  Seven million dollars in funds provided in

 5  subsection (1) shall be used for programs to improve the wind

 6  resistance of residences and mobile homes, including loans,

 7  subsidies, grants, demonstration projects, and direct

 8  assistance; educating persons concerning the Florida Building

 9  Code cooperative programs with local governments and the

10  Federal Government; and other efforts to prevent or reduce

11  losses or reduce the cost of rebuilding after a disaster.

12         (3)  Forty percent of the total appropriation in

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

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

15  date of that appropriation, the department shall contract with

16  a public higher educational institution in this state which

17  has previous experience in administering the programs set

18  forth in this subsection to serve as the administrative entity

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

20  administering the programs set forth in this subsection in

21  accordance with established policy and procedures. The

22  administrative entity working with the advisory council set up

23  under subsection (5) shall develop a list of mobile home parks

24  and counties that may be eligible to participate in the

25  tie-down program.

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

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

28  a Type I Center within the State University System dedicated

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

30  preliminary work plan approved by the advisory council set

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


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 1  barriers to upgrading existing mobile homes and communities,

 2  research and develop a program for the recycling of existing

 3  older mobile homes, and support programs of research and

 4  development relating to hurricane loss reduction devices and

 5  techniques for site-built residences. The State University

 6  System also shall consult with the Department of Community

 7  Affairs and assist the department with the report required

 8  under subsection (8) (7).

 9         (5)  An amount equal to fifteen percent of the total

10  appropriation in paragraph (2)(a) shall be used for education

11  awareness concerning the Florida Building Code and the

12  operation of the disaster contractors network. Not more than

13  30 days after the effective date of each subsequent

14  appropriation, the Department of Community Affairs shall

15  contract with a nonprofit tax-exempt entity having prior

16  contracting experience with building code training,

17  development, and coordination and whose membership is

18  representative of all of the statewide construction and design

19  licensee associations. The entity shall allocate 20 percent of

20  these resources to the disaster contractors network for the

21  education of the construction industry and hurricane response

22  if needed to coordinate the industry in the event of a natural

23  disaster. The entity shall allocate 20 percent of these

24  resources to the largest residential construction trade show

25  in the state for the education of the residential construction

26  industry on building code and mitigation issues. The remaining

27  resources shall be used by the entity for outreach building

28  code activities after consultation with the building code

29  program under the Florida Building Commission as provided for

30  in s. 553.841.

31  


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 1         (8)(7)  On January 1st of each year, the Department of

 2  Community Affairs shall provide a full report and accounting

 3  of activities under this section and an evaluation of such

 4  activities to the Speaker of the House of Representatives, the

 5  President of the Senate, and the Majority and Minority Leaders

 6  of the House of Representatives and the Senate. Upon

 7  completion of the report, the Department of Community Affairs

 8  shall deliver the report to the Office of Insurance

 9  Regulation. The Office of Insurance Regulation shall review

10  the report and shall make such recommendations available to

11  the insurance industry as the Office of Insurance Regulation

12  deems appropriate. These recommendations may be used by

13  insurers for potential discounts or rebates pursuant to s.

14  627.0629. The Office of Insurance Regulation shall make the

15  recommendations within 1 year after receiving the report.

16         Section 2.  Paragraph (a) of subsection (2) of section

17  400.23, Florida Statutes, is amended to read:

18         400.23  Rules; evaluation and deficiencies; licensure

19  status.--

20         (2)  Pursuant to the intention of the Legislature, the

21  agency, in consultation with the Department of Health and the

22  Department of Elderly Affairs, shall adopt and enforce rules

23  to implement this part, which shall include reasonable and

24  fair criteria in relation to:

25         (a)  The location of the facility and housing

26  conditions that will ensure the health, safety, and comfort of

27  residents, including an adequate call system. In making such

28  rules, the agency shall be guided by criteria recommended by

29  nationally recognized reputable professional groups and

30  associations with knowledge of such subject matters. The

31  agency shall update or revise such criteria as the need


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 1  arises. The agency may require alterations to a building if it

 2  determines that an existing condition constitutes a distinct

 3  hazard to life, health, or safety. In performing any

 4  inspections of facilities authorized by this part, the agency

 5  may enforce the special-occupancy provisions of the Florida

 6  Building Code and the Florida Fire Prevention Code which apply

 7  to nursing homes. Residents or their representatives shall be

 8  able to request a change in the placement of the bed in their

 9  room, provided that at admission they are presented with a

10  room that meets requirements of the Florida Building Code. The

11  location of a bed may be changed if the requested placement

12  does not infringe on the resident's roommate or interfere with

13  the resident's care or safety as determined by the care

14  planning team in accordance with facility policies and

15  procedures. In addition, the bed placement may not be used as

16  a restraint. Each facility shall maintain a log of resident

17  rooms with beds that are not in strict compliance with the

18  Florida Building Code in order for such log to be used by

19  surveyors and nurse monitors during inspections and visits. A

20  resident or resident representative who requests that a bed be

21  moved shall sign a statement indicating that he or she

22  understands the room will not be in compliance with the

23  Florida Building Code, but they would prefer to exercise their

24  right to self-determination. The statement must be retained as

25  part of the resident's care plan. Any facility that offers

26  this option must submit a letter signed by the nursing home

27  administrator of record to the agency notifying it of this

28  practice with a copy of the policies and procedures of the

29  facility. The agency is directed to provide assistance to the

30  Florida Building Commission in updating the construction

31  standards of the code relative to nursing homes.


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 1         Section 3.  Paragraph (i) of subsection (1) of section

 2  468.621, Florida Statutes, is amended, and paragraph (j) is

 3  added to that subsection, to read:

 4         468.621  Disciplinary proceedings.--

 5         (1)  The following acts constitute grounds for which

 6  the disciplinary actions in subsection (2) may be taken:

 7         (i)  Failing to lawfully execute the duties and

 8  responsibilities specified in this part and ss. 553.73,

 9  553.781, and 553.79, and 553.791.

10         (j)  Performing building code inspection services under

11  s. 553.791, without satisfying the insurance requirements of

12  that section.

13         Section 4.  Paragraph (l) is added to subsection (1) of

14  section 471.033, Florida Statutes, to read:

15         471.033  Disciplinary proceedings.--

16         (1)  The following acts constitute grounds for which

17  the disciplinary actions in subsection (3) may be taken:

18         (l)  Performing building code inspection services under

19  s. 553.791, without satisfying the insurance requirements of

20  that section.

21         Section 5.  Paragraph (l) is added to subsection (1) of

22  section 481.225, Florida Statutes, to read:

23         481.225  Disciplinary proceedings against registered

24  architects.--

25         (1)  The following acts constitute grounds for which

26  the disciplinary actions in subsection (3) may be taken:

27         (l)  Performing building code inspection services under

28  s. 553.791, without satisfying the insurance requirements of

29  that section.

30         Section 6.  Paragraph (a) of subsection (3) of section

31  489.537, Florida Statutes, is amended to read:


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 1         489.537  Application of this part.--

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

 3  municipality or county:

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

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

 6  and inspections which is designed to secure compliance with,

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

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

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

10  contractor or certified electrical contractor is not subject

11  to any additional certification or licensure requirements that

12  are not required by this part.

13         Section 7.  Paragraph (c) of subsection (4), subsection

14  (6), and paragraphs (a) and (c) of subsection (7) of section

15  553.73, Florida Statutes, are amended to read:

16         553.73  Florida Building Code.--

17         (4)

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

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

20  district owned buildings, manufactured buildings or

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

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

23  respective responsible entities shall consider the physical

24  performance parameters substantiating such amendments when

25  designing, specifying, and constructing such exempt buildings.

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

27  120.536(1) and 120.54, shall update the Florida Building Code

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

29  commission shall select the most current version of the

30  International Building Code, the International Fuel Gas Code,

31  the International Mechanical Code, the International Plumbing


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 1  Code, and the International Residential Code, all of which are

 2  adopted by the International Code Council, and the National

 3  Electrical Code, which is adopted by the National Fire

 4  Protection Association, to form the foundation codes of the

 5  updated Florida Building Code, if the version has been adopted

 6  by the International Code Council and made available to the

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

 8  commission.

 9         (b)  Codes regarding noise contour lines shall be

10  reviewed annually, and the most current federal guidelines

11  shall be adopted.

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

13  foundation codes only as needed to accommodate the specific

14  needs of this state, maintaining Florida-specific amendments

15  previously adopted by the commission and not addressed by the

16  updated foundation code. Standards or criteria referenced by

17  the codes shall be incorporated by reference. If a referenced

18  standard or criterion requires amplification or modification

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

20  amplification or modification shall be set forth in the

21  Florida Building Code. The commission may approve technical

22  amendments to the updated Florida Building Code after the

23  amendments have been subject to the conditions set forth in

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

25  which are adopted in accordance with this subsection shall be

26  clearly marked in printed versions of the Florida Building

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

28  amendments to the foundation codes is readily apparent.

29  consider changes made by the adopting entity of any selected

30  model code for any model code incorporated into the Florida

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


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

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

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

 4  state as provided in this section, and

 5         (d)  The commission shall further consider the

 6  commission's own interpretations, declaratory statements,

 7  appellate decisions, and approved statewide and local

 8  technical amendments and shall incorporate such

 9  interpretations, statements, decisions, and amendments into

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

11  are needed to modify the foundation codes to accommodate the

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

13  standards organization to any standard or criterion that is

14  adopted by reference in the Florida Building Code does not

15  become effective statewide until it has been adopted by the

16  commission. Furthermore, the edition of the Florida Building

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

18  permit authorized by the code governs the permitted work for

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

20  permit.

21         (e)  A rule updating the Florida Building Code in

22  accordance with this subsection shall take effect no sooner

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

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

25  finding by the commission that the amendment is necessary to

26  protect the public from immediate threat of harm takes effect

27  immediately.

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

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

30  regional application upon a finding that the amendment:

31  


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 1         1.  Is needed in order to accommodate the specific

 2  needs of this state.

 3         2.1.  Has a reasonable and substantial connection with

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

 5         3.2.  Strengthens or improves the Florida Building

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

 7  provide equivalent or better products or methods or systems of

 8  construction.

 9         4.3.  Does not discriminate against materials,

10  products, methods, or systems of construction of demonstrated

11  capabilities.

12         5.4.  Does not degrade the effectiveness of the Florida

13  Building Code.

14  

15  Furthermore, the Florida Building Commission may approve

16  technical amendments to the code once each year to incorporate

17  into the Florida Building Code its own interpretations of the

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

19  declaratory statements, and interpretations of hearing officer

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

21  extent that incorporation of interpretations is needed to

22  modify the foundation codes to accommodate the specific needs

23  of this state. Amendments approved under this paragraph shall

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

25  after the amendments have been subjected to the provisions of

26  subsection (3).

27         (c)  The commission may not approve any proposed

28  amendment that does not accurately and completely address all

29  requirements for amendment which are set forth in this

30  section. The commission shall require all proposed amendments

31  and information submitted with proposed amendments to be


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 1  reviewed by commission staff prior to consideration by any

 2  technical advisory committee. These reviews shall be for

 3  sufficiency only and are not intended to be qualitative in

 4  nature. Staff members shall reject any proposed amendment that

 5  fails to include a fiscal impact statement. Proposed

 6  amendments rejected by members of the staff may not be

 7  considered by the commission or any technical advisory

 8  committee.

 9         Section 8.  Section 553.77, Florida Statutes, is

10  amended to read:

11         553.77  Specific powers of the commission.--

12         (1)  The commission shall:

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

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

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

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

17  construction, erection, alteration, modification, repair, or

18  demolition of public or private buildings, structures, and

19  facilities, including manufactured buildings, and code

20  enforcement, to ascertain their effect upon the cost of

21  building construction and determine the effectiveness of their

22  provisions. Upon updating the Florida Building Code every 3

23  years, the commission shall review existing provisions of law

24  and make recommendations to the Legislature for the next

25  regular session of the Legislature regarding provisions of law

26  that should be revised or repealed to ensure consistency with

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

28  effect. State agencies and local jurisdictions shall provide

29  such information as requested by the commission for evaluation

30  of and recommendations for improving the effectiveness of the

31  system of building code laws for reporting to the Legislature


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

 2  this act must be reported to the Legislature for further

 3  action. Any proposed legislation providing for the revision or

 4  repeal of existing laws and rules relating to technical

 5  requirements applicable to building structures or facilities

 6  should expressly state that such legislation is not intended

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

 8  laws governing any special district that are not specifically

 9  identified in the legislation.

10         (c)  Upon written application by any substantially

11  affected person or a local enforcement agency, issue

12  declaratory statements pursuant to s. 120.565 relating to new

13  technologies, techniques, and materials which have been tested

14  where necessary and found to meet the objectives of the

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

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

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

18         (d)  Upon written application by any substantially

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

20  issue declaratory statements pursuant to s. 120.565 relating

21  to the enforcement or administration by local governments of

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

23  exclusive remedy for addressing local interpretations of the

24  code.

25         (e)  When requested in writing by any substantially

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

27  shall issue declaratory statements pursuant to s. 120.565

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

29  515.37.  Actions of the commission are subject to judicial

30  review pursuant to s. 120.68.

31  


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

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

 3  regarding rules relating to accessibility for persons with

 4  disabilities.

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

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

 7  recommendations relating to firesafety code interpretations.

 8  The administrative staff of the commission shall attend

 9  meetings of the Florida Fire Code Advisory Council and

10  coordinate efforts to provide consistency between the Florida

11  Building Code and the Florida Fire Prevention Code and the

12  Life Safety Code.

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

14  appeal regarding interpretation decisions of local building

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

16  decisions of the building officials regarding interpretations

17  of the code.  For such appeals:

18         1.  Local decisions declaring structures to be unsafe

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

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

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

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

23  jurisdiction defending the appeal.

24         3.  Hearings shall be conducted pursuant to chapter 120

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

26  commission are subject to judicial review pursuant to s.

27  120.68.

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

29  approved by the commission requiring approval for local or

30  statewide use and shall provide for the evaluation and

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


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 1  construction for statewide use. The commission may prescribe

 2  by rule a schedule of reasonable fees to provide for

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

 4  methods of construction. Evaluation and approval shall be by

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

 6  This paragraph does not apply to products approved by the

 7  State Fire Marshal.

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

 9  advisers, and advisory committees for assistance and

10  recommendations relating to the major areas addressed in the

11  Florida Building Code.

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

13  organized through the department, to provide an efficient

14  supply of various levels of code enforcement personnel, design

15  professionals, commercial property owners, and construction

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

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

18  include provisions for:

19         1.  Minimum postdisaster structural, electrical, and

20  plumbing inspections and procedures.

21         2.  Emergency permitting and inspection procedures.

22         3.  Establishing contact with emergency management

23  personnel and other state and federal agencies.

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

25  noticing rulemaking workshops and hearings, disseminating

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

27  other such actions which are the responsibility of the

28  commission.

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

30  governments, industry, and other affected stakeholders in the

31  examination of legislative provisions and make recommendations


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 1  to fulfill the responsibility to develop a consistent, single

 2  code.

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

 4  departments in order to implement policies, procedures, and

 5  practices which would produce the most cost-effective property

 6  insurance ratings.

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

 8  to use when pursuing partial or full privatization of building

 9  department functions. The recommendations shall include, but

10  not be limited to, provisions relating to equivalency of

11  service, conflict of interest, requirements for competency,

12  liability, insurance, and long-term accountability.

13         (2)  Upon written application by any substantially

14  affected person, the commission shall issue a declaratory

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

16  interpretation and enforcement of the specific provisions of

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

18  The provisions of this subsection shall not be construed to

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

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

21  pursuant to the provisions of chapter 633.

22         (3)  The commission may designate a commission member

23  with demonstrated expertise in interpreting building plans to

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

25  553.512.  The commission member may vary from meeting to

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

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

28  553.74(3).

29         (2)(4)  For educational and public information

30  purposes, the commission shall develop and publish an

31  informational and explanatory document which contains


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 1  descriptions of the roles and responsibilities of the licensed

 2  design professional, residential designer, contractor, and

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

 4  shall be responsible for developing and specifying roles and

 5  responsibilities for fire code officials. Such document may

 6  also contain descriptions of roles and responsibilities of

 7  other participants involved in the building codes system.

 8         (3)(5)  The commission may provide by rule for plans

 9  review and approval of prototype buildings owned by public and

10  private entities to be replicated throughout the state. The

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

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

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

14  department may charge reasonable fees to cover the

15  administrative costs of the program. Such approved plans or

16  prototype buildings shall be exempt from further review

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

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

19  an approved plan may be approved by the local building

20  department or by the public or private entity that approved

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

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

23  Florida Building Code. Construction or erection of such

24  prototype buildings is subject to local permitting and

25  inspections pursuant to this part.

26         (4)(6)  The commission may produce and distribute a

27  commentary document to accompany the Florida Building Code.

28  The commentary must be limited in effect to providing

29  technical assistance and must not have the effect of binding

30  interpretations of the code document itself.

31  


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 1         (5)  A member of the Florida Building Commission may

 2  abstain from voting in any matter before the commission which

 3  would inure to the commissioner's special private gain or

 4  loss, which the commissioner knows would inure to the special

 5  private gain or loss of any principal by whom he or she is

 6  retained or to the parent organization or subsidiary of a

 7  corporate principal by which he or she is retained, or which

 8  he or she knows would inure to the special private gain or

 9  loss of a relative or business associate of the commissioner.

10  A commissioner shall abstain from voting under the foregoing

11  circumstances if the matter is before the commission under ss.

12  120.569, 120.60, and 120.80. The commissioner shall, before

13  the vote is taken, publicly state to the assembly the nature

14  of the commissioner's interest in the matter from which he or

15  she is abstaining from voting and, within 15 days after the

16  vote occurs, disclose the nature of his other interest as a

17  public record in a memorandum filed with the person

18  responsible for recording the minutes of the meeting, who

19  shall incorporate the memorandum in the minutes.

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

21  process of rendering nonbinding interpretations of the Florida

22  Building Code.  The commission is specifically authorized to

23  refer interpretive issues to organizations that represent

24  those engaged in the construction industry.  The commission is

25  directed to immediately implement the process prior to the

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

27  Legislature that the commission create a process to refer

28  questions to a small, rotating group of individuals licensed

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

30  questions regarding the interpretation of code provisions.  It

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


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 1  the expeditious resolution of the issues presented and

 2  publication of the resulting interpretation on the Building

 3  Code Information System.  Such interpretations are to be

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

 5         Section 9.  Section 553.775, Florida Statutes, is

 6  created to read:

 7         553.775  Interpretations.--

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

 9  Florida Building Code be interpreted by building officials,

10  local enforcement agencies, and the commission in a manner

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

12  most reasonable cost to the consumer by ensuring uniform

13  interpretations throughout the state and by providing

14  processes for resolving disputes regarding interpretations of

15  the Florida Building Code which are just and expeditious.

16         (2)  Local enforcement agencies, local building

17  officials, state agencies, and the commission shall interpret

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

19  consistent with declaratory statements and interpretations

20  entered by the commission, except that conflicts between the

21  Florida Fire Prevention Code and the Florida Building Code

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

23         (3)  The following procedures may be invoked regarding

24  interpretations of the Florida Building Code:

25         (a)  Upon written application by any substantially

26  affected person or state agency or by a local enforcement

27  agency, the commission shall issue declaratory statements

28  pursuant to s. 120.565 relating to the enforcement or

29  administration by local governments of the Florida Building

30  Code.

31  


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 1         (b)  When requested in writing by any substantially

 2  affected person or state agency or by a local enforcement

 3  agency, the commission shall issue a declaratory statement

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

 5  515.27, 515.29, and 515.37. Actions of the commission are

 6  subject to judicial review under s. 120.68.

 7         (c)  The commission shall review decisions of local

 8  building officials and local enforcement agencies regarding

 9  interpretations of the Florida Building Code after the local

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

11  exists, and if such appeals process is concluded within 25

12  business days.

13         1.  The commission shall coordinate with the Building

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

15  composed of five members to hear requests to review decisions

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

17  building code administrators under part XII of chapter 468 and

18  must have experience interpreting and enforcing provisions of

19  the Florida Building Code.

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

21  official interpreting provisions of the Florida Building Code

22  may be initiated by any substantially affected person,

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

24  building official or an association of owners or builders

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

26  building official. In order to initiate review, the

27  substantially affected person must file a petition with the

28  commission. The commission shall adopt a form for the

29  petition, which shall be published on the Building Code

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

31  following:


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

 2  in which provisions of the Florida Building Code are being

 3  interpreted.

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

 5  who has made the interpretation being appealed.

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

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

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

 9  the petitioner's substantial interests are being affected by

10  the local interpretation of the Florida Building Code.

11         d.  A statement of the provisions of the Florida

12  Building Code which are being interpreted by the local

13  building official.

14         e.  A statement of the interpretation given to

15  provisions of the Florida Building Code by the local building

16  official and the manner in which the interpretation was

17  rendered.

18         f.  A statement of the interpretation that the

19  petitioner contends should be given to the provisions of the

20  Florida Building Code and a statement supporting the

21  petitioner's interpretation.

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

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

24  building official to respond by providing a statement

25  admitting or denying the statements contained in the petition

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

27  Florida Building Code which the local jurisdiction or the

28  local building official contends is correct, including the

29  basis for the interpretation.

30         3.  The petitioner shall submit the petition to the

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


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

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

 3  petition along with his or her response to the petitioner

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

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

 6  the commission at any time after the local building official

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

 8  building official, the petitioner may file the petition with

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

10  local building official and shall note that the local building

11  official did not respond.

12         4.  Upon receipt of a petition that meets the

13  requirements of subparagraph 2., the commission shall

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

15  commission shall publish the petition, including any response

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

17  Information System in a manner that allows interested persons

18  to address the issues by posting comments.

19         5.  The panel shall conduct proceedings as necessary to

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

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

22  Information System; and shall issue an interpretation

23  regarding the provisions of the Florida Building Code within

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

25  render a determination based upon the Florida Building Code

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

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

28  which shall publish the interpretation on the Building Code

29  Information System and in the Florida Administrative Weekly.

30  The interpretation shall be considered an interpretation

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


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 1  parties and upon all jurisdictions subject to the Florida

 2  Building Code, unless it is superseded by a declaratory

 3  statement issued by the Florida Building Commission or by a

 4  final order entered after an appeal proceeding conducted in

 5  accordance with subparagraph 7.

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

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

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

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

10  upon consent of all parties.

11         7.  Any substantially affected person may appeal an

12  interpretation rendered by a hearing officer panel by filing a

13  petition with the commission. Such appeals shall be initiated

14  in accordance with chapter 120 and the uniform rules of

15  procedure and must be filed within 30 days after publication

16  of the interpretation on the Building Code Information System

17  or in the Florida Administrative Weekly. Hearings shall be

18  conducted pursuant to chapter 120 and the uniform rules of

19  procedure. Decisions of the commission are subject to judicial

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

21  commission is binding upon the parties and upon all

22  jurisdictions subject to the Florida Building Code.

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

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

25  the appeal.

26         9.  In any review proceeding initiated in accordance

27  with this paragraph, including any proceeding initiated in

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

29  builder has proceeded with construction may not be grounds for

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

31  likely to arise in the future.


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 1  

 2  This paragraph provides the exclusive remedy for addressing

 3  requests to review local interpretations of the code and

 4  appeals from review proceedings.

 5         (d)  Local decisions declaring structures to be unsafe

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

 7  under this subsection and may not be appealed to the

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

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

10         (e)  Upon written application by any substantially

11  affected person, the commission shall issue a declaratory

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

13  interpretation and enforcement of the specific provisions of

14  the Florida Building Code which the agency is authorized to

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

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

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

18         (f)  The commission may designate a commission member

19  who has demonstrated expertise in interpreting building plans

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

21  553.512. The commission member may vary from meeting to

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

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

24  553.74(3).

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

26  process of rendering nonbinding interpretations of the Florida

27  Building Code. The commission is specifically authorized to

28  refer interpretive issues to organizations that represent

29  those engaged in the construction industry. The commission

30  shall immediately implement the process before completing

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


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

 2  rotating group of individuals licensed under part XII of

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

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

 5  Legislature that the process provide for the expeditious

 6  resolution of the issues presented and publication of the

 7  resulting interpretation on the Building Code Information

 8  System. Such interpretations shall be advisory only and

 9  nonbinding on the parties and the commission.

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

11  commission may adopt by rule and impose a fee for binding

12  interpretations to recoup the cost of the proceedings which

13  may not exceed $250 for each request for a review or

14  interpretation. For proceedings conducted by or in

15  coordination with a third-party, the rule may provide that

16  payment be made directly to the third party, who shall remit

17  to the department that portion of the fee necessary to cover

18  the costs of the department.

19         Section 10.  Subsection (14) of section 553.79, Florida

20  Statutes, is amended to read:

21         553.79  Permits; applications; issuance; inspections.--

22         (14)  Certifications by contractors authorized under

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

24  equivalent to sealed plans and specifications by a person

25  licensed under chapter 471 or chapter 481 by local enforcement

26  agencies for plans review for permitting purposes relating to

27  compliance with the wind resistance provisions of the code or

28  alternate methodologies approved by the commission for one and

29  two family dwellings. Local enforcement agencies may rely upon

30  such certification by contractors that the plans and

31  specifications submitted conform to the requirements of the


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

 2  government code enforcement agencies may accept or reject

 3  plans sealed by persons licensed under chapter 471, chapter

 4  481, or chapter 489. A truss-placement plan is not required to

 5  be signed and sealed by an engineer or architect unless

 6  prepared by an engineer or architect or specifically required

 7  by the Florida Building Code.

 8         Section 11.  Paragraph (f) of subsection (1),

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

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

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

12         553.791  Alternative plans review and inspection.--

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

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

15  and submitted application for:

16         1.  the requested building or construction permit,

17  including:.

18         1.2.  The plans reviewed by the private provider.

19         2.3.  The affidavit from the private provider required

20  pursuant to subsection (5).

21         3.4.  Any applicable fees.

22         4.5.  Any documents required by the local building

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

24  government approvals required by law.

25         (2)  Notwithstanding any other provision of law or

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

27  building or structure, or the fee owner's contractor upon

28  written authorization from the fee owner, may choose to use a

29  private provider to provide building code inspection services

30  with regard to such building or structure and may make payment

31  directly to the private provider for the provision of such


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 1  services. All such services shall be the subject of a written

 2  contract between the private provider, or the private

 3  provider's firm, and the fee owner. The fee owner may elect to

 4  use a private provider to provide either plans review or

 5  required building inspections, or both. However, if the fee

 6  owner or the fee owner's contractor uses a private provider to

 7  provide plans review, the local building official, in his or

 8  her discretion and pursuant to duly adopted policies of the

 9  local enforcement agency, may require the fee owner or the fee

10  owner's contractor who desires to use a private provider to

11  use the private provider to also provide both plans review and

12  required building inspections inspection services .

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

14  private provider to provide building code inspection services

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

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

17  first scheduled inspection by the local building official or

18  building code enforcement agency for a private provider

19  performing required inspections of construction under this

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

21  notice shall include the following information:

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

23  provider.

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

25  facsimile number of each private provider who is performing or

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

27  certification number, qualification statements or resumes,

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

29  of insurance demonstrating that professional liability

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

31  


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 1  firm, the private provider, and any duly authorized

 2  representative in the amounts required by this section.

 3         (c)  An acknowledgment from the fee owner in

 4  substantially the following form:

 5  

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

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

 8  building or structure that is the subject of the enclosed

 9  permit application, as authorized by s. 553.791, Florida

10  Statutes. I understand that the local building official may

11  not review the plans submitted or perform the required

12  building inspections to determine compliance with the

13  applicable codes, except to the extent specified in said law.

14  Instead, plans review and/or required building inspections

15  will be performed by licensed or certified personnel

16  identified in the application. The law requires minimum

17  insurance requirements for such personnel, but I understand

18  that I may require more insurance to protect my interests. By

19  executing this form, I acknowledge that I have made inquiry

20  regarding the competence of the licensed or certified

21  personnel and the level of their insurance and am satisfied

22  that my interests are adequately protected. I agree to

23  indemnify, defend, and hold harmless the local government, the

24  local building official, and their building code enforcement

25  personnel from any and all claims arising from my use of these

26  licensed or certified personnel to perform building code

27  inspection services with respect to the building or structure

28  that is the subject of the enclosed permit application.

29  

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

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


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

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

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

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

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

 6  construction and updated within 1 business day after any

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

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

 9  private provider who is performing or will perform building

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

11  and similar information for the primary contact of the private

12  provider on the project.

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

14  receipt of a permit application and the affidavit from the

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

16  local building official shall issue the requested permit or

17  provide a written notice to the permit applicant identifying

18  the specific plan features that do not comply with the

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

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

21  written notice of the plan deficiencies within the prescribed

22  30-day period, the permit application shall be deemed approved

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

24  local building official on the next business day.

25         (7)  A private provider performing required inspections

26  under this section shall inspect each phase of construction as

27  required by the applicable codes. The private provider shall

28  be permitted to send a duly authorized representative to the

29  building site to perform the required inspections, provided

30  all required reports and certifications are prepared by and

31  bear the signature of the private provider. The duly


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 1  authorized representative must be an employee of the private

 2  provider entitled to receive unemployment compensation

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

 4  legal obligations are not relieved by any action of the

 5  private provider.

 6         (9)  Upon completing the required inspections at each

 7  applicable phase of construction, the private provider shall

 8  record such inspections on a form acceptable to the local

 9  building official. These inspection records shall reflect

10  those inspections required by the applicable codes of each

11  phase of construction for which permitting by a local

12  enforcement agency is required. The private provider, before

13  leaving the project site, shall post each completed inspection

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

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

16  The local building official may waive the requirement to

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

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

19  inspection records are submitted with the certificate of

20  compliance. Records of all required and completed inspections

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

22  available for review by the local building official. The

23  private provider shall report to the local enforcement agency

24  any condition that poses an immediate threat to public safety

25  and welfare.

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

27  of a request for a certificate of occupancy or certificate of

28  completion and the applicant's presentation of a certificate

29  of compliance and approval of all other government approvals

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

31  certificate of occupancy or certificate of completion or


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 1  provide a notice to the applicant identifying the specific

 2  deficiencies, as well as the specific code chapters and

 3  sections. If the local building official does not provide

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

 5  the request for a certificate of occupancy or certificate of

 6  completion shall be deemed granted and the certificate of

 7  occupancy or certificate of completion shall be issued by the

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

 9  any identified deficiencies, the applicant may elect to

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

11  submit a corrected request for a certificate of occupancy or

12  certificate of completion.

13         (12)  If the local building official determines that

14  the building construction or plans do not comply with the

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

16  for a certificate of occupancy or certificate of completion,

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

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

19  determines that such noncompliance poses a threat to public

20  safety and welfare, subject to the following:

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

22  meet with the private provider within 2 business days to

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

24  providing notice to the applicant denying a permit or request

25  for a certificate of occupancy or certificate of completion.

26         (b)  If the local building official and private

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

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

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

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

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


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

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

 3  553.77(1)(h).

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

 5  decisions regarding the issuance of a building permit,

 6  certificate of occupancy, or certificate of completion may be

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

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

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

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

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

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

13  meeting.

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

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

16  rules, procedures, policies, qualifications,  or standards

17  more stringent than those prescribed by this section.

18         (b)  A local enforcement agency, local building

19  official, or local government may establish, for private

20  providers and duly authorized representatives working within

21  that jurisdiction, a system of registration to verify

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

23  and the insurance requirements of subsection (15).

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

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

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

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

28  building site constitutes an immediate threat to public safety

29  and welfare.

30         (15)  A private provider may perform building code

31  inspection services on a building project under this section


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 1  only if the private provider maintains insurance for

 2  professional and comprehensive general liability covering with

 3  minimum policy limits of $1 million per occurrence relating to

 4  all services performed as a private provider. Such insurance

 5  shall have minimum policy limits of $1 million per occurrence

 6  and $2 million in the aggregate for any project with a

 7  construction cost of $5 million or less and $2 million per

 8  occurrence and $4 million in the aggregate for any project

 9  with a construction cost of over $5 million. Nothing in this

10  section limits the ability of a fee owner to require

11  additional insurance or higher policy limits. For these

12  purposes, the term "construction cost" means the total cost of

13  building construction as stated in the building permit

14  application. If the private provider chooses to secure

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

16  provider must also maintain, including tail coverage for a

17  minimum of 5 years subsequent to the performance of building

18  code inspection services. The insurance required under this

19  subsection shall be written only by insurers authorized to do

20  business in this state with a minimum A.M. Best's rating of A.

21  Before providing building code inspection services within a

22  local building official's jurisdiction, a private provider

23  must provide to the local building official a certificate of

24  insurance evidencing that the coverages required under this

25  subsection are in force.

26         (17)  Each local building code enforcement agency may

27  shall develop and maintain a process to audit the performance

28  of building code inspection services by private providers

29  operating within the local jurisdiction. Work on a building or

30  structure may proceed after inspection and approval by a

31  private provider if the provider has given notice of the


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

 2  inspection and approval, the work may not be delayed for

 3  completion of an inspection audit by the local building code

 4  enforcement agency.

 5         Section 12.  Paragraph (d) of subsection (1) and

 6  subsection (6) of section 553.80, Florida Statutes, are

 7  amended, and subsections (7) and (8) are added to that

 8  section, to read:

 9         553.80  Enforcement.--

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

11  local government and each legally constituted enforcement

12  district with statutory authority shall regulate building

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

14  enabling legislation, each state agency shall enforce the

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

16  private buildings, structures, and facilities, unless such

17  responsibility has been delegated to another unit of

18  government pursuant to s. 553.79(9).

19         (d)  Building plans approved under pursuant to s.

20  553.77(3)(5) and state-approved manufactured buildings,

21  including buildings manufactured and assembled offsite and not

22  intended for habitation, such as lawn storage buildings and

23  storage sheds, are exempt from local code enforcing agency

24  plan reviews except for provisions of the code relating to

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

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

27  permitting and inspections. Lawn storage buildings and storage

28  sheds bearing the insignia of approval of the department are

29  not subject to s. 553.842. Such buildings that do not exceed

30  400 square feet may be delivered and installed without need of

31  a contractor's or specialty license.


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 1  

 2  The governing bodies of local governments may provide a

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

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

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

 6  local government's responsibilities in enforcing the Florida

 7  Building Code. The authority of state enforcing agencies to

 8  set fees for enforcement shall be derived from authority

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

10  subsection shall operate to limit such agencies from adjusting

11  their fee schedule in conformance with existing authority.

12         (6)  Notwithstanding any other provision of law, state

13  universities, community colleges, and public school districts

14  shall be subject to enforcement of the Florida Building Code

15  under pursuant to this part.

16         (a)1.  State universities, state community colleges, or

17  public school districts shall conduct plan review and

18  construction inspections to enforce building code compliance

19  for their building projects that are subject to the Florida

20  Building Code. These Such entities must shall use personnel or

21  contract providers appropriately certified under part XII of

22  chapter 468 to perform the plan reviews and inspections

23  required by the code. Under these such arrangements, the such

24  entities are shall not be subject to local government

25  permitting requirements, plans review, and inspection fees.

26  State universities, state community colleges, and public

27  school districts are shall be liable and responsible for all

28  of their buildings, structures, and facilities. Nothing in

29  This paragraph does not shall be construed to limit the

30  authority of the county, municipality, or code enforcement

31  district to ensure that buildings, structures, and facilities


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 1  owned by these such entities comply with the Florida Building

 2  Code or to limit the authority and responsibility of the fire

 3  official to conduct firesafety inspections under pursuant to

 4  chapter 633.

 5         2.  In order to enforce building code compliance

 6  independent of a county or municipality, a state university,

 7  community college, or public school district may create a

 8  board of adjustment and appeal to which a substantially

 9  affected party may appeal an interpretation of the Florida

10  Building Code which relates to a specific project. The

11  decisions of this board, or, in its absence, the decision of

12  the building code administrator, may be reviewed under s.

13  553.775.

14         (b)  If a state university, state community college, or

15  public school district elects to use a local government's code

16  enforcement offices:

17         1.  Fees charged by counties and municipalities for

18  enforcement of the Florida Building Code on buildings,

19  structures, and facilities of state universities, state

20  colleges, and public school districts may shall not be more

21  than the actual labor and administrative costs incurred for

22  plans review and inspections to ensure compliance with the

23  code.

24         2.  Counties and municipalities shall expedite building

25  construction permitting, building plans review, and

26  inspections of projects of state universities, state community

27  colleges, and public school districts that which are subject

28  to the Florida Building Code according to guidelines

29  established by the Florida Building Commission.

30         3.  A party substantially affected by an interpretation

31  of the Florida Building Code by the local government's code


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 1  enforcement offices may appeal the interpretation to the local

 2  government's board of adjustment and appeal or to the

 3  commission under s. 553.775 if no local board exists. The

 4  decision of a local board is reviewable in accordance with s.

 5  553.775.

 6         (c)  The Florida Building Commission and code

 7  enforcement jurisdictions shall consider balancing code

 8  criteria and enforcement to unique functions, where they

 9  occur, of research institutions by application of performance

10  criteria in lieu of prescriptive criteria.

11         (d)  School boards, community college boards, and state

12  universities may use annual facility maintenance permits to

13  facilitate routine maintenance, emergency repairs, building

14  refurbishment, and minor renovations of systems or equipment.

15  The amount expended for maintenance projects may not exceed

16  $200,000 per project. A facility maintenance permit is valid

17  for 1 year. A detailed log of alterations and inspections must

18  be maintained and annually submitted to the building official.

19  The building official retains the right to make inspections at

20  the facility site as he or she considers necessary. Code

21  compliance must be provided upon notification by the building

22  official. If a pattern of code violations is found, the

23  building official may withhold the issuance of future annual

24  facility maintenance permits.

25  

26  Nothing in This part may not shall be construed to authorize

27  counties, municipalities, or code enforcement districts to

28  conduct any permitting, plans review, or inspections not

29  covered by the Florida Building Code. Any actions by counties

30  or municipalities not in compliance with this part may be

31  appealed to the Florida Building Commission. The commission,


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 1  upon a determination that actions not in compliance with this

 2  part have delayed permitting or construction, may suspend the

 3  authority of a county, municipality, or code enforcement

 4  district to enforce the Florida Building Code on the

 5  buildings, structures, or facilities of a state university,

 6  state community college, or public school district and provide

 7  for code enforcement at the expense of the state university,

 8  state community college, or public school district.

 9         (7)  The governing bodies of local governments may

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

11  125.56(2) or s. 166.222 and this section, for enforcing this

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

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

14  government's responsibilities in enforcing the Florida

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

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

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

18  exceed the total estimated annual costs of allowable

19  activities. Any unexpended balances shall be carried forward

20  to future years for allowable activities or shall be refunded

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

22  structure for allowable activities shall relate to the level

23  of service provided by the local government. Fees charged

24  shall be consistently applied.

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

26  the Florida Building Code" includes the direct costs and

27  reasonable indirect costs associated with review of building

28  plans, building inspections, reinspections, building permit

29  processing; building code enforcement; and fire inspections

30  associated with new construction. The phrase may also include

31  training costs associated with the enforcement of the Florida


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 1  Building Code and enforcement action pertaining to unlicensed

 2  contractor activity to the extent not funded by other user

 3  fees.

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

 5  fees adopted for enforcing the Florida Building Code:

 6         1.  Planning and zoning or other general government

 7  activities.

 8         2.  Inspections of public buildings for a reduced fee

 9  or no fee.

10         3.  Public information requests, community functions,

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

12  the Florida Building Code.

13         4.  Enforcement and implementation of any other local

14  ordinance, excluding validly adopted local amendments to the

15  Florida Building Code and excluding any local ordinance

16  directly related to enforcing the Florida Building Code as

17  defined in paragraph (a).

18         (c)  A local government shall use recognized

19  management, accounting, and oversight practices to ensure that

20  fees, fines, and investment earnings generated under this

21  subsection are maintained and allocated or used solely for the

22  purposes described in paragraph (a).

23         (8)  The Department of Agriculture and Consumer

24  Services is not subject to local government permitting

25  requirements, plan review, or inspection fees for agricultural

26  structures, such as equipment storage sheds and polebarns that

27  are not used by the public.

28         Section 13.  Paragraph (c) is added to subsection (17)

29  of section 120.80, Florida Statutes, to read:

30         120.80  Exceptions and special requirements;

31  agencies.--


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 1         (17)  FLORIDA BUILDING COMMISSION.--

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

 3  the Florida Building Commission and hearing officer panels

 4  appointed by the commission in accordance with s.

 5  553.775(3)(c)1. may conduct proceedings to review decisions of

 6  local building code officials in accordance with s.

 7  553.775(3)(c).

 8         Section 14.  Section 553.841, Florida Statutes, is

 9  amended to read:

10         (Substantial rewording of section. See

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

12         553.841  Building code education and outreach

13  program.--

14         (1)  The Legislature finds that the effectiveness of

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

16  all participants, as demonstrated through knowledge of the

17  codes and commitment to compliance with code directives, and

18  that to strengthen compliance by industry and enforcement by

19  government, a building code education and outreach program is

20  needed.

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

22  Outreach Council to coordinate, develop, and maintain

23  education and outreach to ensure administration and

24  enforcement of the Florida Building Code.

25         (3)  The Building Code Education and Outreach Council

26  shall be composed of the following members:

27         (a)  Three representatives of the Florida Building

28  Commission, one of whom must be a member of a Florida-based

29  organization of persons with disabilities or a nationally

30  chartered organization of persons with disabilities having

31  chapters in this state, selected by the commission;


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 1         (b)  One representative of the Florida Building Code

 2  Administrators and Inspectors Board, selected by that board;

 3         (c)  One representative of the Construction Industry

 4  Licensing Board, selected by that board;

 5         (d)  One representative of the Electrical Contractors

 6  Licensing Board, selected by that board;

 7         (e)  One representative of the Florida Board of

 8  Professional Engineers, selected by that board;

 9         (f)  One architect representative of the Board of

10  Architecture and Interior Design, selected by that board;

11         (g)  One interior designer representative of the Board

12  of Architecture and Interior Design, selected by that board;

13         (h)  One representative of the Board of Landscape

14  Architecture, selected by that board;

15         (i)  One representative from the office of the State

16  Fire Marshal, selected by that office; and

17         (j)  One representative with experience and expertise

18  in K-12 public school construction.

19  

20  Each member of the board shall be appointed to a 2-year term

21  and may be reappointed at the discretion of the appointing

22  body. A chair shall be elected by majority vote of the council

23  and shall serve a term of 1 year.

24         (4)  The Building Code Education and Outreach Council

25  shall meet in Tallahassee no more than semiannually. The

26  council may meet more often but not more than monthly, and

27  such additional meetings shall be by telephone conference

28  call. Travel costs, if any, shall be borne by the respective

29  appointing entity. The Department of Community Affairs shall

30  provide administrative support to the council; however, the

31  department may contract with an entity that has previous


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 1  experience with building code training, development, and

 2  coordination to provide administrative support for the

 3  council.

 4         (5)  The Building Code Education and Outreach Council

 5  shall:

 6         (a)  Consider and determine any policies or procedures

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

 8         (b)  Administer the provisions of this section.

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

10  should be expended for education and outreach.

11         (d)  Review all proposed subjects for advanced courses

12  concerning the Florida Building Code and recommend to the

13  commission any related subjects that should be approved for

14  advanced courses.

15         (6)  The Building Code Education and Outreach Council

16  shall maintain, update, develop, or cause to be developed:

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

18  advanced module coursework.

19         (b)  Advanced modules designed for use by each

20  profession.

21         (c)  The core curriculum developed under this

22  subsection must be approved by the commission and submitted to

23  the Department of Business and Professional Regulation for

24  approval. Advanced modules developed under this paragraph must

25  be approved by the commission and submitted to the respective

26  boards for approval.

27         (7)  The core curriculum shall cover the information

28  required to have all categories of participants appropriately

29  informed as to their technical and administrative

30  responsibilities in the effective execution of the code

31  process by all individuals currently licensed under part XII


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

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

 3  curriculum shall be prerequisite to the advanced module

 4  coursework for all licensees and shall be completed by

 5  individuals licensed in all categories under part XII of

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

 7  the first 2-year period after initial licensure. Core course

 8  hours taken by licensees to complete this requirement shall

 9  count toward fulfillment of required continuing education

10  units under part XII of chapter 468, chapter 471, chapter 481,

11  or chapter 489.

12         (8)  Each biennium, upon receipt of funds by the

13  Department of Community Affairs from the Construction Industry

14  Licensing Board and the Electrical Contractors' Licensing

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

16  council shall determine the amount of funds available for

17  education and outreach projects from the proceeds of

18  contractor licensing fees and identify, solicit, and accept

19  funds from other sources for education and outreach projects.

20         (9)  If funds collected for education and outreach

21  projects in any year do not require the use of all available

22  funds, the unused funds shall be carried forward and allocated

23  for use during the following fiscal year.

24         (10)  The commission shall consider and approve or

25  reject the recommendations made by the council for subjects

26  for education and outreach concerning the Florida Building

27  Code. Any rejection must be made with specificity and must be

28  communicated to the council.

29         (11)  The commission shall adopt rules for establishing

30  procedures and criteria for the approval of advanced courses.

31  This section does not modify or eliminate the continuing


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 1  education course requirements or authority of any licensing

 2  board under part XII of chapter 468, chapter 471, chapter 481,

 3  or chapter 489.

 4         Section 15.  Section 553.8413, Florida Statutes, is

 5  repealed.

 6         Section 16.  Subsections (3), (4), (5), (6), (7), (8),

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

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

 9         553.842  Product evaluation and approval.--

10         (3)  Products or methods or systems of construction

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

12  testing or comparative or rational analysis methods

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

14  product evaluation entity, testing laboratory, or

15  certification agency as complying with the standards specified

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

17  Products required to be approved for statewide use shall be

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

19  without further evaluation.

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

21  of construction requiring approval under s. 553.77 must be

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

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

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

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

26  that department's jurisdiction only. Notwithstanding a local

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

28  provided in this act, statewide approval shall preclude local

29  jurisdictions from requiring further testing, evaluation, or

30  submission of other evidence as a condition of using the

31  


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

 2  the conditions of its approval.

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

 4  of construction may be achieved by the local building official

 5  through building plans review and inspection to determine that

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

 7  the prescriptive standards established in the code.

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

 9  methods established in subsection (6).

10         (5)(6)  Statewide or local approval of products,

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

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

13  local officials or the commission to approve the following

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

15  skylights, windows, shutters, and structural components as

16  established by the commission by rule.

17         (a)  Products for which the code establishes

18  standardized testing or comparative or rational analysis

19  methods shall be approved by submittal and validation of one

20  of the following reports or listings indicating that the

21  product or method or system of construction was evaluated to

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

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

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

25  Florida Building Code:

26         1.  A certification mark or listing of an approved

27  certification agency;

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

29         3.  A product evaluation report based upon testing or

30  comparative or rational analysis, or a combination thereof,

31  from an approved product evaluation entity; or


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 1         4.  A product evaluation report based upon testing or

 2  comparative or rational analysis, or a combination thereof,

 3  developed and signed and sealed by a professional engineer or

 4  architect, licensed in this state.

 5  

 6  A product evaluation report or a certification mark or listing

 7  of an approved certification agency which demonstrates that

 8  the product or method or system of construction complies with

 9  the Florida Building Code for the purpose intended shall be

10  equivalent to a test report and test procedure as referenced

11  in the Florida Building Code.

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

13  which there are no specific standardized testing or

14  comparative or rational analysis methods established in the

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

16  following:

17         1.  A product evaluation report based upon testing or

18  comparative or rational analysis, or a combination thereof,

19  from an approved product evaluation entity indicating that the

20  product or method or system of construction was evaluated to

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

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

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

24  by the Florida Building Code; or

25         2.  A product evaluation report based upon testing or

26  comparative or rational analysis, or a combination thereof,

27  developed and signed and sealed by a professional engineer or

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

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

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

31  Florida Building Code.


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 1         (6)(7)  The commission shall ensure that product

 2  manufacturers that obtain statewide product approval operate

 3  quality assurance programs for all approved products. The

 4  commission shall adopt by rule criteria for operation of the

 5  quality assurance programs.

 6         (7)(8)  For local approvals, validation shall be

 7  performed by the local building official. The commission shall

 8  adopt by rule criteria constituting complete validation by the

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

10  governing verification of a quality assurance program. For

11  state approvals, validation shall be performed by validation

12  entities approved by the commission. The commission shall

13  adopt by rule criteria for approval of validation entities,

14  which shall be third-party entities independent of the

15  product's manufacturer and which shall certify to the

16  commission the product's compliance with the code.

17         (8)(9)  The commission may adopt rules to approve the

18  following types of entities that produce information on which

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

20  including engineers and architects, must comply with a

21  nationally recognized standard demonstrating independence or

22  no conflict of interest:

23         (a)  Evaluation entities that meet the criteria for

24  approval adopted by the commission by rule. The commission

25  shall specifically approve the National Evaluation Service,

26  the International Conference of Building Officials Evaluation

27  Services, the International Code Council Evaluation Services,

28  the Building Officials and Code Administrators International

29  Evaluation Services, the Southern Building Code Congress

30  International Evaluation Services, and the Miami-Dade County

31  Building Code Compliance Office Product Control. Architects


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 1  and engineers licensed in this state are also approved to

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

 3         (16)  The commission may adopt a rule listing the

 4  prescriptive, material standards and alternative means by

 5  which products subject to those standards may demonstrate

 6  compliance with the code. The commission shall establish a

 7  schedule for adoption of the rules required in this section to

 8  ensure that the product manufacturing industry has sufficient

 9  time to revise products to meet the requirements for approval

10  and submit them for testing or evaluation before the system

11  takes effect on October 1, 2003, and to ensure that the

12  availability of statewide approval is not delayed.

13         Section 17.  Subsection (9) of section 633.025, Florida

14  Statutes, is amended, and subsection (10) is added to that

15  section to read:

16         633.025  Minimum firesafety standards.--

17         (9)  The provisions of the Life Safety Code shall not

18  apply to newly constructed one-family and two-family

19  dwellings.  However, fire sprinkler protection may be

20  permitted by local government in lieu of other fire

21  protection-related development requirements for such

22  structures. While local governments may adopt fire sprinkler

23  requirements for one and two-family dwellings under this

24  subsection, it is the intent of the Legislature that the

25  economic consequences of the fire sprinkler mandate on home

26  owners be studied before the enactment of such a requirement.

27  After the effective date of this act, any local government

28  that desires to adopt a fire sprinkler requirement on one or

29  two-family dwellings must prepare an economic cost and benefit

30  report that analyzes the application of fire sprinklers to one

31  or two-family dwellings or any proposed residential


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 1  subdivision. The report must consider the tradeoffs and

 2  specific cost-savings and benefits of fire sprinklers for

 3  future owners of property. The report must include an

 4  assessment of the cost savings from any reduced or eliminated

 5  impact fees if applicable, the reduction in special fire

 6  district tax, insurance fees, and other taxes or fees imposed,

 7  and the waiver of certain infrastructure requirements

 8  including the reduction of roadway widths, the reduction of

 9  water line sizes, increased fire hydrant spacing, increased

10  dead-end road way length and a reduction in cul-de-sac sizes

11  relative to the costs from fire sprinkling. A failure to

12  prepare an economic report shall result in the invalidation of

13  the fire sprinkler requirement to any one or two-family

14  dwelling or any proposed subdivision. In addition, a local

15  jurisdiction or utility may not charge any additional fee,

16  above what is charged to a non-fire sprinklered dwelling, on

17  the basis that a one or two-family dwelling unit is protected

18  by a fire sprinkler system.

19         (10)  Before imposing a fire sprinkler requirement on

20  any one or two-family dwelling, a local government must

21  provide the owner of any one or two-family dwelling a letter

22  documenting specific infrastructure or other tax or fee

23  allowances and waivers that are listed in but not limited to

24  those described in subsection (9) for the dwelling. The

25  documentation must show that the cost savings reasonably

26  approximate the cost of the purchase and installation of a

27  fire protection system.

28         Section 18.  Section 633.026, Florida Statutes, is

29  created to read:

30         633.026  Informal interpretations of the Florida Fire

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


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 1  rule establish an informal process of rendering nonbinding

 2  interpretations of the Florida Fire Prevention Code. The

 3  Division of State Fire Marshal may contract with and refer

 4  interpretive issues to a nonprofit organization that has

 5  experience in interpreting and enforcing the Florida Fire

 6  Prevention Code. The Division of State Fire Marshal shall

 7  immediately implement the process prior to the completion of

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

 9  the Division of State Fire Marshal create a process to refer

10  questions to a small group of individuals certified under s.

11  633.081(2), to which a party can pose questions regarding the

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

13  Legislature that the process provide for the expeditious

14  resolution of the issues presented and publication of the

15  resulting interpretation on the website of the Division of

16  State Fire Marshal. It is the intent of the Legislature that

17  this program be similar to the program established by the

18  Florida Building Commission in s. 553.77(7). Such

19  interpretations shall be advisory only and nonbinding on the

20  parties or the State Fire Marshal. In order to administer this

21  section, the department may adopt by rule and impose a fee for

22  nonbinding interpretations, with payment made directly to the

23  third party. The fee may not exceed $150 for each request for

24  a review or interpretation.

25         Section 19.  Local product approval.--

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

27  construction shall demonstrate compliance with the structural

28  windload requirements of the Florida Building Code through one

29  of the following methods:

30  

31  


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

 2  commission-approved certification agency indicating that the

 3  product complies with the code;

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

 5  laboratory indicating that the product tested complies with

 6  the code;

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

 8  comparative or rational analysis, or a combination thereof,

 9  from a commission-approved product evaluation entity which

10  indicates that the product evaluated complies with the code;

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

12  upon testing or comparative or rational analysis, or a

13  combination thereof, developed and signed and sealed by a

14  Florida professional engineer or Florida registered architect,

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

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

17  Building Commission.

18         (f)  Designation of compliance with a prescriptive,

19  material standard adopted by the commission by rule under

20  section 553.842(16), Florida Statutes.

21         (2)  For product-evaluation reports that indicate

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

23  approved testing laboratory and rational or comparative

24  analysis by a Florida registered architect or Florida

25  professional engineer, the testing laboratory or the

26  evaluating architect or engineer must certify independence

27  from the product manufacturer.

28         (3)  Local building officials may accept modifications

29  to approved products or their installations if sufficient

30  evidence is submitted to the local building official to

31  demonstrate compliance with the code or the intent of the


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 1  code, including such evidence as certifications from a Florida

 2  registered architect or Florida professional engineer.

 3         (4)  Products demonstrating compliance shall be

 4  manufactured under a quality assurance program audited by an

 5  approved quality assurance entity.

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

 7  listing by an approved certification agency require no further

 8  documentation to establish compliance with the code.

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

10  finding that the product complies with the code, the authority

11  having jurisdiction or a local building official shall deem

12  the product approved for use in accordance with its approval

13  and limitation of use.

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

15  product changes and decreases in performance; the standards of

16  the code change, requiring increased performance; or the

17  approval is otherwise suspended or revoked. Changes to the

18  code do not void the approval of products previously installed

19  in existing buildings if such products met building code

20  requirements at the time the product was installed.

21         Section 20.  Mitigation Grant Program guideline.--

22         (1)  The Legislature finds that facilities owned by the

23  government and those designated to protect the public should

24  be the first to adopt the best practices, active risk

25  management, and improved security planning. These facilities

26  should be protected to a higher level.

27         (2)  Beginning with grant funds approved after July 1,

28  2005, the construction of new or retrofitted window or door

29  covering that is funded by a hazard-mitigation grant program

30  or shelter-retrofit program must conform to design drawings

31  that are signed, sealed, and inspected by a structural


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 1  engineer who is registered in this state. Before the

 2  Department of Community Affairs forwards payment to a

 3  recipient of the grant, an inspection report and attestation

 4  or a copy of the sign and sealed plans shall be provided to

 5  the department.

 6         (3)  If the construction is funded by a hazard

 7  mitigation grant or shelter retrofit program, the Department

 8  of Community Affairs shall advise the county, municipality, or

 9  other entity applying for the grant that the cost or price of

10  the project is not the sole criterion for selecting a vendor.

11         (4)  A project funded under mitigation or retrofit

12  grants are subject to inspection by the local building

13  officials in the county in which the project is performed.

14         Section 21.  Notwithstanding any provision of the

15  Florida Building Code to the contrary, backflow prevention

16  assemblies must be inspected once every 3 years.

17         Section 22.  Subsections (5), (14), and (18) of section

18  633.021, Florida Statutes, are amended to read:

19         633.021  Definitions.--As used in this chapter:

20         (5)(a)  "Contractor I" means a contractor whose

21  business includes the execution of contracts requiring the

22  ability to lay out, fabricate, install, inspect, alter,

23  repair, and service all types of fire protection systems,

24  excluding preengineered systems.

25         (b)  "Contractor II" means a contractor whose business

26  is limited to the execution of contracts requiring the ability

27  to lay out, fabricate, install, inspect, alter, repair, and

28  service water sprinkler systems, water spray systems,

29  foam-water sprinkler systems, foam-water spray systems,

30  standpipes, combination standpipes and sprinkler risers, all

31  piping that is an integral part of the system beginning at the


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 1  point of service as defined in this section where the piping

 2  is used exclusively for fire protection, sprinkler tank

 3  heaters, air lines, thermal systems used in connection with

 4  sprinklers, and tanks and pumps connected thereto, excluding

 5  preengineered systems.

 6         (c)  "Contractor III" means a contractor whose business

 7  is limited to the execution of contracts requiring the ability

 8  to lay out, fabricate, install, inspect, alter, repair, and

 9  service CO2 systems, foam extinguishing systems, dry

10  chemical systems, and Halon and other chemical systems,

11  excluding preengineered systems.

12         (d)  "Contractor IV" means a contractor whose business

13  is limited to the execution of contracts requiring the ability

14  to lay out, fabricate, install, inspect, alter, repair, and

15  service automatic fire sprinkler systems for detached

16  one-family dwellings, detached two-family dwellings, and

17  mobile homes, excluding preengineered systems and excluding

18  single-family homes in cluster units, such as apartments,

19  condominiums, and assisted living facilities or any building

20  that is connected to other dwellings.

21         (e)  "Contractor V" means a contractor whose business

22  is limited to the execution of contracts requiring the ability

23  to lay out, fabricate, install, inspect, alter, repair, and

24  service the underground piping for a fire protection system

25  using water as the extinguishing agent beginning at the point

26  of service as defined in this act at which the piping is used

27  exclusively for fire protection and ending no more than 1 foot

28  above the finished floor.

29  

30  The definitions in this subsection must not be construed to

31  include fire protection engineers or architects and do not


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 1  limit or prohibit a licensed fire protection engineer or

 2  architect from designing any type of fire protection system. A

 3  distinction is made between system design concepts prepared by

 4  the design professional and system layout as defined in this

 5  section and typically prepared by the contractor. However,

 6  persons certified as a Contractor I, Contractor II, or

 7  Contractor IV under this chapter may design fire protection

 8  systems of 49 or fewer sprinklers heads, and may design the

 9  alteration of an existing fire sprinkler system if the

10  alteration consists of the relocation, addition, or deletion

11  of not more than 49 sprinklers heads, notwithstanding the size

12  of the existing fire sprinkler system. A Contractor I,

13  Contractor II, or Contractor IV may design a fire protection

14  system the scope of which complies with NFPA 13D, Standard for

15  the Installation of Sprinkler Systems in One- and Two-Family

16  Dwellings and Manufactured Homes, as adopted by the State Fire

17  Marshal, notwithstanding the number of fire sprinklers.

18  Contractor-developed Such plans may not be required by any

19  local permitting authority to be sealed by a registered

20  professional engineer.

21         (14)  "Layout" as used in this chapter means the layout

22  of risers, cross mains, branch lines, sprinkler heads, sizing

23  of pipe, hanger locations, and hydraulic calculations in

24  accordance with the design concepts established through the

25  provisions of the Responsibility Rules adopted by the Board of

26  Professional Engineers s. 553.79(6)(c).

27         (18)  "Point-of-service" means the point at which the

28  underground piping for a fire protection sprinkler system as

29  defined in this section using water as the extinguishing agent

30  becomes used exclusively for the fire protection sprinkler

31  system. The point-of-service is designated by the engineer who


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 1  sealed the plans for a system of 50 or more heads or by the

 2  contractor who designed the plans for a system of 49 or fewer

 3  heads.

 4         Section 23.  Subsection (11) is added to section

 5  633.0215, Florida Statutes, to read:

 6         633.0215  Florida Fire Prevention Code.--

 7         (11)  The design of interior stairways within dwelling

 8  units, including stair tread width and riser height, landings,

 9  handrails, and guards, must be consistent with chapter 10 of

10  the Florida Building Code.

11         Section 24.  Section 633.071, Florida Statutes, is

12  amended to read:

13         633.071  Standard service tag required on all fire

14  extinguishers and preengineered systems; serial number

15  required on all portable fire extinguishers; standard

16  inspection tags required on all fire protection systems.--

17         (1)  The State Fire Marshal shall adopt by rule

18  specifications as to the size, shape, color, and information

19  and data contained thereon of service tags to be attached to

20  all fire extinguishers and preengineered systems required by

21  statute or by rule, whether they be portable, stationary, or

22  on wheels when they are placed in service, installed,

23  serviced, repaired, tested, recharged, or inspected. Fire

24  extinguishers may be tagged only after meeting all standards

25  as set forth by this chapter, the standards of the National

26  Fire Protection Association, and manufacturer's

27  specifications. Preengineered systems may be tagged only after

28  a system has been inspected, serviced, installed, repaired,

29  tested, recharged, and hydrotested in compliance with this

30  chapter, the standards of the National Fire Protection

31  Association, and the manufacturer's specifications, and after


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 1  a report, as specified by rule, has been completed in detail,

 2  indicating any and all deficiencies or deviations from the

 3  manufacturer's specifications and the standards of the

 4  National Fire Protection Association. A copy of the inspection

 5  report shall be provided to the owner at the time of

 6  inspection, and, if a system is found to be in violation of

 7  this chapter, the manufacturer's specifications, or the

 8  standards of the National Fire Protection Association, a copy

 9  shall be forwarded to the state or local authority having

10  jurisdiction within 30 days from the date of service. It shall

11  be unlawful to place in service, service, test, repair,

12  inspect, install, hydrotest, or recharge any fire extinguisher

13  or preengineered system without attaching one of these tags

14  completed in detail, including the actual month work was

15  performed, or to use a tag not meeting the specifications set

16  forth by the State Fire Marshal.

17         (2)  All portable fire extinguishers required by

18  statute or by rule shall be listed by Underwriters

19  Laboratories, Inc., or approved by Factory Mutual

20  Laboratories, Inc., or listed by a nationally recognized

21  testing laboratory in accordance with procedures adopted

22  pursuant to s. 633.083(2), and carry an Underwriters

23  Laboratories, Inc., or manufacturer's serial number.  These

24  listings, approvals, and serial numbers may be stamped on the

25  manufacturer's identification and instructions plate or on a

26  separate Underwriters Laboratories, Inc., or Factory Mutual

27  Laboratories, Inc., plate soldered or attached to the

28  extinguisher shell in some permanent manner.

29         (3)  The State Fire Marshal shall adopt by rule

30  specifications as to the size, shape, color, information, and

31  data contained thereon of inspection tags to be attached to


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 1  all types of fire protection systems and information required

 2  on an inspection report of such an inspection.

 3         Section 25.  Section 633.082, Florida Statutes, is

 4  amended to read:

 5         633.082  Inspection of fire control systems and fire

 6  protection systems.--

 7         (1)  The State Fire Marshal shall have the right to

 8  inspect any fire control system during and after construction

 9  to determine that such system meets the standards set forth in

10  the laws and rules of the state.

11         (2)  Fire protection systems installed in public and

12  private properties, except one-family or two-family dwellings,

13  in this state shall be inspected following procedures

14  established in the nationally recognized inspection, testing,

15  and maintenance standard NFPA-25 as set forth in the edition

16  adopted by the State Fire Marshal. Quarterly, annual, 3-year,

17  and 5-year inspections consistent with the contractual

18  provisions with the owner shall be conducted by the

19  certificateholder or permittees employed by the

20  certificateholder pursuant to s. 633.521.

21         (3)  The inspecting contractor shall provide to the

22  building owner and the local authority having jurisdiction a

23  copy of the inspection report established under s. 633.071(3).

24  The maintenance of fire protection systems as well as

25  corrective actions on deficient systems is the responsibility

26  of the owner of the system or hydrant. This section does not

27  prohibit governmental entities from inspecting and enforcing

28  firesafety codes.

29         Section 26.  Section 633.521, Florida Statutes, is

30  amended to read:

31  


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 1         633.521  Certificate application and issuance; permit

 2  issuance; examination and investigation of applicant.--

 3         (1)  To obtain a certificate, an applicant shall submit

 4  to the State Fire Marshal an application in writing, on a form

 5  provided by the State Fire Marshal containing the information

 6  prescribed, which shall be accompanied by the fee fixed

 7  herein, containing a statement that the applicant desires the

 8  issuance of a certificate and stating the class of certificate

 9  requested.

10         (2)(a)  Examinations shall be administered by the State

11  Fire Marshal and held at times and places within the state as

12  the State Fire Marshal determines, but there shall be at least

13  two examinations a year.  Each applicant shall take and pass

14  an objective, written examination of her or his fitness for a

15  certificate in the class for which the application is

16  requested. There shall be a type of examination for each of

17  the classes of certificates defined in s. 633.021(5).  The

18  examination shall test the applicant's ability to lay out,

19  fabricate, install, alter, repair, and inspect fire protection

20  systems and their appurtenances and shall test the applicant's

21  fitness in business and financial management.  The test shall

22  be based on applicable standards of the National Fire

23  Protection Association and on relevant Florida and federal

24  laws pertaining to the construction industry, safety

25  standards, administrative procedures, and pertinent technical

26  data.

27         (b)  A passing grade on the examination is 70 percent,

28  and such examinations may be developed by an independent

29  professional testing agency. The tests shall be prepared,

30  administered, and scored in compliance with generally accepted

31  professional testing standards.


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 1         (c)  The division shall solicit suggestions from

 2  affected persons regarding the content of examinations.

 3         (d)  A reexamination may not be scheduled sooner than

 4  30 days after any administration of an examination to an

 5  applicant.

 6         (e)  An applicant may not be examined more than four

 7  times during 1 year for certification as a contractor pursuant

 8  to this section unless the person is or has been certified and

 9  is taking the examination to change classifications. If an

10  applicant does not pass one or more parts of the examination,

11  she or he may take any part of the examination three more

12  times during the 1-year period beginning upon the date she or

13  he originally filed an application to take the examination.

14  If the applicant does not pass the examination within that

15  1-year period, she or he must file a new application and pay

16  the application and examination fees in order to take the

17  examination or a part of the examination again.  However, the

18  applicant may not file a new application sooner than 6 months

19  after the date of her or his last examination.

20         (3)  As a prerequisite to taking the examination for

21  certification as a Contractor I, Contractor II, or Contractor

22  III, the applicant must be at least 18 years of age, be of

23  good moral character, and shall possess 4 years' proven

24  experience in the employment of a fire protection system

25  Contractor I, Contractor II, or Contractor III or a

26  combination of equivalent education and experience.  As a

27  prerequisite to taking the examination for certification as a

28  Contractor IV, the applicant shall be at least 18 years old,

29  be of good moral character, and have at least 2 years' proven

30  experience in the employment of a fire protection system

31  Contractor I, Contractor II, Contractor III, or Contractor IV


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 1  or combination of equivalent education and experience which

 2  combination need not include experience in the employment of a

 3  fire protection system contractor.  As a prerequisite to

 4  taking the examination for certification as a Contractor V,

 5  the applicant shall be at least 18 years old, be of good moral

 6  character, and have been licensed as a certified underground

 7  utility and excavation contractor or plumbing contractor

 8  pursuant to chapter 489, have verification by an individual

 9  who is licensed as a certified utility contractor or plumbing

10  contractor pursuant to chapter 489 that the applicant has 4

11  years' proven experience in the employ of a certified

12  underground utility and excavation contractor or plumbing

13  contractor, or have a combination of education and experience

14  equivalent to 4 years' proven experience in the employ of a

15  certified underground utility and excavation contractor or

16  plumbing contractor. Within 30 days after from the date of the

17  examination, the State Fire Marshal shall inform the applicant

18  in writing whether she or he has qualified or not and, if the

19  applicant has qualified, that she or he is ready to issue a

20  certificate of competency, subject to compliance with the

21  requirements of subsection (4).

22         (4)  As a prerequisite to issuance of a certificate,

23  the State Fire Marshal shall require the applicant to submit

24  satisfactory evidence that she or he has obtained insurance

25  providing coverage for comprehensive general liability for

26  bodily injury and property damages, products liability,

27  completed operations, and contractual liability.  The State

28  Fire Marshal may adopt rules providing for the amount of

29  insurance, but such amount shall not be less than $500,000 for

30  a Contractor I, Contractor II, Contractor III, or Contractor V

31  and shall not be less than $250,000 for a Contractor IV.  An


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 1  insurer which provides such coverage shall notify within 30

 2  days the State Fire Marshal of any material change in coverage

 3  or any termination, cancellation, or nonrenewal of such

 4  coverage.  An insurer which fails to so notify the State Fire

 5  Marshal's office shall be subject to the penalties provided

 6  under s. 624.4211.

 7         (5)  Upon satisfaction of the requirements of

 8  subsections (1), (2), (3), and (4), the certificate shall be

 9  issued forthwith.  However, no certificate shall remain in

10  effect if, after issuance, the certificateholder fails to

11  maintain the insurance coverage required by this section.

12         (6)  If an applicant for an original certificate, after

13  having been notified to do so, does not appear for examination

14  or does not pass the examination within 1 year from the date

15  of filing her or his application, the fee paid by the

16  applicant shall be forfeited. New applications for a

17  certificate shall be accompanied by another application fee

18  fixed by this chapter.

19         (7)  The State Fire Marshal may, at any time subsequent

20  to the issuance of the certificate or its renewal, require,

21  upon demand and in no event more than 30 days after notice of

22  the demand, the certificateholder to provide proof of

23  insurance coverage on a form provided by the State Fire

24  Marshal containing confirmation of insurance coverage as

25  required by this chapter. Failure to provide proof of

26  insurance coverage as required, for any length of time, shall

27  result in the immediate suspension of the certificate until

28  proof of insurance is provided to the State Fire Marshal.

29         (8)  An individual employed by a Contractor I or

30  Contractor II certificateholder, as established in this

31  section, who will be inspecting water-based fire protection


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 1  systems as required under s. 633.082, must be issued a permit

 2  by the State Fire Marshal to conduct such work. The permit is

 3  valid solely for use by the holder thereof in his or her

 4  employment by the certificateholder named in the permit. A

 5  permittee must have a valid and subsisting permit upon his or

 6  her person at all times while engaging in inspecting fire

 7  protection systems, and a permitholder must be able to produce

 8  such a permit upon demand. In addition, a permittee shall, at

 9  all times while performing inspections, carry an

10  identification card containing his or her photograph and other

11  identifying information as prescribed by the State Fire

12  Marshal, and the permittee must produce the identification

13  card and information upon demand. The permit and the

14  identification may be one and the same. A permittee is limited

15  as to the specific type of work performed, depending upon the

16  class of certificate held by the certificateholder under whom

17  the permittee is working. The permit class shall be known as a

18  Water-Based Fire Protection Inspector whose permit allows the

19  holder to inspect water sprinkler systems, water spray

20  systems, foam-water sprinkler systems, foam-water spray

21  systems, standpipes, combination standpipes and sprinkler

22  systems, all piping that is an integral part of the system

23  beginning at the point where the piping is used exclusively

24  for fire protection, sprinkler tank heaters, air lines,

25  thermal systems used in connection with sprinklers, and tanks

26  and pumps connected thereto, excluding preengineered systems.

27  

28  It is the intent of the Legislature that the inspections and

29  testing of automatic fire sprinkler systems for detached

30  one-family dwellings, detached two-family dwellings, and

31  mobile homes be accomplished by the owner, who is responsible


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 1  for requesting service from a contractor when necessary. It is

 2  further intended that the NFPA-25 inspection of exposed

 3  underground piping supplying a fire protection system be

 4  conducted by a Contractor I or Contractor II.

 5         (9)  Effective July 1, 2008, the State Fire Marshal

 6  shall require the National Institute of Certification in

 7  Engineering Technologies (NICET), Sub-field of Inspection and

 8  Testing of Fire Protection Systems Level II or equivalent

 9  training and education as determined by the division as proof

10  that the permitholders are knowledgeable about nationally

11  accepted standards for the inspection of fire protection

12  systems. It is the intent of this act, from July 1, 2005,

13  until July 1, 2008, to accept continuing education of all

14  certificateholders' employees who perform inspection functions

15  which specifically prepares the permitholder to qualify for

16  NICET II certification.

17         Section 27.  Section 633.524, Florida Statutes, is

18  amended to read:

19         633.524  Certificate and permit fees; use and deposit

20  of collected funds.--

21         (1)  The initial application fee for each class of

22  certificate shall be $300. The biennial renewal fee for each

23  class of certificate shall be $150 $250. The initial

24  application fee for the permit classification shall be $100.

25  The biennial renewal fee for the permit classification shall

26  be $50. The fee for certificates issued as duplicates or to

27  reflect a change of address is $15 shall be $5 each. The fee

28  for each examination or reexamination for each class of

29  certificate scheduled shall be $100.

30         (2)  All moneys collected by the State Fire Marshal

31  pursuant to this chapter are hereby appropriated for the use


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 1  of the State Fire Marshal in the administration of this

 2  chapter and shall be deposited in the Insurance Regulatory

 3  Trust Fund.

 4         Section 28.  Subsection (4) is added to section

 5  633.537, Florida Statutes, to read:

 6         633.537  Certificate; expiration; renewal; inactive

 7  certificate; continuing education.--

 8         (4)  The renewal period for the permit class is the

 9  same as that of the employing certificateholder. The

10  continuing education requirements for permitholders shall be 8

11  contact hours by June 30, 2006. An additional 16 contact hours

12  of continuing education is required by June 30, 2008, and

13  during each biennial renewal period thereafter. The continuing

14  education curriculum from July 1, 2005, until July 1, 2008,

15  shall be the preparatory curriculum for NICET II

16  certification; after July 1, 2008, the technical curriculum is

17  at the discretion of the State Fire Marshal. It is the

18  responsibility of the permitholder to maintain NICET II

19  certification as a condition of permit renewal after July 1,

20  2008.

21         Section 29.  Subsection (2) of section 633.539, Florida

22  Statutes, is amended to read:

23         633.539  Requirements for installation, inspection, and

24  maintenance of fire protection systems.--

25         (2)  Equipment shall be inspected, serviced, and

26  maintained in accordance with the manufacturer's maintenance

27  procedures and with applicable National Fire Protection

28  Association standards. The inspection of fire protection

29  systems shall be conducted by a certificateholder or holder of

30  a permit issued by the State Fire Marshal. The permitholder

31  may perform inspections on fire protection systems only while


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 1  employed by the certificateholder. This section does not

 2  prohibit the authority having jurisdiction or insurance

 3  company representatives from reviewing the system in

 4  accordance with acceptable oversight standards.

 5         (3)  For contracts written after June 30, 2005, the

 6  contractor who installs the underground from the point of

 7  service is responsible for completing the installation to the

 8  aboveground connection flange, which by definition in this

 9  chapter is no more than 1 foot above the finished floor,

10  before completing the Contractor's Material and Test

11  Certificate for Underground Piping document. Aboveground

12  contractors may not complete the Contractor's Material and

13  Test Certificate for Underground Piping document for

14  underground piping or portions thereof which have been

15  installed by others.

16         (4)  The Contractor V may install the cross-connection

17  backflow prevention device as defined in this chapter on new

18  installations. The retrofitting of a backflow device on an

19  existing fire protection system will cause a reduction in

20  available water pressure and probable system malfunction. The

21  development of aboveground fire protection system hydraulic

22  calculations is a task of the Contractor I and II, as defined

23  in this chapter. Accordingly, a Contractor V is expressly

24  prohibited from retrofitting cross-connection backflow

25  prevention devices on an existing fire protection system, and

26  only a Contractor I or Contractor II who is tasked to

27  recalculate the system and take corrective actions to ensure

28  that the system will function with the available water supply

29  may retroactively install these backflow devices on existing

30  fire protection systems.

31  


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 1         Section 30.  Section 633.547, Florida Statutes, is

 2  amended to read:

 3         633.547  Disciplinary action; fire protection system

 4  contractors; grounds for denial, nonrenewal, suspension, or

 5  revocation of certificate or permit.--

 6         (1)  The State Fire Marshal shall investigate the

 7  alleged illegal action of any fire protection system

 8  contractor or permittee certified under this chapter and hold

 9  hearings pursuant to chapter 120.

10         (2)  The following acts constitute cause for

11  disciplinary action:

12         (a)  Violation of any provision of this chapter or of

13  any rule adopted pursuant thereto.

14         (b)  Violation of the applicable building codes or laws

15  of this state or any municipality or county thereof.

16         (c)  Diversion of funds or property received for

17  prosecution or completion of a specified construction project

18  or operation when, as a result of the diversion, the

19  contractor is, or will be, unable to fulfill the terms of her

20  or his obligation or contract.

21         (d)  Disciplinary action by any municipality or county,

22  which action shall be reviewed by the State Fire Marshal

23  before taking any disciplinary action.

24         (e)  Failure to supervise the installation of the fire

25  protection system covered by the building permit signed by the

26  contractor.

27         (f)  Rendering a fire protection system, standpipe

28  system, or underground water supply main connecting to the

29  system inoperative except when the fire protection system,

30  standpipe system, or underground water supply main is being

31  


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 1  inspected, serviced, tested, or repaired, or except pursuant

 2  to court order.

 3         (g)  Improperly servicing, repairing, testing, or

 4  inspecting a fire protection, standpipe system, or underground

 5  water supply main connecting to the system.

 6         (h)  Failing to provide proof of insurance to the State

 7  Fire Marshal or failing to maintain in force the insurance

 8  coverage required by s. 633.521.

 9         (i)  Failing to obtain, retain, or maintain one or more

10  of the qualifications for a certificate as specified in this

11  chapter.

12         (j)  Making a material misstatement, misrepresentation,

13  or committing a fraud in obtaining or attempting to obtain a

14  certificate.

15         (k)  Failing to notify the State Fire Marshal, in

16  writing, within 30 days after a change of residence address,

17  principal business address, or name.

18         (3)  The State Fire Marshal is authorized to take the

19  following disciplinary action:

20         (a)  She or he may suspend the certificateholder for a

21  period not to exceed 2 years from all operations as a

22  contractor during the period fixed by the State Fire Marshal,

23  but she or he may permit the certificateholder to complete any

24  contracts then incomplete.

25         (b)  She or he may revoke a certificate for a period

26  not to exceed 5 years.

27         (4)  During the suspension or revocation of the

28  certificate, the former certificateholder shall not engage in

29  or attempt to profess to engage in any transaction or business

30  for which a certificate is required under this chapter or

31  directly or indirectly own, control, or be employed in any


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 1  manner by any firm or corporation for which a certificate

 2  under this chapter is required. The department shall not, so

 3  long as the revocation or suspension remains in effect, grant

 4  any new certificate for the establishment of any new firm,

 5  business, or corporation of any person that has or will have

 6  the same or similar management, ownership, control, or

 7  employees or that will use a same or similar name as a

 8  previously revoked or suspended firm, business, or

 9  corporation.

10         (5)  The State Fire Marshal may deny, suspend, or

11  revoke the certificate of:

12         (a)  Any person, firm, or corporation the certificate

13  of which under this chapter has been suspended or revoked.

14         (b)  Any firm or corporation if an officer, director,

15  stockholder, owner, or person interested directly or

16  indirectly has had his or her certificate under this chapter

17  suspended or revoked.

18         (c)  Any person who is or has been an officer,

19  director, stockholder, or owner of a firm or corporation, or

20  who was interested directly or indirectly in a corporation,

21  the certificate of which has been suspended or revoked under

22  this chapter.

23         (6)  The lapse or suspension of a certificate by

24  operation of law or by order of the State Fire Marshal or a

25  court or its voluntary surrender by a certificateholder does

26  not deprive the State Fire Marshal of jurisdiction to

27  investigate or act in disciplinary proceedings against the

28  certificateholder.

29         (7)  The filing of a petition in bankruptcy, either

30  voluntary or involuntary, or the making of a composition of

31  creditors or the appointment of a receiver for the business of


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 1  the certificateholder may be considered by the State Fire

 2  Marshal as just cause for suspension of a certificate.

 3         Section 31.  Subsection (4) is added to section

 4  633.702, Florida Statutes, to read:

 5         633.702  Prohibited acts regarding alarm system

 6  contractors or certified unlimited electrical contractors;

 7  penalties.--

 8         (4)  It is a misdemeanor of the first degree,

 9  punishable as provided in s. 775.082 or s. 775.083, for any

10  person to intentionally or willfully install, service, test,

11  repair, improve, or inspect a fire alarm system unless;

12         (a)  The person is the holder of a valid and current

13  active license as a certified unlimited electrical contractor,

14  as defined in part II of chapter 489;

15         (b)  The person is the holder of a valid and current

16  active license as a licensed fire alarm contractor, as defined

17  in part II of chapter 489;

18         (c)  The person is authorized to act as a fire alarm

19  system agent under s. 489.5185; or

20         (d)  The person is exempt under s. 489.503.

21         Section 32.  Upon the creation of chapter 515, Florida

22  Statutes, the intent of the Legislature was that any swimming

23  pool exit alarm that complied with Underwriters Laboratories

24  Standard Number 2017 be a permissive alternative to comply

25  with the swimming pool safety provisions in chapter 515. The

26  Florida Building Commission shall amend the Florida Building

27  Code to accurately reflect this intent. Notwithstanding

28  section 553.73, Florida Statutes, the commission is required

29  only to follow the rule adoption procedures of chapter 120,

30  Florida Statutes, to comply herewith and must complete

31  rulemaking before November 1, 2005. Upon publication of the


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 1  applicable Notice of Rule Development in the Florida

 2  Administrative Weekly, any alarm that complies with the

 3  Underwriters Laboratories 2017 shall be allowed.

 4         Section 33.  Because of the water intrusion experienced

 5  during the recent hurricanes, the Florida Building Commission

 6  shall integrate standards pertaining to ventless attic spaces

 7  as adopted by the International Code Council into the Florida

 8  Building Code. Section 553.73, Florida Statutes,

 9  notwithstanding, the commission is authorized to adopt

10  amendments to the Florida Building Code, 2004 edition, to

11  integrate the provisions subject only to the rule adoption

12  procedures contained in chapter 120, Florida Statutes. The

13  commission must adopt the provisions into the code no later

14  than November 1, 2005.

15         Section 34.  The Florida Building Commission shall

16  consider how to address the issue of water intrusion and

17  roof-covering-attachment weaknesses experienced in recent

18  hurricanes. Section 553.73, Florida Statutes, notwithstanding,

19  the commission may adopt amendments to the Florida Building

20  Code, 2004 edition, to incorporate consensus-based provisions

21  addressing water intrusion and roof-covering attachment,

22  subject only to the rule-adoption procedures in chapter 120,

23  Florida Statutes.

24         Section 35.  (1)  Within 10 days of an applicant

25  submitting an application to the local government, the local

26  government shall advise the applicant what information, if

27  any, is needed to deem the application properly completed in

28  compliance with the filing requirements published by the local

29  government. If the local government does not provide written

30  notice that the applicant has not submitted the properly

31  completed application, the application shall be automatically


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 1  deemed properly completed and accepted. Within 45 days after

 2  receiving a completed application, a local government must

 3  notify an applicant if additional information is required for

 4  the local government to determine the sufficiency of the

 5  application, and shall specify the additional information that

 6  is required. The applicant must submit the additional

 7  information to the local government or request that the local

 8  government act without the additional information. While the

 9  applicant responds to the request for additional information,

10  the 120-day period described in subsection (2) is tolled.

11  Both parties may agree to a reasonable request for an

12  extension of time, particularly in the event of a force major

13  or other extraordinary circumstance. The local government must

14  approve, approve with conditions, or deny the application

15  within 120 days following receipt of a completed application.

16         (2)  The procedures set forth in subsection (1) apply

17  to the following building permit applications: accessory

18  structure; alarm permit; nonresidential buildings less than

19  25,000 square feet; electric; irrigation permit; landscaping;

20  mechanical; plumbing; residential units other than a single

21  family unit; multifamily residential not exceeding 50 units;

22  roofing; signs; site-plan approvals and subdivision plats not

23  requiring public hearings or public notice; and lot grading

24  and site alteration associated with the permit application set

25  forth in this subparagraph. The procedures set forth in

26  subsection (1) do not apply to permits for any wireless

27  communications facilities or when a law, agency rule, or local

28  ordinance specify different timeframes for review of local

29  building permit applications.

30         Section 36.  Notwithstanding subsection (3) of section

31  109, chapter 2000-141, Laws of Florida, when the Florida


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 1  Building Commission updates the Florida Building Code, the

 2  commission shall adopt, pursuant to section 553.73, Florida

 3  Statutes, as wind protection requirements for areas of the

 4  state not within the high velocity hurricane zone, the most

 5  current edition of the wind protection requirements of the

 6  American Society of Civil Engineers, Standard 7, as

 7  implemented by the International Building Code. This section

 8  is intended to explicitly supersede only the first sentence of

 9  subsection (3) of section 109, chapter 2000-141, Laws of

10  Florida.

11         Section 37.  Notwithstanding any other provision of

12  this act, the option for designing for internal pressure for

13  buildings within the windborne debris region shall be repealed

14  immediately upon adoption of standards and conditions within

15  the International Building Code or International Residential

16  Code prohibiting such design option.  The Florida Building

17  Commission shall initiate rulemaking to incorporate such

18  standards and conditions prohibiting designing for internal

19  pressure for buildings into the Florida Building Code when the

20  base code is updated.

21         Section 38.  The Legislature appropriates $200,000 from

22  the Insurance Regulatory Trust Fund to the Department of

23  Financial Services to be used to develop a joint program

24  between the Florida Insurance Council and the Florida Home

25  Builders Association to educate contractors on the benefits

26  and options available for designing buildings for windborne

27  debris protection and to develop a standardized affidavit to

28  be used for verifying the insurance discounts for residential

29  construction techniques demonstrated to reduce the amount of

30  loss during a windstorm.

31  


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 1         Section 39.  The Florida Building Commission, in

 2  conjunction with local building officials, shall conduct a

 3  review of damage resulting from Hurricane Ivan and any other

 4  data to evaluate, and to make recommendations to the

 5  Legislature for any changes to, Florida's Building Code,

 6  specifically as it applies to the region from the eastern

 7  border of Franklin County to the Florida-Alabama line. The

 8  commission shall issue a report summarizing its findings and

 9  recommendations prior to the 2006 Regular Session.

10         Section 40.  Notwithstanding any other provision of law

11  to the contrary, the effective date of the Florida Building

12  Code, 2004 Edition, shall be October 1, 2005. After July 1,

13  2005, a design professional who has been preparing

14  construction documents for a project in anticipation of the

15  Florida Building Code, 2004 edition, as adopted pursuant to

16  Rule 9B-3.047, Florida Administrative Code, and adoption

17  proceedings before the commission may choose to have such

18  project governed by the 2004 edition of the Florida Building

19  Code.

20         Section 41.  The Florida Building Commission shall

21  evaluate the definition of "exposure category C" as currently

22  defined in section 553.71(10), Florida Statutes, and make

23  recommendations for a new definition that more accurately

24  depicts Florida-specific conditions prior to the 2006 Regular

25  Session.

26         Section 42.  Section 553.851, Florida Statutes, is

27  repealed.

28         Section 43.  Present subsection (19) of section

29  489.103, Florida Statutes, is amended and redesignated as

30  subsection (20), and new subsections (19) and (21) are added

31  to that section, to read:


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 1         489.103  Exemptions.--This part does not apply to:

 2         (19)  A disaster recovery mitigation organization or a

 3  not-for-profit organization repairing or replacing a

 4  one-family, two-family, or three-family residence that has

 5  been impacted by a disaster when such organization:

 6         (a)  Is using volunteer labor to assist the owner of

 7  such residence in mitigating unsafe living conditions at the

 8  residence;

 9         (b)  Is not holding itself out to be a contractor;

10         (c)  Obtains all required building permits;

11         (d)  Obtains all required building code inspections;

12  and

13         (e)  Provides for the supervision of all work by an

14  individual with construction experience.

15         (20)(19)  The sale, delivery, assembly, or tie-down of

16  prefabricated portable sheds that are not more than 250 square

17  feet in interior size and are not intended for use as a

18  residence or as living quarters. This exemption may not be

19  construed to interfere with the Florida Building Code or any

20  applicable local technical amendment to the Florida Building

21  Code, local licensure requirements, or other local ordinance

22  provisions.

23         (21)  The sale, delivery, assembly, or tie-down of lawn

24  storage buildings and storage buildings not exceeding 400

25  square feet and bearing the insignia of approval from the

26  Department of Community Affairs showing compliance with the

27  Florida Building Code.

28         Section 44.  The Florida Building Commission shall

29  amend the Florida Building Code, 2004 edition, to allow use of

30  enclosed and unenclosed areas under mezzanines for the purpose

31  of calculating the permissible size of mezzanines in


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 1  sprinklered S2 occupancies of Type III construction. The

 2  permissible use, as conditioned in this section, of enclosed

 3  and unenclosed space under mezzanines for the purpose of

 4  calculating mezzanine size shall be retroactive to the

 5  effective date of the 2001 Florida Building Code.

 6         Section 45.  The Florida Building Commission shall

 7  convene a workgroup composed of at least 10 stakeholders in

 8  the state system of product approval, which may include a

 9  maximum of three members of the commission to ensure diverse

10  input. The workgroup shall study the recommendation that the

11  state be served by a single validation entity for state

12  approval, which study shall include, but not be limited to,

13  the recommendation's feasibility, qualifications of the single

14  entity and its staff, costs charged for validation, time

15  standards for validation, means to challenge the validator's

16  determination, and duration of the contract with the

17  validator. The workgroup shall conduct its proceedings in an

18  open forum subject to comment from the public at each meeting.

19         Section 46.  The Florida Building Commission shall

20  modify Table 1014.1 of the Florida Building Code, 2004

21  edition, to include R2 and R3 occupancies in the maximum

22  occupancy load of 50, and convert R occupancy to R1 and R4

23  occupancies in the maximum occupancy load of 10. The

24  commission shall also amend Section 1014.1.2 of the Florida

25  Building Code, 2004 edition, to add Exception 3, to read: "In

26  R1 and R2 occupancies, the distance between exits stipulated

27  by Section 1004.1.4 is not applicable to common nonlooped exit

28  access corridors in a building that has corridor doors from

29  the guest room or guest suite or dwelling unit which are

30  arranged so that the exits are located in opposite directions

31  from such doors.


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 1         Section 47.  (1)  There is created the Manufactured

 2  Housing Regulatory Study Commission. The study commission

 3  shall be composed of 11 members who shall be appointed as

 4  follows:

 5         (a)  Four members appointed by the Florida Manufactured

 6  Housing Association, one member representing publicly owned

 7  manufacturers of manufactured housing, one member representing

 8  privately owned manufacturers of manufactured housing, and two

 9  members who are retail sellers of manufactured housing, one of

10  whom must also sell residential manufactured buildings

11  approved by the Department of Community Affairs.

12         (b)  Two members from the Senate, appointed by the

13  President of the Senate.

14         (c)  Two members from the House of Representatives,

15  appointed by the Speaker of the House of Representatives.

16         (d)  The secretary of the Department of Community

17  Affairs or the secretary's designee.

18         (e)  The executive director of the Department of

19  Highway Safety and Motor Vehicles or the director's designee.

20         (f)  The commissioner of the Department of Agriculture

21  and Consumer Services or the commissioner's designee.

22  

23  The commission members representing the departments of

24  Community Affairs, Highway Safety and Motor Vehicles, and

25  Agriculture and Consumer Services shall serve as ex officio,

26  nonvoting members of the study commission.

27         (2)  The study commission shall review the programs

28  regulating manufactured and mobile homes which are currently

29  located at the Department of Highway Safety and Motor Vehicles

30  and must include a review of the following programs and

31  activities:


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 1         (a)  The federal construction and inspection programs.

 2         (b)  The installation program, including the regulation

 3  and inspection functions.

 4         (c)  The Mobile Home and RV Protection Trust Fund.

 5         (d)  The licensing of manufacturers, retailers, and

 6  installers of manufactured and mobile homes.

 7         (e)  The titling of manufactured and mobile homes.

 8         (f)  Dispute resolution.

 9  

10  During the course of the study, the study commission must

11  review the sources funding the programs to determine if the

12  manufactured and mobile home programs are or can be

13  self-sustaining.  The study commission shall also consider the

14  impact that changes in regulation may have on the industry and

15  its consumers.

16         (3)  The study commission shall be administratively

17  supported by the staff of the transportation committees of the

18  Senate and the House of Representatives.

19         (4)(a)  The study commission must hold its initial

20  meeting no later than August 15, 2005, in Tallahassee. Staff

21  to the commission shall schedule and organize the initial

22  meeting. Subsequent meetings of the study commission must be

23  held in Tallahassee according to a schedule developed by the

24  chair.

25         (b)  At the initial meeting, the study commission shall

26  elect a chair from one of the elected official members.

27         (5)  The study commission must submit a final report

28  setting forth its findings and recommendations to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives on or before January 1, 2006.

31  


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 1         (6)  Members of the study commission shall serve

 2  without compensation, but are entitled to be reimbursed for

 3  per diem and travel expenses under section 112.061, Florida

 4  Statutes.

 5         (7)  The study commission terminates after submitting

 6  its final report but not later than February 15, 2006.

 7         Section 48.  The Florida Building Commission shall

 8  review Modifications 569 and 570 adopted by the commission on

 9  October 14, 2003, and take public comment regarding those

10  provisions. The commission shall receive public comment

11  regarding the cost related to compliance with amendments, the

12  capability of industry to supply products necessary for

13  compliance and the benefit of the modifications to the health,

14  safety, and welfare of the citizens of this state.

15  Notwithstanding section 553.73, Florida Statutes, the

16  commission may repeal or modify the modifications in response

17  to the public comments subject only to the rule adoption

18  procedures of chapter 120, Florida Statutes. Modifications 569

19  and 570 may not take effect until the commission has completed

20  the review required or rulemaking initiated in response to

21  such review, whichever is later, and sections 2304.7(3) and

22  (5) of the International Building Code (2003), shall govern

23  construction in this state until that time.

24         Section 49.  This act shall take effect July 1, 2005,

25  except for section 1 of this act, which shall take effect July

26  1, 2006.

27  

28  

29  

30  

31  


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