HB 0621

1	A bill to be entitled
2	An act relating to building safety; amending s. 553.37,
3	F.S.; providing for the approval, delivery, and
4	installation of lawn storage buildings and storage sheds;
5	amending s. 553.73, F.S.; specifying certain codes from
6	the International Code Congress and the International Code
7	Council as foundation codes for the updated Florida
8	Building Code; providing requirements for amendments to
9	the foundation codes; providing for the incorporation of
10	certain statements, decisions, and amendments into the
11	Florida Building Code; providing a timeframe for rule
12	updates to the Florida Building Code to become effective;
13	adding a requirement for technical amendments to the
14	Florida Building Code; providing requirements for the
15	Florida Building Commission in reviewing code amendments;
16	providing an exception; amending s. 553.74, F.S.; revising
17	the appointment of members to the Florida Building
18	Commission; amending s. 553.77, F.S.; revising duties of
19	the Florida Building Commission; deleting requirements
20	that the commission hear certain appeals and issue
21	declaratory statements; creating s. 553.775, F.S.;
22	providing legislative intent with respect to the
23	interpretation of the Florida Building Code; providing for
24	the commission to resolve disputes regarding
25	interpretations of the code; requiring the commission to
26	review decisions of local building officials and local
27	enforcement agencies; providing for publication of an
28	interpretation on the Building Code Information System and
29	in the Florida Administrative Weekly; amending s. 553.79,
30	F.S.; exempting truss-placement plans from certain
31	requirements; amending s. 553.791, F.S.; providing
32	conditions for use of private plans review and inspection;
33	conforming cross-references; amending s. 553.80, F.S.;
34	authorizing local governments to impose certain fees for
35	code enforcement; providing requirements and limitations;
36	conforming a cross-reference; requiring the commission to
37	expedite adoption and implementation of the existing state
38	building code as part of the Florida Building Code
39	pursuant to limited procedures; amending s. 120.80, F.S.;
40	authorizing the Florida Building Commission to conduct
41	proceedings to review decisions of local officials;
42	amending s. 553.841, F.S.; revising provisions governing
43	the Building Code Training Program; amending s. 553.842,
44	F.S.; providing for products to be approved for statewide
45	use; deleting an obsolete date; deleting a provision
46	requiring the commission to adopt certain criteria for
47	local program verification and validation by rule;
48	providing for validation of certain products by inspection
49	of the certification mark or listing; adding an evaluation
50	entity to the list of entities specifically approved by
51	the commission; deleting a requirement that the commission
52	establish a schedule for adopting rules relating to
53	product approvals under certain circumstances; amending s.
54	633.702, F.S.; providing a criminal penalty for
55	installing, servicing, testing, repairing, improving, or
56	inspecting a fire alarm system without being in compliance
57	with s. 489.5185, F.S., relating to training; providing an
58	effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Subsection (3) of section 553.37, Florida
63	Statutes, is amended to read:
64	553.37  Rules; inspections; and insignia.--
65	(3)  All manufactured buildings issued and bearing insignia
66	of approval pursuant to subsection (2) shall be deemed to comply
67	with the Florida Building Code and are exempt from local
68	amendments enacted by any local government. Lawn storage
69	buildings and storage sheds bearing the insignia of approval of
70	the department may be delivered and installed without need of a
71	contractor's license or specialty license.
72	Section 2.  Paragraph (c) of subsection (4), subsection
73	(6), and paragraphs (a) and (c) of subsection (7) of section
74	553.73, Florida Statutes, are amended to read:
75	553.73  Florida Building Code.--
76	(4)
77	(c)  Any amendment adopted by a local enforcing agency
78	pursuant to this subsection shall not apply to state or school
79	district owned buildings, manufactured buildings or factory-
80	built school buildings approved by the commission, or prototype
81	buildings approved pursuant to s. 553.77(3)(5). The respective
82	responsible entities shall consider the physical performance
83	parameters substantiating such amendments when designing,
84	specifying, and constructing such exempt buildings.
85	(6)(a)  The commission, by rule adopted pursuant to ss.
86	120.536(1) and 120.54, shall update the Florida Building Code
87	every 3 years. When updating the Florida Building Code, the
88	commission shall select the most current version of the
89	International Building Code, the International Fuel Gas Code,
90	the International Mechanical Code, the International Plumbing
91	Code, the International Residential Code, the International Code
92	Council Electrical Code, all of which are adopted by the
93	International Code Congress, to form the foundation codes of the
94	updated Florida Building Code, if the version has been adopted
95	by the International Code Congress and made available to the
96	public at least 6 months prior to its selection by the
97	commission.
98	(b)  The commission may modify any portion of the
99	foundation codes only as needed to accommodate the specific
100	needs of this state. Standards or criteria referenced by such
101	codes shall be incorporated by reference. If a referenced
102	standard or criterion requires amplification or modification to
103	be appropriate for use in this state, only the amplification or
104	modification shall be set forth in the Florida Building Code.
105	The commission may approve technical amendments to the updated
106	Florida Building Code after the amendments have been subject to
107	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
108	the foundation codes which are adopted in accordance with this
109	subsection shall be clearly marked in printed versions of the
110	Florida Building Code so that the fact that the provisions are
111	Florida-specific amendments to the foundation codes is readily
112	apparent. consider changes made by the adopting entity of any
113	selected model code for any model code incorporated into the
114	Florida Building Code, and may subsequently adopt the new
115	edition or successor of the model code or any part of such code,
116	no sooner than 6 months after such model code has been adopted
117	by the adopting organization, which may then be modified for
118	this state as provided in this section, and
119	(c)  The commission shall further consider the commission's
120	own interpretations, declaratory statements, appellate
121	decisions, and approved statewide and local technical amendments
122	and shall incorporate such interpretations, statements,
123	decisions, and amendments into the updated Florida Building Code
124	only to the extent that they are needed to modify the foundation
125	codes to accommodate the specific needs of the state. A change
126	made by an institute or standards organization to any standard
127	or criterion that is adopted by reference in the Florida
128	Building Code does not become effective statewide until it has
129	been adopted by the commission. Furthermore, the edition of the
130	Florida Building Code which is in effect on the date of
131	application for any permit authorized by the code governs the
132	permitted work for the life of the permit and any extension
133	granted to the permit.
134	(d)  A rule updating the Florida Building Code in
135	accordance with this subsection shall take effect no sooner than
136	6 months after completion of the rule adoption process. Any
137	amendment to the Florida Building Code which is adopted upon a
138	finding by the commission that the amendment is necessary to
139	protect the public from immediate threat of harm takes effect
140	immediately.
141	(7)(a)  The commission may approve technical amendments to
142	the Florida Building Code once each year for statewide or
143	regional application upon a finding that the amendment:
144	1.  Is needed in order to accommodate the specific needs of
145	this state.
146	2.1.  Has a reasonable and substantial connection with the
147	health, safety, and welfare of the general public.
148	3.2.  Strengthens or improves the Florida Building Code, or
149	in the case of innovation or new technology, will provide
150	equivalent or better products or methods or systems of
151	construction.
152	4.3.  Does not discriminate against materials, products,
153	methods, or systems of construction of demonstrated
154	capabilities.
155	5.4.  Does not degrade the effectiveness of the Florida
156	Building Code.
157
158	Furthermore, the Florida Building Commission may approve
159	technical amendments to the code once each year to incorporate
160	into the Florida Building Code its own interpretations of the
161	code which are embodied in its opinions, final orders, and
162	declaratory statements, and interpretations of hearing officer
163	panels under s. 553.775(3)(c), but shall do so only to the
164	extent that incorporation of interpretations is needed to modify
165	the foundation codes to accommodate the specific needs of this
166	state. Amendments approved under this paragraph shall be adopted
167	by rule pursuant to ss. 120.536(1) and 120.54, after the
168	amendments have been subjected to the provisions of subsection
169	(3).
170	(c)  The commission may not approve any proposed amendment
171	that does not accurately and completely address all requirements
172	for amendment which are set forth in this section. The
173	commission shall require all proposed amendments and information
174	submitted with proposed amendments to be reviewed by commission
175	staff prior to consideration by any technical advisory
176	committee. These reviews shall be for sufficiency only and are
177	not intended to be qualitative in nature. Staff members shall
178	reject any proposed amendment that fails to include a fiscal
179	impact statement providing information responsive to all
180	criteria identified. Proposed amendments rejected by members of
181	the staff may not be considered by the commission or any
182	technical advisory committee. Notwithstanding the provisions of
183	this paragraph, within 60 days after the adoption by the
184	International Code Council of permitted standards and conditions
185	for unvented conditioned attic assemblies in the International
186	Residential Code, the commission shall initiate rulemaking to
187	incorporate such permitted standards and conditions in the
188	Florida Building Code.
189	Section 3.  Subsection (1) of section 553.74, Florida
190	Statutes, is amended to read:
191	553.74  Florida Building Commission.--
192	(1)  The Florida Building Commission is created and shall
193	be located within the Department of Community Affairs for
194	administrative purposes. Members shall be appointed by the
195	Governor subject to confirmation by the Senate. The Governor
196	shall appoint commission members from lists of candidates
197	submitted by the respective professional organizations or may
198	appoint any other person otherwise qualified according to this
199	section. The commission shall be composed of 23 members,
200	consisting of the following:
201	(a)  One architect registered to practice in this state and
202	actively engaged in the profession from a list of three
203	candidates provided by the American Institute of Architecture,
204	Florida Section.
205	(b)  One structural engineer registered to practice in this
206	state and actively engaged in the profession from a list of
207	three candidates provided by the Florida Engineering Society.
208	(c)  One air-conditioning or mechanical contractor
209	certified to do business in this state and actively engaged in
210	the profession from a list of three candidates provided by the
211	Florida Air Conditioning Contractors Association and the Florida
212	Refrigeration and Air Conditioning Contractors Association.
213	(d)  One electrical contractor certified to do business in
214	this state and actively engaged in the profession from a list of
215	three candidates provided by the Florida Association of
216	Electrical Contractors.
217	(e)  One member from fire protection engineering or
218	technology who is actively engaged in the profession from a list
219	of three candidates provided by the Florida Fire Protection
220	Engineers Society, the Fire Marshals and Inspectors Association,
221	and the Florida Fire Chiefs Association.
222	(f)  One general contractor certified to do business in
223	this state and actively engaged in the profession from a list of
224	three candidates provided by the Associated Builders and
225	Contractors of Florida and the Florida Associated General
226	Contractors Council.
227	(g)  One plumbing contractor licensed to do business in
228	this state and actively engaged in the profession from a list of
229	three candidates provided by the Florida Association of
230	Plumbing, Heating, and Cooling Contractors.
231	(h)  One roofing or sheet metal contractor certified to do
232	business in this state and actively engaged in the profession
233	from a list of three candidates provided by the Florida Roofing,
234	Sheet Metal, and Air Conditioning Contractors Association.
235	(i)  One residential contractor licensed to do business in
236	this state and actively engaged in the profession from a list of
237	three candidates provided by the Florida Home Builders
238	Association.
239	(j)  Three members who are municipal or district codes
240	enforcement officials, two of whom shall be from a list of four
241	candidates provided by the Building Officials Association of
242	Florida and one of whom is also a fire official from a list of
243	three candidates provided by the Florida Fire Marshals and
244	Inspectors Association.
245	(k)  One member who represents the Department of Financial
246	Services.
247	(l)  One member who is a county codes enforcement official
248	from a list of three candidates provided by the Building
249	Officials Association of Florida.
250	(m)  One member of a Florida-based organization of persons
251	with disabilities or a nationally chartered organization of
252	persons with disabilities with chapters in this state.
253	(n)  One member of the manufactured buildings industry who
254	is licensed to do business in this state and is actively engaged
255	in the industry from a list of three candidates provided by the
256	Florida Manufactured Housing Association.
257	(o)  One mechanical or electrical engineer registered to
258	practice in this state and actively engaged in the profession
259	from a list of three candidates provided by the Florida
260	Engineering Society.
261	(p)  One member who is a representative of a municipality
262	or a charter county from a list of three candidates provided by
263	the Florida League of Cities and the Florida Association of
264	Counties.
265	(q)  One member of the building products manufacturing
266	industry who is authorized to do business in this state and is
267	actively engaged in the industry from a list of three candidates
268	provided by the Florida Building Materials Association, the
269	Florida Concrete and Products Association, and the Fenestration
270	Manufacturers Association.
271	(r)  One member who is a representative of the building
272	owners and managers industry who is actively engaged in
273	commercial building ownership or management from a list of three
274	candidates provided by the Building Owners and Managers
275	Association.
276	(s)  One member who is a representative of the insurance
277	industry from a list of three candidates provided by the Florida
278	Insurance Council.
279	(t)  One member who is a representative of public
280	education.
281	(u)  One member who shall be the chair.
282
283	Any person serving on the commission under paragraph (c) or
284	paragraph (h) on October 1, 2005 2003, and who has served less
285	than two full terms is eligible for reappointment to the
286	commission regardless of whether he or she meets the new
287	qualification.
288	Section 4.  Section 553.77, Florida Statutes, is amended to
289	read:
290	553.77  Specific powers of the commission.--
291	(1)  The commission shall:
292	(a)  Adopt and update the Florida Building Code or
293	amendments thereto, pursuant to ss. 120.536(1) and 120.54.
294	(b)  Make a continual study of the operation of the Florida
295	Building Code and other laws relating to the design,
296	construction, erection, alteration, modification, repair, or
297	demolition of public or private buildings, structures, and
298	facilities, including manufactured buildings, and code
299	enforcement, to ascertain their effect upon the cost of building
300	construction and determine the effectiveness of their
301	provisions. Upon updating the Florida Building Code every 3
302	years, the commission shall review existing provisions of law
303	and make recommendations to the Legislature for the next regular
304	session of the Legislature regarding provisions of law that
305	should be revised or repealed to ensure consistency with the
306	Florida Building Code at the point the update goes into effect.
307	State agencies and local jurisdictions shall provide such
308	information as requested by the commission for evaluation of and
309	recommendations for improving the effectiveness of the system of
310	building code laws for reporting to the Legislature annually.
311	Failure to comply with this or other requirements of this act
312	must be reported to the Legislature for further action. Any
313	proposed legislation providing for the revision or repeal of
314	existing laws and rules relating to technical requirements
315	applicable to building structures or facilities should expressly
316	state that such legislation is not intended to imply any repeal
317	or sunset of existing general or special laws governing any
318	special district that are not specifically identified in the
319	legislation.
320	(c)  Upon written application by any substantially affected
321	person or a local enforcement agency, issue declaratory
322	statements pursuant to s. 120.565 relating to new technologies,
323	techniques, and materials which have been tested where necessary
324	and found to meet the objectives of the Florida Building Code.
325	This paragraph does not apply to the types of products,
326	materials, devices, or methods of construction required to be
327	approved under paragraph (f) (i).
328	(d)  Upon written application by any substantially affected
329	person, state agency, or a local enforcement agency, issue
330	declaratory statements pursuant to s. 120.565 relating to the
331	enforcement or administration by local governments of the
332	Florida Building Code. Paragraph (h) provides the exclusive
333	remedy for addressing local interpretations of the code.
334	(e)  When requested in writing by any substantially
335	affected person, state agency, or a local enforcing agency,
336	shall issue declaratory statements pursuant to s. 120.565
337	relating to this part and ss. 515.25, 515.27, 515.29, and
338	515.37. Actions of the commission are subject to judicial review
339	pursuant to s. 120.68.
340	(d)(f)  Make recommendations to, and provide assistance
341	upon the request of, the Florida Commission on Human Relations
342	regarding rules relating to accessibility for persons with
343	disabilities.
344	(e)(g)  Participate with the Florida Fire Code Advisory
345	Council created under s. 633.72, to provide assistance and
346	recommendations relating to firesafety code interpretations. The
347	administrative staff of the commission shall attend meetings of
348	the Florida Fire Code Advisory Council and coordinate efforts to
349	provide consistency between the Florida Building Code and the
350	Florida Fire Prevention Code and the Life Safety Code.
351	(h)  Hear appeals of the decisions of local boards of
352	appeal regarding interpretation decisions of local building
353	officials, or if no local board exists, hear appeals of
354	decisions of the building officials regarding interpretations of
355	the code. For such appeals:
356	1.  Local decisions declaring structures to be unsafe and
357	subject to repair or demolition shall not be appealable to the
358	commission if the local governing body finds there is an
359	immediate danger to the health and safety of its citizens.
360	2.  All appeals shall be heard in the county of the
361	jurisdiction defending the appeal.
362	3.  Hearings shall be conducted pursuant to chapter 120 and
363	the uniform rules of procedure, and decisions of the commission
364	are subject to judicial review pursuant to s. 120.68.
365	(f)(i)  Determine the types of products which may be
366	approved by the commission requiring approval for local or
367	statewide use and shall provide for the evaluation and approval
368	of such products, materials, devices, and method of construction
369	for statewide use. The commission may prescribe by rule a
370	schedule of reasonable fees to provide for evaluation and
371	approval of products, materials, devices, and methods of
372	construction. Evaluation and approval shall be by action of the
373	commission or delegated pursuant to s. 553.842. This paragraph
374	does not apply to products approved by the State Fire Marshal.
375	(g)(j)  Appoint experts, consultants, technical advisers,
376	and advisory committees for assistance and recommendations
377	relating to the major areas addressed in the Florida Building
378	Code.
379	(h)(k)  Establish and maintain a mutual aid program,
380	organized through the department, to provide an efficient supply
381	of various levels of code enforcement personnel, design
382	professionals, commercial property owners, and construction
383	industry individuals, to assist in the rebuilding effort in an
384	area which has been hit with disaster. The program shall include
385	provisions for:
386	1.  Minimum postdisaster structural, electrical, and
387	plumbing inspections and procedures.
388	2.  Emergency permitting and inspection procedures.
389	3.  Establishing contact with emergency management
390	personnel and other state and federal agencies.
391	(i)(l)  Maintain a list of interested parties for noticing
392	rulemaking workshops and hearings, disseminating information on
393	code adoption, revisions, amendments, and all other such actions
394	which are the responsibility of the commission.
395	(j)(m)  Coordinate with the state and local governments,
396	industry, and other affected stakeholders in the examination of
397	legislative provisions and make recommendations to fulfill the
398	responsibility to develop a consistent, single code.
399	(k)(n)  Provide technical assistance to local building
400	departments in order to implement policies, procedures, and
401	practices which would produce the most cost-effective property
402	insurance ratings.
403	(l)(o)  Develop recommendations for local governments to
404	use when pursuing partial or full privatization of building
405	department functions. The recommendations shall include, but not
406	be limited to, provisions relating to equivalency of service,
407	conflict of interest, requirements for competency, liability,
408	insurance, and long-term accountability.
409	(2)  Upon written application by any substantially affected
410	person, the commission shall issue a declaratory statement
411	pursuant to s. 120.565 relating to a state agency's
412	interpretation and enforcement of the specific provisions of the
413	Florida Building Code the agency is authorized to enforce. The
414	provisions of this subsection shall not be construed to provide
415	any powers, other than advisory, to the commission with respect
416	to any decision of the State Fire Marshal made pursuant to the
417	provisions of chapter 633.
418	(3)  The commission may designate a commission member with
419	demonstrated expertise in interpreting building plans to attend
420	each meeting of the advisory council created in s. 553.512. The
421	commission member may vary from meeting to meeting, shall serve
422	on the council in a nonvoting capacity, and shall receive per
423	diem and expenses as provided in s. 553.74(3).
424	(2)(4)  For educational and public information purposes,
425	the commission shall develop and publish an informational and
426	explanatory document which contains descriptions of the roles
427	and responsibilities of the licensed design professional,
428	residential designer, contractor, and local building and fire
429	code officials. The State Fire Marshal shall be responsible for
430	developing and specifying roles and responsibilities for fire
431	code officials. Such document may also contain descriptions of
432	roles and responsibilities of other participants involved in the
433	building codes system.
434	(3)(5)  The commission may provide by rule for plans review
435	and approval of prototype buildings owned by public and private
436	entities to be replicated throughout the state. The rule must
437	allow for review and approval of plans for prototype buildings
438	to be performed by a public or private entity with oversight by
439	the commission. The department may charge reasonable fees to
440	cover the administrative costs of the program. Such approved
441	plans or prototype buildings shall be exempt from further review
442	required by s. 553.79(2), except changes to the prototype
443	design, site plans, and other site-related items. As provided in
444	s. 553.73, prototype buildings are exempt from any locally
445	adopted amendment to any part of the Florida Building Code.
446	Construction or erection of such prototype buildings is subject
447	to local permitting and inspections pursuant to this part.
448	(4)(6)  The commission may produce and distribute a
449	commentary document to accompany the Florida Building Code. The
450	commentary must be limited in effect to providing technical
451	assistance and must not have the effect of binding
452	interpretations of the code document itself.
453	(7)  The commission shall by rule establish an informal
454	process of rendering nonbinding interpretations of the Florida
455	Building Code. The commission is specifically authorized to
456	refer interpretive issues to organizations that represent those
457	engaged in the construction industry. The commission is directed
458	to immediately implement the process prior to the completion of
459	formal rulemaking. It is the intent of the Legislature that the
460	commission create a process to refer questions to a small,
461	rotating group of individuals licensed under part XII of chapter
462	468, to which a party can pose questions regarding the
463	interpretation of code provisions. It is the intent of the
464	Legislature that the process provide for the expeditious
465	resolution of the issues presented and publication of the
466	resulting interpretation on the Building Code Information
467	System. Such interpretations are to be advisory only and
468	nonbinding on the parties or the commission.
469	Section 5.  Section 553.775, Florida Statutes, is created
470	to read:
471	553.775  Interpretations.--
472	(1)  It is the intent of the Legislature that the Florida
473	Building Code be interpreted by building officials, local
474	enforcement agencies, and the commission in a manner that
475	protects the public safety, health, and welfare at the most
476	reasonable cost to the consumer by ensuring uniform
477	interpretations throughout the state and by providing processes
478	for resolving disputes regarding interpretations of the Florida
479	Building Code which are just and expeditious.
480	(2)  Local enforcement agencies, local building officials,
481	state agencies, and the commission shall interpret provisions of
482	the Florida Building Code in a manner that is consistent with
483	declaratory statements and interpretations entered by the
484	commission, except that conflicts between the Florida Fire
485	Prevention Code and the Florida Building Code shall be resolved
486	in accordance with s. 553.73(9)(c) and (d).
487	(3)  The following procedures may be invoked regarding
488	interpretations of the Florida Building Code:
489	(a)  Upon written application by any substantially affected
490	person or state agency or by a local enforcement agency, the
491	commission shall issue declaratory statements pursuant to s.
492	120.565 relating to the enforcement or administration by local
493	governments of the Florida Building Code.
494	(b)  When requested in writing by any substantially
495	affected person or state agency or by a local enforcement
496	agency, the commission shall issue a declaratory statement
497	pursuant to s. 120.565 relating to this part and ss. 515.27,
498	515.29, and 515.37. Actions of the commission are subject to
499	judicial review under s. 120.68.
500	(c)  The commission shall review decisions of local
501	building officials and local enforcement agencies regarding
502	interpretations of the Florida Building Code after the local
503	board of appeals has considered the decision, if such board
504	exists, and if such appeals process is concluded within 10
505	business days.
506	1.  The commission shall coordinate with the Building
507	Officials Association of Florida, Inc., to designate panels
508	composed of five members to hear requests to review decisions of
509	local building officials. The members must be licensed as
510	building code administrators under part XII of chapter 468 and
511	must have experience interpreting and enforcing provisions of
512	the Florida Building Code.
513	2.  Requests to review a decision of a local building
514	official interpreting provisions of the Florida Building Code
515	may be initiated by any substantially affected person, including
516	an owner or builder subject to a decision of a local building
517	official or an association of owners or builders having members
518	who are subject to a decision of a local building official. In
519	order to initiate review, the substantially affected person must
520	file a petition with the commission. The commission shall adopt
521	a form for the petition, which shall be published on the
522	Building Code Information System. The form shall, at a minimum,
523	require the following:
524	a.  The name and address of the petitioner in the county or
525	municipality in which provisions of the Florida Building Code
526	are being interpreted.
527	b.  The name and address of the local building official who
528	has made the interpretation being appealed.
529	c.  The name, address, and telephone number of the
530	petitioner; the name, address, and telephone number of the
531	petitioner's representative, if any; and an explanation of how
532	the petitioner's substantial interests are being affected by the
533	local interpretation of the Florida Building Code.
534	d.  A statement of the provisions of the Florida Building
535	Code which are being interpreted by the local building official.
536	e.  A statement of the interpretation given to provisions
537	of the Florida Building Code by the local building official and
538	the manner in which the interpretation was rendered.
539	f.  A statement of the interpretation that the petitioner
540	contends should be given to the provisions of the Florida
541	Building Code and a statement supporting the petitioner's
542	interpretation.
543	g.  Space for the local building official to respond in
544	writing. The space shall, at a minimum, require the local
545	building official to respond by providing a statement admitting
546	or denying the statements contained in the petition and a
547	statement of the interpretation of the provisions of the Florida
548	Building Code which the local jurisdiction or the local building
549	official contends is correct, including the basis for the
550	interpretation.
551	3.  The petitioner shall submit the petition to the local
552	building official, who shall place the date of receipt on the
553	petition. The local building official shall respond to the
554	petition in accordance with the form and shall return the
555	petition along with his or her response to the petitioner within
556	5 days after receipt, exclusive of Saturdays, Sundays, and legal
557	holidays. The petitioner may file the petition with the
558	commission at any time after the local building official
559	provides a response. If no response is provided by the local
560	building official, the petitioner may file the petition with the
561	commission 10 days after submission of the petition to the local
562	building official and shall note that the local building
563	official did not respond.
564	4.  Upon receipt of a petition that meets the requirements
565	of subparagraph 2., the commission shall immediately provide
566	copies of the petition to a panel, and the commission shall
567	publish the petition, including any response submitted by the
568	local building official, on the Building Code Information System
569	in a manner that allows interested persons to address the issues
570	by posting comments.
571	5.  The panel shall conduct proceedings as necessary to
572	resolve the issues; shall give due regard to the petitions, the
573	response, and to comments posed on the Building Code Information
574	System; and shall issue an interpretation regarding the
575	provisions of the Florida Building Code within 21 days after the
576	filing of the petition. The panel shall render a determination
577	based upon the Florida Building Code or, if the code is
578	ambiguous, the intent of the code. The panel's interpretation
579	shall be provided to the commission, which shall publish the
580	interpretation on the Building Code Information System and in
581	the Florida Administrative Weekly. The interpretation shall be
582	considered an interpretation entered by the commission, and
583	shall be binding upon the parties and upon all jurisdictions
584	subject to the Florida Building Code, unless it is superseded by
585	a declaratory statement issued by the commission or by a final
586	order entered after an appeal proceeding conducted in accordance
587	with subparagraph 7.
588	6.  It is the intent of the Legislature that review
589	proceedings be completed within 21 days after the date that a
590	petition seeking review is filed with the commission, and the
591	time periods set forth in this paragraph may be waived only upon
592	consent of all parties.
593	7.  Any substantially affected person may appeal an
594	interpretation rendered by a hearing officer panel by filing a
595	petition with the commission. Such appeals shall be initiated in
596	accordance with chapter 120 and the uniform rules of procedure
597	and must be filed within 30 days after publication of the
598	interpretation on the Building Code Information System or in the
599	Florida Administrative Weekly. Hearings shall be conducted
600	pursuant to chapter 120 and the uniform rules of procedure.
601	Decisions of the commission are subject to judicial review
602	pursuant to s. 120.68. The final order of the commission is
603	binding upon the parties and upon all jurisdictions subject to
604	the Florida Building Code.
605	8.  The burden of proof in any proceeding initiated in
606	accordance with subparagraph 7. is on the party who initiated
607	the appeal.
608	9.  In any review proceeding initiated in accordance with
609	this paragraph, including any proceeding initiated in accordance
610	with subparagraph 7., the fact that an owner or builder has
611	proceeded with construction may not be grounds for determining
612	an issue to be moot if the issue is one that is likely to arise
613	in the future.
614
615	This paragraph provides the exclusive remedy for addressing
616	requests to review local interpretations of the code and appeals
617	from review proceedings.
618	(d)  Local decisions declaring structures to be unsafe and
619	subject to repair or demolition are not subject to review under
620	this subsection and may not be appealed to the commission if the
621	local governing body finds that there is an immediate danger to
622	the health and safety of the public.
623	(e)  Upon written application by any substantially affected
624	person, the commission shall issue a declaratory statement
625	pursuant to s. 120.565 relating to an agency's interpretation
626	and enforcement of the specific provisions of the Florida
627	Building Code which the agency is authorized to enforce. This
628	subsection does not provide any powers, other than advisory, to
629	the commission with respect to any decision of the State Fire
630	Marshal made pursuant to chapter 633.
631	(f)  The commission may designate a commission member who
632	has demonstrated expertise in interpreting building plans to
633	attend each meeting of the advisory council created in s.
634	553.512. The commission member may vary from meeting to meeting,
635	shall serve on the council in a nonvoting capacity, and shall
636	receive per diem and expenses as provided in s. 553.74(3).
637	(g)  The commission shall by rule establish an informal
638	process of rendering nonbinding interpretations of the Florida
639	Building Code. The commission is specifically authorized to
640	refer interpretive issues to organizations that represent those
641	engaged in the construction industry. The commission shall
642	immediately implement the process before completing formal
643	rulemaking. It is the intent of the Legislature that the
644	commission create a process to refer questions to a small,
645	rotating group of individuals licensed under part XII of chapter
646	468, to which a party may pose questions regarding the
647	interpretation of code provisions. It is the intent of the
648	Legislature that the process provide for the expeditious
649	resolution of the issues presented and publication of the
650	resulting interpretation on the Building Code Information
651	System. Such interpretations shall be advisory only and
652	nonbinding on the parties and the commission.
653	Section 6.  Subsection (14) of section 553.79, Florida
654	Statutes, is amended to read:
655	553.79  Permits; applications; issuance; inspections.--
656	(14)  Certifications by contractors authorized under the
657	provisions of s. 489.115(4)(b) shall be considered equivalent to
658	sealed plans and specifications by a person licensed under
659	chapter 471 or chapter 481 by local enforcement agencies for
660	plans review for permitting purposes relating to compliance with
661	the wind resistance provisions of the code or alternate
662	methodologies approved by the commission for one and two family
663	dwellings. Local enforcement agencies may rely upon such
664	certification by contractors that the plans and specifications
665	submitted conform to the requirements of the code for wind
666	resistance. Upon good cause shown, local government code
667	enforcement agencies may accept or reject plans sealed by
668	persons licensed under chapter 471, chapter 481, or chapter 489.
669	A truss-placement plan is not required to be signed and sealed
670	by an engineer or architect unless prepared by an engineer or
671	architect or specifically required by the Florida Building Code.
672	Section 7.  Subsections (2) and (4), paragraph (a) of
673	subsection (6), subsection (11), paragraphs (b) and (c) of
674	subsection (12), and subsections (14) and (15) of section
675	553.791, Florida Statutes, are amended to read:
676	553.791  Alternative plans review and inspection.--
677	(2)  Notwithstanding any other provision of law or local
678	government ordinance or local policy to the contrary, the fee
679	owner of a building, or the fee owner's contractor upon written
680	authorization from the fee owner, may choose to use a private
681	provider to provide building code inspection services with
682	regard to such building and may make payment directly to the
683	private provider for the provision of such services. All such
684	services shall be the subject of a written contract between the
685	private provider, or the private provider's firm, and the fee
686	owner. The fee owner may elect to use a private provider to
687	provide either plans review or required building inspections.
688	The local building official, in his or her discretion and
689	pursuant to duly adopted policies of the local enforcement
690	agency, may require the fee owner who desires to use a private
691	provider to use the private provider to provide both plans
692	review and required building inspection services.
693	(4)  A fee owner or the fee owner's contractor using a
694	private provider to provide building code inspection services
695	shall notify the local building official at the time of permit
696	application or no less than 1 week prior to a private provider's
697	providing building code inspection services on a form to be
698	adopted by the commission. This notice shall include the
699	following information:
700	(a)  The services to be performed by the private provider.
701	(b)  The name, firm, address, telephone number, and
702	facsimile number of each private provider who is performing or
703	will perform such services, his or her professional license or
704	certification number, qualification statements or resumes, and,
705	if required by the local building official, a certificate of
706	insurance demonstrating that professional liability insurance
707	coverage is in place for the private provider's firm, the
708	private provider, and any duly authorized representative in the
709	amounts required by this section.
710	(c)  An acknowledgment from the fee owner in substantially
711	the following form:
712
713	I have elected to use one or more private providers to provide
714	building code plans review and/or inspection services on the
715	building that is the subject of the enclosed permit application,
716	as authorized by s. 553.791, Florida Statutes. I understand that
717	the local building official may not review the plans submitted
718	or perform the required building inspections to determine
719	compliance with the applicable codes, except to the extent
720	specified in said law. Instead, plans review and/or required
721	building inspections will be performed by licensed or certified
722	personnel identified in the application. The law requires
723	minimum insurance requirements for such personnel, but I
724	understand that I may require more insurance to protect my
725	interests. By executing this form, I acknowledge that I have
726	made inquiry regarding the competence of the licensed or
727	certified personnel and the level of their insurance and am
728	satisfied that my interests are adequately protected. I agree to
729	indemnify, defend, and hold harmless the local government, the
730	local building official, and their building code enforcement
731	personnel from any and all claims arising from my use of these
732	licensed or certified personnel to perform building code
733	inspection services with respect to the building that is the
734	subject of the enclosed permit application.
735
736	If the fee owner or the fee owner's contractor makes any changes
737	to the listed private providers or the services to be provided
738	by those private providers, the fee owner or the fee owner's
739	contractor shall, within 1 business day after any change, update
740	the notice to reflect such changes.
741	(6)(a)  No more than Within 30 business days after receipt
742	of a permit application and the affidavit from the private
743	provider required pursuant to subsection (5), the local building
744	official shall issue the requested permit or provide a written
745	notice to the permit applicant identifying the specific plan
746	features that do not comply with the applicable codes, as well
747	as the specific code chapters and sections. If the local
748	building official does not provide a written notice of the plan
749	deficiencies within the prescribed 30-day period, the permit
750	application shall be deemed approved as a matter of law, and the
751	permit shall be issued by the local building official on the
752	next business day.
753	(11)  No more than Within 2 business days after receipt of
754	a request for a certificate of occupancy or certificate of
755	completion and the applicant's presentation of a certificate of
756	compliance and approval of all other government approvals
757	required by law, the local building official shall issue the
758	certificate of occupancy or certificate of completion or provide
759	a notice to the applicant identifying the specific deficiencies,
760	as well as the specific code chapters and sections. If the local
761	building official does not provide notice of the deficiencies
762	within the prescribed 2-day period, the request for a
763	certificate of occupancy or certificate of completion shall be
764	deemed granted and the certificate of occupancy or certificate
765	of completion shall be issued by the local building official on
766	the next business day. To resolve any identified deficiencies,
767	the applicant may elect to dispute the deficiencies pursuant to
768	subsection (12) or to submit a corrected request for a
769	certificate of occupancy or certificate of completion.
770	(12)  If the local building official determines that the
771	building construction or plans do not comply with the applicable
772	codes, the official may deny the permit or request for a
773	certificate of occupancy or certificate of completion, as
774	appropriate, or may issue a stop-work order for the project or
775	any portion thereof, if the official determines that such
776	noncompliance poses a threat to public safety and welfare,
777	subject to the following:
778	(b)  If the local building official and private provider
779	are unable to resolve the dispute, the matter shall be referred
780	to the local enforcement agency's board of appeals, if one
781	exists, which shall consider the matter at its next scheduled
782	meeting or sooner. Any decisions by the local enforcement
783	agency's board of appeals, or local building official if there
784	is no board of appeals, may be appealed to the commission
785	pursuant to s. 553.775 553.77(1)(h).
786	(c)  Notwithstanding any provision of this section, any
787	decisions regarding the issuance of a building permit,
788	certificate of occupancy, or certificate of completion may be
789	reviewed by the local enforcement agency's board of appeals, if
790	one exists. Any decision by the local enforcement agency's board
791	of appeals, or local building official if there is no board of
792	appeals, may be appealed to the commission pursuant to s.
793	553.775 553.77(1)(h), which shall consider the matter at the
794	commission's next scheduled meeting.
795	(14)  No local enforcement agency, local building official,
796	or local government may adopt or enforce any laws, rules,
797	procedures, policies, or standards more stringent than those
798	prescribed by this section.
799	(15)  A private provider may perform building code
800	inspection services under this section only if the private
801	provider maintains insurance for professional and comprehensive
802	general liability with minimum policy limits of $1 million per
803	occurrence covering relating to all services performed as a
804	private provider. If the private provider chooses to secure
805	claims-made coverage to fulfill this requirement, the private
806	provider must also maintain, including tail coverage for a
807	minimum of 5 years subsequent to the performance of building
808	code inspection services. Occurrence-based coverage may not be
809	subject to any tail coverage requirement.
810	Section 8.  Paragraph (d) of subsection (1) of section
811	553.80, Florida Statutes, is amended, and subsection (7) is
812	added to that section, to read:
813	553.80  Enforcement.--
814	(1)  Except as provided in paragraphs (a)-(f), each local
815	government and each legally constituted enforcement district
816	with statutory authority shall regulate building construction
817	and, where authorized in the state agency's enabling
818	legislation, each state agency shall enforce the Florida
819	Building Code required by this part on all public or private
820	buildings, structures, and facilities, unless such
821	responsibility has been delegated to another unit of government
822	pursuant to s. 553.79(9).
823	(d)  Building plans approved pursuant to s. 553.77(3)(5)
824	and state-approved manufactured buildings, including buildings
825	manufactured and assembled offsite and not intended for
826	habitation, such as lawn storage buildings and storage sheds,
827	are exempt from local code enforcing agency plan reviews except
828	for provisions of the code relating to erection, assembly, or
829	construction at the site. Erection, assembly, and construction
830	at the site are subject to local permitting and inspections.
831
832	The governing bodies of local governments may provide a schedule
833	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
834	section, for the enforcement of the provisions of this part.
835	Such fees shall be used solely for carrying out the local
836	government's responsibilities in enforcing the Florida Building
837	Code. The authority of state enforcing agencies to set fees for
838	enforcement shall be derived from authority existing on July 1,
839	1998. However, nothing contained in this subsection shall
840	operate to limit such agencies from adjusting their fee schedule
841	in conformance with existing authority.
842	(7)  The governing bodies of local governments may provide
843	a schedule of reasonable fees, as authorized by s. 125.56(2) or
844	s. 166.222 and this section, for enforcing this part. These
845	fees, and any fines or investment earnings related to the fees,
846	shall be used solely for carrying out the local government's
847	responsibilities in enforcing the Florida Building Code. When
848	providing a schedule of reasonable fees, the total estimated
849	annual revenue derived from fees, and the fines and investment
850	earnings related to the fees, may not exceed the total estimated
851	annual costs of allowable activities. Any unexpended balances
852	shall be carried forward to future years for allowable
853	activities or shall be refunded at the discretion of the local
854	government. The basis for a fee structure for allowable
855	activities shall relate to the level of service provided by the
856	local government. Fees charged shall be consistently applied.
857	(a)  As used in this subsection, the phrase "enforcing the
858	Florida Building Code" includes the direct costs and reasonable
859	indirect costs associated with review of building plans,
860	building inspections, reinspections, building permit processing,
861	and building code enforcement. The phrase may also include
862	training costs associated with the enforcement of the Florida
863	Building Code and enforcement action pertaining to unlicensed
864	contractor activity to the extent not funded by other user fees.
865	(b)  The following activities may not be funded with fees
866	adopted for enforcing the Florida Building Code:
867	1.  Planning and zoning or other general government
868	activities.
869	2.  Inspections of public buildings for a reduced fee or no
870	fee.
871	3.  Public information requests, community functions,
872	boards, and any program not directly related to enforcement of
873	the Florida Building Code.
874	4.  Enforcement and implementation of any other local
875	ordinance, excluding validly adopted local amendments to the
876	Florida Building Code and excluding any local ordinance directly
877	related to enforcing the Florida Building Code as defined in
878	paragraph (a).
879	(c)  A local government shall use recognized management,
880	accounting, and oversight practices to ensure that fees, fines,
881	and investment earnings generated under this subsection are
882	maintained and allocated or used solely for the purposes
883	described in paragraph (a).
884	Section 9.  The Florida Building Commission shall expedite
885	the adoption and implementation of the State Existing Building
886	Code as part of the Florida Building Code pursuant only to the
887	provisions of chapter 120, Florida Statutes. The special update
888	and amendment requirements of s. 553.73, Florida Statutes, and
889	the administrative rule requiring additional delay time between
890	adoption and implementation of such code are waived.
891	Section 10.  Paragraph (c) is added to subsection (17) of
892	section 120.80, Florida Statutes, to read:
893	120.80  Exceptions and special requirements; agencies.--
894	(17)  FLORIDA BUILDING COMMISSION.--
895	(c)  Notwithstanding ss. 120.565, 120.569, and 120.57, the
896	Florida Building Commission and hearing officer panels appointed
897	by the commission in accordance with s. 553.775(3)(c)1. may
898	conduct proceedings to review decisions of local building code
899	officials in accordance with s. 553.775(3)(c).
900	Section 11.  Section 553.841, Florida Statutes, is amended
901	to read:
902	553.841  Building Code Training Program; participant
903	competency requirements.--
904	(1)  The Legislature finds that the effectiveness of the
905	building codes of this state depends on the performance of all
906	participants, as demonstrated through knowledge of the codes and
907	commitment to compliance with code directives and that to
908	strengthen compliance by industry and enforcement by government,
909	a Building Code Training Program is needed.
910	(1)(2)  The commission shall establish by rule the Building
911	Code Training Program to develop and provide a core curriculum
912	and offer voluntary accreditation of advance module courses
913	relating to the Florida Building Code and its enforcement a
914	system of administering and enforcing the Florida Building Code.
915	(3)  The program shall be developed, implemented, and
916	administered by the commission in consultation with the
917	Department of Education, the Department of Community Affairs,
918	the Department of Business and Professional Regulation, the
919	State Fire Marshal, the State University System, and the
920	Division of Community Colleges.
921	(4)  The commission may enter into contracts with the
922	Department of Education, the State University System, the
923	Division of Community Colleges, model code organizations,
924	professional organizations, career centers, trade organizations,
925	and private industry to administer the program.
926	(2)(5)  The program shall be affordable, accessible,
927	meaningful, financially self-sufficient and shall make maximum
928	use of existing sources, systems, institutions, and programs
929	available through private sources.
930	(3)(6)  The commission, in coordination with the Department
931	of Community Affairs, the Department of Business and
932	Professional Regulation, the respective licensing boards, and
933	the State Fire Marshal shall develop or cause to be developed:
934	(a)  a core curriculum that the professional licensing
935	boards may designate as a which is prerequisite to initial
936	licensure for those licensees not subject to testing on the
937	Florida Building Code as a condition of licensure. These
938	entities shall also identify subject areas that are inadequately
939	addressed by specialized and advanced courses all specialized
940	and advanced module coursework.
941	(b)  A set of specialized and advanced modules specifically
942	designed for use by each profession.
943	(4)(7)  The core curriculum shall cover the information
944	required to have all categories of participants appropriately
945	informed as to their technical and administrative
946	responsibilities in the effective execution of the code process
947	by all individuals currently licensed under part XII of chapter
948	468, chapter 471, chapter 481, or chapter 489, except as
949	otherwise provided in s. 471.017. The core curriculum shall be
950	prerequisite to the advanced module coursework for all licensees
951	and shall be completed by individuals licensed in all categories
952	under part XII of chapter 468, chapter 471, chapter 481, or
953	chapter 489 by the date of license renewal in 2005 within the
954	first 2-year period after establishment of the program. All
955	approved courses Core course hours taken by licensees pursuant
956	to this section to complete this requirement shall count toward
957	fulfillment of required continuing education units under part
958	XII of chapter 468, chapter 471, chapter 481, or chapter 489.
959	(8)  The commission, in consultation with the Department of
960	Business and Professional Regulation and the respective
961	licensing boards, shall develop or cause to be developed an
962	equivalency test for each category of licensee. Such test may be
963	taken in lieu of the core curriculum. A passing score on the
964	test shall be equivalent to completion of the core curriculum
965	and shall be credited toward the required number of hours of
966	continuing education.
967	(5)(9)  The commission, in consultation with the Department
968	of Business and Professional Regulation, shall develop or cause
969	to be developed, or approve as a part of the program,
970	appropriate courses a core curriculum and specialized or
971	advanced module coursework for the construction workforce,
972	including, but not limited to, superintendents and journeymen.
973	(6)(10)  The respective state boards under part XII of
974	chapter 468, chapters 471, 481, and 489, and the State Fire
975	Marshal under chapter 633, shall require specialized or advanced
976	course modules as part of their regular continuing education
977	requirements. Courses approved by the Department of Business and
978	Professional Regulation as required by their respective practice
979	acts and chapter 455 shall be deemed approved by the Florida
980	Building Commission.
981	(7)(11)  The Legislature hereby establishes the Office of
982	Building Code Training Program Administration within the
983	Institute of Applied Technology in Construction Excellence at
984	the Florida Community College at Jacksonville. The office is
985	charged with the following responsibilities as recommended by
986	the Florida Building Commission and as resources are provided by
987	the Legislature:
988	(a)  Provide research-to-practice capability for entry-
989	level construction training development, delivery and quality
990	assurance, as well as training and competency registry systems
991	and recruitment initiatives.
992	(b)  Coordinate with the Department of Community Affairs
993	and the Florida Building Commission to serve as school liaison
994	to disseminate construction awareness and promotion programs and
995	materials to schools.
996	(c)  Develop model programs and approaches to construction
997	career exploration to promote construction careers.
998	Section 12.  Subsections (3), (4), (5), (6), (7), (8),
999	paragraph (a) of subsection (9), and subsection (16) of section
1000	553.842, Florida Statutes, are amended to read:
1001	553.842  Product evaluation and approval.--
1002	(3)  Products or methods or systems of construction that
1003	require approval under s. 553.77, that have standardized testing
1004	or comparative or rational analysis methods established by the
1005	code, and that are certified by an approved product evaluation
1006	entity, testing laboratory, or certification agency as complying
1007	with the standards specified by the code shall be approved for
1008	local or statewide use. Products required to be approved for
1009	statewide use shall be approved by one of the methods
1010	established in subsection (6) without further evaluation.
1011	(4)  By October 1, 2003, Products or methods or systems of
1012	construction requiring approval under s. 553.77 must be approved
1013	by one of the methods established in subsection (5) or
1014	subsection (6) before their use in construction in this state.
1015	Products may be approved either by the commission for statewide
1016	use, or by a local building department for use in that
1017	department's jurisdiction only. Notwithstanding a local
1018	government's authority to amend the Florida Building Code as
1019	provided in this act, statewide approval shall preclude local
1020	jurisdictions from requiring further testing, evaluation, or
1021	submission of other evidence as a condition of using the product
1022	so long as the product is being used consistent with the
1023	conditions of its approval.
1024	(5)  Local approval of products or methods or systems of
1025	construction may be achieved by the local building official
1026	through building plans review and inspection to determine that
1027	the product, method, or system of construction complies with the
1028	prescriptive standards established in the code. Alternatively,
1029	local approval may be achieved by one of the methods established
1030	in subsection (6).
1031	(6)  Statewide or local approval of products, methods, or
1032	systems of construction may be achieved by one of the following
1033	methods. One of these methods must be used by local officials or
1034	the commission to approve the following categories of products:
1035	panel walls, exterior doors, roofing, skylights, windows,
1036	shutters, and structural components as established by the
1037	commission by rule.
1038	(a)  Products for which the code establishes standardized
1039	testing or comparative or rational analysis methods shall be
1040	approved by submittal and validation of one of the following
1041	reports or listings indicating that the product or method or
1042	system of construction was evaluated to be in compliance with
1043	the Florida Building Code and that the product or method or
1044	system of construction is, for the purpose intended, at least
1045	equivalent to that required by the Florida Building Code:
1046	1.  A certification mark or listing of an approved
1047	certification agency;
1048	2.  A test report from an approved testing laboratory;
1049	3.  A product evaluation report based upon testing or
1050	comparative or rational analysis, or a combination thereof, from
1051	an approved product evaluation entity; or
1052	4.  A product evaluation report based upon testing or
1053	comparative or rational analysis, or a combination thereof,
1054	developed and signed and sealed by a professional engineer or
1055	architect, licensed in this state.
1056
1057	A product evaluation report or a certification mark or listing
1058	of an approved certification agency which demonstrates that the
1059	product or method or system of construction complies with the
1060	Florida Building Code for the purpose intended shall be
1061	equivalent to a test report and test procedure as referenced in
1062	the Florida Building Code.
1063	(b)  Products, methods, or systems of construction for
1064	which there are no specific standardized testing or comparative
1065	or rational analysis methods established in the code may be
1066	approved by submittal and validation of one of the following:
1067	1.  A product evaluation report based upon testing or
1068	comparative or rational analysis, or a combination thereof, from
1069	an approved product evaluation entity indicating that the
1070	product or method or system of construction was evaluated to be
1071	in compliance with the intent of the Florida Building Code and
1072	that the product or method or system of construction is, for the
1073	purpose intended, at least equivalent to that required by the
1074	Florida Building Code; or
1075	2.  A product evaluation report based upon testing or
1076	comparative or rational analysis, or a combination thereof,
1077	developed and signed and sealed by a professional engineer or
1078	architect, licensed in this state, who certifies that the
1079	product or method or system of construction is, for the purpose
1080	intended, at least equivalent to that required by the Florida
1081	Building Code.
1082	(7)  The commission shall ensure that product manufacturers
1083	that obtain statewide product approval operate quality assurance
1084	programs for all approved products. The commission shall adopt
1085	by rule criteria for operation of the quality assurance
1086	programs.
1087	(8)  For local approvals, validation shall be performed by
1088	the local building official. The commission shall adopt by rule
1089	criteria constituting complete validation by the local official,
1090	including, but not limited to, criteria governing verification
1091	of a quality assurance program. For state approvals, validation
1092	shall be performed by validation entities approved by the
1093	commission. The commission shall adopt by rule criteria for
1094	approval of validation entities, which shall be third-party
1095	entities independent of the product's manufacturer and which
1096	shall certify to the commission the product's compliance with
1097	the code. Products bearing a certification mark or listing from
1098	an approved certification agency shall be validated by
1099	inspection of the certification mark or listing.
1100	(9)  The commission may adopt rules to approve the
1101	following types of entities that produce information on which
1102	product approvals are based. All of the following entities,
1103	including engineers and architects, must comply with a
1104	nationally recognized standard demonstrating independence or no
1105	conflict of interest:
1106	(a)  Evaluation entities that meet the criteria for
1107	approval adopted by the commission by rule. The commission shall
1108	specifically approve the National Evaluation Service, the
1109	International Conference of Building Officials Evaluation
1110	Services, the International Code Council Evaluation Services,
1111	the Building Officials and Code Administrators International
1112	Evaluation Services, the Southern Building Code Congress
1113	International Evaluation Services, and the Miami-Dade County
1114	Building Code Compliance Office Product Control. Architects and
1115	engineers licensed in this state are also approved to conduct
1116	product evaluations as provided in subsection (6).
1117	(16)  The commission shall establish a schedule for
1118	adoption of the rules required in this section to ensure that
1119	the product manufacturing industry has sufficient time to revise
1120	products to meet the requirements for approval and submit them
1121	for testing or evaluation before the system takes effect on
1122	October 1, 2003, and to ensure that the availability of
1123	statewide approval is not delayed.
1124	Section 13.  Subsection (4) is added to section 633.702,
1125	Florida Statutes, to read:
1126	633.702  Prohibited acts regarding alarm system contractors
1127	or certified unlimited electrical contractors; penalties.--
1128	(4)  It is a misdemeanor of the first degree, punishable as
1129	provided in s. 775.082 or s. 775.083, for any person to
1130	intentionally or willfully install, service, test, repair,
1131	improve, or inspect a fire alarm system without being in
1132	compliance with s. 489.5185.
1133	Section 14.  This act shall take effect October 1, 2005.

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