HB 0621

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to building safety; amending s. 215.559,
7	F.S.; requiring that a specified percentage of the funds
8	appropriated under the Hurricane Loss Mitigation Program
9	be used for education concerning the Florida Building Code
10	and for the operation of the disaster contractors network;
11	requiring the Department of Community Affairs to contract
12	with a nonprofit tax-exempt entity for training,
13	development, and coordination; amending s. 468.621, F.S.;
14	providing additional grounds for which disciplinary
15	actions may be taken against building code enforcement
16	officials; amending s. 489.537, F.S.; providing that
17	certain alarm system contractors and electrical
18	contractors may not be required by a municipality or
19	county to obtain additional certification or meet
20	additional licensure requirements; amending s. 553.37,
21	F.S.; providing for the approval, delivery, and
22	installation of lawn storage buildings and storage sheds;
23	amending s. 553.73, F.S.; providing requirements for exit
24	alarms; specifying certain codes from the International
25	Code Congress and the International Code Council as
26	foundation codes for the updated Florida Building Code;
27	providing requirements for amendments to the foundation
28	codes; providing for the incorporation of certain
29	statements, decisions, and amendments into the Florida
30	Building Code; providing a timeframe for rule updates to
31	the Florida Building Code to become effective; adding a
32	requirement for technical amendments to the Florida
33	Building Code; providing requirements for the Florida
34	Building Commission in reviewing code amendments;
35	providing an exception; incorporating by reference certain
36	standards for unvented conditioned attic assemblies;
37	amending s. 553.77, F.S.; revising duties of the Florida
38	Building Commission; authorizing local building
39	departments or other entities to approve changes to an
40	approved building plan; prohibiting a commission member
41	from voting or taking action on matters of a personal or
42	financial interest to the member; deleting requirements
43	that the commission hear certain appeals and issue
44	declaratory statements; creating s. 553.775, F.S.;
45	providing legislative intent with respect to the
46	interpretation of the Florida Building Code; providing for
47	the commission to resolve disputes regarding
48	interpretations of the code; requiring the commission to
49	review decisions of local building officials and local
50	enforcement agencies; providing for publication of an
51	interpretation on the Building Code Information System and
52	in the Florida Administrative Weekly; authorizing the
53	commission to adopt a fee; amending s. 553.79, F.S.;
54	exempting truss-placement plans from certain requirements;
55	amending s. 553.791, F.S.; clarifying a definition;
56	expanding authorization to use private providers to
57	provide building code inspection services; including fee
58	owner contractors within such authorization; revising
59	notice requirements for using private providers; revising
60	procedures for issuing permits; providing requirements for
61	representatives of private providers; providing for waiver
62	of certain inspection records requirements under certain
63	circumstances; requiring that issuance of stop-work orders
64	be pursuant to law; providing for establishment of a
65	registration system for private providers and authorized
66	representatives of private providers for licensure
67	compliance purposes; preserving authority to issue
68	emergency stop-work orders; revising insurance
69	requirements for private providers; specifying conditions
70	for proceeding with building work; amending s. 553.80,
71	F.S.; authorizing local governments to impose certain fees
72	for code enforcement; providing requirements and
73	limitations; conforming a cross-reference; requiring the
74	commission to expedite adoption and implementation of the
75	existing state building code as part of the Florida
76	Building Code pursuant to limited procedures; exempting
77	certain buildings of the Department of Agriculture and
78	Consumer Services from local permitting requirements,
79	review, or fees; amending s. 120.80, F.S.; authorizing the
80	Florida Building Commission to conduct proceedings to
81	review decisions of local officials; amending s. 553.841,
82	F.S.; revising provisions governing the Building Code
83	Training Program; creating the Building Code Education and
84	Outreach Council to coordinate, develop, and ensure
85	enforcement of the Florida Building Code; providing for
86	membership, terms of office, and meetings; providing
87	duties of the council; providing for administrative
88	support for the council; requiring the council to develop
89	a core curriculum and equivalency test for specified
90	licensees; providing for the use of funds by the council;
91	repealing s. 553.8413, F.S., relating to the Education
92	Technical Advisory Committee; amending s. 553.842, F.S.;
93	providing for products to be approved for statewide use;
94	deleting an obsolete date; deleting a provision requiring
95	the commission to adopt certain criteria for local program
96	verification and validation by rule; providing for
97	validation of certain products by inspection of the
98	certification mark or listing; adding an evaluation entity
99	to the list of entities specifically approved by the
100	commission; deleting a requirement that the commission
101	establish a schedule for adopting rules relating to
102	product approvals under certain circumstances; creating s.
103	633.026, F.S.; requiring that the State Fire Marshal
104	establish by rule a process for rendering nonbinding
105	interpretations of the Florida Fire Prevention Code;
106	authorizing the State Fire Marshal to enter into contracts
107	and refer interpretations to a nonprofit organization;
108	providing for the interpretations to be advisory;
109	providing for funding the program from the Insurance
110	Regulatory Trust Fund; providing requirements for local
111	product approval of products or systems of construction;
112	specifying methods for demonstrating compliance with the
113	structural windload requirements of the Florida Building
114	Code; providing for certification to be issued by a
115	professional engineer or registered architect; providing
116	for audits under a quality assurance program and other
117	types of certification; providing that changes to the
118	Florida Building Code do not void the approval of
119	previously installed products; amending s. 633.021, F.S.;
120	redefining terms used in ch. 633, F.S.; amending s.
121	633.0215, F.S.; revising provisions relating to the
122	construction of townhouse stairs; amending s. 633.071,
123	F.S.; requiring inspection tags to be attached to all fire
124	protection systems; providing for the standardization of
125	inspection tags and reports; amending s. 633.082, F.S.;
126	requiring fire protection systems to be inspected in
127	accordance with nationally accepted standards; amending s.
128	633.521, F.S.; establishing a permit classification for
129	individuals who inspect fire protection systems; amending
130	s. 633.524, F.S.; establishing fees for various classes of
131	permits; amending s. 633.537, F.S.; establishing
132	continuing education requirements; amending s. 633.539,
133	F.S.; requiring fire protection systems to be inspected,
134	serviced, or maintained by a permitholder; establishing
135	the scope of work criteria; amending s. 633.547, F.S.;
136	providing for disciplinary action; providing for
137	applications to local governments for building permits;
138	providing requirements, procedures, and limitations;
139	providing that a local government must act upon certain
140	permit applications within a specified time or the permits
141	are automatically deemed approved; repealing s. 553.851,
142	F.S., relating to the protection of underground gas
143	pipelines; amending s. 109, ch. 2000-141, Laws of Florida;
144	providing for removal of the code's wind-protection
145	standards from the Florida Building Code; providing for an
146	update of the code's wind-protection standards; providing
147	for incorporation into the Florida Building Code of the
148	repeal of a design option relating to internal pressure
149	for buildings within the windborne debris region;
150	requiring the commission to review damage from Hurricane
151	Ivan and make recommendations to the Legislature for
152	changes to the Florida Building Code, especially relating
153	to certain areas; requiring a report; directing the
154	commission to evaluate the definition of the term
155	"exposure category C" and recommend a revision to
156	accurately reflect certain conditions specific to the
157	state; providing an appropriation for a joint program to
158	educate contractors for certain purposes; providing an
159	effective date.
160
161	Be It Enacted by the Legislature of the State of Florida:
162
163	Section 1.  Subsections (3) and (4) of section 215.559,
164	Florida Statutes, are amended, present subsections (5), (6), and
165	(7) of that section are redesignated as subsections (6), (7),
166	and (8), respectively, and a new subsection (5) is added to that
167	section, to read:
168	215.559  Hurricane Loss Mitigation Program.--
169	(3)  Forty percent of the total appropriation in paragraph
170	(2)(a) shall be used to inspect and improve tie-downs for mobile
171	homes. Within 30 days after the effective date of that
172	appropriation, the department shall contract with a public
173	higher educational institution in this state which has previous
174	experience in administering the programs set forth in this
175	subsection to serve as the administrative entity and fiscal
176	agent pursuant to s. 216.346 for the purpose of administering
177	the programs set forth in this subsection in accordance with
178	established policy and procedures. The administrative entity
179	working with the advisory council set up under subsection (6)
180	(5) shall develop a list of mobile home parks and counties that
181	may be eligible to participate in the tie-down program.
182	(4)  Of moneys provided to the Department of Community
183	Affairs in paragraph (2)(a), 10 percent shall be allocated to a
184	Type I Center within the State University System dedicated to
185	hurricane research. The Type I Center shall develop a
186	preliminary work plan approved by the advisory council set forth
187	in subsection (6) (5) to eliminate the state and local barriers
188	to upgrading existing mobile homes and communities, research and
189	develop a program for the recycling of existing older mobile
190	homes, and support programs of research and development relating
191	to hurricane loss reduction devices and techniques for site-
192	built residences. The State University System also shall consult
193	with the Department of Community Affairs and assist the
194	department with the report required under subsection (8) (7).
195	(5)  Fifteen percent of the total appropriation in
196	paragraph (2)(a) shall be used for education awareness
197	concerning the Florida Building Code and the operation of the
198	disaster contractors network. Not more than 30 days after the
199	effective date of each subsequent appropriation, the Department
200	of Community Affairs shall contract with a nonprofit tax-exempt
201	entity having prior contracting experience with building code
202	training, development, and coordination and whose membership is
203	representative of all of the statewide construction and design
204	licensee associations. The entity shall allocate 20 percent of
205	these resources to the disaster contractors network for the
206	education of the construction industry and hurricane response if
207	needed to coordinate the industry in the event of a natural
208	disaster. The entity shall allocate 20 percent of these
209	resources to the largest residential construction trade show in
210	the state for the education of the residential construction
211	industry on building code and mitigation issues. The remaining
212	resources shall be used by the entity for outreach building code
213	activities after consultation with the building code program
214	under the Florida Building Commission as provided for in s.
215	553.841.
216	Section 2.  Paragraph (i) of subsection (1) of section
217	468.621, Florida Statutes, is amended, and paragraph (j) is
218	added to that subsection, to read:
219	468.621  Disciplinary proceedings.--
220	(1)  The following acts constitute grounds for which the
221	disciplinary actions in subsection (2) may be taken:
222	(i)  Failing to lawfully execute the duties and
223	responsibilities specified in this part and ss. 553.73, 553.781,
224	and 553.79, and 553.791.
225	(j)  Violating or failing to comply with a valid rule or
226	lawful order of the Florida Building Commission adopted pursuant
227	to part IV of chapter 553.
228	Section 3.  Paragraph (a) of subsection (3) of section
229	489.537, Florida Statutes, is amended to read:
230	489.537  Application of this part.--
231	(3)  Nothing in this act limits the power of a municipality
232	or county:
233	(a)  To regulate the quality and character of work
234	performed by contractors through a system of permits, fees, and
235	inspections which is designed to secure compliance with, and aid
236	in the implementation of, state and local building laws or to
237	enforce other local laws for the protection of the public health
238	and safety. However, a certified alarm system contractor or
239	certified electrical contractor is not subject to any additional
240	certification or licensure requirements that are not required by
241	this part.
242	Section 4.  Subsection (3) of section 553.37, Florida
243	Statutes, is amended to read:
244	553.37  Rules; inspections; and insignia.--
245	(3)  All manufactured buildings issued and bearing insignia
246	of approval pursuant to subsection (2) shall be deemed to comply
247	with the Florida Building Code and are exempt from local
248	amendments enacted by any local government. Lawn storage
249	buildings and storage sheds not exceeding 250 square feet and
250	bearing the insignia of approval of the department are not
251	subject to s. 553.842 and may be delivered and installed without
252	need of a contractor's license or specialty license.
253	Section 5.  Subsection (2), paragraph (c) of subsection
254	(4), subsection (6), and paragraphs (a) and (c) of subsection
255	(7) of section 553.73, Florida Statutes, are amended, and
256	subsections (12), (13), and (14) are added to that section, to
257	read:
258	553.73  Florida Building Code.--
259	(2)  The Florida Building Code shall contain provisions or
260	requirements for public and private buildings, structures, and
261	facilities relative to structural, mechanical, electrical,
262	plumbing, energy, and gas systems, existing buildings,
263	historical buildings, manufactured buildings, elevators, coastal
264	construction, lodging facilities, food sales and food service
265	facilities, health care facilities, including assisted living
266	facilities, adult day care facilities, and facilities for the
267	control of radiation hazards, public or private educational
268	facilities, swimming pools, and correctional facilities and
269	enforcement of and compliance with such provisions or
270	requirements. Further, the Florida Building Code must provide
271	for uniform implementation of ss. 515.25, 515.27, and 515.29 by
272	including standards and criteria for residential swimming pool
273	barriers, pool covers, latching devices, door and window exit
274	alarms, and other equipment required therein, which are
275	consistent with the intent of s. 515.23. With respect to the
276	exit alarm provision from all doors and windows providing direct
277	access from the home to the pool, as specified in ss. 515.25(4)
278	and 515.27(1), such an alarm must be of the battery-powered,
279	hard-wired, or plug-in type. Technical provisions to be
280	contained within the Florida Building Code are restricted to
281	requirements related to the types of materials used and
282	construction methods and standards employed in order to meet
283	criteria specified in the Florida Building Code. Provisions
284	relating to the personnel, supervision or training of personnel,
285	or any other professional qualification requirements relating to
286	contractors or their workforce may not be included within the
287	Florida Building Code, and subsections (4), (5), (6), and (7)
288	are not to be construed to allow the inclusion of such
289	provisions within the Florida Building Code by amendment. This
290	restriction applies to both initial development and amendment of
291	the Florida Building Code.
292	(4)
293	(c)  Any amendment adopted by a local enforcing agency
294	pursuant to this subsection shall not apply to state or school
295	district owned buildings, manufactured buildings or factory-
296	built school buildings approved by the commission, or prototype
297	buildings approved pursuant to s. 553.77(3)(5). The respective
298	responsible entities shall consider the physical performance
299	parameters substantiating such amendments when designing,
300	specifying, and constructing such exempt buildings.
301	(6)(a)  The commission, by rule adopted pursuant to ss.
302	120.536(1) and 120.54, shall update the Florida Building Code
303	every 3 years. When updating the Florida Building Code, the
304	commission shall select the most current version of the
305	International Building Code, the International Fuel Gas Code,
306	the International Mechanical Code, the International Plumbing
307	Code, and the International Residential Code, all of which are
308	adopted by the International Code Council, and the National
309	Electrical Code adopted by the National Fire Prevention
310	Association, to form the foundation codes of the updated Florida
311	Building Code, if the version has been adopted by the
312	International Code Council and the National Fire Prevention
313	Association and made available to the public at least 6 months
314	prior to its selection by the commission.
315	(b)  Codes regarding noise contour lines shall be reviewed
316	annually, and the most current federal guidelines shall be
317	adopted.
318	(c)  The commission may modify any portion of the
319	foundation codes only as needed to accommodate the specific
320	needs of this state. Standards or criteria referenced by such
321	codes shall be incorporated by reference. If a referenced
322	standard or criterion requires amplification or modification to
323	be appropriate for use in this state, only the amplification or
324	modification shall be set forth in the Florida Building Code.
325	The commission may approve technical amendments to the updated
326	Florida Building Code after the amendments have been subject to
327	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
328	the foundation codes which are adopted in accordance with this
329	subsection shall be clearly marked in printed versions of the
330	Florida Building Code so that the fact that the provisions are
331	Florida-specific amendments to the foundation codes is readily
332	apparent. consider changes made by the adopting entity of any
333	selected model code for any model code incorporated into the
334	Florida Building Code, and may subsequently adopt the new
335	edition or successor of the model code or any part of such code,
336	no sooner than 6 months after such model code has been adopted
337	by the adopting organization, which may then be modified for
338	this state as provided in this section, and
339	(d)  The commission shall further consider the commission's
340	own interpretations, declaratory statements, appellate
341	decisions, and approved statewide and local technical amendments
342	and shall incorporate such interpretations, statements,
343	decisions, and amendments into the updated Florida Building Code
344	only to the extent that they are needed to modify the foundation
345	codes to accommodate the specific needs of the state. A change
346	made by an institute or standards organization to any standard
347	or criterion that is adopted by reference in the Florida
348	Building Code does not become effective statewide until it has
349	been adopted by the commission. Furthermore, the edition of the
350	Florida Building Code which is in effect on the date of
351	application for any permit authorized by the code governs the
352	permitted work for the life of the permit and any extension
353	granted to the permit.
354	(e)  A rule updating the Florida Building Code in
355	accordance with this subsection shall take effect no sooner than
356	6 months after publication of the updated code. Any amendment to
357	the Florida Building Code which is adopted upon a finding by the
358	commission that the amendment is necessary to protect the public
359	from immediate threat of harm takes effect immediately.
360	(7)(a)  The commission may approve technical amendments to
361	the Florida Building Code once each year for statewide or
362	regional application upon a finding that the amendment:
363	1.  Is needed in order to accommodate the specific needs of
364	this state.
365	2.1.  Has a reasonable and substantial connection with the
366	health, safety, and welfare of the general public.
367	3.2.  Strengthens or improves the Florida Building Code, or
368	in the case of innovation or new technology, will provide
369	equivalent or better products or methods or systems of
370	construction.
371	4.3.  Does not discriminate against materials, products,
372	methods, or systems of construction of demonstrated
373	capabilities.
374	5.4.  Does not degrade the effectiveness of the Florida
375	Building Code.
376
377	Furthermore, the Florida Building Commission may approve
378	technical amendments to the code once each year to incorporate
379	into the Florida Building Code its own interpretations of the
380	code which are embodied in its opinions, final orders, and
381	declaratory statements, and interpretations of hearing officer
382	panels under s. 553.775(3)(c), but shall do so only to the
383	extent that incorporation of interpretations is needed to modify
384	the foundation codes to accommodate the specific needs of this
385	state. Amendments approved under this paragraph shall be adopted
386	by rule pursuant to ss. 120.536(1) and 120.54, after the
387	amendments have been subjected to the provisions of subsection
388	(3).
389	(c)  The commission may not approve any proposed amendment
390	that does not accurately and completely address all requirements
391	for amendment which are set forth in this section. The
392	commission shall require all proposed amendments and information
393	submitted with proposed amendments to be reviewed by commission
394	staff prior to consideration by any technical advisory
395	committee. These reviews shall be for sufficiency only and are
396	not intended to be qualitative in nature. Staff members shall
397	reject any proposed amendment that fails to include a fiscal
398	impact statement. Proposed amendments rejected by members of the
399	staff may not be considered by the commission or any technical
400	advisory committee.
401	(12)  Notwithstanding any other provision of this section,
402	the permitted standards and conditions for unvented conditioned
403	attic assemblies in the International Residential Code are
404	incorporated by reference as an authorized alternative in the
405	Florida Building Code. The commission shall incorporate such
406	permitted standards and conditions in the Florida Building Code
407	by rule as provided in this section. However, the effectiveness
408	of such permitted standards and conditions shall not be delayed
409	in adopting pending rules. This subsection is repealed upon the
410	adoption of such permitted standards and conditions by rule as
411	an authorized alternative in the Florida Building Code.
412	(13)  For type "S" buildings, as defined in the Florida
413	Building Code, all space under mezzanines, both enclosed and not
414	enclosed, shall be included in the determination of the size of
415	the room or space in which the mezzanine is located. A mezzanine
416	may not exceed one-third of the room or space in which it is
417	located. The fee owner or the fee owner's architect may elect,
418	but may not be required by rule or action, to have mezzanines
419	that are less than one-third of the room or space in which they
420	are located. The requirements of this subsection apply
421	retroactively to January 1, 2001.
422	(14)  Travel distance from all floor areas, including the
423	most remote point of the mezzanine shall comply with Table 1004
424	of the Florida Building Code, chapter 10, s. 1005, Table 1004. A
425	single unenclosed stair is permitted for mezzanines if the
426	criteria of the Florida Building Code, chapter 10, s. 1005.7.1
427	and Table 1005.7 travel distance is not exceed from the most
428	remote point of the mezzanine to a point where there is a choice
429	of more than one means of egress and the limits of Table 1004
430	are met. The requirements of this subsection shall take effect
431	upon this act becoming law.
432	Section 6.  Section 553.77, Florida Statutes, is amended to
433	read:
434	553.77  Specific powers of the commission.--
435	(1)  The commission shall:
436	(a)  Adopt and update the Florida Building Code or
437	amendments thereto, pursuant to ss. 120.536(1) and 120.54.
438	(b)  Make a continual study of the operation of the Florida
439	Building Code and other laws relating to the design,
440	construction, erection, alteration, modification, repair, or
441	demolition of public or private buildings, structures, and
442	facilities, including manufactured buildings, and code
443	enforcement, to ascertain their effect upon the cost of building
444	construction and determine the effectiveness of their
445	provisions. Upon updating the Florida Building Code every 3
446	years, the commission shall review existing provisions of law
447	and make recommendations to the Legislature for the next regular
448	session of the Legislature regarding provisions of law that
449	should be revised or repealed to ensure consistency with the
450	Florida Building Code at the point the update goes into effect.
451	State agencies and local jurisdictions shall provide such
452	information as requested by the commission for evaluation of and
453	recommendations for improving the effectiveness of the system of
454	building code laws for reporting to the Legislature annually.
455	Failure to comply with this or other requirements of this act
456	must be reported to the Legislature for further action. Any
457	proposed legislation providing for the revision or repeal of
458	existing laws and rules relating to technical requirements
459	applicable to building structures or facilities should expressly
460	state that such legislation is not intended to imply any repeal
461	or sunset of existing general or special laws governing any
462	special district that are not specifically identified in the
463	legislation.
464	(c)  Upon written application by any substantially affected
465	person or a local enforcement agency, issue declaratory
466	statements pursuant to s. 120.565 relating to new technologies,
467	techniques, and materials which have been tested where necessary
468	and found to meet the objectives of the Florida Building Code.
469	This paragraph does not apply to the types of products,
470	materials, devices, or methods of construction required to be
471	approved under paragraph (f) (i).
472	(d)  Upon written application by any substantially affected
473	person, state agency, or a local enforcement agency, issue
474	declaratory statements pursuant to s. 120.565 relating to the
475	enforcement or administration by local governments of the
476	Florida Building Code. Paragraph (h) provides the exclusive
477	remedy for addressing local interpretations of the code.
478	(e)  When requested in writing by any substantially
479	affected person, state agency, or a local enforcing agency,
480	shall issue declaratory statements pursuant to s. 120.565
481	relating to this part and ss. 515.25, 515.27, 515.29, and
482	515.37. Actions of the commission are subject to judicial review
483	pursuant to s. 120.68.
484	(d)(f)  Make recommendations to, and provide assistance
485	upon the request of, the Florida Commission on Human Relations
486	regarding rules relating to accessibility for persons with
487	disabilities.
488	(e)(g)  Participate with the Florida Fire Code Advisory
489	Council created under s. 633.72, to provide assistance and
490	recommendations relating to firesafety code interpretations. The
491	administrative staff of the commission shall attend meetings of
492	the Florida Fire Code Advisory Council and coordinate efforts to
493	provide consistency between the Florida Building Code and the
494	Florida Fire Prevention Code and the Life Safety Code.
495	(h)  Hear appeals of the decisions of local boards of
496	appeal regarding interpretation decisions of local building
497	officials, or if no local board exists, hear appeals of
498	decisions of the building officials regarding interpretations of
499	the code. For such appeals:
500	1.  Local decisions declaring structures to be unsafe and
501	subject to repair or demolition shall not be appealable to the
502	commission if the local governing body finds there is an
503	immediate danger to the health and safety of its citizens.
504	2.  All appeals shall be heard in the county of the
505	jurisdiction defending the appeal.
506	3.  Hearings shall be conducted pursuant to chapter 120 and
507	the uniform rules of procedure, and decisions of the commission
508	are subject to judicial review pursuant to s. 120.68.
509	(f)(i)  Determine the types of products which may be
510	approved by the commission requiring approval for local or
511	statewide use and shall provide for the evaluation and approval
512	of such products, materials, devices, and method of construction
513	for statewide use. The commission may prescribe by rule a
514	schedule of reasonable fees to provide for evaluation and
515	approval of products, materials, devices, and methods of
516	construction. Evaluation and approval shall be by action of the
517	commission or delegated pursuant to s. 553.842. This paragraph
518	does not apply to products approved by the State Fire Marshal.
519	(g)(j)  Appoint experts, consultants, technical advisers,
520	and advisory committees for assistance and recommendations
521	relating to the major areas addressed in the Florida Building
522	Code.
523	(h)(k)  Establish and maintain a mutual aid program,
524	organized through the department, to provide an efficient supply
525	of various levels of code enforcement personnel, design
526	professionals, commercial property owners, and construction
527	industry individuals, to assist in the rebuilding effort in an
528	area which has been hit with disaster. The program shall include
529	provisions for:
530	1.  Minimum postdisaster structural, electrical, and
531	plumbing inspections and procedures.
532	2.  Emergency permitting and inspection procedures.
533	3.  Establishing contact with emergency management
534	personnel and other state and federal agencies.
535	(i)(l)  Maintain a list of interested parties for noticing
536	rulemaking workshops and hearings, disseminating information on
537	code adoption, revisions, amendments, and all other such actions
538	which are the responsibility of the commission.
539	(j)(m)  Coordinate with the state and local governments,
540	industry, and other affected stakeholders in the examination of
541	legislative provisions and make recommendations to fulfill the
542	responsibility to develop a consistent, single code.
543	(k)(n)  Provide technical assistance to local building
544	departments in order to implement policies, procedures, and
545	practices which would produce the most cost-effective property
546	insurance ratings.
547	(l)(o)  Develop recommendations for local governments to
548	use when pursuing partial or full privatization of building
549	department functions. The recommendations shall include, but not
550	be limited to, provisions relating to equivalency of service,
551	conflict of interest, requirements for competency, liability,
552	insurance, and long-term accountability.
553	(2)  Upon written application by any substantially affected
554	person, the commission shall issue a declaratory statement
555	pursuant to s. 120.565 relating to a state agency's
556	interpretation and enforcement of the specific provisions of the
557	Florida Building Code the agency is authorized to enforce. The
558	provisions of this subsection shall not be construed to provide
559	any powers, other than advisory, to the commission with respect
560	to any decision of the State Fire Marshal made pursuant to the
561	provisions of chapter 633.
562	(3)  The commission may designate a commission member with
563	demonstrated expertise in interpreting building plans to attend
564	each meeting of the advisory council created in s. 553.512. The
565	commission member may vary from meeting to meeting, shall serve
566	on the council in a nonvoting capacity, and shall receive per
567	diem and expenses as provided in s. 553.74(3).
568	(2)(4)  For educational and public information purposes,
569	the commission shall develop and publish an informational and
570	explanatory document which contains descriptions of the roles
571	and responsibilities of the licensed design professional,
572	residential designer, contractor, and local building and fire
573	code officials. The State Fire Marshal shall be responsible for
574	developing and specifying roles and responsibilities for fire
575	code officials. Such document may also contain descriptions of
576	roles and responsibilities of other participants involved in the
577	building codes system.
578	(3)(5)  The commission may provide by rule for plans review
579	and approval of prototype buildings owned by public and private
580	entities to be replicated throughout the state. The rule must
581	allow for review and approval of plans and changes to approved
582	plans for prototype buildings to be performed by a public or
583	private entity with oversight by the commission. The department
584	may charge reasonable fees to cover the administrative costs of
585	the program. Such approved plans or prototype buildings shall be
586	exempt from further review required by s. 553.79(2), except
587	changes to the prototype design, site plans, and other site-
588	related items. Changes to an approved plan may be approved by
589	the local building department or by the public or private entity
590	that approved the plan. As provided in s. 553.73, prototype
591	buildings are exempt from any locally adopted amendment to any
592	part of the Florida Building Code. Construction or erection of
593	such prototype buildings is subject to local permitting and
594	inspections pursuant to this part.
595	(4)(6)  The commission may produce and distribute a
596	commentary document to accompany the Florida Building Code. The
597	commentary must be limited in effect to providing technical
598	assistance and must not have the effect of binding
599	interpretations of the code document itself.
600	(5)  A commissioner may abstain from voting in any matter
601	before the commission which would inure to the commissioner's
602	special private gain or loss, which the commissioner knows would
603	inure to the special private gain or loss of any principal by
604	whom he or she is retained or to the parent organization or
605	subsidiary of a corporate principal by which he or she is
606	retained, or which he or she knows would inure to the special
607	private gain or loss of a relative or business associate of the
608	commissioner. A commissioner shall abstain from voting on
609	matters before the commission pursuant to s. 120.569 or s.
610	120.60 in the foregoing circumstances. The commissioner shall,
611	prior to the vote being taken, publicly state to the assembly
612	the nature of the commissioner's interest in the matter from
613	which he or she is abstaining from voting and, within 15 days
614	after the vote occurs, disclose the nature of his or her
615	interest as a public record in a memorandum filed with the
616	person responsible for recording the minutes of the meeting, who
617	shall incorporate the memorandum in the minutes.
618	(7)  The commission shall by rule establish an informal
619	process of rendering nonbinding interpretations of the Florida
620	Building Code. The commission is specifically authorized to
621	refer interpretive issues to organizations that represent those
622	engaged in the construction industry. The commission is directed
623	to immediately implement the process prior to the completion of
624	formal rulemaking. It is the intent of the Legislature that the
625	commission create a process to refer questions to a small,
626	rotating group of individuals licensed under part XII of chapter
627	468, to which a party can pose questions regarding the
628	interpretation of code provisions. It is the intent of the
629	Legislature that the process provide for the expeditious
630	resolution of the issues presented and publication of the
631	resulting interpretation on the Building Code Information
632	System. Such interpretations are to be advisory only and
633	nonbinding on the parties or the commission.
634	Section 7.  Section 553.775, Florida Statutes, is created
635	to read:
636	553.775  Interpretations.--
637	(1)  It is the intent of the Legislature that the Florida
638	Building Code be interpreted by building officials, local
639	enforcement agencies, and the commission in a manner that
640	protects the public safety, health, and welfare at the most
641	reasonable cost to the consumer by ensuring uniform
642	interpretations throughout the state and by providing processes
643	for resolving disputes regarding interpretations of the Florida
644	Building Code which are just and expeditious.
645	(2)  Local enforcement agencies, local building officials,
646	state agencies, and the commission shall interpret provisions of
647	the Florida Building Code in a manner that is consistent with
648	declaratory statements and interpretations entered by the
649	commission, except that conflicts between the Florida Fire
650	Prevention Code and the Florida Building Code shall be resolved
651	in accordance with s. 553.73(9)(c) and (d).
652	(3)  The following procedures may be invoked regarding
653	interpretations of the Florida Building Code:
654	(a)  Upon written application by any substantially affected
655	person or state agency or by a local enforcement agency, the
656	commission shall issue declaratory statements pursuant to s.
657	120.565 relating to the enforcement or administration by local
658	governments of the Florida Building Code.
659	(b)  When requested in writing by any substantially
660	affected person or state agency or by a local enforcement
661	agency, the commission shall issue a declaratory statement
662	pursuant to s. 120.565 relating to this part and ss. 515.25,
663	515.27, 515.29, and 515.37. Actions of the commission are
664	subject to judicial review under s. 120.68.
665	(c)  The commission shall review decisions of local
666	building officials and local enforcement agencies regarding
667	interpretations of the Florida Building Code after the local
668	board of appeals has considered the decision, if such board
669	exists, and if such appeals process is concluded within 10
670	business days.
671	1.  The commission shall coordinate with the Building
672	Officials Association of Florida, Inc., to designate panels
673	composed of five members to hear requests to review decisions of
674	local building officials. The members must be licensed as
675	building code administrators under part XII of chapter 468 and
676	must have experience interpreting and enforcing provisions of
677	the Florida Building Code.
678	2.  Requests to review a decision of a local building
679	official interpreting provisions of the Florida Building Code
680	may be initiated by any substantially affected person, including
681	an owner or builder subject to a decision of a local building
682	official or an association of owners or builders having members
683	who are subject to a decision of a local building official. In
684	order to initiate review, the substantially affected person must
685	file a petition with the commission. The commission shall adopt
686	a form for the petition, which shall be published on the
687	Building Code Information System. The form shall, at a minimum,
688	require the following:
689	a.  The name and address of the county or municipality in
690	which provisions of the Florida Building Code are being
691	interpreted.
692	b.  The name and address of the local building official who
693	has made the interpretation being appealed.
694	c.  The name, address, and telephone number of the
695	petitioner; the name, address, and telephone number of the
696	petitioner's representative, if any; and an explanation of how
697	the petitioner's substantial interests are being affected by the
698	local interpretation of the Florida Building Code.
699	d.  A statement of the provisions of the Florida Building
700	Code which are being interpreted by the local building official.
701	e.  A statement of the interpretation given to provisions
702	of the Florida Building Code by the local building official and
703	the manner in which the interpretation was rendered.
704	f.  A statement of the interpretation that the petitioner
705	contends should be given to the provisions of the Florida
706	Building Code and a statement supporting the petitioner's
707	interpretation.
708	g.  Space for the local building official to respond in
709	writing. The space shall, at a minimum, require the local
710	building official to respond by providing a statement admitting
711	or denying the statements contained in the petition and a
712	statement of the interpretation of the provisions of the Florida
713	Building Code which the local jurisdiction or the local building
714	official contends is correct, including the basis for the
715	interpretation.
716	3.  The petitioner shall submit the petition to the local
717	building official, who shall place the date of receipt on the
718	petition. The local building official shall respond to the
719	petition in accordance with the form and shall return the
720	petition along with his or her response to the petitioner within
721	5 days after receipt, exclusive of Saturdays, Sundays, and legal
722	holidays. The petitioner may file the petition with the
723	commission at any time after the local building official
724	provides a response. If no response is provided by the local
725	building official, the petitioner may file the petition with the
726	commission 10 days after submission of the petition to the local
727	building official and shall note that the local building
728	official did not respond.
729	4.  Upon receipt of a petition that meets the requirements
730	of subparagraph 2., the commission shall immediately provide
731	copies of the petition to a panel, and the commission shall
732	publish the petition, including any response submitted by the
733	local building official, on the Building Code Information System
734	in a manner that allows interested persons to address the issues
735	by posting comments.
736	5.  The panel shall conduct proceedings as necessary to
737	resolve the issues; shall give due regard to the petitions, the
738	response, and to comments posed on the Building Code Information
739	System; and shall issue an interpretation regarding the
740	provisions of the Florida Building Code within 21 days after the
741	filing of the petition. The panel shall render a determination
742	based upon the Florida Building Code or, if the code is
743	ambiguous, the intent of the code. The panel's interpretation
744	shall be provided to the commission, which shall publish the
745	interpretation on the Building Code Information System and in
746	the Florida Administrative Weekly. The interpretation shall be
747	considered an interpretation entered by the commission, and
748	shall be binding upon the parties and upon all jurisdictions
749	subject to the Florida Building Code, unless it is superseded by
750	a declaratory statement issued by the Florida Building
751	Commission or by a final order entered after an appeal
752	proceeding conducted in accordance with subparagraph 7.
753	6.  It is the intent of the Legislature that review
754	proceedings be completed within 21 days after the date that a
755	petition seeking review is filed with the commission, and the
756	time periods set forth in this paragraph may be waived only upon
757	consent of all parties.
758	7.  Any substantially affected person may appeal an
759	interpretation rendered by a hearing officer panel by filing a
760	petition with the commission. Such appeals shall be initiated in
761	accordance with chapter 120 and the uniform rules of procedure
762	and must be filed within 30 days after publication of the
763	interpretation on the Building Code Information System or in the
764	Florida Administrative Weekly. Hearings shall be conducted
765	pursuant to chapter 120 and the uniform rules of procedure.
766	Decisions of the commission are subject to judicial review
767	pursuant to s. 120.68. The final order of the commission is
768	binding upon the parties and upon all jurisdictions subject to
769	the Florida Building Code.
770	8.  The burden of proof in any proceeding initiated in
771	accordance with subparagraph 7. is on the party who initiated
772	the appeal.
773	9.  In any review proceeding initiated in accordance with
774	this paragraph, including any proceeding initiated in accordance
775	with subparagraph 7., the fact that an owner or builder has
776	proceeded with construction may not be grounds for determining
777	an issue to be moot if the issue is one that is likely to arise
778	in the future.
779
780	This paragraph provides the exclusive remedy for addressing
781	requests to review local interpretations of the code and appeals
782	from review proceedings.
783	(d)  Local decisions declaring structures to be unsafe and
784	subject to repair or demolition are not subject to review under
785	this subsection and may not be appealed to the commission if the
786	local governing body finds that there is an immediate danger to
787	the health and safety of the public.
788	(e)  Upon written application by any substantially affected
789	person, the commission shall issue a declaratory statement
790	pursuant to s. 120.565 relating to an agency's interpretation
791	and enforcement of the specific provisions of the Florida
792	Building Code which the agency is authorized to enforce. This
793	subsection does not provide any powers, other than advisory, to
794	the commission with respect to any decision of the State Fire
795	Marshal made pursuant to chapter 633.
796	(f)  The commission may designate a commission member who
797	has demonstrated expertise in interpreting building plans to
798	attend each meeting of the advisory council created in s.
799	553.512. The commission member may vary from meeting to meeting,
800	shall serve on the council in a nonvoting capacity, and shall
801	receive per diem and expenses as provided in s. 553.74(3).
802	(g)  The commission shall by rule establish an informal
803	process of rendering nonbinding interpretations of the Florida
804	Building Code. The commission is specifically authorized to
805	refer interpretive issues to organizations that represent those
806	engaged in the construction industry. The commission shall
807	immediately implement the process before completing formal
808	rulemaking. It is the intent of the Legislature that the
809	commission create a process to refer questions to a small,
810	rotating group of individuals licensed under part XII of chapter
811	468, to which a party may pose questions regarding the
812	interpretation of code provisions. It is the intent of the
813	Legislature that the process provide for the expeditious
814	resolution of the issues presented and publication of the
815	resulting interpretation on the Building Code Information
816	System. Such interpretations shall be advisory only and
817	nonbinding on the parties and the commission.
818	(4)  In order to administer this section, the commission
819	may adopt by rule and impose a fee for binding interpretations
820	to recoup the cost of the proceedings that may not exceed $250
821	for each request for a review or interpretation. For proceedings
822	conducted by or in coordination with a third party, the rule may
823	provide payment to be made directly to the third party who shall
824	remit to the department that portion of the fee necessary to
825	cover the department's costs.
826	Section 8.  Subsection (14) of section 553.79, Florida
827	Statutes, is amended to read:
828	553.79  Permits; applications; issuance; inspections.--
829	(14)  Certifications by contractors authorized under the
830	provisions of s. 489.115(4)(b) shall be considered equivalent to
831	sealed plans and specifications by a person licensed under
832	chapter 471 or chapter 481 by local enforcement agencies for
833	plans review for permitting purposes relating to compliance with
834	the wind resistance provisions of the code or alternate
835	methodologies approved by the commission for one and two family
836	dwellings. Local enforcement agencies may rely upon such
837	certification by contractors that the plans and specifications
838	submitted conform to the requirements of the code for wind
839	resistance. Upon good cause shown, local government code
840	enforcement agencies may accept or reject plans sealed by
841	persons licensed under chapter 471, chapter 481, or chapter 489.
842	A truss-placement plan is not required to be signed and sealed
843	by an engineer or architect unless prepared by an engineer or
844	architect or specifically required by the Florida Building Code.
845	Section 9.  Paragraph (f) of subsection (1), subsections
846	(2) and (4), paragraph (a) of subsection (6), and subsections
847	(7), (9), (11), (12), (14), (15), and (17) of section 553.791,
848	Florida Statutes, are amended to read:
849	553.791  Alternative plans review and inspection.--
850	(1)  As used in this section, the term:
851	(f)  "Permit application" means a properly completed and
852	submitted application for:
853	1.  the requested building or construction permit,
854	including:.
855	1.2.  The plans reviewed by the private provider.
856	2.3.  The affidavit from the private provider required
857	pursuant to subsection (5).
858	3.4.  Any applicable fees.
859	4.5.  Any documents required by the local building official
860	to determine that the fee owner has secured all other government
861	approvals required by law.
862	(2)  Notwithstanding any other provision of law or local
863	government ordinance or local policy, the fee owner of a
864	building or structure, or the fee owner's contractor upon
865	written authorization from the fee owner, may choose to use a
866	private provider to provide building code inspection services
867	with regard to such building or structure and may make payment
868	directly to the private provider for the provision of such
869	services. All such services shall be the subject of a written
870	contract between the private provider, or the private provider's
871	firm, and the fee owner. The fee owner may elect to use a
872	private provider to provide either plans review or required
873	building inspections, or both. The local building official, in
874	his or her discretion and pursuant to duly adopted policies of
875	the local enforcement agency, may require the fee owner who
876	desires to use a private provider to use the private provider to
877	provide both plans review and required building inspection
878	services.
879	(4)  A fee owner or the fee owner's contractor using a
880	private provider to provide building code inspection services
881	shall notify the local building official at the time of permit
882	application, or no less than 7 business days prior to the first
883	scheduled inspection by the local building official or building
884	code enforcement agency for a private provider performing
885	required inspections of construction under this section, on a
886	form to be adopted by the commission. This notice shall include
887	the following information:
888	(a)  The services to be performed by the private provider.
889	(b)  The name, firm, address, telephone number, and
890	facsimile number of each private provider who is performing or
891	will perform such services, his or her professional license or
892	certification number, qualification statements or resumes, and,
893	if required by the local building official, a certificate of
894	insurance demonstrating that professional liability insurance
895	coverage is in place for the private provider's firm, the
896	private provider, and any duly authorized representative in the
897	amounts required by this section.
898	(c)  An acknowledgment from the fee owner in substantially
899	the following form:
900
901	I have elected to use one or more private providers to provide
902	building code plans review and/or inspection services on the
903	building or structure that is the subject of the enclosed permit
904	application, as authorized by s. 553.791, Florida Statutes. I
905	understand that the local building official may not review the
906	plans submitted or perform the required building inspections to
907	determine compliance with the applicable codes, except to the
908	extent specified in said law. Instead, plans review and/or
909	required building inspections will be performed by licensed or
910	certified personnel identified in the application. The law
911	requires minimum insurance requirements for such personnel, but
912	I understand that I may require more insurance to protect my
913	interests. By executing this form, I acknowledge that I have
914	made inquiry regarding the competence of the licensed or
915	certified personnel and the level of their insurance and am
916	satisfied that my interests are adequately protected. I agree to
917	indemnify, defend, and hold harmless the local government, the
918	local building official, and their building code enforcement
919	personnel from any and all claims arising from my use of these
920	licensed or certified personnel to perform building code
921	inspection services with respect to the building that is the
922	subject of the enclosed permit application.
923
924	If the fee owner or the fee owner's contractor makes any changes
925	to the listed private providers or the services to be provided
926	by those private providers, the fee owner or the fee owner's
927	contractor shall, within 1 business day after any change, update
928	the notice to reflect such changes. In addition, the fee owner
929	or the fee owner's contractor shall post at the project site,
930	prior to the commencement of construction and updated within 1
931	business day after any change, on a form to be adopted by the
932	commission, the name, firm, address, telephone number, and
933	facsimile number of each private provider who is performing or
934	will perform building code inspection services, the type of
935	service being performed, and similar information for the primary
936	contact of the private provider on the project.
937	(6)(a)  No more than Within 30 business days after receipt
938	of a permit application and the affidavit from the private
939	provider required pursuant to subsection (5), the local building
940	official shall issue the requested permit or provide a written
941	notice to the permit applicant identifying the specific plan
942	features that do not comply with the applicable codes, as well
943	as the specific code chapters and sections. If the local
944	building official does not provide a written notice of the plan
945	deficiencies within the prescribed 30-day period, the permit
946	application shall be deemed approved as a matter of law, and the
947	permit shall be issued by the local building official on the
948	next business day.
949	(7)  A private provider performing required inspections
950	under this section shall inspect each phase of construction as
951	required by the applicable codes. The private provider shall be
952	permitted to send a duly authorized representative to the
953	building site to perform the required inspections, provided all
954	required reports and certifications are prepared by and bear the
955	signature of the private provider. The duly authorized
956	representative must be an employee of the private provider
957	entitled to receive unemployment compensation benefits under
958	chapter 443. The contractor's contractual or legal obligations
959	are not relieved by any action of the private provider.
960	(9)  Upon completing the required inspections at each
961	applicable phase of construction, the private provider shall
962	record such inspections on a form acceptable to the local
963	building official. These inspection records shall reflect those
964	inspections required by the applicable codes of each phase of
965	construction for which permitting by a local enforcement agency
966	is required. The private provider, before leaving the project
967	site, shall post each completed inspection record, indicating
968	pass or fail, at the site and provide the record to the local
969	building official within 2 business days. The local building
970	official may waive the requirement to provide a record of each
971	inspection within 2 business days if the record is posted at the
972	project site and all such inspection records are submitted with
973	the certificate of compliance. Records of all required and
974	completed inspections shall be maintained at the building site
975	at all times and made available for review by the local building
976	official. The private provider shall report to the local
977	enforcement agency any condition that poses an immediate threat
978	to public safety and welfare.
979	(11)  No more than Within 2 business days after receipt of
980	a request for a certificate of occupancy or certificate of
981	completion and the applicant's presentation of a certificate of
982	compliance and approval of all other government approvals
983	required by law, the local building official shall issue the
984	certificate of occupancy or certificate of completion or provide
985	a notice to the applicant identifying the specific deficiencies,
986	as well as the specific code chapters and sections. If the local
987	building official does not provide notice of the deficiencies
988	within the prescribed 2-day period, the request for a
989	certificate of occupancy or certificate of completion shall be
990	deemed granted and the certificate of occupancy or certificate
991	of completion shall be issued by the local building official on
992	the next business day. To resolve any identified deficiencies,
993	the applicant may elect to dispute the deficiencies pursuant to
994	subsection (12) or to submit a corrected request for a
995	certificate of occupancy or certificate of completion.
996	(12)  If the local building official determines that the
997	building construction or plans do not comply with the applicable
998	codes, the official may deny the permit or request for a
999	certificate of occupancy or certificate of completion, as
1000	appropriate, or may issue a stop-work order for the project or
1001	any portion thereof as provided by law, if the official
1002	determines that such noncompliance poses a threat to public
1003	safety and welfare, subject to the following:
1004	(a)  The local building official shall be available to meet
1005	with the private provider within 2 business days to resolve any
1006	dispute after issuing a stop-work order or providing notice to
1007	the applicant denying a permit or request for a certificate of
1008	occupancy or certificate of completion.
1009	(b)  If the local building official and private provider
1010	are unable to resolve the dispute, the matter shall be referred
1011	to the local enforcement agency's board of appeals, if one
1012	exists, which shall consider the matter at its next scheduled
1013	meeting or sooner. Any decisions by the local enforcement
1014	agency's board of appeals, or local building official if there
1015	is no board of appeals, may be appealed to the commission as
1016	provided by this chapter pursuant to s. 553.77(1)(h).
1017	(c)  Notwithstanding any provision of this section, any
1018	decisions regarding the issuance of a building permit,
1019	certificate of occupancy, or certificate of completion may be
1020	reviewed by the local enforcement agency's board of appeals, if
1021	one exists. Any decision by the local enforcement agency's board
1022	of appeals, or local building official if there is no board of
1023	appeals, may be appealed to the commission as provided by this
1024	chapter pursuant to s. 553.77(1)(h), and the commission which
1025	shall consider the matter at its the commission's next scheduled
1026	meeting.
1027	(14)(a)  No local enforcement agency, local building
1028	official, or local government may adopt or enforce any laws,
1029	rules, procedures, policies, qualifications, or standards more
1030	stringent than those prescribed by this section.
1031	(b)  A local enforcement agency, local building official,
1032	or local government may establish, for private providers and
1033	duly authorized representatives working within that
1034	jurisdiction, a system of registration to verify compliance with
1035	the licensure requirements of paragraph (1)(g) and the insurance
1036	requirements of subsection (15).
1037	(c)  This section does not limit the authority of the local
1038	building official to issue a stop-work order for a building
1039	project or any portion of such project, as provided by law, if
1040	the official determines that a condition on the building site
1041	constitutes an immediate threat to public safety and welfare.
1042	(15)  A private provider may perform building code
1043	inspection services on a building project under this section
1044	only if the private provider maintains insurance for
1045	professional and comprehensive general liability covering with
1046	minimum policy limits of $1 million per occurrence relating to
1047	all services performed as a private provider. Such insurance
1048	shall have minimum policy limits of $1 million per occurrence
1049	and $2 million in the aggregate for any project having a
1050	construction cost of $5 million or less, $2 million per
1051	occurrence and $4 million in the aggregate for any project
1052	having a construction cost of over $5 million but less than $50
1053	million, and $5 million per occurrence and $5 million in the
1054	aggregate for any project having a construction cost of $50
1055	million or more. For these purposes, the term "construction
1056	cost" means the total cost of building construction as stated in
1057	the building permit application. If the private provider chooses
1058	to secure claims-made coverage to fulfill this requirement, the
1059	private provider must also maintain, including tail coverage for
1060	a minimum of 5 years subsequent to the performance of building
1061	code inspection services. The insurance required under this
1062	subsection may be written only by an insurer that is authorized
1063	to do business in this state and has a minimum A.M. Best's
1064	rating of "A." Before providing building code inspection
1065	services within a local building official's jurisdiction, a
1066	private provider must provide to the local building official a
1067	certificate of insurance evidencing that the coverages required
1068	under this subsection are in force.
1069	(17)  Each local building code enforcement agency may shall
1070	develop and maintain a process to audit the performance of
1071	building code inspection services by private providers operating
1072	within the local jurisdiction. Work on a building or structure
1073	may proceed after inspection and approval by a private provider
1074	if the provider has given notice of the inspection pursuant to
1075	subsection (8). Subsequent to such inspection and approval, the
1076	work may not be delayed for completion of an inspection audit by
1077	the local building code enforcement agency.
1078	Section 10.  Paragraph (d) of subsection (1) of section
1079	553.80, Florida Statutes, is amended, and subsections (7) and
1080	(8) are added to that section, to read:
1081	553.80  Enforcement.--
1082	(1)  Except as provided in paragraphs (a)-(f), each local
1083	government and each legally constituted enforcement district
1084	with statutory authority shall regulate building construction
1085	and, where authorized in the state agency's enabling
1086	legislation, each state agency shall enforce the Florida
1087	Building Code required by this part on all public or private
1088	buildings, structures, and facilities, unless such
1089	responsibility has been delegated to another unit of government
1090	pursuant to s. 553.79(9).
1091	(d)  Building plans approved pursuant to s. 553.77(3)(5)
1092	and state-approved manufactured buildings, including buildings
1093	manufactured and assembled offsite and not intended for
1094	habitation, such as lawn storage buildings and storage sheds,
1095	are exempt from local code enforcing agency plan reviews except
1096	for provisions of the code relating to erection, assembly, or
1097	construction at the site. Erection, assembly, and construction
1098	at the site are subject to local permitting and inspections.
1099
1100	The governing bodies of local governments may provide a schedule
1101	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1102	section, for the enforcement of the provisions of this part.
1103	Such fees shall be used solely for carrying out the local
1104	government's responsibilities in enforcing the Florida Building
1105	Code. The authority of state enforcing agencies to set fees for
1106	enforcement shall be derived from authority existing on July 1,
1107	1998. However, nothing contained in this subsection shall
1108	operate to limit such agencies from adjusting their fee schedule
1109	in conformance with existing authority.
1110	(7)  The governing bodies of local governments may provide
1111	a schedule of reasonable fees, as authorized by s. 125.56(2) or
1112	s. 166.222 and this section, for enforcing this part. These
1113	fees, and any fines or investment earnings related to the fees,
1114	shall be used solely for carrying out the local government's
1115	responsibilities in enforcing the Florida Building Code. When
1116	providing a schedule of reasonable fees, the total estimated
1117	annual revenue derived from fees, and the fines and investment
1118	earnings related to the fees, may not exceed the total estimated
1119	annual costs of allowable activities. Any unexpended balances
1120	shall be carried forward to future years for allowable
1121	activities or shall be refunded at the discretion of the local
1122	government. The basis for a fee structure for allowable
1123	activities shall relate to the level of service provided by the
1124	local government. Fees charged shall be consistently applied.
1125	(a)  As used in this subsection, the phrase "enforcing the
1126	Florida Building Code" includes the direct costs and reasonable
1127	indirect costs associated with review of building plans,
1128	building inspections, reinspections, building permit processing;
1129	building code enforcement; and fire inspections associated with
1130	new construction. The phrase may also include training costs
1131	associated with the enforcement of the Florida Building Code and
1132	enforcement action pertaining to unlicensed contractor activity
1133	to the extent not funded by other user fees.
1134	(b)  The following activities may not be funded with fees
1135	adopted for enforcing the Florida Building Code:
1136	1.  Planning and zoning or other general government
1137	activities.
1138	2.  Inspections of public buildings for a reduced fee or no
1139	fee.
1140	3.  Public information requests, community functions,
1141	boards, and any program not directly related to enforcement of
1142	the Florida Building Code.
1143	4.  Enforcement and implementation of any other local
1144	ordinance, excluding validly adopted local amendments to the
1145	Florida Building Code and excluding any local ordinance directly
1146	related to enforcing the Florida Building Code as defined in
1147	paragraph (a).
1148	(c)  A local government shall use recognized management,
1149	accounting, and oversight practices to ensure that fees, fines,
1150	and investment earnings generated under this subsection are
1151	maintained and allocated or used solely for the purposes
1152	described in paragraph (a).
1153	(8)  The Department of Agriculture and Consumer Services is
1154	not subject to local government permitting requirements, plan
1155	review, or inspection fees for agricultural structures, such as
1156	equipment storage sheds and pole barns that are not used by the
1157	public.
1158	Section 11.  Paragraph (c) is added to subsection (17) of
1159	section 120.80, Florida Statutes, to read:
1160	120.80  Exceptions and special requirements; agencies.--
1161	(17)  FLORIDA BUILDING COMMISSION.--
1162	(c)  Notwithstanding ss. 120.565, 120.569, and 120.57, the
1163	Florida Building Commission and hearing officer panels appointed
1164	by the commission in accordance with s. 553.775(3)(c)1. may
1165	conduct proceedings to review decisions of local building code
1166	officials in accordance with s. 553.775(3)(c).
1167	Section 12.  Section 553.841, Florida Statutes, is amended
1168	to read:
1169	(Substantial rewording of section. See
1170	s. 533.841, F.S., for present text.)
1171	553.841  Building code education and outreach program.--
1172	(1)  The Legislature finds that the effectiveness of the
1173	building codes of this state depends on the performance of all
1174	participants, as demonstrated through knowledge of the codes and
1175	commitment to compliance with code directives, and that to
1176	strengthen compliance by industry and enforcement by government,
1177	a building code education and outreach program is needed.
1178	(2)  There is created the Building Code Education and
1179	Outreach Council to coordinate, develop, and maintain education
1180	and outreach to ensure administration and enforcement of the
1181	Florida Building Code.
1182	(3)  The Building Code Education and Outreach Council shall
1183	be composed of the following members:
1184	(a)  Three representatives of the Florida Building
1185	Commission, one of whom shall have accessibility expertise,
1186	selected by the commission;
1187	(b)  One representative of the Florida Building Code
1188	Administrators and Inspectors Board, selected by that board;
1189	(c)  One representative of the Construction Industry
1190	Licensing Board, selected by that board;
1191	(d)  One representative of the Electrical Contractors
1192	Licensing Board, selected by that board;
1193	(e)  One representative of the Florida Board of
1194	Professional Engineers, selected by that board;
1195	(f)  One architect representative of the Board of
1196	Architecture and Interior Design, selected by that board;
1197	(g)  One interior designer representative of the Board of
1198	Architecture and Interior Design, selected by that board;
1199	(h)  One representative of the Board of Landscape
1200	Architecture, selected by that board; and
1201	(i)  One representative from the office of the State Fire
1202	Marshal, selected by that office.
1203
1204	Each member of the board shall be appointed to a 2-year term and
1205	may be reappointed at the discretion of the appointing body. A
1206	chair shall be elected by majority vote of the council and shall
1207	serve a term of 1 year.
1208	(4)  The Building Code Education and Outreach Council shall
1209	meet in Tallahassee no more than semiannually. The council may
1210	meet more often but not more than monthly, and such additional
1211	meetings shall be by telephone conference call. Travel costs, if
1212	any, shall be borne by the respective appointing entity. The
1213	Department of Community Affairs shall provide administrative
1214	support and may contract with an entity that has previous
1215	experience with building code training, development, and
1216	coordination to provide administrative support for the council.
1217	(5)  The Building Code Education and Outreach Council
1218	shall:
1219	(a)  Consider and determine any policies or procedures
1220	needed to administer ss. 489.109(3) and 489.509(3).
1221	(b)  Administer the provisions of this section.
1222	(c)  Determine the areas of priority for which funds should
1223	be expended for education and outreach.
1224	(d)  Review all proposed subjects for advanced courses
1225	concerning the Florida Building Code and recommend to the
1226	commission any related subjects that should be approved for
1227	advanced courses.
1228	(6)  The Building Code Education and Outreach Council shall
1229	maintain, update, and develop or cause to be developed:
1230	(a)  A core curriculum that is prerequisite to the advanced
1231	module coursework.
1232	(b)  Advanced modules designed for use by each profession.
1233	(c)  The core curriculum developed under this subsection
1234	must be approved by the commission and submitted to the
1235	Department of Business and Professional Regulation for approval.
1236	Advanced modules developed under this paragraph must be approved
1237	by the commission and submitted to the respective boards for
1238	approval.
1239	(7)  The core curriculum shall cover the information
1240	required to have all categories of participants appropriately
1241	informed as to their technical and administrative
1242	responsibilities in the effective execution of the code process
1243	by all individuals currently licensed under part XII of chapter
1244	468, chapter 471, chapter 481, or chapter 489, except as
1245	otherwise provided in s. 471.017. The core curriculum shall be
1246	prerequisite to the advanced module coursework for all licensees
1247	and shall be completed by individuals licensed in all categories
1248	under part XII of chapter 468, chapter 471, chapter 481, or
1249	chapter 489 within the first 2-year period after initial
1250	licensure. Core course hours taken by licensees to complete this
1251	requirement shall count toward fulfillment of required
1252	continuing education units under part XII of chapter 468,
1253	chapter 471, chapter 481, or chapter 489.
1254	(8)  Each biennium, upon receipt of funds by the Department
1255	of Community Affairs from the Construction Industry Licensing
1256	Board and the Electrical Contractors' Licensing Board provided
1257	under ss. 489.109(3) and 489.509(3), the council shall determine
1258	the amount of funds available for education and outreach
1259	projects from the proceeds of contractor licensing fees and
1260	identify, solicit, and accept funds from other sources for
1261	education and outreach projects.
1262	(9)  If funds collected for education and outreach projects
1263	in any year do not require the use of all available funds, the
1264	unused funds shall be carried forward and allocated for use
1265	during the following fiscal year.
1266	(10)  The commission shall consider and approve or reject
1267	the recommendations made by the council for subjects for
1268	education and outreach concerning the Florida Building Code. Any
1269	rejection must be made with specificity and must be communicated
1270	to the council.
1271	(11)  The commission shall adopt rules for establishing
1272	procedures and criteria for the approval of advanced courses.
1273	This section does not modify or eliminate the continuing
1274	education course requirements or authority of any licensing
1275	board under part XII of chapter 468, chapter 471, chapter 481,
1276	or chapter 489.
1277	Section 13.  Section 553.8413, Florida Statutes, is
1278	repealed.
1279	Section 14.  Subsections (6) through (16) of section
1280	553.842, Florida Statutes, are renumbered as subsections (5)
1281	through (15), respectively, and present subsections (3) through
1282	(8), paragraph (a) of subsection (9), and subsection (16) of
1283	section 553.842, Florida Statutes, are amended to read:
1284	553.842  Product evaluation and approval.--
1285	(3)  Products or methods or systems of construction that
1286	require approval under s. 553.77, that have standardized testing
1287	or comparative or rational analysis methods established by the
1288	code, and that are certified by an approved product evaluation
1289	entity, testing laboratory, or certification agency as complying
1290	with the standards specified by the code shall be approved for
1291	local or statewide use. Products required to be approved for
1292	statewide use shall be approved by one of the methods
1293	established in subsection (5) (6) without further evaluation.
1294	(4)  By October 1, 2003, Products or methods or systems of
1295	construction requiring approval under s. 553.77 must be approved
1296	by one of the methods established in subsection (5) or
1297	subsection (6) before their use in construction in this state.
1298	Products may be approved either by the commission for statewide
1299	use, or by a local building department for use in that
1300	department's jurisdiction only. Notwithstanding a local
1301	government's authority to amend the Florida Building Code as
1302	provided in this act, statewide approval shall preclude local
1303	jurisdictions from requiring further testing, evaluation, or
1304	submission of other evidence as a condition of using the product
1305	so long as the product is being used consistent with the
1306	conditions of its approval.
1307	(5)  Local approval of products or methods or systems of
1308	construction may be achieved by the local building official
1309	through building plans review and inspection to determine that
1310	the product, method, or system of construction complies with the
1311	prescriptive standards established in the code. Alternatively,
1312	local approval may be achieved by one of the methods established
1313	in subsection (6).
1314	(5)(6)  Statewide or local approval of products, methods,
1315	or systems of construction may be achieved by one of the
1316	following methods. One of these methods must be used by local
1317	officials or the commission to approve the following categories
1318	of products: panel walls, exterior doors, roofing, skylights,
1319	windows, shutters, and structural components as established by
1320	the commission by rule.
1321	(a)  Products for which the code establishes standardized
1322	testing or comparative or rational analysis methods shall be
1323	approved by submittal and validation of one of the following
1324	reports or listings indicating that the product or method or
1325	system of construction was evaluated to be in compliance with
1326	the Florida Building Code and that the product or method or
1327	system of construction is, for the purpose intended, at least
1328	equivalent to that required by the Florida Building Code:
1329	1.  A certification mark or listing of an approved
1330	certification agency;
1331	2.  A test report from an approved testing laboratory;
1332	3.  A product evaluation report based upon testing or
1333	comparative or rational analysis, or a combination thereof, from
1334	an approved product evaluation entity; or
1335	4.  A product evaluation report based upon testing or
1336	comparative or rational analysis, or a combination thereof,
1337	developed and signed and sealed by a professional engineer or
1338	architect, licensed in this state.
1339
1340	A product evaluation report or a certification mark or listing
1341	of an approved certification agency which demonstrates that the
1342	product or method or system of construction complies with the
1343	Florida Building Code for the purpose intended shall be
1344	equivalent to a test report and test procedure as referenced in
1345	the Florida Building Code.
1346	(b)  Products, methods, or systems of construction for
1347	which there are no specific standardized testing or comparative
1348	or rational analysis methods established in the code may be
1349	approved by submittal and validation of one of the following:
1350	1.  A product evaluation report based upon testing or
1351	comparative or rational analysis, or a combination thereof, from
1352	an approved product evaluation entity indicating that the
1353	product or method or system of construction was evaluated to be
1354	in compliance with the intent of the Florida Building Code and
1355	that the product or method or system of construction is, for the
1356	purpose intended, at least equivalent to that required by the
1357	Florida Building Code; or
1358	2.  A product evaluation report based upon testing or
1359	comparative or rational analysis, or a combination thereof,
1360	developed and signed and sealed by a professional engineer or
1361	architect, licensed in this state, who certifies that the
1362	product or method or system of construction is, for the purpose
1363	intended, at least equivalent to that required by the Florida
1364	Building Code.
1365	(6)(7)  The commission shall ensure that product
1366	manufacturers that obtain statewide product approval operate
1367	quality assurance programs for all approved products. The
1368	commission shall adopt by rule criteria for operation of the
1369	quality assurance programs.
1370	(7)(8)  For local approvals, validation shall be performed
1371	by the local building official. The commission shall adopt by
1372	rule criteria constituting complete validation by the local
1373	official, including, but not limited to, criteria governing
1374	verification of a quality assurance program. For state
1375	approvals, validation shall be performed by validation entities
1376	approved by the commission. The commission shall adopt by rule
1377	criteria for approval of validation entities, which shall be
1378	third-party entities independent of the product's manufacturer
1379	and which shall certify to the commission the product's
1380	compliance with the code. Products bearing a certification mark
1381	or listing from an approved certification agency shall be
1382	validated by inspection of the certification mark or listing.
1383	(8)(9)  The commission may adopt rules to approve the
1384	following types of entities that produce information on which
1385	product approvals are based. All of the following entities,
1386	including engineers and architects, must comply with a
1387	nationally recognized standard demonstrating independence or no
1388	conflict of interest:
1389	(a)  Evaluation entities that meet the criteria for
1390	approval adopted by the commission by rule. The commission shall
1391	specifically approve the National Evaluation Service, the
1392	International Conference of Building Officials Evaluation
1393	Services, the International Code Council Evaluation Services,
1394	the Building Officials and Code Administrators International
1395	Evaluation Services, the Southern Building Code Congress
1396	International Evaluation Services, and the Miami-Dade County
1397	Building Code Compliance Office Product Control. Architects and
1398	engineers licensed in this state are also approved to conduct
1399	product evaluations as provided in subsection (5) (6).
1400	(15)(16)  The commission may adopt by rule a list of
1401	prescriptive, material standards and alternative means by which
1402	products subject to such standards may demonstrate compliance
1403	with the code shall establish a schedule for adoption of the
1404	rules required in this section to ensure that the product
1405	manufacturing industry has sufficient time to revise products to
1406	meet the requirements for approval and submit them for testing
1407	or evaluation before the system takes effect on October 1, 2003,
1408	and to ensure that the availability of statewide approval is not
1409	delayed.
1410	Section 15.  Section 633.026, Florida Statutes, is created
1411	to read:
1412	633.026  Informal interpretations of the Florida Fire
1413	Prevention Code.--The Division of State Fire Marshal shall by
1414	rule establish an informal process of rendering nonbinding
1415	interpretations of the Florida Fire Prevention Code. The
1416	Division of State Fire Marshal may contract with and refer
1417	interpretive issues to a nonprofit organization that has
1418	experience in interpreting and enforcing provisions of the
1419	Florida Fire Prevention Code. The Division of State Fire Marshal
1420	shall immediately implement the process prior to the completion
1421	of formal rulemaking. It is the intent of the Legislature that
1422	the Division of State Fire Marshal create a process to refer
1423	questions to a small group of individuals certified under s.
1424	633.081(2), to which a party can pose questions regarding the
1425	interpretation of code provisions. It is the intent of the
1426	Legislature that the process provide for the expeditious
1427	resolution of the issues presented and publication of the
1428	resulting interpretation on the website of the Division of State
1429	Fire Marshal. It is the intent of the Legislature that this
1430	program be similar to the program established by the Florida
1431	Building Commission in s. 553.77(7). Such interpretations shall
1432	be advisory only and nonbinding on the parties or the State Fire
1433	Marshal. This program shall be funded from the Insurance
1434	Regulatory Trust Fund.
1435	Section 16.  Local product approval.--
1436	(1)  For local product approval, products or systems of
1437	construction shall demonstrate compliance with the structural
1438	windload requirements of the Florida Building Code through one
1439	of the following methods:
1440	(a)  A certification mark, listing, or label from a
1441	commission-approved certification agency indicating that the
1442	product complies with the code;
1443	(b)  A test report from a commission-approved testing
1444	laboratory indicating that the product tested complies with the
1445	code;
1446	(c)  A product-evaluation report based upon testing,
1447	comparative or rational analysis, or a combination thereof, from
1448	a commission-approved product evaluation entity which indicates
1449	that the product evaluated complies with the code;
1450	(d)  A product-evaluation report or certification based
1451	upon testing or comparative or rational analysis, or a
1452	combination thereof, developed and signed and sealed by a
1453	Florida professional engineer or Florida registered architect,
1454	which indicates that the product complies with the code; or
1455	(e)  A statewide product approval issued by the Florida
1456	Building Commission.
1457	(f)  Designation of compliance with a prescriptive,
1458	material standard as adopted by the commission by rule pursuant
1459	to s. 553.842(16), Florida Statutes.
1460	(2)  For product-evaluation reports that indicate
1461	compliance with the code based upon a test report from an
1462	approved testing laboratory and rational or comparative analysis
1463	by a Florida registered architect or Florida professional
1464	engineer, the testing laboratory or the evaluating architect or
1465	engineer must certify independence from the product
1466	manufacturer.
1467	(3)  Local building officials may accept modifications to
1468	approved products or their installations if sufficient evidence
1469	is submitted to the local building official to demonstrate
1470	compliance with the code or the intent of the code, including
1471	such evidence as certifications from a Florida registered
1472	architect or Florida professional engineer.
1473	(4)  Products demonstrating compliance shall be
1474	manufactured under a quality assurance program audited by an
1475	approved quality assurance entity.
1476	(5)  Products bearing a certification mark, label, or
1477	listing by an approved certification agency require no further
1478	documentation to establish compliance with the code.
1479	(6)  Upon review of the compliance documentation, the
1480	authority having jurisdiction or a local building official shall
1481	deem the product approved for use in accordance with its
1482	approval and limitation of use.
1483	(7)  Approval shall be valid until such time as the product
1484	changes and decreases in performance; the standards of the code
1485	change, requiring increased performance; or the approval is
1486	otherwise suspended or revoked. Changes to the code do not void
1487	the approval of products previously installed in existing
1488	buildings if such products met building code requirements at the
1489	time the product was installed.
1490	Section 17.  Window or door coverings in essential
1491	facilities; impact-resistance standards.--
1492	(1)  Beginning July 1, 2005, the construction of a new or
1493	retrofitted window or door covering in a facility that is an
1494	essential facility as defined in ASTM Level E 1996-04, paragraph
1495	6.2.1.1. which construction is funded by a grant of state or
1496	federal funds must meet the requirements of ASTM Level E 1996-04
1497	for impact protection.
1498	(2)  Installation of such construction must conform to
1499	design drawings that are signed, sealed, and inspected by a
1500	structural engineer who is registered in this state.
1501	(3)  If such construction is funded under the Hazardous
1502	Mitigation Grant Program (HMGP), the Department of Community
1503	Affairs shall advise the county, municipality, or other entity
1504	applying for the HMGP funds that cost or price for the project
1505	shall not be the sole criteria for selecting a vendor.
1506	(4)  As used in this section, the term "essential
1507	facilities" means buildings and other structures designated as
1508	essential facilities, including, but not limited to, hospitals
1509	and other health care facilities that have surgery or emergency-
1510	treatment facilities; fire, rescue, and police stations and
1511	emergency-vehicle garages; designated emergency shelters;
1512	communications centers and other facilities required for
1513	emergency response; power generating stations and other public-
1514	utility facilities required in an emergency; and buildings and
1515	other structures that have critical national defense functions.
1516	Section 18.  Subsections (5), (14), and (18) of section
1517	633.021, Florida Statutes, are amended to read:
1518	633.021  Definitions.--As used in this chapter:
1519	(5)(a)  "Contractor I" means a contractor whose business
1520	includes the execution of contracts requiring the ability to lay
1521	out, fabricate, install, inspect, alter, repair, and service all
1522	types of fire protection systems, excluding preengineered
1523	systems.
1524	(b)  "Contractor II" means a contractor whose business is
1525	limited to the execution of contracts requiring the ability to
1526	lay out, fabricate, install, inspect, alter, repair, and service
1527	water sprinkler systems, water spray systems, foam-water
1528	sprinkler systems, foam-water spray systems, standpipes,
1529	combination standpipes and sprinkler risers, all piping that is
1530	an integral part of the system beginning at the point of service
1531	as defined in this section where the piping is used exclusively
1532	for fire protection, sprinkler tank heaters, air lines, thermal
1533	systems used in connection with sprinklers, and tanks and pumps
1534	connected thereto, excluding preengineered systems.
1535	(c)  "Contractor III" means a contractor whose business is
1536	limited to the execution of contracts requiring the ability to
1537	lay out, fabricate, install, inspect, alter, repair, and service
1538	CO2 systems, foam extinguishing systems, dry chemical systems,
1539	and Halon and other chemical systems, excluding preengineered
1540	systems.
1541	(d)  "Contractor IV" means a contractor whose business is
1542	limited to the execution of contracts requiring the ability to
1543	lay out, fabricate, install, inspect, alter, repair, and service
1544	automatic fire sprinkler systems for detached one-family
1545	dwellings, detached two-family dwellings, and mobile homes,
1546	excluding preengineered systems and excluding single-family
1547	homes in cluster units, such as apartments, condominiums, and
1548	assisted living facilities or any building that is connected to
1549	other dwellings.
1550	(e)  "Contractor V" means a contractor whose business is
1551	limited to the execution of contracts requiring the ability to
1552	lay out, fabricate, install, inspect, alter, repair, and service
1553	the underground piping for a fire protection system using water
1554	as the extinguishing agent beginning at the point of service as
1555	defined in this act at which the piping is used exclusively for
1556	fire protection and ending no more than 1 foot above the
1557	finished floor.
1558
1559	The definitions in this subsection must not be construed to
1560	include fire protection engineers or architects and do not limit
1561	or prohibit a licensed fire protection engineer or architect
1562	from designing any type of fire protection system. A distinction
1563	is made between system design concepts prepared by the design
1564	professional and system layout as defined in this section and
1565	typically prepared by the contractor. However, persons certified
1566	as a Contractor I, Contractor II, or Contractor IV under this
1567	chapter may design fire protection systems of 49 or fewer
1568	sprinklers heads, and may design the alteration of an existing
1569	fire sprinkler system if the alteration consists of the
1570	relocation, addition, or deletion of not more than 49 sprinklers
1571	heads, notwithstanding the size of the existing fire sprinkler
1572	system. A Contractor I, Contractor II, or Contractor IV may
1573	design a fire protection system the scope of which complies with
1574	NFPA 13D, Standard for the Installation of Sprinkler Systems in
1575	One- and Two-Family Dwellings and Manufactured Homes, as adopted
1576	by the State Fire Marshal, notwithstanding the number of fire
1577	sprinklers. Contractor-developed Such plans may not be required
1578	by any local permitting authority to be sealed by a registered
1579	professional engineer.
1580	(14)  "Layout" as used in this chapter means the layout of
1581	risers, cross mains, branch lines, sprinkler heads, sizing of
1582	pipe, hanger locations, and hydraulic calculations in accordance
1583	with the design concepts established through the provisions of
1584	the Responsibility Rules adopted by the Board of Professional
1585	Engineers or such other standards as the State Fire Marshal
1586	adopts which provide comparable design concepts s. 553.79(6)(c).
1587	(18)  "Point-of-service" means the point at which the
1588	underground piping for a fire protection sprinkler system as
1589	defined in this section using water as the extinguishing agent
1590	becomes used exclusively for the fire protection sprinkler
1591	system. The point-of-service is designated by the engineer who
1592	sealed the plans for a system of 50 or more heads or by the
1593	contractor who designed the plans for a system of 49 or fewer
1594	heads.
1595	Section 19.  Subsection (11) is added to section 633.0215,
1596	Florida Statutes, to read:
1597	633.0215  Florida Fire Prevention Code.--
1598	(11)  The design of interior stairways within dwelling
1599	units, including stair tread width and riser height, landings,
1600	handrails, and guards, must be consistent with chapter 10 of the
1601	Florida Building Code.
1602	Section 20.  Section 633.071, Florida Statutes, is amended
1603	to read:
1604	633.071  Standard service tag required on all fire
1605	extinguishers and preengineered systems; serial number required
1606	on all portable fire extinguishers; standard inspection tags
1607	required on all fire protection systems.--
1608	(1)  The State Fire Marshal shall adopt by rule
1609	specifications as to the size, shape, color, and information and
1610	data contained thereon of service tags to be attached to all
1611	fire extinguishers and preengineered systems required by statute
1612	or by rule, whether they be portable, stationary, or on wheels
1613	when they are placed in service, installed, serviced, repaired,
1614	tested, recharged, or inspected. Fire extinguishers may be
1615	tagged only after meeting all standards as set forth by this
1616	chapter, the standards of the National Fire Protection
1617	Association, and manufacturer's specifications. Preengineered
1618	systems may be tagged only after a system has been inspected,
1619	serviced, installed, repaired, tested, recharged, and
1620	hydrotested in compliance with this chapter, the standards of
1621	the National Fire Protection Association, and the manufacturer's
1622	specifications, and after a report, as specified by rule, has
1623	been completed in detail, indicating any and all deficiencies or
1624	deviations from the manufacturer's specifications and the
1625	standards of the National Fire Protection Association. A copy of
1626	the inspection report shall be provided to the owner at the time
1627	of inspection, and, if a system is found to be in violation of
1628	this chapter, the manufacturer's specifications, or the
1629	standards of the National Fire Protection Association, a copy
1630	shall be forwarded to the state or local authority having
1631	jurisdiction within 30 days from the date of service. It shall
1632	be unlawful to place in service, service, test, repair, inspect,
1633	install, hydrotest, or recharge any fire extinguisher or
1634	preengineered system without attaching one of these tags
1635	completed in detail, including the actual month work was
1636	performed, or to use a tag not meeting the specifications set
1637	forth by the State Fire Marshal.
1638	(2)  All portable fire extinguishers required by statute or
1639	by rule shall be listed by Underwriters Laboratories, Inc., or
1640	approved by Factory Mutual Laboratories, Inc., or listed by a
1641	nationally recognized testing laboratory in accordance with
1642	procedures adopted pursuant to s. 633.083(2), and carry an
1643	Underwriters Laboratories, Inc., or manufacturer's serial
1644	number. These listings, approvals, and serial numbers may be
1645	stamped on the manufacturer's identification and instructions
1646	plate or on a separate Underwriters Laboratories, Inc., or
1647	Factory Mutual Laboratories, Inc., plate soldered or attached to
1648	the extinguisher shell in some permanent manner.
1649	(3)  The State Fire Marshal shall adopt by rule
1650	specifications as to the size, shape, color, information, and
1651	data contained thereon of inspection tags to be attached to all
1652	types of fire protection systems and information required on an
1653	inspection report of such an inspection.
1654	Section 21.  Section 633.082, Florida Statutes, is amended
1655	to read:
1656	633.082  Inspection of fire control systems and fire
1657	protection systems.--
1658	(1)  The State Fire Marshal shall have the right to inspect
1659	any fire control system during and after construction to
1660	determine that such system meets the standards set forth in the
1661	laws and rules of the state.
1662	(2)  Fire protection systems installed in public and
1663	private properties, except one-family or two-family dwellings,
1664	in this state shall be inspected following procedures
1665	established in the nationally recognized inspection, testing,
1666	and maintenance standard NFPA-25 as set forth in the edition
1667	adopted by the State Fire Marshal. Quarterly, annual, 3-year,
1668	and 5-year inspections consistent with the contractual
1669	provisions with the owner shall be conducted by the
1670	certificateholder or permittees employed by the
1671	certificateholder pursuant to s. 633.521.
1672	(3)  The inspecting contractor shall provide to the
1673	building owner and the local authority having jurisdiction a
1674	copy of the inspection report established under s. 633.071(3).
1675	The maintenance of fire protection systems as well as corrective
1676	actions on deficient systems is the responsibility of the owner
1677	of the system or hydrant. This section does not prohibit
1678	governmental entities from inspecting and enforcing firesafety
1679	codes.
1680	Section 22.  Section 633.521, Florida Statutes, is amended
1681	to read:
1682	633.521  Certificate application and issuance; permit
1683	issuance; examination and investigation of applicant.--
1684	(1)  To obtain a certificate, an applicant shall submit to
1685	the State Fire Marshal an application in writing, on a form
1686	provided by the State Fire Marshal containing the information
1687	prescribed, which shall be accompanied by the fee fixed herein,
1688	containing a statement that the applicant desires the issuance
1689	of a certificate and stating the class of certificate requested.
1690	(2)(a)  Examinations shall be administered by the State
1691	Fire Marshal and held at times and places within the state as
1692	the State Fire Marshal determines, but there shall be at least
1693	two examinations a year. Each applicant shall take and pass an
1694	objective, written examination of her or his fitness for a
1695	certificate in the class for which the application is requested.
1696	There shall be a type of examination for each of the classes of
1697	certificates defined in s. 633.021(5). The examination shall
1698	test the applicant's ability to lay out, fabricate, install,
1699	alter, repair, and inspect fire protection systems and their
1700	appurtenances and shall test the applicant's fitness in business
1701	and financial management. The test shall be based on applicable
1702	standards of the National Fire Protection Association and on
1703	relevant Florida and federal laws pertaining to the construction
1704	industry, safety standards, administrative procedures, and
1705	pertinent technical data.
1706	(b)  A passing grade on the examination is 70 percent, and
1707	such examinations may be developed by an independent
1708	professional testing agency. The tests shall be prepared,
1709	administered, and scored in compliance with generally accepted
1710	professional testing standards.
1711	(c)  The division shall solicit suggestions from affected
1712	persons regarding the content of examinations.
1713	(d)  A reexamination may not be scheduled sooner than 30
1714	days after any administration of an examination to an applicant.
1715	(e)  An applicant may not be examined more than four times
1716	during 1 year for certification as a contractor pursuant to this
1717	section unless the person is or has been certified and is taking
1718	the examination to change classifications. If an applicant does
1719	not pass one or more parts of the examination, she or he may
1720	take any part of the examination three more times during the 1-
1721	year period beginning upon the date she or he originally filed
1722	an application to take the examination. If the applicant does
1723	not pass the examination within that 1-year period, she or he
1724	must file a new application and pay the application and
1725	examination fees in order to take the examination or a part of
1726	the examination again. However, the applicant may not file a new
1727	application sooner than 6 months after the date of her or his
1728	last examination.
1729	(3)  As a prerequisite to taking the examination for
1730	certification as a Contractor I, Contractor II, or Contractor
1731	III, the applicant must be at least 18 years of age, be of good
1732	moral character, and shall possess 4 years' proven experience in
1733	the employment of a fire protection system Contractor I,
1734	Contractor II, or Contractor III or a combination of equivalent
1735	education and experience. As a prerequisite to taking the
1736	examination for certification as a Contractor IV, the applicant
1737	shall be at least 18 years old, be of good moral character, and
1738	have at least 2 years' proven experience in the employment of a
1739	fire protection system Contractor I, Contractor II, Contractor
1740	III, or Contractor IV or combination of equivalent education and
1741	experience which combination need not include experience in the
1742	employment of a fire protection system contractor. As a
1743	prerequisite to taking the examination for certification as a
1744	Contractor V, the applicant shall be at least 18 years old, be
1745	of good moral character, and have been licensed as a certified
1746	underground utility and excavation contractor or plumbing
1747	contractor pursuant to chapter 489, have verification by an
1748	individual who is licensed as a certified utility contractor
1749	pursuant to chapter 489 that the applicant has 4 years' proven
1750	experience in the employ of a certified underground utility and
1751	excavation contractor or plumbing contractor, or have a
1752	combination of education and experience equivalent to 4 years'
1753	proven experience in the employ of a certified underground
1754	utility and excavation contractor or plumbing contractor. Within
1755	30 days after from the date of the examination, the State Fire
1756	Marshal shall inform the applicant in writing whether she or he
1757	has qualified or not and, if the applicant has qualified, that
1758	she or he is ready to issue a certificate of competency, subject
1759	to compliance with the requirements of subsection (4).
1760	(4)  As a prerequisite to issuance of a certificate, the
1761	State Fire Marshal shall require the applicant to submit
1762	satisfactory evidence that she or he has obtained insurance
1763	providing coverage for comprehensive general liability for
1764	bodily injury and property damages, products liability,
1765	completed operations, and contractual liability. The State Fire
1766	Marshal may adopt rules providing for the amount of insurance,
1767	but such amount shall not be less than $500,000 for a Contractor
1768	I, Contractor II, Contractor III, or Contractor V and shall not
1769	be less than $250,000 for a Contractor IV. An insurer which
1770	provides such coverage shall notify within 30 days the State
1771	Fire Marshal of any material change in coverage or any
1772	termination, cancellation, or nonrenewal of such coverage. An
1773	insurer which fails to so notify the State Fire Marshal's office
1774	shall be subject to the penalties provided under s. 624.4211.
1775	(5)  Upon satisfaction of the requirements of subsections
1776	(1), (2), (3), and (4), the certificate shall be issued
1777	forthwith. However, no certificate shall remain in effect if,
1778	after issuance, the certificateholder fails to maintain the
1779	insurance coverage required by this section.
1780	(6)  If an applicant for an original certificate, after
1781	having been notified to do so, does not appear for examination
1782	or does not pass the examination within 1 year from the date of
1783	filing her or his application, the fee paid by the applicant
1784	shall be forfeited. New applications for a certificate shall be
1785	accompanied by another application fee fixed by this chapter.
1786	(7)  The State Fire Marshal may, at any time subsequent to
1787	the issuance of the certificate or its renewal, require, upon
1788	demand and in no event more than 30 days after notice of the
1789	demand, the certificateholder to provide proof of insurance
1790	coverage on a form provided by the State Fire Marshal containing
1791	confirmation of insurance coverage as required by this chapter.
1792	Failure to provide proof of insurance coverage as required, for
1793	any length of time, shall result in the immediate suspension of
1794	the certificate until proof of insurance is provided to the
1795	State Fire Marshal.
1796	(8)  An individual employed by a Contractor I or Contractor
1797	II certificateholder, as established in this section, who will
1798	be inspecting water-based fire protection systems as required
1799	under s. 633.082, must be issued a permit by the State Fire
1800	Marshal to conduct such work. The permit is valid solely for use
1801	by the holder thereof in his or her employment by the
1802	certificateholder named in the permit. A permittee must have a
1803	valid and subsisting permit upon his or her person at all times
1804	while engaging in inspecting fire protection systems, and a
1805	permitholder must be able to produce such a permit upon demand.
1806	In addition, a permittee shall, at all times while performing
1807	inspections, carry an identification card containing his or her
1808	photograph and other identifying information as prescribed by
1809	the State Fire Marshal, and the permittee must produce the
1810	identification card and information upon demand. The permit and
1811	the identification may be one and the same. A permittee is
1812	limited as to the specific type of work performed, depending
1813	upon the class of certificate held by the certificateholder
1814	under whom the permittee is working. The permit class shall be
1815	known as a Water-Based Fire Protection Inspector whose permit
1816	allows the holder to inspect water sprinkler systems, water
1817	spray systems, foam-water sprinkler systems, foam-water spray
1818	systems, standpipes, combination standpipes and sprinkler
1819	systems, all piping that is an integral part of the system
1820	beginning at the point where the piping is used exclusively for
1821	fire protection, sprinkler tank heaters, air lines, thermal
1822	systems used in connection with sprinklers, and tanks and pumps
1823	connected thereto, excluding preengineered systems. It is the
1824	intent of the Legislature that the inspections and testing of
1825	automatic fire sprinkler systems for detached one-family
1826	dwellings, detached two-family dwellings, and mobile homes be
1827	accomplished by the owner, who is responsible for requesting
1828	service from a contractor when necessary. It is further intended
1829	that the NFPA-25 inspection of exposed underground piping
1830	supplying a fire protection system be conducted by a Contractor
1831	I or Contractor II.
1832	(9)  Effective July 1, 2008, the State Fire Marshal shall
1833	require the National Institute of Certification in Engineering
1834	Technologies (NICET), Sub-field of Inspection and Testing of
1835	Fire Protection Systems Level II or equivalent training and
1836	education as determined by the division as proof that the
1837	permitholders are knowledgeable about nationally accepted
1838	standards for the inspection of fire protection systems. It is
1839	the intent of this act, from July 1, 2005, until July 1, 2008,
1840	to accept continuing education of all certificateholders'
1841	employees who perform inspection functions which specifically
1842	prepares the permitholder to qualify for NICET II certification.
1843	Section 23.  Section 633.524, Florida Statutes, is amended
1844	to read:
1845	633.524  Certificate and permit fees; use and deposit of
1846	collected funds.--
1847	(1)  The initial application fee for each class of
1848	certificate shall be $300. The biennial renewal fee for each
1849	class of certificate shall be $150 $250. The initial application
1850	fee for the permit classification shall be $100. The biennial
1851	renewal fee for the permit classification shall be $50. The fee
1852	for certificates issued as duplicates or to reflect a change of
1853	address is $15 shall be $5 each. The fee for each examination or
1854	reexamination for each class of certificate scheduled shall be
1855	$100.
1856	(2)  All moneys collected by the State Fire Marshal
1857	pursuant to this chapter are hereby appropriated for the use of
1858	the State Fire Marshal in the administration of this chapter and
1859	shall be deposited in the Insurance Regulatory Trust Fund.
1860	Section 24.  Subsection (4) is added to section 633.537,
1861	Florida Statutes, to read:
1862	633.537  Certificate; expiration; renewal; inactive
1863	certificate; continuing education.--
1864	(4)  The renewal period for the permit class is the same as
1865	that of the employing certificateholder. The continuing
1866	education requirements for permitholders shall be 8 contact
1867	hours by June 30, 2006. An additional 16 contact hours of
1868	continuing education is required by June 30, 2008, and during
1869	each biennial renewal period thereafter. The continuing
1870	education curriculum from July 1, 2005, until July 1, 2008,
1871	shall be the preparatory curriculum for NICET II certification;
1872	after July 1, 2008, the technical curriculum is at the
1873	discretion of the State Fire Marshal. It is the responsibility
1874	of the permitholder to maintain NICET II certification as a
1875	condition of permit renewal after July 1, 2008.
1876	Section 25.  Subsection (2) of section 633.539, Florida
1877	Statutes, is amended, and subsections (3) and (4) are added to
1878	said section, to read:
1879	633.539  Requirements for installation, inspection, and
1880	maintenance of fire protection systems.--
1881	(2)  Equipment shall be inspected, serviced, and maintained
1882	in accordance with the manufacturer's maintenance procedures and
1883	with applicable National Fire Protection Association standards.
1884	The inspection of fire protection systems shall be conducted by
1885	a certificateholder or holder of a permit issued by the State
1886	Fire Marshal. The permitholder may perform inspections on fire
1887	protection systems only while employed by the certificateholder.
1888	This section does not prohibit the authority having jurisdiction
1889	or insurance company representatives from reviewing the system
1890	in accordance with acceptable oversight standards.
1891	(3)  For contracts written after June 30, 2005, the
1892	contractor who installs the underground from the point of
1893	service is responsible for completing the installation to the
1894	aboveground connection flange, which by definition in this
1895	chapter is no more than 1 foot above the finished floor, before
1896	completing the Contractor's Material and Test Certificate for
1897	Underground Piping document. Aboveground contractors may not
1898	complete the Contractor's Material and Test Certificate for
1899	Underground Piping document for underground piping or portions
1900	thereof which have been installed by others.
1901	(4)  The Contractor V may install the cross-connection
1902	backflow prevention device as defined in this chapter on new
1903	installations and only when the specific backflow prevention
1904	device is included in the system hydraulic calculations. The
1905	retrofitting of a backflow device on an existing fire protection
1906	system will cause a reduction in available water pressure and
1907	probable system malfunction. The development of aboveground fire
1908	protection system hydraulic calculations is a task of the
1909	Contractor I and II, as defined in this chapter. Accordingly, a
1910	Contractor V is expressly prohibited from retrofitting cross-
1911	connection backflow prevention devices on an existing fire
1912	protection system, and only a Contractor I or Contractor II who
1913	is tasked to recalculate the system and take corrective actions
1914	to ensure that the system will function with the available water
1915	supply may retroactively install these backflow devices on
1916	existing fire protection systems.
1917	Section 26.  Section 633.547, Florida Statutes, is amended
1918	to read:
1919	633.547  Disciplinary action; fire protection system
1920	contractors; grounds for denial, nonrenewal, suspension, or
1921	revocation of certificate or permit.--
1922	(1)  The State Fire Marshal shall investigate the alleged
1923	illegal action of any fire protection system contractor or
1924	permittee certified under this chapter and hold hearings
1925	pursuant to chapter 120.
1926	(2)  The following acts constitute cause for disciplinary
1927	action:
1928	(a)  Violation of any provision of this chapter or of any
1929	rule adopted pursuant thereto.
1930	(b)  Violation of the applicable building codes or laws of
1931	this state or any municipality or county thereof.
1932	(c)  Diversion of funds or property received for
1933	prosecution or completion of a specified construction project or
1934	operation when, as a result of the diversion, the contractor is,
1935	or will be, unable to fulfill the terms of her or his obligation
1936	or contract.
1937	(d)  Disciplinary action by any municipality or county,
1938	which action shall be reviewed by the State Fire Marshal before
1939	taking any disciplinary action.
1940	(e)  Failure to supervise the installation of the fire
1941	protection system covered by the building permit signed by the
1942	contractor.
1943	(f)  Rendering a fire protection system, standpipe system,
1944	or underground water supply main connecting to the system
1945	inoperative except when the fire protection system, standpipe
1946	system, or underground water supply main is being inspected,
1947	serviced, tested, or repaired, or except pursuant to court
1948	order.
1949	(g)  Improperly servicing, repairing, testing, or
1950	inspecting a fire protection, standpipe system, or underground
1951	water supply main connecting to the system.
1952	(h)  Failing to provide proof of insurance to the State
1953	Fire Marshal or failing to maintain in force the insurance
1954	coverage required by s. 633.521.
1955	(i)  Failing to obtain, retain, or maintain one or more of
1956	the qualifications for a certificate as specified in this
1957	chapter.
1958	(j)  Making a material misstatement, misrepresentation, or
1959	committing a fraud in obtaining or attempting to obtain a
1960	certificate.
1961	(k)  Failing to notify the State Fire Marshal, in writing,
1962	within 30 days after a change of residence address, principal
1963	business address, or name.
1964	(3)  The State Fire Marshal is authorized to take the
1965	following disciplinary action:
1966	(a)  She or he may suspend the certificateholder for a
1967	period not to exceed 2 years from all operations as a contractor
1968	during the period fixed by the State Fire Marshal, but she or he
1969	may permit the certificateholder to complete any contracts then
1970	incomplete.
1971	(b)  She or he may revoke a certificate for a period not to
1972	exceed 5 years.
1973	(4)  During the suspension or revocation of the
1974	certificate, the former certificateholder shall not engage in or
1975	attempt to profess to engage in any transaction or business for
1976	which a certificate is required under this chapter or directly
1977	or indirectly own, control, or be employed in any manner by any
1978	firm or corporation for which a certificate under this chapter
1979	is required. The department shall not, so long as the revocation
1980	or suspension remains in effect, grant any new certificate for
1981	the establishment of any new firm, business, or corporation of
1982	any person that has or will have the same or similar management,
1983	ownership, control, or employees or that will use a same or
1984	similar name as a previously revoked or suspended firm,
1985	business, or corporation.
1986	(5)  The State Fire Marshal may deny, suspend, or revoke
1987	the certificate of:
1988	(a)  Any person, firm, or corporation the certificate of
1989	which under this chapter has been suspended or revoked.
1990	(b)  Any firm or corporation if an officer, director,
1991	stockholder, owner, or person interested directly or indirectly
1992	has had his or her certificate under this chapter suspended or
1993	revoked.
1994	(c)  Any person who is or has been an officer, director,
1995	stockholder, or owner of a firm or corporation, or who was
1996	interested directly or indirectly in a corporation, the
1997	certificate of which has been suspended or revoked under this
1998	chapter.
1999	(6)  The lapse or suspension of a certificate by operation
2000	of law or by order of the State Fire Marshal or a court or its
2001	voluntary surrender by a certificateholder does not deprive the
2002	State Fire Marshal of jurisdiction to investigate or act in
2003	disciplinary proceedings against the certificateholder.
2004	(7)  The filing of a petition in bankruptcy, either
2005	voluntary or involuntary, or the making of a composition of
2006	creditors or the appointment of a receiver for the business of
2007	the certificateholder may be considered by the State Fire
2008	Marshal as just cause for suspension of a certificate.
2009	Section 27.  Applications to local governments for building
2010	permits.--
2011	(1)(a)  Within 10 days after an applicant submits an
2012	application to a local government for a building permit, the
2013	local government shall advise the applicant what information, if
2014	any, is needed in order for the application to be properly
2015	completed in compliance with the permit application requirements
2016	published by the local government. If the local government does
2017	not provide written notice that the applicant has failed to
2018	submit the properly completed application, the applicant shall
2019	automatically be deemed to have properly completed the
2020	application and the application shall be accepted and available
2021	for processing.
2022	(b)  If additional information is required for the local
2023	government to determine the sufficiency of the application, the
2024	local government shall notify the applicant within 45 days after
2025	receipt of the completed application and shall specify any
2026	additional information that is required. The applicant must
2027	submit the additional information to the local government or
2028	request that the local government act without the additional
2029	information. While the applicant responds to the request for
2030	additional information, the 120-day period prescribed in
2031	paragraph (c) is tolled. Both parties may agree to a reasonable
2032	request for an extension of time, particularly in the event of a
2033	force majeure or other extraordinary circumstances.
2034	(c)  Within 120 days following the receipt of the completed
2035	application for a building permit, the local government must
2036	approve, approve with conditions, or deny the application.
2037	(2)(a)  The procedures provided in subsection (1) apply to
2038	applications for a permit for an accessory structure, an alarm
2039	permit, a permit for a nonresidential building of less than
2040	25,000 square feet, an electrical permit, an irrigation permit,
2041	a landscaping permit, a mechanical permit, a plumbing permit, a
2042	permit for a residential unit other than a single-family unit, a
2043	permit for a multifamily residential unit that does not exceed
2044	50 units, a roofing permit, a permit for a sign, a permit for
2045	site-plan approval or a subdivision plat that does not require a
2046	public hearing or public notice, and a permit for lot grading or
2047	site alteration that is associated with an application for any
2048	permit specified in this paragraph.
2049	(b)  Subsection (1) does not apply to a permit for any
2050	wireless communication facility and does not supersede any other
2051	provision of law, rule, or local ordinance which specifies a
2052	different timeframe for review of an application for a local
2053	building permit.
2054	Section 28.  Section 553.851, Florida Statutes, is
2055	repealed.
2056	Section 29.  Subsection (3) of section 109 of chapter 2000-
2057	141, Laws of Florida, is amended to read:
2058	Section 109.  The Legislature has reviewed the Florida
2059	Building Code that was adopted by action of the Florida Building
2060	Commission on February 15, 2000, and that was noticed for rule
2061	adoption by reference in Rule 9B-3.047, F.A.C., on February 18,
2062	2000, in the Florida Administrative Weekly on page 731. The
2063	Florida Building Commission is directed to continue the process
2064	to adopt the code, pursuant to section 120.54(3), Florida
2065	Statutes, and to incorporate the following provisions or
2066	standards for the State of Florida:
2067	(3)  For areas of the state not within the high velocity
2068	hurricane zone, the commission shall adopt, pursuant to s.
2069	553.73, Florida Statutes, the most current edition of the wind
2070	protection requirements of the American Society of Civil
2071	Engineers, Standard 7, 1998 edition as implemented by the
2072	International Building Code, 2000 edition, and as modified by
2073	the commission in its February 15, 2000, adoption of the Florida
2074	Building Code for rule adoption by reference in Rule 9B-3.047,
2075	Florida Administrative Code. However, from the eastern border of
2076	Franklin County to the Florida-Alabama line, only land within 1
2077	mile of the coast shall be subject to the windborne-debris
2078	requirements adopted by the commission. The exact location of
2079	wind speed lines shall be established by local ordinance, using
2080	recognized physical landmarks such as major roads, canals,
2081	rivers, and lake shores, wherever possible. Buildings
2082	constructed in the windborne debris region must be either
2083	designed for internal pressures that may result inside a
2084	building when a window or door is broken or a hole is created in
2085	its walls or roof by large debris, or be designed with protected
2086	openings. Except in the high velocity hurricane zone, local
2087	governments may not prohibit the option of designing buildings
2088	to resist internal pressures.
2089
2090	The Legislature declares that changes made to the proposed Rule
2091	9B-3.047, Florida Administrative Code, to implement the
2092	requirements of this act prior to October 1, 2000, are not
2093	subject to rule challenges under section 120.56, Florida
2094	Statutes. However, the entire rule, adopted pursuant to s.
2095	120.54(3), Florida Statutes, as amended after October 1, 2000,
2096	is subject to rule challenges under s. 120.56, Florida Statutes.
2097	Section 30.  Notwithstanding any other provision of this
2098	act, the option for designing for internal pressure for
2099	buildings within the windborne debris region shall be repealed
2100	immediately upon adoption of standards and conditions within the
2101	International Building Code or International Residential Code
2102	prohibiting such design option. The Florida Building Commission
2103	shall initiate rulemaking to incorporate such standards and
2104	conditions prohibiting designing for internal pressure for
2105	buildings into the Florida Building Code when the base code is
2106	updated.
2107	Section 31.  The Florida Building Commission, in
2108	conjunction with local building officials, shall conduct a
2109	review of damage resulting from Hurricane Ivan and any other
2110	data to evaluate, and to make recommendations to the Legislature
2111	for any changes to, the Florida Building Code, specifically as
2112	it applies to the region from the eastern border of Franklin
2113	County to the Florida-Alabama line. The commission shall issue a
2114	report summarizing its findings and recommendations prior to the
2115	2006 Regular Session of the Legislature.
2116	Section 32.  The Florida Building Commission shall evaluate
2117	the definition of the term "exposure category C" as currently
2118	defined in s. 553.71(10), Florida Statutes, and make
2119	recommendations for a new definition that more accurately
2120	depicts Florida-specific conditions prior to the 2006 Regular
2121	Session of the Legislature.
2122	Section 33.  For fiscal year 2005-2006 only, the sum of
2123	$200,000 is appropriated from the Insurance Regulatory Trust
2124	Fund to the Department of Financial Services to be used to
2125	develop a joint program between the Florida Insurance Council
2126	and the Florida Home Builders Association to educate contractors
2127	on the benefits and options available for designing buildings
2128	for windborne debris protection and to develop a standardized
2129	affidavit to be used for verifying the insurance discounts for
2130	residential construction techniques demonstrated to reduce the
2131	amount of loss during a windstorm.
2132	Section 34.  This act shall take effect July 1, 2005.

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