HB 0621

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	A bill to be entitled
5	An act relating to building safety; amending s. 215.559,
6	F.S.; requiring that a specified percentage of the funds
7	appropriated under the Hurricane Loss Mitigation Program
8	be used for education concerning the Florida Building Code
9	and for the operation of the disaster contractors network;
10	requiring the Department of Community Affairs to contract
11	with a nonprofit tax-exempt entity for training,
12	development, and coordination; amending s. 400.23, F.S.;
13	providing for relocating beds in certain nursing homes
14	under certain circumstances; providing requirements and
15	limitations; amending s. 403.814, F.S.; providing for
16	exclusive authority by the department for review and final
17	action on certain permit applications; amending s.
18	468.621, F.S.; providing additional grounds for which
19	disciplinary actions may be taken against building code
20	enforcement officials; amending s. 471.033, F.S.;
21	providing an additional ground for which disciplinary
22	actions may be taken against engineers; amending s.
23	481.225, F.S.; providing an additional ground for which
24	disciplinary actions may be taken against architects;
25	amending s. 489.537, F.S.; providing that certain alarm
26	system contractors and electrical contractors may not be
27	required by a municipality or county to obtain additional
28	certification or meet additional licensure requirements;
29	amending s. 553.37, F.S.; providing for the approval,
30	delivery, and installation of lawn storage buildings and
31	storage sheds; amending s. 553.73, F.S.; specifying
32	certain codes from the International Code Congress and the
33	International Code Council as foundation codes for the
34	updated Florida Building Code; providing requirements for
35	amendments to the foundation codes; providing for the
36	incorporation of certain statements, decisions, and
37	amendments into the Florida Building Code; providing a
38	timeframe for rule updates to the Florida Building Code to
39	become effective; requiring the Florida Building
40	Commission to amend the Florida Building Code to allow use
41	of certain areas under mezzanines for certain purposes;
42	amending s. 553.77, F.S.; revising duties of the Florida
43	Building Commission; authorizing local building
44	departments or other entities to approve changes to an
45	approved building plan; prohibiting a commission member
46	from voting or taking action on matters of a personal or
47	financial interest to the member; deleting requirements
48	that the commission hear certain appeals and issue
49	declaratory statements; creating s. 553.775, F.S.;
50	providing legislative intent with respect to the
51	interpretation of the Florida Building Code; providing for
52	the commission to resolve disputes regarding
53	interpretations of the code; requiring the commission to
54	review decisions of local building officials and local
55	enforcement agencies; providing for publication of an
56	interpretation on the Building Code Information System and
57	in the Florida Administrative Weekly; authorizing the
58	commission to adopt a fee; amending s. 553.79, F.S.;
59	exempting truss-placement plans from certain requirements;
60	amending s. 553.791, F.S.; clarifying a definition;
61	expanding authorization to use private providers to
62	provide building code inspection services; including fee
63	owner contractors within such authorization; revising
64	notice requirements for using private providers; revising
65	procedures for issuing permits; providing requirements for
66	representatives of private providers; providing for waiver
67	of certain inspection records requirements under certain
68	circumstances; requiring issuance of stop-work orders to
69	be pursuant to law; providing for establishment of a
70	registration system for private providers and authorized
71	representatives of private providers for licensure
72	compliance purposes; preserving authority to issue
73	emergency stop-work orders; revising insurance
74	requirements for private providers; providing a
75	definition; authorizing performance audits by local
76	building code enforcement agencies of private providers;
77	specifying conditions for proceeding with building work;
78	amending s. 553.80, F.S.; providing that certain buildings
79	are exempt from the building code; providing that
80	universities and colleges may create a board of
81	adjustment; authorizing local governments to impose
82	certain fees for code enforcement; providing requirements
83	and limitations; conforming a cross reference; requiring
84	the commission to expedite adoption and implementation of
85	the existing state building code as part of the Florida
86	Building Code pursuant to limited procedures; exempting
87	certain buildings of the Department of Agriculture and
88	Consumer Services from local permitting requirements,
89	review, or fees; amending s. 120.80, F.S.; authorizing the
90	Florida Building Commission to conduct proceedings to
91	review decisions of local officials; amending s. 553.841,
92	F.S.; revising provisions governing the Building Code
93	Training Program; creating the Building Code Education and
94	Outreach Council to coordinate, develop, and ensure
95	enforcement of the Florida Building Code; providing for
96	membership, terms of office, and meetings; providing
97	duties of the council; providing for administrative
98	support for the council; requiring the council to develop
99	a core curriculum and equivalency test for specified
100	licensees; providing for the use of funds by the council;
101	repealing s. 553.8413, F.S., relating to the Education
102	Technical Advisory Committee; amending s. 553.842, F.S.;
103	providing for products to be approved for statewide use;
104	deleting an obsolete date; deleting a provision requiring
105	the commission to adopt certain criteria for local program
106	verification and validation by rule; adding an evaluation
107	entity to the list of entities specifically approved by
108	the commission; deleting a requirement that the commission
109	establish a schedule for adopting rules relating to
110	product approvals under certain circumstances; providing
111	requirements for local product approval of products or
112	systems of construction; specifying methods for
113	demonstrating compliance with the structural windload
114	requirements of the Florida Building Code; providing for
115	certification to be issued by a professional engineer or
116	registered architect; providing for audits under a quality
117	assurance program and other types of certification;
118	providing that changes to the Florida Building Code do not
119	void the approval of previously installed products;
120	providing for guidelines for the mitigation grant program;
121	requiring periodic inspection of backflow assemblies;
122	amending s. 633.021, F.S.; redefining terms used in ch.
123	633, F.S., relating to fire prevention and control;
124	amending s. 633.0215, F.S.; revising provisions relating
125	to the construction of townhouse stairs; amending s.
126	633.025, F.S.; providing legislative intent relating to
127	fire sprinklers; requiring local governments to prepare
128	certain economic cost-benefit reports for certain
129	purposes; providing report requirements; requiring local
130	governments to provide owners of certain buildings certain
131	information before imposing fire sprinkler requirements;
132	creating s. 633.026, F.S.; requiring that the State Fire
133	Marshal establish by rule a process for rendering
134	nonbinding interpretations of the Florida Fire Prevention
135	Code; authorizing the State Fire Marshal to enter into
136	contracts and refer interpretations to a nonprofit
137	organization; providing for the interpretations to be
138	advisory; authorizing the department to impose a fee for
139	certain interpretations; providing for payment of the fee;
140	providing a fee limitation; amending s. 633.071, F.S.;
141	requiring inspection tags to be attached to all fire
142	protection systems; providing for the standardization of
143	inspection tags and reports; amending s. 633.082, F.S.;
144	requiring fire protection systems to be inspected in
145	accordance with nationally accepted standards; amending s.
146	633.521, F.S.; establishing a permit classification for
147	individuals who inspect fire protection systems; amending
148	s. 633.524, F.S.; establishing fees for various classes of
149	permits; amending s. 633.537, F.S.; establishing
150	continuing education requirements; amending s. 633.539,
151	F.S.; requiring fire protection systems to be inspected,
152	serviced, or maintained by a permitholder; establishing
153	the scope of work criteria; amending s. 633.547, F.S.;
154	providing for disciplinary action; amending s. 633.702,
155	F.S.; providing a criminal penalty for intentionally or
156	willfully installing, servicing, testing, repairing,
157	improving, or inspecting a fire alarm system unless
158	authorized by part II of ch. 489, F.S.; providing
159	exemptions; amending s. 1013.372, F.S.; specifying county
160	responsibility for costs associated with educational
161	facilities serving as public emergency shelters; requiring
162	the Florida Building Commission to amend the Florida
163	Building Code to reflect legislative intent relating to
164	swimming pool exit alarms; providing rule adoption
165	requirements; authorizing use of certain alarms; requiring
166	the Florida Building Commission to integrate certain
167	ventless attic space standards into the Florida Building
168	Code; specifying certain rule adoption requirements;
169	providing for applications to local governments for
170	building permits; providing requirements, procedures, and
171	limitations; providing that a local government must act
172	upon certain permit applications within a specified time
173	or the permits are automatically deemed approved;
174	repealing s. 553.851, F.S., relating to the protection of
175	underground gas pipelines; amending s. 109, ch. 2000-141,
176	Laws of Florida; providing for removal of the code's wind-
177	protection standards from the Florida Building Code;
178	requiring the commission to adopt certain wind protection
179	requirements for areas of the state not within the high
180	velocity hurricane zone upon update of the Florida
181	Building Code; providing construction; requiring the
182	commission to review damage from Hurricane Ivan and make
183	recommendations to the Legislature for changes to the
184	Florida Building Code, especially relating to certain
185	areas; requiring a report; directing the commission to
186	evaluate the definition of the term "exposure category C"
187	and recommend a revision to accurately reflect certain
188	conditions specific to the state; specifying requirements
189	for certain organizations in repairing or replacing
190	certain structures; specifying an effective date for the
191	Florida Building Code; requiring the Florida Building
192	Commission to convene a working group for certain
193	purposes; requiring a study; providing study requirements;
194	providing an appropriation for a joint program to educate
195	contractors for certain purposes; providing an effective
196	date.
197
198	Be It Enacted by the Legislature of the State of Florida:
199
200	Section 1.  Paragraph (a) of subsection (2) and subsections
201	(3) and (4) of section 215.559, Florida Statutes, are amended,
202	present subsections (5), (6), and (7) of said section are
203	renumbered as subsections (6), (7), and (8), respectively, and a
204	new subsection (5) is added to said section, to read:
205	215.559  Hurricane Loss Mitigation Program.--
206	(2)(a)  Seven million dollars in funds provided in
207	subsection (1) shall be used for programs to improve the wind
208	resistance of residences and mobile homes, including loans,
209	subsidies, grants, demonstration projects, and direct
210	assistance; educating persons concerning the Florida Building
211	Code cooperative programs with local governments and the Federal
212	Government; and other efforts to prevent or reduce losses or
213	reduce the cost of rebuilding after a disaster.
214	(3)  Forty percent of the total appropriation in paragraph
215	(2)(a) shall be used to inspect and improve tie-downs for mobile
216	homes. Within 30 days after the effective date of that
217	appropriation, the department shall contract with a public
218	higher educational institution in this state which has previous
219	experience in administering the programs set forth in this
220	subsection to serve as the administrative entity and fiscal
221	agent pursuant to s. 216.346 for the purpose of administering
222	the programs set forth in this subsection in accordance with
223	established policy and procedures. The administrative entity
224	working with the advisory council set up under subsection (6)
225	(5) shall develop a list of mobile home parks and counties that
226	may be eligible to participate in the tie-down program.
227	(4)  Of moneys provided to the Department of Community
228	Affairs in paragraph (2)(a), 10 percent shall be allocated to a
229	Type I Center within the State University System dedicated to
230	hurricane research. The Type I Center shall develop a
231	preliminary work plan approved by the advisory council set forth
232	in subsection (6) (5) to eliminate the state and local barriers
233	to upgrading existing mobile homes and communities, research and
234	develop a program for the recycling of existing older mobile
235	homes, and support programs of research and development relating
236	to hurricane loss reduction devices and techniques for site-
237	built residences. The State University System also shall consult
238	with the Department of Community Affairs and assist the
239	department with the report required under subsection (8) (7).
240	(5)  An amount equal to 15 percent of the total
241	appropriation in paragraph (2)(a) shall be used for education
242	awareness concerning the Florida Building Code and the operation
243	of the disaster contractors network. Not more than 30 days after
244	the effective date of each subsequent appropriation, the
245	Department of Community Affairs shall contract with a nonprofit
246	tax-exempt entity having prior contracting experience with
247	building code training, development, and coordination and whose
248	membership is representative of all of the statewide
249	construction and design licensee associations. The entity shall
250	allocate 20 percent of these resources to the disaster
251	contractors network for the education of the construction
252	industry and hurricane response if needed to coordinate the
253	industry in the event of a natural disaster. The entity shall
254	allocate 20 percent of these resources to the largest
255	residential construction trade show in the state for the
256	education of the residential construction industry on building
257	code and mitigation issues. The remaining resources shall be
258	used by the entity for outreach building code activities after
259	consultation with the building code program under the Florida
260	Building Commission as provided for in s. 553.841.
261	Section 2.  Paragraph (a) of subsection (2) of section
262	400.23, Florida Statutes, is amended to read:
263	400.23  Rules; evaluation and deficiencies; licensure
264	status.--
265	(2)  Pursuant to the intention of the Legislature, the
266	agency, in consultation with the Department of Health and the
267	Department of Elderly Affairs, shall adopt and enforce rules to
268	implement this part, which shall include reasonable and fair
269	criteria in relation to:
270	(a)  The location of the facility and housing conditions
271	that will ensure the health, safety, and comfort of residents,
272	including an adequate call system. In making such rules, the
273	agency shall be guided by criteria recommended by nationally
274	recognized reputable professional groups and associations with
275	knowledge of such subject matters. The agency shall update or
276	revise such criteria as the need arises. The agency may require
277	alterations to a building if it determines that an existing
278	condition constitutes a distinct hazard to life, health, or
279	safety. In performing any inspections of facilities authorized
280	by this part, the agency may enforce the special-occupancy
281	provisions of the Florida Building Code and the Florida Fire
282	Prevention Code which apply to nursing homes. Residents or their
283	representatives shall be able to request a change in the
284	placement of the bed in their rooms, provided that at admission
285	they are presented with a room that meets the requirements of
286	the Florida Building Code. The location of a bed may be changed
287	if the requested placement does not infringe upon the resident's
288	roommate or interfere with the resident's care or safety as
289	determined by the care planning team in accordance with facility
290	policies and procedures. In addition, the bed placement may not
291	be used as a restraint. Each facility shall maintain a log of
292	residents' rooms with beds that are not in strict compliance
293	with the code for surveyors and nurse monitors to use during
294	inspections and visits. Any resident or resident representative
295	who requests that a bed be moved shall sign a statement
296	indicating that he or she understands the room will not be in
297	compliance with the Florida Building Code, but they would prefer
298	to exercise their right to self-determination. The statement
299	must be retained as part of the resident's care plan. Any
300	facility that offers this option shall submit a letter signed by
301	the nursing home administrator of record to the agency notifying
302	it of this practice with a copy of the facility's policies and
303	procedures. The agency is directed to provide assistance to the
304	Florida Building Commission in updating the construction
305	standards of the code relative to nursing homes.
306	Section 3.  Subsection (4) of section 403.814, Florida
307	Statutes, is amended to read:
308	403.814  General permits; delegation.--
309	(4)  The department is authorized to delegate any of its
310	general permit authority to the district offices of the
311	department or to water management districts. However, effective
312	January 1, 2006, the department shall retain exclusive authority
313	for review and final action on permit applications for docking
314	facilities required under part IV of chapter 373.
315	Section 4.  Paragraph (i) of subsection (1) of section
316	468.621, Florida Statutes, is amended, and paragraph (j) is
317	added to said subsection, to read:
318	468.621  Disciplinary proceedings.--
319	(1)  The following acts constitute grounds for which the
320	disciplinary actions in subsection (2) may be taken:
321	(i)  Failing to lawfully execute the duties and
322	responsibilities specified in this part and ss. 553.73, 553.781,
323	and 553.79, and 553.791.
324	(j)  Performing building code inspection services pursuant
325	to s. 553.791 without satisfying the insurance requirements of
326	such section.
327	Section 5.  Paragraph (l) is added to subsection (1) of
328	section 471.033, Florida Statutes, to read:
329	471.033  Disciplinary proceedings.--
330	(1)  The following acts constitute grounds for which the
331	disciplinary actions in subsection (3) may be taken:
332	(l)  Performing building code inspection services pursuant
333	to s. 553.791 without satisfying the insurance requirements of
334	such section.
335	Section 6.  Paragraph (l) is added to subsection (1) of
336	section 481.225, Florida Statutes, to read:
337	481.225  Disciplinary proceedings against registered
338	architects.--
339	(1)  The following acts constitute grounds for which the
340	disciplinary actions in subsection (3) may be taken:
341	(l)  Performing building code inspection services pursuant
342	to s. 553.791 without satisfying the insurance requirements of
343	such section.
344	Section 7.  Paragraph (a) of subsection (3) of section
345	489.537, Florida Statutes, is amended to read:
346	489.537  Application of this part.--
347	(3)  Nothing in this act limits the power of a municipality
348	or county:
349	(a)  To regulate the quality and character of work
350	performed by contractors through a system of permits, fees, and
351	inspections which is designed to secure compliance with, and aid
352	in the implementation of, state and local building laws or to
353	enforce other local laws for the protection of the public health
354	and safety. However, a certified alarm system contractor or
355	certified electrical contractor is not subject to any additional
356	certification or licensure requirements that are not required by
357	this part.
358	Section 8.  Subsection (3) of section 553.37, Florida
359	Statutes, is amended to read:
360	553.37  Rules; inspections; and insignia.--
361	(3)  All manufactured buildings issued and bearing insignia
362	of approval pursuant to subsection (2) shall be deemed to comply
363	with the Florida Building Code and are exempt from local
364	amendments enacted by any local government. Lawn storage
365	buildings and storage sheds not exceeding 400 square feet and
366	bearing the insignia of approval of the department are not
367	subject to s. 553.842 and may be delivered and installed without
368	need of a contractor's license or specialty license.
369	Section 9.  Paragraph (c) of subsection (4), subsection
370	(6), and paragraphs (a) and (c) of subsection (7) of section
371	553.73, Florida Statutes, are amended to read:
372	553.73  Florida Building Code.--
373	(4)
374	(c)  Any amendment adopted by a local enforcing agency
375	pursuant to this subsection shall not apply to state or school
376	district owned buildings, manufactured buildings or factory-
377	built school buildings approved by the commission, or prototype
378	buildings approved pursuant to s. 553.77(3)(5). The respective
379	responsible entities shall consider the physical performance
380	parameters substantiating such amendments when designing,
381	specifying, and constructing such exempt buildings.
382	(6)(a)  The commission, by rule adopted pursuant to ss.
383	120.536(1) and 120.54, shall update the Florida Building Code
384	every 3 years. When updating the Florida Building Code, the
385	commission shall select the most current version of the
386	International Building Code, the International Fuel Gas Code,
387	the International Mechanical Code, the International Plumbing
388	Code, and the International Residential Code, all of which are
389	adopted by the International Code Council, and the National
390	Electrical Code adopted by the National Fire Protection
391	Association, to form the foundation codes of the updated Florida
392	Building Code, if the version has been adopted by the
393	International Code Council and the National Fire Prevention
394	Association and made available to the public at least 6 months
395	prior to its selection by the commission.
396	(b)  Codes regarding noise contour lines shall be reviewed
397	annually, and the most current federal guidelines shall be
398	adopted.
399	(c)  The commission may modify any portion of the
400	foundation codes only as needed to accommodate the specific
401	needs of this state. Standards or criteria referenced by such
402	codes shall be incorporated by reference. If a referenced
403	standard or criterion requires amplification or modification to
404	be appropriate for use in this state, only the amplification or
405	modification shall be set forth in the Florida Building Code.
406	The commission may approve technical amendments to the updated
407	Florida Building Code after the amendments have been subject to
408	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
409	the foundation codes which are adopted in accordance with this
410	subsection shall be clearly marked in printed versions of the
411	Florida Building Code so that the fact that the provisions are
412	Florida-specific amendments to the foundation codes is readily
413	apparent. consider changes made by the adopting entity of any
414	selected model code for any model code incorporated into the
415	Florida Building Code, and may subsequently adopt the new
416	edition or successor of the model code or any part of such code,
417	no sooner than 6 months after such model code has been adopted
418	by the adopting organization, which may then be modified for
419	this state as provided in this section, and
420	(d)  The commission shall further consider the commission's
421	own interpretations, declaratory statements, appellate
422	decisions, and approved statewide and local technical amendments
423	and shall incorporate such interpretations, statements,
424	decisions, and amendments into the updated Florida Building Code
425	only to the extent that they are needed to modify the foundation
426	codes to accommodate the specific needs of the state. A change
427	made by an institute or standards organization to any standard
428	or criterion that is adopted by reference in the Florida
429	Building Code does not become effective statewide until it has
430	been adopted by the commission. Furthermore, the edition of the
431	Florida Building Code which is in effect on the date of
432	application for any permit authorized by the code governs the
433	permitted work for the life of the permit and any extension
434	granted to the permit.
435	(e)  A rule updating the Florida Building Code in
436	accordance with this subsection shall take effect no sooner than
437	6 months after publication of the updated code. Any amendment to
438	the Florida Building Code which is adopted upon a finding by the
439	commission that the amendment is necessary to protect the public
440	from immediate threat of harm takes effect immediately.
441	(7)(a)  The commission may approve technical amendments to
442	the Florida Building Code once each year for statewide or
443	regional application upon a finding that the amendment:
444	1.  Is needed in order to accommodate the specific needs of
445	this state.
446	2.1.  Has a reasonable and substantial connection with the
447	health, safety, and welfare of the general public.
448	3.2.  Strengthens or improves the Florida Building Code, or
449	in the case of innovation or new technology, will provide
450	equivalent or better products or methods or systems of
451	construction.
452	4.3.  Does not discriminate against materials, products,
453	methods, or systems of construction of demonstrated
454	capabilities.
455	5.4.  Does not degrade the effectiveness of the Florida
456	Building Code.
457
458	Furthermore, the Florida Building Commission may approve
459	technical amendments to the code once each year to incorporate
460	into the Florida Building Code its own interpretations of the
461	code which are embodied in its opinions, final orders, and
462	declaratory statements, and interpretations of hearing officer
463	panels under s. 553.775(3)(c), but shall do so only to the
464	extent that incorporation of interpretations is needed to modify
465	the foundation codes to accommodate the specific needs of this
466	state. Amendments approved under this paragraph shall be adopted
467	by rule pursuant to ss. 120.536(1) and 120.54, after the
468	amendments have been subjected to the provisions of subsection
469	(3).
470	(c)  The commission may not approve any proposed amendment
471	that does not accurately and completely address all requirements
472	for amendment which are set forth in this section. The
473	commission shall require all proposed amendments and information
474	submitted with proposed amendments to be reviewed by commission
475	staff prior to consideration by any technical advisory
476	committee. These reviews shall be for sufficiency only and are
477	not intended to be qualitative in nature. Staff members shall
478	reject any proposed amendment that fails to include a fiscal
479	impact statement. Proposed amendments rejected by members of the
480	staff may not be considered by the commission or any technical
481	advisory committee.
482	Section 10.  The Florida Building Commission shall amend
483	the Florida Building Code, 2004 edition, to allow use of
484	enclosed and unenclosed areas under mezzanines for the purpose
485	of calculating the permissible size of mezzanines in S2
486	occupancies of Type III construction with sprinklers. The
487	permissible use, as conditioned in this section, of enclosed and
488	unenclosed space under mezzanines for the purpose of calculating
489	mezzanine size shall apply retroactively to the effective date
490	of the 2001 Florida Building Code.
491	Section 11.  Section 553.77, Florida Statutes, is amended
492	to read:
493	553.77  Specific powers of the commission.--
494	(1)  The commission shall:
495	(a)  Adopt and update the Florida Building Code or
496	amendments thereto, pursuant to ss. 120.536(1) and 120.54.
497	(b)  Make a continual study of the operation of the Florida
498	Building Code and other laws relating to the design,
499	construction, erection, alteration, modification, repair, or
500	demolition of public or private buildings, structures, and
501	facilities, including manufactured buildings, and code
502	enforcement, to ascertain their effect upon the cost of building
503	construction and determine the effectiveness of their
504	provisions. Upon updating the Florida Building Code every 3
505	years, the commission shall review existing provisions of law
506	and make recommendations to the Legislature for the next regular
507	session of the Legislature regarding provisions of law that
508	should be revised or repealed to ensure consistency with the
509	Florida Building Code at the point the update goes into effect.
510	State agencies and local jurisdictions shall provide such
511	information as requested by the commission for evaluation of and
512	recommendations for improving the effectiveness of the system of
513	building code laws for reporting to the Legislature annually.
514	Failure to comply with this or other requirements of this act
515	must be reported to the Legislature for further action. Any
516	proposed legislation providing for the revision or repeal of
517	existing laws and rules relating to technical requirements
518	applicable to building structures or facilities should expressly
519	state that such legislation is not intended to imply any repeal
520	or sunset of existing general or special laws governing any
521	special district that are not specifically identified in the
522	legislation.
523	(c)  Upon written application by any substantially affected
524	person or a local enforcement agency, issue declaratory
525	statements pursuant to s. 120.565 relating to new technologies,
526	techniques, and materials which have been tested where necessary
527	and found to meet the objectives of the Florida Building Code.
528	This paragraph does not apply to the types of products,
529	materials, devices, or methods of construction required to be
530	approved under paragraph (f) (i).
531	(d)  Upon written application by any substantially affected
532	person, state agency, or a local enforcement agency, issue
533	declaratory statements pursuant to s. 120.565 relating to the
534	enforcement or administration by local governments of the
535	Florida Building Code. Paragraph (h) provides the exclusive
536	remedy for addressing local interpretations of the code.
537	(e)  When requested in writing by any substantially
538	affected person, state agency, or a local enforcing agency,
539	shall issue declaratory statements pursuant to s. 120.565
540	relating to this part and ss. 515.25, 515.27, 515.29, and
541	515.37. Actions of the commission are subject to judicial review
542	pursuant to s. 120.68.
543	(d)(f)  Make recommendations to, and provide assistance
544	upon the request of, the Florida Commission on Human Relations
545	regarding rules relating to accessibility for persons with
546	disabilities.
547	(e)(g)  Participate with the Florida Fire Code Advisory
548	Council created under s. 633.72, to provide assistance and
549	recommendations relating to firesafety code interpretations. The
550	administrative staff of the commission shall attend meetings of
551	the Florida Fire Code Advisory Council and coordinate efforts to
552	provide consistency between the Florida Building Code and the
553	Florida Fire Prevention Code and the Life Safety Code.
554	(h)  Hear appeals of the decisions of local boards of
555	appeal regarding interpretation decisions of local building
556	officials, or if no local board exists, hear appeals of
557	decisions of the building officials regarding interpretations of
558	the code. For such appeals:
559	1.  Local decisions declaring structures to be unsafe and
560	subject to repair or demolition shall not be appealable to the
561	commission if the local governing body finds there is an
562	immediate danger to the health and safety of its citizens.
563	2.  All appeals shall be heard in the county of the
564	jurisdiction defending the appeal.
565	3.  Hearings shall be conducted pursuant to chapter 120 and
566	the uniform rules of procedure, and decisions of the commission
567	are subject to judicial review pursuant to s. 120.68.
568	(f)(i)  Determine the types of products which may be
569	approved by the commission requiring approval for local or
570	statewide use and shall provide for the evaluation and approval
571	of such products, materials, devices, and method of construction
572	for statewide use. The commission may prescribe by rule a
573	schedule of reasonable fees to provide for evaluation and
574	approval of products, materials, devices, and methods of
575	construction. Evaluation and approval shall be by action of the
576	commission or delegated pursuant to s. 553.842. This paragraph
577	does not apply to products approved by the State Fire Marshal.
578	(g)(j)  Appoint experts, consultants, technical advisers,
579	and advisory committees for assistance and recommendations
580	relating to the major areas addressed in the Florida Building
581	Code.
582	(h)(k)  Establish and maintain a mutual aid program,
583	organized through the department, to provide an efficient supply
584	of various levels of code enforcement personnel, design
585	professionals, commercial property owners, and construction
586	industry individuals, to assist in the rebuilding effort in an
587	area which has been hit with disaster. The program shall include
588	provisions for:
589	1.  Minimum postdisaster structural, electrical, and
590	plumbing inspections and procedures.
591	2.  Emergency permitting and inspection procedures.
592	3.  Establishing contact with emergency management
593	personnel and other state and federal agencies.
594	(i)(l)  Maintain a list of interested parties for noticing
595	rulemaking workshops and hearings, disseminating information on
596	code adoption, revisions, amendments, and all other such actions
597	which are the responsibility of the commission.
598	(j)(m)  Coordinate with the state and local governments,
599	industry, and other affected stakeholders in the examination of
600	legislative provisions and make recommendations to fulfill the
601	responsibility to develop a consistent, single code.
602	(k)(n)  Provide technical assistance to local building
603	departments in order to implement policies, procedures, and
604	practices which would produce the most cost-effective property
605	insurance ratings.
606	(l)(o)  Develop recommendations for local governments to
607	use when pursuing partial or full privatization of building
608	department functions. The recommendations shall include, but not
609	be limited to, provisions relating to equivalency of service,
610	conflict of interest, requirements for competency, liability,
611	insurance, and long-term accountability.
612	(2)  Upon written application by any substantially affected
613	person, the commission shall issue a declaratory statement
614	pursuant to s. 120.565 relating to a state agency's
615	interpretation and enforcement of the specific provisions of the
616	Florida Building Code the agency is authorized to enforce. The
617	provisions of this subsection shall not be construed to provide
618	any powers, other than advisory, to the commission with respect
619	to any decision of the State Fire Marshal made pursuant to the
620	provisions of chapter 633.
621	(3)  The commission may designate a commission member with
622	demonstrated expertise in interpreting building plans to attend
623	each meeting of the advisory council created in s. 553.512. The
624	commission member may vary from meeting to meeting, shall serve
625	on the council in a nonvoting capacity, and shall receive per
626	diem and expenses as provided in s. 553.74(3).
627	(2)(4)  For educational and public information purposes,
628	the commission shall develop and publish an informational and
629	explanatory document which contains descriptions of the roles
630	and responsibilities of the licensed design professional,
631	residential designer, contractor, and local building and fire
632	code officials. The State Fire Marshal shall be responsible for
633	developing and specifying roles and responsibilities for fire
634	code officials. Such document may also contain descriptions of
635	roles and responsibilities of other participants involved in the
636	building codes system.
637	(3)(5)  The commission may provide by rule for plans review
638	and approval of prototype buildings owned by public and private
639	entities to be replicated throughout the state. The rule must
640	allow for review and approval of plans and changes to approved
641	plans for prototype buildings to be performed by a public or
642	private entity with oversight by the commission. The department
643	may charge reasonable fees to cover the administrative costs of
644	the program. Such approved plans or prototype buildings shall be
645	exempt from further review required by s. 553.79(2), except
646	changes to the prototype design, site plans, and other site-
647	related items. Changes to an approved plan may be approved by
648	the local building department or by the public or private entity
649	that approved the plan. As provided in s. 553.73, prototype
650	buildings are exempt from any locally adopted amendment to any
651	part of the Florida Building Code. Construction or erection of
652	such prototype buildings is subject to local permitting and
653	inspections pursuant to this part.
654	(4)(6)  The commission may produce and distribute a
655	commentary document to accompany the Florida Building Code. The
656	commentary must be limited in effect to providing technical
657	assistance and must not have the effect of binding
658	interpretations of the code document itself.
659	(5)  A commissioner may abstain from voting in any matter
660	before the commission which would inure to the commissioner's
661	special private gain or loss, which the commissioner knows would
662	inure to the special private gain or loss of any principal by
663	whom he or she is retained or to the parent organization or
664	subsidiary of a corporate principal by which he or she is
665	retained, or which he or she knows would inure to the special
666	private gain or loss of a relative or business associate of the
667	commissioner. A commissioner may abstain from voting on matters
668	before the commission which would inure to the commissioner's
669	private gain or loss, which the commissioner knows would inure
670	to the special private gain or loss of any principal by whom the
671	commissioner is retained or to the parent organization or
672	subsidiary of a corporate principal by which the commissioner is
673	retained, or which the commissioner knows would inure to the
674	special private gain or loss of a relative or business associate
675	of the commissioner. A commissioner shall abstain from voting
676	under the foregoing circumstances if the matter is before the
677	commission pursuant to s. 120.569 or s. 120.60. The commissioner
678	shall, prior to the vote being taken, publicly state to the
679	assembly the nature of the commissioner's interest in the matter
680	from which he or she is abstaining from voting and, within 15
681	days after the vote occurs, disclose the nature of his or her
682	interest as a public record in a memorandum filed with the
683	person responsible for recording the minutes of the meeting, who
684	shall incorporate the memorandum in the minutes.
685	(7)  The commission shall by rule establish an informal
686	process of rendering nonbinding interpretations of the Florida
687	Building Code. The commission is specifically authorized to
688	refer interpretive issues to organizations that represent those
689	engaged in the construction industry. The commission is directed
690	to immediately implement the process prior to the completion of
691	formal rulemaking. It is the intent of the Legislature that the
692	commission create a process to refer questions to a small,
693	rotating group of individuals licensed under part XII of chapter
694	468, to which a party can pose questions regarding the
695	interpretation of code provisions. It is the intent of the
696	Legislature that the process provide for the expeditious
697	resolution of the issues presented and publication of the
698	resulting interpretation on the Building Code Information
699	System. Such interpretations are to be advisory only and
700	nonbinding on the parties or the commission.
701	Section 12.  Section 553.775, Florida Statutes, is created
702	to read:
703	553.775  Interpretations.--
704	(1)  It is the intent of the Legislature that the Florida
705	Building Code be interpreted by building officials, local
706	enforcement agencies, and the commission in a manner that
707	protects the public safety, health, and welfare at the most
708	reasonable cost to the consumer by ensuring uniform
709	interpretations throughout the state and by providing processes
710	for resolving disputes regarding interpretations of the Florida
711	Building Code which are just and expeditious.
712	(2)  Local enforcement agencies, local building officials,
713	state agencies, and the commission shall interpret provisions of
714	the Florida Building Code in a manner that is consistent with
715	declaratory statements and interpretations entered by the
716	commission, except that conflicts between the Florida Fire
717	Prevention Code and the Florida Building Code shall be resolved
718	in accordance with s. 553.73(9)(c) and (d).
719	(3)  The following procedures may be invoked regarding
720	interpretations of the Florida Building Code:
721	(a)  Upon written application by any substantially affected
722	person or state agency or by a local enforcement agency, the
723	commission shall issue declaratory statements pursuant to s.
724	120.565 relating to the enforcement or administration by local
725	governments of the Florida Building Code.
726	(b)  When requested in writing by any substantially
727	affected person or state agency or by a local enforcement
728	agency, the commission shall issue a declaratory statement
729	pursuant to s. 120.565 relating to this part and ss. 515.25,
730	515.27, 515.29, and 515.37. Actions of the commission are
731	subject to judicial review under s. 120.68.
732	(c)  The commission shall review decisions of local
733	building officials and local enforcement agencies regarding
734	interpretations of the Florida Building Code after the local
735	board of appeals has considered the decision, if such board
736	exists, and if such appeals process is concluded within 25
737	business days.
738	1.  The commission shall coordinate with the Building
739	Officials Association of Florida, Inc., to designate panels
740	composed of five members to hear requests to review decisions of
741	local building officials. The members must be licensed as
742	building code administrators under part XII of chapter 468 and
743	must have experience interpreting and enforcing provisions of
744	the Florida Building Code.
745	2.  Requests to review a decision of a local building
746	official interpreting provisions of the Florida Building Code
747	may be initiated by any substantially affected person, including
748	an owner or builder subject to a decision of a local building
749	official or an association of owners or builders having members
750	who are subject to a decision of a local building official. In
751	order to initiate review, the substantially affected person must
752	file a petition with the commission. The commission shall adopt
753	a form for the petition, which shall be published on the
754	Building Code Information System. The form shall, at a minimum,
755	require the following:
756	a.  The name and address of the county or municipality in
757	which provisions of the Florida Building Code are being
758	interpreted.
759	b.  The name and address of the local building official who
760	has made the interpretation being appealed.
761	c.  The name, address, and telephone number of the
762	petitioner; the name, address, and telephone number of the
763	petitioner's representative, if any; and an explanation of how
764	the petitioner's substantial interests are being affected by the
765	local interpretation of the Florida Building Code.
766	d.  A statement of the provisions of the Florida Building
767	Code which are being interpreted by the local building official.
768	e.  A statement of the interpretation given to provisions
769	of the Florida Building Code by the local building official and
770	the manner in which the interpretation was rendered.
771	f.  A statement of the interpretation that the petitioner
772	contends should be given to the provisions of the Florida
773	Building Code and a statement supporting the petitioner's
774	interpretation.
775	g.  Space for the local building official to respond in
776	writing. The space shall, at a minimum, require the local
777	building official to respond by providing a statement admitting
778	or denying the statements contained in the petition and a
779	statement of the interpretation of the provisions of the Florida
780	Building Code which the local jurisdiction or the local building
781	official contends is correct, including the basis for the
782	interpretation.
783	3.  The petitioner shall submit the petition to the local
784	building official, who shall place the date of receipt on the
785	petition. The local building official shall respond to the
786	petition in accordance with the form and shall return the
787	petition along with his or her response to the petitioner within
788	5 days after receipt, exclusive of Saturdays, Sundays, and legal
789	holidays. The petitioner may file the petition with the
790	commission at any time after the local building official
791	provides a response. If no response is provided by the local
792	building official, the petitioner may file the petition with the
793	commission 10 days after submission of the petition to the local
794	building official and shall note that the local building
795	official did not respond.
796	4.  Upon receipt of a petition that meets the requirements
797	of subparagraph 2., the commission shall immediately provide
798	copies of the petition to a panel, and the commission shall
799	publish the petition, including any response submitted by the
800	local building official, on the Building Code Information System
801	in a manner that allows interested persons to address the issues
802	by posting comments.
803	5.  The panel shall conduct proceedings as necessary to
804	resolve the issues; shall give due regard to the petitions, the
805	response, and to comments posed on the Building Code Information
806	System; and shall issue an interpretation regarding the
807	provisions of the Florida Building Code within 21 days after the
808	filing of the petition. The panel shall render a determination
809	based upon the Florida Building Code or, if the code is
810	ambiguous, the intent of the code. The panel's interpretation
811	shall be provided to the commission, which shall publish the
812	interpretation on the Building Code Information System and in
813	the Florida Administrative Weekly. The interpretation shall be
814	considered an interpretation entered by the commission, and
815	shall be binding upon the parties and upon all jurisdictions
816	subject to the Florida Building Code, unless it is superseded by
817	a declaratory statement issued by the Florida Building
818	Commission or by a final order entered after an appeal
819	proceeding conducted in accordance with subparagraph 7.
820	6.  It is the intent of the Legislature that review
821	proceedings be completed within 21 days after the date that a
822	petition seeking review is filed with the commission, and the
823	time periods set forth in this paragraph may be waived only upon
824	consent of all parties.
825	7.  Any substantially affected person may appeal an
826	interpretation rendered by a hearing officer panel by filing a
827	petition with the commission. Such appeals shall be initiated in
828	accordance with chapter 120 and the uniform rules of procedure
829	and must be filed within 30 days after publication of the
830	interpretation on the Building Code Information System or in the
831	Florida Administrative Weekly. Hearings shall be conducted
832	pursuant to chapter 120 and the uniform rules of procedure.
833	Decisions of the commission are subject to judicial review
834	pursuant to s. 120.68. The final order of the commission is
835	binding upon the parties and upon all jurisdictions subject to
836	the Florida Building Code.
837	8.  The burden of proof in any proceeding initiated in
838	accordance with subparagraph 7. is on the party who initiated
839	the appeal.
840	9.  In any review proceeding initiated in accordance with
841	this paragraph, including any proceeding initiated in accordance
842	with subparagraph 7., the fact that an owner or builder has
843	proceeded with construction may not be grounds for determining
844	an issue to be moot if the issue is one that is likely to arise
845	in the future.
846
847	This paragraph provides the exclusive remedy for addressing
848	requests to review local interpretations of the code and appeals
849	from review proceedings.
850	(d)  Local decisions declaring structures to be unsafe and
851	subject to repair or demolition are not subject to review under
852	this subsection and may not be appealed to the commission if the
853	local governing body finds that there is an immediate danger to
854	the health and safety of the public.
855	(e)  Upon written application by any substantially affected
856	person, the commission shall issue a declaratory statement
857	pursuant to s. 120.565 relating to an agency's interpretation
858	and enforcement of the specific provisions of the Florida
859	Building Code which the agency is authorized to enforce. This
860	subsection does not provide any powers, other than advisory, to
861	the commission with respect to any decision of the State Fire
862	Marshal made pursuant to chapter 633.
863	(f)  The commission may designate a commission member who
864	has demonstrated expertise in interpreting building plans to
865	attend each meeting of the advisory council created in s.
866	553.512. The commission member may vary from meeting to meeting,
867	shall serve on the council in a nonvoting capacity, and shall
868	receive per diem and expenses as provided in s. 553.74(3).
869	(g)  The commission shall by rule establish an informal
870	process of rendering nonbinding interpretations of the Florida
871	Building Code. The commission is specifically authorized to
872	refer interpretive issues to organizations that represent those
873	engaged in the construction industry. The commission shall
874	immediately implement the process before completing formal
875	rulemaking. It is the intent of the Legislature that the
876	commission create a process to refer questions to a small,
877	rotating group of individuals licensed under part XII of chapter
878	468, to which a party may pose questions regarding the
879	interpretation of code provisions. It is the intent of the
880	Legislature that the process provide for the expeditious
881	resolution of the issues presented and publication of the
882	resulting interpretation on the Building Code Information
883	System. Such interpretations shall be advisory only and
884	nonbinding on the parties and the commission.
885	(4)  In order to administer this section, the commission
886	may adopt by rule and impose a fee for binding interpretations
887	to recoup the cost of the proceedings which may not exceed $250
888	for each request for a review or interpretation. For proceedings
889	conducted by or in coordination with a third party, the rule may
890	provide that payment be made directly to the third party, who
891	shall remit to the department that portion of the fee necessary
892	to cover the costs of the department.
893	Section 13.  Subsection (14) of section 553.79, Florida
894	Statutes, is amended to read:
895	553.79  Permits; applications; issuance; inspections.--
896	(14)  Certifications by contractors authorized under the
897	provisions of s. 489.115(4)(b) shall be considered equivalent to
898	sealed plans and specifications by a person licensed under
899	chapter 471 or chapter 481 by local enforcement agencies for
900	plans review for permitting purposes relating to compliance with
901	the wind resistance provisions of the code or alternate
902	methodologies approved by the commission for one-family and two-
903	family one and two family dwellings. Local enforcement agencies
904	may rely upon such certification by contractors that the plans
905	and specifications submitted conform to the requirements of the
906	code for wind resistance. Upon good cause shown, local
907	government code enforcement agencies may accept or reject plans
908	sealed by persons licensed under chapter 471, chapter 481, or
909	chapter 489. A truss-placement plan is not required to be signed
910	and sealed by an engineer or architect unless prepared by an
911	engineer or architect or specifically required by the Florida
912	Building Code.
913	Section 14.  Paragraph (f) of subsection (1), subsections
914	(2) and (4), paragraph (a) of subsection (6), and subsections
915	(7), (9), (11), (12), (14), (15), and (17) of section 553.791,
916	Florida Statutes, are amended to read:
917	553.791  Alternative plans review and inspection.--
918	(1)  As used in this section, the term:
919	(f)  "Permit application" means a properly completed and
920	submitted application for:
921	1.  the requested building or construction permit,
922	including:.
923	1.2.  The plans reviewed by the private provider.
924	2.3.  The affidavit from the private provider required
925	pursuant to subsection (5).
926	3.4.  Any applicable fees.
927	4.5.  Any documents required by the local building official
928	to determine that the fee owner has secured all other government
929	approvals required by law.
930	(2)  Notwithstanding any other provision of law or local
931	government ordinance or local policy, the fee owner of a
932	building or structure, or the fee owner's contractor upon
933	written authorization from the fee owner, may choose to use a
934	private provider to provide building code inspection services
935	with regard to such building or structure and may make payment
936	directly to the private provider for the provision of such
937	services. All such services shall be the subject of a written
938	contract between the private provider, or the private provider's
939	firm, and the fee owner. The fee owner may elect to use a
940	private provider to provide either plans review or required
941	building inspections, or both. However, if the fee owner or the
942	fee owner's contractor uses a private provider to provide plans
943	review, the local building official, in his or her discretion
944	and pursuant to duly adopted policies of the local enforcement
945	agency, may require the fee owner or the fee owner's contractor
946	who desires to use a private provider to use the private
947	provider to also provide both plans review and required building
948	inspections inspection services.
949	(4)  A fee owner or the fee owner's contractor using a
950	private provider to provide building code inspection services
951	shall notify the local building official at the time of permit
952	application, or no less than 7 business days prior to the first
953	scheduled inspection by the local building official or building
954	code enforcement agency for a private provider performing
955	required inspections of construction under this section, on a
956	form to be adopted by the commission. This notice shall include
957	the following information:
958	(a)  The services to be performed by the private provider.
959	(b)  The name, firm, address, telephone number, and
960	facsimile number of each private provider who is performing or
961	will perform such services, his or her professional license or
962	certification number, qualification statements or resumes, and,
963	if required by the local building official, a certificate of
964	insurance demonstrating that professional liability insurance
965	coverage is in place for the private provider's firm, the
966	private provider, and any duly authorized representative in the
967	amounts required by this section.
968	(c)  An acknowledgment from the fee owner in substantially
969	the following form:
970
971	I have elected to use one or more private providers to provide
972	building code plans review and/or inspection services on the
973	building or structure that is the subject of the enclosed permit
974	application, as authorized by s. 553.791, Florida Statutes. I
975	understand that the local building official may not review the
976	plans submitted or perform the required building inspections to
977	determine compliance with the applicable codes, except to the
978	extent specified in said law. Instead, plans review and/or
979	required building inspections will be performed by licensed or
980	certified personnel identified in the application. The law
981	requires minimum insurance requirements for such personnel, but
982	I understand that I may require more insurance to protect my
983	interests. By executing this form, I acknowledge that I have
984	made inquiry regarding the competence of the licensed or
985	certified personnel and the level of their insurance and am
986	satisfied that my interests are adequately protected. I agree to
987	indemnify, defend, and hold harmless the local government, the
988	local building official, and their building code enforcement
989	personnel from any and all claims arising from my use of these
990	licensed or certified personnel to perform building code
991	inspection services with respect to the building or structure
992	that is the subject of the enclosed permit application.
993
994	If the fee owner or the fee owner's contractor makes any changes
995	to the listed private providers or the services to be provided
996	by those private providers, the fee owner or the fee owner's
997	contractor shall, within 1 business day after any change, update
998	the notice to reflect such changes. In addition, the fee owner
999	or the fee owner's contractor shall post at the project site,
1000	prior to the commencement of construction and updated within 1
1001	business day after any change, on a form to be adopted by the
1002	commission, the name, firm, address, telephone number, and
1003	facsimile number of each private provider who is performing or
1004	will perform building code inspection services, the type of
1005	service being performed, and similar information for the primary
1006	contact of the private provider on the project.
1007	(6)(a)  No more than Within 30 business days after receipt
1008	of a permit application and the affidavit from the private
1009	provider required pursuant to subsection (5), the local building
1010	official shall issue the requested permit or provide a written
1011	notice to the permit applicant identifying the specific plan
1012	features that do not comply with the applicable codes, as well
1013	as the specific code chapters and sections. If the local
1014	building official does not provide a written notice of the plan
1015	deficiencies within the prescribed 30-day period, the permit
1016	application shall be deemed approved as a matter of law, and the
1017	permit shall be issued by the local building official on the
1018	next business day.
1019	(7)  A private provider performing required inspections
1020	under this section shall inspect each phase of construction as
1021	required by the applicable codes. The private provider shall be
1022	permitted to send a duly authorized representative to the
1023	building site to perform the required inspections, provided all
1024	required reports and certifications are prepared by and bear the
1025	signature of the private provider. The duly authorized
1026	representative must be an employee of the private provider
1027	entitled to receive unemployment compensation benefits under
1028	chapter 443. The contractor's contractual or legal obligations
1029	are not relieved by any action of the private provider.
1030	(9)  Upon completing the required inspections at each
1031	applicable phase of construction, the private provider shall
1032	record such inspections on a form acceptable to the local
1033	building official. These inspection records shall reflect those
1034	inspections required by the applicable codes of each phase of
1035	construction for which permitting by a local enforcement agency
1036	is required. The private provider, before leaving the project
1037	site, shall post each completed inspection record, indicating
1038	pass or fail, at the site and provide the record to the local
1039	building official within 2 business days. The local building
1040	official may waive the requirement to provide a record of each
1041	inspection within 2 business days if the record is posted at the
1042	project site and all such inspection records are submitted with
1043	the certificate of compliance. Records of all required and
1044	completed inspections shall be maintained at the building site
1045	at all times and made available for review by the local building
1046	official. The private provider shall report to the local
1047	enforcement agency any condition that poses an immediate threat
1048	to public safety and welfare.
1049	(11)  No more than Within 2 business days after receipt of
1050	a request for a certificate of occupancy or certificate of
1051	completion and the applicant's presentation of a certificate of
1052	compliance and approval of all other government approvals
1053	required by law, the local building official shall issue the
1054	certificate of occupancy or certificate of completion or provide
1055	a notice to the applicant identifying the specific deficiencies,
1056	as well as the specific code chapters and sections. If the local
1057	building official does not provide notice of the deficiencies
1058	within the prescribed 2-day period, the request for a
1059	certificate of occupancy or certificate of completion shall be
1060	deemed granted and the certificate of occupancy or certificate
1061	of completion shall be issued by the local building official on
1062	the next business day. To resolve any identified deficiencies,
1063	the applicant may elect to dispute the deficiencies pursuant to
1064	subsection (12) or to submit a corrected request for a
1065	certificate of occupancy or certificate of completion.
1066	(12)  If the local building official determines that the
1067	building construction or plans do not comply with the applicable
1068	codes, the official may deny the permit or request for a
1069	certificate of occupancy or certificate of completion, as
1070	appropriate, or may issue a stop-work order for the project or
1071	any portion thereof as provided by law, if the official
1072	determines that such noncompliance poses a threat to public
1073	safety and welfare, subject to the following:
1074	(a)  The local building official shall be available to meet
1075	with the private provider within 2 business days to resolve any
1076	dispute after issuing a stop-work order or providing notice to
1077	the applicant denying a permit or request for a certificate of
1078	occupancy or certificate of completion.
1079	(b)  If the local building official and private provider
1080	are unable to resolve the dispute, the matter shall be referred
1081	to the local enforcement agency's board of appeals, if one
1082	exists, which shall consider the matter at its next scheduled
1083	meeting or sooner. Any decisions by the local enforcement
1084	agency's board of appeals, or local building official if there
1085	is no board of appeals, may be appealed to the commission as
1086	provided by this chapter pursuant to s. 553.77(1)(h).
1087	(c)  Notwithstanding any provision of this section, any
1088	decisions regarding the issuance of a building permit,
1089	certificate of occupancy, or certificate of completion may be
1090	reviewed by the local enforcement agency's board of appeals, if
1091	one exists. Any decision by the local enforcement agency's board
1092	of appeals, or local building official if there is no board of
1093	appeals, may be appealed to the commission as provided by this
1094	chapter pursuant to s. 553.77(1)(h), which shall consider the
1095	matter at the commission's next scheduled meeting.
1096	(14)(a)  No local enforcement agency, local building
1097	official, or local government may adopt or enforce any laws,
1098	rules, procedures, policies, qualifications, or standards more
1099	stringent than those prescribed by this section.
1100	(b)  A local enforcement agency, local building official,
1101	or local government may establish, for private providers and
1102	duly authorized representatives working within that
1103	jurisdiction, a system of registration to verify compliance with
1104	the licensure requirements of paragraph (1)(g) and the insurance
1105	requirements of subsection (15).
1106	(c)  Nothing in this section limits the authority of the
1107	local building official to issue a stop-work order for a
1108	building project or any portion of such order, as provided by
1109	law, if the official determines that a condition on the building
1110	site constitutes an immediate threat to public safety and
1111	welfare.
1112	(15)  A private provider may perform building code
1113	inspection services on a building project under this section
1114	only if the private provider maintains insurance for
1115	professional and comprehensive general liability covering with
1116	minimum policy limits of $1 million per occurrence relating to
1117	all services performed as a private provider. Such insurance
1118	shall have minimum policy limits of $1 million per occurrence
1119	and $2 million in the aggregate for any project with a
1120	construction cost of $5 million or less and $2 million per
1121	occurrence and $4 million in the aggregate for any project with
1122	a construction cost of over $5 million. Nothing in this section
1123	limits the ability of a fee owner to require additional
1124	insurance or higher policy limits. For these purposes, the term
1125	"construction cost" means the total cost of building
1126	construction as stated in the building permit application. If
1127	the private provider chooses to secure claims-made coverage to
1128	fulfill this requirement, the private provider must also
1129	maintain, including tail coverage for a minimum of 5 years
1130	subsequent to the performance of building code inspection
1131	services. The insurance required under this subsection shall be
1132	written only by insurers authorized to do business in this state
1133	with a minimum A.M. Best's rating of A. Before providing
1134	building code inspection services within a local building
1135	official's jurisdiction, a private provider must provide to the
1136	local building official a certificate of insurance evidencing
1137	that the coverages required under this subsection are in force.
1138	(17)  Each local building code enforcement agency may shall
1139	develop and maintain a process to audit the performance of
1140	building code inspection services by private providers operating
1141	within the local jurisdiction. Work on a building or structure
1142	may proceed after inspection and approval by a private provider
1143	if the provider has given notice of the inspection pursuant to
1144	subsection (8) and, subsequent to such inspection and approval,
1145	the work may not be delayed for completion of an inspection
1146	audit by the local building code enforcement agency.
1147	Section 15.  Paragraph (d) of subsection (1) and subsection
1148	(6) of section 553.80, Florida Statutes, are amended, and
1149	subsections (7) and (8) are added to said section, to read:
1150	553.80  Enforcement.--
1151	(1)  Except as provided in paragraphs (a)-(f), each local
1152	government and each legally constituted enforcement district
1153	with statutory authority shall regulate building construction
1154	and, where authorized in the state agency's enabling
1155	legislation, each state agency shall enforce the Florida
1156	Building Code required by this part on all public or private
1157	buildings, structures, and facilities, unless such
1158	responsibility has been delegated to another unit of government
1159	pursuant to s. 553.79(9).
1160	(d)  Building plans approved under pursuant to s.
1161	553.77(3)(5) and state-approved manufactured buildings,
1162	including buildings manufactured and assembled offsite and not
1163	intended for habitation, such as lawn storage buildings and
1164	storage sheds, are exempt from local code enforcing agency plan
1165	reviews except for provisions of the code relating to erection,
1166	assembly, or construction at the site. Erection, assembly, and
1167	construction at the site are subject to local permitting and
1168	inspections. Lawn storage buildings and storage sheds not
1169	exceeding 400 square feet and bearing the insignia of approval
1170	of the department are not subject to s. 553.842. Such buildings
1171	that do not exceed 400 square feet may be delivered and
1172	installed without need of a contractor's or specialty license.
1173
1174	The governing bodies of local governments may provide a schedule
1175	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1176	section, for the enforcement of the provisions of this part.
1177	Such fees shall be used solely for carrying out the local
1178	government's responsibilities in enforcing the Florida Building
1179	Code. The authority of state enforcing agencies to set fees for
1180	enforcement shall be derived from authority existing on July 1,
1181	1998. However, nothing contained in this subsection shall
1182	operate to limit such agencies from adjusting their fee schedule
1183	in conformance with existing authority.
1184	(6)  Notwithstanding any other provision of law, state
1185	universities, community colleges, and public school districts
1186	shall be subject to enforcement of the Florida Building Code
1187	under pursuant to this part.
1188	(a)1.  State universities, state community colleges, or
1189	public school districts shall conduct plan review and
1190	construction inspections to enforce building code compliance for
1191	their building projects that are subject to the Florida Building
1192	Code. These Such entities must shall use personnel or contract
1193	providers appropriately certified under part XII of chapter 468
1194	to perform the plan reviews and inspections required by the
1195	code. Under these such arrangements, the such entities are shall
1196	not be subject to local government permitting requirements,
1197	plans review, and inspection fees. State universities, state
1198	community colleges, and public school districts are shall be
1199	liable and responsible for all of their buildings, structures,
1200	and facilities. Nothing in This paragraph does not shall be
1201	construed to limit the authority of the county, municipality, or
1202	code enforcement district to ensure that buildings, structures,
1203	and facilities owned by these such entities comply with the
1204	Florida Building Code or to limit the authority and
1205	responsibility of the fire official to conduct firesafety
1206	inspections under pursuant to chapter 633.
1207	2.  In order to enforce building code compliance
1208	independent of a county or municipality, a state university,
1209	community college, or public school district may create a board
1210	of adjustment and appeal to which a substantially affected party
1211	may appeal an interpretation of the Florida Building Code which
1212	relates to a specific project. The decisions of this board, or,
1213	in its absence, the decision of the building code administrator,
1214	may be reviewed under s. 553.775.
1215	(b)  If a state university, state community college, or
1216	public school district elects to use a local government's code
1217	enforcement offices:
1218	1.  Fees charged by counties and municipalities for
1219	enforcement of the Florida Building Code on buildings,
1220	structures, and facilities of state universities, state
1221	colleges, and public school districts may shall not be more than
1222	the actual labor and administrative costs incurred for plans
1223	review and inspections to ensure compliance with the code.
1224	2.  Counties and municipalities shall expedite building
1225	construction permitting, building plans review, and inspections
1226	of projects of state universities, state community colleges, and
1227	public school districts that which are subject to the Florida
1228	Building Code according to guidelines established by the Florida
1229	Building Commission.
1230	3.  A party substantially affected by an interpretation of
1231	the Florida Building Code by the local government's code
1232	enforcement offices may appeal the interpretation to the local
1233	government's board of adjustment and appeal or to the commission
1234	under s. 553.775 if no local board exists. The decision of a
1235	local board is reviewable in accordance with s. 553.775.
1236	(c)  The Florida Building Commission and code enforcement
1237	jurisdictions shall consider balancing code criteria and
1238	enforcement to unique functions, where they occur, of research
1239	institutions by application of performance criteria in lieu of
1240	prescriptive criteria.
1241	(d)  School boards, community college boards, and state
1242	universities may use annual facility maintenance permits to
1243	facilitate routine maintenance, emergency repairs, building
1244	refurbishment, and minor renovations of systems or equipment.
1245	The amount expended for maintenance projects may not exceed
1246	$200,000 per project. A facility maintenance permit is valid for
1247	1 year. A detailed log of alterations and inspections must be
1248	maintained and annually submitted to the building official. The
1249	building official retains the right to make inspections at the
1250	facility site as he or she considers necessary. Code compliance
1251	must be provided upon notification by the building official. If
1252	a pattern of code violations is found, the building official may
1253	withhold the issuance of future annual facility maintenance
1254	permits.
1255
1256	Nothing in This part may not shall be construed to authorize
1257	counties, municipalities, or code enforcement districts to
1258	conduct any permitting, plans review, or inspections not covered
1259	by the Florida Building Code. Any actions by counties or
1260	municipalities not in compliance with this part may be appealed
1261	to the Florida Building Commission. The commission, upon a
1262	determination that actions not in compliance with this part have
1263	delayed permitting or construction, may suspend the authority of
1264	a county, municipality, or code enforcement district to enforce
1265	the Florida Building Code on the buildings, structures, or
1266	facilities of a state university, state community college, or
1267	public school district and provide for code enforcement at the
1268	expense of the state university, state community college, or
1269	public school district.
1270	(7)  The governing bodies of local governments may provide
1271	a schedule of reasonable fees, as authorized by s. 125.56(2) or
1272	s. 166.222 and this section, for enforcing this part. These
1273	fees, and any fines or investment earnings related to the fees,
1274	shall be used solely for carrying out the local government's
1275	responsibilities in enforcing the Florida Building Code. When
1276	providing a schedule of reasonable fees, the total estimated
1277	annual revenue derived from fees, and the fines and investment
1278	earnings related to the fees, may not exceed the total estimated
1279	annual costs of allowable activities. Any unexpended balances
1280	shall be carried forward to future years for allowable
1281	activities or shall be refunded at the discretion of the local
1282	government. The basis for a fee structure for allowable
1283	activities shall relate to the level of service provided by the
1284	local government. Fees charged shall be consistently applied.
1285	(a)  As used in this subsection, the phrase "enforcing the
1286	Florida Building Code" includes the direct costs and reasonable
1287	indirect costs associated with review of building plans,
1288	building inspections, reinspections, building permit processing;
1289	building code enforcement; and fire inspections associated with
1290	new construction. The phrase may also include training costs
1291	associated with the enforcement of the Florida Building Code and
1292	enforcement action pertaining to unlicensed contractor activity
1293	to the extent not funded by other user fees.
1294	(b)  The following activities may not be funded with fees
1295	adopted for enforcing the Florida Building Code:
1296	1.  Planning and zoning or other general government
1297	activities.
1298	2.  Inspections of public buildings for a reduced fee or no
1299	fee.
1300	3.  Public information requests, community functions,
1301	boards, and any program not directly related to enforcement of
1302	the Florida Building Code.
1303	4.  Enforcement and implementation of any other local
1304	ordinance, excluding validly adopted local amendments to the
1305	Florida Building Code and excluding any local ordinance directly
1306	related to enforcing the Florida Building Code as defined in
1307	paragraph (a).
1308	(c)  A local government shall use recognized management,
1309	accounting, and oversight practices to ensure that fees, fines,
1310	and investment earnings generated under this subsection are
1311	maintained and allocated or used solely for the purposes
1312	described in paragraph (a).
1313	(8)  The Department of Agriculture and Consumer Services is
1314	not subject to local government permitting requirements, plan
1315	review, or inspection fees for agricultural structures, such as
1316	equipment storage sheds and pole barns that are not used by the
1317	public.
1318	Section 16.  Paragraph (c) is added to subsection (17) of
1319	section 120.80, Florida Statutes, to read:
1320	120.80  Exceptions and special requirements; agencies.--
1321	(17)  FLORIDA BUILDING COMMISSION.--
1322	(c)  Notwithstanding ss. 120.565, 120.569, and 120.57, the
1323	Florida Building Commission and hearing officer panels appointed
1324	by the commission in accordance with s. 553.775(3)(c)1. may
1325	conduct proceedings to review decisions of local building code
1326	officials in accordance with s. 553.775(3)(c).
1327	Section 17.  Section 553.841, Florida Statutes, is amended
1328	to read:
1329	(Substantial rewording of section. See
1330	s. 533.841, F.S., for present text.)
1331	553.841  Building code education and outreach program.--
1332	(1)  The Legislature finds that the effectiveness of the
1333	building codes of this state depends on the performance of all
1334	participants, as demonstrated through knowledge of the codes and
1335	commitment to compliance with code directives, and that to
1336	strengthen compliance by industry and enforcement by government,
1337	a building code education and outreach program is needed.
1338	(2)  There is created the Building Code Education and
1339	Outreach Council to coordinate, develop, and maintain education
1340	and outreach to ensure administration and enforcement of the
1341	Florida Building Code.
1342	(3)  The Building Code Education and Outreach Council shall
1343	be composed of the following members:
1344	(a)  Three representatives of the Florida Building
1345	Commission, one of whom must be a member of a Florida-based
1346	organization of persons with disabilities or a nationally
1347	chartered organization of persons with disabilities having
1348	chapters in this state, selected by the commission;
1349	(b)  One representative of the Florida Building Code
1350	Administrators and Inspectors Board, selected by that board;
1351	(c)  One representative of the Construction Industry
1352	Licensing Board, selected by that board;
1353	(d)  One representative of the Electrical Contractors'
1354	Licensing Board, selected by that board;
1355	(e)  One representative of the Florida Board of
1356	Professional Engineers, selected by that board;
1357	(f)  One architect representative of the Board of
1358	Architecture and Interior Design, selected by that board;
1359	(g)  One interior designer representative of the Board of
1360	Architecture and Interior Design, selected by that board;
1361	(h)  One representative of the Board of Landscape
1362	Architecture, selected by that board; and
1363	(i)  One representative from the office of the State Fire
1364	Marshal, selected by that office.
1365
1366	Each member of the board shall be appointed to a 2-year term and
1367	may be reappointed at the discretion of the appointing body. A
1368	chair shall be elected by majority vote of the council and shall
1369	serve a term of 1 year.
1370	(4)  The Building Code Education and Outreach Council shall
1371	meet in Tallahassee no more than semiannually. The council may
1372	meet more often but not more than monthly, and such additional
1373	meetings shall be by telephone conference call. Travel costs, if
1374	any, shall be borne by the respective appointing entity. The
1375	Department of Community Affairs shall provide administrative
1376	support to the council; however, the department may contract
1377	with an entity that has previous experience with building code
1378	training, development, and coordination to provide
1379	administrative support for the council.
1380	(5)  The Building Code Education and Outreach Council
1381	shall:
1382	(a)  Consider and determine any policies or procedures
1383	needed to administer ss. 489.109(3) and 489.509(3).
1384	(b)  Administer the provisions of this section.
1385	(c)  Determine the areas of priority for which funds should
1386	be expended for education and outreach.
1387	(d)  Review all proposed subjects for advanced courses
1388	concerning the Florida Building Code and recommend to the
1389	commission any related subjects that should be approved for
1390	advanced courses.
1391	(6)  The Building Code Education and Outreach Council shall
1392	maintain, update, develop, or cause to be developed:
1393	(a)  A core curriculum that is prerequisite to the advanced
1394	module coursework.
1395	(b)  Advanced modules designed for use by each profession.
1396	(c)  The core curriculum developed under this subsection
1397	must be approved by the commission and submitted to the
1398	Department of Business and Professional Regulation for approval.
1399	Advanced modules developed under this paragraph must be approved
1400	by the commission and submitted to the respective boards for
1401	approval.
1402	(7)  The core curriculum shall cover the information
1403	required to have all categories of participants appropriately
1404	informed as to their technical and administrative
1405	responsibilities in the effective execution of the code process
1406	by all individuals currently licensed under part XII of chapter
1407	468, chapter 471, chapter 481, or chapter 489, except as
1408	otherwise provided in s. 471.017. The core curriculum shall be
1409	prerequisite to the advanced module coursework for all licensees
1410	and shall be completed by individuals licensed in all categories
1411	under part XII of chapter 468, chapter 471, chapter 481, or
1412	chapter 489 within the first 2-year period after initial
1413	licensure. Core course hours taken by licensees to complete this
1414	requirement shall count toward fulfillment of required
1415	continuing education units under part XII of chapter 468,
1416	chapter 471, chapter 481, or chapter 489.
1417	(8)  Each biennium, upon receipt of funds by the Department
1418	of Community Affairs from the Construction Industry Licensing
1419	Board and the Electrical Contractors' Licensing Board provided
1420	under ss. 489.109(3) and 489.509(3), the council shall determine
1421	the amount of funds available for education and outreach
1422	projects from the proceeds of contractor licensing fees and
1423	identify, solicit, and accept funds from other sources for
1424	education and outreach projects.
1425	(9)  If funds collected for education and outreach projects
1426	in any year do not require the use of all available funds, the
1427	unused funds shall be carried forward and allocated for use
1428	during the following fiscal year.
1429	(10)  The commission shall consider and approve or reject
1430	the recommendations made by the council for subjects for
1431	education and outreach concerning the Florida Building Code. Any
1432	rejection must be made with specificity and must be communicated
1433	to the council.
1434	(11)  The commission shall adopt rules for establishing
1435	procedures and criteria for the approval of advanced courses.
1436	This section does not modify or eliminate the continuing
1437	education course requirements or authority of any licensing
1438	board under part XII of chapter 468, chapter 471, chapter 481,
1439	or chapter 489.
1440	Section 18.  Section 553.8413, Florida Statutes, is
1441	repealed.
1442	Section 19.  Subsections (6) through (16) of section
1443	553.842, Florida Statutes, are renumbered as subsections (5)
1444	through (15), respectively, and present subsections (3) through
1445	(8), paragraph (a) of subsection (9), and subsection (16) of
1446	said section are amended to read:
1447	553.842  Product evaluation and approval.--
1448	(3)  Products or methods or systems of construction that
1449	require approval under s. 553.77, that have standardized testing
1450	or comparative or rational analysis methods established by the
1451	code, and that are certified by an approved product evaluation
1452	entity, testing laboratory, or certification agency as complying
1453	with the standards specified by the code shall be approved for
1454	local or statewide use. Products required to be approved for
1455	statewide use shall be approved by one of the methods
1456	established in subsection (5) (6) without further evaluation.
1457	(4)  By October 1, 2003, Products or methods or systems of
1458	construction requiring approval under s. 553.77 must be approved
1459	by one of the methods established in subsection (5) or
1460	subsection (6) before their use in construction in this state.
1461	Products may be approved either by the commission for statewide
1462	use, or by a local building department for use in that
1463	department's jurisdiction only. Notwithstanding a local
1464	government's authority to amend the Florida Building Code as
1465	provided in this act, statewide approval shall preclude local
1466	jurisdictions from requiring further testing, evaluation, or
1467	submission of other evidence as a condition of using the product
1468	so long as the product is being used consistent with the
1469	conditions of its approval.
1470	(5)  Local approval of products or methods or systems of
1471	construction may be achieved by the local building official
1472	through building plans review and inspection to determine that
1473	the product, method, or system of construction complies with the
1474	prescriptive standards established in the code. Alternatively,
1475	local approval may be achieved by one of the methods established
1476	in subsection (6).
1477	(5)(6)  Statewide or local approval of products, methods,
1478	or systems of construction may be achieved by one of the
1479	following methods. One of these methods must be used by local
1480	officials or the commission to approve the following categories
1481	of products: panel walls, exterior doors, roofing, skylights,
1482	windows, shutters, and structural components as established by
1483	the commission by rule.
1484	(a)  Products for which the code establishes standardized
1485	testing or comparative or rational analysis methods shall be
1486	approved by submittal and validation of one of the following
1487	reports or listings indicating that the product or method or
1488	system of construction was evaluated to be in compliance with
1489	the Florida Building Code and that the product or method or
1490	system of construction is, for the purpose intended, at least
1491	equivalent to that required by the Florida Building Code:
1492	1.  A certification mark or listing of an approved
1493	certification agency;
1494	2.  A test report from an approved testing laboratory;
1495	3.  A product evaluation report based upon testing or
1496	comparative or rational analysis, or a combination thereof, from
1497	an approved product evaluation entity; or
1498	4.  A product evaluation report based upon testing or
1499	comparative or rational analysis, or a combination thereof,
1500	developed and signed and sealed by a professional engineer or
1501	architect, licensed in this state.
1502
1503	A product evaluation report or a certification mark or listing
1504	of an approved certification agency which demonstrates that the
1505	product or method or system of construction complies with the
1506	Florida Building Code for the purpose intended shall be
1507	equivalent to a test report and test procedure as referenced in
1508	the Florida Building Code.
1509	(b)  Products, methods, or systems of construction for
1510	which there are no specific standardized testing or comparative
1511	or rational analysis methods established in the code may be
1512	approved by submittal and validation of one of the following:
1513	1.  A product evaluation report based upon testing or
1514	comparative or rational analysis, or a combination thereof, from
1515	an approved product evaluation entity indicating that the
1516	product or method or system of construction was evaluated to be
1517	in compliance with the intent of the Florida Building Code and
1518	that the product or method or system of construction is, for the
1519	purpose intended, at least equivalent to that required by the
1520	Florida Building Code; or
1521	2.  A product evaluation report based upon testing or
1522	comparative or rational analysis, or a combination thereof,
1523	developed and signed and sealed by a professional engineer or
1524	architect, licensed in this state, who certifies that the
1525	product or method or system of construction is, for the purpose
1526	intended, at least equivalent to that required by the Florida
1527	Building Code.
1528	(6)(7)  The commission shall ensure that product
1529	manufacturers that obtain statewide product approval operate
1530	quality assurance programs for all approved products. The
1531	commission shall adopt by rule criteria for operation of the
1532	quality assurance programs.
1533	(7)(8)  For local approvals, validation shall be performed
1534	by the local building official. The commission shall adopt by
1535	rule criteria constituting complete validation by the local
1536	official, including, but not limited to, criteria governing
1537	verification of a quality assurance program. For state
1538	approvals, validation shall be performed by validation entities
1539	approved by the commission. The commission shall adopt by rule
1540	criteria for approval of validation entities, which shall be
1541	third-party entities independent of the product's manufacturer
1542	and which shall certify to the commission the product's
1543	compliance with the code.
1544	(8)(9)  The commission may adopt rules to approve the
1545	following types of entities that produce information on which
1546	product approvals are based. All of the following entities,
1547	including engineers and architects, must comply with a
1548	nationally recognized standard demonstrating independence or no
1549	conflict of interest:
1550	(a)  Evaluation entities that meet the criteria for
1551	approval adopted by the commission by rule. The commission shall
1552	specifically approve the National Evaluation Service, the
1553	International Conference of Building Officials Evaluation
1554	Services, the International Code Council Evaluation Services,
1555	the Building Officials and Code Administrators International
1556	Evaluation Services, the Southern Building Code Congress
1557	International Evaluation Services, and the Miami-Dade County
1558	Building Code Compliance Office Product Control. Architects and
1559	engineers licensed in this state are also approved to conduct
1560	product evaluations as provided in subsection (5) (6).
1561	(15)(16)  The commission may adopt a rule listing the
1562	prescriptive, material standards and alternative means by which
1563	products subject to those standards may demonstrate compliance
1564	with the code. The commission shall establish a schedule for
1565	adoption of the rules required in this section to ensure that
1566	the product manufacturing industry has sufficient time to revise
1567	products to meet the requirements for approval and submit them
1568	for testing or evaluation before the system takes effect on
1569	October 1, 2003, and to ensure that the availability of
1570	statewide approval is not delayed.
1571	Section 20.  Local product approval.--
1572	(1)  For local product approval, products or systems of
1573	construction shall demonstrate compliance with the structural
1574	windload requirements of the Florida Building Code through one
1575	of the following methods:
1576	(a)  A certification mark, listing, or label from a
1577	commission-approved certification agency indicating that the
1578	product complies with the code;
1579	(b)  A test report from a commission-approved testing
1580	laboratory indicating that the product tested complies with the
1581	code;
1582	(c)  A product-evaluation report based upon testing,
1583	comparative or rational analysis, or a combination thereof, from
1584	a commission-approved product evaluation entity which indicates
1585	that the product evaluated complies with the code;
1586	(d)  A product-evaluation report or certification based
1587	upon testing or comparative or rational analysis, or a
1588	combination thereof, developed and signed and sealed by a
1589	Florida professional engineer or Florida registered architect,
1590	which indicates that the product complies with the code;
1591	(e)  A statewide product approval issued by the Florida
1592	Building Commission; or
1593	(f)  Designation of compliance with a prescriptive,
1594	material standard as adopted by the commission by rule pursuant
1595	to s. 553.842(16), Florida Statutes.
1596	(2)  For product-evaluation reports that indicate
1597	compliance with the code based upon a test report from an
1598	approved testing laboratory and rational or comparative analysis
1599	by a Florida registered architect or Florida professional
1600	engineer, the testing laboratory or the evaluating architect or
1601	engineer must certify independence from the product
1602	manufacturer.
1603	(3)  Local building officials may accept modifications to
1604	approved products or their installations if sufficient evidence
1605	is submitted to the local building official to demonstrate
1606	compliance with the code or the intent of the code, including
1607	such evidence as certifications from a Florida registered
1608	architect or Florida professional engineer.
1609	(4)  Products demonstrating compliance shall be
1610	manufactured under a quality assurance program audited by an
1611	approved quality assurance entity.
1612	(5)  Products bearing a certification mark, label, or
1613	listing by an approved certification agency require no further
1614	documentation to establish compliance with the code.
1615	(6)  Upon review of the compliance documentation which
1616	indicates compliance with the code, the authority having
1617	jurisdiction or a local building official shall deem the product
1618	approved for use in accordance with its approval and limitation
1619	of use.
1620	(7)  Approval shall be valid until such time as the product
1621	changes and decreases in performance; the standards of the code
1622	change, requiring increased performance; or the approval is
1623	otherwise suspended or revoked. Changes to the code do not void
1624	the approval of products previously installed in existing
1625	buildings if such products met building code requirements at the
1626	time the product was installed.
1627	Section 21.  Mitigation grant program guidelines.--
1628	(1)  The Legislature finds that facilities owned by the
1629	government and those designated to protect the public should be
1630	the first to adopt the best practices, active risk management,
1631	and improved security planning. These facilities should be
1632	protected to a higher level.
1633	(2)  Beginning with grant funds approved after July 1,
1634	2005, the construction of new or retrofitted window or door
1635	covering that is funded by a hazard mitigation grant program or
1636	shelter retrofit program must conform to design drawings that
1637	are signed, sealed, and inspected by a structural engineer who
1638	is registered in this state. Before the Department of Community
1639	Affairs forwards payment to a recipient of the grant, an
1640	inspection report and attestation or a copy of the sign and
1641	sealed plans shall be provided to the department.
1642	(3)  If the construction is funded by a hazard mitigation
1643	grant or shelter retrofit program, the Department of Community
1644	Affairs shall advise the county, municipality, or other entity
1645	applying for the grant that the cost or price of the project is
1646	not the sole criterion for selecting a vendor.
1647	(4)  A project funded under mitigation or retrofit grants
1648	are subject to inspection by the local building officials in the
1649	county in which the project is performed.
1650	Section 22.  Notwithstanding any provision of the Florida
1651	Building Code to the contrary, backflow prevention assemblies
1652	must be inspected once every 5 years.
1653	Section 23.  Subsections (5), (14), and (18) of section
1654	633.021, Florida Statutes, are amended to read:
1655	633.021  Definitions.--As used in this chapter:
1656	(5)(a)  "Contractor I" means a contractor whose business
1657	includes the execution of contracts requiring the ability to lay
1658	out, fabricate, install, inspect, alter, repair, and service all
1659	types of fire protection systems, excluding preengineered
1660	systems.
1661	(b)  "Contractor II" means a contractor whose business is
1662	limited to the execution of contracts requiring the ability to
1663	lay out, fabricate, install, inspect, alter, repair, and service
1664	water sprinkler systems, water spray systems, foam-water
1665	sprinkler systems, foam-water spray systems, standpipes,
1666	combination standpipes and sprinkler risers, all piping that is
1667	an integral part of the system beginning at the point of service
1668	as defined in this section where the piping is used exclusively
1669	for fire protection, sprinkler tank heaters, air lines, thermal
1670	systems used in connection with sprinklers, and tanks and pumps
1671	connected thereto, excluding preengineered systems.
1672	(c)  "Contractor III" means a contractor whose business is
1673	limited to the execution of contracts requiring the ability to
1674	lay out, fabricate, install, inspect, alter, repair, and service
1675	CO2 systems, foam extinguishing systems, dry chemical systems,
1676	and Halon and other chemical systems, excluding preengineered
1677	systems.
1678	(d)  "Contractor IV" means a contractor whose business is
1679	limited to the execution of contracts requiring the ability to
1680	lay out, fabricate, install, inspect, alter, repair, and service
1681	automatic fire sprinkler systems for detached one-family
1682	dwellings, detached two-family dwellings, and mobile homes,
1683	excluding preengineered systems and excluding single-family
1684	homes in cluster units, such as apartments, condominiums, and
1685	assisted living facilities or any building that is connected to
1686	other dwellings.
1687	(e)  "Contractor V" means a contractor whose business is
1688	limited to the execution of contracts requiring the ability to
1689	lay out, fabricate, install, inspect, alter, repair, and service
1690	the underground piping for a fire protection system using water
1691	as the extinguishing agent beginning at the point of service as
1692	defined in this section at which the piping is used exclusively
1693	for fire protection and ending no more than 1 foot above the
1694	finished floor.
1695
1696	The definitions in this subsection must not be construed to
1697	include fire protection engineers or architects and do not limit
1698	or prohibit a licensed fire protection engineer or architect
1699	from designing any type of fire protection system. A distinction
1700	is made between system design concepts prepared by the design
1701	professional and system layout as defined in this section and
1702	typically prepared by the contractor. However, persons certified
1703	as a Contractor I, Contractor II, or Contractor IV under this
1704	chapter may design fire protection systems of 49 or fewer
1705	sprinklers heads, and may design the alteration of an existing
1706	fire sprinkler system if the alteration consists of the
1707	relocation, addition, or deletion of not more than 49 sprinklers
1708	heads, notwithstanding the size of the existing fire sprinkler
1709	system. A Contractor I, Contractor II, or Contractor IV may
1710	design a fire protection system the scope of which complies with
1711	NFPA 13D, Standard for the Installation of Sprinkler Systems in
1712	One- and Two-Family Dwellings and Manufactured Homes, as adopted
1713	by the State Fire Marshal, notwithstanding the number of fire
1714	sprinklers. Contractor-developed Such plans may not be required
1715	by any local permitting authority to be sealed by a registered
1716	professional engineer.
1717	(14)  "Layout" as used in this chapter means the layout of
1718	risers, cross mains, branch lines, sprinkler heads, sizing of
1719	pipe, hanger locations, and hydraulic calculations in accordance
1720	with the design concepts established through the provisions of
1721	the Responsibility Rules adopted by the Board of Professional
1722	Engineers s. 553.79(6)(c).
1723	(18)  "Point of service Point-of-service" means the point
1724	at which the underground piping for a fire protection sprinkler
1725	system as defined in this section using water as the
1726	extinguishing agent becomes used exclusively for the fire
1727	protection sprinkler system. The point-of-service is designated
1728	by the engineer who sealed the plans for a system of 50 or more
1729	heads or by the contractor who designed the plans for a system
1730	of 49 or fewer heads.
1731	Section 24.  Subsection (11) is added to section 633.0215,
1732	Florida Statutes, to read:
1733	633.0215  Florida Fire Prevention Code.--
1734	(11)  The design of interior stairways within dwelling
1735	units, including stair tread width and riser height, landings,
1736	handrails, and guards, must be consistent with chapter 10 of the
1737	Florida Building Code.
1738	Section 25.  Subsection (9) of section 633.025, Florida
1739	Statutes, is amended, and subsection (10) is added to said
1740	section, to read:
1741	633.025  Minimum firesafety standards.--
1742	(9)  The provisions of the Life Safety Code shall not apply
1743	to newly constructed one-family and two-family dwellings.
1744	However, fire sprinkler protection may be permitted by local
1745	government in lieu of other fire protection-related development
1746	requirements for such structures. While local governments may
1747	adopt fire sprinkler requirements for one-family and two-family
1748	dwellings pursuant to this subsection, it is the intent of the
1749	Legislature that the economic consequences of the fire sprinkler
1750	mandate on homeowners be investigated prior to the enactment of
1751	such requirement. After the effective date of this act, each
1752	local government that desires to adopt a fire sprinkler
1753	requirement on one-family or two-family dwellings shall prepare
1754	an economic cost-benefit report which analyzes the application
1755	of fire sprinklers to one-family or two-family dwellings or any
1756	proposed residential subdivision. The report shall consider the
1757	tradeoffs and specific cost savings and benefits of fire
1758	sprinklers for future property owners. The report shall include
1759	an assessment of the cost savings from any reduced or eliminated
1760	impact fees, if applicable; the reduction in special fire
1761	district tax, insurance fees, and other taxes or fees imposed;
1762	and the waiver of certain infrastructure requirements, including
1763	the reduction of roadway widths, the reduction of water line
1764	sizes, increased fire hydrant spacing, increased dead-end
1765	roadway length, and a reduction in cul-de-sac sizes relative to
1766	the costs from fire sprinkling. The failure to prepare an
1767	economic report shall result in the invalidation of such fire
1768	sprinkler requirement to any one-family or two-family dwelling
1769	or any proposed subdivision. In addition, no local jurisdiction
1770	or utility shall charge any additional fee, above what is
1771	charged to a dwelling without a fire sprinkler, on the basis
1772	that a one-family or two-family dwelling unit is protected by a
1773	fire sprinkler system.
1774	(10)  Prior to imposing a fire sprinkler requirement on any
1775	one-family or two-family dwelling, local governments shall
1776	provide the owner of any one-family or two-family dwelling a
1777	letter documenting specific infrastructure or other tax or fee
1778	allowances and waivers as listed in, but not limited to,
1779	subsection (9) for the dwelling, and the letter shall show that
1780	the cost savings reasonably approximate the cost of the purchase
1781	and installation of a fire protection system.
1782	Section 26.  Section 633.026, Florida Statutes, is created
1783	to read:
1784	633.026  Informal interpretations of the Florida Fire
1785	Prevention Code.--The Division of State Fire Marshal shall by
1786	rule establish an informal process of rendering nonbinding
1787	interpretations of the Florida Fire Prevention Code. The
1788	Division of State Fire Marshal may contract with and refer
1789	interpretive issues to a nonprofit organization that has
1790	experience in interpreting and enforcing provisions of the
1791	Florida Fire Prevention Code. The Division of State Fire Marshal
1792	shall immediately implement the process prior to the completion
1793	of formal rulemaking. It is the intent of the Legislature that
1794	the Division of State Fire Marshal create a process to refer
1795	questions to a small group of individuals certified under s.
1796	633.081(2), to which a party can pose questions regarding the
1797	interpretation of code provisions. It is the intent of the
1798	Legislature that the process provide for the expeditious
1799	resolution of the issues presented and publication of the
1800	resulting interpretation on the website of the Division of State
1801	Fire Marshal. It is the intent of the Legislature that this
1802	program be similar to the program established by the Florida
1803	Building Commission in s. 553.77(7). Such interpretations shall
1804	be advisory only and nonbinding on the parties or the State Fire
1805	Marshal. In order to administer this section, the department may
1806	adopt by rule and impose a fee for nonbinding interpretations
1807	with payment made directly to the third party. The fee shall not
1808	exceed $150 for each request for a review or interpretation.
1809	Section 27.  Section 633.071, Florida Statutes, is amended
1810	to read:
1811	633.071  Standard service tag required on all fire
1812	extinguishers and preengineered systems; serial number required
1813	on all portable fire extinguishers; standard inspection tags
1814	required on all fire protection systems.--
1815	(1)  The State Fire Marshal shall adopt by rule
1816	specifications as to the size, shape, color, and information and
1817	data contained thereon of service tags to be attached to all
1818	fire extinguishers and preengineered systems required by statute
1819	or by rule, whether they be portable, stationary, or on wheels
1820	when they are placed in service, installed, serviced, repaired,
1821	tested, recharged, or inspected. Fire extinguishers may be
1822	tagged only after meeting all standards as set forth by this
1823	chapter, the standards of the National Fire Protection
1824	Association, and manufacturer's specifications. Preengineered
1825	systems may be tagged only after a system has been inspected,
1826	serviced, installed, repaired, tested, recharged, and
1827	hydrotested in compliance with this chapter, the standards of
1828	the National Fire Protection Association, and the manufacturer's
1829	specifications, and after a report, as specified by rule, has
1830	been completed in detail, indicating any and all deficiencies or
1831	deviations from the manufacturer's specifications and the
1832	standards of the National Fire Protection Association. A copy of
1833	the inspection report shall be provided to the owner at the time
1834	of inspection, and, if a system is found to be in violation of
1835	this chapter, the manufacturer's specifications, or the
1836	standards of the National Fire Protection Association, a copy
1837	shall be forwarded to the state or local authority having
1838	jurisdiction within 30 days from the date of service. It shall
1839	be unlawful to place in service, service, test, repair, inspect,
1840	install, hydrotest, or recharge any fire extinguisher or
1841	preengineered system without attaching one of these tags
1842	completed in detail, including the actual month work was
1843	performed, or to use a tag not meeting the specifications set
1844	forth by the State Fire Marshal.
1845	(2)  All portable fire extinguishers required by statute or
1846	by rule shall be listed by Underwriters Laboratories, Inc., or
1847	approved by Factory Mutual Laboratories, Inc., or listed by a
1848	nationally recognized testing laboratory in accordance with
1849	procedures adopted pursuant to s. 633.083(2), and carry an
1850	Underwriters Laboratories, Inc., or manufacturer's serial
1851	number. These listings, approvals, and serial numbers may be
1852	stamped on the manufacturer's identification and instructions
1853	plate or on a separate Underwriters Laboratories, Inc., or
1854	Factory Mutual Laboratories, Inc., plate soldered or attached to
1855	the extinguisher shell in some permanent manner.
1856	(3)  The State Fire Marshal shall adopt by rule
1857	specifications as to the size, shape, color, information, and
1858	data contained thereon of inspection tags to be attached to all
1859	types of fire protection systems and information required on an
1860	inspection report of such an inspection.
1861	Section 28.  Section 633.082, Florida Statutes, is amended
1862	to read:
1863	633.082  Inspection of fire control systems and fire
1864	protection systems.--
1865	(1)  The State Fire Marshal shall have the right to inspect
1866	any fire control system during and after construction to
1867	determine that such system meets the standards set forth in the
1868	laws and rules of the state.
1869	(2)  Fire protection systems installed in public and
1870	private properties, except one-family or two-family dwellings,
1871	in this state shall be inspected following procedures
1872	established in the nationally recognized inspection, testing,
1873	and maintenance standard NFPA-25 as set forth in the edition
1874	adopted by the State Fire Marshal. Quarterly, annual, 3-year,
1875	and 5-year inspections consistent with the contractual
1876	provisions with the owner shall be conducted by the
1877	certificateholder or permittees employed by the
1878	certificateholder pursuant to s. 633.521.
1879	(3)  The inspecting contractor shall provide to the
1880	building owner and the local authority having jurisdiction a
1881	copy of the inspection report established under s. 633.071(3).
1882	The maintenance of fire protection systems as well as corrective
1883	actions on deficient systems is the responsibility of the owner
1884	of the system or hydrant. This section does not prohibit
1885	governmental entities from inspecting and enforcing firesafety
1886	codes.
1887	Section 29.  Section 633.521, Florida Statutes, is amended
1888	to read:
1889	633.521  Certificate application and issuance; permit
1890	issuance; examination and investigation of applicant.--
1891	(1)  To obtain a certificate, an applicant shall submit to
1892	the State Fire Marshal an application in writing, on a form
1893	provided by the State Fire Marshal containing the information
1894	prescribed, which shall be accompanied by the fee fixed herein,
1895	containing a statement that the applicant desires the issuance
1896	of a certificate and stating the class of certificate requested.
1897	(2)(a)  Examinations shall be administered by the State
1898	Fire Marshal and held at times and places within the state as
1899	the State Fire Marshal determines, but there shall be at least
1900	two examinations a year. Each applicant shall take and pass an
1901	objective, written examination of her or his fitness for a
1902	certificate in the class for which the application is requested.
1903	There shall be a type of examination for each of the classes of
1904	certificates defined in s. 633.021(5). The examination shall
1905	test the applicant's ability to lay out, fabricate, install,
1906	alter, repair, and inspect fire protection systems and their
1907	appurtenances and shall test the applicant's fitness in business
1908	and financial management. The test shall be based on applicable
1909	standards of the National Fire Protection Association and on
1910	relevant Florida and federal laws pertaining to the construction
1911	industry, safety standards, administrative procedures, and
1912	pertinent technical data.
1913	(b)  A passing grade on the examination is 70 percent, and
1914	such examinations may be developed by an independent
1915	professional testing agency. The tests shall be prepared,
1916	administered, and scored in compliance with generally accepted
1917	professional testing standards.
1918	(c)  The division shall solicit suggestions from affected
1919	persons regarding the content of examinations.
1920	(d)  A reexamination may not be scheduled sooner than 30
1921	days after any administration of an examination to an applicant.
1922	(e)  An applicant may not be examined more than four times
1923	during 1 year for certification as a contractor pursuant to this
1924	section unless the person is or has been certified and is taking
1925	the examination to change classifications. If an applicant does
1926	not pass one or more parts of the examination, she or he may
1927	take any part of the examination three more times during the 1-
1928	year period beginning upon the date she or he originally filed
1929	an application to take the examination. If the applicant does
1930	not pass the examination within that 1-year period, she or he
1931	must file a new application and pay the application and
1932	examination fees in order to take the examination or a part of
1933	the examination again. However, the applicant may not file a new
1934	application sooner than 6 months after the date of her or his
1935	last examination.
1936	(3)  As a prerequisite to taking the examination for
1937	certification as a Contractor I, Contractor II, or Contractor
1938	III, the applicant must be at least 18 years of age, be of good
1939	moral character, and shall possess 4 years' proven experience in
1940	the employment of a fire protection system Contractor I,
1941	Contractor II, or Contractor III or a combination of equivalent
1942	education and experience. As a prerequisite to taking the
1943	examination for certification as a Contractor IV, the applicant
1944	shall be at least 18 years old, be of good moral character, and
1945	have at least 2 years' proven experience in the employment of a
1946	fire protection system Contractor I, Contractor II, Contractor
1947	III, or Contractor IV or combination of equivalent education and
1948	experience which combination need not include experience in the
1949	employment of a fire protection system contractor. As a
1950	prerequisite to taking the examination for certification as a
1951	Contractor V, the applicant shall be at least 18 years old, be
1952	of good moral character, and have been licensed as a certified
1953	underground utility and excavation contractor or plumbing
1954	contractor pursuant to chapter 489, have verification by an
1955	individual who is licensed as a certified underground utility
1956	and excavation contractor or plumbing contractor pursuant to
1957	chapter 489 that the applicant has 4 years' proven experience in
1958	the employ of a certified underground utility and excavation
1959	contractor or plumbing contractor, or have a combination of
1960	education and experience equivalent to 4 years' proven
1961	experience in the employ of a certified underground utility and
1962	excavation contractor or plumbing contractor. Within 30 days
1963	after from the date of the examination, the State Fire Marshal
1964	shall inform the applicant in writing whether she or he has
1965	qualified or not and, if the applicant has qualified, that she
1966	or he is ready to issue a certificate of competency, subject to
1967	compliance with the requirements of subsection (4).
1968	(4)  As a prerequisite to issuance of a certificate, the
1969	State Fire Marshal shall require the applicant to submit
1970	satisfactory evidence that she or he has obtained insurance
1971	providing coverage for comprehensive general liability for
1972	bodily injury and property damages, products liability,
1973	completed operations, and contractual liability. The State Fire
1974	Marshal may adopt rules providing for the amount of insurance,
1975	but such amount shall not be less than $500,000 for a Contractor
1976	I, Contractor II, Contractor III, or Contractor V and shall not
1977	be less than $250,000 for a Contractor IV. An insurer which
1978	provides such coverage shall notify within 30 days the State
1979	Fire Marshal of any material change in coverage or any
1980	termination, cancellation, or nonrenewal of such coverage. An
1981	insurer which fails to so notify the State Fire Marshal's office
1982	shall be subject to the penalties provided under s. 624.4211.
1983	(5)  Upon satisfaction of the requirements of subsections
1984	(1), (2), (3), and (4), the certificate shall be issued
1985	forthwith. However, no certificate shall remain in effect if,
1986	after issuance, the certificateholder fails to maintain the
1987	insurance coverage required by this section.
1988	(6)  If an applicant for an original certificate, after
1989	having been notified to do so, does not appear for examination
1990	or does not pass the examination within 1 year from the date of
1991	filing her or his application, the fee paid by the applicant
1992	shall be forfeited. New applications for a certificate shall be
1993	accompanied by another application fee fixed by this chapter.
1994	(7)  The State Fire Marshal may, at any time subsequent to
1995	the issuance of the certificate or its renewal, require, upon
1996	demand and in no event more than 30 days after notice of the
1997	demand, the certificateholder to provide proof of insurance
1998	coverage on a form provided by the State Fire Marshal containing
1999	confirmation of insurance coverage as required by this chapter.
2000	Failure to provide proof of insurance coverage as required, for
2001	any length of time, shall result in the immediate suspension of
2002	the certificate until proof of insurance is provided to the
2003	State Fire Marshal.
2004	(8)  An individual employed by a Contractor I or Contractor
2005	II certificateholder, as established in this section, who will
2006	be inspecting water-based fire protection systems as required
2007	under s. 633.082, must be issued a permit by the State Fire
2008	Marshal to conduct such work. The permit is valid solely for use
2009	by the holder thereof in his or her employment by the
2010	certificateholder named in the permit. A permittee must have a
2011	valid and subsisting permit upon his or her person at all times
2012	while engaging in inspecting fire protection systems, and a
2013	permitholder must be able to produce such a permit upon demand.
2014	In addition, a permittee shall, at all times while performing
2015	inspections, carry an identification card containing his or her
2016	photograph and other identifying information as prescribed by
2017	the State Fire Marshal, and the permittee must produce the
2018	identification card and information upon demand. The permit and
2019	the identification may be one and the same. A permittee is
2020	limited as to the specific type of work performed, depending
2021	upon the class of certificate held by the certificateholder
2022	under whom the permittee is working. The permit class shall be
2023	known as a Water-Based Fire Protection Inspector whose permit
2024	allows the holder to inspect water sprinkler systems, water
2025	spray systems, foam-water sprinkler systems, foam-water spray
2026	systems, standpipes, combination standpipes and sprinkler
2027	systems, all piping that is an integral part of the system
2028	beginning at the point where the piping is used exclusively for
2029	fire protection, sprinkler tank heaters, air lines, thermal
2030	systems used in connection with sprinklers, and tanks and pumps
2031	connected thereto, excluding preengineered systems. It is the
2032	intent of the Legislature that the inspections and testing of
2033	automatic fire sprinkler systems for detached one-family
2034	dwellings, detached two-family dwellings, and mobile homes be
2035	accomplished by the owner, who is responsible for requesting
2036	service from a contractor when necessary. It is further intended
2037	that the NFPA-25 inspection of exposed underground piping
2038	supplying a fire protection system be conducted by a Contractor
2039	I or Contractor II.
2040	(9)  Effective July 1, 2008, the State Fire Marshal shall
2041	require the National Institute of Certification in Engineering
2042	Technologies (NICET), Sub-field of Inspection and Testing of
2043	Fire Protection Systems Level II or equivalent training and
2044	education as determined by the division as proof that the
2045	permitholders are knowledgeable about nationally accepted
2046	standards for the inspection of fire protection systems. It is
2047	the intent of this act, from July 1, 2005, until July 1, 2008,
2048	to accept continuing education of all certificateholders'
2049	employees who perform inspection functions which specifically
2050	prepares the permitholder to qualify for NICET II certification.
2051	Section 30.  Section 633.524, Florida Statutes, is amended
2052	to read:
2053	633.524  Certificate and permit fees; use and deposit of
2054	collected funds.--
2055	(1)  The initial application fee for each class of
2056	certificate shall be $300. The biennial renewal fee for each
2057	class of certificate shall be $150 $250. The initial application
2058	fee for the permit classification shall be $100. The biennial
2059	renewal fee for the permit classification shall be $50. The fee
2060	for certificates issued as duplicates or to reflect a change of
2061	address is $15 shall be $5 each. The fee for each examination or
2062	reexamination for each class of certificate scheduled shall be
2063	$100.
2064	(2)  All moneys collected by the State Fire Marshal
2065	pursuant to this chapter are hereby appropriated for the use of
2066	the State Fire Marshal in the administration of this chapter and
2067	shall be deposited in the Insurance Regulatory Trust Fund.
2068	Section 31.  Subsection (4) is added to section 633.537,
2069	Florida Statutes, to read:
2070	633.537  Certificate; expiration; renewal; inactive
2071	certificate; continuing education.--
2072	(4)  The renewal period for the permit class is the same as
2073	that of the employing certificateholder. The continuing
2074	education requirements for permitholders shall be 8 contact
2075	hours by June 30, 2006. An additional 16 contact hours of
2076	continuing education is required by June 30, 2008, and during
2077	each biennial renewal period thereafter. The continuing
2078	education curriculum from July 1, 2005, until July 1, 2008,
2079	shall be the preparatory curriculum for NICET II certification;
2080	after July 1, 2008, the technical curriculum is at the
2081	discretion of the State Fire Marshal. It is the responsibility
2082	of the permitholder to maintain NICET II certification as a
2083	condition of permit renewal after July 1, 2008.
2084	Section 32.  Subsection (2) of section 633.539, Florida
2085	Statutes, is amended, and subsections (3) and (4) are added to
2086	said section, to read:
2087	633.539  Requirements for installation, inspection, and
2088	maintenance of fire protection systems.--
2089	(2)  Equipment shall be inspected, serviced, and maintained
2090	in accordance with the manufacturer's maintenance procedures and
2091	with applicable National Fire Protection Association standards.
2092	The inspection of fire protection systems shall be conducted by
2093	a certificateholder or holder of a permit issued by the State
2094	Fire Marshal. The permitholder may perform inspections on fire
2095	protection systems only while employed by the certificateholder.
2096	This section does not prohibit the authority having jurisdiction
2097	or insurance company representatives from reviewing the system
2098	in accordance with acceptable oversight standards.
2099	(3)  For contracts written after June 30, 2005, the
2100	contractor who installs the underground from the point of
2101	service is responsible for completing the installation to the
2102	aboveground connection flange, which by definition in this
2103	chapter is no more than 1 foot above the finished floor, before
2104	completing the Contractor's Material and Test Certificate for
2105	Underground Piping document. Aboveground contractors may not
2106	complete the Contractor's Material and Test Certificate for
2107	Underground Piping document for underground piping or portions
2108	thereof which have been installed by others.
2109	(4)  The Contractor V may install the cross-connection
2110	backflow prevention device as defined in this chapter on new
2111	installations. The retrofitting of a backflow device on an
2112	existing fire protection system will cause a reduction in
2113	available water pressure and probable system malfunction. The
2114	development of aboveground fire protection system hydraulic
2115	calculations is a task of the Contractor I and II, as defined in
2116	this chapter. Accordingly, a Contractor V is expressly
2117	prohibited from retrofitting cross-connection backflow
2118	prevention devices on an existing fire protection system, and
2119	only a Contractor I or Contractor II who is tasked to
2120	recalculate the system and take corrective actions to ensure
2121	that the system will function with the available water supply
2122	may retroactively install these backflow devices on existing
2123	fire protection systems.
2124	Section 33.  Section 633.547, Florida Statutes, is amended
2125	to read:
2126	633.547  Disciplinary action; fire protection system
2127	contractors; grounds for denial, nonrenewal, suspension, or
2128	revocation of certificate or permit.--
2129	(1)  The State Fire Marshal shall investigate the alleged
2130	illegal action of any fire protection system contractor or
2131	permittee certified under this chapter and hold hearings
2132	pursuant to chapter 120.
2133	(2)  The following acts constitute cause for disciplinary
2134	action:
2135	(a)  Violation of any provision of this chapter or of any
2136	rule adopted pursuant thereto.
2137	(b)  Violation of the applicable building codes or laws of
2138	this state or any municipality or county thereof.
2139	(c)  Diversion of funds or property received for
2140	prosecution or completion of a specified construction project or
2141	operation when, as a result of the diversion, the contractor is,
2142	or will be, unable to fulfill the terms of her or his obligation
2143	or contract.
2144	(d)  Disciplinary action by any municipality or county,
2145	which action shall be reviewed by the State Fire Marshal before
2146	taking any disciplinary action.
2147	(e)  Failure to supervise the installation of the fire
2148	protection system covered by the building permit signed by the
2149	contractor.
2150	(f)  Rendering a fire protection system, standpipe system,
2151	or underground water supply main connecting to the system
2152	inoperative except when the fire protection system, standpipe
2153	system, or underground water supply main is being inspected,
2154	serviced, tested, or repaired, or except pursuant to court
2155	order.
2156	(g)  Improperly servicing, repairing, testing, or
2157	inspecting a fire protection, standpipe system, or underground
2158	water supply main connecting to the system.
2159	(h)  Failing to provide proof of insurance to the State
2160	Fire Marshal or failing to maintain in force the insurance
2161	coverage required by s. 633.521.
2162	(i)  Failing to obtain, retain, or maintain one or more of
2163	the qualifications for a certificate as specified in this
2164	chapter.
2165	(j)  Making a material misstatement, misrepresentation, or
2166	committing a fraud in obtaining or attempting to obtain a
2167	certificate.
2168	(k)  Failing to notify the State Fire Marshal, in writing,
2169	within 30 days after a change of residence address, principal
2170	business address, or name.
2171	(3)  The State Fire Marshal is authorized to take the
2172	following disciplinary action:
2173	(a)  She or he may suspend the certificateholder for a
2174	period not to exceed 2 years from all operations as a contractor
2175	during the period fixed by the State Fire Marshal, but she or he
2176	may permit the certificateholder to complete any contracts then
2177	incomplete.
2178	(b)  She or he may revoke a certificate for a period not to
2179	exceed 5 years.
2180	(4)  During the suspension or revocation of the
2181	certificate, the former certificateholder shall not engage in or
2182	attempt to profess to engage in any transaction or business for
2183	which a certificate is required under this chapter or directly
2184	or indirectly own, control, or be employed in any manner by any
2185	firm or corporation for which a certificate under this chapter
2186	is required. The department shall not, so long as the revocation
2187	or suspension remains in effect, grant any new certificate for
2188	the establishment of any new firm, business, or corporation of
2189	any person that has or will have the same or similar management,
2190	ownership, control, or employees or that will use a same or
2191	similar name as a previously revoked or suspended firm,
2192	business, or corporation.
2193	(5)  The State Fire Marshal may deny, suspend, or revoke
2194	the certificate of:
2195	(a)  Any person, firm, or corporation the certificate of
2196	which under this chapter has been suspended or revoked.
2197	(b)  Any firm or corporation if an officer, director,
2198	stockholder, owner, or person interested directly or indirectly
2199	has had his or her certificate under this chapter suspended or
2200	revoked.
2201	(c)  Any person who is or has been an officer, director,
2202	stockholder, or owner of a firm or corporation, or who was
2203	interested directly or indirectly in a corporation, the
2204	certificate of which has been suspended or revoked under this
2205	chapter.
2206	(6)  The lapse or suspension of a certificate by operation
2207	of law or by order of the State Fire Marshal or a court or its
2208	voluntary surrender by a certificateholder does not deprive the
2209	State Fire Marshal of jurisdiction to investigate or act in
2210	disciplinary proceedings against the certificateholder.
2211	(7)  The filing of a petition in bankruptcy, either
2212	voluntary or involuntary, or the making of a composition of
2213	creditors or the appointment of a receiver for the business of
2214	the certificateholder may be considered by the State Fire
2215	Marshal as just cause for suspension of a certificate.
2216	Section 34.  Subsection (4) is added to section 633.702,
2217	Florida Statutes, to read:
2218	633.702  Prohibited acts regarding alarm system contractors
2219	or certified unlimited electrical contractors; penalties.--
2220	(4)  It is a misdemeanor of the first degree, punishable as
2221	provided in s. 775.082 or s. 775.083, for any person to
2222	intentionally or willfully install, service, test, repair,
2223	improve, or inspect a fire alarm system unless:
2224	(a)  The person is the holder of a valid and current active
2225	license as a certified unlimited electrical contractor, as
2226	defined in part II of chapter 489;
2227	(b)  The person is the holder of a valid and current active
2228	license as a licensed fire alarm contractor, as defined in part
2229	II of chapter 489;
2230	(c)  The person is authorized to act as a fire alarm system
2231	agent pursuant to s. 489.5185; or
2232	(d)  The person is exempt pursuant to s. 489.503.
2233	Section 35.  Subsection (4) is added to section 1013.372,
2234	Florida Statutes, to read:
2235	1013.372  Education facilities as emergency shelters.--
2236	(4)  All costs associated with ensuring that appropriate
2237	new educational facilities can serve as public shelters for
2238	emergency management purposes shall be the responsibility of the
2239	county in which the facility is located.
2240	Section 36.  Upon creation of chapter 515, Florida
2241	Statutes, the Legislature intended that any swimming pool exit
2242	alarm that complied with Underwriters Laboratories Standard
2243	Number 2017 be permissible as an alternative to comply with the
2244	swimming pool safety provisions in that chapter. The Florida
2245	Building Commission shall amend the Florida Building Code to
2246	accurately reflect this intent. Notwithstanding s. 553.73,
2247	Florida Statutes, the commission is required only to follow the
2248	rule adoption procedures of chapter 120, Florida Statutes, to
2249	comply with this section and shall complete rulemaking prior to
2250	November 1, 2005. Upon publication of the applicable notice of
2251	rule development in the Florida Administrative Weekly, any alarm
2252	that complies with Underwriters Laboratories Standard Number
2253	2017 shall be allowed.
2254	Section 37.  the Florida Building Commission shall
2255	integrate standards pertaining to ventless attic spaces as
2256	adopted by the International Code Council into the Florida
2257	Building Code. Notwithstanding s. 553.73, Florida Statutes, the
2258	commission may adopt amendments to the Florida Building Code,
2259	2004 edition, to integrate the provisions subject only to the
2260	rule adoption procedures contained in chapter 120, Florida
2261	Statutes. The commission shall adopt the provisions into the
2262	code not later than November 1, 2005.
2263	Section 38.  (1)  A local government must advise an
2264	applicant what information, if any, is needed to deem the
2265	application properly completed in compliance with the filing
2266	requirements published by the local government. The local
2267	government must notify the applicant not later than 10 days
2268	after the applicant submits the application to the local
2269	government. If the local government does not receive a written
2270	notice that the applicant has not submitted the properly
2271	completed application, the application is automatically deemed
2272	properly completed and accepted. Within 45 days after receiving
2273	a completed application, a local government must notify an
2274	applicant if additional information is required for the local
2275	government to determine the sufficiency of the application, and
2276	shall specify the additional information that is required. The
2277	applicant must submit the additional information to the local
2278	government or request that the local government act without the
2279	additional information. While the applicant responds to the
2280	request for additional information, the 120-day period described
2281	in subsection (2) is tolled. Both parties may agree to a
2282	reasonable request for an extension of time, particularly in the
2283	event of a force majeure or other extraordinary circumstance.
2284	The local government must approve, approve with conditions, or
2285	deny the application within 120 days following receipt of a
2286	completed application.
2287	(2)  The procedures set forth in subsection (1) apply to
2288	the following building permit applications: accessory structure;
2289	alarm permit; nonresidential buildings less than 25,000 square
2290	feet; electric; irrigation permit; landscaping; mechanical;
2291	plumbing; residential units other than a single-family unit;
2292	multifamily residential not exceeding 50 units; roofing; signs;
2293	site-plan approvals and subdivision plats not requiring public
2294	hearings or public notice; and lot grading and site alteration
2295	associated with the permit application set forth in this
2296	subsection. The procedures set forth in subsection (1) do not
2297	apply to permits for any wireless communications facilities or
2298	when a law, agency rule, or local ordinance specify different
2299	timeframes for review of local building permit applications.
2300	Section 39.  Section 553.851, Florida Statutes, is
2301	repealed.
2302	Section 40.  Subsection (3) of section 109 of chapter 2000-
2303	141, Laws of Florida, is amended to read:
2304	Section 109.  The Legislature has reviewed the Florida
2305	Building Code that was adopted by action of the Florida Building
2306	Commission on February 15, 2000, and that was noticed for rule
2307	adoption by reference in Rule 9B-3.047, F.A.C., on February 18,
2308	2000, in the Florida Administrative Weekly on page 731. The
2309	Florida Building Commission is directed to continue the process
2310	to adopt the code, pursuant to section 120.54(3), Florida
2311	Statutes, and to incorporate the following provisions or
2312	standards for the State of Florida:
2313	(3)  For areas of the state not within the high velocity
2314	hurricane zone, the commission shall adopt, pursuant to s.
2315	553.73, Florida Statutes, the most current edition of the wind
2316	protection requirements of the American Society of Civil
2317	Engineers, Standard 7, 1998 edition as implemented by the
2318	International Building Code, 2000 edition, and as modified by
2319	the commission in its February 15, 2000, adoption of the Florida
2320	Building Code for rule adoption by reference in Rule 9B-3.047,
2321	Florida Administrative Code. However, from the eastern border of
2322	Franklin County to the Florida-Alabama line, only land within 1
2323	mile of the coast shall be subject to the windborne-debris
2324	requirements adopted by the commission. The exact location of
2325	wind speed lines shall be established by local ordinance, using
2326	recognized physical landmarks such as major roads, canals,
2327	rivers, and lake shores, wherever possible. Buildings
2328	constructed in the windborne debris region must be either
2329	designed for internal pressures that may result inside a
2330	building when a window or door is broken or a hole is created in
2331	its walls or roof by large debris, or be designed with protected
2332	openings. Except in the high velocity hurricane zone, local
2333	governments may not prohibit the option of designing buildings
2334	to resist internal pressures.
2335
2336	The Legislature declares that changes made to the proposed Rule
2337	9B-3.047, Florida Administrative Code, to implement the
2338	requirements of this act prior to October 1, 2000, are not
2339	subject to rule challenges under section 120.56, Florida
2340	Statutes. However, the entire rule, adopted pursuant to s.
2341	120.54(3), Florida Statutes, as amended after October 1, 2000,
2342	is subject to rule challenges under s. 120.56, Florida Statutes.
2343	Section 41.  Notwithstanding subsection (3) of section 109,
2344	chapter 2000-141, Laws of Florida, for areas of the state not
2345	within the high velocity hurricane zone, the commission shall
2346	adopt, pursuant to s. 553.73, Florida Statutes, the most current
2347	edition of the wind protection requirements of the American
2348	Society of Civil Engineers, Standard 7, as implemented by the
2349	International Building Code, upon updating the Florida Building
2350	Code. This section is intended to explicitly supersede only the
2351	first sentence of subsection (3) of section 109, chapter 2000-
2352	141, Laws of Florida.
2353	Section 42.  The Florida Building Commission, in
2354	conjunction with local building officials, shall conduct a
2355	review of damage resulting from Hurricane Ivan and any other
2356	data to evaluate, and to make recommendations to the Legislature
2357	for any changes to, the Florida Building Code, specifically as
2358	it applies to the region from the eastern border of Franklin
2359	County to the Florida-Alabama line. The commission shall issue a
2360	report summarizing its findings and recommendations prior to the
2361	2006 Regular Session.
2362	Section 43.  The Florida Building Commission shall evaluate
2363	the definition of "exposure category C" as currently defined in
2364	section 553.71(10), Florida Statutes, and make recommendations
2365	for a new definition that more accurately depicts Florida-
2366	specific conditions prior to the 2006 Regular Session.
2367	Section 44.  In repairing or replacing any disaster-
2368	impacted one-family, two-family, or three-family residence by a
2369	disaster recovery or mitigation organization or a not-for-profit
2370	organization using volunteer labor when not holding themselves
2371	out to be contractors and assisting a property owner in
2372	mitigating unsafe living conditions, the organization must:
2373	(1)  Obtain all necessary building permits.
2374	(2)  Obtain all required building code inspections.
2375	(3)  Provide for supervision of all work by an individual
2376	with construction experience.
2377	Section 45.  Notwithstanding any other provision of law,
2378	the effective date of the Florida Building Code, 2004 Edition,
2379	shall be October 1, 2005.
2380	Section 46.  The Florida Building Commission shall convene
2381	a workgroup comprised of at least 10 stakeholders in the state
2382	system of product approval, which may not include more than
2383	three members of the commission to ensure diverse input. The
2384	workgroup shall study the recommendation that the state be
2385	served by a single validation entity for state product approval.
2386	The study shall include, but not be limited to, the feasibility
2387	of a single validation entity, criteria for the entity that
2388	would perform validation, qualifications of the single
2389	validation entity and its staff, costs charged for validation,
2390	time standards for validation, means to challenge the
2391	validator's determination, and duration of the contract with the
2392	validator. The workgroup shall conduct its proceedings in an
2393	open forum subject to comment from the public at each meeting.
2394	Section 47.  The sum of $200,000 is appropriated from the
2395	Insurance Regulatory Trust Fund to the Department of Financial
2396	Services to be used to develop a joint program between the
2397	Florida Insurance Council and the Florida Home Builders
2398	Association to educate contractors on the benefits and options
2399	available for designing buildings for windborne debris
2400	protection and to develop a standardized affidavit to be used
2401	for verifying the insurance discounts for residential
2402	construction techniques demonstrated to reduce the amount of
2403	loss during a windstorm.
2404	Section 48.  This act shall take effect July 1, 2005.

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