HB 1187CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Florida Building Code; authorizing
7the Florida Building Commission to update and modify
8certain wind-design standards; providing criteria,
9requirements, and limitations; providing for delayed
10effect; superseding certain provisions of law; amending s.
11553.71, F.S.; deleting the definition of "exposure
12category C"; amending s. 553.73, F.S.; authorizing the
13Florida Building Commission to make certain limited
14amendments to the Florida Building Code pursuant to rule
15adoption procedures for certain purposes after triennial
16updates; authorizing authorities to enforce such
17amendments; specifying amendment criteria; amending s.
18553.775, F.S.; prohibiting interpretation and review of
19certain accessibility provisions of certain codes under
20certain procedures; amending s. 553.791, F.S.; providing
21for the use of private providers of building code
22inspection services under certain circumstances;
23conforming cross-references; providing effective dates.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Notwithstanding subsection (3) of section 109
28of chapter 2000-141, Laws of Florida, the Florida Building
29Commission may update or modify the wind-design standard
30applicable to construction in this state as adopted within the
31Florida Building Code in accordance with the requirements of s.
32553.73, Florida Statutes. The Florida Building Commission is
33specifically authorized to identify within the Florida Building
34Code those areas of the state from the eastern border of
35Franklin County west to the Florida-Alabama line that are
36subject to the windborne-debris requirements of the code. The
37Florida Building Commission's initial designation of wind lines
38for this region shall address the results of the study required
39by section 39 of chapter 2005-147, Laws of Florida. The initial
40designation of those areas after July 1, 2006, is subject to
41only the rule adoption procedures of chapter 120, Florida
42Statutes, notwithstanding the code-development procedures of
43chapter 553, Florida Statutes. This section shall not take
44effect for 6 months following the completion of rulemaking or
45until May 31, 2007, whichever occurs sooner. The provisions of
46subsection (3) of section 109 of chapter 2000-141, Laws of
47Florida, are expressly superseded.
48     Section 2.  Subsections (10) and (11) of section 553.71,
49Florida Statutes, are amended to read:
50     553.71  Definitions.--As used in this part, the term:
51     (10)  "Exposure category C" means, except in the high
52velocity hurricane zone, that area which lies within 1,500 feet
53of the coastal construction control line, or within 1,500 feet
54of the mean high tide line, whichever is less. On barrier
55islands, exposure category C shall be applicable in the coastal
56building zone set forth in s. 161.55(5).
57     (10)(11)  "Prototype building" means a building constructed
58in accordance with architectural or engineering plans intended
59for replication on various sites and which will be updated to
60comply with the Florida Building Code and applicable laws
61relating to firesafety, health and sanitation, casualty safety,
62and requirements for persons with disabilities which are in
63effect at the time a construction contract is to be awarded.
64     Section 3.  Subsection (6) of section 553.73, Florida
65Statutes, is amended to read:
66     553.73  Florida Building Code.--
67     (6)(a)  The commission, by rule adopted pursuant to ss.
68120.536(1) and 120.54, shall update the Florida Building Code
69every 3 years. When updating the Florida Building Code, the
70commission shall select the most current version of the
71International Building Code, the International Fuel Gas Code,
72the International Mechanical Code, the International Plumbing
73Code, and the International Residential Code, all of which are
74adopted by the International Code Council, and the National
75Electrical Code, which is adopted by the National Fire
76Protection Association, to form the foundation codes of the
77updated Florida Building Code, if the version has been adopted
78by the applicable model code entity International Code Council
79and made available to the public at least 6 months prior to its
80selection by the commission.
81     (b)  Codes regarding noise contour lines shall be reviewed
82annually, and the most current federal guidelines shall be
83adopted.
84     (c)  The commission may modify any portion of the
85foundation codes only as needed to accommodate the specific
86needs of this state, maintaining Florida-specific amendments
87previously adopted by the commission and not addressed by the
88updated foundation code. Standards or criteria referenced by the
89codes shall be incorporated by reference. If a referenced
90standard or criterion requires amplification or modification to
91be appropriate for use in this state, only the amplification or
92modification shall be set forth in the Florida Building Code.
93The commission may approve technical amendments to the updated
94Florida Building Code after the amendments have been subject to
95the conditions set forth in paragraphs (3)(a)-(d). Amendments to
96the foundation codes which are adopted in accordance with this
97subsection shall be clearly marked in printed versions of the
98Florida Building Code so that the fact that the provisions are
99Florida-specific amendments to the foundation codes is readily
100apparent.
101     (d)  The commission shall further consider the commission's
102own interpretations, declaratory statements, appellate
103decisions, and approved statewide and local technical amendments
104and shall incorporate such interpretations, statements,
105decisions, and amendments into the updated Florida Building Code
106only to the extent that they are needed to modify the foundation
107codes to accommodate the specific needs of the state. A change
108made by an institute or standards organization to any standard
109or criterion that is adopted by reference in the Florida
110Building Code does not become effective statewide until it has
111been adopted by the commission. Furthermore, the edition of the
112Florida Building Code which is in effect on the date of
113application for any permit authorized by the code governs the
114permitted work for the life of the permit and any extension
115granted to the permit.
116     (e)  A rule updating the Florida Building Code in
117accordance with this subsection shall take effect no sooner than
1186 months after publication of the updated code. Any amendment to
119the Florida Building Code which is adopted upon a finding by the
120commission that the amendment is necessary to protect the public
121from immediate threat of harm takes effect immediately.
122     (f)  Upon the conclusion of a triennial update to the
123Florida Building Code, notwithstanding the provisions of this
124subsection or subsection (3), the commission may address issues
125identified in this subsection by amending the code pursuant only
126to the rule adoption procedures contained in chapter 120.
127Following the approval of any amendments to the Florida Building
128Code by the commission and publication of the amendments on the
129commission's website, authorities having jurisdiction to enforce
130the Florida Building Code may enforce the amendments. The
131commission may approve amendments that are needed to address:
132     1.  Conflicts within the updated code;
133     2.  Conflicts between the updated code and the Florida Fire
134Prevention Code adopted pursuant to chapter 633;
135     3.  The omission of previously adopted Florida-specific
136amendments to the updated code if such omission is not supported
137by a specific recommendation of a technical advisory committee
138or particular action by the commission; or
139     4.  Unintended results from the integration of previously
140adopted Florida-specific amendments with the model code.
141     Section 4.  Subsection (5) is added to section 553.775,
142Florida Statutes, to read:
143     553.775  Interpretations.--
144     (5)  Notwithstanding the other provisions of this section,
145the Florida Accessibility Code for Building Construction and
146chapter 11 of the Florida Building Code may not be interpreted
147by and are not subject to review under any of the procedures
148specified in this section. This subsection has no effect upon
149the commission's authority to waive the Florida Accessibility
150Code for Building Construction as provided by s. 553.512.
151     Section 5.  Paragraphs (f) and (h) of subsection (1) of
152section 553.791, Florida Statutes, are amended, subsections (5),
153(7)-(10), (12), (13), (15), (16), and (18) of that section are
154renumbered as subsections (6), (8)-(11), (13), (14), (16), (17),
155and (19), respectively, a new subsection (5) is added to that
156section, and present subsections (6), (11), (14), and (17) of
157that section are amended, to read:
158     553.791  Alternative plans review and inspection.--
159     (1)  As used in this section, the term:
160     (f)  "Permit application" means a properly completed and
161submitted application for the requested building or construction
162permit, including:
163     1.  The plans reviewed by the private provider.
164     2.  The affidavit from the private provider required
165pursuant to subsection (6) (5).
166     3.  Any applicable fees.
167     4.  Any documents required by the local building official
168to determine that the fee owner has secured all other government
169approvals required by law.
170     (h)  "Request for certificate of occupancy or certificate
171of completion" means a properly completed and executed
172application for:
173     1.  A certificate of occupancy or certificate of
174completion.
175     2.  A certificate of compliance from the private provider
176required pursuant to subsection (11) (10).
177     3.  Any applicable fees.
178     4.  Any documents required by the local building official
179to determine that the fee owner has secured all other government
180approvals required by law.
181     (5)  After construction has commenced and if the local
182building official is unable to provide inspection services in a
183timely manner, the fee owner or the fee owner's contractor may
184elect to use a private provider to provide inspection services
185by notifying the local building official of the owner's or
186contractor's intention to do so no less than 7 business days
187prior to the next scheduled inspection using the notice provided
188for in paragraphs (4)(a)-(c).
189     (7)(6)(a)  No more than 30 business days after receipt of a
190permit application and the affidavit from the private provider
191required pursuant to subsection (6) (5), the local building
192official shall issue the requested permit or provide a written
193notice to the permit applicant identifying the specific plan
194features that do not comply with the applicable codes, as well
195as the specific code chapters and sections. If the local
196building official does not provide a written notice of the plan
197deficiencies within the prescribed 30-day period, the permit
198application shall be deemed approved as a matter of law, and the
199permit shall be issued by the local building official on the
200next business day.
201     (b)  If the local building official provides a written
202notice of plan deficiencies to the permit applicant within the
203prescribed 30-day period, the 30-day period shall be tolled
204pending resolution of the matter. To resolve the plan
205deficiencies, the permit applicant may elect to dispute the
206deficiencies pursuant to subsection (13) (12) or to submit
207revisions to correct the deficiencies.
208     (c)  If the permit applicant submits revisions, the local
209building official has the remainder of the tolled 30-day period
210plus 5 business days to issue the requested permit or to provide
211a second written notice to the permit applicant stating which of
212the previously identified plan features remain in noncompliance
213with the applicable codes, with specific reference to the
214relevant code chapters and sections. If the local building
215official does not provide the second written notice within the
216prescribed time period, the permit shall be issued by the local
217building official on the next business day.
218     (d)  If the local building official provides a second
219written notice of plan deficiencies to the permit applicant
220within the prescribed time period, the permit applicant may
221elect to dispute the deficiencies pursuant to subsection (13)
222(12) or to submit additional revisions to correct the
223deficiencies. For all revisions submitted after the first
224revision, the local building official has an additional 5
225business days to issue the requested permit or to provide a
226written notice to the permit applicant stating which of the
227previously identified plan features remain in noncompliance with
228the applicable codes, with specific reference to the relevant
229code chapters and sections.
230     (12)(11)  No more than 2 business days after receipt of a
231request for a certificate of occupancy or certificate of
232completion and the applicant's presentation of a certificate of
233compliance and approval of all other government approvals
234required by law, the local building official shall issue the
235certificate of occupancy or certificate of completion or provide
236a notice to the applicant identifying the specific deficiencies,
237as well as the specific code chapters and sections. If the local
238building official does not provide notice of the deficiencies
239within the prescribed 2-day period, the request for a
240certificate of occupancy or certificate of completion shall be
241deemed granted and the certificate of occupancy or certificate
242of completion shall be issued by the local building official on
243the next business day. To resolve any identified deficiencies,
244the applicant may elect to dispute the deficiencies pursuant to
245subsection (13) (12) or to submit a corrected request for a
246certificate of occupancy or certificate of completion.
247     (15)(14)(a)  No local enforcement agency, local building
248official, or local government may adopt or enforce any laws,
249rules, procedures, policies, qualifications, or standards more
250stringent than those prescribed by this section.
251     (b)  A local enforcement agency, local building official,
252or local government may establish, for private providers and
253duly authorized representatives working within that
254jurisdiction, a system of registration to verify compliance with
255the licensure requirements of paragraph (1)(g) and the insurance
256requirements of subsection (16) (15).
257     (c)  Nothing in this section limits the authority of the
258local building official to issue a stop-work order for a
259building project or any portion of such order, as provided by
260law, if the official determines that a condition on the building
261site constitutes an immediate threat to public safety and
262welfare.
263     (18)(17)  Each local building code enforcement agency may
264audit the performance of building code inspection services by
265private providers operating within the local jurisdiction. Work
266on a building or structure may proceed after inspection and
267approval by a private provider if the provider has given notice
268of the inspection pursuant to subsection (9) (8) and, subsequent
269to such inspection and approval, the work may not be delayed for
270completion of an inspection audit by the local building code
271enforcement agency.
272     Section 6.  Except as otherwise expressly provided in this
273act, this act shall take effect July 1, 2006.


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