HB 1187CS

CHAMBER ACTION



1The Growth Management Committee 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; amending s. 633.0215, F.S.;
24authorizing the State Fire Marshal to amend the Florida
25Fire Protection Code under certain circumstances;
26providing criteria and limitations; providing for
27enforcement of the code and code amendments; providing
28effective dates.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Notwithstanding subsection (3) of section 109
33of chapter 2000-141, Laws of Florida, the Florida Building
34Commission may update or modify the wind-design standard
35applicable to construction in this state as adopted within the
36Florida Building Code in accordance with the requirements of s.
37553.73, Florida Statutes. The Florida Building Commission is
38specifically authorized to identify within the Florida Building
39Code those areas of the state from the eastern border of
40Franklin County west to the Florida-Alabama line that are
41subject to the windborne-debris requirements of the code. The
42Florida Building Commission's initial designation of wind lines
43for this region shall address the results of the study required
44by section 39 of chapter 2005-147, Laws of Florida. The initial
45designation of those areas after July 1, 2006, is subject to
46only the rule adoption procedures of chapter 120, Florida
47Statutes, notwithstanding the code-development procedures of
48chapter 553, Florida Statutes. This section shall not take
49effect for 6 months following the completion of rulemaking or
50until May 31, 2007, whichever occurs sooner. The provisions of
51subsection (3) of section 109 of chapter 2000-141, Laws of
52Florida, are expressly superseded.
53     Section 2.  Subsections (10) and (11) of section 553.71,
54Florida Statutes, are amended to read:
55     553.71  Definitions.--As used in this part, the term:
56     (10)  "Exposure category C" means, except in the high
57velocity hurricane zone, that area which lies within 1,500 feet
58of the coastal construction control line, or within 1,500 feet
59of the mean high tide line, whichever is less. On barrier
60islands, exposure category C shall be applicable in the coastal
61building zone set forth in s. 161.55(5).
62     (10)(11)  "Prototype building" means a building constructed
63in accordance with architectural or engineering plans intended
64for replication on various sites and which will be updated to
65comply with the Florida Building Code and applicable laws
66relating to firesafety, health and sanitation, casualty safety,
67and requirements for persons with disabilities which are in
68effect at the time a construction contract is to be awarded.
69     Section 3.  Subsection (6) of section 553.73, Florida
70Statutes, is amended to read:
71     553.73  Florida Building Code.--
72     (6)(a)  The commission, by rule adopted pursuant to ss.
73120.536(1) and 120.54, shall update the Florida Building Code
74every 3 years. When updating the Florida Building Code, the
75commission shall select the most current version of the
76International Building Code, the International Fuel Gas Code,
77the International Mechanical Code, the International Plumbing
78Code, and the International Residential Code, all of which are
79adopted by the International Code Council, and the National
80Electrical Code, which is adopted by the National Fire
81Protection Association, to form the foundation codes of the
82updated Florida Building Code, if the version has been adopted
83by the applicable model code entity International Code Council
84and made available to the public at least 6 months prior to its
85selection by the commission.
86     (b)  Codes regarding noise contour lines shall be reviewed
87annually, and the most current federal guidelines shall be
88adopted.
89     (c)  The commission may modify any portion of the
90foundation codes only as needed to accommodate the specific
91needs of this state, maintaining Florida-specific amendments
92previously adopted by the commission and not addressed by the
93updated foundation code. Standards or criteria referenced by the
94codes shall be incorporated by reference. If a referenced
95standard or criterion requires amplification or modification to
96be appropriate for use in this state, only the amplification or
97modification shall be set forth in the Florida Building Code.
98The commission may approve technical amendments to the updated
99Florida Building Code after the amendments have been subject to
100the conditions set forth in paragraphs (3)(a)-(d). Amendments to
101the foundation codes which are adopted in accordance with this
102subsection shall be clearly marked in printed versions of the
103Florida Building Code so that the fact that the provisions are
104Florida-specific amendments to the foundation codes is readily
105apparent.
106     (d)  The commission shall further consider the commission's
107own interpretations, declaratory statements, appellate
108decisions, and approved statewide and local technical amendments
109and shall incorporate such interpretations, statements,
110decisions, and amendments into the updated Florida Building Code
111only to the extent that they are needed to modify the foundation
112codes to accommodate the specific needs of the state. A change
113made by an institute or standards organization to any standard
114or criterion that is adopted by reference in the Florida
115Building Code does not become effective statewide until it has
116been adopted by the commission. Furthermore, the edition of the
117Florida Building Code which is in effect on the date of
118application for any permit authorized by the code governs the
119permitted work for the life of the permit and any extension
120granted to the permit.
121     (e)  A rule updating the Florida Building Code in
122accordance with this subsection shall take effect no sooner than
1236 months after publication of the updated code. Any amendment to
124the Florida Building Code which is adopted upon a finding by the
125commission that the amendment is necessary to protect the public
126from immediate threat of harm takes effect immediately.
127     (f)  Upon the conclusion of a triennial update to the
128Florida Building Code, notwithstanding the provisions of this
129subsection or subsection (3), the commission may address issues
130identified in this subsection by amending the code pursuant only
131to the rule adoption procedures contained in chapter 120.
132Following the approval of any amendments to the Florida Building
133Code by the commission and publication of the amendments on the
134commission's website, authorities having jurisdiction to enforce
135the Florida Building Code may enforce the amendments. The
136commission may approve amendments that are needed to address:
137     1.  Conflicts within the updated code;
138     2.  Conflicts between the updated code and the Florida Fire
139Prevention Code adopted pursuant to chapter 633;
140     3.  The omission of previously adopted Florida-specific
141amendments to the updated code if such omission is not supported
142by a specific recommendation of a technical advisory committee
143or particular action by the commission; or
144     4.  Unintended results from the integration of previously
145adopted Florida-specific amendments with the model code.
146     Section 4.  Subsection (5) is added to section 553.775,
147Florida Statutes, to read:
148     553.775  Interpretations.--
149     (5)  Notwithstanding the other provisions of this section,
150the Florida Accessibility Code for Building Construction and
151chapter 11 of the Florida Building Code may not be interpreted
152by and are not subject to review under any of the procedures
153specified in this section. This subsection has no effect upon
154the commission's authority to waive the Florida Accessibility
155Code for Building Construction as provided by s. 553.512.
156     Section 5.  Paragraphs (f) and (h) of subsection (1) of
157section 553.791, Florida Statutes, are amended, subsections (5),
158(7)-(10), (12), (13), (15), (16), and (18) of that section are
159renumbered as subsections (6), (8)-(11), (13), (14), (16), (17),
160and (19), respectively, a new subsection (5) is added to that
161section, and present subsections (6), (11), (14), and (17) of
162that section are amended, to read:
163     553.791  Alternative plans review and inspection.--
164     (1)  As used in this section, the term:
165     (f)  "Permit application" means a properly completed and
166submitted application for the requested building or construction
167permit, including:
168     1.  The plans reviewed by the private provider.
169     2.  The affidavit from the private provider required
170pursuant to subsection (6) (5).
171     3.  Any applicable fees.
172     4.  Any documents required by the local building official
173to determine that the fee owner has secured all other government
174approvals required by law.
175     (h)  "Request for certificate of occupancy or certificate
176of completion" means a properly completed and executed
177application for:
178     1.  A certificate of occupancy or certificate of
179completion.
180     2.  A certificate of compliance from the private provider
181required pursuant to subsection (11) (10).
182     3.  Any applicable fees.
183     4.  Any documents required by the local building official
184to determine that the fee owner has secured all other government
185approvals required by law.
186     (5)  After construction has commenced and if the local
187building official is unable to provide inspection services in a
188timely manner, the fee owner or the fee owner's contractor may
189elect to use a private provider to provide inspection services
190by notifying the local building official of the owner's or
191contractor's intention to do so no less than 7 business days
192prior to the next scheduled inspection using the notice provided
193for in paragraphs (4)(a)-(c).
194     (7)(6)(a)  No more than 30 business days after receipt of a
195permit application and the affidavit from the private provider
196required pursuant to subsection (6) (5), the local building
197official shall issue the requested permit or provide a written
198notice to the permit applicant identifying the specific plan
199features that do not comply with the applicable codes, as well
200as the specific code chapters and sections. If the local
201building official does not provide a written notice of the plan
202deficiencies within the prescribed 30-day period, the permit
203application shall be deemed approved as a matter of law, and the
204permit shall be issued by the local building official on the
205next business day.
206     (b)  If the local building official provides a written
207notice of plan deficiencies to the permit applicant within the
208prescribed 30-day period, the 30-day period shall be tolled
209pending resolution of the matter. To resolve the plan
210deficiencies, the permit applicant may elect to dispute the
211deficiencies pursuant to subsection (13) (12) or to submit
212revisions to correct the deficiencies.
213     (c)  If the permit applicant submits revisions, the local
214building official has the remainder of the tolled 30-day period
215plus 5 business days to issue the requested permit or to provide
216a second written notice to the permit applicant stating which of
217the previously identified plan features remain in noncompliance
218with the applicable codes, with specific reference to the
219relevant code chapters and sections. If the local building
220official does not provide the second written notice within the
221prescribed time period, the permit shall be issued by the local
222building official on the next business day.
223     (d)  If the local building official provides a second
224written notice of plan deficiencies to the permit applicant
225within the prescribed time period, the permit applicant may
226elect to dispute the deficiencies pursuant to subsection (13)
227(12) or to submit additional revisions to correct the
228deficiencies. For all revisions submitted after the first
229revision, the local building official has an additional 5
230business days to issue the requested permit or to provide a
231written notice to the permit applicant stating which of the
232previously identified plan features remain in noncompliance with
233the applicable codes, with specific reference to the relevant
234code chapters and sections.
235     (12)(11)  No more than 2 business days after receipt of a
236request for a certificate of occupancy or certificate of
237completion and the applicant's presentation of a certificate of
238compliance and approval of all other government approvals
239required by law, the local building official shall issue the
240certificate of occupancy or certificate of completion or provide
241a notice to the applicant identifying the specific deficiencies,
242as well as the specific code chapters and sections. If the local
243building official does not provide notice of the deficiencies
244within the prescribed 2-day period, the request for a
245certificate of occupancy or certificate of completion shall be
246deemed granted and the certificate of occupancy or certificate
247of completion shall be issued by the local building official on
248the next business day. To resolve any identified deficiencies,
249the applicant may elect to dispute the deficiencies pursuant to
250subsection (13) (12) or to submit a corrected request for a
251certificate of occupancy or certificate of completion.
252     (15)(14)(a)  No local enforcement agency, local building
253official, or local government may adopt or enforce any laws,
254rules, procedures, policies, qualifications, or standards more
255stringent than those prescribed by this section.
256     (b)  A local enforcement agency, local building official,
257or local government may establish, for private providers and
258duly authorized representatives working within that
259jurisdiction, a system of registration to verify compliance with
260the licensure requirements of paragraph (1)(g) and the insurance
261requirements of subsection (16) (15).
262     (c)  Nothing in this section limits the authority of the
263local building official to issue a stop-work order for a
264building project or any portion of such order, as provided by
265law, if the official determines that a condition on the building
266site constitutes an immediate threat to public safety and
267welfare.
268     (18)(17)  Each local building code enforcement agency may
269audit the performance of building code inspection services by
270private providers operating within the local jurisdiction. Work
271on a building or structure may proceed after inspection and
272approval by a private provider if the provider has given notice
273of the inspection pursuant to subsection (9) (8) and, subsequent
274to such inspection and approval, the work may not be delayed for
275completion of an inspection audit by the local building code
276enforcement agency.
277     Section 6.  Subsection (5) of section 633.0215, Florida
278Statutes, is amended to read:
279     633.0215  Florida Fire Prevention Code.--
280     (5)  Upon the conclusion of a triennial update to the
281Florida Fire Prevention Code and notwithstanding any other
282provisions of law, the State Fire Marshal may address the issues
283identified in this subsection by amending the Florida Fire
284Prevention Code, subject only to the rule adoption procedures of
285chapter 120. Following the approval of any amendments to the
286Florida Fire Prevention Code by the State Fire Marshal and
287publication on the State Fire Marshal's website, authorities
288having jurisdiction to enforce the Florida Fire Prevention Code
289may enforce the amendments to the code. The State Fire Marshal
290may approve only amendments that are needed to address:
291     (a)  Conflicts within the updated Florida Building Code;
292     (b)  Conflicts between the updated Florida Fire Prevention
293Code and the Florida Building Code adopted pursuant to chapter
294553;
295     (c)  The omission of Florida-specific amendments that were
296previously adopted in the Florida Fire Prevention Code; or
297     (d)  Unintended results from the integration of Florida-
298specific amendments that were previously adopted with the model
299code. The State Fire Marshal may approve technical amendments
300notwithstanding the 3-year update cycle of the Florida Fire
301Prevention Code upon finding that a threat to life exists that
302would warrant such action, subject to chapter 120.
303     Section 7.  Except as otherwise expressly provided in this
304act, this act shall take effect July 1, 2006.


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