HB 1187CS

CHAMBER ACTION



1The State Infrastructure 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; 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; requiring the
28Department of Community Affairs to use a portion of
29certain appropriations for certain Florida Building Code
30education and training purposes; providing legislative
31intent; requiring certain entities to use certain funds
32for certain purposes; providing effective dates.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Notwithstanding subsection (3) of section 109
37of chapter 2000-141, Laws of Florida, the Florida Building
38Commission may update or modify the wind-design standard
39applicable to construction in this state as adopted within the
40Florida Building Code in accordance with the requirements of s.
41553.73, Florida Statutes. The Florida Building Commission is
42specifically authorized to identify within the Florida Building
43Code those areas of the state from the eastern border of
44Franklin County west to the Florida-Alabama line that are
45subject to the windborne-debris requirements of the code. The
46Florida Building Commission's initial designation of wind lines
47for this region shall address the results of the study required
48by section 39 of chapter 2005-147, Laws of Florida. The initial
49designation of those areas after July 1, 2006, is subject to
50only the rule adoption procedures of chapter 120, Florida
51Statutes, notwithstanding the code-development procedures of
52chapter 553, Florida Statutes. This section shall not take
53effect for 6 months following the completion of rulemaking or
54until May 31, 2007, whichever occurs sooner. The provisions of
55subsection (3) of section 109 of chapter 2000-141, Laws of
56Florida, are expressly superseded.
57     Section 2.  Subsections (10) and (11) of section 553.71,
58Florida Statutes, are amended to read:
59     553.71  Definitions.--As used in this part, the term:
60     (10)  "Exposure category C" means, except in the high
61velocity hurricane zone, that area which lies within 1,500 feet
62of the coastal construction control line, or within 1,500 feet
63of the mean high tide line, whichever is less. On barrier
64islands, exposure category C shall be applicable in the coastal
65building zone set forth in s. 161.55(5).
66     (10)(11)  "Prototype building" means a building constructed
67in accordance with architectural or engineering plans intended
68for replication on various sites and which will be updated to
69comply with the Florida Building Code and applicable laws
70relating to firesafety, health and sanitation, casualty safety,
71and requirements for persons with disabilities which are in
72effect at the time a construction contract is to be awarded.
73     Section 3.  Subsection (6) of section 553.73, Florida
74Statutes, is amended to read:
75     553.73  Florida Building Code.--
76     (6)(a)  The commission, by rule adopted pursuant to ss.
77120.536(1) and 120.54, shall update the Florida Building Code
78every 3 years. When updating the Florida Building Code, the
79commission shall select the most current version of the
80International Building Code, the International Fuel Gas Code,
81the International Mechanical Code, the International Plumbing
82Code, and the International Residential Code, all of which are
83adopted by the International Code Council, and the National
84Electrical Code, which is adopted by the National Fire
85Protection Association, to form the foundation codes of the
86updated Florida Building Code, if the version has been adopted
87by the applicable model code entity International Code Council
88and made available to the public at least 6 months prior to its
89selection by the commission.
90     (b)  Codes regarding noise contour lines shall be reviewed
91annually, and the most current federal guidelines shall be
92adopted.
93     (c)  The commission may modify any portion of the
94foundation codes only as needed to accommodate the specific
95needs of this state, maintaining Florida-specific amendments
96previously adopted by the commission and not addressed by the
97updated foundation code. Standards or criteria referenced by the
98codes shall be incorporated by reference. If a referenced
99standard or criterion requires amplification or modification to
100be appropriate for use in this state, only the amplification or
101modification shall be set forth in the Florida Building Code.
102The commission may approve technical amendments to the updated
103Florida Building Code after the amendments have been subject to
104the conditions set forth in paragraphs (3)(a)-(d). Amendments to
105the foundation codes which are adopted in accordance with this
106subsection shall be clearly marked in printed versions of the
107Florida Building Code so that the fact that the provisions are
108Florida-specific amendments to the foundation codes is readily
109apparent.
110     (d)  The commission shall further consider the commission's
111own interpretations, declaratory statements, appellate
112decisions, and approved statewide and local technical amendments
113and shall incorporate such interpretations, statements,
114decisions, and amendments into the updated Florida Building Code
115only to the extent that they are needed to modify the foundation
116codes to accommodate the specific needs of the state. A change
117made by an institute or standards organization to any standard
118or criterion that is adopted by reference in the Florida
119Building Code does not become effective statewide until it has
120been adopted by the commission. Furthermore, the edition of the
121Florida Building Code which is in effect on the date of
122application for any permit authorized by the code governs the
123permitted work for the life of the permit and any extension
124granted to the permit.
125     (e)  A rule updating the Florida Building Code in
126accordance with this subsection shall take effect no sooner than
1276 months after publication of the updated code. Any amendment to
128the Florida Building Code which is adopted upon a finding by the
129commission that the amendment is necessary to protect the public
130from immediate threat of harm takes effect immediately.
131     (f)  Upon the conclusion of a triennial update to the
132Florida Building Code, notwithstanding the provisions of this
133subsection or subsection (3), the commission may address issues
134identified in this subsection by amending the code pursuant only
135to the rule adoption procedures contained in chapter 120.
136Following the approval of any amendments to the Florida Building
137Code by the commission and publication of the amendments on the
138commission's website, authorities having jurisdiction to enforce
139the Florida Building Code may enforce the amendments. The
140commission may approve amendments that are needed to address:
141     1.  Conflicts within the updated code;
142     2.  Conflicts between the updated code and the Florida Fire
143Prevention Code adopted pursuant to chapter 633;
144     3.  The omission of previously adopted Florida-specific
145amendments to the updated code if such omission is not supported
146by a specific recommendation of a technical advisory committee
147or particular action by the commission; or
148     4.  Unintended results from the integration of previously
149adopted Florida-specific amendments with the model code.
150     Section 4.  Subsection (5) is added to section 553.775,
151Florida Statutes, to read:
152     553.775  Interpretations.--
153     (5)  Notwithstanding the other provisions of this section,
154the Florida Accessibility Code for Building Construction and
155chapter 11 of the Florida Building Code may not be interpreted
156by and are not subject to review under any of the procedures
157specified in this section. This subsection has no effect upon
158the commission's authority to waive the Florida Accessibility
159Code for Building Construction as provided by s. 553.512.
160     Section 5.  Paragraphs (f) and (h) of subsection (1) of
161section 553.791, Florida Statutes, are amended, subsections (5),
162(7)-(10), (12), (13), (15), (16), and (18) of that section are
163renumbered as subsections (6), (8)-(11), (13), (14), (16), (17),
164and (19), respectively, a new subsection (5) is added to that
165section, and present subsections (6), (11), (14), and (17) of
166that section are amended, to read:
167     553.791  Alternative plans review and inspection.--
168     (1)  As used in this section, the term:
169     (f)  "Permit application" means a properly completed and
170submitted application for the requested building or construction
171permit, including:
172     1.  The plans reviewed by the private provider.
173     2.  The affidavit from the private provider required
174pursuant to subsection (6) (5).
175     3.  Any applicable fees.
176     4.  Any documents required by the local building official
177to determine that the fee owner has secured all other government
178approvals required by law.
179     (h)  "Request for certificate of occupancy or certificate
180of completion" means a properly completed and executed
181application for:
182     1.  A certificate of occupancy or certificate of
183completion.
184     2.  A certificate of compliance from the private provider
185required pursuant to subsection (11) (10).
186     3.  Any applicable fees.
187     4.  Any documents required by the local building official
188to determine that the fee owner has secured all other government
189approvals required by law.
190     (5)  After construction has commenced and if the local
191building official is unable to provide inspection services in a
192timely manner, the fee owner or the fee owner's contractor may
193elect to use a private provider to provide inspection services
194by notifying the local building official of the owner's or
195contractor's intention to do so no less than 7 business days
196prior to the next scheduled inspection using the notice provided
197for in paragraphs (4)(a)-(c).
198     (7)(6)(a)  No more than 30 business days after receipt of a
199permit application and the affidavit from the private provider
200required pursuant to subsection (6) (5), the local building
201official shall issue the requested permit or provide a written
202notice to the permit applicant identifying the specific plan
203features that do not comply with the applicable codes, as well
204as the specific code chapters and sections. If the local
205building official does not provide a written notice of the plan
206deficiencies within the prescribed 30-day period, the permit
207application shall be deemed approved as a matter of law, and the
208permit shall be issued by the local building official on the
209next business day.
210     (b)  If the local building official provides a written
211notice of plan deficiencies to the permit applicant within the
212prescribed 30-day period, the 30-day period shall be tolled
213pending resolution of the matter. To resolve the plan
214deficiencies, the permit applicant may elect to dispute the
215deficiencies pursuant to subsection (13) (12) or to submit
216revisions to correct the deficiencies.
217     (c)  If the permit applicant submits revisions, the local
218building official has the remainder of the tolled 30-day period
219plus 5 business days to issue the requested permit or to provide
220a second written notice to the permit applicant stating which of
221the previously identified plan features remain in noncompliance
222with the applicable codes, with specific reference to the
223relevant code chapters and sections. If the local building
224official does not provide the second written notice within the
225prescribed time period, the permit shall be issued by the local
226building official on the next business day.
227     (d)  If the local building official provides a second
228written notice of plan deficiencies to the permit applicant
229within the prescribed time period, the permit applicant may
230elect to dispute the deficiencies pursuant to subsection (13)
231(12) or to submit additional revisions to correct the
232deficiencies. For all revisions submitted after the first
233revision, the local building official has an additional 5
234business days to issue the requested permit or to provide a
235written notice to the permit applicant stating which of the
236previously identified plan features remain in noncompliance with
237the applicable codes, with specific reference to the relevant
238code chapters and sections.
239     (12)(11)  No more than 2 business days after receipt of a
240request for a certificate of occupancy or certificate of
241completion and the applicant's presentation of a certificate of
242compliance and approval of all other government approvals
243required by law, the local building official shall issue the
244certificate of occupancy or certificate of completion or provide
245a notice to the applicant identifying the specific deficiencies,
246as well as the specific code chapters and sections. If the local
247building official does not provide notice of the deficiencies
248within the prescribed 2-day period, the request for a
249certificate of occupancy or certificate of completion shall be
250deemed granted and the certificate of occupancy or certificate
251of completion shall be issued by the local building official on
252the next business day. To resolve any identified deficiencies,
253the applicant may elect to dispute the deficiencies pursuant to
254subsection (13) (12) or to submit a corrected request for a
255certificate of occupancy or certificate of completion.
256     (15)(14)(a)  No local enforcement agency, local building
257official, or local government may adopt or enforce any laws,
258rules, procedures, policies, qualifications, or standards more
259stringent than those prescribed by this section.
260     (b)  A local enforcement agency, local building official,
261or local government may establish, for private providers and
262duly authorized representatives working within that
263jurisdiction, a system of registration to verify compliance with
264the licensure requirements of paragraph (1)(g) and the insurance
265requirements of subsection (16) (15).
266     (c)  Nothing in this section limits the authority of the
267local building official to issue a stop-work order for a
268building project or any portion of such order, as provided by
269law, if the official determines that a condition on the building
270site constitutes an immediate threat to public safety and
271welfare.
272     (18)(17)  Each local building code enforcement agency may
273audit the performance of building code inspection services by
274private providers operating within the local jurisdiction. Work
275on a building or structure may proceed after inspection and
276approval by a private provider if the provider has given notice
277of the inspection pursuant to subsection (9) (8) and, subsequent
278to such inspection and approval, the work may not be delayed for
279completion of an inspection audit by the local building code
280enforcement agency.
281     Section 6.  Subsection (5) of section 633.0215, Florida
282Statutes, is amended to read:
283     633.0215  Florida Fire Prevention Code.--
284     (5)  Upon the conclusion of a triennial update to the
285Florida Fire Prevention Code and notwithstanding any other
286provisions of law, the State Fire Marshal may address the issues
287identified in this subsection by amending the Florida Fire
288Prevention Code, subject only to the rule adoption procedures of
289chapter 120. Following the approval of any amendments to the
290Florida Fire Prevention Code by the State Fire Marshal and
291publication on the State Fire Marshal's website, authorities
292having jurisdiction to enforce the Florida Fire Prevention Code
293may enforce the amendments to the code. The State Fire Marshal
294may approve only amendments that are needed to address:
295     (a)  Conflicts within the updated Florida Building Code;
296     (b)  Conflicts between the updated Florida Fire Prevention
297Code and the Florida Building Code adopted pursuant to chapter
298553;
299     (c)  The omission of Florida-specific amendments that were
300previously adopted in the Florida Fire Prevention Code; or
301     (d)  Unintended results from the integration of Florida-
302specific amendments that were previously adopted with the model
303code. The State Fire Marshal may approve technical amendments
304notwithstanding the 3-year update cycle of the Florida Fire
305Prevention Code upon finding that a threat to life exists that
306would warrant such action, subject to chapter 120.
307     Section 7.  (1)  A reasonable portion of the appropriations
308provided to the Department of Community Affairs for purposes of
309implementing and administering the Florida Building Code shall
310be used by the department for the continuation of education
311awareness concerning the Florida Building Code and the operation
312of the Disaster Contractor's Network. Not more than 30 days
313after the effective date of each subsequent appropriation, the
314Department of Community Affairs shall issue a notice of funds
315availability.
316     (2)(a)  The Legislature intends to promote a tax-exempt
317entity having prior contracting experience with building code
318training, development, and coordination and whose membership is
319representative of all of the statewide construction and design
320licensee associations to provide building code education,
321training, and development services.
322     (b)  Of any funds received by the entity from the
323department pursuant to the notice of funds availability, the
324entity shall allocate:
325     1.  Twenty percent to the Disaster Contractor's Network as
326administered by Florida State University for the coordination of
327the construction industry during a hurricane response.
328     2.  Twenty percent to the residential construction trade
329show in the state for the underwriting of attendance by product
330manufacturers and governmental agencies to promote code
331compliance and mitigation to the construction industry.
332
333The entity shall use the remainder of such funds for outreach
334building code activities under the direction of the Florida
335Building Commission as provided for in s. 553.841, Florida
336Statutes.
337     Section 8.  Except as otherwise expressly provided in this
338act, this act shall take effect July 1, 2006.


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