Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1774
                        Barcode 494104
                            CHAMBER ACTION
              Senate                               House
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       04/18/2006 03:22 PM         .                    
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11  The Committee on Regulated Industries (Posey) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 1, line 26, through
16            page 18, line 20, delete those lines
17  
18  and insert:  
19         Section 1.  The Florida Building Commission may update
20  or modify the wind-design standard applicable to construction
21  in this state as adopted within the Florida Building Code in
22  accordance with the requirements of s. 553.73, Florida
23  Statutes. The Florida Building Commission is specifically
24  authorized to identify within the Florida Building Code those
25  areas of the state from the eastern border of Franklin County
26  west to the Florida-Alabama line which are subject to the
27  windborne-debris requirements of the code. The Florida
28  Building Commission's initial designation of wind lines for
29  this region shall address the results of the study required by
30  section 39 of chapter 2005-147, Laws of Florida. The initial
31  designation of those areas after July 1, 2006, is subject to
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    9:09 AM   04/17/06                           s1774c1c-ri24-s01

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 only the rule-adoption procedures of chapter 120, Florida 2 Statutes, notwithstanding the code-development procedures of 3 chapter 553, Florida Statutes. The rules adopted pursuant to 4 this section shall not take effect for 6 months following the 5 adoption of the rules or May 31, 2007, whichever occurs 6 sooner. The provisions of subsection (3) of section 109 of 7 chapter 2000-141, Laws of Florida, are expressly superseded. 8 Section 2. Subsections (1) and (2) of section 399.15, 9 Florida Statutes, are amended to read: 10 399.15 Regional emergency elevator access.-- 11 (1) In order to provide emergency access to elevators: 12 (a) For each building in this state which is six or 13 more stories in height, including, but not limited to, hotels 14 and condominiums, on which a building permit is issued 15 construction is begun after September 30, 2006 June 30, 2004, 16 all of the keys for elevators that allow public access, 17 including, but not limited to, service and freight elevators, 18 must be keyed so as to allow all elevators within each of the 19 seven state emergency response regions to operate in fire 20 emergency situations with one master elevator key. 21 (b) Any building in this state which is six or more 22 stories in height and has undergone "substantial improvement" 23 as defined in s. 161.54(12) must also comply with paragraph 24 (a). 25 (2) Each existing building in this state which is six 26 or more stories in height must comply with subsection (1) 27 before October 1, 2009 July 1, 2007. 28 Section 3. Subsections (10) and (11) of section 29 553.71, Florida Statutes, are amended to read: 30 553.71 Definitions.--As used in this part, the term: 31 (10) "Exposure category C" means, except in the high 2 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 velocity hurricane zone, that area which lies within 1,500 2 feet of the coastal construction control line, or within 1,500 3 feet of the mean high tide line, whichever is less. On barrier 4 islands, exposure category C shall be applicable in the 5 coastal building zone set forth in s. 161.55(5). 6 (10)(11) "Prototype building" means a building 7 constructed in accordance with architectural or engineering 8 plans intended for replication on various sites and which will 9 be updated to comply with the Florida Building Code and 10 applicable laws relating to firesafety, health and sanitation, 11 casualty safety, and requirements for persons with 12 disabilities which are in effect at the time a construction 13 contract is to be awarded. 14 Section 4. Subsection (6) of section 553.73, Florida 15 Statutes, is amended to read: 16 553.73 Florida Building Code.-- 17 (6)(a) The commission, by rule adopted pursuant to ss. 18 120.536(1) and 120.54, shall update the Florida Building Code 19 every 3 years. When updating the Florida Building Code, the 20 commission shall select the most current version of the 21 International Building Code, the International Fuel Gas Code, 22 the International Mechanical Code, the International Plumbing 23 Code, and the International Residential Code, all of which are 24 adopted by the International Code Council, and the National 25 Electrical Code, which is adopted by the National Fire 26 Protection Association, to form the foundation codes of the 27 updated Florida Building Code, if the version has been adopted 28 by the applicable model code entity International Code Council 29 and made available to the public at least 6 months prior to 30 its selection by the commission. 31 (b) Codes regarding noise contour lines shall be 3 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 reviewed annually, and the most current federal guidelines 2 shall be adopted. 3 (c) The commission may modify any portion of the 4 foundation codes only as needed to accommodate the specific 5 needs of this state, maintaining Florida-specific amendments 6 previously adopted by the commission and not addressed by the 7 updated foundation code. Standards or criteria referenced by 8 the codes shall be incorporated by reference. If a referenced 9 standard or criterion requires amplification or modification 10 to be appropriate for use in this state, only the 11 amplification or modification shall be set forth in the 12 Florida Building Code. The commission may approve technical 13 amendments to the updated Florida Building Code after the 14 amendments have been subject to the conditions set forth in 15 paragraphs (3)(a)-(d). Amendments to the foundation codes 16 which are adopted in accordance with this subsection shall be 17 clearly marked in printed versions of the Florida Building 18 Code so that the fact that the provisions are Florida-specific 19 amendments to the foundation codes is readily apparent. 20 (d) The commission shall further consider the 21 commission's own interpretations, declaratory statements, 22 appellate decisions, and approved statewide and local 23 technical amendments and shall incorporate such 24 interpretations, statements, decisions, and amendments into 25 the updated Florida Building Code only to the extent that they 26 are needed to modify the foundation codes to accommodate the 27 specific needs of the state. A change made by an institute or 28 standards organization to any standard or criterion that is 29 adopted by reference in the Florida Building Code does not 30 become effective statewide until it has been adopted by the 31 commission. Furthermore, the edition of the Florida Building 4 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 Code which is in effect on the date of application for any 2 permit authorized by the code governs the permitted work for 3 the life of the permit and any extension granted to the 4 permit. 5 (e) A rule updating the Florida Building Code in 6 accordance with this subsection shall take effect no sooner 7 than 6 months after publication of the updated code. Any 8 amendment to the Florida Building Code which is adopted upon a 9 finding by the commission that the amendment is necessary to 10 protect the public from immediate threat of harm takes effect 11 immediately. 12 (f) Upon the conclusion of a triennial update to the 13 Florida Building Code, notwithstanding the provisions of this 14 subsection or subsection (3), the commission may address 15 issues identified in this paragraph by amending the code 16 pursuant only to the rule adoption procedures contained in 17 chapter 120. Following the approval of any amendments to the 18 Florida Building Code by the commission and publication of the 19 amendments on the commission's website, authorities having 20 jurisdiction to enforce the Florida Building Code may enforce 21 the amendments. The commission may approve amendments that are 22 needed to address: 23 1. Conflicts within the updated code; 24 2. Conflicts between the updated code and the Florida 25 Fire Prevention Code adopted pursuant to chapter 633; 26 3. The omission of previously adopted Florida-specific 27 amendments to the updated code if such omission is not 28 supported by a specific recommendation of a technical advisory 29 committee or particular action by the commission; or 30 4. Unintended results from the integration of 31 previously adopted Florida-specific amendments with the model 5 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 code. 2 Section 5. Subsection (5) is added to section 553.775, 3 Florida Statutes, to read: 4 553.775 Interpretations.-- 5 (5) Notwithstanding the other provisions of this 6 section, the Florida Accessibility Code for Building 7 Construction and chapter 11 of the Florida Building Code may 8 not be interpreted by, and are not subject to review under, 9 any of the procedures specified in this section. This 10 subsection has no effect upon the commission's authority to 11 waive the Florida Accessibility Code for Building Construction 12 as provided by s. 553.512. 13 Section 6. Paragraphs (f) and (h) of subsection (1) of 14 section 553.791, Florida Statutes, are amended, subsections 15 (5), (7)-(10), (12), (13), (15), (16), and (18) of that 16 section are renumbered as subsections (6), (8)-(11), (13), 17 (14), (16), (17), and (19), respectively, a new subsection (5) 18 is added to that section, and present subsections (6), (11), 19 (14), and (17) of that section are amended, to read: 20 553.791 Alternative plans review and inspection.-- 21 (1) As used in this section, the term: 22 (f) "Permit application" means a properly completed 23 and submitted application for the requested building or 24 construction permit, including: 25 1. The plans reviewed by the private provider. 26 2. The affidavit from the private provider required 27 pursuant to subsection (6) (5). 28 3. Any applicable fees. 29 4. Any documents required by the local building 30 official to determine that the fee owner has secured all other 31 government approvals required by law. 6 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 (h) "Request for certificate of occupancy or 2 certificate of completion" means a properly completed and 3 executed application for: 4 1. A certificate of occupancy or certificate of 5 completion. 6 2. A certificate of compliance from the private 7 provider required pursuant to subsection (11) (10). 8 3. Any applicable fees. 9 4. Any documents required by the local building 10 official to determine that the fee owner has secured all other 11 government approvals required by law. 12 (5) After construction has commenced and if the local 13 building official is unable to provide inspection services in 14 a timely manner, the fee owner or the fee owner's contractor 15 may elect to use a private provider to provide inspection 16 services by notifying the local building official of the 17 owner's or contractor's intention to do so no less than 7 18 business days prior to the next scheduled inspection using the 19 notice provided for in paragraphs (4)(a)-(c). 20 (7)(6)(a) No more than 30 business days after receipt 21 of a permit application and the affidavit from the private 22 provider required pursuant to subsection (6) (5), the local 23 building official shall issue the requested permit or provide 24 a written notice to the permit applicant identifying the 25 specific plan features that do not comply with the applicable 26 codes, as well as the specific code chapters and sections. If 27 the local building official does not provide a written notice 28 of the plan deficiencies within the prescribed 30-day period, 29 the permit application shall be deemed approved as a matter of 30 law, and the permit shall be issued by the local building 31 official on the next business day. 7 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 (b) If the local building official provides a written 2 notice of plan deficiencies to the permit applicant within the 3 prescribed 30-day period, the 30-day period shall be tolled 4 pending resolution of the matter. To resolve the plan 5 deficiencies, the permit applicant may elect to dispute the 6 deficiencies pursuant to subsection (13) (12) or to submit 7 revisions to correct the deficiencies. 8 (c) If the permit applicant submits revisions, the 9 local building official has the remainder of the tolled 30-day 10 period plus 5 business days to issue the requested permit or 11 to provide a second written notice to the permit applicant 12 stating which of the previously identified plan features 13 remain in noncompliance with the applicable codes, with 14 specific reference to the relevant code chapters and sections. 15 If the local building official does not provide the second 16 written notice within the prescribed time period, the permit 17 shall be issued by the local building official on the next 18 business day. 19 (d) If the local building official provides a second 20 written notice of plan deficiencies to the permit applicant 21 within the prescribed time period, the permit applicant may 22 elect to dispute the deficiencies pursuant to subsection (13) 23 (12) or to submit additional revisions to correct the 24 deficiencies. For all revisions submitted after the first 25 revision, the local building official has an additional 5 26 business days to issue the requested permit or to provide a 27 written notice to the permit applicant stating which of the 28 previously identified plan features remain in noncompliance 29 with the applicable codes, with specific reference to the 30 relevant code chapters and sections. 31 (12)(11) No more than 2 business days after receipt of 8 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 a request for a certificate of occupancy or certificate of 2 completion and the applicant's presentation of a certificate 3 of compliance and approval of all other government approvals 4 required by law, the local building official shall issue the 5 certificate of occupancy or certificate of completion or 6 provide a notice to the applicant identifying the specific 7 deficiencies, as well as the specific code chapters and 8 sections. If the local building official does not provide 9 notice of the deficiencies within the prescribed 2-day period, 10 the request for a certificate of occupancy or certificate of 11 completion shall be deemed granted and the certificate of 12 occupancy or certificate of completion shall be issued by the 13 local building official on the next business day. To resolve 14 any identified deficiencies, the applicant may elect to 15 dispute the deficiencies pursuant to subsection (13) (12) or 16 to submit a corrected request for a certificate of occupancy 17 or certificate of completion. 18 (15)(14)(a) No local enforcement agency, local 19 building official, or local government may adopt or enforce 20 any laws, rules, procedures, policies, qualifications, or 21 standards more stringent than those prescribed by this 22 section. 23 (b) A local enforcement agency, local building 24 official, or local government may establish, for private 25 providers and duly authorized representatives working within 26 that jurisdiction, a system of registration to verify 27 compliance with the licensure requirements of paragraph (1)(g) 28 and the insurance requirements of subsection (16) (15). 29 (c) Nothing in this section limits the authority of 30 the local building official to issue a stop-work order for a 31 building project or any portion of such order, as provided by 9 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 law, if the official determines that a condition on the 2 building site constitutes an immediate threat to public safety 3 and welfare. 4 (18)(17) Each local building code enforcement agency 5 may audit the performance of building code inspection services 6 by private providers operating within the local jurisdiction. 7 Work on a building or structure may proceed after inspection 8 and approval by a private provider if the provider has given 9 notice of the inspection pursuant to subsection (9) (8) and, 10 subsequent to such inspection and approval, the work may not 11 be delayed for completion of an inspection audit by the local 12 building code enforcement agency. 13 Section 7. Subsection (5) of section 633.0215, Florida 14 Statutes, is amended to read: 15 633.0215 Florida Fire Prevention Code.-- 16 (5) Upon the conclusion of a triennial update to the 17 Florida Fire Prevention Code and notwithstanding any other 18 provisions of law, the State Fire Marshal may address the 19 issues identified in this subsection by amending the Florida 20 Fire Prevention Code, subject only to the rule adoption 21 procedures of chapter 120. Following the approval of any 22 amendments to the Florida Fire Prevention Code by the State 23 Fire Marshal and publication on the State Fire Marshal's 24 website, authorities having jurisdiction to enforce the 25 Florida Fire Prevention Code may enforce the amendments to the 26 code. The State Fire Marshal may approve only amendments that 27 are needed to address: 28 (a) Conflicts within the updated Florida Building 29 Code; 30 (b) Conflicts between the updated Florida Fire 31 Prevention Code and the Florida Building Code adopted pursuant 10 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 to chapter 553; 2 (c) The omission of Florida-specific amendments that 3 were previously adopted in the Florida Fire Prevention Code; 4 or 5 (d) Unintended results from the integration of 6 Florida-specific amendments that were previously adopted with 7 the model code. The State Fire Marshal may approve technical 8 amendments notwithstanding the 3-year update cycle of the 9 Florida Fire Prevention Code upon finding that a threat to 10 life exists that would warrant such action, subject to chapter 11 120. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, lines 4-21, delete those lines 17 18 and insert: 19 modify the standard for wind design; expressly 20 superseding a provision; amending s. 399.15, 21 F.S.; revising the dates by which the elevators 22 in certain buildings must be keyed to allow 23 regional emergency elevator access; amending s. 24 553.71, F.S.; deleting the definition of 25 "exposure category C"; amending s. 553.73, 26 F.S.; authorizing the Florida Building 27 Commission to adopt certain limited amendments 28 to the Florida Building Code pursuant to rule 29 adoption procedures for certain purposes after 30 triennial updates; authorizing authorities to 31 enforce such amendments; specifying amendment 11 9:09 AM 04/17/06 s1774c1c-ri24-s01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1774 Barcode 494104 1 criteria; amending s. 553.775, F.S.; 2 prohibiting certain procedures from being 3 invoked to interpret or review the Florida 4 Accessibility Code for Building Construction 5 and chapter 11 of the Florida Building Code; 6 amending s. 553.791, F.S.; providing for the 7 use of private providers of building code 8 inspection services under certain 9 circumstances; amending s. 633.0215, F.S.; 10 authorizing the State Fire Marshal to adopt 11 certain limited amendments of the Florida Fire 12 Prevention Code pursuant to rule adoption 13 procedures for certain purposes after triennial 14 updates; authorizing authorities to enforce 15 such amendments; specifying amendment criteria; 16 deleting a provision authorizing approval of 17 certain technical amendments to the Florida 18 Fire Prevention Code, notwithstanding the 19 3-year update cycle; 20 21 22 23 24 25 26 27 28 29 30 31 12 9:09 AM 04/17/06 s1774c1c-ri24-s01