Senate Bill sb1774er

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  2         An act relating to building codes; authorizing

  3         the Florida Building Commission to update and

  4         modify the standard for wind design; expressly

  5         superseding a provision; amending s. 399.15,

  6         F.S.; revising the dates by which the elevators

  7         in certain buildings must be keyed to allow

  8         regional emergency elevator access; amending s.

  9         553.71, F.S.; deleting the definition of

10         "exposure category C"; amending s. 553.73,

11         F.S.; authorizing the Florida Building

12         Commission to adopt certain limited amendments

13         to the Florida Building Code pursuant to rule

14         adoption procedures for certain purposes after

15         triennial updates; authorizing authorities to

16         enforce such amendments; specifying amendment

17         criteria; amending s. 553.775, F.S.;

18         prohibiting certain procedures from being

19         invoked to interpret or review the Florida

20         Accessibility Code for Building Construction

21         and chapter 11 of the Florida Building Code;

22         amending s. 553.791, F.S.; providing for the

23         use of private providers of building code

24         inspection services under certain

25         circumstances; amending s. 633.0215, F.S.;

26         authorizing the State Fire Marshal to adopt

27         certain limited amendments of the Florida Fire

28         Prevention Code pursuant to rule adoption

29         procedures for certain purposes after triennial

30         updates; authorizing authorities to enforce

31         such amendments; specifying amendment criteria;


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 1         deleting a provision authorizing approval of

 2         certain technical amendments to the Florida

 3         Fire Prevention Code, notwithstanding the

 4         3-year update cycle; amending s. 633.021, F.S.;

 5         defining the term "fire hydrant" for the

 6         purpose of the Florida Fire Prevention Code;

 7         amending s. 633.082, F.S.; providing for the

 8         inspection of fire hydrants by the State Fire

 9         Marshal; requiring that each fire hydrant be

10         opened fully at least once each year to clear

11         foreign materials in the system; providing that

12         a fire hydrant made nonfunctional by the

13         closing of a water supply valve must

14         immediately be tagged with a red tag that is

15         boldly marked "nonfunctional"; repealing s.

16         633.5391, F.S., relating to backflow prevention

17         assembly inspection; providing an effective

18         date.

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20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  The Florida Building Commission may update

23  or modify the wind-design standard applicable to construction

24  in this state as adopted within the Florida Building Code in

25  accordance with the requirements of s. 553.73, Florida

26  Statutes. The Florida Building Commission is specifically

27  authorized to identify within the Florida Building Code those

28  areas of the state from the eastern border of Franklin County

29  west to the Florida-Alabama line which are subject to the

30  windborne-debris requirements of the code. The Florida

31  Building Commission's initial designation of wind lines for


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 1  this region shall address the results of the study required by

 2  section 39 of chapter 2005-147, Laws of Florida. The initial

 3  designation of those areas after July 1, 2006, is subject to

 4  only the rule-adoption procedures of chapter 120, Florida

 5  Statutes, notwithstanding the code-development procedures of

 6  chapter 553, Florida Statutes. The rules adopted pursuant to

 7  this section shall not take effect for 6 months following the

 8  adoption of the rules or May 31, 2007, whichever occurs

 9  sooner.  The provisions of subsection (3) of section 109 of

10  chapter 2000-141, Laws of Florida, are expressly superseded.

11         Section 2.  Subsections (1) and (2) of section 399.15,

12  Florida Statutes, are amended to read:

13         399.15  Regional emergency elevator access.--

14         (1)  In order to provide emergency access to elevators:

15         (a)  For each building in this state which is six or

16  more stories in height, including, but not limited to, hotels

17  and condominiums, on which a building permit is issued

18  construction is begun after September 30, 2006 June 30, 2004,

19  all of the keys for elevators that allow public access,

20  including, but not limited to, service and freight elevators,

21  must be keyed so as to allow all elevators within each of the

22  seven state emergency response regions to operate in fire

23  emergency situations with one master elevator key.

24         (b)  Any building in this state which is six or more

25  stories in height and has undergone "substantial improvement"

26  as defined in s. 161.54(12) must also comply with paragraph

27  (a).

28         (2)  Each existing building in this state which is six

29  or more stories in height must comply with subsection (1)

30  before October 1, 2009 July 1, 2007.

31  


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 1         Section 3.  Subsections (10) and (11) of section

 2  553.71, Florida Statutes, are amended to read:

 3         553.71  Definitions.--As used in this part, the term:

 4         (10)  "Exposure category C" means, except in the high

 5  velocity hurricane zone, that area which lies within 1,500

 6  feet of the coastal construction control line, or within 1,500

 7  feet of the mean high tide line, whichever is less. On barrier

 8  islands, exposure category C shall be applicable in the

 9  coastal building zone set forth in s. 161.55(5).

10         (10)(11)  "Prototype building" means a building

11  constructed in accordance with architectural or engineering

12  plans intended for replication on various sites and which will

13  be updated to comply with the Florida Building Code and

14  applicable laws relating to firesafety, health and sanitation,

15  casualty safety, and requirements for persons with

16  disabilities which are in effect at the time a construction

17  contract is to be awarded.

18         Section 4.  Subsection (6) of section 553.73, Florida

19  Statutes, is amended to read:

20         553.73  Florida Building Code.--

21         (6)(a)  The commission, by rule adopted pursuant to ss.

22  120.536(1) and 120.54, shall update the Florida Building Code

23  every 3 years. When updating the Florida Building Code, the

24  commission shall select the most current version of the

25  International Building Code, the International Fuel Gas Code,

26  the International Mechanical Code, the International Plumbing

27  Code, and the International Residential Code, all of which are

28  adopted by the International Code Council, and the National

29  Electrical Code, which is adopted by the National Fire

30  Protection Association, to form the foundation codes of the

31  updated Florida Building Code, if the version has been adopted


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 1  by the applicable model code entity International Code Council

 2  and made available to the public at least 6 months prior to

 3  its selection by the commission.

 4         (b)  Codes regarding noise contour lines shall be

 5  reviewed annually, and the most current federal guidelines

 6  shall be adopted.

 7         (c)  The commission may modify any portion of the

 8  foundation codes only as needed to accommodate the specific

 9  needs of this state, maintaining Florida-specific amendments

10  previously adopted by the commission and not addressed by the

11  updated foundation code. Standards or criteria referenced by

12  the codes shall be incorporated by reference. If a referenced

13  standard or criterion requires amplification or modification

14  to be appropriate for use in this state, only the

15  amplification or modification shall be set forth in the

16  Florida Building Code. The commission may approve technical

17  amendments to the updated Florida Building Code after the

18  amendments have been subject to the conditions set forth in

19  paragraphs (3)(a)-(d). Amendments to the foundation codes

20  which are adopted in accordance with this subsection shall be

21  clearly marked in printed versions of the Florida Building

22  Code so that the fact that the provisions are Florida-specific

23  amendments to the foundation codes is readily apparent.

24         (d)  The commission shall further consider the

25  commission's own interpretations, declaratory statements,

26  appellate decisions, and approved statewide and local

27  technical amendments and shall incorporate such

28  interpretations, statements, decisions, and amendments into

29  the updated Florida Building Code only to the extent that they

30  are needed to modify the foundation codes to accommodate the

31  specific needs of the state. A change made by an institute or


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 1  standards organization to any standard or criterion that is

 2  adopted by reference in the Florida Building Code does not

 3  become effective statewide until it has been adopted by the

 4  commission. Furthermore, the edition of the Florida Building

 5  Code which is in effect on the date of application for any

 6  permit authorized by the code governs the permitted work for

 7  the life of the permit and any extension granted to the

 8  permit.

 9         (e)  A rule updating the Florida Building Code in

10  accordance with this subsection shall take effect no sooner

11  than 6 months after publication of the updated code. Any

12  amendment to the Florida Building Code which is adopted upon a

13  finding by the commission that the amendment is necessary to

14  protect the public from immediate threat of harm takes effect

15  immediately.

16         (f)  Upon the conclusion of a triennial update to the

17  Florida Building Code, notwithstanding the provisions of this

18  subsection or subsection (3), the commission may address

19  issues identified in this paragraph by amending the code

20  pursuant only to the rule adoption procedures contained in

21  chapter 120. Following the approval of any amendments to the

22  Florida Building Code by the commission and publication of the

23  amendments on the commission's website, authorities having

24  jurisdiction to enforce the Florida Building Code may enforce

25  the amendments. The commission may approve amendments that are

26  needed to address:

27         1.  Conflicts within the updated code;

28         2.  Conflicts between the updated code and the Florida

29  Fire Prevention Code adopted pursuant to chapter 633;

30         3.  The omission of previously adopted Florida-specific

31  amendments to the updated code if such omission is not


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 1  supported by a specific recommendation of a technical advisory

 2  committee or particular action by the commission; or

 3         4.  Unintended results from the integration of

 4  previously adopted Florida-specific amendments with the model

 5  code.

 6         Section 5.  Subsection (5) is added to section 553.775,

 7  Florida Statutes, to read:

 8         553.775  Interpretations.--

 9         (5)  Notwithstanding the other provisions of this

10  section, the Florida Accessibility Code for Building

11  Construction and chapter 11 of the Florida Building Code may

12  not be interpreted by, and are not subject to review under,

13  any of the procedures specified in this section. This

14  subsection has no effect upon the commission's authority to

15  waive the Florida Accessibility Code for Building Construction

16  as provided by s. 553.512.

17         Section 6.  Paragraphs (f) and (h) of subsection (1) of

18  section 553.791, Florida Statutes, are amended, subsections

19  (5), (7)-(10), (12), (13), (15), (16), and (18) of that

20  section are renumbered as subsections (6), (8)-(11), (13),

21  (14), (16), (17), and (19), respectively, a new subsection (5)

22  is added to that section, and present subsections (6), (11),

23  (14), and (17) of that section are amended, to read:

24         553.791  Alternative plans review and inspection.--

25         (1)  As used in this section, the term:

26         (f)  "Permit application" means a properly completed

27  and submitted application for the requested building or

28  construction permit, including:

29         1.  The plans reviewed by the private provider.

30         2.  The affidavit from the private provider required

31  pursuant to subsection (6) (5).


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 1         3.  Any applicable fees.

 2         4.  Any documents required by the local building

 3  official to determine that the fee owner has secured all other

 4  government approvals required by law.

 5         (h)  "Request for certificate of occupancy or

 6  certificate of completion" means a properly completed and

 7  executed application for:

 8         1.  A certificate of occupancy or certificate of

 9  completion.

10         2.  A certificate of compliance from the private

11  provider required pursuant to subsection (11) (10).

12         3.  Any applicable fees.

13         4.  Any documents required by the local building

14  official to determine that the fee owner has secured all other

15  government approvals required by law.

16         (5)  After construction has commenced and if the local

17  building official is unable to provide inspection services in

18  a timely manner, the fee owner or the fee owner's contractor

19  may elect to use a private provider to provide inspection

20  services by notifying the local building official of the

21  owner's or contractor's intention to do so no less than 7

22  business days prior to the next scheduled inspection using the

23  notice provided for in paragraphs (4)(a)-(c).

24         (7)(6)(a)  No more than 30 business days after receipt

25  of a permit application and the affidavit from the private

26  provider required pursuant to subsection (6) (5), the local

27  building official shall issue the requested permit or provide

28  a written notice to the permit applicant identifying the

29  specific plan features that do not comply with the applicable

30  codes, as well as the specific code chapters and sections. If

31  the local building official does not provide a written notice


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 1  of the plan deficiencies within the prescribed 30-day period,

 2  the permit application shall be deemed approved as a matter of

 3  law, and the permit shall be issued by the local building

 4  official on the next business day.

 5         (b)  If the local building official provides a written

 6  notice of plan deficiencies to the permit applicant within the

 7  prescribed 30-day period, the 30-day period shall be tolled

 8  pending resolution of the matter. To resolve the plan

 9  deficiencies, the permit applicant may elect to dispute the

10  deficiencies pursuant to subsection (13) (12) or to submit

11  revisions to correct the deficiencies.

12         (c)  If the permit applicant submits revisions, the

13  local building official has the remainder of the tolled 30-day

14  period plus 5 business days to issue the requested permit or

15  to provide a second written notice to the permit applicant

16  stating which of the previously identified plan features

17  remain in noncompliance with the applicable codes, with

18  specific reference to the relevant code chapters and sections.

19  If the local building official does not provide the second

20  written notice within the prescribed time period, the permit

21  shall be issued by the local building official on the next

22  business day.

23         (d)  If the local building official provides a second

24  written notice of plan deficiencies to the permit applicant

25  within the prescribed time period, the permit applicant may

26  elect to dispute the deficiencies pursuant to subsection (13)

27  (12) or to submit additional revisions to correct the

28  deficiencies. For all revisions submitted after the first

29  revision, the local building official has an additional 5

30  business days to issue the requested permit or to provide a

31  written notice to the permit applicant stating which of the


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 1  previously identified plan features remain in noncompliance

 2  with the applicable codes, with specific reference to the

 3  relevant code chapters and sections.

 4         (12)(11)  No more than 2 business days after receipt of

 5  a request for a certificate of occupancy or certificate of

 6  completion and the applicant's presentation of a certificate

 7  of compliance and approval of all other government approvals

 8  required by law, the local building official shall issue the

 9  certificate of occupancy or certificate of completion or

10  provide a notice to the applicant identifying the specific

11  deficiencies, as well as the specific code chapters and

12  sections. If the local building official does not provide

13  notice of the deficiencies within the prescribed 2-day period,

14  the request for a certificate of occupancy or certificate of

15  completion shall be deemed granted and the certificate of

16  occupancy or certificate of completion shall be issued by the

17  local building official on the next business day. To resolve

18  any identified deficiencies, the applicant may elect to

19  dispute the deficiencies pursuant to subsection (13) (12) or

20  to submit a corrected request for a certificate of occupancy

21  or certificate of completion.

22         (15)(14)(a)  No local enforcement agency, local

23  building official, or local government may adopt or enforce

24  any laws, rules, procedures, policies, qualifications, or

25  standards more stringent than those prescribed by this

26  section.

27         (b)  A local enforcement agency, local building

28  official, or local government may establish, for private

29  providers and duly authorized representatives working within

30  that jurisdiction, a system of registration to verify

31  


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 1  compliance with the licensure requirements of paragraph (1)(g)

 2  and the insurance requirements of subsection (16) (15).

 3         (c)  Nothing in this section limits the authority of

 4  the local building official to issue a stop-work order for a

 5  building project or any portion of such order, as provided by

 6  law, if the official determines that a condition on the

 7  building site constitutes an immediate threat to public safety

 8  and welfare.

 9         (18)(17)  Each local building code enforcement agency

10  may audit the performance of building code inspection services

11  by private providers operating within the local jurisdiction.

12  Work on a building or structure may proceed after inspection

13  and approval by a private provider if the provider has given

14  notice of the inspection pursuant to subsection (9) (8) and,

15  subsequent to such inspection and approval, the work may not

16  be delayed for completion of an inspection audit by the local

17  building code enforcement agency.

18         Section 7.  Subsection (5) of section 633.0215, Florida

19  Statutes, is amended to read:

20         633.0215  Florida Fire Prevention Code.--

21         (5)  Upon the conclusion of a triennial update to the

22  Florida Fire Prevention Code and notwithstanding any other

23  provisions of law, the State Fire Marshal may address the

24  issues identified in this subsection by amending the Florida

25  Fire Prevention Code, subject only to the rule adoption

26  procedures of chapter 120. Following the approval of any

27  amendments to the Florida Fire Prevention Code by the State

28  Fire Marshal and publication on the State Fire Marshal's

29  website, authorities having jurisdiction to enforce the

30  Florida Fire Prevention Code may enforce the amendments to the

31  


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 1  code. The State Fire Marshal may approve only amendments that

 2  are needed to address:

 3         (a)  Conflicts within the updated Florida Fire

 4  Prevention Code;

 5         (b)  Conflicts between the updated Florida Fire

 6  Prevention Code and the Florida Building Code adopted pursuant

 7  to chapter 553;

 8         (c)  The omission of Florida-specific amendments that

 9  were previously adopted in the Florida Fire Prevention Code;

10  or

11         (d)  Unintended results from the integration of

12  Florida-specific amendments that were previously adopted with

13  the model code. The State Fire Marshal may approve technical

14  amendments notwithstanding the 3-year update cycle of the

15  Florida Fire Prevention Code upon finding that a threat to

16  life exists that would warrant such action, subject to chapter

17  120.

18         Section 8.  Present subsections (8) through (27) of

19  section 633.021, Florida Statutes, are redesignated as

20  subsections (9) through (28), respectively, and a new

21  subsection (8) is added to that section, to read:

22         633.021  Definitions.--As used in this chapter:

23         (8)  A "fire hydrant" is a connection to a water main,

24  elevated water tank, or other source of water for the purpose

25  of supplying water to a fire hose or other fire protection

26  apparatus for fire-suppression operations.

27         Section 9.  Section 633.082, Florida Statutes, is

28  amended to read:

29         633.082  Inspection of fire control systems, fire

30  hydrants, and fire protection systems.--

31  


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 1         (1)  The State Fire Marshal shall have the right to

 2  inspect any fire control system during and after construction

 3  to determine that such system meets the standards set forth in

 4  the laws and rules of the state.

 5         (2)  Fire hydrants and fire protection systems

 6  installed in public and private properties, except one-family

 7  or two-family dwellings, in this state shall be inspected

 8  following procedures established in the nationally recognized

 9  inspection, testing, and maintenance standards NFPA-24 and

10  standard NFPA-25 as set forth in the edition adopted by the

11  State Fire Marshal. Quarterly, annual, 3-year, and 5-year

12  inspections consistent with the contractual provisions with

13  the owner shall be conducted by the certificateholder or

14  permittees employed by the certificateholder pursuant to s.

15  633.521.

16         (3)  The inspecting contractor shall provide to the

17  building owner or hydrant owner and the local authority having

18  jurisdiction a copy of the applicable inspection report

19  established under this chapter s. 633.071(3). The maintenance

20  of fire hydrant and fire protection systems as well as

21  corrective actions on deficient systems is the responsibility

22  of the owner of the system or hydrant. This section does not

23  prohibit governmental entities from inspecting and enforcing

24  firesafety codes.

25         (4)  At least once each year, each fire hydrant shall

26  be opened fully and the water allowed to flow until all

27  foreign materials have cleared the hydrant. The flow shall be

28  maintained for not less than 1 minute.

29         (5)  If a fire hydrant is made nonfunctional by the

30  closing of a water supply valve, the valve must immediately be

31  tagged with a red tag that is boldly marked "nonfunctional"


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 1  and the local fire authority notified that the hydrant is

 2  nonfunctional.

 3         Section 10.  Section 633.5391, Florida Statutes, is

 4  repealed.

 5         Section 11.  This act shall take effect July 1, 2006.

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