1 | A bill to be entitled |
2 | An act relating to regulation of residential manufactured |
3 | buildings; providing for transfer of regulatory authority |
4 | from the Department of Community Affairs to the Department |
5 | of Highway Safety and Motor Vehicles; authorizing |
6 | interagency agreements to facilitate the transfer; |
7 | providing for transfer of certain rules from the |
8 | Department of Community Affairs and the Florida Building |
9 | Commission to the Department of Highway Safety and Motor |
10 | Vehicles; providing for the validity of judicial and |
11 | administrative actions; creating s. 320.870, F.S.; |
12 | providing a short title; creating s. 320.871, F.S.; |
13 | providing definitions; creating s. 320.872, F.S.; |
14 | establishing the Florida Building Code and the Florida |
15 | Fire Prevention and Lifesafety Codes as the minimum |
16 | uniform construction requirements governing the |
17 | manufacture, design, construction, erection, alteration, |
18 | modification, repair, and demolition of residential |
19 | manufactured buildings; creating s. 320.873, F.S.; |
20 | providing duties and responsibilities of the Department of |
21 | Highway Safety and Motor Vehicles; providing for rules, |
22 | inspections, and insignia; authorizing the department to |
23 | set certain fees; providing for the department to delegate |
24 | certain authority; creating s. 320.874, F.S.; providing |
25 | for manufacturer certification; creating s. 320.875, F.S.; |
26 | providing for recertification of residential manufactured |
27 | buildings prior to the relocation, modification, or change |
28 | of occupancy; creating s. 320.876, F.S.; providing for |
29 | application and scope of enforcement by the department; |
30 | providing for local requirements and permits; creating s. |
31 | 320.877, F.S.; providing for injunctive relief to compel |
32 | compliance; creating s. 320.878, F.S.; providing |
33 | penalties; transferring and renumbering s. 320.865, F.S., |
34 | relating to maintenance of records; amending ss. 553.36 |
35 | and 553.38, F.S., relating to regulation of manufactured |
36 | buildings; conforming provisions to changes made by the |
37 | act; providing for conforming legislation; directing the |
38 | Division of Statutory Revision to assist in preparation of |
39 | the legislation; providing an effective date. |
40 |
|
41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
|
43 | Section 1. Department of Highway Safety and Motor |
44 | Vehicles; transfers; operations.-- |
45 | (1) All statutory powers, duties, and functions relating |
46 | to the regulation of residential manufactured buildings, |
47 | including, but not limited to, certification of manufacturers |
48 | and recertification of residential manufactured buildings, of |
49 | the Department of Community Affairs are transferred by a type |
50 | two transfer, as defined in s. 20.06(2), Florida Statutes, to |
51 | the Department of Highway Safety and Motor Vehicles. |
52 | (2) All existing statutory authority and responsibility of |
53 | the Department of Community Affairs for the enforcement of laws |
54 | relating to the regulation of residential manufactured |
55 | buildings, including, but not limited to, enforcement of |
56 | requirements under the Florida Building Code through plan review |
57 | and inspection, are transferred by a type two transfer, as |
58 | defined in s. 20.06(2), Florida Statutes, to the Department of |
59 | Highway Safety and Motor Vehicles. |
60 | (3) All existing legal authorities and actions of the |
61 | Department of Community Affairs relating to the regulation of |
62 | residential manufactured buildings, including, but not limited |
63 | to, all pending and completed action on orders and rules, all |
64 | enforcement matters, and all delegations, interagency |
65 | agreements, and contracts with federal, state, regional, and |
66 | local governments and private entities, are transferred by a |
67 | type two transfer, as defined in s. 20.06(2), Florida Statutes, |
68 | to the Department of Highway Safety and Motor Vehicles. |
69 | (4) The Department of Community Affairs and the Department |
70 | of Highway Safety and Motor Vehicles are authorized to enter |
71 | into interagency agreements with each other concerning any |
72 | matter affected by this section in order to promote the |
73 | efficient and effective implementation of this section. |
74 | Section 2. Transfer of rules.-- |
75 | (1) RULES OF THE DEPARTMENT OF COMMUNITY |
76 | AFFAIRS.--Effective July 1, 2006, the rules of the Department of |
77 | Community Affairs that relate to regulation of residential |
78 | manufactured buildings, including, but not limited to, |
79 | enforcement of requirements under the Florida Building Code, |
80 | certification of manufacturers, and recertification of |
81 | residential manufactured buildings, that were in effect on June |
82 | 30, 2006, shall become rules of the Department of Highway Safety |
83 | and Motor Vehicles and shall remain in effect until specifically |
84 | amended or repealed in the manner provided by law. |
85 | (2) RULES OF THE FLORIDA BUILDING COMMISSION.--Effective |
86 | July 1, 2006, the rules of the Florida Building Commission that |
87 | relate to regulation of residential manufactured buildings, |
88 | including, but not limited to, rules relating to standards for |
89 | construction and inspection of residential manufactured |
90 | buildings, insurance coverage requirements, and fees, that were |
91 | in effect on June 30, 2006, shall become rules of the Department |
92 | of Highway Safety and Motor Vehicles and shall remain in effect |
93 | until specifically amended or repealed in the manner provided by |
94 | law. |
95 | Section 3. Validity; judicial or administrative |
96 | action.--This act shall not affect the validity of any judicial |
97 | or administrative action involving regulation of residential |
98 | manufactured buildings by the Department of Community Affairs |
99 | pending on July 1, 2006, and the Department of Highway Safety |
100 | and Motor Vehicles shall be substituted as a party in interest |
101 | in any such action. |
102 | Section 4. Section 320.870, Florida Statutes, is created |
103 | to read: |
104 | 320.870 Short title.--Sections 320.870-320.878 may be |
105 | cited as the "Florida Residential Manufactured Building Act." |
106 | Section 5. Section 320.871, Florida Statutes, is created |
107 | to read: |
108 | 320.871 Definitions.--As used in ss. 320.870-320.878, the |
109 | term: |
110 | (1) "Approved" means conforming to the requirements of the |
111 | Florida Building Code. |
112 | (2) "Approved inspection agency" means an organization |
113 | determined by the department to be especially qualified by |
114 | reason of facilities, personnel, experience, and demonstrated |
115 | reliability to investigate, test, and evaluate manufactured |
116 | building units or systems or the component parts thereof, |
117 | together with plans, specifications, and quality control |
118 | procedures, to ensure that such units, systems, or component |
119 | parts are in full compliance with the Florida Building Code and |
120 | to label such units complying with those standards. |
121 | (3) "Approved inspector" means an employee of the |
122 | department determined by the department to be especially |
123 | qualified by reason of training, experience, and demonstrated |
124 | reliability to investigate, test, and evaluate residential |
125 | manufactured building units or systems or the component parts |
126 | thereof, together with plans, specifications, and quality |
127 | control procedures, to ensure that such units, systems, or |
128 | component parts are in full compliance with the Florida Building |
129 | Code and to label such units complying with those standards. A |
130 | department employee performing inspections pursuant to ss. |
131 | 320.870-320.878 must meet the licensure requirements under part |
132 | XII of chapter 468. |
133 | (4) "Closed construction" means that condition when any |
134 | building, component, assembly, subassembly, or system is |
135 | manufactured in such a manner that all portions cannot be |
136 | readily inspected at the installation site without disassembly |
137 | or destruction thereof. |
138 | (5) "Component" means any assembly, subassembly, or |
139 | combination of parts for use as a part of a building, which may |
140 | include structural, electrical, mechanical, and fire protection |
141 | systems and other systems affecting health and safety. |
142 | Components that incorporate elements of a building subject to |
143 | the product approval system adopted under s. 553.842 are subject |
144 | to approval in accordance with the product approval system upon |
145 | implementation thereof and are not subject to the rules adopted |
146 | under ss. 320.870-320.878. Components to which the rules adopted |
147 | under ss. 320.870-320.878 apply are limited to three-dimensional |
148 | systems for use as part of a building. |
149 | (6) "Department" means the Department of Highway Safety |
150 | and Motor Vehicles. |
151 | (7) "Insignia" means an approved device or seal issued by |
152 | the department to indicate compliance with the standards and |
153 | rules established pursuant to ss. 320.870-320.878. |
154 | (8) "Installation" means the assembly of a manufactured |
155 | building component or system on site and the process of affixing |
156 | a manufactured building component or system to land, a |
157 | foundation, or an existing building, and service connections |
158 | that are a part thereof. |
159 | (9) "Local government" means any municipality, county, |
160 | district, or combination thereof comprising a governmental unit. |
161 | (10) "Manufacture" means to make, fabricate, construct, |
162 | form, or assemble a product from raw, unfinished, semifinished, |
163 | or finished materials. |
164 | (11) "Mobile home" means any residential unit constructed |
165 | to standards promulgated by the United States Department of |
166 | Housing and Urban Development. |
167 | (12) "Module" means a separately transported three- |
168 | dimensional component of a residential manufactured building |
169 | that contains all or a portion of structural systems, electrical |
170 | systems, plumbing systems, mechanical systems, fire systems, and |
171 | thermal systems. |
172 | (13) "Open construction" means any building, building |
173 | component, assembly, or system manufactured in such a manner |
174 | that all portions can be readily inspected at the building site |
175 | without disassembly or destruction thereof or damage thereto. |
176 | (14) "Residential manufactured building" means a closed |
177 | structure, building assembly, or system of subassemblies, which |
178 | may include structural, electrical, plumbing, heating, |
179 | ventilating, or other service systems, manufactured in |
180 | manufacturing facilities for installation or erection as a |
181 | finished, single-family residential dwelling unit. Sections |
182 | 320.870-320.878 do not apply to manufactured homes or mobile |
183 | homes as defined in s. 320.01, factory-built school shelters, or |
184 | residential health facilities regulated under chapter 553. |
185 | (15) "Site" means the location on which a residential |
186 | manufactured building is installed or is to be installed. |
187 | (16) "System" means structural, plumbing, mechanical, |
188 | heating, electrical, or ventilating elements, materials, or |
189 | components combined for use in a building. |
190 | Section 6. Section 320.872, Florida Statutes, is created |
191 | to read: |
192 | 320.872 Minimum construction requirements |
193 | established.--The Florida Building Code and the Florida Fire |
194 | Prevention and Lifesafety Codes shall be the minimum |
195 | construction requirements governing the manufacture, design, |
196 | construction, erection, alteration, modification, repair, and |
197 | demolition of residential manufactured buildings. These minimum |
198 | requirements shall be uniform throughout the state and no entity |
199 | other than the department has authority to modify the |
200 | requirements. |
201 | Section 7. Section 320.873, Florida Statutes, is created |
202 | to read: |
203 | 320.873 Duties and responsibilities of the department; |
204 | rules, inspections, and insignia.-- |
205 | (1) The department has the authority and responsibility to |
206 | ensure compliance with the provisions of ss. 320.870-320.878 and |
207 | requirements of the Florida Building Code adopted under part I |
208 | of chapter 553 for the construction or modification of |
209 | residential manufactured buildings and building modules. The |
210 | department is authorized to adopt rules pursuant to ss. |
211 | 120.536(1) and 120.54 necessary to carry out the provisions of |
212 | ss. 320.870-320.878 and shall adopt by rule requirements to |
213 | address: |
214 | (a) Submission to and approval by the department of |
215 | manufacturers' drawings and specifications, including any |
216 | amendments. |
217 | (b) Submission to and approval by the department of |
218 | manufacturers' internal quality control procedures and manuals, |
219 | including any amendments. |
220 | (c) Procedures and qualifications for approval of third- |
221 | party plan review and inspection entities and of those who |
222 | perform inspections and plan reviews. |
223 | (d) Investigation of consumer complaints of noncompliance |
224 | of residential manufactured buildings with the Florida Building |
225 | Code and the Florida Fire Prevention Code. |
226 | (e) Issuance, cancellation, and revocation of any insignia |
227 | issued by the department and procedures for auditing them and |
228 | accounting for their disposition. |
229 | (f) Monitoring the manufacturers', inspection entities', |
230 | and plan review entities' compliance with ss. 320.870-320.878 |
231 | and the Florida Building Code. Monitoring may include, but is |
232 | not limited to, performing audits of plans, inspections of |
233 | manufacturing facilities and observation of the manufacturing |
234 | and inspection process, and onsite inspections of buildings. |
235 | (2) No residential manufactured building, except as |
236 | provided in subsection (11), may be installed in this state |
237 | unless it is approved by and bears the insignia of approval of |
238 | the department. Approvals issued by the department under this |
239 | section shall be deemed to comply with the requirements of ss. |
240 | 320.870-320.878. |
241 | (3) All residential manufactured buildings issued and |
242 | bearing insignia of approval pursuant to subsection (2) shall be |
243 | deemed to comply with the Florida Building Code and are exempt |
244 | from local amendments enacted by any local government. |
245 | (4) No residential manufactured building bearing |
246 | department insignia of approval pursuant to subsection (2) shall |
247 | be in any way modified prior to installation, except in |
248 | conformance with the Florida Building Code. |
249 | (5) Residential manufactured buildings issued and bearing |
250 | insignia of approval pursuant to ss. 320.870-320.878 upon |
251 | manufacture or first sale shall not require additional approval |
252 | or insignia by a local government in whose jurisdiction they are |
253 | subsequently sold or installed. Buildings or structures that |
254 | meet the definition of "open construction" are subject to |
255 | permitting by the local jurisdiction and are not required to |
256 | bear insignia. |
257 | (6) If the department determines that the standards for |
258 | construction and inspection of residential manufactured |
259 | buildings prescribed by statute or rule of another state are at |
260 | least equal to standards in the Florida Building Code and that |
261 | such standards are actually enforced by such other state, it may |
262 | provide by rule that a residential manufactured building that |
263 | has been inspected and approved by such other state shall be |
264 | deemed to have been approved by the department and shall |
265 | authorize the affixing of the appropriate insignia of approval. |
266 | (7) The department shall, by rule, establish a schedule of |
267 | fees to pay the cost incurred by the department for the work |
268 | related to administration and enforcement of ss. 320.870- |
269 | 320.878. |
270 | (8) The department may delegate its enforcement authority |
271 | to a state department having building construction |
272 | responsibilities or to a local government. The department may |
273 | delegate its plan review and inspection authority to a state |
274 | department having building construction responsibilities, to a |
275 | local government, to an approved inspection agency, to an |
276 | approved plan review agency, or to an agency of another state. |
277 | (9) If the department delegates its inspection authority |
278 | to third-party approved inspection agencies, manufacturers must |
279 | have one, and only one, inspection agency responsible for |
280 | inspection of a residential manufactured building, module, or |
281 | component at all times. |
282 | (10) If the department delegates its inspection authority |
283 | to third-party approved plan review agencies, manufacturers must |
284 | have one, and only one, plan review agency responsible for |
285 | review of plans of a residential manufactured building, module, |
286 | or component at all times. |
287 | (11) Custom or one-of-a-kind prototype residential |
288 | manufactured buildings shall not be required to have state |
289 | approval but must comply with all local requirements of the |
290 | governmental agency having jurisdiction at the installation |
291 | site. |
292 | Section 8. Section 320.874, Florida Statutes, is created |
293 | to read: |
294 | 320.874 Manufacturer certification.-- |
295 | (1) Before manufacturing residential buildings to be |
296 | located within this state or selling residential manufactured |
297 | buildings within this state, whichever occurs later, a |
298 | manufacturer must be certified by the department. The department |
299 | shall certify a manufacturer upon receipt from the manufacturer |
300 | and approval and verification by the department of the |
301 | following: |
302 | (a) The manufacturer's internal quality control procedures |
303 | and manuals, including any amendments. |
304 | (b) Evidence that the manufacturer has product liability |
305 | insurance for the safety and welfare of the public in amounts |
306 | determined by rule of the department. |
307 | (c) Payment of the fee established by the department under |
308 | s. 320.873(7). |
309 | (2) The department may revoke any certification upon the |
310 | failure of the manufacturer to comply with the Florida Building |
311 | Code or other requirements of ss. 320.870-320.878. |
312 | (3) Certification of manufacturers under this section |
313 | shall be for a period of 3 years, subject to renewal by the |
314 | manufacturer. Upon application for renewal, the manufacturer |
315 | must submit the information described in subsection (1) or a |
316 | sworn statement that there has been no change in the status or |
317 | content of that information since the manufacturer's last |
318 | submittal. Fees for renewal of manufacturers' certification |
319 | shall be established by the department by rule. |
320 | Section 9. Section 320.875, Florida Statutes, is created |
321 | to read: |
322 | 320.875 Recertification of residential manufactured |
323 | buildings.--Prior to the relocation, modification, or change of |
324 | occupancy of a residential manufactured building within the |
325 | state, the manufacturer, dealer, or owner thereof may apply to |
326 | the department for recertification of that residential |
327 | manufactured building. The department shall, by rule, provide |
328 | what information the applicant must submit for recertification |
329 | and for plan review and inspection of such residential |
330 | manufactured building and shall establish fees for |
331 | recertification. Upon a determination by the department that the |
332 | residential manufactured building complies with the applicable |
333 | building codes, the department shall issue a recertification |
334 | insignia. A residential manufactured building that bears |
335 | recertification insignia is considered to comply with all |
336 | applicable codes and does not require any additional approval by |
337 | an enforcement jurisdiction in which the building is sold or |
338 | installed. As an alternative to recertification by the |
339 | department, the manufacturer, dealer, or owner of a residential |
340 | manufactured building may seek appropriate permitting and a |
341 | certificate of occupancy from the local jurisdiction in |
342 | accordance with procedures generally applicable under the |
343 | Florida Building Code. |
344 | Section 10. Section 320.876, Florida Statutes, is created |
345 | to read: |
346 | 320.876 Application and scope.--The department shall |
347 | enforce every provision of ss. 320.870-320.878 and rules adopted |
348 | under ss. 320.870-320.878 and the provisions of the Florida |
349 | Building Code governing residential manufactured buildings, |
350 | except that local land use and zoning requirements, fire zones, |
351 | building setback requirements, side and rear yard requirements, |
352 | site development requirements, property line requirements, |
353 | subdivision control, and onsite installation requirements, as |
354 | well as the review and regulation of architectural and aesthetic |
355 | requirements, are specifically and entirely reserved to local |
356 | authorities. Such local requirements and rules that may be |
357 | enacted by local authorities must be reasonable and uniformly |
358 | applied and enforced without any distinction as to whether a |
359 | building is a conventionally constructed or residential |
360 | manufactured building. A local government shall require permit |
361 | fees only for those inspections actually performed by the local |
362 | government for the installation of a factory-built structure. |
363 | Such fees shall be equal to the amount charged for similar |
364 | inspections on conventionally built housing. |
365 | Section 11. Section 320.877, Florida Statutes, is created |
366 | to read: |
367 | 320.877 Injunctive relief.--The department may seek |
368 | injunctive or other relief from the circuit court of appropriate |
369 | jurisdiction to compel compliance with the requirements of ss. |
370 | 320.870-320.878 or with the Florida Building Code, or to enjoin |
371 | the sale, delivery, or installation of a residential |
372 | manufactured building, upon an affidavit specifying the manner |
373 | in which the building does not conform to the Florida Building |
374 | Code or other requirements of ss. 320.870-320.878. Noncompliance |
375 | with the Florida Building Code or ss. 320.870-320.878 shall be |
376 | considered prima facie evidence of irreparable damage in any |
377 | cause of action brought under the authority of ss. 320.870- |
378 | 320.878. |
379 | Section 12. Section 320.878, Florida Statutes, is created |
380 | to read: |
381 | 320.878 Penalties.--Any person who violates any of the |
382 | provisions of ss. 320.870-320.877 commits a misdemeanor of the |
383 | second degree, punishable as provided in s. 775.082 or s. |
384 | 775.083. |
385 | Section 13. Section 320.865, Florida Statutes, is |
386 | transferred and renumbered as section 320.93, Florida Statutes. |
387 | Section 14. Subsection (12) of section 553.36, Florida |
388 | Statutes, is amended to read: |
389 | 553.36 Definitions.--The definitions contained in this |
390 | section govern the construction of this part unless the context |
391 | otherwise requires. |
392 | (12) "Manufactured building" means a closed structure, |
393 | building assembly, or system of subassemblies, which may include |
394 | structural, electrical, plumbing, heating, ventilating, or other |
395 | service systems manufactured in manufacturing facilities for |
396 | installation or erection as a finished building or as part of a |
397 | finished building, which shall include, but not be limited to, |
398 | residential, commercial, institutional, storage, and industrial |
399 | structures. The term includes buildings not intended for human |
400 | habitation such as lawn storage buildings and storage sheds |
401 | manufactured and assembled offsite by a manufacturer certified |
402 | in conformance with this part. This part does not apply to |
403 | manufactured homes or mobile homes as defined in chapter 320 |
404 | and, except as to applicability of Florida Building Code minimum |
405 | construction standards, does not apply to single-family |
406 | residential manufactured buildings as defined in chapter 320. |
407 | Section 15. Section 553.38, Florida Statutes, is amended |
408 | to read: |
409 | 553.38 Application and scope.--Except as provided in |
410 | chapter 320, the department shall enforce every provision of the |
411 | Florida Building Code adopted pursuant hereto, except that local |
412 | land use and zoning requirements, fire zones, building setback |
413 | requirements, side and rear yard requirements, site development |
414 | requirements, property line requirements, subdivision control, |
415 | and onsite installation requirements, as well as the review and |
416 | regulation of architectural and aesthetic requirements, are |
417 | specifically and entirely reserved to local authorities. Such |
418 | local requirements and rules which may be enacted by local |
419 | authorities must be reasonable and uniformly applied and |
420 | enforced without any distinction as to whether a building is a |
421 | conventionally constructed or manufactured building. A local |
422 | government shall require permit fees only for those inspections |
423 | actually performed by the local government for the installation |
424 | of a factory-built structure. Such fees shall be equal to the |
425 | amount charged for similar inspections on conventionally built |
426 | housing. |
427 | Section 16. Conforming legislation.--The Legislature |
428 | recognizes that there is a need to conform the Florida Statutes |
429 | to the policy decisions reflected in this act and that there is |
430 | a need to resolve apparent conflicts between any other |
431 | legislation that has been or may be enacted during 2006 and the |
432 | transfer of responsibilities to the Department of Highway Safety |
433 | and Motor Vehicles by this act. Therefore, in the interim |
434 | between this act becoming a law and the 2007 Regular Session of |
435 | the Legislature or an earlier special session addressing this |
436 | issue, the Division of Statutory Revision shall, upon request, |
437 | provide the relevant substantive committees of the Senate and |
438 | the House of Representatives with assistance to enable such |
439 | committees to prepare draft legislation to conform the Florida |
440 | Statutes and any legislation enacted during 2006 to the |
441 | provisions of this act. |
442 | Section 17. This act shall take effect July 1, 2006. |