Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2836
                        Barcode 093448
                            CHAMBER ACTION
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11  The Committee on Community Affairs (Villalobos) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The Florida Building Commission shall
19  review the requirements in the National Electrical Code (2005)
20  which relate to bonding and grounding systems for swimming
21  pools. The commission may adopt a rule authorizing the use of
22  a method for bonding and grounding systems which is an
23  alternative to what is permitted by the National Electrical
24  Code. The commission is further authorized to integrate that
25  alternative method into the 2007 edition of the Florida
26  Building Code, notwithstanding the requirements of s. 553.73,
27  Florida Statutes. Until the commission adopts a rule for an
28  alternate method for bonding and grounding systems for
29  swimming pools, the use of an underground bonding conductor
30  made of a single #8 AWG bare solid copper wire buried to a
31  minimum depth of 4 inches to 6 inches below subgrade, and 18
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 inches to 24 inches from inside the wall of a swimming pool or 2 spa, is deemed a permissible alternative or equivalent to 3 compliance with s. 680.26(c) of the National Electrical Code 4 (2005), NFPA No. 70, adopted by reference within the Florida 5 Building Code. 6 Section 2. (1) The Legislature finds that the results 7 of recent hurricanes striking this state have demonstrated the 8 effectiveness of the Florida Building Code for reducing 9 property damage for buildings constructed in accordance with 10 the requirements of the code. The Legislature also finds that 11 the storms have called attention to the vulnerability of some 12 buildings constructed before the code was implemented. The 13 Legislature also finds that the destructive effects of 14 hurricanes represent a continuing threat to the health, 15 safety, and welfare of the residents of this state and affect 16 the insurance rates in the state. The Legislature additionally 17 finds that mitigating property damage constitutes a valid and 18 recognized objective of the Florida Building Code. The 19 Legislature further finds that retrofitting buildings built 20 before the code was implemented with proven construction 21 methods and materials set forth in the code is cost-effective 22 and a benefit to the state as a whole. 23 (2) The Florida Building Commission shall: 24 (a) Consider the extent to which a proposed code 25 provision will mitigate property damage to buildings and their 26 contents when evaluating whether the proposed code provision 27 should be adopted. If the proposed code provision applies only 28 to the mitigation of property damage and cannot be 29 demonstrated to significantly affect life-safety issues for 30 persons, the proposed code provision must be evaluated by its 31 measurable benefits when compared to the costs the proposed 2 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 code provision would impose if adopted as a rule. 2 (b) Develop and adopt within the Florida Building Code 3 the appropriate mitigation techniques to use to retrofit 4 buildings constructed before the code was implemented. The 5 commission must consider, but is not limited to: 6 1. Prescriptive techniques for installing gable-end 7 bracing; 8 2. Secondary water barriers for roofs and standards 9 relating to secondary water barriers. The criteria may 10 include, but are not limited to, roof shape, slope, and 11 composition of all elements of the roof system, and the 12 cost-effectiveness of the secondary water barrier; 13 3. Prescriptive means and criteria to improve 14 roof-to-wall connections; and 15 4. Clarifying that roof-fastener deficiencies must be 16 corrected when exposed during reroofing. 17 18 If the commission finds that the cost to retrofit an existing 19 building to meet the requirements of the code exceeds the cost 20 of applying the code to new construction, the commission must 21 authorizes the use of alternate, less expensive means to 22 retrofit existing buildings. 23 Section 3. Subsection (7) of section 553.73, Florida 24 Statutes, as amended by section 7 of chapter 2007-1, Laws of 25 Florida, is amended to read: 26 553.73 Florida Building Code.-- 27 (7) Upon the conclusion of a triennial update to the 28 Florida Building Code, Notwithstanding the provisions of 29 subsection (3) or subsection (6), the commission may address 30 issues identified in this subsection by amending the code 31 pursuant only to the rule adoption procedures contained in 3 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 chapter 120. Provisions of the Florida Building Code, 2 including those contained in referenced standards and 3 criteria, relating to wind resistance or the prevention of 4 water intrusion may not be amended pursuant to this subsection 5 to diminish those construction requirements; however, the 6 commission may, subject to conditions in this subsection, 7 amend the provisions to enhance those construction 8 requirements. Following the approval of any amendments to the 9 Florida Building Code by the commission and publication of the 10 amendments on the commission's website, authorities having 11 jurisdiction to enforce the Florida Building Code may enforce 12 the amendments. The commission may approve amendments that are 13 needed to address: 14 (a) Conflicts within the updated code; 15 (b) Conflicts between the updated code and the Florida 16 Fire Prevention Code adopted pursuant to chapter 633; 17 (c) The omission of previously adopted 18 Florida-specific amendments to the updated code if such 19 omission is not supported by a specific recommendation of a 20 technical advisory committee or particular action by the 21 commission; or 22 (d) Unintended results from the integration of 23 previously adopted Florida-specific amendments with the model 24 code; or. 25 (e) Changes to federal or state law. 26 Section 4. Present paragraphs (d) through (g) of 27 subsection (3) of section 553.775, Florida Statutes, are 28 redesignated as paragraphs (e) through (h), respectively, and 29 a new paragraph (d) is added to that subsection, to read: 30 553.775 Interpretations.-- 31 (3) The following procedures may be invoked regarding 4 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 interpretations of the Florida Building Code: 2 (d) Upon written application by any substantially 3 affected person, contractor, or designer, or a group 4 representing a substantially affected person, contractor, or 5 designer, the commission shall issue or cause to be issued a 6 formal interpretation of the Florida Building Code as 7 prescribed by paragraph (c). 8 Section 5. Subsections (1), (2), (4), (8), (9), (10), 9 (11), (13), (15), and (18) of section 553.791, Florida 10 Statutes, are amended to read: 11 553.791 Alternative plans review and inspection.-- 12 (1) As used in this section, the term: 13 (a) "Applicable codes" means the Florida Building Code 14 and any local technical amendments to the Florida Building 15 Code but does not include the applicable minimum fire 16 prevention and firesafety codes adopted pursuant to chapter 17 633. 18 (b) "Audit" means the process to confirm that the 19 building code inspection services have been performed by the 20 private provider, including ensuring that the required 21 affidavit for the plan review has been properly completed and 22 affixed to the permit documents and that the minimum mandatory 23 inspections required under the building code have been 24 performed and properly recorded. The term does not mean that 25 the local building official is required to replicate the plan 26 review or inspection being performed by the private provider. 27 (c)(b) "Building" means any construction, erection, 28 alteration, demolition, or improvement of, or addition to, any 29 structure for which permitting by a local enforcement agency 30 is required. 31 (d)(c) "Building code inspection services" means those 5 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 services described in s. 468.603(6) and (7) involving the 2 review of building plans to determine compliance with 3 applicable codes and those inspections required by law of each 4 phase of construction for which permitting by a local 5 enforcement agency is required to determine compliance with 6 applicable codes. 7 (e)(d) "Duly authorized representative" means an agent 8 by the private provider identified in the permit application 9 who reviews plans or performs inspections as provided by this 10 section and who is licensed as an engineer under chapter 471 11 or as an architect under chapter 481 or who holds a standard 12 certificate under part XII of chapter 468. 13 (f) "Immediate threat to public safety and welfare" 14 means a building code violation that, if allowed to persist, 15 constitutes an immediate hazard that could result in death, 16 serious bodily injury, or significant property damage. 17 (g)(e) "Local building official" means the individual 18 within the governing jurisdiction responsible for direct 19 regulatory administration or supervision of plans review, 20 enforcement, and inspection of any construction, erection, 21 alteration, demolition, or substantial improvement of, or 22 addition to, any structure for which permitting is required to 23 indicate compliance with applicable codes and includes any 24 duly authorized designee of such person. 25 (h)(f) "Permit application" means a properly completed 26 and submitted application for the requested building or 27 construction permit, including: 28 1. The plans reviewed by the private provider. 29 2. The affidavit from the private provider required 30 under pursuant to subsection (6). 31 3. Any applicable fees. 6 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 4. Any documents required by the local building 2 official to determine that the fee owner has secured all other 3 government approvals required by law. 4 (i)(g) "Private provider" means a person licensed as 5 an engineer under chapter 471 or as an architect under chapter 6 481. For purposes of performing inspections under this section 7 for additions and alterations that are limited to 1,000 square 8 feet or less to residential buildings, the term "private 9 provider" also includes a person who holds a standard 10 certificate under part XII of chapter 468. 11 (j)(h) "Request for certificate of occupancy or 12 certificate of completion" means a properly completed and 13 executed application for: 14 1. A certificate of occupancy or certificate of 15 completion. 16 2. A certificate of compliance from the private 17 provider required under pursuant to subsection (11). 18 3. Any applicable fees. 19 4. Any documents required by the local building 20 official to determine that the fee owner has secured all other 21 government approvals required by law. 22 (k) "Stop-work order" means the issuance of any 23 written statement, written directive, or written order to stop 24 work on a project. 25 (2) Notwithstanding any other provision of law or 26 local government ordinance or local policy, the fee owner of a 27 building or structure, or the fee owner's contractor upon 28 written authorization from the fee owner, may choose to use a 29 private provider to provide building code inspection services 30 with regard to such building or structure and may make payment 31 directly to the private provider for the provision of such 7 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 services. All such services shall be the subject of a written 2 contract between the private provider, or the private 3 provider's firm, and the fee owner or the fee owner's 4 contractor, upon written authorization of the fee owner. The 5 fee owner may elect to use a private provider to provide plans 6 review or required building inspections, or both. However, if 7 the fee owner or the fee owner's contractor uses a private 8 provider to provide plans review, the local building official, 9 in his or her discretion and pursuant to duly adopted policies 10 of the local enforcement agency, may require the fee owner or 11 the fee owner's contractor to use a private provider to also 12 provide required building inspections. 13 (4) A fee owner or the fee owner's contractor using a 14 private provider to provide building code inspection services 15 shall notify the local building official at the time of permit 16 application, or no less than 7 business days prior to the 17 first scheduled inspection by the local building official or 18 building code enforcement agency for a private provider 19 performing required inspections of construction under this 20 section, on a form to be adopted by the commission. This 21 notice shall include the following information: 22 (a) The services to be performed by the private 23 provider. 24 (b) The name, firm, address, telephone number, and 25 facsimile number of each private provider who is performing or 26 will perform such services, his or her professional license or 27 certification number, qualification statements or resumes, 28 and, if required by the local building official, a certificate 29 of insurance demonstrating that professional liability 30 insurance coverage is in place for the private provider's 31 firm, the private provider, and any duly authorized 8 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 representative in the amounts required by this section. 2 (c) An acknowledgment from the fee owner in 3 substantially the following form: 4 5 I have elected to use one or more private 6 providers to provide building code plans review 7 and/or inspection services on the building or 8 structure that is the subject of the enclosed 9 permit application, as authorized by s. 10 553.791, Florida Statutes. I understand that 11 the local building official may not review the 12 plans submitted or perform the required 13 building inspections to determine compliance 14 with the applicable codes, except to the extent 15 specified in said law. Instead, plans review 16 and/or required building inspections will be 17 performed by licensed or certified personnel 18 identified in the application. The law requires 19 minimum insurance requirements for such 20 personnel, but I understand that I may require 21 more insurance to protect my interests. By 22 executing this form, I acknowledge that I have 23 made inquiry regarding the competence of the 24 licensed or certified personnel and the level 25 of their insurance and am satisfied that my 26 interests are adequately protected. I agree to 27 indemnify, defend, and hold harmless the local 28 government, the local building official, and 29 their building code enforcement personnel from 30 any and all claims arising from my use of these 31 licensed or certified personnel to perform 9 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 building code inspection services with respect 2 to the building or structure that is the 3 subject of the enclosed permit application. 4 5 If the fee owner or the fee owner's contractor makes any 6 changes to the listed private providers or the services to be 7 provided by those private providers, the fee owner or the fee 8 owner's contractor shall, within 1 business day after any 9 change, update the notice to reflect such changes. A change of 10 a duly authorized representative named in the permit 11 application does not require a revision of the permit, and the 12 building code enforcement agency may not charge a fee for 13 making the change. In addition, the fee owner or the fee 14 owner's contractor shall post at the project site, prior to 15 the commencement of construction and updated within 1 business 16 day after any change, on a form to be adopted by the 17 commission, the name, firm, address, telephone number, and 18 facsimile number of each private provider who is performing or 19 will perform building code inspection services, the type of 20 service being performed, and similar information for the 21 primary contact of the private provider on the project. 22 23 (8) A private provider performing required inspections 24 under this section shall inspect each phase of construction as 25 required by the applicable codes. The private provider shall 26 be permitted to send a duly authorized representative to the 27 building site to perform the required inspections, provided 28 all required reports and certifications are prepared by and 29 bear the signature of the private provider or the private 30 provider's duly authorized representative. The duly authorized 31 representative must be an employee of the private provider 10 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 entitled to receive unemployment compensation benefits under 2 chapter 443. The contractor's contractual or legal obligations 3 are not relieved by any action by the private provider. 4 (9) A private provider performing required inspections 5 under this section shall provide notice to the local building 6 official of the date and approximate time of any such 7 inspection no later than the prior business day by 2 p.m. 8 local time or by any later time permitted by the local 9 building official in that jurisdiction. The local building 10 official may visit the building site as often as necessary to 11 verify that the private provider is performing all required 12 inspections. A deficiency notice must be posted at the job 13 site by the private provider, the duly authorized 14 representative of the private provider, or the building 15 department whenever a nonconforming item is found to exist 16 relating to the building code or permitted documents. 17 Corrections must be made by the appropriate party and the 18 nonconforming item must be reinspected by the private provider 19 or the duly authorized representative before being concealed. 20 Reinspection or reaudit fees shall not be charged by the local 21 jurisdiction as a result of the local jurisdiction's audit 22 inspection occurring before the performance of the private 23 provider inspection or for any other administrative matter not 24 involving the detection of a building code violation or permit 25 plan nonconformance issue. 26 (10) Upon completing the required inspections at each 27 applicable phase of construction, the private provider shall 28 record such inspections on a form acceptable to the local 29 building official. The form must be signed by the provider or 30 the provider's duly authorized representative. These 31 inspection records shall reflect those inspections required by 11 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 the applicable codes of each phase of construction for which 2 permitting by a local enforcement agency is required. The 3 private provider, before leaving the project site, shall post 4 each completed inspection record, indicating pass or fail, at 5 the site and provide the record to the local building official 6 within 2 business days. The local building official may waive 7 the requirement to provide a record of each inspection within 8 2 business days if the record is posted at the project site 9 and all such inspection records are submitted with the 10 certificate of compliance. Records of all required and 11 completed inspections shall be maintained at the building site 12 at all times and made available for review by the local 13 building official. The private provider shall report to the 14 local enforcement agency any condition that poses an immediate 15 threat to public safety and welfare. 16 (11) Upon completion of all required inspections, the 17 private provider shall prepare a certificate of compliance, on 18 a form acceptable to the local building official, summarizing 19 the inspections performed and including a written 20 representation, under oath, that the stated inspections have 21 been performed and that, to the best of the private provider's 22 knowledge and belief, the building construction inspected 23 complies with the approved plans and applicable codes. The 24 statement required of the private provider shall be 25 substantially in the following form and shall be signed and 26 sealed by a private provider as established in subsection (1): 27 28 To the best of my knowledge and belief, the 29 building components and site improvements 30 outlined herein and inspected under my 31 authority have been completed in conformance 12 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 with the approved plans and the applicable 2 codes. 3 4 (13) If the local building official determines that 5 the building construction or plans do not comply with the 6 applicable codes, the official may deny the permit or request 7 for a certificate of occupancy or certificate of completion, 8 as appropriate, or may issue a stop-work order for the project 9 or any portion thereof as provided by law, if the official 10 determines that the such noncompliance poses an immediate a 11 threat to public safety and welfare, subject to the following: 12 (a) The local building official shall be available to 13 meet with the private provider within 2 business days to 14 resolve any dispute after issuing a stop-work order or 15 providing notice to the applicant denying a permit or request 16 for a certificate of occupancy or certificate of completion. 17 (b) If the local building official and private 18 provider are unable to resolve the dispute, the matter shall 19 be referred to the local enforcement agency's board of 20 appeals, if one exists, which shall consider the matter at its 21 next scheduled meeting or sooner. Any decisions by the local 22 enforcement agency's board of appeals, or local building 23 official if there is no board of appeals, may be appealed to 24 the commission as provided by this chapter. 25 (c) Notwithstanding any provision of this section, any 26 decisions regarding the issuance of a building permit, 27 certificate of occupancy, or certificate of completion may be 28 reviewed by the local enforcement agency's board of appeals, 29 if one exists. Any decision by the local enforcement agency's 30 board of appeals, or local building official if there is no 31 board of appeals, may be appealed to the commission as 13 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 provided by this chapter, which shall consider the matter at 2 the commission's next scheduled meeting. 3 (15)(a) A No local enforcement agency, local building 4 official, or local government may not adopt or enforce any 5 laws, rules, procedures, policies, qualifications, or 6 standards more stringent than those prescribed by this 7 section. 8 (b) A local enforcement agency, local building 9 official, or local government may establish, for private 10 providers and duly authorized representatives working within 11 that jurisdiction, a system of registration to verify 12 compliance with the licensure requirements of paragraph (1)(g) 13 and the insurance requirements of subsection (16). 14 (c) Nothing in This section does not limit limits the 15 authority of the local building official to issue a stop-work 16 order for a building project or any portion of the project 17 such order, as provided by law, if the official determines 18 that a condition on the building site constitutes an immediate 19 threat to public safety and welfare. 20 (18) Each local building code enforcement agency may 21 audit the performance of building code inspection services by 22 private providers operating within the local jurisdiction. 23 Work on a building or structure may proceed after inspection 24 and approval by a private provider if the provider has given 25 notice of the inspection pursuant to subsection (9) and, 26 subsequent to such inspection and approval, the work shall may 27 not be delayed for completion of an inspection audit by the 28 local building code enforcement agency. 29 Section 6. Section 553.841, Florida Statutes, is 30 amended to read: 31 553.841 Building code education, mitigation, and 14 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 outreach program.-- 2 (1) The Legislature finds that knowledge and 3 understanding by persons licensed in the design and 4 construction industries of the importance and need for 5 complying with the Florida Building Code is vital to the 6 public health, safety, and welfare of this state, especially 7 for mitigating damage caused by hurricanes to residents and 8 visitors to the state. The Legislature further finds that the 9 Florida Building Code can be effective only if all 10 participants in the design and construction industries 11 maintain a thorough knowledge of the code and additions 12 thereto which improve construction standards to protect 13 against storm and other damage. Consequently, the Legislature 14 finds that there is a need for a program to provide ongoing 15 education and outreach activities concerning compliance with 16 the Florida Building Code and hurricane mitigation the 17 effectiveness of the building codes of this state depends on 18 the performance of all participants, as demonstrated through 19 knowledge of the codes and commitment to compliance with code 20 directives, and that to strengthen compliance by industry and 21 enforcement by government, a building code education and 22 outreach program is needed. 23 (2) The Department of Community Affairs shall 24 administer a program, designated as the Florida Building Code 25 Compliance and Mitigation Program, to develop, coordinate, and 26 maintain education and outreach to persons required to comply 27 with the Florida Building Code and ensure consistent 28 education, training, and communication of the code's 29 requirements, including, but not limited to, methods for 30 mitigation of storm-related damage. The program shall also 31 operate a clearinghouse through which design, construction, 15 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 and building code enforcement licensees, suppliers, and 2 consumers in this state may find others in order to exchange 3 information relating to mitigation and facilitate repairs in 4 the aftermath of a natural disaster. There is created the 5 Building Code Education and Outreach Council to coordinate, 6 develop, and maintain education and outreach to ensure 7 administration and enforcement of the Florida Building Code. 8 (3) All services and materials under the program must 9 be provided by a private, nonprofit corporation under contract 10 with the department. The term of the contract shall be for 4 11 years, with the option of one 4-year renewal at the end of the 12 contract term. The initial contract must be in effect no later 13 than November 1, 2007. The private, nonprofit corporation must 14 be an organization whose membership includes trade and 15 professional organizations whose members consist primarily of 16 persons and entities that are required to comply with the 17 Florida Building Code and that are licensed under part XII of 18 chapter 468, chapter 471, chapter 481, or chapter 489. When 19 selecting the private, nonprofit corporation for the program, 20 the department must give primary consideration to the 21 corporation's demonstrated experience and the ability to: 22 (a) Develop and deliver building code-related 23 education, training, and outreach; 24 (b) Directly access the majority of persons licensed 25 in the occupations of design, construction, and building code 26 enforcement individually and through established statewide 27 trade and professional association networks; 28 (c) Serve as a clearinghouse to deliver education and 29 outreach throughout the state. The clearinghouse must serve as 30 a focal point at which persons licensed to design, construct, 31 and enforce building codes and suppliers and consumers can 16 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 find each other in order to exchange information relating to 2 mitigation and facilitate repairs in the aftermath of a 3 natural disaster; 4 (d) Accept input from the Florida Building Commission, 5 licensing regulatory boards, local building departments, and 6 the design and construction industries in order to improve its 7 education and outreach programs; and 8 (e) Promote design and construction techniques and 9 materials for mitigating hurricane damage at a Florida-based 10 trade conference that includes participants from the broadest 11 possible range of design and construction trades and 12 professions, including from those private and public-sector 13 entities having jurisdiction over building codes and design 14 and construction licensure. The Building Code Education and 15 Outreach Council shall be composed of the following members: 16 (a) Three representatives of the Florida Building 17 Commission, one of whom must be a member of a Florida-based 18 organization of persons with disabilities or a nationally 19 chartered organization of persons with disabilities having 20 chapters in this state, selected by the commission; 21 (b) One representative of the Florida Building Code 22 Administrators and Inspectors Board, selected by that board; 23 (c) One representative of the Construction Industry 24 Licensing Board, selected by that board; 25 (d) One representative of the Electrical Contractors' 26 Licensing Board, selected by that board; 27 (e) One representative of the Florida Board of 28 Professional Engineers, selected by that board; 29 (f) One architect representative of the Board of 30 Architecture and Interior Design, selected by that board; 31 (g) One interior designer representative of the Board 17 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 of Architecture and Interior Design, selected by that board; 2 (h) One representative of the Board of Landscape 3 Architecture, selected by that board; 4 (i) One representative from the office of the State 5 Fire Marshal, selected by that office; and 6 (j) One representative with experience and expertise 7 in K-12 public school construction. 8 9 Each member of the board shall be appointed to a 2-year term 10 and may be reappointed at the discretion of the appointing 11 body. A chair shall be elected by majority vote of the council 12 and shall serve a term of 1 year. 13 (4) The Building Code Education and Outreach Council 14 shall meet in Tallahassee no more than semiannually. The 15 council may meet more often but not more than monthly, and 16 such additional meetings shall be by telephone conference 17 call. Travel costs, if any, shall be borne by the respective 18 appointing entity. The Department of Community Affairs shall 19 provide administrative support to the council; however, the 20 department may contract with an entity that has previous 21 experience with building code training, development, and 22 coordination to provide administrative support for the 23 council. 24 (5) The Building Code Education and Outreach Council 25 shall: 26 (a) Consider and determine any policies or procedures 27 needed to administer ss. 489.109(3) and 489.509(3). 28 (b) Administer the provisions of this section. 29 (c) Determine the areas of priority for which funds 30 should be expended for education and outreach. 31 (d) Review all proposed subjects for advanced courses 18 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 concerning the Florida Building Code and recommend to the 2 commission any related subjects that should be approved for 3 advanced courses. 4 (4)(6) The Building Code Education and Outreach 5 Program Council shall maintain, update, develop, or cause to 6 be developed: 7 (a) A core curriculum that is prerequisite to the 8 advanced module coursework. 9 (b) Advanced modules designed for use by each 10 profession. 11 (c) The core curriculum developed under this 12 subsection must be approved by the commission and submitted to 13 the Department of Business and Professional Regulation for 14 approval. Advanced modules developed under this paragraph must 15 be approved by the commission and submitted to the respective 16 boards for approval. 17 (5)(7) The core curriculum shall cover the information 18 required to have all categories of participants appropriately 19 informed as to their technical and administrative 20 responsibilities in the effective execution of the code 21 process by all individuals currently licensed under part XII 22 of chapter 468, chapter 471, chapter 481, or chapter 489, 23 except as otherwise provided in s. 471.017. The core 24 curriculum shall be prerequisite to the advanced module 25 coursework for all licensees and shall be completed by 26 individuals licensed in all categories under part XII of 27 chapter 468, chapter 471, chapter 481, or chapter 489 within 28 the first 2-year period after initial licensure. Core course 29 hours taken by licensees to complete this requirement shall 30 count toward fulfillment of required continuing education 31 units under part XII of chapter 468, chapter 471, chapter 481, 19 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 or chapter 489. 2 (6)(8) Each biennium, upon receipt of funds by the 3 Department of Community Affairs from the Construction Industry 4 Licensing Board and the Electrical Contractors' Licensing 5 Board provided under ss. 489.109(3) and 489.509(3), the 6 department council shall determine the amount of funds 7 available for the Florida Building Code Compliance and 8 Mitigation Program education and outreach projects from the 9 proceeds of contractor licensing fees and identify, solicit, 10 and accept funds from other sources for education and outreach 11 projects. 12 (7)(9) If the funds collected for education and 13 outreach projects provided through the Florida Building Code 14 Compliance and Mitigation Program in any state fiscal year do 15 not require the use of all available funds, the unused funds 16 shall be carried forward and allocated for use during the 17 following fiscal year. 18 (8) The Florida Building Commission shall provide by 19 rule for the accreditation of courses related to the Florida 20 Building Code by accreditors approved by the commission. The 21 commission shall establish qualifications of accreditors and 22 criteria for the accreditation of courses by rule. The 23 commission may revoke the accreditation of a course by an 24 accreditor if the accreditation is demonstrated to violate 25 this part or the rules of the commission. 26 (9) This section does not prohibit or limit the 27 subject areas or development of continuing education or 28 training on the Florida Building Code by any qualified entity. 29 (10) The commission shall consider and approve or 30 reject the recommendations made by the council for subjects 31 for education and outreach concerning the Florida Building 20 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 Code. Any rejection must be made with specificity and must be 2 communicated to the council. 3 (11) The commission shall adopt rules for establishing 4 procedures and criteria for the approval of advanced courses. 5 This section does not modify or eliminate the continuing 6 education course requirements or authority of any licensing 7 board under part XII of chapter 468, chapter 471, chapter 481, 8 or chapter 489. 9 Section 7. Paragraph (a) of subsection (5) and 10 subsection (7) of section 553.842, Florida Statutes, are 11 amended, and subsection (16) is added to that section to read: 12 553.842 Product evaluation and approval.-- 13 (5) Statewide approval of products, methods, or 14 systems of construction may be achieved by one of the 15 following methods. One of these methods must be used by the 16 commission to approve the following categories of products: 17 panel walls, exterior doors, roofing, skylights, windows, 18 shutters, and structural components as established by the 19 commission by rule. 20 (a) Products for which the code establishes 21 standardized testing or comparative or rational analysis 22 methods shall be approved by submittal and validation of one 23 of the following reports or listings indicating that the 24 product or method or system of construction was evaluated to 25 be in compliance with the Florida Building Code and that the 26 product or method or system of construction is, for the 27 purpose intended, at least equivalent to that required by the 28 Florida Building Code: 29 1. A certification mark or listing of an approved 30 certification agency, which may be used only for products for 31 which the code designates standardized testing; 21 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 2. A test report from an approved testing laboratory; 2 3. A product evaluation report based upon testing or 3 comparative or rational analysis, or a combination thereof, 4 from an approved product evaluation entity; or 5 4. A product evaluation report based upon testing or 6 comparative or rational analysis, or a combination thereof, 7 developed and signed and sealed by a professional engineer or 8 architect, licensed in this state. 9 10 A product evaluation report or a certification mark or listing 11 of an approved certification agency which demonstrates that 12 the product or method or system of construction complies with 13 the Florida Building Code for the purpose intended shall be 14 equivalent to a test report and test procedure as referenced 15 in the Florida Building Code. 16 (7) For state approvals, validation shall be performed 17 by validation entities approved by the commission. The 18 commission shall adopt by rule criteria for approval of 19 validation entities, which shall be third-party entities 20 independent of the product's manufacturer and which shall 21 certify to the commission the product's compliance with the 22 code. The commission may adopt by rule a schedule of penalties 23 to be imposed against approved validation entities that 24 validate product applications in violation of this section or 25 rules adopted under this section. 26 (16) The commission may adopt a rule that identifies 27 standards that are equivalent to or more stringent than those 28 specifically adopted by the code, thereby allowing the use in 29 this state of the products that comply with the equivalent 30 standard. 31 Section 8. The Florida Building Commission shall 22 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 review modifications 2151, 2152, 2153 and 2492, reviewed by 2 the commission's technical advisory committee. The commission 3 shall take public comment on these modifications, including 4 the need for the modifications, how the modifications will 5 affect the health, safety, and welfare of the residents of 6 this state, and the continuing need for any Florida-specific 7 requirement of the code which the modifications seek to 8 repeal. Notwithstanding s. 553.73, Florida Statutes, the 9 commission may adopt or modify the modifications in response 10 to the public comments subject only to the rule-adoption 11 procedures of chapter 120, Florida Statutes, for inclusion in 12 the next edition of the Florida Building Code. 13 Section 9. Evaluation of hurricane loss relativities 14 and resulting premium discounts; study required.-- 15 (1) Contingent upon appropriations from the 16 Legislature, the Florida Building Commission shall conduct a 17 study updating the evaluation of loss relativities and 18 resulting reasonable discounts, credits, and other rate 19 differentials or appropriate reductions in deductibles for 20 properties on which fixtures or construction techniques 21 demonstrated to reduce the amount of loss in a windstorm have 22 been installed or implemented. The fixtures or construction 23 techniques must include, but are not limited to, those 24 activities that enhance roof strength, roof-covering 25 performance, roof-to-wall strength, 26 wall-to-floor-to-foundation strength, opening protection, and 27 window, door, or skylight strength. 28 (2) The commission shall prepare a report on the 29 results of the study and deliver it to the Governor, the Chief 30 Financial Officer, the Commissioner of Insurance Regulation, 31 the President of the Senate, and the Speaker of the House of 23 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 Representatives no later than March 1, 2008. Upon the request 2 of the commission, the Office of Insurance Regulation shall 3 assist the commission with developing the scope and 4 methodology used to perform the study. 5 Section 10. The Florida Building Commission shall, in 6 consultation with the Florida Energy Commission, the Building 7 Officials Association of Florida, the Florida Energy Office, 8 the Florida Home Builders Association, the Florida Association 9 of Counties, the Florida League of Cities, and other 10 stakeholders, review the Florida Energy Code for new building 11 construction. Specifically, the commission must evaluate the 12 analysis of the cost-effectiveness that serves as the basis 13 for energy-efficiency levels for residential buildings, 14 identify cost-effective means to improve energy efficiency in 15 commercial buildings, and compare the findings to the 16 International Energy Conservation Code and the American 17 Society of Heating, Air Conditioning, and Refrigeration 18 Engineers Standards 90.1 and 90.2. The commission must 19 complete and present a report to the Legislature no later than 20 March 1, 2008. The report must include a new energy-efficiency 21 standard that may be adopted for the construction of all new 22 residential, commercial, and government buildings. 23 Section 11. The sum of $750,000 in nonrecurring funds 24 is appropriated from the General Revenue Fund to the 25 Department of Community Affairs for the 2007-2008 fiscal year 26 for the purpose of implementing the study required by this 27 act. 28 Section 12. This act shall take effect upon becoming a 29 law. 30 31 24 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to the Florida Building 8 Commission; requiring the commission to review 9 the requirements in the National Electrical 10 Code which relate to bonding and grounding 11 systems for swimming pools; authorizing the 12 commission to adopt a rule for bonding and 13 grounding which is an alterative to that of the 14 National Electrical Code; providing legislative 15 intent relating to retrofitting buildings to 16 prevent hurricane and storm damage; directing 17 the commission to consider the costs and 18 benefits of any mitigation techniques before 19 adoption of a rule; requiring the commission to 20 develop and adopt within the Florida Building 21 Code appropriate mitigation techniques to use 22 to retrofit buildings constructed before the 23 code was implemented; amending s. 553.73, F.S.; 24 authorizing the commission to approve certain 25 amendments to the code; amending s. 553.775, 26 F.S.; providing that, upon written application 27 by substantially affected persons, the Florida 28 Building Commission must issue, or cause to be 29 issued, a formal interpretation of the code; 30 amending s. 553.791, F.S.; defining terms; 31 requiring that certain forms be signed at the 25 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 completion of a required inspection; requiring 2 that a deficiency notice be posted at the job 3 site whenever an element is found to be not in 4 conformance with the building code or the 5 permitting documents; providing for corrective 6 actions; prohibiting the charging of certain 7 fees; amending s. 553.841, F.S.; providing 8 legislative intent regarding education and 9 outreach for understanding the Florida Building 10 Code; requiring the Department of Community 11 Affairs to administer an education and outreach 12 program; requiring that the education and 13 outreach program be provided by a private, 14 nonprofit corporation under contract with the 15 department; requiring the department to 16 consider certain criteria when selecting the 17 corporation; requiring the commission to 18 provide certain courses to accredit persons 19 subject to the building code; authorizing the 20 commission to adopt rules; amending s. 553.842, 21 F.S.; providing for certification of products; 22 authorizing the commission to impose penalties 23 for violation of the product validation 24 process; requiring the commission to review 25 certain modifications recommended by the 26 commission's technical advisory committee; 27 authorizing the commission to adopt or modify 28 the modifications in response to public 29 comments; contingent upon appropriations, 30 directing the commission to conduct a study to 31 evaluate certain specified activities related 26 12:39 PM 04/11/07 s2836d-ca38-r2e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2836 Barcode 093448 1 to mitigation of property loss; requiring the 2 commission to deliver a report to the Governor 3 and others by a specified date; providing for 4 the content of the report; directing the 5 commission to work with others to review the 6 Florida Energy Code and to compare that code to 7 other energy efficiency codes; requiring the 8 commission to deliver a report to the 9 Legislature by a specified date; providing an 10 appropriation; providing an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 27 12:39 PM 04/11/07 s2836d-ca38-r2e