Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2836
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CHAMBER ACTION
Senate House
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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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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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,
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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
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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;
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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
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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
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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.
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31
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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
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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
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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.
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