Amendment
Bill No. 2836

Amendment No. 218733

CHAMBER ACTION
Senate		House
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1	Representative(s) Cretul offered the following:
2
3	Amendment (with title amendment)
4	On page 4, line 20, through page 34, line 5,
5	remove all of said lines.
6	and insert:
7	Section 2.  (1)  Before eliminating gravel or stone roofing
8	systems in the Florida Building Code, the Florida Building
9	Commission shall determine and document:
10	(a)  Whether there is a scientific basis or reason for
11	eliminating this option;
12	(b)  Whether there is an available alternative that is
13	equivalent in cost and durability;
14	(c)  Whether eliminating this option will unnecessarily
15	restrict or eliminate business or consumer choice in roofing
16	systems; and
17	(d)  In consultation with the Fish and Wildlife
18	Conservation Commission, whether eliminating this option will
19	negatively affect the nesting habitat of any species of nesting
20	bird.
21	(2)  Notwithstanding s. 553.73, Florida Statutes, the
22	Florida Building Commission may adopt provisions to preserve the
23	use of gravel roof systems in future editions of the Florida
24	Building Code, if necessary to address the determination of the
25	issues addressed in this section.
26	Section 3.  Paragraph (d) of subsection (7) of section
27	468.609, Florida Statutes, is amended to read:
28	468.609  Administration of this part; standards for
29	certification; additional categories of certification.--
30	(7)
31	(d)  A newly employed or hired person may perform the
32	duties of a plans examiner or building code inspector for 120 90
33	days if a provisional certificate application has been submitted
34	if, provided such person is under the direct supervision of a
35	certified building code administrator who holds a standard
36	certification and who has found such person qualified for a
37	provisional certificate. However, Direct supervision and the
38	determination of qualifications under this paragraph may also be
39	provided by a building code administrator who holds a limited or
40	provisional certificate in a any county having with a population
41	of fewer less than 75,000 and in a any municipality located
42	within such a county.
43	Section 4.  Subsection (7) of section 553.73, Florida
44	Statutes, as amended by section 7 of chapter 2007-1, Laws of
45	Florida, is amended to read:
46	553.73  Florida Building Code.--
47	(7)  Upon the conclusion of a triennial update to the
48	Florida Building Code, Notwithstanding the provisions of
49	subsection (3) or subsection (6), the commission may address
50	issues identified in this subsection by amending the code
51	pursuant only to the rule adoption procedures contained in
52	chapter 120. Provisions of the Florida Building Code, including
53	those contained in referenced standards and criteria, relating
54	to wind resistance or the prevention of water intrusion may not
55	be amended pursuant to this subsection to diminish those
56	construction requirements; however, the commission may, subject
57	to conditions in this subsection, amend the provisions to
58	enhance those construction requirements. Following the approval
59	of any amendments to the Florida Building Code by the commission
60	and publication of the amendments on the commission's website,
61	authorities having jurisdiction to enforce the Florida Building
62	Code may enforce the amendments. The commission may approve
63	amendments that are needed to address:
64	(a)  Conflicts within the updated code;
65	(b)  Conflicts between the updated code and the Florida
66	Fire Prevention Code adopted pursuant to chapter 633;
67	(c)  The omission of previously adopted Florida-specific
68	amendments to the updated code if such omission is not supported
69	by a specific recommendation of a technical advisory committee
70	or particular action by the commission; or
71	(d)  Unintended results from the integration of previously
72	adopted Florida-specific amendments with the model code; or.
73	(e)  Changes to federal or state law.
74	Section 5.  Present paragraphs (d) through (g) of
75	subsection (3) of section 553.775, Florida Statutes, are
76	redesignated as paragraphs (e) through (h), respectively, and a
77	new paragraph (d) is added to that subsection, to read:
78	553.775  Interpretations.--
79	(3)  The following procedures may be invoked regarding
80	interpretations of the Florida Building Code:
81	(d)  Upon written application by any substantially affected
82	person, contractor, or designer, or a group representing a
83	substantially affected person, contractor, or designer, the
84	commission shall issue or cause to be issued a formal
85	interpretation of the Florida Building Code as prescribed by
86	paragraph (c).
87	Section 6.  Subsections (1), (2), (4), (8), (9), (10),
88	(11), (13), (15), and (18) of section 553.791, Florida Statutes,
89	are amended to read:
90	553.791  Alternative plans review and inspection.--
91	(1)  As used in this section, the term:
92	(a)  "Applicable codes" means the Florida Building Code and
93	any local technical amendments to the Florida Building Code but
94	does not include the applicable minimum fire prevention and
95	firesafety codes adopted pursuant to chapter 633.
96	(b)  "Audit" means the process to confirm that the building
97	code inspection services have been performed by the private
98	provider, including ensuring that the required affidavit for the
99	plan review has been properly completed and affixed to the
100	permit documents and that the minimum mandatory inspections
101	required under the building code have been performed and
102	properly recorded. The term does not mean that the local
103	building official is required to replicate the plan review or
104	inspection being performed by the private provider.
105	(c)(b)  "Building" means any construction, erection,
106	alteration, demolition, or improvement of, or addition to, any
107	structure for which permitting by a local enforcement agency is
108	required.
109	(d)(c)  "Building code inspection services" means those
110	services described in s. 468.603(6) and (7) involving the review
111	of building plans to determine compliance with applicable codes
112	and those inspections required by law of each phase of
113	construction for which permitting by a local enforcement agency
114	is required to determine compliance with applicable codes.
115	(e)(d)  "Duly authorized representative" means an agent of
116	the private provider identified in the permit application who
117	reviews plans or performs inspections as provided by this
118	section and who is licensed as an engineer under chapter 471 or
119	as an architect under chapter 481 or who holds a standard
120	certificate under part XII of chapter 468.
121	(f)  "Immediate threat to public safety and welfare" means
122	a building code violation that, if allowed to persist,
123	constitutes an immediate hazard that could result in death,
124	serious bodily injury, or significant property damage. This
125	paragraph does not limit the authority of the local building
126	official to issue a Notice of Corrective Action at any time
127	during the construction of a building project or any portion of
128	such project if the official determines that a condition of the
129	building or portion thereof may constitute a hazard when the
130	building is put into use following completion as long as the
131	condition cited is shown to be in violation of the building code
132	or approved plans.
133	(g)(e)  "Local building official" means the individual
134	within the governing jurisdiction responsible for direct
135	regulatory administration or supervision of plans review,
136	enforcement, and inspection of any construction, erection,
137	alteration, demolition, or substantial improvement of, or
138	addition to, any structure for which permitting is required to
139	indicate compliance with applicable codes and includes any duly
140	authorized designee of such person.
141	(h)(f)  "Permit application" means a properly completed and
142	submitted application for the requested building or construction
143	permit, including:
144	1.  The plans reviewed by the private provider.
145	2.  The affidavit from the private provider required under
146	pursuant to subsection (6).
147	3.  Any applicable fees.
148	4.  Any documents required by the local building official
149	to determine that the fee owner has secured all other government
150	approvals required by law.
151	(i)(g)  "Private provider" means a person licensed as an
152	engineer under chapter 471 or as an architect under chapter 481.
153	For purposes of performing inspections under this section for
154	additions and alterations that are limited to 1,000 square feet
155	or less to residential buildings, the term "private provider"
156	also includes a person who holds a standard certificate under
157	part XII of chapter 468.
158	(j)(h)  "Request for certificate of occupancy or
159	certificate of completion" means a properly completed and
160	executed application for:
161	1.  A certificate of occupancy or certificate of
162	completion.
163	2.  A certificate of compliance from the private provider
164	required under pursuant to subsection (11).
165	3.  Any applicable fees.
166	4.  Any documents required by the local building official
167	to determine that the fee owner has secured all other government
168	approvals required by law.
169	(k)  "Stop-work order" means the issuance of any written
170	statement, written directive, or written order which states the
171	reason for the order and the conditions under which the cited
172	work will be permitted to resume.
173	(2)  Notwithstanding any other provision of law or local
174	government ordinance or local policy, the fee owner of a
175	building or structure, or the fee owner's contractor upon
176	written authorization from the fee owner, may choose to use a
177	private provider to provide building code inspection services
178	with regard to such building or structure and may make payment
179	directly to the private provider for the provision of such
180	services. All such services shall be the subject of a written
181	contract between the private provider, or the private provider's
182	firm, and the fee owner or the fee owner's contractor, upon
183	written authorization of the fee owner. The fee owner may elect
184	to use a private provider to provide plans review or required
185	building inspections, or both. However, if the fee owner or the
186	fee owner's contractor uses a private provider to provide plans
187	review, the local building official, in his or her discretion
188	and pursuant to duly adopted policies of the local enforcement
189	agency, may require the fee owner or the fee owner's contractor
190	to use a private provider to also provide required building
191	inspections.
192	(4)  A fee owner or the fee owner's contractor using a
193	private provider to provide building code inspection services
194	shall notify the local building official at the time of permit
195	application, or no less than 7 business days prior to the first
196	scheduled inspection by the local building official or building
197	code enforcement agency for a private provider performing
198	required inspections of construction under this section, on a
199	form to be adopted by the commission. This notice shall include
200	the following information:
201	(a)  The services to be performed by the private provider.
202	(b)  The name, firm, address, telephone number, and
203	facsimile number of each private provider who is performing or
204	will perform such services, his or her professional license or
205	certification number, qualification statements or resumes, and,
206	if required by the local building official, a certificate of
207	insurance demonstrating that professional liability insurance
208	coverage is in place for the private provider's firm, the
209	private provider, and any duly authorized representative in the
210	amounts required by this section.
211	(c)  An acknowledgment from the fee owner in substantially
212	the following form:
213	I have elected to use one or more private providers to provide
214	building code plans review and/or inspection services on the
215	building or structure that is the subject of the enclosed permit
216	application, as authorized by s. 553.791, Florida Statutes. I
217	understand that the local building official may not review the
218	plans submitted or perform the required building inspections to
219	determine compliance with the applicable codes, except to the
220	extent specified in said law. Instead, plans review and/or
221	required building inspections will be performed by licensed or
222	certified personnel identified in the application. The law
223	requires minimum insurance requirements for such personnel, but
224	I understand that I may require more insurance to protect my
225	interests. By executing this form, I acknowledge that I have
226	made inquiry regarding the competence of the licensed or
227	certified personnel and the level of their insurance and am
228	satisfied that my interests are adequately protected. I agree to
229	indemnify, defend, and hold harmless the local government, the
230	local building official, and their building code enforcement
231	personnel from any and all claims arising from my use of these
232	licensed or certified personnel to perform building code
233	inspection services with respect to the building or structure
234	that is the subject of the enclosed permit application.
235
236	If the fee owner or the fee owner's contractor makes any changes
237	to the listed private providers or the services to be provided
238	by those private providers, the fee owner or the fee owner's
239	contractor shall, within 1 business day after any change, update
240	the notice to reflect such changes. A change of a duly
241	authorized representative named in the permit application does
242	not require a revision of the permit, and the building code
243	enforcement agency shall not charge a fee for making the change.
244	In addition, the fee owner or the fee owner's contractor shall
245	post at the project site, prior to the commencement of
246	construction and updated within 1 business day after any change,
247	on a form to be adopted by the commission, the name, firm,
248	address, telephone number, and facsimile number of each private
249	provider who is performing or will perform building code
250	inspection services, the type of service being performed, and
251	similar information for the primary contact of the private
252	provider on the project.
253	(8)  A private provider performing required inspections
254	under this section shall inspect each phase of construction as
255	required by the applicable codes. The private provider shall be
256	permitted to send a duly authorized representative to the
257	building site to perform the required inspections, provided all
258	required reports and certifications are prepared by and bear the
259	signature of the private provider or the private provider's duly
260	authorized representative. The duly authorized representative
261	must be an employee of the private provider entitled to receive
262	unemployment compensation benefits under chapter 443. The
263	contractor's contractual or legal obligations are not relieved
264	by any action of the private provider.
265	(9)  A private provider performing required inspections
266	under this section shall provide notice to the local building
267	official of the date and approximate time of any such inspection
268	no later than the prior business day by 2 p.m. local time or by
269	any later time permitted by the local building official in that
270	jurisdiction.  The local building official may visit the
271	building site as often as necessary to verify that the private
272	provider is performing all required inspections. A deficiency
273	notice must be posted at the job site by the private provider,
274	the duly authorized representative of the private provider, or
275	the building department whenever a noncomplying item related to
276	the building code or the permitted documents is found. After
277	corrections are made, the item must be reinspected by the
278	private provider or representative before being concealed.
279	Reinspection or reaudit fees shall not be charged by the local
280	jurisdiction as a result of the local jurisdiction's audit
281	inspection occurring before the performance of the private
282	provider's inspection or for any other administrative matter not
283	involving the detection of a violation of the building code or a
284	permit requirement.
285	(10)  Upon completing the required inspections at each
286	applicable phase of construction, the private provider shall
287	record such inspections on a form acceptable to the local
288	building official. The form must be signed by the provider or
289	the provider's duly authorized representative. These inspection
290	records shall reflect those inspections required by the
291	applicable codes of each phase of construction for which
292	permitting by a local enforcement agency is required. The
293	private provider, before leaving the project site, shall post
294	each completed inspection record, indicating pass or fail, at
295	the site and provide the record to the local building official
296	within 2 business days. The local building official may waive
297	the requirement to provide a record of each inspection within 2
298	business days if the record is posted at the project site and
299	all such inspection records are submitted with the certificate
300	of compliance. Records of all required and completed inspections
301	shall be maintained at the building site at all times and made
302	available for review by the local building official. The private
303	provider shall report to the local enforcement agency any
304	condition that poses an immediate threat to public safety and
305	welfare.
306	(11)  Upon completion of all required inspections, the
307	private provider shall prepare a certificate of compliance, on a
308	form acceptable to the local building official, summarizing the
309	inspections performed and including a written representation,
310	under oath, that the stated inspections have been performed and
311	that, to the best of the private provider's knowledge and
312	belief, the building construction inspected complies with the
313	approved plans and applicable codes.  The statement required of
314	the private provider shall be substantially in the following
315	form and shall be signed and sealed by a private provider as
316	established in subsection (1):
317	To the best of my knowledge and belief, the building components
318	and site improvements outlined herein and inspected under my
319	authority have been completed in conformance with the approved
320	plans and the applicable codes.
321	(13)  If the local building official determines that the
322	building construction or plans do not comply with the applicable
323	codes, the official may deny the permit or request for a
324	certificate of occupancy or certificate of completion, as
325	appropriate, or may issue a stop-work order for the project or
326	any portion thereof as provided by law, if the official
327	determines that the such noncompliance poses an immediate a
328	threat to public safety and welfare, subject to the following:
329	(a)  The local building official shall be available to meet
330	with the private provider within 2 business days to resolve any
331	dispute after issuing a stop-work order or providing notice to
332	the applicant denying a permit or request for a certificate of
333	occupancy or certificate of completion.
334	(b)  If the local building official and private provider
335	are unable to resolve the dispute, the matter shall be referred
336	to the local enforcement agency's board of appeals, if one
337	exists, which shall consider the matter at its next scheduled
338	meeting or sooner. Any decisions by the local enforcement
339	agency's board of appeals, or local building official if there
340	is no board of appeals, may be appealed to the commission as
341	provided by this chapter.
342	(c)  Notwithstanding any provision of this section, any
343	decisions regarding the issuance of a building permit,
344	certificate of occupancy, or certificate of completion may be
345	reviewed by the local enforcement agency's board of appeals, if
346	one exists. Any decision by the local enforcement agency's board
347	of appeals, or local building official if there is no board of
348	appeals, may be appealed to the commission as provided by this
349	chapter, which shall consider the matter at the commission's
350	next scheduled meeting.
351	(15)(a)  A No local enforcement agency, local building
352	official, or local government may not adopt or enforce any laws,
353	rules, procedures, policies, qualifications, or standards more
354	stringent than those prescribed by this section.
355	(b)  A local enforcement agency, local building official,
356	or local government may establish, for private providers and
357	duly authorized representatives working within that
358	jurisdiction, a system of registration to verify compliance with
359	the licensure requirements of paragraph (1)(g) and the insurance
360	requirements of subsection (16).
361	(c)  Nothing in This section does not limit limits the
362	authority of the local building official to issue a stop-work
363	order for a building project or any portion of the project such
364	order, as provided by law, if the official determines that a
365	condition on the building site constitutes an immediate threat
366	to public safety and welfare.
367	(18)  Each local building code enforcement agency may audit
368	the performance of building code inspection services by private
369	providers operating within the local jurisdiction. Work on a
370	building or structure may proceed after inspection and approval
371	by a private provider if the provider has given notice of the
372	inspection pursuant to subsection (9) and, subsequent to such
373	inspection and approval, the work shall may not be delayed for
374	completion of an inspection audit by the local building code
375	enforcement agency.
376	Section 7.  Section 553.841, Florida Statutes, is amended
377	to read:
378	553.841  Building code compliance and mitigation program
379	education and outreach program.--
380	(1)  The Legislature finds that knowledge and understanding
381	by persons licensed in the design and construction industries of
382	the importance and need for complying with the Florida Building
383	Code is vital to the public health, safety, and welfare of this
384	state, especially for mitigating damage caused by hurricanes to
385	residents and visitors to the state. The Legislature further
386	finds that the Florida Building Code can be effective only if
387	all participants in the design and construction industries
388	maintain a thorough knowledge of the code and additions thereto
389	which improve construction standards to protect against storm
390	and other damage. Consequently, the Legislature finds that there
391	is a need for a program to provide ongoing education and
392	outreach activities concerning compliance with the Florida
393	Building Code and hurricane mitigation the effectiveness of the
394	building codes of this state depends on the performance of all
395	participants, as demonstrated through knowledge of the codes and
396	commitment to compliance with code directives, and that to
397	strengthen compliance by industry and enforcement by government,
398	a building code education and outreach program is needed.
399	(2)  The Department of Community Affairs shall administer a
400	program, designated as the Florida Building Code Compliance and
401	Mitigation Program, to develop, coordinate, and maintain
402	education and outreach to persons required to comply with the
403	Florida Building Code and ensure consistent education, training,
404	and communication of the code's requirements, including, but not
405	limited to, methods for mitigation of storm-related damage. The
406	program shall also operate a clearinghouse through which design,
407	construction, and building code enforcement licensees,
408	suppliers, and consumers in this state may find others in order
409	to exchange information relating to mitigation and facilitate
410	repairs in the aftermath of a natural disaster. There is created
411	the Building Code Education and Outreach Council to coordinate,
412	develop, and maintain education and outreach to ensure
413	administration and enforcement of the Florida Building Code.
414	(3)  All services and materials under the Florida Building
415	Code Compliance and Mitigation Program must be provided by a
416	private, nonprofit corporation under contract with the
417	department. The term of the contract shall be for 4 years, with
418	the option of one 4-year renewal at the end of the contract
419	term. The initial contract must be in effect no later than
420	November 1, 2007. The private, nonprofit corporation must be an
421	organization whose membership includes trade and professional
422	organizations whose members consist primarily of persons and
423	entities that are required to comply with the Florida Building
424	Code and that are licensed under part XII of chapter 468,
425	chapter 471, chapter 481, or chapter 489. When selecting the
426	private, nonprofit corporation for the program, the department
427	must give primary consideration to the corporation's
428	demonstrated experience and the ability to:
429	(a)  Develop and deliver building code-related education,
430	training, and outreach;
431	(b)  Directly access the majority of persons licensed in
432	the occupations of design, construction, and building code
433	enforcement individually and through established statewide trade
434	and professional association networks;
435	(c)  Serve as a clearinghouse to deliver education and
436	outreach throughout the state. The clearinghouse must serve as a
437	focal point at which persons licensed to design, construct, and
438	enforce building codes and suppliers and consumers can find each
439	other in order to exchange information relating to mitigation
440	and facilitate repairs in the aftermath of a natural disaster;
441	(d)  Accept input from the Florida Building Commission,
442	licensing regulatory boards, local building departments, and the
443	design and construction industries in order to improve its
444	education and outreach programs; and
445	(e)  Promote design and construction techniques and
446	materials for mitigating hurricane damage at a Florida-based
447	trade conference that includes participants from the broadest
448	possible range of design and construction trades and
449	professions, including from those private and public-sector
450	entities having jurisdiction over building codes and design and
451	construction licensure. The Building Code Education and Outreach
452	Council shall be composed of the following members:
453	(a)  Three representatives of the Florida Building
454	Commission, one of whom must be a member of a Florida-based
455	organization of persons with disabilities or a nationally
456	chartered organization of persons with disabilities having
457	chapters in this state, selected by the commission;
458	(b)  One representative of the Florida Building Code
459	Administrators and Inspectors Board, selected by that board;
460	(c)  One representative of the Construction Industry
461	Licensing Board, selected by that board;
462	(d)  One representative of the Electrical Contractors'
463	Licensing Board, selected by that board;
464	(e)  One representative of the Florida Board of
465	Professional Engineers, selected by that board;
466	(f)  One architect representative of the Board of
467	Architecture and Interior Design, selected by that board;
468	(g)  One interior designer representative of the Board of
469	Architecture and Interior Design, selected by that board;
470	(h)  One representative of the Board of Landscape
471	Architecture, selected by that board;
472	(i)  One representative from the office of the State Fire
473	Marshal, selected by that office; and
474	(j)  One representative with experience and expertise in K-
475	12 public school construction.
476
477	Each member of the board shall be appointed to a 2-year term and
478	may be reappointed at the discretion of the appointing body. A
479	chair shall be elected by majority vote of the council and shall
480	serve a term of 1 year.
481	(4)  The Building Code Education and Outreach Council shall
482	meet in Tallahassee no more than semiannually. The council may
483	meet more often but not more than monthly, and such additional
484	meetings shall be by telephone conference call. Travel costs, if
485	any, shall be borne by the respective appointing entity. The
486	Department of Community Affairs shall provide administrative
487	support to the council; however, the department may contract
488	with an entity that has previous experience with building code
489	training, development, and coordination to provide
490	administrative support for the council.
491	(5)  The Building Code Education and Outreach Council
492	shall:
493	(a)  Consider and determine any policies or procedures
494	needed to administer ss. 489.109(3) and 489.509(3).
495	(b)  Administer the provisions of this section.
496	(c)  Determine the areas of priority for which funds should
497	be expended for education and outreach.
498	(d)  Review all proposed subjects for advanced courses
499	concerning the Florida Building Code and recommend to the
500	commission any related subjects that should be approved for
501	advanced courses.
502	(4)(6)  The department, in administering the Florida
503	Building Code Compliance and Mitigation Program, Building Code
504	Education and Outreach Council shall maintain, update, develop,
505	or cause to be developed:
506	(a)  A core curriculum that is prerequisite to the advanced
507	module coursework.
508	(b)  Advanced modules designed for use by each profession.
509	(c)  The core curriculum developed under this subsection
510	must be approved by the commission and submitted to the
511	Department of Business and Professional Regulation for approval.
512	Advanced modules developed under this paragraph must be approved
513	by the commission and submitted to the respective boards for
514	approval.
515	(5)(7)  The core curriculum shall cover the information
516	required to have all categories of participants appropriately
517	informed as to their technical and administrative
518	responsibilities in the effective execution of the code process
519	by all individuals currently licensed under part XII of chapter
520	468, chapter 471, chapter 481, or chapter 489, except as
521	otherwise provided in s. 471.017. The core curriculum shall be
522	prerequisite to the advanced module coursework for all licensees
523	and shall be completed by individuals licensed in all categories
524	under part XII of chapter 468, chapter 471, chapter 481, or
525	chapter 489 within the first 2-year period after initial
526	licensure. Core course hours taken by licensees to complete this
527	requirement shall count toward fulfillment of required
528	continuing education units under part XII of chapter 468,
529	chapter 471, chapter 481, or chapter 489.
530	(6)(8)  Each biennium, upon receipt of funds by the
531	Department of Community Affairs from the Construction Industry
532	Licensing Board and the Electrical Contractors' Licensing Board
533	provided under ss. 489.109(3) and 489.509(3), the department
534	council shall determine the amount of funds available for the
535	Florida Building Code Compliance and Mitigation Program
536	education and outreach projects from the proceeds of contractor
537	licensing fees and identify, solicit, and accept funds from
538	other sources for education and outreach projects.
539	(7)(9)  If the funds collected for education and outreach
540	projects provided through the Florida Building Code Compliance
541	and Mitigation Program in any state fiscal year do not require
542	the use of all available funds, the unused funds shall be
543	carried forward and allocated for use during the following
544	fiscal year.
545	(8)  The Florida Building Commission shall provide by rule
546	for the accreditation of courses related to the Florida Building
547	Code by accreditors approved by the commission. The commission
548	shall establish qualifications of accreditors and criteria for
549	the accreditation of courses by rule. The commission may revoke
550	the accreditation of a course by an accreditor if the
551	accreditation is demonstrated to violate this part or the rules
552	of the commission.
553	(9)  This section does not prohibit or limit the subject
554	areas or development of continuing education or training on the
555	Florida Building Code by any qualified entity.
556	(10)  The commission shall consider and approve or reject
557	the recommendations made by the council for subjects for
558	education and outreach concerning the Florida Building Code. Any
559	rejection must be made with specificity and must be communicated
560	to the council.
561	(11)  The commission shall adopt rules for establishing
562	procedures and criteria for the approval of advanced courses.
563	This section does not modify or eliminate the continuing
564	education course requirements or authority of any licensing
565	board under part XII of chapter 468, chapter 471, chapter 481,
566	or chapter 489.
567	Section 8.  Paragraph (a) of subsection (5) and subsection
568	(7) of section 553.842, Florida Statutes, are amended, and
569	subsection (16) is added to that section to read:
570	553.842  Product evaluation and approval.--
571	(5)  Statewide approval of products, methods, or systems of
572	construction may be achieved by one of the following methods.
573	One of these methods must be used by the commission to approve
574	the following categories of products: panel walls, exterior
575	doors, roofing, skylights, windows, shutters, and structural
576	components as established by the commission by rule.
577	(a)  Products for which the code establishes standardized
578	testing or comparative or rational analysis methods shall be
579	approved by submittal and validation of one of the following
580	reports or listings indicating that the product or method or
581	system of construction was evaluated to be in compliance with
582	the Florida Building Code and that the product or method or
583	system of construction is, for the purpose intended, at least
584	equivalent to that required by the Florida Building Code:
585	1.  A certification mark or listing of an approved
586	certification agency, which may be used only for products for
587	which the code designates standardized testing;
588	2.  A test report from an approved testing laboratory;
589	3.  A product evaluation report based upon testing or
590	comparative or rational analysis, or a combination thereof, from
591	an approved product evaluation entity; or
592	4.  A product evaluation report based upon testing or
593	comparative or rational analysis, or a combination thereof,
594	developed and signed and sealed by a professional engineer or
595	architect, licensed in this state.
596
597	A product evaluation report or a certification mark or listing
598	of an approved certification agency which demonstrates that the
599	product or method or system of construction complies with the
600	Florida Building Code for the purpose intended shall be
601	equivalent to a test report and test procedure as referenced in
602	the Florida Building Code.
603	(7)  For state approvals, validation shall be performed by
604	validation entities approved by the commission. The commission
605	shall adopt by rule criteria for approval of validation
606	entities, which shall be third-party entities independent of the
607	product's manufacturer and which shall certify to the commission
608	the product's compliance with the code. The commission may adopt
609	by rule a schedule of penalties to be imposed against approved
610	validation entities that validate product applications in
611	violation of this section or rules adopted under this section.
612	(16)  The commission may adopt a rule that identifies
613	standards that are equivalent to or more stringent than those
614	specifically adopted by the code, thereby allowing the use in
615	this state of the products that comply with the equivalent
616	standard.
617	Section 9.  Subsections (2) and (6) of section 633.081,
618	Florida Statutes, are amended to read:
619	633.081  Inspection of buildings and equipment; orders;
620	firesafety inspection training requirements; certification;
621	disciplinary action.--The State Fire Marshal and her or his
622	agents shall, at any reasonable hour, when the department has
623	reasonable cause to believe that a violation of this chapter or
624	s. 509.215, or a rule promulgated thereunder, or a minimum
625	firesafety code adopted by a local authority, may exist, inspect
626	any and all buildings and structures which are subject to the
627	requirements of this chapter or s. 509.215 and rules promulgated
628	thereunder. The authority to inspect shall extend to all
629	equipment, vehicles, and chemicals which are located within the
630	premises of any such building or structure.
631	(2)  Every firesafety inspection conducted pursuant to
632	state or local firesafety requirements shall be by a person
633	certified as having met the inspection training requirements set
634	by the State Fire Marshal.  Such person shall:
635	(a)  Be a high school graduate or the equivalent as
636	determined by the department;
637	(b)  Not have been found guilty of, or having pleaded
638	guilty or nolo contendere to, a felony or a crime punishable by
639	imprisonment of 1 year or more under the law of the United
640	States, or of any state thereof, which involves moral turpitude,
641	without regard to whether a judgment of conviction has been
642	entered by the court having jurisdiction of such cases;
643	(c)  Have her or his fingerprints on file with the
644	department or with an agency designated by the department;
645	(d)  Have good moral character as determined by the
646	department;
647	(e)  Be at least 18 years of age a resident of Florida;
648	(f)  Have satisfactorily completed the firesafety inspector
649	certification examination as prescribed by the department; and
650	(g)1.  Have satisfactorily completed, as determined by the
651	department, a firesafety inspector training program of not less
652	than 200 hours, as established by the department and
653	administered by such agencies and institutions as approved by
654	the department for the purpose of providing basic certification
655	training for firesafety inspectors; or
656	2.  Have received in another state training which is
657	determined by the department to be at least equivalent to that
658	required by the department for approved firesafety inspector
659	education and training programs in this state.
660	(6)  The State Fire Marshal may deny, refuse to renew,
661	suspend, or revoke the certificate of a firesafety inspector or
662	special state firesafety inspector if it finds that any of the
663	following grounds exist:
664	(a)  Any cause for which issuance of a certificate could
665	have been refused had it then existed and been known to the
666	State Fire Marshal.
667	(b)  Violation of any provision of this chapter or any rule
668	or order of the State Fire Marshal.
669	(c)  Falsification of records relating to the certificate.
670	(d)  Having been found guilty of or having pleaded guilty
671	or nolo contendere to a felony, whether or not a judgment of
672	conviction has been entered.
673	(e)  Failure to meet any of the renewal requirements.
674	(f)  Having been convicted of a crime in any jurisdiction
675	which directly relates to the practice of fire code inspection,
676	plan review, or administration.
677	(g)  Making or filing a report or record that the
678	certificateholder knows to be false, or knowingly inducing
679	another to file a false report or record, or knowingly failing
680	to file a report or record required by state or local law, or
681	knowingly impeding or obstructing such filing, or knowingly
682	inducing another person to impede or obstruct such filing.
683	(h)  Failing to properly enforce applicable fire codes or
684	permit requirements within this state which the
685	certificateholder knows are applicable by committing willful
686	misconduct, gross negligence, gross misconduct, repeated
687	negligence, or negligence resulting in a significant danger to
688	life or property.
689	(i)  Accepting labor, services, or materials at no charge
690	or at a noncompetitive rate from any person who performs work
691	that is under the enforcement authority of the certificateholder
692	and who is not an immediate family member of the
693	certificateholder. For the purpose of this paragraph, the term
694	"immediate family member" means a spouse, child, parent,
695	sibling, grandparent, aunt, uncle, or first cousin of the person
696	or the person's spouse or any person who resides in the primary
697	residence of the certificateholder.
698	Section 10.  Subsection (9) of section 633.521, Florida
699	Statutes, is amended, and subsection (11) is added to that
700	section, to read:
701	633.521  Certificate application and issuance; permit
702	issuance; examination and investigation of applicant.--
703	(9)  It is the intent of the Legislature that the
704	inspections and testing of automatic fire sprinkler systems for
705	detached one-family dwellings, detached two-family dwellings,
706	and mobile homes be accomplished by the owner, who is
707	responsible for requesting service from a contractor when
708	necessary. It is further intended that the NFPA-25 inspection of
709	exposed underground piping and any attached appurtenances
710	supplying a fire protection system be conducted by a Contractor
711	I or Contractor II.
712	(11)  It is intended that a certificateholder, or a
713	permitholder who is employed by a certificateholder, conduct
714	inspections required by this chapter. It is understood that
715	after July 1, 2008, employee turnover may result in a depletion
716	of personnel who are certified under the NICET Sub-field of
717	Inspection and Testing of Fire Protection Systems Level II which
718	is required for permitholders. The extensive training and
719	experience necessary to achieve NICET Level II certification is
720	recognized. A certificateholder may therefore obtain a
721	provisional permit with an endorsement for inspection, testing,
722	and maintenance of water-based fire extinguishing systems for an
723	employee if the employee has initiated procedures for obtaining
724	Level II certification from the National Institute for
725	Certification in Engineering Technologies Sub-field of
726	Inspection and Testing of Fire Protection Systems and achieved
727	Level I certification. After 2 years of provisional
728	certification, the employee must have achieved NICET Level II
729	certification or cease performing inspections requiring Level II
730	certification. The provisional permit is valid only for the 2
731	calendar years after the date of issuance, may not be extended,
732	and is not renewable. After the initial 2-year provisional
733	permit expires, the certificateholder must wait 2 additional
734	years before a new provisional permit may be issued. The intent
735	is to prohibit the certificateholder from using employees who
736	never reach NICET Level II status by continuously obtaining
737	provisional permits.
738	Section 11.  Subsection (4) of section 633.537, Florida
739	Statutes, is amended to read:
740	633.537  Certificate; expiration; renewal; inactive
741	certificate; continuing education.--
742	(4)  The renewal period for the permit class is the same as
743	that for of the employing certificateholder. The continuing
744	education requirements for permitholders are what is required to
745	maintain NICET Sub-field of Inspection and Testing of Fire
746	Protection Systems Level II or higher certification plus 8 shall
747	be 8 contact hours by June 30, 2006. An additional 16 contact
748	hours of continuing education is required by June 30, 2008, and
749	during each biennial renewal period thereafter. The continuing
750	education curriculum from July 1, 2005, until July 1, 2008,
751	shall be the preparatory curriculum for NICET II certification;
752	after July 1, 2008, the technical curriculum is at the
753	discretion of the State Fire Marshal and may be used to meet the
754	maintenance of NICET Level II certification and 8 contact hours
755	of continuing education requirements. It is the responsibility
756	of the permitholder to maintain NICET II certification as a
757	condition of permit renewal after July 1, 2008.
758	Section 12.  The Florida Building Commission shall review
759	modifications 2151, 2152, 2153 and 2492, reviewed by the
760	commission's technical advisory committee. The commission shall
761	take public comment on these modifications, including the need
762	for the modifications, how the modifications will affect the
763	health, safety, and welfare of the residents of this state, and
764	the continuing need for any Florida-specific requirement of the
765	code which the modifications seek to repeal. Notwithstanding s.
766	553.73, Florida Statutes, the commission may adopt or modify the
767	modifications in response to the public comments subject only to
768	the rule-adoption procedures of chapter 120, Florida Statutes,
769	for inclusion in the next edition of the Florida Building Code.
770
771
772	======= T I T L E  A M E N D M E N T =======
773	On page 1, line 9, through page 3, line 20,
774	remove all of said lines,
775	and insert:  National Electric Code; requiring the commission to
776	make certain determinations before eliminating gravel and stone
777	roofing systems; amending s. 468.609, F.S.; increasing the
778	number of days a newly employed person can be a plan examiner or
779	building inspector without certification; amending s. 553.73,
780	F.S.; authorizing the commission to approve certain amendments
781	to the code; amending s. 553.775, F.S.; providing that, upon
782	written application by substantially affected persons, the
783	Florida Building Commission must issue, or cause to be issued, a
784	formal interpretation of the code; amending s. 553.791, F.S.;
785	defining terms; requiring that certain forms be signed at the
786	completion of a required inspection; requiring that a deficiency
787	notice be posted at the job site whenever an element is found to
788	be not in conformance with the building code or the permitting
789	documents; providing for corrective actions; prohibiting the
790	charging of certain fees; amending s. 553.841, F.S.; providing
791	legislative intent regarding education and outreach for
792	understanding the Florida Building Code; requiring the
793	Department of Community Affairs to administer a compliance and
794	mitigation program; requiring that the compliance and mitigation
795	program be provided by a private, nonprofit corporation under
796	contract with the department; requiring the department to
797	consider certain criteria when selecting the corporation;
798	requiring the commission to provide certain courses to accredit
799	persons subject to the building code; authorizing the commission
800	to adopt rules; amending s. 553.842, F.S.; providing for
801	certification of products; authorizing the commission to impose
802	penalties for violation of the product validation process;
803	amending s. 633.081, F.S.; deleting the requirement that a
804	certified firesafety inspector be a resident of Florida;
805	requiring that a firesafety inspector be 18 years of age or
806	older; establishing grounds under which an inspector's license
807	may be suspended or revoked; amending s. 633.521, F.S.;
808	providing for provisional permits for inspectors of certain fire
809	protection systems; providing a time limitation for such
810	permits; amending s. 633.537, F.S.; revising continuing
811	education requirements; requiring the commission to review
812	certain modifications recommended by the commission's technical
813	advisory committee; authorizing the commission to adopt or
814	modify the modifications in response to public comments;
815	authorizing the commission to adopt

CODING: Words stricken are deletions; words underlined are additions.