Senate Bill sb2836c1

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    Florida Senate - 2007                           CS for SB 2836

    By the Committee on Community Affairs; and Senator Constantine





    578-2430-07

  1                      A bill to be entitled

  2         An act relating to the Florida Building

  3         Commission; requiring the commission to review

  4         the requirements in the National Electrical

  5         Code which relate to bonding and grounding

  6         systems for swimming pools; authorizing the

  7         commission to adopt a rule for bonding and

  8         grounding which is an alterative to that of the

  9         National Electrical Code; providing legislative

10         intent relating to retrofitting buildings to

11         prevent hurricane and storm damage; directing

12         the commission to consider the costs and

13         benefits of any mitigation techniques before

14         adoption of a rule; requiring the commission to

15         develop and adopt within the Florida Building

16         Code appropriate mitigation techniques to use

17         to retrofit buildings constructed before the

18         code was implemented; amending s. 553.73, F.S.;

19         authorizing the commission to approve certain

20         amendments to the code; amending s. 553.775,

21         F.S.; providing that, upon written application

22         by substantially affected persons, the Florida

23         Building Commission must issue, or cause to be

24         issued, a formal interpretation of the code;

25         amending s. 553.791, F.S.; defining terms;

26         requiring that certain forms be signed at the

27         completion of a required inspection; requiring

28         that a deficiency notice be posted at the job

29         site whenever an element is found to be not in

30         conformance with the building code or the

31         permitting documents; providing for corrective

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 1         actions; prohibiting the charging of certain

 2         fees; amending s. 553.841, F.S.; providing

 3         legislative intent regarding education and

 4         outreach for understanding the Florida Building

 5         Code; requiring the Department of Community

 6         Affairs to administer an education and outreach

 7         program; requiring that the education and

 8         outreach program be provided by a private,

 9         nonprofit corporation under contract with the

10         department; requiring the department to

11         consider certain criteria when selecting the

12         corporation; requiring the commission to

13         provide certain courses to accredit persons

14         subject to the building code; authorizing the

15         commission to adopt rules; amending s. 553.842,

16         F.S.; providing for certification of products;

17         authorizing the commission to impose penalties

18         for violation of the product validation

19         process; requiring the commission to review

20         certain modifications recommended by the

21         commission's technical advisory committee;

22         authorizing the commission to adopt or modify

23         the modifications in response to public

24         comments; contingent upon appropriations,

25         directing the commission to conduct a study to

26         evaluate certain specified activities related

27         to mitigation of property loss; requiring the

28         commission to deliver a report to the Governor

29         and others by a specified date; providing for

30         the content of the report; directing the

31         commission to work with others to review the

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 1         Florida Energy Code and to compare that code to

 2         other energy efficiency codes; requiring the

 3         commission to deliver a report to the

 4         Legislature by a specified date; providing an

 5         appropriation; providing an effective date.

 6  

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

 8  

 9         Section 1.  The Florida Building Commission shall

10  review the requirements in the National Electrical Code (2005)

11  which relate to bonding and grounding systems for swimming

12  pools. The commission may adopt a rule authorizing the use of

13  a method for bonding and grounding systems which is an

14  alternative to what is permitted by the National Electrical

15  Code. The commission is further authorized to integrate that

16  alternative method into the 2007 edition of the Florida

17  Building Code, notwithstanding the requirements of s. 553.73,

18  Florida Statutes. Until the commission adopts a rule for an

19  alternate method for bonding and grounding systems for

20  swimming pools, the use of an underground bonding conductor

21  made of a single #8 AWG bare solid copper wire buried to a

22  minimum depth of 4 inches to 6 inches below subgrade, and 18

23  inches to 24 inches from inside the wall of a swimming pool or

24  spa, is deemed a permissible alternative or equivalent to

25  compliance with s. 680.26(c) of the National Electrical Code

26  (2005), NFPA No. 70, adopted by reference within the Florida

27  Building Code.

28         Section 2.  (1)  The Legislature finds that the results

29  of recent hurricanes striking this state have demonstrated the

30  effectiveness of the Florida Building Code for reducing

31  property damage for buildings constructed in accordance with

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 1  the requirements of the code. The Legislature also finds that

 2  the storms have called attention to the vulnerability of some

 3  buildings constructed before the code was implemented. The

 4  Legislature also finds that the destructive effects of

 5  hurricanes represent a continuing threat to the health,

 6  safety, and welfare of the residents of this state and affect

 7  the insurance rates in the state. The Legislature additionally

 8  finds that mitigating property damage constitutes a valid and

 9  recognized objective of the Florida Building Code. The

10  Legislature further finds that retrofitting buildings built

11  before the code was implemented with proven construction

12  methods and materials set forth in the code is cost-effective

13  and a benefit to the state as a whole.

14         (2)  The Florida Building Commission shall:

15         (a)  Consider the extent to which a proposed code

16  provision will mitigate property damage to buildings and their

17  contents when evaluating whether the proposed code provision

18  should be adopted. If the proposed code provision applies only

19  to the mitigation of property damage and cannot be

20  demonstrated to significantly affect life-safety issues for

21  persons, the proposed code provision must be evaluated by its

22  measurable benefits when compared to the costs the proposed

23  code provision would impose if adopted as a rule.

24         (b)  Develop and adopt within the Florida Building Code

25  the appropriate mitigation techniques to use to retrofit

26  buildings constructed before the code was implemented. The

27  commission must consider, but is not limited to:

28         1.  Prescriptive techniques for installing gable-end

29  bracing;

30         2.  Secondary water barriers for roofs and standards

31  relating to secondary water barriers. The criteria may

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 1  include, but are not limited to, roof shape, slope, and

 2  composition of all elements of the roof system, and the

 3  cost-effectiveness of the secondary water barrier;

 4         3.  Prescriptive means and criteria to improve

 5  roof-to-wall connections; and

 6         4.  Clarifying that roof-fastener deficiencies must be

 7  corrected when exposed during reroofing.

 8  

 9  If the commission finds that the cost to retrofit an existing

10  building to meet the requirements of the code exceeds the cost

11  of applying the code to new construction, the commission must

12  authorizes the use of alternate, less expensive means to

13  retrofit existing buildings.

14         Section 3.  Subsection (7) of section 553.73, Florida

15  Statutes, as amended by section 7 of chapter 2007-1, Laws of

16  Florida, is amended to read:

17         553.73  Florida Building Code.--

18         (7)  Upon the conclusion of a triennial update to the

19  Florida Building Code, Notwithstanding the provisions of

20  subsection (3) or subsection (6), the commission may address

21  issues identified in this subsection by amending the code

22  pursuant only to the rule adoption procedures contained in

23  chapter 120. Provisions of the Florida Building Code,

24  including those contained in referenced standards and

25  criteria, relating to wind resistance or the prevention of

26  water intrusion may not be amended pursuant to this subsection

27  to diminish those construction requirements; however, the

28  commission may, subject to conditions in this subsection,

29  amend the provisions to enhance those construction

30  requirements. Following the approval of any amendments to the

31  Florida Building Code by the commission and publication of the

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 1  amendments on the commission's website, authorities having

 2  jurisdiction to enforce the Florida Building Code may enforce

 3  the amendments. The commission may approve amendments that are

 4  needed to address:

 5         (a)  Conflicts within the updated code;

 6         (b)  Conflicts between the updated code and the Florida

 7  Fire Prevention Code adopted pursuant to chapter 633;

 8         (c)  The omission of previously adopted

 9  Florida-specific amendments to the updated code if such

10  omission is not supported by a specific recommendation of a

11  technical advisory committee or particular action by the

12  commission; or

13         (d)  Unintended results from the integration of

14  previously adopted Florida-specific amendments with the model

15  code; or.

16         (e)  Changes to federal or state law.

17         Section 4.  Present paragraphs (d) through (g) of

18  subsection (3) of section 553.775, Florida Statutes, are

19  redesignated as paragraphs (e) through (h), respectively, and

20  a new paragraph (d) is added to that subsection, to read:

21         553.775  Interpretations.--

22         (3)  The following procedures may be invoked regarding

23  interpretations of the Florida Building Code:

24         (d)  Upon written application by any substantially

25  affected person, contractor, or designer, or a group

26  representing a substantially affected person, contractor, or

27  designer, the commission shall issue or cause to be issued a

28  formal interpretation of the Florida Building Code as

29  prescribed by paragraph (c).

30  

31  

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 1         Section 5.  Subsections (1), (2), (4), (8), (9), (10),

 2  (11), (13), (15), and (18) of section 553.791, Florida

 3  Statutes, are amended to read:

 4         553.791  Alternative plans review and inspection.--

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

 6         (a)  "Applicable codes" means the Florida Building Code

 7  and any local technical amendments to the Florida Building

 8  Code but does not include the applicable minimum fire

 9  prevention and firesafety codes adopted pursuant to chapter

10  633.

11         (b)  "Audit" means the process to confirm that the

12  building code inspection services have been performed by the

13  private provider, including ensuring that the required

14  affidavit for the plan review has been properly completed and

15  affixed to the permit documents and that the minimum mandatory

16  inspections required under the building code have been

17  performed and properly recorded. The term does not mean that

18  the local building official is required to replicate the plan

19  review or inspection being performed by the private provider.

20         (c)(b)  "Building" means any construction, erection,

21  alteration, demolition, or improvement of, or addition to, any

22  structure for which permitting by a local enforcement agency

23  is required.

24         (d)(c)  "Building code inspection services" means those

25  services described in s. 468.603(6) and (7) involving the

26  review of building plans to determine compliance with

27  applicable codes and those inspections required by law of each

28  phase of construction for which permitting by a local

29  enforcement agency is required to determine compliance with

30  applicable codes.

31  

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 1         (e)(d)  "Duly authorized representative" means an agent

 2  by the private provider identified in the permit application

 3  who reviews plans or performs inspections as provided by this

 4  section and who is licensed as an engineer under chapter 471

 5  or as an architect under chapter 481 or who holds a standard

 6  certificate under part XII of chapter 468.

 7         (f)  "Immediate threat to public safety and welfare"

 8  means a building code violation that, if allowed to persist,

 9  constitutes an immediate hazard that could result in death,

10  serious bodily injury, or significant property damage.

11         (g)(e)  "Local building official" means the individual

12  within the governing jurisdiction responsible for direct

13  regulatory administration or supervision of plans review,

14  enforcement, and inspection of any construction, erection,

15  alteration, demolition, or substantial improvement of, or

16  addition to, any structure for which permitting is required to

17  indicate compliance with applicable codes and includes any

18  duly authorized designee of such person.

19         (h)(f)  "Permit application" means a properly completed

20  and submitted application for the requested building or

21  construction permit, including:

22         1.  The plans reviewed by the private provider.

23         2.  The affidavit from the private provider required

24  under pursuant to subsection (6).

25         3.  Any applicable fees.

26         4.  Any documents required by the local building

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

28  government approvals required by law.

29         (i)(g)  "Private provider" means a person licensed as

30  an engineer under chapter 471 or as an architect under chapter

31  481. For purposes of performing inspections under this section

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 1  for additions and alterations that are limited to 1,000 square

 2  feet or less to residential buildings, the term "private

 3  provider" also includes a person who holds a standard

 4  certificate under part XII of chapter 468.

 5         (j)(h)  "Request for certificate of occupancy or

 6  certificate of completion" means a properly completed and

 7  executed application for:

 8         1.  A certificate of occupancy or certificate of

 9  completion.

10         2.  A certificate of compliance from the private

11  provider required under pursuant to subsection (11).

12         3.  Any applicable fees.

13         4.  Any documents required by the local building

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

15  government approvals required by law.

16         (k)  "Stop-work order" means the issuance of any

17  written statement, written directive, or written order to stop

18  work on a project.

19         (2)  Notwithstanding any other provision of law or

20  local government ordinance or local policy, the fee owner of a

21  building or structure, or the fee owner's contractor upon

22  written authorization from the fee owner, may choose to use a

23  private provider to provide building code inspection services

24  with regard to such building or structure and may make payment

25  directly to the private provider for the provision of such

26  services. All such services shall be the subject of a written

27  contract between the private provider, or the private

28  provider's firm, and the fee owner or the fee owner's

29  contractor, upon written authorization of the fee owner. The

30  fee owner may elect to use a private provider to provide plans

31  review or required building inspections, or both. However, if

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 1  the fee owner or the fee owner's contractor uses a private

 2  provider to provide plans review, the local building official,

 3  in his or her discretion and pursuant to duly adopted policies

 4  of the local enforcement agency, may require the fee owner or

 5  the fee owner's contractor to use a private provider to also

 6  provide required building inspections.

 7         (4)  A fee owner or the fee owner's contractor using a

 8  private provider to provide building code inspection services

 9  shall notify the local building official at the time of permit

10  application, or no less than 7 business days prior to the

11  first scheduled inspection by the local building official or

12  building code enforcement agency for a private provider

13  performing required inspections of construction under this

14  section, on a form to be adopted by the commission. This

15  notice shall include the following information:

16         (a)  The services to be performed by the private

17  provider.

18         (b)  The name, firm, address, telephone number, and

19  facsimile number of each private provider who is performing or

20  will perform such services, his or her professional license or

21  certification number, qualification statements or resumes,

22  and, if required by the local building official, a certificate

23  of insurance demonstrating that professional liability

24  insurance coverage is in place for the private provider's

25  firm, the private provider, and any duly authorized

26  representative in the amounts required by this section.

27         (c)  An acknowledgment from the fee owner in

28  substantially the following form:

29  

30         I have elected to use one or more private

31         providers to provide building code plans review

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 1         and/or inspection services on the building or

 2         structure that is the subject of the enclosed

 3         permit application, as authorized by s.

 4         553.791, Florida Statutes. I understand that

 5         the local building official may not review the

 6         plans submitted or perform the required

 7         building inspections to determine compliance

 8         with the applicable codes, except to the extent

 9         specified in said law. Instead, plans review

10         and/or required building inspections will be

11         performed by licensed or certified personnel

12         identified in the application. The law requires

13         minimum insurance requirements for such

14         personnel, but I understand that I may require

15         more insurance to protect my interests. By

16         executing this form, I acknowledge that I have

17         made inquiry regarding the competence of the

18         licensed or certified personnel and the level

19         of their insurance and am satisfied that my

20         interests are adequately protected. I agree to

21         indemnify, defend, and hold harmless the local

22         government, the local building official, and

23         their building code enforcement personnel from

24         any and all claims arising from my use of these

25         licensed or certified personnel to perform

26         building code inspection services with respect

27         to the building or structure that is the

28         subject of the enclosed permit application.

29  

30  If the fee owner or the fee owner's contractor makes any

31  changes to the listed private providers or the services to be

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 1  provided by those private providers, the fee owner or the fee

 2  owner's contractor shall, within 1 business day after any

 3  change, update the notice to reflect such changes. A change of

 4  a duly authorized representative named in the permit

 5  application does not require a revision of the permit, and the

 6  building code enforcement agency may not charge a fee for

 7  making the change. In addition, the fee owner or the fee

 8  owner's contractor shall post at the project site, prior to

 9  the commencement of construction and updated within 1 business

10  day after any change, on a form to be adopted by the

11  commission, the name, firm, address, telephone number, and

12  facsimile number of each private provider who is performing or

13  will perform building code inspection services, the type of

14  service being performed, and similar information for the

15  primary contact of the private provider on the project.

16  

17         (8)  A private provider performing required inspections

18  under this section shall inspect each phase of construction as

19  required by the applicable codes. The private provider shall

20  be permitted to send a duly authorized representative to the

21  building site to perform the required inspections, provided

22  all required reports and certifications are prepared by and

23  bear the signature of the private provider or the private

24  provider's duly authorized representative. The duly authorized

25  representative must be an employee of the private provider

26  entitled to receive unemployment compensation benefits under

27  chapter 443. The contractor's contractual or legal obligations

28  are not relieved by any action by the private provider.

29         (9)  A private provider performing required inspections

30  under this section shall provide notice to the local building

31  official of the date and approximate time of any such

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 1  inspection no later than the prior business day by 2 p.m.

 2  local time or by any later time permitted by the local

 3  building official in that jurisdiction.  The local building

 4  official may visit the building site as often as necessary to

 5  verify that the private provider is performing all required

 6  inspections. A deficiency notice must be posted at the job

 7  site by the private provider, the duly authorized

 8  representative of the private provider, or the building

 9  department whenever a nonconforming item is found to exist

10  relating to the building code or permitted documents.

11  Corrections must be made by the appropriate party and the

12  nonconforming item must be reinspected by the private provider

13  or the duly authorized representative before being concealed.

14  Reinspection or reaudit fees shall not be charged by the local

15  jurisdiction as a result of the local jurisdiction's audit

16  inspection occurring before the performance of the private

17  provider inspection or for any other administrative matter not

18  involving the detection of a building code violation or permit

19  plan nonconformance issue.

20         (10)  Upon completing the required inspections at each

21  applicable phase of construction, the private provider shall

22  record such inspections on a form acceptable to the local

23  building official. The form must be signed by the provider or

24  the provider's duly authorized representative. These

25  inspection records shall reflect those inspections required by

26  the applicable codes of each phase of construction for which

27  permitting by a local enforcement agency is required. The

28  private provider, before leaving the project site, shall post

29  each completed inspection record, indicating pass or fail, at

30  the site and provide the record to the local building official

31  within 2 business days. The local building official may waive

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 1  the requirement to provide a record of each inspection within

 2  2 business days if the record is posted at the project site

 3  and all such inspection records are submitted with the

 4  certificate of compliance. Records of all required and

 5  completed inspections shall be maintained at the building site

 6  at all times and made available for review by the local

 7  building official. The private provider shall report to the

 8  local enforcement agency any condition that poses an immediate

 9  threat to public safety and welfare.

10         (11)  Upon completion of all required inspections, the

11  private provider shall prepare a certificate of compliance, on

12  a form acceptable to the local building official, summarizing

13  the inspections performed and including a written

14  representation, under oath, that the stated inspections have

15  been performed and that, to the best of the private provider's

16  knowledge and belief, the building construction inspected

17  complies with the approved plans and applicable codes.  The

18  statement required of the private provider shall be

19  substantially in the following form and shall be signed and

20  sealed by a private provider as established in subsection (1):

21  

22         To the best of my knowledge and belief, the

23         building components and site improvements

24         outlined herein and inspected under my

25         authority have been completed in conformance

26         with the approved plans and the applicable

27         codes.

28  

29         (13)  If the local building official determines that

30  the building construction or plans do not comply with the

31  applicable codes, the official may deny the permit or request

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 1  for a certificate of occupancy or certificate of completion,

 2  as appropriate, or may issue a stop-work order for the project

 3  or any portion thereof as provided by law, if the official

 4  determines that the such noncompliance poses an immediate a

 5  threat to public safety and welfare, subject to the following:

 6         (a)  The local building official shall be available to

 7  meet with the private provider within 2 business days to

 8  resolve any dispute after issuing a stop-work order or

 9  providing notice to the applicant denying a permit or request

10  for a certificate of occupancy or certificate of completion.

11         (b)  If the local building official and private

12  provider are unable to resolve the dispute, the matter shall

13  be referred to the local enforcement agency's board of

14  appeals, if one exists, which shall consider the matter at its

15  next scheduled meeting or sooner. Any decisions by the local

16  enforcement agency's board of appeals, or local building

17  official if there is no board of appeals, may be appealed to

18  the commission as provided by this chapter.

19         (c)  Notwithstanding any provision of this section, any

20  decisions regarding the issuance of a building permit,

21  certificate of occupancy, or certificate of completion may be

22  reviewed by the local enforcement agency's board of appeals,

23  if one exists. Any decision by the local enforcement agency's

24  board of appeals, or local building official if there is no

25  board of appeals, may be appealed to the commission as

26  provided by this chapter, which shall consider the matter at

27  the commission's next scheduled meeting.

28         (15)(a)  A No local enforcement agency, local building

29  official, or local government may not adopt or enforce any

30  laws, rules, procedures, policies, qualifications, or

31  

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 1  standards more stringent than those prescribed by this

 2  section.

 3         (b)  A local enforcement agency, local building

 4  official, or local government may establish, for private

 5  providers and duly authorized representatives working within

 6  that jurisdiction, a system of registration to verify

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

 8  and the insurance requirements of subsection (16).

 9         (c)  Nothing in This section does not limit limits the

10  authority of the local building official to issue a stop-work

11  order for a building project or any portion of the project

12  such order, as provided by law, if the official determines

13  that a condition on the building site constitutes an immediate

14  threat to public safety and welfare.

15         (18)  Each local building code enforcement agency may

16  audit the performance of building code inspection services by

17  private providers operating within the local jurisdiction.

18  Work on a building or structure may proceed after inspection

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

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

21  subsequent to such inspection and approval, the work shall may

22  not be delayed for completion of an inspection audit by the

23  local building code enforcement agency.

24         Section 6.  Section 553.841, Florida Statutes, is

25  amended to read:

26         553.841  Building code education, mitigation, and

27  outreach program.--

28         (1)  The Legislature finds that knowledge and

29  understanding by persons licensed in the design and

30  construction industries of the importance and need for

31  complying with the Florida Building Code is vital to the

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 1  public health, safety, and welfare of this state, especially

 2  for mitigating damage caused by hurricanes to residents and

 3  visitors to the state. The Legislature further finds that the

 4  Florida Building Code can be effective only if all

 5  participants in the design and construction industries

 6  maintain a thorough knowledge of the code and additions

 7  thereto which improve construction standards to protect

 8  against storm and other damage. Consequently, the Legislature

 9  finds that there is a need for a program to provide ongoing

10  education and outreach activities concerning compliance with

11  the Florida Building Code and hurricane mitigation the

12  effectiveness of the building codes of this state depends on

13  the performance of all participants, as demonstrated through

14  knowledge of the codes and commitment to compliance with code

15  directives, and that to strengthen compliance by industry and

16  enforcement by government, a building code education and

17  outreach program is needed.

18         (2)  The Department of Community Affairs shall

19  administer a program, designated as the Florida Building Code

20  Compliance and Mitigation Program, to develop, coordinate, and

21  maintain education and outreach to persons required to comply

22  with the Florida Building Code and ensure consistent

23  education, training, and communication of the code's

24  requirements, including, but not limited to, methods for

25  mitigation of storm-related damage. The program shall also

26  operate a clearinghouse through which design, construction,

27  and building code enforcement licensees, suppliers, and

28  consumers in this state may find others in order to exchange

29  information relating to mitigation and facilitate repairs in

30  the aftermath of a natural disaster. There is created the

31  Building Code Education and Outreach Council to coordinate,

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 1  develop, and maintain education and outreach to ensure

 2  administration and enforcement of the Florida Building Code.

 3         (3)  All services and materials under the program must

 4  be provided by a private, nonprofit corporation under contract

 5  with the department. The term of the contract shall be for 4

 6  years, with the option of one 4-year renewal at the end of the

 7  contract term. The initial contract must be in effect no later

 8  than November 1, 2007. The private, nonprofit corporation must

 9  be an organization whose membership includes trade and

10  professional organizations whose members consist primarily of

11  persons and entities that are required to comply with the

12  Florida Building Code and that are licensed under part XII of

13  chapter 468, chapter 471, chapter 481, or chapter 489. When

14  selecting the private, nonprofit corporation for the program,

15  the department must give primary consideration to the

16  corporation's demonstrated experience and the ability to:

17         (a)  Develop and deliver building code-related

18  education, training, and outreach;

19         (b)  Directly access the majority of persons licensed

20  in the occupations of design, construction, and building code

21  enforcement individually and through established statewide

22  trade and professional association networks;

23         (c)  Serve as a clearinghouse to deliver education and

24  outreach throughout the state. The clearinghouse must serve as

25  a focal point at which persons licensed to design, construct,

26  and enforce building codes and suppliers and consumers can

27  find each other in order to exchange information relating to

28  mitigation and facilitate repairs in the aftermath of a

29  natural disaster;

30         (d)  Accept input from the Florida Building Commission,

31  licensing regulatory boards, local building departments, and

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 1  the design and construction industries in order to improve its

 2  education and outreach programs; and

 3         (e)  Promote design and construction techniques and

 4  materials for mitigating hurricane damage at a Florida-based

 5  trade conference that includes participants from the broadest

 6  possible range of design and construction trades and

 7  professions, including from those private and public-sector

 8  entities having jurisdiction over building codes and design

 9  and construction licensure. The Building Code Education and

10  Outreach Council shall be composed of the following members:

11         (a)  Three representatives of the Florida Building

12  Commission, one of whom must be a member of a Florida-based

13  organization of persons with disabilities or a nationally

14  chartered organization of persons with disabilities having

15  chapters in this state, selected by the commission;

16         (b)  One representative of the Florida Building Code

17  Administrators and Inspectors Board, selected by that board;

18         (c)  One representative of the Construction Industry

19  Licensing Board, selected by that board;

20         (d)  One representative of the Electrical Contractors'

21  Licensing Board, selected by that board;

22         (e)  One representative of the Florida Board of

23  Professional Engineers, selected by that board;

24         (f)  One architect representative of the Board of

25  Architecture and Interior Design, selected by that board;

26         (g)  One interior designer representative of the Board

27  of Architecture and Interior Design, selected by that board;

28         (h)  One representative of the Board of Landscape

29  Architecture, selected by that board;

30         (i)  One representative from the office of the State

31  Fire Marshal, selected by that office; and

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 1         (j)  One representative with experience and expertise

 2  in K-12 public school construction.

 3  

 4  Each member of the board shall be appointed to a 2-year term

 5  and may be reappointed at the discretion of the appointing

 6  body. A chair shall be elected by majority vote of the council

 7  and shall serve a term of 1 year.

 8         (4)  The Building Code Education and Outreach Council

 9  shall meet in Tallahassee no more than semiannually. The

10  council may meet more often but not more than monthly, and

11  such additional meetings shall be by telephone conference

12  call. Travel costs, if any, shall be borne by the respective

13  appointing entity. The Department of Community Affairs shall

14  provide administrative support to the council; however, the

15  department may contract with an entity that has previous

16  experience with building code training, development, and

17  coordination to provide administrative support for the

18  council.

19         (5)  The Building Code Education and Outreach Council

20  shall:

21         (a)  Consider and determine any policies or procedures

22  needed to administer ss. 489.109(3) and 489.509(3).

23         (b)  Administer the provisions of this section.

24         (c)  Determine the areas of priority for which funds

25  should be expended for education and outreach.

26         (d)  Review all proposed subjects for advanced courses

27  concerning the Florida Building Code and recommend to the

28  commission any related subjects that should be approved for

29  advanced courses.

30  

31  

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 1         (4)(6)  The Building Code Education and Outreach

 2  Program Council shall maintain, update, develop, or cause to

 3  be developed:

 4         (a)  A core curriculum that is prerequisite to the

 5  advanced module coursework.

 6         (b)  Advanced modules designed for use by each

 7  profession.

 8         (c)  The core curriculum developed under this

 9  subsection must be approved by the commission and submitted to

10  the Department of Business and Professional Regulation for

11  approval. Advanced modules developed under this paragraph must

12  be approved by the commission and submitted to the respective

13  boards for approval.

14         (5)(7)  The core curriculum shall cover the information

15  required to have all categories of participants appropriately

16  informed as to their technical and administrative

17  responsibilities in the effective execution of the code

18  process by all individuals currently licensed under part XII

19  of chapter 468, chapter 471, chapter 481, or chapter 489,

20  except as otherwise provided in s. 471.017. The core

21  curriculum shall be prerequisite to the advanced module

22  coursework for all licensees and shall be completed by

23  individuals licensed in all categories under part XII of

24  chapter 468, chapter 471, chapter 481, or chapter 489 within

25  the first 2-year period after initial licensure. Core course

26  hours taken by licensees to complete this requirement shall

27  count toward fulfillment of required continuing education

28  units under part XII of chapter 468, chapter 471, chapter 481,

29  or chapter 489.

30         (6)(8)  Each biennium, upon receipt of funds by the

31  Department of Community Affairs from the Construction Industry

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 1  Licensing Board and the Electrical Contractors' Licensing

 2  Board provided under ss. 489.109(3) and 489.509(3), the

 3  department council shall determine the amount of funds

 4  available for the Florida Building Code Compliance and

 5  Mitigation Program education and outreach projects from the

 6  proceeds of contractor licensing fees and identify, solicit,

 7  and accept funds from other sources for education and outreach

 8  projects.

 9         (7)(9)  If the funds collected for education and

10  outreach projects provided through the Florida Building Code

11  Compliance and Mitigation Program in any state fiscal year do

12  not require the use of all available funds, the unused funds

13  shall be carried forward and allocated for use during the

14  following fiscal year.

15         (8)  The Florida Building Commission shall provide by

16  rule for the accreditation of courses related to the Florida

17  Building Code by accreditors approved by the commission. The

18  commission shall establish qualifications of accreditors and

19  criteria for the accreditation of courses by rule. The

20  commission may revoke the accreditation of a course by an

21  accreditor if the accreditation is demonstrated to violate

22  this part or the rules of the commission.

23         (9)  This section does not prohibit or limit the

24  subject areas or development of continuing education or

25  training on the Florida Building Code by any qualified entity.

26         (10)  The commission shall consider and approve or

27  reject the recommendations made by the council for subjects

28  for education and outreach concerning the Florida Building

29  Code. Any rejection must be made with specificity and must be

30  communicated to the council.

31  

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 1         (11)  The commission shall adopt rules for establishing

 2  procedures and criteria for the approval of advanced courses.

 3  This section does not modify or eliminate the continuing

 4  education course requirements or authority of any licensing

 5  board under part XII of chapter 468, chapter 471, chapter 481,

 6  or chapter 489.

 7         Section 7.  Paragraph (a) of subsection (5) and

 8  subsection (7) of section 553.842, Florida Statutes, are

 9  amended, and subsection (16) is added to that section to read:

10         553.842  Product evaluation and approval.--

11         (5)  Statewide approval of products, methods, or

12  systems of construction may be achieved by one of the

13  following methods. One of these methods must be used by the

14  commission to approve the following categories of products:

15  panel walls, exterior doors, roofing, skylights, windows,

16  shutters, and structural components as established by the

17  commission by rule.

18         (a)  Products for which the code establishes

19  standardized testing or comparative or rational analysis

20  methods shall be approved by submittal and validation of one

21  of the following reports or listings indicating that the

22  product or method or system of construction was evaluated to

23  be in compliance with the Florida Building Code and that the

24  product or method or system of construction is, for the

25  purpose intended, at least equivalent to that required by the

26  Florida Building Code:

27         1.  A certification mark or listing of an approved

28  certification agency, which may be used only for products for

29  which the code designates standardized testing;

30         2.  A test report from an approved testing laboratory;

31  

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 1         3.  A product evaluation report based upon testing or

 2  comparative or rational analysis, or a combination thereof,

 3  from an approved product evaluation entity; or

 4         4.  A product evaluation report based upon testing or

 5  comparative or rational analysis, or a combination thereof,

 6  developed and signed and sealed by a professional engineer or

 7  architect, licensed in this state.

 8  

 9  A product evaluation report or a certification mark or listing

10  of an approved certification agency which demonstrates that

11  the product or method or system of construction complies with

12  the Florida Building Code for the purpose intended shall be

13  equivalent to a test report and test procedure as referenced

14  in the Florida Building Code.

15         (7)  For state approvals, validation shall be performed

16  by validation entities approved by the commission. The

17  commission shall adopt by rule criteria for approval of

18  validation entities, which shall be third-party entities

19  independent of the product's manufacturer and which shall

20  certify to the commission the product's compliance with the

21  code. The commission may adopt by rule a schedule of penalties

22  to be imposed against approved validation entities that

23  validate product applications in violation of this section or

24  rules adopted under this section.

25         (16)  The commission may adopt a rule that identifies

26  standards that are equivalent to or more stringent than those

27  specifically adopted by the code, thereby allowing the use in

28  this state of the products that comply with the equivalent

29  standard.

30         Section 8.  The Florida Building Commission shall

31  review modifications 2151, 2152, 2153 and 2492, reviewed by

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 1  the commission's technical advisory committee. The commission

 2  shall take public comment on these modifications, including

 3  the need for the modifications, how the modifications will

 4  affect the health, safety, and welfare of the residents of

 5  this state, and the continuing need for any Florida-specific

 6  requirement of the code which the modifications seek to

 7  repeal. Notwithstanding s. 553.73, Florida Statutes, the

 8  commission may adopt or modify the modifications in response

 9  to the public comments subject only to the rule-adoption

10  procedures of chapter 120, Florida Statutes, for inclusion in

11  the next edition of the Florida Building Code.

12         Section 9.  Evaluation of hurricane loss relativities

13  and resulting premium discounts; study required.--

14         (1)  Contingent upon appropriations from the

15  Legislature, the Florida Building Commission shall conduct a

16  study updating the evaluation of loss relativities and

17  resulting reasonable discounts, credits, and other rate

18  differentials or appropriate reductions in deductibles for

19  properties on which fixtures or construction techniques

20  demonstrated to reduce the amount of loss in a windstorm have

21  been installed or implemented. The fixtures or construction

22  techniques must include, but are not limited to, those

23  activities that enhance roof strength, roof-covering

24  performance, roof-to-wall strength,

25  wall-to-floor-to-foundation strength, opening protection, and

26  window, door, or skylight strength.

27         (2)  The commission shall prepare a report on the

28  results of the study and deliver it to the Governor, the Chief

29  Financial Officer, the Commissioner of Insurance Regulation,

30  the President of the Senate, and the Speaker of the House of

31  Representatives no later than March 1, 2008. Upon the request

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 1  of the commission, the Office of Insurance Regulation shall

 2  assist the commission with developing the scope and

 3  methodology used to perform the study.

 4         Section 10.  The Florida Building Commission shall, in

 5  consultation with the Florida Energy Commission, the Building

 6  Officials Association of Florida, the Florida Energy Office,

 7  the Florida Home Builders Association, the Florida Association

 8  of Counties, the Florida League of Cities, and other

 9  stakeholders, review the Florida Energy Code for new building

10  construction. Specifically, the commission must evaluate the

11  analysis of the cost-effectiveness that serves as the basis

12  for energy-efficiency levels for residential buildings,

13  identify cost-effective means to improve energy efficiency in

14  commercial buildings, and compare the findings to the

15  International Energy Conservation Code and the American

16  Society of Heating, Air Conditioning, and Refrigeration

17  Engineers Standards 90.1 and 90.2. The commission must

18  complete and present a report to the Legislature no later than

19  March 1, 2008. The report must include a new energy-efficiency

20  standard that may be adopted for the construction of all new

21  residential, commercial, and government buildings.

22         Section 11.  The sum of $750,000 in nonrecurring funds

23  is appropriated from the General Revenue Fund to the

24  Department of Community Affairs for the 2007-2008 fiscal year

25  for the purpose of implementing the study required by this

26  act.

27         Section 12.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2836

 3                                 

 4  The Florida Building Commission must review requirements in
    the National Electric Code relating to bonding and grounding
 5  systems for swimming pools, and can provide for the use of an
    alternative method. The commission must also consider the
 6  mitigating effect of proposed code provisions on buildings and
    building contents.
 7  
    The commission must develop and adopt within the Florida
 8  Building Code mitigation techniques for retrofitting buildings
    constructed before the implementation of the code. When
 9  retrofitting the existing building costs more than applying
    the code to new construction, the commission must allow the
10  use of alternative, less-expensive means to retrofit.

11  The Department of Community Affairs is directed to administer
    the Florida Building Code Compliance and Mitigation Program to
12  ensure consistent education and training relating to methods
    for mitigating storm-related damage. The Building Outreach and
13  Education Council is abolished. Services and materials for the
    mitigation program must be provided by a private, nonprofit
14  corporation under contract to the department.

15  The Florida Building Commission must review certain
    modifications which were reviewed by the commission's
16  technical advisory committee, and take public comment on those
    modifications. Notwithstanding the Florida Building Code
17  requirements, the commission can adopt or modify the
    modifications in response to the public comment received.
18  
    The Florida Building Commission is required to conduct a
19  windstorm-loss mitigation study and report the results.

20  The Florida Building Commission, in consultation with others,
    is directed to review the Florida Energy Code for new building
21  construction to evaluate the effectiveness of
    energy-efficiency requirements and report the results.
22  
    An appropriation of $750,000 in nonrecurring General Revenue
23  funds is provided.

24  

25  

26  

27  

28  

29  

30  

31  

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