Senate Bill sb2836c2

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    Florida Senate - 2007                    CS for CS for SB 2836

    By the Committees on Transportation and Economic Development
    Appropriations; Community Affairs; and Senator Constantine




    606-2656-07

  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; requiring the commission

19         to make certain determinations before

20         eliminating gravel and stone roofing systems;

21         amending s. 468.609, F.S.; increasing the

22         number of days a newly employed person can be a

23         plan examiner or building inspector without

24         certification; amending s. 553.73, F.S.;

25         authorizing the commission to approve certain

26         amendments to the code; amending s. 553.775,

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

28         by substantially affected persons, the Florida

29         Building Commission must issue, or cause to be

30         issued, a formal interpretation of the code;

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

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 1         requiring that certain forms be signed at the

 2         completion of a required inspection; requiring

 3         that a deficiency notice be posted at the job

 4         site whenever an element is found to be not in

 5         conformance with the building code or the

 6         permitting documents; providing for corrective

 7         actions; prohibiting the charging of certain

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

 9         legislative intent regarding education and

10         outreach for understanding the Florida Building

11         Code; requiring the Department of Community

12         Affairs to administer an education and outreach

13         program; requiring that the education and

14         outreach program be provided by a private,

15         nonprofit corporation under contract with the

16         department; requiring the department to

17         consider certain criteria when selecting the

18         corporation; requiring the commission to

19         provide certain courses to accredit persons

20         subject to the building code; authorizing the

21         commission to adopt rules; amending s. 553.842,

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

23         authorizing the commission to impose penalties

24         for violation of the product validation

25         process; amending s. 633.081, F.S.; deleting

26         the requirement that a certified firesafety

27         inspector be a resident of Florida; requiring

28         that a firesafety inspector be 18 years of age

29         or older; establishing grounds under which an

30         inspector's license may be suspended or

31         revoked; amending s. 633.521, F.S.; providing

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 1         for provisional permits for inspectors of

 2         certain fire protection systems; providing a

 3         time limitation for such permits; amending s.

 4         633.537, F.S.; revising continuing education

 5         requirements; requiring the commission to

 6         review certain modifications recommended by the

 7         commission's technical advisory committee;

 8         authorizing the commission to adopt or modify

 9         the modifications in response to public

10         comments; contingent upon appropriations,

11         directing the commission to conduct a study to

12         evaluate certain specified activities related

13         to mitigation of property loss; requiring the

14         commission to deliver a report to the Governor

15         and others by a specified date; providing for

16         the content of the report; authorizing the

17         commission to adopt provisions preserving the

18         use of gravel roof systems; directing the

19         commission to work with others to review the

20         Florida Energy Code and to compare that code to

21         other energy efficiency codes; requiring the

22         commission to deliver a report to the

23         Legislature by a specified date; providing

24         appropriations; providing an effective date.

25  

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

27  

28         Section 1.  The Florida Building Commission shall

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

30  which relate to bonding and grounding systems for swimming

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

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 1  a method for bonding and grounding systems which is an

 2  alternative to what is permitted by the National Electrical

 3  Code. The commission is further authorized to integrate that

 4  alternative method into the 2007 edition of the Florida

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

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

 7  alternate method for bonding and grounding systems for

 8  swimming pools, the use of an underground bonding conductor

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

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

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

12  spa, is deemed a permissible alternative or equivalent to

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

14  (2005), NFPA No. 70, adopted by reference within the Florida

15  Building Code.

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

17  of recent hurricanes striking this state have demonstrated the

18  effectiveness of the Florida Building Code for reducing

19  property damage for buildings constructed in accordance with

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

21  the storms have called attention to the vulnerability of some

22  buildings constructed before the code was implemented. The

23  Legislature also finds that the destructive effects of

24  hurricanes represent a continuing threat to the health,

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

26  the insurance rates in the state. The Legislature additionally

27  finds that mitigating property damage constitutes a valid and

28  recognized objective of the Florida Building Code. The

29  Legislature further finds that retrofitting buildings built

30  before the code was implemented with proven construction

31  

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

 2  and a benefit to the state as a whole.

 3         (2)  The Florida Building Commission shall:

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

 5  provision will mitigate property damage to buildings and their

 6  contents when evaluating whether the proposed code provision

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

 8  to the mitigation of property damage and cannot be

 9  demonstrated to significantly affect life-safety issues for

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

11  measurable benefits when compared to the costs the proposed

12  code provision would impose if adopted as a rule.

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

14  the appropriate mitigation techniques to use to retrofit

15  buildings constructed before the code was implemented. The

16  commission must consider, but is not limited to:

17         1.  Prescriptive techniques for installing gable-end

18  bracing;

19         2.  Secondary water barriers for roofs and standards

20  relating to secondary water barriers. The criteria may

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

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

23  cost-effectiveness of the secondary water barrier;

24         3.  Prescriptive means and criteria to improve

25  roof-to-wall connections; and

26         4.  Clarifying that roof-fastener deficiencies must be

27  corrected when exposed during reroofing.

28  

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

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

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

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 1  authorizes the use of alternate, less expensive means to

 2  retrofit existing buildings.

 3         Section 3.  (1)  Before eliminating gravel or stone

 4  roofing systems in the Florida Building Code, the Florida

 5  Building Commission shall determine and document:

 6         (a)  Whether there is a scientific basis or reason for

 7  eliminating this option;

 8         (b)  Whether there is an available alternative that is

 9  equivalent in cost and durability;

10         (c)  Whether eliminating this option will unnecessarily

11  restrict or eliminate business or consumer choice in roofing

12  systems; and

13         (d)  In consultation with the Fish and Wildlife

14  Conservation Commission, whether eliminating this option will

15  negatively affect the nesting habitat of any species of

16  nesting bird.

17         (2)  Notwithstanding s. 553.73, Florida Statutes, the

18  Florida Building Commission may adopt provisions to preserve

19  the use of gravel roof systems in future editions of the

20  Florida Building Code, if necessary to address the

21  determination of the issues addressed in this section.

22         Section 4.  Paragraph (d) of subsection (7) of section

23  468.609, Florida Statutes, is amended to read:

24         468.609  Administration of this part; standards for

25  certification; additional categories of certification.--

26         (7)

27         (d)  A newly employed or hired person may perform the

28  duties of a plans examiner or building code inspector for 120

29  90 days if a provisional certificate application has been

30  submitted if, provided such person is under the direct

31  supervision of a certified building code administrator who

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 1  holds a standard certification and who has found such person

 2  qualified for a provisional certificate. However, Direct

 3  supervision and the determination of qualifications under this

 4  paragraph may also be provided by a building code

 5  administrator who holds a limited or provisional certificate

 6  in a any county having with a population of fewer less than

 7  75,000 and in a any municipality located within such a county.

 8         Section 5.  Subsection (7) of section 553.73, Florida

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

10  Florida, is amended to read:

11         553.73  Florida Building Code.--

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

13  Florida Building Code, Notwithstanding the provisions of

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

15  issues identified in this subsection by amending the code

16  pursuant only to the rule adoption procedures contained in

17  chapter 120. Provisions of the Florida Building Code,

18  including those contained in referenced standards and

19  criteria, relating to wind resistance or the prevention of

20  water intrusion may not be amended pursuant to this subsection

21  to diminish those construction requirements; however, the

22  commission may, subject to conditions in this subsection,

23  amend the provisions to enhance those construction

24  requirements. Following the approval of any amendments to the

25  Florida Building Code by the commission and publication of the

26  amendments on the commission's website, authorities having

27  jurisdiction to enforce the Florida Building Code may enforce

28  the amendments. The commission may approve amendments that are

29  needed to address:

30         (a)  Conflicts within the updated code;

31  

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

 2  Fire Prevention Code adopted pursuant to chapter 633;

 3         (c)  The omission of previously adopted

 4  Florida-specific amendments to the updated code if such

 5  omission is not supported by a specific recommendation of a

 6  technical advisory committee or particular action by the

 7  commission; or

 8         (d)  Unintended results from the integration of

 9  previously adopted Florida-specific amendments with the model

10  code; or.

11         (e)  Changes to federal or state law.

12         Section 6.  Present paragraphs (d) through (g) of

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

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

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

16         553.775  Interpretations.--

17         (3)  The following procedures may be invoked regarding

18  interpretations of the Florida Building Code:

19         (d)  Upon written application by any substantially

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

21  representing a substantially affected person, contractor, or

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

23  formal interpretation of the Florida Building Code as

24  prescribed by paragraph (c).

25         Section 7.  Subsections (1), (2), (4), (8), (9), (10),

26  (11), (13), (15), and (18) of section 553.791, Florida

27  Statutes, are amended to read:

28         553.791  Alternative plans review and inspection.--

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

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

31  and any local technical amendments to the Florida Building

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 1  Code but does not include the applicable minimum fire

 2  prevention and firesafety codes adopted pursuant to chapter

 3  633.

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

 5  building code inspection services have been performed by the

 6  private provider, including ensuring that the required

 7  affidavit for the plan review has been properly completed and

 8  affixed to the permit documents and that the minimum mandatory

 9  inspections required under the building code have been

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

11  the local building official is required to replicate the plan

12  review or inspection being performed by the private provider.

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

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

15  structure for which permitting by a local enforcement agency

16  is required.

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

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

19  review of building plans to determine compliance with

20  applicable codes and those inspections required by law of each

21  phase of construction for which permitting by a local

22  enforcement agency is required to determine compliance with

23  applicable codes.

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

25  by the private provider identified in the permit application

26  who reviews plans or performs inspections as provided by this

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

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

29  certificate under part XII of chapter 468.

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

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

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 1  constitutes an immediate hazard that could result in death,

 2  serious bodily injury, or significant property damage. This

 3  paragraph does not limit the authority of the local building

 4  official to issue a Notice of Corrective Action at any time

 5  during the construction of a building project or any portion

 6  of such project if the official determines that a condition of

 7  the building or portion thereof may constitute a hazard when

 8  the building is put into use following completion as long as

 9  the condition cited is shown to be in violation of the

10  building code or approved plans.

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 noncomplying item related to the

10  building code or the permitted documents is found. After

11  corrections are made, the item must be reinspected by the

12  private provider or representative before being concealed. The

13  local jurisdiction may not charge for reinspection or reaudit

14  fees occurring before the performance of the private

15  provider's inspection or for any other administrative matter

16  not involving the detection of a violation of the building

17  code or a permit requirement.

18         (10)  Upon completing the required inspections at each

19  applicable phase of construction, the private provider shall

20  record such inspections on a form acceptable to the local

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

22  the provider's duly authorized representative. These

23  inspection records shall reflect those inspections required by

24  the applicable codes of each phase of construction for which

25  permitting by a local enforcement agency is required. The

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

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

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

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

30  the requirement to provide a record of each inspection within

31  2 business days if the record is posted at the project site

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 1  and all such inspection records are submitted with the

 2  certificate of compliance. Records of all required and

 3  completed inspections shall be maintained at the building site

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

 5  building official. The private provider shall report to the

 6  local enforcement agency any condition that poses an immediate

 7  threat to public safety and welfare.

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

 9  private provider shall prepare a certificate of compliance, on

10  a form acceptable to the local building official, summarizing

11  the inspections performed and including a written

12  representation, under oath, that the stated inspections have

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

14  knowledge and belief, the building construction inspected

15  complies with the approved plans and applicable codes.  The

16  statement required of the private provider shall be

17  substantially in the following form and shall be signed and

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

19  

20         To the best of my knowledge and belief, the

21         building components and site improvements

22         outlined herein and inspected under my

23         authority have been completed in conformance

24         with the approved plans and the applicable

25         codes.

26  

27         (13)  If the local building official determines that

28  the building construction or plans do not comply with the

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

30  for a certificate of occupancy or certificate of completion,

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

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

 2  determines that the such noncompliance poses an immediate a

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

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

 5  meet with the private provider within 2 business days to

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

 7  providing notice to the applicant denying a permit or request

 8  for a certificate of occupancy or certificate of completion.

 9         (b)  If the local building official and private

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

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

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

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

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

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

16  the commission as provided by this chapter.

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

18  decisions regarding the issuance of a building permit,

19  certificate of occupancy, or certificate of completion may be

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

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

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

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

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

25  the commission's next scheduled meeting.

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

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

28  laws, rules, procedures, policies, qualifications, or

29  standards more stringent than those prescribed by this

30  section.

31  

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 1         (b)  A local enforcement agency, local building

 2  official, or local government may establish, for private

 3  providers and duly authorized representatives working within

 4  that jurisdiction, a system of registration to verify

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

 6  and the insurance requirements of subsection (16).

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

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

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

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

11  that a condition on the building site constitutes an immediate

12  threat to public safety and welfare.

13         (18)  Each local building code enforcement agency may

14  audit the performance of building code inspection services by

15  private providers operating within the local jurisdiction.

16  Work on a building or structure may proceed after inspection

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

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

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

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

21  local building code enforcement agency.

22         Section 8.  Section 553.841, Florida Statutes, is

23  amended to read:

24         553.841  Building code education, mitigation, and

25  outreach program.--

26         (1)  The Legislature finds that knowledge and

27  understanding by persons licensed in the design and

28  construction industries of the importance and need for

29  complying with the Florida Building Code is vital to the

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

31  for mitigating damage caused by hurricanes to residents and

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

 2  Florida Building Code can be effective only if all

 3  participants in the design and construction industries

 4  maintain a thorough knowledge of the code and additions

 5  thereto which improve construction standards to protect

 6  against storm and other damage. Consequently, the Legislature

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

 8  education and outreach activities concerning compliance with

 9  the Florida Building Code and hurricane mitigation the

10  effectiveness of the building codes of this state depends on

11  the performance of all participants, as demonstrated through

12  knowledge of the codes and commitment to compliance with code

13  directives, and that to strengthen compliance by industry and

14  enforcement by government, a building code education and

15  outreach program is needed.

16         (2)  The Department of Community Affairs shall

17  administer a program, designated as the Florida Building Code

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

19  maintain education and outreach to persons required to comply

20  with the Florida Building Code and ensure consistent

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

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

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

24  operate a clearinghouse through which design, construction,

25  and building code enforcement licensees, suppliers, and

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

27  information relating to mitigation and facilitate repairs in

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

29  Building Code Education and Outreach Council to coordinate,

30  develop, and maintain education and outreach to ensure

31  administration and enforcement of the Florida Building Code.

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

 2  be provided by a private, nonprofit corporation under contract

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

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

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

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

 7  be an organization whose membership includes trade and

 8  professional organizations whose members consist primarily of

 9  persons and entities that are required to comply with the

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

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

12  selecting the private, nonprofit corporation for the program,

13  the department must give primary consideration to the

14  corporation's demonstrated experience and the ability to:

15         (a)  Develop and deliver building code-related

16  education, training, and outreach;

17         (b)  Directly access the majority of persons licensed

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

19  enforcement individually and through established statewide

20  trade and professional association networks;

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

22  outreach throughout the state. The clearinghouse must serve as

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

24  and enforce building codes and suppliers and consumers can

25  find each other in order to exchange information relating to

26  mitigation and facilitate repairs in the aftermath of a

27  natural disaster;

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

29  licensing regulatory boards, local building departments, and

30  the design and construction industries in order to improve its

31  education and outreach programs; and

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 1         (e)  Promote design and construction techniques and

 2  materials for mitigating hurricane damage at a Florida-based

 3  trade conference that includes participants from the broadest

 4  possible range of design and construction trades and

 5  professions, including from those private and public-sector

 6  entities having jurisdiction over building codes and design

 7  and construction licensure. The Building Code Education and

 8  Outreach Council shall be composed of the following members:

 9         (a)  Three representatives of the Florida Building

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

11  organization of persons with disabilities or a nationally

12  chartered organization of persons with disabilities having

13  chapters in this state, selected by the commission;

14         (b)  One representative of the Florida Building Code

15  Administrators and Inspectors Board, selected by that board;

16         (c)  One representative of the Construction Industry

17  Licensing Board, selected by that board;

18         (d)  One representative of the Electrical Contractors'

19  Licensing Board, selected by that board;

20         (e)  One representative of the Florida Board of

21  Professional Engineers, selected by that board;

22         (f)  One architect representative of the Board of

23  Architecture and Interior Design, selected by that board;

24         (g)  One interior designer representative of the Board

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

26         (h)  One representative of the Board of Landscape

27  Architecture, selected by that board;

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

29  Fire Marshal, selected by that office; and

30         (j)  One representative with experience and expertise

31  in K-12 public school construction.

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 1  

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

 3  and may be reappointed at the discretion of the appointing

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

 5  and shall serve a term of 1 year.

 6         (4)  The Building Code Education and Outreach Council

 7  shall meet in Tallahassee no more than semiannually. The

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

 9  such additional meetings shall be by telephone conference

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

11  appointing entity. The Department of Community Affairs shall

12  provide administrative support to the council; however, the

13  department may contract with an entity that has previous

14  experience with building code training, development, and

15  coordination to provide administrative support for the

16  council.

17         (5)  The Building Code Education and Outreach Council

18  shall:

19         (a)  Consider and determine any policies or procedures

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

21         (b)  Administer the provisions of this section.

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

23  should be expended for education and outreach.

24         (d)  Review all proposed subjects for advanced courses

25  concerning the Florida Building Code and recommend to the

26  commission any related subjects that should be approved for

27  advanced courses.

28         (4)(6)  The Building Code Education and Outreach

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

30  be developed:

31  

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

 2  advanced module coursework.

 3         (b)  Advanced modules designed for use by each

 4  profession.

 5         (c)  The core curriculum developed under this

 6  subsection must be approved by the commission and submitted to

 7  the Department of Business and Professional Regulation for

 8  approval. Advanced modules developed under this paragraph must

 9  be approved by the commission and submitted to the respective

10  boards for approval.

11         (5)(7)  The core curriculum shall cover the information

12  required to have all categories of participants appropriately

13  informed as to their technical and administrative

14  responsibilities in the effective execution of the code

15  process by all individuals currently licensed under part XII

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

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

18  curriculum shall be prerequisite to the advanced module

19  coursework for all licensees and shall be completed by

20  individuals licensed in all categories under part XII of

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

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

23  hours taken by licensees to complete this requirement shall

24  count toward fulfillment of required continuing education

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

26  or chapter 489.

27         (6)(8)  Each biennium, upon receipt of funds by the

28  Department of Community Affairs from the Construction Industry

29  Licensing Board and the Electrical Contractors' Licensing

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

31  department council shall determine the amount of funds

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 1  available for the Florida Building Code Compliance and

 2  Mitigation Program education and outreach projects from the

 3  proceeds of contractor licensing fees and identify, solicit,

 4  and accept funds from other sources for education and outreach

 5  projects.

 6         (7)(9)  If the funds collected for education and

 7  outreach projects provided through the Florida Building Code

 8  Compliance and Mitigation Program in any state fiscal year do

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

10  shall be carried forward and allocated for use during the

11  following fiscal year.

12         (8)  The Florida Building Commission shall provide by

13  rule for the accreditation of courses related to the Florida

14  Building Code by accreditors approved by the commission. The

15  commission shall establish qualifications of accreditors and

16  criteria for the accreditation of courses by rule. The

17  commission may revoke the accreditation of a course by an

18  accreditor if the accreditation is demonstrated to violate

19  this part or the rules of the commission.

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

21  subject areas or development of continuing education or

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

23         (10)  The commission shall consider and approve or

24  reject the recommendations made by the council for subjects

25  for education and outreach concerning the Florida Building

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

27  communicated to the council.

28         (11)  The commission shall adopt rules for establishing

29  procedures and criteria for the approval of advanced courses.

30  This section does not modify or eliminate the continuing

31  education course requirements or authority of any licensing

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

 2  or chapter 489.

 3         Section 9.  Paragraph (a) of subsection (5) and

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

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

 6         553.842  Product evaluation and approval.--

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

 8  systems of construction may be achieved by one of the

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

10  commission to approve the following categories of products:

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

12  shutters, and structural components as established by the

13  commission by rule.

14         (a)  Products for which the code establishes

15  standardized testing or comparative or rational analysis

16  methods shall be approved by submittal and validation of one

17  of the following reports or listings indicating that the

18  product or method or system of construction was evaluated to

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

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

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

22  Florida Building Code:

23         1.  A certification mark or listing of an approved

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

25  which the code designates standardized testing;

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

27         3.  A product evaluation report based upon testing or

28  comparative or rational analysis, or a combination thereof,

29  from an approved product evaluation entity; or

30         4.  A product evaluation report based upon testing or

31  comparative or rational analysis, or a combination thereof,

                                  25

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 1  developed and signed and sealed by a professional engineer or

 2  architect, licensed in this state.

 3  

 4  A product evaluation report or a certification mark or listing

 5  of an approved certification agency which demonstrates that

 6  the product or method or system of construction complies with

 7  the Florida Building Code for the purpose intended shall be

 8  equivalent to a test report and test procedure as referenced

 9  in the Florida Building Code.

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

11  by validation entities approved by the commission. The

12  commission shall adopt by rule criteria for approval of

13  validation entities, which shall be third-party entities

14  independent of the product's manufacturer and which shall

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

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

17  to be imposed against approved validation entities that

18  validate product applications in violation of this section or

19  rules adopted under this section.

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

21  standards that are equivalent to or more stringent than those

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

23  this state of the products that comply with the equivalent

24  standard.

25         Section 10.  Subsections (2) and (6) of section

26  633.081, Florida Statutes, are amended to read:

27         633.081  Inspection of buildings and equipment; orders;

28  firesafety inspection training requirements; certification;

29  disciplinary action.--The State Fire Marshal and her or his

30  agents shall, at any reasonable hour, when the department has

31  reasonable cause to believe that a violation of this chapter

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 1  or s. 509.215, or a rule promulgated thereunder, or a minimum

 2  firesafety code adopted by a local authority, may exist,

 3  inspect any and all buildings and structures which are subject

 4  to the requirements of this chapter or s. 509.215 and rules

 5  promulgated thereunder. The authority to inspect shall extend

 6  to all equipment, vehicles, and chemicals which are located

 7  within the premises of any such building or structure.

 8         (2)  Every firesafety inspection conducted pursuant to

 9  state or local firesafety requirements shall be by a person

10  certified as having met the inspection training requirements

11  set by the State Fire Marshal.  Such person shall:

12         (a)  Be a high school graduate or the equivalent as

13  determined by the department;

14         (b)  Not have been found guilty of, or having pleaded

15  guilty or nolo contendere to, a felony or a crime punishable

16  by imprisonment of 1 year or more under the law of the United

17  States, or of any state thereof, which involves moral

18  turpitude, without regard to whether a judgment of conviction

19  has been entered by the court having jurisdiction of such

20  cases;

21         (c)  Have her or his fingerprints on file with the

22  department or with an agency designated by the department;

23         (d)  Have good moral character as determined by the

24  department;

25         (e)  Be at least 18 years of age a resident of Florida;

26         (f)  Have satisfactorily completed the firesafety

27  inspector certification examination as prescribed by the

28  department; and

29         (g)1.  Have satisfactorily completed, as determined by

30  the department, a firesafety inspector training program of not

31  less than 200 hours, as established by the department and

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 1  administered by such agencies and institutions as approved by

 2  the department for the purpose of providing basic

 3  certification training for firesafety inspectors; or

 4         2.  Have received in another state training which is

 5  determined by the department to be at least equivalent to that

 6  required by the department for approved firesafety inspector

 7  education and training programs in this state.

 8         (6)  The State Fire Marshal may deny, refuse to renew,

 9  suspend, or revoke the certificate of a firesafety inspector

10  or special state firesafety inspector if it finds that any of

11  the following grounds exist:

12         (a)  Any cause for which issuance of a certificate

13  could have been refused had it then existed and been known to

14  the State Fire Marshal.

15         (b)  Violation of any provision of this chapter or any

16  rule or order of the State Fire Marshal.

17         (c)  Falsification of records relating to the

18  certificate.

19         (d)  Having been found guilty of or having pleaded

20  guilty or nolo contendere to a felony, whether or not a

21  judgment of conviction has been entered.

22         (e)  Failure to meet any of the renewal requirements.

23         (f)  Having been convicted of a crime in any

24  jurisdiction which directly relates to the practice of fire

25  code inspection, plan review, or administration.

26         (g)  Making or filing a report or record that the

27  certificateholder knows to be false, or knowingly inducing

28  another to file a false report or record, or knowingly failing

29  to file a report or record required by state or local law, or

30  knowingly impeding or obstructing such filing, or knowingly

31  inducing another person to impede or obstruct such filing.

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 1         (h)  Failing to properly enforce applicable fire codes

 2  or permit requirements within this state which the

 3  certificateholder knows are applicable by committing willful

 4  misconduct, gross negligence, gross misconduct, repeated

 5  negligence, or negligence resulting in a significant danger to

 6  life or property.

 7         (i)  Accepting labor, services, or materials at no

 8  charge or at a noncompetitive rate from any person who

 9  performs work that is under the enforcement authority of the

10  certificateholder and who is not an immediate family member of

11  the certificateholder. For the purpose of this paragraph, the

12  term "immediate family member" means a spouse, child, parent,

13  sibling, grandparent, aunt, uncle, or first cousin of the

14  person or the person's spouse or any person who resides in the

15  primary residence of the certificateholder.

16         Section 11.  Subsection (9) of section 633.521, Florida

17  Statutes, is amended, and subsection (11) is added to that

18  section, to read:

19         633.521  Certificate application and issuance; permit

20  issuance; examination and investigation of applicant.--

21         (9)  It is the intent of the Legislature that the

22  inspections and testing of automatic fire sprinkler systems

23  for detached one-family dwellings, detached two-family

24  dwellings, and mobile homes be accomplished by the owner, who

25  is responsible for requesting service from a contractor when

26  necessary. It is further intended that the NFPA-25 inspection

27  of exposed underground piping and any attached appurtenances

28  supplying a fire protection system be conducted by a

29  Contractor I or Contractor II.

30         (11)  It is intended that a certificateholder, or a

31  permitholder who is employed by a certificateholder, conduct

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 1  inspections required by this chapter. It is understood that

 2  after July 1, 2008, employee turnover may result in a

 3  depletion of personnel who are certified under the NICET

 4  Sub-field of Inspection and Testing of Fire Protection Systems

 5  Level II which is required for permitholders. The extensive

 6  training and experience necessary to achieve NICET Level II

 7  certification is recognized. A certificateholder may therefore

 8  obtain a provisional permit with an endorsement for

 9  inspection, testing, and maintenance of water-based fire

10  extinguishing systems for an employee if the employee has

11  initiated procedures for obtaining Level II certification from

12  the National Institute for Certification in Engineering

13  Technologies Sub-field of Inspection and Testing of Fire

14  Protection Systems and achieved Level I certification. After 2

15  years of provisional certification, the employee must have

16  achieved NICET Level II certification or cease performing

17  inspections requiring Level II certification. The provisional

18  permit is valid only for the 2 calendar years after the date

19  of issuance, may not be extended, and is not renewable. After

20  the initial 2-year provisional permit expires, the

21  certificateholder must wait 2 additional years before a new

22  provisional permit may be issued. The intent is to prohibit

23  the certificateholder from using employees who never reach

24  NICET Level II status by continuously obtaining provisional

25  permits.

26         Section 12.  Subsection (4) of section 633.537, Florida

27  Statutes, is amended to read:

28         633.537  Certificate; expiration; renewal; inactive

29  certificate; continuing education.--

30         (4)  The renewal period for the permit class is the

31  same as that for of the employing certificateholder. The

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 1  continuing education requirements for permitholders are what

 2  is required to maintain NICET Sub-field of Inspection and

 3  Testing of Fire Protection Systems Level II or higher

 4  certification plus 8 shall be 8 contact hours by June 30,

 5  2006. An additional 16 contact hours of continuing education

 6  is required by June 30, 2008, and during each biennial renewal

 7  period thereafter. The continuing education curriculum from

 8  July 1, 2005, until July 1, 2008, shall be the preparatory

 9  curriculum for NICET II certification; after July 1, 2008, the

10  technical curriculum is at the discretion of the State Fire

11  Marshal and may be used to meet the maintenance of NICET Level

12  II certification and 8 contact hours of continuing education

13  requirements. It is the responsibility of the permitholder to

14  maintain NICET II certification as a condition of permit

15  renewal after July 1, 2008.

16         Section 13.  The Florida Building Commission shall

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

18  the commission's technical advisory committee. The commission

19  shall take public comment on these modifications, including

20  the need for the modifications, how the modifications will

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

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

23  requirement of the code which the modifications seek to

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

25  commission may adopt or modify the modifications in response

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

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

28  the next edition of the Florida Building Code.

29         Section 14.  Evaluation of hurricane loss relativities

30  and resulting premium discounts; study required.--

31  

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 1         (1)  Contingent upon appropriations from the

 2  Legislature, the Florida Building Commission shall conduct a

 3  study updating the evaluation of loss relativities and

 4  resulting reasonable discounts, credits, and other rate

 5  differentials or appropriate reductions in deductibles for

 6  properties on which fixtures or construction techniques

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

 8  been installed or implemented. The fixtures or construction

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

10  activities that enhance roof strength, roof-covering

11  performance, roof-to-wall strength,

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

13  window, door, or skylight strength.

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

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

16  Financial Officer, the Commissioner of Insurance Regulation,

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

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

19  of the commission, the Office of Insurance Regulation shall

20  assist the commission with developing the scope and

21  methodology used to perform the study.

22         Section 15.  The Florida Building Commission shall, in

23  consultation with the Florida Energy Commission, the Building

24  Officials Association of Florida, the Florida Energy Office,

25  the Florida Home Builders Association, the Florida Association

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

27  stakeholders, review the Florida Energy Code for new building

28  construction. Specifically, the commission must evaluate the

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

30  for energy-efficiency levels for residential buildings,

31  identify cost-effective means to improve energy efficiency in

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 1  commercial buildings, and compare the findings to the

 2  International Energy Conservation Code and the American

 3  Society of Heating, Air Conditioning, and Refrigeration

 4  Engineers Standards 90.1 and 90.2. The commission must

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

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

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

 8  residential, commercial, and government buildings.

 9         Section 16.  The sum of $1 million is appropriated from

10  the Department of Community Affairs Operating Trust Fund for

11  the 2007-2008 fiscal year for the purpose of implementing and

12  administering s. 553.841, Florida Statutes, relating to

13  building code education, mitigation, and outreach programs.

14         Section 17.  The sum of $750,000 in nonrecurring funds

15  is appropriated from the Operating Trust Fund to the

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

17  for the purpose of implementing the study required by this

18  act.

19         Section 18.  This act shall take effect upon becoming a

20  law.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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

 3                                 

 4  The committee substitute for CS/SB 2836 creates an unnumbered
    section of Florida law relating to requirements the Florida
 5  Building Commission must meet before eliminating gravel and
    stone roofing systems from the Florida Building Code. The
 6  definition of "immediate threat to public safety and welfare"
    is revised to provide that the definition does not limit the
 7  authority of local building officials to issue a Notice of
    Corrective Action under certain circumstances.  The committee
 8  substitute revises requirements relating to certified
    firesafety inspectors, establishes grounds under which a
 9  firesafety inspector's license may be suspended or revoked,
    provides for a provisional permit program for inspections of
10  certain fire systems, and provides a time limit on such
    provisional permits.  Revisions to continuing education
11  requirements for fire inspector certificate holders and
    permitholders are provided.
12  
    The committee substitute provides a $1 million appropriation
13  from the Department of Community Affair's Operating Trust Fund
    for the implementation and administration of building
14  education, mitigation, and outreach programs. An additional
    appropriation of $750,000 is provided for a windstorm loss
15  mitigation study.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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