Senate Bill sb2836er

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  1                                 

  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 Electric Code; requiring the

10         commission to make certain determinations

11         before eliminating gravel and stone roofing

12         systems; amending s. 468.609, F.S.; increasing

13         the number of days a newly employed person can

14         be a plan examiner or building inspector

15         without certification; amending s. 553.73,

16         F.S.; authorizing the commission to approve

17         certain amendments to the code; amending s.

18         553.775, F.S.; providing that, upon written

19         application by substantially affected persons,

20         the Florida Building Commission must issue, or

21         cause to be issued, a formal interpretation of

22         the code; amending s. 553.791, F.S.; defining

23         terms; requiring that certain forms be signed

24         at the completion of a required inspection;

25         requiring that a deficiency notice be posted at

26         the job site whenever an element is found to be

27         not in conformance with the building code or

28         the permitting documents; providing for

29         corrective actions; prohibiting the charging of

30         certain fees; amending s. 553.841, F.S.;

31         providing legislative intent regarding


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 1         education and outreach for understanding the

 2         Florida Building Code; requiring the Department

 3         of Community Affairs to administer a compliance

 4         and mitigation program; requiring that the

 5         compliance and mitigation program be provided

 6         by a private, nonprofit corporation under

 7         contract with the department; requiring the

 8         department to consider certain criteria when

 9         selecting the corporation; deleting a

10         requirement that the commission approve certain

11         advanced modules; requiring the commission to

12         provide certain courses to accredit persons

13         subject to the building code; authorizing the

14         commission to adopt rules; amending s. 553.842,

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

16         authorizing the commission to impose penalties

17         for violation of the product validation

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

19         the requirement that a certified firesafety

20         inspector be a resident of Florida; requiring

21         that a firesafety inspector be 18 years of age

22         or older; establishing grounds under which an

23         inspector's license may be suspended or

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

25         for provisional permits for inspectors of

26         certain fire protection systems; providing a

27         time limitation for such permits; amending s.

28         633.537, F.S.; revising continuing education

29         requirements; requiring the commission to

30         review certain modifications recommended by the

31         commission's technical advisory committee;


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 1         authorizing the commission to adopt or modify

 2         the modifications in response to public

 3         comments; authorizing the commission to adopt

 4         provisions preserving the use of gravel roof

 5         systems; directing the commission to work with

 6         others to review the Florida Energy Code and to

 7         compare that code to other energy efficiency

 8         codes; requiring the commission to deliver a

 9         report to the Legislature by a specified date;

10         providing an appropriation; providing an

11         effective date.

12  

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

14  

15         Section 1.  The Florida Building Commission shall

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

17  which relate to bonding and grounding systems for swimming

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

19  a method for bonding and grounding systems which is an

20  alternative to what is permitted by the National Electrical

21  Code. The commission is further authorized to integrate that

22  alternative method into the 2007 edition of the Florida

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

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

25  alternate method for bonding and grounding systems for

26  swimming pools, the use of an underground bonding conductor

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

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

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

30  spa, is deemed a permissible alternative or equivalent to

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


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 1  (2005), NFPA No. 70, adopted by reference within the Florida

 2  Building Code.

 3         Section 2.  (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 3.  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 4.  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 5.  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 6.  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  of 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 which

18  states the reason for the order and the conditions under which

19  the cited work will be permitted to resume.

20         (2)  Notwithstanding any other provision of law or

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

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

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

24  private provider to provide building code inspection services

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

26  directly to the private provider for the provision of such

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

28  contract between the private provider, or the private

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

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

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


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

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

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

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

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

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

 7  provide required building inspections.

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

 9  private provider to provide building code inspection services

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

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

12  first scheduled inspection by the local building official or

13  building code enforcement agency for a private provider

14  performing required inspections of construction under this

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

16  notice shall include the following information:

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

18  provider.

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

20  facsimile number of each private provider who is performing or

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

22  certification number, qualification statements or resumes,

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

24  of insurance demonstrating that professional liability

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

26  firm, the private provider, and any duly authorized

27  representative in the amounts required by this section.

28         (c)  An acknowledgment from the fee owner in

29  substantially the following form:

30  

31  


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 1         I have elected to use one or more private

 2         providers to provide building code plans review

 3         and/or inspection services on the building or

 4         structure that is the subject of the enclosed

 5         permit application, as authorized by s.

 6         553.791, Florida Statutes. I understand that

 7         the local building official may not review the

 8         plans submitted or perform the required

 9         building inspections to determine compliance

10         with the applicable codes, except to the extent

11         specified in said law. Instead, plans review

12         and/or required building inspections will be

13         performed by licensed or certified personnel

14         identified in the application. The law requires

15         minimum insurance requirements for such

16         personnel, but I understand that I may require

17         more insurance to protect my interests. By

18         executing this form, I acknowledge that I have

19         made inquiry regarding the competence of the

20         licensed or certified personnel and the level

21         of their insurance and am satisfied that my

22         interests are adequately protected. I agree to

23         indemnify, defend, and hold harmless the local

24         government, the local building official, and

25         their building code enforcement personnel from

26         any and all claims arising from my use of these

27         licensed or certified personnel to perform

28         building code inspection services with respect

29         to the building or structure that is the

30         subject of the enclosed permit application.

31  


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

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

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

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

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

 6  a duly authorized representative named in the permit

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

 8  building code enforcement agency shall not charge a fee for

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

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

11  the commencement of construction and updated within 1 business

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

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

14  facsimile number of each private provider who is performing or

15  will perform building code inspection services, the type of

16  service being performed, and similar information for the

17  primary contact of the private provider on the project.

18         (8)  A private provider performing required inspections

19  under this section shall inspect each phase of construction as

20  required by the applicable codes. The private provider shall

21  be permitted to send a duly authorized representative to the

22  building site to perform the required inspections, provided

23  all required reports and certifications are prepared by and

24  bear the signature of the private provider or the private

25  provider's duly authorized representative. The duly authorized

26  representative must be an employee of the private provider

27  entitled to receive unemployment compensation benefits under

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

29  are not relieved by any action of the private provider.

30         (9)  A private provider performing required inspections

31  under this section shall provide notice to the local building


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 1  official of the date and approximate time of any such

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

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

 4  building official in that jurisdiction.  The local building

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

 6  verify that the private provider is performing all required

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

 8  site by the private provider, the duly authorized

 9  representative of the private provider, or the building

10  department whenever a noncomplying item related to the

11  building code or the permitted documents is found. After

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

13  private provider or 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's inspection or for any other administrative matter

18  not involving the detection of a violation of the building

19  code or a permit requirement.

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         (13)  If the local building official determines that

29  the building construction or plans do not comply with the

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

31  for a certificate of occupancy or certificate of completion,


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

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

 3  determines that the such noncompliance poses an immediate a

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

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

 6  meet with the private provider within 2 business days to

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

 8  providing notice to the applicant denying a permit or request

 9  for a certificate of occupancy or certificate of completion.

10         (b)  If the local building official and private

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

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

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

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

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

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

17  the commission as provided by this chapter.

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

19  decisions regarding the issuance of a building permit,

20  certificate of occupancy, or certificate of completion may be

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

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

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

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

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

26  the commission's next scheduled meeting.

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

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

29  laws, rules, procedures, policies, qualifications, or

30  standards more stringent than those prescribed by this

31  section.


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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 7.  Section 553.841, Florida Statutes, is

23  amended to read:

24         553.841  Building code compliance and mitigation

25  program education and 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 Florida

 2  Building Code Compliance and Mitigation Program must be

 3  provided by a private, nonprofit corporation under contract

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

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

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

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

 8  be an organization whose membership includes trade and

 9  professional organizations whose members consist primarily of

10  persons and entities that are required to comply with the

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

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

13  selecting the private, nonprofit corporation for the program,

14  the department must give primary consideration to the

15  corporation's demonstrated experience and the ability to:

16         (a)  Develop and deliver building code-related

17  education, training, and outreach;

18         (b)  Directly access the majority of persons licensed

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

20  enforcement individually and through established statewide

21  trade and professional association networks;

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

23  outreach throughout the state. The clearinghouse must serve as

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

25  and enforce building codes and suppliers and consumers can

26  find each other in order to exchange information relating to

27  mitigation and facilitate repairs in the aftermath of a

28  natural disaster;

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

30  licensing regulatory boards, local building departments, and

31  


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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         (4)(6)  The department, in administering the Florida

31  Building Code Compliance and Mitigation Program, Building Code


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 1  Education and Outreach Council shall maintain, update,

 2  develop, or cause to be developed:

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

 4  advanced module coursework.

 5         (b)  Advanced modules designed for use by each

 6  profession.

 7         (c)  The core curriculum developed under this

 8  subsection must be approved by the commission and submitted to

 9  the Department of Business and Professional Regulation for

10  approval. Advanced modules developed under this paragraph must

11  be approved by the commission and submitted to the respective

12  boards for approval.

13         (5)(7)  The core curriculum shall cover the information

14  required to have all categories of participants appropriately

15  informed as to their technical and administrative

16  responsibilities in the effective execution of the code

17  process by all individuals currently licensed under part XII

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

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

20  curriculum shall be prerequisite to the advanced module

21  coursework for all licensees and shall be completed by

22  individuals licensed in all categories under part XII of

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

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

25  hours taken by licensees to complete this requirement shall

26  count toward fulfillment of required continuing education

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

28  or chapter 489.

29         (6)(8)  Each biennium, upon receipt of funds by the

30  Department of Community Affairs from the Construction Industry

31  Licensing Board and the Electrical Contractors' Licensing


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

 2  department council shall determine the amount of funds

 3  available for the Florida Building Code Compliance and

 4  Mitigation Program education and outreach projects from the

 5  proceeds of contractor licensing fees and identify, solicit,

 6  and accept funds from other sources for education and outreach

 7  projects.

 8         (7)(9)  If the funds collected for education and

 9  outreach projects provided through the Florida Building Code

10  Compliance and Mitigation Program in any state fiscal year do

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

12  shall be carried forward and allocated for use during the

13  following fiscal year.

14         (8)  The Florida Building Commission shall provide by

15  rule for the accreditation of courses related to the Florida

16  Building Code by accreditors approved by the commission. The

17  commission shall establish qualifications of accreditors and

18  criteria for the accreditation of courses by rule. The

19  commission may revoke the accreditation of a course by an

20  accreditor if the accreditation is demonstrated to violate

21  this part or the rules of the commission.

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

23  subject areas or development of continuing education or

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

25         (10)  The commission shall consider and approve or

26  reject the recommendations made by the council for subjects

27  for education and outreach concerning the Florida Building

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

29  communicated to the council.

30         (11)  The commission shall adopt rules for establishing

31  procedures and criteria for the approval of advanced courses.


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 1  This section does not modify or eliminate the continuing

 2  education course requirements or authority of any licensing

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

 4  or chapter 489.

 5         Section 8.  Paragraph (a) of subsection (5) and

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

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

 8         553.842  Product evaluation and approval.--

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

10  systems of construction may be achieved by one of the

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

12  commission to approve the following categories of products:

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

14  shutters, and structural components as established by the

15  commission by rule.

16         (a)  Products for which the code establishes

17  standardized testing or comparative or rational analysis

18  methods shall be approved by submittal and validation of one

19  of the following reports or listings indicating that the

20  product or method or system of construction was evaluated to

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

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

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

24  Florida Building Code:

25         1.  A certification mark or listing of an approved

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

27  which the code designates standardized testing;

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

29         3.  A product evaluation report based upon testing or

30  comparative or rational analysis, or a combination thereof,

31  from an approved product evaluation entity; or


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 1         4.  A product evaluation report based upon testing or

 2  comparative or rational analysis, or a combination thereof,

 3  developed and signed and sealed by a professional engineer or

 4  architect, licensed in this state.

 5  

 6  A product evaluation report or a certification mark or listing

 7  of an approved certification agency which demonstrates that

 8  the product or method or system of construction complies with

 9  the Florida Building Code for the purpose intended shall be

10  equivalent to a test report and test procedure as referenced

11  in the Florida Building Code.

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

13  by validation entities approved by the commission. The

14  commission shall adopt by rule criteria for approval of

15  validation entities, which shall be third-party entities

16  independent of the product's manufacturer and which shall

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

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

19  to be imposed against approved validation entities that

20  validate product applications in violation of this section or

21  rules adopted under this section.

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

23  standards that are equivalent to or more stringent than those

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

25  this state of the products that comply with the equivalent

26  standard.

27         Section 9.  Subsections (2) and (6) of section 633.081,

28  Florida Statutes, are amended to read:

29         633.081  Inspection of buildings and equipment; orders;

30  firesafety inspection training requirements; certification;

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


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

 2  reasonable cause to believe that a violation of this chapter

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

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

 5  inspect any and all buildings and structures which are subject

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

 7  promulgated thereunder. The authority to inspect shall extend

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

 9  within the premises of any such building or structure.

10         (2)  Every firesafety inspection conducted pursuant to

11  state or local firesafety requirements shall be by a person

12  certified as having met the inspection training requirements

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

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

15  determined by the department;

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

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

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

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

20  turpitude, without regard to whether a judgment of conviction

21  has been entered by the court having jurisdiction of such

22  cases;

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

24  department or with an agency designated by the department;

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

26  department;

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

28         (f)  Have satisfactorily completed the firesafety

29  inspector certification examination as prescribed by the

30  department; and

31  


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

 2  the department, a firesafety inspector training program of not

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

 4  administered by such agencies and institutions as approved by

 5  the department for the purpose of providing basic

 6  certification training for firesafety inspectors; or

 7         2.  Have received in another state training which is

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

 9  required by the department for approved firesafety inspector

10  education and training programs in this state.

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

12  suspend, or revoke the certificate of a firesafety inspector

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

14  the following grounds exist:

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

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

17  the State Fire Marshal.

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

19  rule or order of the State Fire Marshal.

20         (c)  Falsification of records relating to the

21  certificate.

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

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

24  judgment of conviction has been entered.

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

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

27  jurisdiction which directly relates to the practice of fire

28  code inspection, plan review, or administration.

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

30  certificateholder knows to be false, or knowingly inducing

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


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

 2  knowingly impeding or obstructing such filing, or knowingly

 3  inducing another person to impede or obstruct such filing.

 4         (h)  Failing to properly enforce applicable fire codes

 5  or permit requirements within this state which the

 6  certificateholder knows are applicable by committing willful

 7  misconduct, gross negligence, gross misconduct, repeated

 8  negligence, or negligence resulting in a significant danger to

 9  life or property.

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

11  charge or at a noncompetitive rate from any person who

12  performs work that is under the enforcement authority of the

13  certificateholder and who is not an immediate family member of

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

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

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

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

18  primary residence of the certificateholder.

19         Section 10.  Subsection (9) of section 633.521, Florida

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

21  section, to read:

22         633.521  Certificate application and issuance; permit

23  issuance; examination and investigation of applicant.--

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

25  inspections and testing of automatic fire sprinkler systems

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

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

28  is responsible for requesting service from a contractor when

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

30  of exposed underground piping and any attached appurtenances

31  


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 1  supplying a fire protection system be conducted by a

 2  Contractor I or Contractor II.

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

 4  permitholder who is employed by a certificateholder, conduct

 5  inspections required by this chapter. It is understood that

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

 7  depletion of personnel who are certified under the NICET

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

 9  Level II which is required for permitholders. The extensive

10  training and experience necessary to achieve NICET Level II

11  certification is recognized. A certificateholder may therefore

12  obtain a provisional permit with an endorsement for

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

14  extinguishing systems for an employee if the employee has

15  initiated procedures for obtaining Level II certification from

16  the National Institute for Certification in Engineering

17  Technologies Sub-field of Inspection and Testing of Fire

18  Protection Systems and achieved Level I certification. After 2

19  years of provisional certification, the employee must have

20  achieved NICET Level II certification or cease performing

21  inspections requiring Level II certification. The provisional

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

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

24  the initial 2-year provisional permit expires, the

25  certificateholder must wait 2 additional years before a new

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

27  the certificateholder from using employees who never reach

28  NICET Level II status by continuously obtaining provisional

29  permits.

30         Section 11.  Subsection (4) of section 633.537, Florida

31  Statutes, is amended to read:


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 1         633.537  Certificate; expiration; renewal; inactive

 2  certificate; continuing education.--

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

 4  same as that for of the employing certificateholder. The

 5  continuing education requirements for permitholders are what

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

 7  Testing of Fire Protection Systems Level II or higher

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

 9  2006. An additional 16 contact hours of continuing education

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

11  period thereafter. The continuing education curriculum from

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

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

14  technical curriculum is at the discretion of the State Fire

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

16  II certification and 8 contact hours of continuing education

17  requirements. It is the responsibility of the permitholder to

18  maintain NICET II certification as a condition of permit

19  renewal after July 1, 2008.

20         Section 12.  The Florida Building Commission shall

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

22  the commission's technical advisory committee. The commission

23  shall take public comment on these modifications, including

24  the need for the modifications, how the modifications will

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

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

27  requirement of the code which the modifications seek to

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

29  commission may adopt or modify the modifications in response

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

31  


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

 2  the next edition of the Florida Building Code.

 3         Section 13.  The Florida Building Commission shall, in

 4  consultation with the Florida Energy Commission, the Building

 5  Officials Association of Florida, the Florida Energy Office,

 6  the Florida Home Builders Association, the Florida Association

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

 8  stakeholders, review the Florida Energy Code for new building

 9  construction. Specifically, the commission must evaluate the

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

11  for energy-efficiency levels for residential buildings,

12  identify cost-effective means to improve energy efficiency in

13  commercial buildings, and compare the findings to the

14  International Energy Conservation Code and the American

15  Society of Heating, Air Conditioning, and Refrigeration

16  Engineers Standards 90.1 and 90.2. The commission must

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

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

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

20  residential, commercial, and government buildings.

21         Section 14.  The sum of $1 million is appropriated from

22  the Department of Community Affairs Operating Trust Fund for

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

24  administering s. 553.841, Florida Statutes, relating to the

25  Florida Building Code Compliance and Mitigation Program.

26         Section 15.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  


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