CS/HB 589

1	A bill to be entitled
2	An act relating to the Florida Building Commission;
3	requiring the commission to review the requirements in the
4	National Electrical Code which relate to bonding and
5	grounding systems for swimming pools; authorizing the
6	commission to adopt a rule for bonding and grounding which
7	is an alterative to that of the National Electrical Code;
8	providing legislative findings relating to retrofitting
9	buildings to prevent hurricane and storm damage; requiring
10	the commission to consider the costs and benefits of
11	mitigation techniques before adopting a rule; requiring
12	the commission to develop and adopt within the Florida
13	Building Code appropriate mitigation techniques to use in
14	retrofitting buildings constructed before code
15	implementation; amending s. 553.73, F.S.; revising
16	authority of the commission to approve certain code
17	amendments; amending s. 553.775, F.S.; requiring the
18	commission to issue formal interpretations of the code
19	under certain circumstances; amending s. 553.791, F.S.;
20	providing additional definitions; revising certain
21	services contract requirements; revising contract provider
22	or services disclosure requirements; revising private
23	provider construction inspection requirements; requiring
24	the posting of a deficiency notice at a job site under
25	certain circumstances; providing for corrective actions;
26	prohibiting the charging of certain fees; requiring the
27	signing of certain forms upon inspection completion;
28	requiring the signing and sealing of a certificate of
29	compliance; limiting authority of local building officials
30	to take certain actions for certain noncompliance;
31	revising provisions relating to prohibiting local adoption
32	or enforcement of more stringent laws, rules, procedures,
33	policies, qualifications, or standards; amending s.
34	553.841, F.S.; providing legislative findings; requiring
35	the Department of Community Affairs to administer an
36	education and outreach program; requiring that the
37	education and outreach program be provided by a private,
38	nonprofit corporation under contract with the department;
39	requiring the department to consider certain criteria when
40	selecting the corporation; deleting provisions relating to
41	the Building Code Education and Outreach Council;
42	providing program requirements; transferring duties and
43	responsibilities of the council to the department;
44	requiring the commission to provide by rule for
45	accreditation of certain courses relating to the building
46	code; requiring the commission to establish qualification
47	of accreditors and criteria for accreditation of courses;
48	providing for revocation of accreditation; providing
49	application; amending s. 553.842, F.S.; revising
50	provisions relating to product evaluation and approval;
51	authorizing the commission to adopt by rule a schedule of
52	penalties for violations of product applications;
53	authorizing the commission to identify certain standards
54	by rule; requiring the commission to review certain
55	modifications recommended by the commission's technical
56	advisory committee; authorizing the commission to adopt or
57	modify the modifications in response to public comments;
58	requiring the commission to update an evaluation of
59	certain hurricane loss relativities and resulting
60	insurance premium discounts relating to mitigation of
61	property loss; requiring the commission to prepare and
62	submit a report; providing report requirements; requiring
63	the commission to review the Florida Energy Code and to
64	compare that code to other energy efficiency codes;
65	requiring the commission to prepare and submit a report to
66	the Legislature by a specified date; providing
67	appropriations; providing an effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  The Florida Building Commission shall review
72	the requirements in the National Electrical Code (2005) which
73	relate to bonding and grounding systems for swimming pools. The
74	commission may adopt a rule authorizing the use of a method for
75	bonding and grounding systems which is an alternative to that
76	permitted by the National Electrical Code. The commission may
77	integrate such alternative method into the 2007 edition of the
78	Florida Building Code, notwithstanding the requirements of s.
79	553.73, Florida Statutes. Until the commission adopts a rule for
80	an alternate method for bonding and grounding systems for
81	swimming pools, the use of an underground bonding conductor made
82	of a single #8 AWG bare solid copper wire buried to a minimum
83	depth of 4 inches to 6 inches below subgrade, and 18 inches to
84	24 inches from inside the wall of a swimming pool or spa, is
85	deemed a permissible alternative or equivalent to compliance
86	with s. 680.26(c) of the National Electrical Code (2005), NFPA
87	No. 70, adopted by reference within the Florida Building Code.
88	Section 2.  (1)  The Legislature finds that the results of
89	recent hurricanes striking this state have demonstrated the
90	effectiveness of the Florida Building Code for reducing property
91	damage for buildings constructed in accordance with the
92	requirements of the code. The Legislature also finds that such
93	storms have called attention to the vulnerability of some
94	buildings constructed before the code was implemented. The
95	Legislature also finds that the destructive effects of
96	hurricanes represent a continuing threat to the health, safety,
97	and welfare of the residents of this state and affect insurance
98	rates in the state. The Legislature additionally finds that
99	mitigating property damage constitutes a valid and recognized
100	objective of the Florida Building Code. The Legislature further
101	finds that retrofitting buildings built before the code was
102	implemented with proven construction methods and materials set
103	forth in the code is cost-effective and a benefit to the state
104	as a whole.
105	(2)  The Florida Building Commission shall:
106	(a)  Consider the extent to which a proposed code provision
107	will mitigate property damage to buildings and their contents
108	when evaluating whether the proposed code provision should be
109	adopted. If the proposed code provision applies only to the
110	mitigation of property damage and cannot be demonstrated to
111	significantly affect life-safety issues for persons, the
112	proposed code provision must be evaluated by its measurable
113	benefits when compared to the costs the proposed code provision
114	would impose if adopted as a rule.
115	(b)  Develop and adopt within the Florida Building Code the
116	appropriate mitigation techniques to use to retrofit buildings
117	constructed before the code was implemented. The commission
118	shall consider, but not be limited to:
119	1.  Prescriptive techniques for installing gable-end
120	bracing.
121	2.  Secondary water barriers for roofs and standards
122	relating to secondary water barriers. The criteria may include,
123	but are not limited to, roof shape, slope, and composition of
124	all elements of the roof system and the cost-effectiveness of
125	the secondary water barrier.
126	3.  Prescriptive means and criteria to improve roof-to-wall
127	connections.
128	4.  Requirements that roof-fastener deficiencies must be
129	corrected when exposed during reroofing.
130
131	If the commission finds that the cost to retrofit an existing
132	building to meet the requirements of the code exceeds the cost
133	of applying the code to new construction, the commission shall
134	authorize the use of alternative, less expensive means to
135	retrofit existing buildings.
136	Section 3.  Subsection (7) of section 553.73, Florida
137	Statutes, as amended by chapter 2007-1, Laws of Florida, is
138	amended to read:
139	553.73  Florida Building Code.--
140	(7)  Upon the conclusion of a triennial update to the
141	Florida Building Code, Notwithstanding the provisions of
142	subsection (3) or subsection (6), the commission may address
143	issues identified in this subsection by amending the code
144	pursuant only to the rule adoption procedures contained in
145	chapter 120. Provisions of the Florida Building Code, including
146	those contained in referenced standards and criteria, relating
147	to wind resistance or the prevention of water intrusion may not
148	be amended pursuant to this subsection to diminish those
149	construction requirements; however, the commission may, subject
150	to conditions in this subsection, amend the provisions to
151	enhance those construction requirements. Following the approval
152	of any amendments to the Florida Building Code by the commission
153	and publication of the amendments on the commission's website,
154	authorities having jurisdiction to enforce the Florida Building
155	Code may enforce the amendments. The commission may approve
156	amendments that are needed to address:
157	(a)  Conflicts within the updated code;
158	(b)  Conflicts between the updated code and the Florida
159	Fire Prevention Code adopted pursuant to chapter 633;
160	(c)  The omission of previously adopted Florida-specific
161	amendments to the updated code if such omission is not supported
162	by a specific recommendation of a technical advisory committee
163	or particular action by the commission; or
164	(d)  Unintended results from the integration of previously
165	adopted Florida-specific amendments with the model code; or
166	(e)  Changes to federal or state law.
167	Section 4.  Paragraph (h) is added to subsection (3) of
168	section 553.775, Florida Statutes, to read:
169	553.775  Interpretations.--
170	(3)  The following procedures may be invoked regarding
171	interpretations of the Florida Building Code:
172	(h)  Upon written application by any substantially affected
173	person, contractor, or designer, or a group representing a
174	substantially affected person, contractor, or designer, the
175	commission shall issue or cause to be issued a formal
176	interpretation of the Florida Building Code as prescribed by
177	paragraph (c).
178	Section 5.  Subsections (1), (2), (4), (8), (9), (10),
179	(11), (13), and (15) of section 553.791, Florida Statutes, are
180	amended to read:
181	553.791  Alternative plans review and inspection.--
182	(1)  As used in this section, the term:
183	(a)  "Applicable codes" means the Florida Building Code and
184	any local technical amendments to the Florida Building Code but
185	does not include the applicable minimum fire prevention and
186	firesafety codes adopted pursuant to chapter 633.
187	(b)  "Audit" means the process of confirming that building
188	code inspection services have been performed by a private
189	provider, including ensuring that the required affidavit for
190	plan review has been properly completed and affixed to permit
191	documents and that minimum mandatory inspections required under
192	the building code have been performed and properly recorded. The
193	term does not mean that a local building official is required to
194	replicate the plan review or inspection being performed by the
195	private provider.
196	(c)(b)  "Building" means any construction, erection,
197	alteration, demolition, or improvement of, or addition to, any
198	structure for which permitting by a local enforcement agency is
199	required.
200	(d)(c)  "Building code inspection services" means those
201	services described in s. 468.603(6) and (7) involving the review
202	of building plans to determine compliance with applicable codes
203	and those inspections required by law of each phase of
204	construction for which permitting by a local enforcement agency
205	is required to determine compliance with applicable codes.
206	(e)(d)  "Duly authorized representative" means an agent of
207	the private provider identified in the permit application who
208	reviews plans or performs inspections as provided by this
209	section and who is licensed as an engineer under chapter 471 or
210	as an architect under chapter 481 or who holds a standard
211	certificate under part XII of chapter 468.
212	(f)  "Immediate threat to public safety and welfare" means
213	a building code violation that, if allowed to persist,
214	constitutes an immediate hazard that could result in death,
215	serious bodily injury, or significant property damage.
216	(g)(e)  "Local building official" means the individual
217	within the governing jurisdiction responsible for direct
218	regulatory administration or supervision of plans review,
219	enforcement, and inspection of any construction, erection,
220	alteration, demolition, or substantial improvement of, or
221	addition to, any structure for which permitting is required to
222	indicate compliance with applicable codes and includes any duly
223	authorized designee of such person.
224	(h)(f)  "Permit application" means a properly completed and
225	submitted application for the requested building or construction
226	permit, including:
227	1.  The plans reviewed by the private provider.
228	2.  The affidavit from the private provider required under
229	pursuant to subsection (6).
230	3.  Any applicable fees.
231	4.  Any documents required by the local building official
232	to determine that the fee owner has secured all other government
233	approvals required by law.
234	(i)(g)  "Private provider" means a person licensed as an
235	engineer under chapter 471 or as an architect under chapter 481.
236	For purposes of performing inspections under this section for
237	additions and alterations that are limited to 1,000 square feet
238	or less to residential buildings, the term "private provider"
239	also includes a person who holds a standard certificate under
240	part XII of chapter 468.
241	(j)(h)  "Request for certificate of occupancy or
242	certificate of completion" means a properly completed and
243	executed application for:
244	1.  A certificate of occupancy or certificate of
245	completion.
246	2.  A certificate of compliance from the private provider
247	required under pursuant to subsection (11).
248	3.  Any applicable fees.
249	4.  Any documents required by the local building official
250	to determine that the fee owner has secured all other government
251	approvals required by law.
252	(k)  "Stop-work order" means the issuance of any written
253	statement, written directive, or written order to stop work on a
254	project and further stating the conditions under which the cited
255	work will be permitted to resume.
256	(2)  Notwithstanding any other provision of law or local
257	government ordinance or local policy, the fee owner of a
258	building or structure, or the fee owner's contractor upon
259	written authorization from the fee owner, may choose to use a
260	private provider to provide building code inspection services
261	with regard to such building or structure and may make payment
262	directly to the private provider for the provision of such
263	services. All such services shall be the subject of a written
264	contract between the private provider, or the private provider's
265	firm, and the fee owner or the fee owner's contractor, upon
266	written authorization of the fee owner. The fee owner may elect
267	to use a private provider to provide plans review or required
268	building inspections, or both. However, if the fee owner or the
269	fee owner's contractor uses a private provider to provide plans
270	review, the local building official, in his or her discretion
271	and pursuant to duly adopted policies of the local enforcement
272	agency, may require the fee owner or the fee owner's contractor
273	to use a private provider to also provide required building
274	inspections.
275	(4)  A fee owner or the fee owner's contractor using a
276	private provider to provide building code inspection services
277	shall notify the local building official at the time of permit
278	application, or no less than 7 business days prior to the first
279	scheduled inspection by the local building official or building
280	code enforcement agency for a private provider performing
281	required inspections of construction under this section, on a
282	form to be adopted by the commission. This notice shall include
283	the following information:
284	(a)  The services to be performed by the private provider.
285	(b)  The name, firm, address, telephone number, and
286	facsimile number of each private provider who is performing or
287	will perform such services, his or her professional license or
288	certification number, qualification statements or resumes, and,
289	if required by the local building official, a certificate of
290	insurance demonstrating that professional liability insurance
291	coverage is in place for the private provider's firm, the
292	private provider, and any duly authorized representative in the
293	amounts required by this section.
294	(c)  An acknowledgment from the fee owner in substantially
295	the following form:
296
297
298	I have elected to use one or more private providers to provide
299	building code plans review and/or inspection services on the
300	building or structure that is the subject of the enclosed permit
301	application, as authorized by s. 553.791, Florida Statutes. I
302	understand that the local building official may not review the
303	plans submitted or perform the required building inspections to
304	determine compliance with the applicable codes, except to the
305	extent specified in said law. Instead, plans review and/or
306	required building inspections will be performed by licensed or
307	certified personnel identified in the application. The law
308	requires minimum insurance requirements for such personnel, but
309	I understand that I may require more insurance to protect my
310	interests. By executing this form, I acknowledge that I have
311	made inquiry regarding the competence of the licensed or
312	certified personnel and the level of their insurance and am
313	satisfied that my interests are adequately protected. I agree to
314	indemnify, defend, and hold harmless the local government, the
315	local building official, and their building code enforcement
316	personnel from any and all claims arising from my use of these
317	licensed or certified personnel to perform building code
318	inspection services with respect to the building or structure
319	that is the subject of the enclosed permit application.
320
321	If the fee owner or the fee owner's contractor makes any changes
322	to the listed private providers or the services to be provided
323	by those private providers, the fee owner or the fee owner's
324	contractor shall, within 1 business day after any change, update
325	the notice to reflect such changes. A change of a duly
326	authorized representative named in the permit application does
327	not require a revision of the permit, and the building code
328	enforcement agency may not charge a fee for making the change.
329	In addition, the fee owner or the fee owner's contractor shall
330	post at the project site, prior to the commencement of
331	construction and updated within 1 business day after any change,
332	on a form to be adopted by the commission, the name, firm,
333	address, telephone number, and facsimile number of each private
334	provider who is performing or will perform building code
335	inspection services, the type of service being performed, and
336	similar information for the primary contact of the private
337	provider on the project.
338	(8)  A private provider performing required inspections
339	under this section shall inspect each phase of construction as
340	required by the applicable codes. The private provider shall be
341	permitted to send a duly authorized representative to the
342	building site to perform the required inspections, provided all
343	required reports and certifications are prepared by and bear the
344	signature of the private provider or the private provider's duly
345	authorized representative. The duly authorized representative
346	must be an employee of the private provider entitled to receive
347	unemployment compensation benefits under chapter 443. The
348	contractor's contractual or legal obligations are not relieved
349	by any action of the private provider.
350	(9)  A private provider performing required inspections
351	under this section shall provide notice to the local building
352	official of the date and approximate time of any such inspection
353	no later than the prior business day by 2 p.m. local time or by
354	any later time permitted by the local building official in that
355	jurisdiction. The local building official may visit the building
356	site as often as necessary to verify that the private provider
357	is performing all required inspections. A deficiency notice
358	shall be posted at the job site by the private provider, a duly
359	authorized representative of the private provider, or the
360	building department whenever a nonconforming item is found to
361	exist relating to the building code or permitted documents.
362	Corrections shall be made by the appropriate party and the
363	nonconforming item shall be reinspected by the private provider
364	or a duly authorized representative of the private provider
365	before being concealed. Reinspection or reaudit fees may not be
366	charged by the local jurisdiction as a result of the local
367	jurisdiction's audit inspection occurring before the performance
368	of the private provider's inspection or for any other
369	administrative matter not involving the detection of a building
370	code violation or permit plan nonconformance issue.
371	(10)  Upon completing the required inspections at each
372	applicable phase of construction, the private provider shall
373	record such inspections on a form acceptable to the local
374	building official. The form must be signed by the private
375	provider or the private provider's duly authorized
376	representative. These inspection records shall reflect those
377	inspections required by the applicable codes of each phase of
378	construction for which permitting by a local enforcement agency
379	is required. The private provider, before leaving the project
380	site, shall post each completed inspection record, indicating
381	pass or fail, at the site and provide the record to the local
382	building official within 2 business days. The local building
383	official may waive the requirement to provide a record of each
384	inspection within 2 business days if the record is posted at the
385	project site and all such inspection records are submitted with
386	the certificate of compliance. Records of all required and
387	completed inspections shall be maintained at the building site
388	at all times and made available for review by the local building
389	official. The private provider shall report to the local
390	enforcement agency any condition that poses an immediate threat
391	to public safety and welfare.
392	(11)  Upon completion of all required inspections, the
393	private provider shall prepare a certificate of compliance, on a
394	form acceptable to the local building official, summarizing the
395	inspections performed and including a written representation,
396	under oath, that the stated inspections have been performed and
397	that, to the best of the private provider's knowledge and
398	belief, the building construction inspected complies with the
399	approved plans and applicable codes. The statement required of
400	the private provider shall be substantially in the following
401	form and shall be signed and sealed by a private provider as
402	established in subsection (1):
403
404
405	To the best of my knowledge and belief, the building components
406	and site improvements outlined herein and inspected under my
407	authority have been completed in conformance with the approved
408	plans and the applicable codes.
409	(13)  If the local building official determines that the
410	building construction or plans do not comply with the applicable
411	codes, the official may deny the permit or request for a
412	certificate of occupancy or certificate of completion, as
413	appropriate, or may issue a stop-work order for the project or
414	any portion thereof as provided by law, if the official
415	determines that the such noncompliance poses an immediate a
416	threat to public safety and welfare, subject to the following:
417	(a)  The local building official shall be available to meet
418	with the private provider within 2 business days to resolve any
419	dispute after issuing a stop-work order or providing notice to
420	the applicant denying a permit or request for a certificate of
421	occupancy or certificate of completion.
422	(b)  If the local building official and private provider
423	are unable to resolve the dispute, the matter shall be referred
424	to the local enforcement agency's board of appeals, if one
425	exists, which shall consider the matter at its next scheduled
426	meeting or sooner. Any decisions by the local enforcement
427	agency's board of appeals, or local building official if there
428	is no board of appeals, may be appealed to the commission as
429	provided by this chapter.
430	(c)  Notwithstanding any provision of this section, any
431	decisions regarding the issuance of a building permit,
432	certificate of occupancy, or certificate of completion may be
433	reviewed by the local enforcement agency's board of appeals, if
434	one exists. Any decision by the local enforcement agency's board
435	of appeals, or local building official if there is no board of
436	appeals, may be appealed to the commission as provided by this
437	chapter, which shall consider the matter at the commission's
438	next scheduled meeting.
439	(15)(a)  A No local enforcement agency, local building
440	official, or local government may not adopt or enforce any laws,
441	rules, procedures, policies, qualifications, or standards more
442	stringent than those prescribed by this section.
443	(b)  A local enforcement agency, local building official,
444	or local government may establish, for private providers and
445	duly authorized representatives working within that
446	jurisdiction, a system of registration to verify compliance with
447	the licensure requirements of paragraph (1)(g) and the insurance
448	requirements of subsection (16).
449	(c)  Nothing in This section does not limit limits the
450	authority of the local building official to issue a stop-work
451	order for a building project or any portion of the project such
452	order, as provided by law, if the official determines that a
453	condition on the building site constitutes an immediate threat
454	to public safety and welfare.
455	Section 6.  Section 553.841, Florida Statutes, is amended
456	to read:
457	553.841  Building code education, mitigation, and outreach
458	program.--
459	(1)  The Legislature finds that knowledge and understanding
460	by persons licensed in the design and construction industries of
461	the importance and need for complying with the Florida Building
462	Code are vital to the public health, safety, and welfare of this
463	state, especially for mitigating damage caused by hurricanes to
464	residents and visitors to the state. The Legislature further
465	finds that the Florida Building Code can be effective only if
466	all participants in the design and construction industries
467	maintain a thorough knowledge of the code and additions to the
468	code which improve construction standards to protect against
469	storm and other damage. Consequently, the Legislature finds that
470	there is a need for a program to provide ongoing education and
471	outreach activities concerning compliance with the Florida
472	Building Code and hurricane mitigation.
473	(2)  The Department of Community Affairs shall administer a
474	program, designated as the Florida Building Code Compliance and
475	Mitigation Program, to develop, coordinate, and maintain
476	education and outreach to persons required to comply with the
477	Florida Building Code and ensure consistent education, training,
478	and communication of the code's requirements, including, but not
479	limited to, methods for mitigating storm-related damage. The
480	program may achieve these objectives in part by promoting design
481	and construction techniques and materials for mitigating
482	hurricane damage at trade conferences based in this state. The
483	program shall also operate a clearinghouse through which design,
484	construction, and building code enforcement licensees,
485	suppliers, and consumers in this state may locate other
486	licensees, suppliers, and consumers in order to exchange
487	information relating to mitigation and facilitate repairs in the
488	aftermath of a natural disaster.
489	(3)  All services and materials under the program shall be
490	provided by a private, nonprofit corporation under contract with
491	the department. The term of the contract shall be for 4 years,
492	with the option of a single 4-year renewal at the end of the
493	contract term. The initial contract shall be in effect no later
494	than November 1, 2007. The private, nonprofit corporation must
495	be an organization whose membership includes trade and
496	professional organizations whose members consist primarily of
497	persons and entities that are required to comply with the
498	Florida Building Code and are licensed under part XII of chapter
499	468, chapter 471, chapter 481, or chapter 489. When selecting
500	the private, nonprofit corporation for the program, the
501	department shall give primary consideration to the corporation's
502	demonstrated experience and the ability to:
503	(a)  Develop and deliver building code-related education,
504	training, and outreach.
505	(b)  Directly access the majority of persons licensed in
506	the occupations of design, construction, and building code
507	enforcement individually and through established statewide trade
508	and professional association networks.
509	(c)  Serve as a clearinghouse to deliver education and
510	outreach throughout the state. The clearinghouse shall serve as
511	a focal point at which persons licensed to design, construct,
512	and enforce building codes and suppliers and consumers can
513	locate other such persons, suppliers, and consumers in order to
514	exchange information relating to mitigation and facilitate
515	repairs in the aftermath of a natural disaster.
516	(d)  Accept input from the Florida Building Commission,
517	licensing regulatory boards, local building departments, and the
518	design and construction industries in order to improve its
519	education and outreach programs.
520	(e)  Promote design and construction techniques and
521	materials for mitigating hurricane damage at a trade conference
522	based in this state that includes participants from the broadest
523	possible range of design and construction trades and
524	professions, including from those private and public-sector
525	entities having jurisdiction over building codes and design and
526	construction licensure.
527	(1)  The Legislature finds that the effectiveness of the
528	building codes of this state depends on the performance of all
529	participants, as demonstrated through knowledge of the codes and
530	commitment to compliance with code directives, and that to
531	strengthen compliance by industry and enforcement by government,
532	a building code education and outreach program is needed.
533	(2)  There is created the Building Code Education and
534	Outreach Council to coordinate, develop, and maintain education
535	and outreach to ensure administration and enforcement of the
536	Florida Building Code.
537	(3)  The Building Code Education and Outreach Council shall
538	be composed of the following members:
539	(a)  Three representatives of the Florida Building
540	Commission, one of whom must be a member of a Florida-based
541	organization of persons with disabilities or a nationally
542	chartered organization of persons with disabilities having
543	chapters in this state, selected by the commission;
544	(b)  One representative of the Florida Building Code
545	Administrators and Inspectors Board, selected by that board;
546	(c)  One representative of the Construction Industry
547	Licensing Board, selected by that board;
548	(d)  One representative of the Electrical Contractors'
549	Licensing Board, selected by that board;
550	(e)  One representative of the Florida Board of
551	Professional Engineers, selected by that board;
552	(f)  One architect representative of the Board of
553	Architecture and Interior Design, selected by that board;
554	(g)  One interior designer representative of the Board of
555	Architecture and Interior Design, selected by that board;
556	(h)  One representative of the Board of Landscape
557	Architecture, selected by that board;
558	(i)  One representative from the office of the State Fire
559	Marshal, selected by that office; and
560	(j)  One representative with experience and expertise in K-
561	12 public school construction.
562
563	Each member of the board shall be appointed to a 2-year term and
564	may be reappointed at the discretion of the appointing body. A
565	chair shall be elected by majority vote of the council and shall
566	serve a term of 1 year.
567	(4)  The Building Code Education and Outreach Council shall
568	meet in Tallahassee no more than semiannually. The council may
569	meet more often but not more than monthly, and such additional
570	meetings shall be by telephone conference call. Travel costs, if
571	any, shall be borne by the respective appointing entity. The
572	Department of Community Affairs shall provide administrative
573	support to the council; however, the department may contract
574	with an entity that has previous experience with building code
575	training, development, and coordination to provide
576	administrative support for the council.
577	(5)  The Building Code Education and Outreach Council
578	shall:
579	(a)  Consider and determine any policies or procedures
580	needed to administer ss. 489.109(3) and 489.509(3).
581	(b)  Administer the provisions of this section.
582	(c)  Determine the areas of priority for which funds should
583	be expended for education and outreach.
584	(d)  Review all proposed subjects for advanced courses
585	concerning the Florida Building Code and recommend to the
586	commission any related subjects that should be approved for
587	advanced courses.
588	(4)(6)  The Florida Building Code Compliance Education and
589	Mitigation Program Outreach Council shall maintain, update,
590	develop, or cause to be developed:
591	(a)  A core curriculum that is prerequisite to the advanced
592	module coursework.
593	(b)  Advanced modules designed for use by each profession.
594	(c)  The core curriculum developed under this subsection
595	must be approved by the commission and submitted to the
596	Department of Business and Professional Regulation for approval.
597	Advanced modules developed under this paragraph must be approved
598	by the commission and submitted to the respective boards for
599	approval.
600	(5)(7)  The core curriculum shall cover the information
601	required to have all categories of participants appropriately
602	informed as to their technical and administrative
603	responsibilities in the effective execution of the code process
604	by all individuals currently licensed under part XII of chapter
605	468, chapter 471, chapter 481, or chapter 489, except as
606	otherwise provided in s. 471.017. The core curriculum shall be
607	prerequisite to the advanced module coursework for all licensees
608	and shall be completed by individuals licensed in all categories
609	under part XII of chapter 468, chapter 471, chapter 481, or
610	chapter 489 within the first 2-year period after initial
611	licensure. Core course hours taken by licensees to complete this
612	requirement shall count toward fulfillment of required
613	continuing education units under part XII of chapter 468,
614	chapter 471, chapter 481, or chapter 489.
615	(6)(8)  Each biennium, upon receipt of funds by the
616	Department of Community Affairs from the Construction Industry
617	Licensing Board and the Electrical Contractors' Licensing Board
618	provided under ss. 489.109(3) and 489.509(3), the department
619	council shall determine the amount of funds available for the
620	Florida Building Code Compliance and Mitigation Program
621	education and outreach projects from the proceeds of contractor
622	licensing fees and identify, solicit, and accept funds from
623	other sources for education and outreach projects.
624	(7)(9)  If the funds collected for education and outreach
625	projects provided through the Florida Building Code Compliance
626	and Mitigation Program in any state fiscal year do not require
627	the use of all available funds, the unused funds shall be
628	carried forward and allocated for use during the following
629	fiscal year.
630	(8)  The Florida Building Commission shall provide by rule
631	for the accreditation of courses related to the Florida Building
632	Code by accreditors approved by the commission. The commission
633	shall establish qualifications of accreditors and criteria for
634	the accreditation of courses by rule. The commission may revoke
635	the accreditation of a course by an accreditor if the
636	accreditation is demonstrated to violate this part or the rules
637	of the commission.
638	(9)  This section does not prohibit or limit the subject
639	areas provided or the development of continuing education or
640	training on the Florida Building Code by any qualified entity.
641	(10)  The commission shall consider and approve or reject
642	the recommendations made by the council for subjects for
643	education and outreach concerning the Florida Building Code. Any
644	rejection must be made with specificity and must be communicated
645	to the council.
646	(11)  The commission shall adopt rules for establishing
647	procedures and criteria for the approval of advanced courses.
648	This section does not modify or eliminate the continuing
649	education course requirements or authority of any licensing
650	board under part XII of chapter 468, chapter 471, chapter 481,
651	or chapter 489.
652	Section 7.  Paragraph (a) of subsection (5) and subsection
653	(7) of section 553.842, Florida Statutes, are amended, and
654	subsection (16) is added to that section, to read:
655	553.842  Product evaluation and approval.--
656	(5)  Statewide approval of products, methods, or systems of
657	construction may be achieved by one of the following methods.
658	One of these methods must be used by the commission to approve
659	the following categories of products: panel walls, exterior
660	doors, roofing, skylights, windows, shutters, and structural
661	components as established by the commission by rule.
662	(a)  Products for which the code establishes standardized
663	testing or comparative or rational analysis methods shall be
664	approved by submittal and validation of one of the following
665	reports or listings indicating that the product or method or
666	system of construction was evaluated to be in compliance with
667	the Florida Building Code and that the product or method or
668	system of construction is, for the purpose intended, at least
669	equivalent to that required by the Florida Building Code:
670	1.  A certification mark or listing of an approved
671	certification agency, which may be used only for products for
672	which the code designates standardized testing;
673	2.  A test report from an approved testing laboratory;
674	3.  A product evaluation report based upon testing or
675	comparative or rational analysis, or a combination thereof, from
676	an approved product evaluation entity; or
677	4.  A product evaluation report based upon testing or
678	comparative or rational analysis, or a combination thereof,
679	developed and signed and sealed by a professional engineer or
680	architect, licensed in this state.
681
682	A product evaluation report or a certification mark or listing
683	of an approved certification agency which demonstrates that the
684	product or method or system of construction complies with the
685	Florida Building Code for the purpose intended shall be
686	equivalent to a test report and test procedure as referenced in
687	the Florida Building Code.
688	(7)  For state approvals, validation shall be performed by
689	validation entities approved by the commission. The commission
690	shall adopt by rule criteria for approval of validation
691	entities, which shall be third-party entities independent of the
692	product's manufacturer and which shall certify to the commission
693	the product's compliance with the code. The commission may adopt
694	by rule a schedule of penalties to be imposed against approved
695	validation entities that validate product applications in
696	violation of this section or rules adopted under this section.
697	(16)  The commission may adopt a rule that identifies
698	standards that are equivalent to or more stringent than those
699	specifically adopted by the code for purposes of allowing the
700	use in this state of the products that comply with the
701	equivalent standard.
702	Section 8.  The Florida Building Commission shall review
703	modifications 2151, 2152, 2153, and 2492 reviewed by the
704	commission's technical advisory committee. The commission shall
705	seek and receive public comments on these modifications,
706	including the need for the modifications, how the modifications
707	will affect the health, safety, and welfare of the residents of
708	this state, and the continuing need for any requirement of the
709	code specific to this state which the modifications seek to
710	repeal. Notwithstanding s. 553.73, Florida Statutes, the
711	commission may adopt or modify the modifications in response to
712	the public comments subject only to the rule-adoption procedures
713	of chapter 120, Florida Statutes, for inclusion in the next
714	edition of the Florida Building Code.
715	Section 9.  Evaluation of hurricane loss relativities and
716	resulting premium discounts; study required.--
717	(1)  Contingent upon appropriations by the Legislature, the
718	Florida Building Commission shall conduct a study updating the
719	evaluation of loss relativities and resulting reasonable
720	discounts, credits, and other rate differentials or appropriate
721	reductions in deductibles for properties on which fixtures or
722	construction techniques demonstrated to reduce the amount of
723	loss in a windstorm have been installed or implemented. The
724	fixtures or construction techniques must include, but are not
725	limited to, those activities that enhance roof strength; roof-
726	covering performance; roof-to-wall strength; wall-to-floor-to-
727	foundation strength; opening protection; and window, door, or
728	skylight strength.
729	(2)  The commission shall prepare a report on the results
730	of the study and submit the report to the Governor, the Chief
731	Financial Officer, the Commissioner of Insurance Regulation, the
732	President of the Senate, and the Speaker of the House of
733	Representatives no later than March 1, 2008. Upon the request of
734	the commission, the Office of Insurance Regulation shall assist
735	the commission in developing the scope and methodology used to
736	perform the study.
737	Section 10.  The Florida Building Commission shall, in
738	consultation with the Florida Energy Commission, the Building
739	Officials Association of Florida, the Florida Energy Office, the
740	Florida Home Builders Association, the Florida Association of
741	Counties, the Florida League of Cities, and other stakeholders,
742	review the Florida Energy Code for new building construction.
743	Specifically, the commission shall evaluate the analysis of the
744	cost-effectiveness that serves as the basis for energy
745	efficiency levels for residential buildings; identify cost-
746	effective means to improve energy efficiency in commercial
747	buildings; and compare the findings to the International Energy
748	Conservation Code and the American Society of Heating, Air
749	Conditioning, and Refrigeration Engineers Standards 90.1 and
750	90.2. The commission shall complete and present a report to the
751	President of the Senate and the Speaker of the House of
752	Representatives no later than March 1, 2008. The report must
753	include a new energy efficiency standard that may be adopted for
754	the construction of all new residential, commercial, and
755	government buildings.
756	Section 11.  The sum of $1 million is appropriated from the
757	Operating Trust Fund within the Department of Community Affairs
758	for the 2007-2008 fiscal year for the purposes of implementing
759	and administering s. 553.841, Florida Statutes, relating to
760	building code education, mitigation, and outreach programs.
761	Section 12.  The sum of $750,000 in nonrecurring funds is
762	appropriated from the Operating Trust Fund within the Department
763	of Community Affairs for the 2007-2008 fiscal year for the
764	purpose of implementing the study required by section 9 of this
765	act.
766	Section 13.  This act shall take effect upon becoming a
767	law.

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