HB 697

1	A bill to be entitled
2	An act relating to the Florida Building Code; amending s.
3	553.73, F.S.; limiting authority of the Florida Building
4	Commission to modify certain proposals; prohibiting the
5	commission from rejecting Technical Advisory Committee
6	recommendations under certain circumstances; providing
7	requirements; expanding required codes to be included in
8	Florida Building Code updates; amending s. 553.74, F.S.;
9	revising requirements for selecting members of the
10	commission; expanding membership of the commission;
11	repealing s. 553.731, F.S., relating to wind-borne-debris
12	protection requirement; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Paragraph (d) of subsection (3) and paragraph
17	(a) of subsection (6) of section 553.73, Florida Statutes, are
18	amended to read:
19	553.73  Florida Building Code.--
20	(3)  The commission shall select from available national or
21	international model building codes, or other available building
22	codes and standards currently recognized by the laws of this
23	state, to form the foundation for the Florida Building Code. The
24	commission may modify the selected model codes and standards as
25	needed to accommodate the specific needs of this state.
26	Standards or criteria referenced by the selected model codes
27	shall be similarly incorporated by reference. If a referenced
28	standard or criterion requires amplification or modification to
29	be appropriate for use in this state, only the amplification or
30	modification shall be specifically set forth in the Florida
31	Building Code. The Florida Building Commission may approve
32	technical amendments to the code, subject to the requirements of
33	subsections (7) and (8), after the amendments have been subject
34	to the following conditions:
35	(d)  Any proposal may be modified by the commission to
36	correct scrivener's errors. However, the commission may not
37	reject a Technical Advisory Committee recommendation without
38	specificity and further review by the Technical Advisory
39	Committee and additional based on public testimony and evidence
40	from a public hearing held in accordance with chapter 120.
41
42	The commission shall incorporate within sections of the Florida
43	Building Code provisions which address regional and local
44	concerns and variations. The commission shall make every effort
45	to minimize conflicts between the Florida Building Code, the
46	Florida Fire Prevention Code, and the Life Safety Code.
47	(6)(a)  The commission, by rule adopted pursuant to ss.
48	120.536(1) and 120.54, shall update the Florida Building Code
49	every 3 years. When updating the Florida Building Code, the
50	commission shall select the most current version of the
51	International Building Code, the International Fuel Gas Code,
52	the International Mechanical Code, the International Plumbing
53	Code, the International Energy Conservation Code, and the
54	International Residential Code, all of which are adopted by the
55	International Code Council, and the National Electrical Code,
56	which is adopted by the National Fire Protection Association, to
57	form the foundation codes of the updated Florida Building Code,
58	if the version has been adopted by the applicable model code
59	entity and made available to the public at least 6 months prior
60	to its selection by the commission.
61	Section 2.  Subsection (1) of section 553.74, Florida
62	Statutes, is amended to read:
63	553.74  Florida Building Commission.--
64	(1)  The Florida Building Commission is created and shall
65	be located within the Department of Community Affairs for
66	administrative purposes. Members shall be appointed by the
67	Governor subject to confirmation by the Senate. The commission
68	shall be composed of 24 23 members, consisting of the following:
69	(a)  One architect registered to practice in this state and
70	actively engaged in the profession, selected from a list of
71	three candidates provided by the American Institute of
72	Architects, Florida Section.
73	(b)  One structural engineer registered to practice in this
74	state and actively engaged in the profession, selected from a
75	list of three candidates provided by the Florida Engineering
76	Society.
77	(c)  One air-conditioning or mechanical contractor
78	certified to do business in this state and actively engaged in
79	the profession, selected from a list of three candidates
80	provided by the Florida Air Conditioning Contractors Association
81	and the Florida Refrigeration and Air Conditioning Contractors
82	Association.
83	(d)  One electrical contractor certified to do business in
84	this state and actively engaged in the profession, selected from
85	a list of three candidates provided by the Florida Electrical
86	Contractors Association.
87	(e)  One member from fire protection engineering or
88	technology who is actively engaged in the profession, selected
89	from a list of three candidates provided by the Florida Chapter
90	of the Society of Fire Protection Engineers and the Florida Fire
91	Marshals and Inspectors Association.
92	(f)  One general contractor certified to do business in
93	this state and actively engaged in the profession, selected from
94	a list of three candidates provided by the Associated Builders
95	and Contractors of Florida and the Florida Associated General
96	Contractors Council.
97	(g)  One plumbing contractor licensed to do business in
98	this state and actively engaged in the profession, selected from
99	a list of three candidates provided by the Florida Association
100	of Plumbing, Heating, and Cooling Contractors.
101	(h)  One roofing or sheet metal contractor certified to do
102	business in this state and actively engaged in the profession,
103	selected from a list of three candidates provided by the Florida
104	Roofing, Sheet Metal and Air Conditioning Contractors
105	Association.
106	(i)  One residential contractor licensed to do business in
107	this state and actively engaged in the profession, selected from
108	a list of three candidates provided by the Florida Home Builders
109	Association.
110	(j)  Three members who are municipal or district codes
111	enforcement officials, two of whom shall be selected from a list
112	of four candidates provided by the Building Officials
113	Association of Florida and one of whom is also a fire official,
114	selected from a list of three candidates provided by the Florida
115	Fire Marshals and Inspectors Association.
116	(k)  One member who represents the Department of Financial
117	Services.
118	(l)  One member who is a county codes enforcement official,
119	selected from a list of three candidates provided by the
120	Building Officials Association of Florida.
121	(m)  One member of a Florida-based organization of persons
122	with disabilities or a nationally chartered organization of
123	persons with disabilities with chapters in this state.
124	(n)  One member of the manufactured buildings industry who
125	is licensed to do business in this state and is actively engaged
126	in the industry, selected from a list of three candidates
127	provided by the Florida Manufactured Housing Association.
128	(o)  One mechanical or electrical engineer registered to
129	practice in this state and actively engaged in the profession,
130	selected from a list of three candidates provided by the Florida
131	Engineering Society.
132	(p)  One member who is a representative of a municipality
133	or a charter county, selected from a list of three candidates
134	provided by the Florida League of Cities and Florida Association
135	of Counties.
136	(q)  One member of the building products manufacturing
137	industry who is authorized to do business in this state and is
138	actively engaged in the industry, selected from a list of three
139	candidates provided by the Florida Building Material
140	Association, Florida Concrete and Products Association, and
141	Fenestration Manufacturers Association.
142	(r)  One member who is a representative of the building
143	owners and managers industry who is actively engaged in
144	commercial building ownership or management, selected from a
145	list of three candidates provided by the Building Owners and
146	Managers Association.
147	(s)  One member who is a representative of the insurance
148	industry, selected from a list of three candidates provided by
149	the Florida Insurance Council.
150	(t)  One member who is a representative of public
151	education.
152	(u)  One member who is a swimming pool contractor licensed
153	to do business in this state and actively engaged in the
154	profession, selected from a list of three candidates provided by
155	the Florida Swimming Pool Association.
156	(v)(u)  One member who shall be the chair.
157
158	Any person serving on the commission under paragraph (c) or
159	paragraph (h) on October 1, 2003, and who has served less than
160	two full terms is eligible for reappointment to the commission
161	regardless of whether he or she meets the new qualification.
162	Section 3.  Section 553.731, Florida Statutes, is repealed.
163	Section 4.  This act shall take effect July 1, 2008.

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