| 1 | A bill to be entitled |
| 2 | An act relating to building standards; amending s. |
| 3 | 489.105, F.S.; revising the definition of the term |
| 4 | "roofing contractor"; creating s. 489.1138, F.S.; |
| 5 | providing definitions; requiring a tower crane to be |
| 6 | certified in order to be operated; requiring a person to |
| 7 | be certified in order to operate a tower crane on |
| 8 | construction projects; providing applicable standards; |
| 9 | specifying duties of contractors; providing penalties; |
| 10 | authorizing persons in training for certification to |
| 11 | operate tower cranes under direct supervision of a |
| 12 | certified tower crane operator; creating s. 489.1139, |
| 13 | F.S.; preempting the regulation of tower cranes and tower |
| 14 | crane operators to the state; amending s. 553.36, F.S.; |
| 15 | revising the definition of the term "manufactured |
| 16 | building" to include modular buildings and factory-built |
| 17 | buildings; amending s. 553.37, F.S.; revising requirements |
| 18 | that the Florida Building Commission adopt requirements |
| 19 | for construction or modification of manufactured |
| 20 | buildings; requiring the Department of Community Affairs |
| 21 | to adopt certain rules relating to manufactured buildings; |
| 22 | transferring certain responsibilities from the commission |
| 23 | to the department; requiring the department to develop an |
| 24 | insignia to be affixed to newly constructed manufactured |
| 25 | buildings; authorizing the department to charge a fee for |
| 26 | the insignia; providing requirements for the insignia; |
| 27 | requiring the department to develop minimum criteria for a |
| 28 | manufacturer's data plate; amending s. 553.381, F.S.; |
| 29 | revising the department's authority to conform; |
| 30 | authorizing the department to establish certain fees by |
| 31 | rule; amending s. 553.415, F.S.; requiring the department |
| 32 | to require that an insignia and manufacturer's data plate |
| 33 | be affixed to certain school buildings; providing |
| 34 | requirements for the data plate; requiring under certain |
| 35 | circumstances manufacturers or the department to affix the |
| 36 | insignia and data plate; amending s. 553.71, F.S.; |
| 37 | providing a definition of the term "temporary;" amending |
| 38 | s. 553.73, F.S.; expanding the list of required codes to |
| 39 | be included in the Florida Building Code as foundation |
| 40 | codes; expanding authority of the commission to approve |
| 41 | amendments to the Florida Building Code; amending s. |
| 42 | 553.74., F.S.; specifying entities encouraged to recommend |
| 43 | candidate lists for consideration as members of the |
| 44 | commission; increasing membership of the commission; |
| 45 | deleting obsolete provisions; amending s. 553.75, F.S.; |
| 46 | authorizing the commission to use communications media |
| 47 | technology in conducting certain meetings; providing for |
| 48 | requirements for public comment at commission meetings; |
| 49 | amending s. 553.775, F.S.; authorizing the commission to |
| 50 | render certain accessibility declaratory statements; |
| 51 | amending s. 553.80, F.S.; revising enforcement |
| 52 | requirements for construction regulations for certain |
| 53 | facilities; amending s. 553.844, F.S.; revising |
| 54 | requirements for criteria for mitigation techniques |
| 55 | adopted by the commission; specifying certain roof |
| 56 | retrofitting requirements; amending s. 553.885, F.S.; |
| 57 | requiring the installation of carbon monoxide detectors in |
| 58 | certain new hospitals, hospice facilities, and nursing |
| 59 | homes; amending s. 627.351, F.S.; specifying that certain |
| 60 | buildings or structures must meet certain coastal |
| 61 | construction line setbacks to be eligible for Citizens |
| 62 | Property Insurance coverage; repealing s. 553.731 F.S., |
| 63 | relating to wind-borne debris protection requirements; |
| 64 | providing for construction and interpretation of the |
| 65 | repeal; providing effective dates. |
| 66 |
|
| 67 | Be It Enacted by the Legislature of the State of Florida: |
| 68 |
|
| 69 | Section 1. Paragraph (e) of subsection (3) of section |
| 70 | 489.105, Florida Statutes, is amended to read: |
| 71 | 489.105 Definitions.--As used in this part: |
| 72 | (3) "Contractor" means the person who is qualified for, |
| 73 | and shall only be responsible for, the project contracted for |
| 74 | and means, except as exempted in this part, the person who, for |
| 75 | compensation, undertakes to, submits a bid to, or does himself |
| 76 | or herself or by others construct, repair, alter, remodel, add |
| 77 | to, demolish, subtract from, or improve any building or |
| 78 | structure, including related improvements to real estate, for |
| 79 | others or for resale to others; and whose job scope is |
| 80 | substantially similar to the job scope described in one of the |
| 81 | subsequent paragraphs of this subsection. For the purposes of |
| 82 | regulation under this part, "demolish" applies only to |
| 83 | demolition of steel tanks over 50 feet in height; towers over 50 |
| 84 | feet in height; other structures over 50 feet in height, other |
| 85 | than buildings or residences over three stories tall; and |
| 86 | buildings or residences over three stories tall. Contractors are |
| 87 | subdivided into two divisions, Division I, consisting of those |
| 88 | contractors defined in paragraphs (a)-(c), and Division II, |
| 89 | consisting of those contractors defined in paragraphs (d)-(q): |
| 90 | (e) "Roofing contractor" means a contractor whose services |
| 91 | are unlimited in the roofing trade and who has the experience, |
| 92 | knowledge, and skill to install, maintain, repair, alter, |
| 93 | extend, or design, when not prohibited by law, and use materials |
| 94 | and items used in the installation, maintenance, extension, and |
| 95 | alteration of all kinds of roofing, waterproofing, and coating, |
| 96 | except when coating is not represented to protect, repair, |
| 97 | waterproof, stop leaks, or extend the life of the roof. The |
| 98 | scope of work of a roofing contractor also includes required |
| 99 | roof-deck attachments and any repair or replacement of wood roof |
| 100 | sheathing or fascia as needed during roof repair or replacement. |
| 101 | Section 2. Effective July 1, 2009, section 489.1138, |
| 102 | Florida Statutes, is created to read: |
| 103 | 489.1138 Certification of tower cranes and tower crane |
| 104 | operators.-- |
| 105 | (1) DEFINITIONS.--As used in this section: |
| 106 | (a) "Tower crane" means a nonmobile, power-operated |
| 107 | hoisting machine used in construction, maintenance, demolition, |
| 108 | or excavation work that has a power-operated winch, load-line, |
| 109 | and boom moving laterally. A tower crane is a temporary |
| 110 | structure and is not subject to building codes or other |
| 111 | provisions of law, rule, or ordinance applicable to permanent |
| 112 | structures. |
| 113 | (b) "Tower crane operator" means a person engaged in |
| 114 | operating a tower crane. |
| 115 | (2) CERTIFICATION OF TOWER CRANES.--A tower crane may be |
| 116 | operated in this state only if the tower crane has been |
| 117 | certified to meet the American Society of Mechanical Engineers |
| 118 | standards for construction tower cranes, ASME B30.3-2004, as |
| 119 | modified by American Society of Civil Engineers standard ASCE |
| 120 | 37-02. Certification must be from a certification organization |
| 121 | that meets the standards of the American National Standards |
| 122 | Institute, the American Society of Mechanical Engineers, or the |
| 123 | accreditation requirements of the National Commission for |
| 124 | Certifying Agencies. |
| 125 | (3) CERTIFICATION OF TOWER CRANE OPERATORS.--A person may |
| 126 | operate a tower crane on a construction project only if he or |
| 127 | she is certified as a crane operator by the National Commission |
| 128 | for the Certification of Crane Operators. |
| 129 | (4) DUTIES OF CONTRACTORS.--For each construction project |
| 130 | for which a contractor is responsible under this part, the |
| 131 | contractor shall produce a list identifying the certified tower |
| 132 | cranes and certified tower crane operators used on the project |
| 133 | and identifying the qualified personnel supervising the |
| 134 | erection, modification, and dismantling of each tower crane used |
| 135 | on the project. The contractor shall maintain this list for the |
| 136 | duration of the construction project and shall provide the list |
| 137 | to the department pursuant to any investigation for a violation |
| 138 | of this part. |
| 139 | (5) PENALTIES.--Any person licensed under this part who |
| 140 | intentionally violates subsection (2) or subsection (3) is |
| 141 | subject to discipline pursuant to ss. 455.227 and 489.129. |
| 142 | (6) OPERATION OF TOWER CRANES BY TRAINEES UNDER |
| 143 | SUPERVISION.--Notwithstanding the certification requirements of |
| 144 | this section, a person undergoing training for the purpose of |
| 145 | qualifying for tower crane operator certification pursuant to |
| 146 | this section may operate a tower crane if such person is under |
| 147 | the direct supervision of a tower crane operator who holds a |
| 148 | current and valid certification to operate the tower crane |
| 149 | operated by such person. |
| 150 | Section 3. Section 489.1139, Florida Statutes, is created |
| 151 | to read: |
| 152 | 489.1139 Preemption.--The regulation of tower cranes and |
| 153 | tower crane operators is expressly preempted to the state and no |
| 154 | county, municipality, or other political subdivision shall enact |
| 155 | or enforce any ordinance relating to matters within the scope of |
| 156 | this section and s. 489.1138. |
| 157 | Section 4. Subsection (13) of section 553.36, Florida |
| 158 | Statutes, is amended to read: |
| 159 | 553.36 Definitions.--The definitions contained in this |
| 160 | section govern the construction of this part unless the context |
| 161 | otherwise requires. |
| 162 | (13) "Manufactured building," "modular building," or |
| 163 | "factory-built building" means a closed structure, building |
| 164 | assembly, or system of subassemblies, which may include |
| 165 | structural, electrical, plumbing, heating, ventilating, or other |
| 166 | service systems manufactured in manufacturing facilities for |
| 167 | installation or erection as a finished building or as part of a |
| 168 | finished building, which shall include, but not be limited to, |
| 169 | residential, commercial, institutional, storage, and industrial |
| 170 | structures. The term includes buildings not intended for human |
| 171 | habitation such as lawn storage buildings and storage sheds |
| 172 | manufactured and assembled offsite by a manufacturer certified |
| 173 | in conformance with this part. This part does not apply to |
| 174 | mobile homes. |
| 175 | Section 5. Section 553.37, Florida Statutes, is amended to |
| 176 | read: |
| 177 | 553.37 Rules; inspections; and insignia.-- |
| 178 | (1) The Florida Building Commission shall adopt within the |
| 179 | Florida Building Code requirements for construction or |
| 180 | modification of manufactured buildings and building modules, to |
| 181 | address: |
| 182 | (a) Submittal to and approval by the department of |
| 183 | manufacturers' drawings and specifications, including any |
| 184 | amendments. |
| 185 | (b) Submittal to and approval by the department of |
| 186 | manufacturers' internal quality control procedures and manuals, |
| 187 | including any amendments. |
| 188 | (c) Minimum inspection criteria Procedures and |
| 189 | qualifications for approval of third-party plan review and |
| 190 | inspection entities and of those who perform inspections and |
| 191 | plan reviews. |
| 192 | (2) The department shall adopt rules to address: |
| 193 | (a) Procedures and qualifications for approval of third- |
| 194 | party plan review and inspection agencies and of those who |
| 195 | perform inspections and plan reviews. |
| 196 | (b)(d) Investigation of consumer complaints of |
| 197 | noncompliance of manufactured buildings with the Florida |
| 198 | Building Code and the Florida Fire Prevention Code. |
| 199 | (c)(e) Issuance, cancellation, and revocation of any |
| 200 | insignia issued by the department and procedures for auditing |
| 201 | and accounting for disposition of them. |
| 202 | (d)(f) Monitoring the manufacturers', inspection agencies' |
| 203 | entities', and plan review agencies' entities' compliance with |
| 204 | this part and the Florida Building Code. Monitoring may include, |
| 205 | but is not limited to, performing audits of plans, inspections |
| 206 | of manufacturing facilities and observation of the manufacturing |
| 207 | and inspection process, and onsite inspections of buildings. |
| 208 | (e)(g) The performance by the department of any other |
| 209 | functions required by this part. |
| 210 | (3)(2) After the effective date of the Florida Building |
| 211 | Code, no manufactured building, except as provided in subsection |
| 212 | (11), may be installed in this state unless it is approved and |
| 213 | bears the insignia of approval of the department and a |
| 214 | manufacturer's data plate. Approvals issued by the department |
| 215 | under the provisions of the prior part shall be deemed to comply |
| 216 | with the requirements of this part. |
| 217 | (4)(3) All manufactured buildings issued and bearing |
| 218 | insignia of approval pursuant to subsection (3) (2) shall be |
| 219 | deemed to comply with the Florida Building Code and are exempt |
| 220 | from local amendments enacted by any local government. |
| 221 | (5)(4) No manufactured building bearing department |
| 222 | insignia of approval pursuant to subsection (3) (2) shall be in |
| 223 | any way modified prior to installation, except in conformance |
| 224 | with the Florida Building Code. |
| 225 | (6)(5) Manufactured buildings which have been issued and |
| 226 | bear the insignia of approval pursuant to this part upon |
| 227 | manufacture or first sale shall not require an additional |
| 228 | approval or insignia by a local government in which they are |
| 229 | subsequently sold or installed. Buildings or structures that |
| 230 | meet the definition of "open construction" are subject to |
| 231 | permitting by the local jurisdiction and are not required to |
| 232 | bear insignia. |
| 233 | (7)(6) If the department Florida Building Commission |
| 234 | determines that the standards for construction and inspection of |
| 235 | manufactured buildings prescribed by statute or rule of another |
| 236 | state are at least equal to the Florida Building Code and that |
| 237 | such standards are actually enforced by such other state, it may |
| 238 | provide by rule that the manufactured building which has been |
| 239 | inspected and approved by such other state shall be deemed to |
| 240 | have been approved by the department and shall authorize the |
| 241 | affixing of the appropriate insignia of approval. |
| 242 | (8)(7) The department Florida Building Commission, by |
| 243 | rule, shall establish a schedule of fees to pay the cost |
| 244 | incurred by the department for the work related to |
| 245 | administration and enforcement of this part. |
| 246 | (9)(8) The department may delegate its enforcement |
| 247 | authority to a state department having building construction |
| 248 | responsibilities or a local government. The department may |
| 249 | delegate its plan review and inspection authority to one or more |
| 250 | of the following in any combination: |
| 251 | (a) A state department having building construction |
| 252 | responsibilities;, |
| 253 | (b) A local government;, |
| 254 | (c) An approved inspection agency;, |
| 255 | (d) An approved plan review agency;, or |
| 256 | (e) An agency of another state. |
| 257 | (9) If the commission delegates its inspection authority |
| 258 | to third-party approved inspection agencies, manufacturers must |
| 259 | have one, and only one, inspection agency responsible for |
| 260 | inspection of a manufactured building, module, or component at |
| 261 | all times. |
| 262 | (10) The department shall develop an insignia to be |
| 263 | affixed to all newly constructed buildings by the manufacturer |
| 264 | or the inspection agency prior to the building leaving the |
| 265 | plant. The department may charge a fee for issuing such |
| 266 | insignias. Such insignias shall bear the department's name, the |
| 267 | state seal, an identification number unique to that insignia, |
| 268 | and such other information as the department may require by |
| 269 | rule. If the commission delegates its inspection authority to |
| 270 | third-party approved plan review agencies, manufacturers must |
| 271 | have one, and only one, plan review agency responsible for |
| 272 | review of plans of a manufactured building, module, or component |
| 273 | at all times. |
| 274 | (11) The department shall by rule develop minimum criteria |
| 275 | for manufacturer's data that must be affixed to all newly |
| 276 | constructed buildings by the manufacturer prior to the building |
| 277 | leaving the plant. Custom or one-of-a-kind prototype |
| 278 | manufactured buildings shall not be required to have state |
| 279 | approval but must comply with all local requirements of the |
| 280 | governmental agency having jurisdiction at the installation |
| 281 | site. |
| 282 | Section 6. Subsections (1) and (3) of section 553.381, |
| 283 | Florida Statutes, are amended to read: |
| 284 | 553.381 Manufacturer certification.-- |
| 285 | (1) Before manufacturing buildings to be located within |
| 286 | this state or selling manufactured buildings within this state, |
| 287 | whichever occurs later, a manufacturer must be certified by the |
| 288 | department. The department shall certify a manufacturer upon |
| 289 | receipt from the manufacturer and approval and verification by |
| 290 | the department of the following: |
| 291 | (a) The manufacturer's internal quality control procedures |
| 292 | and manuals, including any amendments; |
| 293 | (b) Evidence that the manufacturer has product liability |
| 294 | insurance for the safety and welfare of the public in amounts |
| 295 | determined by rule of the department commission; and |
| 296 | (c) The fee established by the department commission under |
| 297 | s. 553.37(8) s. 553.37(7). |
| 298 | (3) Certification of manufacturers under this section |
| 299 | shall be for a period of 3 years, subject to renewal by the |
| 300 | manufacturer. Upon application for renewal, the manufacturer |
| 301 | must submit the information described in subsection (1) or a |
| 302 | sworn statement that there has been no change in the status or |
| 303 | content of that information since the manufacturer's last |
| 304 | submittal. Fees for renewal of manufacturers' certification |
| 305 | shall be established by the department commission by rule. |
| 306 | Section 7. Subsections (11) and (12) of section 553.415, |
| 307 | Florida Statutes, are amended to read: |
| 308 | 553.415 Factory-built school buildings.-- |
| 309 | (11) The department shall require that an insignia bearing |
| 310 | the department's name and state seal and a manufacturer's data |
| 311 | plate develop a unique identification label to be affixed to all |
| 312 | newly constructed factory-built school buildings and existing |
| 313 | factory-built school buildings which have been brought into |
| 314 | compliance with the standards for existing "satisfactory" |
| 315 | buildings pursuant to chapter 5 of the Uniform Code for Public |
| 316 | Educational Facilities, and after March 1, 2002, the Florida |
| 317 | Building Code. The department may charge a fee for issuing such |
| 318 | insignias labels. The manufacturer's data plate Such labels, |
| 319 | bearing the department's name and state seal, shall, at a |
| 320 | minimum, contain: |
| 321 | (a) The name of the manufacturer. |
| 322 | (b) The standard plan approval number or alteration |
| 323 | number. |
| 324 | (c) The date of manufacture or alteration. |
| 325 | (d) The serial or other identification number. |
| 326 | (e) The following designed-for loads: lbs. per square foot |
| 327 | live load; lbs. per square foot floor live load; lbs. per square |
| 328 | foot horizontal wind load; and lbs. per square foot wind uplift |
| 329 | load. |
| 330 | (f) The designed-for flood zone usage. |
| 331 | (g) The designed-for wind zone usage. |
| 332 | (h) The designed-for enhanced hurricane protection zone |
| 333 | usage: yes or no. |
| 334 | (12) Such insignia and data plate identification label |
| 335 | shall be permanently affixed by the manufacturer in the case of |
| 336 | newly constructed factory-built school buildings, or by the |
| 337 | department or its designee in the case of an existing factory- |
| 338 | built building altered to comply with provisions of s. 1013.20. |
| 339 | Section 8. Subsection (11) is added to section 553.71, |
| 340 | Florida Statutes, to read: |
| 341 | 553.71 Definitions.--As used in this part, the term: |
| 342 | (11) "Temporary" includes, but is not limited to, |
| 343 | buildings identified by, but not designated as permanent |
| 344 | structures on, an approved development order. |
| 345 | Section 9. Paragraph (a) of subsection (6) and subsection |
| 346 | (7) of section 553.73, Florida Statutes, are amended to read: |
| 347 | 553.73 Florida Building Code.-- |
| 348 | (6)(a) The commission, by rule adopted pursuant to ss. |
| 349 | 120.536(1) and 120.54, shall update the Florida Building Code |
| 350 | every 3 years. When updating the Florida Building Code, the |
| 351 | commission shall select the most current version of the |
| 352 | International Building Code, the International Fuel Gas Code, |
| 353 | the International Mechanical Code, the International Plumbing |
| 354 | Code, and the International Residential Code, all of which are |
| 355 | adopted by the International Code Council, and the National |
| 356 | Electrical Code, which is adopted by the National Fire |
| 357 | Protection Association, to form the foundation codes of the |
| 358 | updated Florida Building Code, if the version has been adopted |
| 359 | by the applicable model code entity and made available to the |
| 360 | public at least 6 months prior to its selection by the |
| 361 | commission. The commission shall select the most current version |
| 362 | of the International Energy Conservation Code as a foundation |
| 363 | code, provided the code shall be modified by the commission to |
| 364 | maintain the overall efficiencies of the Florida Energy |
| 365 | Efficiency Code for Building Construction adopted and amended |
| 366 | pursuant to this part. |
| 367 | (7) Notwithstanding the provisions of subsection (3) or |
| 368 | subsection (6), the commission may address issues identified in |
| 369 | this subsection by amending the code pursuant only to the rule |
| 370 | adoption procedures contained in chapter 120. Provisions of the |
| 371 | Florida Building Code, including those contained in referenced |
| 372 | standards and criteria, relating to wind resistance or the |
| 373 | prevention of water intrusion may not be amended pursuant to |
| 374 | this subsection to diminish those construction requirements; |
| 375 | however, the commission may, subject to conditions in this |
| 376 | subsection, amend the provisions to enhance those construction |
| 377 | requirements. Following the approval of any amendments to the |
| 378 | Florida Building Code by the commission and publication of the |
| 379 | amendments on the commission's website, authorities having |
| 380 | jurisdiction to enforce the Florida Building Code may enforce |
| 381 | the amendments. The commission may approve amendments that are |
| 382 | needed to address: |
| 383 | (a) Conflicts within the updated code; |
| 384 | (b) Conflicts between the updated code and the Florida |
| 385 | Fire Prevention Code adopted pursuant to chapter 633; |
| 386 | (c) The omission of previously adopted Florida-specific |
| 387 | amendments to the updated code if such omission is not supported |
| 388 | by a specific recommendation of a technical advisory committee |
| 389 | or particular action by the commission; |
| 390 | (d) Unintended results from the integration of previously |
| 391 | adopted Florida-specific amendments with the model code; or |
| 392 | (e) Changes to federal or state law; or |
| 393 | (f) Adoption of an updated edition of the National |
| 394 | Electrical Code if the commission finds that delay of |
| 395 | implementing the updated edition causes undue hardship to |
| 396 | stakeholders or otherwise threatens the public health, safety, |
| 397 | and welfare. |
| 398 | Section 10. Subsections (1) and (2) of section 553.74, |
| 399 | Florida Statutes, are amended to read: |
| 400 | 553.74 Florida Building Commission.-- |
| 401 | (1) The Florida Building Commission is created and shall |
| 402 | be located within the Department of Community Affairs for |
| 403 | administrative purposes. Members shall be appointed by the |
| 404 | Governor subject to confirmation by the Senate. The commission |
| 405 | shall be composed of 25 23 members, consisting of the following: |
| 406 | (a) One architect registered to practice in this state and |
| 407 | actively engaged in the profession. The American Institute of |
| 408 | Architects, Florida Section, is encouraged to recommend a list |
| 409 | of candidates for consideration. |
| 410 | (b) One structural engineer registered to practice in this |
| 411 | state and actively engaged in the profession. The Florida |
| 412 | Engineering Society is encouraged to recommend a list of |
| 413 | candidates for consideration. |
| 414 | (c) One air-conditioning or mechanical contractor |
| 415 | certified to do business in this state and actively engaged in |
| 416 | the profession. The Florida Air Conditioning Contractors |
| 417 | Association, the Florida Refrigeration and Air Conditioning |
| 418 | Contractors Association, and the Mechanical Contractors |
| 419 | Association of Florida are encouraged to recommend a list of |
| 420 | candidates for consideration. |
| 421 | (d) One electrical contractor certified to do business in |
| 422 | this state and actively engaged in the profession. The Florida |
| 423 | Electrical Contractors Association and the National Electrical |
| 424 | Contractors Association, Florida Chapter, are encouraged to |
| 425 | recommend a list of candidates for consideration. |
| 426 | (e) One member from fire protection engineering or |
| 427 | technology who is actively engaged in the profession. The |
| 428 | Florida Chapter of the Society of Fire Protection Engineers and |
| 429 | the Florida Fire Marshals and Inspectors Association are |
| 430 | encouraged to recommend a list of candidates for consideration. |
| 431 | (f) One general contractor certified to do business in |
| 432 | this state and actively engaged in the profession. The |
| 433 | Associated Builders and Contractors of Florida, the Florida |
| 434 | Associated General Contractors Council, and the Union |
| 435 | Contractors Association are encouraged to recommend a list of |
| 436 | candidates for consideration. |
| 437 | (g) One plumbing contractor licensed to do business in |
| 438 | this state and actively engaged in the profession. The Florida |
| 439 | Association of Plumbing, Heating, and Cooling Contractors is |
| 440 | encouraged to recommend a list of candidates for consideration. |
| 441 | (h) One roofing or sheet metal contractor certified to do |
| 442 | business in this state and actively engaged in the profession. |
| 443 | The Florida Roofing, Sheet Metal, and Air Conditioning |
| 444 | Contractors Association and the Sheet Metal and Air Conditioning |
| 445 | Contractors National Association are encouraged to recommend a |
| 446 | list of candidates for consideration. |
| 447 | (i) One residential contractor licensed to do business in |
| 448 | this state and actively engaged in the profession. The Florida |
| 449 | Home Builders Association is encouraged to recommend a list of |
| 450 | candidates for consideration. |
| 451 | (j) Three members who are municipal or district codes |
| 452 | enforcement officials, one of whom is also a fire official. The |
| 453 | Building Officials Association of Florida and the Florida Fire |
| 454 | Marshals and Inspectors Association are encouraged to recommend |
| 455 | a list of candidates for consideration. |
| 456 | (k) One member who represents the Department of Financial |
| 457 | Services. |
| 458 | (l) One member who is a county codes enforcement official. |
| 459 | The Building Officials Association of Florida is encouraged to |
| 460 | recommend a list of candidates for consideration. |
| 461 | (m) One member of a Florida-based organization of persons |
| 462 | with disabilities or a nationally chartered organization of |
| 463 | persons with disabilities with chapters in this state. |
| 464 | (n) One member of the manufactured buildings industry who |
| 465 | is licensed to do business in this state and is actively engaged |
| 466 | in the industry. The Florida Manufactured Housing Association is |
| 467 | encouraged to recommend a list of candidates for consideration. |
| 468 | (o) One mechanical or electrical engineer registered to |
| 469 | practice in this state and actively engaged in the profession. |
| 470 | The Florida Engineering Society is encouraged to recommend a |
| 471 | list of candidates for consideration. |
| 472 | (p) One member who is a representative of a municipality |
| 473 | or a charter county. The Florida League of Cities and the |
| 474 | Florida Association of Counties are encouraged to recommend a |
| 475 | list of candidates for consideration. |
| 476 | (q) One member of the building products manufacturing |
| 477 | industry who is authorized to do business in this state and is |
| 478 | actively engaged in the industry. The Florida Building Material |
| 479 | Association, the Florida Concrete and Products Association, and |
| 480 | the Fenestration Manufacturers Association are encouraged to |
| 481 | recommend a list of candidates for consideration. |
| 482 | (r) One member who is a representative of the building |
| 483 | owners and managers industry who is actively engaged in |
| 484 | commercial building ownership or management. The Building Owners |
| 485 | and Managers Association is encouraged to recommend a list of |
| 486 | candidates for consideration. |
| 487 | (s) One member who is a representative of the insurance |
| 488 | industry. The Florida Insurance Council is encouraged to |
| 489 | recommend a list of candidates for consideration. |
| 490 | (t) One member who is a representative of public |
| 491 | education. |
| 492 | (u) One member who is a swimming pool contractor licensed |
| 493 | to do business in this state and actively engaged in the |
| 494 | profession. The Florida Swimming Pool Association and the United |
| 495 | Pool and Spa Association are encouraged to recommend a list of |
| 496 | candidates for consideration. |
| 497 | (v) One member who is a representative of the green |
| 498 | building industry and who is a third-party commission agent, a |
| 499 | Florida board member of the United States Green Building Council |
| 500 | or Green Building Initiative, or a LEED-accredited professional. |
| 501 | (w)(u) One member who shall be the chair. |
| 502 |
|
| 503 | Any person serving on the commission under paragraph (c) or |
| 504 | paragraph (h) on October 1, 2003, and who has served less than |
| 505 | two full terms is eligible for reappointment to the commission |
| 506 | regardless of whether he or she meets the new qualification. |
| 507 | (2) All appointments shall be for terms of 4 years, except |
| 508 | that of the chair who shall serve at the pleasure of the |
| 509 | Governor. Each person who is a member of the Board of Building |
| 510 | Codes and Standards on the effective date of this act shall |
| 511 | serve the remainder of their term as a member of the Florida |
| 512 | Building Commission. Except for the chair, newly created |
| 513 | positions on the Florida Building Commission shall be appointed |
| 514 | after February 1, 1999. A vacancy shall be filled for the |
| 515 | remainder of the unexpired term. Any member who shall, during |
| 516 | his or her term, cease to meet the qualifications for original |
| 517 | appointment, through ceasing to be a practicing member of the |
| 518 | profession indicated or otherwise, shall thereby forfeit |
| 519 | membership on the commission. |
| 520 | Section 11. Section 553.75, Florida Statutes, is amended |
| 521 | to read: |
| 522 | 553.75 Organization of commission; rules and regulations; |
| 523 | meetings; staff; fiscal affairs; public comment.-- |
| 524 | (1) The commission shall meet on call of the secretary. |
| 525 | The commission shall annually elect from its appointive members |
| 526 | such officers as it may choose. |
| 527 | (2) The commission shall meet at the call of its chair, at |
| 528 | the request of a majority of its membership, at the request of |
| 529 | the department, or at such times as may be prescribed by its |
| 530 | rules. The members shall be notified in writing of the time and |
| 531 | place of a regular or special meeting at least 7 days in advance |
| 532 | of the meeting. A majority of members of the commission shall |
| 533 | constitute a quorum. |
| 534 | (3) The department shall be responsible for the provision |
| 535 | of administrative and staff support services relating to the |
| 536 | functions of the commission. With respect to matters within the |
| 537 | jurisdiction of the commission, the department shall be |
| 538 | responsible for the implementation and faithful discharge of all |
| 539 | decisions of the commission made pursuant to its authority under |
| 540 | the provisions of this part. The department may use |
| 541 | communications media technology in conducting meetings of the |
| 542 | commission or any meetings held in conjunction with meetings of |
| 543 | the commission. |
| 544 | (4) Meetings of the commission shall be conducted so as to |
| 545 | encourage participation by interested persons in attendance. At |
| 546 | a minimum, the commission shall provide an opportunity for |
| 547 | interested members of the public in attendance at a meeting to |
| 548 | comment on each proposed action of the commission before a final |
| 549 | vote is taken on any motion. |
| 550 | Section 12. Subsection (5) of section 553.775, Florida |
| 551 | Statutes, is amended to read: |
| 552 | 553.775 Interpretations.-- |
| 553 | (5) The commission may render declaratory statements in |
| 554 | accordance with s. 120.565 relating to the provisions of the |
| 555 | Florida Accessibility Code for Building Construction not |
| 556 | attributable to the Americans with Disabilities Act |
| 557 | Accessibility Guidelines. Notwithstanding the other provisions |
| 558 | of this section, the Florida Accessibility Code for Building |
| 559 | Construction and chapter 11 of the Florida Building Code may not |
| 560 | be interpreted by, and are not subject to review under, any of |
| 561 | the procedures specified in this section. This subsection has no |
| 562 | effect upon the commission's authority to waive the Florida |
| 563 | Accessibility Code for Building Construction as provided by s. |
| 564 | 553.512. |
| 565 | Section 13. Paragraph (a) of subsection (1) of section |
| 566 | 553.80, Florida Statutes, is amended to read: |
| 567 | 553.80 Enforcement.-- |
| 568 | (1) Except as provided in paragraphs (a)-(f), each local |
| 569 | government and each legally constituted enforcement district |
| 570 | with statutory authority shall regulate building construction |
| 571 | and, where authorized in the state agency's enabling |
| 572 | legislation, each state agency shall enforce the Florida |
| 573 | Building Code required by this part on all public or private |
| 574 | buildings, structures, and facilities, unless such |
| 575 | responsibility has been delegated to another unit of government |
| 576 | pursuant to s. 553.79(9). |
| 577 | (a) Construction regulations relating to correctional |
| 578 | facilities under the jurisdiction of the Department of |
| 579 | Corrections and the Department of Juvenile Justice and secure |
| 580 | mental health treatment facilities under the jurisdiction of the |
| 581 | Department of Children and Family Services shall are to be |
| 582 | enforced exclusively by those departments. |
| 583 |
|
| 584 | The governing bodies of local governments may provide a schedule |
| 585 | of fees, as authorized by s. 125.56(2) or s. 166.222 and this |
| 586 | section, for the enforcement of the provisions of this part. |
| 587 | Such fees shall be used solely for carrying out the local |
| 588 | government's responsibilities in enforcing the Florida Building |
| 589 | Code. The authority of state enforcing agencies to set fees for |
| 590 | enforcement shall be derived from authority existing on July 1, |
| 591 | 1998. However, nothing contained in this subsection shall |
| 592 | operate to limit such agencies from adjusting their fee schedule |
| 593 | in conformance with existing authority. |
| 594 | Section 14. Paragraph (b) of subsection (2) of section |
| 595 | 553.844, Florida Statutes, is amended to read: |
| 596 | 553.844 Windstorm loss mitigation; requirements for roofs |
| 597 | and opening protection.-- |
| 598 | (2) The Florida Building Commission shall: |
| 599 | (b) Develop and adopt within the Florida Building Code a |
| 600 | means to incorporate recognized mitigation techniques for site- |
| 601 | built, single-family residential structures constructed before |
| 602 | prior to the implementation of the Florida Building Code, |
| 603 | including, but not limited to: |
| 604 | 1. Prescriptive techniques for the installation of gable- |
| 605 | end bracing; |
| 606 | 2. Secondary water barriers for roofs and standards |
| 607 | relating to secondary water barriers. The criteria may include, |
| 608 | but need not be limited to, roof shape, slope, and composition |
| 609 | of all elements of the roof system. The criteria may not be |
| 610 | limited to a single method or material for a secondary water |
| 611 | barrier; |
| 612 | 3. Prescriptive techniques for improvement of roof-to-wall |
| 613 | connections. The Legislature recognizes that the cost of |
| 614 | retrofitting existing buildings to meet the code requirements |
| 615 | for new construction in this regard may exceed the practical |
| 616 | benefit to be attained. The Legislature intends for the |
| 617 | commission to provide for the integration of alternate, lower- |
| 618 | cost means that may be employed to retrofit existing buildings |
| 619 | that are not otherwise required to comply with the requirements |
| 620 | of the Florida Building Code for new construction so that the |
| 621 | cost of such improvements does not exceed approximately 15 |
| 622 | percent of the cost of reroofing. For houses that have both hip |
| 623 | and gable roof ends, priority shall be given to retrofit the |
| 624 | gable end roof-to-wall connections unless the width of the hip |
| 625 | is more than 1.5 times greater than the width of the gable end. |
| 626 | Priority shall be given to connecting the corners of roofs to |
| 627 | walls below the locations at which the spans of the roofing |
| 628 | members are greatest; |
| 629 | 4. Strengthening or correcting roof-decking attachments |
| 630 | and fasteners during reroofing; and |
| 631 | 5. Adding or strengthening opening protections. |
| 632 | Section 15. Subsection (1) of section 553.885, Florida |
| 633 | Statutes, is amended to read: |
| 634 | 553.885 Carbon monoxide alarm required.-- |
| 635 | (1) Every building, other than a hospital, hospice |
| 636 | facility, or nursing home facility, for which a building permit |
| 637 | is issued for new construction on or after July 1, 2008, and |
| 638 | having a fossil-fuel-burning heater or appliance, a fireplace, |
| 639 | or an attached garage shall have an approved operational carbon |
| 640 | monoxide alarm installed within 10 feet of each room used for |
| 641 | sleeping purposes. For a new hospital, hospice facility, or |
| 642 | nursing home facility licensed by the Agency for Health Care |
| 643 | Administration, an operational carbon monoxide detector shall be |
| 644 | installed inside or directly outside of each room or area within |
| 645 | the building where a fossil-fuel-burning heater, engine, or |
| 646 | appliance is located. The detector shall be connected to the |
| 647 | fire alarm system of the facility as a supervisory signal. |
| 648 | Section 16. Paragraph (a) of subsection (6) of section |
| 649 | 627.351, Florida Statutes, is amended to read: |
| 650 | 627.351 Insurance risk apportionment plans.-- |
| 651 | (6) CITIZENS PROPERTY INSURANCE CORPORATION.-- |
| 652 | (a)1. It is the public purpose of this subsection to |
| 653 | ensure the existence of an orderly market for property insurance |
| 654 | for Floridians and Florida businesses. The Legislature finds |
| 655 | that private insurers are unwilling or unable to provide |
| 656 | affordable property insurance coverage in this state to the |
| 657 | extent sought and needed. The absence of affordable property |
| 658 | insurance threatens the public health, safety, and welfare and |
| 659 | likewise threatens the economic health of the state. The state |
| 660 | therefore has a compelling public interest and a public purpose |
| 661 | to assist in assuring that property in the state is insured and |
| 662 | that it is insured at affordable rates so as to facilitate the |
| 663 | remediation, reconstruction, and replacement of damaged or |
| 664 | destroyed property in order to reduce or avoid the negative |
| 665 | effects otherwise resulting to the public health, safety, and |
| 666 | welfare, to the economy of the state, and to the revenues of the |
| 667 | state and local governments which are needed to provide for the |
| 668 | public welfare. It is necessary, therefore, to provide |
| 669 | affordable property insurance to applicants who are in good |
| 670 | faith entitled to procure insurance through the voluntary market |
| 671 | but are unable to do so. The Legislature intends by this |
| 672 | subsection that affordable property insurance be provided and |
| 673 | that it continue to be provided, as long as necessary, through |
| 674 | Citizens Property Insurance Corporation, a government entity |
| 675 | that is an integral part of the state, and that is not a private |
| 676 | insurance company. To that end, Citizens Property Insurance |
| 677 | Corporation shall strive to increase the availability of |
| 678 | affordable property insurance in this state, while achieving |
| 679 | efficiencies and economies, and while providing service to |
| 680 | policyholders, applicants, and agents which is no less than the |
| 681 | quality generally provided in the voluntary market, for the |
| 682 | achievement of the foregoing public purposes. Because it is |
| 683 | essential for this government entity to have the maximum |
| 684 | financial resources to pay claims following a catastrophic |
| 685 | hurricane, it is the intent of the Legislature that Citizens |
| 686 | Property Insurance Corporation continue to be an integral part |
| 687 | of the state and that the income of the corporation be exempt |
| 688 | from federal income taxation and that interest on the debt |
| 689 | obligations issued by the corporation be exempt from federal |
| 690 | income taxation. |
| 691 | 2. The Residential Property and Casualty Joint |
| 692 | Underwriting Association originally created by this statute |
| 693 | shall be known, as of July 1, 2002, as the Citizens Property |
| 694 | Insurance Corporation. The corporation shall provide insurance |
| 695 | for residential and commercial property, for applicants who are |
| 696 | in good faith entitled, but are unable, to procure insurance |
| 697 | through the voluntary market. The corporation shall operate |
| 698 | pursuant to a plan of operation approved by order of the |
| 699 | Financial Services Commission. The plan is subject to continuous |
| 700 | review by the commission. The commission may, by order, withdraw |
| 701 | approval of all or part of a plan if the commission determines |
| 702 | that conditions have changed since approval was granted and that |
| 703 | the purposes of the plan require changes in the plan. The |
| 704 | corporation shall continue to operate pursuant to the plan of |
| 705 | operation approved by the Office of Insurance Regulation until |
| 706 | October 1, 2006. For the purposes of this subsection, |
| 707 | residential coverage includes both personal lines residential |
| 708 | coverage, which consists of the type of coverage provided by |
| 709 | homeowner's, mobile home owner's, dwelling, tenant's, |
| 710 | condominium unit owner's, and similar policies, and commercial |
| 711 | lines residential coverage, which consists of the type of |
| 712 | coverage provided by condominium association, apartment |
| 713 | building, and similar policies. |
| 714 | 3. For the purposes of this subsection, the term |
| 715 | "homestead property" means: |
| 716 | a. Property that has been granted a homestead exemption |
| 717 | under chapter 196; |
| 718 | b. Property for which the owner has a current, written |
| 719 | lease with a renter for a term of at least 7 months and for |
| 720 | which the dwelling is insured by the corporation for $200,000 or |
| 721 | less; |
| 722 | c. An owner-occupied mobile home or manufactured home, as |
| 723 | defined in s. 320.01, which is permanently affixed to real |
| 724 | property, is owned by a Florida resident, and has been granted a |
| 725 | homestead exemption under chapter 196 or, if the owner does not |
| 726 | own the real property, the owner certifies that the mobile home |
| 727 | or manufactured home is his or her principal place of residence; |
| 728 | d. Tenant's coverage; |
| 729 | e. Commercial lines residential property; or |
| 730 | f. Any county, district, or municipal hospital; a hospital |
| 731 | licensed by any not-for-profit corporation qualified under s. |
| 732 | 501(c)(3) of the United States Internal Revenue Code; or a |
| 733 | continuing care retirement community that is certified under |
| 734 | chapter 651 and that receives an exemption from ad valorem taxes |
| 735 | under chapter 196. |
| 736 | 4. For the purposes of this subsection, the term |
| 737 | "nonhomestead property" means property that is not homestead |
| 738 | property. |
| 739 | 5. Effective January 1, 2009, a personal lines residential |
| 740 | structure that has a dwelling replacement cost of $1 million or |
| 741 | more, or a single condominium unit that has a combined dwelling |
| 742 | and content replacement cost of $1 million or more is not |
| 743 | eligible for coverage by the corporation. Such dwellings insured |
| 744 | by the corporation on December 31, 2008, may continue to be |
| 745 | covered by the corporation until the end of the policy term. |
| 746 | However, such dwellings that are insured by the corporation and |
| 747 | become ineligible for coverage due to the provisions of this |
| 748 | subparagraph may reapply and obtain coverage in the high-risk |
| 749 | account and be considered "nonhomestead property" if the |
| 750 | property owner provides the corporation with a sworn affidavit |
| 751 | from one or more insurance agents, on a form provided by the |
| 752 | corporation, stating that the agents have made their best |
| 753 | efforts to obtain coverage and that the property has been |
| 754 | rejected for coverage by at least one authorized insurer and at |
| 755 | least three surplus lines insurers. If such conditions are met, |
| 756 | the dwelling may be insured by the corporation for up to 3 |
| 757 | years, after which time the dwelling is ineligible for coverage. |
| 758 | The office shall approve the method used by the corporation for |
| 759 | valuing the dwelling replacement cost for the purposes of this |
| 760 | subparagraph. If a policyholder is insured by the corporation |
| 761 | prior to being determined to be ineligible pursuant to this |
| 762 | subparagraph and such policyholder files a lawsuit challenging |
| 763 | the determination, the policyholder may remain insured by the |
| 764 | corporation until the conclusion of the litigation. |
| 765 | 6. For any new building or structure for which a building |
| 766 | permit application is filed properties constructed on or after |
| 767 | January 1, 2009, the corporation may not insure any such |
| 768 | building or structure property located within 2,500 feet |
| 769 | landward of the coastal construction control line created |
| 770 | pursuant to s. 161.053 unless the building or structure property |
| 771 | meets the requirements of the code-plus building standards |
| 772 | developed by the Florida Building Commission. |
| 773 | 7. It is the intent of the Legislature that policyholders, |
| 774 | applicants, and agents of the corporation receive service and |
| 775 | treatment of the highest possible level but never less than that |
| 776 | generally provided in the voluntary market. It also is intended |
| 777 | that the corporation be held to service standards no less than |
| 778 | those applied to insurers in the voluntary market by the office |
| 779 | with respect to responsiveness, timeliness, customer courtesy, |
| 780 | and overall dealings with policyholders, applicants, or agents |
| 781 | of the corporation. |
| 782 | 8. Effective January 1, 2009, a personal lines residential |
| 783 | structure that is located in the "wind-borne debris region," as |
| 784 | defined in s. 1609.2, International Building Code (2006), and |
| 785 | that has an insured value on the structure of $750,000 or more |
| 786 | is not eligible for coverage by the corporation unless the |
| 787 | structure has opening protections as required under the Florida |
| 788 | Building Code for a newly constructed residential structure in |
| 789 | that area. A residential structure shall be deemed to comply |
| 790 | with the requirements of this subparagraph if it has shutters or |
| 791 | opening protections on all openings and if such opening |
| 792 | protections complied with the Florida Building Code at the time |
| 793 | they were installed. |
| 794 | Section 17. (1) Section 553.731, Florida Statutes, is |
| 795 | repealed. |
| 796 | (2) The repeal of section 553.731, Florida Statutes, shall |
| 797 | not be construed or interpreted to diminish, or to authorize |
| 798 | changes that diminish, the provisions of the Florida Building |
| 799 | Code relating to wind resistance or water intrusion adopted as |
| 800 | required by chapter 2007-1, Laws of Florida. |
| 801 | Section 18. Except as otherwise expressly provided in this |
| 802 | act, this act shall take effect July 1, 2008. |