Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2100
Barcode 771682
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/24/2009 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (6) of section 399.02, Florida
6 Statutes, is amended to read:
7 399.02 General requirements.—
8 (6) The department is empowered to carry out all of the
9 provisions of this chapter relating to the inspection and
10 regulation of elevators and to enforce the provisions of the
11 Florida Building Code, except that updates to the code requiring
12 modifications for heat sensors and electronic controls on
13 existing elevators, as amended into the Safety Code for Existing
14 Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
15 enforced on elevators in condominiums issued a certificate of
16 operation by the department as of July 1, 2008, until such time
17 as the elevator is replaced. This exception does not apply to
18 any building for which a building permit was issued after July
19 1, 2008.
20 Section 2. Present subsection (7) of section 399.15,
21 Florida Statutes, is redesignated as subsection (8), and a new
22 subsection (7) is added to that section, to read:
23 399.15 Regional emergency elevator access.—
24 (7) As an alternative to complying with the requirements of
25 subsection (1), each building in this state which is required to
26 meet the provisions of subsections (1) and (2), may instead
27 provide for the installation of a uniform lock box that contains
28 the keys to all elevators in the building which allow public
29 access, including service and freight elevators. The uniform
30 lock box must be keyed so as to allow all uniform lock boxes in
31 each of the seven state emergency response regions to operate in
32 fire emergency situations with one master key. The uniform lock
33 box master key may be issued only to the fire department. The
34 Division of State Fire Marshal of the Department of Financial
35 Services shall enforce this subsection. The Department of
36 Financial Services shall select the provider of the uniform lock
37 box to be installed in each building in which this subsection is
38 implemented.
39 Section 3. Paragraph (a) of subsection (6) of section
40 627.351, Florida Statutes, is amended to read:
41 627.351 Insurance risk apportionment plans.—
42 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
43 (a)1. It is the public purpose of this subsection to ensure
44 the existence of an orderly market for property insurance for
45 Floridians and Florida businesses. The Legislature finds that
46 private insurers are unwilling or unable to provide affordable
47 property insurance coverage in this state to the extent sought
48 and needed. The absence of affordable property insurance
49 threatens the public health, safety, and welfare and likewise
50 threatens the economic health of the state. The state therefore
51 has a compelling public interest and a public purpose to assist
52 in assuring that property in the state is insured and that it is
53 insured at affordable rates so as to facilitate the remediation,
54 reconstruction, and replacement of damaged or destroyed property
55 in order to reduce or avoid the negative effects otherwise
56 resulting to the public health, safety, and welfare, to the
57 economy of the state, and to the revenues of the state and local
58 governments which are needed to provide for the public welfare.
59 It is necessary, therefore, to provide affordable property
60 insurance to applicants who are in good faith entitled to
61 procure insurance through the voluntary market but are unable to
62 do so. The Legislature intends by this subsection that
63 affordable property insurance be provided and that it continue
64 to be provided, as long as necessary, through Citizens Property
65 Insurance Corporation, a government entity that is an integral
66 part of the state, and that is not a private insurance company.
67 To that end, Citizens Property Insurance Corporation shall
68 strive to increase the availability of affordable property
69 insurance in this state, while achieving efficiencies and
70 economies, and while providing service to policyholders,
71 applicants, and agents which is no less than the quality
72 generally provided in the voluntary market, for the achievement
73 of the foregoing public purposes. Because it is essential for
74 this government entity to have the maximum financial resources
75 to pay claims following a catastrophic hurricane, it is the
76 intent of the Legislature that Citizens Property Insurance
77 Corporation continue to be an integral part of the state and
78 that the income of the corporation be exempt from federal income
79 taxation and that interest on the debt obligations issued by the
80 corporation be exempt from federal income taxation.
81 2. The Residential Property and Casualty Joint Underwriting
82 Association originally created by this statute shall be known,
83 as of July 1, 2002, as the Citizens Property Insurance
84 Corporation. The corporation shall provide insurance for
85 residential and commercial property, for applicants who are in
86 good faith entitled, but are unable, to procure insurance
87 through the voluntary market. The corporation shall operate
88 pursuant to a plan of operation approved by order of the
89 Financial Services Commission. The plan is subject to continuous
90 review by the commission. The commission may, by order, withdraw
91 approval of all or part of a plan if the commission determines
92 that conditions have changed since approval was granted and that
93 the purposes of the plan require changes in the plan. The
94 corporation shall continue to operate pursuant to the plan of
95 operation approved by the Office of Insurance Regulation until
96 October 1, 2006. For the purposes of this subsection,
97 residential coverage includes both personal lines residential
98 coverage, which consists of the type of coverage provided by
99 homeowner’s, mobile home owner’s, dwelling, tenant’s,
100 condominium unit owner’s, and similar policies, and commercial
101 lines residential coverage, which consists of the type of
102 coverage provided by condominium association, apartment
103 building, and similar policies.
104 3. Effective January 1, 2009, a personal lines residential
105 structure that has a dwelling replacement cost of $2 million or
106 more, or a single condominium unit that has a combined dwelling
107 and content replacement cost of $2 million or more is not
108 eligible for coverage by the corporation. Such dwellings insured
109 by the corporation on December 31, 2008, may continue to be
110 covered by the corporation until the end of the policy term.
111 However, such dwellings that are insured by the corporation and
112 become ineligible for coverage due to the provisions of this
113 subparagraph may reapply and obtain coverage if the property
114 owner provides the corporation with a sworn affidavit from one
115 or more insurance agents, on a form provided by the corporation,
116 stating that the agents have made their best efforts to obtain
117 coverage and that the property has been rejected for coverage by
118 at least one authorized insurer and at least three surplus lines
119 insurers. If such conditions are met, the dwelling may be
120 insured by the corporation for up to 3 years, after which time
121 the dwelling is ineligible for coverage. The office shall
122 approve the method used by the corporation for valuing the
123 dwelling replacement cost for the purposes of this subparagraph.
124 If a policyholder is insured by the corporation prior to being
125 determined to be ineligible pursuant to this subparagraph and
126 such policyholder files a lawsuit challenging the determination,
127 the policyholder may remain insured by the corporation until the
128 conclusion of the litigation.
129 4. It is the intent of the Legislature that policyholders,
130 applicants, and agents of the corporation receive service and
131 treatment of the highest possible level but never less than that
132 generally provided in the voluntary market. It also is intended
133 that the corporation be held to service standards no less than
134 those applied to insurers in the voluntary market by the office
135 with respect to responsiveness, timeliness, customer courtesy,
136 and overall dealings with policyholders, applicants, or agents
137 of the corporation.
138 5. Effective January 1, 2009, a personal lines residential
139 structure that is located in the “wind-borne debris region,” as
140 defined in s. 1609.2, International Building Code (2006), and
141 that has an insured value on the structure of $750,000 or more
142 is not eligible for coverage by the corporation unless the
143 structure has opening protections as required under the Florida
144 Building Code for a newly constructed residential structure in
145 that area. A residential structure shall be deemed to comply
146 with the requirements of this subparagraph if it has shutters or
147 opening protections on all openings and if such opening
148 protections complied with the Florida Building Code at the time
149 they were installed. Effective January 1, 2010, for personal
150 lines residential property insured by the corporation that is
151 located in the wind-borne debris region and has an insured value
152 on the structure of $500,000 or more, a prospective purchaser of
153 any such residential property must be provided by the seller a
154 written disclosure that contains the structure’s windstorm
155 mitigation rating based on the uniform home grading scale
156 adopted under s. 215.55865. Such rating shall be provided to the
157 purchaser at or before the time the purchaser executes a
158 contract for sale and purchase.
159 Section 4. Subsection (6) of section 718.113, Florida
160 Statutes, is repealed.
161 Section 5. Subsection (12) is added to section 553.37,
162 Florida Statutes, and subsections (1), (2), (8), and (9) of that
163 section are amended to read:
164 553.37 Rules; inspections; and insignia.—
165 (1) The Florida Building Commission shall adopt within the
166 Florida Building Code requirements for construction or
167 modification of manufactured buildings and building modules, to
168 address:
169 (a) Submittal to and approval by the department of
170 manufacturers’ drawings and specifications, including any
171 amendments.
172 (b) Submittal to and approval by the department of
173 manufacturers’ internal quality control procedures and manuals,
174 including any amendments.
175 (c) Minimum inspection criteria.
176 (2) The department shall adopt rules to address:
177 (a) Procedures and qualifications for approval of third
178 party plan review and inspection agencies and of those who
179 perform inspections and plan reviews.
180 (b) Investigation of consumer complaints of noncompliance
181 of manufactured buildings with the Florida Building Code and the
182 Florida Fire Prevention Code.
183 (c) Inspection criteria applicable to manufactured
184 buildings which are consistent with the requirements of s.
185 553.73(4)(a), and which account for the repetitive nature of the
186 manufacturing activity, observed violations of the Florida
187 Building Code, or deviations from applicable rules with varying
188 frequency or applicability of particular inspection.
189 (d)(c) Issuance, cancellation, and revocation of any
190 insignia issued by the department and procedures for auditing
191 and accounting for disposition of them.
192 (e)(d) Monitoring the manufacturers’, inspection agencies’,
193 and plan review agencies’ compliance with this part and the
194 Florida Building Code. Monitoring may include, but is not
195 limited to, performing audits of plans, inspections of
196 manufacturing facilities and observation of the manufacturing
197 and inspection process, and onsite inspections of buildings.
198 (f)(e) The performance by the department and its designees
199 and contractors of any other functions required by this part.
200 (8) The department, by rule, shall establish a schedule of
201 fees to pay the cost of the administration and enforcement of
202 this part. The rule may provide for manufacturers to pay fees to
203 the administrator directly, including charges incurred for plans
204 review and inspection services, via the Building Code
205 Information System (BCIS) and for the administrator to disburse
206 the funds as necessary.
207 (9) The department may delegate its enforcement authority
208 to a state department having building construction
209 responsibilities or a local government, and may enter into
210 contracts for the performance of its administrative duties under
211 this part. The department may delegate its plan review and
212 inspection authority to one or more of the following in any
213 combination:
214 (a) A state department having building construction
215 responsibilities;
216 (b) A local government;
217 (c) An approved inspection agency;
218 (d) An approved plan review agency; or
219 (e) An agency of another state.
220 (12) Custom or one-of-a kind prototype manufactured
221 buildings are not required to have state approval but must
222 comply with all local requirements of the governmental agency
223 having jurisdiction at the installation site.
224 Section 6. Section 553.375, Florida Statutes, is amended to
225 read:
226 553.375 Recertification of manufactured buildings.—Prior to
227 the relocation to a site with a higher design wind speed,
228 modification, or change of occupancy of a manufactured building
229 within the state, the manufacturer, dealer, or owner thereof may
230 apply to the department for recertification of that manufactured
231 building. The department shall, by rule, provide what
232 information the applicant must submit for recertification and
233 for plan review and inspection of such manufactured buildings
234 and shall establish fees for recertification. Upon a
235 determination by the department that the manufactured building
236 complies with the applicable building codes, the department
237 shall issue a recertification insignia. A manufactured building
238 that bears recertification insignia does not require any
239 additional approval by an enforcement jurisdiction in which the
240 building is sold or installed, and is considered to comply with
241 all applicable codes. As an alternative to recertification by
242 the department, the manufacturer, dealer, or owner of a
243 manufactured building may seek appropriate permitting and a
244 certificate of occupancy from the local jurisdiction in
245 accordance with procedures generally applicable under the
246 Florida Building Code.
247 Section 7. Subsection (14) is added to section 553.73,
248 Florida Statutes, and subsections (7), (8), and (9) of that
249 section are amended to read:
250 553.73 Florida Building Code.—
251 (7) Notwithstanding the provisions of subsection (3) or
252 subsection (6), the commission may address issues identified in
253 this subsection by amending the code pursuant only to the rule
254 adoption procedures contained in chapter 120. Provisions of the
255 Florida Building Code, including those contained in referenced
256 standards and criteria, relating to wind resistance or the
257 prevention of water intrusion may not be amended pursuant to
258 this subsection to diminish those construction requirements;
259 however, the commission may, subject to conditions in this
260 subsection, amend the provisions to enhance those construction
261 requirements. Following the approval of any amendments to the
262 Florida Building Code by the commission and publication of the
263 amendments on the commission’s website, authorities having
264 jurisdiction to enforce the Florida Building Code may enforce
265 the amendments. The commission may approve amendments that are
266 needed to address:
267 (a) Conflicts within the updated code;
268 (b) Conflicts between the updated code and the Florida Fire
269 Prevention Code adopted pursuant to chapter 633;
270 (c) The omission of previously adopted Florida-specific
271 amendments to the updated code if such omission is not supported
272 by a specific recommendation of a technical advisory committee
273 or particular action by the commission;
274 (d) Unintended results from the integration of previously
275 adopted Florida-specific amendments with the model code;
276 (e) Equivalency of standards;
277 (f)(e) Changes to federal or state law; or
278 (g)(f) Adoption of an updated edition of the National
279 Electrical Code if the commission finds that delay of
280 implementing the updated edition causes undue hardship to
281 stakeholders or otherwise threatens the public health, safety,
282 and welfare.
283 (8)(a) The commission may approve technical amendments to
284 the Florida Building Code once each year for statewide or
285 regional application upon a finding that the amendment:
286 1. Is needed in order to accommodate the specific needs of
287 this state.
288 2. Has a reasonable and substantial connection with the
289 health, safety, and welfare of the general public.
290 3. Strengthens or improves the Florida Building Code, or in
291 the case of innovation or new technology, will provide
292 equivalent or better products or methods or systems of
293 construction.
294 4. Does not discriminate against materials, products,
295 methods, or systems of construction of demonstrated
296 capabilities.
297 5. Does not degrade the effectiveness of the Florida
298 Building Code.
299 6. Is necessary to accommodate the specific needs of the
300 Agency for Health Care Administration when agency rules must be
301 updated to reflect federal requirements relating to a hospital,
302 an inpatient hospice facility, or a nursing home facility
303 licensed by the agency.
304
305 Furthermore, the Florida Building Commission may approve
306 technical amendments to the code once each year to incorporate
307 into the Florida Building Code its own interpretations of the
308 code which are embodied in its opinions, final orders,
309 declaratory statements, and interpretations of hearing officer
310 panels under s. 553.775(3)(c), but shall do so only to the
311 extent that incorporation of interpretations is needed to modify
312 the foundation codes to accommodate the specific needs of this
313 state. Amendments approved under this paragraph shall be adopted
314 by rule pursuant to ss. 120.536(1) and 120.54, after the
315 amendments have been subjected to the provisions of subsection
316 (3).
317 (b) A proposed amendment shall include a fiscal impact
318 statement which documents the costs and benefits of the proposed
319 amendment. Criteria for the fiscal impact statement shall be
320 established by rule by the commission and shall include the
321 impact to local government relative to enforcement, the impact
322 to property and building owners, as well as to industry,
323 relative to the cost of compliance.
324 (c) The commission may not approve any proposed amendment
325 that does not accurately and completely address all requirements
326 for amendment which are set forth in this section. The
327 commission shall require all proposed amendments and information
328 submitted with proposed amendments to be reviewed by commission
329 staff prior to consideration by any technical advisory
330 committee. These reviews shall be for sufficiency only and are
331 not intended to be qualitative in nature. Staff members shall
332 reject any proposed amendment that fails to include a fiscal
333 impact statement. Proposed amendments rejected by members of the
334 staff may not be considered by the commission or any technical
335 advisory committee.
336 (d) Provisions of the Florida Building Code, including
337 those contained in referenced standards and criteria, relating
338 to wind resistance or the prevention of water intrusion may not
339 be amended pursuant to this subsection to diminish those
340 construction requirements; however, the commission may, subject
341 to conditions in this subsection, amend the provisions to
342 enhance those construction requirements.
343 (9) The following buildings, structures, and facilities are
344 exempt from the Florida Building Code as provided by law, and
345 any further exemptions shall be as determined by the Legislature
346 and provided by law:
347 (a) Buildings and structures specifically regulated and
348 preempted by the Federal Government.
349 (b) Railroads and ancillary facilities associated with the
350 railroad.
351 (c) Nonresidential farm buildings on farms.
352 (d) Temporary buildings or sheds used exclusively for
353 construction purposes.
354 (e) Mobile or modular structures used as temporary offices,
355 except that the provisions of part II relating to accessibility
356 by persons with disabilities shall apply to such mobile or
357 modular structures.
358 (f) Those structures or facilities of electric utilities,
359 as defined in s. 366.02, which are directly involved in the
360 generation, transmission, or distribution of electricity.
361 (g) Temporary sets, assemblies, or structures used in
362 commercial motion picture or television production, or any
363 sound-recording equipment used in such production, on or off the
364 premises.
365 (h) Storage sheds that are not designed for human
366 habitation and that have a floor area of 720 square feet or less
367 are not required to comply with the mandatory wind-borne-debris
368 impact standards of the Florida Building Code.
369 (i) Chickees constructed by the Miccosukee Tribe of Indians
370 of Florida or the Seminole Tribe of Florida. As used in this
371 paragraph, the term “chickee” means an open-sided wooden hut
372 that has a thatched roof of palm or palmetto or other
373 traditional materials, and that does not incorporate any
374 electrical, plumbing, or other nonwood features.
375
376 With the exception of paragraphs (a), (b), (c), and (f), in
377 order to preserve the health, safety, and welfare of the public,
378 the Florida Building Commission may, by rule adopted pursuant to
379 chapter 120, provide for exceptions to the broad categories of
380 buildings exempted in this section, including exceptions for
381 application of specific sections of the code or standards
382 adopted therein. The Department of Agriculture and Consumer
383 Services shall have exclusive authority to adopt by rule,
384 pursuant to chapter 120, exceptions to nonresidential farm
385 buildings exempted in paragraph (c) when reasonably necessary to
386 preserve public health, safety, and welfare. The exceptions must
387 be based upon specific criteria, such as under-roof floor area,
388 aggregate electrical service capacity, HVAC system capacity, or
389 other building requirements. Further, the commission may
390 recommend to the Legislature additional categories of buildings,
391 structures, or facilities which should be exempted from the
392 Florida Building Code, to be provided by law. The Florida
393 Building Code does not apply to temporary housing provided by
394 the Department of Corrections to any prisoner in the state
395 correctional system.
396 (14) The Florida Building Code may not require that an
397 existing air conditioning system installed on the surface of a
398 roof as of July 1, 2009, be raised 18 inches up from the surface
399 on which they are installed until such time as the system is
400 replaced, and an agency or local government having authority to
401 enforce the Florida Building Code or a local building code may
402 not require otherwise.
403 Section 8. Subsection (5) is added to section 553.74,
404 Florida Statutes, to read:
405 553.74 Florida Building Commission.—
406 (5) Notwithstanding any other law, a member of the
407 commission’s technical advisory committees or other advisory
408 committee or workgroup does not have an impermissible conflict
409 of interest when representing clients before the commission or
410 one of the commission’s workgroups, except that such member may
411 not be part of any discussion or take action as a technical
412 advisory committee member or member of an advisory committee or
413 workgroup on any matter in which the member has a direct
414 financial interest.
415 Section 9. Subsection (2) of section 553.76, Florida
416 Statutes, is amended to read:
417 553.76 General powers of the commission.—The commission is
418 authorized to:
419 (2) Issue memoranda of procedure for its internal
420 management and control. The commission may adopt rules related
421 to its consensus-based decision making process, including, but
422 not limited to, super majority voting requirements for
423 commission actions relating to adoption of amendments to or
424 adoption of the Florida Building Code.
425 Section 10. Subsection (4) of section 553.775, Florida
426 Statutes, is amended to read:
427 553.775 Interpretations.—
428 (4) In order to administer this section, the commission may
429 adopt by rule and impose a fee for binding and nonbinding
430 interpretations to recoup the cost of the proceedings which may
431 not exceed $250 for each request for a review or interpretation.
432 For proceedings conducted by or in coordination with a third
433 party, the rule may provide that payment be made directly to the
434 third party, who shall remit to the department that portion of
435 the fee necessary to cover the costs of the department.
436 Section 11. Subsection (9) of section 553.79, Florida
437 Statutes, is amended to read:
438 553.79 Permits; applications; issuance; inspections.—
439 (9) Any state agency whose enabling legislation authorizes
440 it to enforce provisions of the Florida Building Code may enter
441 into an agreement with any other unit of government to delegate
442 its responsibility to enforce those provisions and may expend
443 public funds for permit and inspection fees, which fees may be
444 no greater than the fees charged others. Inspection services not
445 required to be performed by a state agency under a federal
446 delegation of responsibility or by a state agency under the
447 Florida Building Code must be performed under the alternative
448 plans review and inspection process created in s. 553.791.
449 Section 12. Section 553.841, Florida Statutes, is amended
450 to read:
451 553.841 Building code compliance and mitigation program.—
452 (1) The Legislature finds that knowledge and understanding
453 by persons licensed in the design and construction industries of
454 the importance and need for complying with the Florida Building
455 Code is vital to the public health, safety, and welfare of this
456 state, especially for mitigating damage caused by hurricanes to
457 residents and visitors to the state. The Legislature further
458 finds that the Florida Building Code can be effective only if
459 all participants in the design and construction industries
460 maintain a thorough knowledge of the code and additions thereto
461 which improve construction standards to protect against storm
462 and other damage. Consequently, the Legislature finds that there
463 is a need for a program to provide ongoing education and
464 outreach activities concerning compliance with the Florida
465 Building Code and hurricane mitigation.
466 (2) The Department of Community Affairs shall administer a
467 program, designated as the Florida Building Code Compliance and
468 Mitigation Program, to develop, coordinate, and maintain
469 education and outreach to persons required to comply with the
470 Florida Building Code and ensure consistent education, training,
471 and communication of the code’s requirements, including, but not
472 limited to, methods for mitigation of storm-related damage. The
473 program shall also operate a clearinghouse through which design,
474 construction, and building code enforcement licensees,
475 suppliers, and consumers in this state may find others in order
476 to exchange information relating to mitigation and facilitate
477 repairs in the aftermath of a natural disaster.
478 (3) All services and materials under the Florida Building
479 Code Compliance and Mitigation Program must be provided by a
480 private, nonprofit corporation under contract with the
481 department. The term of the contract shall be for 4 years, with
482 the option of one 4-year renewal at the end of the contract
483 term. The initial contract must be in effect no later than
484 November 1, 2007. The private, nonprofit corporation must be an
485 organization whose membership includes trade and professional
486 organizations whose members consist primarily of persons and
487 entities that are required to comply with the Florida Building
488 Code and that are licensed under part XII of chapter 468,
489 chapter 471, chapter 481, or chapter 489. When selecting the
490 private, nonprofit corporation for the program, the department
491 must give primary consideration to the corporation’s
492 demonstrated experience and the ability to:
493 (a) Develop and deliver building code-related education,
494 training, and outreach;
495 (b) Directly access the majority of persons licensed in the
496 occupations of design, construction, and building code
497 enforcement individually and through established statewide trade
498 and professional association networks;
499 (c) Serve as a clearinghouse to deliver education and
500 outreach throughout the state. The clearinghouse must serve as a
501 focal point at which persons licensed to design, construct, and
502 enforce building codes and suppliers and consumers can find each
503 other in order to exchange information relating to mitigation
504 and facilitate repairs in the aftermath of a natural disaster;
505 (d) Accept input from the Florida Building Commission,
506 licensing regulatory boards, local building departments, and the
507 design and construction industries in order to improve its
508 education and outreach programs; and
509 (e) Promote design and construction techniques and
510 materials for mitigating hurricane damage at a Florida-based
511 trade conference that includes participants from the broadest
512 possible range of design and construction trades and
513 professions, including from those private and public sector
514 entities having jurisdiction over building codes and design and
515 construction licensure.
516 (4) The department, in administering the Florida Building
517 Code Compliance and Mitigation Program, shall maintain, update,
518 develop, or cause to be developed:
519 (a) A core curriculum that is prerequisite to the advanced
520 module coursework.
521 (b) Advanced modules designed for use by each profession.
522 (c) The core curriculum developed under this subsection
523 must be submitted to the Department of Business and Professional
524 Regulation for approval. Advanced modules developed under this
525 paragraph must be approved by the commission and submitted to
526 the respective boards for approval.
527 (5) The core curriculum shall cover the information
528 required to have all categories of participants appropriately
529 informed as to their technical and administrative
530 responsibilities in the effective execution of the code process
531 by all individuals currently licensed under part XII of chapter
532 468, chapter 471, chapter 481, or chapter 489, except as
533 otherwise provided in s. 471.017. The core curriculum shall be
534 prerequisite to the advanced module coursework for all licensees
535 and shall be completed by individuals licensed in all categories
536 under part XII of chapter 468, chapter 471, chapter 481, or
537 chapter 489 within the first 2-year period after initial
538 licensure. Core course hours taken by licensees to complete this
539 requirement shall count toward fulfillment of required
540 continuing education units under part XII of chapter 468,
541 chapter 471, chapter 481, or chapter 489.
542 (5)(6) Each biennium, upon receipt of funds by the
543 Department of Community Affairs from the Construction Industry
544 Licensing Board and the Electrical Contractors’ Licensing Board
545 provided under ss. 489.109(3) and 489.509(3), the department
546 shall determine the amount of funds available for the Florida
547 Building Code Compliance and Mitigation Program.
548 (6)(7) If the projects provided through the Florida
549 Building Code Compliance and Mitigation Program in any state
550 fiscal year do not require the use of all available funds, the
551 unused funds shall be carried forward and allocated for use
552 during the following fiscal year.
553 (7)(8) The Florida Building Commission shall provide by
554 rule for the accreditation of courses related to the Florida
555 Building Code by accreditors approved by the commission. The
556 commission shall establish qualifications of accreditors and
557 criteria for the accreditation of courses by rule. The
558 commission may revoke the accreditation of a course by an
559 accreditor if the accreditation is demonstrated to violate this
560 part or the rules of the commission.
561 (8)(9) This section does not prohibit or limit the subject
562 areas or development of continuing education or training on the
563 Florida Building Code by any qualified entity.
564 Section 13. Subsections (1), (5), (8), and (17) of section
565 553.842, Florida Statutes, are amended to read:
566 553.842 Product evaluation and approval.—
567 (1) The commission shall adopt rules under ss. 120.536(1)
568 and 120.54 to develop and implement a product evaluation and
569 approval system that applies statewide to operate in
570 coordination with the Florida Building Code. The commission may
571 enter into contracts to provide for administration of the
572 product evaluation and approval system. The commission’s rules
573 and any applicable contract may provide that payment of fees
574 related to approvals be made directly to the administrator who
575 shall remit to the department that portion of the fee necessary
576 to cover the department’s costs. The product evaluation and
577 approval system shall provide:
578 (a) Appropriate promotion of innovation and new
579 technologies.
580 (b) Processing submittals of products from manufacturers in
581 a timely manner.
582 (c) Independent, third-party qualified and accredited
583 testing and laboratory facilities, product evaluation entities,
584 quality assurance agencies, certification agencies, and
585 validation entities.
586 (d) An easily accessible product acceptance list to
587 entities subject to the Florida Building Code.
588 (e) Development of stringent but reasonable testing
589 criteria based upon existing consensus standards, when
590 available, for products.
591 (f) Long-term approvals, where feasible. State and local
592 approvals will be valid until the requirements of the code on
593 which the approval is based change, the product changes in a
594 manner affecting its performance as required by the code, or the
595 approval is revoked.
596 (g) Criteria for revocation of a product approval.
597 (h) Cost-effectiveness.
598 (5) Statewide approval of products, methods, or systems of
599 construction may be achieved by one of the following methods.
600 One of these methods must be used by the commission to approve
601 the following categories of products: panel walls, exterior
602 doors, roofing, skylights, windows, shutters, and structural
603 components as established by the commission by rule.
604 (a) Products for which the code establishes standardized
605 testing or comparative or rational analysis methods shall be
606 approved by submittal and validation of one of the following
607 reports or listings indicating that the product or method or
608 system of construction was evaluated to be in compliance with
609 the Florida Building Code and that the product or method or
610 system of construction is, for the purpose intended, at least
611 equivalent to that required by the Florida Building Code:
612 1. A certification mark or listing of an approved
613 certification agency, which may be used only for products for
614 which the code designates standardized testing;
615 2. A test report from an approved testing laboratory;
616 3. A product evaluation report based upon testing or
617 comparative or rational analysis, or a combination thereof, from
618 an approved product evaluation entity; or
619 4. A product evaluation report based upon testing or
620 comparative or rational analysis, or a combination thereof,
621 developed and signed and sealed by a professional engineer or
622 architect, licensed in this state.
623
624 A product evaluation report or a certification mark or listing
625 of an approved certification agency which demonstrates that the
626 product or method or system of construction complies with the
627 Florida Building Code for the purpose intended shall be
628 equivalent to a test report and test procedure as referenced in
629 the Florida Building Code. An application for state approval of
630 a product under subparagraph 1. shall be approved by the
631 department after the commission staff or a designee verifies
632 within 10 days after receipt that the application and related
633 documentation are complete. Upon approval by the department, the
634 product shall be immediately added to the list of state-approved
635 products maintained under subsection (13). Approvals by the
636 department shall be reviewed and ratified by the commission’s
637 program oversight committee except for a showing of good cause.
638 (b) Products, methods, or systems of construction for which
639 there are no specific standardized testing or comparative or
640 rational analysis methods established in the code may be
641 approved by submittal and validation of one of the following:
642 1. A product evaluation report based upon testing or
643 comparative or rational analysis, or a combination thereof, from
644 an approved product evaluation entity indicating that the
645 product or method or system of construction was evaluated to be
646 in compliance with the intent of the Florida Building Code and
647 that the product or method or system of construction is, for the
648 purpose intended, at least equivalent to that required by the
649 Florida Building Code; or
650 2. A product evaluation report based upon testing or
651 comparative or rational analysis, or a combination thereof,
652 developed and signed and sealed by a professional engineer or
653 architect, licensed in this state, who certifies that the
654 product or method or system of construction is, for the purpose
655 intended, at least equivalent to that required by the Florida
656 Building Code.
657 (8) The commission may adopt rules to approve the following
658 types of entities that produce information on which product
659 approvals are based. All of the following entities, including
660 engineers and architects, must comply with a nationally
661 recognized standard demonstrating independence or no conflict of
662 interest:
663 (a) Evaluation entities that meet the criteria for approval
664 adopted by the commission by rule. The commission shall
665 specifically approve the National Evaluation Service, the
666 International Association of Plumbing and Mechanical Officials
667 Evaluation Service the International Conference of Building
668 Officials Evaluation Services, the International Code Council
669 Evaluation Services, the Building Officials and Code
670 Administrators International Evaluation Services, the Southern
671 Building Code Congress International Evaluation Services, and
672 the Miami-Dade County Building Code Compliance Office Product
673 Control. Architects and engineers licensed in this state are
674 also approved to conduct product evaluations as provided in
675 subsection (5).
676 (b) Testing laboratories accredited by national
677 organizations, such as A2LA and the National Voluntary
678 Laboratory Accreditation Program, laboratories accredited by
679 evaluation entities approved under paragraph (a), and
680 laboratories that comply with other guidelines for testing
681 laboratories selected by the commission and adopted by rule.
682 (c) Quality assurance entities approved by evaluation
683 entities approved under paragraph (a) and by certification
684 agencies approved under paragraph (d) and other quality
685 assurance entities that comply with guidelines selected by the
686 commission and adopted by rule.
687 (d) Certification agencies accredited by nationally
688 recognized accreditors and other certification agencies that
689 comply with guidelines selected by the commission and adopted by
690 rule.
691 (e) Validation entities that comply with accreditation
692 standards established by the commission by rule.
693 (17)(a) The Florida Building Commission shall review the
694 list of evaluation entities in subsection (8) and, in the annual
695 report required under s. 553.77, shall either recommend
696 amendments to the list to add evaluation entities the commission
697 determines should be authorized to perform product evaluations
698 or shall report on the criteria adopted by rule or to be adopted
699 by rule allowing the commission to approve evaluation entities
700 that use the commission’s product evaluation process. If the
701 commission adopts criteria by rule, the rulemaking process must
702 be completed by July 1, 2009.
703 (b) Notwithstanding paragraph (8)(a), the International
704 Association of Plumbing and Mechanical Officials Evaluation
705 Services is approved as an evaluation entity until October 1,
706 2009. If the association does not obtain permanent approval by
707 the commission as an evaluation entity by October 1, 2009,
708 products approved on the basis of an association evaluation must
709 be substituted by an alternative, approved entity by December
710 31, 2009, and on January 1, 2010, any product approval issued by
711 the commission based on an association evaluation is void.
712 Section 14. Section 553.885, Florida Statutes, is amended
713 to read:
714 553.885 Carbon monoxide alarm required.—
715 (1) Every building, other than a hospital, an inpatient
716 hospice facility, or a nursing home facility licensed by the
717 Agency for Health Care Administration, constructed for which a
718 building permit is issued for new construction on or after July
719 1, 2008, and having a fossil-fuel-burning heater or appliance, a
720 fireplace, or an attached garage, or other feature, fixture or
721 element that emits carbon monoxide as a byproduct of combustion
722 shall have an approved operational carbon monoxide alarm
723 installed within 10 feet of each room used for sleeping purposes
724 or at such other locations as required by the Florida Building
725 Code. The requirements of this subsection may be satisfied with
726 the installation of a battery powered carbon monoxide alarm or a
727 battery powered combination carbon monoxide and smoke alarm. For
728 a new hospital, an inpatient hospice facility, or a nursing home
729 facility licensed by the Agency for Health Care Administration,
730 an approved operational carbon monoxide detector shall be
731 installed inside or directly outside of each room or area within
732 the hospital or facility where a fossil-fuel-burning heater,
733 engine, or appliance is located. This detector shall be
734 connected to the fire alarm system of the hospital or facility
735 as a supervisory signal.
736 (2) The Florida Building Commission shall adopt rules to
737 administer this section and shall incorporate such requirements
738 into its next revision of the Florida Building Code.
739 (3) As used in this section, the term:
740 (a) “Carbon monoxide alarm” means a device that is meant
741 for the purpose of detecting carbon monoxide, that produces a
742 distinct audible alarm, and that meets the requirements of and
743 is approved by the Florida Building Commission.
744 (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
745 other petroleum or hydrocarbon product that emits carbon
746 monoxide as a by-product of combustion.
747 Section 15. Paragraph (d) of subsection (3) of section
748 468.609, Florida Statutes, is amended to read:
749 468.609 Administration of this part; standards for
750 certification; additional categories of certification.—
751 (3) A person may take the examination for certification as
752 a building code administrator pursuant to this part if the
753 person:
754 (d) After the building code training program is established
755 under s. 553.841, demonstrates successful completion of the core
756 curriculum approved by the Florida Building Commission,
757 appropriate to the licensing category sought.
758 Section 16. Subsection (6) of section 468.627, Florida
759 Statutes, is repealed.
760 Section 17. Section 471.0195, Florida Statutes, is amended
761 to read:
762 471.0195 Florida Building Code training for engineers.—All
763 licensees actively participating in the design of engineering
764 works or systems in connection with buildings, structures, or
765 facilities and systems covered by the Florida Building Code
766 shall take continuing education courses and submit proof to the
767 board, at such times and in such manner as established by the
768 board by rule, that the licensee has completed the core
769 curriculum courses and any specialized or advanced courses on
770 any portion of the Florida Building Code applicable to the
771 licensee’s area of practice or has passed the appropriate
772 equivalency test of the Building Code Training Program as
773 required by s. 553.841. The board shall record reported
774 continuing education courses on a system easily accessed by code
775 enforcement jurisdictions for evaluation when determining
776 license status for purposes of processing design documents.
777 Local jurisdictions shall be responsible for notifying the board
778 when design documents are submitted for building construction
779 permits by persons who are not in compliance with this section.
780 The board shall take appropriate action as provided by its rules
781 when such noncompliance is determined to exist.
782 Section 18. Subsection (5) of section 481.215, Florida
783 Statutes, is repealed.
784 Section 19. Subsection (5) of section 481.313, Florida
785 Statutes, is repealed.
786 Section 20. Paragraph (b) of subsection (4) of section
787 489.115, Florida Statutes, is amended to read:
788 489.115 Certification and registration; endorsement;
789 reciprocity; renewals; continuing education.—
790 (4)
791 (b)1. Each certificateholder or registrant shall provide
792 proof, in a form established by rule of the board, that the
793 certificateholder or registrant has completed at least 14
794 classroom hours of at least 50 minutes each of continuing
795 education courses during each biennium since the issuance or
796 renewal of the certificate or registration. The board shall
797 establish by rule that a portion of the required 14 hours must
798 deal with the subject of workers’ compensation, business
799 practices, workplace safety, and, for applicable licensure
800 categories, wind mitigation methodologies, and 1 hour of which
801 must deal with laws and rules. The board shall by rule establish
802 criteria for the approval of continuing education courses and
803 providers, including requirements relating to the content of
804 courses and standards for approval of providers, and may by rule
805 establish criteria for accepting alternative nonclassroom
806 continuing education on an hour-for-hour basis. The board shall
807 prescribe by rule the continuing education, if any, which is
808 required during the first biennium of initial licensure. A
809 person who has been licensed for less than an entire biennium
810 must not be required to complete the full 14 hours of continuing
811 education.
812 2. In addition, the board may approve specialized
813 continuing education courses on compliance with the wind
814 resistance provisions for one and two family dwellings contained
815 in the Florida Building Code and any alternate methodologies for
816 providing such wind resistance which have been approved for use
817 by the Florida Building Commission. Division I
818 certificateholders or registrants who demonstrate proficiency
819 upon completion of such specialized courses may certify plans
820 and specifications for one and two family dwellings to be in
821 compliance with the code or alternate methodologies, as
822 appropriate, except for dwellings located in floodways or
823 coastal hazard areas as defined in ss. 60.3D and E of the
824 National Flood Insurance Program.
825 3. Each certificateholder or registrant shall provide to
826 the board proof of completion of the core curriculum courses, or
827 passing the equivalency test of the Building Code Training
828 Program established under s. 553.841, specific to the licensing
829 category sought, within 2 years after commencement of the
830 program or of initial certification or registration, whichever
831 is later. Classroom hours spent taking core curriculum courses
832 shall count toward the number required for renewal of
833 certificates or registration. A certificateholder or registrant
834 who passes the equivalency test in lieu of taking the core
835 curriculum courses shall receive full credit for core curriculum
836 course hours.
837 3.4. The board shall require, by rule adopted pursuant to
838 ss. 120.536(1) and 120.54, a specified number of hours in
839 specialized or advanced module courses, approved by the Florida
840 Building Commission, on any portion of the Florida Building
841 Code, adopted pursuant to part IV of chapter 553, relating to
842 the contractor’s respective discipline.
843 Section 21. Subsection (1) of section 489.1455, Florida
844 Statutes, is amended to read:
845 489.1455 Journeyman; reciprocity; standards.—
846 (1) An individual who holds a valid, active journeyman
847 license in the plumbing/pipe fitting, mechanical, or HVAC trades
848 issued by any county or municipality in this state may work as a
849 journeyman in the trade in which he or she is licensed in any
850 county or municipality of this state without taking an
851 additional examination or paying an additional license fee, if
852 he or she:
853 (a) Has scored at least 70 percent, or after October 1,
854 1997, at least 75 percent, on a proctored journeyman Block and
855 Associates examination or other proctored examination approved
856 by the board for the trade in which he or she is licensed;
857 (b) Has completed an apprenticeship program registered with
858 the Department of Labor and Employment Security and demonstrates
859 4 years’ verifiable practical experience in the trade for which
860 he or she is licensed, or demonstrates 6 years’ verifiable
861 practical experience in the trade for which he or she is
862 licensed;
863 (c) Has satisfactorily completed specialized and advanced
864 module coursework approved by the Florida Building Commission,
865 as part of the Building Code Training Program established in s.
866 553.841, specific to the discipline, and successfully completed
867 the program’s core curriculum courses or passed an equivalency
868 test in lieu of taking the core curriculum courses and provided
869 proof of completion of such curriculum courses or examination
870 and obtained a certificate from the board pursuant to this part
871 or, pursuant to authorization by the certifying authority,
872 provides proof of completion of such curriculum or coursework
873 within 6 months after such certification; and
874 (d) Has not had a license suspended or revoked within the
875 last 5 years.
876 Section 22. Subsection (3) of section 489.517, Florida
877 Statutes, is amended to read:
878 489.517 Renewal of certificate or registration; continuing
879 education.—
880 (3)(a) Each certificateholder or registrant shall provide
881 proof, in a form established by rule of the board, that the
882 certificateholder or registrant has completed at least 14
883 classroom hours of at least 50 minutes each of continuing
884 education courses during each biennium since the issuance or
885 renewal of the certificate or registration. The board shall by
886 rule establish criteria for the approval of continuing education
887 courses and providers and may by rule establish criteria for
888 accepting alternative nonclassroom continuing education on an
889 hour-for-hour basis.
890 (b) Each certificateholder or registrant shall provide to
891 the board proof of completion of the core curriculum courses or
892 passing the equivalency test of the Building Code Training
893 Program established under s. 553.841, specific to the licensing
894 category sought, within 2 years after commencement of the
895 program or of initial certification or registration, whichever
896 is later. Classroom hours spent taking core curriculum courses
897 shall count toward the number required for renewal of
898 certificate or registration. A certificateholder or registrant
899 who passes the equivalency test in lieu of taking the core
900 curriculum courses shall receive full credit for core curriculum
901 course hours.
902 Section 23. For the purpose of incorporating the amendment
903 made by this act to section 553.79, Florida Statutes, in a
904 reference thereto, subsection (1) of section 553.80, Florida
905 Statutes, is reenacted to read:
906 553.80 Enforcement.—
907 (1) Except as provided in paragraphs (a)-(g), each local
908 government and each legally constituted enforcement district
909 with statutory authority shall regulate building construction
910 and, where authorized in the state agency’s enabling
911 legislation, each state agency shall enforce the Florida
912 Building Code required by this part on all public or private
913 buildings, structures, and facilities, unless such
914 responsibility has been delegated to another unit of government
915 pursuant to s. 553.79(9).
916 (a) Construction regulations relating to correctional
917 facilities under the jurisdiction of the Department of
918 Corrections and the Department of Juvenile Justice are to be
919 enforced exclusively by those departments.
920 (b) Construction regulations relating to elevator equipment
921 under the jurisdiction of the Bureau of Elevators of the
922 Department of Business and Professional Regulation shall be
923 enforced exclusively by that department.
924 (c) In addition to the requirements of s. 553.79 and this
925 section, facilities subject to the provisions of chapter 395 and
926 part II of chapter 400 shall have facility plans reviewed and
927 construction surveyed by the state agency authorized to do so
928 under the requirements of chapter 395 and part II of chapter 400
929 and the certification requirements of the Federal Government.
930 (d) Building plans approved under s. 553.77(3) and state
931 approved manufactured buildings, including buildings
932 manufactured and assembled offsite and not intended for
933 habitation, such as lawn storage buildings and storage sheds,
934 are exempt from local code enforcing agency plan reviews except
935 for provisions of the code relating to erection, assembly, or
936 construction at the site. Erection, assembly, and construction
937 at the site are subject to local permitting and inspections.
938 Lawn storage buildings and storage sheds bearing the insignia of
939 approval of the department are not subject to s. 553.842. Such
940 buildings that do not exceed 400 square feet may be delivered
941 and installed without need of a contractor’s or specialty
942 license.
943 (e) Construction regulations governing public schools,
944 state universities, and community colleges shall be enforced as
945 provided in subsection (6).
946 (f) The Florida Building Code as it pertains to toll
947 collection facilities under the jurisdiction of the turnpike
948 enterprise of the Department of Transportation shall be enforced
949 exclusively by the turnpike enterprise.
950 (g) Construction regulations relating to secure mental
951 health treatment facilities under the jurisdiction of the
952 Department of Children and Family Services shall be enforced
953 exclusively by the department in conjunction with the Agency for
954 Health Care Administration’s review authority under paragraph
955 (c).
956
957 The governing bodies of local governments may provide a schedule
958 of fees, as authorized by s. 125.56(2) or s. 166.222 and this
959 section, for the enforcement of the provisions of this part.
960 Such fees shall be used solely for carrying out the local
961 government’s responsibilities in enforcing the Florida Building
962 Code. The authority of state enforcing agencies to set fees for
963 enforcement shall be derived from authority existing on July 1,
964 1998. However, nothing contained in this subsection shall
965 operate to limit such agencies from adjusting their fee schedule
966 in conformance with existing authority.
967 Section 24. The Florida Building Commission is directed to
968 adjust the Florida Building Code for consistency with the
969 revisions to s. 399.02, Florida Statutes, under section 1 of
970 this act.
971 Section 25. This act shall take effect July 1, 2009.
972
973 ================= T I T L E A M E N D M E N T ================
974 And the title is amended as follows:
975 Delete everything before the enacting clause
976 and insert:
977 A bill to be entitled
978 An act relating to building codes; amending s. 339.02,
979 F.S., providing requirements relating to elevator
980 safety; amending s. 399.15, F.S., providing an
981 alternative method to provide regional emergency
982 elevator access; providing for a uniform lock box;
983 providing for a master key; providing the Division of
984 State Fire Marshal with enforcement authority;
985 directing the Department of Financial Services to
986 select the provider of the uniform lock box; amending
987 s. 627.351, F.S.; deleting a requirement for opening
988 protections for designated property; repealing
989 subsection (6) of s. 718.113, F.S.; relating to
990 requirements for 5-year inspections of certain
991 condominium improvements; amending s. 553.37, F.S.;
992 revising criteria for inspection of manufactured
993 buildings; authorizing manufacturers to pay inspection
994 fees directly to the provider of inspection services;
995 providing rulemaking authority to the Department of
996 Community Affairs; authorizing the department to enter
997 into contracts for the performance of certain
998 administrative duties; revising inspection
999 requirements for certain custom manufactured
1000 buildings; amending s. 553.375, F.S.; revising the
1001 requirement for recertification of manufactured
1002 buildings prior to relocation; amending s. 553.73,
1003 F.S.; authorizing the commission to adopt amendments
1004 relating to equivalency of standards; authorizing the
1005 adoption of amendments necessary to accommodate
1006 certain agency rules relating to hospitals; inpatient
1007 hospice facilities; or nursing home facilities
1008 licensed by the agency; providing an exception to the
1009 Florida Building Code; restricting the code from
1010 imposing requirements on certain air conditioning
1011 systems; amending s. 553.74, F.S.; authorizing members
1012 of the commission’s advisory and technical committees
1013 to appear before the commission on professional
1014 matters; providing that the member may not take action
1015 on certain matters; amending s. 553.76, F.S.;
1016 authorizing the Florida Building Commission to adopt
1017 rules related to consensus-building decision making;
1018 amending s. 553.775, F.S.; authorizing the commission
1019 to charge a fee for non-binding interpretations;
1020 amending s. 553.79, F.S.; requiring state agencies to
1021 contract for inspection services under the alternative
1022 plans review and inspection process; providing
1023 exceptions; amending s. 553.841, F.S.; to delete
1024 requirements that the department maintain, update,
1025 develop, or cause to be developed a core curriculum;
1026 amending s. 553.842, F.S.; authorizing commission
1027 rules to provide for the payment of product evaluation
1028 fees directly to the provider; providing that the
1029 provider must remit the department’s portion of the
1030 fees; providing requirements for approval of
1031 applications for state approval of a product;
1032 providing that certain approved products will be
1033 immediately added to the list of state-approved
1034 products; providing for review and ratification of an
1035 approved product by the commission; revising the list
1036 of approved evaluation entities; deleting obsolete
1037 provisions; amending s. 553.885, F.S.; revising
1038 requirements for carbon monoxide alarms; repealing ss.
1039 468.627(6), 481.215(5), and 481.313(5), F.S., relating
1040 to building code inspectors, renewal of the license
1041 for architects, interior designers, and landscape
1042 architects, respectively; amending ss. 468.609,
1043 471.0195, 489.115, 489.1455, and 489.517, F.S.,
1044 conforming provisions relating to the deletion of core
1045 curriculum courses; reenacting s. 553.801(1), F.S.,
1046 relating to the enforcement of the Florida Building
1047 Code, to incorporate the amendments made to s. 553.79,
1048 F.S., in a reference thereto; directing the Florida
1049 Building Commission to update the Florida Building
1050 Code to include revisions made to s. 399.02, F.S.;
1051 providing an effective date.