Florida Senate - 2010 SB 2694
By Senator Constantine
22-01019-10 20102694__
1 A bill to be entitled
2 An act relating to the Florida Building Commission;
3 amending s. 553.37, F.S.; requiring that the
4 Department of Community Affairs adopt rules addressing
5 the performance of its designee and contractors;
6 authorizing the department to adopt rules that provide
7 for manufacturers to pay fees directly to the
8 administrator; providing an exception from approval
9 and insignia requirements for custom or one-of-a-kind
10 prototype manufactured buildings; requiring that such
11 manufactured buildings be in compliance with all of
12 the requirements of the local governmental agency
13 having jurisdiction at the installation site; amending
14 s. 553.375, F.S.; revising provisions relating to the
15 recertification of manufactured buildings; providing
16 that the manufacturer, dealer, or owner of a
17 manufactured building may apply for recertification of
18 such building before it is relocated to a site that
19 has a higher design wind speed; amending s. 553.512,
20 F.S.; requiring that the Florida Building Commission
21 adopt rules establishing a fee to be paid upon
22 submitting a request for a waiver from the
23 requirements of the Florida Americans with
24 Disabilities Accessibility Implementation Act;
25 amending s. 553.73, F.S.; authorizing counties and
26 municipalities to adopt by ordinance administrative
27 and technical amendments to the Florida Building Code
28 regarding flood resistance to implement the National
29 Flood Insurance Program; deleting a provision that
30 requires the Florida Building Commission to make an
31 updated version of the Florida Building Code available
32 to the public; authorizing the commission to approve
33 certain amendments to the code; exempting certain
34 family mausoleums from the code; amending s. 553.74,
35 F.S.; providing that a member of any of the
36 commission’s technical advisory committees, or other
37 advisory committees or workgroups, does not have an
38 impermissible conflict of interest when representing
39 clients before the commission or one of its committees
40 or workgroups; providing an exception if the member
41 has a direct financial interest; amending s. 553.76,
42 F.S.; authorizing the commission to adopt rules
43 related to its consensus-based decisionmaking
44 processes; amending s. 553.775, F.S.; authorizing the
45 commission to impose a fee for filing requests for
46 declaratory statements and nonbinding interpretations;
47 amending s. 553.80, F.S.; providing that certain
48 exemptions from the Florida Building Code do not apply
49 to a single-family residence located in a flood hazard
50 area unless the work is determined not to be a
51 substantial improvement to such residence; amending s.
52 553.842, F.S.; revising provisions relating to the
53 product evaluation and approval system; authorizing
54 the commission to adopt rules providing for the
55 payment of fees related to approvals; authorizing the
56 commission to adopt rules allowing for editorial
57 revisions to approvals; revising provisions requiring
58 that the commission specifically approve the
59 International Association of Plumbing and Mechanical
60 Officials Evaluation Service; amending s. 553.885,
61 F.S.; revising provisions requiring that certain
62 buildings have an approved operational carbon monoxide
63 alarm; authorizing the installation of a battery
64 powered carbon monoxide alarm or a battery-powered
65 combination carbon monoxide and smoke alarm; providing
66 an exemption for existing buildings that are
67 undergoing alterations or repairs unless the
68 alteration is an extension or increase in floor area,
69 number of stories, or height of a building or
70 structure; defining the term “addition”; providing an
71 effective date.
72
73 Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. Subsections (2) and (8) of section 553.37,
76 Florida Statutes, are amended, and subsection (12) is added to
77 that section, to read:
78 553.37 Rules; inspections; and insignia.—
79 (2) The department shall adopt rules to address:
80 (a) Procedures and qualifications for approval of third
81 party plan review and inspection agencies and of those who
82 perform inspections and plan reviews.
83 (b) Investigation of consumer complaints of noncompliance
84 of manufactured buildings with the Florida Building Code and the
85 Florida Fire Prevention Code.
86 (c) Issuance, cancellation, and revocation of any insignia
87 issued by the department and procedures for auditing and
88 accounting for disposition of them.
89 (d) Monitoring the manufacturers’, inspection agencies’,
90 and plan review agencies’ compliance with this part and the
91 Florida Building Code. Monitoring may include, but is not
92 limited to, performing audits of plans, inspections of
93 manufacturing facilities and observation of the manufacturing
94 and inspection process, and onsite inspections of buildings.
95 (e) The performance by the department and its designee and
96 contractors of any other functions required by this part.
97 (8) The department, by rule, shall establish a schedule of
98 fees to pay the cost of the administration and enforcement of
99 this part. The rule may provide for manufacturers to pay fees
100 directly to the administrator.
101 (12) Custom or one-of-a-kind prototype manufactured
102 buildings are not required to have state approval, but must be
103 in compliance with all of the requirements of the local
104 governmental agency that has jurisdiction at the installation
105 site.
106 Section 2. Section 553.375, Florida Statutes, is amended to
107 read:
108 553.375 Recertification of manufactured buildings.—Prior to
109 the relocation of a manufactured building within the state to a
110 site that has a higher design wind speed, or the modification,
111 or change of occupancy of such a manufactured building within
112 the state, the manufacturer, dealer, or owner thereof may apply
113 to the department for recertification of that manufactured
114 building. The department shall, by rule, provide what
115 information the applicant must submit for recertification and
116 for plan review and inspection of such manufactured buildings
117 and shall establish fees for recertification. Upon a
118 determination by the department that the manufactured building
119 complies with the applicable building codes, the department
120 shall issue a recertification insignia. A manufactured building
121 that bears recertification insignia does not require any
122 additional approval by an enforcement jurisdiction in which the
123 building is sold or installed, and is considered to comply with
124 all applicable codes. As an alternative to recertification by
125 the department, the manufacturer, dealer, or owner of a
126 manufactured building may seek appropriate permitting and a
127 certificate of occupancy from the local jurisdiction in
128 accordance with procedures generally applicable under the
129 Florida Building Code.
130 Section 3. Subsection (1) of section 553.512, Florida
131 Statutes, is amended to read:
132 553.512 Modifications and waivers; advisory council.—
133 (1) The Florida Building Commission shall provide by
134 regulation criteria for granting individual modifications of, or
135 exceptions from, the literal requirements of this part upon a
136 determination of unnecessary, unreasonable, or extreme hardship,
137 provided such waivers shall not violate federal accessibility
138 laws and regulations and shall be reviewed by the Accessibility
139 Advisory Council. The commission shall adopt rules establishing
140 a fee to be paid upon submitting a request for a waiver pursuant
141 to this section. Notwithstanding any other provision of this
142 subsection, if an applicant for a waiver demonstrates economic
143 hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
144 shall be granted. The commission may not consider waiving any of
145 the requirements of s. 553.5041 unless the applicant first
146 demonstrates that she or he has applied for and been denied
147 waiver or variance from all local government zoning, subdivision
148 regulations, or other ordinances that prevent compliance
149 therewith. Further, the commission may not waive the requirement
150 of s. 553.5041(5)(a) and (c)1. governing the minimum width of
151 accessible routes and minimum width of accessible parking
152 spaces.
153 Section 4. Present subsections (5) through (13) of section
154 553.73, Florida Statutes, are redesignated as subsections (6)
155 through (14), respectively, a new subsection (5) is added to
156 that section, and present subsections (6), (7), and (9) of that
157 section are amended, to read:
158 553.73 Florida Building Code.—
159 (5) Notwithstanding subsection (4), a county or
160 municipality may adopt by ordinance administrative and technical
161 amendments to the Florida Building Code regarding flood
162 resistance to implement the programs or incentives of the
163 National Flood Insurance Program. An administrative amendment
164 may assign the duty to enforce all or portions of flood-related
165 code provisions to appropriate agencies of the local government
166 and may adopt procedures for variances and exceptions from
167 flood-related code provisions other than the provisions for
168 structures seaward of the coastal construction control line
169 consistent with 44 C.F.R. s. 60.6. A technical amendment is
170 authorized to the extent that it is more stringent than the
171 code. An administrative or technical amendment is not subject to
172 the requirements in subsection (4) and may not be rescinded by
173 the Florida Building Commission upon updating the code if the
174 amendment is adopted for the purpose of participating in the
175 Community Rating System promulgated pursuant to 42 U.S.C. s.
176 4022. Any amendment adopted pursuant to this subsection shall be
177 transmitted to the commission within 30 days after its adoption.
178 (7)(6)(a) The commission, by rule adopted pursuant to ss.
179 120.536(1) and 120.54, shall update the Florida Building Code
180 every 3 years. When updating the Florida Building Code, the
181 commission shall select the most current version of the
182 International Building Code, the International Fuel Gas Code,
183 the International Mechanical Code, the International Plumbing
184 Code, and the International Residential Code, all of which are
185 adopted by the International Code Council, and the National
186 Electrical Code, which is adopted by the National Fire
187 Protection Association, to form the foundation codes of the
188 updated Florida Building Code, if the version has been adopted
189 by the applicable model code entity and made available to the
190 public at least 6 months prior to its selection by the
191 commission. The commission shall select the most current version
192 of the International Energy Conservation Code (IECC) as a
193 foundation code; however, the IECC shall be modified by the
194 commission to maintain the efficiencies of the Florida Energy
195 Efficiency Code for Building Construction adopted and amended
196 pursuant to s. 553.901.
197 (8)(7) Notwithstanding the provisions of subsection (3) or
198 subsection (7) (6), the commission may address issues identified
199 in this subsection by amending the code pursuant only to the
200 rule adoption procedures contained in chapter 120. Provisions of
201 the Florida Building Code, including those contained in
202 referenced standards and criteria, relating to wind resistance
203 or the prevention of water intrusion may not be amended pursuant
204 to this subsection to diminish those construction requirements;
205 however, the commission may, subject to conditions in this
206 subsection, amend the provisions to enhance those construction
207 requirements. Following the approval of any amendments to the
208 Florida Building Code by the commission and publication of the
209 amendments on the commission’s website, authorities having
210 jurisdiction to enforce the Florida Building Code may enforce
211 the amendments. The commission may approve amendments that are
212 needed to address:
213 (a) Conflicts within the updated code;
214 (b) Conflicts between the updated code and the Florida Fire
215 Prevention Code adopted pursuant to chapter 633;
216 (c) The omission of previously adopted Florida-specific
217 amendments to the updated code if such omission is not supported
218 by a specific recommendation of a technical advisory committee
219 or particular action by the commission;
220 (d) Unintended results from the integration of previously
221 adopted Florida-specific amendments with the model code;
222 (e) Equivalency of standards;
223 (f) The specific needs of state agencies when their rules
224 must be updated to reflect federal requirements relating to
225 design criteria for public educational facilities and state
226 licensed facilities.
227 (g)(e) Changes to or inconsistencies with federal or state
228 law; or
229 (h)(f) Adoption of an updated edition of the National
230 Electrical Code if the commission finds that delay of
231 implementing the updated edition causes undue hardship to
232 stakeholders or otherwise threatens the public health, safety,
233 and welfare.
234 (10)(9) The following buildings, structures, and facilities
235 are exempt from the Florida Building Code as provided by law,
236 and any further exemptions shall be as determined by the
237 Legislature and provided by law:
238 (a) Buildings and structures specifically regulated and
239 preempted by the Federal Government.
240 (b) Railroads and ancillary facilities associated with the
241 railroad.
242 (c) Nonresidential farm buildings on farms.
243 (d) Temporary buildings or sheds used exclusively for
244 construction purposes.
245 (e) Mobile or modular structures used as temporary offices,
246 except that the provisions of part II relating to accessibility
247 by persons with disabilities shall apply to such mobile or
248 modular structures.
249 (f) Those structures or facilities of electric utilities,
250 as defined in s. 366.02, which are directly involved in the
251 generation, transmission, or distribution of electricity.
252 (g) Temporary sets, assemblies, or structures used in
253 commercial motion picture or television production, or any
254 sound-recording equipment used in such production, on or off the
255 premises.
256 (h) Storage sheds that are not designed for human
257 habitation and that have a floor area of 720 square feet or less
258 are not required to comply with the mandatory wind-borne-debris
259 impact standards of the Florida Building Code.
260 (i) Chickees constructed by the Miccosukee Tribe of Indians
261 of Florida or the Seminole Tribe of Florida. As used in this
262 paragraph, the term “chickee” means an open-sided wooden hut
263 that has a thatched roof of palm or palmetto or other
264 traditional materials, and that does not incorporate any
265 electrical, plumbing, or other nonwood features.
266 (j) Family mausoleums that are prefabricated and assembled
267 on site, or preassembled and delivered on site; that have walls,
268 roofs, and a floor constructed of granite, marble, or reinforced
269 concrete; and that do not exceed 250 square feet in area.
270
271 With the exception of paragraphs (a), (b), (c), and (f), in
272 order to preserve the health, safety, and welfare of the public,
273 the Florida Building Commission may, by rule adopted pursuant to
274 chapter 120, provide for exceptions to the broad categories of
275 buildings exempted in this section, including exceptions for
276 application of specific sections of the code or standards
277 adopted therein. The Department of Agriculture and Consumer
278 Services shall have exclusive authority to adopt by rule,
279 pursuant to chapter 120, exceptions to nonresidential farm
280 buildings exempted in paragraph (c) when reasonably necessary to
281 preserve public health, safety, and welfare. The exceptions must
282 be based upon specific criteria, such as under-roof floor area,
283 aggregate electrical service capacity, HVAC system capacity, or
284 other building requirements. Further, the commission may
285 recommend to the Legislature additional categories of buildings,
286 structures, or facilities which should be exempted from the
287 Florida Building Code, to be provided by law.
288 Section 5. Subsection (5) is added to section 553.74,
289 Florida Statutes, to read:
290 553.74 Florida Building Commission.—
291 (5) Notwithstanding s. 112.313 or any other provision of
292 law, a person’s membership on any of the commission’s technical
293 advisory committees or other advisory committees or workgroups
294 does not constitute an impermissible conflict of interest if
295 that person represents clients before the commission or one of
296 its committees or workgroups. However, such person may not be
297 part of any discussion or take action as a member of a committee
298 or workgroup on any matter in which he or she has a direct
299 financial interest.
300 Section 6. Subsection (2) of section 553.76, Florida
301 Statutes, is amended to read:
302 553.76 General powers of the commission.—The commission is
303 authorized to:
304 (2) Issue memoranda of procedure for its internal
305 management and control. The commission may adopt rules related
306 to its consensus-based, decisionmaking processes, including, but
307 not limited to, super majority voting requirements for
308 commission actions regarding the adoption of the Florida
309 Building Code.
310 Section 7. Subsection (4) of section 553.775, Florida
311 Statutes, is amended to read:
312 553.775 Interpretations.—
313 (4) In order to administer this section, the commission may
314 adopt by rule and impose a fee for filing requests for
315 declaratory statements and binding and nonbinding
316 interpretations to recoup the cost of the proceedings which may
317 not exceed $250 for each request for a review or interpretation.
318 For proceedings conducted by or in coordination with a third
319 party, the rule may provide that payment be made directly to the
320 third party, who shall remit to the department that portion of
321 the fee necessary to cover the costs of the department.
322 Section 8. Subsection (3) of section 553.80, Florida
323 Statutes, is amended to read:
324 553.80 Enforcement.—
325 (3) Each enforcement district shall be governed by a board,
326 the composition of which shall be determined by the affected
327 localities. At its own option each enforcement district or local
328 enforcement agency may promulgate rules granting to the owner of
329 a single-family residence one or more exemptions from the
330 Florida Building Code relating to:
331 (a) Addition, alteration, or repairs performed by the
332 property owner upon his or her own property, provided any
333 addition or alteration shall not exceed 1,000 square feet or the
334 square footage of the primary structure, whichever is less.
335 (b) Addition, alteration, or repairs by a nonowner within a
336 specific cost limitation set by rule, provided the total cost
337 shall not exceed $5,000 within any 12-month period.
338 (c) Building and inspection fees.
339
340 The exemptions do not apply to a single-family residence that is
341 located in a mapped flood hazard area, as defined in the code,
342 unless the enforcement district or local enforcement agency has
343 determined, that the work does not constitute a substantial
344 improvement to the single-family residence, including the repair
345 of substantial damage. Each code exemption, as defined in
346 paragraphs (a), (b), and (c), shall be certified to the local
347 board 10 days prior to implementation and shall only be
348 effective in the territorial jurisdiction of the enforcement
349 district or local enforcement agency implementing it.
350 Section 9. Subsections (1) and (8) of section 553.842,
351 Florida Statutes, are amended to read:
352 553.842 Product evaluation and approval.—
353 (1) The commission shall adopt rules under ss. 120.536(1)
354 and 120.54 to develop and implement a product evaluation and
355 approval system that applies statewide to operate in
356 coordination with the Florida Building Code. The commission may
357 enter into contracts to provide for administration of the
358 product evaluation and approval system. The commission’s rules
359 and any applicable contract may provide that the payment of fees
360 related to approvals be made directly to the administrator. The
361 product evaluation and approval system shall provide:
362 (a) Appropriate promotion of innovation and new
363 technologies.
364 (b) Processing submittals of products from manufacturers in
365 a timely manner.
366 (c) Independent, third-party qualified and accredited
367 testing and laboratory facilities, product evaluation entities,
368 quality assurance agencies, certification agencies, and
369 validation entities.
370 (d) An easily accessible product acceptance list to
371 entities subject to the Florida Building Code.
372 (e) Development of stringent but reasonable testing
373 criteria based upon existing consensus standards, when
374 available, for products.
375 (f) Long-term approvals, where feasible. State and local
376 approvals will be valid until the requirements of the code on
377 which the approval is based change, the product changes in a
378 manner affecting its performance as required by the code, or the
379 approval is revoked; however, the commission may allow by rule
380 editorial revisions to approvals and may charge a fee as
381 provided in this section.
382 (g) Criteria for revocation of a product approval.
383 (h) Cost-effectiveness.
384 (8) The commission may adopt rules to approve the following
385 types of entities that produce information on which product
386 approvals are based. All of the following entities, including
387 engineers and architects, must comply with a nationally
388 recognized standard demonstrating independence or no conflict of
389 interest:
390 (a) Evaluation entities that meet the criteria for approval
391 adopted by the commission by rule. The commission shall
392 specifically approve the National Evaluation Service, the
393 International Conference of Building Officials Evaluation
394 Services, the International Code Council Evaluation Services,
395 the Building Officials and Code Administrators International
396 Evaluation Services, the Southern Building Code Congress
397 International Evaluation Services, the International Association
398 of Plumbing and Mechanical Officials Evaluation Service, and the
399 Miami-Dade County Building Code Compliance Office Product
400 Control. Architects and engineers licensed in this state are
401 also approved to conduct product evaluations as provided in
402 subsection (5).
403 (b) Testing laboratories accredited by national
404 organizations, such as A2LA and the National Voluntary
405 Laboratory Accreditation Program, laboratories accredited by
406 evaluation entities approved under paragraph (a), and
407 laboratories that comply with other guidelines for testing
408 laboratories selected by the commission and adopted by rule.
409 (c) Quality assurance entities approved by evaluation
410 entities approved under paragraph (a) and by certification
411 agencies approved under paragraph (d) and other quality
412 assurance entities that comply with guidelines selected by the
413 commission and adopted by rule.
414 (d) Certification agencies accredited by nationally
415 recognized accreditors and other certification agencies that
416 comply with guidelines selected by the commission and adopted by
417 rule.
418 (e) Validation entities that comply with accreditation
419 standards established by the commission by rule.
420 Section 10. Subsections (1) and (3) of section 553.885,
421 Florida Statutes, are amended to read:
422 553.885 Carbon monoxide alarm required.—
423 (1) Every separate building or addition to an existing
424 building, other than a hospital, an inpatient hospice facility,
425 or a nursing home facility licensed by the Agency for Health
426 Care Administration, constructed for which a building permit is
427 issued for new construction on or after July 1, 2008, and having
428 a fossil-fuel-burning heater or appliance, a fireplace, or an
429 attached garage, or other feature, fixture, or element that
430 emits carbon monoxide as a byproduct of combustion, shall have
431 an approved operational carbon monoxide alarm installed within
432 10 feet of each room used for sleeping purposes in the new
433 building or addition or at such other locations as required by
434 the Florida Building Code. The requirements in this subsection
435 may be satisfied with the installation of a battery-powered
436 carbon monoxide alarm or a battery-powered combination carbon
437 monoxide and smoke alarm. For a new hospital, an inpatient
438 hospice facility, or a nursing home facility licensed by the
439 Agency for Health Care Administration, an approved operational
440 carbon monoxide detector shall be installed inside or directly
441 outside of each room or area within the hospital or facility
442 where a fossil-fuel-burning heater, engine, or appliance is
443 located. This detector shall be connected to the fire alarm
444 system of the hospital or facility as a supervisory signal. This
445 subsection does not apply to existing buildings that are
446 undergoing alterations or repairs unless the alteration is an
447 addition as defined in subsection (3).
448 (3) As used in this section, the term:
449 (a) “Carbon monoxide alarm” means a device that is meant
450 for the purpose of detecting carbon monoxide, that produces a
451 distinct audible alarm, and that meets the requirements of and
452 is approved by the Florida Building Commission.
453 (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
454 other petroleum or hydrocarbon product that emits carbon
455 monoxide as a by-product of combustion.
456 (c) “Addition” means an extension or increase in floor
457 area, number of stories, or height of a building or structure.
458 Section 11. This act shall take effect upon becoming a law.