Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1106
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Between lines 44 and 45
    4  insert:
    5         Section 1. Paragraph (a) of subsection (16) of section
    6  120.80, Florida Statutes, is amended to read:
    7         120.80 Exceptions and special requirements; agencies.—
    9         (a) Notwithstanding the provisions of s. 120.542, the
   10  Florida Building Commission may not accept a petition for waiver
   11  or variance and may not grant any waiver or variance from the
   12  requirements of the Florida Building Code except for
   13  applications to waive the requirements of the Florida
   14  Accessibility Code for Building Construction provided under s.
   15  553.512 and for variances from the public swimming pool and
   16  public bathing places provisions of the Florida Building Code
   17  provided under s. 553.77(7).
   18         Section 2. Subsection (7) is added to section 553.77,
   19  Florida Statutes, to read:
   20         553.77 Specific powers of the commission.—
   21         (7) The commission shall provide criteria and procedures
   22  for granting variances from the provisions in the Florida
   23  Building Code relating to public swimming pools and public
   24  bathing places. After receiving a request for a variance from a
   25  pool owner or his, her, or its representative to relieve a
   26  hardship, the commission may grant a variance only if it is
   27  shown that the hardship was not caused intentionally by the
   28  action of the applicant, that no reasonable alternative exists,
   29  and that the health and safety of pool patrons is not at risk.
   30  Applications must be approved, approved with conditions, or
   31  denied based on a majority vote of the commission. Before
   32  voting, the commission must receive a recommendation from its
   33  Swimming Pool Technical Advisory Committee. The advisory
   34  committee membership must include a representative of the
   35  Department of Health who has knowledge and understanding of
   36  swimming pool regulations.
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete line 2
   41  and insert:
   42         An act relating to building construction; amending s.
   43         120.80, F.S.; providing exceptions to the prohibition
   44         against the Florida Building Commission accepting a
   45         petition for waiver or variance from the Florida
   46         Building Code; amending s. 553.77, F.S.; requiring the
   47         Florida Building Commission to provide criteria and
   48         procedures for granting variances from certain
   49         provisions of the Florida Building Code; requiring an
   50         applicant for a variance to meet certain criteria to
   51         receive a variance; requiring the Florida Building
   52         Commission to receive a recommendation from its
   53         Swimming Pool Technical Advisory Committee; requiring
   54         such committee to include certain membership; amending
   55         s.