Florida Senate - 2014 CS for CS for SB 1106
By the Committees on Regulated Industries; and Community
Affairs; and Senator Simpson
580-04177-14 20141106c2
1 A bill to be entitled
2 An act relating to building construction; amending s.
3 120.80, F.S.; providing exceptions to the prohibition
4 against the Florida Building Commission accepting a
5 petition for waiver or variance from the Florida
6 Building Code; amending s. 162.12, F.S.; providing an
7 additional method for local governments to provide
8 notices to alleged code enforcement violators;
9 amending s. 440.103, F.S.; authorizing an employer to
10 present certain documents electronically or physically
11 in order to show proof and certify to the permit
12 issuer that it has secured compensation for its
13 employees; authorizing site plans or electronically
14 transferred building permits to be maintained at the
15 worksite in their original form or by electronic copy;
16 requiring such plans or permits to be open to
17 inspection by the building official or authorized
18 representative; amending s. 514.03, F.S.; requiring
19 application for an operating permit before filing an
20 application for a building permit for a public
21 swimming pool; amending s. 514.031, F.S.; providing
22 additional requirements for obtaining a public
23 swimming pool operating permit; amending s. 553.37,
24 F.S.; specifying inspection criteria for construction
25 or modification of manufactured buildings or modules;
26 amending s. 553.721, F.S.; revising the allocation of
27 funds from the building permit surcharge; amending s.
28 553.73, F.S.; authorizing an agency or local
29 government to require rooftop equipment to be
30 installed in compliance with the Florida Building Code
31 if the equipment is being replaced or removed during
32 reroofing and is not in compliance with the Florida
33 Building Code’s roof-mounted mechanical units
34 requirements; amending s. 553.77, F.S.; requiring the
35 Florida Building Commission to provide criteria and
36 procedures for granting variances from certain
37 provisions of the Florida Building Code; requiring an
38 applicant for a variance to meet certain criteria to
39 receive a variance; requiring the Florida Building
40 Commission to receive a recommendation from its
41 Swimming Pool Technical Advisory Committee; requiring
42 such committee to include certain membership; amending
43 s. 553.775, F.S.; authorizing building officials,
44 local enforcement agencies, and the Florida Building
45 Commission to interpret the Florida Accessibility Code
46 for Building Construction; specifying procedures for
47 such interpretations; deleting provisions relating to
48 declaratory statements and interpretations of the
49 Florida Accessibility Code for Building Construction,
50 to conform; amending s. 553.79, F.S.; prohibiting a
51 local enforcing agency from issuing a building permit
52 for a public swimming pool without proof of
53 application for an operating permit; requiring
54 issuance of an operating permit before a certificate
55 of completion or occupancy is issued; authorizing site
56 plans or building permits to be maintained at the
57 worksite in their original form or in the form of an
58 electronic copy; requiring the permit to be open to
59 inspection; amending s. 553.80, F.S.; requiring
60 counties and municipalities to expedite building
61 construction permitting, building plans review, and
62 inspections of projects of certain public schools,
63 rather than certain public school districts; amending
64 s. 553.841, F.S.; revising education and training
65 requirements of the Florida Building Code Compliance
66 and Mitigation Program; creating s. 553.883, F.S.;
67 authorizing use of smoke alarms powered by 10-year
68 nonremovable, nonreplaceable batteries in certain
69 circumstances; requiring use of such alarms by a
70 certain date; amending s. 553.993, F.S.; revising the
71 definition of the term “building energy-efficiency
72 rating system” to require consistency with certain
73 national standards for new construction and existing
74 construction; providing for oversight; amending s.
75 633.202, F.S.; exempting certain tents from the
76 Florida Fire Prevention Code; amending s. 633.212,
77 F.S.; removing the requirement that an alternate
78 member of the Fire Code Interpretation Committee
79 provide notice to the committee in order to respond to
80 a nonbinding interpretation when a member is unable to
81 respond; providing an effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Paragraph (a) of subsection (16) of section
86 120.80, Florida Statutes, is amended to read:
87 120.80 Exceptions and special requirements; agencies.—
88 (16) FLORIDA BUILDING COMMISSION.—
89 (a) Notwithstanding the provisions of s. 120.542, the
90 Florida Building Commission may not accept a petition for waiver
91 or variance and may not grant any waiver or variance from the
92 requirements of the Florida Building Code except for
93 applications to waive the requirements of the Florida
94 Accessibility Code for Building Construction provided under s.
95 553.512 and for variances from the public swimming pool and
96 public bathing places provisions of the Florida Building Code
97 provided under s. 553.77(7).
98 Section 2. Section 162.12, Florida Statutes, is amended to
99 read:
100 162.12 Notices.—
101 (1) All notices required by this part must be provided to
102 the alleged violator by:
103 (a) Certified mail, and at the option of the local
104 government return receipt requested, to the address listed in
105 the tax collector’s office for tax notices or to the address
106 listed in the county property appraiser’s database. The local
107 government may also provide an additional notice to any other
108 address it may find for the property owner. For property owned
109 by a corporation, notices may be provided by certified mail to
110 the registered agent of the corporation. If any notice sent by
111 certified mail is not signed as received within 30 days after
112 the postmarked date of mailing, notice may be provided by
113 posting as described in subparagraphs (2)(b)1. and 2.;
114 (b) Hand delivery by the sheriff or other law enforcement
115 officer, code inspector, or other person designated by the local
116 governing body;
117 (c) Leaving the notice at the violator’s usual place of
118 residence with any person residing therein who is above 15 years
119 of age and informing such person of the contents of the notice;
120 or
121 (d) In the case of commercial premises, leaving the notice
122 with the manager or other person in charge.
123 (2) In addition to providing notice as set forth in
124 subsection (1), at the option of the code enforcement board or
125 the local government, notice may be served by publication or
126 posting, as follows:
127 (a)1. Such notice shall be published once during each week
128 for 4 consecutive weeks (four publications being sufficient) in
129 a newspaper of general circulation in the county where the code
130 enforcement board is located. The newspaper shall meet such
131 requirements as are prescribed under chapter 50 for legal and
132 official advertisements.
133 2. Proof of publication shall be made as provided in ss.
134 50.041 and 50.051.
135 (b)1. In lieu of publication as described in paragraph (a),
136 such notice may be posted at least 10 days prior to the hearing,
137 or prior to the expiration of any deadline contained in the
138 notice, in at least two locations, one of which shall be the
139 property upon which the violation is alleged to exist and the
140 other of which shall be, in the case of municipalities, at the
141 primary municipal government office, and in the case of
142 counties, at the front door of the courthouse or the main county
143 governmental center in said county.
144 2. Proof of posting shall be by affidavit of the person
145 posting the notice, which affidavit shall include a copy of the
146 notice posted and the date and places of its posting.
147 (c) Notice by publication or posting may run concurrently
148 with, or may follow, an attempt or attempts to provide notice by
149 hand delivery or by mail as required under subsection (1).
150 (3) Evidence that an attempt has been made to hand deliver
151 or mail notice as provided in subsection (1), together with
152 proof of publication or posting as provided in subsection (2),
153 shall be sufficient to show that the notice requirements of this
154 part have been met, without regard to whether or not the alleged
155 violator actually received such notice.
156 Section 3. Section 440.103, Florida Statutes, is amended to
157 read:
158 440.103 Building permits; identification of minimum premium
159 policy.—Every employer shall, as a condition to applying for and
160 receiving a building permit, show proof and certify to the
161 permit issuer that it has secured compensation for its employees
162 under this chapter as provided in ss. 440.10 and 440.38. Such
163 proof of compensation must be evidenced by a certificate of
164 coverage issued by the carrier, a valid exemption certificate
165 approved by the department, or a copy of the employer’s
166 authority to self-insure and shall be presented, electronically
167 or physically, each time the employer applies for a building
168 permit. As provided in s. 553.79(19), for the purpose of
169 inspection and record retention, site plans or building permits
170 may be maintained at the worksite in the original form or in the
171 form of an electronic copy. These plans and permits must be open
172 to inspection by the building official or a duly authorized
173 representative, as required by the Florida Building Code. As
174 provided in s. 627.413(5), each certificate of coverage must
175 show, on its face, whether or not coverage is secured under the
176 minimum premium provisions of rules adopted by rating
177 organizations licensed pursuant to s. 627.221. The words
178 “minimum premium policy” or equivalent language shall be typed,
179 printed, stamped, or legibly handwritten.
180 Section 4. Section 514.03, Florida Statutes, is amended to
181 read:
182 514.03 Approval necessary to construct, develop, or modify
183 public swimming pools or public bathing places.—
184 (1) A person or public body desiring to construct, develop,
185 or modify a public swimming pool must apply to the department
186 for an operating permit before filing an application for a
187 building permit under s. 553.79.
188 (2) Local governments or local enforcement districts may
189 determine compliance with the general construction standards of
190 the Florida Building Code, pursuant to s. 553.80. Local
191 governments or local enforcement districts may conduct plan
192 reviews and inspections of public swimming pools and public
193 bathing places for this purpose.
194 Section 5. Paragraph (a) of subsection (1) of section
195 514.031, Florida Statutes, is amended to read:
196 514.031 Permit necessary to operate public swimming pool.—
197 (1) It is unlawful for any person or public body to operate
198 or continue to operate any public swimming pool without a valid
199 permit from the department, such permit to be obtained in the
200 following manner:
201 (a) Any person or public body desiring to operate any
202 public swimming pool shall file an application for an operating
203 a permit with the department, on application forms provided by
204 the department, and shall accompany such application with:
205 1. A description of the structure, its appurtenances, and
206 its operation.
207 2.1. A description of the source or sources of water
208 supply, and the amount and quality of water available and
209 intended to be used.
210 3.2. The method and manner of water purification,
211 treatment, disinfection, and heating.
212 4.3. The safety equipment and standards to be used.
213 5. A copy of the final inspection from the local
214 enforcement agency as defined in chapter 553.
215 6.4. Any other pertinent information deemed necessary by
216 the department.
217 Section 6. Paragraph (c) of subsection (1) of section
218 553.37, Florida Statutes, is amended to read:
219 553.37 Rules; inspections; and insignia.—
220 (1) The Florida Building Commission shall adopt within the
221 Florida Building Code requirements for construction or
222 modification of manufactured buildings and building modules, to
223 address:
224 (c) Minimum Inspection criteria, which shall require the
225 approved inspection agency to:
226 1. Observe the first building built, or with regard to
227 components, observe the first unit assembled, after
228 certification of the manufacturer, from start to finish,
229 inspecting all subsystems: electrical, plumbing, structural,
230 mechanical, or thermal.
231 2. Continue observation of the manufacturing process until
232 the approved inspection agency determines that the
233 manufacturer’s quality control program, in conjunction with the
234 application of the plans approved by the approved inspection
235 agency, will result in a building and components that meet or
236 exceed the applicable Florida Building Code requirements.
237 3. Thereafter, inspect each module produced during at least
238 one point of the manufacturing process and inspect at least 75
239 percent of the subsystems of each module: electrical, plumbing,
240 structural, mechanical, or thermal.
241 4. With respect to components, inspect at least 75 percent
242 of the manufactured building components and at least 20 percent
243 of the storage sheds that are not designed for human habitation
244 and that have a floor area of 720 square feet or less.
245 Section 7. Section 553.721, Florida Statutes, is amended to
246 read:
247 553.721 Surcharge.—In order for the Department of Business
248 and Professional Regulation to administer and carry out the
249 purposes of this part and related activities, there is created a
250 surcharge, to be assessed at the rate of 1.5 percent of the
251 permit fees associated with enforcement of the Florida Building
252 Code as defined by the uniform account criteria and specifically
253 the uniform account code for building permits adopted for local
254 government financial reporting pursuant to s. 218.32. The
255 minimum amount collected on any permit issued shall be $2. The
256 unit of government responsible for collecting a permit fee
257 pursuant to s. 125.56(4) or s. 166.201 shall collect the
258 surcharge and electronically remit the funds collected to the
259 department on a quarterly calendar basis for the preceding
260 quarter and continuing each third month thereafter. The unit of
261 government shall retain 10 percent of the surcharge collected to
262 fund the participation of building departments in the national
263 and state building code adoption processes and to provide
264 education related to enforcement of the Florida Building Code.
265 All funds remitted to the department pursuant to this section
266 shall be deposited in the Professional Regulation Trust Fund.
267 Funds collected from the surcharge shall be allocated to fund
268 the Florida Building Commission, and the Florida Building Code
269 Compliance and Mitigation Program under s. 553.841, and the
270 Future Builders of America program. Beginning in the 2013-2014
271 fiscal year, Funds allocated to the Florida Building Code
272 Compliance and Mitigation Program shall be $925,000 each fiscal
273 year. Beginning in the 2014-2015 fiscal year, funds allocated to
274 the Future Builders of America program shall be $250,000 each
275 fiscal year. The funds collected from the surcharge may not be
276 used to fund research on techniques for mitigation of radon in
277 existing buildings. Funds used by the department as well as
278 funds to be transferred to the Department of Health shall be as
279 prescribed in the annual General Appropriations Act. The
280 department shall adopt rules governing the collection and
281 remittance of surcharges pursuant to chapter 120.
282 Section 8. Subsection (15) of section 553.73, Florida
283 Statutes, is amended to read:
284 553.73 Florida Building Code.—
285 (15) An agency or local government may not require that
286 existing mechanical equipment located on or above the surface of
287 a roof be installed in compliance with the requirements of the
288 Florida Building Code except when until the equipment is being
289 required to be removed or replaced or moved during reroofing and
290 is not in compliance with the provisions of the Florida Building
291 Code relating to roof-mounted mechanical units.
292 Section 9. Subsection (7) is added to section 553.77,
293 Florida Statutes, to read:
294 553.77 Specific powers of the commission.—
295 (7) The commission shall provide criteria and procedures
296 for granting variances from the provisions in the Florida
297 Building Code relating to public swimming pools and public
298 bathing places. After receiving a request for a variance from a
299 pool owner or his, her, or its representative to relieve a
300 hardship, the commission may grant a variance only if it is
301 shown that the hardship was not caused intentionally by the
302 action of the applicant, that no reasonable alternative exists,
303 and that the health and safety of pool patrons is not at risk.
304 Applications must be approved, approved with conditions, or
305 denied based on a majority vote of the commission. Before
306 voting, the commission must receive a recommendation from its
307 Swimming Pool Technical Advisory Committee. The advisory
308 committee membership must include a representative of the
309 Department of Health who has knowledge and understanding of
310 swimming pool regulations.
311 Section 10. Section 553.775, Florida Statutes, is amended
312 to read:
313 553.775 Interpretations.—
314 (1) It is the intent of the Legislature that the Florida
315 Building Code and the Florida Accessibility Code for Building
316 Construction be interpreted by building officials, local
317 enforcement agencies, and the commission in a manner that
318 protects the public safety, health, and welfare at the most
319 reasonable cost to the consumer by ensuring uniform
320 interpretations throughout the state and by providing processes
321 for resolving disputes regarding interpretations of the Florida
322 Building Code and the Florida Accessibility Code for Building
323 Construction which are just and expeditious.
324 (2) Local enforcement agencies, local building officials,
325 state agencies, and the commission shall interpret provisions of
326 the Florida Building Code and the Florida Accessibility Code for
327 Building Construction in a manner that is consistent with
328 declaratory statements and interpretations entered by the
329 commission, except that conflicts between the Florida Fire
330 Prevention Code and the Florida Building Code shall be resolved
331 in accordance with s. 553.73(11)(c) and (d).
332 (3) The following procedures may be invoked regarding
333 interpretations of the Florida Building Code or the Florida
334 Accessibility Code for Building Construction:
335 (a) Upon written application by any substantially affected
336 person or state agency or by a local enforcement agency, the
337 commission shall issue declaratory statements pursuant to s.
338 120.565 relating to the enforcement or administration by local
339 governments of the Florida Building Code or the Florida
340 Accessibility Code for Building Construction.
341 (b) When requested in writing by any substantially affected
342 person or state agency or by a local enforcement agency, the
343 commission shall issue a declaratory statement pursuant to s.
344 120.565 relating to this part and ss. 515.25, 515.27, 515.29,
345 and 515.37. Actions of the commission are subject to judicial
346 review under s. 120.68.
347 (c) The commission shall review decisions of local building
348 officials and local enforcement agencies regarding
349 interpretations of the Florida Building Code or the Florida
350 Accessibility Code for Building Construction after the local
351 board of appeals has considered the decision, if such board
352 exists, and if such appeals process is concluded within 25
353 business days.
354 1. The commission shall coordinate with the Building
355 Officials Association of Florida, Inc., to designate panels
356 composed of five members to hear requests to review decisions of
357 local building officials. The members must be licensed as
358 building code administrators under part XII of chapter 468 and
359 must have experience interpreting and enforcing provisions of
360 the Florida Building Code and the Florida Accessibility Code for
361 Building Construction.
362 2. Requests to review a decision of a local building
363 official interpreting provisions of the Florida Building Code or
364 the Florida Accessibility Code for Building Construction may be
365 initiated by any substantially affected person, including an
366 owner or builder subject to a decision of a local building
367 official or an association of owners or builders having members
368 who are subject to a decision of a local building official. In
369 order to initiate review, the substantially affected person must
370 file a petition with the commission. The commission shall adopt
371 a form for the petition, which shall be published on the
372 Building Code Information System. The form shall, at a minimum,
373 require the following:
374 a. The name and address of the county or municipality in
375 which provisions of the Florida Building Code or the Florida
376 Accessibility Code for Building Construction are being
377 interpreted.
378 b. The name and address of the local building official who
379 has made the interpretation being appealed.
380 c. The name, address, and telephone number of the
381 petitioner; the name, address, and telephone number of the
382 petitioner’s representative, if any; and an explanation of how
383 the petitioner’s substantial interests are being affected by the
384 local interpretation of the Florida Building Code or the Florida
385 Accessibility Code for Building Construction.
386 d. A statement of the provisions of the Florida Building
387 Code or the Florida Accessibility Code for Building Construction
388 which are being interpreted by the local building official.
389 e. A statement of the interpretation given to provisions of
390 the Florida Building Code or the Florida Accessibility Code for
391 Building Construction by the local building official and the
392 manner in which the interpretation was rendered.
393 f. A statement of the interpretation that the petitioner
394 contends should be given to the provisions of the Florida
395 Building Code or the Florida Accessibility Code for Building
396 Construction and a statement supporting the petitioner’s
397 interpretation.
398 g. Space for the local building official to respond in
399 writing. The space shall, at a minimum, require the local
400 building official to respond by providing a statement admitting
401 or denying the statements contained in the petition and a
402 statement of the interpretation of the provisions of the Florida
403 Building Code or the Florida Accessibility Code for Building
404 Construction which the local jurisdiction or the local building
405 official contends is correct, including the basis for the
406 interpretation.
407 3. The petitioner shall submit the petition to the local
408 building official, who shall place the date of receipt on the
409 petition. The local building official shall respond to the
410 petition in accordance with the form and shall return the
411 petition along with his or her response to the petitioner within
412 5 days after receipt, exclusive of Saturdays, Sundays, and legal
413 holidays. The petitioner may file the petition with the
414 commission at any time after the local building official
415 provides a response. If no response is provided by the local
416 building official, the petitioner may file the petition with the
417 commission 10 days after submission of the petition to the local
418 building official and shall note that the local building
419 official did not respond.
420 4. Upon receipt of a petition that meets the requirements
421 of subparagraph 2., the commission shall immediately provide
422 copies of the petition to a panel, and the commission shall
423 publish the petition, including any response submitted by the
424 local building official, on the Building Code Information System
425 in a manner that allows interested persons to address the issues
426 by posting comments.
427 5. The panel shall conduct proceedings as necessary to
428 resolve the issues; shall give due regard to the petitions, the
429 response, and to comments posed on the Building Code Information
430 System; and shall issue an interpretation regarding the
431 provisions of the Florida Building Code or the Florida
432 Accessibility Code for Building Construction within 21 days
433 after the filing of the petition. The panel shall render a
434 determination based upon the Florida Building Code or the
435 Florida Accessibility Code for Building Construction or, if the
436 code is ambiguous, the intent of the code. The panel’s
437 interpretation shall be provided to the commission, which shall
438 publish the interpretation on the Building Code Information
439 System and in the Florida Administrative Register. The
440 interpretation shall be considered an interpretation entered by
441 the commission, and shall be binding upon the parties and upon
442 all jurisdictions subject to the Florida Building Code or the
443 Florida Accessibility Code for Building Construction, unless it
444 is superseded by a declaratory statement issued by the Florida
445 Building Commission or by a final order entered after an appeal
446 proceeding conducted in accordance with subparagraph 7.
447 6. It is the intent of the Legislature that review
448 proceedings be completed within 21 days after the date that a
449 petition seeking review is filed with the commission, and the
450 time periods set forth in this paragraph may be waived only upon
451 consent of all parties.
452 7. Any substantially affected person may appeal an
453 interpretation rendered by a hearing officer panel by filing a
454 petition with the commission. Such appeals shall be initiated in
455 accordance with chapter 120 and the uniform rules of procedure
456 and must be filed within 30 days after publication of the
457 interpretation on the Building Code Information System or in the
458 Florida Administrative Register. Hearings shall be conducted
459 pursuant to chapter 120 and the uniform rules of procedure.
460 Decisions of the commission are subject to judicial review
461 pursuant to s. 120.68. The final order of the commission is
462 binding upon the parties and upon all jurisdictions subject to
463 the Florida Building Code or the Florida Accessibility Code for
464 Building Construction.
465 8. The burden of proof in any proceeding initiated in
466 accordance with subparagraph 7. is on the party who initiated
467 the appeal.
468 9. In any review proceeding initiated in accordance with
469 this paragraph, including any proceeding initiated in accordance
470 with subparagraph 7., the fact that an owner or builder has
471 proceeded with construction may not be grounds for determining
472 an issue to be moot if the issue is one that is likely to arise
473 in the future.
474
475 This paragraph provides the exclusive remedy for addressing
476 requests to review local interpretations of the Florida Building
477 Code or the Florida Accessibility Code for Building Construction
478 and appeals from review proceedings.
479 (d) Upon written application by any substantially affected
480 person, contractor, or designer, or a group representing a
481 substantially affected person, contractor, or designer, the
482 commission shall issue or cause to be issued a formal
483 interpretation of the Florida Building Code or the Florida
484 Accessibility Code for Building Construction as prescribed by
485 paragraph (c).
486 (e) Local decisions declaring structures to be unsafe and
487 subject to repair or demolition are not subject to review under
488 this subsection and may not be appealed to the commission if the
489 local governing body finds that there is an immediate danger to
490 the health and safety of the public.
491 (f) Upon written application by any substantially affected
492 person, the commission shall issue a declaratory statement
493 pursuant to s. 120.565 relating to an agency’s interpretation
494 and enforcement of the specific provisions of the Florida
495 Building Code or the Florida Accessibility Code for Building
496 Construction which the agency is authorized to enforce. This
497 subsection does not provide any powers, other than advisory, to
498 the commission with respect to any decision of the State Fire
499 Marshal made pursuant to chapter 633.
500 (g) The commission may designate a commission member who
501 has demonstrated expertise in interpreting building plans to
502 attend each meeting of the advisory council created in s.
503 553.512. The commission member may vary from meeting to meeting,
504 shall serve on the council in a nonvoting capacity, and shall
505 receive per diem and expenses as provided in s. 553.74(3).
506 (h) The commission shall by rule establish an informal
507 process of rendering nonbinding interpretations of the Florida
508 Building Code and the Florida Accessibility Code for Building
509 Construction. The commission is specifically authorized to refer
510 interpretive issues to organizations that represent those
511 engaged in the construction industry. The commission shall
512 immediately implement the process before completing formal
513 rulemaking. It is the intent of the Legislature that the
514 commission create a process to refer questions to a small,
515 rotating group of individuals licensed under part XII of chapter
516 468, to which a party may pose questions regarding the
517 interpretation of code provisions. It is the intent of the
518 Legislature that the process provide for the expeditious
519 resolution of the issues presented and publication of the
520 resulting interpretation on the Building Code Information
521 System. Such interpretations shall be advisory only and
522 nonbinding on the parties and the commission.
523 (4) In order to administer this section, the commission may
524 adopt by rule and impose a fee for filing requests for
525 declaratory statements and binding and nonbinding
526 interpretations to recoup the cost of the proceedings which may
527 not exceed $125 for each request for a nonbinding interpretation
528 and $250 for each request for a binding review or
529 interpretation. For proceedings conducted by or in coordination
530 with a third party, the rule may provide that payment be made
531 directly to the third party, who shall remit to the department
532 that portion of the fee necessary to cover the costs of the
533 department.
534 (5) The commission may render declaratory statements in
535 accordance with s. 120.565 relating to the provisions of the
536 Florida Accessibility Code for Building Construction not
537 attributable to the Americans with Disabilities Act
538 Accessibility Guidelines. Notwithstanding the other provisions
539 of this section, the Florida Accessibility Code for Building
540 Construction and chapter 11 of the Florida Building Code may not
541 be interpreted by, and are not subject to review under, any of
542 the procedures specified in this section. This subsection has no
543 effect upon the commission’s authority to waive the Florida
544 Accessibility Code for Building Construction as provided by s.
545 553.512.
546 Section 11. Present subsections (11) through (18) of
547 section 553.79, Florida Statutes, are redesignated as
548 subsections (12) through (19), respectively, a new subsection
549 (11) is added to that section, and present subsection (18) is
550 amended, to read:
551 553.79 Permits; applications; issuance; inspections.—
552 (11) The local enforcing agency may not issue a building
553 permit to construct, develop, or modify a public swimming pool
554 without proof of application for an operating permit under s.
555 514.031. A certificate of completion or occupancy may not be
556 issued until such operating permit is issued.
557 (19)(18) For the purpose of inspection and record
558 retention, site plans or building permits for a building may be
559 maintained in the original form or in the form of an electronic
560 copy at the worksite. These plans and permits must be open to
561 inspection by the building official or a duly authorized
562 representative, as required by the Florida Building Code.
563 Section 12. Paragraph (b) of subsection (6) of section
564 553.80, Florida Statutes, is amended to read:
565 553.80 Enforcement.—
566 (6) Notwithstanding any other law, state universities,
567 community colleges, and public school districts shall be subject
568 to enforcement of the Florida Building Code under this part.
569 (b) If a state university, state community college, or
570 public school district elects to use a local government’s code
571 enforcement offices:
572 1. Fees charged by counties and municipalities for
573 enforcement of the Florida Building Code on buildings,
574 structures, and facilities of state universities, state
575 colleges, and public school districts may not be more than the
576 actual labor and administrative costs incurred for plans review
577 and inspections to ensure compliance with the code.
578 2. Counties and municipalities shall expedite building
579 construction permitting, building plans review, and inspections
580 of projects of state universities, state community colleges, and
581 public schools school districts that are subject to the Florida
582 Building Code according to guidelines established by the Florida
583 Building Commission.
584 3. A party substantially affected by an interpretation of
585 the Florida Building Code by the local government’s code
586 enforcement offices may appeal the interpretation to the local
587 government’s board of adjustment and appeal or to the commission
588 under s. 553.775 if no local board exists. The decision of a
589 local board is reviewable in accordance with s. 553.775.
590
591 This part may not be construed to authorize counties,
592 municipalities, or code enforcement districts to conduct any
593 permitting, plans review, or inspections not covered by the
594 Florida Building Code. Any actions by counties or municipalities
595 not in compliance with this part may be appealed to the Florida
596 Building Commission. The commission, upon a determination that
597 actions not in compliance with this part have delayed permitting
598 or construction, may suspend the authority of a county,
599 municipality, or code enforcement district to enforce the
600 Florida Building Code on the buildings, structures, or
601 facilities of a state university, state community college, or
602 public school district and provide for code enforcement at the
603 expense of the state university, state community college, or
604 public school district.
605 Section 13. Subsections (1) and (2) of section 553.841,
606 Florida Statutes, are amended to read:
607 553.841 Building code compliance and mitigation program.—
608 (1) The Legislature finds that knowledge and understanding
609 by persons licensed or employed in the design and construction
610 industries of the importance and need for complying with the
611 Florida Building Code and related laws is vital to the public
612 health, safety, and welfare of this state, especially for
613 protecting consumers and mitigating damage caused by hurricanes
614 to residents and visitors to the state. The Legislature further
615 finds that the Florida Building Code can be effective only if
616 all participants in the design and construction industries
617 maintain a thorough knowledge of the code, code compliance and
618 enforcement, duties related to consumers, and changes that
619 additions thereto which improve construction standards, project
620 completion, and compliance of design and construction to protect
621 against consumer harm, storm damage, and other damage.
622 Consequently, the Legislature finds that there is a need for a
623 program to provide ongoing education and outreach activities
624 concerning compliance with the Florida Building Code, the
625 Florida Fire Prevention Code, construction plan and permitting
626 requirements, construction liens, and hurricane mitigation.
627 (2) The Department of Business and Professional Regulation
628 shall administer a program, designated as the Florida Building
629 Code Compliance and Mitigation Program, to develop, coordinate,
630 and maintain education and outreach to persons required to
631 comply with the Florida Building Code and related provisions as
632 specified in subsection (1) and ensure consistent education,
633 training, and communication of the code’s requirements,
634 including, but not limited to, methods for design and
635 construction compliance and mitigation of storm-related damage.
636 The program shall also operate a clearinghouse through which
637 design, construction, and building code enforcement licensees,
638 suppliers, and consumers in this state may find others in order
639 to exchange information relating to mitigation and facilitate
640 repairs in the aftermath of a natural disaster.
641 Section 14. Section 553.883, Florida Statutes, is created
642 to read:
643 553.883 Smoke alarms in one-family and two-family dwellings
644 and townhomes.—One-family and two-family dwellings and townhomes
645 undergoing a repair, or a level 1 alteration as defined in the
646 Florida Building Code, may use smoke alarms powered by 10-year
647 nonremovable, nonreplaceable batteries in lieu of retrofitting
648 such dwelling with smoke alarms powered by the dwelling’s
649 electrical system. Effective January 1, 2015, a battery-powered
650 smoke alarm that is newly installed or replaces an existing
651 battery-powered smoke alarm must be powered by a nonremovable,
652 nonreplaceable battery that powers the alarm for at least 10
653 years.
654 Section 15. Subsection (3) of section 553.993, Florida
655 Statutes, is amended to read:
656 553.993 Definitions.—For purposes of this part:
657 (3) “Building energy-efficiency rating system” means a
658 whole building energy evaluation system that provides a reliable
659 and scientifically-based analysis of a building’s energy
660 consumption or energy features and allows a comparison to
661 similar building types in similar climate zones where
662 applicable. Specifically, the rating system shall use standard
663 calculations, formulas, and scoring methods; be applicable
664 nationally; compare a building to a clearly defined and
665 researched baseline or benchmark; require qualified
666 professionals to conduct the rating or assessment; and provide a
667 labeling and recognition program with specific criteria or
668 levels. Residential program benchmarks for new construction must
669 be consistent with national building standards. Residential
670 building program benchmarks for existing construction must be
671 consistent with national home energy rating standards. The
672 building energy-efficiency rating system shall require at least
673 one level of oversight performed by an organized and balanced
674 group of professionals with subject matter expertise in energy
675 efficiency, energy rating, and evaluation methods established by
676 the Residential Energy Services Network, the Commercial Energy
677 Services Network, the Building Performance Institute, or the
678 Florida Solar Energy Center.
679 Section 16. Subsection (15) of section 633.202, Florida
680 Statutes, is amended to read:
681 633.202 Florida Fire Prevention Code.—
682 (15)(a) For one-story or two-story structures that are less
683 than 10,000 square feet, whose occupancy is defined in the
684 Florida Building Code and the Florida Fire Prevention Code as
685 business or mercantile, a fire official shall enforce the wall
686 fire-rating provisions for occupancy separation as defined in
687 the Florida Building Code.
688 (16)(a)(b) A structure, located on property that is
689 classified for ad valorem purposes as agricultural, which is
690 part of a farming or ranching operation, in which the occupancy
691 is limited by the property owner to no more than 35 persons, and
692 which is not used by the public for direct sales or as an
693 educational outreach facility, is exempt from the Florida Fire
694 Prevention Code, including the national codes and Life Safety
695 Code incorporated by reference. This paragraph does not include
696 structures used for residential or assembly occupancies, as
697 defined in the Florida Fire Prevention Code.
698 (b) A tent up to 30 feet by 30 feet is exempt from the
699 Florida Fire Prevention Code, including the national codes
700 incorporated by reference.
701 Section 17. Subsection (1) of section 633.212, Florida
702 Statutes, is amended to read:
703 633.212 Legislative intent; informal interpretations of the
704 Florida Fire Prevention Code.—It is the intent of the
705 Legislature that the Florida Fire Prevention Code be interpreted
706 by fire officials and local enforcement agencies in a manner
707 that reasonably and cost-effectively protects the public safety,
708 health, and welfare; ensures uniform interpretations throughout
709 this state; and provides just and expeditious processes for
710 resolving disputes regarding such interpretations. It is the
711 further intent of the Legislature that such processes provide
712 for the expeditious resolution of the issues presented and that
713 the resulting interpretation of such issues be published on the
714 website of the division.
715 (1) The division shall by rule establish an informal
716 process of rendering nonbinding interpretations of the Florida
717 Fire Prevention Code. The division may contract with and refer
718 interpretive issues to a third party, selected based upon cost
719 effectiveness, quality of services to be performed, and other
720 performance-based criteria, which has experience in interpreting
721 and enforcing the Florida Fire Prevention Code. It is the intent
722 of the Legislature that the division establish a Fire Code
723 Interpretation Committee composed of seven persons and seven
724 alternates, equally representing each area of the state, to
725 which a party can pose questions regarding the interpretation of
726 the Florida Fire Prevention Code provisions. The alternate
727 member may respond to a nonbinding interpretation if a the
728 member notifies the Fire Code Interpretation Committee that he
729 or she is unable to respond.
730 Section 18. This act shall take effect July 1, 2014.