Bill Text: FL S1232 | 2015 | Regular Session | Comm Sub


Bill Title: Building Codes

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1232 Detail]

Download: Florida-2015-S1232-Comm_Sub.html
       Florida Senate - 2015               CS for CS for CS for SB 1232
       
       
        
       By the Committees on Fiscal Policy; Community Affairs; and
       Health Policy; and Senator Simpson
       
       
       
       
       594-04184-15                                          20151232c3
    1                        A bill to be entitled                      
    2         An act relating to building codes; amending s.
    3         468.609, F.S.; revising the certification examination
    4         requirements for building code inspectors, plans
    5         examiners, and building code administrators; requiring
    6         the Florida Building Code Administrators and
    7         Inspectors Board to provide for issuance of certain
    8         provisional certificates; amending ss. 468.627,
    9         471.0195, 481.215, and 481.313, F.S.; requiring a
   10         licensee or certificateholder to undergo code-related
   11         training as part of his or her continuing education
   12         courses; amending s. 489.103, F.S.; providing an
   13         exemption for a specified employee who makes minor
   14         repairs to existing water heaters or to existing
   15         heating, venting, and air-conditioning systems in
   16         certain circumstances; amending s. 489.105, F.S.;
   17         revising the term “plumbing contractor”; amending s.
   18         489.115, F.S.; requiring a certificateholder or
   19         registrant to undergo code-related training as part of
   20         his or her continuing education requirements; amending
   21         s. 489.1401, F.S.; revising legislative intent with
   22         respect to the purpose of the Florida Homeowners’
   23         Construction Recovery Fund; providing legislative
   24         intent that Division II contractors set apart funds
   25         for participation in the fund; amending s. 489.1402,
   26         F.S.; revising terms; amending s. 489.141, F.S.;
   27         authorizing certain claimants to make a claim against
   28         the recovery fund for certain contracts entered into
   29         before a specified date; amending s. 489.1425, F.S.;
   30         revising a notification provided by contractors to
   31         certain residential property owners to include a
   32         statement that payment from the recovery fund is
   33         limited; amending s. 489.143, F.S.; revising
   34         provisions concerning payments from the recovery fund;
   35         specifying claim amounts for certain contracts entered
   36         into before or after specified dates; providing
   37         aggregate caps for payments; amending s. 489.503,
   38         F.S.; exempting certain low-voltage landscape lighting
   39         from licensed electrical contractor installation
   40         requirements; amending s. 489.517, F.S.; requiring a
   41         certificateholder or registrant to undergo code
   42         related training as part of his or her continuing
   43         education requirements; amending s. 514.011, F.S.;
   44         revising the term “private pool”; amending s.
   45         514.0115, F.S.; prohibiting a portable pool from being
   46         regulated as a public pool in certain circumstances;
   47         amending s. 514.031, F.S.; requiring the Department of
   48         Health to conduct inspections of certain public pools
   49         with operating permits to ensure continued compliance
   50         with specified criteria; authorizing the department to
   51         adopt rules; specifying the department’s jurisdiction
   52         for purposes of inspecting certain public pools;
   53         specifying duties of local enforcement agencies
   54         regarding modifications and repairs made to certain
   55         public pools as a result of the department’s
   56         inspections; requiring the department to ensure that
   57         certain rules enforced by local enforcement agencies
   58         comply with the Florida Building Code; conforming a
   59         provision to changes made by the act; amending s.
   60         514.05, F.S.; specifying that the department may deny,
   61         suspend, or revoke operating permits for certain pools
   62         and bathing places if certain plans, variances, or
   63         requirements of the Florida Building Code are
   64         violated; specifying that the department may assess an
   65         administrative fine for violations by certain public
   66         pools and bathing places if certain plans, variances,
   67         or requirements of the Florida Building Code are
   68         violated; amending 553.512, F.S.; revising the
   69         membership of the Accessibility Advisory Council;
   70         amending s. 553.721, F.S.; directing the Florida
   71         Building Code Compliance and Mitigation Program to
   72         fund, from existing resources, the recommendations
   73         made by the Building Code System Uniform
   74         Implementation Evaluation Workgroup; providing a
   75         limitation; requiring that a specified amount of funds
   76         from the surcharge be used to fund certain Florida
   77         Fire Prevention Code informal interpretations;
   78         requiring the State Fire Marshal to adopt specified
   79         rules; amending s. 553.73, F.S.; authorizing local
   80         boards created to address specified issues to combine
   81         the appeals boards into a single local board;
   82         authorizing the local board to grant alternatives or
   83         modifications through specified procedures; requiring
   84         at least one member of a board to be a fire protection
   85         contractor, a fire protection design professional, a
   86         fire department operations professional, or a fire
   87         code enforcement professional in order to meet a
   88         specified quorum requirement; authorizing the appeal
   89         to a local administrative board of specified decisions
   90         made by a local fire official; specifying the
   91         decisions of the local building official and the local
   92         fire official which are subject to review; clarifying
   93         a provision; requiring the permitted installation or
   94         replacement of a water heater in a conditioned or
   95         attic space to include a water-level detection device;
   96         prohibiting the Florida Building Code from requiring
   97         more than one fire service access elevator in certain
   98         buildings; specifying when a 1-hour fire-rated fire
   99         service access elevator lobby is and is not required;
  100         providing that the requirement for a second fire
  101         service access elevator is not considered to be part
  102         of the Florida Building Code and does not take effect
  103         until a specified date; amending s. 553.775, F.S.;
  104         requiring the Florida Building Commission to
  105         coordinate with a specified organization to designate
  106         a review panel; providing panel membership; requiring
  107         each member to have experience interpreting or
  108         enforcing specified provisions; amending s. 553.79,
  109         F.S.; authorizing a building official to issue a
  110         permit for specified construction before the
  111         construction documents for the entire building or
  112         structure have been submitted; providing that the
  113         holder of such a permit proceeds at the holder’s own
  114         risk; requiring local enforcing agencies to permit and
  115         inspect modifications and repairs made to certain
  116         public pools and public bathing places as a result of
  117         the Department of Business and Professional
  118         Regulation’s inspections; amending s. 553.841, F.S.;
  119         authorizing the department to maintain, update,
  120         develop, or cause to be developed code-related
  121         training and education; removing provisions related to
  122         the development of advanced courses with respect to
  123         the Florida Building Code Compliance and Mitigation
  124         Program and the accreditation of courses related to
  125         the Florida Building Code; amending s. 553.842, F.S.;
  126         providing that Underwriters Laboratories, LLC, is an
  127         approved evaluation entity; amending s. 553.908, F.S.;
  128         requiring local enforcement agencies to accept duct
  129         and air infiltration tests conducted in accordance
  130         with certain guidelines by specified individuals;
  131         providing an effective date for mandatory blower door
  132         testing and mechanical ventilation; amending s.
  133         633.202, F.S.; requiring all new high-rise and
  134         existing high-rise buildings to maintain a minimum
  135         radio signal strength for fire department
  136         communications; providing a transition period for
  137         compliance; requiring existing buildings and existing
  138         apartment buildings that are not in compliance with
  139         the requirements for minimum radio strength for fire
  140         department communications to initiate an application
  141         for an appropriate permit by a specified date;
  142         requiring areas of refuge to be required as determined
  143         by the Florida Building Code-Accessibility; amending
  144         s. 633.206, F.S.; authorizing the application of
  145         specified home environment provisions to existing
  146         assisted living facilities; amending s. 633.208, F.S.;
  147         authorizing a fire official to use the Fire Safety
  148         Evaluation System to identify low-cost alternatives
  149         for compliance; authorizing the use of the Fire Safety
  150         Evaluation System for board and care facilities on
  151         specified buildings; amending s. 633.336, F.S.;
  152         providing legislative findings; authorizing a
  153         specified fire protection contractor to subcontract
  154         with specified companies; requiring certain persons to
  155         be under contract with a licensed fire protection
  156         contractor; creating the Calder Sloan Swimming Pool
  157         Electrical-Safety Task Force within the Florida
  158         Building Commission; specifying the purpose of the
  159         task force; requiring a report to the Governor and the
  160         Legislature by a specified date; providing for
  161         membership; requiring the Florida Building Commission
  162         to provide staff, information, and other assistance to
  163         the task force; providing that members of the task
  164         force serve without compensation; authorizing the task
  165         force to meet as often as necessary; providing for
  166         future repeal of the task force; providing an
  167         effective date.
  168          
  169  Be It Enacted by the Legislature of the State of Florida:
  170  
  171         Section 1. Subsections (2), (3), and (7) of section
  172  468.609, Florida Statutes, are amended to read:
  173         468.609 Administration of this part; standards for
  174  certification; additional categories of certification.—
  175         (2) A person may take the examination for certification as
  176  a building code inspector or plans examiner pursuant to this
  177  part if the person:
  178         (a) Is at least 18 years of age.
  179         (b) Is of good moral character.
  180         (c) Meets eligibility requirements according to one of the
  181  following criteria:
  182         1. Demonstrates 5 years’ combined experience in the field
  183  of construction or a related field, building code inspection, or
  184  plans review corresponding to the certification category sought;
  185         2. Demonstrates a combination of postsecondary education in
  186  the field of construction or a related field and experience
  187  which totals 4 years, with at least 1 year of such total being
  188  experience in construction, building code inspection, or plans
  189  review;
  190         3. Demonstrates a combination of technical education in the
  191  field of construction or a related field and experience which
  192  totals 4 years, with at least 1 year of such total being
  193  experience in construction, building code inspection, or plans
  194  review;
  195         4. Currently holds a standard certificate as issued by the
  196  board, or a firesafety fire safety inspector license issued
  197  pursuant to chapter 633, has a minimum of 3 5 years’ verifiable
  198  full-time experience in inspection or plan review, and
  199  satisfactorily completes a building code inspector or plans
  200  examiner training program that provides at least 100 hours but
  201  not more of not less than 200 hours of cross-training in the
  202  certification category sought. The board shall establish by rule
  203  criteria for the development and implementation of the training
  204  programs. The board shall accept all classroom training offered
  205  by an approved provider if the content substantially meets the
  206  intent of the classroom component of the training program; or
  207         5. Demonstrates a combination of the completion of an
  208  approved training program in the field of building code
  209  inspection or plan review and a minimum of 2 years’ experience
  210  in the field of building code inspection, plan review, fire code
  211  inspections, and fire plans review of new buildings as a
  212  firesafety inspector certified under s. 633.216, or
  213  construction. The approved training portion of this requirement
  214  shall include proof of satisfactory completion of a training
  215  program that provides at least 200 hours but not more of not
  216  less than 300 hours of cross-training which is approved by the
  217  board in the chosen category of building code inspection or plan
  218  review in the certification category sought with at least not
  219  less than 20 hours but not more than 30 hours of instruction in
  220  state laws, rules, and ethics relating to professional standards
  221  of practice, duties, and responsibilities of a
  222  certificateholder. The board shall coordinate with the Building
  223  Officials Association of Florida, Inc., to establish by rule the
  224  development and implementation of the training program. However,
  225  the board shall accept all classroom training offered by an
  226  approved provider if the content substantially meets the intent
  227  of the classroom component of the training program; or
  228         6. Currently holds a standard certificate issued by the
  229  board or a firesafety inspector license issued pursuant to
  230  chapter 633 and:
  231         a. Has at least 5 years’ verifiable full-time experience as
  232  an inspector or plans examiner in a standard certification
  233  category currently held or has a minimum of 5 years’ verifiable
  234  full-time experience as a firesafety inspector licensed pursuant
  235  to chapter 633; and
  236         b. Satisfactorily completes a building code inspector or
  237  plans examiner classroom training course or program that
  238  provides at least 200 but not more than 300 hours in the
  239  certification category sought, except for one-family and two
  240  family dwelling training programs that are required to provide
  241  at least 500 but not more than 800 hours of training as
  242  prescribed by the board. The board shall establish by rule
  243  criteria for the development and implementation of classroom
  244  training courses and programs in each certification category.
  245         (3) A person may take the examination for certification as
  246  a building code administrator pursuant to this part if the
  247  person:
  248         (a) Is at least 18 years of age.
  249         (b) Is of good moral character.
  250         (c) Meets eligibility requirements according to one of the
  251  following criteria:
  252         1. Demonstrates 10 years’ combined experience as an
  253  architect, engineer, plans examiner, building code inspector,
  254  registered or certified contractor, or construction
  255  superintendent, with at least 5 years of such experience in
  256  supervisory positions; or
  257         2. Demonstrates a combination of postsecondary education in
  258  the field of construction or related field, no more than 5 years
  259  of which may be applied, and experience as an architect,
  260  engineer, plans examiner, building code inspector, registered or
  261  certified contractor, or construction superintendent which
  262  totals 10 years, with at least 5 years of such total being
  263  experience in supervisory positions. In addition, the applicant
  264  must have completed training consisting of at least 20 hours but
  265  not more than 30 hours of instruction in state laws, rules, and
  266  ethics relating to professional standards of practice, duties,
  267  and responsibilities of a certificateholder.
  268         (7)(a) The board shall may provide for the issuance of
  269  provisional certificates valid for 1 year, as specified by board
  270  rule, to any newly employed or promoted building code inspector
  271  or plans examiner who meets the eligibility requirements
  272  described in subsection (2) and any newly employed or promoted
  273  building code administrator who meets the eligibility
  274  requirements described in subsection (3). The provisional
  275  license may be renewed by the board for just cause; however, a
  276  provisional license is not valid for a period longer than 3
  277  years.
  278         (b) A No building code administrator, plans examiner, or
  279  building code inspector may not have a provisional certificate
  280  extended beyond the specified period by renewal or otherwise.
  281         (c) The board shall may provide for appropriate levels of
  282  provisional certificates and may issue these certificates with
  283  such special conditions or requirements relating to the place of
  284  employment of the person holding the certificate, the
  285  supervision of such person on a consulting or advisory basis, or
  286  other matters as the board may deem necessary to protect the
  287  public safety and health.
  288         (d) A newly employed or hired person may perform the duties
  289  of a plans examiner or building code inspector for 120 days if a
  290  provisional certificate application has been submitted if such
  291  person is under the direct supervision of a certified building
  292  code administrator who holds a standard certification and who
  293  has found such person qualified for a provisional certificate.
  294  Direct supervision and the determination of qualifications may
  295  also be provided by a building code administrator who holds a
  296  limited or provisional certificate in a county having a
  297  population of fewer than 75,000 and in a municipality located
  298  within such county.
  299         Section 2. Subsection (5) of section 468.627, Florida
  300  Statutes, is amended to read:
  301         468.627 Application; examination; renewal; fees.—
  302         (5) The certificateholder shall provide proof, in a form
  303  established by board rule, that the certificateholder has
  304  completed at least 14 classroom hours of at least 50 minutes
  305  each of continuing education courses during each biennium since
  306  the issuance or renewal of the certificate, including code
  307  related training the specialized or advanced coursework approved
  308  by the Florida Building Commission, as part of the building code
  309  training program established pursuant to s. 553.841, appropriate
  310  to the licensing category sought. A minimum of 3 of the required
  311  14 classroom hours must be on state law, rules, and ethics
  312  relating to professional standards of practice, duties, and
  313  responsibilities of the certificateholder. The board shall by
  314  rule establish criteria for approval of continuing education
  315  courses and providers, and may by rule establish criteria for
  316  accepting alternative nonclassroom continuing education on an
  317  hour-for-hour basis.
  318         Section 3. Section 471.0195, Florida Statutes, is amended
  319  to read:
  320         471.0195 Florida Building Code training for engineers.—All
  321  licensees actively participating in the design of engineering
  322  works or systems in connection with buildings, structures, or
  323  facilities and systems covered by the Florida Building Code
  324  shall take continuing education courses and submit proof to the
  325  board, at such times and in such manner as established by the
  326  board by rule, that the licensee has completed any specialized
  327  or code-related training advanced courses on any portion of the
  328  Florida Building Code applicable to the licensee’s area of
  329  practice. The board shall record reported continuing education
  330  courses on a system easily accessed by code enforcement
  331  jurisdictions for evaluation when determining license status for
  332  purposes of processing design documents. Local jurisdictions
  333  shall be responsible for notifying the board when design
  334  documents are submitted for building construction permits by
  335  persons who are not in compliance with this section. The board
  336  shall take appropriate action as provided by its rules when such
  337  noncompliance is determined to exist.
  338         Section 4. Subsection (5) of section 481.215, Florida
  339  Statutes, is amended to read:
  340         481.215 Renewal of license.—
  341         (5) The board shall require, by rule adopted pursuant to
  342  ss. 120.536(1) and 120.54, a specified number of hours in
  343  specialized or code-related training advanced courses, approved
  344  by the Florida Building Commission, on any portion of the
  345  Florida Building Code, adopted pursuant to part IV of chapter
  346  553, relating to the licensee’s respective area of practice.
  347         Section 5. Subsection (5) of section 481.313, Florida
  348  Statutes, is amended to read:
  349         481.313 Renewal of license.—
  350         (5) The board shall require, by rule adopted pursuant to
  351  ss. 120.536(1) and 120.54, a specified number of hours in
  352  specialized or code-related training advanced courses, approved
  353  by the Florida Building Commission, on any portion of the
  354  Florida Building Code, adopted pursuant to part IV of chapter
  355  553, relating to the licensee’s respective area of practice.
  356         Section 6. Subsection (23) is added to section 489.103,
  357  Florida Statutes, to read:
  358         489.103 Exemptions.—This part does not apply to:
  359         (23) An employee of an apartment community or apartment
  360  community management company who makes minor repairs to existing
  361  water heaters or to existing heating, venting, and air
  362  conditioning systems, if:
  363         (a)The employee:
  364         1.Does not hold himself or herself or his or her employer
  365  out to be licensed or qualified by a licensee;
  366         2.Does not perform any acts outside the scope of this
  367  exemption which constitute contracting;
  368         3.Receives compensation from and is under the supervision
  369  and control of an employer who regularly deducts the FICA and
  370  withholding tax and who provides workers’ compensation in the
  371  appropriate classification for the work actually performed, as
  372  prescribed by law; and
  373         4.Prior to performing any work under this exemption, holds
  374  a current certificate for apartment maintenance technicians
  375  issued by the National Apartment Association and accredited by
  376  the American National Standards Institute. Requirements for
  377  obtaining such certificate must include at least:
  378         a.One year of apartment or rental housing maintenance
  379  experience; and
  380         b.Successful completion of at least 90 hours of courses or
  381  online content that covers electrical maintenance and repair;
  382  plumbing maintenance and repair; heating, venting, or air
  383  conditioning system maintenance and repair; appliance
  384  maintenance and repair; and interior and exterior maintenance
  385  and repair.
  386         (b)The equipment:
  387         1.Is already installed on the property owned by the
  388  apartment community or managed by the apartment community
  389  management company;
  390         2.Is not being modified except to replace components
  391  necessary to return the equipment to its original condition, and
  392  the partial disassembly associated therewith;
  393         3.Must be a type of equipment commonly installed in
  394  similar locations; and
  395         4.Must be repaired with new parts that are functionally
  396  identical to the parts being replaced.
  397         (c) An individual repair does not involve replacement parts
  398  that cost more than $1,000. An individual repair may not be so
  399  extensive as to be a functional replacement of the existing
  400  water heater or the existing heating, venting, or air
  401  conditioning system being repaired.
  402         (d)The property owned by the apartment community or
  403  managed by the apartment community management company includes
  404  at least 100 apartments.
  405         Section 7. Paragraph (m) of subsection (3) of section
  406  489.105, Florida Statutes, is amended to read:
  407         489.105 Definitions.—As used in this part:
  408         (3) “Contractor” means the person who is qualified for, and
  409  is only responsible for, the project contracted for and means,
  410  except as exempted in this part, the person who, for
  411  compensation, undertakes to, submits a bid to, or does himself
  412  or herself or by others construct, repair, alter, remodel, add
  413  to, demolish, subtract from, or improve any building or
  414  structure, including related improvements to real estate, for
  415  others or for resale to others; and whose job scope is
  416  substantially similar to the job scope described in one of the
  417  paragraphs of this subsection. For the purposes of regulation
  418  under this part, the term “demolish” applies only to demolition
  419  of steel tanks more than 50 feet in height; towers more than 50
  420  feet in height; other structures more than 50 feet in height;
  421  and all buildings or residences. Contractors are subdivided into
  422  two divisions, Division I, consisting of those contractors
  423  defined in paragraphs (a)-(c), and Division II, consisting of
  424  those contractors defined in paragraphs (d)-(q):
  425         (m) “Plumbing contractor” means a contractor whose services
  426  are unlimited in the plumbing trade and includes contracting
  427  business consisting of the execution of contracts requiring the
  428  experience, financial means, knowledge, and skill to install,
  429  maintain, repair, alter, extend, or, if not prohibited by law,
  430  design plumbing. A plumbing contractor may install, maintain,
  431  repair, alter, extend, or, if not prohibited by law, design the
  432  following without obtaining an additional local regulatory
  433  license, certificate, or registration: sanitary drainage or
  434  storm drainage facilities, water and sewer plants and
  435  substations, venting systems, public or private water supply
  436  systems, septic tanks, drainage and supply wells, swimming pool
  437  piping, irrigation systems, and solar heating water systems and
  438  all appurtenances, apparatus, or equipment used in connection
  439  therewith, including boilers and pressure process piping and
  440  including the installation of water, natural gas, liquefied
  441  petroleum gas and related venting, and storm and sanitary sewer
  442  lines. The scope of work of the plumbing contractor also
  443  includes the design, if not prohibited by law, and installation,
  444  maintenance, repair, alteration, or extension of air-piping,
  445  vacuum line piping, oxygen line piping, nitrous oxide piping,
  446  and all related medical gas systems; fire line standpipes and
  447  fire sprinklers if authorized by law; ink and chemical lines;
  448  fuel oil and gasoline piping and tank and pump installation,
  449  except bulk storage plants; and pneumatic control piping
  450  systems, all in a manner that complies with all plans,
  451  specifications, codes, laws, and regulations applicable. The
  452  scope of work of the plumbing contractor applies to private
  453  property and public property, including any excavation work
  454  incidental thereto, and includes the work of the specialty
  455  plumbing contractor. Such contractor shall subcontract, with a
  456  qualified contractor in the field concerned, all other work
  457  incidental to the work but which is specified as being the work
  458  of a trade other than that of a plumbing contractor. This
  459  definition does not limit the scope of work of any specialty
  460  contractor certified pursuant to s. 489.113(6), and does not
  461  require certification or registration under this part for a
  462  category I liquefied petroleum gas dealer, LP gas installer, or
  463  specialty installer who is licensed under chapter 527 or an of
  464  any authorized employee of a public natural gas utility or of a
  465  private natural gas utility regulated by the Public Service
  466  Commission when disconnecting and reconnecting water lines in
  467  the servicing or replacement of an existing water heater. A
  468  plumbing contractor may perform drain cleaning and clearing and
  469  install or repair rainwater catchment systems; however, a
  470  mandatory licensing requirement is not established for the
  471  performance of these specific services.
  472         Section 8. Paragraph (b) of subsection (4) of section
  473  489.115, Florida Statutes, is amended to read:
  474         489.115 Certification and registration; endorsement;
  475  reciprocity; renewals; continuing education.—
  476         (4)
  477         (b)1. Each certificateholder or registrant shall provide
  478  proof, in a form established by rule of the board, that the
  479  certificateholder or registrant has completed at least 14
  480  classroom hours of at least 50 minutes each of continuing
  481  education courses during each biennium since the issuance or
  482  renewal of the certificate or registration. The board shall
  483  establish by rule that a portion of the required 14 hours must
  484  deal with the subject of workers’ compensation, business
  485  practices, workplace safety, and, for applicable licensure
  486  categories, wind mitigation methodologies, and 1 hour of which
  487  must deal with laws and rules. The board shall by rule establish
  488  criteria for the approval of continuing education courses and
  489  providers, including requirements relating to the content of
  490  courses and standards for approval of providers, and may by rule
  491  establish criteria for accepting alternative nonclassroom
  492  continuing education on an hour-for-hour basis. The board shall
  493  prescribe by rule the continuing education, if any, which is
  494  required during the first biennium of initial licensure. A
  495  person who has been licensed for less than an entire biennium
  496  must not be required to complete the full 14 hours of continuing
  497  education.
  498         2. In addition, the board may approve specialized
  499  continuing education courses on compliance with the wind
  500  resistance provisions for one and two family dwellings contained
  501  in the Florida Building Code and any alternate methodologies for
  502  providing such wind resistance which have been approved for use
  503  by the Florida Building Commission. Division I
  504  certificateholders or registrants who demonstrate proficiency
  505  upon completion of such specialized courses may certify plans
  506  and specifications for one and two family dwellings to be in
  507  compliance with the code or alternate methodologies, as
  508  appropriate, except for dwellings located in floodways or
  509  coastal hazard areas as defined in ss. 60.3D and E of the
  510  National Flood Insurance Program.
  511         3. The board shall require, by rule adopted pursuant to ss.
  512  120.536(1) and 120.54, a specified number of hours in
  513  specialized or code-related training advanced module courses,
  514  approved by the Florida Building Commission, on any portion of
  515  the Florida Building Code, adopted pursuant to part IV of
  516  chapter 553, relating to the contractor’s respective discipline.
  517         Section 9. Subsections (2) and (3) of section 489.1401,
  518  Florida Statutes, are amended to read:
  519         489.1401 Legislative intent.—
  520         (2) It is the intent of the Legislature that the sole
  521  purpose of the Florida Homeowners’ Construction Recovery Fund is
  522  to compensate an any aggrieved claimant who contracted for the
  523  construction or improvement of the homeowner’s residence located
  524  within this state and who has obtained a final judgment in a any
  525  court of competent jurisdiction, was awarded restitution by the
  526  Construction Industry Licensing Board, or received an award in
  527  arbitration against a licensee on grounds of financial
  528  mismanagement or misconduct, abandoning a construction project,
  529  or making a false statement with respect to a project. Such
  530  grievance must arise and arising directly out of a any
  531  transaction conducted when the judgment debtor was licensed and
  532  must involve an act performed any of the activities enumerated
  533  under s. 489.129(1)(g), (j) or (k) on the homeowner’s residence.
  534         (3) It is the intent of the Legislature that Division I and
  535  Division II contractors set apart funds for the specific
  536  objective of participating in the fund.
  537         Section 10. Paragraphs (d), (i), (k), and (l) of subsection
  538  (1) of section 489.1402, Florida Statutes, are amended to read:
  539         489.1402 Homeowners’ Construction Recovery Fund;
  540  definitions.—
  541         (1) The following definitions apply to ss. 489.140-489.144:
  542         (d) “Contractor” means a Division I or Division II
  543  contractor performing his or her respective services described
  544  in s. 489.105(3)(a)-(q) s. 489.105(3)(a)-(c).
  545         (i) “Residence” means a single-family residence, an
  546  individual residential condominium or cooperative unit, or a
  547  residential building containing not more than two residential
  548  units in which the owner contracting for the improvement is
  549  residing or will reside 6 months or more each calendar year upon
  550  completion of the improvement.
  551         (k) “Same transaction” means a contract, or a any series of
  552  contracts, between a claimant and a contractor or qualified
  553  business, when such contract or contracts involve the same
  554  property or contiguous properties and are entered into either at
  555  one time or serially.
  556         (l) “Valid and current license,” for the purpose of s.
  557  489.141(2)(d), means a any license issued pursuant to this part
  558  to a licensee, including a license in an active, inactive,
  559  delinquent, or suspended status.
  560         Section 11. Subsections (1) and (2) of section 489.141,
  561  Florida Statutes, are amended to read:
  562         489.141 Conditions for recovery; eligibility.—
  563         (1) A Any claimant is eligible to seek recovery from the
  564  recovery fund after making having made a claim and exhausting
  565  the limits of any available bond, cash bond, surety, guarantee,
  566  warranty, letter of credit, or policy of insurance if, provided
  567  that each of the following conditions is satisfied:
  568         (a) The claimant has received a final judgment in a court
  569  of competent jurisdiction in this state or has received an award
  570  in arbitration or the Construction Industry Licensing Board has
  571  issued a final order directing the licensee to pay restitution
  572  to the claimant. The board may waive this requirement if:
  573         1. The claimant is unable to secure a final judgment
  574  against the licensee due to the death of the licensee; or
  575         2. The claimant has sought to have assets involving the
  576  transaction that gave rise to the claim removed from the
  577  bankruptcy proceedings so that the matter might be heard in a
  578  court of competent jurisdiction in this state and, after due
  579  diligence, the claimant is precluded by action of the bankruptcy
  580  court from securing a final judgment against the licensee.
  581         (b) The judgment, award, or restitution is based upon a
  582  violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.
  583         (c) The violation was committed by a licensee.
  584         (d) The judgment, award, or restitution order specifies the
  585  actual damages suffered as a consequence of such violation.
  586         (e) The contract was executed and the violation occurred on
  587  or after July 1, 1993, and provided that:
  588         1. The claimant has caused to be issued a writ of execution
  589  upon such judgment, and the officer executing the writ has made
  590  a return showing that no personal or real property of the
  591  judgment debtor or licensee liable to be levied upon in
  592  satisfaction of the judgment can be found or that the amount
  593  realized on the sale of the judgment debtor’s or licensee’s
  594  property pursuant to such execution was insufficient to satisfy
  595  the judgment;
  596         2. If the claimant is unable to comply with subparagraph 1.
  597  for a valid reason to be determined by the board, the claimant
  598  has made all reasonable searches and inquiries to ascertain
  599  whether the judgment debtor or licensee is possessed of real or
  600  personal property or other assets subject to being sold or
  601  applied in satisfaction of the judgment and by his or her search
  602  has discovered no property or assets or has discovered property
  603  and assets and has taken all necessary action and proceedings
  604  for the application thereof to the judgment but the amount
  605  thereby realized was insufficient to satisfy the judgment; and
  606         3. The claimant has made a diligent attempt, as defined by
  607  board rule, to collect the restitution awarded by the board.
  608         (f) A claim for recovery is made within 1 year after the
  609  conclusion of any civil, criminal, or administrative action or
  610  award in arbitration based on the act. This paragraph applies to
  611  any claim filed with the board after October 1, 1998.
  612         (g) Any amounts recovered by the claimant from the judgment
  613  debtor or licensee, or from any other source, have been applied
  614  to the damages awarded by the court or the amount of restitution
  615  ordered by the board.
  616         (h) The claimant is not a person who is precluded by this
  617  act from making a claim for recovery.
  618         (2) A claimant is not qualified to make a claim for
  619  recovery from the recovery fund, if:
  620         (a) The claimant is the spouse of the judgment debtor or
  621  licensee or a personal representative of such spouse;
  622         (b) The claimant is a licensee who acted as the contractor
  623  in the transaction that which is the subject of the claim;
  624         (c) The claim is based upon a construction contract in
  625  which the licensee was acting with respect to the property owned
  626  or controlled by the licensee;
  627         (d) The claim is based upon a construction contract in
  628  which the contractor did not hold a valid and current license at
  629  the time of the construction contract;
  630         (e) The claimant was associated in a business relationship
  631  with the licensee other than the contract at issue; or
  632         (f) The claimant has suffered damages as the result of
  633  making improper payments to a contractor as defined in part I of
  634  chapter 713; or
  635         (f)(g) The claimant has entered into a contract contracted
  636  with a licensee to perform a scope of work described in s.
  637  489.105(3)(d)-(q) before July 1, 2015 s. 489.105(3)(d)-(p).
  638         Section 12. Subsection (1) of section 489.1425, Florida
  639  Statutes, is amended to read:
  640         489.1425 Duty of contractor to notify residential property
  641  owner of recovery fund.—
  642         (1) Each Any agreement or contract for repair, restoration,
  643  improvement, or construction to residential real property must
  644  contain a written statement explaining the consumer’s rights
  645  under the recovery fund, except where the value of all labor and
  646  materials does not exceed $2,500. The written statement must be
  647  substantially in the following form:
  648  
  649                  FLORIDA HOMEOWNERS’ CONSTRUCTION                 
  650                            RECOVERY FUND                          
  651  
  652  PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
  653  FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
  654  ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
  655  FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
  656  CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
  657  CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
  658  AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
  659  
  660  The statement must shall be immediately followed by the board’s
  661  address and telephone number as established by board rule.
  662         Section 13. Section 489.143, Florida Statutes, is amended
  663  to read:
  664         489.143 Payment from the fund.—
  665         (1) The fund shall be disbursed as provided in s. 489.141
  666  on a final order of the board.
  667         (2) A Any claimant who meets all of the conditions
  668  prescribed in s. 489.141 may apply to the board to cause payment
  669  to be made to a claimant from the recovery fund in an amount
  670  equal to the judgment, award, or restitution order or $25,000,
  671  whichever is less, or an amount equal to the unsatisfied portion
  672  of such person’s judgment, award, or restitution order, but only
  673  to the extent and amount of actual damages suffered by the
  674  claimant, and only up to the maximum payment allowed for each
  675  respective Division I and Division II claim. Payment from the
  676  fund for other costs related to or pursuant to civil proceedings
  677  such as postjudgment interest, attorney attorney’s fees, court
  678  costs, medical damages, and punitive damages is prohibited. The
  679  recovery fund is not obligated to pay a any judgment, an award,
  680  or a restitution order, or any portion thereof, which is not
  681  expressly based on one of the grounds for recovery set forth in
  682  s. 489.141.
  683         (3) Beginning January 1, 2005, for each Division I contract
  684  entered into after July 1, 2004, payment from the recovery fund
  685  shall be subject to a $50,000 maximum payment for each Division
  686  I claim. Beginning January 1, 2016, for each Division II
  687  contract entered into on or after July 1, 2015, payment from the
  688  recovery fund is subject to a $15,000 maximum payment for each
  689  Division II claim.
  690         (4)(3) Upon receipt by a claimant under subsection (2) of
  691  payment from the recovery fund, the claimant shall assign his or
  692  her additional right, title, and interest in the judgment,
  693  award, or restitution order, to the extent of such payment, to
  694  the board, and thereupon the board shall be subrogated to the
  695  right, title, and interest of the claimant; and any amount
  696  subsequently recovered on the judgment, award, or restitution
  697  order, to the extent of the right, title, and interest of the
  698  board therein, shall be for the purpose of reimbursing the
  699  recovery fund.
  700         (5)(4) Payments for claims arising out of the same
  701  transaction shall be limited, in the aggregate, to the lesser of
  702  the judgment, award, or restitution order or the maximum payment
  703  allowed for a Division I or Division II claim, regardless of the
  704  number of claimants involved in the transaction.
  705         (6)(5)For contracts entered into before July 1, 2004,
  706  payments for claims against any one licensee may shall not
  707  exceed, in the aggregate, $100,000 annually, up to a total
  708  aggregate of $250,000. For any claim approved by the board which
  709  is in excess of the annual cap, the amount in excess of $100,000
  710  up to the total aggregate cap of $250,000 is eligible for
  711  payment in the next and succeeding fiscal years, but only after
  712  all claims for the then-current calendar year have been paid.
  713  Payments may not exceed the aggregate annual or per claimant
  714  limits under law. Beginning January 1, 2005, for each Division I
  715  contract entered into after July 1, 2004, payment from the
  716  recovery fund is subject only to a total aggregate cap of
  717  $500,000 for each Division I licensee. Beginning January 1,
  718  2016, for each Division II contract entered into on or after
  719  July 1, 2015, payment from the recovery fund is subject only to
  720  a total aggregate cap of $150,000 for each Division II licensee.
  721         (7)(6) Claims shall be paid in the order filed, up to the
  722  aggregate limits for each transaction and licensee and to the
  723  limits of the amount appropriated to pay claims against the fund
  724  for the fiscal year in which the claims were filed. Payments may
  725  not exceed the total aggregate cap per license or per claimant
  726  limits under this section.
  727         (8)(7) If the annual appropriation is exhausted with claims
  728  pending, such claims shall be carried forward to the next fiscal
  729  year. Any moneys in excess of pending claims remaining in the
  730  recovery fund at the end of the fiscal year shall be paid as
  731  provided in s. 468.631.
  732         (9)(8) Upon the payment of any amount from the recovery
  733  fund in settlement of a claim in satisfaction of a judgment,
  734  award, or restitution order against a licensee as described in
  735  s. 489.141, the license of such licensee shall be automatically
  736  suspended, without further administrative action, upon the date
  737  of payment from the fund. The license of such licensee may shall
  738  not be reinstated until he or she has repaid in full, plus
  739  interest, the amount paid from the fund. A discharge of
  740  bankruptcy does not relieve a person from the penalties and
  741  disabilities provided in this section.
  742         (10)(9)A Any firm, a corporation, a partnership, or an
  743  association, or a any person acting in his or her individual
  744  capacity, who aids, abets, solicits, or conspires with another
  745  any person to knowingly present or cause to be presented a any
  746  false or fraudulent claim for the payment of a loss under this
  747  act commits is guilty of a third-degree felony, punishable as
  748  provided in s. 775.082 or s. 775.084 and by a fine of up to not
  749  exceeding $30,000, unless the value of the fraud exceeds that
  750  amount, $30,000 in which event the fine may not exceed double
  751  the value of the fraud.
  752         (11)(10)Each payment All payments and disbursement
  753  disbursements from the recovery fund shall be made by the Chief
  754  Financial Officer upon a voucher signed by the secretary of the
  755  department or the secretary’s designee.
  756         Section 14. Subsection (24) is added to section 489.503,
  757  Florida Statutes, to read:
  758         489.503 Exemptions.—This part does not apply to:
  759         (24) A person who installs low-voltage landscape lighting
  760  that contains a factory-installed electrical cord with plug and
  761  does not require installation, wiring, or modification to the
  762  electrical wiring of the structure.
  763         Section 15. Subsection (6) of section 489.517, Florida
  764  Statutes, is amended to read:
  765         489.517 Renewal of certificate or registration; continuing
  766  education.—
  767         (6) The board shall require, by rule adopted pursuant to
  768  ss. 120.536(1) and 120.54, a specialized number of hours in
  769  specialized or code-related training advanced module courses,
  770  approved by the Florida Building Commission, on any portion of
  771  the Florida Building Code, adopted pursuant to part IV of
  772  chapter 553, relating to the contractor’s respective discipline.
  773         Section 16. Subsection (3) of section 514.011, Florida
  774  Statutes, is amended to read:
  775         514.011 Definitions.—As used in this chapter:
  776         (3) “Private pool” means a facility used only by an
  777  individual, family, or living unit members and their guests
  778  which does not serve any type of cooperative housing or joint
  779  tenancy of five or more living units. The term includes a
  780  portable pool used exclusively for providing swimming lessons or
  781  related instruction in support of an established educational
  782  program sponsored or provided by a county school district for
  783  the purposes of the exemptions provided under s. 514.0115.
  784         Section 17. Subsection (3) of section 514.0115, Florida
  785  Statutes, is amended to read:
  786         514.0115 Exemptions from supervision or regulation;
  787  variances.—
  788         (3) A private pool used for instructional purposes in
  789  swimming may shall not be regulated as a public pool. A portable
  790  pool used for instructional purposes or in furtherance of an
  791  approved educational program may not be regulated as a public
  792  pool.
  793         Section 18. Subsections (2) through (5) of section 514.031,
  794  Florida Statutes, are redesignated as subsections (3) through
  795  (6), respectively, a new subsection (2) is added to that
  796  section, and present subsection (5) of that section is amended,
  797  to read:
  798         514.031 Permit necessary to operate public swimming pool.—
  799         (2) The department shall ensure through inspections that a
  800  public swimming pool with an operating permit continues to be
  801  operated and maintained in compliance with rules adopted under
  802  this section, the original approved plans and specifications or
  803  variances, and the Florida Building Code adopted under chapter
  804  553 applicable to public pools or public bathing places. The
  805  department may adopt and enforce rules to implement this
  806  subsection, including provisions for closing those pools and
  807  bathing places not in compliance. For purposes of this
  808  subsection, the department’s jurisdiction includes the pool, the
  809  pool deck, the barrier as defined in s. 515.25, and the bathroom
  810  facilities for pool patrons. The local enforcement agency shall
  811  permit and inspect repairs or modifications required as a result
  812  of the department’s inspections and may take enforcement action
  813  to ensure compliance. The department shall ensure that the rules
  814  enforced by the local enforcement agency under this subsection
  815  are consistent with the Florida Building Code adopted under
  816  chapter 553.
  817         (6)(5) An owner or operator of a public swimming pool,
  818  including, but not limited to, a spa, wading, or special purpose
  819  pool, to which admittance is obtained by membership for a fee
  820  shall post in a prominent location within the facility the most
  821  recent pool inspection report issued by the department
  822  pertaining to the health and safety conditions of such facility.
  823  The report shall be legible and readily accessible to members or
  824  potential members. The department shall adopt rules to enforce
  825  this subsection. A portable pool may not be used as a public
  826  pool, unless it is exempt under s. 514.0115.
  827         Section 19. Subsections (1), (2), and (5) of section
  828  514.05, Florida Statutes, are amended to read:
  829         514.05 Denial, suspension, or revocation of permit;
  830  administrative fines.—
  831         (1) The department may deny an application for an a
  832  operating permit, suspend or revoke a permit issued to any
  833  person or public body, or impose an administrative fine upon the
  834  failure of such person or public body to comply with the
  835  provisions of this chapter, the original approved plans and
  836  specifications or variances, the Florida Building Code adopted
  837  under chapter 553 applicable to public pools or public bathing
  838  places, or the rules adopted hereunder.
  839         (2) The department may impose an administrative fine, which
  840  shall not exceed $500 for each violation, for the violation of
  841  this chapter, the original approved plans and specifications or
  842  variances, the Florida Building Code adopted under chapter 553
  843  applicable to public pools or public bathing places, or the
  844  rules adopted hereunder and for the violation of any of the
  845  provisions of chapter 386. Notice of intent to impose such fine
  846  shall be given by the department to the alleged violator. Each
  847  day that a violation continues may constitute a separate
  848  violation.
  849         (5) Under conditions specified by rule, the department may
  850  close a public pool that is not in compliance with this chapter,
  851  the original approved plans and specifications or variances, the
  852  Florida Building Code adopted under chapter 553 applicable to
  853  public pools or public bathing places, or the rules adopted
  854  under this chapter.
  855         Section 20. Subsection (2) of section 553.512, Florida
  856  Statutes, is amended to read:
  857         553.512 Modifications and waivers; advisory council.—
  858         (2) The Accessibility Advisory Council shall consist of the
  859  following seven members, who shall be knowledgeable in the area
  860  of accessibility for persons with disabilities. The Secretary of
  861  Business and Professional Regulation shall appoint the
  862  following: a representative from the Advocacy Center for Persons
  863  with Disabilities, Inc.; a representative from the Division of
  864  Blind Services; a representative from the Division of Vocational
  865  Rehabilitation; a representative from a statewide organization
  866  representing the physically handicapped; a representative from
  867  the hearing impaired; a representative from Pensacola Pen Wheels
  868  Inc., Employ the Handicapped Council; a representative from the
  869  President, Florida Council of Handicapped Organizations; and a
  870  representative of the Paralyzed Veterans of America. The terms
  871  for the first three council members appointed subsequent to
  872  October 1, 1991, shall be for 4 years, the terms for the next
  873  two council members appointed shall be for 3 years, and the
  874  terms for the next two members shall be for 2 years. Thereafter,
  875  all council member appointments shall be for terms of 4 years. A
  876  No council member may not shall serve more than two 4-year terms
  877  subsequent to October 1, 1991. Any member of the council may be
  878  replaced by the secretary upon three unexcused absences. Upon
  879  application made in the form provided, an individual waiver or
  880  modification may be granted by the commission so long as such
  881  modification or waiver is not in conflict with more stringent
  882  standards provided in another chapter.
  883         Section 21. Section 553.721, Florida Statutes, is amended
  884  to read:
  885         553.721 Surcharge.—In order for the Department of Business
  886  and Professional Regulation to administer and carry out the
  887  purposes of this part and related activities, there is created a
  888  surcharge, to be assessed at the rate of 1.5 percent of the
  889  permit fees associated with enforcement of the Florida Building
  890  Code as defined by the uniform account criteria and specifically
  891  the uniform account code for building permits adopted for local
  892  government financial reporting pursuant to s. 218.32. The
  893  minimum amount collected on any permit issued shall be $2. The
  894  unit of government responsible for collecting a permit fee
  895  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  896  surcharge and electronically remit the funds collected to the
  897  department on a quarterly calendar basis for the preceding
  898  quarter and continuing each third month thereafter. The unit of
  899  government shall retain 10 percent of the surcharge collected to
  900  fund the participation of building departments in the national
  901  and state building code adoption processes and to provide
  902  education related to enforcement of the Florida Building Code.
  903  All funds remitted to the department pursuant to this section
  904  shall be deposited in the Professional Regulation Trust Fund.
  905  Funds collected from the surcharge shall be allocated to fund
  906  the Florida Building Commission and the Florida Building Code
  907  Compliance and Mitigation Program under s. 553.841. Funds
  908  allocated to the Florida Building Code Compliance and Mitigation
  909  Program shall be $925,000 each fiscal year. The Florida Building
  910  Code Compliance and Mitigation Program shall fund the
  911  recommendations made by the Building Code System Uniform
  912  Implementation Evaluation Workgroup, dated April 8, 2013, from
  913  existing resources, not to exceed $30,000 in the 2015-2016
  914  fiscal year. Funds collected from the surcharge shall also be
  915  used to fund Florida Fire Prevention Code informal
  916  interpretations managed by the State Fire Marshal and shall be
  917  limited to $15,000 each fiscal year. The State Fire Marshal
  918  shall adopt rules to address the implementation and expenditure
  919  of the funds allocated to fund the Florida Fire Prevention Code
  920  informal interpretations under this section. The funds collected
  921  from the surcharge may not be used to fund research on
  922  techniques for mitigation of radon in existing buildings. Funds
  923  used by the department as well as funds to be transferred to the
  924  Department of Health and the State Fire Marshal shall be as
  925  prescribed in the annual General Appropriations Act. The
  926  department shall adopt rules governing the collection and
  927  remittance of surcharges pursuant to chapter 120.
  928         Section 22. Subsections (11) and (15) of section 553.73,
  929  Florida Statutes, are amended, and subsections (19) and (20) are
  930  added to that section, to read:
  931         553.73 Florida Building Code.—
  932         (11)(a) In the event of a conflict between the Florida
  933  Building Code and the Florida Fire Prevention Code and the Life
  934  Safety Code as applied to a specific project, the conflict shall
  935  be resolved by agreement between the local building code
  936  enforcement official and the local fire code enforcement
  937  official in favor of the requirement of the code which offers
  938  the greatest degree of lifesafety or alternatives which would
  939  provide an equivalent degree of lifesafety and an equivalent
  940  method of construction. Local boards created to address issues
  941  arising under the Florida Building Code and the Florida Fire
  942  Prevention Code may combine the appeals boards to create a
  943  single local board having jurisdiction over matters arising
  944  under either or both codes. The combined local board of appeals
  945  has the authority to grant alternatives or modifications through
  946  procedures outlined in NFPA 1, Section 1.4, but does not have
  947  the authority to waive the requirements of the Florida Fire
  948  Prevention Code. In order to meet the quorum requirement to
  949  convene the combined appeals board, there must be at least one
  950  member of the board who is a fire protection contractor, a fire
  951  protection design professional, a fire department operations
  952  professional, or a fire code enforcement professional.
  953         (b) Any decision made by the local fire official regarding
  954  application, interpretation, or enforcement of the Florida Fire
  955  Prevention Code, by and the local building official regarding
  956  application, interpretation, or enforcement of the Florida
  957  Building Code, or the appropriate application of either or both
  958  codes in the case of a conflict between the codes may be
  959  appealed to a local administrative board designated by the
  960  municipality, county, or special district having firesafety
  961  responsibilities. If the decision of the local fire official and
  962  the local building official is to apply the provisions of either
  963  the Florida Building Code or the Florida Fire Prevention Code
  964  and the Life Safety Code, the board may not alter the decision
  965  unless the board determines that the application of such code is
  966  not reasonable. If the decision of the local fire official and
  967  the local building official is to adopt an alternative to the
  968  codes, the local administrative board shall give due regard to
  969  the decision rendered by the local officials and may modify that
  970  decision if the administrative board adopts a better
  971  alternative, taking into consideration all relevant
  972  circumstances. In any case in which the local administrative
  973  board adopts alternatives to the decision rendered by the local
  974  fire official and the local building official, such alternatives
  975  shall provide an equivalent degree of lifesafety and an
  976  equivalent method of construction as the decision rendered by
  977  the local officials.
  978         (c) If the local building official and the local fire
  979  official are unable to agree on a resolution of the conflict
  980  between the Florida Building Code and the Florida Fire
  981  Prevention Code and the Life Safety Code, the local
  982  administrative board shall resolve the conflict in favor of the
  983  code which offers the greatest degree of lifesafety or
  984  alternatives which would provide an equivalent degree of
  985  lifesafety and an equivalent method of construction.
  986         (d) All decisions of the local administrative board, or if
  987  none exists, the decisions of the local building official and
  988  the local fire official in regard to the application,
  989  enforcement, or interpretation of the Florida Fire Prevention
  990  Code, or conflicts between the Florida Fire Prevention Code and
  991  the Florida Building Code, are subject to review by a joint
  992  committee composed of members of the Florida Building Commission
  993  and the Fire Code Advisory Council. If the joint committee is
  994  unable to resolve conflicts between the codes as applied to a
  995  specific project, the matter shall be resolved pursuant to the
  996  provisions of paragraph (1)(d). Decisions of the local
  997  administrative board solely in regard to the provisions of the
  998  Florida Building Code are subject to review as set forth in s.
  999  553.775.
 1000         (e) The local administrative board shall, to the greatest
 1001  extent possible, be composed of members with expertise in
 1002  building construction and firesafety standards.
 1003         (f) All decisions of the local building official and local
 1004  fire official and all decisions of the administrative board
 1005  shall be in writing and shall be binding upon a person but do
 1006  not limit the authority of the State Fire Marshal or the Florida
 1007  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
 1008  and 633.228. Decisions of general application shall be indexed
 1009  by building and fire code sections and shall be available for
 1010  inspection during normal business hours.
 1011         (15) An agency or local government may not require that
 1012  existing mechanical equipment located on or above the surface of
 1013  a roof be installed in compliance with the requirements of the
 1014  Florida Building Code except during roofing when the equipment
 1015  is being replaced or moved during reroofing and is not in
 1016  compliance with the provisions of the Florida Building Code
 1017  relating to roof-mounted mechanical units.
 1018         (19) In other than one- and two-family detached dwellings,
 1019  a local enforcing agency that requires a permit to install or
 1020  replace a water heater shall require that a hard-wired or
 1021  battery-operated water-level detection device be secured to the
 1022  drain pan area at a level lower than the drain connection upon
 1023  installation or replacement of the water heater. The device must
 1024  include an audible alarm and, if battery-operated, must have a
 1025  10-year low-battery notification capability.
 1026         (20) The Florida Building Code may not require more than
 1027  one fire service access elevator in residential occupancies
 1028  where the highest occupiable floor is less than 420 feet above
 1029  the level of fire service access and all remaining elevators are
 1030  provided with Phase I and II emergency operations. Where a fire
 1031  service access elevator is required, a 1-hour fire-rated fire
 1032  service access elevator lobby with direct access from the fire
 1033  service access elevator is not required when the fire service
 1034  access elevator opens into an exit-access corridor, which can be
 1035  no less than 6 feet wide for its entire length that is a minimum
 1036  of 150 square feet with the exception of door openings, and has
 1037  a minimum 1-hour fire rating with three-quarter-hour fire- and
 1038  smoke-rated openings; and, during a fire event, the fire service
 1039  access elevator is pressurized and floor-to-floor smoke control
 1040  is provided. However, where transient residential occupancies
 1041  occur at floor levels more than 420 feet above the level of fire
 1042  service access, a 1-hour fire-rated fire service access elevator
 1043  lobby with direct access from the fire service access elevator
 1044  is required. The requirement for a second fire service access
 1045  elevator is not considered to be a part of the Florida Building
 1046  Code and, therefore, does not take effect until July 1, 2016.
 1047         Section 23. Paragraph (c) of subsection (3) of section
 1048  553.775, Florida Statutes, is amended to read:
 1049         553.775 Interpretations.—
 1050         (3) The following procedures may be invoked regarding
 1051  interpretations of the Florida Building Code or the Florida
 1052  Accessibility Code for Building Construction:
 1053         (c) The commission shall review decisions of local building
 1054  officials and local enforcement agencies regarding
 1055  interpretations of the Florida Building Code or the Florida
 1056  Accessibility Code for Building Construction after the local
 1057  board of appeals has considered the decision, if such board
 1058  exists, and if such appeals process is concluded within 25
 1059  business days.
 1060         1. The commission shall coordinate with the Building
 1061  Officials Association of Florida, Inc., to designate a panel
 1062  panels composed of seven five members to hear requests to review
 1063  decisions of local building officials. Five The members must be
 1064  licensed as building code administrators under part XII of
 1065  chapter 468, one member must be licensed as an architect under
 1066  chapter 481, and one member must be licensed as an engineer
 1067  under chapter 471. Each member and must have experience
 1068  interpreting or and enforcing provisions of the Florida Building
 1069  Code and the Florida Accessibility Code for Building
 1070  Construction.
 1071         2. Requests to review a decision of a local building
 1072  official interpreting provisions of the Florida Building Code or
 1073  the Florida Accessibility Code for Building Construction may be
 1074  initiated by any substantially affected person, including an
 1075  owner or builder subject to a decision of a local building
 1076  official or an association of owners or builders having members
 1077  who are subject to a decision of a local building official. In
 1078  order to initiate review, the substantially affected person must
 1079  file a petition with the commission. The commission shall adopt
 1080  a form for the petition, which shall be published on the
 1081  Building Code Information System. The form shall, at a minimum,
 1082  require the following:
 1083         a. The name and address of the county or municipality in
 1084  which provisions of the Florida Building Code or the Florida
 1085  Accessibility Code for Building Construction are being
 1086  interpreted.
 1087         b. The name and address of the local building official who
 1088  has made the interpretation being appealed.
 1089         c. The name, address, and telephone number of the
 1090  petitioner; the name, address, and telephone number of the
 1091  petitioner’s representative, if any; and an explanation of how
 1092  the petitioner’s substantial interests are being affected by the
 1093  local interpretation of the Florida Building Code or the Florida
 1094  Accessibility Code for Building Construction.
 1095         d. A statement of the provisions of the Florida Building
 1096  Code or the Florida Accessibility Code for Building Construction
 1097  which are being interpreted by the local building official.
 1098         e. A statement of the interpretation given to provisions of
 1099  the Florida Building Code or the Florida Accessibility Code for
 1100  Building Construction by the local building official and the
 1101  manner in which the interpretation was rendered.
 1102         f. A statement of the interpretation that the petitioner
 1103  contends should be given to the provisions of the Florida
 1104  Building Code or the Florida Accessibility Code for Building
 1105  Construction and a statement supporting the petitioner’s
 1106  interpretation.
 1107         g. Space for the local building official to respond in
 1108  writing. The space shall, at a minimum, require the local
 1109  building official to respond by providing a statement admitting
 1110  or denying the statements contained in the petition and a
 1111  statement of the interpretation of the provisions of the Florida
 1112  Building Code or the Florida Accessibility Code for Building
 1113  Construction which the local jurisdiction or the local building
 1114  official contends is correct, including the basis for the
 1115  interpretation.
 1116         3. The petitioner shall submit the petition to the local
 1117  building official, who shall place the date of receipt on the
 1118  petition. The local building official shall respond to the
 1119  petition in accordance with the form and shall return the
 1120  petition along with his or her response to the petitioner within
 1121  5 days after receipt, exclusive of Saturdays, Sundays, and legal
 1122  holidays. The petitioner may file the petition with the
 1123  commission at any time after the local building official
 1124  provides a response. If no response is provided by the local
 1125  building official, the petitioner may file the petition with the
 1126  commission 10 days after submission of the petition to the local
 1127  building official and shall note that the local building
 1128  official did not respond.
 1129         4. Upon receipt of a petition that meets the requirements
 1130  of subparagraph 2., the commission shall immediately provide
 1131  copies of the petition to the a panel, and the commission shall
 1132  publish the petition, including any response submitted by the
 1133  local building official, on the Building Code Information System
 1134  in a manner that allows interested persons to address the issues
 1135  by posting comments.
 1136         5. The panel shall conduct proceedings as necessary to
 1137  resolve the issues; shall give due regard to the petitions, the
 1138  response, and to comments posed on the Building Code Information
 1139  System; and shall issue an interpretation regarding the
 1140  provisions of the Florida Building Code or the Florida
 1141  Accessibility Code for Building Construction within 21 days
 1142  after the filing of the petition. The panel shall render a
 1143  determination based upon the Florida Building Code or the
 1144  Florida Accessibility Code for Building Construction or, if the
 1145  code is ambiguous, the intent of the code. The panel’s
 1146  interpretation shall be provided to the commission, which shall
 1147  publish the interpretation on the Building Code Information
 1148  System and in the Florida Administrative Register. The
 1149  interpretation shall be considered an interpretation entered by
 1150  the commission, and shall be binding upon the parties and upon
 1151  all jurisdictions subject to the Florida Building Code or the
 1152  Florida Accessibility Code for Building Construction, unless it
 1153  is superseded by a declaratory statement issued by the Florida
 1154  Building Commission or by a final order entered after an appeal
 1155  proceeding conducted in accordance with subparagraph 7.
 1156         6. It is the intent of the Legislature that review
 1157  proceedings be completed within 21 days after the date that a
 1158  petition seeking review is filed with the commission, and the
 1159  time periods set forth in this paragraph may be waived only upon
 1160  consent of all parties.
 1161         7. Any substantially affected person may appeal an
 1162  interpretation rendered by the a hearing officer panel by filing
 1163  a petition with the commission. Such appeals shall be initiated
 1164  in accordance with chapter 120 and the uniform rules of
 1165  procedure and must be filed within 30 days after publication of
 1166  the interpretation on the Building Code Information System or in
 1167  the Florida Administrative Register. Hearings shall be conducted
 1168  pursuant to chapter 120 and the uniform rules of procedure.
 1169  Decisions of the commission are subject to judicial review
 1170  pursuant to s. 120.68. The final order of the commission is
 1171  binding upon the parties and upon all jurisdictions subject to
 1172  the Florida Building Code or the Florida Accessibility Code for
 1173  Building Construction.
 1174         8. The burden of proof in any proceeding initiated in
 1175  accordance with subparagraph 7. is on the party who initiated
 1176  the appeal.
 1177         9. In any review proceeding initiated in accordance with
 1178  this paragraph, including any proceeding initiated in accordance
 1179  with subparagraph 7., the fact that an owner or builder has
 1180  proceeded with construction may not be grounds for determining
 1181  an issue to be moot if the issue is one that is likely to arise
 1182  in the future.
 1183  
 1184  This paragraph provides the exclusive remedy for addressing
 1185  requests to review local interpretations of the Florida Building
 1186  Code or the Florida Accessibility Code for Building Construction
 1187  and appeals from review proceedings.
 1188         Section 24. Subsections (6) and (11) of section 553.79,
 1189  Florida Statutes, are amended to read:
 1190         553.79 Permits; applications; issuance; inspections.—
 1191         (6) A permit may not be issued for any building
 1192  construction, erection, alteration, modification, repair, or
 1193  addition unless the applicant for such permit complies with the
 1194  requirements for plan review established by the Florida Building
 1195  Commission within the Florida Building Code. However, the code
 1196  shall set standards and criteria to authorize preliminary
 1197  construction before completion of all building plans review,
 1198  including, but not limited to, special permits for the
 1199  foundation only, and such standards shall take effect concurrent
 1200  with the first effective date of the Florida Building Code.
 1201  After submittal of the appropriate construction documents, the
 1202  building official may issue a permit for the construction of
 1203  foundations or any other part of a building or structure before
 1204  the construction documents for the entire building or structure
 1205  have been submitted. The holder of such a permit proceeds at the
 1206  holder’s own risk with the building operation and without
 1207  assurance that a permit for the entire structure will be
 1208  granted, and may be required to make corrections to meet
 1209  technical code requirements.
 1210         (11)(a) The local enforcing agency may not issue a building
 1211  permit to construct, develop, or modify a public swimming pool
 1212  without proof of application, whether complete or incomplete,
 1213  for an operating permit pursuant to s. 514.031. A certificate of
 1214  completion or occupancy may not be issued until such operating
 1215  permit is issued. The local enforcing agency shall conduct its
 1216  review of the building permit application upon filing and in
 1217  accordance with this chapter. The local enforcing agency may
 1218  confer with the Department of Health, if necessary, but may not
 1219  delay the building permit application review while awaiting
 1220  comment from the Department of Health.
 1221         (b) If the department determines under s. 514.031(2) that a
 1222  public pool or a public bathing place is not being operated or
 1223  maintained in compliance with the department’s rules, the
 1224  original approved plans and specifications or variances, and the
 1225  Florida Building Code, the local enforcing agency shall permit
 1226  and inspect the repairs or modifications required as a result of
 1227  the department’s inspections and may take enforcement action to
 1228  ensure compliance.
 1229         Section 25. Subsections (4) and (7) of section 553.841,
 1230  Florida Statutes, are amended, to read:
 1231         553.841 Building code compliance and mitigation program.—
 1232         (4) In administering the Florida Building Code Compliance
 1233  and Mitigation Program, the department may shall maintain,
 1234  update, develop, or cause to be developed code-related training
 1235  and education advanced modules designed for use by each
 1236  profession.
 1237         (7) The Florida Building Commission shall provide by rule
 1238  for the accreditation of courses related to the Florida Building
 1239  Code by accreditors approved by the commission. The commission
 1240  shall establish qualifications of accreditors and criteria for
 1241  the accreditation of courses by rule. The commission may revoke
 1242  the accreditation of a course by an accreditor if the
 1243  accreditation is demonstrated to violate this part or the rules
 1244  of the commission.
 1245         Section 26. Paragraph (a) of subsection (8) of section
 1246  553.842, Florida Statutes, is amended to read:
 1247         553.842 Product evaluation and approval.—
 1248         (8) The commission may adopt rules to approve the following
 1249  types of entities that produce information on which product
 1250  approvals are based. All of the following entities, including
 1251  engineers and architects, must comply with a nationally
 1252  recognized standard demonstrating independence or no conflict of
 1253  interest:
 1254         (a) Evaluation entities approved pursuant to this
 1255  paragraph. The commission shall specifically approve the
 1256  National Evaluation Service, the International Association of
 1257  Plumbing and Mechanical Officials Evaluation Service, the
 1258  International Code Council Evaluation Services, Underwriters
 1259  Laboratories, LLC, and the Miami-Dade County Building Code
 1260  Compliance Office Product Control Division. Architects and
 1261  engineers licensed in this state are also approved to conduct
 1262  product evaluations as provided in subsection (5).
 1263         Section 27. Section 553.908, Florida Statutes, is amended
 1264  to read:
 1265         553.908 Inspection.—Before construction or renovation is
 1266  completed, the local enforcement agency shall inspect buildings
 1267  for compliance with the standards of this part. The local
 1268  enforcement agency shall accept duct and air infiltration tests
 1269  conducted in accordance with the Florida Building Code-Energy
 1270  Conservation by individuals certified in accordance with s.
 1271  553.993(5) or (7) or individuals licensed under s.
 1272  489.105(3)(f), (g), or (i). The local enforcement agency may
 1273  accept inspections in whole or in part by individuals certified
 1274  in accordance with s. 553.993(5) or (7). Notwithstanding any
 1275  provision of the Florida Building Code or other provision of
 1276  law, mandatory blower door testing and mechanical ventilation
 1277  for residential buildings or dwelling units takes effect on
 1278  April 1, 2016.
 1279         Section 28. Subsections (17) and (18) are added to section
 1280  633.202, Florida Statutes, to read:
 1281         633.202 Florida Fire Prevention Code.—
 1282         (17) In all new high-rise and existing high-rise buildings,
 1283  minimum radio signal strength for fire department communications
 1284  shall be maintained at a level determined by the authority
 1285  having jurisdiction. Existing buildings may not be required to
 1286  comply with minimum radio strength for fire department
 1287  communications and two-way radio system enhancement
 1288  communications as required by the Florida Fire Prevention Code
 1289  until January 1, 2022. However, by December 31, 2019, an
 1290  existing building that is not in compliance with the
 1291  requirements for minimum radio strength for fire department
 1292  communications must initiate an application for an appropriate
 1293  permit for the required installation with the local government
 1294  agency having jurisdiction and must demonstrate that the
 1295  building will become compliant by January 1, 2022. Existing
 1296  apartment buildings may not be required to comply until January
 1297  1, 2025. However, existing apartment buildings are required to
 1298  initiate the appropriate permit for the required communications
 1299  installation by December 31, 2022.
 1300         (18) Areas of refuge shall be provided when required by the
 1301  Florida Building Code-Accessibility. Required portions of an
 1302  area of refuge shall be accessible from the space they serve by
 1303  an accessible means of egress.
 1304         Section 29. Subsection (5) is added to section 633.206,
 1305  Florida Statutes, to read:
 1306         633.206 Uniform firesafety standards—The Legislature hereby
 1307  determines that to protect the public health, safety, and
 1308  welfare it is necessary to provide for firesafety standards
 1309  governing the construction and utilization of certain buildings
 1310  and structures. The Legislature further determines that certain
 1311  buildings or structures, due to their specialized use or to the
 1312  special characteristics of the person utilizing or occupying
 1313  these buildings or structures, should be subject to firesafety
 1314  standards reflecting these special needs as may be appropriate.
 1315         (5) The home environment provisions enumerated in the most
 1316  current edition of the codes adopted by the division may be
 1317  applied to existing assisted living facilities notwithstanding
 1318  the edition of the codes applied at the time of construction.
 1319         Section 30. Subsection (5) of section 633.208, Florida
 1320  Statutes, is amended to read:
 1321         633.208 Minimum firesafety standards.—
 1322         (5) With regard to existing buildings, the Legislature
 1323  recognizes that it is not always practical to apply any or all
 1324  of the provisions of the Florida Fire Prevention Code and that
 1325  physical limitations may require disproportionate effort or
 1326  expense with little increase in fire or life safety. Prior to
 1327  applying the minimum firesafety code to an existing building,
 1328  the local fire official shall determine that a threat to
 1329  lifesafety or property exists. If a threat to lifesafety or
 1330  property exists, the fire official shall apply the applicable
 1331  firesafety code for existing buildings to the extent practical
 1332  to assure a reasonable degree of lifesafety and safety of
 1333  property or the fire official shall fashion a reasonable
 1334  alternative which affords an equivalent degree of lifesafety and
 1335  safety of property. The fire official may use the Fire Safety
 1336  Evaluation System found in NFPA 101A, Alternative Solutions to
 1337  Life Safety, current edition adopted by the State Fire Marshal,
 1338  to identify low-cost alternatives to bring the building or
 1339  structure into compliance with the minimum standards. It is
 1340  acceptable to use the Fire Safety Evaluation System for Board
 1341  and Care Facilities prompt evacuation capabilities parameter
 1342  values on existing residential high-rise buildings. The decision
 1343  of the local fire official may be appealed to the local
 1344  administrative board described in s. 553.73.
 1345         Section 31. Present subsections (3) and (4) of section
 1346  633.336, Florida Statutes, are redesignated as subsections (4)
 1347  and (5), respectively, and a new subsection (3) is added to that
 1348  section, read:
 1349         633.336 Contracting without certificate prohibited;
 1350  violations; penalty.—
 1351         (3) The Legislature recognizes that special expertise is
 1352  required for fire pump control panels and the maintenance of
 1353  electric and diesel pump drivers which may make it economically
 1354  unfeasible for all contractors to employ a fire protection
 1355  contractor full-time, when that person’s services may be needed
 1356  only on a limited basis. Therefore, a fire protection contractor
 1357  properly licensed under chapter 633 may subcontract with
 1358  companies providing advanced technical services for installing,
 1359  servicing, and maintaining fire pump control panels and fire
 1360  pump drivers. To ensure the integrity of the system and protect
 1361  the interests of the property owner, those providing technical
 1362  support services for fire pump control panels and drivers must
 1363  be under contract with a licensed fire protection contractor.
 1364         Section 32. The Calder Sloan Swimming Pool Electrical
 1365  Safety Task Force.—There is established within the Florida
 1366  Building Commission the Calder Sloan Swimming Pool Electrical
 1367  Safety Task Force.
 1368         (1)The purpose of the task force is to study the adoption
 1369  of standards on grounding, bonding, lighting, wiring, and all
 1370  electrical aspects for safety in and around public and private
 1371  swimming pools. The task force shall focus its study upon
 1372  minimizing the risk of electrocutions at swimming pools. The
 1373  task force shall submit a report on its findings, including
 1374  recommended revisions to the Florida Statutes, if any, to the
 1375  Governor, the President of the Senate, and the Speaker of the
 1376  House of Representatives by November 1, 2015.
 1377         (2)The task force shall consist of the Swimming Pool and
 1378  Electrical Technical Advisory Committees of the Florida Building
 1379  Commission.
 1380         (3)The task force shall be chaired by the Swimming Pool
 1381  Contractor appointed to the Florida Building Commission pursuant
 1382  to s. 553.74, Florida Statutes.
 1383         (4)The Florida Building Commission shall provide such
 1384  staff, information, and other assistance as is reasonably
 1385  necessary to assist the task force in carrying out its
 1386  responsibilities.
 1387         (5)Members of the task force shall serve without
 1388  compensation.
 1389         (6)The task force shall meet as often as necessary to
 1390  fulfill its responsibilities and meetings may be conducted by
 1391  conference call, teleconferencing, or similar technology.
 1392         (7)This section expires December 31, 2015.
 1393         Section 33. This act shall take effect July 1, 2015.

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