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 certificateasissued by the 196 board,or a firesafetyfire safetyinspector license issued 197 pursuant to chapter 633, has a minimum of 35years’ 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 moreof not lessthan 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;or207 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 moreof not216lessthan 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 leastnot219less than20 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 shallmayprovide 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) ANobuilding 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 shallmayprovide 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 trainingthe specialized or advanced coursework approved308by 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 trainingadvanced courseson 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 trainingadvanced courses, approved344by 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 trainingadvanced courses, approved353by 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 anof464anyauthorized 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 trainingadvanced module courses,514approved 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 ananyaggrieved 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 aany525 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 ariseand arisingdirectly out of aany531 transaction conducted when the judgment debtor was licensed and 532 must involve an actperformed any of the activitiesenumerated 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 aanyseries 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 aanylicense 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) AAnyclaimant is eligible to seek recovery from the 564 recovery fund after makinghaving madea claim and exhausting 565 the limits of any available bond, cash bond, surety, guarantee, 566 warranty, letter of credit, or policy of insurance if, provided567thateach 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 thatwhichis 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 of633making improper payments to a contractor as defined in part I of634chapter 713; or635 (f)(g)The claimant has entered into a contractcontracted636 with a licensee to perform a scope of work described in s. 637 489.105(3)(d)-(q) before July 1, 2015s. 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) EachAnyagreement 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 mustshallbe 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) AAnyclaimant 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, attorneyattorney’sfees, court 678 costs, medical damages, and punitive damages is prohibited. The 679 recovery fund is not obligated to pay aanyjudgment, 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 mayshallnot 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 724for 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 mayshall738 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)AAnyfirm, a corporation, a partnership, or an 743 association, or aanyperson acting in his or her individual 744 capacity, who aids, abets, solicits, or conspires with another 745anyperson to knowingly present or cause to be presented aany746 false or fraudulent claim for the payment of a loss under this 747 act commitsis guilty ofa third-degree felony, punishable as 748 provided in s. 775.082 or s. 775.084 and by a fine of up tonot749exceeding$30,000, unless the value of the fraud exceeds that 750 amount,$30,000in which event the fine may not exceed double 751 the value of the fraud. 752 (11)(10)Each paymentAll paymentsand disbursement 753disbursementsfrom 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 trainingadvanced module courses,770approved 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 mayshallnot 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 ana832 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 ofany of the845provisions ofchapter 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 the869President, 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 876Nocouncil member may notshallserve 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, byandthe 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 movedduring reroofingand 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 1062panelscomposed of sevenfivemembers to hear requests to review 1063 decisions of local building officials. FiveThemembers 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 memberandmust have experience 1068 interpreting orandenforcing 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 theapanel, 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 thea hearing officerpanel 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 mayshallmaintain, 1234 update, develop, or cause to be developed code-related training 1235 and educationadvanced modules designedfor use by each 1236 profession. 1237(7) The Florida Building Commission shall provide by rule1238for the accreditation of courses related to the Florida Building1239Code by accreditors approved by the commission. The commission1240shall establish qualifications of accreditors and criteria for1241the accreditation of courses by rule. The commission may revoke1242the accreditation of a course by an accreditor if the1243accreditation is demonstrated to violate this part or the rules1244of 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.