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.
