Bill Text: FL S1372 | 2017 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Building-related Contracting
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2017-05-05 - Died pending review, Rule 4.7(2), companion bill(s) passed, see CS/CS/HB 1021 (Ch. 2017-149) [S1372 Detail]
Download: Florida-2017-S1372-Comm_Sub.html
Bill Title: Building-related Contracting
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2017-05-05 - Died pending review, Rule 4.7(2), companion bill(s) passed, see CS/CS/HB 1021 (Ch. 2017-149) [S1372 Detail]
Download: Florida-2017-S1372-Comm_Sub.html
Florida Senate - 2017 CS for CS for SB 1372 By the Committees on Community Affairs; and Regulated Industries; and Senator Perry 578-03979-17 20171372c2 1 A bill to be entitled 2 An act relating to building-related contracting; 3 amending s. 489.516, F.S.; specifying that provisions 4 regulating certified electrical contractors and 5 certified alarm system contractors do not prevent such 6 contractors from acting as a prime contractor or from 7 subcontracting work to other licensed contractors 8 under certain circumstances; amending s. 553.73, F.S.; 9 requiring the Florida Building Commission to use 10 certain entities and codes for updates to the Florida 11 Building Code; revising voting requirements for a 12 technical advisory committee to make a favorable 13 recommendation to the commission; providing that 14 certain technical amendments to the Florida Building 15 Code which are adopted by a local government are not 16 rendered void when the code is updated; specifying 17 that such amendments are subject to review or 18 modification if carried forward into the next edition 19 of the code; requiring the commission to update the 20 Florida Building Code through a review of the most 21 current updates of specified codes; requiring the 22 commission to adopt specified provisions from certain 23 codes; deleting provisions limiting how long an 24 amendment or modification is effective; deleting a 25 provision requiring certain amendments or 26 modifications to be carried forward into the next 27 edition of the code, subject to certain conditions; 28 deleting certain requirements for the resubmission of 29 expired amendments; deleting a provision prohibiting a 30 proposed amendment from being included in the code if 31 it has been addressed in the international code; 32 conforming provisions to changes made by the act; 33 amending s. 553.76, F.S.; requiring the commission to 34 adopt the Florida Building Code, and amendments 35 thereto, by a minimum percentage of votes; providing 36 an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Present subsection (5) of section 489.516, 41 Florida Statutes, is renumbered as subsection (6), and a new 42 subsection (5) is added to that section, to read: 43 489.516 Qualifications to practice; restrictions; 44 prerequisites.— 45 (5) This part does not prevent any certified electrical or 46 alarm system contractor from acting as a prime contractor where 47 the majority of the work to be performed under the contract is 48 within the scope of his or her license or from subcontracting to 49 other licensed contractors that remaining work that is part of 50 the project contracted. 51 Section 2. Subsection (3) of section 553.73, Florida 52 Statutes, is amended, paragraph (d) is added to subsection (4) 53 of that section, and subsections (7) and (8) and paragraphs (a) 54 and (b) of subsection (9) of that section are amended, to read: 55 553.73 Florida Building Code.— 56 (3) The commission shall use theInternational Codes57published by theInternational Code Council, the National 58 Electric Code (NFPA 70), or other nationally adopted model codes 59 and standards for updates toneeded to develop the base code in60Florida to form the foundation forthe Florida Building Code. 61 TheFlorida Buildingcommission may approve technical amendments 62 to the code as provided in,subject tosubsections (8) and (9), 63after the amendments have beensubject to all of the following 64 conditions: 65 (a) The proposed amendment must havehasbeen published on 66 the commission’s website for a minimum of 45 days and all the 67 associated documentation must havehasbeen made available to 68 any interested party beforeanyconsideration by a technical 69 advisory committee.;70 (b) In order for a technical advisory committee to make a 71 favorable recommendation to the commission, the proposal must 72 receive a two-thirdsthree-fourthsvote of the members present 73 at thetechnical advisory committeemeeting.andAt least half 74 of the regular members must be present in order to conduct a 75 meeting.;76 (c) After the technical advisory committee has considered 77 and recommendedconsideration and a recommendation forapproval 78 of any proposed amendment, the proposal must be published on the 79 commission’s website for at least 45 days beforeany80 consideration by the commission.; and81 (d) A proposal may be modified by the commission based on 82 public testimony and evidence from a public hearing held in 83 accordance with chapter 120. 84 85 The commission shall incorporate withinsections ofthe Florida 86 Building Code provisions thatwhichaddress regional and local 87 concerns and variations. The commission shall make every effort 88 to minimize conflicts between the Florida Building Code, the 89 Florida Fire Prevention Code, and the Life Safety Code. 90 (4) 91 (d) A technical amendment to the Florida Building Code 92 related to water conservation practices or design criteria 93 adopted by a local government pursuant to this subsection is not 94 rendered void when the code is updated if the technical 95 amendment is necessary to protect or provide for more efficient 96 use of water resources as provided in s. 373.621. However, any 97 such technical amendment carried forward into the next edition 98 of the code pursuant to this paragraph is subject to review or 99 modification as provided in this part. 100 (7)(a) The commission, by rule adopted pursuant to ss.101120.536(1) and 120.54,shall adopt an updatedupdate theFlorida 102 Building Code every 3 years through review of. when updatingthe103Florida Building Code,the commission shall selectthe most 104 current updatesversionof the International Building Code, the 105 International Fuel Gas Code, the International Mechanical Code, 106 the International Plumbing Code, and the International 107 Residential Code, all of which are copyrighted and published by 108adoptedby the International Code Council, and the National 109 Electrical Code, which is copyrighted and publishedadoptedby 110 the National Fire Protection Association. At a minimum, the 111 commission shall adopt any updates to such codes or any other 112 code necessary to maintain eligibility for federal funding from 113 the National Flood Insurance Program, the Federal Emergency 114 Management Agency, and the United States Department of Housing 115 and Urban Development, to form the foundationcodes of the116updated Florida Building Code,if the version has been adopted117by the applicable model code entity. The commission shall also 118 review and adopt updates based substantially onselect the most119current version ofthe International Energy Conservation Code 120 (IECC)as a foundation code; however,the IECC shall be modified121bythe commission shalltomaintain the efficiencies of the 122 Florida Energy Efficiency Code for Building Construction adopted 123 and amended pursuant to s. 553.901. The commission shall adopt 124 updated codes by rule. 125 (b) Codes regarding noise contour lines shall be reviewed 126 annually, and the most current federal guidelines shall be 127 adopted. 128 (c) The commission may adopt as a technical amendment to 129 the Florida Building Codemodifyany portion of thefoundation130 codes identified in paragraph (a), but only as needed to 131 accommodate the specific needs of this state. Standards or 132 criteria adopted from thesereferenced by thecodes shall be 133 incorporated by reference to the specific provisions adopted. If 134 a referenced standard or criterion requires amplification or 135 modification to be appropriate for use in this state, only the 136 amplification or modification shall be set forth in the Florida 137 Building Code. The commission may approve technical amendments 138 to the updated Florida Building Code after the amendments have 139 been subject to the conditions set forth in paragraphs (3)(a) 140 (d). Amendments thatto the foundation codes whichare adopted 141 in accordance with this subsection shall be clearly marked in 142 printed versions of the Florida Building Code so that the fact 143 that the provisions areFlorida-specificamendmentsto the144foundation codesis readily apparent. 145 (d) The commission shall further consider the commission’s 146 own interpretations, declaratory statements, appellate 147 decisions, and approved statewide and local technical amendments 148 and shall incorporate such interpretations, statements, 149 decisions, and amendments into the updated Florida Building Code 150 only to the extent that they are needed tomodify the foundation151codes toaccommodate the specific needs of the state. A change 152 made by an institute or standards organization to any standard 153 or criterion that is adopted by reference in the Florida 154 Building Code does not become effective statewide until it has 155 been adopted by the commission. Furthermore, the edition of the 156 Florida Building Code which is in effect on the date of 157 application for any permit authorized by the code governs the 158 permitted work for the life of the permit and any extension 159 granted to the permit. 160 (e) A rule updating the Florida Building Code in accordance 161 with this subsection shall take effect no sooner than 6 months 162 after publication of the updated code. Any amendment to the 163 Florida Building Code which is adopted upon a finding by the 164 commission that the amendment is necessary to protect the public 165 from immediate threat of harm takes effect immediately. 166 (f) Provisions of the Florida Building Codefoundation167codes, including those contained in referenced standards and 168 criteria, relating to wind resistance or the prevention of water 169 intrusion may not be modified to diminish those construction 170 requirements; however, the commission may, subject to conditions 171 in this subsection, modify the provisions to enhance those 172 construction requirements. 173(g)Amendments or modifications to the foundation code174pursuant to this subsection shall remain effective only until175the effective date of a new edition of the Florida Building Code176every third year.Amendments or modifications related to state177agency regulations which are adopted and integrated into an178edition of the Florida Building Code shall be carried forward179into the next edition of the code, subject to modification as180provided in this part. Amendments or modifications related to181the wind-resistance design of buildings and structures within182the high-velocity hurricane zone of Miami-Dade and Broward183Counties which are adopted to an edition of the Florida Building184Code do not expire and shall be carried forward into the next185edition of the code, subject to review or modification as186provided in this part. If amendments that expire pursuant to187this paragraph are resubmitted through theFlorida Building188commission code adoption process, the amendments must189specifically address whether:1901. The provisions contained in the proposed amendment are191addressed in the applicable international code.1922. The amendment demonstrates by evidence or data that the193geographical jurisdiction of Florida exhibits a need to194strengthen thefoundationcode beyond the needs or regional195variations addressed by thefoundationcode, and why the196proposed amendment applies to this state.1973. The proposed amendment was submitted or attempted to be198included in thefoundation codesto avoid resubmission to the199Florida Building Code amendment process.200 201If the proposed amendment has been addressed in the202international code in a substantially equivalent manner, the203Florida Building commission may not include the proposed204amendment in the foundation Code.205 (8) Notwithstandingthe provisions ofsubsection (3) or 206 subsection (7), the commission may address issues identified in 207 this subsection by amending the code pursuantonlyto the rule 208 adoption procedurescontainedin chapter 120.Provisions ofThe 209 Florida Building Code, including provisionsthosecontained in 210 referenced standards and criteria which relate, relatingto wind 211 resistance or the prevention of water intrusion, may not be 212 amended pursuant to this subsection to diminish those standards 213construction requirements; however, the commission may, subject214to conditions in this subsection,amend the Florida Building 215 Codethe provisionsto enhance such standardsthose construction216requirements. Following the approval of any amendments to the 217 Florida Building Code by the commission and publication of the 218 amendments on the commission’s website, authorities having 219 jurisdiction to enforce the Florida Building Code may enforce 220 the amendments. The commission may approve amendments that are 221 needed to address: 222 (a) Conflicts within the updated code; 223 (b) Conflicts between the updated code and the Florida Fire 224 Prevention Code adopted pursuant to chapter 633; 225 (c) Unintended results from the integration of previously 226 adoptedFlorida-specificamendments with the model code; 227 (d) Equivalency of standards; 228 (e) Changes to or inconsistencies with federal or state 229 law; or 230 (f) Adoption of an updated edition of the National 231 Electrical Code if the commission finds that delay of 232 implementing the updated edition causes undue hardship to 233 stakeholders or otherwise threatens the public health, safety, 234 and welfare. 235 (9)(a) The commission may approve technical amendments to 236 the Florida Building Code once each year for statewide or 237 regional application upon a finding that the amendment: 238 1. Is needed in order to accommodate the specific needs of 239 this state. 240 2. Has a reasonable and substantial connection with the 241 health, safety, and welfare of the general public. 242 3. Strengthens or improves the Florida Building Code, or in 243 the case of innovation or new technology, will provide 244 equivalent or better products or methods or systems of 245 construction. 246 4. Does not discriminate against materials, products, 247 methods, or systems of construction of demonstrated 248 capabilities. 249 5. Does not degrade the effectiveness of the Florida 250 Building Code. 251 252 The Florida Building Commission may approve technical amendments 253 to the code once each year to incorporate into the Florida 254 Building Code its own interpretations of the code which are 255 embodied in its opinions, final orders, declaratory statements, 256 and interpretations of hearing officer panels under s. 257 553.775(3)(c), but only to the extent that the incorporation of 258 interpretations is needed to modify the codefoundation codesto 259 accommodate the specific needs of this state. Amendments 260 approved under this paragraph shall be adopted by rule after the 261 amendments have been subjected to subsection (3). 262 (b) A proposed amendment must include a fiscal impact 263 statement that documents the costs and benefits of the proposed 264 amendment. Criteria for the fiscal impact statement shall be 265 established by rule by the commission and shall include the 266 impact to local government relative to enforcement, the impact 267 to property and building owners, and the impact to industry, 268 relative to the cost of compliance. The amendment must 269 demonstrate by evidence or data that the state’s geographical 270 jurisdiction exhibits a need to strengthen thefoundationcode 271 beyond the needs or regional variations addressed by the 272foundationcode and why the proposed amendment applies to this 273 state. 274 Section 3. Subsection (2) of section 553.76, Florida 275 Statutes, is amended to read: 276 553.76 General powers of the commission.—The commission is 277 authorized to: 278 (2) Issue memoranda of procedure for its internal 279 management and control. The commission may adopt rules related 280 to its consensus-based decisionmaking process, including, but 281 not limited to, super majority voting requirementsfor282commission actions relating to the adoption of the Florida283Building Code or amendments to the code. However, the commission 284 must adopt the Florida Building Code, and amendments thereto, by 285 at least a two-thirds vote of the members present at a meeting. 286 Section 4. This act shall take effect July 1, 2017.