March 23, 2019
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_h0663__
HB 663

1
A bill to be entitled
2An act relating to building safety; amending s. 399.02,
3F.S.; exempting certain elevators from provisions
4requiring modifications to heat sensors and electronic
5controls; amending s. 399.15, F.S.; providing an
6alternative method to allow access to regional emergency
7elevators; providing for a uniform lock box; providing for
8a master key; providing the Division of State Fire Marshal
9with enforcement authority; directing the Department of
10Financial Services to select the provider of the uniform
11lock box; amending s. 468.8311, F.S.; revising the term
12"home inspection services" to include the visual
13examination of additional components; amending s.
14468.8312, F.S.; providing for fee increases for home
15inspection licenses; amending s. 468.8319, F.S.; revising
16certain prohibitions with respect to providers of home
17inspection services; amending s. 468.832, F.S.;
18authorizing the Department of Business and Professional
19Regulation to impose penalties against a licensee found
20guilty of certain violations; amending s. 468.8324, F.S.;
21providing additional requirements for licensure as a home
22inspector; amending s. 553.37, F.S.; authorizing
23manufacturers to pay inspection fees directly to the
24provider of inspection services; providing requirements
25for department rules regarding the schedule of fees;
26authorizing the department to enter into contracts for the
27performance of certain administrative duties; revising
28inspection requirements for certain custom manufactured
29buildings; amending s. 553.375, F.S.; revising the
30requirement for recertification of manufactured buildings
31prior to relocation; amending s. 553.509, F.S.; deleting
32certain requirements for alternate power sources for
33elevators for purposes of operating during an emergency;
34amending s. 553.73, F.S.; authorizing the Florida Building
35Commission to approve amendments relating to equivalency
36of standards; authorizing the commission to approve
37amendments necessary to accommodate state agency rules to
38meet federal requirements for design criteria relating to
39public educational facilities and state-licensed
40facilities; exempting certain mausoleums from the
41requirements of the Florida Building Code; exempting
42certain temporary housing provided by the Department of
43Corrections from the requirements of the Florida Building
44Code; restricting the code or a code enforcement agency
45from imposing requirements on certain air conditioning
46systems; requiring that the Florida Building Code contain
47certain requirements regarding illumination in classroom
48units; requiring that classroom units be designed to
49provide and maintain an average of 40 foot-candles of
50light at each desktop; requiring that public educational
51facilities consider using light-emitting diode lighting
52before considering other lighting sources; amending s.
53553.76, F.S.; authorizing the Florida Building Commission
54to adopt rules related to consensus-building
55decisionmaking; amending s. 553.775, F.S.; authorizing the
56commission to charge a fee for nonbinding interpretations;
57amending s. 553.79, F.S.; requiring that state agencies
58enter into contracts for inspection services under the
59alternative plans review and inspection process or with a
60local governmental entity; reenacting s. 553.80(1), F.S.,
61relating to the enforcement of the Florida Building Code,
62to incorporate the amendments made to s. 553.79, F.S., in
63a reference thereto; amending s. 553.841, F.S.; deleting
64provisions requiring that the Department of Community
65Affairs maintain, update, develop, or cause to be
66developed a core curriculum for persons who enforce the
67Florida Building Code; amending s. 553.842, F.S.;
68authorizing rules requiring the payment of product
69evaluation fees directly to the administrator of the
70product evaluation and approval system; requiring that the
71provider remit a portion of the fees to the department to
72cover its costs; providing requirements for the approval
73of applications for state approval of a product; providing
74for certain approved products to be immediately added to
75the list of state-approved products; requiring that the
76commission's oversight committee review approved products;
77revising the list of approved evaluation entities;
78deleting obsolete provisions governing evaluation
79entities; amending s. 553.844, F.S.; providing an
80exemption from the requirements regarding roof and opening
81protections for certain exposed mechanical equipment or
82appliances; providing for future expiration; amending s.
83553.885, F.S.; revising requirements for carbon monoxide
84alarms; providing an exception for buildings undergoing
85alterations or repairs; defining the term "addition" as it
86relates to the requirement of a carbon monoxide alarm;
87amending s. 553.9061, F.S.; revising the energy efficiency
88performance options and elements identified by the
89commission for purposes of meeting certain goals; amending
90s. 553.909, F.S.; revising requirements for pool pump
91motors to conform to federal law; amending s. 627.711,
92F.S.; conforming provisions to changes made by the act in
93which core curriculum courses relating to the Florida
94Building Code are deleted; amending s. 633.0215, F.S.;
95providing guidelines for the State Fire Marshal to apply
96when issuing an expedited declaratory statement; requiring
97that the State Fire Marshal issue an expedited declaratory
98statement under certain circumstances; providing
99requirements for a petition requesting an expedited
100declaratory statement; amending s. 633.026, F.S.;
101providing legislative intent; providing for the
102establishment of the Fire Code Interpretation Committee;
103providing for the membership of the committee and
104requirements for membership; requiring that nonbinding
105interpretations of the Florida Fire Prevention Code be
106issued within a specified period after a request is
107received; providing for the waiver of such requirement
108under certain conditions; requiring that the Division of
109State Fire Marshal charge a fee for nonbinding
110interpretations; providing that fees may be paid directly
111to a contract provider; providing requirements for
112requesting a nonbinding interpretation; requiring that the
113Division of State Fire Marshal develop a form for
114submitting a petition for a nonbinding interpretation;
115providing for a formal interpretation by the State Fire
116Marshal; requiring that an interpretation of the Florida
117Fire Prevention Code be published on the division's
118website and in the Florida Administrative Weekly; amending
119s. 633.081, F.S.; requiring that the State Fire Marshal
120inspect a building when the State Fire Marshal, rather
121than the Department of Financial Services, has cause to
122believe a violation has occurred; requiring that the
123Division of State Fire Marshal and the Florida Building
124Code Administrators and Inspectors Board enter into a
125reciprocity agreement for purposes of recertifying
126building code inspectors, plan inspectors, building code
127administrators, and firesafety inspectors; requiring that
128the State Fire Marshal develop by rule an advanced
129training and certification program for firesafety
130inspectors who have fire code management responsibilities;
131requiring that the program be consistent with certain
132standards and establish minimum training, education, and
133experience levels for such firesafety inspectors; amending
134s. 633.352, F.S.; providing an exception to requirements
135for recertification as a firefighter; amending s. 633.521,
136F.S.; revising requirements for certification as a fire
137protection system contractor; revising the prerequisites
138for taking the certification examination; authorizing the
139State Fire Marshal to accept more than one source of
140professional certification; revising legislative intent;
141amending s. 633.524, F.S.; authorizing the State Fire
142Marshal to enter into contracts for examination services;
143providing for the direct payment of examination fees to
144contract providers; amending s. 633.537, F.S.; revising
145the continuing education requirements for certain
146permitholders; amending 633.72, F.S.; revising the terms
147of service for members of the Fire Code Advisory Council;
148repealing s. 718.113(6), F.S., relating to requirements
149for 5-year inspections of certain condominium
150improvements; directing the Florida Building Commission to
151conform provisions of the Florida Building Code with
152revisions made by the act relating to the operation of
153elevators; providing effective dates.
154
155Be It Enacted by the Legislature of the State of Florida:
156
157     Section 1.  Subsection (6) of section 399.02, Florida
158Statutes, is amended to read:
159     399.02  General requirements.-
160     (6)  The department is empowered to carry out all of the
161provisions of this chapter relating to the inspection and
162regulation of elevators and to enforce the provisions of the
163Florida Building Code, except that updates to the code requiring
164modifications for heat sensors and electronic controls on
165existing elevators, as amended into the Safety Code for Existing
166Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
167enforced on elevators issued a certificate of operation by the
168department before July 1, 2009, until the elevator is replaced.
169This exception does not apply to any building for which a
170building permit was issued on or after July 1, 2009.
171     Section 2.  Present subsection (7) of section 399.15,
172Florida Statutes, is redesignated as subsection (8), and a new
173subsection (7) is added to that section, to read:
174     399.15  Regional emergency elevator access.-
175     (7)  As an alternative to complying with the requirements
176of subsection (1), each building in this state which is required
177to meet the provisions of subsections (1) and (2) may instead
178provide for the installation of a uniform lock box that contains
179the keys to all elevators in the building allowing public
180access, including service and freight elevators. The uniform
181lock box must be keyed to allow all uniform lock boxes in each
182of the seven state emergency response regions to operate in fire
183emergency situations using one master key. The master key for
184the uniform lock shall be issued only to the fire department.
185The Division of State Fire Marshal of the Department of
186Financial Services shall enforce this subsection. The Department
187of Financial Services shall select the provider of the uniform
188lock box to be installed in each building in which the
189requirements of this subsection are implemented.
190     Section 3.  Effective July 1, 2011, subsection (4) of
191section 468.8311, Florida Statutes, is amended to read:
192     468.8311  Definitions.-As used in this part, the term:
193     (4)  "Home inspection services" means a limited visual
194examination of one or more of the following readily accessible
195installed systems and components of a home: the structure,
196electrical system, HVAC system, roof covering, plumbing system,
197interior components, windows, doors, walls, floors, ceilings,
198exterior components, and site conditions that affect the
199structure, for the purposes of providing a written professional
200opinion of the condition of the home.
201     Section 4.  Effective July 1, 2011, section 468.8312,
202Florida Statutes, is amended to read:
203     468.8312  Fees.-
204     (1)  The department, by rule, may establish fees to be paid
205for applications, examination, reexamination, licensing and
206renewal, inactive status application and reactivation of
207inactive licenses, recordkeeping, and applications for providers
208of continuing education. The department may also establish by
209rule a delinquency fee. Fees shall be based on department
210estimates of the revenue required to implement the provisions of
211this part. All fees shall be remitted with the appropriate
212application, examination, or license.
213     (2)  The initial application and examination fee shall not
214exceed $250 $125 plus the actual per applicant cost to the
215department to purchase an examination, if the department chooses
216to purchase the examination. The examination fee shall be in an
217amount that covers the cost of obtaining and administering the
218examination and shall be refunded if the applicant is found
219ineligible to sit for the examination. The application fee shall
220be nonrefundable.
221     (3)  The initial license fee shall not exceed $400 $200.
222     (4)  The fee for a certificate of authorization shall not
223exceed $250 $125.
224     (5)  The biennial renewal fee shall not exceed $400 $200.
225     (6)  The fee for licensure by endorsement shall not exceed
226$400 $200.
227     (7)  The fee for application for inactive status or for
228reactivation of an inactive license shall not exceed $400 $200.
229     (8)  The fee for applications from providers of continuing
230education may not exceed $500.
231     Section 5.  Effective July 1, 2011, section 468.8319,
232Florida Statutes, is amended to read:
233     468.8319  Prohibitions; penalties.-
234     (1)  A person A home inspector, a company that employs a
235home inspector, or a company that is controlled by a company
236that also has a financial interest in a company employing a home
237inspector may not:
238     (a)  Practice or offer to practice home inspection services
239unless the person has complied with the provisions of this part;
240     (b)  Use the name or title "certified home inspector,"
241"registered home inspector," "licensed home inspector," "home
242inspector," "professional home inspector," or any combination
243thereof unless the person has complied with the provisions of
244this part;
245     (c)  Present as his or her own the license of another;
246     (d)  Knowingly give false or forged evidence to the
247department or an employee thereof;
248     (e)  Use or attempt to use a license that has been
249suspended or revoked;
250     (f)  Perform or offer to perform, prior to closing, for any
251additional fee, any repairs to a home on which the inspector or
252the inspector's company has prepared a home inspection report.
253This paragraph does not apply to a home warranty company that is
254affiliated with or retains a home inspector to perform repairs
255pursuant to a claim made under a home warranty contract;
256     (g)  Inspect for a fee any property in which the inspector
257or the inspector's company has any financial or transfer
258interest;
259     (h)  Offer or deliver any compensation, inducement, or
260reward to any broker or agent therefor for the referral of the
261owner of the inspected property to the inspector or the
262inspection company; or
263     (i)  Accept an engagement to make an omission or prepare a
264report in which the inspection itself, or the fee payable for
265the inspection, is contingent upon either the conclusions in the
266report, preestablished findings, or the close of escrow.
267     (2)  Any person who is found to be in violation of any
268provision of this section commits a misdemeanor of the first
269degree, punishable as provided in s. 775.082 or s. 775.083.
270     Section 6.  Effective July 1, 2011, section 468.832,
271Florida Statutes, is amended to read:
272     468.832  Disciplinary proceedings.-
273     (1)  The following acts constitute grounds for which the
274disciplinary actions in subsection (2) may be taken:
275     (a)  Violation of any provision of this part or s.
276455.227(1);
277     (b)  Attempting to procure a license to practice home
278inspection services by bribery or fraudulent misrepresentation;
279     (c)  Having a license to practice home inspection services
280revoked, suspended, or otherwise acted against, including the
281denial of licensure, by the licensing authority of another
282state, territory, or country;
283     (d)  Being convicted or found guilty of, or entering a plea
284of nolo contendere to, regardless of adjudication, a crime in
285any jurisdiction that directly relates to the practice of home
286inspection services or the ability to practice home inspection
287services;
288     (e)  Making or filing a report or record that the licensee
289knows to be false, willfully failing to file a report or record
290required by state or federal law, willfully impeding or
291obstructing such filing, or inducing another person to impede or
292obstruct such filing. Such reports or records shall include only
293those that are signed in the capacity of a licensed home
294inspector;
295     (f)  Advertising goods or services in a manner that is
296fraudulent, false, deceptive, or misleading in form or content;
297     (g)  Engaging in fraud or deceit, or negligence,
298incompetency, or misconduct, in the practice of home inspection
299services;
300     (h)  Failing to perform any statutory or legal obligation
301placed upon a licensed home inspector; violating any provision
302of this chapter, a rule of the department, or a lawful order of
303the department previously entered in a disciplinary hearing; or
304failing to comply with a lawfully issued subpoena of the
305department; or
306     (i)  Practicing on a revoked, suspended, inactive, or
307delinquent license.
308     (2)  When the department finds any licensee home inspector
309guilty of any of the grounds set forth in
310enter an order imposing one or more of
311     (a)  Denial of an application for licensure.
312     (b)  Revocation or suspension of a license.
313     (c)  Imposition of an administrative fine not to exceed
314$5,000 for each count or separate offense.
315     (d)  Issuance of a reprimand.
316     (e)  Placement of the home inspector on probation for a
317period of time and subject to such conditions as the department
318may specify.
319     (f)  Restriction of the authorized scope of practice by the
320home inspector.
321     (3)  In addition to any other sanction imposed under this
322part, in any final order that imposes sanctions, the department
323may assess costs related to the investigation and prosecution of
324the case.
325     Section 7.  Section 468.8324, Florida Statutes, is amended
326to read:
327     468.8324  Grandfather clause.-A person who performs home
328inspection services as defined in this part before July 1, 2011,
329may qualify to be licensed by the department as a home inspector
330if the person meets the licensure requirements of this part, and
331if the person has: by July 1, 2010.
332     (1)  Received compensation as a home inspector for not less
333than 1 year prior to July 1, 2011; or
334     (2)  Performed no fewer than 50 home inspections and
335received compensation for such inspections prior to July 1,
3362011.
337     Section 8.  Subsections (2), (8), and (9) of section
338553.37, Florida Statutes, are amended, and subsection (12) is
339added to that section, to read:
340     553.37  Rules; inspections; and insignia.-
341     (2)  The department shall adopt rules to address:
342     (a)  Procedures and qualifications for approval of third-
343party plan review and inspection agencies and of those who
344perform inspections and plan reviews.
345     (b)  Investigation of consumer complaints of noncompliance
346of manufactured buildings with the Florida Building Code and the
347Florida Fire Prevention Code.
348     (c)  Issuance, cancellation, and revocation of any insignia
349issued by the department and procedures for auditing and
350accounting for disposition of them.
351     (d)  Monitoring the manufacturers', inspection agencies',
352and plan review agencies' compliance with this part and the
353Florida Building Code. Monitoring may include, but is not
354limited to, performing audits of plans, inspections of
355manufacturing facilities and observation of the manufacturing
356and inspection process, and onsite inspections of buildings.
357     (e)  The performance by the department and its designees
358and contractors of any other functions required by this part.
359All fees paid by product manufacturers shall be used for the
360sole purpose of funding the state product approval system.
361     (8)  The department, by rule, shall establish a schedule of
362fees to pay the cost of the administration and enforcement of
363this part. The rule may provide for manufacturers to pay fees,
364including charges incurred for plan review and inspection
365services, to the administrator directly via the Building Code
366Information System and for the administrator to disburse the
367funds as necessary.
368     (9)  The department may delegate its enforcement authority
369to a state department having building construction
370responsibilities or a local government, and may enter into
371contracts for the performance of its administrative duties under
372this part. The department may delegate its plan review and
373inspection authority to one or more of the following in any
374combination:
375     (a)  A state department having building construction
376responsibilities;
377     (b)  A local government;
378     (c)  An approved inspection agency;
379     (d)  An approved plan review agency; or
380     (e)  An agency of another state.
381     (12)  Custom or one-of-a-kind prototype manufactured
382buildings are not required to have state approval, but must be
383in compliance with all local requirements of the governmental
384agency having jurisdiction at the installation site.
385     Section 9.  Section 553.375, Florida Statutes, is amended
386to read:
387     553.375  Recertification of manufactured buildings.-Prior
388to the relocation to a site that has a higher design wind speed,
389modification, or change of occupancy of a manufactured building
390within the state, the manufacturer, dealer, or owner thereof may
391apply to the department for recertification of that manufactured
392building. The department shall, by rule, provide what
393information the applicant must submit for recertification and
394for plan review and inspection of such manufactured buildings
395and shall establish fees for recertification. Upon a
396determination by the department that the manufactured building
397complies with the applicable building codes, the department
398shall issue a recertification insignia. A manufactured building
399that bears recertification insignia does not require any
400additional approval by an enforcement jurisdiction in which the
401building is sold or installed, and is considered to comply with
402all applicable codes. As an alternative to recertification by
403the department, the manufacturer, dealer, or owner of a
404manufactured building may seek appropriate permitting and a
405certificate of occupancy from the local jurisdiction in
406accordance with procedures generally applicable under the
407Florida Building Code.
408     Section 10.  Section 553.509, Florida Statutes, is amended
409to read:
410     553.509  Vertical accessibility.-
411     (1)  Nothing in ss. 553.501-553.513 or the guidelines shall
412be construed to relieve the owner of any building, structure, or
413facility governed by those sections from the duty to provide
414vertical accessibility to all levels above and below the
415occupiable grade level, regardless of whether the guidelines
416require an elevator to be installed in such building, structure,
417or facility, except for:
418     (a)  Elevator pits, elevator penthouses, mechanical rooms,
419piping or equipment catwalks, and automobile lubrication and
420maintenance pits and platforms;
421     (b)  Unoccupiable spaces, such as rooms, enclosed spaces,
422and storage spaces that are not designed for human occupancy,
423for public accommodations, or for work areas; and
424     (c)  Occupiable spaces and rooms that are not open to the
425public and that house no more than five persons, including, but
426not limited to, equipment control rooms and projection booths.
427     (2)  Notwithstanding subsection (1) (a)  Any person, firm,
428or corporation that owns, manages, or operates a residential
429multifamily dwelling, including a condominium, that is at least
43075 feet high and contains a public elevator, as described in s.
431399.035(2) and (3) and rules adopted by the Florida Building
432Commission, shall have at least one public elevator that is
433capable of operating on an alternate power source for emergency
434purposes. Alternate power shall be available for the purpose of
435allowing all residents access for a specified number of hours
436each day over a 5-day period following a natural disaster,
437manmade disaster, emergency, or other civil disturbance that
438disrupts the normal supply of electricity. The alternate power
439source that controls elevator operations must also be capable of
440powering any connected fire alarm system in the building.
441     (b)  At a minimum, the elevator must be appropriately
442prewired and prepared to accept an alternate power source and
443must have a connection on the line side of the main disconnect,
444pursuant to National Electric Code Handbook, Article 700. In
445addition to the required power source for the elevator and
446connected fire alarm system in the building, the alternate power
447supply must be sufficient to provide emergency lighting to the
448interior lobbies, hallways, and other portions of the building
449used by the public. Residential multifamily dwellings must have
450an available generator and fuel source on the property or have
451proof of a current contract posted in the elevator machine room
452or other place conspicuous to the elevator inspector affirming a
453current guaranteed service contract for such equipment and fuel
454source to operate the elevator on an on-call basis within 24
455hours after a request. By December 31, 2006, any person, firm or
456corporation that owns, manages, or operates a residential
457multifamily dwelling as defined in paragraph (a) must provide to
458the local building inspection agency verification of engineering
459plans for residential multifamily dwellings that provide for the
460capability to generate power by alternate means. Compliance with
461installation requirements and operational capability
462requirements must be verified by local building inspectors and
463reported to the county emergency management agency by December
46431, 2007.
465     (c)  Each newly constructed residential multifamily
466dwelling, including a condominium, that is at least 75 feet high
467and contains a public elevator, as described in s. 399.035(2)
468and (3) and rules adopted by the Florida Building Commission,
469must have at least one public elevator that is capable of
470operating on an alternate power source for the purpose of
471allowing all residents access for a specified number of hours
472each day over a 5-day period following a natural disaster,
473manmade disaster, emergency, or other civil disturbance that
474disrupts the normal supply of electricity. The alternate power
475source that controls elevator operations must be capable of
476powering any connected fire alarm system in the building. In
477addition to the required power source for the elevator and
478connected fire alarm system, the alternate power supply must be
479sufficient to provide emergency lighting to the interior
480lobbies, hallways, and other portions of the building used by
481the public. Engineering plans and verification of operational
482capability must be provided by the local building inspector to
483the county emergency management agency before occupancy of the
484newly constructed building.
485     (d)  Each person, firm, or corporation that is required to
486maintain an alternate power source under this subsection shall
487maintain a written emergency operations plan that details the
488sequence of operations before, during, and after a natural or
489manmade disaster or other emergency situation. The plan must
490include, at a minimum, a lifesafety plan for evacuation,
491maintenance of the electrical and lighting supply, and
492provisions for the health, safety, and welfare of the residents.
493In addition, the owner, manager, or operator of the residential
494multifamily dwelling must keep written records of any contracts
495for alternative power generation equipment. Also, quarterly
496inspection records of lifesafety equipment and alternate power
497generation equipment must be posted in the elevator machine room
498or other place conspicuous to the elevator inspector, which
499confirm that such equipment is properly maintained and in good
500working condition, and copies of contracts for alternate power
501generation equipment shall be maintained on site for
502verification. The written emergency operations plan and
503inspection records shall also be open for periodic inspection by
504local and state government agencies as deemed necessary. The
505owner or operator must keep a generator key in a lockbox posted
506at or near any installed generator unit.
507     (e)  Multistory affordable residential dwellings for
508persons age 62 and older that are financed or insured by the
509United States Department of Housing and Urban Development must
510make every effort to obtain grant funding from the Federal
511Government or the Florida Housing Finance Corporation to comply
512with this subsection. If an owner of such a residential dwelling
513cannot comply with the requirements of this subsection, the
514owner must develop a plan with the local emergency management
515agency to ensure that residents are evacuated to a place of
516safety in the event of a power outage resulting from a natural
517or manmade disaster or other emergency situation that disrupts
518the normal supply of electricity for an extended period of time.
519A place of safety may include, but is not limited to, relocation
520to an alternative site within the building or evacuation to a
521local shelter.
522     (f)  As a part of the annual elevator inspection required
523under s. 399.061, certified elevator inspectors shall confirm
524that all installed generators required by this chapter are in
525working order, have current inspection records posted in the
526elevator machine room or other place conspicuous to the elevator
527inspector, and that the required generator key is present in the
528lockbox posted at or near the installed generator. If a building
529does not have an installed generator, the inspector shall
530confirm that the appropriate prewiring and switching
531capabilities are present and that a statement is posted in the
532elevator machine room or other place conspicuous to the elevator
533inspector affirming a current guaranteed contract exists for
534contingent services for alternate power is current for the
535operating period.
536
537However, buildings, structures, and facilities must, at as a
538minimum, comply with the requirements in the Americans with
539Disabilities Act Accessibility Guidelines.
540     Section 11.  Subsections (7) and (9) of section 553.73,
541Florida Statutes, are amended, and subsections (14) and (15) are
542added to that section, to read:
543     553.73  Florida Building Code.-
544     (7)  Notwithstanding the provisions of subsection (3) or
545subsection (6), the commission may address issues identified in
546this subsection by amending the code pursuant only to the rule
547adoption procedures contained in chapter 120. Provisions of the
548Florida Building Code, including those contained in referenced
549standards and criteria, relating to wind resistance or the
550prevention of water intrusion may not be amended pursuant to
551this subsection to diminish those construction requirements;
552however, the commission may, subject to conditions in this
553subsection, amend the provisions to enhance those construction
554requirements. Following the approval of any amendments to the
555Florida Building Code by the commission and publication of the
556amendments on the commission's website, authorities having
557jurisdiction to enforce the Florida Building Code may enforce
558the amendments. The commission may approve amendments that are
559needed to address:
560     (a)  Conflicts within the updated code;
561     (b)  Conflicts between the updated code and the Florida
562Fire Prevention Code adopted pursuant to chapter 633;
563     (c)  The omission of previously adopted Florida-specific
564amendments to the updated code if such omission is not supported
565by a specific recommendation of a technical advisory committee
566or particular action by the commission;
567     (d)  Unintended results from the integration of previously
568adopted Florida-specific amendments with the model code;
569     (e)  Equivalency of standards;
570     (f)  The specific needs of state agencies when agency rules
571must be updated to reflect federal requirements relating to
572design criteria for public educational facilities and state-
573licensed facilities;
574     (g)(e)  Changes to or inconsistencies with federal or state
575law; or
576     (h)(f)  Adoption of an updated edition of the National
577Electrical Code if the commission finds that delay of
578implementing the updated edition causes undue hardship to
579stakeholders or otherwise threatens the public health, safety,
580and welfare.
581     (9)  The following buildings, structures, and facilities
582are exempt from the Florida Building Code as provided by law,
583and any further exemptions shall be as determined by the
584Legislature and provided by law:
585     (a)  Buildings and structures specifically regulated and
586preempted by the Federal Government.
587     (b)  Railroads and ancillary facilities associated with the
588railroad.
589     (c)  Nonresidential farm buildings on farms.
590     (d)  Temporary buildings or sheds used exclusively for
591construction purposes.
592     (e)  Mobile or modular structures used as temporary
593offices, except that the provisions of part II relating to
594accessibility by persons with disabilities shall apply to such
595mobile or modular structures.
596     (f)  Those structures or facilities of electric utilities,
597as defined in s. 366.02, which are directly involved in the
598generation, transmission, or distribution of electricity.
599     (g)  Temporary sets, assemblies, or structures used in
600commercial motion picture or television production, or any
601sound-recording equipment used in such production, on or off the
602premises.
603     (h)  Storage sheds that are not designed for human
604habitation and that have a floor area of 720 square feet or less
605are not required to comply with the mandatory wind-borne-debris-
606impact standards of the Florida Building Code.
607     (i)  Chickees constructed by the Miccosukee Tribe of
608Indians of Florida or the Seminole Tribe of Florida. As used in
609this paragraph, the term "chickee" means an open-sided wooden
610hut that has a thatched roof of palm or palmetto or other
611traditional materials, and that does not incorporate any
612electrical, plumbing, or other nonwood features.
613     (j)  Family mausoleums not exceeding 250 square feet in
614area which are prefabricated and assembled on site or
615preassembled and delivered on site and have walls, roofs, and a
616floor constructed of granite, marble, or reinforced concrete.
617
618With the exception of paragraphs (a), (b), (c), and (f), in
619order to preserve the health, safety, and welfare of the public,
620the Florida Building Commission may, by rule adopted pursuant to
621chapter 120, provide for exceptions to the broad categories of
622buildings exempted in this section, including exceptions for
623application of specific sections of the code or standards
624adopted therein. The Department of Agriculture and Consumer
625Services shall have exclusive authority to adopt by rule,
626pursuant to chapter 120, exceptions to nonresidential farm
627buildings exempted in paragraph (c) when reasonably necessary to
628preserve public health, safety, and welfare. The exceptions must
629be based upon specific criteria, such as under-roof floor area,
630aggregate electrical service capacity, HVAC system capacity, or
631other building requirements. Further, the commission may
632recommend to the Legislature additional categories of buildings,
633structures, or facilities which should be exempted from the
634Florida Building Code, to be provided by law. The Florida
635Building Code does not apply to temporary housing provided by
636the Department of Corrections to any prisoner in the state
637correctional system.
638     (14)  The Florida Building Code may not require that an
639existing air conditioning system that was installed on the
640surface of a roof before July 1, 2010, be raised 18 inches from
641the surface on which it is installed until such time as the
642system is replaced. An agency or local government having
643authority to enforce the Florida Building Code or a local
644building code may not require otherwise.
645     (15)  The Florida Building Code must require that the
646illumination in classroom units be designed to provide and
647maintain an average of 40 foot-candles of light at each desktop.
648Public educational facilities must consider using light-emitting
649diode lighting before considering other lighting sources.
650     Section 12.  Subsection (2) of section 553.76, Florida
651Statutes, is amended to read:
652     553.76  General powers of the commission.-The commission is
653authorized to:
654     (2)  Issue memoranda of procedure for its internal
655management and control. The commission may adopt rules related
656to its consensus-based decisionmaking process, including, but
657not limited to, super majority voting requirements for
658commission actions relating to the adoption of the Florida
659Building Code or amendments to the code.
660     Section 13.  Subsection (4) of section 553.775, Florida
661Statutes, is amended to read:
662     553.775  Interpretations.-
663     (4)  In order to administer this section, the commission
664may adopt by rule and impose a fee for binding and nonbinding
665interpretations to recoup the cost of the proceedings which may
666not exceed $250 for each request for a review or interpretation.
667For proceedings conducted by or in coordination with a third-
668party, the rule may provide that payment be made directly to the
669third party, who shall remit to the department that portion of
670the fee necessary to cover the costs of the department.
671     Section 14.  Subsection (9) of section 553.79, Florida
672Statutes, is amended to read:
673     553.79  Permits; applications; issuance; inspections.-
674     (9)  Any state agency whose enabling legislation authorizes
675it to enforce provisions of the Florida Building Code may enter
676into an agreement with any other unit of government to delegate
677its responsibility to enforce those provisions and may expend
678public funds for permit and inspection fees, which fees may be
679no greater than the fees charged others. Inspection services
680that are not required to be performed by a state agency under a
681federal delegation of responsibility or by a state agency under
682the Florida Building Code must be performed under the
683alternative plans review and inspection process created in s.
684553.791 or by a local governmental entity having authority to
685enforce the Florida Building Code.
686     Section 15.  For the purpose of incorporating the amendment
687made by this act to section 553.79, Florida Statutes, in a
688reference thereto, subsection (1) of section 553.80, Florida
689Statutes, is reenacted to read:
690     553.80  Enforcement.-
691     (1)  Except as provided in paragraphs (a)-(g), each local
692government and each legally constituted enforcement district
693with statutory authority shall regulate building construction
694and, where authorized in the state agency's enabling
695legislation, each state agency shall enforce the Florida
696Building Code required by this part on all public or private
697buildings, structures, and facilities, unless such
698responsibility has been delegated to another unit of government
699pursuant to s. 553.79(9).
700     (a)  Construction regulations relating to correctional
701facilities under the jurisdiction of the Department of
702Corrections and the Department of Juvenile Justice are to be
703enforced exclusively by those departments.
704     (b)  Construction regulations relating to elevator
705equipment under the jurisdiction of the Bureau of Elevators of
706the Department of Business and Professional Regulation shall be
707enforced exclusively by that department.
708     (c)  In addition to the requirements of s. 553.79 and this
709section, facilities subject to the provisions of chapter 395 and
710part II of chapter 400 shall have facility plans reviewed and
711construction surveyed by the state agency authorized to do so
712under the requirements of chapter 395 and part II of chapter 400
713and the certification requirements of the Federal Government.
714     (d)  Building plans approved under s. 553.77(3) and state-
715approved manufactured buildings, including buildings
716manufactured and assembled offsite and not intended for
717habitation, such as lawn storage buildings and storage sheds,
718are exempt from local code enforcing agency plan reviews except
719for provisions of the code relating to erection, assembly, or
720construction at the site. Erection, assembly, and construction
721at the site are subject to local permitting and inspections.
722Lawn storage buildings and storage sheds bearing the insignia of
723approval of the department are not subject to s. 553.842. Such
724buildings that do not exceed 400 square feet may be delivered
725and installed without need of a contractor's or specialty
726license.
727     (e)  Construction regulations governing public schools,
728state universities, and community colleges shall be enforced as
729provided in subsection (6).
730     (f)  The Florida Building Code as it pertains to toll
731collection facilities under the jurisdiction of the turnpike
732enterprise of the Department of Transportation shall be enforced
733exclusively by the turnpike enterprise.
734     (g)  Construction regulations relating to secure mental
735health treatment facilities under the jurisdiction of the
736Department of Children and Family Services shall be enforced
737exclusively by the department in conjunction with the Agency for
738Health Care Administration's review authority under paragraph
739(c).
740
741The governing bodies of local governments may provide a schedule
742of fees, as authorized by s. 125.56(2) or s. 166.222 and this
743section, for the enforcement of the provisions of this part.
744Such fees shall be used solely for carrying out the local
745government's responsibilities in enforcing the Florida Building
746Code. The authority of state enforcing agencies to set fees for
747enforcement shall be derived from authority existing on July 1,
7481998. However, nothing contained in this subsection shall
749operate to limit such agencies from adjusting their fee schedule
750in conformance with existing authority.
751     Section 16.  Section 553.841, Florida Statutes, is amended
752to read:
753     553.841  Building code compliance and mitigation program.-
754     (1)  The Legislature finds that knowledge and understanding
755by persons licensed in the design and construction industries of
756the importance and need for complying with the Florida Building
757Code is vital to the public health, safety, and welfare of this
758state, especially for mitigating damage caused by hurricanes to
759residents and visitors to the state. The Legislature further
760finds that the Florida Building Code can be effective only if
761all participants in the design and construction industries
762maintain a thorough knowledge of the code and additions thereto
763which improve construction standards to protect against storm
764and other damage. Consequently, the Legislature finds that there
765is a need for a program to provide ongoing education and
766outreach activities concerning compliance with the Florida
767Building Code and hurricane mitigation.
768     (2)  The Department of Community Affairs shall administer a
769program, designated as the Florida Building Code Compliance and
770Mitigation Program, to develop, coordinate, and maintain
771education and outreach to persons required to comply with the
772Florida Building Code and ensure consistent education, training,
773and communication of the code's requirements, including, but not
774limited to, methods for mitigation of storm-related damage. The
775program shall also operate a clearinghouse through which design,
776construction, and building code enforcement licensees,
777suppliers, and consumers in this state may find others in order
778to exchange information relating to mitigation and facilitate
779repairs in the aftermath of a natural disaster.
780     (3)  All services and materials under the Florida Building
781Code Compliance and Mitigation Program must be provided by a
782private, nonprofit corporation under contract with the
783department. The term of the contract shall be for 4 years, with
784the option of one 4-year renewal at the end of the contract
785term. The initial contract must be in effect no later than
786November 1, 2007. The private, nonprofit corporation must be an
787organization whose membership includes trade and professional
788organizations whose members consist primarily of persons and
789entities that are required to comply with the Florida Building
790Code and that are licensed under part XII of chapter 468,
791chapter 471, chapter 481, or chapter 489. When selecting the
792private, nonprofit corporation for the program, the department
793must give primary consideration to the corporation's
794demonstrated experience and the ability to:
795     (a)  Develop and deliver building code-related education,
796training, and outreach;
797     (b)  Directly access the majority of persons licensed in
798the occupations of design, construction, and building code
799enforcement individually and through established statewide trade
800and professional association networks;
801     (c)  Serve as a clearinghouse to deliver education and
802outreach throughout the state. The clearinghouse must serve as a
803focal point at which persons licensed to design, construct, and
804enforce building codes and suppliers and consumers can find each
805other in order to exchange information relating to mitigation
806and facilitate repairs in the aftermath of a natural disaster;
807     (d)  Accept input from the Florida Building Commission,
808licensing regulatory boards, local building departments, and the
809design and construction industries in order to improve its
810education and outreach programs; and
811     (e)  Promote design and construction techniques and
812materials for mitigating hurricane damage at a Florida-based
813trade conference that includes participants from the broadest
814possible range of design and construction trades and
815professions, including from those private and public sector
816entities having jurisdiction over building codes and design and
817construction licensure.
818     (4)  The department, In administering the Florida Building
819Code Compliance and Mitigation Program, the department shall
820maintain, update, develop, or cause to be developed:
821     (a)  A core curriculum that is prerequisite to the advanced
822module coursework.
823     (b)  advanced modules designed for use by each profession.
824     (c)  The core curriculum developed under this subsection
825must be submitted to the Department of Business and Professional
826Regulation for approval. Advanced modules developed under this
827paragraph must be approved by the commission and submitted to
828the respective boards for approval.
829     (5)  The core curriculum shall cover the information
830required to have all categories of participants appropriately
831informed as to their technical and administrative
832responsibilities in the effective execution of the code process
833by all individuals currently licensed under part XII of chapter
834468, chapter 471, chapter 481, or chapter 489, except as
835otherwise provided in s. 471.017. The core curriculum shall be
836prerequisite to the advanced module coursework for all licensees
837and shall be completed by individuals licensed in all categories
838under part XII of chapter 468, chapter 471, chapter 481, or
839chapter 489 within the first 2-year period after initial
840licensure. Core course hours taken by licensees to complete this
841requirement shall count toward fulfillment of required
842continuing education units under part XII of chapter 468,
843chapter 471, chapter 481, or chapter 489.
844     (5)(6)  Each biennium, upon receipt of funds by the
845Department of Community Affairs from the Construction Industry
846Licensing Board and the Electrical Contractors' Licensing Board
847provided under ss. 489.109(3) and 489.509(3), the department
848shall determine the amount of funds available for the Florida
849Building Code Compliance and Mitigation Program.
850     (6)(7)  If the projects provided through the Florida
851Building Code Compliance and Mitigation Program in any state
852fiscal year do not require the use of all available funds, the
853unused funds shall be carried forward and allocated for use
854during the following fiscal year.
855     (7)(8)  The Florida Building Commission shall provide by
856rule for the accreditation of courses related to the Florida
857Building Code by accreditors approved by the commission. The
858commission shall establish qualifications of accreditors and
859criteria for the accreditation of courses by rule. The
860commission may revoke the accreditation of a course by an
861accreditor if the accreditation is demonstrated to violate this
862part or the rules of the commission.
863     (8)(9)  This section does not prohibit or limit the subject
864areas or development of continuing education or training on the
865Florida Building Code by any qualified entity.
866     Section 17.  Subsections (1), (5), (8), and (17) of section
867553.842, Florida Statutes, are amended to read:
868     553.842  Product evaluation and approval.-
869     (1)  The commission shall adopt rules under ss. 120.536(1)
870and 120.54 to develop and implement a product evaluation and
871approval system that applies statewide to operate in
872coordination with the Florida Building Code. The commission may
873enter into contracts to provide for administration of the
874product evaluation and approval system. The commission's rules
875and any applicable contract may provide that payment of fees
876related to approvals be made directly to the administrator, who
877shall remit to the department that portion of the fee necessary
878to cover the department's costs. The product evaluation and
879approval system shall provide:
880     (a)  Appropriate promotion of innovation and new
881technologies.
882     (b)  Processing submittals of products from manufacturers
883in a timely manner.
884     (c)  Independent, third-party qualified and accredited
885testing and laboratory facilities, product evaluation entities,
886quality assurance agencies, certification agencies, and
887validation entities.
888     (d)  An easily accessible product acceptance list to
889entities subject to the Florida Building Code.
890     (e)  Development of stringent but reasonable testing
891criteria based upon existing consensus standards, when
892available, for products.
893     (f)  Long-term approvals, where feasible. State and local
894approvals will be valid until the requirements of the code on
895which the approval is based change, the product changes in a
896manner affecting its performance as required by the code, or the
897approval is revoked.
898     (g)  Criteria for revocation of a product approval.
899     (h)  Cost-effectiveness.
900     (5)  Statewide approval of products, methods, or systems of
901construction may be achieved by one of the following methods.
902One of these methods must be used by the commission to approve
903the following categories of products: panel walls, exterior
904doors, roofing, skylights, windows, shutters, and structural
905components as established by the commission by rule.
906     (a)  Products for which the code establishes standardized
907testing or comparative or rational analysis methods shall be
908approved by submittal and validation of one of the following
909reports or listings indicating that the product or method or
910system of construction was evaluated to be in compliance with
911the Florida Building Code and that the product or method or
912system of construction is, for the purpose intended, at least
913equivalent to that required by the Florida Building Code:
914     1.  A certification mark or listing of an approved
915certification agency, which may be used only for products for
916which the code designates standardized testing;
917     2.  A test report from an approved testing laboratory;
918     3.  A product evaluation report based upon testing or
919comparative or rational analysis, or a combination thereof, from
920an approved product evaluation entity; or
921     4.  A product evaluation report based upon testing or
922comparative or rational analysis, or a combination thereof,
923developed and signed and sealed by a professional engineer or
924architect, licensed in this state.
925
926A product evaluation report or a certification mark or listing
927of an approved certification agency which demonstrates that the
928product or method or system of construction complies with the
929Florida Building Code for the purpose intended shall be
930equivalent to a test report and test procedure as referenced in
931the Florida Building Code. An application for state approval of
932a product under subparagraph 1. must be approved by the
933department after the commission staff or a designee verifies
934that the application and related documentation are complete.
935This verification must be completed within 10 days after receipt
936of the application. Upon approval by the department, the product
937shall be immediately added to the list of state-approved
938products maintained under subsection (13). Approvals by the
939department shall be reviewed and ratified by the commission's
940program oversight committee except for a showing of good cause
941that a review by the full commission is necessary.
942     (b)  Products, methods, or systems of construction for
943which there are no specific standardized testing or comparative
944or rational analysis methods established in the code may be
945approved by submittal and validation of one of the following:
946     1.  A product evaluation report based upon testing or
947comparative or rational analysis, or a combination thereof, from
948an approved product evaluation entity indicating that the
949product or method or system of construction was evaluated to be
950in compliance with the intent of the Florida Building Code and
951that the product or method or system of construction is, for the
952purpose intended, at least equivalent to that required by the
953Florida Building Code; or
954     2.  A product evaluation report based upon testing or
955comparative or rational analysis, or a combination thereof,
956developed and signed and sealed by a professional engineer or
957architect, licensed in this state, who certifies that the
958product or method or system of construction is, for the purpose
959intended, at least equivalent to that required by the Florida
960Building Code.
961     (8)  The commission may adopt rules to approve the
962following types of entities that produce information on which
963product approvals are based. All of the following entities,
964including engineers and architects, must comply with a
965nationally recognized standard demonstrating independence or no
966conflict of interest:
967     (a)  Evaluation entities that meet the criteria for
968approval adopted by the commission by rule. The commission shall
969specifically approve the National Evaluation Service, the
970International Association of Plumbing and Mechanical Officials
971Evaluation Service the International Conference of Building
972Officials Evaluation Services, the International Code Council
973Evaluation Services, the Building Officials and Code
974Administrators International Evaluation Services, the Southern
975Building Code Congress International Evaluation Services, and
976the Miami-Dade County Building Code Compliance Office Product
977Control. Architects and engineers licensed in this state are
978also approved to conduct product evaluations as provided in
979subsection (5).
980     (b)  Testing laboratories accredited by national
981organizations, such as A2LA and the National Voluntary
982Laboratory Accreditation Program, laboratories accredited by
983evaluation entities approved under paragraph (a), and
984laboratories that comply with other guidelines for testing
985laboratories selected by the commission and adopted by rule.
986     (c)  Quality assurance entities approved by evaluation
987entities approved under paragraph (a) and by certification
988agencies approved under paragraph (d) and other quality
989assurance entities that comply with guidelines selected by the
990commission and adopted by rule.
991     (d)  Certification agencies accredited by nationally
992recognized accreditors and other certification agencies that
993comply with guidelines selected by the commission and adopted by
994rule.
995     (e)  Validation entities that comply with accreditation
996standards established by the commission by rule.
997     (17)(a)  The Florida Building Commission shall review the
998list of evaluation entities in subsection (8) and, in the annual
999report required under s. 553.77, shall either recommend
1000amendments to the list to add evaluation entities the commission
1001determines should be authorized to perform product evaluations
1002or shall report on the criteria adopted by rule or to be adopted
1003by rule allowing the commission to approve evaluation entities
1004that use the commission's product evaluation process. If the
1005commission adopts criteria by rule, the rulemaking process must
1006be completed by July 1, 2009.
1007     (b)  Notwithstanding paragraph (8)(a), the International
1008Association of Plumbing and Mechanical Officials Evaluation
1009Services is approved as an evaluation entity until October 1,
10102009. If the association does not obtain permanent approval by
1011the commission as an evaluation entity by October 1, 2009,
1012products approved on the basis of an association evaluation must
1013be substituted by an alternative, approved entity by December
101431, 2009, and on January 1, 2010, any product approval issued by
1015the commission based on an association evaluation is void.
1016     Section 18.  Subsection (4) is added to section 553.844,
1017Florida Statutes, to read:
1018     553.844  Windstorm loss mitigation; requirements for roofs
1019and opening protection.-
1020     (4)  Notwithstanding the provisions of this section,
1021exposed mechanical equipment or appliances fastened to rated
1022stands, platforms, curbs, or slabs are deemed to comply with the
1023wind resistance requirements for wind-borne debris regions as
1024defined in s. 1609.2, Buildings Volume, 2007 Florida Building
1025Code, as amended. Further support or enclosure of such
1026mechanical equipment or appliances is not required by a state or
1027local official having authority to enforce the Florida Building
1028Code. This subsection expires December 31, 2012.
1029     Section 19.  Section 553.885, Florida Statutes, is amended
1030to read:
1031     553.885  Carbon monoxide alarm required.-
1032     (1)  Every separate building or addition to an existing
1033building, other than a hospital, an inpatient hospice facility,
1034or a nursing home facility licensed by the Agency for Health
1035Care Administration, constructed for which a building permit is
1036issued for new construction on or after July 1, 2008, and having
1037a fossil-fuel-burning heater or appliance, a fireplace, or an
1038attached garage, or any other feature, fixture, or element that
1039emits carbon monoxide as a byproduct of combustion shall have an
1040approved operational carbon monoxide alarm installed within 10
1041feet of each room used for sleeping purposes in the new building
1042or addition, or at such other locations as required by the
1043Florida Building Code. The requirements of this subsection may
1044be satisfied with the installation of a battery-powered carbon
1045monoxide alarm or a battery-powered combination carbon monoxide
1046and smoke alarm. For a new hospital, an inpatient hospice
1047facility, or a nursing home facility licensed by the Agency for
1048Health Care Administration, an approved operational carbon
1049monoxide detector shall be installed inside or directly outside
1050of each room or area within the hospital or facility where a
1051fossil-fuel-burning heater, engine, or appliance is located.
1052This detector shall be connected to the fire alarm system of the
1053hospital or facility as a supervisory signal. This subsection
1054does not apply to existing buildings that are undergoing
1055alterations or repairs unless the alteration is an addition as
1056defined in subsection (3).
1057     (2)  The Florida Building Commission shall adopt rules to
1058administer this section and shall incorporate such requirements
1059into its next revision of the Florida Building Code.
1060     (3)  As used in this section, the term:
1061     (a)  "Carbon monoxide alarm" means a device that is meant
1062for the purpose of detecting carbon monoxide, that produces a
1063distinct audible alarm, and that meets the requirements of and
1064is approved by the Florida Building Commission.
1065     (b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1066or other petroleum or hydrocarbon product that emits carbon
1067monoxide as a by-product of combustion.
1068     (c)  "Addition" means an extension or increase in floor
1069area, number of stories, or height of a building or structure.
1070     Section 20.  Subsection (2) of section 553.9061, Florida
1071Statutes, is amended to read:
1072     553.9061  Scheduled increases in thermal efficiency
1073standards.-
1074     (2)  The Florida Building Commission shall identify within
1075code support and compliance documentation the specific building
1076options and elements available to meet the energy performance
1077goals established in subsection (1). Energy efficiency
1078performance options and elements include, but are not limited
1079to:
1080     (a)  Energy-efficient water heating systems, including
1081solar water heating.
1082     (b)  Energy-efficient appliances.
1083     (c)  Energy-efficient windows, doors, and skylights.
1084     (d)  Low solar-absorption roofs, also known as "cool
1085roofs."
1086     (e)  Enhanced ceiling and wall insulation.
1087     (f)  Reduced-leak duct systems and energy-saving devices
1088and features installed within duct systems.
1089     (g)  Programmable thermostats.
1090     (h)  Energy-efficient lighting systems.
1091     (i)  Energy-saving quality installation procedures for
1092replacement air conditioning systems, including, but not limited
1093to, equipment sizing analysis and duct testing.
1094     (j)  Shading devices, sunscreening materials, and
1095overhangs.
1096     (k)  Weatherstripping, caulking, and sealing of exterior
1097openings and penetrations.
1098     Section 21.  Subsection (4) of section 553.909, Florida
1099Statutes, is amended to read:
1100     553.909  Setting requirements for appliances; exceptions.-
1101     (4)  Pool pump motors shall not be split-phase, shaded-
1102pole, or capacitor start-induction run types. Residential pool
1103pumps and pool pump motors with a total horsepower of 1 HP or
1104more shall have the capability of operating at two or more
1105speeds with a low speed having a rotation rate that is no more
1106than one-half of the motor's maximum rotation rate. Residential
1107pool pump motor controls shall have the capability of operating
1108the pool pump at a minimum of two speeds. The default
1109circulation speed shall be the residential filtration speed,
1110with a higher speed override capability being for a temporary
1111period not to exceed one normal cycle or 24 hours 120 minutes,
1112whichever is less; except that circulation speed for solar pool
1113heating systems shall be permitted to run at higher speeds
1114during periods of usable solar heat gain.
1115     Section 22.  Subsection (2) of section 627.711, Florida
1116Statutes, is amended to read:
1117     627.711  Notice of premium discounts for hurricane loss
1118mitigation; uniform mitigation verification inspection form.-
1119     (2)  By July 1, 2007, the Financial Services Commission
1120shall develop by rule a uniform mitigation verification
1121inspection form that shall be used by all insurers when
1122submitted by policyholders for the purpose of factoring
1123discounts for wind insurance. In developing the form, the
1124commission shall seek input from insurance, construction, and
1125building code representatives. Further, the commission shall
1126provide guidance as to the length of time the inspection results
1127are valid. An insurer shall accept as valid a uniform mitigation
1128verification form certified by the Department of Financial
1129Services or signed by:
1130     (a)  A hurricane mitigation inspector certified by the My
1131Safe Florida Home program;
1132     (b)  A building code inspector certified under s. 468.607;
1133     (c)  A general, building, or residential contractor
1134licensed under s. 489.111;
1135     (d)  A professional engineer licensed under s. 471.015 who
1136has passed the appropriate equivalency test of the Building Code
1137Training Program as required by s. 553.841;
1138     (e)  A professional architect licensed under s. 481.213; or
1139     (f)  Any other individual or entity recognized by the
1140insurer as possessing the necessary qualifications to properly
1141complete a uniform mitigation verification form.
1142     Section 23.  Paragraph (b) of subsection (3) of section
1143633.0215, Florida Statutes, is amended, and subsection (13) is
1144added to that section, to read:
1145     633.0215  Florida Fire Prevention Code.-
1146     (3)  No later than 180 days before the triennial adoption
1147of the Florida Fire Prevention Code, the State Fire Marshal
1148shall notify each municipal, county, and special district fire
1149department of the triennial code adoption and steps necessary
1150for local amendments to be included within the code. No later
1151than 120 days before the triennial adoption of the Florida Fire
1152Prevention Code, each local jurisdiction shall provide the State
1153Fire Marshal with copies of its local fire code amendments. The
1154State Fire Marshal has the option to process local fire code
1155amendments that are received less than 120 days before the
1156adoption date of the Florida Fire Prevention Code.
1157     (b)  Any local amendment to the Florida Fire Prevention
1158Code adopted by a local government shall be effective only until
1159the adoption of the new edition of the Florida Fire Prevention
1160Code, which shall be every third year. At such time, the State
1161Fire Marshal shall adopt such amendment as part of the Florida
1162Fire Prevention Code or rescind the amendment. The State Fire
1163Marshal shall immediately notify the respective local government
1164of the rescission of the amendment and the reason for the
1165rescission. After receiving such notice, the respective local
1166government may readopt the rescinded amendment. Incorporation of
1167local amendments as regional and local concerns and variations
1168shall be considered as adoption of an amendment pursuant to this
1169section part.
1170     (13)  The State Fire Marshal shall issue an expedited
1171declaratory statement relating to interpretations of provisions
1172of the Florida Fire Prevention Code according to the following
1173guidelines:
1174     (a)  The declaratory statement shall be rendered in
1175accordance with s. 120.565, except that a final decision must be
1176issued by the State Fire Marshal within 45 days after the
1177division's receipt of a petition seeking an expedited
1178declaratory statement. The State Fire Marshal shall give notice
1179of the petition and the expedited declaratory statement or the
1180denial of the petition in the next available issue of the
1181Florida Administrative Weekly after the petition is filed and
1182after the statement or denial is rendered.
1183     (b)  The petitioner must be the owner of the disputed
1184project or the owner's representative.
1185     (c)  The petition for an expedited declaratory statement
1186must be:
1187     1.  Related to an active project that is under construction
1188or must have been submitted for a permit;
1189     2.  The subject of a written notice citing a specific
1190provision of the Florida Fire Prevention Code which is in
1191dispute; and
1192     3.  Limited to a single question that is capable of being
1193answered with a "yes" or "no" response.
1194
1195A petition for a declaratory statement which does not meet all
1196of the requirements of this subsection must be denied without
1197prejudice. This subsection does not affect the right of the
1198petitioner as a substantially affected person to seek a
1199declaratory statement under s. 633.01(6).
1200     Section 24.  Section 633.026, Florida Statutes, is amended
1201to read:
1202     633.026  Legislative intent; informal interpretations of
1203the Florida Fire Prevention Code.-It is the intent of the
1204Legislature that the Florida Fire Prevention Code be interpreted
1205by fire officials and local enforcement agencies in a manner
1206that protects the public safety, health, and welfare by ensuring
1207uniform interpretations throughout this state and by providing
1208just and expeditious processes for resolving disputes regarding
1209such interpretations. It is the intent of the Legislature that
1210such processes provide for the expeditious resolution of the
1211issues presented and that the resulting interpretation of such
1212issues be published on the website of the Division of State Fire
1213Marshal.
1214     (1)  The Division of State Fire Marshal shall by rule
1215establish an informal process of rendering nonbinding
1216interpretations of the Florida Fire Prevention Code. The
1217Division of State Fire Marshal may contract with and refer
1218interpretive issues to a nonprofit organization that has
1219experience in interpreting and enforcing the Florida Fire
1220Prevention Code. The Division of State Fire Marshal shall
1221immediately implement the process prior to the completion of
1222formal rulemaking. It is the intent of the Legislature that the
1223Division of State Fire Marshal establish create a Fire Code
1224Interpretation Committee composed of seven persons and seven
1225alternates, equally representing each area of the state process
1226to refer questions to a small group of individuals certified
1227under s. 633.081(2), to which a party can pose questions
1228regarding the interpretation of the Florida Fire Prevention Code
1229provisions.
1230     (2)  Each member and alternate member of the Fire Code
1231Interpretation Committee must be certified as a firesafety
1232inspector pursuant to s. 633.081(2) and must have a minimum of 5
1233years of experience interpreting and enforcing the Florida Fire
1234Prevention Code and the Life Safety Code. Each member and
1235alternate member must be approved by the Division of State Fire
1236Marshal and deemed by the division to have met these
1237requirements for at least 30 days before participating in a
1238review of a nonbinding interpretation. It is the intent of the
1239Legislature that the process provide for the expeditious
1240resolution of the issues presented and publication of the
1241resulting interpretation on the website of the Division of State
1242Fire Marshal. It is the intent of the Legislature that this
1243program be similar to the program established by the Florida
1244Building Commission in s. 553.775(3)(g).
1245     (3)  Each nonbinding interpretation of code provisions must
1246be provided within 10 business days after receipt of a request
1247for interpretation. The response period established in this
1248subsection may be waived only with the written consent of the
1249party requesting the nonbinding interpretation and the Division
1250of State Fire Marshal. Nonbinding Such interpretations shall be
1251advisory only and nonbinding on the parties or the State Fire
1252Marshal.
1253     (4)  In order to administer this section, the Division of
1254State Fire Marshal shall charge department may adopt by rule and
1255impose a fee for nonbinding interpretations, with payment made
1256directly to the third party. The fee may not exceed $150 for
1257each request for a review or interpretation. The division may
1258authorize payment of fees directly to the nonprofit organization
1259under contract pursuant to subsection (1).
1260     (5)  A party requesting a nonbinding interpretation who
1261disagrees with the interpretation issued under this section may
1262apply for a formal interpretation from the State Fire Marshal
1263pursuant to s. 633.01(6).
1264     (6)  The Division of State Fire Marshal shall issue or
1265cause to be issued a nonbinding interpretation of the Florida
1266Fire Prevention Code pursuant to this section when requested to
1267do so upon submission of a petition by a fire official or by the
1268owner or owner's representative or the contractor or
1269contractor's representative of a project in dispute. The
1270division shall adopt a petition form by rule and the petition
1271form must be published on the State Fire Marshal's website. The
1272form shall, at a minimum, require:
1273     (a)  The name and address of the local fire official,
1274including the address of the county, municipality, or special
1275district.
1276     (b)  The name and address of the owner or owner's
1277representative or the contractor or contractor's representative.
1278     (c)  A statement of the specific sections of the Florida
1279Fire Prevention Code being interpreted by the local fire
1280official.
1281     (d)  An explanation of how the petitioner's substantial
1282interests are being affected by the local interpretation of the
1283Florida Fire Prevention Code.
1284     (e)  A statement of the interpretation of the specific
1285sections of the Florida Fire Prevention Code by the local fire
1286official.
1287     (f)  A statement of the interpretation that the petitioner
1288contends should be given to the specific sections of the Florida
1289Fire Prevention Code and a statement supporting the petitioner's
1290interpretation.
1291     (7)  Upon receipt of a petition that meets the requirements
1292of subsection (6), the Division of State Fire Marshal shall
1293immediately provide copies of the petition to the Fire Code
1294Interpretation Committee, and shall publish the petition and any
1295response submitted by the local fire official on the State Fire
1296Marshal's website.
1297     (8)  The committee shall conduct proceedings as necessary
1298to resolve the issues and give due regard to the petition, the
1299facts of the matter at issue, specific code sections cited, and
1300any statutory implications affecting the Florida Fire Prevention
1301Code. The committee shall issue an interpretation regarding the
1302provisions of the Florida Fire Prevention Code within 10 days
1303after the filing of a petition. The committee shall issue an
1304interpretation based upon the Florida Fire Prevention Code or,
1305if the code is ambiguous, the intent of the code. The
1306committee's interpretation shall be provided to the petitioner
1307and shall include a notice that if the petitioner disagrees with
1308the interpretation, the petitioner may file a request for formal
1309interpretation by the State Fire Marshal under s. 633.01(6). The
1310committee's interpretation shall be provided to the State Fire
1311Marshal, and the division shall publish the interpretation on
1312the State Fire Marshal's website and in the Florida
1313Administrative Weekly.
1314     Section 25.  Section 633.081, Florida Statutes, is amended
1315to read:
1316     633.081  Inspection of buildings and equipment; orders;
1317firesafety inspection training requirements; certification;
1318disciplinary action.-The State Fire Marshal and her or his
1319agents shall, at any reasonable hour, when the State Fire
1320Marshal department has reasonable cause to believe that a
1321violation of this chapter or s. 509.215, or a rule promulgated
1322thereunder, or a minimum firesafety code adopted by a local
1323authority, may exist, inspect any and all buildings and
1324structures which are subject to the requirements of this chapter
1325or s. 509.215 and rules promulgated thereunder. The authority to
1326inspect shall extend to all equipment, vehicles, and chemicals
1327which are located within the premises of any such building or
1328structure.
1329     (1)  Each county, municipality, and special district that
1330has firesafety enforcement responsibilities shall employ or
1331contract with a firesafety inspector. The firesafety inspector
1332must conduct all firesafety inspections that are required by
1333law. The governing body of a county, municipality, or special
1334district that has firesafety enforcement responsibilities may
1335provide a schedule of fees to pay only the costs of inspections
1336conducted pursuant to this subsection and related administrative
1337expenses. Two or more counties, municipalities, or special
1338districts that have firesafety enforcement responsibilities may
1339jointly employ or contract with a firesafety inspector.
1340     (2)  Every firesafety inspection conducted pursuant to
1341state or local firesafety requirements shall be by a person
1342certified as having met the inspection training requirements set
1343by the State Fire Marshal. Such person shall:
1344     (a)  Be a high school graduate or the equivalent as
1345determined by the department;
1346     (b)  Not have been found guilty of, or having pleaded
1347guilty or nolo contendere to, a felony or a crime punishable by
1348imprisonment of 1 year or more under the law of the United
1349States, or of any state thereof, which involves moral turpitude,
1350without regard to whether a judgment of conviction has been
1351entered by the court having jurisdiction of such cases;
1352     (c)  Have her or his fingerprints on file with the
1353department or with an agency designated by the department;
1354     (d)  Have good moral character as determined by the
1355department;
1356     (e)  Be at least 18 years of age;
1357     (f)  Have satisfactorily completed the firesafety inspector
1358certification examination as prescribed by the department; and
1359     (g)1.  Have satisfactorily completed, as determined by the
1360department, a firesafety inspector training program of not less
1361than 200 hours established by the department and administered by
1362agencies and institutions approved by the department for the
1363purpose of providing basic certification training for firesafety
1364inspectors; or
1365     2.  Have received in another state training which is
1366determined by the department to be at least equivalent to that
1367required by the department for approved firesafety inspector
1368education and training programs in this state.
1369     (3)  Each special state firesafety inspection which is
1370required by law and is conducted by or on behalf of an agency of
1371the state must be performed by an individual who has met the
1372provision of subsection (2), except that the duration of the
1373training program shall not exceed 120 hours of specific training
1374for the type of property that such special state firesafety
1375inspectors are assigned to inspect.
1376     (4)  A firefighter certified pursuant to s. 633.35 may
1377conduct firesafety inspections, under the supervision of a
1378certified firesafety inspector, while on duty as a member of a
1379fire department company conducting inservice firesafety
1380inspections without being certified as a firesafety inspector,
1381if such firefighter has satisfactorily completed an inservice
1382fire department company inspector training program of at least
138324 hours' duration as provided by rule of the department.
1384     (5)  Every firesafety inspector or special state firesafety
1385inspector certificate is valid for a period of 3 years from the
1386date of issuance. Renewal of certification shall be subject to
1387the affected person's completing proper application for renewal
1388and meeting all of the requirements for renewal as established
1389under this chapter or by rule promulgated thereunder, which
1390shall include completion of at least 40 hours during the
1391preceding 3-year period of continuing education as required by
1392the rule of the department or, in lieu thereof, successful
1393passage of an examination as established by the department.
1394     (6)  The State Fire Marshal may deny, refuse to renew,
1395suspend, or revoke the certificate of a firesafety inspector or
1396special state firesafety inspector if it finds that any of the
1397following grounds exist:
1398     (a)  Any cause for which issuance of a certificate could
1399have been refused had it then existed and been known to the
1400State Fire Marshal.
1401     (b)  Violation of this chapter or any rule or order of the
1402State Fire Marshal.
1403     (c)  Falsification of records relating to the certificate.
1404     (d)  Having been found guilty of or having pleaded guilty
1405or nolo contendere to a felony, whether or not a judgment of
1406conviction has been entered.
1407     (e)  Failure to meet any of the renewal requirements.
1408     (f)  Having been convicted of a crime in any jurisdiction
1409which directly relates to the practice of fire code inspection,
1410plan review, or administration.
1411     (g)  Making or filing a report or record that the
1412certificateholder knows to be false, or knowingly inducing
1413another to file a false report or record, or knowingly failing
1414to file a report or record required by state or local law, or
1415knowingly impeding or obstructing such filing, or knowingly
1416inducing another person to impede or obstruct such filing.
1417     (h)  Failing to properly enforce applicable fire codes or
1418permit requirements within this state which the
1419certificateholder knows are applicable by committing willful
1420misconduct, gross negligence, gross misconduct, repeated
1421negligence, or negligence resulting in a significant danger to
1422life or property.
1423     (i)  Accepting labor, services, or materials at no charge
1424or at a noncompetitive rate from any person who performs work
1425that is under the enforcement authority of the certificateholder
1426and who is not an immediate family member of the
1427certificateholder. For the purpose of this paragraph, the term
1428"immediate family member" means a spouse, child, parent,
1429sibling, grandparent, aunt, uncle, or first cousin of the person
1430or the person's spouse or any person who resides in the primary
1431residence of the certificateholder.
1432     (7)  The Division of State Fire Marshal and the Florida
1433Building Code Administrators and Inspectors Board, established
1434pursuant to under s. 468.605, shall enter into a reciprocity
1435agreement to facilitate joint recognition of continuing
1436education recertification hours for certificateholders licensed
1437under s. 468.609 and firesafety inspectors certified under
1438subsection (2).
1439     (8)  The State Fire Marshal shall develop by rule an
1440advanced training and certification program for firesafety
1441inspectors having fire code management responsibilities. The
1442program must be consistent with the appropriate provisions of
1443NFPA 1037, or similar standards adopted by the division, and
1444establish minimum training, education, and experience levels for
1445firesafety inspectors having fire code management
1446responsibilities.
1447     (9)(7)  The department shall provide by rule for the
1448certification of firesafety inspectors.
1449     Section 26.  Section 633.352, Florida Statutes, is amended
1450to read:
1451     633.352  Retention of firefighter certification.-Any
1452certified firefighter who has not been active as a firefighter,
1453or as a volunteer firefighter with an organized fire department,
1454for a period of 3 years shall be required to retake the
1455practical portion of the minimum standards state examination
1456specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
1457Administrative Code, in order to maintain her or his
1458certification as a firefighter; however, this requirement does
1459not apply to state-certified firefighters who are certified and
1460employed as full-time firesafety inspectors or firesafety
1461instructors, regardless of the firefighter's employment status
1462as determined by the division. The 3-year period begins on the
1463date the certificate of compliance is issued or upon termination
1464of service with an organized fire department.
1465     Section 27.  Paragraph (e) of subsection (2) and
1466subsections (3), (10), and (11) of section 633.521, Florida
1467Statutes, are amended to read:
1468     633.521  Certificate application and issuance; permit
1469issuance; examination and investigation of applicant.-
1470     (2)
1471     (e)  An applicant may not be examined more than four times
1472during 1 year for certification as a contractor pursuant to this
1473section unless the person is or has been certified and is taking
1474the examination to change classifications. If an applicant does
1475not pass one or more parts of the examination, she or he may
1476take any part of the examination three more times during the 1-
1477year period beginning upon the date she or he originally filed
1478an application to take the examination. If the applicant does
1479not pass the examination within that 1-year period, she or he
1480must file a new application and pay the application and
1481examination fees in order to take the examination or a part of
1482the examination again. However, the applicant may not file a new
1483application sooner than 6 months after the date of her or his
1484last examination. An applicant who passes the examination but
1485does not meet the remaining qualifications as provided in
1486applicable statutes and rules within 1 year after the
1487application date must file a new application, pay the
1488application and examination fee, successfully complete a
1489prescribed training course approved by the State Fire College or
1490an equivalent court approved by the State Fire Marshal, and
1491retake and pass the written examination.
1492     (3)(a)  As a prerequisite to taking the examination for
1493certification as a Contractor I, Contractor II, or Contractor
1494III, the applicant must be at least 18 years of age, be of good
1495moral character, and shall possess 4 years' proven experience in
1496the employment of a fire protection system Contractor I,
1497Contractor II, or Contractor III or a combination of equivalent
1498education and experience in both water-based and chemical fire
1499suppression systems.
1500     (b)  As a prerequisite to taking the examination for
1501certification as a Contractor II, the applicant must be at least
150218 years of age, be of good moral character, and have 4 years of
1503verifiable employment experience with a fire protection system
1504as a Contractor I or Contractor II, or a combination of
1505equivalent education and experience in water-based fire
1506suppression systems.
1507     (c)  Required education and experience for certification as
1508a Contractor I, Contractor II, Contractor III, or Contractor IV
1509includes training and experience in both installation and system
1510layout as defined in s. 633.021.
1511     (d)  As a prerequisite to taking the examination for
1512certification as a Contractor III, the applicant must be at
1513least 18 years of age, be of good moral character, and have 4
1514years of verifiable employment experience with a fire protection
1515system as a Contractor I or Contractor II, or a combination of
1516equivalent education and experience in chemical fire suppression
1517systems.
1518     (e)  As a prerequisite to taking the examination for
1519certification as a Contractor IV, the applicant must shall be at
1520least 18 years old, be of good moral character, be licensed as a
1521certified plumbing contractor under chapter 489, and
1522successfully complete a training program acceptable to the State
1523Fire Marshal of not less than 40 contact hours regarding the
1524applicable installation standard used by the Contractor IV as
1525described in NFPA 13D. The State Fire Marshal may adopt rules to
1526administer this subsection have at least 2 years' proven
1527experience in the employment of a fire protection system
1528Contractor I, Contractor II, Contractor III, or Contractor IV or
1529combination of equivalent education and experience which
1530combination need not include experience in the employment of a
1531fire protection system contractor.
1532     (f)  As a prerequisite to taking the examination for
1533certification as a Contractor V, the applicant must shall be at
1534least 18 years old, be of good moral character, and have been
1535licensed as a certified underground utility and excavation
1536contractor or certified plumbing contractor pursuant to chapter
1537489, have verification by an individual who is licensed as a
1538certified utility contractor or certified plumbing contractor
1539pursuant to chapter 489 that the applicant has 4 years' proven
1540experience in the employ of a certified underground utility and
1541excavation contractor or certified plumbing contractor, or have
1542a combination of education and experience equivalent to 4 years'
1543proven experience in the employ of a certified underground
1544utility and excavation contractor or certified plumbing
1545contractor.
1546     (g)  Within 30 days after the date of the examination, the
1547State Fire Marshal shall inform the applicant in writing whether
1548she or he has qualified or not and, if the applicant has
1549qualified, that she or he is ready to issue a certificate of
1550competency, subject to compliance with the requirements of
1551subsection (4).
1552     (10)  Effective July 1, 2008, the State Fire Marshal shall
1553require the National Institute of Certification in Engineering
1554Technologies (NICET), Sub-field of Inspection and Testing of
1555Fire Protection Systems Level II or equivalent training and
1556education as determined by the division as proof that the
1557permitholders are knowledgeable about nationally accepted
1558standards for the inspection of fire protection systems. It is
1559the intent of this act, from July 1, 2005, until July 1, 2008,
1560to accept continuing education of all certificateholders'
1561employees who perform inspection functions which specifically
1562prepares the permitholder to qualify for NICET II certification.
1563     (11)  It is intended that a certificateholder, or a
1564permitholder who is employed by a certificateholder, conduct
1565inspections required by this chapter. It is understood that
1566after July 1, 2008, employee turnover may result in a depletion
1567of personnel who are certified under the NICET Sub-field of
1568Inspection and Testing of Fire Protection Systems Level II or
1569equivalent training and education as required by the Division of
1570State Fire Marshal which is required for permitholders. The
1571extensive training and experience necessary to achieve NICET
1572Level II certification is recognized. A certificateholder may
1573therefore obtain a provisional permit with an endorsement for
1574inspection, testing, and maintenance of water-based fire
1575extinguishing systems for an employee if the employee has
1576initiated procedures for obtaining Level II certification from
1577the National Institute for Certification in Engineering
1578Technologies Sub-field of Inspection and Testing of Fire
1579Protection Systems and achieved Level I certification or an
1580equivalent level as determined by the State Fire Marshal through
1581verification of experience, training, and examination. The State
1582Fire Marshal may establish rules to administer this subsection.
1583After 2 years of provisional certification, the employee must
1584have achieved NICET Level II certification or obtain equivalent
1585training and education as determined by the division, or cease
1586performing inspections requiring Level II certification. The
1587provisional permit is valid only for the 2 calendar years after
1588the date of issuance, may not be extended, and is not renewable.
1589After the initial 2-year provisional permit expires, the
1590certificateholder must wait 2 additional years before a new
1591provisional permit may be issued. The intent is to prohibit the
1592certificateholder from using employees who never reach NICET
1593Level II status, or equivalent training and education as
1594determined by the division, by continuously obtaining
1595provisional permits.
1596     Section 28.  Subsection (3) is added to section 633.524,
1597Florida Statutes, to read:
1598     633.524  Certificate and permit fees; use and deposit of
1599collected funds.-
1600     (3)  The State Fire Marshal may enter into a contract with
1601any qualified public entity or private company in accordance
1602with chapter 287 to provide examinations for any applicant for
1603any examination administered under the jurisdiction of the State
1604Fire Marshal. The State Fire Marshal may direct payments from
1605each applicant for each examination directly to such contracted
1606entity or company.
1607     Section 29.  Subsection (4) of section 633.537, Florida
1608Statutes, is amended to read:
1609     633.537  Certificate; expiration; renewal; inactive
1610certificate; continuing education.-
1611     (4)  The renewal period for the permit class is the same as
1612that for the employing certificateholder. The continuing
1613education requirements for permitholders are what is required to
1614maintain NICET Sub-field of Inspection and Testing of Fire
1615Protection Systems Level II, equivalent training and education
1616as determined by the division, or higher certification plus 8
1617contact hours of continuing education approved by the State Fire
1618Marshal during each biennial renewal period thereafter. The
1619continuing education curriculum from July 1, 2005, until July 1,
16202008, shall be the preparatory curriculum for NICET II
1621certification; after July 1, 2008, the technical curriculum is
1622at the discretion of the State Fire Marshal and may be used to
1623meet the maintenance of NICET Level II certification and 8
1624contact hours of continuing education requirements. It is the
1625responsibility of the permitholder to maintain NICET II
1626certification or equivalent training and education as determined
1627by the division as a condition of permit renewal after July 1,
16282008.
1629     Section 30.  Subsection (4) of section 633.72, Florida
1630Statutes, is amended to read:
1631     633.72  Florida Fire Code Advisory Council.-
1632     (4)  Each appointee shall serve a 4-year term. No member
1633shall serve more than two consecutive terms one term. No member
1634of the council shall be paid a salary as such member, but each
1635shall receive travel and expense reimbursement as provided in s.
1636112.061.
1637     Section 31.  Subsection (6) of section 718.113, Florida
1638Statutes, is repealed.
1639     Section 32.  The Florida Building Commission shall revise
1640the Florida Building Code in order to make it consistent with
1641the revisions made by this act to s. 399.02, Florida Statutes.
1642     Section 33.  Except as otherwise expressly provided in this
1643act, this act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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