June 06, 2020
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House Bill 1307

House Bill hb1307e1

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                                       CS/HB 1307, First Engrossed



  1                      A bill to be entitled

  2         An act relating to building code development

  3         and administration; requiring the Florida

  4         Building Commission to develop building code

  5         provisions to facilitate the rehabilitation and

  6         use of existing structures; requiring the

  7         commission to identify legislative changes

  8         required to implement code provisions;

  9         requiring a report to the Legislature; amending

10         s. 399.01, F.S.; revising and removing

11         definitions; requiring that elevator service

12         maintenance contracts be made available to the

13         Department of Business and Professional

14         Regulation upon request for oversight purposes;

15         revising qualifications for an elevator

16         certificate of competency; amending s. 399.02,

17         F.S.; providing that each elevator owner is

18         responsible for inspections and correction of

19         code deficiencies; eliminating a requirement

20         that the department review service maintenance

21         contracts and determine whether they ensure

22         safe operation; amending s. 399.03, F.S.;

23         revising requirements relating to the design,

24         installation, and alteration of conveyances;

25         providing additional requirements for issuance

26         of elevator permits; revising reporting

27         requirements; providing requirements for

28         temporary operation inspections; amending s.

29         399.049, F.S.; revising grounds for suspension

30         or revocation of certification or registration;

31         amending s. 399.061, F.S.; eliminating the


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                                       CS/HB 1307, First Engrossed



  1         requirement that annual inspections be

  2         conducted through third-party inspection

  3         services; revising reporting requirements

  4         relating to service maintenance contracts;

  5         revising requirements relating to the

  6         correction of violations; amending s. 399.07,

  7         F.S.; extending the period of validity of

  8         certificates of operation from 1 to 2 years;

  9         revising fee provisions to conform; amending s.

10         399.105, F.S.; providing administrative fines

11         for violations relating to reporting, operating

12         a sealed elevator, and complying with

13         correction orders; eliminating a restriction on

14         the issuance of an administrative fine relating

15         to commencing installation without a

16         construction permit; amending s. 399.106, F.S.;

17         correcting a reference; amending s. 399.125,

18         F.S.; eliminating the requirement to report

19         elevator incidents; amending s. 399.13, F.S.;

20         allowing municipalities or counties that assume

21         elevator inspection duties to hire private

22         inspectors to conduct inspections; amending s.

23         553.512, F.S.; requiring the granting of a

24         waiver of certain requirements for

25         accessibility purposes under certain

26         circumstances; amending s. 553.73, F.S.;

27         revising provisions governing local government

28         amendments to the technical provisions of the

29         Florida Building Code; amending s. 553.74,

30         F.S.; revising eligibility for membership on

31         the Florida Building Commission; amending s.


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                                       CS/HB 1307, First Engrossed



  1         553.77, F.S.; providing additional specific

  2         powers, duties, and requirements of the

  3         commission; providing legislative intent;

  4         amending s. 553.791, F.S.; providing

  5         alternative procedures for building plans

  6         review and inspection; providing definitions;

  7         authorizing use of a private provider to review

  8         plans and make building code inspections under

  9         certain circumstances; providing a limitation;

10         requiring notice to the local building

11         official; specifying notice information;

12         specifying requirements, duties, and

13         responsibilities of a private provider;

14         providing for a certificate of compliance;

15         providing duties of the local building

16         official; providing procedures for approval or

17         denial of a certificate of compliance or a

18         building permit; prohibiting local entities

19         from adopting or enforcing certain laws, rules,

20         procedures, or standards; requiring a private

21         provider to maintain certain insurance;

22         subjecting private providers to certain

23         disciplinary provisions; limiting use of a

24         private provider under certain circumstances;

25         requiring local building code enforcement

26         agencies to develop and maintain a process to

27         audit the performance of building code

28         inspection services; providing immunity from

29         liability; amending s. 604.50, F.S.; redefining

30         the term "nonresidential farm building" for

31         purposes of an exemption from the Florida


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                                       CS/HB 1307, First Engrossed



  1         Building Code; amending s. 627.0629, F.S.;

  2         revising timeframe for rate filing for

  3         residential property insurance; providing an

  4         effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  (1)  The Legislature directs the Florida

  9  Building Commission to develop building code provisions that

10  may be added to the Florida Building Code to facilitate the

11  rehabilitation and use of existing structures. The commission

12  shall select from available national or international model

13  codes or the codes or code provisions adopted by another state

14  to form the foundation for the code provisions required by

15  this section.

16         (2)  The commission shall seek consensus with

17  firesafety professionals, advocates for persons with

18  disabilities, representatives of the construction industry,

19  land-use planners, building officials, and others identified

20  by the commission as having an interest in building code

21  provisions. The commission may modify the selected model codes

22  and standards as needed to accommodate the specific needs of

23  this state.

24         (3)  In conjunction with its code development

25  activities, the commission shall identify legislative changes

26  required to implement the code provisions developed pursuant

27  to subsections (1) and (2).

28         (4)  The commission shall report the activities

29  undertaken in response to the requirements of this section to

30  the Legislature on or before January 1, 2003, as a part of the

31  annual report required by s. 553.77(1)(b), Florida Statutes.


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                                       CS/HB 1307, First Engrossed



  1  Recommended code provisions and the legislative changes

  2  required for implementation shall be attached as appendices to

  3  the annual report.

  4         Section 2.  Section 399.01, Florida Statutes, is

  5  amended to read:

  6         399.01  Definitions.--As used in this chapter, the

  7  term:

  8         (1)  "Alteration" means any change or addition to the

  9  vertical conveyance other than maintenance, repair, or

10  replacement.

11         (2)  "Certificate of competency" means a document

12  issued by the division which evidences the competency of a

13  person to construct, install, inspect, maintain, or repair any

14  vertical conveyance.

15         (2)(3)  "Certificate of operation" means a document

16  issued by the department which indicates that the conveyance

17  has had the required safety inspection and tests and that fees

18  have been paid as provided in this chapter.

19         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

20  escalator, moving sidewalk, platform lift, or and stairway

21  chairlift.

22         (4)(5)  "Department" means the Department of Business

23  and Professional Regulation.

24         (5)(6)  "Division" means the Division of Hotels and

25  Restaurants of the Department of Business and Professional

26  Regulation.

27         (6)(7)  "Elevator" means one of the following

28  mechanical devices:

29         (a)  A hoisting and lowering mechanism, equipped with a

30  car and platform that moves in guide rails and serves two or

31  more landings to transport material or passengers or both.


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                                       CS/HB 1307, First Engrossed



  1         (b)  An escalator, which is a power-driven, inclined

  2  continuous stairway used for raising or lowering passengers.

  3         (c)  A dumbwaiter, which is a hoisting and lowering

  4  mechanism equipped with a car of limited size which moves in

  5  guide rails and serves two or more landings.

  6         (d)  A moving walk, which is a type of

  7  passenger-carrying device on which passengers stand or walk

  8  and in which the passenger-carrying surface remains parallel

  9  to its direction of motion and is uninterrupted.

10         (e)  An inclined stairway chairlift, which is a device

11  used to transport physically handicapped persons over

12  architectural barriers.

13         (f)  An inclined or vertical wheelchair lift, which is

14  a device used to transport wheelchair handicapped persons over

15  architectural barriers.

16         (8)  "Escalator" means an installation defined as an

17  escalator in the Florida Building Code.

18         (7)(9)  "Existing installation" means an installation

19  defined as an "installation, existing" in the Florida Building

20  Code.

21         (8)(10)  "Elevator Safety Technical Advisory Committee"

22  means the committee appointed by the secretary of the

23  Department of Business and Professional Regulation.

24         (9)(11)  "Private residence" means a separate dwelling

25  or a separate apartment in a multiple dwelling which is

26  occupied by members of a single-family unit.

27         (10)(12)  "Service maintenance contract" means a

28  contract that provides for routine examination, lubrication,

29  cleaning, adjustment, replacement of parts, and performance of

30  applicable code-required safety tests such as on a traction

31  elevator and annual relief pressure test on a hydraulic


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                                       CS/HB 1307, First Engrossed



  1  elevator and any other service, repair, and maintenance

  2  sufficient to ensure the safe operation of the elevator. A

  3  service maintenance contract shall be made available upon

  4  request of the department for purposes of oversight and

  5  monitoring.

  6         (11)(13)  "Temporarily dormant conveyance" means a

  7  conveyance whose power supply has been disconnected by

  8  removing fuses and placing a padlock on the mainline

  9  disconnect switch in the "OFF" position. The car is parked,

10  and the hoistway doors are in the closed and latched position.

11  A wire seal is installed on the mainline disconnect switch by

12  a certified certificate of competency elevator inspector. This

13  conveyance installation may not be used again until it has

14  been put in safe running order and is in condition for use.

15  Annual inspections shall continue for the duration of the

16  temporarily dormant status by a certified certificate of

17  competency elevator inspector. The temporarily dormant status

18  is renewable on an annual basis and may not exceed a 5-year

19  period. The inspector shall file a report with the department

20  chief elevator inspector describing the current conditions.

21  The wire seal and padlock may not be removed for any purpose

22  without permission from the department elevator inspector.

23         (12)(14)  "Temporary operation inspection permit" means

24  an inspection performed by a certified elevator inspector, the

25  successful passage of a document issued by the department

26  which permits the temporary use of a noncompliant vertical

27  conveyance as provided by rule.

28         (13)(15)  "Registered elevator company" means an entity

29  registered with and authorized by the division employing

30  persons to construct, install, inspect, maintain, or repair

31  any vertical conveyance. Each registered elevator company must


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                                       CS/HB 1307, First Engrossed



  1  annually register with the division and maintain general

  2  liability insurance coverage in the minimum amounts set by

  3  rule the division.

  4         (14)(16)  "Certified elevator inspector" is a natural

  5  person registered with and authorized by the division to

  6  construct, install, inspect, maintain, or repair any vertical

  7  conveyance, after having properly acquired the qualified

  8  elevator inspector credential as prescribed by the American

  9  Society of Mechanical Engineers. Each certified elevator

10  inspector must annually register with the division and provide

11  from the National Association of Elevator Safety Authorities.

12  Such person shall remain so authorized by the division only

13  upon providing annual proof of completion of 8 hours of

14  continuing education, proof that and the qualified elevator

15  inspector credential remains in good standing, and proof of

16  with the National Association of Elevator Safety Authorities.

17  A licensed mechanical engineer whose license is in good

18  standing may be authorized as a certified elevator inspector

19  by the division. Each certified elevator inspector must

20  annually register with the division and maintain general

21  liability insurance coverage in the minimum amounts set by the

22  division.

23         (15)(17)  "Certified elevator technician" means a

24  natural person authorized by the division to construct,

25  install, maintain, or repair any vertical conveyance, after

26  having been issued an elevator certificate of competency by

27  the division. Each certified elevator technician must annually

28  register with the division and be covered by maintain general

29  liability insurance coverage in the minimum amounts set by the

30  division.

31


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                                       CS/HB 1307, First Engrossed



  1         (16)(18)  "Elevator helper" means a natural person

  2  performing work under the direct supervision of an elevator

  3  certificate of competency holder a certified elevator

  4  inspector or an elevator technician to construct, install,

  5  maintain, or repair any vertical conveyance.

  6         (17)(19)  "Elevator certificate of competency" means a

  7  credential issued by the division to any individual natural

  8  person successfully completing an examination as prescribed by

  9  rule and paying a nonrefundable fee of $50. Such credential

10  shall be valid for and expire at the end of 1 year, and may be

11  renewed by the division when the division receives proof of

12  the elevator certificate of competency holder's completion of

13  8 hours of continuing education from a provider approved by

14  the department and a nonrefundable renewal fee of $50. The

15  department shall adopt by rule criteria for providing approval

16  and procedures for continuing education reporting.

17         (a)  An elevator certificate of competency may be

18  issued only if the applicant meets the following requirements:

19         1.  Four years' work experience in the construction,

20  maintenance, service, and repair of conveyances covered by

21  this chapter. This experience shall be verified by current or

22  previously registered elevator companies as required by the

23  division.

24         2.  One of the following:

25         a.  Proof of completion and successful passage of a

26  written examination administered by the division or a provider

27  approved by the division under standards it adopted by rule.

28         b.  Proof of completion of an apprenticeship program

29  for elevator mechanics which has standards substantially

30  equivalent to those found in a national training program for

31  elevator mechanics and is registered with the Bureau of


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                                       CS/HB 1307, First Engrossed



  1  Apprenticeship and Training of the United States Department of

  2  Labor or a state apprenticeship authority.

  3         c.  Proof of licensure or certification by a state or

  4  local jurisdiction in the United States having standards

  5  substantially equal to or more stringent than those of this

  6  chapter.

  7         (b)  A licensed mechanical engineer whose license is in

  8  good standing may be granted an elevator certificate of

  9  competency.

10

11  All other building transportation terms are defined in the

12  current Florida Building Code.

13         Section 3.  Subsections (1) and (5) of section 399.02,

14  Florida Statutes, are amended to read:

15         399.02  General requirements.--

16         (1)  The Elevator Safety Technical Advisory Committee

17  shall develop and submit to the Director of Hotels and

18  Restaurants proposed regarding revisions to the elevator

19  safety code so that it is the same as or similar to the latest

20  editions versions of ASME A17.1, ASME A17.3, and ASME A18.1.

21         (5)(a)  The construction permitholder is responsible

22  for the correction of violations and deficiencies until the

23  elevator has been inspected and a certificate of operation has

24  been issued by the department.  The construction permitholder

25  is responsible for all tests of new and altered equipment

26  until the elevator has been inspected and a certificate of

27  operation has been issued by the department.

28         (b)  The elevator owner is responsible for the safe

29  operation, and proper maintenance, and inspection and

30  correction of code deficiencies of the elevator after it has

31  been inspected and a certificate of operation has been issued


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                                       CS/HB 1307, First Engrossed



  1  by the department. The responsibilities of the elevator owner

  2  may be assigned by lease.

  3         (c)  The elevator owner shall report to the department

  4  60 days before the expiration of the certificate of operation

  5  whether there exists a service maintenance contract, with whom

  6  the contract exists, and the details concerning the provisions

  7  and implementation of the contract which the department

  8  requires. The department shall keep the names of companies

  9  with whom the contract exists confidential pursuant to the

10  public records exemption provided in s. 119.14(4)(b)3. This

11  annual contract report must be made on forms supplied by the

12  department.  The elevator owner must report any material

13  change in the service maintenance contract no fewer than 30

14  days before the effective date of the change.  The department

15  shall determine whether the provisions of the service

16  maintenance contract and its implementation ensure the safe

17  operation of the elevator.

18         Section 4.  Section 399.03, Florida Statutes, is

19  amended to read:

20         399.03  Design, installation, and alteration of

21  conveyances.--

22         (1)  A conveyance covered by this chapter may not be

23  erected, constructed, installed, or altered within buildings

24  or structures until unless a permit has been obtained from the

25  department before the work is commenced. Permits must be

26  applied for by a registered elevator company and may only be

27  granted upon receipt and approval of an application to be made

28  on a form prescribed by the department, accompanied by proper

29  fees and a sworn statement from an agent of the registered

30  elevator company that the plans meet all applicable elevator

31  safety and building codes. Permits may be granted only to


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                                       CS/HB 1307, First Engrossed



  1  registered elevator companies in good standing. When any

  2  material alteration is made, the alteration device must

  3  conform to applicable requirements of the Florida Building

  4  Code and the provisions of this chapter for the alteration. A

  5  permit required hereunder may not be issued except to a

  6  person, firm, or corporation holding a current elevator

  7  contractor's license issued under this chapter. A copy of the

  8  permit and plans must be kept at the construction site at all

  9  times while the work is in progress and until a certificate of

10  operation is issued.

11         (2)  The department shall provide by rule for permit

12  application requirements and permit fees.

13         (3)  Permits may be revoked for the following reasons:

14         (a)  There are any false statements or

15  misrepresentations as to the material facts in the

16  application, plans, or specifications on which the permit was

17  based.

18         (b)  The permit was issued in error and not in

19  accordance with the code or rules.

20         (c)  The work detailed under the permit is not being

21  performed in accordance with the provisions of the

22  application, plans, or specifications or with the code or

23  conditions of the permit.

24         (d)  The construction permitholder to whom the permit

25  was issued fails or refuses to comply with a stop-work order.

26         (4)  A permit expires if:

27         (a)  The work authorized by the permit is not commenced

28  within 6 months after the date of issuance, or within a

29  shorter period of time as the department may specify at the

30  time the permit is issued.

31


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                                       CS/HB 1307, First Engrossed



  1         (b)  The work is suspended or abandoned for a period of

  2  60 days, or such shorter period of time as the department may

  3  specify at the time the permit is issued, after the work has

  4  been started. For good cause, the department may allow a

  5  discretionary extension for the foregoing period.

  6         (5)  All new conveyance installations must be performed

  7  by a registered elevator company person to whom a license to

  8  install or service a conveyance has been issued. Subsequent to

  9  installation, the licensed person, firm, or company must

10  certify compliance with the applicable sections of this

11  chapter and the Florida Building Code. Before any vertical

12  conveyance is used, except those in a private residence, it

13  must be inspected by a certified elevator licensed inspector

14  not employed, or associated, or having a conflict of interest

15  with the elevator construction permitholder or elevator owner

16  and certified as meeting the safety provisions of the Florida

17  Building Code, including the performance of all required

18  safety tests. The certified elevator inspector shall provide

19  the original copy of the inspection report to the department

20  within 5 days after the inspection. A certificate of operation

21  may not be issued until the permitholder provides an affidavit

22  signed by the construction supervisor attesting that the

23  supervisor directly supervised the construction or

24  installation of the elevator. Upon successful inspection, the

25  owner or lessee must apply to the department for a certificate

26  of operation from the department. A fee as prescribed in this

27  chapter must be paid for the certificate of operation. It is

28  the responsibility of the licensed elevator construction

29  permitholder to complete and submit a first-time registration

30  for a new installation. Vertical conveyances, including

31  stairway chairlifts, and inclined or vertical wheelchair lifts


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                                       CS/HB 1307, First Engrossed



  1  located in private residences are not required to obtain a

  2  certificate of operation under this chapter.

  3         (6)  A certificate of operation expires July 31 of each

  4  year and must be renewed prior to continued use of the

  5  conveyance. A certificate of operation must be clearly

  6  displayed on or in each conveyance or in the machine room for

  7  use by and for the benefit of inspectors and code enforcement

  8  personnel. Certificates of operation may only be renewed for

  9  vertical conveyances having a current satisfactory inspection.

10         (6)(7)  At the department's request, and to facilitate

11  oversight and monitoring, the permitholder shall notify the

12  department of the scheduled final inspection date and time for

13  purposes of acquiring a certificate of inspection, in writing,

14  at least 7 days before completion of the work and shall, in

15  the presence of a licensed elevator inspector not associated

16  with or employed by the installing company or contractor,

17  subject the newly installed, relocated, or altered portions of

18  the elevator to tests required to show that the elevator meets

19  the applicable provisions of the Florida Building Code.

20         (7)(8)  Each elevator shall comply with the edition of

21  the Florida Building Code or Elevator Safety Code that was in

22  effect at the time of receipt of application for the

23  construction permit for the elevator.

24         (8)(9)  Each alteration to, or relocation of, an

25  elevator shall comply with the edition of the Florida Building

26  Code or Elevator Safety Code that was in effect at the time of

27  receipt of the application for the construction permit for the

28  alteration or relocation.

29         (9)(10)  When any change is made in the classification

30  of an elevator, the elevator shall comply with all of the

31  requirements of the version of the Florida Building Code or


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                                       CS/HB 1307, First Engrossed



  1  Elevator Safety Code that were in effect at the time of

  2  receipt of the application for the construction permit for the

  3  change in classification.

  4         (10)(a)  The temporary use of an elevator during

  5  installation or alteration is authorized for a period of 30

  6  days after the completion of a satisfactory temporary

  7  operation inspection. An additional 30-day period of temporary

  8  use is authorized from the date of completion of each

  9  additional satisfactory temporary operation inspection. A

10  satisfactory temporary operation inspection must satisfy the

11  following criteria: the elevator is tested under contract

12  load; the hoistway is fully enclosed; the hoistway doors and

13  interlocks are installed; the car is completely enclosed,

14  including door or gate and top; all electrical safety devices

15  are installed and properly functioning; and terminal stopping

16  equipment is in place for a safe runby and proper clearance.

17  When a car is provided with a temporary enclosure, the

18  operating means must be by constant pressure push-button or

19  lever-type switch. The car may not exceed the minimum safe

20  operating speed of the elevator, and the governor tripping

21  speed must be set in accordance with the operating speed of

22  the elevator.

23         (b)  Temporary use is authorized only when a

24  satisfactory temporary operation inspection report, completed

25  within the last 30 days by a certified elevator inspector, and

26  a notice prescribed by the department, bearing a statement

27  that the elevator has not been finally approved by a certified

28  elevator inspector, are conspicuously posted in the elevator.

29         Section 5.  Section 399.049, Florida Statutes, is

30  amended to read:

31


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                                       CS/HB 1307, First Engrossed



  1         399.049  Disciplinary action Certificate of

  2  competency.--

  3         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

  4  OF COMPETENCY.--The department may suspend or revoke an

  5  elevator inspector certification, an elevator company

  6  registration, an elevator a license or certificate of

  7  competency, or an elevator certificate of operation issued

  8  under this chapter or impose an administrative penalty of up

  9  to $1,000 per violation upon any registered elevator company

10  licensee or certificateholder who commits any one or more of

11  the following violations:

12         (a)  Any false statement as to a material matter in an

13  the application for registration, certification, or any permit

14  or certificate issued under this chapter.

15         (b)  Fraud, misrepresentation, or bribery in the

16  practice of the profession securing a license or certificate

17  of competency.

18         (c)  Failure by a certified elevator inspector to

19  provide to notify the department and the certificate of

20  operation holder with a copy of the inspection report within 5

21  days after the date of any inspection performed after the

22  initial certificate of operation is issued of a conveyance

23  covered by this chapter that is not in compliance with the

24  provisions of the elevator safety code incorporated into the

25  Florida Building Code.

26         (d)  Violation of any provision of this chapter.

27         (2)  DISCIPLINARY ACTION.--Any disciplinary action

28  taken under this chapter must comply with chapter 120 and any

29  rules adopted thereunder.

30         Section 6.  Section 399.061, Florida Statutes, is

31  amended to read:


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                                       CS/HB 1307, First Engrossed



  1         399.061  Inspections; service maintenance contracts;

  2  correction of deficiencies.--

  3         (1)(a)  All elevators or other conveyances subject to

  4  this chapter must be annually inspected by a certified

  5  elevator inspector through a third-party inspection service,

  6  or by a municipality or county under contract with the

  7  division, pursuant to s. 399.13. If the elevator or other

  8  conveyance is maintained pursuant to a service maintenance

  9  contract continuously in force, it shall be inspected at least

10  once every 2 years by a certified elevator inspector who is

11  not employed by or otherwise associated with the maintenance

12  company; however, if the elevator is not an escalator or a

13  dumbwaiter, serves only two adjacent floors, and is covered by

14  a service maintenance contract, an inspection is not required

15  so long as the service contract remains in effect. A statement

16  verifying the existence, performance, and cancellation of each

17  service maintenance contract must be filed annually with the

18  division as prescribed by rule.

19         (b)  A statement verifying the existence and

20  performance of each service maintenance contract must be filed

21  at least annually with the division and as prescribed by rule.

22  Cancellation of a service maintenance contract must be

23  reported to the division as prescribed by rule. The division

24  may inspect an elevator whenever necessary to ensure its safe

25  operation or when a third-party inspection service is not

26  available for a routine inspection.

27         (2)  The division may employ state elevator inspectors

28  to inspect an elevator whenever necessary to ensure its safe

29  operation. The division may also employ state elevator

30  inspectors to conduct any the inspections as required by this

31  chapter subsection (1) and may charge a an inspection fee for


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                                       CS/HB 1307, First Engrossed



  1  each inspection in an amount sufficient to cover the costs of

  2  that inspection, as provided by rule, when a private certified

  3  elevator inspector is not available. Each state elevator

  4  inspector shall be properly qualified as a certified elevator

  5  inspector hold a certificate of competency issued by the

  6  division.

  7         (3)  Whenever the division determines from the results

  8  of any inspection that, in the interest of the public safety,

  9  an elevator is in an unsafe condition, the division may seal

10  the elevator or order the discontinuance of the use of the

11  elevator until the division determines by inspection that such

12  elevator has been satisfactorily repaired or replaced so that

13  the elevator may be operated in a safe manner.

14         (4)  When the division determines that an elevator is

15  in violation of this chapter or the Florida Building Code, the

16  division may issue an order to the elevator owner requiring

17  correction of the violation and reinspection of the elevator

18  evidencing the correction.

19         Section 7.  Section 399.07, Florida Statutes, is

20  amended to read:

21         399.07  Certificates of operation; temporary operation

22  permits; fees.--

23         (1)(a)  A certificate of operation may not be issued

24  until the elevator company supervisor signs an affidavit

25  stating that the elevator company supervisor directly

26  supervised construction or installation of the elevator.

27         (1)(b)  The certificate of operation is valid for a

28  period not to exceed 2 years and shall expire at the end of

29  the period of 1 year unless sooner suspended or revoked. The

30  department may adopt rules establishing a procedure for

31  certificate renewal. Certificates of operation may be renewed


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                                       CS/HB 1307, First Engrossed



  1  only for vertical conveyances having a current satisfactory

  2  inspection. The owner of an elevator operating with an expired

  3  certificate of operation is in violation of this chapter.

  4  Certificate of operation renewal applications received by the

  5  department after the date of expiration of the last current

  6  certificate must be accompanied by a late fee of $50 in

  7  addition to the renewal fee and any other fees required by

  8  law. The department shall adopt by rule a fee schedule for the

  9  renewal of certificates of operation. The fees must be

10  deposited into the Hotel and Restaurant Trust Fund. The

11  department shall by rule adopt a fee schedule for the renewal

12  of certificates of operation.  The renewal period commences on

13  August 1 of each year.

14         (2)(c)  The certificate of operation must be posted in

15  a conspicuous location on the elevator and must be framed with

16  a transparent cover.

17         (d)  The department shall charge an annual fee for

18  issuance of a certificate of operation in an amount to be set

19  by rule. However, a renewal application for a certificate of

20  operation filed with the department after expiration date of

21  the certificate must be accompanied by a delinquency fee of

22  $50 in addition to the annual renewal fee and any other fees

23  required by law. The fees must be deposited into the Hotel and

24  Restaurant Trust Fund.

25         (2)(a)  The department may issue a temporary operation

26  permit authorizing the temporary use of an elevator during

27  installation or alteration to an elevator company or general

28  contractor acting as a general agent of an elevator company. A

29  temporary operation permit may not be issued until the

30  elevator has been inspected by a state elevator inspector and

31  tested under contract load; the hoistway is fully enclosed;


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                                       CS/HB 1307, First Engrossed



  1  the hoistway doors and interlocks are installed; the car is

  2  completely enclosed, including door or gate and top; all

  3  electrical safety devices are installed and properly

  4  functioning; and terminal stopping equipment is in place for a

  5  safe runby and proper clearance. When a car is provided with a

  6  temporary enclosure, the operating means must be by constant

  7  pressure push-button or lever-type switch. The car may not

  8  exceed the minimum safe operating speed of the elevator, and

  9  the governor tripping speed must be set in accordance with the

10  operating speed of the elevator.

11         (b)  A temporary operation permit must be issued for a

12  period not to exceed 30 days.  The permit may be renewed at

13  the discretion of the department.

14         (c)  When a temporary operation permit is issued, the

15  permit, together with a notice bearing a statement that the

16  elevator has not been finally approved by a state elevator

17  inspector, must be conspicuously posted in the elevator.

18         (d)  The department shall charge a fee, set by rule in

19  an amount not greater than $100, for each temporary operation

20  permit. The fee must be deposited in the Hotel and Restaurant

21  Trust Fund.

22         (3)  The certificate of operation shall contain the

23  text of s. 823.12, relating to the prohibition against smoking

24  in elevators.

25         (4)  In addition to subsection (3), the designation "NO

26  SMOKING" along with the international symbol for no smoking

27  shall be conspicuously displayed within the interior of the

28  elevator in the plain view of the public.

29         (5)  Except for as authorized by a temporary use

30  authorized by this chapter operation permit, the operation or

31  use of any newly installed, relocated, or altered elevator is


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                                       CS/HB 1307, First Engrossed



  1  prohibited until the elevator has passed the tests and

  2  inspections required by this chapter and a certificate of

  3  operation has been issued.

  4         (6)  The department may suspend any certificate of

  5  operation if it finds that the elevator is not in compliance

  6  with this chapter or of rules adopted under this chapter. The

  7  suspension remains in effect until the department receives

  8  satisfactory results of an inspection performed by a certified

  9  elevator inspector indicating determines, by inspection, that

10  the elevator has been brought into compliance.

11         Section 8.  Section 399.105, Florida Statutes, is

12  amended to read:

13         399.105  Administrative fines.--

14         (1)  Any person who fails to comply with the reporting

15  requirements of this chapter s. 399.02 or with the reasonable

16  requests of the department to determine whether the provisions

17  of a service maintenance contract and its implementation

18  ensure assure safe elevator operation is subject to an

19  administrative fine not greater than $1,000 in addition to any

20  other penalty provided by law.

21         (2)  Any person who commences the operation,

22  installation, relocation, or alteration of any elevator for

23  which a permit or certificate is required by this chapter

24  without having obtained from the department the permit or

25  certificate is subject to an administrative fine not greater

26  than $1,000 in addition to any other penalty provided by law.

27  No fine may be imposed under this subsection for commencing

28  installation without a construction permit if such permit is

29  issued within 60 days after the actual commencement of

30  installation.

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                                       CS/HB 1307, First Engrossed



  1         (3)  An elevator owner who continues to operate an

  2  elevator after notice to discontinue its use or after it has

  3  been sealed by the department is subject to an administrative

  4  fine not greater than $1,000 for each day the elevator has

  5  been operated after the service of the notice or sealing by

  6  the department, in addition to any other penalty provided by

  7  law.

  8         (4)  An elevator owner who fails to comply with an

  9  order to correct issued under s. 399.061(4) within 30 60 days

10  after its issuance is subject, in addition to any other

11  penalty provided by law, to an administrative fine set by the

12  department in an amount not to exceed $1,000.

13         (5)  All administrative fines collected shall be

14  deposited into the Hotel and Restaurant Trust Fund.

15         Section 9.  Subsection (2) of section 399.106, Florida

16  Statutes, is amended to read:

17         399.106  Elevator Safety Technical Advisory

18  Committee.--

19         (2)  The committee members shall serve staggered terms

20  of 4 years to be set by rule without salary, but may receive

21  from the state expenses for per diem and travel. The committee

22  commission shall appoint one of the members to serve as chair.

23         Section 10.  Section 399.125, Florida Statutes, is

24  amended to read:

25         399.125  Reporting of elevator accidents or incidents;

26  penalties.--Within 5 working days after any accident or

27  incident occurring in or upon any elevator, the certificate of

28  operation holder shall report the accident or incident to the

29  division on a form prescribed by the division. Failure to

30  timely file this report is a violation of this chapter and

31  will subject the certificate of operation holder to an


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                                       CS/HB 1307, First Engrossed



  1  administrative fine, to be imposed by the division, in an

  2  amount not to exceed $1,000.

  3         Section 11.  Section 399.13, Florida Statutes, is

  4  amended to read:

  5         399.13  Delegation of authority to municipalities or

  6  counties.--

  7         (1)  The department may enter into contracts with

  8  municipalities or counties under which such municipalities or

  9  counties will issue construction permits, temporary operation

10  permits, and certificates of operation; will provide for

11  inspection of elevators, including temporary operation

12  inspections; and will enforce the applicable provisions of the

13  Florida Building Code, as required by this chapter. The

14  municipality or county may choose to require inspections to be

15  performed by its own inspectors or by private certified

16  elevator inspectors. Each such agreement shall include a

17  provision that the municipality or county shall maintain for

18  inspection by the department copies of all applications for

19  permits issued, a copy of each inspection report issued, and

20  proper records showing the number of certificates of operation

21  issued; shall include a provision that each required

22  inspection be conducted by a certified elevator inspector the

23  holder of a certificate of competency issued by the

24  department; and may include such other provisions as the

25  department deems necessary.

26         (2)  The department may make inspections of elevators

27  in such municipality or county for the purpose of determining

28  that the provisions of this chapter are being met and may

29  cancel the contract with any municipality or county which the

30  department finds has failed to comply with such contract or

31  the provisions of this chapter.  The amendments to chapter 399


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                                       CS/HB 1307, First Engrossed



  1  by this act shall apply only to the installation, relocation,

  2  or alteration of an elevator for which a permit has been

  3  issued after October 1, 1990.

  4         Section 12.  Subsection (1) of section 553.512, Florida

  5  Statutes, is amended to read:

  6         553.512  Modifications and waivers; advisory council.--

  7         (1)  The Florida Building Commission shall provide by

  8  regulation criteria for granting individual modifications of,

  9  or exceptions from, the literal requirements of this part upon

10  a determination of unnecessary, unreasonable, or extreme

11  hardship, provided such waivers shall not violate federal

12  accessibility laws and regulations and shall be reviewed by

13  the Accessibility Advisory Council. Notwithstanding any other

14  provision of this subsection, if an applicant for a waiver

15  demonstrates economic hardship in accordance with 28 C.F.R.

16  36.403(f)(1), a waiver shall be granted. The commission may

17  not consider waiving any of the requirements of s. 553.5041

18  unless the applicant first demonstrates that she or he has

19  applied for and been denied waiver or variance from all local

20  government zoning, subdivision regulations, or other

21  ordinances that prevent compliance therewith. Further, the

22  commission may not waive the requirement of s. 553.5041(5)(a)

23  and (c)1. governing the minimum width of accessible routes and

24  minimum width of accessible parking spaces.

25         Section 13.  Paragraph (b) of subsection (4) of section

26  553.73, Florida Statutes, as amended by section 2 of chapter

27  2001-372, Laws of Florida, is amended to read:

28         553.73  Florida Building Code.--

29         (4)

30         (b)  Local governments may, subject to the limitations

31  of this section, adopt amendments to the technical provisions


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                                       CS/HB 1307, First Engrossed



  1  of the Florida Building Code which apply solely within the

  2  jurisdiction of such government and which provide for more

  3  stringent requirements than those specified in the Florida

  4  Building Code, not more than once every 6 months. A local

  5  government may adopt technical amendments that address local

  6  needs if, provided:

  7         1.  The local governing body determines, following a

  8  public hearing which has been advertised in a newspaper of

  9  general circulation at least 10 days before the hearing, that

10  there is a need to strengthen the requirements of the Florida

11  Building Code. The determination must be based upon a review

12  of local conditions by the local governing body, which review

13  demonstrates by evidence or data that the geographical

14  jurisdiction governed by the local governing body exhibits a

15  local need to strengthen the Florida Building Code beyond the

16  needs or regional variation addressed by the Florida Building

17  Code, that the local need is addressed by the proposed local

18  amendment, and that the amendment is no more stringent than

19  necessary to address the local need that local conditions

20  justify more stringent requirements than those specified in

21  the Florida Building Code for the protection of life and

22  property.

23         2.  Such additional requirements are not discriminatory

24  against materials, products, or construction techniques of

25  demonstrated capabilities.

26         3.  Such additional requirements may not introduce a

27  new subject not addressed in the Florida Building Code.

28         4.  The enforcing agency shall make readily available,

29  in a usable format, all amendments adopted pursuant to this

30  section.

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                                       CS/HB 1307, First Engrossed



  1         5.  Any amendment to the Florida Building Code shall be

  2  transmitted within 30 days by the adopting local government to

  3  the commission.  The commission shall maintain copies of all

  4  such amendments in a format that is usable and obtainable by

  5  the public. Local technical amendments shall not become

  6  effective until 30 days after the amendment has been received

  7  and published by the commission.

  8         6.  Any amendment to the Florida Building Code adopted

  9  by a local government pursuant to this paragraph shall be

10  effective only until the adoption by the commission of the new

11  edition of the Florida Building Code every third year. At such

12  time, the commission shall review such amendment for

13  consistency with the criteria in paragraph (6)(a) and adopt

14  such amendment as part of the Florida Building Code or rescind

15  the amendment. The commission shall immediately notify the

16  respective local government of the rescission of any

17  amendment. After receiving such notice, the respective local

18  government may readopt the rescinded amendment pursuant to the

19  provisions of this paragraph.

20         7.  Each county and municipality desiring to make local

21  technical amendments to the Florida Building Code shall by

22  interlocal agreement establish a countywide compliance review

23  board to review any amendment to the Florida Building Code,

24  adopted by a local government within the county pursuant to

25  this paragraph, that is challenged by any substantially

26  affected party for purposes of determining the amendment's

27  compliance with this paragraph. If challenged, the local

28  technical amendments shall not become effective until time for

29  filing an appeal pursuant to subparagraph 8 has expired or, if

30  there is an appeal, until the commission issues its final

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                                       CS/HB 1307, First Engrossed



  1  order determining the adopted amendment is in compliance with

  2  this subsection.

  3         8.  If the compliance review board determines such

  4  amendment is not in compliance with this paragraph, the

  5  compliance review board shall notify such local government of

  6  the noncompliance and that the amendment is invalid and

  7  unenforceable until the local government corrects the

  8  amendment to bring it into compliance. The local government

  9  may appeal the decision of the compliance review board to the

10  commission, which shall conduct a hearing under chapter 120

11  and the uniform rules of procedure. If the compliance review

12  board determines such amendment to be in compliance with this

13  paragraph, any substantially affected party may appeal such

14  determination to the commission, which shall conduct a hearing

15  under chapter 120 and the uniform rules of procedure. any such

16  appeal shall be filed with the commission within 14 days of

17  the board's written determination. The commission shall

18  promptly refer the appeal to the Division of Administrative

19  Hearings for the assignment of an administrative law judge.

20  The administrative law judge shall conduct the required

21  hearing within 30 days, and shall enter a recommended order

22  within 30 days of the conclusion of such hearing. The

23  commission shall enter a final order within 30 days

24  thereafter. The provisions of chapter 120 and the uniform

25  rules of procedure shall apply to such proceedings. The local

26  government adopting the amendment that is subject to challenge

27  has the burden of proving that the amendment complies with

28  this paragraph in proceedings before the compliance review

29  board and the commission, as applicable. Actions of the

30  commission are subject to judicial review pursuant to s.

31  120.68. The compliance review board shall determine whether


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                                       CS/HB 1307, First Engrossed



  1  its decisions apply to a respective local jurisdiction or

  2  apply countywide.

  3         9.8.  An amendment adopted under this paragraph shall

  4  include a fiscal impact statement which documents the costs

  5  and benefits of the proposed amendment.  Criteria for the

  6  fiscal impact statement shall include the impact to local

  7  government relative to enforcement, the impact to property and

  8  building owners, as well as to industry, relative to the cost

  9  of compliance. The fiscal impact statement may not be used as

10  a basis for challenging the amendment for compliance.

11         10.9.  In addition to subparagraphs 7. and 9. 8., the

12  commission may review any amendments adopted pursuant to this

13  subsection and make nonbinding recommendations related to

14  compliance of such amendments with this subsection.

15         Section 14.  Effective October 1, 2003, subsection (1)

16  of section 553.74, Florida Statutes, is amended to read:

17         553.74  Florida Building Commission.--

18         (1)  The Florida Building Commission is created and

19  shall be located within the Department of Community Affairs

20  for administrative purposes. Members shall be appointed by the

21  Governor subject to confirmation by the Senate. The commission

22  shall be composed of 23 members, consisting of the following:

23         (a)  One architect registered to practice in this state

24  and actively engaged in the profession.

25         (b)  One structural engineer registered to practice in

26  this state and actively engaged in the profession.

27         (c)  One air-conditioning or mechanical contractor

28  certified to do business in this state and actively engaged in

29  the profession.

30         (d)  One electrical contractor certified to do business

31  in this state and actively engaged in the profession.


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                                       CS/HB 1307, First Engrossed



  1         (e)  One member from fire protection engineering or

  2  technology who is actively engaged in the profession.

  3         (f)  One general contractor certified to do business in

  4  this state and actively engaged in the profession.

  5         (g)  One plumbing contractor licensed to do business in

  6  this state and actively engaged in the profession.

  7         (h)  One roofing or, sheet metal, or air-conditioning

  8  contractor certified to do business in this state and actively

  9  engaged in the profession.

10         (i)  One residential contractor licensed to do business

11  in this state and actively engaged in the profession.

12         (j)  Three members who are municipal or district codes

13  enforcement officials, one of whom is also a fire official.

14         (k)  One member who represents the Department of

15  Insurance.

16         (l)  One member who is a county codes enforcement

17  official.

18         (m)  One member of a Florida-based organization of

19  persons with disabilities or a nationally chartered

20  organization of persons with disabilities with chapters in

21  this state.

22         (n)  One member of the manufactured buildings industry

23  who is licensed to do business in this state and is actively

24  engaged in the industry.

25         (o)  One mechanical or electrical engineer registered

26  to practice in this state and actively engaged in the

27  profession.

28         (p)  One member who is a representative of a

29  municipality or a charter county.

30

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                                       CS/HB 1307, First Engrossed



  1         (q)  One member of the building products manufacturing

  2  industry who is authorized to do business in this state and is

  3  actively engaged in the industry.

  4         (r)  One member who is a representative of the building

  5  owners and managers industry who is actively engaged in

  6  commercial building ownership or management.

  7         (s)  One member who is a representative of the

  8  insurance industry.

  9         (t)  One member who is a representative of public

10  education.

11         (u)  One member who shall be the chair.

12

13  Any person serving on the commission under paragraph (c) or

14  paragraph (h) on October 1, 2003, and who has served less than

15  two full terms is eligible for reappointment to the commission

16  regardless of whether he or she meets the new qualification.

17         Section 15.  Subsection (7) is added to section 553.77,

18  Florida Statutes, to read:

19         553.77  Specific powers of the commission.--

20         (7)  The commission shall by rule establish an informal

21  process of rendering nonbinding interpretations of the Florida

22  Building Code.  The commission is specifically authorized to

23  refer interpretive issues to organizations that represent

24  those engaged in the construction industry.  The commission is

25  directed to immediately implement the process prior to the

26  completion of formal rulemaking.  It is the intent of the

27  Legislature that the commission create a process to refer

28  questions to a small, rotating group of individuals licensed

29  under part XII of chapter 468, to which a party can pose

30  questions regarding the interpretation of code provisions.  It

31  is the intent of the Legislature that the process provide for


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                                       CS/HB 1307, First Engrossed



  1  the expeditious resolution of the issues presented and

  2  publication of the resulting interpretation on the Building

  3  Code Information System.  Such interpretations are to be

  4  advisory only and nonbinding on the parties or the commission.

  5         Section 16.  Effective October 1, 2002, section

  6  553.791, Florida Statutes, is created to read:

  7         553.791  Alternative plans review and inspection.--

  8         (1)  As used in this section, the term:

  9         (a)  "Applicable codes" means the Florida Building Code

10  and any local technical amendments to the Florida Building

11  Code but does not include the applicable minimum fire

12  prevention and firesafety codes adopted pursuant to chapter

13  633.

14         (b)  "Building" means any construction, erection,

15  alteration, demolition, or improvement of, or addition to, any

16  structure for which permitting by a local enforcement agency

17  is required.

18         (c)  "Building code inspection services" means those

19  services described in s. 468.603(6) and (7) involving the

20  review of building plans to determine compliance with

21  applicable codes and those inspections required by law of each

22  phase of construction for which permitting by a local

23  enforcement agency is required to determine compliance with

24  applicable codes.

25         (d)  "Duly authorized representative" means an agent of

26  the private provider identified in the permit application who

27  reviews plans or performs inspections as provided by this

28  section and who is licensed as an engineer under chapter 471

29  or as an architect under chapter 481 or who holds a standard

30  certificate under part XII of chapter 468.

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                                       CS/HB 1307, First Engrossed



  1         (e)  "Local building official" means the individual

  2  within the governing jurisdiction responsible for direct

  3  regulatory administration or supervision of plans review,

  4  enforcement, and inspection of any construction, erection,

  5  alteration, demolition, or substantial improvement of, or

  6  addition to, any structure for which permitting is required to

  7  indicate compliance with applicable codes and includes any

  8  duly authorized designee of such person.

  9         (f)  "Permit application" means a properly completed

10  and submitted application for:

11         1.  The requested building or construction permit.

12         2.  The plans reviewed by the private provider.

13         3.  The affidavit from the private provider required

14  pursuant to subsection (5).

15         4.  Any applicable fees.

16         5.  Any documents required by the local building

17  official to determine that the fee owner has secured all other

18  government approvals required by law.

19         (g)  "Private provider" means a person licensed as an

20  engineer under chapter 471 or as an architect under chapter

21  481.

22         (h)  "Request for certificate of occupancy or

23  certificate of completion" means a properly completed and

24  executed application for:

25         1.  A certificate of occupancy or certificate of

26  completion.

27         2.  A certificate of compliance from the private

28  provider required pursuant to subsection (10).

29         3.  Any applicable fees.

30

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                                       CS/HB 1307, First Engrossed



  1         4.  Any documents required by the local building

  2  official to determine that the fee owner has secured all other

  3  government approvals required by law.

  4         (2)  Notwithstanding any other provision of law, the

  5  fee owner of a building may use a private provider to provide

  6  building code inspection services with regard to such building

  7  and may make payment directly to the private provider for the

  8  provision of such services.  All such services shall be the

  9  subject of a written contract between the private provider, or

10  the private provider's firm, and the fee owner. The fee owner

11  may elect to use a private provider to provide either plans

12  review or required building inspections. The local building

13  official, in his or her discretion and pursuant to duly

14  adopted policies of the local enforcement agency, may require

15  the fee owner who desires to use a private provider to use the

16  private provider to provide both plans review and required

17  building inspection services.

18         (3)  A private provider and any duly authorized

19  representative may only perform building code inspection

20  services that are within the disciplines covered by that

21  person's licensure or certification under chapter 481, chapter

22  471, or chapter 468. A private provider may not provide

23  building code inspection services pursuant to this section

24  upon any building designed or constructed by the private

25  provider or the private provider's firm.

26         (4)  A fee owner using a private provider to provide

27  building code inspection services shall notify the local

28  building official at the time of permit application on a form

29  to be adopted by the commission. This notice shall include the

30  following information:

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                                       CS/HB 1307, First Engrossed



  1         (a)  The services to be performed by the private

  2  provider.

  3         (b)  The name, firm, address, telephone number, and

  4  facsimile number of each private provider who is performing or

  5  will perform such services, his or her professional license or

  6  certification number, qualification statements or resumes,

  7  and, if required by the local building official, a certificate

  8  of insurance demonstrating that professional liability

  9  insurance coverage is in place for the private provider's

10  firm, the private provider, and any duly authorized

11  representative in the amounts required by this section.

12         (c)  An acknowledgment from the fee owner in

13  substantially the following form:

14

15         I have elected to use one or more private

16         providers to provide building code plans review

17         and/or inspection services on the building that

18         is the subject of the enclosed permit

19         application, as authorized by s. 553.791,

20         Florida Statutes.  I understand that the local

21         building official may not review the plans

22         submitted or perform the required building

23         inspections to determine compliance with the

24         applicable codes, except to the extent

25         specified in said law.  Instead, plans review

26         and/or required building inspections will be

27         performed by licensed or certified personnel

28         identified in the application.  The law

29         requires minimum insurance requirements for

30         such personnel, but I understand that I may

31         require more insurance to protect my interests.


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                                       CS/HB 1307, First Engrossed



  1         By executing this form, I acknowledge that I

  2         have made inquiry regarding the competence of

  3         the licensed or certified personnel and the

  4         level of their insurance and am satisfied that

  5         my interests are adequately protected. I agree

  6         to indemnify, defend, and hold harmless the

  7         local government, the local building official,

  8         and their building code enforcement personnel

  9         from any and all claims arising from my use of

10         these licensed or certified personnel to

11         perform building code inspection services with

12         respect to the building that is the subject of

13         the enclosed permit application.

14

15  If the fee owner makes any changes to the listed private

16  providers or the services to be provided by those private

17  providers, the fee owner shall, within 1 business day after

18  any change, update the notice to reflect such changes.

19         (5)  A private provider performing plans review under

20  this section shall review construction plans to determine

21  compliance with the applicable codes. Upon determining that

22  the plans reviewed comply with the applicable codes, the

23  private provider shall prepare an affidavit or affidavits on a

24  form adopted by the commission certifying, under oath, that

25  the following is true and correct to the best of the private

26  provider's knowledge and belief:

27         (a)  The plans were reviewed by the affiant, who is

28  duly authorized to perform plans review pursuant to this

29  section and holds the appropriate license or certificate.

30         (b)  The plans comply with the applicable codes.

31


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                                       CS/HB 1307, First Engrossed



  1         (6)(a)  Within 30 business days after receipt of a

  2  permit application, the local building official shall issue

  3  the requested permit or provide a written notice to the permit

  4  applicant identifying the specific plan features that do not

  5  comply with the applicable codes, as well as the specific code

  6  chapters and sections.  If the local building official does

  7  not provide a written notice of the plan deficiencies within

  8  the prescribed 30-day period, the permit application shall be

  9  deemed approved as a matter of law and the permit shall be

10  issued by the local building official on the next business

11  day.

12         (b)  If the local building official provides a written

13  notice of plan deficiencies to the permit applicant within the

14  prescribed 30-day period, the 30-day period shall be tolled

15  pending resolution of the matter.  To resolve the plan

16  deficiencies, the permit applicant may elect to dispute the

17  deficiencies pursuant to subsection (12) or to submit

18  revisions to correct the deficiencies.

19         (c)  If the permit applicant submits revisions, the

20  local building official has the remainder of the tolled 30-day

21  period plus 5 business days to issue the requested permit or

22  to provide a second written notice to the permit applicant

23  stating which of the previously identified plan features

24  remain in noncompliance with the applicable codes, with

25  specific reference to the relevant code chapters and sections.

26  If the local building official does not provide the second

27  written notice within the prescribed time period, the permit

28  shall be issued by the local building official on the next

29  business day.

30         (d)  If the local building official provides a second

31  written notice of plan deficiencies to the permit applicant


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                                       CS/HB 1307, First Engrossed



  1  within the prescribed time period, the permit applicant may

  2  elect to dispute the deficiencies pursuant to subsection (12)

  3  or to submit additional revisions to correct the deficiencies.

  4  For all revisions submitted after the first revision, the

  5  local building official has an additional 5 business days to

  6  issue the requested permit or to provide a written notice to

  7  the permit applicant stating which of the previously

  8  identified plan features remain in noncompliance with the

  9  applicable codes, with specific reference to the relevant code

10  chapters and sections.

11         (7)  A private provider performing required inspections

12  under this section shall inspect each phase of construction as

13  required by the applicable codes. The private provider shall

14  be permitted to send a duly authorized representative to the

15  building site to perform the required inspections, provided

16  all required reports and certifications are prepared by and

17  bear the signature of the private provider. The contractor's

18  contractual or legal obligations are not relieved by any

19  action of the private provider.

20         (8)  A private provider performing required inspections

21  under this section shall provide notice to the local building

22  official of the date and approximate time of any such

23  inspection no later than the prior business day by 2 p.m.

24  local time or by any later time permitted by the local

25  building official in that jurisdiction.  The local building

26  official may visit the building site as often as necessary to

27  verify that the private provider is performing all required

28  inspections.

29         (9)  Upon completing the required inspections at each

30  applicable phase of construction, the private provider shall

31  record such inspections on a form acceptable to the local


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                                       CS/HB 1307, First Engrossed



  1  building official.  These inspection records shall reflect

  2  those inspections required by the applicable codes of each

  3  phase of construction for which permitting by a local

  4  enforcement agency is required. The private provider, before

  5  leaving the project site, shall post each completed inspection

  6  record, indicating pass or fail, at the site and provide the

  7  record to the local building official within 2 business days.

  8  Records of all required and completed inspections shall be

  9  maintained at the building site at all times and made

10  available for review by the local building official.  The

11  private provider shall report to the local enforcement agency

12  any condition that poses an immediate threat to public safety

13  and welfare.

14         (10)  Upon completion of all required inspections, the

15  private provider shall prepare a certificate of compliance, on

16  a form acceptable to the local building official, summarizing

17  the inspections performed and including a written

18  representation, under oath, that the stated inspections have

19  been performed and that, to the best of the private provider's

20  knowledge and belief, the building construction inspected

21  complies with the approved plans and applicable codes.  The

22  statement required of the private provider shall be

23  substantially in the following form:

24

25         To the best of my knowledge and belief, the

26         building components and site improvements

27         outlined herein and inspected under my

28         authority have been completed in conformance

29         with the approved plans and the applicable

30         codes.

31


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                                       CS/HB 1307, First Engrossed



  1         (11)  Within 2 business days after receipt of a request

  2  for a certificate of occupancy or certificate of completion

  3  and the applicant's presentation of a certificate of

  4  compliance and approval of all other government approvals

  5  required by law, the local building official shall issue the

  6  certificate of occupancy or certificate of completion or

  7  provide a notice to the applicant identifying the specific

  8  deficiencies, as well as the specific code chapters and

  9  sections.  If the local building official does not provide

10  notice of the deficiencies within the prescribed 2-day period,

11  the request for a certificate of occupancy or certificate of

12  completion shall be deemed granted and the certificate of

13  occupancy or certificate of completion shall be issued by the

14  local building official on the next business day.  To resolve

15  any identified deficiencies, the applicant may elect to

16  dispute the deficiencies pursuant to subsection (12) or to

17  submit a corrected request for a certificate of occupancy or

18  certificate of completion.

19         (12)  If the local building official determines that

20  the building construction or plans do not comply with the

21  applicable codes, the official may deny the permit or request

22  for a certificate of occupancy or certificate of completion,

23  as appropriate, or may issue a stop-work order for the project

24  or any portion thereof, if the official determines that such

25  noncompliance poses a threat to public safety and welfare,

26  subject to the following:

27         (a)  The local building official shall be available to

28  meet with the private provider within 2 business days to

29  resolve any dispute after issuing a stop-work order or

30  providing notice to the applicant denying a permit or request

31  for a certificate of occupancy or certificate of completion.


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                                       CS/HB 1307, First Engrossed



  1         (b)  If the local building official and private

  2  provider are unable to resolve the dispute, the matter shall

  3  be referred to the local enforcement agency's board of

  4  appeals, if one exists, which shall consider the matter at its

  5  next scheduled meeting or sooner.  Any decisions by the local

  6  enforcement agency's board of appeals, or local building

  7  official if there is no board of appeals, may be appealed to

  8  the commission pursuant to s. 553.77(1)(h).

  9         (c)  Notwithstanding any provision of this section, any

10  decisions regarding the issuance of a building permit,

11  certificate of occupancy, or certificate of completion may be

12  reviewed by the local enforcement agency's board of appeals,

13  if one exists.  Any decision by the local enforcement agency's

14  board of appeals, or local building official if there is no

15  board of appeals, may be appealed to the commission pursuant

16  to s. 553.77(1)(h), which shall consider the matter at the

17  commission's next scheduled meeting.

18         (13)  For the purposes of this section, any notice to

19  be provided by the local building official shall be deemed to

20  be provided to the person or entity when successfully

21  transmitted to the facsimile number listed for that person or

22  entity in the permit application or revised permit

23  application, or, if no facsimile number is stated, when

24  actually received by that person or entity.

25         (14)  No local enforcement agency, local building

26  official, or local government may adopt or enforce any laws,

27  rules, procedures, or standards more stringent than those

28  prescribed by this section.

29         (15)  A private provider may perform building code

30  inspection services under this section only if the private

31  provider maintains insurance for professional and


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                                       CS/HB 1307, First Engrossed



  1  comprehensive general liability with minimum policy limits of

  2  $1 million per occurrence relating to all services performed

  3  as a private provider, including tail coverage for a minimum

  4  of 5 years subsequent to the performance of building code

  5  inspection services.

  6         (16)  When performing building code inspection

  7  services, a private provider is subject to the disciplinary

  8  guidelines of the applicable professional board with

  9  jurisdiction over his or her license or certification under

10  chapter 468, chapter 471, or chapter 481.  All private

11  providers shall be subject to the disciplinary guidelines of

12  s. 468.621(1)(c)-(h).  Any complaint processing,

13  investigation, and discipline that arise out of a private

14  provider's performance of building code inspection services

15  shall be conducted by the applicable professional board.

16         (17)  Each local building code enforcement agency shall

17  develop and maintain a process to audit the performance of

18  building code inspection services by private providers

19  operating within the local jurisdiction.

20         (18)  The local government, the local building

21  official, and their building code enforcement personnel shall

22  be immune from liability to any person or party for any action

23  or inaction by a fee owner of a building, or by a private

24  provider or its duly authorized representative, in connection

25  with building code inspection services as authorized in this

26  act.

27         Section 17.  Section 604.50, Florida Statutes, is

28  amended to read:

29         604.50  Nonresidential farm buildings.--Notwithstanding

30  any other law to the contrary, any nonresidential farm

31  building located on a farm is exempt from the Florida Building


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                                       CS/HB 1307, First Engrossed



  1  Code and any county or municipal building code. For purposes

  2  of this section, the term "nonresidential farm building" means

  3  any building or support structure that is used for

  4  agricultural purposes, is located on a farm that is not used

  5  as a residential dwelling, and is located on land that is an

  6  integral part of a farm operation or is classified as

  7  agricultural land under s. 193.461. The term "farm" is as

  8  defined in s. 823.14.

  9         Section 18.  Subsection (1) of section 627.0629,

10  Florida Statutes, as amended by chapter 2001-372, Laws of

11  Florida, is amended to read:

12         627.0629  Residential property insurance; rate

13  filings.--

14         (1)  Effective June 1, 2002, a rate filing for

15  residential property insurance must include actuarially

16  reasonable discounts, credits, or other rate differentials, or

17  appropriate reductions in deductibles, for properties on which

18  fixtures or construction techniques demonstrated to reduce the

19  amount of loss in a windstorm have been installed or

20  implemented. The fixtures or construction techniques shall

21  include, but not be limited to, fixtures or construction

22  techniques which enhance roof strength, roof covering

23  performance, roof-to-wall strength,

24  wall-to-floor-to-foundation strength, opening protection, and

25  window, door, and skylight strength.  Credits, discounts, or

26  other rate differentials for fixtures and construction

27  techniques which meet the minimum requirements of the Florida

28  Building Code must be included in the rate filing. All

29  insurance companies must make a rate filing which includes the

30  credits, discounts, or other rate differentials by February

31  28, 2003.


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                                       CS/HB 1307, First Engrossed



  1         Section 19.  Except as otherwise expressly provided in

  2  this act, this act shall take effect upon becoming a law.

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