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House Bill 1307

House Bill hb1307er

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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1                                 

  2         An act relating to building code development

  3         and administration; amending s. 553.73, F.S.,

  4         relating to the Florida Building Code;

  5         exempting modular structures from the code;

  6         requiring the Florida Building Commission to

  7         develop building code provisions to facilitate

  8         the rehabilitation and use of existing

  9         structures; requiring the commission to

10         identify legislative changes required to

11         implement code provisions; requiring a report

12         to the Legislature; amending s. 399.01, F.S.;

13         revising and removing definitions; requiring

14         that elevator service maintenance contracts be

15         made available to the Department of Business

16         and Professional Regulation upon request for

17         oversight purposes; revising qualifications for

18         an elevator certificate of competency; amending

19         s. 399.02, F.S.; providing that each elevator

20         owner is responsible for inspections and

21         correction of code deficiencies; eliminating a

22         requirement that the department review service

23         maintenance contracts and determine whether

24         they ensure safe operation; amending s. 399.03,

25         F.S.; revising requirements relating to the

26         design, installation, and alteration of

27         conveyances; providing additional requirements

28         for issuance of elevator permits; revising

29         reporting requirements; providing requirements

30         for temporary operation inspections; amending

31         s. 399.049, F.S.; revising grounds for


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    2002 Legislature                  CS/HB 1307, Second Engrossed



  1         suspension or revocation of certification or

  2         registration; amending s. 399.061, F.S.;

  3         eliminating the requirement that annual

  4         inspections be conducted through third-party

  5         inspection services; revising reporting

  6         requirements relating to service maintenance

  7         contracts; revising requirements relating to

  8         the correction of violations; amending s.

  9         399.07, F.S.; extending the period of validity

10         of certificates of operation from 1 to 2 years;

11         revising fee provisions to conform; amending s.

12         399.105, F.S.; providing administrative fines

13         for violations relating to reporting, operating

14         a sealed elevator, and complying with

15         correction orders; eliminating a restriction on

16         the issuance of an administrative fine relating

17         to commencing installation without a

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

19         correcting a reference; amending s. 399.125,

20         F.S.; eliminating the requirement to report

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

22         allowing municipalities or counties that assume

23         elevator inspection duties to hire private

24         inspectors to conduct inspections; amending s.

25         553.512, F.S.; requiring the granting of a

26         waiver of certain requirements for

27         accessibility purposes under certain

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

29         revising provisions governing local government

30         amendments to the technical provisions of the

31         Florida Building Code; amending s. 553.74,


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    2002 Legislature                  CS/HB 1307, Second Engrossed



  1         F.S.; revising eligibility for membership on

  2         the Florida Building Commission; amending s.

  3         553.77, F.S.; providing additional specific

  4         powers, duties, and requirements of the

  5         commission; providing legislative intent;

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

  7         alternative procedures for building plans

  8         review and inspection; providing definitions;

  9         authorizing use of a private provider to review

10         plans and make building code inspections under

11         certain circumstances; providing a limitation;

12         requiring notice to the local building

13         official; specifying notice information;

14         specifying requirements, duties, and

15         responsibilities of a private provider;

16         providing for a certificate of compliance;

17         providing duties of the local building

18         official; providing procedures for approval or

19         denial of a certificate of compliance or a

20         building permit; prohibiting local entities

21         from adopting or enforcing certain laws, rules,

22         procedures, or standards; requiring a private

23         provider to maintain certain insurance;

24         subjecting private providers to certain

25         disciplinary provisions; limiting use of a

26         private provider under certain circumstances;

27         requiring local building code enforcement

28         agencies to develop and maintain a process to

29         audit the performance of building code

30         inspection services; providing immunity from

31         liability; requiring a report; amending s.


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1         553.842, F.S.; providing certain equivalency

  2         with respect to product evaluation and approval

  3         under the Florida Building Code; amending s.

  4         604.50, F.S.; redefining the term

  5         "nonresidential farm building" for purposes of

  6         an exemption from the Florida Building Code;

  7         amending s. 627.0629, F.S.; revising timeframe

  8         for rate filing for residential property

  9         insurance; providing an effective date.

10  

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

12  

13         Section 1.  Paragraph (e) of subsection (8) of section

14  553.73, Florida Statutes, is amended to read:

15         553.73  Florida Building Code.--

16         (8)  The following buildings, structures, and

17  facilities are exempt from the Florida Building Code as

18  provided by law, and any further exemptions shall be as

19  determined by the Legislature and provided by law:

20         (e)  Mobile or modular structures homes used as

21  temporary offices, except that the provisions of part V

22  relating to accessibility by persons with disabilities shall

23  apply to such mobile or modular structures homes.

24  

25  With the exception of paragraphs (a), (b), (c), and (f), in

26  order to preserve the health, safety, and welfare of the

27  public, the Florida Building Commission may, by rule adopted

28  pursuant to chapter 120, provide for exceptions to the broad

29  categories of buildings exempted in this section, including

30  exceptions for application of specific sections of the code or

31  standards adopted therein. The Department of Agriculture and


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1  Consumer Services shall have exclusive authority to adopt by

  2  rule, pursuant to chapter 120, exceptions to nonresidential

  3  farm buildings exempted in paragraph (c) when reasonably

  4  necessary to preserve public health, safety, and welfare. The

  5  exceptions must be based upon specific criteria, such as

  6  under-roof floor area, aggregate electrical service capacity,

  7  HVAC system capacity, or other building requirements. Further,

  8  the commission may recommend to the Legislature additional

  9  categories of buildings, structures, or facilities which

10  should be exempted from the Florida Building Code, to be

11  provided by law.

12         Section 2.  (1)  The Legislature directs the Florida

13  Building Commission to develop building code provisions that

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

15  rehabilitation and use of existing structures. The commission

16  shall select from available national or international model

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

18  to form the foundation for the code provisions required by

19  this section.

20         (2)  The commission shall seek consensus with

21  firesafety professionals, advocates for persons with

22  disabilities, representatives of the construction industry,

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

24  by the commission as having an interest in building code

25  provisions. The commission may modify the selected model codes

26  and standards as needed to accommodate the specific needs of

27  this state.

28         (3)  In conjunction with its code development

29  activities, the commission shall identify legislative changes

30  required to implement the code provisions developed pursuant

31  to subsections (1) and (2).


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1         (4)  The commission shall report the activities

  2  undertaken in response to the requirements of this section to

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

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

  5  Recommended code provisions and the legislative changes

  6  required for implementation shall be attached as appendices to

  7  the annual report.

  8         Section 3.  Section 399.01, Florida Statutes, is

  9  amended to read:

10         399.01  Definitions.--As used in this chapter, the

11  term:

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

13  vertical conveyance other than maintenance, repair, or

14  replacement.

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

16  issued by the division which evidences the competency of a

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

18  vertical conveyance.

19         (2)(3)  "Certificate of operation" means a document

20  issued by the department which indicates that the conveyance

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

22  have been paid as provided in this chapter.

23         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

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

25  chairlift.

26         (4)(5)  "Department" means the Department of Business

27  and Professional Regulation.

28         (5)(6)  "Division" means the Division of Hotels and

29  Restaurants of the Department of Business and Professional

30  Regulation.

31  


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1         (6)(7)  "Elevator" means one of the following

  2  mechanical devices:

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

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

  5  more landings to transport material or passengers or both.

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

  7  continuous stairway used for raising or lowering passengers.

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

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

10  guide rails and serves two or more landings.

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

12  passenger-carrying device on which passengers stand or walk

13  and in which the passenger-carrying surface remains parallel

14  to its direction of motion and is uninterrupted.

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

16  used to transport physically handicapped persons over

17  architectural barriers.

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

19  a device used to transport wheelchair handicapped persons over

20  architectural barriers.

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

22  escalator in the Florida Building Code.

23         (7)(9)  "Existing installation" means an installation

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

25  Code.

26         (8)(10)  "Elevator Safety Technical Advisory Committee"

27  means the committee appointed by the secretary of the

28  Department of Business and Professional Regulation.

29         (9)(11)  "Private residence" means a separate dwelling

30  or a separate apartment in a multiple dwelling which is

31  occupied by members of a single-family unit.


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1         (10)(12)  "Service maintenance contract" means a

  2  contract that provides for routine examination, lubrication,

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

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

  5  elevator and annual relief pressure test on a hydraulic

  6  elevator and any other service, repair, and maintenance

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

  8  service maintenance contract shall be made available upon

  9  request of the department for purposes of oversight and

10  monitoring.

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

12  conveyance whose power supply has been disconnected by

13  removing fuses and placing a padlock on the mainline

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

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

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

17  a certified certificate of competency elevator inspector. This

18  conveyance installation may not be used again until it has

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

20  Annual inspections shall continue for the duration of the

21  temporarily dormant status by a certified certificate of

22  competency elevator inspector. The temporarily dormant status

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

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

25  chief elevator inspector describing the current conditions.

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

27  without permission from the department elevator inspector.

28         (12)(14)  "Temporary operation inspection permit" means

29  an inspection performed by a certified elevator inspector, the

30  successful passage of a document issued by the department

31  


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1  which permits the temporary use of a noncompliant vertical

  2  conveyance as provided by rule.

  3         (13)(15)  "Registered elevator company" means an entity

  4  registered with and authorized by the division employing

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

  6  any vertical conveyance. Each registered elevator company must

  7  annually register with the division and maintain general

  8  liability insurance coverage in the minimum amounts set by

  9  rule the division.

10         (14)(16)  "Certified elevator inspector" is a natural

11  person registered with and authorized by the division to

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

13  conveyance, after having properly acquired the qualified

14  elevator inspector credential as prescribed by the American

15  Society of Mechanical Engineers. Each certified elevator

16  inspector must annually register with the division and provide

17  from the National Association of Elevator Safety Authorities.

18  Such person shall remain so authorized by the division only

19  upon providing annual proof of completion of 8 hours of

20  continuing education, proof that and the qualified elevator

21  inspector credential remains in good standing, and proof of

22  with the National Association of Elevator Safety Authorities.

23  A licensed mechanical engineer whose license is in good

24  standing may be authorized as a certified elevator inspector

25  by the division. Each certified elevator inspector must

26  annually register with the division and maintain general

27  liability insurance coverage in the minimum amounts set by the

28  division.

29         (15)(17)  "Certified elevator technician" means a

30  natural person authorized by the division to construct,

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


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1  having been issued an elevator certificate of competency by

  2  the division. Each certified elevator technician must annually

  3  register with the division and be covered by maintain general

  4  liability insurance coverage in the minimum amounts set by the

  5  division.

  6         (16)(18)  "Elevator helper" means a natural person

  7  performing work under the direct supervision of an elevator

  8  certificate of competency holder a certified elevator

  9  inspector or an elevator technician to construct, install,

10  maintain, or repair any vertical conveyance.

11         (17)(19)  "Elevator certificate of competency" means a

12  credential issued by the division to any individual natural

13  person successfully completing an examination as prescribed by

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

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

16  renewed by the division when the division receives proof of

17  the elevator certificate of competency holder's completion of

18  8 hours of continuing education from a provider approved by

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

20  department shall adopt by rule criteria for providing approval

21  and procedures for continuing education reporting.

22         (a)  An elevator certificate of competency may be

23  issued only if the applicant meets the following requirements:

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

25  maintenance, service, and repair of conveyances covered by

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

27  previously registered elevator companies as required by the

28  division.

29         2.  One of the following:

30  

31  


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    2002 Legislature                  CS/HB 1307, Second Engrossed



  1         a.  Proof of completion and successful passage of a

  2  written examination administered by the division or a provider

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

  4         b.  Proof of completion of an apprenticeship program

  5  for elevator mechanics which has standards substantially

  6  equivalent to those found in a national training program for

  7  elevator mechanics and is registered with the Bureau of

  8  Apprenticeship and Training of the United States Department of

  9  Labor or a state apprenticeship authority.

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

11  local jurisdiction in the United States having standards

12  substantially equal to or more stringent than those of this

13  chapter.

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

15  good standing may be granted an elevator certificate of

16  competency.

17  

18  All other building transportation terms are defined in the

19  current Florida Building Code.

20         Section 4.  Subsections (1) and (5) of section 399.02,

21  Florida Statutes, are amended to read:

22         399.02  General requirements.--

23         (1)  The Elevator Safety Technical Advisory Committee

24  shall develop and submit to the Director of Hotels and

25  Restaurants proposed regarding revisions to the elevator

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

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

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

29  for the correction of violations and deficiencies until the

30  elevator has been inspected and a certificate of operation has

31  been issued by the department.  The construction permitholder


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1  is responsible for all tests of new and altered equipment

  2  until the elevator has been inspected and a certificate of

  3  operation has been issued by the department.

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

  5  operation, and proper maintenance, and inspection and

  6  correction of code deficiencies of the elevator after it has

  7  been inspected and a certificate of operation has been issued

  8  by the department. The responsibilities of the elevator owner

  9  may be assigned by lease.

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

11  60 days before the expiration of the certificate of operation

12  whether there exists a service maintenance contract, with whom

13  the contract exists, and the details concerning the provisions

14  and implementation of the contract which the department

15  requires. The department shall keep the names of companies

16  with whom the contract exists confidential pursuant to the

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

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

19  department.  The elevator owner must report any material

20  change in the service maintenance contract no fewer than 30

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

22  shall determine whether the provisions of the service

23  maintenance contract and its implementation ensure the safe

24  operation of the elevator.

25         Section 5.  Section 399.03, Florida Statutes, is

26  amended to read:

27         399.03  Design, installation, and alteration of

28  conveyances.--

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

30  erected, constructed, installed, or altered within buildings

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


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    ENROLLED

    2002 Legislature                  CS/HB 1307, Second Engrossed



  1  department before the work is commenced. Permits must be

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

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

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

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

  6  elevator company that the plans meet all applicable elevator

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

  8  registered elevator companies in good standing. When any

  9  material alteration is made, the alteration device must

10  conform to applicable requirements of the Florida Building

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

12  permit required hereunder may not be issued except to a

13  person, firm, or corporation holding a current elevator

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

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

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

17  operation is issued.

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

19  application requirements and permit fees.

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

21         (a)  There are any false statements or

22  misrepresentations as to the material facts in the

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

24  based.

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

26  accordance with the code or rules.

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

28  performed in accordance with the provisions of the

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

30  conditions of the permit.

31  


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  1         (d)  The construction permitholder to whom the permit

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

  3         (4)  A permit expires if:

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

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

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

  7  time the permit is issued.

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

  9  60 days, or such shorter period of time as the department may

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

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

12  discretionary extension for the foregoing period.

13         (5)  All new conveyance installations must be performed

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

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

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

17  certify compliance with the applicable sections of this

18  chapter and the Florida Building Code. Before any vertical

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

20  must be inspected by a certified elevator licensed inspector

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

22  with the elevator construction permitholder or elevator owner

23  and certified as meeting the safety provisions of the Florida

24  Building Code, including the performance of all required

25  safety tests. The certified elevator inspector shall provide

26  the original copy of the inspection report to the department

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

28  may not be issued until the permitholder provides an affidavit

29  signed by the construction supervisor attesting that the

30  supervisor directly supervised the construction or

31  installation of the elevator. Upon successful inspection, the


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

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

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

  4  the responsibility of the licensed elevator construction

  5  permitholder to complete and submit a first-time registration

  6  for a new installation. Vertical conveyances, including

  7  stairway chairlifts, and inclined or vertical wheelchair lifts

  8  located in private residences are not required to obtain a

  9  certificate of operation under this chapter.

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

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

12  conveyance. A certificate of operation must be clearly

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

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

15  personnel. Certificates of operation may only be renewed for

16  vertical conveyances having a current satisfactory inspection.

17         (6)(7)  At the department's request, and to facilitate

18  oversight and monitoring, the permitholder shall notify the

19  department of the scheduled final inspection date and time for

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

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

22  the presence of a licensed elevator inspector not associated

23  with or employed by the installing company or contractor,

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

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

26  the applicable provisions of the Florida Building Code.

27         (7)(8)  Each elevator shall comply with the edition of

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

29  effect at the time of receipt of application for the

30  construction permit for the elevator.

31  


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    ENROLLED

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  1         (8)(9)  Each alteration to, or relocation of, an

  2  elevator shall comply with the edition of the Florida Building

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

  4  receipt of the application for the construction permit for the

  5  alteration or relocation.

  6         (9)(10)  When any change is made in the classification

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

  8  requirements of the version of the Florida Building Code or

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

10  receipt of the application for the construction permit for the

11  change in classification.

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

13  installation or alteration is authorized for a period of 30

14  days after the completion of a satisfactory temporary

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

16  use is authorized from the date of completion of each

17  additional satisfactory temporary operation inspection. A

18  satisfactory temporary operation inspection must satisfy the

19  following criteria: the elevator is tested under contract

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

21  interlocks are installed; the car is completely enclosed,

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

23  are installed and properly functioning; and terminal stopping

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

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

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

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

28  operating speed of the elevator, and the governor tripping

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

30  the elevator.

31  


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  1         (b)  Temporary use is authorized only when a

  2  satisfactory temporary operation inspection report, completed

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

  4  a notice prescribed by the department, bearing a statement

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

  6  elevator inspector, are conspicuously posted in the elevator.

  7         Section 6.  Section 399.049, Florida Statutes, is

  8  amended to read:

  9         399.049  Disciplinary action Certificate of

10  competency.--

11         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

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

13  elevator inspector certification, an elevator company

14  registration, an elevator a license or certificate of

15  competency, or an elevator certificate of operation issued

16  under this chapter or impose an administrative penalty of up

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

18  licensee or certificateholder who commits any one or more of

19  the following violations:

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

21  the application for registration, certification, or any permit

22  or certificate issued under this chapter.

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

24  practice of the profession securing a license or certificate

25  of competency.

26         (c)  Failure by a certified elevator inspector to

27  provide to notify the department and the certificate of

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

29  days after the date of any inspection performed after the

30  initial certificate of operation is issued of a conveyance

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


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  1  provisions of the elevator safety code incorporated into the

  2  Florida Building Code.

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

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

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

  6  rules adopted thereunder.

  7         Section 7.  Section 399.061, Florida Statutes, is

  8  amended to read:

  9         399.061  Inspections; service maintenance contracts;

10  correction of deficiencies.--

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

12  this chapter must be annually inspected by a certified

13  elevator inspector through a third-party inspection service,

14  or by a municipality or county under contract with the

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

16  conveyance is maintained pursuant to a service maintenance

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

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

19  not employed by or otherwise associated with the maintenance

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

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

22  a service maintenance contract, an inspection is not required

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

24  verifying the existence, performance, and cancellation of each

25  service maintenance contract must be filed annually with the

26  division as prescribed by rule.

27         (b)  A statement verifying the existence and

28  performance of each service maintenance contract must be filed

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

30  Cancellation of a service maintenance contract must be

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


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  1  may inspect an elevator whenever necessary to ensure its safe

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

  3  available for a routine inspection.

  4         (2)  The division may employ state elevator inspectors

  5  to inspect an elevator whenever necessary to ensure its safe

  6  operation. The division may also employ state elevator

  7  inspectors to conduct any the inspections as required by this

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

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

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

11  elevator inspector is not available. Each state elevator

12  inspector shall be properly qualified as a certified elevator

13  inspector hold a certificate of competency issued by the

14  division.

15         (3)  Whenever the division determines from the results

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

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

18  the elevator or order the discontinuance of the use of the

19  elevator until the division determines by inspection that such

20  elevator has been satisfactorily repaired or replaced so that

21  the elevator may be operated in a safe manner.

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

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

24  division may issue an order to the elevator owner requiring

25  correction of the violation and reinspection of the elevator

26  evidencing the correction.

27         Section 8.  Section 399.07, Florida Statutes, is

28  amended to read:

29         399.07  Certificates of operation; temporary operation

30  permits; fees.--

31  


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

  2  until the elevator company supervisor signs an affidavit

  3  stating that the elevator company supervisor directly

  4  supervised construction or installation of the elevator.

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

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

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

  8  department may adopt rules establishing a procedure for

  9  certificate renewal. Certificates of operation may be renewed

10  only for vertical conveyances having a current satisfactory

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

12  certificate of operation is in violation of this chapter.

13  Certificate of operation renewal applications received by the

14  department after the date of expiration of the last current

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

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

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

18  renewal of certificates of operation. The fees must be

19  deposited into the Hotel and Restaurant Trust Fund. The

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

21  of certificates of operation.  The renewal period commences on

22  August 1 of each year.

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

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

25  a transparent cover.

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

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

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

29  operation filed with the department after expiration date of

30  the certificate must be accompanied by a delinquency fee of

31  $50 in addition to the annual renewal fee and any other fees


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

  2  Restaurant Trust Fund.

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

  4  permit authorizing the temporary use of an elevator during

  5  installation or alteration to an elevator company or general

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

  7  temporary operation permit may not be issued until the

  8  elevator has been inspected by a state elevator inspector and

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

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

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

12  electrical safety devices are installed and properly

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

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

15  temporary enclosure, the operating means must be by constant

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

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

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

19  operating speed of the elevator.

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

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

22  the discretion of the department.

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

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

25  elevator has not been finally approved by a state elevator

26  inspector, must be conspicuously posted in the elevator.

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

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

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

30  Trust Fund.

31  


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  1         (3)  The certificate of operation shall contain the

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

  3  in elevators.

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

  5  SMOKING" along with the international symbol for no smoking

  6  shall be conspicuously displayed within the interior of the

  7  elevator in the plain view of the public.

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

  9  authorized by this chapter operation permit, the operation or

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

11  prohibited until the elevator has passed the tests and

12  inspections required by this chapter and a certificate of

13  operation has been issued.

14         (6)  The department may suspend any certificate of

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

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

17  suspension remains in effect until the department receives

18  satisfactory results of an inspection performed by a certified

19  elevator inspector indicating determines, by inspection, that

20  the elevator has been brought into compliance.

21         Section 9.  Section 399.105, Florida Statutes, is

22  amended to read:

23         399.105  Administrative fines.--

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

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

26  requests of the department to determine whether the provisions

27  of a service maintenance contract and its implementation

28  ensure assure safe elevator operation is subject to an

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

30  other penalty provided by law.

31  


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  1         (2)  Any person who commences the operation,

  2  installation, relocation, or alteration of any elevator for

  3  which a permit or certificate is required by this chapter

  4  without having obtained from the department the permit or

  5  certificate is subject to an administrative fine not greater

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

  7  No fine may be imposed under this subsection for commencing

  8  installation without a construction permit if such permit is

  9  issued within 60 days after the actual commencement of

10  installation.

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

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

13  been sealed by the department is subject to an administrative

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

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

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

17  law.

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

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

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

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

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

23         (5)  All administrative fines collected shall be

24  deposited into the Hotel and Restaurant Trust Fund.

25         Section 10.  Subsection (2) of section 399.106, Florida

26  Statutes, is amended to read:

27         399.106  Elevator Safety Technical Advisory

28  Committee.--

29         (2)  The committee members shall serve staggered terms

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

31  


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

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

  3         Section 11.  Section 399.125, Florida Statutes, is

  4  amended to read:

  5         399.125  Reporting of elevator accidents or incidents;

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

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

  8  operation holder shall report the accident or incident to the

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

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

11  will subject the certificate of operation holder to an

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

13  amount not to exceed $1,000.

14         Section 12.  Section 399.13, Florida Statutes, is

15  amended to read:

16         399.13  Delegation of authority to municipalities or

17  counties.--

18         (1)  The department may enter into contracts with

19  municipalities or counties under which such municipalities or

20  counties will issue construction permits, temporary operation

21  permits, and certificates of operation; will provide for

22  inspection of elevators, including temporary operation

23  inspections; and will enforce the applicable provisions of the

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

25  municipality or county may choose to require inspections to be

26  performed by its own inspectors or by private certified

27  elevator inspectors. Each such agreement shall include a

28  provision that the municipality or county shall maintain for

29  inspection by the department copies of all applications for

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

31  proper records showing the number of certificates of operation


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  1  issued; shall include a provision that each required

  2  inspection be conducted by a certified elevator inspector the

  3  holder of a certificate of competency issued by the

  4  department; and may include such other provisions as the

  5  department deems necessary.

  6         (2)  The department may make inspections of elevators

  7  in such municipality or county for the purpose of determining

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

  9  cancel the contract with any municipality or county which the

10  department finds has failed to comply with such contract or

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

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

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

14  issued after October 1, 1990.

15         Section 13.  Subsection (1) of section 553.512, Florida

16  Statutes, is amended to read:

17         553.512  Modifications and waivers; advisory council.--

18         (1)  The Florida Building Commission shall provide by

19  regulation criteria for granting individual modifications of,

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

21  a determination of unnecessary, unreasonable, or extreme

22  hardship, provided such waivers shall not violate federal

23  accessibility laws and regulations and shall be reviewed by

24  the Accessibility Advisory Council. Notwithstanding any other

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

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

27  36.403(f)(1), a waiver shall be granted. The commission may

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

29  unless the applicant first demonstrates that she or he has

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

31  government zoning, subdivision regulations, or other


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  1  ordinances that prevent compliance therewith. Further, the

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

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

  4  minimum width of accessible parking spaces.

  5         Section 14.  Paragraph (b) of subsection (4) of section

  6  553.73, Florida Statutes, as amended by section 2 of chapter

  7  2001-372, Laws of Florida, is amended to read:

  8         553.73  Florida Building Code.--

  9         (4)

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

11  of this section, adopt amendments to the technical provisions

12  of the Florida Building Code which apply solely within the

13  jurisdiction of such government and which provide for more

14  stringent requirements than those specified in the Florida

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

16  government may adopt technical amendments that address local

17  needs if, provided:

18         1.  The local governing body determines, following a

19  public hearing which has been advertised in a newspaper of

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

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

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

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

24  demonstrates by evidence or data that the geographical

25  jurisdiction governed by the local governing body exhibits a

26  local need to strengthen the Florida Building Code beyond the

27  needs or regional variation addressed by the Florida Building

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

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

30  necessary to address the local need that local conditions

31  justify more stringent requirements than those specified in


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  1  the Florida Building Code for the protection of life and

  2  property.

  3         2.  Such additional requirements are not discriminatory

  4  against materials, products, or construction techniques of

  5  demonstrated capabilities.

  6         3.  Such additional requirements may not introduce a

  7  new subject not addressed in the Florida Building Code.

  8         4.  The enforcing agency shall make readily available,

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

10  section.

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

12  transmitted within 30 days by the adopting local government to

13  the commission.  The commission shall maintain copies of all

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

15  the public. Local technical amendments shall not become

16  effective until 30 days after the amendment has been received

17  and published by the commission.

18         6.  Any amendment to the Florida Building Code adopted

19  by a local government pursuant to this paragraph shall be

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

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

22  time, the commission shall review such amendment for

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

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

25  the amendment. The commission shall immediately notify the

26  respective local government of the rescission of any

27  amendment. After receiving such notice, the respective local

28  government may readopt the rescinded amendment pursuant to the

29  provisions of this paragraph.

30         7.  Each county and municipality desiring to make local

31  technical amendments to the Florida Building Code shall by


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  1  interlocal agreement establish a countywide compliance review

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

  3  adopted by a local government within the county pursuant to

  4  this paragraph, that is challenged by any substantially

  5  affected party for purposes of determining the amendment's

  6  compliance with this paragraph. If challenged, the local

  7  technical amendments shall not become effective until time for

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

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

10  order determining the adopted amendment is in compliance with

11  this subsection.

12         8.  If the compliance review board determines such

13  amendment is not in compliance with this paragraph, the

14  compliance review board shall notify such local government of

15  the noncompliance and that the amendment is invalid and

16  unenforceable until the local government corrects the

17  amendment to bring it into compliance. The local government

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

19  commission, which shall conduct a hearing under chapter 120

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

21  board determines such amendment to be in compliance with this

22  paragraph, any substantially affected party may appeal such

23  determination to the commission, which shall conduct a hearing

24  under chapter 120 and the uniform rules of procedure. Any such

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

26  the board's written determination. The commission shall

27  promptly refer the appeal to the Division of Administrative

28  Hearings for the assignment of an administrative law judge.

29  The administrative law judge shall conduct the required

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

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


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  1  commission shall enter a final order within 30 days

  2  thereafter. The provisions of chapter 120 and the uniform

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

  4  government adopting the amendment that is subject to challenge

  5  has the burden of proving that the amendment complies with

  6  this paragraph in proceedings before the compliance review

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

  8  commission are subject to judicial review pursuant to s.

  9  120.68. The compliance review board shall determine whether

10  its decisions apply to a respective local jurisdiction or

11  apply countywide.

12         9.8.  An amendment adopted under this paragraph shall

13  include a fiscal impact statement which documents the costs

14  and benefits of the proposed amendment.  Criteria for the

15  fiscal impact statement shall include the impact to local

16  government relative to enforcement, the impact to property and

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

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

19  a basis for challenging the amendment for compliance.

20         10.9.  In addition to subparagraphs 7. and 9. 8., the

21  commission may review any amendments adopted pursuant to this

22  subsection and make nonbinding recommendations related to

23  compliance of such amendments with this subsection.

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

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

26         553.74  Florida Building Commission.--

27         (1)  The Florida Building Commission is created and

28  shall be located within the Department of Community Affairs

29  for administrative purposes. Members shall be appointed by the

30  Governor subject to confirmation by the Senate. The commission

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


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

  2  and actively engaged in the profession.

  3         (b)  One structural engineer registered to practice in

  4  this state and actively engaged in the profession.

  5         (c)  One air-conditioning or mechanical contractor

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

  7  the profession.

  8         (d)  One electrical contractor certified to do business

  9  in this state and actively engaged in the profession.

10         (e)  One member from fire protection engineering or

11  technology who is actively engaged in the profession.

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

13  this state and actively engaged in the profession.

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

15  this state and actively engaged in the profession.

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

17  contractor certified to do business in this state and actively

18  engaged in the profession.

19         (i)  One residential contractor licensed to do business

20  in this state and actively engaged in the profession.

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

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

23         (k)  One member who represents the Department of

24  Insurance.

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

26  official.

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

28  persons with disabilities or a nationally chartered

29  organization of persons with disabilities with chapters in

30  this state.

31  


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  1         (n)  One member of the manufactured buildings industry

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

  3  engaged in the industry.

  4         (o)  One mechanical or electrical engineer registered

  5  to practice in this state and actively engaged in the

  6  profession.

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

  8  municipality or a charter county.

  9         (q)  One member of the building products manufacturing

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

11  actively engaged in the industry.

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

13  owners and managers industry who is actively engaged in

14  commercial building ownership or management.

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

16  insurance industry.

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

18  education.

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

20  

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

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

23  two full terms is eligible for reappointment to the commission

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

25         Section 16.  Subsection (7) is added to section 553.77,

26  Florida Statutes, to read:

27         553.77  Specific powers of the commission.--

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

29  process of rendering nonbinding interpretations of the Florida

30  Building Code.  The commission is specifically authorized to

31  refer interpretive issues to organizations that represent


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  1  those engaged in the construction industry.  The commission is

  2  directed to immediately implement the process prior to the

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

  4  Legislature that the commission create a process to refer

  5  questions to a small, rotating group of individuals licensed

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

  7  questions regarding the interpretation of code provisions.  It

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

  9  the expeditious resolution of the issues presented and

10  publication of the resulting interpretation on the Building

11  Code Information System.  Such interpretations are to be

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

13         Section 17.  Effective October 1, 2002, section

14  553.791, Florida Statutes, is created to read:

15         553.791  Alternative plans review and inspection.--

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

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

18  and any local technical amendments to the Florida Building

19  Code but does not include the applicable minimum fire

20  prevention and firesafety codes adopted pursuant to chapter

21  633.

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

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

24  structure for which permitting by a local enforcement agency

25  is required.

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

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

28  review of building plans to determine compliance with

29  applicable codes and those inspections required by law of each

30  phase of construction for which permitting by a local

31  


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  1  enforcement agency is required to determine compliance with

  2  applicable codes.

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

  4  the private provider identified in the permit application who

  5  reviews plans or performs inspections as provided by this

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

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

  8  certificate under part XII of chapter 468.

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

10  within the governing jurisdiction responsible for direct

11  regulatory administration or supervision of plans review,

12  enforcement, and inspection of any construction, erection,

13  alteration, demolition, or substantial improvement of, or

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

15  indicate compliance with applicable codes and includes any

16  duly authorized designee of such person.

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

18  and submitted application for:

19         1.  The requested building or construction permit.

20         2.  The plans reviewed by the private provider.

21         3.  The affidavit from the private provider required

22  pursuant to subsection (5).

23         4.  Any applicable fees.

24         5.  Any documents required by the local building

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

26  government approvals required by law.

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

28  engineer under chapter 471 or as an architect under chapter

29  481. For purposes of performing inspections under this section

30  for additions and alterations that are limited to 1000 square

31  feet or less to residential buildings, the term "private


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  1  provider" also includes a person who holds a standard

  2  certificate under part XII of chapter 468.

  3         (h)  "Request for certificate of occupancy or

  4  certificate of completion" means a properly completed and

  5  executed application for:

  6         1.  A certificate of occupancy or certificate of

  7  completion.

  8         2.  A certificate of compliance from the private

  9  provider required pursuant to subsection (10).

10         3.  Any applicable fees.

11         4.  Any documents required by the local building

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

13  government approvals required by law.

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

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

16  building code inspection services with regard to such building

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

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

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

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

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

22  review or required building inspections. The local building

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

24  adopted policies of the local enforcement agency, may require

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

26  private provider to provide both plans review and required

27  building inspection services.

28         (3)  A private provider and any duly authorized

29  representative may only perform building code inspection

30  services that are within the disciplines covered by that

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


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  1  471, or chapter 468. A private provider may not provide

  2  building code inspection services pursuant to this section

  3  upon any building designed or constructed by the private

  4  provider or the private provider's firm.

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

  6  building code inspection services shall notify the local

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

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

  9  following information:

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

11  provider.

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

13  facsimile number of each private provider who is performing or

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

15  certification number, qualification statements or resumes,

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

17  of insurance demonstrating that professional liability

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

19  firm, the private provider, and any duly authorized

20  representative in the amounts required by this section.

21         (c)  An acknowledgment from the fee owner in

22  substantially the following form:

23  

24         I have elected to use one or more private

25         providers to provide building code plans review

26         and/or inspection services on the building that

27         is the subject of the enclosed permit

28         application, as authorized by s. 553.791,

29         Florida Statutes.  I understand that the local

30         building official may not review the plans

31         submitted or perform the required building


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  1         inspections to determine compliance with the

  2         applicable codes, except to the extent

  3         specified in said law.  Instead, plans review

  4         and/or required building inspections will be

  5         performed by licensed or certified personnel

  6         identified in the application.  The law

  7         requires minimum insurance requirements for

  8         such personnel, but I understand that I may

  9         require more insurance to protect my interests.

10         By executing this form, I acknowledge that I

11         have made inquiry regarding the competence of

12         the licensed or certified personnel and the

13         level of their insurance and am satisfied that

14         my interests are adequately protected. I agree

15         to indemnify, defend, and hold harmless the

16         local government, the local building official,

17         and their building code enforcement personnel

18         from any and all claims arising from my use of

19         these licensed or certified personnel to

20         perform building code inspection services with

21         respect to the building that is the subject of

22         the enclosed permit application.

23  

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

25  providers or the services to be provided by those private

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

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

28         (5)  A private provider performing plans review under

29  this section shall review construction plans to determine

30  compliance with the applicable codes. Upon determining that

31  the plans reviewed comply with the applicable codes, the


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  1  private provider shall prepare an affidavit or affidavits on a

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

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

  4  provider's knowledge and belief:

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

  6  duly authorized to perform plans review pursuant to this

  7  section and holds the appropriate license or certificate.

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

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

10  permit application, the local building official shall issue

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

12  applicant identifying the specific plan features that do not

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

14  chapters and sections.  If the local building official does

15  not provide a written notice of the plan deficiencies within

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

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

18  issued by the local building official on the next business

19  day.

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

21  notice of plan deficiencies to the permit applicant within the

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

23  pending resolution of the matter.  To resolve the plan

24  deficiencies, the permit applicant may elect to dispute the

25  deficiencies pursuant to subsection (12) or to submit

26  revisions to correct the deficiencies.

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

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

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

30  to provide a second written notice to the permit applicant

31  stating which of the previously identified plan features


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  1  remain in noncompliance with the applicable codes, with

  2  specific reference to the relevant code chapters and sections.

  3  If the local building official does not provide the second

  4  written notice within the prescribed time period, the permit

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

  6  business day.

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

  8  written notice of plan deficiencies to the permit applicant

  9  within the prescribed time period, the permit applicant may

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

11  or to submit additional revisions to correct the deficiencies.

12  For all revisions submitted after the first revision, the

13  local building official has an additional 5 business days to

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

15  the permit applicant stating which of the previously

16  identified plan features remain in noncompliance with the

17  applicable codes, with specific reference to the relevant code

18  chapters and sections.

19         (7)  A private provider performing required inspections

20  under this section shall inspect each phase of construction as

21  required by the applicable codes. The private provider shall

22  be permitted to send a duly authorized representative to the

23  building site to perform the required inspections, provided

24  all required reports and certifications are prepared by and

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

26  contractual or legal obligations are not relieved by any

27  action of the private provider.

28         (8)  A private provider performing required inspections

29  under this section shall provide notice to the local building

30  official of the date and approximate time of any such

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


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

  2  building official in that jurisdiction.  The local building

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

  4  verify that the private provider is performing all required

  5  inspections.

  6         (9)  Upon completing the required inspections at each

  7  applicable phase of construction, the private provider shall

  8  record such inspections on a form acceptable to the local

  9  building official.  These inspection records shall reflect

10  those inspections required by the applicable codes of each

11  phase of construction for which permitting by a local

12  enforcement agency is required. The private provider, before

13  leaving the project site, shall post each completed inspection

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

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

16  Records of all required and completed inspections shall be

17  maintained at the building site at all times and made

18  available for review by the local building official.  The

19  private provider shall report to the local enforcement agency

20  any condition that poses an immediate threat to public safety

21  and welfare.

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

23  private provider shall prepare a certificate of compliance, on

24  a form acceptable to the local building official, summarizing

25  the inspections performed and including a written

26  representation, under oath, that the stated inspections have

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

28  knowledge and belief, the building construction inspected

29  complies with the approved plans and applicable codes.  The

30  statement required of the private provider shall be

31  substantially in the following form:


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  1  

  2         To the best of my knowledge and belief, the

  3         building components and site improvements

  4         outlined herein and inspected under my

  5         authority have been completed in conformance

  6         with the approved plans and the applicable

  7         codes.

  8  

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

10  for a certificate of occupancy or certificate of completion

11  and the applicant's presentation of a certificate of

12  compliance and approval of all other government approvals

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

14  certificate of occupancy or certificate of completion or

15  provide a notice to the applicant identifying the specific

16  deficiencies, as well as the specific code chapters and

17  sections.  If the local building official does not provide

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

19  the request for a certificate of occupancy or certificate of

20  completion shall be deemed granted and the certificate of

21  occupancy or certificate of completion shall be issued by the

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

23  any identified deficiencies, the applicant may elect to

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

25  submit a corrected request for a certificate of occupancy or

26  certificate of completion.

27         (12)  If the local building official determines that

28  the building construction or plans do not comply with the

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

30  for a certificate of occupancy or certificate of completion,

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


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

  2  noncompliance poses a threat to public safety and welfare,

  3  subject to the following:

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

  5  meet with the private provider within 2 business days to

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

  7  providing notice to the applicant denying a permit or request

  8  for a certificate of occupancy or certificate of completion.

  9         (b)  If the local building official and private

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

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

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

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

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

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

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

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

18  decisions regarding the issuance of a building permit,

19  certificate of occupancy, or certificate of completion may be

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

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

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

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

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

25  commission's next scheduled meeting.

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

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

28  be provided to the person or entity when successfully

29  transmitted to the facsimile number listed for that person or

30  entity in the permit application or revised permit

31  


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

  2  actually received by that person or entity.

  3         (14)  No local enforcement agency, local building

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

  5  rules, procedures, or standards more stringent than those

  6  prescribed by this section.

  7         (15)  A private provider may perform building code

  8  inspection services under this section only if the private

  9  provider maintains insurance for professional and

10  comprehensive general liability with minimum policy limits of

11  $1 million per occurrence relating to all services performed

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

13  of 5 years subsequent to the performance of building code

14  inspection services.

15         (16)  When performing building code inspection

16  services, a private provider is subject to the disciplinary

17  guidelines of the applicable professional board with

18  jurisdiction over his or her license or certification under

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

20  providers shall be subject to the disciplinary guidelines of

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

22  investigation, and discipline that arise out of a private

23  provider's performance of building code inspection services

24  shall be conducted by the applicable professional board.

25         (17)  Each local building code enforcement agency shall

26  develop and maintain a process to audit the performance of

27  building code inspection services by private providers

28  operating within the local jurisdiction.

29         (18)  The local government, the local building

30  official, and their building code enforcement personnel shall

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


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

  2  provider or its duly authorized representative, in connection

  3  with building code inspection services as authorized in this

  4  act.

  5         (19)  The Florida Building Commission shall report on

  6  the implementation of this section to the Legislature on or

  7  before January 1, 2004, as part of the report required by s.

  8  553.77(1)(b).

  9         Section 18.  Paragraph (a) of subsection (6) of section

10  553.842, Florida Statutes, is amended to read:

11         553.842  Product evaluation and approval.--

12         (6)  Statewide or local approval of products, methods,

13  or systems of construction may be achieved by one of the

14  following methods. One of these methods must be used by local

15  officials or the commission to approve the following

16  categories of products:  panel walls, exterior doors, roofing,

17  skylights, windows, shutters, and structural components as

18  established by the commission by rule.

19         (a)  Products for which the code establishes

20  standardized testing or comparative or rational analysis

21  methods shall be approved by submittal and validation of one

22  of the following reports or listings indicating that the

23  product or method or system of construction was evaluated to

24  be in compliance with the Florida Building Code and that the

25  product or method or system of construction is, for the

26  purpose intended, at least equivalent to that required by the

27  Florida Building Code:

28         1.  A certification mark or listing of an approved

29  certification agency;

30         2.  A test report from an approved testing laboratory;

31  


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  1         3.  A product evaluation report based upon testing or

  2  comparative or rational analysis, or a combination thereof,

  3  from an approved product evaluation entity; or

  4         4.  A product evaluation report based upon testing or

  5  comparative or rational analysis, or a combination thereof,

  6  developed and signed and sealed by a professional engineer or

  7  architect, licensed in this state.

  8  

  9  A product evaluation report or a certification mark or listing

10  of an approved certification agency which demonstrates that

11  the product or method or system of construction complies with

12  the Florida Building Code for the purpose intended shall be

13  equivalent to a test report and test procedure as referenced

14  in the Florida Building Code.

15         Section 19.  Section 604.50, Florida Statutes, is

16  amended to read:

17         604.50  Nonresidential farm buildings.--Notwithstanding

18  any other law to the contrary, any nonresidential farm

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

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

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

22  any building or support structure that is used for

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

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

25  integral part of a farm operation or is classified as

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

27  defined in s. 823.14.

28         Section 20.  Subsection (1) of section 627.0629,

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

30  Florida, is amended to read:

31  


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  1         627.0629  Residential property insurance; rate

  2  filings.--

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

  4  residential property insurance must include actuarially

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

  6  appropriate reductions in deductibles, for properties on which

  7  fixtures or construction techniques demonstrated to reduce the

  8  amount of loss in a windstorm have been installed or

  9  implemented. The fixtures or construction techniques shall

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

11  techniques which enhance roof strength, roof covering

12  performance, roof-to-wall strength,

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

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

15  other rate differentials for fixtures and construction

16  techniques which meet the minimum requirements of the Florida

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

18  insurance companies must make a rate filing which includes the

19  credits, discounts, or other rate differentials by February

20  28, 2003.

21         Section 21.  Except as otherwise expressly provided in

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

23  

24  

25  

26  

27  

28  

29  

30  

31  


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