August 25, 2019
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       Florida Senate - 2010                                     SB 648
       
       
       
       By Senator Bennett
       
       
       
       
       21-00341E-10                                           2010648__
    1                        A bill to be entitled                      
    2         An act relating to building safety; amending s.
    3         399.02, F.S.; exempting certain elevators from
    4         provisions requiring modifications to heat sensors and
    5         electronic controls; amending s. 399.15, F.S.;
    6         providing an alternative method to allow access to
    7         regional emergency elevators; providing for a uniform
    8         lock box; providing for a master key; providing the
    9         Division of State Fire Marshal with enforcement
   10         authority; directing the Department of Financial
   11         Services to select the provider of the uniform lock
   12         box; amending s. 468.8311, F.S.; revising the term
   13         “home inspection services” to include the visual
   14         examination of additional components; amending s.
   15         468.8312, F.S.; providing for fee increases for home
   16         inspection licenses; amending s. 468.8319, F.S.;
   17         revising certain prohibitions with respect to
   18         providers of home inspection services; amending s.
   19         468.832, F.S.; authorizing the Department of Business
   20         and Professional Regulation to impose penalties
   21         against a licensee found guilty of certain violations;
   22         amending s. 468.8324, F.S.; providing additional
   23         requirements for licensure as a home inspector;
   24         repealing ss. 481.215(5) and 481.313(5), F.S.,
   25         relating to the renewal of licenses for interior
   26         designers and landscape architects, respectively;
   27         amending s. 553.37, F.S.; authorizing manufacturers to
   28         pay inspection fees directly to the provider of
   29         inspection services; providing requirements for
   30         department rules regarding the schedule of fees;
   31         authorizing the department to enter into contracts for
   32         the performance of certain administrative duties;
   33         revising inspection requirements for certain custom
   34         manufactured buildings; amending s. 553.375, F.S.;
   35         revising the requirement for recertification of
   36         manufactured buildings prior to relocation; amending
   37         s. 553.509, F.S.; deleting requirements for alternate
   38         power sources for elevators for purposes of operating
   39         during an emergency; amending s. 553.73, F.S.;
   40         authorizing the Florida Building Commission to approve
   41         amendments relating to equivalency of standards;
   42         authorizing the commission to approve amendments
   43         necessary to accommodate state agency rules to meet
   44         federal requirements for design criteria relating to
   45         public educational facilities and state-licensed
   46         facilities; exempting certain mausoleums from the
   47         requirements of the Florida Building Code; exempting
   48         certain temporary housing provided by the Department
   49         of Corrections from the requirements of the Florida
   50         Building Code; restricting the code or a code
   51         enforcement agency from imposing requirements on
   52         certain air conditioning systems; requiring that the
   53         Florida Building Code contain certain requirements
   54         regarding illumination in classroom units; requiring
   55         that classroom units be designed to provide and
   56         maintain an average of 40 foot-candles of light at
   57         each desktop; requiring that public educational
   58         facilities consider using light-emitting diode
   59         lighting before considering other lighting sources;
   60         amending s. 553.76, F.S.; authorizing the Florida
   61         Building Commission to adopt rules related to
   62         consensus-building decisionmaking; amending s.
   63         553.775, F.S.; authorizing the commission to charge a
   64         fee for nonbinding interpretations; amending s.
   65         553.79, F.S.; requiring that state agencies enter into
   66         contracts for inspection services under the
   67         alternative plans review and inspection process or
   68         with a local governmental entity; reenacting s.
   69         553.80(1), F.S., relating to the enforcement of the
   70         Florida Building Code, to incorporate the amendments
   71         made to s. 553.79, F.S., in a reference thereto;
   72         amending s. 553.841, F.S.; deleting provisions
   73         requiring that the Department of Community Affairs
   74         maintain, update, develop, or cause to be developed a
   75         core curriculum for persons who enforce the Florida
   76         Building Code; amending s. 553.842, F.S.; authorizing
   77         rules requiring the payment of product evaluation fees
   78         directly to the administrator of the product
   79         evaluation and approval system; requiring that the
   80         provider remit a portion of the fees to the department
   81         to cover its costs; providing requirements for the
   82         approval of applications for state approval of a
   83         product; providing for certain approved products to be
   84         immediately added to the list of state-approved
   85         products; requiring that the commission’s oversight
   86         committee review approved products; revising the list
   87         of approved evaluation entities; deleting obsolete
   88         provisions governing evaluation entities; amending s.
   89         553.844, F.S.; providing an exemption from the
   90         requirements regarding roof and opening protections
   91         for certain exposed mechanical equipment or
   92         appliances; providing for future expiration; amending
   93         s. 553.885, F.S.; revising requirements for carbon
   94         monoxide alarms; providing an exception for buildings
   95         undergoing alterations or repairs; defining the term
   96         “addition” as it relates to the requirement of a
   97         carbon monoxide alarm; amending s. 553.9061, F.S.;
   98         revising the energy-efficiency performance options and
   99         elements identified by the commission for purposes of
  100         meeting certain goals; amending s. 553.909, F.S.;
  101         revising requirements for pool pump motors to conform
  102         to federal law; amending s. 627.711, F.S.; conforming
  103         provisions to changes made by the act in which core
  104         curriculum courses relating to the Florida Building
  105         Code are deleted; amending s. 633.0215, F.S.;
  106         providing guidelines for the State Fire Marshal to
  107         apply when issuing an expedited declaratory statement;
  108         requiring that the State Fire Marshal issue an
  109         expedited declaratory statement under certain
  110         circumstances; providing requirements for a petition
  111         requesting an expedited declaratory statement;
  112         amending s. 633.026, F.S.; providing legislative
  113         intent; providing for the establishment of the Fire
  114         Code Interpretation Committee; providing for the
  115         membership of the committee and requirements for
  116         membership; requiring that nonbinding interpretations
  117         of the Florida Fire Prevention Code be issued within a
  118         specified period after a request is received;
  119         providing for the waiver of such requirement under
  120         certain conditions; requiring that the Division of
  121         State Fire Marshal charge a fee for nonbinding
  122         interpretations; providing that fees may be paid
  123         directly to a contract provider; providing
  124         requirements for requesting a nonbinding
  125         interpretation; requiring that the Division of State
  126         Fire Marshal develop a form for submitting a petition
  127         for a nonbinding interpretation; providing for a
  128         formal interpretation by the State Fire Marshal;
  129         requiring that an interpretation of the Florida Fire
  130         Prevention Code be published on the division’s website
  131         and in the Florida Administrative Weekly; amending s.
  132         633.081, F.S.; requiring that the State Fire Marshal
  133         inspect a building when the State Fire Marshal, rather
  134         than the Department of Financial Services, has cause
  135         to believe a violation has occurred; requiring that
  136         the Division of State Fire Marshal and the Florida
  137         Building Code Administrator and Inspectors Board enter
  138         into a reciprocity agreement for purposes of
  139         recertifying building code inspectors, plan
  140         inspectors, building code administrators, and
  141         firesafety inspectors; requiring that the State Fire
  142         Marshal develop by rule an advanced training and
  143         certification program for firesafety inspectors who
  144         have fire code management responsibilities; requiring
  145         that the program be consistent with certain standards
  146         and establish minimum training, education, and
  147         experience levels for such firesafety inspectors;
  148         amending s. 633.352, F.S.; providing an exception to
  149         requirements for recertification as a firefighter;
  150         amending s. 633.521, F.S.; revising requirements for
  151         certification as a fire protection system contractor;
  152         revising the prerequisites for taking the
  153         certification examination; authorizing the State Fire
  154         Marshal to accept more than one source of professional
  155         certification; revising legislative intent; amending
  156         s. 633.524, F.S.; authorizing the State Fire Marshal
  157         to enter into contracts for examination services;
  158         providing for the direct payment of examination fees
  159         to contract providers; amending s. 633.537, F.S.;
  160         revising the continuing education requirements for
  161         certain permitholders; amending 633.72, F.S.; revising
  162         the terms of service for members of the Fire Code
  163         Advisory Council; repealing s. 718.113(6), F.S.,
  164         relating to requirements for 5-year inspections of
  165         certain condominium improvements; directing the
  166         Florida Building Commission to conform provisions of
  167         the Florida Building Code with revisions made by the
  168         act relating to the operation of elevators; providing
  169         effective dates.
  170  
  171  Be It Enacted by the Legislature of the State of Florida:
  172  
  173         Section 1. Subsection (6) of section 399.02, Florida
  174  Statutes, is amended to read:
  175         399.02 General requirements.—
  176         (6) The department is empowered to carry out all of the
  177  provisions of this chapter relating to the inspection and
  178  regulation of elevators and to enforce the provisions of the
  179  Florida Building Code, except that updates to the code requiring
  180  modifications for heat sensors and electronic controls on
  181  existing elevators, as amended into the Safety Code for Existing
  182  Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
  183  enforced on elevators issued a certificate of operation by the
  184  department before July 1, 2009, until the elevator is replaced.
  185  This exception does not apply to any building for which a
  186  building permit was issued on or after July 1, 2009.
  187         Section 2. Present subsection (7) of section 399.15,
  188  Florida Statutes, is redesignated as subsection (8), and a new
  189  subsection (7) is added to that section, to read:
  190         399.15 Regional emergency elevator access.—
  191         (7) As an alternative to complying with the requirements of
  192  subsection (1), each building in this state which is required to
  193  meet the provisions of subsections (1) and (2) may instead
  194  provide for the installation of a uniform lock box that contains
  195  the keys to all elevators in the building allowing public
  196  access, including service and freight elevators. The uniform
  197  lock box must be keyed to allow all uniform lock boxes in each
  198  of the seven state emergency response regions to operate in fire
  199  emergency situations using one master key. The master key for
  200  the uniform lock shall be issued only to the fire department.
  201  The Division of State Fire Marshal of the Department of
  202  Financial Services shall enforce this subsection. The Department
  203  of Financial Services shall select the provider of the uniform
  204  lock box to be installed in each building in which the
  205  requirements of this subsection are implemented.
  206         Section 3. Effective July 1, 2011, subsection (4) of
  207  section 468.8311, Florida Statutes, is amended to read:
  208         468.8311 Definitions.—As used in this part, the term:
  209         (4) “Home inspection services” means a limited visual
  210  examination of one or more of the following readily accessible
  211  installed systems and components of a home: the structure,
  212  electrical system, HVAC system, roof covering, plumbing system,
  213  interior components, windows, doors, walls, floors, ceilings,
  214  exterior components, and site conditions that affect the
  215  structure, for the purposes of providing a written professional
  216  opinion of the condition of the home.
  217         Section 4. Effective July 1, 2011, section 468.8312,
  218  Florida Statutes, is amended to read:
  219         468.8312 Fees.—
  220         (1) The department, by rule, may establish fees to be paid
  221  for applications, examination, reexamination, licensing and
  222  renewal, inactive status application and reactivation of
  223  inactive licenses, recordkeeping, and applications for providers
  224  of continuing education. The department may also establish by
  225  rule a delinquency fee. Fees shall be based on department
  226  estimates of the revenue required to implement the provisions of
  227  this part. All fees shall be remitted with the appropriate
  228  application, examination, or license.
  229         (2) The initial application and examination fee shall not
  230  exceed $250 $125 plus the actual per applicant cost to the
  231  department to purchase an examination, if the department chooses
  232  to purchase the examination. The examination fee shall be in an
  233  amount that covers the cost of obtaining and administering the
  234  examination and shall be refunded if the applicant is found
  235  ineligible to sit for the examination. The application fee shall
  236  be nonrefundable.
  237         (3) The initial license fee shall not exceed $400 $200.
  238         (4) The fee for a certificate of authorization shall not
  239  exceed $250 $125.
  240         (5) The biennial renewal fee shall not exceed $400 $200.
  241         (6) The fee for licensure by endorsement shall not exceed
  242  $400 $200.
  243         (7) The fee for application for inactive status or for
  244  reactivation of an inactive license shall not exceed $400 $200.
  245         (8) The fee for applications from providers of continuing
  246  education may not exceed $500.
  247         Section 5. Effective July 1, 2011, section 468.8319,
  248  Florida Statutes, is amended to read:
  249         468.8319 Prohibitions; penalties.—
  250         (1) A person A home inspector, a company that employs a
  251  home inspector, or a company that is controlled by a company
  252  that also has a financial interest in a company employing a home
  253  inspector may not:
  254         (a) Practice or offer to practice home inspection services
  255  unless the person has complied with the provisions of this part;
  256         (b) Use the name or title “certified home inspector,”
  257  “registered home inspector,” “licensed home inspector,” “home
  258  inspector,” “professional home inspector,” or any combination
  259  thereof unless the person has complied with the provisions of
  260  this part;
  261         (c) Present as his or her own the license of another;
  262         (d) Knowingly give false or forged evidence to the
  263  department or an employee thereof;
  264         (e) Use or attempt to use a license that has been suspended
  265  or revoked;
  266         (f) Perform or offer to perform, prior to closing, for any
  267  additional fee, any repairs to a home on which the inspector or
  268  the inspector’s company has prepared a home inspection report.
  269  This paragraph does not apply to a home warranty company that is
  270  affiliated with or retains a home inspector to perform repairs
  271  pursuant to a claim made under a home warranty contract;
  272         (g) Inspect for a fee any property in which the inspector
  273  or the inspector’s company has any financial or transfer
  274  interest;
  275         (h) Offer or deliver any compensation, inducement, or
  276  reward to any broker or agent therefor for the referral of the
  277  owner of the inspected property to the inspector or the
  278  inspection company; or
  279         (i) Accept an engagement to make an omission or prepare a
  280  report in which the inspection itself, or the fee payable for
  281  the inspection, is contingent upon either the conclusions in the
  282  report, preestablished findings, or the close of escrow.
  283         (2) Any person who is found to be in violation of any
  284  provision of this section commits a misdemeanor of the first
  285  degree, punishable as provided in s. 775.082 or s. 775.083.
  286         Section 6. Effective July 1, 2011, section 468.832, Florida
  287  Statutes, is amended to read:
  288         468.832 Disciplinary proceedings.—
  289         (1) The following acts constitute grounds for which the
  290  disciplinary actions in subsection (2) may be taken:
  291         (a) Violation of any provision of this part or s.
  292  455.227(1);
  293         (b) Attempting to procure a license to practice home
  294  inspection services by bribery or fraudulent misrepresentation;
  295         (c) Having a license to practice home inspection services
  296  revoked, suspended, or otherwise acted against, including the
  297  denial of licensure, by the licensing authority of another
  298  state, territory, or country;
  299         (d) Being convicted or found guilty of, or entering a plea
  300  of nolo contendere to, regardless of adjudication, a crime in
  301  any jurisdiction that directly relates to the practice of home
  302  inspection services or the ability to practice home inspection
  303  services;
  304         (e) Making or filing a report or record that the licensee
  305  knows to be false, willfully failing to file a report or record
  306  required by state or federal law, willfully impeding or
  307  obstructing such filing, or inducing another person to impede or
  308  obstruct such filing. Such reports or records shall include only
  309  those that are signed in the capacity of a licensed home
  310  inspector;
  311         (f) Advertising goods or services in a manner that is
  312  fraudulent, false, deceptive, or misleading in form or content;
  313         (g) Engaging in fraud or deceit, or negligence,
  314  incompetency, or misconduct, in the practice of home inspection
  315  services;
  316         (h) Failing to perform any statutory or legal obligation
  317  placed upon a licensed home inspector; violating any provision
  318  of this chapter, a rule of the department, or a lawful order of
  319  the department previously entered in a disciplinary hearing; or
  320  failing to comply with a lawfully issued subpoena of the
  321  department; or
  322         (i) Practicing on a revoked, suspended, inactive, or
  323  delinquent license.
  324         (2) When the department finds any licensee home inspector
  325  guilty of any of the grounds set forth in subsection (1), it may
  326  enter an order imposing one or more of the following penalties:
  327         (a) Denial of an application for licensure.
  328         (b) Revocation or suspension of a license.
  329         (c) Imposition of an administrative fine not to exceed
  330  $5,000 for each count or separate offense.
  331         (d) Issuance of a reprimand.
  332         (e) Placement of the home inspector on probation for a
  333  period of time and subject to such conditions as the department
  334  may specify.
  335         (f) Restriction of the authorized scope of practice by the
  336  home inspector.
  337         (3) In addition to any other sanction imposed under this
  338  part, in any final order that imposes sanctions, the department
  339  may assess costs related to the investigation and prosecution of
  340  the case.
  341         Section 7. Section 468.8324, Florida Statutes, is amended
  342  to read:
  343         468.8324 Grandfather clause.—A person who performs home
  344  inspection services as defined in this part before July 1, 2011,
  345  may qualify to be licensed by the department as a home inspector
  346  if the person meets the licensure requirements of this part, and
  347  if the person has: by July 1, 2010.
  348         (1) Received compensation as a home inspector for not less
  349  than 1 year prior to July 1, 2011; or
  350         (2) Performed no fewer than 50 home inspections and
  351  received compensation for such inspections prior to July 1,
  352  2011.
  353         Section 8. Subsection (5) of section 481.215, Florida
  354  Statutes, is repealed.
  355         Section 9. Subsection (5) of section 481.313, Florida
  356  Statutes, is repealed.
  357         Section 10. Subsections (2), (8), and (9) of section
  358  553.37, Florida Statutes, are amended, and subsection (12) is
  359  added to that section, to read:
  360         553.37 Rules; inspections; and insignia.—
  361         (2) The department shall adopt rules to address:
  362         (a) Procedures and qualifications for approval of third
  363  party plan review and inspection agencies and of those who
  364  perform inspections and plan reviews.
  365         (b) Investigation of consumer complaints of noncompliance
  366  of manufactured buildings with the Florida Building Code and the
  367  Florida Fire Prevention Code.
  368         (c) Issuance, cancellation, and revocation of any insignia
  369  issued by the department and procedures for auditing and
  370  accounting for disposition of them.
  371         (d) Monitoring the manufacturers’, inspection agencies’,
  372  and plan review agencies’ compliance with this part and the
  373  Florida Building Code. Monitoring may include, but is not
  374  limited to, performing audits of plans, inspections of
  375  manufacturing facilities and observation of the manufacturing
  376  and inspection process, and onsite inspections of buildings.
  377         (e) The performance by the department and its designees and
  378  contractors of any other functions required by this part. All
  379  fees paid by product manufacturers shall be used for the sole
  380  purpose of funding the state product approval system.
  381         (8) The department, by rule, shall establish a schedule of
  382  fees to pay the cost of the administration and enforcement of
  383  this part. The rule may provide for manufacturers to pay fees,
  384  including charges incurred for plan review and inspection
  385  services, to the administrator directly via the Building Code
  386  Information System and for the administrator to disburse the
  387  funds as necessary.
  388         (9) The department may delegate its enforcement authority
  389  to a state department having building construction
  390  responsibilities or a local government, and may enter into
  391  contracts for the performance of its administrative duties under
  392  this part. The department may delegate its plan review and
  393  inspection authority to one or more of the following in any
  394  combination:
  395         (a) A state department having building construction
  396  responsibilities;
  397         (b) A local government;
  398         (c) An approved inspection agency;
  399         (d) An approved plan review agency; or
  400         (e) An agency of another state.
  401         (12) Custom or one-of-a-kind prototype manufactured
  402  buildings are not required to have state approval, but must be
  403  in compliance with all local requirements of the governmental
  404  agency having jurisdiction at the installation site.
  405         Section 11. Section 553.375, Florida Statutes, is amended
  406  to read:
  407         553.375 Recertification of manufactured buildings.—Prior to
  408  the relocation to a site that has a higher design wind speed,
  409  modification, or change of occupancy of a manufactured building
  410  within the state, the manufacturer, dealer, or owner thereof may
  411  apply to the department for recertification of that manufactured
  412  building. The department shall, by rule, provide what
  413  information the applicant must submit for recertification and
  414  for plan review and inspection of such manufactured buildings
  415  and shall establish fees for recertification. Upon a
  416  determination by the department that the manufactured building
  417  complies with the applicable building codes, the department
  418  shall issue a recertification insignia. A manufactured building
  419  that bears recertification insignia does not require any
  420  additional approval by an enforcement jurisdiction in which the
  421  building is sold or installed, and is considered to comply with
  422  all applicable codes. As an alternative to recertification by
  423  the department, the manufacturer, dealer, or owner of a
  424  manufactured building may seek appropriate permitting and a
  425  certificate of occupancy from the local jurisdiction in
  426  accordance with procedures generally applicable under the
  427  Florida Building Code.
  428         Section 12. Section 553.509, Florida Statutes, is amended
  429  to read:
  430         553.509 Vertical accessibility.—
  431         (1) Nothing in ss. 553.501-553.513 or the guidelines shall
  432  be construed to relieve the owner of any building, structure, or
  433  facility governed by those sections from the duty to provide
  434  vertical accessibility to all levels above and below the
  435  occupiable grade level, regardless of whether the guidelines
  436  require an elevator to be installed in such building, structure,
  437  or facility, except for:
  438         (1)(a) Elevator pits, elevator penthouses, mechanical
  439  rooms, piping or equipment catwalks, and automobile lubrication
  440  and maintenance pits and platforms;
  441         (2)(b) Unoccupiable spaces, such as rooms, enclosed spaces,
  442  and storage spaces that are not designed for human occupancy,
  443  for public accommodations, or for work areas; and
  444         (3)(c) Occupiable spaces and rooms that are not open to the
  445  public and that house no more than five persons, including, but
  446  not limited to, equipment control rooms and projection booths.
  447         (2)(a) Any person, firm, or corporation that owns, manages,
  448  or operates a residential multifamily dwelling, including a
  449  condominium, that is at least 75 feet high and contains a public
  450  elevator, as described in s. 399.035(2) and (3) and rules
  451  adopted by the Florida Building Commission, shall have at least
  452  one public elevator that is capable of operating on an alternate
  453  power source for emergency purposes. Alternate power shall be
  454  available for the purpose of allowing all residents access for a
  455  specified number of hours each day over a 5-day period following
  456  a natural disaster, manmade disaster, emergency, or other civil
  457  disturbance that disrupts the normal supply of electricity. The
  458  alternate power source that controls elevator operations must
  459  also be capable of powering any connected fire alarm system in
  460  the building.
  461         (b) At a minimum, the elevator must be appropriately
  462  prewired and prepared to accept an alternate power source and
  463  must have a connection on the line side of the main disconnect,
  464  pursuant to National Electric Code Handbook, Article 700. In
  465  addition to the required power source for the elevator and
  466  connected fire alarm system in the building, the alternate power
  467  supply must be sufficient to provide emergency lighting to the
  468  interior lobbies, hallways, and other portions of the building
  469  used by the public. Residential multifamily dwellings must have
  470  an available generator and fuel source on the property or have
  471  proof of a current contract posted in the elevator machine room
  472  or other place conspicuous to the elevator inspector affirming a
  473  current guaranteed service contract for such equipment and fuel
  474  source to operate the elevator on an on-call basis within 24
  475  hours after a request. By December 31, 2006, any person, firm or
  476  corporation that owns, manages, or operates a residential
  477  multifamily dwelling as defined in paragraph (a) must provide to
  478  the local building inspection agency verification of engineering
  479  plans for residential multifamily dwellings that provide for the
  480  capability to generate power by alternate means. Compliance with
  481  installation requirements and operational capability
  482  requirements must be verified by local building inspectors and
  483  reported to the county emergency management agency by December
  484  31, 2007.
  485         (c) Each newly constructed residential multifamily
  486  dwelling, including a condominium, that is at least 75 feet high
  487  and contains a public elevator, as described in s. 399.035(2)
  488  and (3) and rules adopted by the Florida Building Commission,
  489  must have at least one public elevator that is capable of
  490  operating on an alternate power source for the purpose of
  491  allowing all residents access for a specified number of hours
  492  each day over a 5-day period following a natural disaster,
  493  manmade disaster, emergency, or other civil disturbance that
  494  disrupts the normal supply of electricity. The alternate power
  495  source that controls elevator operations must be capable of
  496  powering any connected fire alarm system in the building. In
  497  addition to the required power source for the elevator and
  498  connected fire alarm system, the alternate power supply must be
  499  sufficient to provide emergency lighting to the interior
  500  lobbies, hallways, and other portions of the building used by
  501  the public. Engineering plans and verification of operational
  502  capability must be provided by the local building inspector to
  503  the county emergency management agency before occupancy of the
  504  newly constructed building.
  505         (d) Each person, firm, or corporation that is required to
  506  maintain an alternate power source under this subsection shall
  507  maintain a written emergency operations plan that details the
  508  sequence of operations before, during, and after a natural or
  509  manmade disaster or other emergency situation. The plan must
  510  include, at a minimum, a lifesafety plan for evacuation,
  511  maintenance of the electrical and lighting supply, and
  512  provisions for the health, safety, and welfare of the residents.
  513  In addition, the owner, manager, or operator of the residential
  514  multifamily dwelling must keep written records of any contracts
  515  for alternative power generation equipment. Also, quarterly
  516  inspection records of lifesafety equipment and alternate power
  517  generation equipment must be posted in the elevator machine room
  518  or other place conspicuous to the elevator inspector, which
  519  confirm that such equipment is properly maintained and in good
  520  working condition, and copies of contracts for alternate power
  521  generation equipment shall be maintained on site for
  522  verification. The written emergency operations plan and
  523  inspection records shall also be open for periodic inspection by
  524  local and state government agencies as deemed necessary. The
  525  owner or operator must keep a generator key in a lockbox posted
  526  at or near any installed generator unit.
  527         (e) Multistory affordable residential dwellings for persons
  528  age 62 and older that are financed or insured by the United
  529  States Department of Housing and Urban Development must make
  530  every effort to obtain grant funding from the Federal Government
  531  or the Florida Housing Finance Corporation to comply with this
  532  subsection. If an owner of such a residential dwelling cannot
  533  comply with the requirements of this subsection, the owner must
  534  develop a plan with the local emergency management agency to
  535  ensure that residents are evacuated to a place of safety in the
  536  event of a power outage resulting from a natural or manmade
  537  disaster or other emergency situation that disrupts the normal
  538  supply of electricity for an extended period of time. A place of
  539  safety may include, but is not limited to, relocation to an
  540  alternative site within the building or evacuation to a local
  541  shelter.
  542         (f) As a part of the annual elevator inspection required
  543  under s. 399.061, certified elevator inspectors shall confirm
  544  that all installed generators required by this chapter are in
  545  working order, have current inspection records posted in the
  546  elevator machine room or other place conspicuous to the elevator
  547  inspector, and that the required generator key is present in the
  548  lockbox posted at or near the installed generator. If a building
  549  does not have an installed generator, the inspector shall
  550  confirm that the appropriate prewiring and switching
  551  capabilities are present and that a statement is posted in the
  552  elevator machine room or other place conspicuous to the elevator
  553  inspector affirming a current guaranteed contract exists for
  554  contingent services for alternate power is current for the
  555  operating period.
  556  
  557  However, buildings, structures, and facilities must, at as a
  558  minimum, comply with the requirements in the Americans with
  559  Disabilities Act Accessibility Guidelines.
  560         Section 13. Subsections (7) and (9) of section 553.73,
  561  Florida Statutes, are amended, and subsections (14) and (15) are
  562  added to that section, to read:
  563         553.73 Florida Building Code.—
  564         (7) Notwithstanding the provisions of subsection (3) or
  565  subsection (6), the commission may address issues identified in
  566  this subsection by amending the code pursuant only to the rule
  567  adoption procedures contained in chapter 120. Provisions of the
  568  Florida Building Code, including those contained in referenced
  569  standards and criteria, relating to wind resistance or the
  570  prevention of water intrusion may not be amended pursuant to
  571  this subsection to diminish those construction requirements;
  572  however, the commission may, subject to conditions in this
  573  subsection, amend the provisions to enhance those construction
  574  requirements. Following the approval of any amendments to the
  575  Florida Building Code by the commission and publication of the
  576  amendments on the commission’s website, authorities having
  577  jurisdiction to enforce the Florida Building Code may enforce
  578  the amendments. The commission may approve amendments that are
  579  needed to address:
  580         (a) Conflicts within the updated code;
  581         (b) Conflicts between the updated code and the Florida Fire
  582  Prevention Code adopted pursuant to chapter 633;
  583         (c) The omission of previously adopted Florida-specific
  584  amendments to the updated code if such omission is not supported
  585  by a specific recommendation of a technical advisory committee
  586  or particular action by the commission;
  587         (d) Unintended results from the integration of previously
  588  adopted Florida-specific amendments with the model code;
  589         (e) Equivalency of standards;
  590         (f) The specific needs of state agencies when agency rules
  591  must be updated to reflect federal requirements relating to
  592  design criteria for public educational facilities and state
  593  licensed facilities;
  594         (g)(e) Changes to or inconsistencies with federal or state
  595  law; or
  596         (h)(f) Adoption of an updated edition of the National
  597  Electrical Code if the commission finds that delay of
  598  implementing the updated edition causes undue hardship to
  599  stakeholders or otherwise threatens the public health, safety,
  600  and welfare.
  601         (9) The following buildings, structures, and facilities are
  602  exempt from the Florida Building Code as provided by law, and
  603  any further exemptions shall be as determined by the Legislature
  604  and provided by law:
  605         (a) Buildings and structures specifically regulated and
  606  preempted by the Federal Government.
  607         (b) Railroads and ancillary facilities associated with the
  608  railroad.
  609         (c) Nonresidential farm buildings on farms.
  610         (d) Temporary buildings or sheds used exclusively for
  611  construction purposes.
  612         (e) Mobile or modular structures used as temporary offices,
  613  except that the provisions of part II relating to accessibility
  614  by persons with disabilities shall apply to such mobile or
  615  modular structures.
  616         (f) Those structures or facilities of electric utilities,
  617  as defined in s. 366.02, which are directly involved in the
  618  generation, transmission, or distribution of electricity.
  619         (g) Temporary sets, assemblies, or structures used in
  620  commercial motion picture or television production, or any
  621  sound-recording equipment used in such production, on or off the
  622  premises.
  623         (h) Storage sheds that are not designed for human
  624  habitation and that have a floor area of 720 square feet or less
  625  are not required to comply with the mandatory wind-borne-debris
  626  impact standards of the Florida Building Code.
  627         (i) Chickees constructed by the Miccosukee Tribe of Indians
  628  of Florida or the Seminole Tribe of Florida. As used in this
  629  paragraph, the term “chickee” means an open-sided wooden hut
  630  that has a thatched roof of palm or palmetto or other
  631  traditional materials, and that does not incorporate any
  632  electrical, plumbing, or other nonwood features.
  633         (j) Family mausoleums not exceeding 250 square feet in area
  634  which are prefabricated and assembled on site or preassembled
  635  and delivered on site and have walls, roofs, and a floor
  636  constructed of granite, marble, or reinforced concrete.
  637  
  638  With the exception of paragraphs (a), (b), (c), and (f), in
  639  order to preserve the health, safety, and welfare of the public,
  640  the Florida Building Commission may, by rule adopted pursuant to
  641  chapter 120, provide for exceptions to the broad categories of
  642  buildings exempted in this section, including exceptions for
  643  application of specific sections of the code or standards
  644  adopted therein. The Department of Agriculture and Consumer
  645  Services shall have exclusive authority to adopt by rule,
  646  pursuant to chapter 120, exceptions to nonresidential farm
  647  buildings exempted in paragraph (c) when reasonably necessary to
  648  preserve public health, safety, and welfare. The exceptions must
  649  be based upon specific criteria, such as under-roof floor area,
  650  aggregate electrical service capacity, HVAC system capacity, or
  651  other building requirements. Further, the commission may
  652  recommend to the Legislature additional categories of buildings,
  653  structures, or facilities which should be exempted from the
  654  Florida Building Code, to be provided by law. The Florida
  655  Building Code does not apply to temporary housing provided by
  656  the Department of Corrections to any prisoner in the state
  657  correctional system.
  658         (14) The Florida Building Code may not require that an
  659  existing air conditioning system that was installed on the
  660  surface of a roof before July 1, 2010, be raised 18 inches from
  661  the surface on which it is installed until such time as the
  662  system is replaced. An agency or local government having
  663  authority to enforce the Florida Building Code or a local
  664  building code may not require otherwise.
  665         (15) The Florida Building Code must require that the
  666  illumination in classroom units be designed to provide and
  667  maintain an average of 40 foot-candles of light at each desktop.
  668  Public educational facilities must consider using light-emitting
  669  diode lighting before considering other lighting sources.
  670         Section 14. Subsection (2) of section 553.76, Florida
  671  Statutes, is amended to read:
  672         553.76 General powers of the commission.—The commission is
  673  authorized to:
  674         (2) Issue memoranda of procedure for its internal
  675  management and control. The commission may adopt rules related
  676  to its consensus-based decisionmaking process, including, but
  677  not limited to, super majority voting requirements for
  678  commission actions relating to the adoption of the Florida
  679  Building Code or amendments to the code.
  680         Section 15. Subsection (4) of section 553.775, Florida
  681  Statutes, is amended to read:
  682         553.775 Interpretations.—
  683         (4) In order to administer this section, the commission may
  684  adopt by rule and impose a fee for binding and nonbinding
  685  interpretations to recoup the cost of the proceedings which may
  686  not exceed $250 for each request for a review or interpretation.
  687  For proceedings conducted by or in coordination with a third
  688  party, the rule may provide that payment be made directly to the
  689  third party, who shall remit to the department that portion of
  690  the fee necessary to cover the costs of the department.
  691         Section 16. Subsection (9) of section 553.79, Florida
  692  Statutes, is amended to read:
  693         553.79 Permits; applications; issuance; inspections.—
  694         (9) Any state agency whose enabling legislation authorizes
  695  it to enforce provisions of the Florida Building Code may enter
  696  into an agreement with any other unit of government to delegate
  697  its responsibility to enforce those provisions and may expend
  698  public funds for permit and inspection fees, which fees may be
  699  no greater than the fees charged others. Inspection services
  700  that are not required to be performed by a state agency under a
  701  federal delegation of responsibility or by a state agency under
  702  the Florida Building Code must be performed under the
  703  alternative plans review and inspection process created in s.
  704  553.791 or by a local governmental entity having authority to
  705  enforce the Florida Building Code.
  706         Section 17. For the purpose of incorporating the amendment
  707  made by this act to section 553.79, Florida Statutes, in a
  708  reference thereto, subsection (1) of section 553.80, Florida
  709  Statutes, is reenacted to read:
  710         553.80 Enforcement.—
  711         (1) Except as provided in paragraphs (a)-(g), each local
  712  government and each legally constituted enforcement district
  713  with statutory authority shall regulate building construction
  714  and, where authorized in the state agency’s enabling
  715  legislation, each state agency shall enforce the Florida
  716  Building Code required by this part on all public or private
  717  buildings, structures, and facilities, unless such
  718  responsibility has been delegated to another unit of government
  719  pursuant to s. 553.79(9).
  720         (a) Construction regulations relating to correctional
  721  facilities under the jurisdiction of the Department of
  722  Corrections and the Department of Juvenile Justice are to be
  723  enforced exclusively by those departments.
  724         (b) Construction regulations relating to elevator equipment
  725  under the jurisdiction of the Bureau of Elevators of the
  726  Department of Business and Professional Regulation shall be
  727  enforced exclusively by that department.
  728         (c) In addition to the requirements of s. 553.79 and this
  729  section, facilities subject to the provisions of chapter 395 and
  730  part II of chapter 400 shall have facility plans reviewed and
  731  construction surveyed by the state agency authorized to do so
  732  under the requirements of chapter 395 and part II of chapter 400
  733  and the certification requirements of the Federal Government.
  734         (d) Building plans approved under s. 553.77(3) and state
  735  approved manufactured buildings, including buildings
  736  manufactured and assembled offsite and not intended for
  737  habitation, such as lawn storage buildings and storage sheds,
  738  are exempt from local code enforcing agency plan reviews except
  739  for provisions of the code relating to erection, assembly, or
  740  construction at the site. Erection, assembly, and construction
  741  at the site are subject to local permitting and inspections.
  742  Lawn storage buildings and storage sheds bearing the insignia of
  743  approval of the department are not subject to s. 553.842. Such
  744  buildings that do not exceed 400 square feet may be delivered
  745  and installed without need of a contractor’s or specialty
  746  license.
  747         (e) Construction regulations governing public schools,
  748  state universities, and community colleges shall be enforced as
  749  provided in subsection (6).
  750         (f) The Florida Building Code as it pertains to toll
  751  collection facilities under the jurisdiction of the turnpike
  752  enterprise of the Department of Transportation shall be enforced
  753  exclusively by the turnpike enterprise.
  754         (g) Construction regulations relating to secure mental
  755  health treatment facilities under the jurisdiction of the
  756  Department of Children and Family Services shall be enforced
  757  exclusively by the department in conjunction with the Agency for
  758  Health Care Administration’s review authority under paragraph
  759  (c).
  760  
  761  The governing bodies of local governments may provide a schedule
  762  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
  763  section, for the enforcement of the provisions of this part.
  764  Such fees shall be used solely for carrying out the local
  765  government’s responsibilities in enforcing the Florida Building
  766  Code. The authority of state enforcing agencies to set fees for
  767  enforcement shall be derived from authority existing on July 1,
  768  1998. However, nothing contained in this subsection shall
  769  operate to limit such agencies from adjusting their fee schedule
  770  in conformance with existing authority.
  771         Section 18. Section 553.841, Florida Statutes, is amended
  772  to read:
  773         553.841 Building code compliance and mitigation program.—
  774         (1) The Legislature finds that knowledge and understanding
  775  by persons licensed in the design and construction industries of
  776  the importance and need for complying with the Florida Building
  777  Code is vital to the public health, safety, and welfare of this
  778  state, especially for mitigating damage caused by hurricanes to
  779  residents and visitors to the state. The Legislature further
  780  finds that the Florida Building Code can be effective only if
  781  all participants in the design and construction industries
  782  maintain a thorough knowledge of the code and additions thereto
  783  which improve construction standards to protect against storm
  784  and other damage. Consequently, the Legislature finds that there
  785  is a need for a program to provide ongoing education and
  786  outreach activities concerning compliance with the Florida
  787  Building Code and hurricane mitigation.
  788         (2) The Department of Community Affairs shall administer a
  789  program, designated as the Florida Building Code Compliance and
  790  Mitigation Program, to develop, coordinate, and maintain
  791  education and outreach to persons required to comply with the
  792  Florida Building Code and ensure consistent education, training,
  793  and communication of the code’s requirements, including, but not
  794  limited to, methods for mitigation of storm-related damage. The
  795  program shall also operate a clearinghouse through which design,
  796  construction, and building code enforcement licensees,
  797  suppliers, and consumers in this state may find others in order
  798  to exchange information relating to mitigation and facilitate
  799  repairs in the aftermath of a natural disaster.
  800         (3) All services and materials under the Florida Building
  801  Code Compliance and Mitigation Program must be provided by a
  802  private, nonprofit corporation under contract with the
  803  department. The term of the contract shall be for 4 years, with
  804  the option of one 4-year renewal at the end of the contract
  805  term. The initial contract must be in effect no later than
  806  November 1, 2007. The private, nonprofit corporation must be an
  807  organization whose membership includes trade and professional
  808  organizations whose members consist primarily of persons and
  809  entities that are required to comply with the Florida Building
  810  Code and that are licensed under part XII of chapter 468,
  811  chapter 471, chapter 481, or chapter 489. When selecting the
  812  private, nonprofit corporation for the program, the department
  813  must give primary consideration to the corporation’s
  814  demonstrated experience and the ability to:
  815         (a) Develop and deliver building code-related education,
  816  training, and outreach;
  817         (b) Directly access the majority of persons licensed in the
  818  occupations of design, construction, and building code
  819  enforcement individually and through established statewide trade
  820  and professional association networks;
  821         (c) Serve as a clearinghouse to deliver education and
  822  outreach throughout the state. The clearinghouse must serve as a
  823  focal point at which persons licensed to design, construct, and
  824  enforce building codes and suppliers and consumers can find each
  825  other in order to exchange information relating to mitigation
  826  and facilitate repairs in the aftermath of a natural disaster;
  827         (d) Accept input from the Florida Building Commission,
  828  licensing regulatory boards, local building departments, and the
  829  design and construction industries in order to improve its
  830  education and outreach programs; and
  831         (e) Promote design and construction techniques and
  832  materials for mitigating hurricane damage at a Florida-based
  833  trade conference that includes participants from the broadest
  834  possible range of design and construction trades and
  835  professions, including from those private and public sector
  836  entities having jurisdiction over building codes and design and
  837  construction licensure.
  838         (4) The department, In administering the Florida Building
  839  Code Compliance and Mitigation Program, the department shall
  840  maintain, update, develop, or cause to be developed:
  841         (a) A core curriculum that is prerequisite to the advanced
  842  module coursework.
  843         (b) advanced modules designed for use by each profession.
  844         (c) The core curriculum developed under this subsection
  845  must be submitted to the Department of Business and Professional
  846  Regulation for approval. Advanced modules developed under this
  847  paragraph must be approved by the commission and submitted to
  848  the respective boards for approval.
  849         (5) The core curriculum shall cover the information
  850  required to have all categories of participants appropriately
  851  informed as to their technical and administrative
  852  responsibilities in the effective execution of the code process
  853  by all individuals currently licensed under part XII of chapter
  854  468, chapter 471, chapter 481, or chapter 489, except as
  855  otherwise provided in s. 471.017. The core curriculum shall be
  856  prerequisite to the advanced module coursework for all licensees
  857  and shall be completed by individuals licensed in all categories
  858  under part XII of chapter 468, chapter 471, chapter 481, or
  859  chapter 489 within the first 2-year period after initial
  860  licensure. Core course hours taken by licensees to complete this
  861  requirement shall count toward fulfillment of required
  862  continuing education units under part XII of chapter 468,
  863  chapter 471, chapter 481, or chapter 489.
  864         (5)(6) Each biennium, upon receipt of funds by the
  865  Department of Community Affairs from the Construction Industry
  866  Licensing Board and the Electrical Contractors’ Licensing Board
  867  provided under ss. 489.109(3) and 489.509(3), the department
  868  shall determine the amount of funds available for the Florida
  869  Building Code Compliance and Mitigation Program.
  870         (6)(7) If the projects provided through the Florida
  871  Building Code Compliance and Mitigation Program in any state
  872  fiscal year do not require the use of all available funds, the
  873  unused funds shall be carried forward and allocated for use
  874  during the following fiscal year.
  875         (7)(8) The Florida Building Commission shall provide by
  876  rule for the accreditation of courses related to the Florida
  877  Building Code by accreditors approved by the commission. The
  878  commission shall establish qualifications of accreditors and
  879  criteria for the accreditation of courses by rule. The
  880  commission may revoke the accreditation of a course by an
  881  accreditor if the accreditation is demonstrated to violate this
  882  part or the rules of the commission.
  883         (8)(9) This section does not prohibit or limit the subject
  884  areas or development of continuing education or training on the
  885  Florida Building Code by any qualified entity.
  886         Section 19. Subsections (1), (5), (8), and (17) of section
  887  553.842, Florida Statutes, are amended to read:
  888         553.842 Product evaluation and approval.—
  889         (1) The commission shall adopt rules under ss. 120.536(1)
  890  and 120.54 to develop and implement a product evaluation and
  891  approval system that applies statewide to operate in
  892  coordination with the Florida Building Code. The commission may
  893  enter into contracts to provide for administration of the
  894  product evaluation and approval system. The commission’s rules
  895  and any applicable contract may provide that payment of fees
  896  related to approvals be made directly to the administrator, who
  897  shall remit to the department that portion of the fee necessary
  898  to cover the department’s costs. The product evaluation and
  899  approval system shall provide:
  900         (a) Appropriate promotion of innovation and new
  901  technologies.
  902         (b) Processing submittals of products from manufacturers in
  903  a timely manner.
  904         (c) Independent, third-party qualified and accredited
  905  testing and laboratory facilities, product evaluation entities,
  906  quality assurance agencies, certification agencies, and
  907  validation entities.
  908         (d) An easily accessible product acceptance list to
  909  entities subject to the Florida Building Code.
  910         (e) Development of stringent but reasonable testing
  911  criteria based upon existing consensus standards, when
  912  available, for products.
  913         (f) Long-term approvals, where feasible. State and local
  914  approvals will be valid until the requirements of the code on
  915  which the approval is based change, the product changes in a
  916  manner affecting its performance as required by the code, or the
  917  approval is revoked.
  918         (g) Criteria for revocation of a product approval.
  919         (h) Cost-effectiveness.
  920         (5) Statewide approval of products, methods, or systems of
  921  construction may be achieved by one of the following methods.
  922  One of these methods must be used by the commission to approve
  923  the following categories of products: panel walls, exterior
  924  doors, roofing, skylights, windows, shutters, and structural
  925  components as established by the commission by rule.
  926         (a) Products for which the code establishes standardized
  927  testing or comparative or rational analysis methods shall be
  928  approved by submittal and validation of one of the following
  929  reports or listings indicating that the product or method or
  930  system of construction was evaluated to be in compliance with
  931  the Florida Building Code and that the product or method or
  932  system of construction is, for the purpose intended, at least
  933  equivalent to that required by the Florida Building Code:
  934         1. A certification mark or listing of an approved
  935  certification agency, which may be used only for products for
  936  which the code designates standardized testing;
  937         2. A test report from an approved testing laboratory;
  938         3. A product evaluation report based upon testing or
  939  comparative or rational analysis, or a combination thereof, from
  940  an approved product evaluation entity; or
  941         4. A product evaluation report based upon testing or
  942  comparative or rational analysis, or a combination thereof,
  943  developed and signed and sealed by a professional engineer or
  944  architect, licensed in this state.
  945  
  946  A product evaluation report or a certification mark or listing
  947  of an approved certification agency which demonstrates that the
  948  product or method or system of construction complies with the
  949  Florida Building Code for the purpose intended shall be
  950  equivalent to a test report and test procedure as referenced in
  951  the Florida Building Code. An application for state approval of
  952  a product under subparagraph 1. must be approved by the
  953  department after the commission staff or a designee verifies
  954  that the application and related documentation are complete.
  955  This verification must be completed within 10 days after receipt
  956  of the application. Upon approval by the department, the product
  957  shall be immediately added to the list of state-approved
  958  products maintained under subsection (13). Approvals by the
  959  department shall be reviewed and ratified by the commission’s
  960  program oversight committee except for a showing of good cause
  961  that a review by the full commission is necessary.
  962         (b) Products, methods, or systems of construction for which
  963  there are no specific standardized testing or comparative or
  964  rational analysis methods established in the code may be
  965  approved by submittal and validation of one of the following:
  966         1. A product evaluation report based upon testing or
  967  comparative or rational analysis, or a combination thereof, from
  968  an approved product evaluation entity indicating that the
  969  product or method or system of construction was evaluated to be
  970  in compliance with the intent of the Florida Building Code and
  971  that the product or method or system of construction is, for the
  972  purpose intended, at least equivalent to that required by the
  973  Florida Building Code; or
  974         2. A product evaluation report based upon testing or
  975  comparative or rational analysis, or a combination thereof,
  976  developed and signed and sealed by a professional engineer or
  977  architect, licensed in this state, who certifies that the
  978  product or method or system of construction is, for the purpose
  979  intended, at least equivalent to that required by the Florida
  980  Building Code.
  981         (8) The commission may adopt rules to approve the following
  982  types of entities that produce information on which product
  983  approvals are based. All of the following entities, including
  984  engineers and architects, must comply with a nationally
  985  recognized standard demonstrating independence or no conflict of
  986  interest:
  987         (a) Evaluation entities that meet the criteria for approval
  988  adopted by the commission by rule. The commission shall
  989  specifically approve the National Evaluation Service, the
  990  International Association of Plumbing and Mechanical Officials
  991  Evaluation Service the International Conference of Building
  992  Officials Evaluation Services, the International Code Council
  993  Evaluation Services, the Building Officials and Code
  994  Administrators International Evaluation Services, the Southern
  995  Building Code Congress International Evaluation Services, and
  996  the Miami-Dade County Building Code Compliance Office Product
  997  Control. Architects and engineers licensed in this state are
  998  also approved to conduct product evaluations as provided in
  999  subsection (5).
 1000         (b) Testing laboratories accredited by national
 1001  organizations, such as A2LA and the National Voluntary
 1002  Laboratory Accreditation Program, laboratories accredited by
 1003  evaluation entities approved under paragraph (a), and
 1004  laboratories that comply with other guidelines for testing
 1005  laboratories selected by the commission and adopted by rule.
 1006         (c) Quality assurance entities approved by evaluation
 1007  entities approved under paragraph (a) and by certification
 1008  agencies approved under paragraph (d) and other quality
 1009  assurance entities that comply with guidelines selected by the
 1010  commission and adopted by rule.
 1011         (d) Certification agencies accredited by nationally
 1012  recognized accreditors and other certification agencies that
 1013  comply with guidelines selected by the commission and adopted by
 1014  rule.
 1015         (e) Validation entities that comply with accreditation
 1016  standards established by the commission by rule.
 1017         (17)(a) The Florida Building Commission shall review the
 1018  list of evaluation entities in subsection (8) and, in the annual
 1019  report required under s. 553.77, shall either recommend
 1020  amendments to the list to add evaluation entities the commission
 1021  determines should be authorized to perform product evaluations
 1022  or shall report on the criteria adopted by rule or to be adopted
 1023  by rule allowing the commission to approve evaluation entities
 1024  that use the commission’s product evaluation process. If the
 1025  commission adopts criteria by rule, the rulemaking process must
 1026  be completed by July 1, 2009.
 1027         (b) Notwithstanding paragraph (8)(a), the International
 1028  Association of Plumbing and Mechanical Officials Evaluation
 1029  Services is approved as an evaluation entity until October 1,
 1030  2009. If the association does not obtain permanent approval by
 1031  the commission as an evaluation entity by October 1, 2009,
 1032  products approved on the basis of an association evaluation must
 1033  be substituted by an alternative, approved entity by December
 1034  31, 2009, and on January 1, 2010, any product approval issued by
 1035  the commission based on an association evaluation is void.
 1036         Section 20. Subsection (4) is added to section 553.844,
 1037  Florida Statutes, to read:
 1038         553.844 Windstorm loss mitigation; requirements for roofs
 1039  and opening protection.—
 1040         (4) Notwithstanding the provisions of this section, exposed
 1041  mechanical equipment or appliances fastened to rated stands,
 1042  platforms, curbs, or slabs are deemed to comply with the wind
 1043  resistance requirements for wind-borne debris regions as defined
 1044  in s. 1609.2, Buildings Volume, 2007 Florida Building Code, as
 1045  amended. Further support or enclosure of such mechanical
 1046  equipment or appliances is not required by a state or local
 1047  official having authority to enforce the Florida Building Code.
 1048  This subsection expires December 31, 2012.
 1049         Section 21. Section 553.885, Florida Statutes, is amended
 1050  to read:
 1051         553.885 Carbon monoxide alarm required.—
 1052         (1) Every separate building or addition to an existing
 1053  building, other than a hospital, an inpatient hospice facility,
 1054  or a nursing home facility licensed by the Agency for Health
 1055  Care Administration, constructed for which a building permit is
 1056  issued for new construction on or after July 1, 2008, and having
 1057  a fossil-fuel-burning heater or appliance, a fireplace, or an
 1058  attached garage, or other feature, fixture, or element that
 1059  emits carbon monoxide as a byproduct of combustion shall have an
 1060  approved operational carbon monoxide alarm installed within 10
 1061  feet of each room used for sleeping purposes in the new building
 1062  or addition, or at such other locations as required by the
 1063  Florida Building Code. The requirements of this subsection may
 1064  be satisfied with the installation of a battery-powered carbon
 1065  monoxide alarm or a battery-powered combination carbon monoxide
 1066  and smoke alarm. For a new hospital, an inpatient hospice
 1067  facility, or a nursing home facility licensed by the Agency for
 1068  Health Care Administration, an approved operational carbon
 1069  monoxide detector shall be installed inside or directly outside
 1070  of each room or area within the hospital or facility where a
 1071  fossil-fuel-burning heater, engine, or appliance is located.
 1072  This detector shall be connected to the fire alarm system of the
 1073  hospital or facility as a supervisory signal. This subsection
 1074  does not apply to existing buildings that are undergoing
 1075  alterations or repairs unless the alteration is an addition as
 1076  defined in subsection (3).
 1077         (2) The Florida Building Commission shall adopt rules to
 1078  administer this section and shall incorporate such requirements
 1079  into its next revision of the Florida Building Code.
 1080         (3) As used in this section, the term:
 1081         (a) “Carbon monoxide alarm” means a device that is meant
 1082  for the purpose of detecting carbon monoxide, that produces a
 1083  distinct audible alarm, and that meets the requirements of and
 1084  is approved by the Florida Building Commission.
 1085         (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
 1086  other petroleum or hydrocarbon product that emits carbon
 1087  monoxide as a by-product of combustion.
 1088         (c) “Addition” means an extension or increase in floor
 1089  area, number of stories, or height of a building or structure.
 1090         Section 22. Subsection (2) of section 553.9061, Florida
 1091  Statutes, is amended to read:
 1092         553.9061 Scheduled increases in thermal efficiency
 1093  standards.—
 1094         (2) The Florida Building Commission shall identify within
 1095  code support and compliance documentation the specific building
 1096  options and elements available to meet the energy performance
 1097  goals established in subsection (1). Energy efficiency
 1098  performance options and elements include, but are not limited
 1099  to:
 1100         (a) Energy-efficient water heating systems, including solar
 1101  water heating.
 1102         (b) Energy-efficient appliances.
 1103         (c) Energy-efficient windows, doors, and skylights.
 1104         (d) Low solar-absorption roofs, also known as “cool roofs.”
 1105         (e) Enhanced ceiling and wall insulation.
 1106         (f) Reduced-leak duct systems and energy-saving devices and
 1107  features installed within duct systems.
 1108         (g) Programmable thermostats.
 1109         (h) Energy-efficient lighting systems.
 1110         (i) Energy-saving quality installation procedures for
 1111  replacement air conditioning systems, including, but not limited
 1112  to, equipment sizing analysis and duct testing.
 1113         (j) Shading devices, sunscreening materials, and overhangs.
 1114         (k) Weatherstripping, caulking, and sealing of exterior
 1115  openings and penetrations.
 1116         Section 23. Subsection (4) of section 553.909, Florida
 1117  Statutes, is amended to read:
 1118         553.909 Setting requirements for appliances; exceptions.—
 1119         (4) Pool pump motors shall not be split-phase, shaded-pole,
 1120  or capacitor start-induction run types. Residential pool pumps
 1121  and pool pump motors with a total horsepower of 1 HP or more
 1122  shall have the capability of operating at two or more speeds
 1123  with a low speed having a rotation rate that is no more than
 1124  one-half of the motor’s maximum rotation rate. Residential pool
 1125  pump motor controls shall have the capability of operating the
 1126  pool pump at a minimum of two speeds. The default circulation
 1127  speed shall be the residential filtration speed, with a higher
 1128  speed override capability being for a temporary period not to
 1129  exceed one normal cycle or 24 hours 120 minutes, whichever is
 1130  less; except that circulation speed for solar pool heating
 1131  systems shall be permitted to run at higher speeds during
 1132  periods of usable solar heat gain.
 1133         Section 24. Subsection (2) of section 627.711, Florida
 1134  Statutes, is amended to read:
 1135         627.711 Notice of premium discounts for hurricane loss
 1136  mitigation; uniform mitigation verification inspection form.—
 1137         (2) By July 1, 2007, the Financial Services Commission
 1138  shall develop by rule a uniform mitigation verification
 1139  inspection form that shall be used by all insurers when
 1140  submitted by policyholders for the purpose of factoring
 1141  discounts for wind insurance. In developing the form, the
 1142  commission shall seek input from insurance, construction, and
 1143  building code representatives. Further, the commission shall
 1144  provide guidance as to the length of time the inspection results
 1145  are valid. An insurer shall accept as valid a uniform mitigation
 1146  verification form certified by the Department of Financial
 1147  Services or signed by:
 1148         (a) A hurricane mitigation inspector certified by the My
 1149  Safe Florida Home program;
 1150         (b) A building code inspector certified under s. 468.607;
 1151         (c) A general, building, or residential contractor licensed
 1152  under s. 489.111;
 1153         (d) A professional engineer licensed under s. 471.015 who
 1154  has passed the appropriate equivalency test of the Building Code
 1155  Training Program as required by s. 553.841;
 1156         (e) A professional architect licensed under s. 481.213; or
 1157         (f) Any other individual or entity recognized by the
 1158  insurer as possessing the necessary qualifications to properly
 1159  complete a uniform mitigation verification form.
 1160         Section 25. Paragraph (b) of subsection (3) of section
 1161  633.0215, Florida Statutes, is amended, and subsection (13) is
 1162  added to that section, to read:
 1163         633.0215 Florida Fire Prevention Code.—
 1164         (3) No later than 180 days before the triennial adoption of
 1165  the Florida Fire Prevention Code, the State Fire Marshal shall
 1166  notify each municipal, county, and special district fire
 1167  department of the triennial code adoption and steps necessary
 1168  for local amendments to be included within the code. No later
 1169  than 120 days before the triennial adoption of the Florida Fire
 1170  Prevention Code, each local jurisdiction shall provide the State
 1171  Fire Marshal with copies of its local fire code amendments. The
 1172  State Fire Marshal has the option to process local fire code
 1173  amendments that are received less than 120 days before the
 1174  adoption date of the Florida Fire Prevention Code.
 1175         (b) Any local amendment to the Florida Fire Prevention Code
 1176  adopted by a local government shall be effective only until the
 1177  adoption of the new edition of the Florida Fire Prevention Code,
 1178  which shall be every third year. At such time, the State Fire
 1179  Marshal shall adopt such amendment as part of the Florida Fire
 1180  Prevention Code or rescind the amendment. The State Fire Marshal
 1181  shall immediately notify the respective local government of the
 1182  rescission of the amendment and the reason for the rescission.
 1183  After receiving such notice, the respective local government may
 1184  readopt the rescinded amendment. Incorporation of local
 1185  amendments as regional and local concerns and variations shall
 1186  be considered as adoption of an amendment pursuant to this
 1187  section part.
 1188         (13) The State Fire Marshal shall issue an expedited
 1189  declaratory statement relating to interpretations of provisions
 1190  of the Florida Fire Prevention Code according to the following
 1191  guidelines:
 1192         (a) The declaratory statement shall be rendered in
 1193  accordance with s. 120.565, except that a final decision must be
 1194  issued by the State Fire Marshal within 45 days after the
 1195  division’s receipt of a petition seeking an expedited
 1196  declaratory statement. The State Fire Marshal shall give notice
 1197  of the petition and the expedited declaratory statement or the
 1198  denial of the petition in the next available issue of the
 1199  Florida Administrative Weekly after the petition is filed and
 1200  after the statement or denial is rendered.
 1201         (b) The petitioner must be the owner of the disputed
 1202  project or the owner’s representative.
 1203         (c) The petition for an expedited declaratory statement
 1204  must be:
 1205         1. Related to an active project that is under construction
 1206  or must have been submitted for a permit;
 1207         2. The subject of a written notice citing a specific
 1208  provision of the Florida Fire Prevention Code which is in
 1209  dispute; and
 1210         3. Limited to a single question that is capable of being
 1211  answered with a “yes” or “no” response.
 1212  
 1213  A petition for a declaratory statement which does not meet all
 1214  of the requirements of this subsection must be denied without
 1215  prejudice. This subsection does not affect the right of the
 1216  petitioner as a substantially affected person to seek a
 1217  declaratory statement under s. 633.01(6).
 1218         Section 26. Section 633.026, Florida Statutes, is amended
 1219  to read:
 1220         633.026 Legislative intent; informal interpretations of the
 1221  Florida Fire Prevention Code.—It is the intent of the
 1222  Legislature that the Florida Fire Prevention Code be interpreted
 1223  by fire officials and local enforcement agencies in a manner
 1224  that protects the public safety, health, and welfare by ensuring
 1225  uniform interpretations throughout this state and by providing
 1226  just and expeditious processes for resolving disputes regarding
 1227  such interpretations. It is the intent of the Legislature that
 1228  such processes provide for the expeditious resolution of the
 1229  issues presented and that the resulting interpretation of such
 1230  issues be published on the website of the Division of State Fire
 1231  Marshal.
 1232         (1) The Division of State Fire Marshal shall by rule
 1233  establish an informal process of rendering nonbinding
 1234  interpretations of the Florida Fire Prevention Code. The
 1235  Division of State Fire Marshal may contract with and refer
 1236  interpretive issues to a nonprofit organization that has
 1237  experience in interpreting and enforcing the Florida Fire
 1238  Prevention Code. The Division of State Fire Marshal shall
 1239  immediately implement the process prior to the completion of
 1240  formal rulemaking. It is the intent of the Legislature that the
 1241  Division of State Fire Marshal establish create a Fire Code
 1242  Interpretation Committee composed of seven persons and seven
 1243  alternates, equally representing each area of the state process
 1244  to refer questions to a small group of individuals certified
 1245  under s. 633.081(2), to which a party can pose questions
 1246  regarding the interpretation of the Florida Fire Prevention Code
 1247  provisions.
 1248         (2) Each member and alternate member of the Fire Code
 1249  Interpretation Committee must be certified as a firesafety
 1250  inspector pursuant to s. 633.081(2) and must have a minimum of 5
 1251  years of experience interpreting and enforcing the Florida Fire
 1252  Prevention Code and the Life Safety Code. Each member and
 1253  alternate member must be approved by the Division of State Fire
 1254  Marshal and deemed by the division to have met these
 1255  requirements for at least 30 days before participating in a
 1256  review of a nonbinding interpretation. It is the intent of the
 1257  Legislature that the process provide for the expeditious
 1258  resolution of the issues presented and publication of the
 1259  resulting interpretation on the website of the Division of State
 1260  Fire Marshal. It is the intent of the Legislature that this
 1261  program be similar to the program established by the Florida
 1262  Building Commission in s. 553.775(3)(g).
 1263         (3) Each nonbinding interpretation of code provisions must
 1264  be provided within 10 business days after receipt of a request
 1265  for interpretation. The response period established in this
 1266  subsection may be waived only with the written consent of the
 1267  party requesting the nonbinding interpretation and the Division
 1268  of State Fire Marshal. Nonbinding Such interpretations shall be
 1269  advisory only and nonbinding on the parties or the State Fire
 1270  Marshal.
 1271         (4) In order to administer this section, the Division of
 1272  State Fire Marshal shall charge department may adopt by rule and
 1273  impose a fee for nonbinding interpretations, with payment made
 1274  directly to the third party. The fee may not exceed $150 for
 1275  each request for a review or interpretation. The division may
 1276  authorize payment of fees directly to the nonprofit organization
 1277  under contract pursuant to subsection (1).
 1278         (5) A party requesting a nonbinding interpretation who
 1279  disagrees with the interpretation issued under this section may
 1280  apply for a formal interpretation from the State Fire Marshal
 1281  pursuant to s. 633.01(6).
 1282         (6) The Division of State Fire Marshal shall issue or cause
 1283  to be issued a nonbinding interpretation of the Florida Fire
 1284  Prevention Code pursuant to this section when requested to do so
 1285  upon submission of a petition by a fire official or by the owner
 1286  or owner’s representative or the contractor or contractor’s
 1287  representative of a project in dispute. The division shall adopt
 1288  a petition form by rule and the petition form must be published
 1289  on the State Fire Marshal’s website. The form shall, at a
 1290  minimum, require:
 1291         (a) The name and address of the local fire official,
 1292  including the address of the county, municipality, or special
 1293  district.
 1294         (b) The name and address of the owner or owner’s
 1295  representative or the contractor or contractor’s representative.
 1296         (c) A statement of the specific sections of the Florida
 1297  Fire Prevention Code being interpreted by the local fire
 1298  official.
 1299         (d) An explanation of how the petitioner’s substantial
 1300  interests are being affected by the local interpretation of the
 1301  Florida Fire Prevention Code.
 1302         (e) A statement of the interpretation of the specific
 1303  sections of the Florida Fire Prevention Code by the local fire
 1304  official.
 1305         (f) A statement of the interpretation that the petitioner
 1306  contends should be given to the specific sections of the Florida
 1307  Fire Prevention Code and a statement supporting the petitioner’s
 1308  interpretation.
 1309         (7) Upon receipt of a petition that meets the requirements
 1310  of subsection (6), the Division of State Fire Marshal shall
 1311  immediately provide copies of the petition to the Fire Code
 1312  Interpretation Committee, and shall publish the petition and any
 1313  response submitted by the local fire official on the State Fire
 1314  Marshal’s website.
 1315         (8) The committee shall conduct proceedings as necessary to
 1316  resolve the issues and give due regard to the petition, the
 1317  facts of the matter at issue, specific code sections cited, and
 1318  any statutory implications affecting the Florida Fire Prevention
 1319  Code. The committee shall issue an interpretation regarding the
 1320  provisions of the Florida Fire Prevention Code within 10 days
 1321  after the filing of a petition. The committee shall issue an
 1322  interpretation based upon the Florida Fire Prevention Code or,
 1323  if the code is ambiguous, the intent of the code. The
 1324  committee’s interpretation shall be provided to the petitioner
 1325  and shall include a notice that if the petitioner disagrees with
 1326  the interpretation, the petitioner may file a request for formal
 1327  interpretation by the State Fire Marshal under s. 633.01(6). The
 1328  committee’s interpretation shall be provided to the State Fire
 1329  Marshal, and the division shall publish the interpretation on
 1330  the State Fire Marshal’s website and in the Florida
 1331  Administrative Weekly.
 1332         Section 27. Section 633.081, Florida Statutes, is amended
 1333  to read:
 1334         633.081 Inspection of buildings and equipment; orders;
 1335  firesafety inspection training requirements; certification;
 1336  disciplinary action.—The State Fire Marshal and her or his
 1337  agents shall, at any reasonable hour, when the State Fire
 1338  Marshal department has reasonable cause to believe that a
 1339  violation of this chapter or s. 509.215, or a rule promulgated
 1340  thereunder, or a minimum firesafety code adopted by a local
 1341  authority, may exist, inspect any and all buildings and
 1342  structures which are subject to the requirements of this chapter
 1343  or s. 509.215 and rules promulgated thereunder. The authority to
 1344  inspect shall extend to all equipment, vehicles, and chemicals
 1345  which are located within the premises of any such building or
 1346  structure.
 1347         (1) Each county, municipality, and special district that
 1348  has firesafety enforcement responsibilities shall employ or
 1349  contract with a firesafety inspector. The firesafety inspector
 1350  must conduct all firesafety inspections that are required by
 1351  law. The governing body of a county, municipality, or special
 1352  district that has firesafety enforcement responsibilities may
 1353  provide a schedule of fees to pay only the costs of inspections
 1354  conducted pursuant to this subsection and related administrative
 1355  expenses. Two or more counties, municipalities, or special
 1356  districts that have firesafety enforcement responsibilities may
 1357  jointly employ or contract with a firesafety inspector.
 1358         (2) Every firesafety inspection conducted pursuant to state
 1359  or local firesafety requirements shall be by a person certified
 1360  as having met the inspection training requirements set by the
 1361  State Fire Marshal. Such person shall:
 1362         (a) Be a high school graduate or the equivalent as
 1363  determined by the department;
 1364         (b) Not have been found guilty of, or having pleaded guilty
 1365  or nolo contendere to, a felony or a crime punishable by
 1366  imprisonment of 1 year or more under the law of the United
 1367  States, or of any state thereof, which involves moral turpitude,
 1368  without regard to whether a judgment of conviction has been
 1369  entered by the court having jurisdiction of such cases;
 1370         (c) Have her or his fingerprints on file with the
 1371  department or with an agency designated by the department;
 1372         (d) Have good moral character as determined by the
 1373  department;
 1374         (e) Be at least 18 years of age;
 1375         (f) Have satisfactorily completed the firesafety inspector
 1376  certification examination as prescribed by the department; and
 1377         (g)1. Have satisfactorily completed, as determined by the
 1378  department, a firesafety inspector training program of not less
 1379  than 200 hours established by the department and administered by
 1380  agencies and institutions approved by the department for the
 1381  purpose of providing basic certification training for firesafety
 1382  inspectors; or
 1383         2. Have received in another state training which is
 1384  determined by the department to be at least equivalent to that
 1385  required by the department for approved firesafety inspector
 1386  education and training programs in this state.
 1387         (3) Each special state firesafety inspection which is
 1388  required by law and is conducted by or on behalf of an agency of
 1389  the state must be performed by an individual who has met the
 1390  provision of subsection (2), except that the duration of the
 1391  training program shall not exceed 120 hours of specific training
 1392  for the type of property that such special state firesafety
 1393  inspectors are assigned to inspect.
 1394         (4) A firefighter certified pursuant to s. 633.35 may
 1395  conduct firesafety inspections, under the supervision of a
 1396  certified firesafety inspector, while on duty as a member of a
 1397  fire department company conducting inservice firesafety
 1398  inspections without being certified as a firesafety inspector,
 1399  if such firefighter has satisfactorily completed an inservice
 1400  fire department company inspector training program of at least
 1401  24 hours’ duration as provided by rule of the department.
 1402         (5) Every firesafety inspector or special state firesafety
 1403  inspector certificate is valid for a period of 3 years from the
 1404  date of issuance. Renewal of certification shall be subject to
 1405  the affected person’s completing proper application for renewal
 1406  and meeting all of the requirements for renewal as established
 1407  under this chapter or by rule promulgated thereunder, which
 1408  shall include completion of at least 40 hours during the
 1409  preceding 3-year period of continuing education as required by
 1410  the rule of the department or, in lieu thereof, successful
 1411  passage of an examination as established by the department.
 1412         (6) The State Fire Marshal may deny, refuse to renew,
 1413  suspend, or revoke the certificate of a firesafety inspector or
 1414  special state firesafety inspector if it finds that any of the
 1415  following grounds exist:
 1416         (a) Any cause for which issuance of a certificate could
 1417  have been refused had it then existed and been known to the
 1418  State Fire Marshal.
 1419         (b) Violation of this chapter or any rule or order of the
 1420  State Fire Marshal.
 1421         (c) Falsification of records relating to the certificate.
 1422         (d) Having been found guilty of or having pleaded guilty or
 1423  nolo contendere to a felony, whether or not a judgment of
 1424  conviction has been entered.
 1425         (e) Failure to meet any of the renewal requirements.
 1426         (f) Having been convicted of a crime in any jurisdiction
 1427  which directly relates to the practice of fire code inspection,
 1428  plan review, or administration.
 1429         (g) Making or filing a report or record that the
 1430  certificateholder knows to be false, or knowingly inducing
 1431  another to file a false report or record, or knowingly failing
 1432  to file a report or record required by state or local law, or
 1433  knowingly impeding or obstructing such filing, or knowingly
 1434  inducing another person to impede or obstruct such filing.
 1435         (h) Failing to properly enforce applicable fire codes or
 1436  permit requirements within this state which the
 1437  certificateholder knows are applicable by committing willful
 1438  misconduct, gross negligence, gross misconduct, repeated
 1439  negligence, or negligence resulting in a significant danger to
 1440  life or property.
 1441         (i) Accepting labor, services, or materials at no charge or
 1442  at a noncompetitive rate from any person who performs work that
 1443  is under the enforcement authority of the certificateholder and
 1444  who is not an immediate family member of the certificateholder.
 1445  For the purpose of this paragraph, the term “immediate family
 1446  member” means a spouse, child, parent, sibling, grandparent,
 1447  aunt, uncle, or first cousin of the person or the person’s
 1448  spouse or any person who resides in the primary residence of the
 1449  certificateholder.
 1450         (7) The Division of State Fire Marshal and the Florida
 1451  Building Code Administrator and Inspectors Board, established
 1452  pursuant to under s. 468.605, shall enter into a reciprocity
 1453  agreement to facilitate joint recognition of continuing
 1454  education recertification hours for certificateholders licensed
 1455  under s. 468.609 and firesafety inspectors certified under
 1456  subsection (2).
 1457         (8) The State Fire Marshal shall develop by rule an
 1458  advanced training and certification program for firesafety
 1459  inspectors having fire code management responsibilities. The
 1460  program must be consistent with the appropriate provisions of
 1461  NFPA 1037, or similar standards adopted by the division, and
 1462  establish minimum training, education, and experience levels for
 1463  firesafety inspectors having fire code management
 1464  responsibilities.
 1465         (9)(7) The department shall provide by rule for the
 1466  certification of firesafety inspectors.
 1467         Section 28. Section 633.352, Florida Statutes, is amended
 1468  to read:
 1469         633.352 Retention of firefighter certification.—Any
 1470  certified firefighter who has not been active as a firefighter,
 1471  or as a volunteer firefighter with an organized fire department,
 1472  for a period of 3 years shall be required to retake the
 1473  practical portion of the minimum standards state examination
 1474  specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
 1475  Administrative Code, in order to maintain her or his
 1476  certification as a firefighter; however, this requirement does
 1477  not apply to state-certified firefighters who are certified and
 1478  employed as full-time firesafety inspectors or firesafety
 1479  instructors, regardless of the firefighter’s employment status
 1480  as determined by the division. The 3-year period begins on the
 1481  date the certificate of compliance is issued or upon termination
 1482  of service with an organized fire department.
 1483         Section 29. Paragraph (e) of subsection (2) and subsections
 1484  (3), (10), and (11) of section 633.521, Florida Statutes, are
 1485  amended to read:
 1486         633.521 Certificate application and issuance; permit
 1487  issuance; examination and investigation of applicant.—
 1488         (2)
 1489         (e) An applicant may not be examined more than four times
 1490  during 1 year for certification as a contractor pursuant to this
 1491  section unless the person is or has been certified and is taking
 1492  the examination to change classifications. If an applicant does
 1493  not pass one or more parts of the examination, she or he may
 1494  take any part of the examination three more times during the 1
 1495  year period beginning upon the date she or he originally filed
 1496  an application to take the examination. If the applicant does
 1497  not pass the examination within that 1-year period, she or he
 1498  must file a new application and pay the application and
 1499  examination fees in order to take the examination or a part of
 1500  the examination again. However, the applicant may not file a new
 1501  application sooner than 6 months after the date of her or his
 1502  last examination. An applicant who passes the examination but
 1503  does not meet the remaining qualifications as provided in
 1504  applicable statutes and rules within 1 year after the
 1505  application date must file a new application, pay the
 1506  application and examination fee, successfully complete a
 1507  prescribed training course approved by the State Fire College or
 1508  an equivalent court approved by the State Fire Marshal, and
 1509  retake and pass the written examination.
 1510         (3)(a) As a prerequisite to taking the examination for
 1511  certification as a Contractor I, Contractor II, or Contractor
 1512  III, the applicant must be at least 18 years of age, be of good
 1513  moral character, and shall possess 4 years’ proven experience in
 1514  the employment of a fire protection system Contractor I,
 1515  Contractor II, or Contractor III or a combination of equivalent
 1516  education and experience in both water-based and chemical fire
 1517  suppression systems.
 1518         (b) As a prerequisite to taking the examination for
 1519  certification as a Contractor II, the applicant must be at least
 1520  18 years of age, be of good moral character, and have 4 years of
 1521  verifiable employment experience with a fire protection system
 1522  as a Contractor I or Contractor II, or a combination of
 1523  equivalent education and experience in water-based fire
 1524  suppression systems.
 1525         (c) Required education and experience for certification as
 1526  a Contractor I, Contractor II, Contractor III, or Contractor IV
 1527  includes training and experience in both installation and system
 1528  layout as defined in s. 633.021.
 1529         (d) As a prerequisite to taking the examination for
 1530  certification as a Contractor III, the applicant must be at
 1531  least 18 years of age, be of good moral character, and have 4
 1532  years of verifiable employment experience with a fire protection
 1533  system as a Contractor I or Contractor II, or a combination of
 1534  equivalent education and experience in chemical fire suppression
 1535  systems.
 1536         (e) As a prerequisite to taking the examination for
 1537  certification as a Contractor IV, the applicant must shall be at
 1538  least 18 years old, be of good moral character, be licensed as a
 1539  certified plumbing contractor under chapter 489, and
 1540  successfully complete a training program acceptable to the State
 1541  Fire Marshal of not less than 40 contact hours regarding the
 1542  applicable installation standard used by the Contractor IV as
 1543  described in NFPA 13D. The State Fire Marshal may adopt rules to
 1544  administer this subsection have at least 2 years’ proven
 1545  experience in the employment of a fire protection system
 1546  Contractor I, Contractor II, Contractor III, or Contractor IV or
 1547  combination of equivalent education and experience which
 1548  combination need not include experience in the employment of a
 1549  fire protection system contractor.
 1550         (f) As a prerequisite to taking the examination for
 1551  certification as a Contractor V, the applicant must shall be at
 1552  least 18 years old, be of good moral character, and have been
 1553  licensed as a certified underground utility and excavation
 1554  contractor or certified plumbing contractor pursuant to chapter
 1555  489, have verification by an individual who is licensed as a
 1556  certified utility contractor or certified plumbing contractor
 1557  pursuant to chapter 489 that the applicant has 4 years’ proven
 1558  experience in the employ of a certified underground utility and
 1559  excavation contractor or certified plumbing contractor, or have
 1560  a combination of education and experience equivalent to 4 years’
 1561  proven experience in the employ of a certified underground
 1562  utility and excavation contractor or certified plumbing
 1563  contractor.
 1564         (g) Within 30 days after the date of the examination, the
 1565  State Fire Marshal shall inform the applicant in writing whether
 1566  she or he has qualified or not and, if the applicant has
 1567  qualified, that she or he is ready to issue a certificate of
 1568  competency, subject to compliance with the requirements of
 1569  subsection (4).
 1570         (10) Effective July 1, 2008, the State Fire Marshal shall
 1571  require the National Institute of Certification in Engineering
 1572  Technologies (NICET), Sub-field of Inspection and Testing of
 1573  Fire Protection Systems Level II or equivalent training and
 1574  education as determined by the division as proof that the
 1575  permitholders are knowledgeable about nationally accepted
 1576  standards for the inspection of fire protection systems. It is
 1577  the intent of this act, from July 1, 2005, until July 1, 2008,
 1578  to accept continuing education of all certificateholders’
 1579  employees who perform inspection functions which specifically
 1580  prepares the permitholder to qualify for NICET II certification.
 1581         (11) It is intended that a certificateholder, or a
 1582  permitholder who is employed by a certificateholder, conduct
 1583  inspections required by this chapter. It is understood that
 1584  after July 1, 2008, employee turnover may result in a depletion
 1585  of personnel who are certified under the NICET Sub-field of
 1586  Inspection and Testing of Fire Protection Systems Level II or
 1587  equivalent training and education as required by the Division of
 1588  State Fire Marshal which is required for permitholders. The
 1589  extensive training and experience necessary to achieve NICET
 1590  Level II certification is recognized. A certificateholder may
 1591  therefore obtain a provisional permit with an endorsement for
 1592  inspection, testing, and maintenance of water-based fire
 1593  extinguishing systems for an employee if the employee has
 1594  initiated procedures for obtaining Level II certification from
 1595  the National Institute for Certification in Engineering
 1596  Technologies Sub-field of Inspection and Testing of Fire
 1597  Protection Systems and achieved Level I certification or an
 1598  equivalent level as determined by the State Fire Marshal through
 1599  verification of experience, training, and examination. The State
 1600  Fire Marshal may establish rules to administer this subsection.
 1601  After 2 years of provisional certification, the employee must
 1602  have achieved NICET Level II certification or obtain equivalent
 1603  training and education as determined by the division, or cease
 1604  performing inspections requiring Level II certification. The
 1605  provisional permit is valid only for the 2 calendar years after
 1606  the date of issuance, may not be extended, and is not renewable.
 1607  After the initial 2-year provisional permit expires, the
 1608  certificateholder must wait 2 additional years before a new
 1609  provisional permit may be issued. The intent is to prohibit the
 1610  certificateholder from using employees who never reach NICET
 1611  Level II status, or equivalent training and education as
 1612  determined by the division, by continuously obtaining
 1613  provisional permits.
 1614         Section 30. Subsection (3) is added to section 633.524,
 1615  Florida Statutes, to read:
 1616         633.524 Certificate and permit fees; use and deposit of
 1617  collected funds.—
 1618         (3) The State Fire Marshal may enter into a contract with
 1619  any qualified public entity or private company in accordance
 1620  with chapter 287 to provide examinations for any applicant for
 1621  any examination administered under the jurisdiction of the State
 1622  Fire Marshal. The State Fire Marshal may direct payments from
 1623  each applicant for each examination directly to such contracted
 1624  entity or company.
 1625         Section 31. Subsection (4) of section 633.537, Florida
 1626  Statutes, is amended to read:
 1627         633.537 Certificate; expiration; renewal; inactive
 1628  certificate; continuing education.—
 1629         (4) The renewal period for the permit class is the same as
 1630  that for the employing certificateholder. The continuing
 1631  education requirements for permitholders are what is required to
 1632  maintain NICET Sub-field of Inspection and Testing of Fire
 1633  Protection Systems Level II, equivalent training and education
 1634  as determined by the division, or higher certification plus 8
 1635  contact hours of continuing education approved by the State Fire
 1636  Marshal during each biennial renewal period thereafter. The
 1637  continuing education curriculum from July 1, 2005, until July 1,
 1638  2008, shall be the preparatory curriculum for NICET II
 1639  certification; after July 1, 2008, the technical curriculum is
 1640  at the discretion of the State Fire Marshal and may be used to
 1641  meet the maintenance of NICET Level II certification and 8
 1642  contact hours of continuing education requirements. It is the
 1643  responsibility of the permitholder to maintain NICET II
 1644  certification or equivalent training and education as determined
 1645  by the division as a condition of permit renewal after July 1,
 1646  2008.
 1647         Section 32. Subsection (4) of section 633.72, Florida
 1648  Statutes, is amended to read:
 1649         633.72 Florida Fire Code Advisory Council.—
 1650         (4) Each appointee shall serve a 4-year term. No member
 1651  shall serve more than two consecutive terms one term. No member
 1652  of the council shall be paid a salary as such member, but each
 1653  shall receive travel and expense reimbursement as provided in s.
 1654  112.061.
 1655         Section 33. Subsection (6) of section 718.113, Florida
 1656  Statutes, is repealed.
 1657         Section 34. The Florida Building Commission shall revise
 1658  the Florida Building Code in order to make it consistent with
 1659  the revisions made by this act to s. 399.02, Florida Statutes.
 1660         Section 35. Except as otherwise expressly provided in this
 1661  act, this act shall take effect July 1, 2010.

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