January 19, 2021
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       Florida Senate - 2010                                    SB 2694
       By Senator Constantine
       22-01019-10                                           20102694__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Commission;
    3         amending s. 553.37, F.S.; requiring that the
    4         Department of Community Affairs adopt rules addressing
    5         the performance of its designee and contractors;
    6         authorizing the department to adopt rules that provide
    7         for manufacturers to pay fees directly to the
    8         administrator; providing an exception from approval
    9         and insignia requirements for custom or one-of-a-kind
   10         prototype manufactured buildings; requiring that such
   11         manufactured buildings be in compliance with all of
   12         the requirements of the local governmental agency
   13         having jurisdiction at the installation site; amending
   14         s. 553.375, F.S.; revising provisions relating to the
   15         recertification of manufactured buildings; providing
   16         that the manufacturer, dealer, or owner of a
   17         manufactured building may apply for recertification of
   18         such building before it is relocated to a site that
   19         has a higher design wind speed; amending s. 553.512,
   20         F.S.; requiring that the Florida Building Commission
   21         adopt rules establishing a fee to be paid upon
   22         submitting a request for a waiver from the
   23         requirements of the Florida Americans with
   24         Disabilities Accessibility Implementation Act;
   25         amending s. 553.73, F.S.; authorizing counties and
   26         municipalities to adopt by ordinance administrative
   27         and technical amendments to the Florida Building Code
   28         regarding flood resistance to implement the National
   29         Flood Insurance Program; deleting a provision that
   30         requires the Florida Building Commission to make an
   31         updated version of the Florida Building Code available
   32         to the public; authorizing the commission to approve
   33         certain amendments to the code; exempting certain
   34         family mausoleums from the code; amending s. 553.74,
   35         F.S.; providing that a member of any of the
   36         commission’s technical advisory committees, or other
   37         advisory committees or workgroups, does not have an
   38         impermissible conflict of interest when representing
   39         clients before the commission or one of its committees
   40         or workgroups; providing an exception if the member
   41         has a direct financial interest; amending s. 553.76,
   42         F.S.; authorizing the commission to adopt rules
   43         related to its consensus-based decisionmaking
   44         processes; amending s. 553.775, F.S.; authorizing the
   45         commission to impose a fee for filing requests for
   46         declaratory statements and nonbinding interpretations;
   47         amending s. 553.80, F.S.; providing that certain
   48         exemptions from the Florida Building Code do not apply
   49         to a single-family residence located in a flood hazard
   50         area unless the work is determined not to be a
   51         substantial improvement to such residence; amending s.
   52         553.842, F.S.; revising provisions relating to the
   53         product evaluation and approval system; authorizing
   54         the commission to adopt rules providing for the
   55         payment of fees related to approvals; authorizing the
   56         commission to adopt rules allowing for editorial
   57         revisions to approvals; revising provisions requiring
   58         that the commission specifically approve the
   59         International Association of Plumbing and Mechanical
   60         Officials Evaluation Service; amending s. 553.885,
   61         F.S.; revising provisions requiring that certain
   62         buildings have an approved operational carbon monoxide
   63         alarm; authorizing the installation of a battery
   64         powered carbon monoxide alarm or a battery-powered
   65         combination carbon monoxide and smoke alarm; providing
   66         an exemption for existing buildings that are
   67         undergoing alterations or repairs unless the
   68         alteration is an extension or increase in floor area,
   69         number of stories, or height of a building or
   70         structure; defining the term “addition”; providing an
   71         effective date.
   73  Be It Enacted by the Legislature of the State of Florida:
   75         Section 1. Subsections (2) and (8) of section 553.37,
   76  Florida Statutes, are amended, and subsection (12) is added to
   77  that section, to read:
   78         553.37 Rules; inspections; and insignia.—
   79         (2) The department shall adopt rules to address:
   80         (a) Procedures and qualifications for approval of third
   81  party plan review and inspection agencies and of those who
   82  perform inspections and plan reviews.
   83         (b) Investigation of consumer complaints of noncompliance
   84  of manufactured buildings with the Florida Building Code and the
   85  Florida Fire Prevention Code.
   86         (c) Issuance, cancellation, and revocation of any insignia
   87  issued by the department and procedures for auditing and
   88  accounting for disposition of them.
   89         (d) Monitoring the manufacturers’, inspection agencies’,
   90  and plan review agencies’ compliance with this part and the
   91  Florida Building Code. Monitoring may include, but is not
   92  limited to, performing audits of plans, inspections of
   93  manufacturing facilities and observation of the manufacturing
   94  and inspection process, and onsite inspections of buildings.
   95         (e) The performance by the department and its designee and
   96  contractors of any other functions required by this part.
   97         (8) The department, by rule, shall establish a schedule of
   98  fees to pay the cost of the administration and enforcement of
   99  this part. The rule may provide for manufacturers to pay fees
  100  directly to the administrator.
  101         (12) Custom or one-of-a-kind prototype manufactured
  102  buildings are not required to have state approval, but must be
  103  in compliance with all of the requirements of the local
  104  governmental agency that has jurisdiction at the installation
  105  site.
  106         Section 2. Section 553.375, Florida Statutes, is amended to
  107  read:
  108         553.375 Recertification of manufactured buildings.—Prior to
  109  the relocation of a manufactured building within the state to a
  110  site that has a higher design wind speed, or the modification,
  111  or change of occupancy of such a manufactured building within
  112  the state, the manufacturer, dealer, or owner thereof may apply
  113  to the department for recertification of that manufactured
  114  building. The department shall, by rule, provide what
  115  information the applicant must submit for recertification and
  116  for plan review and inspection of such manufactured buildings
  117  and shall establish fees for recertification. Upon a
  118  determination by the department that the manufactured building
  119  complies with the applicable building codes, the department
  120  shall issue a recertification insignia. A manufactured building
  121  that bears recertification insignia does not require any
  122  additional approval by an enforcement jurisdiction in which the
  123  building is sold or installed, and is considered to comply with
  124  all applicable codes. As an alternative to recertification by
  125  the department, the manufacturer, dealer, or owner of a
  126  manufactured building may seek appropriate permitting and a
  127  certificate of occupancy from the local jurisdiction in
  128  accordance with procedures generally applicable under the
  129  Florida Building Code.
  130         Section 3. Subsection (1) of section 553.512, Florida
  131  Statutes, is amended to read:
  132         553.512 Modifications and waivers; advisory council.—
  133         (1) The Florida Building Commission shall provide by
  134  regulation criteria for granting individual modifications of, or
  135  exceptions from, the literal requirements of this part upon a
  136  determination of unnecessary, unreasonable, or extreme hardship,
  137  provided such waivers shall not violate federal accessibility
  138  laws and regulations and shall be reviewed by the Accessibility
  139  Advisory Council. The commission shall adopt rules establishing
  140  a fee to be paid upon submitting a request for a waiver pursuant
  141  to this section. Notwithstanding any other provision of this
  142  subsection, if an applicant for a waiver demonstrates economic
  143  hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
  144  shall be granted. The commission may not consider waiving any of
  145  the requirements of s. 553.5041 unless the applicant first
  146  demonstrates that she or he has applied for and been denied
  147  waiver or variance from all local government zoning, subdivision
  148  regulations, or other ordinances that prevent compliance
  149  therewith. Further, the commission may not waive the requirement
  150  of s. 553.5041(5)(a) and (c)1. governing the minimum width of
  151  accessible routes and minimum width of accessible parking
  152  spaces.
  153         Section 4. Present subsections (5) through (13) of section
  154  553.73, Florida Statutes, are redesignated as subsections (6)
  155  through (14), respectively, a new subsection (5) is added to
  156  that section, and present subsections (6), (7), and (9) of that
  157  section are amended, to read:
  158         553.73 Florida Building Code.—
  159         (5) Notwithstanding subsection (4), a county or
  160  municipality may adopt by ordinance administrative and technical
  161  amendments to the Florida Building Code regarding flood
  162  resistance to implement the programs or incentives of the
  163  National Flood Insurance Program. An administrative amendment
  164  may assign the duty to enforce all or portions of flood-related
  165  code provisions to appropriate agencies of the local government
  166  and may adopt procedures for variances and exceptions from
  167  flood-related code provisions other than the provisions for
  168  structures seaward of the coastal construction control line
  169  consistent with 44 C.F.R. s. 60.6. A technical amendment is
  170  authorized to the extent that it is more stringent than the
  171  code. An administrative or technical amendment is not subject to
  172  the requirements in subsection (4) and may not be rescinded by
  173  the Florida Building Commission upon updating the code if the
  174  amendment is adopted for the purpose of participating in the
  175  Community Rating System promulgated pursuant to 42 U.S.C. s.
  176  4022. Any amendment adopted pursuant to this subsection shall be
  177  transmitted to the commission within 30 days after its adoption.
  178         (7)(6)(a) The commission, by rule adopted pursuant to ss.
  179  120.536(1) and 120.54, shall update the Florida Building Code
  180  every 3 years. When updating the Florida Building Code, the
  181  commission shall select the most current version of the
  182  International Building Code, the International Fuel Gas Code,
  183  the International Mechanical Code, the International Plumbing
  184  Code, and the International Residential Code, all of which are
  185  adopted by the International Code Council, and the National
  186  Electrical Code, which is adopted by the National Fire
  187  Protection Association, to form the foundation codes of the
  188  updated Florida Building Code, if the version has been adopted
  189  by the applicable model code entity and made available to the
  190  public at least 6 months prior to its selection by the
  191  commission. The commission shall select the most current version
  192  of the International Energy Conservation Code (IECC) as a
  193  foundation code; however, the IECC shall be modified by the
  194  commission to maintain the efficiencies of the Florida Energy
  195  Efficiency Code for Building Construction adopted and amended
  196  pursuant to s. 553.901.
  197         (8)(7) Notwithstanding the provisions of subsection (3) or
  198  subsection (7) (6), the commission may address issues identified
  199  in this subsection by amending the code pursuant only to the
  200  rule adoption procedures contained in chapter 120. Provisions of
  201  the Florida Building Code, including those contained in
  202  referenced standards and criteria, relating to wind resistance
  203  or the prevention of water intrusion may not be amended pursuant
  204  to this subsection to diminish those construction requirements;
  205  however, the commission may, subject to conditions in this
  206  subsection, amend the provisions to enhance those construction
  207  requirements. Following the approval of any amendments to the
  208  Florida Building Code by the commission and publication of the
  209  amendments on the commission’s website, authorities having
  210  jurisdiction to enforce the Florida Building Code may enforce
  211  the amendments. The commission may approve amendments that are
  212  needed to address:
  213         (a) Conflicts within the updated code;
  214         (b) Conflicts between the updated code and the Florida Fire
  215  Prevention Code adopted pursuant to chapter 633;
  216         (c) The omission of previously adopted Florida-specific
  217  amendments to the updated code if such omission is not supported
  218  by a specific recommendation of a technical advisory committee
  219  or particular action by the commission;
  220         (d) Unintended results from the integration of previously
  221  adopted Florida-specific amendments with the model code;
  222         (e) Equivalency of standards;
  223         (f) The specific needs of state agencies when their rules
  224  must be updated to reflect federal requirements relating to
  225  design criteria for public educational facilities and state
  226  licensed facilities.
  227         (g)(e) Changes to or inconsistencies with federal or state
  228  law; or
  229         (h)(f) Adoption of an updated edition of the National
  230  Electrical Code if the commission finds that delay of
  231  implementing the updated edition causes undue hardship to
  232  stakeholders or otherwise threatens the public health, safety,
  233  and welfare.
  234         (10)(9) The following buildings, structures, and facilities
  235  are exempt from the Florida Building Code as provided by law,
  236  and any further exemptions shall be as determined by the
  237  Legislature and provided by law:
  238         (a) Buildings and structures specifically regulated and
  239  preempted by the Federal Government.
  240         (b) Railroads and ancillary facilities associated with the
  241  railroad.
  242         (c) Nonresidential farm buildings on farms.
  243         (d) Temporary buildings or sheds used exclusively for
  244  construction purposes.
  245         (e) Mobile or modular structures used as temporary offices,
  246  except that the provisions of part II relating to accessibility
  247  by persons with disabilities shall apply to such mobile or
  248  modular structures.
  249         (f) Those structures or facilities of electric utilities,
  250  as defined in s. 366.02, which are directly involved in the
  251  generation, transmission, or distribution of electricity.
  252         (g) Temporary sets, assemblies, or structures used in
  253  commercial motion picture or television production, or any
  254  sound-recording equipment used in such production, on or off the
  255  premises.
  256         (h) Storage sheds that are not designed for human
  257  habitation and that have a floor area of 720 square feet or less
  258  are not required to comply with the mandatory wind-borne-debris
  259  impact standards of the Florida Building Code.
  260         (i) Chickees constructed by the Miccosukee Tribe of Indians
  261  of Florida or the Seminole Tribe of Florida. As used in this
  262  paragraph, the term “chickee” means an open-sided wooden hut
  263  that has a thatched roof of palm or palmetto or other
  264  traditional materials, and that does not incorporate any
  265  electrical, plumbing, or other nonwood features.
  266         (j) Family mausoleums that are prefabricated and assembled
  267  on site, or preassembled and delivered on site; that have walls,
  268  roofs, and a floor constructed of granite, marble, or reinforced
  269  concrete; and that do not exceed 250 square feet in area.
  271  With the exception of paragraphs (a), (b), (c), and (f), in
  272  order to preserve the health, safety, and welfare of the public,
  273  the Florida Building Commission may, by rule adopted pursuant to
  274  chapter 120, provide for exceptions to the broad categories of
  275  buildings exempted in this section, including exceptions for
  276  application of specific sections of the code or standards
  277  adopted therein. The Department of Agriculture and Consumer
  278  Services shall have exclusive authority to adopt by rule,
  279  pursuant to chapter 120, exceptions to nonresidential farm
  280  buildings exempted in paragraph (c) when reasonably necessary to
  281  preserve public health, safety, and welfare. The exceptions must
  282  be based upon specific criteria, such as under-roof floor area,
  283  aggregate electrical service capacity, HVAC system capacity, or
  284  other building requirements. Further, the commission may
  285  recommend to the Legislature additional categories of buildings,
  286  structures, or facilities which should be exempted from the
  287  Florida Building Code, to be provided by law.
  288         Section 5. Subsection (5) is added to section 553.74,
  289  Florida Statutes, to read:
  290         553.74 Florida Building Commission.—
  291         (5) Notwithstanding s. 112.313 or any other provision of
  292  law, a person’s membership on any of the commission’s technical
  293  advisory committees or other advisory committees or workgroups
  294  does not constitute an impermissible conflict of interest if
  295  that person represents clients before the commission or one of
  296  its committees or workgroups. However, such person may not be
  297  part of any discussion or take action as a member of a committee
  298  or workgroup on any matter in which he or she has a direct
  299  financial interest.
  300         Section 6. Subsection (2) of section 553.76, Florida
  301  Statutes, is amended to read:
  302         553.76 General powers of the commission.—The commission is
  303  authorized to:
  304         (2) Issue memoranda of procedure for its internal
  305  management and control. The commission may adopt rules related
  306  to its consensus-based, decisionmaking processes, including, but
  307  not limited to, super majority voting requirements for
  308  commission actions regarding the adoption of the Florida
  309  Building Code.
  310         Section 7. Subsection (4) of section 553.775, Florida
  311  Statutes, is amended to read:
  312         553.775 Interpretations.—
  313         (4) In order to administer this section, the commission may
  314  adopt by rule and impose a fee for filing requests for
  315  declaratory statements and binding and nonbinding
  316  interpretations to recoup the cost of the proceedings which may
  317  not exceed $250 for each request for a review or interpretation.
  318  For proceedings conducted by or in coordination with a third
  319  party, the rule may provide that payment be made directly to the
  320  third party, who shall remit to the department that portion of
  321  the fee necessary to cover the costs of the department.
  322         Section 8. Subsection (3) of section 553.80, Florida
  323  Statutes, is amended to read:
  324         553.80 Enforcement.—
  325         (3) Each enforcement district shall be governed by a board,
  326  the composition of which shall be determined by the affected
  327  localities. At its own option each enforcement district or local
  328  enforcement agency may promulgate rules granting to the owner of
  329  a single-family residence one or more exemptions from the
  330  Florida Building Code relating to:
  331         (a) Addition, alteration, or repairs performed by the
  332  property owner upon his or her own property, provided any
  333  addition or alteration shall not exceed 1,000 square feet or the
  334  square footage of the primary structure, whichever is less.
  335         (b) Addition, alteration, or repairs by a nonowner within a
  336  specific cost limitation set by rule, provided the total cost
  337  shall not exceed $5,000 within any 12-month period.
  338         (c) Building and inspection fees.
  340  The exemptions do not apply to a single-family residence that is
  341  located in a mapped flood hazard area, as defined in the code,
  342  unless the enforcement district or local enforcement agency has
  343  determined, that the work does not constitute a substantial
  344  improvement to the single-family residence, including the repair
  345  of substantial damage. Each code exemption, as defined in
  346  paragraphs (a), (b), and (c), shall be certified to the local
  347  board 10 days prior to implementation and shall only be
  348  effective in the territorial jurisdiction of the enforcement
  349  district or local enforcement agency implementing it.
  350         Section 9. Subsections (1) and (8) of section 553.842,
  351  Florida Statutes, are amended to read:
  352         553.842 Product evaluation and approval.—
  353         (1) The commission shall adopt rules under ss. 120.536(1)
  354  and 120.54 to develop and implement a product evaluation and
  355  approval system that applies statewide to operate in
  356  coordination with the Florida Building Code. The commission may
  357  enter into contracts to provide for administration of the
  358  product evaluation and approval system. The commission’s rules
  359  and any applicable contract may provide that the payment of fees
  360  related to approvals be made directly to the administrator. The
  361  product evaluation and approval system shall provide:
  362         (a) Appropriate promotion of innovation and new
  363  technologies.
  364         (b) Processing submittals of products from manufacturers in
  365  a timely manner.
  366         (c) Independent, third-party qualified and accredited
  367  testing and laboratory facilities, product evaluation entities,
  368  quality assurance agencies, certification agencies, and
  369  validation entities.
  370         (d) An easily accessible product acceptance list to
  371  entities subject to the Florida Building Code.
  372         (e) Development of stringent but reasonable testing
  373  criteria based upon existing consensus standards, when
  374  available, for products.
  375         (f) Long-term approvals, where feasible. State and local
  376  approvals will be valid until the requirements of the code on
  377  which the approval is based change, the product changes in a
  378  manner affecting its performance as required by the code, or the
  379  approval is revoked; however, the commission may allow by rule
  380  editorial revisions to approvals and may charge a fee as
  381  provided in this section.
  382         (g) Criteria for revocation of a product approval.
  383         (h) Cost-effectiveness.
  384         (8) The commission may adopt rules to approve the following
  385  types of entities that produce information on which product
  386  approvals are based. All of the following entities, including
  387  engineers and architects, must comply with a nationally
  388  recognized standard demonstrating independence or no conflict of
  389  interest:
  390         (a) Evaluation entities that meet the criteria for approval
  391  adopted by the commission by rule. The commission shall
  392  specifically approve the National Evaluation Service, the
  393  International Conference of Building Officials Evaluation
  394  Services, the International Code Council Evaluation Services,
  395  the Building Officials and Code Administrators International
  396  Evaluation Services, the Southern Building Code Congress
  397  International Evaluation Services, the International Association
  398  of Plumbing and Mechanical Officials Evaluation Service, and the
  399  Miami-Dade County Building Code Compliance Office Product
  400  Control. Architects and engineers licensed in this state are
  401  also approved to conduct product evaluations as provided in
  402  subsection (5).
  403         (b) Testing laboratories accredited by national
  404  organizations, such as A2LA and the National Voluntary
  405  Laboratory Accreditation Program, laboratories accredited by
  406  evaluation entities approved under paragraph (a), and
  407  laboratories that comply with other guidelines for testing
  408  laboratories selected by the commission and adopted by rule.
  409         (c) Quality assurance entities approved by evaluation
  410  entities approved under paragraph (a) and by certification
  411  agencies approved under paragraph (d) and other quality
  412  assurance entities that comply with guidelines selected by the
  413  commission and adopted by rule.
  414         (d) Certification agencies accredited by nationally
  415  recognized accreditors and other certification agencies that
  416  comply with guidelines selected by the commission and adopted by
  417  rule.
  418         (e) Validation entities that comply with accreditation
  419  standards established by the commission by rule.
  420         Section 10. Subsections (1) and (3) of section 553.885,
  421  Florida Statutes, are amended to read:
  422         553.885 Carbon monoxide alarm required.—
  423         (1) Every separate building or addition to an existing
  424  building, other than a hospital, an inpatient hospice facility,
  425  or a nursing home facility licensed by the Agency for Health
  426  Care Administration, constructed for which a building permit is
  427  issued for new construction on or after July 1, 2008, and having
  428  a fossil-fuel-burning heater or appliance, a fireplace, or an
  429  attached garage, or other feature, fixture, or element that
  430  emits carbon monoxide as a byproduct of combustion, shall have
  431  an approved operational carbon monoxide alarm installed within
  432  10 feet of each room used for sleeping purposes in the new
  433  building or addition or at such other locations as required by
  434  the Florida Building Code. The requirements in this subsection
  435  may be satisfied with the installation of a battery-powered
  436  carbon monoxide alarm or a battery-powered combination carbon
  437  monoxide and smoke alarm. For a new hospital, an inpatient
  438  hospice facility, or a nursing home facility licensed by the
  439  Agency for Health Care Administration, an approved operational
  440  carbon monoxide detector shall be installed inside or directly
  441  outside of each room or area within the hospital or facility
  442  where a fossil-fuel-burning heater, engine, or appliance is
  443  located. This detector shall be connected to the fire alarm
  444  system of the hospital or facility as a supervisory signal. This
  445  subsection does not apply to existing buildings that are
  446  undergoing alterations or repairs unless the alteration is an
  447  addition as defined in subsection (3).
  448         (3) As used in this section, the term:
  449         (a) “Carbon monoxide alarm” means a device that is meant
  450  for the purpose of detecting carbon monoxide, that produces a
  451  distinct audible alarm, and that meets the requirements of and
  452  is approved by the Florida Building Commission.
  453         (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
  454  other petroleum or hydrocarbon product that emits carbon
  455  monoxide as a by-product of combustion.
  456         (c) “Addition” means an extension or increase in floor
  457  area, number of stories, or height of a building or structure.
  458         Section 11. This act shall take effect upon becoming a law.

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