hb1307c1703277 CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Cantens offered the following:

12

13         Amendment (with title amendment) 

14  Remove:  everything after the enacting clause,

15

16  and insert:

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

18  Building Commission to develop building code provisions that

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

20  rehabilitation and use of existing structures. The commission

21  shall select from available national or international model

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

23  to form the foundation for the code provisions required by

24  this section.

25         (2)  The commission shall seek consensus with

26  firesafety professionals, advocates for persons with

27  disabilities, representatives of the construction industry,

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

29  by the commission as having an interest in building code

30  provisions. The commission may modify the selected model codes

31  and standards as needed to accommodate the specific needs of

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  this state.

  2         (3)  In conjunction with its code development

  3  activities, the commission shall identify legislative changes

  4  required to implement the code provisions developed pursuant

  5  to subsections (1) and (2).

  6         (4)  The commission shall report the activities

  7  undertaken in response to the requirements of this section to

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

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

10  Recommended code provisions and the legislative changes

11  required for implementation shall be attached as appendices to

12  the annual report.

13         Section 2.  Section 399.01, Florida Statutes, is

14  amended to read:

15         399.01  Definitions.--As used in this chapter, the

16  term:

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

18  vertical conveyance other than maintenance, repair, or

19  replacement.

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

21  issued by the division which evidences the competency of a

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

23  vertical conveyance.

24         (2)(3)  "Certificate of operation" means a document

25  issued by the department which indicates that the conveyance

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

27  have been paid as provided in this chapter.

28         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

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

30  chairlift.

31         (4)(5)  "Department" means the Department of Business

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  and Professional Regulation.

  2         (5)(6)  "Division" means the Division of Hotels and

  3  Restaurants of the Department of Business and Professional

  4  Regulation.

  5         (6)(7)  "Elevator" means one of the following

  6  mechanical devices:

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

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

  9  more landings to transport material or passengers or both.

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

11  continuous stairway used for raising or lowering passengers.

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

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

14  guide rails and serves two or more landings.

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

16  passenger-carrying device on which passengers stand or walk

17  and in which the passenger-carrying surface remains parallel

18  to its direction of motion and is uninterrupted.

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

20  used to transport physically handicapped persons over

21  architectural barriers.

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

23  a device used to transport wheelchair handicapped persons over

24  architectural barriers.

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

26  escalator in the Florida Building Code.

27         (7)(9)  "Existing installation" means an installation

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

29  Code.

30         (8)(10)  "Elevator Safety Technical Advisory Committee"

31  means the committee appointed by the secretary of the

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  Department of Business and Professional Regulation.

  2         (9)(11)  "Private residence" means a separate dwelling

  3  or a separate apartment in a multiple dwelling which is

  4  occupied by members of a single-family unit.

  5         (10)(12)  "Service maintenance contract" means a

  6  contract that provides for routine examination, lubrication,

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

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

  9  elevator and annual relief pressure test on a hydraulic

10  elevator and any other service, repair, and maintenance

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

12  service maintenance contract shall be made available upon

13  request of the department for purposes of oversight and

14  monitoring.

15         (11)(13)  "Temporarily dormant conveyance" means a

16  conveyance whose power supply has been disconnected by

17  removing fuses and placing a padlock on the mainline

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

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

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

21  a certified certificate of competency elevator inspector. This

22  conveyance installation may not be used again until it has

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

24  Annual inspections shall continue for the duration of the

25  temporarily dormant status by a certified certificate of

26  competency elevator inspector. The temporarily dormant status

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

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

29  chief elevator inspector describing the current conditions.

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

31  without permission from the department elevator inspector.

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         (12)(14)  "Temporary operation inspection permit" means

  2  an inspection performed by a certified elevator inspector, the

  3  successful passage of a document issued by the department

  4  which permits the temporary use of a noncompliant vertical

  5  conveyance as provided by rule.

  6         (13)(15)  "Registered elevator company" means an entity

  7  registered with and authorized by the division employing

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

  9  any vertical conveyance. Each registered elevator company must

10  annually register with the division and maintain general

11  liability insurance coverage in the minimum amounts set by

12  rule the division.

13         (14)(16)  "Certified elevator inspector" is a natural

14  person registered with and authorized by the division to

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

16  conveyance, after having properly acquired the qualified

17  elevator inspector credential as prescribed by the American

18  Society of Mechanical Engineers. Each certified elevator

19  inspector must annually register with the division and provide

20  from the National Association of Elevator Safety Authorities.

21  Such person shall remain so authorized by the division only

22  upon providing annual proof of completion of 8 hours of

23  continuing education, proof that and the qualified elevator

24  inspector credential remains in good standing, and proof of

25  with the National Association of Elevator Safety Authorities.

26  A licensed mechanical engineer whose license is in good

27  standing may be authorized as a certified elevator inspector

28  by the division. Each certified elevator inspector must

29  annually register with the division and maintain general

30  liability insurance coverage in the minimum amounts set by the

31  division.

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         (15)(17)  "Certified elevator technician" means a

  2  natural person authorized by the division to construct,

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

  4  having been issued an elevator certificate of competency by

  5  the division. Each certified elevator technician must annually

  6  register with the division and be covered by maintain general

  7  liability insurance coverage in the minimum amounts set by the

  8  division.

  9         (16)(18)  "Elevator helper" means a natural person

10  performing work under the direct supervision of an elevator

11  certificate of competency holder a certified elevator

12  inspector or an elevator technician to construct, install,

13  maintain, or repair any vertical conveyance.

14         (17)(19)  "Elevator certificate of competency" means a

15  credential issued by the division to any individual natural

16  person successfully completing an examination as prescribed by

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

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

19  renewed by the division when the division receives proof of

20  the elevator certificate of competency holder's completion of

21  8 hours of continuing education from a provider approved by

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

23  department shall adopt by rule criteria for providing approval

24  and procedures for continuing education reporting.

25         (a)  An elevator certificate of competency may be

26  issued only if the applicant meets the following requirements:

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

28  maintenance, service, and repair of conveyances covered by

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

30  previously registered elevator companies as required by the

31  division.

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         2.  One of the following:

  2         a.  Proof of completion and successful passage of a

  3  written examination administered by the division or a provider

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

  5         b.  Proof of completion of an apprenticeship program

  6  for elevator mechanics which has standards substantially

  7  equivalent to those found in a national training program for

  8  elevator mechanics and is registered with the Bureau of

  9  Apprenticeship and Training of the United States Department of

10  Labor or a state apprenticeship authority.

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

12  local jurisdiction in the United States having standards

13  substantially equal to or more stringent than those of this

14  chapter.

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

16  good standing may be granted an elevator certificate of

17  competency.

18

19  All other building transportation terms are defined in the

20  current Florida Building Code.

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

22  Florida Statutes, are amended to read:

23         399.02  General requirements.--

24         (1)  The Elevator Safety Technical Advisory Committee

25  shall develop and submit to the Director of Hotels and

26  Restaurants proposed regarding revisions to the elevator

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

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

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

30  for the correction of violations and deficiencies until the

31  elevator has been inspected and a certificate of operation has

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  been issued by the department.  The construction permitholder

  2  is responsible for all tests of new and altered equipment

  3  until the elevator has been inspected and a certificate of

  4  operation has been issued by the department.

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

  6  operation, and proper maintenance, and inspection and

  7  correction of code deficiencies of the elevator after it has

  8  been inspected and a certificate of operation has been issued

  9  by the department. The responsibilities of the elevator owner

10  may be assigned by lease.

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

12  60 days before the expiration of the certificate of operation

13  whether there exists a service maintenance contract, with whom

14  the contract exists, and the details concerning the provisions

15  and implementation of the contract which the department

16  requires. The department shall keep the names of companies

17  with whom the contract exists confidential pursuant to the

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

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

20  department.  The elevator owner must report any material

21  change in the service maintenance contract no fewer than 30

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

23  shall determine whether the provisions of the service

24  maintenance contract and its implementation ensure the safe

25  operation of the elevator.

26         Section 4.  Section 399.03, Florida Statutes, is

27  amended to read:

28         399.03  Design, installation, and alteration of

29  conveyances.--

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

31  erected, constructed, installed, or altered within buildings

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

  2  department before the work is commenced. Permits must be

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

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

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

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

  7  elevator company that the plans meet all applicable elevator

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

  9  registered elevator companies in good standing. When any

10  material alteration is made, the alteration device must

11  conform to applicable requirements of the Florida Building

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

13  permit required hereunder may not be issued except to a

14  person, firm, or corporation holding a current elevator

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

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

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

18  operation is issued.

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

20  application requirements and permit fees.

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

22         (a)  There are any false statements or

23  misrepresentations as to the material facts in the

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

25  based.

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

27  accordance with the code or rules.

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

29  performed in accordance with the provisions of the

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

31  conditions of the permit.

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         (d)  The construction permitholder to whom the permit

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

  3         (4)  A permit expires if:

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

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

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

  7  time the permit is issued.

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

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

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

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

12  discretionary extension for the foregoing period.

13         (5)  All new conveyance installations must be performed

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

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

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

17  certify compliance with the applicable sections of this

18  chapter and the Florida Building Code. Before any vertical

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

20  must be inspected by a certified elevator licensed inspector

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

22  with the elevator construction permitholder or elevator owner

23  and certified as meeting the safety provisions of the Florida

24  Building Code, including the performance of all required

25  safety tests. The certified elevator inspector shall provide

26  the original copy of the inspection report to the department

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

28  may not be issued until the permitholder provides an affidavit

29  signed by the construction supervisor attesting that the

30  supervisor directly supervised the construction or

31  installation of the elevator. Upon successful inspection, the

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  the responsibility of the licensed elevator construction

  5  permitholder to complete and submit a first-time registration

  6  for a new installation. Vertical conveyances, including

  7  stairway chairlifts, and inclined or vertical wheelchair lifts

  8  located in private residences are not required to obtain a

  9  certificate of operation under this chapter.

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

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

12  conveyance. A certificate of operation must be clearly

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

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

15  personnel. Certificates of operation may only be renewed for

16  vertical conveyances having a current satisfactory inspection.

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

18  oversight and monitoring, the permitholder shall notify the

19  department of the scheduled final inspection date and time for

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

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

22  the presence of a licensed elevator inspector not associated

23  with or employed by the installing company or contractor,

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

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

26  the applicable provisions of the Florida Building Code.

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

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

29  effect at the time of receipt of application for the

30  construction permit for the elevator.

31         (8)(9)  Each alteration to, or relocation of, an

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  elevator shall comply with the edition of the Florida Building

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

  3  receipt of the application for the construction permit for the

  4  alteration or relocation.

  5         (9)(10)  When any change is made in the classification

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

  7  requirements of the version of the Florida Building Code or

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

  9  receipt of the application for the construction permit for the

10  change in classification.

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

12  installation or alteration is authorized for a period of 30

13  days after the completion of a satisfactory temporary

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

15  use is authorized from the date of completion of each

16  additional satisfactory temporary operation inspection. A

17  satisfactory temporary operation inspection must satisfy the

18  following criteria: the elevator is tested under contract

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

20  interlocks are installed; the car is completely enclosed,

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

22  are installed and properly functioning; and terminal stopping

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

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

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

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

27  operating speed of the elevator, and the governor tripping

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

29  the elevator.

30         (b)  Temporary use is authorized only when a

31  satisfactory temporary operation inspection report, completed

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

  2  a notice prescribed by the department, bearing a statement

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

  4  elevator inspector, are conspicuously posted in the elevator.

  5         Section 5.  Section 399.049, Florida Statutes, is

  6  amended to read:

  7         399.049  Disciplinary action Certificate of

  8  competency.--

  9         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

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

11  elevator inspector certification, an elevator company

12  registration, an elevator a license or certificate of

13  competency, or an elevator certificate of operation issued

14  under this chapter or impose an administrative penalty of up

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

16  licensee or certificateholder who commits any one or more of

17  the following violations:

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

19  the application for registration, certification, or any permit

20  or certificate issued under this chapter.

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

22  practice of the profession securing a license or certificate

23  of competency.

24         (c)  Failure by a certified elevator inspector to

25  provide to notify the department and the certificate of

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

27  days after the date of any inspection performed after the

28  initial certificate of operation is issued of a conveyance

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

30  provisions of the elevator safety code incorporated into the

31  Florida Building Code.

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  rules adopted thereunder.

  5         Section 6.  Section 399.061, Florida Statutes, is

  6  amended to read:

  7         399.061  Inspections; service maintenance contracts;

  8  correction of deficiencies.--

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

10  this chapter must be annually inspected by a certified

11  elevator inspector through a third-party inspection service,

12  or by a municipality or county under contract with the

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

14  conveyance is maintained pursuant to a service maintenance

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

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

17  not employed by or otherwise associated with the maintenance

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

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

20  a service maintenance contract, an inspection is not required

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

22  verifying the existence, performance, and cancellation of each

23  service maintenance contract must be filed annually with the

24  division as prescribed by rule.

25         (b)  A statement verifying the existence and

26  performance of each service maintenance contract must be filed

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

28  Cancellation of a service maintenance contract must be

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

30  may inspect an elevator whenever necessary to ensure its safe

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

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  available for a routine inspection.

  2         (2)  The division may employ state elevator inspectors

  3  to inspect an elevator whenever necessary to ensure its safe

  4  operation. The division may also employ state elevator

  5  inspectors to conduct any the inspections as required by this

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

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

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

  9  elevator inspector is not available. Each state elevator

10  inspector shall be properly qualified as a certified elevator

11  inspector hold a certificate of competency issued by the

12  division.

13         (3)  Whenever the division determines from the results

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

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

16  the elevator or order the discontinuance of the use of the

17  elevator until the division determines by inspection that such

18  elevator has been satisfactorily repaired or replaced so that

19  the elevator may be operated in a safe manner.

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

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

22  division may issue an order to the elevator owner requiring

23  correction of the violation and reinspection of the elevator

24  evidencing the correction.

25         Section 7.  Section 399.07, Florida Statutes, is

26  amended to read:

27         399.07  Certificates of operation; temporary operation

28  permits; fees.--

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

30  until the elevator company supervisor signs an affidavit

31  stating that the elevator company supervisor directly

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  supervised construction or installation of the elevator.

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

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

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

  5  department may adopt rules establishing a procedure for

  6  certificate renewal. Certificates of operation may be renewed

  7  only for vertical conveyances having a current satisfactory

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

  9  certificate of operation is in violation of this chapter.

10  Certificate of operation renewal applications received by the

11  department after the date of expiration of the last current

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

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

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

15  renewal of certificates of operation. The fees must be

16  deposited into the Hotel and Restaurant Trust Fund. The

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

18  of certificates of operation.  The renewal period commences on

19  August 1 of each year.

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

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

22  a transparent cover.

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

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

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

26  operation filed with the department after expiration date of

27  the certificate must be accompanied by a delinquency fee of

28  $50 in addition to the annual renewal fee and any other fees

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

30  Restaurant Trust Fund.

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

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  1  permit authorizing the temporary use of an elevator during

  2  installation or alteration to an elevator company or general

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

  4  temporary operation permit may not be issued until the

  5  elevator has been inspected by a state elevator inspector and

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

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

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

  9  electrical safety devices are installed and properly

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

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

12  temporary enclosure, the operating means must be by constant

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

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

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

16  operating speed of the elevator.

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

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

19  the discretion of the department.

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

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

22  elevator has not been finally approved by a state elevator

23  inspector, must be conspicuously posted in the elevator.

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

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

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

27  Trust Fund.

28         (3)  The certificate of operation shall contain the

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

30  in elevators.

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

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  1  SMOKING" along with the international symbol for no smoking

  2  shall be conspicuously displayed within the interior of the

  3  elevator in the plain view of the public.

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

  5  authorized by this chapter operation permit, the operation or

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

  7  prohibited until the elevator has passed the tests and

  8  inspections required by this chapter and a certificate of

  9  operation has been issued.

10         (6)  The department may suspend any certificate of

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

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

13  suspension remains in effect until the department receives

14  satisfactory results of an inspection performed by a certified

15  elevator inspector indicating determines, by inspection, that

16  the elevator has been brought into compliance.

17         Section 8.  Section 399.105, Florida Statutes, is

18  amended to read:

19         399.105  Administrative fines.--

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

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

22  requests of the department to determine whether the provisions

23  of a service maintenance contract and its implementation

24  ensure assure safe elevator operation is subject to an

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

26  other penalty provided by law.

27         (2)  Any person who commences the operation,

28  installation, relocation, or alteration of any elevator for

29  which a permit or certificate is required by this chapter

30  without having obtained from the department the permit or

31  certificate is subject to an administrative fine not greater

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

  2  No fine may be imposed under this subsection for commencing

  3  installation without a construction permit if such permit is

  4  issued within 60 days after the actual commencement of

  5  installation.

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

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

  8  been sealed by the department is subject to an administrative

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

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

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

12  law.

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

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

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

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

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

18         (5)  All administrative fines collected shall be

19  deposited into the Hotel and Restaurant Trust Fund.

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

21  Statutes, is amended to read:

22         399.106  Elevator Safety Technical Advisory

23  Committee.--

24         (2)  The committee members shall serve staggered terms

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

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

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

28         Section 10.  Section 399.125, Florida Statutes, is

29  amended to read:

30         399.125  Reporting of elevator accidents or incidents;

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

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    702-169AXB-32                              Bill No. CS/HB 1307

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

  2  operation holder shall report the accident or incident to the

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

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

  5  will subject the certificate of operation holder to an

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

  7  amount not to exceed $1,000.

  8         Section 11.  Section 399.13, Florida Statutes, is

  9  amended to read:

10         399.13  Delegation of authority to municipalities or

11  counties.--

12         (1)  The department may enter into contracts with

13  municipalities or counties under which such municipalities or

14  counties will issue construction permits, temporary operation

15  permits, and certificates of operation; will provide for

16  inspection of elevators, including temporary operation

17  inspections; and will enforce the applicable provisions of the

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

19  municipality or county may choose to require inspections to be

20  performed by its own inspectors or by private certified

21  elevator inspectors. Each such agreement shall include a

22  provision that the municipality or county shall maintain for

23  inspection by the department copies of all applications for

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

25  proper records showing the number of certificates of operation

26  issued; shall include a provision that each required

27  inspection be conducted by a certified elevator inspector the

28  holder of a certificate of competency issued by the

29  department; and may include such other provisions as the

30  department deems necessary.

31         (2)  The department may make inspections of elevators

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  1  in such municipality or county for the purpose of determining

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

  3  cancel the contract with any municipality or county which the

  4  department finds has failed to comply with such contract or

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

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

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

  8  issued after October 1, 1990.

  9         Section 12.  Section 509.072, Florida Statutes, is

10  amended to read:

11         509.072  Hotel and Restaurant Trust Fund; collection

12  and disposition of moneys received.--

13         (1)  There is created a Hotel and Restaurant Trust Fund

14  to be used for the administration and operation of the

15  division and the carrying out of all laws and rules under the

16  jurisdiction of the division pertaining to the construction,

17  maintenance, and operation of public lodging establishments

18  and public food service establishments, including the

19  inspection of elevators as required under chapter 399.  All

20  funds collected by the division and the amounts paid for

21  licenses and fees shall be deposited in the State Treasury

22  into the Hotel and Restaurant Trust Fund.

23         (2)  The department shall maintain a separate account

24  in the Hotel and Restaurant Trust Fund for funds collected for

25  the inspection of elevators as required under chapter 399. To

26  the maximum extent possible, the department shall directly

27  charge all expenses to the account for elevator inspections.

28  For the purpose of this subsection, direct charge expenses

29  include, but are not limited to, costs for investigations,

30  examinations, or legal services. For expenses that cannot be

31  charged directly, the department shall provide for the

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    702-169AXB-32                              Bill No. CS/HB 1307

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  1  proportionate allocation among the accounts of expenses

  2  incurred by the department in the performance of its duties.

  3  The department may not expend funds from the account of the

  4  elevator inspections to pay for the expenses incurred on

  5  behalf of hotel or restaurant regulation, nor may the funds be

  6  deposited or transferred into any other trust fund

  7  administered by the department or any of its divisions. The

  8  department shall maintain adequate records to support its

  9  allocation of the department's expenses.

10         (3)(2)  Fees collected under s. 509.302(3) and

11  deposited into the trust fund must be used solely for the

12  purpose of funding the Hospitality Education Program, except

13  for any trust fund service charge imposed by s. 215.20, and

14  may not be used to pay for any expense of the division not

15  directly attributable to the Hospitality Education Program.

16  These funds may not be deposited or transferred into any other

17  trust fund administered by the Department of Business and

18  Professional Regulation or any of its divisions. For audit

19  purposes, fees collected under s. 509.302(3) and all charges

20  against those fees must be maintained by the department as a

21  separate ledger.

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

23  553.73, Florida Statutes, as amended by section 2 of chapter

24  2001-372, Laws of Florida, is amended to read:

25         553.73  Florida Building Code.--

26         (4)

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

28  of this section, adopt amendments to the technical provisions

29  of the Florida Building Code which apply solely within the

30  jurisdiction of such government and which provide for more

31  stringent requirements than those specified in the Florida

                                  22

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    702-169AXB-32                              Bill No. CS/HB 1307

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

  2  government may adopt technical amendments that address local

  3  needs if, provided:

  4         1.  The local governing body determines, following a

  5  public hearing which has been advertised in a newspaper of

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

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

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

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

10  demonstrates by evidence or data that the geographical

11  jurisdiction governed by the local governing body exhibits a

12  local need to strengthen the Florida Building Code beyond the

13  needs or regional variation addressed by the Florida Building

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

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

16  necessary to address the local need that local conditions

17  justify more stringent requirements than those specified in

18  the Florida Building Code for the protection of life and

19  property.

20         2.  Such additional requirements are not discriminatory

21  against materials, products, or construction techniques of

22  demonstrated capabilities.

23         3.  Such additional requirements may not introduce a

24  new subject not addressed in the Florida Building Code.

25         4.  The enforcing agency shall make readily available,

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

27  section.

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

29  transmitted within 30 days by the adopting local government to

30  the commission.  The commission shall maintain copies of all

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

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    702-169AXB-32                              Bill No. CS/HB 1307

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  1  the public.

  2         6.  Any amendment to the Florida Building Code adopted

  3  by a local government pursuant to this paragraph shall be

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

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

  6  time, the commission shall review such amendment for

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

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

  9  the amendment. The commission shall immediately notify the

10  respective local government of the rescission of any

11  amendment. After receiving such notice, the respective local

12  government may readopt the rescinded amendment pursuant to the

13  provisions of this paragraph.

14         7.  Each county and municipality desiring to make local

15  technical amendments to the Florida Building Code shall by

16  interlocal agreement establish a countywide compliance review

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

18  adopted by a local government within the county pursuant to

19  this paragraph, that is challenged by any substantially

20  affected party for purposes of determining the amendment's

21  compliance with this paragraph. If the compliance review board

22  determines such amendment is not in compliance with this

23  paragraph, the compliance review board shall notify such local

24  government of the noncompliance and that the amendment is

25  invalid and unenforceable until the local government corrects

26  the amendment to bring it into compliance. The local

27  government may appeal the decision of the compliance review

28  board to the commission, which shall conduct a hearing under

29  chapter 120 and the uniform rules of procedure. If the

30  compliance review board determines such amendment to be in

31  compliance with this paragraph, any substantially affected

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

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  1  party may appeal such determination to the commission, which

  2  shall conduct a hearing under chapter 120 and the uniform

  3  rules of procedure. The local government adopting the

  4  amendment that is subject to challenge has the burden of

  5  proving that the amendment complies with this paragraph in

  6  proceedings before the compliance review board and the

  7  commission, as applicable. Actions of the commission are

  8  subject to judicial review pursuant to s. 120.68. The

  9  compliance review board shall determine whether its decisions

10  apply to a respective local jurisdiction or apply countywide.

11         8.  An amendment adopted under this paragraph shall

12  include a fiscal impact statement which documents the costs

13  and benefits of the proposed amendment.  Criteria for the

14  fiscal impact statement shall include the impact to local

15  government relative to enforcement, the impact to property and

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

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

18  a basis for challenging the amendment for compliance.

19         9.  In addition to subparagraphs 7. and 8., the

20  commission may review any amendments adopted pursuant to this

21  subsection and make nonbinding recommendations related to

22  compliance of such amendments with this subsection.

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

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

25         553.74  Florida Building Commission.--

26         (1)  The Florida Building Commission is created and

27  shall be located within the Department of Community Affairs

28  for administrative purposes. Members shall be appointed by the

29  Governor subject to confirmation by the Senate. The commission

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

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

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    702-169AXB-32                              Bill No. CS/HB 1307

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  1  and actively engaged in the profession.

  2         (b)  One structural engineer registered to practice in

  3  this state and actively engaged in the profession.

  4         (c)  One air-conditioning or mechanical contractor

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

  6  the profession.

  7         (d)  One electrical contractor certified to do business

  8  in this state and actively engaged in the profession.

  9         (e)  One member from fire protection engineering or

10  technology who is actively engaged in the profession.

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

12  this state and actively engaged in the profession.

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

14  this state and actively engaged in the profession.

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

16  contractor certified to do business in this state and actively

17  engaged in the profession.

18         (i)  One residential contractor licensed to do business

19  in this state and actively engaged in the profession.

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

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

22         (k)  One member who represents the Department of

23  Insurance.

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

25  official.

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

27  persons with disabilities or a nationally chartered

28  organization of persons with disabilities with chapters in

29  this state.

30         (n)  One member of the manufactured buildings industry

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

                                  26

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    702-169AXB-32                              Bill No. CS/HB 1307

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  1  engaged in the industry.

  2         (o)  One mechanical or electrical engineer registered

  3  to practice in this state and actively engaged in the

  4  profession.

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

  6  municipality or a charter county.

  7         (q)  One member of the building products manufacturing

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

  9  actively engaged in the industry.

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

11  owners and managers industry who is actively engaged in

12  commercial building ownership or management.

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

14  insurance industry.

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

16  education.

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

18

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

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

21  two full terms is eligible for reappointment to the commission

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

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

24  Florida Statutes, to read:

25         553.77  Specific powers of the commission.--

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

27  process of rendering nonbinding interpretations of the Florida

28  Building Code.  The commission is specifically authorized to

29  refer interpretive issues to organizations that represent

30  those engaged in the construction industry.  The commission is

31  directed to immediately implement the process prior to the

                                  27

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    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

  2  Legislature that the commission create a process to refer

  3  questions to a small, rotating group of individuals licensed

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

  5  questions regarding the interpretation of code provisions.  It

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

  7  the expeditious resolution of the issues presented and

  8  publication of the resulting interpretation on the Building

  9  Code Information System.  Such interpretations are to be

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

11         Section 16.  Effective October 1, 2002, section

12  553.791, Florida Statutes, is created to read:

13         553.791  Alternative plans review and inspection.--

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

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

16  and any local technical amendments to the Florida Building

17  Code but does not include the applicable minimum fire

18  prevention and firesafety codes adopted pursuant to chapter

19  633.

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

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

22  structure for which permitting by a local enforcement agency

23  is required.

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

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

26  review of building plans to determine compliance with

27  applicable codes and those inspections required by law of each

28  phase of construction for which permitting by a local

29  enforcement agency is required to determine compliance with

30  applicable codes.

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

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

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  1  the private provider identified in the permit application who

  2  reviews plans or performs inspections as provided by this

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

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

  5  certificate under part XII of chapter 468.

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

  7  within the governing jurisdiction responsible for direct

  8  regulatory administration or supervision of plans review,

  9  enforcement, and inspection of any construction, erection,

10  alteration, demolition, or substantial improvement of, or

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

12  indicate compliance with applicable codes and includes any

13  duly authorized designee of such person.

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

15  and submitted application for:

16         1.  The requested building or construction permit.

17         2.  The plans reviewed by the private provider.

18         3.  The affidavit from the private provider required

19  pursuant to subsection (5).

20         4.  Any applicable fees.

21         5.  Any documents required by the local building

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

23  government approvals required by law.

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

25  engineer under chapter 471 or as an architect under chapter

26  481.

27         (h)  "Request for certificate of occupancy or

28  certificate of completion" means a properly completed and

29  executed application for:

30         1.  A certificate of occupancy or certificate of

31  completion.

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    702-169AXB-32                              Bill No. CS/HB 1307

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  1         2.  A certificate of compliance from the private

  2  provider required pursuant to subsection (10).

  3         3.  Any applicable fees.

  4         4.  Any documents required by the local building

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

  6  government approvals required by law.

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

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

  9  building code inspection services with regard to such building

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

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

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

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

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

15  review or required building inspections. The local building

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

17  adopted policies of the local enforcement agency, may require

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

19  private provider to provide both plans review and required

20  building inspection services.

21         (3)  A private provider and any duly authorized

22  representative may only perform building code inspection

23  services that are within the disciplines covered by that

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

25  471, or chapter 468. A private provider may not provide

26  building code inspection services pursuant to this section

27  upon any building designed or constructed by the private

28  provider or the private provider's firm.

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

30  building code inspection services shall notify the local

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

                                  30

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

  2  following information:

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

  4  provider.

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

  6  facsimile number of each private provider who is performing or

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

  8  certification number, qualification statements or resumes,

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

10  of insurance demonstrating that professional liability

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

12  firm, the private provider, and any duly authorized

13  representative in the amounts required by this section.

14         (c)  An acknowledgment from the fee owner in

15  substantially the following form:

16

17         I have elected to use one or more private

18         providers to provide building code plans review

19         and/or inspection services on the building that

20         is the subject of the enclosed permit

21         application, as authorized by s. 553.791,

22         Florida Statutes.  I understand that the local

23         building official may not review the plans

24         submitted or perform the required building

25         inspections to determine compliance with the

26         applicable codes, except to the extent

27         specified in said law.  Instead, plans review

28         and/or required building inspections will be

29         performed by licensed or certified personnel

30         identified in the application.  The law

31         requires minimum insurance requirements for

                                  31

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         such personnel, but I understand that I may

  2         require more insurance to protect my interests.

  3         By executing this form, I acknowledge that I

  4         have made inquiry regarding the competence of

  5         the licensed or certified personnel and the

  6         level of their insurance and am satisfied that

  7         my interests are adequately protected. I agree

  8         to indemnify, defend, and hold harmless the

  9         local government, the local building official,

10         and their building code enforcement personnel

11         from any and all claims arising from my use of

12         these licensed or certified personnel to

13         perform building code inspection services with

14         respect to the building that is the subject of

15         the enclosed permit application.

16

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

18  providers or the services to be provided by those private

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

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

21         (5)  A private provider performing plans review under

22  this section shall review construction plans to determine

23  compliance with the applicable codes. Upon determining that

24  the plans reviewed comply with the applicable codes, the

25  private provider shall prepare an affidavit or affidavits on a

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

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

28  provider's knowledge and belief:

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

30  duly authorized to perform plans review pursuant to this

31  section and holds the appropriate license or certificate.

                                  32

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

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

  3  permit application, the local building official shall issue

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

  5  applicant identifying the specific plan features that do not

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

  7  chapters and sections.  If the local building official does

  8  not provide a written notice of the plan deficiencies within

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

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

11  issued by the local building official on the next business

12  day.

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

14  notice of plan deficiencies to the permit applicant within the

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

16  pending resolution of the matter.  To resolve the plan

17  deficiencies, the permit applicant may elect to dispute the

18  deficiencies pursuant to subsection (12) or to submit

19  revisions to correct the deficiencies.

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

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

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

23  to provide a second written notice to the permit applicant

24  stating which of the previously identified plan features

25  remain in noncompliance with the applicable codes, with

26  specific reference to the relevant code chapters and sections.

27  If the local building official does not provide the second

28  written notice within the prescribed time period, the permit

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

30  business day.

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

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  written notice of plan deficiencies to the permit applicant

  2  within the prescribed time period, the permit applicant may

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

  4  or to submit additional revisions to correct the deficiencies.

  5  For all revisions submitted after the first revision, the

  6  local building official has an additional 5 business days to

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

  8  the permit applicant stating which of the previously

  9  identified plan features remain in noncompliance with the

10  applicable codes, with specific reference to the relevant code

11  chapters and sections.

12         (7)  A private provider performing required inspections

13  under this section shall inspect each phase of construction as

14  required by the applicable codes. The private provider shall

15  be permitted to send a duly authorized representative to the

16  building site to perform the required inspections, provided

17  all required reports and certifications are prepared by and

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

19  contractual or legal obligations are not relieved by any

20  action of the private provider.

21         (8)  A private provider performing required inspections

22  under this section shall provide notice to the local building

23  official of the date and approximate time of any such

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

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

26  building official in that jurisdiction.  The local building

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

28  verify that the private provider is performing all required

29  inspections.

30         (9)  Upon completing the required inspections at each

31  applicable phase of construction, the private provider shall

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  record such inspections on a form acceptable to the local

  2  building official.  These inspection records shall reflect

  3  those inspections required by the applicable codes of each

  4  phase of construction for which permitting by a local

  5  enforcement agency is required. The private provider, before

  6  leaving the project site, shall post each completed inspection

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

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

  9  Records of all required and completed inspections shall be

10  maintained at the building site at all times and made

11  available for review by the local building official.  The

12  private provider shall report to the local enforcement agency

13  any condition that poses an immediate threat to public safety

14  and welfare.

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

16  private provider shall prepare a certificate of compliance, on

17  a form acceptable to the local building official, summarizing

18  the inspections performed and including a written

19  representation, under oath, that the stated inspections have

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

21  knowledge and belief, the building construction inspected

22  complies with the approved plans and applicable codes.  The

23  statement required of the private provider shall be

24  substantially in the following form:

25

26         To the best of my knowledge and belief, the

27         building components and site improvements

28         outlined herein and inspected under my

29         authority have been completed in conformance

30         with the approved plans and the applicable

31         codes.

                                  35

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1

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

  3  for a certificate of occupancy or certificate of completion

  4  and the applicant's presentation of a certificate of

  5  compliance and approval of all other government approvals

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

  7  certificate of occupancy or certificate of completion or

  8  provide a notice to the applicant identifying the specific

  9  deficiencies, as well as the specific code chapters and

10  sections.  If the local building official does not provide

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

12  the request for a certificate of occupancy or certificate of

13  completion shall be deemed granted and the certificate of

14  occupancy or certificate of completion shall be issued by the

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

16  any identified deficiencies, the applicant may elect to

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

18  submit a corrected request for a certificate of occupancy or

19  certificate of completion.

20         (12)  If the local building official determines that

21  the building construction or plans do not comply with the

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

23  for a certificate of occupancy or certificate of completion,

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

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

26  noncompliance poses a threat to public safety and welfare,

27  subject to the following:

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

29  meet with the private provider within 2 business days to

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

31  providing notice to the applicant denying a permit or request

                                  36

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  for a certificate of occupancy or certificate of completion.

  2         (b)  If the local building official and private

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

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

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

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

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

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

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

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

11  decisions regarding the issuance of a building permit,

12  certificate of occupancy, or certificate of completion may be

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

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

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

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

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

18  commission's next scheduled meeting.

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

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

21  be provided to the person or entity when successfully

22  transmitted to the facsimile number listed for that person or

23  entity in the permit application or revised permit

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

25  actually received by that person or entity.

26         (14)  No local enforcement agency, local building

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

28  rules, procedures, or standards more stringent than those

29  prescribed by this section.

30         (15)  A private provider may perform building code

31  inspection services under this section only if the private

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  provider maintains insurance for professional and

  2  comprehensive general liability with minimum policy limits of

  3  $1 million per occurrence relating to all services performed

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

  5  of 5 years subsequent to the performance of building code

  6  inspection services.

  7         (16)  When performing building code inspection

  8  services, a private provider is subject to the disciplinary

  9  guidelines of the applicable professional board with

10  jurisdiction over his or her license or certification under

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

12  providers shall be subject to the disciplinary guidelines of

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

14  investigation, and discipline that arise out of a private

15  provider's performance of building code inspection services

16  shall be conducted by the applicable professional board.

17         (17)  Each local building code enforcement agency shall

18  develop and maintain a process to audit the performance of

19  building code inspection services by private providers

20  operating within the local jurisdiction.

21         (18)  The local government, the local building

22  official, and their building code enforcement personnel shall

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

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

25  provider or its duly authorized representative, in connection

26  with building code inspection services as authorized in this

27  act.

28         Section 17.  Section 604.50, Florida Statutes, is

29  amended to read:

30         604.50  Nonresidential farm buildings.--Notwithstanding

31  any other law to the contrary, any nonresidential farm

                                  38

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  any building or support structure that is used for

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

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

  7  integral part of a farm operation or is classified as

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

  9  defined in s. 823.14.

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

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

12  Florida, is amended to read:

13         627.0629  Residential property insurance; rate

14  filings.--

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

16  residential property insurance must include actuarially

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

18  appropriate reductions in deductibles, for properties on which

19  fixtures or construction techniques demonstrated to reduce the

20  amount of loss in a windstorm have been installed or

21  implemented. The fixtures or construction techniques shall

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

23  techniques which enhance roof strength, roof covering

24  performance, roof-to-wall strength,

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

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

27  other rate differentials for fixtures and construction

28  techniques which meet the minimum requirements of the Florida

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

30  insurance companies must make a rate filing which includes the

31  credits, discounts, or other rate differentials by February

                                  39

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  28, 2003.

  2         Section 19.  Except as otherwise expressly provided in

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

  4

  5

  6  ================ T I T L E   A M E N D M E N T ===============

  7  And the title is amended as follows:

  8  Remove:  the entire title,

  9

10  and insert:

11                      A bill to be entitled

12         An act relating to building code development

13         and administration; requiring the Florida

14         Building Commission to develop building code

15         provisions to facilitate the rehabilitation and

16         use of existing structures; requiring the

17         commission to identify legislative changes

18         required to implement code provisions;

19         requiring a report to the Legislature; amending

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

21         definitions; requiring that elevator service

22         maintenance contracts be made available to the

23         Department of Business and Professional

24         Regulation upon request for oversight purposes;

25         revising qualifications for an elevator

26         certificate of competency; amending s. 399.02,

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

28         responsible for inspections and correction of

29         code deficiencies; eliminating a requirement

30         that the department review service maintenance

31         contracts and determine whether they ensure

                                  40

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





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

  2         revising requirements relating to the design,

  3         installation, and alteration of conveyances;

  4         providing additional requirements for issuance

  5         of elevator permits; revising reporting

  6         requirements; providing requirements for

  7         temporary operation inspections; amending s.

  8         399.049, F.S.; revising grounds for suspension

  9         or revocation of certification or registration;

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

11         requirement that annual inspections be

12         conducted through third-party inspection

13         services; revising reporting requirements

14         relating to service maintenance contracts;

15         revising requirements relating to the

16         correction of violations; amending s. 399.07,

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

18         certificates of operation from 1 to 2 years;

19         revising fee provisions to conform; amending s.

20         399.105, F.S.; providing administrative fines

21         for violations relating to reporting, operating

22         a sealed elevator, and complying with

23         correction orders; eliminating a restriction on

24         the issuance of an administrative fine relating

25         to commencing installation without a

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

27         correcting a reference; amending s. 399.125,

28         F.S.; eliminating the requirement to report

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

30         allowing municipalities or counties that assume

31         elevator inspection duties to hire private

                                  41

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         inspectors to conduct inspections; amending s.

  2         509.072, F.S.; requiring the Department of

  3         Business and Professional Regulation to

  4         separately account for the funds collected for

  5         the inspection of elevators in the Hotel and

  6         Restaurant Trust Fund; amending s. 553.73,

  7         F.S.; revising provisions governing local

  8         government amendments to the technical

  9         provisions of the Florida Building Code;

10         amending s. 553.74, F.S.; revising eligibility

11         for membership on the Florida Building

12         Commission; amending s. 553.77, F.S.; providing

13         additional specific powers, duties, and

14         requirements of the commission; providing

15         legislative intent; amending s. 553.791, F.S.;

16         providing alternative procedures for building

17         plans review and inspection; providing

18         definitions; authorizing use of a private

19         provider to review plans and make building code

20         inspections under certain circumstances;

21         providing a limitation; requiring notice to the

22         local building official; specifying notice

23         information; specifying requirements, duties,

24         and responsibilities of a private provider;

25         providing for a certificate of compliance;

26         providing duties of the local building

27         official; providing procedures for approval or

28         denial of a certificate of compliance or a

29         building permit; prohibiting local entities

30         from adopting or enforcing certain laws, rules,

31         procedures, or standards; requiring a private

                                  42

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                                                   HOUSE AMENDMENT

    702-169AXB-32                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         provider to maintain certain insurance;

  2         subjecting private providers to certain

  3         disciplinary provisions; limiting use of a

  4         private provider under certain circumstances;

  5         requiring local building code enforcement

  6         agencies to develop and maintain a process to

  7         audit the performance of building code

  8         inspection services; providing immunity from

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

10         the term "nonresidential farm building" for

11         purposes of an exemption from the Florida

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

13         revising timeframe for rate filing for

14         residential property insurance; providing an

15         effective date.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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