July 14, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
sb2078c2051038 CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Constantine moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete 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

                                  1
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  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.  Subsection (1) of section 235.061, Florida

14  Statutes, is amended to read:

15         235.061  Standards for relocatables used as classroom

16  space; inspections.--

17         (1)  The Commissioner of Education shall adopt rules

18  establishing standards for relocatables intended for long-term

19  use as classroom space at a public elementary school, middle

20  school, or high school. "Long-term use" means the use of

21  relocatables at the same educational plant for a period of 4

22  years or more. These rules must be implemented by July 1,

23  1998, and each relocatable acquired by a district school board

24  after the effective date of the rules and intended for

25  long-term use must comply with the standards. The rules shall

26  require that, by July 1, 2002, relocatables that fail to meet

27  the standards may not be used as classrooms. After that date,

28  all relocatables purchased, leased, or otherwise acquired by a

29  public school district for use as classroom space shall be

30  type IV non-combustible construction. A school district in

31  possession of type VI portables, which are being used as

                                  2
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  classroom space, may retain those portables within the

  2  district whether owned by the district or under a current or

  3  renewable lease, subject to the provisions of s. 235.062. The

  4  standards shall protect the health, safety, and welfare of

  5  occupants by requiring compliance with the Uniform Building

  6  Code for Public Educational Facilities or other locally

  7  adopted state minimum building codes to ensure the safety and

  8  stability of construction and onsite installation; fire and

  9  moisture protection; air quality and ventilation; appropriate

10  wind resistance; and compliance with the requirements of the

11  Americans with Disabilities Act of 1990. If appropriate, the

12  standards must also require relocatables to provide access to

13  the same technologies available to similar classrooms within

14  the main school facility and, if appropriate, to be accessible

15  by adequate covered walkways. By July 1, 2000, the

16  commissioner shall adopt standards for all relocatables

17  intended for long-term use as classrooms. A relocatable that

18  is subject to this section and does not meet the standards

19  shall not be reported as providing satisfactory student

20  stations in the Florida Inventory of School Houses.

21         Section 3.  Section 399.01, Florida Statutes, is

22  amended to read:

23         399.01  Definitions.--As used in this chapter, the

24  term:

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

26  vertical conveyance other than maintenance, repair, or

27  replacement.

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

29  issued by the division which evidences the competency of a

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

31  vertical conveyance.

                                  3
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         (2)(3)  "Certificate of operation" means a document

  2  issued by the department which indicates that the conveyance

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

  4  have been paid as provided in this chapter.

  5         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

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

  7  chairlift.

  8         (4)(5)  "Department" means the Department of Business

  9  and Professional Regulation.

10         (5)(6)  "Division" means the Division of Hotels and

11  Restaurants of the Department of Business and Professional

12  Regulation.

13         (6)(7)  "Elevator" means one of the following

14  mechanical devices:

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

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

17  more landings to transport material or passengers or both.

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

19  continuous stairway used for raising or lowering passengers.

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

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

22  guide rails and serves two or more landings.

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

24  passenger-carrying device on which passengers stand or walk

25  and in which the passenger-carrying surface remains parallel

26  to its direction of motion and is uninterrupted.

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

28  used to transport physically handicapped persons over

29  architectural barriers.

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

31  a device used to transport wheelchair handicapped persons over

                                  4
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  architectural barriers.

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

  3  escalator in the Florida Building Code.

  4         (7)(9)  "Existing installation" means an installation

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

  6  Code.

  7         (8)(10)  "Elevator Safety Technical Advisory Committee"

  8  means the committee appointed by the secretary of the

  9  Department of Business and Professional Regulation.

10         (9)(11)  "Private residence" means a separate dwelling

11  or a separate apartment in a multiple dwelling which is

12  occupied by members of a single-family unit.

13         (10)(12)  "Service maintenance contract" means a

14  contract that provides for routine examination, lubrication,

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

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

17  elevator and annual relief pressure test on a hydraulic

18  elevator and any other service, repair, and maintenance

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

20  service maintenance contract shall be made available upon

21  request of the department for purposes of oversight and

22  monitoring.

23         (11)(13)  "Temporarily dormant conveyance" means a

24  conveyance whose power supply has been disconnected by

25  removing fuses and placing a padlock on the mainline

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

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

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

29  a certified certificate of competency elevator inspector. This

30  conveyance installation may not be used again until it has

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

                                  5
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  Annual inspections shall continue for the duration of the

  2  temporarily dormant status by a certified certificate of

  3  competency elevator inspector. The temporarily dormant status

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

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

  6  chief elevator inspector describing the current conditions.

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

  8  without permission from the department elevator inspector.

  9         (12)(14)  "Temporary operation inspection permit" means

10  an inspection performed by a certified elevator inspector, the

11  successful passage of a document issued by the department

12  which permits the temporary use of a noncompliant vertical

13  conveyance as provided by rule.

14         (13)(15)  "Registered elevator company" means an entity

15  registered with and authorized by the division employing

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

17  any vertical conveyance. Each registered elevator company must

18  annually register with the division and maintain general

19  liability insurance coverage in the minimum amounts set by

20  rule the division.

21         (14)(16)  "Certified elevator inspector" is a natural

22  person registered with and authorized by the division to

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

24  conveyance, after having properly acquired the qualified

25  elevator inspector credential as prescribed by the American

26  Society of Mechanical Engineers. Each certified elevator

27  inspector must annually register with the division and provide

28  from the National Association of Elevator Safety Authorities.

29  Such person shall remain so authorized by the division only

30  upon providing annual proof of completion of 8 hours of

31  continuing education, proof that and the qualified elevator

                                  6
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  inspector credential remains in good standing, and proof of

  2  with the National Association of Elevator Safety Authorities.

  3  A licensed mechanical engineer whose license is in good

  4  standing may be authorized as a certified elevator inspector

  5  by the division. Each certified elevator inspector must

  6  annually register with the division and maintain general

  7  liability insurance coverage in the minimum amounts set by the

  8  division.

  9         (15)(17)  "Certified elevator technician" means a

10  natural person authorized by the division to construct,

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

12  having been issued an elevator certificate of competency by

13  the division. Each certified elevator technician must annually

14  register with the division and be covered by maintain general

15  liability insurance coverage in the minimum amounts set by the

16  division.

17         (16)(18)  "Elevator helper" means a natural person

18  performing work under the direct supervision of an elevator

19  certificate of competency holder a certified elevator

20  inspector or an elevator technician to construct, install,

21  maintain, or repair any vertical conveyance.

22         (17)(19)  "Elevator certificate of competency" means a

23  credential issued by the division to any individual natural

24  person successfully completing an examination as prescribed by

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

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

27  renewed by the division when the division receives proof of

28  the elevator certificate of competency holder's completion of

29  8 hours of continuing education from a provider approved by

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

31  department shall adopt by rule criteria for providing approval

                                  7
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  and procedures for continuing education reporting.

  2         (a)  An elevator certificate of competency may be

  3  issued only if the applicant meets the following requirements:

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

  5  maintenance, service, and repair of conveyances covered by

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

  7  previously registered elevator companies as required by the

  8  division.

  9         2.  One of the following:

10         a.  Proof of completion and successful passage of a

11  written examination administered by the division or a provider

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

13         b.  Proof of completion of an apprenticeship program

14  for elevator mechanics which has standards substantially

15  equivalent to those found in a national training program for

16  elevator mechanics and is registered with the Bureau of

17  Apprenticeship and Training of the United States Department of

18  Labor or a state apprenticeship authority.

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

20  local jurisdiction in the United States having standards

21  substantially equal to or more stringent than those of this

22  chapter.

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

24  good standing may be granted an elevator certificate of

25  competency.

26

27  All other building transportation terms are defined in the

28  current Florida Building Code.

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

30  Florida Statutes, are amended to read:

31         399.02  General requirements.--

                                  8
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         (1)  The Elevator Safety Technical Advisory Committee

  2  shall develop and submit to the Director of Hotels and

  3  Restaurants proposed regarding revisions to the elevator

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

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

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

  7  for the correction of violations and deficiencies until the

  8  elevator has been inspected and a certificate of operation has

  9  been issued by the department.  The construction permitholder

10  is responsible for all tests of new and altered equipment

11  until the elevator has been inspected and a certificate of

12  operation has been issued by the department.

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

14  operation, and proper maintenance, and inspection and

15  correction of code deficiencies of the elevator after it has

16  been inspected and a certificate of operation has been issued

17  by the department. The responsibilities of the elevator owner

18  may be assigned by lease.

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

20  60 days before the expiration of the certificate of operation

21  whether there exists a service maintenance contract, with whom

22  the contract exists, and the details concerning the provisions

23  and implementation of the contract which the department

24  requires. The department shall keep the names of companies

25  with whom the contract exists confidential pursuant to the

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

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

28  department.  The elevator owner must report any material

29  change in the service maintenance contract no fewer than 30

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

31  shall determine whether the provisions of the service

                                  9
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  maintenance contract and its implementation ensure the safe

  2  operation of the elevator.

  3         Section 5.  Section 399.03, Florida Statutes, is

  4  amended to read:

  5         399.03  Design, installation, and alteration of

  6  conveyances.--

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

  8  erected, constructed, installed, or altered within buildings

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

10  department before the work is commenced. Permits must be

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

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

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

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

15  elevator company that the plans meet all applicable elevator

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

17  registered elevator companies in good standing. When any

18  material alteration is made, the alteration device must

19  conform to applicable requirements of the Florida Building

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

21  permit required hereunder may not be issued except to a

22  person, firm, or corporation holding a current elevator

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

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

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

26  operation is issued.

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

28  application requirements and permit fees.

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

30         (a)  There are any false statements or

31  misrepresentations as to the material facts in the

                                  10
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

  2  based.

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

  4  accordance with the code or rules.

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

  6  performed in accordance with the provisions of the

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

  8  conditions of the permit.

  9         (d)  The construction permitholder to whom the permit

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

11         (4)  A permit expires if:

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

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

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

15  time the permit is issued.

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

17  60 days, or such shorter period of time as the department may

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

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

20  discretionary extension for the foregoing period.

21         (5)  All new conveyance installations must be performed

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

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

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

25  certify compliance with the applicable sections of this

26  chapter and the Florida Building Code. Before any vertical

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

28  must be inspected by a certified elevator licensed inspector

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

30  with the elevator construction permitholder or elevator owner

31  and certified as meeting the safety provisions of the Florida

                                  11
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  Building Code, including the performance of all required

  2  safety tests. The certified elevator inspector shall provide

  3  the original copy of the inspection report to the department

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

  5  may not be issued until the permitholder provides an affidavit

  6  signed by the construction supervisor attesting that the

  7  supervisor directly supervised the construction or

  8  installation of the elevator. Upon successful inspection, the

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

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

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

12  the responsibility of the licensed elevator construction

13  permitholder to complete and submit a first-time registration

14  for a new installation. Vertical conveyances, including

15  stairway chairlifts, and inclined or vertical wheelchair lifts

16  located in private residences are not required to obtain a

17  certificate of operation under this chapter.

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

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

20  conveyance. A certificate of operation must be clearly

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

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

23  personnel. Certificates of operation may only be renewed for

24  vertical conveyances having a current satisfactory inspection.

25         (6)(7)  At the department's request, and to facilitate

26  oversight and monitoring, the permitholder shall notify the

27  department of the scheduled final inspection date and time for

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

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

30  the presence of a licensed elevator inspector not associated

31  with or employed by the installing company or contractor,

                                  12
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

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

  3  the applicable provisions of the Florida Building Code.

  4         (7)(8)  Each elevator shall comply with the edition of

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

  6  effect at the time of receipt of application for the

  7  construction permit for the elevator.

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

  9  elevator shall comply with the edition of the Florida Building

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

11  receipt of the application for the construction permit for the

12  alteration or relocation.

13         (9)(10)  When any change is made in the classification

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

15  requirements of the version of the Florida Building Code or

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

17  receipt of the application for the construction permit for the

18  change in classification.

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

20  installation or alteration is authorized for a period of 30

21  days after the completion of a satisfactory temporary

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

23  use is authorized from the date of completion of each

24  additional satisfactory temporary operation inspection. A

25  satisfactory temporary operation inspection must satisfy the

26  following criteria: the elevator is tested under contract

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

28  interlocks are installed; the car is completely enclosed,

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

30  are installed and properly functioning; and terminal stopping

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

                                  13
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

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

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

  4  operating speed of the elevator, and the governor tripping

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

  6  the elevator.

  7         (b)  Temporary use is authorized only when a

  8  satisfactory temporary operation inspection report, completed

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

10  a notice prescribed by the department, bearing a statement

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

12  elevator inspector, are conspicuously posted in the elevator.

13         Section 6.  Section 399.049, Florida Statutes, is

14  amended to read:

15         399.049  Disciplinary action Certificate of

16  competency.--

17         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

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

19  elevator inspector certification, an elevator company

20  registration, an elevator a license or certificate of

21  competency, or an elevator certificate of operation issued

22  under this chapter or impose an administrative penalty of up

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

24  licensee or certificateholder who commits any one or more of

25  the following violations:

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

27  the application for registration, certification, or any permit

28  or certificate issued under this chapter.

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

30  practice of the profession securing a license or certificate

31  of competency.

                                  14
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         (c)  Failure by a certified elevator inspector to

  2  provide to notify the department and the certificate of

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

  4  days after the date of any inspection performed after the

  5  initial certificate of operation is issued of a conveyance

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

  7  provisions of the elevator safety code incorporated into the

  8  Florida Building Code.

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

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

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

12  rules adopted thereunder.

13         Section 7.  Section 399.061, Florida Statutes, is

14  amended to read:

15         399.061  Inspections; service maintenance contracts;

16  correction of deficiencies.--

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

18  this chapter must be annually inspected by a certified

19  elevator inspector through a third-party inspection service,

20  or by a municipality or county under contract with the

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

22  conveyance is maintained pursuant to a service maintenance

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

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

25  not employed by or otherwise associated with the maintenance

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

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

28  a service maintenance contract, an inspection is not required

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

30  verifying the existence, performance, and cancellation of each

31  service maintenance contract must be filed annually with the

                                  15
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  division as prescribed by rule.

  2         (b)  A statement verifying the existence and

  3  performance of each service maintenance contract must be filed

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

  5  Cancellation of a service maintenance contract must be

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

  7  may inspect an elevator whenever necessary to ensure its safe

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

  9  available for a routine inspection.

10         (2)  The division may employ state elevator inspectors

11  to inspect an elevator whenever necessary to ensure its safe

12  operation. The division may also employ state elevator

13  inspectors to conduct any the inspections as required by this

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

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

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

17  elevator inspector is not available. Each state elevator

18  inspector shall be properly qualified as a certified elevator

19  inspector hold a certificate of competency issued by the

20  division.

21         (3)  Whenever the division determines from the results

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

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

24  the elevator or order the discontinuance of the use of the

25  elevator until the division determines by inspection that such

26  elevator has been satisfactorily repaired or replaced so that

27  the elevator may be operated in a safe manner.

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

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

30  division may issue an order to the elevator owner requiring

31  correction of the violation and reinspection of the elevator

                                  16
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  evidencing the correction.

  2         Section 8.  Section 399.07, Florida Statutes, is

  3  amended to read:

  4         399.07  Certificates of operation; temporary operation

  5  permits; fees.--

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

  7  until the elevator company supervisor signs an affidavit

  8  stating that the elevator company supervisor directly

  9  supervised construction or installation of the elevator.

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

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

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

13  department may adopt rules establishing a procedure for

14  certificate renewal. Certificates of operation may be renewed

15  only for vertical conveyances having a current satisfactory

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

17  certificate of operation is in violation of this chapter.

18  Certificate of operation renewal applications received by the

19  department after the date of expiration of the last current

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

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

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

23  renewal of certificates of operation. The fees must be

24  deposited into the Hotel and Restaurant Trust Fund. The

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

26  of certificates of operation.  The renewal period commences on

27  August 1 of each year.

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

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

30  a transparent cover.

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

                                  17
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

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

  3  operation filed with the department after expiration date of

  4  the certificate must be accompanied by a delinquency fee of

  5  $50 in addition to the annual renewal fee and any other fees

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

  7  Restaurant Trust Fund.

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

  9  permit authorizing the temporary use of an elevator during

10  installation or alteration to an elevator company or general

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

12  temporary operation permit may not be issued until the

13  elevator has been inspected by a state elevator inspector and

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

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

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

17  electrical safety devices are installed and properly

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

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

20  temporary enclosure, the operating means must be by constant

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

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

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

24  operating speed of the elevator.

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

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

27  the discretion of the department.

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

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

30  elevator has not been finally approved by a state elevator

31  inspector, must be conspicuously posted in the elevator.

                                  18
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

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

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

  4  Trust Fund.

  5         (3)  The certificate of operation shall contain the

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

  7  in elevators.

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

  9  SMOKING" along with the international symbol for no smoking

10  shall be conspicuously displayed within the interior of the

11  elevator in the plain view of the public.

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

13  authorized by this chapter operation permit, the operation or

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

15  prohibited until the elevator has passed the tests and

16  inspections required by this chapter and a certificate of

17  operation has been issued.

18         (6)  The department may suspend any certificate of

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

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

21  suspension remains in effect until the department receives

22  satisfactory results of an inspection performed by a certified

23  elevator inspector indicating determines, by inspection, that

24  the elevator has been brought into compliance.

25         Section 9.  Section 399.105, Florida Statutes, is

26  amended to read:

27         399.105  Administrative fines.--

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

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

30  requests of the department to determine whether the provisions

31  of a service maintenance contract and its implementation

                                  19
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  ensure assure safe elevator operation is subject to an

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

  3  other penalty provided by law.

  4         (2)  Any person who commences the operation,

  5  installation, relocation, or alteration of any elevator for

  6  which a permit or certificate is required by this chapter

  7  without having obtained from the department the permit or

  8  certificate is subject to an administrative fine not greater

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

10  No fine may be imposed under this subsection for commencing

11  installation without a construction permit if such permit is

12  issued within 60 days after the actual commencement of

13  installation.

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

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

16  been sealed by the department is subject to an administrative

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

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

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

20  law.

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

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

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

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

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

26         (5)  All administrative fines collected shall be

27  deposited into the Hotel and Restaurant Trust Fund.

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

29  Statutes, is amended to read:

30         399.106  Elevator Safety Technical Advisory

31  Committee.--

                                  20
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         (2)  The committee members shall serve staggered terms

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

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

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

  5         Section 11.  Section 399.125, Florida Statutes, is

  6  amended to read:

  7         399.125  Reporting of elevator accidents or incidents;

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

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

10  operation holder shall report the accident or incident to the

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

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

13  will subject the certificate of operation holder to an

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

15  amount not to exceed $1,000.

16         Section 12.  Section 399.13, Florida Statutes, is

17  amended to read:

18         399.13  Delegation of authority to municipalities or

19  counties.--

20         (1)  The department may enter into contracts with

21  municipalities or counties under which such municipalities or

22  counties will issue construction permits, temporary operation

23  permits, and certificates of operation; will provide for

24  inspection of elevators, including temporary operation

25  inspections; and will enforce the applicable provisions of the

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

27  municipality or county may choose to require inspections to be

28  performed by its own inspectors or by private certified

29  elevator inspectors. Each such agreement shall include a

30  provision that the municipality or county shall maintain for

31  inspection by the department copies of all applications for

                                  21
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

  2  proper records showing the number of certificates of operation

  3  issued; shall include a provision that each required

  4  inspection be conducted by a certified elevator inspector the

  5  holder of a certificate of competency issued by the

  6  department; and may include such other provisions as the

  7  department deems necessary.

  8         (2)  The department may make inspections of elevators

  9  in such municipality or county for the purpose of determining

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

11  cancel the contract with any municipality or county which the

12  department finds has failed to comply with such contract or

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

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

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

16  issued after October 1, 1990.

17         Section 13.  Subsection (1) of section 471.025, Florida

18  Statutes, is amended to read:

19         471.025  Seals.--

20         (1)  The board shall prescribe, by rule, a form of seal

21  to be used by registrants holding valid certificates of

22  registration.  Each registrant shall obtain an impression-type

23  metal seal in the form aforesaid and may, in addition,

24  register his or her seal electronically in accordance with ss.

25  668.001-668.006.  All final drawings, specifications, plans,

26  reports, or documents prepared or issued by the registrant and

27  being filed for public record and all final bid documents

28  provided to the owner or the owner's representative shall be

29  signed by the registrant, dated, and stamped with said seal.

30  Such signature, date, and seal shall be evidence of the

31  authenticity of that to which they are affixed. Drawings,

                                  22
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  specifications, plans, reports, final bid documents, or

  2  documents prepared or issued by a registrant may be

  3  transmitted electronically and may be signed by the

  4  registrant, dated, and stamped electronically with said seal

  5  in accordance with ss. 668.001-668.006. A truss placement plan

  6  is not required to be signed and sealed.

  7         Section 14.  Subsection (1) of section 553.512, Florida

  8  Statutes, is amended to read:

  9         553.512  Modifications and waivers; advisory council.--

10         (1)  The Florida Building Commission shall provide by

11  regulation criteria for granting individual modifications of,

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

13  a determination of unnecessary, unreasonable, or extreme

14  hardship, provided such waivers shall not violate federal

15  accessibility laws and regulations and shall be reviewed by

16  the Accessibility Advisory Council. Notwithstanding any other

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

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

19  36.403(f)(1), a waiver shall be granted. The commission may

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

21  unless the applicant first demonstrates that she or he has

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

23  government zoning, subdivision regulations, or other

24  ordinances that prevent compliance therewith. Further, the

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

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

27  minimum width of accessible parking spaces.

28         Section 15.  Paragraph (b) of subsection (4) and

29  paragraph (e) of subsection (8) of section 553.73, Florida

30  Statutes, as amended by section 2 of chapter 2001-372, Laws of

31  Florida, is amended to read:

                                  23
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         553.73  Florida Building Code.--

  2         (4)

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

  4  of this section, adopt amendments to the technical provisions

  5  of the Florida Building Code which apply solely within the

  6  jurisdiction of such government and which provide for more

  7  stringent requirements than those specified in the Florida

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

  9  government may adopt technical amendments that address local

10  needs if, provided:

11         1.  The local governing body determines, following a

12  public hearing which has been advertised in a newspaper of

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

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

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

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

17  demonstrates by evidence or data that the geographical

18  jurisdiction governed by the local governing body exhibits a

19  local need to strengthen the Florida Building Code beyond the

20  needs or regional variation addressed by the Florida Building

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

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

23  necessary to address the local need that local conditions

24  justify more stringent requirements than those specified in

25  the Florida Building Code for the protection of life and

26  property.

27         2.  Such additional requirements are not discriminatory

28  against materials, products, or construction techniques of

29  demonstrated capabilities.

30         3.  Such additional requirements may not introduce a

31  new subject not addressed in the Florida Building Code.

                                  24
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         4.  The enforcing agency shall make readily available,

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

  3  section.

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

  5  transmitted within 30 days by the adopting local government to

  6  the commission.  The commission shall maintain copies of all

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

  8  the public. Local technical amendments shall not become

  9  effective until 30 days after the amendment has been received

10  and published by the commission.

11         6.  Any amendment to the Florida Building Code adopted

12  by a local government pursuant to this paragraph shall be

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

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

15  time, the commission shall review such amendment for

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

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

18  the amendment. The commission shall immediately notify the

19  respective local government of the rescission of any

20  amendment. After receiving such notice, the respective local

21  government may readopt the rescinded amendment pursuant to the

22  provisions of this paragraph.

23         7.  Each county and municipality desiring to make local

24  technical amendments to the Florida Building Code shall by

25  interlocal agreement establish a countywide compliance review

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

27  adopted by a local government within the county pursuant to

28  this paragraph, that is challenged by any substantially

29  affected party for purposes of determining the amendment's

30  compliance with this paragraph. If challenged, the local

31  technical amendments shall not become effective until time for

                                  25
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

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

  3  order determining the adopted amendment is in compliance with

  4  this subsection.

  5         8.  If the compliance review board determines such

  6  amendment is not in compliance with this paragraph, the

  7  compliance review board shall notify such local government of

  8  the noncompliance and that the amendment is invalid and

  9  unenforceable until the local government corrects the

10  amendment to bring it into compliance. The local government

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

12  commission, which shall conduct a hearing under chapter 120

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

14  board determines such amendment to be in compliance with this

15  paragraph, any substantially affected party may appeal such

16  determination to the commission, which shall conduct a hearing

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

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

19  the board's written determination. The commission shall

20  promptly refer the appeal to the Division of Administrative

21  Hearings for the assignment of an administrative law judge.

22  The administrative law judge shall conduct the required

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

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

25  commission shall enter a final order within 30 days

26  thereafter. The provisions of chapter 120 and the uniform

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

28  government adopting the amendment that is subject to challenge

29  has the burden of proving that the amendment complies with

30  this paragraph in proceedings before the compliance review

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

                                  26
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  commission are subject to judicial review pursuant to s.

  2  120.68. The compliance review board shall determine whether

  3  its decisions apply to a respective local jurisdiction or

  4  apply countywide.

  5         9.8.  An amendment adopted under this paragraph shall

  6  include a fiscal impact statement which documents the costs

  7  and benefits of the proposed amendment.  Criteria for the

  8  fiscal impact statement shall include the impact to local

  9  government relative to enforcement, the impact to property and

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

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

12  a basis for challenging the amendment for compliance.

13         10.9.  In addition to subparagraphs 7. and 9. 8., the

14  commission may review any amendments adopted pursuant to this

15  subsection and make nonbinding recommendations related to

16  compliance of such amendments with this subsection.

17         (8)  The following buildings, structures, and

18  facilities are exempt from the Florida Building Code as

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

20  determined by the Legislature and provided by law:

21         (e)  Mobile or modular structures homes used as

22  temporary offices, except that the provisions of part V

23  relating to accessibility by persons with disabilities shall

24  apply to such mobile or modular structures homes.

25

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

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

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

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

30  categories of buildings exempted in this section, including

31  exceptions for application of specific sections of the code or

                                  27
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  standards adopted therein. The Department of Agriculture and

  2  Consumer Services shall have exclusive authority to adopt by

  3  rule, pursuant to chapter 120, exceptions to nonresidential

  4  farm buildings exempted in paragraph (c) when reasonably

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

  6  exceptions must be based upon specific criteria, such as

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

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

  9  the commission may recommend to the Legislature additional

10  categories of buildings, structures, or facilities which

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

12  provided by law.

13         Section 16.  Effective October 1, 2003, subsection (1)

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

15         553.74  Florida Building Commission.--

16         (1)  The Florida Building Commission is created and

17  shall be located within the Department of Community Affairs

18  for administrative purposes. Members shall be appointed by the

19  Governor subject to confirmation by the Senate. The commission

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

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

22  and actively engaged in the profession.

23         (b)  One structural engineer registered to practice in

24  this state and actively engaged in the profession.

25         (c)  One air-conditioning or mechanical contractor

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

27  the profession.

28         (d)  One electrical contractor certified to do business

29  in this state and actively engaged in the profession.

30         (e)  One member from fire protection engineering or

31  technology who is actively engaged in the profession.

                                  28
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

  2  this state and actively engaged in the profession.

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

  4  this state and actively engaged in the profession.

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

  6  contractor certified to do business in this state and actively

  7  engaged in the profession.

  8         (i)  One residential contractor licensed to do business

  9  in this state and actively engaged in the profession.

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

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

12         (k)  One member who represents the Department of

13  Insurance.

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

15  official.

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

17  persons with disabilities or a nationally chartered

18  organization of persons with disabilities with chapters in

19  this state.

20         (n)  One member of the manufactured buildings industry

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

22  engaged in the industry.

23         (o)  One mechanical or electrical engineer registered

24  to practice in this state and actively engaged in the

25  profession.

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

27  municipality or a charter county.

28         (q)  One member of the building products manufacturing

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

30  actively engaged in the industry.

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

                                  29
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  owners and managers industry who is actively engaged in

  2  commercial building ownership or management.

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

  4  insurance industry.

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

  6  education.

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

  8

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

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

11  two full terms is eligible for reappointment to the commission

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

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

14  Florida Statutes, to read:

15         553.77  Specific powers of the commission.--

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

17  process of rendering nonbinding interpretations of the Florida

18  Building Code.  The commission is specifically authorized to

19  refer interpretive issues to organizations that represent

20  those engaged in the construction industry.  The commission is

21  directed to immediately implement the process prior to the

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

23  Legislature that the commission create a process to refer

24  questions to a small, rotating group of individuals licensed

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

26  questions regarding the interpretation of code provisions.  It

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

28  the expeditious resolution of the issues presented and

29  publication of the resulting interpretation on the Building

30  Code Information System.  Such interpretations are to be

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

                                  30
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         Section 18.  Effective October 1, 2002, section

  2  553.791, Florida Statutes, is created to read:

  3         553.791  Alternative plans review and inspection.--

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

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

  6  and any local technical amendments to the Florida Building

  7  Code but does not include the applicable minimum fire

  8  prevention and firesafety codes adopted pursuant to chapter

  9  633.

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

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

12  structure for which permitting by a local enforcement agency

13  is required.

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

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

16  review of building plans to determine compliance with

17  applicable codes and those inspections required by law of each

18  phase of construction for which permitting by a local

19  enforcement agency is required to determine compliance with

20  applicable codes.

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

22  the private provider identified in the permit application who

23  reviews plans or performs inspections as provided by this

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

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

26  certificate under part XII of chapter 468.

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

28  within the governing jurisdiction responsible for direct

29  regulatory administration or supervision of plans review,

30  enforcement, and inspection of any construction, erection,

31  alteration, demolition, or substantial improvement of, or

                                  31
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

  2  indicate compliance with applicable codes and includes any

  3  duly authorized designee of such person.

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

  5  and submitted application for:

  6         1.  The requested building or construction permit.

  7         2.  The plans reviewed by the private provider.

  8         3.  The affidavit from the private provider required

  9  pursuant to subsection (5).

10         4.  Any applicable fees.

11         5.  Any documents required by the local building

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

13  government approvals required by law.

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

15  engineer under chapter 471 or as an architect under chapter

16  481. For purposes of performing inspections under this

17  section, the term "private provider" also includes a person

18  who holds a standard certificate under part XII of chapter

19  468.

20         (h)  "Request for certificate of occupancy or

21  certificate of completion" means a properly completed and

22  executed application for:

23         1.  A certificate of occupancy or certificate of

24  completion.

25         2.  A certificate of compliance from the private

26  provider required pursuant to subsection (10).

27         3.  Any applicable fees.

28         4.  Any documents required by the local building

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

30  government approvals required by law.

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

                                  32
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

  2  building code inspection services with regard to such building

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

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

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

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

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

  8  review or required building inspections. The local building

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

10  adopted policies of the local enforcement agency, may require

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

12  private provider to provide both plans review and required

13  building inspection services.

14         (3)  A private provider and any duly authorized

15  representative may only perform building code inspection

16  services that are within the disciplines covered by that

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

18  471, or chapter 468. A private provider may not provide

19  building code inspection services pursuant to this section

20  upon any building designed or constructed by the private

21  provider or the private provider's firm.

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

23  building code inspection services shall notify the local

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

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

26  following information:

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

28  provider.

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

30  facsimile number of each private provider who is performing or

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

                                  33
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  certification number, qualification statements or resumes,

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

  3  of insurance demonstrating that professional liability

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

  5  firm, the private provider, and any duly authorized

  6  representative in the amounts required by this section.

  7         (c)  An acknowledgment from the fee owner in

  8  substantially the following form:

  9

10         I have elected to use one or more private

11         providers to provide building code plans review

12         and/or inspection services on the building that

13         is the subject of the enclosed permit

14         application, as authorized by s. 553.791,

15         Florida Statutes.  I understand that the local

16         building official may not review the plans

17         submitted or perform the required building

18         inspections to determine compliance with the

19         applicable codes, except to the extent

20         specified in said law.  Instead, plans review

21         and/or required building inspections will be

22         performed by licensed or certified personnel

23         identified in the application.  The law

24         requires minimum insurance requirements for

25         such personnel, but I understand that I may

26         require more insurance to protect my interests.

27         By executing this form, I acknowledge that I

28         have made inquiry regarding the competence of

29         the licensed or certified personnel and the

30         level of their insurance and am satisfied that

31         my interests are adequately protected. I agree

                                  34
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         to indemnify, defend, and hold harmless the

  2         local government, the local building official,

  3         and their building code enforcement personnel

  4         from any and all claims arising from my use of

  5         these licensed or certified personnel to

  6         perform building code inspection services with

  7         respect to the building that is the subject of

  8         the enclosed permit application.

  9

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

11  providers or the services to be provided by those private

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

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

14         (5)  A private provider performing plans review under

15  this section shall review construction plans to determine

16  compliance with the applicable codes. Upon determining that

17  the plans reviewed comply with the applicable codes, the

18  private provider shall prepare an affidavit or affidavits on a

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

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

21  provider's knowledge and belief:

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

23  duly authorized to perform plans review pursuant to this

24  section and holds the appropriate license or certificate.

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

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

27  permit application, the local building official shall issue

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

29  applicant identifying the specific plan features that do not

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

31  chapters and sections.  If the local building official does

                                  35
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  not provide a written notice of the plan deficiencies within

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

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

  4  issued by the local building official on the next business

  5  day.

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

  7  notice of plan deficiencies to the permit applicant within the

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

  9  pending resolution of the matter.  To resolve the plan

10  deficiencies, the permit applicant may elect to dispute the

11  deficiencies pursuant to subsection (12) or to submit

12  revisions to correct the deficiencies.

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

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

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

16  to provide a second written notice to the permit applicant

17  stating which of the previously identified plan features

18  remain in noncompliance with the applicable codes, with

19  specific reference to the relevant code chapters and sections.

20  If the local building official does not provide the second

21  written notice within the prescribed time period, the permit

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

23  business day.

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

25  written notice of plan deficiencies to the permit applicant

26  within the prescribed time period, the permit applicant may

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

28  or to submit additional revisions to correct the deficiencies.

29  For all revisions submitted after the first revision, the

30  local building official has an additional 5 business days to

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

                                  36
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  the permit applicant stating which of the previously

  2  identified plan features remain in noncompliance with the

  3  applicable codes, with specific reference to the relevant code

  4  chapters and sections.

  5         (7)  A private provider performing required inspections

  6  under this section shall inspect each phase of construction as

  7  required by the applicable codes. The private provider shall

  8  be permitted to send a duly authorized representative to the

  9  building site to perform the required inspections, provided

10  all required reports and certifications are prepared by and

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

12  contractual or legal obligations are not relieved by any

13  action of the private provider.

14         (8)  A private provider performing required inspections

15  under this section shall provide notice to the local building

16  official of the date and approximate time of any such

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

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

19  building official in that jurisdiction.  The local building

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

21  verify that the private provider is performing all required

22  inspections.

23         (9)  Upon completing the required inspections at each

24  applicable phase of construction, the private provider shall

25  record such inspections on a form acceptable to the local

26  building official.  These inspection records shall reflect

27  those inspections required by the applicable codes of each

28  phase of construction for which permitting by a local

29  enforcement agency is required. The private provider, before

30  leaving the project site, shall post each completed inspection

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

                                  37
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

  2  Records of all required and completed inspections shall be

  3  maintained at the building site at all times and made

  4  available for review by the local building official.  The

  5  private provider shall report to the local enforcement agency

  6  any condition that poses an immediate threat to public safety

  7  and welfare.

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

  9  private provider shall prepare a certificate of compliance, on

10  a form acceptable to the local building official, summarizing

11  the inspections performed and including a written

12  representation, under oath, that the stated inspections have

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

14  knowledge and belief, the building construction inspected

15  complies with the approved plans and applicable codes.  The

16  statement required of the private provider shall be

17  substantially in the following form:

18

19         To the best of my knowledge and belief, the

20         building components and site improvements

21         outlined herein and inspected under my

22         authority have been completed in conformance

23         with the approved plans and the applicable

24         codes.

25

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

27  for a certificate of occupancy or certificate of completion

28  and the applicant's presentation of a certificate of

29  compliance and approval of all other government approvals

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

31  certificate of occupancy or certificate of completion or

                                  38
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  provide a notice to the applicant identifying the specific

  2  deficiencies, as well as the specific code chapters and

  3  sections.  If the local building official does not provide

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

  5  the request for a certificate of occupancy or certificate of

  6  completion shall be deemed granted and the certificate of

  7  occupancy or certificate of completion shall be issued by the

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

  9  any identified deficiencies, the applicant may elect to

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

11  submit a corrected request for a certificate of occupancy or

12  certificate of completion.

13         (12)  If the local building official determines that

14  the building construction or plans do not comply with the

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

16  for a certificate of occupancy or certificate of completion,

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

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

19  noncompliance poses a threat to public safety and welfare,

20  subject to the following:

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

22  meet with the private provider within 2 business days to

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

24  providing notice to the applicant denying a permit or request

25  for a certificate of occupancy or certificate of completion.

26         (b)  If the local building official and private

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

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

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

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

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

                                  39
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

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

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

  4  decisions regarding the issuance of a building permit,

  5  certificate of occupancy, or certificate of completion may be

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

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

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

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

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

11  commission's next scheduled meeting.

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

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

14  be provided to the person or entity when successfully

15  transmitted to the facsimile number listed for that person or

16  entity in the permit application or revised permit

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

18  actually received by that person or entity.

19         (14)  No local enforcement agency, local building

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

21  rules, procedures, or standards more stringent than those

22  prescribed by this section.

23         (15)  A private provider may perform building code

24  inspection services under this section only if the private

25  provider maintains insurance for professional and

26  comprehensive general liability with minimum policy limits of

27  $1 million per occurrence relating to all services performed

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

29  of 5 years subsequent to the performance of building code

30  inspection services.

31         (16)  When performing building code inspection

                                  40
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  services, a private provider is subject to the disciplinary

  2  guidelines of the applicable professional board with

  3  jurisdiction over his or her license or certification under

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

  5  providers shall be subject to the disciplinary guidelines of

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

  7  investigation, and discipline that arise out of a private

  8  provider's performance of building code inspection services

  9  shall be conducted by the applicable professional board.

10         (17)  Each local building code enforcement agency shall

11  develop and maintain a process to audit the performance of

12  building code inspection services by private providers

13  operating within the local jurisdiction.

14         (18)  The local government, the local building

15  official, and their building code enforcement personnel shall

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

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

18  provider or its duly authorized representative, in connection

19  with building code inspection services as authorized in this

20  act.

21         (19)  The Florida Building Commission shall report on

22  the implementation of this section to the Legislature on or

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

24  553.77(1)(b).

25         Section 19.  Paragraph (a) of subsection (6) of section

26  553.842, Florida Statutes, is amended to read:

27         553.842  Product evaluation and approval.--

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

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

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

31  officials or the commission to approve the following

                                  41
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





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

  2  skylights, windows, shutters, and structural components as

  3  established by the commission by rule.

  4         (a)  Products for which the code establishes

  5  standardized testing or comparative or rational analysis

  6  methods shall be approved by submittal and validation of one

  7  of the following reports or listings indicating that the

  8  product or method or system of construction was evaluated to

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

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

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

12  Florida Building Code:

13         1.  A certification mark or listing of an approved

14  certification agency;

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

16         3.  A product evaluation report based upon testing or

17  comparative or rational analysis, or a combination thereof,

18  from an approved product evaluation entity; or

19         4.  A product evaluation report based upon testing or

20  comparative or rational analysis, or a combination thereof,

21  developed and signed and sealed by a professional engineer or

22  architect, licensed in this state.

23

24  A product evaluation report or a certification mark or listing

25  of an approved certification agency which demonstrates that

26  the product or method or system of construction complies with

27  the Florida Building Code for the purpose intended shall be

28  equivalent to a test report and test procedure as referenced

29  in the Florida Building Code.

30         Section 20.  Section 604.50, Florida Statutes, is

31  amended to read:

                                  42
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         604.50  Nonresidential farm buildings.--Notwithstanding

  2  any other law to the contrary, any nonresidential farm

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

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

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

  6  any building or support structure that is used for

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

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

  9  integral part of a farm operation or is classified as

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

11  defined in s. 823.14.

12         Section 21.  Subsection (1) of section 627.0629,

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

14  Florida, is amended to read:

15         627.0629  Residential property insurance; rate

16  filings.--

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

18  residential property insurance must include actuarially

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

20  appropriate reductions in deductibles, for properties on which

21  fixtures or construction techniques demonstrated to reduce the

22  amount of loss in a windstorm have been installed or

23  implemented. The fixtures or construction techniques shall

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

25  techniques which enhance roof strength, roof covering

26  performance, roof-to-wall strength,

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

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

29  other rate differentials for fixtures and construction

30  techniques which meet the minimum requirements of the Florida

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

                                  43
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1  insurance companies must make a rate filing which includes the

  2  credits, discounts, or other rate differentials by February

  3  28, 2003.

  4         Section 22.  Except as otherwise expressly provided in

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

  6

  7

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

  9  And the title is amended as follows:

10         Delete everything before the enacting clause

11

12  and insert:

13                      A bill to be entitled

14         An act relating to building code development

15         and administration; requiring the Florida

16         Building Commission to develop building code

17         provisions to facilitate the rehabilitation and

18         use of existing structures; requiring the

19         commission to identify legislative changes

20         required to implement code provisions;

21         requiring a report to the Legislature; amending

22         s. 235.061, F.S.; providing requirements with

23         respect to relocatables used by a public school

24         district; amending s. 399.01, F.S.; revising

25         and removing definitions; requiring that

26         elevator service maintenance contracts be made

27         available to the Department of Business and

28         Professional Regulation upon request for

29         oversight purposes; revising qualifications for

30         an elevator certificate of competency; amending

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

                                  44
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         owner is responsible for inspections and

  2         correction of code deficiencies; eliminating a

  3         requirement that the department review service

  4         maintenance contracts and determine whether

  5         they ensure safe operation; amending s. 399.03,

  6         F.S.; revising requirements relating to the

  7         design, installation, and alteration of

  8         conveyances; providing additional requirements

  9         for issuance of elevator permits; revising

10         reporting requirements; providing requirements

11         for temporary operation inspections; amending

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

13         suspension or revocation of certification or

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

15         eliminating the requirement that annual

16         inspections be conducted through third-party

17         inspection services; revising reporting

18         requirements relating to service maintenance

19         contracts; revising requirements relating to

20         the correction of violations; amending s.

21         399.07, F.S.; extending the period of validity

22         of certificates of operation from 1 to 2 years;

23         revising fee provisions to conform; amending s.

24         399.105, F.S.; providing administrative fines

25         for violations relating to reporting, operating

26         a sealed elevator, and complying with

27         correction orders; eliminating a restriction on

28         the issuance of an administrative fine relating

29         to commencing installation without a

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

31         correcting a reference; amending s. 399.125,

                                  45
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         F.S.; eliminating the requirement to report

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

  3         allowing municipalities or counties that assume

  4         elevator inspection duties to hire private

  5         inspectors to conduct inspections; amending s.

  6         471.025, F.S.; exempting truss placement plans

  7         from sign and seal requirements; amending s.

  8         553.512, F.S.; requiring the granting of a

  9         waiver of certain requirements for

10         accessibility purposes under certain

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

12         revising provisions governing local government

13         amendments to the technical provisions of the

14         Florida Building Code; exempting modular

15         structures from the code; amending s. 553.74,

16         F.S.; revising eligibility for membership on

17         the Florida Building Commission; amending s.

18         553.77, F.S.; providing additional specific

19         powers, duties, and requirements of the

20         commission; providing legislative intent;

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

22         alternative procedures for building plans

23         review and inspection; providing definitions;

24         authorizing use of a private provider to review

25         plans and make building code inspections under

26         certain circumstances; providing a limitation;

27         requiring notice to the local building

28         official; specifying notice information;

29         specifying requirements, duties, and

30         responsibilities of a private provider;

31         providing for a certificate of compliance;

                                  46
    8:15 AM   03/20/02                              s2078c2c-09j02




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 051038





  1         providing duties of the local building

  2         official; providing procedures for approval or

  3         denial of a certificate of compliance or a

  4         building permit; prohibiting local entities

  5         from adopting or enforcing certain laws, rules,

  6         procedures, or standards; requiring a private

  7         provider to maintain certain insurance;

  8         subjecting private providers to certain

  9         disciplinary provisions; limiting use of a

10         private provider under certain circumstances;

11         requiring local building code enforcement

12         agencies to develop and maintain a process to

13         audit the performance of building code

14         inspection services; providing immunity from

15         liability; requiring a report; amending s.

16         553.842, F.S.; providing certain equivalency

17         with respect to product evaluation and approval

18         under the Florida Building Code; amending s.

19         604.50, F.S.; redefining the term

20         "nonresidential farm building" for purposes of

21         an exemption from the Florida Building Code;

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

23         for rate filing for residential property

24         insurance; providing effective dates.

25

26

27

28

29

30

31

                                  47
    8:15 AM   03/20/02                              s2078c2c-09j02

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader