Bill Amendment: FL H7147 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Building Construction Policies
Status: 2014-06-13 - Chapter No. 2014-154 [H7147 Detail]
Download: Florida-2014-H7147-Senate_Floor_Amendment_Delete_All_547728.html
Bill Title: Building Construction Policies
Status: 2014-06-13 - Chapter No. 2014-154 [H7147 Detail]
Download: Florida-2014-H7147-Senate_Floor_Amendment_Delete_All_547728.html
Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS/HB 7147, 1st Eng. Ì547728MÎ547728 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/30/2014 01:43 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Simpson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 162.12, Florida Statutes, is amended to 6 read: 7 162.12 Notices.— 8 (1) All notices required by this part must be provided to 9 the alleged violator by: 10 (a) Certified mail, and at the option of the local 11 government return receipt requested, to the address listed in 12 the tax collector’s office for tax notices or to the address 13 listed in the county property appraiser’s database. The local 14 government may also provide an additional notice to any other 15 address it may find for the property owner. For property owned 16 by a corporation, notices may be provided by certified mail to 17 the registered agent of the corporation. If any notice sent by 18 certified mail is not signed as received within 30 days after 19 the postmarked date of mailing, notice may be provided by 20 posting as described in subparagraphs (2)(b)1. and 2.; 21 (b) Hand delivery by the sheriff or other law enforcement 22 officer, code inspector, or other person designated by the local 23 governing body; 24 (c) Leaving the notice at the violator’s usual place of 25 residence with any person residing therein who is above 15 years 26 of age and informing such person of the contents of the notice; 27 or 28 (d) In the case of commercial premises, leaving the notice 29 with the manager or other person in charge. 30 (2) In addition to providing notice as set forth in 31 subsection (1), at the option of the code enforcement board or 32 the local government, notice may be served by publication or 33 posting, as follows: 34 (a)1. Such notice shall be published once during each week 35 for 4 consecutive weeks (four publications being sufficient) in 36 a newspaper of general circulation in the county where the code 37 enforcement board is located. The newspaper shall meet such 38 requirements as are prescribed under chapter 50 for legal and 39 official advertisements. 40 2. Proof of publication shall be made as provided in ss. 41 50.041 and 50.051. 42 (b)1. In lieu of publication as described in paragraph (a), 43 such notice may be posted at least 10 days prior to the hearing, 44 or prior to the expiration of any deadline contained in the 45 notice, in at least two locations, one of which shall be the 46 property upon which the violation is alleged to exist and the 47 other of which shall be, in the case of municipalities, at the 48 primary municipal government office, and in the case of 49 counties, at the front door of the courthouse or the main county 50 governmental center in said county. 51 2. Proof of posting shall be by affidavit of the person 52 posting the notice, which affidavit shall include a copy of the 53 notice posted and the date and places of its posting. 54 (c) Notice by publication or posting may run concurrently 55 with, or may follow, an attempt or attempts to provide notice by 56 hand delivery or by mail as required under subsection (1). 57 (3) Evidence that an attempt has been made to hand deliver 58 or mail notice as provided in subsection (1), together with 59 proof of publication or posting as provided in subsection (2), 60 shall be sufficient to show that the notice requirements of this 61 part have been met, without regard to whether or not the alleged 62 violator actually received such notice. 63 Section 2. Paragraph (b) of subsection (3) of section 64 373.323, Florida Statutes, is amended to read: 65 373.323 Licensure of water well contractors; application, 66 qualifications, and examinations; equipment identification.— 67 (3) An applicant who meets the following requirements shall 68 be entitled to take the water well contractor licensure 69 examination: 70 (b) Has at least 2 years of experience in constructing, 71 repairing, or abandoning water wells. Satisfactory proof of such 72 experience shall be demonstrated by providing: 73 1. Evidence of the length of time the applicant has been 74 engaged in the business of the construction, repair, or 75 abandonment of water wells as a major activity, as attested to 76 by a letter fromthree of the following persons:77a.a water well contractor and a letter from.78b. A water well driller.79c. A water well parts and equipment vendor.80d.a water well inspector employed by a governmental 81 agency. 82 2. A list of at least 10 water wells that the applicant has 83 constructed, repaired, or abandoned within the preceding 5 84 years. Of these wells, at least seven must have been 85 constructed, as defined in s. 373.303(2), by the applicant. The 86 list shall also include: 87 a. The name and address of the owner or owners of each 88 well. 89 b. The location, primary use, and approximate depth and 90 diameter of each well that the applicant has constructed, 91 repaired, or abandoned. 92 c. The approximate date the construction, repair, or 93 abandonment of each well was completed. 94 Section 3. Paragraphs (f) through (i) of subsection (2) of 95 section 377.6015, Florida Statutes, are redesignated as 96 paragraphs (e) through (h), respectively, and present paragraph 97 (e) of that section is amended, to read: 98 377.6015 Department of Agriculture and Consumer Services; 99 powers and duties.— 100 (2) The department shall: 101(e) Represent Florida in the Southern States Energy Compact102pursuant to ss. 377.71-377.712.103 Section 4. Paragraphs (f), (h), and (i) of subsection (2) 104 of section 377.703, Florida Statutes, are amended to read: 105 377.703 Additional functions of the Department of 106 Agriculture and Consumer Services.— 107 (2) DUTIES.—The department shall perform the following 108 functions, unless as otherwise provided, consistent with the 109 development of a state energy policy: 110 (f) The department shall submit an annual report to the 111 Governor and the Legislature reflecting its activities and 112 making recommendations forofpolicies for improvement of the 113 state’s response to energy supply and demand and its effect on 114 the health, safety, and welfare of the residents of this state 115people of Florida. The report mustshallinclude a report from 116 the Florida Public Service Commission on electricity and natural 117 gas and information on energy conservation programs conducted 118 and underway in the past year andshallinclude recommendations 119 for energy efficiency and conservation programs for the state, 120 including, but not limited to, the following factors: 121 1. Formulation of specific recommendations for improvement 122 in the efficiency of energy utilization in governmental, 123 residential, commercial, industrial, and transportation sectors. 124 2. Collection and dissemination of information relating to 125 energy efficiency and conservation. 126 3. Development and conduct of educational and training 127 programs relating to energy efficiency and conservation. 128 4. An analysis of the ways in which state agencies are 129 seeking to implement s. 377.601(2), the state energy policy, and 130 recommendations for better fulfilling this policy. 131 (h) The department shall promote the development and use of 132 renewable energy resources, in conformance with chapter 187 and 133 s. 377.601, by: 134 1. Establishing goals and strategies for increasing the use 135 of renewablesolarenergy in this state. 136 2. Aiding and promoting the commercialization of renewable 137 energy resourcessolar energy technology, in cooperation with 138 the Florida Energy Systems Consortium, the Florida Solar Energy 139 Center, Enterprise Florida, Inc., and any other federal, state, 140 or local governmental agency thatwhichmay seek to promote 141 research, development, and the demonstration of renewablesolar142 energy equipment and technology. 143 3. Identifying barriers to greater use of renewable energy 144 resourcessolar energy systemsin this state, and developing 145 specific recommendations for overcoming identified barriers, 146 with findings and recommendations to be submitted annually in 147 the report to the Governor and Legislature required under 148 paragraph (f). 149 4. In cooperation with the Department of Environmental 150 Protection, the Department of Transportation, the Department of 151 Economic Opportunity, Enterprise Florida, Inc., the Florida 152 Energy Systems Consortium, the Florida Solar Energy Center, and 153 the Florida Solar Energy Industries Association, investigating 154 opportunities, pursuant to the national Energy Policy Act of 155 1992, the Housing and Community Development Act of 1992, and any 156 subsequent federal legislation, for renewable energy resources, 157solarelectric vehicles, and other renewablesolarenergy 158 manufacturing, distribution, installation, and financing efforts 159 thatwhich willenhance this state’s position as the leader in 160 renewablesolarenergy research, development, and use. 161 5. Undertaking other initiatives to advance the development 162 and use of renewable energy resources in this state. 163 164 In the exercise of its responsibilities under this paragraph, 165 the department shall seek the assistance of the renewablesolar166 energy industry in this state and other interested parties and 167 mayis authorized toenter into contracts, retain professional 168 consulting services, and expend funds appropriated by the 169 Legislature for such purposes. 170 (i) The department shall promote energy efficiency and 171 conservation in all energy use sectors throughout the state and 172 beshall constitutethe state agency primarily responsible for 173 this function. The Department of Management Services, in 174 consultation with the department, shall coordinate the energy 175 conservation programs of all state agencies and review and 176 comment on the energy conservation programs of all state 177 agencies. 178 Section 5. Section 377.712, Florida Statutes, is amended to 179 read: 180 377.712 Florida participation.— 181 (1)(a) The Governor shall appoint one member of the 182 Southern States Energy Board. The member or the Governor may 183 designate another person as the deputy or assistant to such 184 member. 185 (b) The Commissioner of Agriculture may appoint one member 186 of the Southern States Energy Board. The member or the 187 commissioner may designate another person as the assistant or 188 deputy to such member. 189 (c)(b)The President of the Senate shall appoint one member 190 of the Southern States Energy Board. The member or the president 191 may designate another person as the assistant or deputy to such 192 member. 193 (d)(c)The Speaker of the House of Representatives shall 194 appoint one member of the Southern States Energy Board. The 195 member or the speaker may designate another person as the 196 assistant or deputy to such member. 197 (2) Any supplementary agreement entered into under s. 198 377.711(6) requiring the expenditure of funds mayshallnot 199 become effective as to Florida until the required funds are 200 appropriated by the Legislature. 201 (3) Departments, agencies, and officers of this state, and 202 its subdivisions are authorized to cooperate with the board in 203 the furtherance ofany ofits activities pursuant to the 204 compact, provided such proposed activities have been made known 205 to, and have the approval of,eitherthe Governor or the member 206 appointed by the GovernorDepartment of Health. 207 Section 6. Section 377.801, Florida Statutes, is amended to 208 read: 209 377.801 Short title.—Sections 377.801-377.804377.801210377.807may be cited as the “Florida Energy and Climate 211 Protection Act.” 212 Section 7. Section 377.802, Florida Statutes, is amended to 213 read: 214 377.802 Purpose.—This act is intended to provide incentives 215 for Florida’s citizens, businesses, school districts, and local 216 governments to take action to diversify the state’s energy 217 supplies, reduce dependence on foreign oil, and mitigate the 218 effects of climate change by providing funding for activities 219 designed to achieve these goals. The grant programs in this act 220 are intended to stimulate capital investment in and enhance the 221 market for renewable energy technologies and technologies 222 intended to diversify Florida’s energy supplies, reduce 223 dependence on foreign oil, and combat or limit climate change 224 impacts.This act is also intended to provide incentives for the225purchase of energy-efficient appliances and rebates for solar226energy equipment installations for residential and commercial227buildings.228 Section 8. Section 377.803, Florida Statutes, is amended to 229 read: 230 377.803 Definitions.—As used in ss. 377.801-377.804ss.231377.801-377.807, the term: 232 (1) “Act” means the Florida Energy and Climate Protection 233 Act. 234 (2) “Department” means the Department of Agriculture and 235 Consumer Services. 236 (3) “Person” means an individual, partnership, joint 237 venture, private or public corporation, association, firm, 238 public service company, or any other public or private entity. 239 (4) “Renewable energy” means electrical, mechanical, or 240 thermal energy produced from a method that uses one or more of 241 the following fuels or energy sources: hydrogen, biomass, as 242 defined in s. 366.91, solar energy, geothermal energy, wind 243 energy, ocean energy, waste heat, or hydroelectric power. 244 (5) “Renewable energy technology” means any technology that 245 generates or utilizes a renewable energy resource. 246(6) “Solar energy system” means equipment that provides for247the collection and use of incident solar energy for water248heating, space heating or cooling, or other applications that249would normally require a conventional source of energy such as250petroleum products, natural gas, or electricity that performs251primarily with solar energy. In other systems in which solar252energy is used in a supplemental way, only those components that253collect and transfer solar energy shall be included in this254definition.255(7) “Solar photovoltaic system” means a device that256converts incident sunlight into electrical current.257(8) “Solar thermal system” means a device that traps heat258from incident sunlight in order to heat water.259 Section 9. Sections 377.806 and 377.807, Florida Statutes, 260 are repealed. 261 Section 10. Section 377.815, Florida Statutes, is created 262 to read: 263 377.815 Alternative fueling stations and electric vehicle 264 charging stations.—The Department of Agriculture and Consumer 265 Services may post information on its website relating to 266 alternative fueling stations or electric vehicle charging 267 stations that are available for public use in this state. 268 (1) As used in this section, the term “alternative fuel” 269 means nontraditional transportation fuel, such as pure methanol, 270 ethanol, and other alcohols; blends of 85 percent or more of 271 alcohol with gasoline; natural gas and liquid fuels domestically 272 produced from natural gas; liquefied petroleum gas; coal-derived 273 liquid fuels; hydrogen; electricity; pure biodiesel; fuels, 274 other than alcohol, derived from biological materials; and P 275 series fuels. 276 (2) An owner or operator of an alternative fueling station 277 that is available in this state may report the following 278 information to the department: 279 (a) The type of alternative fuel available; 280 (b) The station’s name, address, or location; or 281 (c) The fees or costs associated with the alternative fuel 282 that is available for purchase. 283 (3) The owner or operator of an electric vehicle charging 284 station that is available in this state may report the following 285 information to the department: 286 (a) The station’s name, address, or location; or 287 (b) The fees or costs, if any, associated with the electric 288 vehicle charging services provided by the station. 289 Section 11. Section 377.816, Florida Statutes, is created 290 to read: 291 377.816 Qualified energy conservation bond allocation.— 292 (1) DEFINITIONS.—As used in this section, the term: 293 (a) “Eligible issuer” means an entity that is created under 294 or pursuant to the constitution or laws of this state and that 295 is authorized by this state to issue bonds or enter into a 296 lease-purchase agreement, or any other entity in this state 297 authorized to issue qualified energy conservation bonds pursuant 298 to the Internal Revenue Code. 299 (b) “Office” means the Office of Energy within the 300 Department of Agriculture and Consumer Services. 301 (c) “Qualified energy conservation bond” means a bond 302 described in 26 U.S.C. s. 54D(a). 303 (d) “Qualified project” means a project eligible to be 304 financed pursuant to 26 U.S.C. s. 54D(f). 305 (2) ALLOCATION OF STATE VOLUME LIMITATION.— 306 (a) The office shall establish an allocation program for 307 allocating or reallocating the qualified energy conservation 308 bond volume limitation provided by 26 U.S.C. s. 54D. The 309 allocation program must provide notification of all mandatory 310 allocations required or authorized pursuant to the Internal 311 Revenue Code. 312 1. All mandatory allocations pursuant to 26 U.S.C. s. 313 54D(e)(2)(A) shall be allocated to eligible issuers as provided 314 therein. 315 2. An eligible issuer receiving a mandatory allocation 316 pursuant to subparagraph 1. may elect to reallocate all or any 317 portion of its allocation back to the state pursuant to 26 318 U.S.C. s. 54D(e)(2)(B). 319 (b) The office may reallocate to eligible issuers in the 320 state any allocation that was retained by the state from the 321 original federal allocation or any allocation that is waived by 322 an eligible issuer pursuant to subparagraph (a)2. 323 (c) Each eligible issuer receiving an allocation shall 324 notify the department in writing of the amount of bonds issued 325 and any other information relating to the bonds or the 326 allocation at such time and in such manner as is required by the 327 office. 328 (d) A bond subject to the limitations provided in 26 U.S.C. 329 s. 54D may not be issued in this state unless issued pursuant to 330 this section. 331 (3) INFORMATION AVAILABILITY.—The office shall determine 332 the amount of qualified energy conservation bond allocations for 333 each qualified issuer in this state under 26 U.S.C. s. 54D and 334 shall make such information available upon request to any person 335 or agency. 336 Section 12. Section 440.103, Florida Statutes, is amended 337 to read: 338 440.103 Building permits; identification of minimum premium 339 policy.—Every employer shall, as a condition to applying for and 340 receiving a building permit, show proof and certify to the 341 permit issuer that it has secured compensation for its employees 342 under this chapter as provided in ss. 440.10 and 440.38. Such 343 proof of compensation must be evidenced by a certificate of 344 coverage issued by the carrier, a valid exemption certificate 345 approved by the department, or a copy of the employer’s 346 authority to self-insure and shall be presented, electronically 347 or physically, each time the employer applies for a building 348 permit. As provided in s. 553.79(19), for the purpose of 349 inspection and record retention, site plans or building permits 350 may be maintained at the worksite in the original form or in the 351 form of an electronic copy. These plans and permits must be open 352 to inspection by the building official or a duly authorized 353 representative, as required by the Florida Building Code. As 354 provided in s. 627.413(5), each certificate of coverage must 355 show, on its face, whether or not coverage is secured under the 356 minimum premium provisions of rules adopted by rating 357 organizations licensed pursuant to s. 627.221. The words 358 “minimum premium policy” or equivalent language shall be typed, 359 printed, stamped, or legibly handwritten. 360 Section 13. Subsection (5) of section 514.0115, Florida 361 Statutes, is amended to read: 362 514.0115 Exemptions from supervision or regulation; 363 variances.— 364 (5) The department may grant variances from any rule 365 adopted under this chapter pursuant to procedures adopted by 366 department rule. The department may also grant, pursuant to 367 procedures adopted by department rule, variances from the 368 provisions of the Florida Building Code specifically pertaining 369 to public swimming pools and bathing places when requested by 370 the pool owner or their representative to relieve hardship in 371 cases involving deviations from the Florida Building Code 372 provisions, when it is shown that the hardship was not caused 373 intentionally by the action of the applicant, where no 374 reasonable alternative exists, and the health and safety of the 375 pool patrons is not at risk. 376 Section 14. Effective October 1, 2014, section 514.03, 377 Florida Statutes, is amended to read: 378 514.03 Approval necessary to construct, develop, or modify 379 public swimming pools or public bathing places.— 380 (1) A person or public body desiring to construct, develop, 381 or modify a public swimming pool must submit an application, 382 containing the information required under s. 514.031(1)(a)1.-6. 383 to the department for an operating permit before filing an 384 application for a building permit under s. 553.79. A copy of the 385 final inspection required under s. 514.031(1)(a)5. shall be 386 submitted to the department upon receipt by the applicant. The 387 application shall be deemed incomplete pursuant to s. 120.60 388 until such copy is submitted to the department. 389 (2) Local governments or local enforcement districts may 390 determine compliance with the general construction standards of 391 the Florida Building Code, pursuant to s. 553.80. Local 392 governments or local enforcement districts may conduct plan 393 reviews and inspections of public swimming pools and public 394 bathing places for this purpose. 395 Section 15. Effective October 1, 2014, paragraph (a) of 396 subsection (1) of section 514.031, Florida Statutes, is amended, 397 present paragraphs (b) and (c) of that subsection are 398 redesignated as paragraphs (c) and (d), respectively, and a new 399 paragraph (b) is added to that subsection, to read: 400 514.031 Permit necessary to operate public swimming pool.— 401 (1) It is unlawful for any person or public body to operate 402 or continue to operate any public swimming pool without a valid 403 permit from the department, such permit to be obtained in the 404 following manner: 405 (a) Any person or public body desiring to operate any 406 public swimming pool shall file an application for an operating 407apermit with the department, on application forms provided by 408 the department, and shall accompany such application with: 409 1. A description of the structure, its appurtenances, and 410 its operation. 411 2.1.A description of the source or sources of water 412 supply, and the amount and quality of water available and 413 intended to be used. 414 3.2.The method and manner of water purification, 415 treatment, disinfection, and heating. 416 4.3.The safety equipment and standards to be used. 417 5. A copy of the final inspection from the local 418 enforcement agency as defined in s. 553.71. 419 6.4.Any other pertinent information deemed necessary by 420 the department. 421 (b) The applicant shall respond to a request for additional 422 information due to an incomplete application for an operating 423 permit pursuant to s. 120.60. Upon receipt of an application, 424 whether complete or incomplete, as required in s. 514.03 and as 425 set forth under this section, the department shall review and 426 provide to the local enforcement agency and the applicant any 427 comment or proposed modifications on the information received 428 pursuant to subparagraphs (a)1.-6. 429 Section 16. Paragraph (c) of subsection (1) of section 430 553.37, Florida Statutes, is amended to read: 431 553.37 Rules; inspections; and insignia.— 432 (1) The Florida Building Commission shall adopt within the 433 Florida Building Code requirements for construction or 434 modification of manufactured buildings and building modules, to 435 address: 436 (c)MinimumInspection criteria, which shall require the 437 approved inspection agency to: 438 1. Observe the first building built, or with regard to 439 components, observe the first unit assembled, after 440 certification of the manufacturer, from start to finish, 441 inspecting all subsystems: electrical, plumbing, structural, 442 mechanical, or thermal. 443 2. Continue observation of the manufacturing process until 444 the approved inspection agency determines that the 445 manufacturer’s quality control program, in conjunction with the 446 application of the plans approved by the approved inspection 447 agency, will result in a building and components that meet or 448 exceed the applicable Florida Building Code requirements. 449 3. Thereafter, inspect each module produced during at least 450 one point of the manufacturing process and inspect at least 75 451 percent of the subsystems of each module: electrical, plumbing, 452 structural, mechanical, or thermal. 453 4. With respect to components, inspect at least 75 percent 454 of the manufactured building components and at least 20 percent 455 of the storage sheds that are not designed for human habitation 456 and that have a floor area of 720 square feet or less. 457 Section 17. Section 553.721, Florida Statutes, is amended 458 to read: 459 553.721 Surcharge.—In order for the Department of Business 460 and Professional Regulation to administer and carry out the 461 purposes of this part and related activities, there is created a 462 surcharge, to be assessed at the rate of 1.5 percent of the 463 permit fees associated with enforcement of the Florida Building 464 Code as defined by the uniform account criteria and specifically 465 the uniform account code for building permits adopted for local 466 government financial reporting pursuant to s. 218.32. The 467 minimum amount collected on any permit issued shall be $2. The 468 unit of government responsible for collecting a permit fee 469 pursuant to s. 125.56(4) or s. 166.201 shall collect the 470 surcharge and electronically remit the funds collected to the 471 department on a quarterly calendar basis for the preceding 472 quarter and continuing each third month thereafter. The unit of 473 government shall retain 10 percent of the surcharge collected to 474 fund the participation of building departments in the national 475 and state building code adoption processes and to provide 476 education related to enforcement of the Florida Building Code. 477 All funds remitted to the department pursuant to this section 478 shall be deposited in the Professional Regulation Trust Fund. 479 Funds collected from the surcharge shall be allocated to fund 480 the Florida Building Commission and the Florida Building Code 481 Compliance and Mitigation Program under s. 553.841.Beginning in482the 2013-2014 fiscal year,Funds allocated to the Florida 483 Building Code Compliance and Mitigation Program shall be 484 $925,000 each fiscal year. The funds collected from the 485 surcharge may not be used to fund research on techniques for 486 mitigation of radon in existing buildings. Funds used by the 487 department as well as funds to be transferred to the Department 488 of Health shall be as prescribed in the annual General 489 Appropriations Act. The department shall adopt rules governing 490 the collection and remittance of surcharges pursuant to chapter 491 120. 492 Section 18. Subsection (15) of section 553.73, Florida 493 Statutes, is amended, and subsection (18) is added to that 494 section, to read: 495 553.73 Florida Building Code.— 496 (15) An agency or local government may not require that 497 existing mechanical equipment located on or above the surface of 498 a roof be installed in compliance with the requirements of the 499 Florida Building Code except whenuntilthe equipment is being 500required to be removed orreplaced or moved during reroofing and 501 is not in compliance with the provisions of the Florida Building 502 Code relating to roof-mounted mechanical units. 503 (18) In a single-family dwelling, make-up air is not 504 required for range hood exhaust systems capable of exhausting: 505 (a) Four hundred cubic feet per minute or less; or 506 (b) More than 400 cubic feet per minute but no more than 507 800 cubic feet per minute if there are no gravity vent 508 appliances within the conditioned living space of the structure. 509 Section 19. Subsection (1) of section 553.74, Florida 510 Statutes, is amended to read: 511 553.74 Florida Building Commission.— 512 (1) The Florida Building Commission is created and located 513 within the Department of Business and Professional Regulation 514 for administrative purposes. Members are appointed by the 515 Governor subject to confirmation by the Senate. The commission 516 is composed of 2726members, consisting of the following: 517 (a) One architect registered to practice in this state and 518 actively engaged in the profession. The American Institute of 519 Architects, Florida Section, is encouraged to recommend a list 520 of candidates for consideration. 521 (b) One structural engineer registered to practice in this 522 state and actively engaged in the profession. The Florida 523 Engineering Society is encouraged to recommend a list of 524 candidates for consideration. 525 (c) One air-conditioning or mechanical contractor certified 526 to do business in this state and actively engaged in the 527 profession. The Florida Air Conditioning Contractors 528 Association, the Florida Refrigeration and Air Conditioning 529 Contractors Association, and the Mechanical Contractors 530 Association of Florida are encouraged to recommend a list of 531 candidates for consideration. 532 (d) One electrical contractor certified to do business in 533 this state and actively engaged in the profession. The Florida 534 Association of Electrical ContractorsAssociationand the 535 National Electrical Contractors Association, Florida Chapter, 536 are encouraged to recommend a list of candidates for 537 consideration. 538 (e) One member from fire protection engineering or 539 technology who is actively engaged in the profession. The 540 Florida Chapter of the Society of Fire Protection Engineers and 541 the Florida Fire Marshals and Inspectors Association are 542 encouraged to recommend a list of candidates for consideration. 543 (f) One general contractor certified to do business in this 544 state and actively engaged in the profession. The Associated 545 Builders and Contractors of Florida, the Florida Associated 546 General Contractors Council, and the Union Contractors 547 Association are encouraged to recommend a list of candidates for 548 consideration. 549 (g) One plumbing contractor licensed to do business in this 550 state and actively engaged in the profession. The Florida 551 Association of Plumbing, Heating, and Cooling Contractors is 552 encouraged to recommend a list of candidates for consideration. 553 (h) One roofing or sheet metal contractor certified to do 554 business in this state and actively engaged in the profession. 555 The Florida Roofing, Sheet Metal, and Air Conditioning 556 Contractors Association and the Sheet Metal and Air Conditioning 557 Contractors’ContractorsNational Association are encouraged to 558 recommend a list of candidates for consideration. 559 (i) One residential contractor licensed to do business in 560 this state and actively engaged in the profession. The Florida 561 Home Builders Association is encouraged to recommend a list of 562 candidates for consideration. 563 (j) Three members who are municipal or district codes 564 enforcement officials, one of whom is also a fire official. The 565 Building Officials Association of Florida and the Florida Fire 566 Marshals and Inspectors Association are encouraged to recommend 567 a list of candidates for consideration. 568 (k) One member who represents the Department of Financial 569 Services. 570 (l) One member who is a county codes enforcement official. 571 The Building Officials Association of Florida is encouraged to 572 recommend a list of candidates for consideration. 573 (m) One member of a Florida-based organization of persons 574 with disabilities or a nationally chartered organization of 575 persons with disabilities with chapters in this state. 576 (n) One member of the manufactured buildings industry who 577 is licensed to do business in this state and is actively engaged 578 in the industry. The Florida Manufactured Housing Association is 579 encouraged to recommend a list of candidates for consideration. 580 (o) One mechanical or electrical engineer registered to 581 practice in this state and actively engaged in the profession. 582 The Florida Engineering Society is encouraged to recommend a 583 list of candidates for consideration. 584 (p) One member who is a representative of a municipality or 585 a charter county. The Florida League of Cities and the Florida 586 Association of Counties are encouraged to recommend a list of 587 candidates for consideration. 588 (q) One member of the building products manufacturing 589 industry who is authorized to do business in this state and is 590 actively engaged in the industry. The Florida Building Material 591 Association, the Florida Concrete and ProductProducts592 Association, and the Fenestration Manufacturers Association are 593 encouraged to recommend a list of candidates for consideration. 594 (r) One member who is a representative of the building 595 owners and managers industry who is actively engaged in 596 commercial building ownership or management. The Building Owners 597 and Managers Association is encouraged to recommend a list of 598 candidates for consideration. 599 (s) One member who is a representative of the insurance 600 industry. The Florida Insurance Council is encouraged to 601 recommend a list of candidates for consideration. 602 (t) One member who is a representative of public education. 603 (u) One member who is a swimming pool contractor licensed 604 to do business in this state and actively engaged in the 605 profession. The Florida Swimming Pool Association and the United 606 Pool and Spa Association are encouraged to recommend a list of 607 candidates for consideration. 608 (v) One member who is a representative of the green 609 building industry and who is a third-party commission agent, a 610 Florida board member of the United States Green Building Council 611 or Green Building Initiative, a professional who is accredited 612 under the International Green Construction Code (IGCC), or a 613 professional who is accredited under Leadership in Energy and 614 Environmental Design (LEED). 615 (w) One member who is a representative of a natural gas 616 distribution system and who is actively engaged in the 617 distribution of natural gas in this state. The Florida Natural 618 Gas Association is encouraged to recommend a list of candidates 619 for consideration. 620 (x) One member who is a representative of the Department of 621 Agriculture and Consumer Services’ Office of Energy. The 622 Commissioner of Agriculture is encouraged to recommend a list of 623 candidates for consideration. 624 (y)(x)One member who shall be the chair. 625 626Any person serving on the commission under paragraph (c) or627paragraph (h) on October 1, 2003, and who has served less than628two full terms is eligible for reappointment to the commission629regardless of whether he or she meets the new qualification.630 Section 20. Subsection (7) is added to section 553.77, 631 Florida Statutes, to read: 632 553.77 Specific powers of the commission.— 633 (7) Building officials shall recognize and enforce variance 634 orders issued by the Department of Health pursuant to s. 635 514.0115(5), including any conditions attached to the granting 636 of the variance. 637 Section 21. Section 553.775, Florida Statutes, is amended 638 to read: 639 553.775 Interpretations.— 640 (1) It is the intent of the Legislature that the Florida 641 Building Code and the Florida Accessibility Code for Building 642 Construction be interpreted by building officials, local 643 enforcement agencies, and the commission in a manner that 644 protects the public safety, health, and welfare at the most 645 reasonable cost to the consumer by ensuring uniform 646 interpretations throughout the state and by providing processes 647 for resolving disputes regarding interpretations of the Florida 648 Building Code and the Florida Accessibility Code for Building 649 Construction which are just and expeditious. 650 (2) Local enforcement agencies, local building officials, 651 state agencies, and the commission shall interpret provisions of 652 the Florida Building Code and the Florida Accessibility Code for 653 Building Construction in a manner that is consistent with 654 declaratory statements and interpretations entered by the 655 commission, except that conflicts between the Florida Fire 656 Prevention Code and the Florida Building Code shall be resolved 657 in accordance with s. 553.73(11)(c) and (d). 658 (3) The following procedures may be invoked regarding 659 interpretations of the Florida Building Code or the Florida 660 Accessibility Code for Building Construction: 661 (a) Upon written application by any substantially affected 662 person or state agency or by a local enforcement agency, the 663 commission shall issue declaratory statements pursuant to s. 664 120.565 relating to the enforcement or administration by local 665 governments of the Florida Building Code or the Florida 666 Accessibility Code for Building Construction. 667 (b) When requested in writing by any substantially affected 668 person or state agency or by a local enforcement agency, the 669 commission shall issue a declaratory statement pursuant to s. 670 120.565 relating to this part and ss. 515.25, 515.27, 515.29, 671 and 515.37. Actions of the commission are subject to judicial 672 review under s. 120.68. 673 (c) The commission shall review decisions of local building 674 officials and local enforcement agencies regarding 675 interpretations of the Florida Building Code or the Florida 676 Accessibility Code for Building Construction after the local 677 board of appeals has considered the decision, if such board 678 exists, and if such appeals process is concluded within 25 679 business days. 680 1. The commission shall coordinate with the Building 681 Officials Association of Florida, Inc., to designate panels 682 composed of five members to hear requests to review decisions of 683 local building officials. The members must be licensed as 684 building code administrators under part XII of chapter 468 and 685 must have experience interpreting and enforcing provisions of 686 the Florida Building Code and the Florida Accessibility Code for 687 Building Construction. 688 2. Requests to review a decision of a local building 689 official interpreting provisions of the Florida Building Code or 690 the Florida Accessibility Code for Building Construction may be 691 initiated by any substantially affected person, including an 692 owner or builder subject to a decision of a local building 693 official or an association of owners or builders having members 694 who are subject to a decision of a local building official. In 695 order to initiate review, the substantially affected person must 696 file a petition with the commission. The commission shall adopt 697 a form for the petition, which shall be published on the 698 Building Code Information System. The form shall, at a minimum, 699 require the following: 700 a. The name and address of the county or municipality in 701 which provisions of the Florida Building Code or the Florida 702 Accessibility Code for Building Construction are being 703 interpreted. 704 b. The name and address of the local building official who 705 has made the interpretation being appealed. 706 c. The name, address, and telephone number of the 707 petitioner; the name, address, and telephone number of the 708 petitioner’s representative, if any; and an explanation of how 709 the petitioner’s substantial interests are being affected by the 710 local interpretation of the Florida Building Code or the Florida 711 Accessibility Code for Building Construction. 712 d. A statement of the provisions of the Florida Building 713 Code or the Florida Accessibility Code for Building Construction 714 which are being interpreted by the local building official. 715 e. A statement of the interpretation given to provisions of 716 the Florida Building Code or the Florida Accessibility Code for 717 Building Construction by the local building official and the 718 manner in which the interpretation was rendered. 719 f. A statement of the interpretation that the petitioner 720 contends should be given to the provisions of the Florida 721 Building Code or the Florida Accessibility Code for Building 722 Construction and a statement supporting the petitioner’s 723 interpretation. 724 g. Space for the local building official to respond in 725 writing. The space shall, at a minimum, require the local 726 building official to respond by providing a statement admitting 727 or denying the statements contained in the petition and a 728 statement of the interpretation of the provisions of the Florida 729 Building Code or the Florida Accessibility Code for Building 730 Construction which the local jurisdiction or the local building 731 official contends is correct, including the basis for the 732 interpretation. 733 3. The petitioner shall submit the petition to the local 734 building official, who shall place the date of receipt on the 735 petition. The local building official shall respond to the 736 petition in accordance with the form and shall return the 737 petition along with his or her response to the petitioner within 738 5 days after receipt, exclusive of Saturdays, Sundays, and legal 739 holidays. The petitioner may file the petition with the 740 commission at any time after the local building official 741 provides a response. If no response is provided by the local 742 building official, the petitioner may file the petition with the 743 commission 10 days after submission of the petition to the local 744 building official and shall note that the local building 745 official did not respond. 746 4. Upon receipt of a petition that meets the requirements 747 of subparagraph 2., the commission shall immediately provide 748 copies of the petition to a panel, and the commission shall 749 publish the petition, including any response submitted by the 750 local building official, on the Building Code Information System 751 in a manner that allows interested persons to address the issues 752 by posting comments. 753 5. The panel shall conduct proceedings as necessary to 754 resolve the issues; shall give due regard to the petitions, the 755 response, and to comments posed on the Building Code Information 756 System; and shall issue an interpretation regarding the 757 provisions of the Florida Building Code or the Florida 758 Accessibility Code for Building Construction within 21 days 759 after the filing of the petition. The panel shall render a 760 determination based upon the Florida Building Code or the 761 Florida Accessibility Code for Building Construction or, if the 762 code is ambiguous, the intent of the code. The panel’s 763 interpretation shall be provided to the commission, which shall 764 publish the interpretation on the Building Code Information 765 System and in the Florida Administrative Register. The 766 interpretation shall be considered an interpretation entered by 767 the commission, and shall be binding upon the parties and upon 768 all jurisdictions subject to the Florida Building Code or the 769 Florida Accessibility Code for Building Construction, unless it 770 is superseded by a declaratory statement issued by the Florida 771 Building Commission or by a final order entered after an appeal 772 proceeding conducted in accordance with subparagraph 7. 773 6. It is the intent of the Legislature that review 774 proceedings be completed within 21 days after the date that a 775 petition seeking review is filed with the commission, and the 776 time periods set forth in this paragraph may be waived only upon 777 consent of all parties. 778 7. Any substantially affected person may appeal an 779 interpretation rendered by a hearing officer panel by filing a 780 petition with the commission. Such appeals shall be initiated in 781 accordance with chapter 120 and the uniform rules of procedure 782 and must be filed within 30 days after publication of the 783 interpretation on the Building Code Information System or in the 784 Florida Administrative Register. Hearings shall be conducted 785 pursuant to chapter 120 and the uniform rules of procedure. 786 Decisions of the commission are subject to judicial review 787 pursuant to s. 120.68. The final order of the commission is 788 binding upon the parties and upon all jurisdictions subject to 789 the Florida Building Code or the Florida Accessibility Code for 790 Building Construction. 791 8. The burden of proof in any proceeding initiated in 792 accordance with subparagraph 7. is on the party who initiated 793 the appeal. 794 9. In any review proceeding initiated in accordance with 795 this paragraph, including any proceeding initiated in accordance 796 with subparagraph 7., the fact that an owner or builder has 797 proceeded with construction may not be grounds for determining 798 an issue to be moot if the issue is one that is likely to arise 799 in the future. 800 801 This paragraph provides the exclusive remedy for addressing 802 requests to review local interpretations of the Florida Building 803 Code or the Florida Accessibility Code for Building Construction 804 and appeals from review proceedings. 805 (d) Upon written application by any substantially affected 806 person, contractor, or designer, or a group representing a 807 substantially affected person, contractor, or designer, the 808 commission shall issue or cause to be issued a formal 809 interpretation of the Florida Building Code or the Florida 810 Accessibility Code for Building Construction as prescribed by 811 paragraph (c). 812 (e) Local decisions declaring structures to be unsafe and 813 subject to repair or demolition are not subject to review under 814 this subsection and may not be appealed to the commission if the 815 local governing body finds that there is an immediate danger to 816 the health and safety of the public. 817 (f) Upon written application by any substantially affected 818 person, the commission shall issue a declaratory statement 819 pursuant to s. 120.565 relating to an agency’s interpretation 820 and enforcement of the specific provisions of the Florida 821 Building Code or the Florida Accessibility Code for Building 822 Construction which the agency is authorized to enforce. This 823 subsection does not provide any powers, other than advisory, to 824 the commission with respect to any decision of the State Fire 825 Marshal made pursuant to chapter 633. 826 (g) The commission may designate a commission member who 827 has demonstrated expertise in interpreting building plans to 828 attend each meeting of the advisory council created in s. 829 553.512. The commission member may vary from meeting to meeting, 830 shall serve on the council in a nonvoting capacity, and shall 831 receive per diem and expenses as provided in s. 553.74(3). 832 (h) The commission shall by rule establish an informal 833 process of rendering nonbinding interpretations of the Florida 834 Building Code and the Florida Accessibility Code for Building 835 Construction. The commission is specifically authorized to refer 836 interpretive issues to organizations that represent those 837 engaged in the construction industry. The commission shall 838 immediately implement the process before completing formal 839 rulemaking. It is the intent of the Legislature that the 840 commission create a process to refer questions to a small, 841 rotating group of individuals licensed under part XII of chapter 842 468, to which a party may pose questions regarding the 843 interpretation of code provisions. It is the intent of the 844 Legislature that the process provide for the expeditious 845 resolution of the issues presented and publication of the 846 resulting interpretation on the Building Code Information 847 System. Such interpretations shall be advisory only and 848 nonbinding on the parties and the commission. 849 (4) In order to administer this section, the commission may 850 adopt by rule and impose a fee for filing requests for 851 declaratory statements and binding and nonbinding 852 interpretations to recoup the cost of the proceedings which may 853 not exceed $125 for each request for a nonbinding interpretation 854 and $250 for each request for a binding review or 855 interpretation. For proceedings conducted by or in coordination 856 with a third party, the rule may provide that payment be made 857 directly to the third party, who shall remit to the department 858 that portion of the fee necessary to cover the costs of the 859 department. 860(5) The commission may render declaratory statements in861accordance with s. 120.565 relating to the provisions of the862Florida Accessibility Code for Building Construction not863attributable to the Americans with Disabilities Act864Accessibility Guidelines. Notwithstanding the other provisions865of this section, the Florida Accessibility Code for Building866Construction and chapter 11 of the Florida Building Code may not867be interpreted by, and are not subject to review under, any of868the procedures specified in this section. This subsection has no869effect upon the commission’s authority to waive the Florida870Accessibility Code for Building Construction as provided by s.871553.512.872 Section 22. Effective October 1, 2014, present subsections 873 (11) through (18) of section 553.79, Florida Statutes, are 874 redesignated as subsections (12) through (19), respectively, a 875 new subsection (11) is added to that section, and present 876 subsection (18) is amended, to read: 877 553.79 Permits; applications; issuance; inspections.— 878 (11) The local enforcing agency may not issue a building 879 permit to construct, develop, or modify a public swimming pool 880 without proof of application, whether complete or incomplete, 881 for an operating permit pursuant to s. 514.031. A certificate of 882 completion or occupancy may not be issued until such operating 883 permit is issued. The local enforcing agency shall conduct their 884 review of the building permit application upon filing and in 885 accordance with this chapter. The local enforcing agency may 886 confer with the Department of Health, if necessary, but may not 887 delay the building permit application review while awaiting 888 comment from the Department of Health. 889 (19)(18)For the purpose of inspection and record 890 retention, site plans or building permitsfor a buildingmay be 891 maintained in the original form or in the form of an electronic 892 copy at the worksite. These plans and permits must be open to 893 inspection by the building official or a duly authorized 894 representative, as required by the Florida Building Code. 895 Section 23. Paragraph (b) of subsection (6) of section 896 553.80, Florida Statutes, is amended to read: 897 553.80 Enforcement.— 898 (6) Notwithstanding any other law, state universities, 899 community colleges, and public school districts shall be subject 900 to enforcement of the Florida Building Code under this part. 901 (b) If a state university, state community college, or 902 public school district elects to use a local government’s code 903 enforcement offices: 904 1. Fees charged by counties and municipalities for 905 enforcement of the Florida Building Code on buildings, 906 structures, and facilities of state universities, state 907 colleges, and public school districts may not be more than the 908 actual labor and administrative costs incurred for plans review 909 and inspections to ensure compliance with the code. 910 2. Counties and municipalities shall expedite building 911 construction permitting, building plans review, and inspections 912 of projects of state universities, state community colleges, and 913 public schoolsschool districtsthat are subject to the Florida 914 Building Code according to guidelines established by the Florida 915 Building Commission. 916 3. A party substantially affected by an interpretation of 917 the Florida Building Code by the local government’s code 918 enforcement offices may appeal the interpretation to the local 919 government’s board of adjustment and appeal or to the commission 920 under s. 553.775 if no local board exists. The decision of a 921 local board is reviewable in accordance with s. 553.775. 922 923 This part may not be construed to authorize counties, 924 municipalities, or code enforcement districts to conduct any 925 permitting, plans review, or inspections not covered by the 926 Florida Building Code. Any actions by counties or municipalities 927 not in compliance with this part may be appealed to the Florida 928 Building Commission. The commission, upon a determination that 929 actions not in compliance with this part have delayed permitting 930 or construction, may suspend the authority of a county, 931 municipality, or code enforcement district to enforce the 932 Florida Building Code on the buildings, structures, or 933 facilities of a state university, state community college, or 934 public school district and provide for code enforcement at the 935 expense of the state university, state community college, or 936 public school district. 937 Section 24. Subsections (1) and (2) of section 553.841, 938 Florida Statutes, are amended to read: 939 553.841 Building code compliance and mitigation program.— 940 (1) The Legislature finds that knowledge and understanding 941 by persons licensed or employed in the design and construction 942 industries of the importance and need for complying with the 943 Florida Building Code and related laws is vital to the public 944 health, safety, and welfare of this state, especially for 945 protecting consumers and mitigating damage caused by hurricanes 946 to residents and visitors to the state. The Legislature further 947 finds that the Florida Building Code can be effective only if 948 all participants in the design and construction industries 949 maintain a thorough knowledge of the code, code compliance and 950 enforcement, duties related to consumers, and changes that 951additions thereto whichimprove construction standards, project 952 completion, and compliance of design and construction to protect 953 against consumer harm, storm damage, and other damage. 954 Consequently, the Legislature finds that there is a need for a 955 program to provide ongoing education and outreach activities 956 concerning compliance with the Florida Building Code, the 957 Florida Fire Prevention Code, construction plan and permitting 958 requirements, construction liens, and hurricane mitigation. 959 (2) The Department of Business and Professional Regulation 960 shall administer a program, designated as the Florida Building 961 Code Compliance and Mitigation Program, to develop, coordinate, 962 and maintain education and outreach to persons required to 963 comply with the Florida Building Code and related provisions as 964 specified in subsection (1) and ensure consistent education, 965 training, and communication of the code’s requirements, 966 including, but not limited to, methods for design and 967 construction compliance and mitigation of storm-related damage. 968 The program shall also operate a clearinghouse through which 969 design, construction, and building code enforcement licensees, 970 suppliers, and consumers in this state may find others in order 971 to exchange information relating to mitigation and facilitate 972 repairs in the aftermath of a natural disaster. 973 Section 25. Section 553.883, Florida Statutes, is created 974 to read: 975 553.883 Smoke alarms in one-family and two-family dwellings 976 and townhomes.—One-family and two-family dwellings and townhomes 977 undergoing a repair, or a level 1 alteration as defined in the 978 Florida Building Code, may use smoke alarms powered by 10-year 979 nonremovable, nonreplaceable batteries in lieu of retrofitting 980 such dwelling with smoke alarms powered by the dwelling’s 981 electrical system. Effective January 1, 2015, a battery-powered 982 smoke alarm that is newly installed or replaces an existing 983 battery-powered smoke alarm must be powered by a nonremovable, 984 nonreplaceable battery that powers the alarm for at least 10 985 years. The battery requirements of this section do not apply to 986 a fire alarm, smoke detector, smoke alarm, or ancillary 987 component that is electronically connected as a part of a 988 centrally monitored or supervised alarm system. 989 Section 26. Subsection (3) of section 553.993, Florida 990 Statutes, is amended to read: 991 553.993 Definitions.—For purposes of this part: 992 (3) “Building energy-efficiency rating system” means a 993 whole building energy evaluation system that provides a reliable 994 and scientifically-based analysis of a building’s energy 995 consumption or energy features and allows a comparison to 996 similar building types in similar climate zones where 997 applicable. Specifically, the rating system shall use standard 998 calculations, formulas, and scoring methods; be applicable 999 nationally; compare a building to a clearly defined and 1000 researched baseline or benchmark; require qualified 1001 professionals to conduct the rating or assessment; and provide a 1002 labeling and recognition program with specific criteria or 1003 levels. Residential program benchmarks for new construction must 1004 be consistent with national building standards. Residential 1005 building program benchmarks for existing construction must be 1006 consistent with national home energy rating standards. The 1007 building energy-efficiency rating system shall require at least 1008 one level of oversight performed by an organized and balanced 1009 group of professionals with subject matter expertise in energy 1010 efficiency, energy rating, and evaluation methodsestablished by1011the Residential Energy Services Network, the Commercial Energy1012Services Network, the Building Performance Institute, or the1013Florida Solar Energy Center. 1014 Section 27. Subsection (15) of section 633.202, Florida 1015 Statutes, is amended to read: 1016 633.202 Florida Fire Prevention Code.— 1017 (15)(a)For one-story or two-story structures that are less 1018 than 10,000 square feet, whose occupancy is defined in the 1019 Florida Building Code and the Florida Fire Prevention Code as 1020 business or mercantile, a fire official shall enforce the wall 1021 fire-rating provisions for occupancy separation as defined in 1022 the Florida Building Code. 1023 (16)(a)(b)A structure, located on property that is 1024 classified for ad valorem purposes as agricultural, which is 1025 part of a farming or ranching operation, in which the occupancy 1026 is limited by the property owner to no more than 35 persons, and 1027 which is not used by the public for direct sales or as an 1028 educational outreach facility, is exempt from the Florida Fire 1029 Prevention Code, including the national codes and Life Safety 1030 Code incorporated by reference. This paragraph does not include 1031 structures used for residential or assembly occupancies, as 1032 defined in the Florida Fire Prevention Code. 1033 (b) A tent up to 30 feet by 30 feet is exempt from the 1034 Florida Fire Prevention Code, including the national codes 1035 incorporated by reference. 1036 Section 28. Subsection (1) of section 633.212, Florida 1037 Statutes, is amended to read: 1038 633.212 Legislative intent; informal interpretations of the 1039 Florida Fire Prevention Code.—It is the intent of the 1040 Legislature that the Florida Fire Prevention Code be interpreted 1041 by fire officials and local enforcement agencies in a manner 1042 that reasonably and cost-effectively protects the public safety, 1043 health, and welfare; ensures uniform interpretations throughout 1044 this state; and provides just and expeditious processes for 1045 resolving disputes regarding such interpretations. It is the 1046 further intent of the Legislature that such processes provide 1047 for the expeditious resolution of the issues presented and that 1048 the resulting interpretation of such issues be published on the 1049 website of the division. 1050 (1) The division shall by rule establish an informal 1051 process of rendering nonbinding interpretations of the Florida 1052 Fire Prevention Code. The division may contract with and refer 1053 interpretive issues to a third party, selected based upon cost 1054 effectiveness, quality of services to be performed, and other 1055 performance-based criteria, which has experience in interpreting 1056 and enforcing the Florida Fire Prevention Code. It is the intent 1057 of the Legislature that the division establish a Fire Code 1058 Interpretation Committee composed of seven persons and seven 1059 alternates, equally representing each area of the state, to 1060 which a party can pose questions regarding the interpretation of 1061 the Florida Fire Prevention Code provisions. The alternate 1062 member may respond to a nonbinding interpretation if athe1063 membernotifies the Fire Code Interpretation Committee that he1064or sheis unable to respond. 1065 Section 29. Except as otherwise provided in this act, this 1066 act shall take effect July 1, 2014. 1067 1068 ================= T I T L E A M E N D M E N T ================ 1069 And the title is amended as follows: 1070 Delete everything before the enacting clause 1071 and insert: 1072 A bill to be entitled 1073 An act relating to building construction policies; 1074 amending s. 162.12, F.S.; providing an additional 1075 method for local governments to provide notices to 1076 alleged code enforcement violators; amending s. 1077 373.323, F.S.; revising the requirements of an 1078 applicant to take the water well contractor licensure 1079 examination; amending s. 377.6015, F.S.; removing a 1080 provision relating to representation in the Southern 1081 States Energy Compact; amending s. 377.703, F.S.; 1082 requiring the Department of Agriculture and Consumer 1083 Services to include in its annual report 1084 recommendations for energy efficiency; expanding the 1085 promotion of the development and use of renewable 1086 energy resources from goals related to solar energy to 1087 renewable energy in general; requiring the department 1088 to cooperate with the Florida Energy Systems 1089 Consortium in the development and use of renewable 1090 energy resources; amending s. 377.712, F.S.; 1091 authorizing the Commissioner of Agriculture to appoint 1092 a member to the Southern States Energy Board; 1093 authorizing the member appointed by the Governor to 1094 approve proposed activities relating to furtherance of 1095 the Southern States Energy Compact; amending s. 1096 377.801, F.S.; conforming a cross-reference; amending 1097 s. 377.802, F.S.; amending the purpose of the Florida 1098 Energy and Climate Protection Act; amending s. 1099 377.803, F.S.; conforming provisions to changes made 1100 by the act; repealing ss. 377.806 and 377.807, F.S., 1101 relating to the Solar Energy System Incentives Program 1102 and the Energy-Efficient Appliance Rebate Program, 1103 respectively; creating s. 377.815, F.S.; authorizing 1104 the department to post on its website information 1105 relating to alternative fueling stations or electric 1106 vehicle charging stations; defining the term 1107 “alternative fuel”; authorizing the owner or operator 1108 of an alternative fueling station or an electric 1109 vehicle charging station to report certain 1110 information; creating s. 377.816, F.S.; defining 1111 terms; requiring the Office of Energy to establish a 1112 program for allocating or reallocating a federally 1113 qualified energy conservation bond volume limitation; 1114 providing program requirements; amending s. 440.103, 1115 F.S.; authorizing an employer to present certain 1116 documents electronically or physically in order to 1117 show proof and certify to the permit issuer that it 1118 has secured compensation for its employees; 1119 authorizing site plans or electronically transferred 1120 building permits to be maintained at the worksite in 1121 their original form or by electronic copy; requiring 1122 such plans or permits to be open to inspection by the 1123 building official or authorized representative; 1124 amending s. 514.0115, F.S.; authorizing the Department 1125 of Health to grant certain variances relating to 1126 public swimming pools and bathing places; amending s. 1127 514.03, F.S.; requiring application for an operating 1128 permit before filing an application for a building 1129 permit for a public swimming pool; amending s. 1130 514.031, F.S.; providing additional requirements for 1131 obtaining a public swimming pool operating permit; 1132 providing a procedure for an applicant to respond to a 1133 request for additional information; requiring the 1134 Department of Health to review and provide to the 1135 local enforcement agency and the applicant any 1136 comments or proposed modifications to information 1137 submitted in the application; amending s. 553.37, 1138 F.S.; specifying inspection criteria for construction 1139 or modification of manufactured buildings or modules; 1140 amending s. 553.721, F.S.; making a technical change; 1141 amending s. 553.73, F.S.; authorizing an agency or 1142 local government to require rooftop equipment to be 1143 installed in compliance with the Florida Building Code 1144 if the equipment is being replaced or removed during 1145 reroofing and is not in compliance with the Florida 1146 Building Code’s roof-mounted mechanical units 1147 requirements; providing that make-up air is not 1148 required for certain range hood exhaust systems; 1149 amending s. 553.74, F.S.; adding a member to the 1150 Florida Building Commission as a representative of the 1151 Department of Agriculture and Consumer Services’ 1152 Office of Energy; deleting obsolete provisions; 1153 amending s. 553.77, F.S.; requiring building officials 1154 to recognize and enforce certain variance orders 1155 issued by the Department of Health; amending s. 1156 553.775, F.S.; authorizing building officials, local 1157 enforcement agencies, and the Florida Building 1158 Commission to interpret the Florida Accessibility Code 1159 for Building Construction; specifying procedures for 1160 such interpretations; deleting provisions relating to 1161 declaratory statements and interpretations of the 1162 Florida Accessibility Code for Building Construction, 1163 to conform; amending s. 553.79, F.S.; prohibiting a 1164 local enforcing agency from issuing a building permit 1165 for a public swimming pool without proof of 1166 application for an operating permit; requiring 1167 issuance of an operating permit before a certificate 1168 of completion or occupancy is issued; requiring the 1169 local enforcing agency to review the building permit 1170 application upon filing; authorizing such agency to 1171 confer with the Department of Health if it doesn’t 1172 delay review of the application; authorizing site 1173 plans or building permits to be maintained at the 1174 worksite in their original form or in the form of an 1175 electronic copy; requiring the permit to be open to 1176 inspection; amending s. 553.80, F.S.; requiring 1177 counties and municipalities to expedite building 1178 construction permitting, building plans review, and 1179 inspections of projects of certain public schools, 1180 rather than certain public school districts; amending 1181 s. 553.841, F.S.; revising education and training 1182 requirements of the Florida Building Code Compliance 1183 and Mitigation Program; creating s. 553.883, F.S.; 1184 authorizing use of smoke alarms powered by 10-year 1185 nonremovable, nonreplaceable batteries in certain 1186 circumstances; requiring use of such alarms by a 1187 certain date; providing an exemption; amending s. 1188 553.993, F.S.; redefining the term “building energy 1189 efficiency rating system” to require consistency with 1190 certain national standards for new construction and 1191 existing construction; providing for oversight; 1192 amending s. 633.202, F.S.; exempting certain tents 1193 from the Florida Fire Prevention Code; amending s. 1194 633.212, F.S.; removing the requirement that an 1195 alternate member of the Fire Code Interpretation 1196 Committee provide notice to the committee in order to 1197 respond to a nonbinding interpretation when a member 1198 is unable to respond; providing effective dates.