Bill Amendment: FL S1232 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Building Codes
Status: 2015-05-01 - Died on Calendar [S1232 Detail]
Download: Florida-2015-S1232-Senate_Committee_Amendment_589274.html
Bill Title: Building Codes
Status: 2015-05-01 - Died on Calendar [S1232 Detail]
Download: Florida-2015-S1232-Senate_Committee_Amendment_589274.html
Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1232 Ì589274HÎ589274 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Grimsley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsections (2), (3), and (7) of section 6 468.609, Florida Statutes, are amended to read: 7 468.609 Administration of this part; standards for 8 certification; additional categories of certification.— 9 (2) A person may take the examination for certification as 10 a building code inspector or plans examiner pursuant to this 11 part if the person: 12 (a) Is at least 18 years of age. 13 (b) Is of good moral character. 14 (c) Meets eligibility requirements according to one of the 15 following criteria: 16 1. Demonstrates 5 years’ combined experience in the field 17 of construction or a related field, building code inspection, or 18 plans review corresponding to the certification category sought; 19 2. Demonstrates a combination of postsecondary education in 20 the field of construction or a related field and experience 21 which totals 4 years, with at least 1 year of such total being 22 experience in construction, building code inspection, or plans 23 review; 24 3. Demonstrates a combination of technical education in the 25 field of construction or a related field and experience which 26 totals 4 years, with at least 1 year of such total being 27 experience in construction, building code inspection, or plans 28 review; 29 4. Currently holds a standard certificateasissued by the 30 board,or a firesafetyfire safetyinspector license issued 31 pursuant to chapter 633, has a minimum of 35years’ verifiable 32 full-time experience in inspection or plan review, and 33 satisfactorily completes a building code inspector or plans 34 examiner training program that provides at least 100 hours but 35 not moreof not lessthan 200 hours of cross-training in the 36 certification category sought. The board shall establish by rule 37 criteria for the development and implementation of the training 38 programs. The board shall accept all classroom training offered 39 by an approved provider if the content substantially meets the 40 intent of the classroom component of the training program;or41 5. Demonstrates a combination of the completion of an 42 approved training program in the field of building code 43 inspection or plan review and a minimum of 2 years’ experience 44 in the field of building code inspection, plan review, fire code 45 inspections, and fire plans review of new buildings as a 46 firesafety inspector certified under s. 633.216, or 47 construction. The approved training portion of this requirement 48 shall include proof of satisfactory completion of a training 49 program that provides at least 200 hours but not moreof not50lessthan 300 hours of cross-training which is approved by the 51 board in the chosen category of building code inspection or plan 52 review in the certification category sought with at leastnot53less than20 hours but not more than 30 hours of instruction in 54 state laws, rules, and ethics relating to professional standards 55 of practice, duties, and responsibilities of a 56 certificateholder. The board shall coordinate with the Building 57 Officials Association of Florida, Inc., to establish by rule the 58 development and implementation of the training program. However, 59 the board shall accept all classroom training offered by an 60 approved provider if the content substantially meets the intent 61 of the classroom component of the training program; or 62 6. Currently holds a standard certificate issued by the 63 board or a firesafety inspector license issued pursuant to 64 chapter 633 and: 65 a. Has at least 5 years of verifiable full-time experience 66 as an inspector or plans examiner in a standard certification 67 category currently held or has a minimum of 5 years’ verifiable 68 full-time experience as a firesafety inspector licensed pursuant 69 to chapter 633; and 70 b. Satisfactorily completes a building code inspector or 71 plans examiner classroom training course or program that 72 provides at least 40 but not more than 300 hours in the 73 certification category sought, except for one-family and two 74 family dwelling training programs which are required to provide 75 at least 500 but not more than 800 hours of training as 76 prescribed by the board. The board shall establish by rule 77 criteria for the development and implementation of classroom 78 training courses and programs in each certification category. 79 (3) A person may take the examination for certification as 80 a building code administrator pursuant to this part if the 81 person: 82 (a) Is at least 18 years of age. 83 (b) Is of good moral character. 84 (c) Meets eligibility requirements according to one of the 85 following criteria: 86 1. Demonstrates 710years’ combined experience as an 87 architect, engineer, plans examiner, building code inspector, 88 firesafety inspector certified under s. 633.216, registered or 89 certified contractor, or construction superintendent, with at 90 least 35years of such experience in supervisory positions; or 91 2. Demonstrates a combination of postsecondary education in 92 the field of construction or related field, no more than 5 years 93 of which may be applied, and experience as an architect, 94 engineer, plans examiner, building code inspector, firesafety 95 inspector certified under s. 633.216, registered or certified 96 contractor, or construction superintendent which totals 71097 years, with at least 35years of such total being experience in 98 supervisory positions. In addition, the applicant must have 99 completed training consisting of at least 20 hours but not more 100 than 30 hours of instruction in state laws, rules, and ethics 101 relating to professional standards of practice, duties, and 102 responsibilities of a certificateholder. 103 (7)(a) The board shallmayprovide for the issuance of 104 provisional certificates valid for 1 year, as specified by board 105 rule, to any newly employed or promoted building code inspector 106 or plans examiner who meets the eligibility requirements 107 described in subsection (2) and any newly employed or promoted 108 building code administrator who meets the eligibility 109 requirements described in subsection (3). The provisional 110 license may be renewed by the board for just cause; however, a 111 provisional license is not valid for a period longer than 3 112 years. 113 (b) No building code administrator, plans examiner, or 114 building code inspector may have a provisional certificate 115 extended beyond the specified period by renewal or otherwise. 116 (c) The board shallmayprovide for appropriate levels of 117 provisional certificates and may issue these certificates with 118 such special conditions or requirements relating to the place of 119 employment of the person holding the certificate, the 120 supervision of such person on a consulting or advisory basis, or 121 other matters as the board may deem necessary to protect the 122 public safety and health. 123 (d) A newly employed or hired person may perform the duties 124 of a plans examiner or building code inspector for 120 days if a 125 provisional certificate application has been submitted if such 126 person is under the direct supervision of a certified building 127 code administrator who holds a standard certification and who 128 has found such person qualified for a provisional certificate. 129 Direct supervision and the determination of qualifications may 130 also be provided by a building code administrator who holds a 131 limited or provisional certificate in a county having a 132 population of fewer than 75,000 and in a municipality located 133 within such county. 134 Section 2. Paragraph (m) of subsection (3) of section 135 489.105, Florida Statutes, is amended to read: 136 489.105 Definitions.—As used in this part: 137 (3) “Contractor” means the person who is qualified for, and 138 is only responsible for, the project contracted for and means, 139 except as exempted in this part, the person who, for 140 compensation, undertakes to, submits a bid to, or does himself 141 or herself or by others construct, repair, alter, remodel, add 142 to, demolish, subtract from, or improve any building or 143 structure, including related improvements to real estate, for 144 others or for resale to others; and whose job scope is 145 substantially similar to the job scope described in one of the 146 paragraphs of this subsection. For the purposes of regulation 147 under this part, the term “demolish” applies only to demolition 148 of steel tanks more than 50 feet in height; towers more than 50 149 feet in height; other structures more than 50 feet in height; 150 and all buildings or residences. Contractors are subdivided into 151 two divisions, Division I, consisting of those contractors 152 defined in paragraphs (a)-(c), and Division II, consisting of 153 those contractors defined in paragraphs (d)-(q): 154 (m) “Plumbing contractor” means a contractor whose services 155 are unlimited in the plumbing trade and includes contracting 156 business consisting of the execution of contracts requiring the 157 experience, financial means, knowledge, and skill to install, 158 maintain, repair, alter, extend, or, if not prohibited by law, 159 design plumbing. A plumbing contractor may install, maintain, 160 repair, alter, extend, or, if not prohibited by law, design the 161 following without obtaining an additional local regulatory 162 license, certificate, or registration: sanitary drainage or 163 storm drainage facilities, water and sewer plants and 164 substations, venting systems, public or private water supply 165 systems, septic tanks, drainage and supply wells, swimming pool 166 piping, irrigation systems, and solar heating water systems and 167 all appurtenances, apparatus, or equipment used in connection 168 therewith, including boilers and pressure process piping and 169 including the installation of water, natural gas, liquefied 170 petroleum gas and related venting, and storm and sanitary sewer 171 lines. The scope of work of the plumbing contractor also 172 includes the design, if not prohibited by law, and installation, 173 maintenance, repair, alteration, or extension of air-piping, 174 vacuum line piping, oxygen line piping, nitrous oxide piping, 175 and all related medical gas systems; fire line standpipes and 176 fire sprinklers if authorized by law; ink and chemical lines; 177 fuel oil and gasoline piping and tank and pump installation, 178 except bulk storage plants; and pneumatic control piping 179 systems, all in a manner that complies with all plans, 180 specifications, codes, laws, and regulations applicable. The 181 scope of work of the plumbing contractor applies to private 182 property and public property, including any excavation work 183 incidental thereto, and includes the work of the specialty 184 plumbing contractor. Such contractor shall subcontract, with a 185 qualified contractor in the field concerned, all other work 186 incidental to the work but which is specified as being the work 187 of a trade other than that of a plumbing contractor. This 188 definition does not limit the scope of work of any specialty 189 contractor certified pursuant to s. 489.113(6),and does not 190 require certification or registration under this part for a 191 category I liquefied petroleum gas dealer, LP gas installer, or 192 specialty installer who is licensed under chapter 527 or anof193anyauthorized employee of a public natural gas utility or of a 194 private natural gas utility regulated by the Public Service 195 Commission when disconnecting and reconnecting water lines in 196 the servicing or replacement of an existing water heater. A 197 plumbing contractor may perform drain cleaning and clearing and 198 install or repair rainwater catchment systems; however, a 199 mandatory licensing requirement is not established for the 200 performance of these specific services. 201 Section 3. Subsections (2) and (3) of section 489.1401, 202 Florida Statutes, are amended to read: 203 489.1401 Legislative intent.— 204 (2) It is the intent of the Legislature that the sole 205 purpose of the Florida Homeowners’ Construction Recovery Fund is 206 to compensate ananyaggrieved claimant who contracted for the 207 construction or improvement of the homeowner’s residence located 208 within this state and who has obtained a final judgment in aany209 court of competent jurisdiction, was awarded restitution by the 210 Construction Industry Licensing Board, or received an award in 211 arbitration against a licensee on grounds of financial 212 mismanagement or misconduct, abandoning a construction project, 213 or making a false statement with respect to a project. Such 214 grievance must ariseand arisingdirectly out of aany215 transaction conducted when the judgment debtor was licensed and 216 must involve an actperformed any of the activitiesenumerated 217 under s. 489.129(1)(g), (j) or (k)on the homeowner’s residence. 218 (3) It is the intent of the Legislature that Division I and 219 Division II contractors set apart funds for the specific 220 objective of participating in the fund. 221 Section 4. Paragraphs (d), (i), (k), and (l) of subsection 222 (1) of section 489.1402, Florida Statutes, are amended to read: 223 489.1402 Homeowners’ Construction Recovery Fund; 224 definitions.— 225 (1) The following definitions apply to ss. 489.140-489.144: 226 (d) “Contractor” means a Division I or Division II 227 contractor performing his or her respective services described 228 in s. 489.105(3)(a)-(q)489.105(3)(a)-(c). 229 (i) “Residence” means a single-family residence, an 230 individual residential condominium or cooperative unit, or a 231 residential building containing not more than two residential 232 units in which the owner contracting for the improvement is 233 residing or will reside 6 months or more each calendar year upon 234 completion of the improvement. 235 (k) “Same transaction” means a contract, or aanyseries of 236 contracts, between a claimant and a contractor or qualified 237 business, when such contract or contracts involve the same 238 property or contiguous properties and are entered into either at 239 one time or serially. 240 (l) “Valid and current license,” for the purpose of s. 241 489.141(2)(d), means aanylicense issued pursuant to this part 242 to a licensee, including a license in an active, inactive, 243 delinquent, or suspended status. 244 Section 5. Subsections (1) and (2) of section 489.141, 245 Florida Statutes, are amended to read: 246 489.141 Conditions for recovery; eligibility.— 247 (1) AAnyclaimant is eligible to seek recovery from the 248 recovery fund after makinghaving madea claim and exhausting 249 the limits of any available bond, cash bond, surety, guarantee, 250 warranty, letter of credit, or policy of insurance if, provided251thateach of the following conditions is satisfied: 252 (a) The claimant has received a final judgment in a court 253 of competent jurisdiction in this state or has received an award 254 in arbitration or the Construction Industry Licensing Board has 255 issued a final order directing the licensee to pay restitution 256 to the claimant. The board may waive this requirement if: 257 1. The claimant is unable to secure a final judgment 258 against the licensee due to the death of the licensee; or 259 2. The claimant has sought to have assets involving the 260 transaction that gave rise to the claim removed from the 261 bankruptcy proceedings so that the matter might be heard in a 262 court of competent jurisdiction in this state and, after due 263 diligence, the claimant is precluded by action of the bankruptcy 264 court from securing a final judgment against the licensee. 265 (b) The judgment, award, or restitution is based upon a 266 violation of s. 489.129(1)(g), (j), or (k) or s. 713.35. 267 (c) The violation was committed by a licensee. 268 (d) The judgment, award, or restitution order specifies the 269 actual damages suffered as a consequence of such violation. 270 (e) The contract was executed and the violation occurred on 271 or after July 1, 1993, and provided that: 272 1. The claimant has caused to be issued a writ of execution 273 upon such judgment, and the officer executing the writ has made 274 a return showing that no personal or real property of the 275 judgment debtor or licensee liable to be levied upon in 276 satisfaction of the judgment can be found or that the amount 277 realized on the sale of the judgment debtor’s or licensee’s 278 property pursuant to such execution was insufficient to satisfy 279 the judgment; 280 2. If the claimant is unable to comply with subparagraph 1. 281 for a valid reason to be determined by the board, the claimant 282 has made all reasonable searches and inquiries to ascertain 283 whether the judgment debtor or licensee is possessed of real or 284 personal property or other assets subject to being sold or 285 applied in satisfaction of the judgment and by his or her search 286 has discovered no property or assets or has discovered property 287 and assets and has taken all necessary action and proceedings 288 for the application thereof to the judgment but the amount 289 thereby realized was insufficient to satisfy the judgment; and 290 3. The claimant has made a diligent attempt, as defined by 291 board rule, to collect the restitution awarded by the board. 292 (f) A claim for recovery is made within 1 year after the 293 conclusion of any civil, criminal, or administrative action or 294 award in arbitration based on the act. This paragraph applies to 295 any claim filed with the board after October 1, 1998. 296 (g) Any amounts recovered by the claimant from the judgment 297 debtor or licensee, or from any other source, have been applied 298 to the damages awarded by the court or the amount of restitution 299 ordered by the board. 300 (h) The claimant is not a person who is precluded by this 301 act from making a claim for recovery. 302 (2) A claimant is not qualified to make a claim for 303 recovery from the recovery fund,if: 304 (a) The claimant is the spouse of the judgment debtor or 305 licensee or a personal representative of such spouse; 306 (b) The claimant is a licensee who acted as the contractor 307 in the transaction thatwhichis the subject of the claim; 308 (c) The claim is based upon a construction contract in 309 which the licensee was acting with respect to the property owned 310 or controlled by the licensee; 311 (d) The claim is based upon a construction contract in 312 which the contractor did not hold a valid and current license at 313 the time of the construction contract; 314 (e) The claimant was associated in a business relationship 315 with the licensee other than the contract at issue; or 316(f) The claimant has suffered damages as the result of317making improper payments to a contractor as defined in part I of318chapter 713; or319 (f)(g)The claimant has entered into a contractcontracted320 with a licensee to perform a scope of work described in s. 321 489.105(3)(d)-(q) before July 1, 2015489.105(3)(d)-(p). 322 Section 6. Subsection (1) of section 489.1425, Florida 323 Statutes, is amended to read: 324 489.1425 Duty of contractor to notify residential property 325 owner of recovery fund.— 326 (1) EachAnyagreement or contract for repair, restoration, 327 improvement, or construction to residential real property must 328 contain a written statement explaining the consumer’s rights 329 under the recovery fund, except where the value of all labor and 330 materials does not exceed $2,500. The written statement must be 331 substantially in the following form: 332 333 FLORIDA HOMEOWNERS’ CONSTRUCTION 334 RECOVERY FUND 335 336 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE 337 FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY 338 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS 339 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED 340 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A 341 CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 342 AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 343 344 The statement mustshallbe immediately followed by the board’s 345 address and telephone number as established by board rule. 346 Section 7. Section 489.143, Florida Statutes, is amended to 347 read: 348 489.143 Payment from the fund.— 349 (1) The fund shall be disbursed as provided in s. 489.141 350 on a final order of the board. 351 (2) AAnyclaimant who meets all of the conditions 352 prescribed in s. 489.141 may apply to the board to cause payment 353 to be made to a claimant from the recovery fund in an amount 354 equal to the judgment, award, or restitution order or $25,000, 355 whichever is less, or an amount equal to the unsatisfied portion 356 of such person’s judgment, award, or restitution order, but only 357 to the extent and amount of actual damages suffered by the 358 claimant, and only up to the maximum payment allowed for each 359 respective Division I and Division II claim. Payment from the 360 fund for other costs related to or pursuant to civil proceedings 361 such as postjudgment interest, attorneyattorney’sfees, court 362 costs, medical damages, and punitive damages is prohibited. The 363 recovery fund is not obligated to pay aanyjudgment, an award, 364 or a restitution order, or any portion thereof, which is not 365 expressly based on one of the grounds for recovery set forth in 366 s. 489.141. 367 (3) Beginning January 1, 2005, for each Division I contract 368 entered into after July 1, 2004, payment from the recovery fund 369 shall be subject to a $50,000 maximum payment for each Division 370 I claim. Beginning January 1, 2016, for each Division II 371 contract entered into on or after July 1, 2015, payment from the 372 recovery fund shall be subject to a $15,000 maximum payment for 373 each Division II claim. 374 (4)(3)Upon receipt by a claimant under subsection (2) of 375 payment from the recovery fund, the claimant shall assign his or 376 her additional right, title, and interest in the judgment, 377 award, or restitution order, to the extent of such payment, to 378 the board, and thereupon the board shall be subrogated to the 379 right, title, and interest of the claimant; and any amount 380 subsequently recovered on the judgment, award, or restitution 381 order, to the extent of the right, title, and interest of the 382 board therein, shall be for the purpose of reimbursing the 383 recovery fund. 384 (5)(4)Payments for claims arising out of the same 385 transaction shall be limited, in the aggregate, to the lesser of 386 the judgment, award, or restitution order or the maximum payment 387 allowed for a Division I or Division II claim, regardless of the 388 number of claimants involved in the transaction. 389 (6)(5)For contracts entered into before July 1, 2004, 390 payments for claims against any one licensee mayshallnot 391 exceed, in the aggregate, $100,000 annually, up to a total 392 aggregate of $250,000. For any claim approved by the board which 393 is in excess of the annual cap, the amount in excess of $100,000 394 up to the total aggregate cap of $250,000 is eligible for 395 payment in the next and succeeding fiscal years, but only after 396 all claims for the then-current calendar year have been paid. 397 Payments may not exceed the aggregate annual or per claimant 398 limits under law. Beginning January 1, 2005, for each Division I 399 contract entered into after July 1, 2004, payment from the 400 recovery fund is subject only to a total aggregate cap of 401 $500,000 for each Division I licensee. Beginning January 1, 402 2016, for each Division II contract entered into on or after 403 July 1, 2015, payment from the recovery fund is subject only to 404 a total aggregate cap of $150,000 for each Division II licensee. 405 (7)(6)Claims shall be paid in the order filed, up to the 406 aggregate limits for each transaction and licensee and to the 407 limits of the amount appropriated to pay claims against the fund 408for the fiscal year in which the claims were filed. Payments may 409 not exceed the total aggregate cap per license or per claimant 410 limits under this section. 411 (8)(7)If the annual appropriation is exhausted with claims 412 pending, such claims shall be carried forward to the next fiscal 413 year. Any moneys in excess of pending claims remaining in the 414 recovery fund at the end of the fiscal year shall be paid as 415 provided in s. 468.631. 416 (9)(8)Upon the payment of any amount from the recovery 417 fund in settlement of a claim in satisfaction of a judgment, 418 award, or restitution order against a licensee as described in 419 s. 489.141, the license of such licensee shall be automatically 420 suspended, without further administrative action, upon the date 421 of payment from the fund. The license of such licensee mayshall422 not be reinstated until he or she has repaid in full, plus 423 interest, the amount paid from the fund. A discharge of 424 bankruptcy does not relieve a person from the penalties and 425 disabilities provided in this section. 426 (10)(9)AAnyfirm, a corporation, a partnership, or an 427 association, or aanyperson acting in his or her individual 428 capacity, who aids, abets, solicits, or conspires with another 429anyperson to knowingly present or cause to be presented aany430 false or fraudulent claim for the payment of a loss under this 431 act commitsis guilty ofa third-degree felony, punishable as 432 provided in s. 775.082 or s. 775.084 and by a fine of up tonot433exceeding$30,000,unless the value of the fraud exceeds that 434 amount,$30,000in which event the fine may not exceed double 435 the value of the fraud. 436 (11)(10)Each paymentAll paymentsand disbursement 437disbursementsfrom the recovery fund shall be made by the Chief 438 Financial Officer upon a voucher signed by the secretary of the 439 department or the secretary’s designee. 440 Section 8. Subsection (24) is added to section 489.503, 441 Florida Statutes, to read: 442 489.503 Exemptions.—This part does not apply to: 443 (24) A person who installs low-voltage landscape lighting 444 that contains a factory-installed electrical cord with plug and 445 does not require installation, wiring, or modification to the 446 electrical wiring of a structure. 447 Section 9. Subsections (2) through (5) of section 514.031, 448 Florida Statutes, are renumbered as subsections (3) through (6), 449 respectively, and a new subsection (2) is added to that section 450 to read: 451 514.031 Permit necessary to operate public swimming pool.— 452 (2) The department shall ensure through inspections that a 453 public swimming pool with an operating permit continues to be 454 operated and maintained in compliance with rules adopted under 455 this section, the original approved plans and specifications or 456 variances, and the Florida Building Code adopted under chapter 457 553 applicable to public pools or public bathing places. The 458 department may adopt and enforce rules to implement this 459 subsection, including provisions for closing those pools and 460 bathing places not in compliance. For purposes of this 461 subsection, the department’s jurisdiction includes the pool, the 462 pool deck, the barrier as defined in s. 515.25, and the bathroom 463 facilities for pool patrons. The local enforcement agency shall 464 permit and inspect repairs or modifications required as a result 465 of the department’s inspections and may take enforcement action 466 to ensure compliance. The department shall ensure that the rules 467 enforced by the local enforcement agency under this subsection 468 are not inconsistent with the Florida Building Code adopted 469 under chapter 553. 470 Section 10. Subsections (1), (2), and (5) of section 471 514.05, Florida Statutes, are amended to read: 472 514.05 Denial, suspension, or revocation of permit; 473 administrative fines.— 474 (1) The department may deny an application for ana475 operating permit, suspend or revoke a permit issued to any 476 person or public body, or impose an administrative fine upon the 477 failure of such person or public body to comply with the 478 provisions of this chapter, the original approved plans and 479 specifications or variances, the Florida Building Code adopted 480 under chapter 553 applicable to public pools or public bathing 481 places, or the rules adopted hereunder. 482 (2) The department may impose an administrative fine, which 483 shall not exceed $500 for each violation, for the violation of 484 this chapter, the original approved plans and specifications or 485 variances, the Florida Building Code adopted under chapter 553 486 applicable to public pools or public bathing places, or the 487 rules adopted hereunder and for the violation ofany of the488provisions ofchapter 386. Notice of intent to impose such fine 489 shall be given by the department to the alleged violator. Each 490 day that a violation continues may constitute a separate 491 violation. 492 (5) Under conditions specified by rule, the department may 493 close a public pool that is not in compliance with this chapter, 494 the original approved plans and specifications or variances, the 495 Florida Building Code adopted under chapter 553 applicable to 496 public pools or public bathing places, or the rules adopted 497 under this chapter. 498 Section 11. Section 553.721, Florida Statutes, is amended 499 to read: 500 553.721 Surcharge.—In order for the Department of Business 501 and Professional Regulation to administer and carry out the 502 purposes of this part and related activities, there is created a 503 surcharge, to be assessed at the rate of 1.5 percent of the 504 permit fees associated with enforcement of the Florida Building 505 Code as defined by the uniform account criteria and specifically 506 the uniform account code for building permits adopted for local 507 government financial reporting pursuant to s. 218.32. The 508 minimum amount collected on any permit issued shall be $2. The 509 unit of government responsible for collecting a permit fee 510 pursuant to s. 125.56(4) or s. 166.201 shall collect the 511 surcharge and electronically remit the funds collected to the 512 department on a quarterly calendar basis for the preceding 513 quarter and continuing each third month thereafter. The unit of 514 government shall retain 10 percent of the surcharge collected to 515 fund the participation of building departments in the national 516 and state building code adoption processes and to provide 517 education related to enforcement of the Florida Building Code. 518 All funds remitted to the department pursuant to this section 519 shall be deposited in the Professional Regulation Trust Fund. 520 Funds collected from the surcharge shall be allocated to fund 521 the Florida Building Commission and the Florida Building Code 522 Compliance and Mitigation Program under s. 553.841. Funds 523 allocated to the Florida Building Code Compliance and Mitigation 524 Program shall be $925,000 each fiscal year. The Florida Building 525 Code Compliance and Mitigation Program shall fund the 526 recommendations made by the Building Code System Uniform 527 Implementation Evaluation Workgroup, dated April 8, 2013, from 528 existing resources, not to exceed $30,000 in the 2015-2016 529 fiscal year. Funds collected from the surcharge shall also be 530 used to fund Florida Fire Code informal interpretations managed 531 by the State Fire Marshal and shall be limited to $15,000 each 532 fiscal year. The funds collected from the surcharge may not be 533 used to fund research on techniques for mitigation of radon in 534 existing buildings. Funds used by the department as well as 535 funds to be transferred to the Department of Health and the 536 State Fire Marshal shall be as prescribed in the annual General 537 Appropriations Act. The department shall adopt rules governing 538 the collection and remittance of surcharges pursuant to chapter 539 120. 540 Section 12. Subsection (11) of section 553.73, Florida 541 Statutes is amended, and subsections (19) and (20) are added to 542 that to read: 543 553.73 Florida Building Code.— 544 (11)(a) In the event of a conflict between the Florida 545 Building Code and the Florida Fire Prevention Code and the Life 546 Safety Code as applied to a specific project, the conflict shall 547 be resolved by agreement between the local building code 548 enforcement official and the local fire code enforcement 549 official in favor of the requirement of the code which offers 550 the greatest degree of lifesafety or alternatives which would 551 provide an equivalent degree of lifesafety and an equivalent 552 method of construction. Local boards created to address issues 553 arising under the Florida Building Code and the Florida Fire 554 Prevention Code may combine the appeals boards to create a 555 single, local board having jurisdiction over matters arising 556 under either or both codes. 557 (b) Any decision made by the local fire official regarding 558 application, interpretation, or enforcement of the Florida Fire 559 Prevention Code orandthe local building official regarding 560 application, interpretation, or enforcement of the Florida 561 Building Code, or the appropriate application of either or both 562 codes in the case of a conflict between the codes, may be 563 appealed to a local administrative board designated by the 564 municipality, county, or special district having firesafety 565 responsibilities. If the decision of the local fire official and 566 the local building official is to apply the provisions of either 567 the Florida Building Code or the Florida Fire Prevention Code 568 and the Life Safety Code, the board may not alter the decision 569 unless the board determines that the application of such code is 570 not reasonable. If the decision of the local fire official and 571 the local building official is to adopt an alternative to the 572 codes, the local administrative board shall give due regard to 573 the decision rendered by the local officials and may modify that 574 decision if the administrative board adopts a better 575 alternative, taking into consideration all relevant 576 circumstances. In any case in which the local administrative 577 board adopts alternatives to the decision rendered by the local 578 fire official and the local building official, such alternatives 579 shall provide an equivalent degree of lifesafety and an 580 equivalent method of construction as the decision rendered by 581 the local officials. 582 (c) If the local building official and the local fire 583 official are unable to agree on a resolution of the conflict 584 between the Florida Building Code and the Florida Fire 585 Prevention Code and the Life Safety Code, the local 586 administrative board shall resolve the conflict in favor of the 587 code which offers the greatest degree of lifesafety or 588 alternatives which would provide an equivalent degree of 589 lifesafety and an equivalent method of construction. 590 (d) All decisions of the local administrative board, or if 591 none exists, the decisions of the local building official and 592 the local fire official in regard to the application, 593 enforcement, or interpretation of the Florida Fire Prevention 594 Code, or conflicts between the Florida Fire Prevention Code and 595 the Florida Building Code, are subject to review by a joint 596 committee composed of members of the Florida Building Commission 597 and the Fire Code Advisory Council. If the joint committee is 598 unable to resolve conflicts between the codes as applied to a 599 specific project, the matter shall be resolved pursuant to the 600 provisions of paragraph (1)(d). Decisions of the local 601 administrative board solely in regard to the provisions of the 602 Florida Building Code are subject to review as set forth in s. 603 553.775. 604 (e) The local administrative board shall, to the greatest 605 extent possible, be composed of members with expertise in 606 building construction and firesafety standards. 607 (f) All decisions of the local building official and local 608 fire official and all decisions of the administrative board 609 shall be in writing and shall be binding upon a person but do 610 not limit the authority of the State Fire Marshal or the Florida 611 Building Commission pursuant to paragraph (1)(d) and ss. 633.104 612 and 633.228. Decisions of general application shall be indexed 613 by building and fire code sections and shall be available for 614 inspection during normal business hours. 615 (19) In other than one- and two-family detached single 616 family dwellings, a local enforcing agency that requires a 617 permit to install or replace a hot water heater shall require 618 that a hard-wired or battery-operated water-level detection 619 device be secured to the drain pan area at a level lower than 620 the drain connection upon installation or replacement of the hot 621 water heater. The device must include an audible alarm and, if 622 battery-operated, must have a 10-year low-battery notification 623 capability. 624 (20) The Florida Building Code may not require more than 625 one fire access elevator in buildings that are Occupancy Group 626 R-2. 627 Section 13. Subsections (6) and (11) of section 553.79, 628 Florida Statutes, are amended to read: 629 553.79 Permits; applications; issuance; inspections.— 630 (6) A permit may not be issued for any building 631 construction, erection, alteration, modification, repair, or 632 addition unless the applicant for such permit complies with the 633 requirements for plan review established by the Florida Building 634 Commission within the Florida Building Code. However, the code 635 shall set standards and criteria to authorize preliminary 636 construction before completion of all building plans review, 637 including, but not limited to, special permits for the 638 foundation only, and such standards shall take effect concurrent 639 with the first effective date of the Florida Building Code. 640 After submittal of the appropriate construction documents, the 641 building official is authorized to issue a permit for the 642 construction of foundations or any other part of a building or 643 structure before the construction documents for the whole 644 building or structure have been submitted. No other agency 645 review or approval may be required before the issuance of a 646 phased permit due to the fact that the project will need all the 647 necessary outside agencies’ reviews and approvals before the 648 issuance of a master building permit. The holder of such permit 649 for the foundation or other parts of a building or structure 650 shall proceed at the holder’s own risk with the building 651 operation and without assurance that a permit for the entire 652 structure will be granted. Corrections may be required to meet 653 the requirements of the technical codes. 654 (11)(a) The local enforcing agency may not issue a building 655 permit to construct, develop, or modify a public swimming pool 656 without proof of application, whether complete or incomplete, 657 for an operating permit pursuant to s. 514.031. A certificate of 658 completion or occupancy may not be issued until such operating 659 permit is issued. The local enforcing agency shall conduct its 660 review of the building permit application upon filing and in 661 accordance with this chapter. The local enforcing agency may 662 confer with the Department of Health, if necessary, but may not 663 delay the building permit application review while awaiting 664 comment from the Department of Health. 665 (b) If the department determines under s. 514.031(2) that a 666 public pool or a public bathing place is not being operated or 667 maintained in compliance with department’s rules, the original 668 approved plans and specifications or variances, and the Florida 669 Building Code, the local enforcing agency shall permit and 670 inspect the repairs or modifications required as a result of the 671 department’s inspections and may take enforcement action to 672 ensure compliance. 673 Section 14. Subsections (4) and (7) of section 553.841, 674 Florida Statutes, are amended, to read: 675 553.841 Building code compliance and mitigation program.— 676 (4) In administering the Florida Building Code Compliance 677 and Mitigation Program, the department mayshallmaintain, 678 update, develop, or cause to be developed code-related training 679 and educationadvanced modules designedfor use by each 680 profession. 681(7) The Florida Building Commission shall provide by rule682for the accreditation of courses related to the Florida Building683Code by accreditors approved by the commission. The commission684shall establish qualifications of accreditors and criteria for685the accreditation of courses by rule. The commission may revoke686the accreditation of a course by an accreditor if the687accreditation is demonstrated to violate this part or the rules688of the commission.689 Section 15. Paragraph (a) of subsection (8) of section 690 553.842, Florida Statutes, is amended to read: 691 553.842 Product evaluation and approval.— 692 (8) The commission may adopt rules to approve the following 693 types of entities that produce information on which product 694 approvals are based. All of the following entities, including 695 engineers and architects, must comply with a nationally 696 recognized standard demonstrating independence or no conflict of 697 interest: 698 (a) Evaluation entities approved pursuant to this 699 paragraph. The commission shall specifically approve the 700 National Evaluation Service, the International Association of 701 Plumbing and Mechanical Officials Evaluation Service, the 702 International Code Council Evaluation Services, Underwriters 703 Laboratories, LLC, and the Miami-Dade County Building Code 704 Compliance Office Product Control Division. Architects and 705 engineers licensed in this state are also approved to conduct 706 product evaluations as provided in subsection (5). 707 Section 16. Section 553.908, Florida Statutes, is amended 708 to read: 709 553.908 Inspection.—Before construction or renovation is 710 completed, the local enforcement agency shall inspect buildings 711 for compliance with the standards of this part. The local 712 enforcement agency shall accept duct and air infiltration tests 713 conducted in accordance with the Florida Building Code-Energy 714 Conservation by individuals certified in accordance with s. 715 553.993(5) or (7) or individuals licensed under s. 716 489.105(3)(f), (g), or (i). The local enforcement agency may 717 accept inspections in whole or in part by individuals certified 718 in accordance with s. 553.993(5) or (7) or by individuals 719 certified as energy inspectors by the International Code 720 Council, provided that the inspection complies with the Florida 721 Building Code-Energy Conservation. 722 Section 17. Present subsections (2) through (35) of section 723 633.102, Florida Statutes, are redesignated as subsections (3) 724 through (36), a new subsection (2) is added to that section and 725 present subsection (34) is amended, to read: 726 633.102 Definitions.—As used in this chapter, the term: 727 (2) “Change of occupancy” means a change in the purpose of 728 level of activity within a building which involves a change in 729 application of the requirements of the Florida Fire Prevention 730 Code. 731(34) “Use” means application, employment; that enjoyment of732property which consists of its employment, occupation, exercise,733or practice.734 Section 18. Subsection (6) of section 633.104, Florida 735 Statutes, is amended to read: 736 633.104 State Fire Marshal; authority; duties; rules.— 737 (6) Only the State Fire Marshal may issue, and, when 738 requested in writing by any substantially affected person or a 739 local enforcing agency, the State Fire Marshal shall issue 740 declaratory statements pursuant to s. 120.565 relating to the 741 Florida Fire Prevention Code. For the purposes of this section, 742 the term “substantially affected person” means a person who, 743 will be, or may be affected by the application of the Florida 744 Fire Prevention Code to a property or building that the person 745 owns, controls, or is, or is considering purchasing, selling, 746 designing, constructing, or altering. A petition for declaratory 747 statement is not intended to be an appeal of a decision of a 748 local fire official or an appeal of a local board reviewing a 749 decision of a local fire official. 750 Section 19. Subsections (17), (18), and (19) are added to 751 section 633.202, Florida Statutes, to read: 752 633.202 Florida Fire Prevention Code.— 753 (17) In all new high-rise and existing high-rise buildings, 754 minimum radio signal strength for fire department communications 755 shall be maintained at a level determined by the authority 756 having jurisdiction. Existing buildings may not be required to 757 comply with minimum radio strength for fire department 758 communications and two-way radio system enhancement 759 communications as required by the Florida Fire Prevention Code 760 until January 1, 2022. Existing apartment buildings may not be 761 required to comply until January 1, 2025. 762 (18) Areas of refuge shall be provided when required by the 763 Florida Building Code-Accessibility. Required portions of an 764 area of refuge shall be accessible from the space they serve by 765 an accessible means of egress. 766 (19) Dead-end corridors within an apartment may not exceed 767 50-feet in buildings protected throughout by an approved 768 automatic supervised sprinkler system. 769 Section 20. Subsection (10) is added to section 633.216, 770 Florida Statutes, to read: 771 633.216 Inspection of buildings and equipment; orders; 772 firesafety inspection training requirements; certification; 773 disciplinary action.—The State Fire Marshal and her or his 774 agents or persons authorized to enforce laws and rules of the 775 State Fire Marshal shall, at any reasonable hour, when the State 776 Fire Marshal has reasonable cause to believe that a violation of 777 this chapter or s. 509.215, or a rule adopted thereunder, or a 778 minimum firesafety code adopted by the State Fire Marshal or a 779 local authority, may exist, inspect any and all buildings and 780 structures which are subject to the requirements of this chapter 781 or s. 509.215 and rules adopted thereunder. The authority to 782 inspect shall extend to all equipment, vehicles, and chemicals 783 which are located on or within the premises of any such building 784 or structure. 785 (10) In addition to any other requirements that may be 786 imposed by this state, fire prevention plan reviewers shall, 787 after 12 months from the effective date of this statute, be 788 certified, at a minimum, as a Fire Inspector I by the State Fire 789 Marshal. The State Fire Marshal may, by rule, determine 790 alternative educational and experience requirements, or 791 certifications, as equivalent. 792 Section 21. This act shall take effect July 1, 2015. 793 794 ================= T I T L E A M E N D M E N T ================ 795 And the title is amended as follows: 796 Delete everything before the enacting clause 797 and insert: 798 A bill to be entitled 799 An act relating to building codes; amending s. 800 468.609, F.S.; revising the certification examination 801 requirements for building code inspectors, plans 802 examiners, and building code administrators; requiring 803 the Florida Building Code Administrators and 804 Inspectors Board to provide for issuance of certain 805 provisional certificates; amending s. 489.105, F.S.; 806 revising the term “plumbing contractor”; amending s. 807 489.1401, F.S.; revising legislative intent with 808 respect to the purpose of the Florida Homeowners’ 809 Construction Recovery Fund; providing legislative 810 intent that Division II contractors set apart funds to 811 participate in the fund; amending s. 489.1402, F.S.; 812 revising terms; amending s. 489.141, F.S.; prohibiting 813 certain claimants from making a claim against the 814 recovery fund for certain contracts entered into 815 before a specified date; amending s. 489.1425, F.S.; 816 revising a notification provided by contractors to 817 certain residential property owners to state that 818 payment from the recovery fund is limited; amending s. 819 489.143, F.S.; revising provisions concerning payments 820 from the recovery fund; specifying claim amounts for 821 certain contracts entered into before or after 822 specified dates; providing aggregate caps for 823 payments; amending s. 489.503, F.S.; exempting certain 824 low-voltage landscape lighting from licensed 825 electrical contractor installation requirements; 826 amending s. 514.031, F.S.; requiring the Department of 827 Health to conduct inspections of certain public pools 828 with operating permits to ensure continued compliance 829 with specified criteria; authorizing the department to 830 adopt rules; specifying the department’s jurisdiction 831 for purposes of inspecting certain public pools; 832 specifying duties of local enforcement agencies 833 regarding modifications and repairs made to certain 834 public pools as a result of the department’s 835 inspections; requiring the department to ensure that 836 certain rules enforced by local enforcement agencies 837 comply with the Florida Building Code; amending s. 838 514.05, F.S.; specifying that the department may deny, 839 suspend, or revoke operating permits for certain pools 840 and bathing places if certain plans, variances, or 841 requirements of the Florida Building Code are 842 violated; specifying that the department may assess an 843 administrative fine for violations by certain public 844 pools and bathing places if certain plans, variances, 845 or requirements of the Florida Building Code are 846 violated; amending s. 553.721, F.S.; directing the 847 Florida Building Code Compliance and Mitigation 848 Program to fund, from existing resources, the 849 recommendations made by the Building Code System 850 Uniform Implementation Evaluation Workgroup; providing 851 a limitation; requiring that a specified amount of 852 funds from the surcharge be used to fund certain 853 Florida Fire Code informal interpretations; amending 854 s. 553.73, F.S.; authorizing local boards created to 855 address specified issues to combine the appeals boards 856 to create a single, local board; authorizing the 857 appeal to a local administrative board of specified 858 decisions made by a local fire official; specifying 859 the decisions of the local building official and the 860 local fire official which are subject to review; 861 requiring the permitted installation or replacement of 862 a water heater in a conditioned or attic space to 863 include a water leak detection device; prohibiting the 864 Florida Building Code from requiring more than one 865 fire access elevator in certain buildings; amending s. 866 553.79, F.S.; authorizing a building official to issue 867 a permit for the construction of the foundation or any 868 other part of a building or structure before the 869 construction documents for the whole building or 870 structure have been submitted; providing that the 871 holder of such permit shall begin building at the 872 holder’s own risk with the building operation and 873 without assurance that a permit for the entire 874 structure will be granted; requiring local enforcing 875 agencies to permit and inspect modifications and 876 repairs made to certain public pools and public 877 bathing places as a result of the department’s 878 inspections; amending s. 553.841, F.S.; authorizing 879 the department to maintain, update, develop or cause 880 to be developed code-related training and education; 881 removing provisions related to the development of 882 advanced courses with respect to the Florida Building 883 Code Compliance and Mitigation Program and the 884 accreditation of courses related to the Florida 885 Building Code; amending s. 553.842, F.S.; providing 886 that Underwriters Laboratories, LLC, is an approved 887 evaluation entity; amending s. 553.908, F.S.; 888 requiring local enforcement agencies to accept duct 889 and air infiltration tests conducted in accordance 890 with certain guidelines by specified individuals; 891 amending s. 633.102, F.S.; revising terms; amending s. 892 633.104, F.S.; defining a term; clarifying intent; 893 amending s. 633.202, F.S.; requiring all new high-rise 894 and existing high-rise buildings to maintain a minimum 895 radio signal strength for fire department 896 communications; providing a transitory period for 897 compliance; requiring areas of refuge to be required 898 as determined by the Florida Building Code 899 Accessibility; prohibiting dead-end corridors within 900 an apartment from exceeding a specified footage in 901 specified buildings; amending s. 633.216, F.S.; 902 requiring fire prevention plan reviewers to be 903 certified by a specified date; authorizing the State 904 Fire Marshal to determine alternative educational and 905 experience requirements or certifications; providing 906 an effective date.