HB 663

1	A bill to be entitled
2	An act relating to building safety; amending s. 399.02,
3	F.S.; exempting certain elevators from provisions
4	requiring modifications to heat sensors and electronic
5	controls; amending s. 399.15, F.S.; providing an
6	alternative method to allow access to regional emergency
7	elevators; providing for a uniform lock box; providing for
8	a master key; providing the Division of State Fire Marshal
9	with enforcement authority; directing the Department of
10	Financial Services to select the provider of the uniform
11	lock box; amending s. 468.8311, F.S.; revising the term
12	"home inspection services" to include the visual
13	examination of additional components; amending s.
14	468.8312, F.S.; providing for fee increases for home
15	inspection licenses; amending s. 468.8319, F.S.; revising
16	certain prohibitions with respect to providers of home
17	inspection services; amending s. 468.832, F.S.;
18	authorizing the Department of Business and Professional
19	Regulation to impose penalties against a licensee found
20	guilty of certain violations; amending s. 468.8324, F.S.;
21	providing additional requirements for licensure as a home
22	inspector; amending s. 553.37, F.S.; authorizing
23	manufacturers to pay inspection fees directly to the
24	provider of inspection services; providing requirements
25	for department rules regarding the schedule of fees;
26	authorizing the department to enter into contracts for the
27	performance of certain administrative duties; revising
28	inspection requirements for certain custom manufactured
29	buildings; amending s. 553.375, F.S.; revising the
30	requirement for recertification of manufactured buildings
31	prior to relocation; amending s. 553.509, F.S.; deleting
32	certain requirements for alternate power sources for
33	elevators for purposes of operating during an emergency;
34	amending s. 553.73, F.S.; authorizing the Florida Building
35	Commission to approve amendments relating to equivalency
36	of standards; authorizing the commission to approve
37	amendments necessary to accommodate state agency rules to
38	meet federal requirements for design criteria relating to
39	public educational facilities and state-licensed
40	facilities; exempting certain mausoleums from the
41	requirements of the Florida Building Code; exempting
42	certain temporary housing provided by the Department of
43	Corrections from the requirements of the Florida Building
44	Code; restricting the code or a code enforcement agency
45	from imposing requirements on certain air conditioning
46	systems; requiring that the Florida Building Code contain
47	certain requirements regarding illumination in classroom
48	units; requiring that classroom units be designed to
49	provide and maintain an average of 40 foot-candles of
50	light at each desktop; requiring that public educational
51	facilities consider using light-emitting diode lighting
52	before considering other lighting sources; amending s.
53	553.76, F.S.; authorizing the Florida Building Commission
54	to adopt rules related to consensus-building
55	decisionmaking; amending s. 553.775, F.S.; authorizing the
56	commission to charge a fee for nonbinding interpretations;
57	amending s. 553.79, F.S.; requiring that state agencies
58	enter into contracts for inspection services under the
59	alternative plans review and inspection process or with a
60	local governmental entity; reenacting s. 553.80(1), F.S.,
61	relating to the enforcement of the Florida Building Code,
62	to incorporate the amendments made to s. 553.79, F.S., in
63	a reference thereto; amending s. 553.841, F.S.; deleting
64	provisions requiring that the Department of Community
65	Affairs maintain, update, develop, or cause to be
66	developed a core curriculum for persons who enforce the
67	Florida Building Code; amending s. 553.842, F.S.;
68	authorizing rules requiring the payment of product
69	evaluation fees directly to the administrator of the
70	product evaluation and approval system; requiring that the
71	provider remit a portion of the fees to the department to
72	cover its costs; providing requirements for the approval
73	of applications for state approval of a product; providing
74	for certain approved products to be immediately added to
75	the list of state-approved products; requiring that the
76	commission's oversight committee review approved products;
77	revising the list of approved evaluation entities;
78	deleting obsolete provisions governing evaluation
79	entities; amending s. 553.844, F.S.; providing an
80	exemption from the requirements regarding roof and opening
81	protections for certain exposed mechanical equipment or
82	appliances; providing for future expiration; amending s.
83	553.885, F.S.; revising requirements for carbon monoxide
84	alarms; providing an exception for buildings undergoing
85	alterations or repairs; defining the term "addition" as it
86	relates to the requirement of a carbon monoxide alarm;
87	amending s. 553.9061, F.S.; revising the energy efficiency
88	performance options and elements identified by the
89	commission for purposes of meeting certain goals; amending
90	s. 553.909, F.S.; revising requirements for pool pump
91	motors to conform to federal law; amending s. 627.711,
92	F.S.; conforming provisions to changes made by the act in
93	which core curriculum courses relating to the Florida
94	Building Code are deleted; amending s. 633.0215, F.S.;
95	providing guidelines for the State Fire Marshal to apply
96	when issuing an expedited declaratory statement; requiring
97	that the State Fire Marshal issue an expedited declaratory
98	statement under certain circumstances; providing
99	requirements for a petition requesting an expedited
100	declaratory statement; amending s. 633.026, F.S.;
101	providing legislative intent; providing for the
102	establishment of the Fire Code Interpretation Committee;
103	providing for the membership of the committee and
104	requirements for membership; requiring that nonbinding
105	interpretations of the Florida Fire Prevention Code be
106	issued within a specified period after a request is
107	received; providing for the waiver of such requirement
108	under certain conditions; requiring that the Division of
109	State Fire Marshal charge a fee for nonbinding
110	interpretations; providing that fees may be paid directly
111	to a contract provider; providing requirements for
112	requesting a nonbinding interpretation; requiring that the
113	Division of State Fire Marshal develop a form for
114	submitting a petition for a nonbinding interpretation;
115	providing for a formal interpretation by the State Fire
116	Marshal; requiring that an interpretation of the Florida
117	Fire Prevention Code be published on the division's
118	website and in the Florida Administrative Weekly; amending
119	s. 633.081, F.S.; requiring that the State Fire Marshal
120	inspect a building when the State Fire Marshal, rather
121	than the Department of Financial Services, has cause to
122	believe a violation has occurred; requiring that the
123	Division of State Fire Marshal and the Florida Building
124	Code Administrators and Inspectors Board enter into a
125	reciprocity agreement for purposes of recertifying
126	building code inspectors, plan inspectors, building code
127	administrators, and firesafety inspectors; requiring that
128	the State Fire Marshal develop by rule an advanced
129	training and certification program for firesafety
130	inspectors who have fire code management responsibilities;
131	requiring that the program be consistent with certain
132	standards and establish minimum training, education, and
133	experience levels for such firesafety inspectors; amending
134	s. 633.352, F.S.; providing an exception to requirements
135	for recertification as a firefighter; amending s. 633.521,
136	F.S.; revising requirements for certification as a fire
137	protection system contractor; revising the prerequisites
138	for taking the certification examination; authorizing the
139	State Fire Marshal to accept more than one source of
140	professional certification; revising legislative intent;
141	amending s. 633.524, F.S.; authorizing the State Fire
142	Marshal to enter into contracts for examination services;
143	providing for the direct payment of examination fees to
144	contract providers; amending s. 633.537, F.S.; revising
145	the continuing education requirements for certain
146	permitholders; amending 633.72, F.S.; revising the terms
147	of service for members of the Fire Code Advisory Council;
148	repealing s. 718.113(6), F.S., relating to requirements
149	for 5-year inspections of certain condominium
150	improvements; directing the Florida Building Commission to
151	conform provisions of the Florida Building Code with
152	revisions made by the act relating to the operation of
153	elevators; providing effective dates.
154
155	Be It Enacted by the Legislature of the State of Florida:
156
157	Section 1. Subsection (6) of section 399.02, Florida
158	Statutes, is amended to read:
159	399.02 General requirements.-
160	(6) The department is empowered to carry out all of the
161	provisions of this chapter relating to the inspection and
162	regulation of elevators and to enforce the provisions of the
163	Florida Building Code, except that updates to the code requiring
164	modifications for heat sensors and electronic controls on
165	existing elevators, as amended into the Safety Code for Existing
166	Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
167	enforced on elevators issued a certificate of operation by the
168	department before July 1, 2009, until the elevator is replaced.
169	This exception does not apply to any building for which a
170	building permit was issued on or after July 1, 2009.
171	Section 2. Present subsection (7) of section 399.15,
172	Florida Statutes, is redesignated as subsection (8), and a new
173	subsection (7) is added to that section, to read:
174	399.15 Regional emergency elevator access.-
175	(7) As an alternative to complying with the requirements
176	of subsection (1), each building in this state which is required
177	to meet the provisions of subsections (1) and (2) may instead
178	provide for the installation of a uniform lock box that contains
179	the keys to all elevators in the building allowing public
180	access, including service and freight elevators. The uniform
181	lock box must be keyed to allow all uniform lock boxes in each
182	of the seven state emergency response regions to operate in fire
183	emergency situations using one master key. The master key for
184	the uniform lock shall be issued only to the fire department.
185	The Division of State Fire Marshal of the Department of
186	Financial Services shall enforce this subsection. The Department
187	of Financial Services shall select the provider of the uniform
188	lock box to be installed in each building in which the
189	requirements of this subsection are implemented.
190	Section 3. Effective July 1, 2011, subsection (4) of
191	section 468.8311, Florida Statutes, is amended to read:
192	468.8311 Definitions.-As used in this part, the term:
193	(4) "Home inspection services" means a limited visual
194	examination of one or more of the following readily accessible
195	installed systems and components of a home: the structure,
196	electrical system, HVAC system, roof covering, plumbing system,
197	interior components, windows, doors, walls, floors, ceilings,
198	exterior components, and site conditions that affect the
199	structure, for the purposes of providing a written professional
200	opinion of the condition of the home.
201	Section 4. Effective July 1, 2011, section 468.8312,
202	Florida Statutes, is amended to read:
203	468.8312 Fees.-
204	(1) The department, by rule, may establish fees to be paid
205	for applications, examination, reexamination, licensing and
206	renewal, inactive status application and reactivation of
207	inactive licenses, recordkeeping, and applications for providers
208	of continuing education. The department may also establish by
209	rule a delinquency fee. Fees shall be based on department
210	estimates of the revenue required to implement the provisions of
211	this part. All fees shall be remitted with the appropriate
212	application, examination, or license.
213	(2) The initial application and examination fee shall not
214	exceed $250 $125 plus the actual per applicant cost to the
215	department to purchase an examination, if the department chooses
216	to purchase the examination. The examination fee shall be in an
217	amount that covers the cost of obtaining and administering the
218	examination and shall be refunded if the applicant is found
219	ineligible to sit for the examination. The application fee shall
220	be nonrefundable.
221	(3) The initial license fee shall not exceed $400 $200.
222	(4) The fee for a certificate of authorization shall not
223	exceed $250 $125.
224	(5) The biennial renewal fee shall not exceed $400 $200.
225	(6) The fee for licensure by endorsement shall not exceed
226	$400 $200.
227	(7) The fee for application for inactive status or for
228	reactivation of an inactive license shall not exceed $400 $200.
229	(8) The fee for applications from providers of continuing
230	education may not exceed $500.
231	Section 5. Effective July 1, 2011, section 468.8319,
232	Florida Statutes, is amended to read:
233	468.8319 Prohibitions; penalties.-
234	(1) A person A home inspector, a company that employs a
235	home inspector, or a company that is controlled by a company
236	that also has a financial interest in a company employing a home
237	inspector may not:
238	(a) Practice or offer to practice home inspection services
239	unless the person has complied with the provisions of this part;
240	(b) Use the name or title "certified home inspector,"
241	"registered home inspector," "licensed home inspector," "home
242	inspector," "professional home inspector," or any combination
243	thereof unless the person has complied with the provisions of
244	this part;
245	(c) Present as his or her own the license of another;
246	(d) Knowingly give false or forged evidence to the
247	department or an employee thereof;
248	(e) Use or attempt to use a license that has been
249	suspended or revoked;
250	(f) Perform or offer to perform, prior to closing, for any
251	additional fee, any repairs to a home on which the inspector or
252	the inspector's company has prepared a home inspection report.
253	This paragraph does not apply to a home warranty company that is
254	affiliated with or retains a home inspector to perform repairs
255	pursuant to a claim made under a home warranty contract;
256	(g) Inspect for a fee any property in which the inspector
257	or the inspector's company has any financial or transfer
258	interest;
259	(h) Offer or deliver any compensation, inducement, or
260	reward to any broker or agent therefor for the referral of the
261	owner of the inspected property to the inspector or the
262	inspection company; or
263	(i) Accept an engagement to make an omission or prepare a
264	report in which the inspection itself, or the fee payable for
265	the inspection, is contingent upon either the conclusions in the
266	report, preestablished findings, or the close of escrow.
267	(2) Any person who is found to be in violation of any
268	provision of this section commits a misdemeanor of the first
269	degree, punishable as provided in s. 775.082 or s. 775.083.
270	Section 6. Effective July 1, 2011, section 468.832,
271	Florida Statutes, is amended to read:
272	468.832 Disciplinary proceedings.-
273	(1) The following acts constitute grounds for which the
274	disciplinary actions in subsection (2) may be taken:
275	(a) Violation of any provision of this part or s.
276	455.227(1);
277	(b) Attempting to procure a license to practice home
278	inspection services by bribery or fraudulent misrepresentation;
279	(c) Having a license to practice home inspection services
280	revoked, suspended, or otherwise acted against, including the
281	denial of licensure, by the licensing authority of another
282	state, territory, or country;
283	(d) Being convicted or found guilty of, or entering a plea
284	of nolo contendere to, regardless of adjudication, a crime in
285	any jurisdiction that directly relates to the practice of home
286	inspection services or the ability to practice home inspection
287	services;
288	(e) Making or filing a report or record that the licensee
289	knows to be false, willfully failing to file a report or record
290	required by state or federal law, willfully impeding or
291	obstructing such filing, or inducing another person to impede or
292	obstruct such filing. Such reports or records shall include only
293	those that are signed in the capacity of a licensed home
294	inspector;
295	(f) Advertising goods or services in a manner that is
296	fraudulent, false, deceptive, or misleading in form or content;
297	(g) Engaging in fraud or deceit, or negligence,
298	incompetency, or misconduct, in the practice of home inspection
299	services;
300	(h) Failing to perform any statutory or legal obligation
301	placed upon a licensed home inspector; violating any provision
302	of this chapter, a rule of the department, or a lawful order of
303	the department previously entered in a disciplinary hearing; or
304	failing to comply with a lawfully issued subpoena of the
305	department; or
306	(i) Practicing on a revoked, suspended, inactive, or
307	delinquent license.
308	(2) When the department finds any licensee home inspector
309	guilty of any of the grounds set forth in
310	enter an order imposing one or more of
311	(a) Denial of an application for licensure.
312	(b) Revocation or suspension of a license.
313	(c) Imposition of an administrative fine not to exceed
314	$5,000 for each count or separate offense.
315	(d) Issuance of a reprimand.
316	(e) Placement of the home inspector on probation for a
317	period of time and subject to such conditions as the department
318	may specify.
319	(f) Restriction of the authorized scope of practice by the
320	home inspector.
321	(3) In addition to any other sanction imposed under this
322	part, in any final order that imposes sanctions, the department
323	may assess costs related to the investigation and prosecution of
324	the case.
325	Section 7. Section 468.8324, Florida Statutes, is amended
326	to read:
327	468.8324 Grandfather clause.-A person who performs home
328	inspection services as defined in this part before July 1, 2011,
329	may qualify to be licensed by the department as a home inspector
330	if the person meets the licensure requirements of this part, and
331	if the person has: by July 1, 2010.
332	(1) Received compensation as a home inspector for not less
333	than 1 year prior to July 1, 2011; or
334	(2) Performed no fewer than 50 home inspections and
335	received compensation for such inspections prior to July 1,
336	2011.
337	Section 8. Subsections (2), (8), and (9) of section
338	553.37, Florida Statutes, are amended, and subsection (12) is
339	added to that section, to read:
340	553.37 Rules; inspections; and insignia.-
341	(2) The department shall adopt rules to address:
342	(a) Procedures and qualifications for approval of third-
343	party plan review and inspection agencies and of those who
344	perform inspections and plan reviews.
345	(b) Investigation of consumer complaints of noncompliance
346	of manufactured buildings with the Florida Building Code and the
347	Florida Fire Prevention Code.
348	(c) Issuance, cancellation, and revocation of any insignia
349	issued by the department and procedures for auditing and
350	accounting for disposition of them.
351	(d) Monitoring the manufacturers', inspection agencies',
352	and plan review agencies' compliance with this part and the
353	Florida Building Code. Monitoring may include, but is not
354	limited to, performing audits of plans, inspections of
355	manufacturing facilities and observation of the manufacturing
356	and inspection process, and onsite inspections of buildings.
357	(e) The performance by the department and its designees
358	and contractors of any other functions required by this part.
359	All fees paid by product manufacturers shall be used for the
360	sole purpose of funding the state product approval system.
361	(8) The department, by rule, shall establish a schedule of
362	fees to pay the cost of the administration and enforcement of
363	this part. The rule may provide for manufacturers to pay fees,
364	including charges incurred for plan review and inspection
365	services, to the administrator directly via the Building Code
366	Information System and for the administrator to disburse the
367	funds as necessary.
368	(9) The department may delegate its enforcement authority
369	to a state department having building construction
370	responsibilities or a local government, and may enter into
371	contracts for the performance of its administrative duties under
372	this part. The department may delegate its plan review and
373	inspection authority to one or more of the following in any
374	combination:
375	(a) A state department having building construction
376	responsibilities;
377	(b) A local government;
378	(c) An approved inspection agency;
379	(d) An approved plan review agency; or
380	(e) An agency of another state.
381	(12) Custom or one-of-a-kind prototype manufactured
382	buildings are not required to have state approval, but must be
383	in compliance with all local requirements of the governmental
384	agency having jurisdiction at the installation site.
385	Section 9. Section 553.375, Florida Statutes, is amended
386	to read:
387	553.375 Recertification of manufactured buildings.-Prior
388	to the relocation to a site that has a higher design wind speed,
389	modification, or change of occupancy of a manufactured building
390	within the state, the manufacturer, dealer, or owner thereof may
391	apply to the department for recertification of that manufactured
392	building. The department shall, by rule, provide what
393	information the applicant must submit for recertification and
394	for plan review and inspection of such manufactured buildings
395	and shall establish fees for recertification. Upon a
396	determination by the department that the manufactured building
397	complies with the applicable building codes, the department
398	shall issue a recertification insignia. A manufactured building
399	that bears recertification insignia does not require any
400	additional approval by an enforcement jurisdiction in which the
401	building is sold or installed, and is considered to comply with
402	all applicable codes. As an alternative to recertification by
403	the department, the manufacturer, dealer, or owner of a
404	manufactured building may seek appropriate permitting and a
405	certificate of occupancy from the local jurisdiction in
406	accordance with procedures generally applicable under the
407	Florida Building Code.
408	Section 10. Section 553.509, Florida Statutes, is amended
409	to read:
410	553.509 Vertical accessibility.-
411	(1) Nothing in ss. 553.501-553.513 or the guidelines shall
412	be construed to relieve the owner of any building, structure, or
413	facility governed by those sections from the duty to provide
414	vertical accessibility to all levels above and below the
415	occupiable grade level, regardless of whether the guidelines
416	require an elevator to be installed in such building, structure,
417	or facility, except for:
418	(a) Elevator pits, elevator penthouses, mechanical rooms,
419	piping or equipment catwalks, and automobile lubrication and
420	maintenance pits and platforms;
421	(b) Unoccupiable spaces, such as rooms, enclosed spaces,
422	and storage spaces that are not designed for human occupancy,
423	for public accommodations, or for work areas; and
424	(c) Occupiable spaces and rooms that are not open to the
425	public and that house no more than five persons, including, but
426	not limited to, equipment control rooms and projection booths.
427	(2) Notwithstanding subsection (1) (a) Any person, firm,
428	or corporation that owns, manages, or operates a residential
429	multifamily dwelling, including a condominium, that is at least
430	75 feet high and contains a public elevator, as described in s.
431	399.035(2) and (3) and rules adopted by the Florida Building
432	Commission, shall have at least one public elevator that is
433	capable of operating on an alternate power source for emergency
434	purposes. Alternate power shall be available for the purpose of
435	allowing all residents access for a specified number of hours
436	each day over a 5-day period following a natural disaster,
437	manmade disaster, emergency, or other civil disturbance that
438	disrupts the normal supply of electricity. The alternate power
439	source that controls elevator operations must also be capable of
440	powering any connected fire alarm system in the building.
441	(b) At a minimum, the elevator must be appropriately
442	prewired and prepared to accept an alternate power source and
443	must have a connection on the line side of the main disconnect,
444	pursuant to National Electric Code Handbook, Article 700. In
445	addition to the required power source for the elevator and
446	connected fire alarm system in the building, the alternate power
447	supply must be sufficient to provide emergency lighting to the
448	interior lobbies, hallways, and other portions of the building
449	used by the public. Residential multifamily dwellings must have
450	an available generator and fuel source on the property or have
451	proof of a current contract posted in the elevator machine room
452	or other place conspicuous to the elevator inspector affirming a
453	current guaranteed service contract for such equipment and fuel
454	source to operate the elevator on an on-call basis within 24
455	hours after a request. By December 31, 2006, any person, firm or
456	corporation that owns, manages, or operates a residential
457	multifamily dwelling as defined in paragraph (a) must provide to
458	the local building inspection agency verification of engineering
459	plans for residential multifamily dwellings that provide for the
460	capability to generate power by alternate means. Compliance with
461	installation requirements and operational capability
462	requirements must be verified by local building inspectors and
463	reported to the county emergency management agency by December
464	31, 2007.
465	(c) Each newly constructed residential multifamily
466	dwelling, including a condominium, that is at least 75 feet high
467	and contains a public elevator, as described in s. 399.035(2)
468	and (3) and rules adopted by the Florida Building Commission,
469	must have at least one public elevator that is capable of
470	operating on an alternate power source for the purpose of
471	allowing all residents access for a specified number of hours
472	each day over a 5-day period following a natural disaster,
473	manmade disaster, emergency, or other civil disturbance that
474	disrupts the normal supply of electricity. The alternate power
475	source that controls elevator operations must be capable of
476	powering any connected fire alarm system in the building. In
477	addition to the required power source for the elevator and
478	connected fire alarm system, the alternate power supply must be
479	sufficient to provide emergency lighting to the interior
480	lobbies, hallways, and other portions of the building used by
481	the public. Engineering plans and verification of operational
482	capability must be provided by the local building inspector to
483	the county emergency management agency before occupancy of the
484	newly constructed building.
485	(d) Each person, firm, or corporation that is required to
486	maintain an alternate power source under this subsection shall
487	maintain a written emergency operations plan that details the
488	sequence of operations before, during, and after a natural or
489	manmade disaster or other emergency situation. The plan must
490	include, at a minimum, a lifesafety plan for evacuation,
491	maintenance of the electrical and lighting supply, and
492	provisions for the health, safety, and welfare of the residents.
493	In addition, the owner, manager, or operator of the residential
494	multifamily dwelling must keep written records of any contracts
495	for alternative power generation equipment. Also, quarterly
496	inspection records of lifesafety equipment and alternate power
497	generation equipment must be posted in the elevator machine room
498	or other place conspicuous to the elevator inspector, which
499	confirm that such equipment is properly maintained and in good
500	working condition, and copies of contracts for alternate power
501	generation equipment shall be maintained on site for
502	verification. The written emergency operations plan and
503	inspection records shall also be open for periodic inspection by
504	local and state government agencies as deemed necessary. The
505	owner or operator must keep a generator key in a lockbox posted
506	at or near any installed generator unit.
507	(e) Multistory affordable residential dwellings for
508	persons age 62 and older that are financed or insured by the
509	United States Department of Housing and Urban Development must
510	make every effort to obtain grant funding from the Federal
511	Government or the Florida Housing Finance Corporation to comply
512	with this subsection. If an owner of such a residential dwelling
513	cannot comply with the requirements of this subsection, the
514	owner must develop a plan with the local emergency management
515	agency to ensure that residents are evacuated to a place of
516	safety in the event of a power outage resulting from a natural
517	or manmade disaster or other emergency situation that disrupts
518	the normal supply of electricity for an extended period of time.
519	A place of safety may include, but is not limited to, relocation
520	to an alternative site within the building or evacuation to a
521	local shelter.
522	(f) As a part of the annual elevator inspection required
523	under s. 399.061, certified elevator inspectors shall confirm
524	that all installed generators required by this chapter are in
525	working order, have current inspection records posted in the
526	elevator machine room or other place conspicuous to the elevator
527	inspector, and that the required generator key is present in the
528	lockbox posted at or near the installed generator. If a building
529	does not have an installed generator, the inspector shall
530	confirm that the appropriate prewiring and switching
531	capabilities are present and that a statement is posted in the
532	elevator machine room or other place conspicuous to the elevator
533	inspector affirming a current guaranteed contract exists for
534	contingent services for alternate power is current for the
535	operating period.
536
537	However, buildings, structures, and facilities must, at as a
538	minimum, comply with the requirements in the Americans with
539	Disabilities Act Accessibility Guidelines.
540	Section 11. Subsections (7) and (9) of section 553.73,
541	Florida Statutes, are amended, and subsections (14) and (15) are
542	added to that section, to read:
543	553.73 Florida Building Code.-
544	(7) Notwithstanding the provisions of subsection (3) or
545	subsection (6), the commission may address issues identified in
546	this subsection by amending the code pursuant only to the rule
547	adoption procedures contained in chapter 120. Provisions of the
548	Florida Building Code, including those contained in referenced
549	standards and criteria, relating to wind resistance or the
550	prevention of water intrusion may not be amended pursuant to
551	this subsection to diminish those construction requirements;
552	however, the commission may, subject to conditions in this
553	subsection, amend the provisions to enhance those construction
554	requirements. Following the approval of any amendments to the
555	Florida Building Code by the commission and publication of the
556	amendments on the commission's website, authorities having
557	jurisdiction to enforce the Florida Building Code may enforce
558	the amendments. The commission may approve amendments that are
559	needed to address:
560	(a) Conflicts within the updated code;
561	(b) Conflicts between the updated code and the Florida
562	Fire Prevention Code adopted pursuant to chapter 633;
563	(c) The omission of previously adopted Florida-specific
564	amendments to the updated code if such omission is not supported
565	by a specific recommendation of a technical advisory committee
566	or particular action by the commission;
567	(d) Unintended results from the integration of previously
568	adopted Florida-specific amendments with the model code;
569	(e) Equivalency of standards;
570	(f) The specific needs of state agencies when agency rules
571	must be updated to reflect federal requirements relating to
572	design criteria for public educational facilities and state-
573	licensed facilities;
574	(g)(e) Changes to or inconsistencies with federal or state
575	law; or
576	(h)(f) Adoption of an updated edition of the National
577	Electrical Code if the commission finds that delay of
578	implementing the updated edition causes undue hardship to
579	stakeholders or otherwise threatens the public health, safety,
580	and welfare.
581	(9) The following buildings, structures, and facilities
582	are exempt from the Florida Building Code as provided by law,
583	and any further exemptions shall be as determined by the
584	Legislature and provided by law:
585	(a) Buildings and structures specifically regulated and
586	preempted by the Federal Government.
587	(b) Railroads and ancillary facilities associated with the
588	railroad.
589	(c) Nonresidential farm buildings on farms.
590	(d) Temporary buildings or sheds used exclusively for
591	construction purposes.
592	(e) Mobile or modular structures used as temporary
593	offices, except that the provisions of part II relating to
594	accessibility by persons with disabilities shall apply to such
595	mobile or modular structures.
596	(f) Those structures or facilities of electric utilities,
597	as defined in s. 366.02, which are directly involved in the
598	generation, transmission, or distribution of electricity.
599	(g) Temporary sets, assemblies, or structures used in
600	commercial motion picture or television production, or any
601	sound-recording equipment used in such production, on or off the
602	premises.
603	(h) Storage sheds that are not designed for human
604	habitation and that have a floor area of 720 square feet or less
605	are not required to comply with the mandatory wind-borne-debris-
606	impact standards of the Florida Building Code.
607	(i) Chickees constructed by the Miccosukee Tribe of
608	Indians of Florida or the Seminole Tribe of Florida. As used in
609	this paragraph, the term "chickee" means an open-sided wooden
610	hut that has a thatched roof of palm or palmetto or other
611	traditional materials, and that does not incorporate any
612	electrical, plumbing, or other nonwood features.
613	(j) Family mausoleums not exceeding 250 square feet in
614	area which are prefabricated and assembled on site or
615	preassembled and delivered on site and have walls, roofs, and a
616	floor constructed of granite, marble, or reinforced concrete.
617
618	With the exception of paragraphs (a), (b), (c), and (f), in
619	order to preserve the health, safety, and welfare of the public,
620	the Florida Building Commission may, by rule adopted pursuant to
621	chapter 120, provide for exceptions to the broad categories of
622	buildings exempted in this section, including exceptions for
623	application of specific sections of the code or standards
624	adopted therein. The Department of Agriculture and Consumer
625	Services shall have exclusive authority to adopt by rule,
626	pursuant to chapter 120, exceptions to nonresidential farm
627	buildings exempted in paragraph (c) when reasonably necessary to
628	preserve public health, safety, and welfare. The exceptions must
629	be based upon specific criteria, such as under-roof floor area,
630	aggregate electrical service capacity, HVAC system capacity, or
631	other building requirements. Further, the commission may
632	recommend to the Legislature additional categories of buildings,
633	structures, or facilities which should be exempted from the
634	Florida Building Code, to be provided by law. The Florida
635	Building Code does not apply to temporary housing provided by
636	the Department of Corrections to any prisoner in the state
637	correctional system.
638	(14) The Florida Building Code may not require that an
639	existing air conditioning system that was installed on the
640	surface of a roof before July 1, 2010, be raised 18 inches from
641	the surface on which it is installed until such time as the
642	system is replaced. An agency or local government having
643	authority to enforce the Florida Building Code or a local
644	building code may not require otherwise.
645	(15) The Florida Building Code must require that the
646	illumination in classroom units be designed to provide and
647	maintain an average of 40 foot-candles of light at each desktop.
648	Public educational facilities must consider using light-emitting
649	diode lighting before considering other lighting sources.
650	Section 12. Subsection (2) of section 553.76, Florida
651	Statutes, is amended to read:
652	553.76 General powers of the commission.-The commission is
653	authorized to:
654	(2) Issue memoranda of procedure for its internal
655	management and control. The commission may adopt rules related
656	to its consensus-based decisionmaking process, including, but
657	not limited to, super majority voting requirements for
658	commission actions relating to the adoption of the Florida
659	Building Code or amendments to the code.
660	Section 13. Subsection (4) of section 553.775, Florida
661	Statutes, is amended to read:
662	553.775 Interpretations.-
663	(4) In order to administer this section, the commission
664	may adopt by rule and impose a fee for binding and nonbinding
665	interpretations to recoup the cost of the proceedings which may
666	not exceed $250 for each request for a review or interpretation.
667	For proceedings conducted by or in coordination with a third-
668	party, the rule may provide that payment be made directly to the
669	third party, who shall remit to the department that portion of
670	the fee necessary to cover the costs of the department.
671	Section 14. Subsection (9) of section 553.79, Florida
672	Statutes, is amended to read:
673	553.79 Permits; applications; issuance; inspections.-
674	(9) Any state agency whose enabling legislation authorizes
675	it to enforce provisions of the Florida Building Code may enter
676	into an agreement with any other unit of government to delegate
677	its responsibility to enforce those provisions and may expend
678	public funds for permit and inspection fees, which fees may be
679	no greater than the fees charged others. Inspection services
680	that are not required to be performed by a state agency under a
681	federal delegation of responsibility or by a state agency under
682	the Florida Building Code must be performed under the
683	alternative plans review and inspection process created in s.
684	553.791 or by a local governmental entity having authority to
685	enforce the Florida Building Code.
686	Section 15. For the purpose of incorporating the amendment
687	made by this act to section 553.79, Florida Statutes, in a
688	reference thereto, subsection (1) of section 553.80, Florida
689	Statutes, is reenacted to read:
690	553.80 Enforcement.-
691	(1) Except as provided in paragraphs (a)-(g), each local
692	government and each legally constituted enforcement district
693	with statutory authority shall regulate building construction
694	and, where authorized in the state agency's enabling
695	legislation, each state agency shall enforce the Florida
696	Building Code required by this part on all public or private
697	buildings, structures, and facilities, unless such
698	responsibility has been delegated to another unit of government
699	pursuant to s. 553.79(9).
700	(a) Construction regulations relating to correctional
701	facilities under the jurisdiction of the Department of
702	Corrections and the Department of Juvenile Justice are to be
703	enforced exclusively by those departments.
704	(b) Construction regulations relating to elevator
705	equipment under the jurisdiction of the Bureau of Elevators of
706	the Department of Business and Professional Regulation shall be
707	enforced exclusively by that department.
708	(c) In addition to the requirements of s. 553.79 and this
709	section, facilities subject to the provisions of chapter 395 and
710	part II of chapter 400 shall have facility plans reviewed and
711	construction surveyed by the state agency authorized to do so
712	under the requirements of chapter 395 and part II of chapter 400
713	and the certification requirements of the Federal Government.
714	(d) Building plans approved under s. 553.77(3) and state-
715	approved manufactured buildings, including buildings
716	manufactured and assembled offsite and not intended for
717	habitation, such as lawn storage buildings and storage sheds,
718	are exempt from local code enforcing agency plan reviews except
719	for provisions of the code relating to erection, assembly, or
720	construction at the site. Erection, assembly, and construction
721	at the site are subject to local permitting and inspections.
722	Lawn storage buildings and storage sheds bearing the insignia of
723	approval of the department are not subject to s. 553.842. Such
724	buildings that do not exceed 400 square feet may be delivered
725	and installed without need of a contractor's or specialty
726	license.
727	(e) Construction regulations governing public schools,
728	state universities, and community colleges shall be enforced as
729	provided in subsection (6).
730	(f) The Florida Building Code as it pertains to toll
731	collection facilities under the jurisdiction of the turnpike
732	enterprise of the Department of Transportation shall be enforced
733	exclusively by the turnpike enterprise.
734	(g) Construction regulations relating to secure mental
735	health treatment facilities under the jurisdiction of the
736	Department of Children and Family Services shall be enforced
737	exclusively by the department in conjunction with the Agency for
738	Health Care Administration's review authority under paragraph
739	(c).
740
741	The governing bodies of local governments may provide a schedule
742	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
743	section, for the enforcement of the provisions of this part.
744	Such fees shall be used solely for carrying out the local
745	government's responsibilities in enforcing the Florida Building
746	Code. The authority of state enforcing agencies to set fees for
747	enforcement shall be derived from authority existing on July 1,
748	1998. However, nothing contained in this subsection shall
749	operate to limit such agencies from adjusting their fee schedule
750	in conformance with existing authority.
751	Section 16. Section 553.841, Florida Statutes, is amended
752	to read:
753	553.841 Building code compliance and mitigation program.-
754	(1) The Legislature finds that knowledge and understanding
755	by persons licensed in the design and construction industries of
756	the importance and need for complying with the Florida Building
757	Code is vital to the public health, safety, and welfare of this
758	state, especially for mitigating damage caused by hurricanes to
759	residents and visitors to the state. The Legislature further
760	finds that the Florida Building Code can be effective only if
761	all participants in the design and construction industries
762	maintain a thorough knowledge of the code and additions thereto
763	which improve construction standards to protect against storm
764	and other damage. Consequently, the Legislature finds that there
765	is a need for a program to provide ongoing education and
766	outreach activities concerning compliance with the Florida
767	Building Code and hurricane mitigation.
768	(2) The Department of Community Affairs shall administer a
769	program, designated as the Florida Building Code Compliance and
770	Mitigation Program, to develop, coordinate, and maintain
771	education and outreach to persons required to comply with the
772	Florida Building Code and ensure consistent education, training,
773	and communication of the code's requirements, including, but not
774	limited to, methods for mitigation of storm-related damage. The
775	program shall also operate a clearinghouse through which design,
776	construction, and building code enforcement licensees,
777	suppliers, and consumers in this state may find others in order
778	to exchange information relating to mitigation and facilitate
779	repairs in the aftermath of a natural disaster.
780	(3) All services and materials under the Florida Building
781	Code Compliance and Mitigation Program must be provided by a
782	private, nonprofit corporation under contract with the
783	department. The term of the contract shall be for 4 years, with
784	the option of one 4-year renewal at the end of the contract
785	term. The initial contract must be in effect no later than
786	November 1, 2007. The private, nonprofit corporation must be an
787	organization whose membership includes trade and professional
788	organizations whose members consist primarily of persons and
789	entities that are required to comply with the Florida Building
790	Code and that are licensed under part XII of chapter 468,
791	chapter 471, chapter 481, or chapter 489. When selecting the
792	private, nonprofit corporation for the program, the department
793	must give primary consideration to the corporation's
794	demonstrated experience and the ability to:
795	(a) Develop and deliver building code-related education,
796	training, and outreach;
797	(b) Directly access the majority of persons licensed in
798	the occupations of design, construction, and building code
799	enforcement individually and through established statewide trade
800	and professional association networks;
801	(c) Serve as a clearinghouse to deliver education and
802	outreach throughout the state. The clearinghouse must serve as a
803	focal point at which persons licensed to design, construct, and
804	enforce building codes and suppliers and consumers can find each
805	other in order to exchange information relating to mitigation
806	and facilitate repairs in the aftermath of a natural disaster;
807	(d) Accept input from the Florida Building Commission,
808	licensing regulatory boards, local building departments, and the
809	design and construction industries in order to improve its
810	education and outreach programs; and
811	(e) Promote design and construction techniques and
812	materials for mitigating hurricane damage at a Florida-based
813	trade conference that includes participants from the broadest
814	possible range of design and construction trades and
815	professions, including from those private and public sector
816	entities having jurisdiction over building codes and design and
817	construction licensure.
818	(4) The department, In administering the Florida Building
819	Code Compliance and Mitigation Program, the department shall
820	maintain, update, develop, or cause to be developed:
821	(a) A core curriculum that is prerequisite to the advanced
822	module coursework.
823	(b) advanced modules designed for use by each profession.
824	(c) The core curriculum developed under this subsection
825	must be submitted to the Department of Business and Professional
826	Regulation for approval. Advanced modules developed under this
827	paragraph must be approved by the commission and submitted to
828	the respective boards for approval.
829	(5) The core curriculum shall cover the information
830	required to have all categories of participants appropriately
831	informed as to their technical and administrative
832	responsibilities in the effective execution of the code process
833	by all individuals currently licensed under part XII of chapter
834	468, chapter 471, chapter 481, or chapter 489, except as
835	otherwise provided in s. 471.017. The core curriculum shall be
836	prerequisite to the advanced module coursework for all licensees
837	and shall be completed by individuals licensed in all categories
838	under part XII of chapter 468, chapter 471, chapter 481, or
839	chapter 489 within the first 2-year period after initial
840	licensure. Core course hours taken by licensees to complete this
841	requirement shall count toward fulfillment of required
842	continuing education units under part XII of chapter 468,
843	chapter 471, chapter 481, or chapter 489.
844	(5)(6) Each biennium, upon receipt of funds by the
845	Department of Community Affairs from the Construction Industry
846	Licensing Board and the Electrical Contractors' Licensing Board
847	provided under ss. 489.109(3) and 489.509(3), the department
848	shall determine the amount of funds available for the Florida
849	Building Code Compliance and Mitigation Program.
850	(6)(7) If the projects provided through the Florida
851	Building Code Compliance and Mitigation Program in any state
852	fiscal year do not require the use of all available funds, the
853	unused funds shall be carried forward and allocated for use
854	during the following fiscal year.
855	(7)(8) The Florida Building Commission shall provide by
856	rule for the accreditation of courses related to the Florida
857	Building Code by accreditors approved by the commission. The
858	commission shall establish qualifications of accreditors and
859	criteria for the accreditation of courses by rule. The
860	commission may revoke the accreditation of a course by an
861	accreditor if the accreditation is demonstrated to violate this
862	part or the rules of the commission.
863	(8)(9) This section does not prohibit or limit the subject
864	areas or development of continuing education or training on the
865	Florida Building Code by any qualified entity.
866	Section 17. Subsections (1), (5), (8), and (17) of section
867	553.842, Florida Statutes, are amended to read:
868	553.842 Product evaluation and approval.-
869	(1) The commission shall adopt rules under ss. 120.536(1)
870	and 120.54 to develop and implement a product evaluation and
871	approval system that applies statewide to operate in
872	coordination with the Florida Building Code. The commission may
873	enter into contracts to provide for administration of the
874	product evaluation and approval system. The commission's rules
875	and any applicable contract may provide that payment of fees
876	related to approvals be made directly to the administrator, who
877	shall remit to the department that portion of the fee necessary
878	to cover the department's costs. The product evaluation and
879	approval system shall provide:
880	(a) Appropriate promotion of innovation and new
881	technologies.
882	(b) Processing submittals of products from manufacturers
883	in a timely manner.
884	(c) Independent, third-party qualified and accredited
885	testing and laboratory facilities, product evaluation entities,
886	quality assurance agencies, certification agencies, and
887	validation entities.
888	(d) An easily accessible product acceptance list to
889	entities subject to the Florida Building Code.
890	(e) Development of stringent but reasonable testing
891	criteria based upon existing consensus standards, when
892	available, for products.
893	(f) Long-term approvals, where feasible. State and local
894	approvals will be valid until the requirements of the code on
895	which the approval is based change, the product changes in a
896	manner affecting its performance as required by the code, or the
897	approval is revoked.
898	(g) Criteria for revocation of a product approval.
899	(h) Cost-effectiveness.
900	(5) Statewide approval of products, methods, or systems of
901	construction may be achieved by one of the following methods.
902	One of these methods must be used by the commission to approve
903	the following categories of products: panel walls, exterior
904	doors, roofing, skylights, windows, shutters, and structural
905	components as established by the commission by rule.
906	(a) Products for which the code establishes standardized
907	testing or comparative or rational analysis methods shall be
908	approved by submittal and validation of one of the following
909	reports or listings indicating that the product or method or
910	system of construction was evaluated to be in compliance with
911	the Florida Building Code and that the product or method or
912	system of construction is, for the purpose intended, at least
913	equivalent to that required by the Florida Building Code:
914	1. A certification mark or listing of an approved
915	certification agency, which may be used only for products for
916	which the code designates standardized testing;
917	2. A test report from an approved testing laboratory;
918	3. A product evaluation report based upon testing or
919	comparative or rational analysis, or a combination thereof, from
920	an approved product evaluation entity; or
921	4. A product evaluation report based upon testing or
922	comparative or rational analysis, or a combination thereof,
923	developed and signed and sealed by a professional engineer or
924	architect, licensed in this state.
925
926	A product evaluation report or a certification mark or listing
927	of an approved certification agency which demonstrates that the
928	product or method or system of construction complies with the
929	Florida Building Code for the purpose intended shall be
930	equivalent to a test report and test procedure as referenced in
931	the Florida Building Code. An application for state approval of
932	a product under subparagraph 1. must be approved by the
933	department after the commission staff or a designee verifies
934	that the application and related documentation are complete.
935	This verification must be completed within 10 days after receipt
936	of the application. Upon approval by the department, the product
937	shall be immediately added to the list of state-approved
938	products maintained under subsection (13). Approvals by the
939	department shall be reviewed and ratified by the commission's
940	program oversight committee except for a showing of good cause
941	that a review by the full commission is necessary.
942	(b) Products, methods, or systems of construction for
943	which there are no specific standardized testing or comparative
944	or rational analysis methods established in the code may be
945	approved by submittal and validation of one of the following:
946	1. A product evaluation report based upon testing or
947	comparative or rational analysis, or a combination thereof, from
948	an approved product evaluation entity indicating that the
949	product or method or system of construction was evaluated to be
950	in compliance with the intent of the Florida Building Code and
951	that the product or method or system of construction is, for the
952	purpose intended, at least equivalent to that required by the
953	Florida Building Code; or
954	2. A product evaluation report based upon testing or
955	comparative or rational analysis, or a combination thereof,
956	developed and signed and sealed by a professional engineer or
957	architect, licensed in this state, who certifies that the
958	product or method or system of construction is, for the purpose
959	intended, at least equivalent to that required by the Florida
960	Building Code.
961	(8) The commission may adopt rules to approve the
962	following types of entities that produce information on which
963	product approvals are based. All of the following entities,
964	including engineers and architects, must comply with a
965	nationally recognized standard demonstrating independence or no
966	conflict of interest:
967	(a) Evaluation entities that meet the criteria for
968	approval adopted by the commission by rule. The commission shall
969	specifically approve the National Evaluation Service, the
970	International Association of Plumbing and Mechanical Officials
971	Evaluation Service the International Conference of Building
972	Officials Evaluation Services, the International Code Council
973	Evaluation Services, the Building Officials and Code
974	Administrators International Evaluation Services, the Southern
975	Building Code Congress International Evaluation Services, and
976	the Miami-Dade County Building Code Compliance Office Product
977	Control. Architects and engineers licensed in this state are
978	also approved to conduct product evaluations as provided in
979	subsection (5).
980	(b) Testing laboratories accredited by national
981	organizations, such as A2LA and the National Voluntary
982	Laboratory Accreditation Program, laboratories accredited by
983	evaluation entities approved under paragraph (a), and
984	laboratories that comply with other guidelines for testing
985	laboratories selected by the commission and adopted by rule.
986	(c) Quality assurance entities approved by evaluation
987	entities approved under paragraph (a) and by certification
988	agencies approved under paragraph (d) and other quality
989	assurance entities that comply with guidelines selected by the
990	commission and adopted by rule.
991	(d) Certification agencies accredited by nationally
992	recognized accreditors and other certification agencies that
993	comply with guidelines selected by the commission and adopted by
994	rule.
995	(e) Validation entities that comply with accreditation
996	standards established by the commission by rule.
997	(17)(a) The Florida Building Commission shall review the
998	list of evaluation entities in subsection (8) and, in the annual
999	report required under s. 553.77, shall either recommend
1000	amendments to the list to add evaluation entities the commission
1001	determines should be authorized to perform product evaluations
1002	or shall report on the criteria adopted by rule or to be adopted
1003	by rule allowing the commission to approve evaluation entities
1004	that use the commission's product evaluation process. If the
1005	commission adopts criteria by rule, the rulemaking process must
1006	be completed by July 1, 2009.
1007	(b) Notwithstanding paragraph (8)(a), the International
1008	Association of Plumbing and Mechanical Officials Evaluation
1009	Services is approved as an evaluation entity until October 1,
1010	2009. If the association does not obtain permanent approval by
1011	the commission as an evaluation entity by October 1, 2009,
1012	products approved on the basis of an association evaluation must
1013	be substituted by an alternative, approved entity by December
1014	31, 2009, and on January 1, 2010, any product approval issued by
1015	the commission based on an association evaluation is void.
1016	Section 18. Subsection (4) is added to section 553.844,
1017	Florida Statutes, to read:
1018	553.844 Windstorm loss mitigation; requirements for roofs
1019	and opening protection.-
1020	(4) Notwithstanding the provisions of this section,
1021	exposed mechanical equipment or appliances fastened to rated
1022	stands, platforms, curbs, or slabs are deemed to comply with the
1023	wind resistance requirements for wind-borne debris regions as
1024	defined in s. 1609.2, Buildings Volume, 2007 Florida Building
1025	Code, as amended. Further support or enclosure of such
1026	mechanical equipment or appliances is not required by a state or
1027	local official having authority to enforce the Florida Building
1028	Code. This subsection expires December 31, 2012.
1029	Section 19. Section 553.885, Florida Statutes, is amended
1030	to read:
1031	553.885 Carbon monoxide alarm required.-
1032	(1) Every separate building or addition to an existing
1033	building, other than a hospital, an inpatient hospice facility,
1034	or a nursing home facility licensed by the Agency for Health
1035	Care Administration, constructed for which a building permit is
1036	issued for new construction on or after July 1, 2008, and having
1037	a fossil-fuel-burning heater or appliance, a fireplace, or an
1038	attached garage, or any other feature, fixture, or element that
1039	emits carbon monoxide as a byproduct of combustion shall have an
1040	approved operational carbon monoxide alarm installed within 10
1041	feet of each room used for sleeping purposes in the new building
1042	or addition, or at such other locations as required by the
1043	Florida Building Code. The requirements of this subsection may
1044	be satisfied with the installation of a battery-powered carbon
1045	monoxide alarm or a battery-powered combination carbon monoxide
1046	and smoke alarm. For a new hospital, an inpatient hospice
1047	facility, or a nursing home facility licensed by the Agency for
1048	Health Care Administration, an approved operational carbon
1049	monoxide detector shall be installed inside or directly outside
1050	of each room or area within the hospital or facility where a
1051	fossil-fuel-burning heater, engine, or appliance is located.
1052	This detector shall be connected to the fire alarm system of the
1053	hospital or facility as a supervisory signal. This subsection
1054	does not apply to existing buildings that are undergoing
1055	alterations or repairs unless the alteration is an addition as
1056	defined in subsection (3).
1057	(2) The Florida Building Commission shall adopt rules to
1058	administer this section and shall incorporate such requirements
1059	into its next revision of the Florida Building Code.
1060	(3) As used in this section, the term:
1061	(a) "Carbon monoxide alarm" means a device that is meant
1062	for the purpose of detecting carbon monoxide, that produces a
1063	distinct audible alarm, and that meets the requirements of and
1064	is approved by the Florida Building Commission.
1065	(b) "Fossil fuel" means coal, kerosene, oil, fuel gases,
1066	or other petroleum or hydrocarbon product that emits carbon
1067	monoxide as a by-product of combustion.
1068	(c) "Addition" means an extension or increase in floor
1069	area, number of stories, or height of a building or structure.
1070	Section 20. Subsection (2) of section 553.9061, Florida
1071	Statutes, is amended to read:
1072	553.9061 Scheduled increases in thermal efficiency
1073	standards.-
1074	(2) The Florida Building Commission shall identify within
1075	code support and compliance documentation the specific building
1076	options and elements available to meet the energy performance
1077	goals established in subsection (1). Energy efficiency
1078	performance options and elements include, but are not limited
1079	to:
1080	(a) Energy-efficient water heating systems, including
1081	solar water heating.
1082	(b) Energy-efficient appliances.
1083	(c) Energy-efficient windows, doors, and skylights.
1084	(d) Low solar-absorption roofs, also known as "cool
1085	roofs."
1086	(e) Enhanced ceiling and wall insulation.
1087	(f) Reduced-leak duct systems and energy-saving devices
1088	and features installed within duct systems.
1089	(g) Programmable thermostats.
1090	(h) Energy-efficient lighting systems.
1091	(i) Energy-saving quality installation procedures for
1092	replacement air conditioning systems, including, but not limited
1093	to, equipment sizing analysis and duct testing.
1094	(j) Shading devices, sunscreening materials, and
1095	overhangs.
1096	(k) Weatherstripping, caulking, and sealing of exterior
1097	openings and penetrations.
1098	Section 21. Subsection (4) of section 553.909, Florida
1099	Statutes, is amended to read:
1100	553.909 Setting requirements for appliances; exceptions.-
1101	(4) Pool pump motors shall not be split-phase, shaded-
1102	pole, or capacitor start-induction run types. Residential pool
1103	pumps and pool pump motors with a total horsepower of 1 HP or
1104	more shall have the capability of operating at two or more
1105	speeds with a low speed having a rotation rate that is no more
1106	than one-half of the motor's maximum rotation rate. Residential
1107	pool pump motor controls shall have the capability of operating
1108	the pool pump at a minimum of two speeds. The default
1109	circulation speed shall be the residential filtration speed,
1110	with a higher speed override capability being for a temporary
1111	period not to exceed one normal cycle or 24 hours 120 minutes,
1112	whichever is less; except that circulation speed for solar pool
1113	heating systems shall be permitted to run at higher speeds
1114	during periods of usable solar heat gain.
1115	Section 22. Subsection (2) of section 627.711, Florida
1116	Statutes, is amended to read:
1117	627.711 Notice of premium discounts for hurricane loss
1118	mitigation; uniform mitigation verification inspection form.-
1119	(2) By July 1, 2007, the Financial Services Commission
1120	shall develop by rule a uniform mitigation verification
1121	inspection form that shall be used by all insurers when
1122	submitted by policyholders for the purpose of factoring
1123	discounts for wind insurance. In developing the form, the
1124	commission shall seek input from insurance, construction, and
1125	building code representatives. Further, the commission shall
1126	provide guidance as to the length of time the inspection results
1127	are valid. An insurer shall accept as valid a uniform mitigation
1128	verification form certified by the Department of Financial
1129	Services or signed by:
1130	(a) A hurricane mitigation inspector certified by the My
1131	Safe Florida Home program;
1132	(b) A building code inspector certified under s. 468.607;
1133	(c) A general, building, or residential contractor
1134	licensed under s. 489.111;
1135	(d) A professional engineer licensed under s. 471.015 who
1136	has passed the appropriate equivalency test of the Building Code
1137	Training Program as required by s. 553.841;
1138	(e) A professional architect licensed under s. 481.213; or
1139	(f) Any other individual or entity recognized by the
1140	insurer as possessing the necessary qualifications to properly
1141	complete a uniform mitigation verification form.
1142	Section 23. Paragraph (b) of subsection (3) of section
1143	633.0215, Florida Statutes, is amended, and subsection (13) is
1144	added to that section, to read:
1145	633.0215 Florida Fire Prevention Code.-
1146	(3) No later than 180 days before the triennial adoption
1147	of the Florida Fire Prevention Code, the State Fire Marshal
1148	shall notify each municipal, county, and special district fire
1149	department of the triennial code adoption and steps necessary
1150	for local amendments to be included within the code. No later
1151	than 120 days before the triennial adoption of the Florida Fire
1152	Prevention Code, each local jurisdiction shall provide the State
1153	Fire Marshal with copies of its local fire code amendments. The
1154	State Fire Marshal has the option to process local fire code
1155	amendments that are received less than 120 days before the
1156	adoption date of the Florida Fire Prevention Code.
1157	(b) Any local amendment to the Florida Fire Prevention
1158	Code adopted by a local government shall be effective only until
1159	the adoption of the new edition of the Florida Fire Prevention
1160	Code, which shall be every third year. At such time, the State
1161	Fire Marshal shall adopt such amendment as part of the Florida
1162	Fire Prevention Code or rescind the amendment. The State Fire
1163	Marshal shall immediately notify the respective local government
1164	of the rescission of the amendment and the reason for the
1165	rescission. After receiving such notice, the respective local
1166	government may readopt the rescinded amendment. Incorporation of
1167	local amendments as regional and local concerns and variations
1168	shall be considered as adoption of an amendment pursuant to this
1169	section part.
1170	(13) The State Fire Marshal shall issue an expedited
1171	declaratory statement relating to interpretations of provisions
1172	of the Florida Fire Prevention Code according to the following
1173	guidelines:
1174	(a) The declaratory statement shall be rendered in
1175	accordance with s. 120.565, except that a final decision must be
1176	issued by the State Fire Marshal within 45 days after the
1177	division's receipt of a petition seeking an expedited
1178	declaratory statement. The State Fire Marshal shall give notice
1179	of the petition and the expedited declaratory statement or the
1180	denial of the petition in the next available issue of the
1181	Florida Administrative Weekly after the petition is filed and
1182	after the statement or denial is rendered.
1183	(b) The petitioner must be the owner of the disputed
1184	project or the owner's representative.
1185	(c) The petition for an expedited declaratory statement
1186	must be:
1187	1. Related to an active project that is under construction
1188	or must have been submitted for a permit;
1189	2. The subject of a written notice citing a specific
1190	provision of the Florida Fire Prevention Code which is in
1191	dispute; and
1192	3. Limited to a single question that is capable of being
1193	answered with a "yes" or "no" response.
1194
1195	A petition for a declaratory statement which does not meet all
1196	of the requirements of this subsection must be denied without
1197	prejudice. This subsection does not affect the right of the
1198	petitioner as a substantially affected person to seek a
1199	declaratory statement under s. 633.01(6).
1200	Section 24. Section 633.026, Florida Statutes, is amended
1201	to read:
1202	633.026 Legislative intent; informal interpretations of
1203	the Florida Fire Prevention Code.-It is the intent of the
1204	Legislature that the Florida Fire Prevention Code be interpreted
1205	by fire officials and local enforcement agencies in a manner
1206	that protects the public safety, health, and welfare by ensuring
1207	uniform interpretations throughout this state and by providing
1208	just and expeditious processes for resolving disputes regarding
1209	such interpretations. It is the intent of the Legislature that
1210	such processes provide for the expeditious resolution of the
1211	issues presented and that the resulting interpretation of such
1212	issues be published on the website of the Division of State Fire
1213	Marshal.
1214	(1) The Division of State Fire Marshal shall by rule
1215	establish an informal process of rendering nonbinding
1216	interpretations of the Florida Fire Prevention Code. The
1217	Division of State Fire Marshal may contract with and refer
1218	interpretive issues to a nonprofit organization that has
1219	experience in interpreting and enforcing the Florida Fire
1220	Prevention Code. The Division of State Fire Marshal shall
1221	immediately implement the process prior to the completion of
1222	formal rulemaking. It is the intent of the Legislature that the
1223	Division of State Fire Marshal establish create a Fire Code
1224	Interpretation Committee composed of seven persons and seven
1225	alternates, equally representing each area of the state process
1226	to refer questions to a small group of individuals certified
1227	under s. 633.081(2), to which a party can pose questions
1228	regarding the interpretation of the Florida Fire Prevention Code
1229	provisions.
1230	(2) Each member and alternate member of the Fire Code
1231	Interpretation Committee must be certified as a firesafety
1232	inspector pursuant to s. 633.081(2) and must have a minimum of 5
1233	years of experience interpreting and enforcing the Florida Fire
1234	Prevention Code and the Life Safety Code. Each member and
1235	alternate member must be approved by the Division of State Fire
1236	Marshal and deemed by the division to have met these
1237	requirements for at least 30 days before participating in a
1238	review of a nonbinding interpretation. It is the intent of the
1239	Legislature that the process provide for the expeditious
1240	resolution of the issues presented and publication of the
1241	resulting interpretation on the website of the Division of State
1242	Fire Marshal. It is the intent of the Legislature that this
1243	program be similar to the program established by the Florida
1244	Building Commission in s. 553.775(3)(g).
1245	(3) Each nonbinding interpretation of code provisions must
1246	be provided within 10 business days after receipt of a request
1247	for interpretation. The response period established in this
1248	subsection may be waived only with the written consent of the
1249	party requesting the nonbinding interpretation and the Division
1250	of State Fire Marshal. Nonbinding Such interpretations shall be
1251	advisory only and nonbinding on the parties or the State Fire
1252	Marshal.
1253	(4) In order to administer this section, the Division of
1254	State Fire Marshal shall charge department may adopt by rule and
1255	impose a fee for nonbinding interpretations, with payment made
1256	directly to the third party. The fee may not exceed $150 for
1257	each request for a review or interpretation. The division may
1258	authorize payment of fees directly to the nonprofit organization
1259	under contract pursuant to subsection (1).
1260	(5) A party requesting a nonbinding interpretation who
1261	disagrees with the interpretation issued under this section may
1262	apply for a formal interpretation from the State Fire Marshal
1263	pursuant to s. 633.01(6).
1264	(6) The Division of State Fire Marshal shall issue or
1265	cause to be issued a nonbinding interpretation of the Florida
1266	Fire Prevention Code pursuant to this section when requested to
1267	do so upon submission of a petition by a fire official or by the
1268	owner or owner's representative or the contractor or
1269	contractor's representative of a project in dispute. The
1270	division shall adopt a petition form by rule and the petition
1271	form must be published on the State Fire Marshal's website. The
1272	form shall, at a minimum, require:
1273	(a) The name and address of the local fire official,
1274	including the address of the county, municipality, or special
1275	district.
1276	(b) The name and address of the owner or owner's
1277	representative or the contractor or contractor's representative.
1278	(c) A statement of the specific sections of the Florida
1279	Fire Prevention Code being interpreted by the local fire
1280	official.
1281	(d) An explanation of how the petitioner's substantial
1282	interests are being affected by the local interpretation of the
1283	Florida Fire Prevention Code.
1284	(e) A statement of the interpretation of the specific
1285	sections of the Florida Fire Prevention Code by the local fire
1286	official.
1287	(f) A statement of the interpretation that the petitioner
1288	contends should be given to the specific sections of the Florida
1289	Fire Prevention Code and a statement supporting the petitioner's
1290	interpretation.
1291	(7) Upon receipt of a petition that meets the requirements
1292	of subsection (6), the Division of State Fire Marshal shall
1293	immediately provide copies of the petition to the Fire Code
1294	Interpretation Committee, and shall publish the petition and any
1295	response submitted by the local fire official on the State Fire
1296	Marshal's website.
1297	(8) The committee shall conduct proceedings as necessary
1298	to resolve the issues and give due regard to the petition, the
1299	facts of the matter at issue, specific code sections cited, and
1300	any statutory implications affecting the Florida Fire Prevention
1301	Code. The committee shall issue an interpretation regarding the
1302	provisions of the Florida Fire Prevention Code within 10 days
1303	after the filing of a petition. The committee shall issue an
1304	interpretation based upon the Florida Fire Prevention Code or,
1305	if the code is ambiguous, the intent of the code. The
1306	committee's interpretation shall be provided to the petitioner
1307	and shall include a notice that if the petitioner disagrees with
1308	the interpretation, the petitioner may file a request for formal
1309	interpretation by the State Fire Marshal under s. 633.01(6). The
1310	committee's interpretation shall be provided to the State Fire
1311	Marshal, and the division shall publish the interpretation on
1312	the State Fire Marshal's website and in the Florida
1313	Administrative Weekly.
1314	Section 25. Section 633.081, Florida Statutes, is amended
1315	to read:
1316	633.081 Inspection of buildings and equipment; orders;
1317	firesafety inspection training requirements; certification;
1318	disciplinary action.-The State Fire Marshal and her or his
1319	agents shall, at any reasonable hour, when the State Fire
1320	Marshal department has reasonable cause to believe that a
1321	violation of this chapter or s. 509.215, or a rule promulgated
1322	thereunder, or a minimum firesafety code adopted by a local
1323	authority, may exist, inspect any and all buildings and
1324	structures which are subject to the requirements of this chapter
1325	or s. 509.215 and rules promulgated thereunder. The authority to
1326	inspect shall extend to all equipment, vehicles, and chemicals
1327	which are located within the premises of any such building or
1328	structure.
1329	(1) Each county, municipality, and special district that
1330	has firesafety enforcement responsibilities shall employ or
1331	contract with a firesafety inspector. The firesafety inspector
1332	must conduct all firesafety inspections that are required by
1333	law. The governing body of a county, municipality, or special
1334	district that has firesafety enforcement responsibilities may
1335	provide a schedule of fees to pay only the costs of inspections
1336	conducted pursuant to this subsection and related administrative
1337	expenses. Two or more counties, municipalities, or special
1338	districts that have firesafety enforcement responsibilities may
1339	jointly employ or contract with a firesafety inspector.
1340	(2) Every firesafety inspection conducted pursuant to
1341	state or local firesafety requirements shall be by a person
1342	certified as having met the inspection training requirements set
1343	by the State Fire Marshal. Such person shall:
1344	(a) Be a high school graduate or the equivalent as
1345	determined by the department;
1346	(b) Not have been found guilty of, or having pleaded
1347	guilty or nolo contendere to, a felony or a crime punishable by
1348	imprisonment of 1 year or more under the law of the United
1349	States, or of any state thereof, which involves moral turpitude,
1350	without regard to whether a judgment of conviction has been
1351	entered by the court having jurisdiction of such cases;
1352	(c) Have her or his fingerprints on file with the
1353	department or with an agency designated by the department;
1354	(d) Have good moral character as determined by the
1355	department;
1356	(e) Be at least 18 years of age;
1357	(f) Have satisfactorily completed the firesafety inspector
1358	certification examination as prescribed by the department; and
1359	(g)1. Have satisfactorily completed, as determined by the
1360	department, a firesafety inspector training program of not less
1361	than 200 hours established by the department and administered by
1362	agencies and institutions approved by the department for the
1363	purpose of providing basic certification training for firesafety
1364	inspectors; or
1365	2. Have received in another state training which is
1366	determined by the department to be at least equivalent to that
1367	required by the department for approved firesafety inspector
1368	education and training programs in this state.
1369	(3) Each special state firesafety inspection which is
1370	required by law and is conducted by or on behalf of an agency of
1371	the state must be performed by an individual who has met the
1372	provision of subsection (2), except that the duration of the
1373	training program shall not exceed 120 hours of specific training
1374	for the type of property that such special state firesafety
1375	inspectors are assigned to inspect.
1376	(4) A firefighter certified pursuant to s. 633.35 may
1377	conduct firesafety inspections, under the supervision of a
1378	certified firesafety inspector, while on duty as a member of a
1379	fire department company conducting inservice firesafety
1380	inspections without being certified as a firesafety inspector,
1381	if such firefighter has satisfactorily completed an inservice
1382	fire department company inspector training program of at least
1383	24 hours' duration as provided by rule of the department.
1384	(5) Every firesafety inspector or special state firesafety
1385	inspector certificate is valid for a period of 3 years from the
1386	date of issuance. Renewal of certification shall be subject to
1387	the affected person's completing proper application for renewal
1388	and meeting all of the requirements for renewal as established
1389	under this chapter or by rule promulgated thereunder, which
1390	shall include completion of at least 40 hours during the
1391	preceding 3-year period of continuing education as required by
1392	the rule of the department or, in lieu thereof, successful
1393	passage of an examination as established by the department.
1394	(6) The State Fire Marshal may deny, refuse to renew,
1395	suspend, or revoke the certificate of a firesafety inspector or
1396	special state firesafety inspector if it finds that any of the
1397	following grounds exist:
1398	(a) Any cause for which issuance of a certificate could
1399	have been refused had it then existed and been known to the
1400	State Fire Marshal.
1401	(b) Violation of this chapter or any rule or order of the
1402	State Fire Marshal.
1403	(c) Falsification of records relating to the certificate.
1404	(d) Having been found guilty of or having pleaded guilty
1405	or nolo contendere to a felony, whether or not a judgment of
1406	conviction has been entered.
1407	(e) Failure to meet any of the renewal requirements.
1408	(f) Having been convicted of a crime in any jurisdiction
1409	which directly relates to the practice of fire code inspection,
1410	plan review, or administration.
1411	(g) Making or filing a report or record that the
1412	certificateholder knows to be false, or knowingly inducing
1413	another to file a false report or record, or knowingly failing
1414	to file a report or record required by state or local law, or
1415	knowingly impeding or obstructing such filing, or knowingly
1416	inducing another person to impede or obstruct such filing.
1417	(h) Failing to properly enforce applicable fire codes or
1418	permit requirements within this state which the
1419	certificateholder knows are applicable by committing willful
1420	misconduct, gross negligence, gross misconduct, repeated
1421	negligence, or negligence resulting in a significant danger to
1422	life or property.
1423	(i) Accepting labor, services, or materials at no charge
1424	or at a noncompetitive rate from any person who performs work
1425	that is under the enforcement authority of the certificateholder
1426	and who is not an immediate family member of the
1427	certificateholder. For the purpose of this paragraph, the term
1428	"immediate family member" means a spouse, child, parent,
1429	sibling, grandparent, aunt, uncle, or first cousin of the person
1430	or the person's spouse or any person who resides in the primary
1431	residence of the certificateholder.
1432	(7) The Division of State Fire Marshal and the Florida
1433	Building Code Administrators and Inspectors Board, established
1434	pursuant to under s. 468.605, shall enter into a reciprocity
1435	agreement to facilitate joint recognition of continuing
1436	education recertification hours for certificateholders licensed
1437	under s. 468.609 and firesafety inspectors certified under
1438	subsection (2).
1439	(8) The State Fire Marshal shall develop by rule an
1440	advanced training and certification program for firesafety
1441	inspectors having fire code management responsibilities. The
1442	program must be consistent with the appropriate provisions of
1443	NFPA 1037, or similar standards adopted by the division, and
1444	establish minimum training, education, and experience levels for
1445	firesafety inspectors having fire code management
1446	responsibilities.
1447	(9)(7) The department shall provide by rule for the
1448	certification of firesafety inspectors.
1449	Section 26. Section 633.352, Florida Statutes, is amended
1450	to read:
1451	633.352 Retention of firefighter certification.-Any
1452	certified firefighter who has not been active as a firefighter,
1453	or as a volunteer firefighter with an organized fire department,
1454	for a period of 3 years shall be required to retake the
1455	practical portion of the minimum standards state examination
1456	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
1457	Administrative Code, in order to maintain her or his
1458	certification as a firefighter; however, this requirement does
1459	not apply to state-certified firefighters who are certified and
1460	employed as full-time firesafety inspectors or firesafety
1461	instructors, regardless of the firefighter's employment status
1462	as determined by the division. The 3-year period begins on the
1463	date the certificate of compliance is issued or upon termination
1464	of service with an organized fire department.
1465	Section 27. Paragraph (e) of subsection (2) and
1466	subsections (3), (10), and (11) of section 633.521, Florida
1467	Statutes, are amended to read:
1468	633.521 Certificate application and issuance; permit
1469	issuance; examination and investigation of applicant.-
1470	(2)
1471	(e) An applicant may not be examined more than four times
1472	during 1 year for certification as a contractor pursuant to this
1473	section unless the person is or has been certified and is taking
1474	the examination to change classifications. If an applicant does
1475	not pass one or more parts of the examination, she or he may
1476	take any part of the examination three more times during the 1-
1477	year period beginning upon the date she or he originally filed
1478	an application to take the examination. If the applicant does
1479	not pass the examination within that 1-year period, she or he
1480	must file a new application and pay the application and
1481	examination fees in order to take the examination or a part of
1482	the examination again. However, the applicant may not file a new
1483	application sooner than 6 months after the date of her or his
1484	last examination. An applicant who passes the examination but
1485	does not meet the remaining qualifications as provided in
1486	applicable statutes and rules within 1 year after the
1487	application date must file a new application, pay the
1488	application and examination fee, successfully complete a
1489	prescribed training course approved by the State Fire College or
1490	an equivalent court approved by the State Fire Marshal, and
1491	retake and pass the written examination.
1492	(3)(a) As a prerequisite to taking the examination for
1493	certification as a Contractor I, Contractor II, or Contractor
1494	III, the applicant must be at least 18 years of age, be of good
1495	moral character, and shall possess 4 years' proven experience in
1496	the employment of a fire protection system Contractor I,
1497	Contractor II, or Contractor III or a combination of equivalent
1498	education and experience in both water-based and chemical fire
1499	suppression systems.
1500	(b) As a prerequisite to taking the examination for
1501	certification as a Contractor II, the applicant must be at least
1502	18 years of age, be of good moral character, and have 4 years of
1503	verifiable employment experience with a fire protection system
1504	as a Contractor I or Contractor II, or a combination of
1505	equivalent education and experience in water-based fire
1506	suppression systems.
1507	(c) Required education and experience for certification as
1508	a Contractor I, Contractor II, Contractor III, or Contractor IV
1509	includes training and experience in both installation and system
1510	layout as defined in s. 633.021.
1511	(d) As a prerequisite to taking the examination for
1512	certification as a Contractor III, the applicant must be at
1513	least 18 years of age, be of good moral character, and have 4
1514	years of verifiable employment experience with a fire protection
1515	system as a Contractor I or Contractor II, or a combination of
1516	equivalent education and experience in chemical fire suppression
1517	systems.
1518	(e) As a prerequisite to taking the examination for
1519	certification as a Contractor IV, the applicant must shall be at
1520	least 18 years old, be of good moral character, be licensed as a
1521	certified plumbing contractor under chapter 489, and
1522	successfully complete a training program acceptable to the State
1523	Fire Marshal of not less than 40 contact hours regarding the
1524	applicable installation standard used by the Contractor IV as
1525	described in NFPA 13D. The State Fire Marshal may adopt rules to
1526	administer this subsection have at least 2 years' proven
1527	experience in the employment of a fire protection system
1528	Contractor I, Contractor II, Contractor III, or Contractor IV or
1529	combination of equivalent education and experience which
1530	combination need not include experience in the employment of a
1531	fire protection system contractor.
1532	(f) As a prerequisite to taking the examination for
1533	certification as a Contractor V, the applicant must shall be at
1534	least 18 years old, be of good moral character, and have been
1535	licensed as a certified underground utility and excavation
1536	contractor or certified plumbing contractor pursuant to chapter
1537	489, have verification by an individual who is licensed as a
1538	certified utility contractor or certified plumbing contractor
1539	pursuant to chapter 489 that the applicant has 4 years' proven
1540	experience in the employ of a certified underground utility and
1541	excavation contractor or certified plumbing contractor, or have
1542	a combination of education and experience equivalent to 4 years'
1543	proven experience in the employ of a certified underground
1544	utility and excavation contractor or certified plumbing
1545	contractor.
1546	(g) Within 30 days after the date of the examination, the
1547	State Fire Marshal shall inform the applicant in writing whether
1548	she or he has qualified or not and, if the applicant has
1549	qualified, that she or he is ready to issue a certificate of
1550	competency, subject to compliance with the requirements of
1551	subsection (4).
1552	(10) Effective July 1, 2008, the State Fire Marshal shall
1553	require the National Institute of Certification in Engineering
1554	Technologies (NICET), Sub-field of Inspection and Testing of
1555	Fire Protection Systems Level II or equivalent training and
1556	education as determined by the division as proof that the
1557	permitholders are knowledgeable about nationally accepted
1558	standards for the inspection of fire protection systems. It is
1559	the intent of this act, from July 1, 2005, until July 1, 2008,
1560	to accept continuing education of all certificateholders'
1561	employees who perform inspection functions which specifically
1562	prepares the permitholder to qualify for NICET II certification.
1563	(11) It is intended that a certificateholder, or a
1564	permitholder who is employed by a certificateholder, conduct
1565	inspections required by this chapter. It is understood that
1566	after July 1, 2008, employee turnover may result in a depletion
1567	of personnel who are certified under the NICET Sub-field of
1568	Inspection and Testing of Fire Protection Systems Level II or
1569	equivalent training and education as required by the Division of
1570	State Fire Marshal which is required for permitholders. The
1571	extensive training and experience necessary to achieve NICET
1572	Level II certification is recognized. A certificateholder may
1573	therefore obtain a provisional permit with an endorsement for
1574	inspection, testing, and maintenance of water-based fire
1575	extinguishing systems for an employee if the employee has
1576	initiated procedures for obtaining Level II certification from
1577	the National Institute for Certification in Engineering
1578	Technologies Sub-field of Inspection and Testing of Fire
1579	Protection Systems and achieved Level I certification or an
1580	equivalent level as determined by the State Fire Marshal through
1581	verification of experience, training, and examination. The State
1582	Fire Marshal may establish rules to administer this subsection.
1583	After 2 years of provisional certification, the employee must
1584	have achieved NICET Level II certification or obtain equivalent
1585	training and education as determined by the division, or cease
1586	performing inspections requiring Level II certification. The
1587	provisional permit is valid only for the 2 calendar years after
1588	the date of issuance, may not be extended, and is not renewable.
1589	After the initial 2-year provisional permit expires, the
1590	certificateholder must wait 2 additional years before a new
1591	provisional permit may be issued. The intent is to prohibit the
1592	certificateholder from using employees who never reach NICET
1593	Level II status, or equivalent training and education as
1594	determined by the division, by continuously obtaining
1595	provisional permits.
1596	Section 28. Subsection (3) is added to section 633.524,
1597	Florida Statutes, to read:
1598	633.524 Certificate and permit fees; use and deposit of
1599	collected funds.-
1600	(3) The State Fire Marshal may enter into a contract with
1601	any qualified public entity or private company in accordance
1602	with chapter 287 to provide examinations for any applicant for
1603	any examination administered under the jurisdiction of the State
1604	Fire Marshal. The State Fire Marshal may direct payments from
1605	each applicant for each examination directly to such contracted
1606	entity or company.
1607	Section 29. Subsection (4) of section 633.537, Florida
1608	Statutes, is amended to read:
1609	633.537 Certificate; expiration; renewal; inactive
1610	certificate; continuing education.-
1611	(4) The renewal period for the permit class is the same as
1612	that for the employing certificateholder. The continuing
1613	education requirements for permitholders are what is required to
1614	maintain NICET Sub-field of Inspection and Testing of Fire
1615	Protection Systems Level II, equivalent training and education
1616	as determined by the division, or higher certification plus 8
1617	contact hours of continuing education approved by the State Fire
1618	Marshal during each biennial renewal period thereafter. The
1619	continuing education curriculum from July 1, 2005, until July 1,
1620	2008, shall be the preparatory curriculum for NICET II
1621	certification; after July 1, 2008, the technical curriculum is
1622	at the discretion of the State Fire Marshal and may be used to
1623	meet the maintenance of NICET Level II certification and 8
1624	contact hours of continuing education requirements. It is the
1625	responsibility of the permitholder to maintain NICET II
1626	certification or equivalent training and education as determined
1627	by the division as a condition of permit renewal after July 1,
1628	2008.
1629	Section 30. Subsection (4) of section 633.72, Florida
1630	Statutes, is amended to read:
1631	633.72 Florida Fire Code Advisory Council.-
1632	(4) Each appointee shall serve a 4-year term. No member
1633	shall serve more than two consecutive terms one term. No member
1634	of the council shall be paid a salary as such member, but each
1635	shall receive travel and expense reimbursement as provided in s.
1636	112.061.
1637	Section 31. Subsection (6) of section 718.113, Florida
1638	Statutes, is repealed.
1639	Section 32. The Florida Building Commission shall revise
1640	the Florida Building Code in order to make it consistent with
1641	the revisions made by this act to s. 399.02, Florida Statutes.
1642	Section 33. Except as otherwise expressly provided in this
1643	act, this act shall take effect July 1, 2010.

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