Bill Text: FL H0849 | 2011 | Regular Session | Engrossed

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Bill Title: Building Construction and Inspection

Sponsorship: Partisan Bill (Republican 3)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1003 [H0849 Detail]

Download: Florida-2011-H0849-Engrossed.html

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CS/CS/CS/HB 849

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A bill to be entitled

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An act relating to building construction and inspection;

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amending s. 120.541, F.S.; exempting rules that adopt

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federal standards and certain updates of or amendments to

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the Florida Building Code or Florida Fire Prevention Code

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from a requirement that the Legislature ratify any rule

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that has an adverse impact or regulatory costs which

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exceed certain criteria; deleting an exemption for

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emergency rules and rules that adopt federal standards

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from a requirement that an agency's statement of a rule's

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estimated regulatory costs include an economic analysis of

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the rule's adverse impacts and regulatory costs; amending

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s. 161.053, F.S.; prohibiting the Florida Building

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Commission from adopting rules that limit any exceptions

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or exemptions provided for modifications or repairs of

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existing structures within the limits of an existing

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foundation under certain circumstances; amending s.

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255.252, F.S.; conforming provisions to changes made by

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the act; amending s. 255.253, F.S.; redefining the term

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"sustainable building rating" to include a national model

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green building code; amending ss. 255.257 and 255.2575,

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F.S.; requiring that state agencies, local governments,

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and the court system adopt a sustainable building rating

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system or use a national model green building code for new

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and renovated buildings; amending s. 468.8316, F.S.;

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revising the continuing education requirements for

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licensed home inspectors; amending s. 468.8319, F.S.;

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deleting an exemption for certain contractors from the

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prohibition against performing repairs on a home that has

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a home inspection report; deleting an obsolete provision;

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amending s. 468.8323, F.S.; clarifying a provision

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relating to the contents of a home inspection report;

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amending s. 468.8324, F.S.; providing alternative criteria

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for obtaining a home inspector's license; removing certain

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application requirements for a person who performs home

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inspection services and who qualifies for licensure on or

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before a specified date; amending s. 468.841, F.S.; adding

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licensed home inspectors to those who are exempt from

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complying with provisions related to mold assessment;

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amending s. 481.329, F.S.; providing that part II of ch.

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481, F.S., does not preclude any person who engages in the

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business of landscape design from submitting such plans to

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governmental agencies for approval; amending s. 489.103,

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F.S.; clarifying an exemption from construction

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contracting regulation relating to Habitat for Humanity;

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amending s. 489.105, F.S.; adding the term "glass and

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glazing contractors" to the definition of the term

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"contractor"; amending ss. 489.107 and 489.141, F.S.;

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conforming cross-references; amending s. 514.028, F.S.;

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revising the composition of the advisory review board

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relating to public swimming pools and bathing facilities;

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creating s. 514.0315, F.S.; requiring certain public

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swimming pools and spas to be equipped with certain safety

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features; amending s. 527.06, F.S.; prohibiting the

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Department of Agriculture and Consumer Services and other

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state agencies from requiring compliance with certain

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national standards for liquefied petroleum gas tanks

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unless the department or agencies require compliance with

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a specified edition of the national standards; providing

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for repeal under certain circumstances; amending s.

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527.21, F.S.; revising the term "propane" for purposes of

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the Florida Propane Gas Education, Safety, and Research

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Act, to incorporate changes to certain national standards

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in a reference thereto; amending s. 553.502, F.S.;

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revising intent with respect to the Florida Americans with

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Disabilities Act; amending s. 553.503, F.S.; incorporating

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the Americans with Disabilities Act Standards for

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Accessible Design into state law by reference and

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directing that they be adopted by rule into the Florida

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Accessibility Code for Building Construction; amending s.

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553.504, F.S.; revising exceptions to incorporate the

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standards; amending s. 553.5041, F.S.; revising provisions

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relating to parking spaces for persons who have

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disabilities to incorporate the standards; amending ss.

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553.505 and 553.506, F.S.; conforming provisions to

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changes made by the act; amending s. 553.507, F.S.;

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providing for the applicability of the act; amending s.

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553.509, F.S.; revising provisions relating to vertical

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accessibility to incorporate the standards; providing that

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buildings and facilities in this state do not have to

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comply with the changes provided by this act until the

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Florida Accessibility Code for Building Construction is

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updated; amending s. 553.73, F.S.; revising requirements

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relating to the Florida Building Code; specifying national

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codes to form the foundation for state building standards

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and codes; revising provisions for the amendment or

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modification of the foundation code; revising the criteria

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for approval by the Florida Building Commission of

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technical amendments to the code; exempting certain

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storage sheds from door height and width requirements;

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amending s. 553.74, F.S.; revising requirements for

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selecting a member of the Florida Building Commission;

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amending s. 553.842, F.S.; providing for the approval of

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certain windstorm products; providing a cause of action

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against any person who advertises, sells, offers,

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provides, distributes, or markets certain products without

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approval; repealing s. 553.9061, F.S., relating to

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requirements for scheduled increases in the energy

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performance of buildings subject to the Florida Energy

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Efficiency Code for Building Construction; amending s.

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553.909, F.S.; revising the requirements and effective

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dates for certain pool-related equipment; amending s.

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627.711, F.S.; revising requirements relating to home

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inspectors conducting hurricane mitigation inspections;

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providing effective dates.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (4) of section 120.541, Florida

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Statutes, as amended by chapter 2010-279, Laws of Florida, is

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amended to read:

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     120.541  Statement of estimated regulatory costs.-

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     (3)  If the adverse impact or regulatory costs of the rule

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exceed any of the criteria established in paragraph (2)(a), the

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rule shall be submitted to the President of the Senate and

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Speaker of the House of Representatives no later than 30 days

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prior to the next regular legislative session, and the rule may

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not take effect until it is ratified by the Legislature.

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     (4)  Subsection (3) Paragraph (2)(a) does not apply to the

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adoption of:

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     (a)  emergency rules pursuant to s. 120.54(4) or the

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adoption of Federal standards pursuant to s. 120.54(6).

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     (b)  Triennial updates of and amendments to the Florida

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Building Code which are expressly authorized by s. 553.73.

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     (c)  Triennial updates of and amendments to the Florida

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Fire Prevention Code which are expressly authorized by s.

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633.0215.

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     Section 2.  Paragraph (a) of subsection (11) of section

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161.053, Florida Statutes, is amended to read:

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     161.053  Coastal construction and excavation; regulation on

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county basis.-

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     (11)(a)  The coastal construction control requirements

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defined in subsection (1) and the requirements of the erosion

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projections in subsection (5) do not apply to any modification,

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maintenance, or repair of any existing structure within the

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limits of the existing foundation which does not require,

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involve, or include any additions to, or repair or modification

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of, the existing foundation of that structure. Specifically

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excluded from this exemption are seawalls or other rigid coastal

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or shore protection structures and any additions or enclosures

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added, constructed, or installed below the first dwelling floor

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or lowest deck of the existing structure. The Florida Building

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Commission may not adopt any rule having the effect of limiting

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any exceptions or exemptions contained within this paragraph.

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     Section 3.  Subsections (3) and (4) of section 255.252,

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Florida Statutes, are amended to read:

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     255.252  Findings and intent.-

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     (3)  In order for that such energy-efficiency and

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sustainable materials considerations to become a function of

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building design and a model for future application in the

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private sector, it is shall be the policy of the state that

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buildings constructed and financed by the state be designed and

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constructed to comply with a sustainable building rating or a

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national model green building code the United States Green

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Building Council (USGBC) Leadership in Energy and Environmental

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Design (LEED) rating system, the Green Building Initiative's

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Green Globes rating system, the Florida Green Building Coalition

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standards, or a nationally recognized, high-performance green

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building rating system as approved by the department. It is

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further the policy of the state, if when economically feasible,

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to retrofit existing state-owned buildings in a manner that

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minimizes which will minimize the consumption of energy used in

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the operation and maintenance of such buildings.

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     (4)  In addition to designing and constructing new

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buildings to be energy-efficient, it is shall be the policy of

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the state to operate and maintain state facilities in a manner

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that minimizes which will minimize energy consumption and

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maximizes maximize building sustainability, and to operate as

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well as ensure that facilities leased by the state are operated

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so as to minimize energy use. It is further the policy of the

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state that the renovation of existing state facilities be in

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accordance with a sustainable building rating or a national

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model green building code the United States Green Building

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Council (USGBC) Leadership in Energy and Environmental Design

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(LEED) rating system, the Green Building Initiative's Green

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Globes rating system, the Florida Green Building Coalition

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standards, or a nationally recognized, high-performance green

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building rating system as approved by the department. State

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agencies are encouraged to consider shared savings financing of

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such energy-efficiency and conservation projects, using

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contracts that which split the resulting savings for a specified

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period of time between the state agency and the private firm or

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cogeneration contracts and that which otherwise permit the state

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to lower its net energy costs. Such energy contracts may be

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funded from the operating budget.

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     Section 4.  Subsection (7) of section 255.253, Florida

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Statutes, is amended to read:

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     255.253  Definitions; ss. 255.251-255.258.-

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     (7)  "Sustainable building rating or national model green

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building code" rating" means a rating system established by the

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United States Green Building Council (USGBC) Leadership in

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Energy and Environmental Design (LEED) rating system, the

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International Green Construction Code (IGCC), the Green Building

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Initiative's Green Globes rating system, the Florida Green

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Building Coalition standards, or a nationally recognized, high-

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performance green building rating system as approved by the

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department.

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     Section 5.  Subsection (4) of section 255.257, Florida

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Statutes, is amended to read:

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     255.257  Energy management; buildings occupied by state

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agencies.-

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     (4)  ADOPTION OF STANDARDS.-

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     (a)  All state agencies shall adopt a sustainable building

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rating system or use a national model green building code the

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United States Green Building Council (USGBC) Leadership in

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Energy and Environmental Design (LEED) rating system, the Green

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Building Initiative's Green Globes rating system, the Florida

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Green Building Coalition standards, or a nationally recognized,

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high-performance green building rating system as approved by the

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department for all new buildings and renovations to existing

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buildings.

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     (b)  No state agency shall enter into new leasing

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agreements for office space that does not meet Energy Star

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building standards, except when determined by the appropriate

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state agency head determines that no other viable or cost-

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effective alternative exists.

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     (c)  All state agencies shall develop energy conservation

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measures and guidelines for new and existing office space where

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state agencies occupy more than 5,000 square feet. These

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conservation measures shall focus on programs that may reduce

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energy consumption and, when established, provide a net

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reduction in occupancy costs.

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     Section 6.  Subsection (2) of section 255.2575, Florida

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Statutes, is amended to read:

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     255.2575  Energy-efficient and sustainable buildings.-

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     (2)  All county, municipal, school district, water

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management district, state university, community college, and

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Florida state court buildings shall be constructed to comply

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with a sustainable building rating system or a national model

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green building code meet the United States Green Building

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Council (USGBC) Leadership in Energy and Environmental Design

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(LEED) rating system, the Green Building Initiative's Green

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Globes rating system, the Florida Green Building Coalition

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standards, or a nationally recognized, high-performance green

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building rating system as approved by the Department of

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Management Services. This section applies shall apply to all

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county, municipal, school district, water management district,

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state university, community college, and Florida state court

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buildings the architectural plans of which are commenced after

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July 1, 2008.

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     Section 7.  Subsection (1) of section 468.8316, Florida

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Statutes, is amended to read:

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     468.8316  Continuing education.-

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     (1)  The department may not renew a license until the

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licensee submits proof satisfactory to the department that

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during the 2 years before prior to his or her application for

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renewal the licensee has completed at least 14 hours of

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continuing education. Of the 14 hours, at least 2 hours must be

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in hurricane mitigation training that includes hurricane

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mitigation techniques and compliance with the uniform mitigation

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verification inspection form developed under s. 627.711(2). The

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department shall adopt rules establishing criteria for approving

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continuing education providers and courses course content shall

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be approved by the department by rule.

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     Section 8.  Paragraph (f) of subsection (1) and subsection

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(3) of section 468.8319, Florida Statutes, are amended to read:

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     468.8319  Prohibitions; penalties.-

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     (1)  A person may not:

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     (f)  Perform or offer to perform any repairs to a home on

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which the inspector or the inspector's company has prepared a

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home inspection report. This paragraph does not apply to:

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     1.  a home warranty company that is affiliated with or

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retains a home inspector to perform repairs pursuant to a claim

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made under a home warranty contract.

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     2.  A certified contractor who is classified in s.

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489.105(3) as a Division I contractor. However, the department  

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may adopt rules requiring that, if such contractor performs the  

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home inspection and offers to perform the repairs, the contract  

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for repairs provided to the homeowner discloses that he or she  

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has the right to request competitive bids.

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     (3)  This section does not apply to unlicensed activity as

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described in paragraph (1)(a), paragraph(1)(b), or s. 455.228

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that occurs before July 1, 2011.

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     Section 9.  Paragraph (b) of subsection (1) of section

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468.8323, Florida Statutes, is amended to read:

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     468.8323  Home inspection report.-Upon completion of each

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home inspection for compensation, the home inspector shall

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provide a written report prepared for the client.

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     (1)  The home inspector shall report:

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     (b)  If not self-evident, a reason why the system or

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component reported under paragraph (a) is significantly

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deficient or near the end of its service life.

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     Section 10.  Subsections (3) and (4) of section 468.8324,

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Florida Statutes, are renumbered as subsections (2) and (3),

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respectively, and present subsections (1) and (2) of that

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section are amended to read:

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     468.8324  Grandfather clause.-

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     (1)  A person who performs home inspection services may

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qualify for licensure as a home inspector under this part if the

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person submits an application to the department postmarked on or

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before July 1, 2012, which shows that the applicant:

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     (a)  Possesses certification as a one and two family

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dwelling inspector issued by the International Code Council or

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the Southern Building Code Congress International;

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     (b)  Has been certified as a one and two family dwelling

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inspector by the Florida Building Code Administrators and

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Inspectors Board under part XII of this chapter; or

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     (c)  Possesses a Division I contractor license under part I

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of chapter 489.

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     (1)  A person who performs home inspection services as

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defined in this part may qualify for licensure by the department

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as a home inspector if the person submits an application to the

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department postmarked on or before March 1, 2011, which shows

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that the applicant:

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     (a)  Is certified as a home inspector by a state or

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national association that requires, for such certification,

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successful completion of a proctored examination on home

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inspection services and completes at least 14 hours of

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verifiable education on such services; or

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     (b)  Has at least 3 years of experience as a home inspector

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at the time of application and has completed 14 hours of

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verifiable education on home inspection services. To establish

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the 3 years of experience, an applicant must submit at least 120

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home inspection reports prepared by the applicant.

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     (2)  The department may investigate the validity of a home

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inspection report submitted under paragraph (1)(b) and, if the

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applicant submits a false report, may take disciplinary action

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against the applicant under s. 468.832(1)(e) or (g).

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     Section 11.  Paragraph (d) of subsection (1) of section

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468.841, Florida Statutes, is amended to read:

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     468.841  Exemptions.-

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     (1)  The following persons are not required to comply with

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any provisions of this part relating to mold assessment:

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     (d)  Persons or business organizations acting within the

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scope of the respective licenses required under part XV of

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chapter 468, chapter 471, part I of chapter 481, chapter 482,

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chapter 489, or part XV of this chapter, are acting on behalf of

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an insurer under part VI of chapter 626, or are persons in the

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manufactured housing industry who are licensed under chapter

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320, except when any such persons or business organizations hold

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themselves out for hire to the public as a "certified mold

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assessor," "registered mold assessor," "licensed mold assessor,"

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"mold assessor," "professional mold assessor," or any

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combination thereof stating or implying licensure under this

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part.

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     Section 12.  Subsection (5) of section 481.329, Florida

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Statutes, is amended to read:

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     481.329  Exceptions; exemptions from licensure.-

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     (5)  Nothing in this part prohibits any person from

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engaging in the practice of landscape design, as defined in s.

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481.303(7), nor submitting such plans to governmental agencies

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for approval. Persons providing landscape design services shall

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not use the title, term, or designation "landscape architect,"

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"landscape architectural," "landscape architecture," "L.A.,"

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"landscape engineering," or any description tending to convey

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the impression that she or he is a landscape architect unless

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she or he is registered as provided in this part.

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     Section 13.  Subsection (18) of section 489.103, Florida

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Statutes, is amended to read:

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     489.103  Exemptions.-This part does not apply to:

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     (18)  Any one-family, two-family, or three-family residence

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constructed or rehabilitated by Habitat for Humanity

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International, Inc., or its local affiliates. Habitat for

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Humanity International, Inc., or its local affiliates, must:

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     (a)  Obtain all necessary building permits.

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     (b)  Obtain all required building code inspections.

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     (c)  Provide for supervision of all work by an individual

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with construction experience.

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     Section 14.  Subsection (3) of section 489.105, Florida

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Statutes, is amended to read

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     489.105  Definitions.-As used in this part:

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     (3)  "Contractor" means the person who is qualified for,

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and is shall only be responsible for, the project contracted for

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and means, except as exempted in this part, the person who, for

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compensation, undertakes to, submits a bid to, or does himself

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or herself or by others construct, repair, alter, remodel, add

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to, demolish, subtract from, or improve any building or

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structure, including related improvements to real estate, for

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others or for resale to others; and whose job scope is

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substantially similar to the job scope described in one of the

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subsequent paragraphs of this subsection. For the purposes of

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regulation under this part, "demolish" applies only to

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demolition of steel tanks over 50 feet in height; towers over 50

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feet in height; other structures over 50 feet in height, other

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than buildings or residences over three stories tall; and

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buildings or residences over three stories tall. Contractors are

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subdivided into two divisions, Division I, consisting of those

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contractors defined in paragraphs (a)-(c), and Division II,

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consisting of those contractors defined in paragraphs (d)-(r)

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(d)-(q):

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     (a)  "General contractor" means a contractor whose services

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are unlimited as to the type of work which he or she may do, who

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may contract for any activity requiring licensure under this

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part, and who may perform any work requiring licensure under

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this part, except as otherwise expressly provided in s. 489.113.

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     (b)  "Building contractor" means a contractor whose

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services are limited to construction of commercial buildings and

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single-dwelling or multiple-dwelling residential buildings,

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which commercial or residential buildings do not exceed three

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stories in height, and accessory use structures in connection

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therewith or a contractor whose services are limited to

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remodeling, repair, or improvement of any size building if the

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services do not affect the structural members of the building.

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     (c)  "Residential contractor" means a contractor whose

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services are limited to construction, remodeling, repair, or

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improvement of one-family, two-family, or three-family

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residences not exceeding two habitable stories above no more

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than one uninhabitable story and accessory use structures in

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connection therewith.

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     (d)  "Sheet metal contractor" means a contractor whose

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services are unlimited in the sheet metal trade and who has the

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experience, knowledge, and skill necessary for the manufacture,

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fabrication, assembling, handling, erection, installation,

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dismantling, conditioning, adjustment, insulation, alteration,

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repair, servicing, or design, if when not prohibited by law, of

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ferrous or nonferrous metal work of U.S. No. 10 gauge or its

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equivalent or lighter gauge and of other materials, including,

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but not limited to, fiberglass, used in lieu thereof and of air-

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handling systems, including the setting of air-handling

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equipment and reinforcement of same, the balancing of air-

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handling systems, and any duct cleaning and equipment sanitizing

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that which requires at least a partial disassembling of the

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system.

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     (e)  "Roofing contractor" means a contractor whose services

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are unlimited in the roofing trade and who has the experience,

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knowledge, and skill to install, maintain, repair, alter,

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extend, or design, if when not prohibited by law, and use

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materials and items used in the installation, maintenance,

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extension, and alteration of all kinds of roofing,

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waterproofing, and coating, except when coating is not

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represented to protect, repair, waterproof, stop leaks, or

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extend the life of the roof. The scope of work of a roofing

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contractor also includes required roof-deck attachments and any

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repair or replacement of wood roof sheathing or fascia as needed

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during roof repair or replacement.

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     (f)  "Class A air-conditioning contractor" means a

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contractor whose services are unlimited in the execution of

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contracts requiring the experience, knowledge, and skill to

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install, maintain, repair, fabricate, alter, extend, or design,

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if when not prohibited by law, central air-conditioning,

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refrigeration, heating, and ventilating systems, including duct

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work in connection with a complete system if only to the extent

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such duct work is performed by the contractor as is necessary to

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make complete an air-distribution system, boiler and unfired

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pressure vessel systems, and all appurtenances, apparatus, or

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equipment used in connection therewith, and any duct cleaning

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and equipment sanitizing that which requires at least a partial

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disassembling of the system; to install, maintain, repair,

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fabricate, alter, extend, or design, if when not prohibited by

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law, piping, insulation of pipes, vessels and ducts, pressure

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and process piping, and pneumatic control piping; to replace,

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disconnect, or reconnect power wiring on the load side of the

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dedicated existing electrical disconnect switch; to install,

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disconnect, and reconnect low voltage heating, ventilating, and

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air-conditioning control wiring; and to install a condensate

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drain from an air-conditioning unit to an existing safe waste or

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other approved disposal other than a direct connection to a

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sanitary system. The scope of work for such contractor shall

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also includes include any excavation work incidental thereto,

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but does shall not include any work such as liquefied petroleum

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or natural gas fuel lines within buildings, except for

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disconnecting or reconnecting changeouts of liquefied petroleum

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or natural gas appliances within buildings; potable water lines

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or connections thereto; sanitary sewer lines; swimming pool

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piping and filters; or electrical power wiring.

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     (g)  "Class B air-conditioning contractor" means a

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contractor whose services are limited to 25 tons of cooling and

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500,000 Btu of heating in any one system in the execution of

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contracts requiring the experience, knowledge, and skill to

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install, maintain, repair, fabricate, alter, extend, or design,

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if when not prohibited by law, central air-conditioning,

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refrigeration, heating, and ventilating systems, including duct

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work in connection with a complete system only to the extent

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such duct work is performed by the contractor as is necessary to

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make complete an air-distribution system being installed under

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this classification, and any duct cleaning and equipment

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sanitizing that which requires at least a partial disassembling

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of the system; to install, maintain, repair, fabricate, alter,

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extend, or design, if when not prohibited by law, piping and

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insulation of pipes, vessels, and ducts; to replace, disconnect,

471

or reconnect power wiring on the load side of the dedicated

472

existing electrical disconnect switch; to install, disconnect,

473

and reconnect low voltage heating, ventilating, and air-

474

conditioning control wiring; and to install a condensate drain

475

from an air-conditioning unit to an existing safe waste or other

476

approved disposal other than a direct connection to a sanitary

477

system. The scope of work for such contractor shall also

478

includes include any excavation work incidental thereto, but

479

does shall not include any work such as liquefied petroleum or

480

natural gas fuel lines within buildings, except for

481

disconnecting or reconnecting changeouts of liquefied petroleum

482

or natural gas appliances within buildings; potable water lines

483

or connections thereto; sanitary sewer lines; swimming pool

484

piping and filters; or electrical power wiring.

485

     (h)  "Class C air-conditioning contractor" means a

486

contractor whose business is limited to the servicing of air-

487

conditioning, heating, or refrigeration systems, including any

488

duct cleaning and equipment sanitizing that which requires at

489

least a partial disassembling of the system, and whose

490

certification or registration, issued pursuant to this part, was

491

valid on October 1, 1988. Only a No person who was not

492

previously registered or certified as a Class C air-conditioning

493

contractor as of October 1, 1988, shall be so registered or

494

certified after October 1, 1988. However, the board shall

495

continue to license and regulate those Class C air-conditioning

496

contractors who held Class C licenses before prior to October 1,

497

1988.

498

     (i)  "Mechanical contractor" means a contractor whose

499

services are unlimited in the execution of contracts requiring

500

the experience, knowledge, and skill to install, maintain,

501

repair, fabricate, alter, extend, or design, if when not

502

prohibited by law, central air-conditioning, refrigeration,

503

heating, and ventilating systems, including duct work in

504

connection with a complete system if only to the extent such

505

duct work is performed by the contractor as is necessary to make

506

complete an air-distribution system, boiler and unfired pressure

507

vessel systems, lift station equipment and piping, and all

508

appurtenances, apparatus, or equipment used in connection

509

therewith, and any duct cleaning and equipment sanitizing that

510

which requires at least a partial disassembling of the system;

511

to install, maintain, repair, fabricate, alter, extend, or

512

design, if when not prohibited by law, piping, insulation of

513

pipes, vessels and ducts, pressure and process piping, pneumatic

514

control piping, gasoline tanks and pump installations and piping

515

for same, standpipes, air piping, vacuum line piping, oxygen

516

lines, nitrous oxide piping, ink and chemical lines, fuel

517

transmission lines, liquefied petroleum gas lines within

518

buildings, and natural gas fuel lines within buildings; to

519

replace, disconnect, or reconnect power wiring on the load side

520

of the dedicated existing electrical disconnect switch; to

521

install, disconnect, and reconnect low voltage heating,

522

ventilating, and air-conditioning control wiring; and to install

523

a condensate drain from an air-conditioning unit to an existing

524

safe waste or other approved disposal other than a direct

525

connection to a sanitary system. The scope of work for such

526

contractor shall also includes include any excavation work

527

incidental thereto, but does shall not include any work such as

528

potable water lines or connections thereto, sanitary sewer

529

lines, swimming pool piping and filters, or electrical power

530

wiring.

531

     (j)  "Commercial pool/spa contractor" means a contractor

532

whose scope of work involves, but is not limited to, the

533

construction, repair, and servicing of any swimming pool, or hot

534

tub or spa, whether public, private, or otherwise, regardless of

535

use. The scope of work includes the installation, repair, or

536

replacement of existing equipment, any cleaning or equipment

537

sanitizing that which requires at least a partial disassembling,

538

excluding filter changes, and the installation of new pool/spa

539

equipment, interior finishes, the installation of package pool

540

heaters, the installation of all perimeter piping and filter

541

piping, and the construction of equipment rooms or housing for

542

pool/spa equipment, and also includes the scope of work of a

543

swimming pool/spa servicing contractor. The scope of such work

544

does not include direct connections to a sanitary sewer system

545

or to potable water lines. The installation, construction,

546

modification, or replacement of equipment permanently attached

547

to and associated with the pool or spa for the purpose of water

548

treatment or cleaning of the pool or spa requires licensure;

549

however, the usage of such equipment for the purposes of water

550

treatment or cleaning does shall not require licensure unless

551

the usage involves construction, modification, or replacement of

552

such equipment. Water treatment that does not require such

553

equipment does not require a license. In addition, a license is

554

shall not be required for the cleaning of the pool or spa in a

555

any way that does not affect the structural integrity of the

556

pool or spa or its associated equipment.

557

     (k)  "Residential pool/spa contractor" means a contractor

558

whose scope of work involves, but is not limited to, the

559

construction, repair, and servicing of a any residential

560

swimming pool, or hot tub or spa, regardless of use. The scope

561

of work includes the installation, repair, or replacement of

562

existing equipment, any cleaning or equipment sanitizing that

563

which requires at least a partial disassembling, excluding

564

filter changes, and the installation of new pool/spa equipment,

565

interior finishes, the installation of package pool heaters, the

566

installation of all perimeter piping and filter piping, and the

567

construction of equipment rooms or housing for pool/spa

568

equipment, and also includes the scope of work of a swimming

569

pool/spa servicing contractor. The scope of such work does not

570

include direct connections to a sanitary sewer system or to

571

potable water lines. The installation, construction,

572

modification, or replacement of equipment permanently attached

573

to and associated with the pool or spa for the purpose of water

574

treatment or cleaning of the pool or spa requires licensure;

575

however, the usage of such equipment for the purposes of water

576

treatment or cleaning does shall not require licensure unless

577

the usage involves construction, modification, or replacement of

578

such equipment. Water treatment that does not require such

579

equipment does not require a license. In addition, a license is

580

shall not be required for the cleaning of the pool or spa in a

581

any way that does not affect the structural integrity of the

582

pool or spa or its associated equipment.

583

     (l)  "Swimming pool/spa servicing contractor" means a

584

contractor whose scope of work involves, but is not limited to,

585

the repair and servicing of a any swimming pool, or hot tub or

586

spa, whether public or private, or otherwise, regardless of use.

587

The scope of work includes the repair or replacement of existing

588

equipment, any cleaning or equipment sanitizing that which

589

requires at least a partial disassembling, excluding filter

590

changes, and the installation of new pool/spa equipment,

591

interior refinishing, the reinstallation or addition of pool

592

heaters, the repair or replacement of all perimeter piping and

593

filter piping, the repair of equipment rooms or housing for

594

pool/spa equipment, and the substantial or complete draining of

595

a swimming pool, or hot tub or spa, for the purpose of any

596

repair or renovation. The scope of such work does not include

597

direct connections to a sanitary sewer system or to potable

598

water lines. The installation, construction, modification,

599

substantial or complete disassembly, or replacement of equipment

600

permanently attached to and associated with the pool or spa for

601

the purpose of water treatment or cleaning of the pool or spa

602

requires licensure; however, the usage of such equipment for the

603

purposes of water treatment or cleaning does shall not require

604

licensure unless the usage involves construction, modification,

605

substantial or complete disassembly, or replacement of such

606

equipment. Water treatment that does not require such equipment

607

does not require a license. In addition, a license is shall not

608

be required for the cleaning of the pool or spa in a any way

609

that does not affect the structural integrity of the pool or spa

610

or its associated equipment.

611

     (m)  "Plumbing contractor" means a contractor whose

612

contracting business consists of the execution of contracts

613

requiring the experience, financial means, knowledge, and skill

614

to install, maintain, repair, alter, extend, or, if when not

615

prohibited by law, design plumbing. A plumbing contractor may

616

install, maintain, repair, alter, extend, or, if when not

617

prohibited by law, design the following without obtaining an any

618

additional local regulatory license, certificate, or

619

registration: sanitary drainage or storm drainage facilities;

620

venting systems; public or private water supply systems; septic

621

tanks; drainage and supply wells; swimming pool piping;

622

irrigation systems; or solar heating water systems and all

623

appurtenances, apparatus, or equipment used in connection

624

therewith, including boilers and pressure process piping and

625

including the installation of water, natural gas, liquefied

626

petroleum gas and related venting, and storm and sanitary sewer

627

lines; and water and sewer plants and substations. The scope of

628

work of the plumbing contractor also includes the design, if

629

when not prohibited by law, and installation, maintenance,

630

repair, alteration, or extension of air-piping, vacuum line

631

piping, oxygen line piping, nitrous oxide piping, and all

632

related medical gas systems; fire line standpipes and fire

633

sprinklers if to the extent authorized by law; ink and chemical

634

lines; fuel oil and gasoline piping and tank and pump

635

installation, except bulk storage plants; and pneumatic control

636

piping systems, all in such a manner that complies as to comply

637

with all plans, specifications, codes, laws, and regulations

638

applicable. The scope of work of the plumbing contractor applies

639

shall apply to private property and public property, including

640

shall include any excavation work incidental thereto, and

641

includes shall include the work of the specialty plumbing

642

contractor. Such contractor shall subcontract, with a qualified

643

contractor in the field concerned, all other work incidental to

644

the work but which is specified herein as being the work of a

645

trade other than that of a plumbing contractor. Nothing in This

646

definition does not shall be construed to limit the scope of

647

work of any specialty contractor certified pursuant to s.

648

489.113(6), and does not. Nothing in this definition shall be

649

construed to require certification or registration under this

650

part of any authorized employee of a public natural gas utility

651

or of a private natural gas utility regulated by the Public

652

Service Commission when disconnecting and reconnecting water

653

lines in the servicing or replacement of an existing water

654

heater.

655

     (n)  "Underground utility and excavation contractor" means

656

a contractor whose services are limited to the construction,

657

installation, and repair, on public or private property, whether

658

accomplished through open excavations or through other means,

659

including, but not limited to, directional drilling, auger

660

boring, jacking and boring, trenchless technologies, wet and dry

661

taps, grouting, and slip lining, of main sanitary sewer

662

collection systems, main water distribution systems, storm sewer

663

collection systems, and the continuation of utility lines from

664

the main systems to a point of termination up to and including

665

the meter location for the individual occupancy, sewer

666

collection systems at property line on residential or single-

667

occupancy commercial properties, or on multioccupancy properties

668

at manhole or wye lateral extended to an invert elevation as

669

engineered to accommodate future building sewers, water

670

distribution systems, or storm sewer collection systems at storm

671

sewer structures. However, an underground utility and excavation

672

contractor may install empty underground conduits in rights-of-

673

way, easements, platted rights-of-way in new site development,

674

and sleeves for parking lot crossings no smaller than 2 inches

675

in diameter if, provided that each conduit system installed is

676

designed by a licensed professional engineer or an authorized

677

employee of a municipality, county, or public utility and that

678

the installation of any such conduit does not include

679

installation of any conductor wiring or connection to an

680

energized electrical system. An underground utility and

681

excavation contractor may shall not install any piping that is

682

an integral part of a fire protection system as defined in s.

683

633.021 beginning at the point where the piping is used

684

exclusively for such system.

685

     (o)  "Solar contractor" means a contractor whose services

686

consist of the installation, alteration, repair, maintenance,

687

relocation, or replacement of solar panels for potable solar

688

water heating systems, swimming pool solar heating systems, and

689

photovoltaic systems and any appurtenances, apparatus, or

690

equipment used in connection therewith, whether public, private,

691

or otherwise, regardless of use. A contractor, certified or

692

registered pursuant to the provisions of this chapter, is not

693

required to become a certified or registered solar contractor or

694

to contract with a solar contractor in order to provide any

695

services enumerated in this paragraph that are within the scope

696

of the services such contractors may render under this part.

697

     (p)  "Pollutant storage systems contractor" means a

698

contractor whose services are limited to, and who has the

699

experience, knowledge, and skill to install, maintain, repair,

700

alter, extend, or design, if when not prohibited by law, and use

701

materials and items used in the installation, maintenance,

702

extension, and alteration of, pollutant storage tanks. Any

703

person installing a pollutant storage tank shall perform such

704

installation in accordance with the standards adopted pursuant

705

to s. 376.303.

706

     (q)  "Glass and glazing contractor" means a contractor

707

whose services are unlimited in the execution of contracts

708

requiring the experience, knowledge, and skill to install,

709

attach, maintain, repair, fabricate, alter, extend, or design,

710

in residential and commercial applications without any height

711

restrictions, all types of windows, glass, and mirrors, whether

712

fixed or movable; swinging or sliding glass doors attached to

713

existing walls, floors, columns, or other structural members of

714

the building; glass holding or supporting mullions or horizontal

715

bars; structurally anchored impact-resistant opening protection

716

attached to existing building walls, floors, columns, or other

717

structural members of the building; prefabricated glass, metal,

718

or plastic curtain walls; storefront frames or panels; shower

719

and tub enclosures; metal fascias; and caulking incidental to

720

such work and assembly.

721

     (r)(q)  "Specialty contractor" means a contractor whose

722

scope of work and responsibility is limited to a particular

723

phase of construction established in a category adopted by board

724

rule and whose scope is limited to a subset of the activities

725

described in one of the paragraphs of this subsection.

726

     Section 15.  Paragraphs (b) and (c) of subsection (4) of

727

section 489.107, Florida Statutes, are amended to read:

728

     489.107  Construction Industry Licensing Board.-

729

     (4)  The board shall be divided into two divisions,

730

Division I and Division II.

731

     (b)  Division II is comprised of the roofing contractor,

732

sheet metal contractor, air-conditioning contractor, mechanical

733

contractor, pool contractor, plumbing contractor, and

734

underground utility and excavation contractor members of the

735

board; one of the members appointed pursuant to paragraph

736

(2)(j); and one of the members appointed pursuant to paragraph

737

(2)(k). Division II has jurisdiction over the regulation of

738

contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).

739

     (c)  Jurisdiction for the regulation of specialty

740

contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie

741

with the division having jurisdiction over the scope of work of

742

the specialty contractor as defined by board rule.

743

     Section 16.  Paragraph (g) of subsection (2) of section

744

489.141, Florida Statutes, is amended to read:

745

     489.141  Conditions for recovery; eligibility.-

746

     (2)  A claimant is not qualified to make a claim for

747

recovery from the recovery fund, if:

748

     (g)  The claimant has contracted with a licensee to perform

749

a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)-

750

(q).

751

     Section 17.  Subsection (1) of section 514.028, Florida

752

Statutes, is amended to read:

753

     514.028  Advisory review board.-

754

     (1)  The Governor shall appoint an advisory review board

755

which shall meet as necessary or at least quarterly, to

756

recommend agency action on variance request, rule and policy

757

development, and other technical review problems. The board

758

shall be comprised of the following:

759

     (a)  A representative from the office of licensure and

760

certification of the department.

761

     (b)  A representative from the county health departments.

762

     (c)  Three representatives from the swimming pool

763

construction industry.

764

     (d)  A representative Two representatives from the public

765

lodging industry.

766

     (e)  A representative from a county or local building

767

department.

768

     Section 18.  Section 514.0315, Florida Statutes, is created

769

to read:

770

     514.0315  Required safety features for public swimming

771

pools and spas.-

772

     (1)  A public swimming pool or spa must be equipped with an

773

anti-entrapment system or device that complies with American

774

Society of Mechanical Engineers/American National Standards

775

Institute standard A112.19.8, or any successor standard.

776

     (2)  A public swimming pool or spa built before January 1,

777

1993, with a single main drain other than an unblockable drain

778

must be equipped with at least one of the following features

779

that complies with any American Society of Mechanical Engineers,

780

American National Standards Institute, American Standard for

781

Testing and Materials, or other applicable consumer product

782

safety standard for such system or device and protects against

783

evisceration and body-and-limb suction entrapment:

784

     (a)  A safety vacuum release system that ceases operation

785

of the pump, reverses the circulation flow, or otherwise

786

provides a vacuum release at a suction outlet when a blockage is

787

detected and that has been tested by an independent third party

788

and found to conform to American Society of Mechanical

789

Engineers/American National Standards Institute standard

790

A112.19.17, American Standard for Testing and Materials standard

791

26 F2387, or any successor standard.

792

     (b)  A suction-limiting vent system with a tamper-resistant

793

atmospheric opening.

794

     (c)  A gravity drainage system that uses a collector tank.

795

     (d)  An automatic pump shut-off system.

796

     (e)  A device or system that disables the drain.

797

     (3)  The determination and selection of a feature under

798

subsection (2) for a public swimming pool or spa constructed

799

before January 1, 1993, is at the sole discretion of the owner

800

or operator of the public swimming pool or spa. A licensed

801

contractor described in s. 489.105(3)(j), (k), or (l) must

802

install the feature.

803

     Section 19.  Subsection (3) of section 527.06, Florida

804

Statutes, is amended to read:

805

     527.06  Rules.-

806

     (3)(a)  Rules in substantial conformity with the published

807

standards of the National Fire Protection Association (NFPA) are

808

shall be deemed to be in substantial conformity with the

809

generally accepted standards of safety concerning the same

810

subject matter.

811

     (b)  Notwithstanding any other law, the department or other

812

state agency may not require compliance with the minimum

813

separation distances of NFPA 58 for separation between a

814

liquefied petroleum gas tank and a building, adjoining property

815

line, other liquefied petroleum gas tank, or any source of

816

ignition, except in compliance with the minimum separation

817

distances of the 2011 edition of NFPA 58.

818

     (c)  If the department, the Florida Building Commission as

819

part of the Florida Building Code, and the Office of the State

820

Fire Marshal as part of the Florida Fire Prevention Code each

821

adopt the minimum separation distances of the 2011 edition of

822

NFPA 58 as rules, whether adopted by setting out the minimum

823

separation distances in the text of the rules or through

824

incorporation by reference, this subsection is repealed upon the

825

last effective date of such rules.

826

     Section 20.  Subsection (11) of section 527.21, Florida

827

Statutes, is amended to read:

828

     527.21  Definitions relating to Florida Propane Gas

829

Education, Safety, and Research Act.-As used in ss. 527.20-

830

527.23, the term:

831

     (11)  "Propane" includes propane, butane, mixtures, and

832

liquefied petroleum gas as defined by the National Fire

833

Protection Association (NFPA) Standard 58, For The Storage and

834

Handling of Liquefied Petroleum Gas Code Gases.

835

     Section 21.  Section 553.502, Florida Statutes, is amended

836

to read:

837

     553.502  Intent.-The purpose and intent of this part ss.

838

553.501-553.513 is to incorporate into the law of this state the

839

accessibility requirements of the Americans with Disabilities

840

Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101

841

et seq., and to obtain and maintain United States Department of

842

Justice certification of the Florida Accessibility Code for

843

Building Construction as equivalent to federal standards for

844

accessibility of buildings, structures, and facilities. All

845

state laws, rules, standards, and codes governing facilities

846

covered by the Americans with Disabilities Act Standards for

847

Accessible Design guidelines shall be maintained to assure

848

certification of the state's construction standards and codes.

849

This part Nothing in ss. 553.501-553.513 is not intended to

850

expand or diminish the defenses available to a place of public

851

accommodation or a commercial facility under the Americans with

852

Disabilities Act and the standards federal Americans with

853

Disabilities Act Accessibility Guidelines, including, but not

854

limited to, the readily achievable standard, and the standards

855

applicable to alterations to private buildings or facilities as

856

defined by the standards places of public accommodation.

857

     Section 22.  Section 553.503, Florida Statutes, is amended

858

to read:

859

     553.503  Adoption of federal standards guidelines.-Subject

860

to modifications under this part the exceptions in s. 553.504,

861

the federal Americans with Disabilities Act Standards for

862

Accessible Design Accessibility Guidelines, and related

863

regulations provided as adopted by reference in 28 C.F.R., parts

864

35 and part 36, and 49 C.F.R. part 37 subparts A and D, and

865

Title II of Pub. L. No. 101-336, are hereby adopted and

866

incorporated by reference as the law of this state and shall be

867

incorporated into. The guidelines shall establish the minimum

868

standards for the accessibility of buildings and facilities

869

built or altered within this state. the 1997 Florida

870

Accessibility Code for Building Construction and must be adopted

871

by the Florida Building Commission in accordance with chapter

872

120.

873

     Section 23.  Section 553.504, Florida Statutes, is amended

874

to read:

875

     553.504  Exceptions to applicability of the federal

876

standards guidelines.-Notwithstanding the adoption of the

877

Americans with Disabilities Act Standards for Accessible Design

878

pursuant to Accessibility Guidelines in s. 553.503, all

879

buildings, structures, and facilities in this state must shall

880

meet the following additional requirements if such requirements

881

when they provide increased accessibility:

882

     (1)  All new or altered public buildings and facilities,

883

private buildings and facilities, places of public

884

accommodation, and commercial facilities, as those terms are

885

defined by the standards, subject to this part, ss. 553.501-

886

553.513 which may be frequented in, lived in, or worked in by

887

the public must shall comply with this part ss. 553.501-553.513.

888

     (2)  All new single-family houses, duplexes, triplexes,

889

condominiums, and townhouses shall provide at least one

890

bathroom, located with maximum possible privacy, where bathrooms

891

are provided on habitable grade levels, with a door that has a

892

29-inch clear opening. However, if only a toilet room is

893

provided at grade level, such toilet room must shall have a

894

clear opening of at least not less than 29 inches.

895

     (3)  All required doors and walk-through openings in

896

buildings excluding single-family homes, duplexes, and triplexes

897

not covered by the Americans with Disabilities Act of 1990 or

898

the Fair Housing Act shall have at least 29 inches of clear

899

width except under ss. 553.501-553.513.

900

     (4)  In addition to the requirements in reference 4.8.4 of

901

the guidelines, all landings on ramps shall be not less than 60

902

inches clear, and the bottom of each ramp shall have not less

903

than 72 inches of straight and level clearance.

904

     (5)  All curb ramps shall be designed and constructed in

905

accordance with the following requirements:

906

     (a)  Notwithstanding the requirements of reference 4.8.5.2

907

of the guidelines, handrails on ramps which are not continuous

908

shall extend not less than 18 inches beyond the sloped segment

909

at both the top and bottom, and shall be parallel to the floor

910

or ground surface.

911

     (b)  Notwithstanding the requirements of references 4.3.3

912

and 4.8.3 of the guidelines, curb ramps that are part of a

913

required means of egress shall be not less than 44 inches wide.

914

     (c)  Notwithstanding the requirements of reference 4.7.5 of

915

the guidelines, curb ramps located where pedestrians must use

916

them and all curb ramps which are not protected by handrails or

917

guardrails shall have flared sides with a slope not exceeding a

918

ratio of 1 to 12.

919

     (3)(6)  Notwithstanding the requirements in s. 404.2.9

920

reference 4.13.11 of the standards guidelines, exterior hinged

921

doors must shall be so designed so that such doors can be pushed

922

or pulled open with a force not exceeding 8.5 foot pounds.

923

     (7)  Notwithstanding the requirements in reference 4.33.1

924

of the guidelines, all public food service establishments, all

925

establishments licensed under the Beverage Law for consumption

926

on the premises, and all facilities governed by reference 4.1 of

927

the guidelines shall provide seating or spaces for seating in

928

accordance with the following requirements:

929

     (a)  For the first 100 fixed seats, accessible and usable

930

spaces must be provided consistent with the following table:

931

Capacity of SeatingIn Assembly Areas

Number of RequiredWheelchair Locations

932

1 to 25     1  

933

26 to 50     2  

934

51 to 100     4  

935

936

     (b)  For all remaining fixed seats, there shall be not less

937

than one such accessible and usable space for each 100 fixed

938

seats or fraction thereof.

939

     (8)  Notwithstanding the requirements in references 4.32.1-

940

4.32.4 of the guidelines, all fixed seating in public food

941

service establishments, in establishments licensed under the

942

Beverage Law for consumption on the premises, and in all other

943

facilities governed by reference 4.1 of the guidelines shall be

944

designed and constructed in accordance with the following

945

requirements:

946

     (a)  All aisles adjacent to fixed seating shall provide

947

clear space for wheelchairs.

948

     (b)  Where there are open positions along both sides of

949

such aisles, the aisles shall be not less than 52 inches wide.

950

     (4)(9)  In motels and hotels a number of rooms equaling at

951

least 5 percent of the guest rooms minus the number of

952

accessible rooms required by the standards must guidelines shall

953

provide the following special accessibility features:

954

     (a)  Grab rails in bathrooms and toilet rooms that comply

955

with s. 604.5 4.16.4 of the standards guidelines.

956

     (b)  All beds in designed accessible guest rooms must shall

957

be an open-frame type that allows the to permit passage of lift

958

devices.

959

     (c)  Water closets that comply with section 604.4 of the

960

standards. All standard water closet seats shall be at a height

961

of 15 inches, measured vertically from the finished floor to the

962

top of the seat, with a variation of plus or minus 1/2 inch. A

963

portable or attached raised toilet seat shall be provided in all

964

designated handicapped accessible rooms.

965

966

All buildings, structures, or facilities licensed as a hotel,

967

motel, or condominium pursuant to chapter 509 are shall be

968

subject to the provisions of this subsection. This subsection

969

does not relieve Nothing in this subsection shall be construed

970

as relieving the owner of the responsibility of providing

971

accessible rooms in conformance with ss. 224 and 806 of the

972

standards 9.1-9.5 of the guidelines.

973

     (10)  Notwithstanding the requirements in reference 4.29.2

974

of the guidelines, all detectable warning surfaces required by

975

the guidelines shall be governed by the requirements of American

976

National Standards Institute A117.1-1986.

977

     (11)  Notwithstanding the requirements in references 4.31.2

978

and 4.31.3 of the guidelines, the installation and placement of

979

all public telephones shall be governed by the rules of the

980

Florida Public Service Commission.

981

     (5)(12)  Notwithstanding ss. 213 and 604 of the standards

982

the requirements in references 4.1.3(11) and 4.16-4.23 of the

983

guidelines, required bathing rooms restrooms and toilet rooms in

984

new construction shall be designed and constructed in accordance

985

with the following requirements:

986

     (a)  The wheelchair standard accessible toilet compartment

987

must restroom stall shall contain an accessible lavatory within

988

it, which must be at least the size of such lavatory to be not

989

less than 19 inches wide by 17 inches deep, nominal size, and

990

wall-mounted. The lavatory shall be mounted so as not to overlap

991

the clear floor space areas required by s. 604 of the standards

992

4.17 figure 30(a) of the guidelines for the wheelchair standard

993

accessible toilet compartment stall and to comply with s. 606 of

994

the standards 4.19 of the guidelines. Such lavatories shall be

995

counted as part of the required fixture count for the building.

996

     (b)  The accessible water closet within the wheelchair

997

accessible toilet compartment must shall be located in the

998

corner, diagonal to the door.

999

     (c)  The accessible stall door shall be self-closing.

1000

     (13)  All customer checkout aisles not required by the

1001

guidelines to be handicapped accessible shall have at least 32

1002

inches of clear passage.

1003

     (14)  Turnstiles shall not be used in occupancies which

1004

serve fewer than 100 persons, but turnstiles may be used in

1005

occupancies which serve at least 100 persons if there is an

1006

unlocked alternate passageway on an accessible route affording

1007

not less than 32 inches of clearance, equipped with latching

1008

devices in accordance with the guidelines.

1009

     (6)(15)  Barriers at common or emergency entrances and

1010

exits of business establishments conducting business with the

1011

general public that are existing, under construction, or under

1012

contract for construction which would prevent a person from

1013

using such entrances or exits must shall be removed.

1014

     Section 24.  Section 553.5041, Florida Statutes, is amended

1015

to read:

1016

     553.5041  Parking spaces for persons who have

1017

disabilities.-

1018

     (1)  This section is not intended to expand or diminish the

1019

defenses available to a place of public accommodation under the

1020

Americans with Disabilities Act and the federal Americans with

1021

Disabilities Act Standards for Accessible Design Accessibility

1022

Guidelines, including, but not limited to, the readily

1023

achievable standard, and the standards applicable to alterations

1024

to places of public accommodation and commercial facilities.

1025

Subject to the exceptions described in subsections (2), (4),

1026

(5), and (6), if when the parking and loading zone requirements

1027

of the federal standards and related regulations Americans with

1028

Disabilities Act Accessibility Guidelines (ADAAG), as adopted by

1029

reference in 28 C.F.R. part 36, subparts A and D, and Title II

1030

of Pub. L. No. 101-336, provide increased accessibility, those

1031

requirements are adopted and incorporated by reference as the

1032

law of this state.

1033

     (2)  State agencies and political subdivisions having

1034

jurisdiction over street parking or publicly owned or operated

1035

parking facilities are not required to provide a greater right-

1036

of-way width than would otherwise be planned under regulations,

1037

guidelines, or practices normally applied to new development.

1038

     (3)  Designated accessible If parking spaces are provided

1039

for self-parking by employees or visitors, or both, accessible

1040

spaces shall be provided in each such parking area. Such spaces

1041

shall be designed and marked for the exclusive use of those

1042

individuals who have a severe physical disability and have

1043

permanent or temporary mobility problems that substantially

1044

impair their ability to ambulate and who have been issued either

1045

a disabled parking permit under s. 316.1958 or s. 320.0848 or a

1046

license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.

1047

320.0845.

1048

     (4)  The number of accessible parking spaces must comply

1049

with the parking requirements in ADAAG s. 208 of the standards

1050

4.1 and the following:

1051

     (a)  There must be one accessible parking space in the

1052

immediate vicinity of a publicly owned or leased building that

1053

houses a governmental entity or a political subdivision,

1054

including, but not limited to, state office buildings and

1055

courthouses, if no parking for the public is not provided on the

1056

premises of the building.

1057

     (b)  There must be one accessible parking space for each

1058

150 metered on-street parking spaces provided by state agencies

1059

and political subdivisions.

1060

     (c)  The number of parking spaces for persons who have

1061

disabilities must be increased on the basis of demonstrated and

1062

documented need.

1063

     (5)  Accessible perpendicular and diagonal accessible

1064

parking spaces and loading zones must be designed and located to

1065

conform to in conformance with the guidelines set forth in ADAAG

1066

ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.

1067

A4.6.3 "Universal Parking Design."

1068

     (a)  All spaces must be located on an accessible route that

1069

is at least no less than 44 inches wide so that users are will

1070

not be compelled to walk or wheel behind parked vehicles except

1071

behind his or her own vehicle.

1072

     (b)  Each space must be located on the shortest safely

1073

accessible route from the parking space to an accessible

1074

entrance. If there are multiple entrances or multiple retail

1075

stores, the parking spaces must be dispersed to provide parking

1076

at the nearest accessible entrance. If a theme park or an

1077

entertainment complex as defined in s. 509.013(9) provides

1078

parking in several lots or areas from which access to the theme

1079

park or entertainment complex is provided, a single lot or area

1080

may be designated for parking by persons who have disabilities,

1081

if the lot or area is located on the shortest safely accessible

1082

route to an accessible entrance to the theme park or

1083

entertainment complex or to transportation to such an accessible

1084

entrance.

1085

     (c)1.  Each parking space must be at least no less than 12

1086

feet wide. Parking access aisles must be at least no less than 5

1087

feet wide and must be part of an accessible route to the

1088

building or facility entrance. In accordance with ADAAG s.

1089

4.6.3, access aisles must be placed adjacent to accessible

1090

parking spaces; however, two accessible parking spaces may share

1091

a common access aisle. The access aisle must be striped

1092

diagonally to designate it as a no-parking zone.

1093

     2.  The parking access aisles are reserved for the

1094

temporary exclusive use of persons who have disabled parking

1095

permits and who require extra space to deploy a mobility device,

1096

lift, or ramp in order to exit from or enter a vehicle. Parking

1097

is not allowed in an access aisle. Violators are subject to the

1098

same penalties that are imposed for illegally parking in parking

1099

spaces that are designated for persons who have disabilities. A

1100

vehicle may not be parked in an access aisle, even if the

1101

vehicle owner or passenger is disabled or owns a disabled

1102

parking permit.

1103

     3.  Notwithstanding any other provision of this subsection

1104

to the contrary notwithstanding, a theme park or an

1105

entertainment complex as defined in s. 509.013(9) in which are

1106

provided continuous attendant services are provided for

1107

directing individuals to marked accessible parking spaces or

1108

designated lots for parking by persons who have disabilities,

1109

may, in lieu of the required parking space design, provide

1110

parking spaces that comply with ADAAG ss. 208 and 502 of the

1111

standards 4.1 and 4.6.

1112

     (d)  On-street parallel parking spaces must be located

1113

either at the beginning or end of a block or adjacent to alley

1114

entrances. Such spaces must be designed to conform to in

1115

conformance with the guidelines set forth in ADAAG ss. 208 and

1116

502 of the standards, except that 4.6.2 through 4.6.5,

1117

exception: access aisles are not required. Curbs adjacent to

1118

such spaces must be of a height that does will not interfere

1119

with the opening and closing of motor vehicle doors. This

1120

subsection does not relieve the owner of the responsibility to

1121

comply with the parking requirements of ADAAG ss. 208 and 502 of

1122

the standards 4.1 and 4.6.

1123

     (e)  Parallel parking spaces must be even with surface

1124

slopes, may match the grade of the adjacent travel lane, and

1125

must not exceed a cross slope of 1 to 50, where feasible.

1126

     (f)  Curb ramps must be located outside of the disabled

1127

parking spaces and access aisles.

1128

     (e)(g)1.  The removal of architectural barriers from a

1129

parking facility in accordance with 28 C.F.R. s. 36.304 or with

1130

s. 553.508 must comply with this section unless compliance would

1131

cause the barrier removal not to be readily achievable. If

1132

compliance would cause the barrier removal not to be readily

1133

achievable, a facility may provide parking spaces at alternative

1134

locations for persons who have disabilities and provide

1135

appropriate signage directing such persons who have disabilities

1136

to the alternative parking if readily achievable. The facility

1137

may not reduce the required number or dimensions of those spaces

1138

or, nor may it unreasonably increase the length of the

1139

accessible route from a parking space to the facility. The

1140

removal of an architectural barrier must not create a

1141

significant risk to the health or safety of a person who has a

1142

disability or to that of others.

1143

     2.  A facility that is making alterations under s.

1144

553.507(2)(b) must comply with this section to the maximum

1145

extent feasible. If compliance with parking location

1146

requirements is not feasible, the facility may provide parking

1147

spaces at alternative locations for persons who have

1148

disabilities and provide appropriate signage directing such

1149

persons who have a disability to alternative parking. The

1150

facility may not reduce the required number or dimensions of

1151

those spaces, or nor may it unnecessarily increase the length of

1152

the accessible route from a parking space to the facility. The

1153

alteration must not create a significant risk to the health or

1154

safety of a person who has a disability or to that of others.

1155

     (6)  Each such parking space must be striped in a manner

1156

that is consistent with the standards of the controlling

1157

jurisdiction for other spaces and prominently outlined with blue

1158

paint, and must be repainted when necessary, to be clearly

1159

distinguishable as a parking space designated for persons who

1160

have disabilities. The space and must be posted with a permanent

1161

above-grade sign of a color and design approved by the

1162

Department of Transportation, which is placed on or at least 60

1163

inches above the finished floor or ground surface measured to

1164

the bottom of the sign a distance of 84 inches above the ground

1165

to the bottom of the sign and which bears the international

1166

symbol of accessibility meeting the requirements of ADAAG s.

1167

703.7.2.1 of the standards 4.30.7 and the caption "PARKING BY

1168

DISABLED PERMIT ONLY." Such a sign erected after October 1,

1169

1996, must indicate the penalty for illegal use of the space.

1170

Notwithstanding any other provision of this section to the

1171

contrary notwithstanding, in a theme park or an entertainment

1172

complex as defined in s. 509.013(9) in which accessible parking

1173

is located in designated lots or areas, the signage indicating

1174

the lot as reserved for accessible parking may be located at the

1175

entrances to the lot in lieu of a sign at each parking place.

1176

This subsection does not relieve the owner of the responsibility

1177

of complying with the signage requirements of ADAAG s. 502.6 of

1178

the standards 4.30.

1179

     Section 25.  Section 553.505, Florida Statutes, is amended

1180

to read:

1181

     553.505  Exceptions to applicability of the Americans with

1182

Disabilities Act.-Notwithstanding the Americans with

1183

Disabilities Act of 1990, private clubs are governed by this

1184

part ss. 553.501-553.513. Parking spaces, parking lots, and

1185

other parking facilities are governed by s. 553.5041 when that

1186

section provides increased accessibility.

1187

     Section 26.  Section 553.506, Florida Statutes, is amended

1188

to read:

1189

     553.506  Powers of the commission.-In addition to any other

1190

authority vested in the Florida Building Commission by law, the

1191

commission, in implementing this part ss. 553.501-553.513, may,

1192

by rule, adopt revised and updated versions of the Americans

1193

with Disabilities Act Standards for Accessible Design

1194

Accessibility Guidelines in accordance with chapter 120.

1195

     Section 27.  Section 553.507, Florida Statutes, is amended

1196

to read:

1197

     553.507  Applicability Exemptions.-This part applies to

1198

Sections 553.501-553.513 do not apply to any of the following:

1199

     (1)  All areas of newly designed and newly constructed

1200

buildings and facilities as determined by the federal standards

1201

established and adopted pursuant to s. 553.503. Buildings,

1202

structures, or facilities that were either under construction or

1203

under contract for construction on October 1, 1997.

1204

     (2)  Portions of altered buildings and facilities as

1205

determined by the federal standards established and adopted

1206

pursuant to s. 553.503. Buildings, structures, or facilities

1207

that were in existence on October 1, 1997, unless:

1208

     (a)  The building, structure, or facility is being

1209

converted from residential to nonresidential or mixed use, as

1210

defined by local law;

1211

     (b)  The proposed alteration or renovation of the building,

1212

structure, or facility will affect usability or accessibility to

1213

a degree that invokes the requirements of s. 303(a) of the

1214

Americans with Disabilities Act of 1990; or

1215

     (c)  The original construction or any former alteration or

1216

renovation of the building, structure, or facility was carried

1217

out in violation of applicable permitting law.

1218

     (3)  A building or facility that is being converted from

1219

residential to nonresidential or mixed use as defined by the

1220

Florida Building Code. Such building or facility must, at a

1221

minimum, comply with s. 553.508 and the requirements for

1222

alterations as determined by the federal standards established

1223

and adopted pursuant to s. 553.503.

1224

     (4)  Buildings and facilities where the original

1225

construction or any former alteration or renovation was carried

1226

out in violation of applicable permitting law.

1227

     Section 28.  Section 553.509, Florida Statutes, is amended

1228

to read:

1229

     553.509  Vertical accessibility.-

1230

     (1)  This part and the Americans with Disabilities Act

1231

Standards for Accessible Design do not Nothing in ss. 553.501-

1232

553.513 or the guidelines shall be construed to relieve the

1233

owner of any building, structure, or facility governed by this

1234

part those sections from the duty to provide vertical

1235

accessibility to all levels above and below the occupiable grade

1236

level, regardless of whether the standards guidelines require an

1237

elevator to be installed in such building, structure, or

1238

facility, except for:

1239

     (a)  Elevator pits, elevator penthouses, mechanical rooms,

1240

piping or equipment catwalks, and automobile lubrication and

1241

maintenance pits and platforms.;

1242

     (b)  Unoccupiable spaces, such as rooms, enclosed spaces,

1243

and storage spaces that are not designed for human occupancy,

1244

for public accommodations, or for work areas.; and

1245

     (c)  Occupiable spaces and rooms that are not open to the

1246

public and that house no more than five persons, including, but

1247

not limited to, equipment control rooms and projection booths.

1248

     (d)  Theaters, concert halls, and stadiums, or other large

1249

assembly areas that have stadium-style seating or tiered seating

1250

if ss. 221 and 802 of the standards are met.

1251

     (e)  All play and recreation areas if the requirements of

1252

chapter 10 of the standards are met.

1253

     (f)  All employee areas as exempted in s. 203.9 of the

1254

standards.

1255

     (g)  Facilities, sites, and spaces exempted by s. 203 of

1256

the standards.

1257

     (2)(a)  Any person, firm, or corporation that owns,

1258

manages, or operates a residential multifamily dwelling,

1259

including a condominium, that is at least 75 feet high and

1260

contains a public elevator, as described in s. 399.035(2) and

1261

(3) and rules adopted by the Florida Building Commission, shall

1262

have at least one public elevator that is capable of operating

1263

on an alternate power source for emergency purposes. Alternate

1264

power shall be available for the purpose of allowing all

1265

residents access for a specified number of hours each day over a

1266

5-day period following a natural disaster, manmade disaster,

1267

emergency, or other civil disturbance that disrupts the normal

1268

supply of electricity. The alternate power source that controls

1269

elevator operations must also be capable of powering any

1270

connected fire alarm system in the building.

1271

     (b)  At a minimum, the elevator must be appropriately

1272

prewired and prepared to accept an alternate power source and

1273

must have a connection on the line side of the main disconnect,

1274

pursuant to National Electric Code Handbook, Article 700. In

1275

addition to the required power source for the elevator and

1276

connected fire alarm system in the building, the alternate power

1277

supply must be sufficient to provide emergency lighting to the

1278

interior lobbies, hallways, and other portions of the building

1279

used by the public. Residential multifamily dwellings must have

1280

an available generator and fuel source on the property or have

1281

proof of a current contract posted in the elevator machine room

1282

or other place conspicuous to the elevator inspector affirming a

1283

current guaranteed service contract for such equipment and fuel

1284

source to operate the elevator on an on-call basis within 24

1285

hours after a request. By December 31, 2006, any person, firm or

1286

corporation that owns, manages, or operates a residential

1287

multifamily dwelling as defined in paragraph (a) must provide to

1288

the local building inspection agency verification of engineering

1289

plans for residential multifamily dwellings that provide for the

1290

capability to generate power by alternate means. Compliance with

1291

installation requirements and operational capability

1292

requirements must be verified by local building inspectors and

1293

reported to the county emergency management agency by December

1294

31, 2007.

1295

     (c)  Each newly constructed residential multifamily

1296

dwelling, including a condominium, that is at least 75 feet high

1297

and contains a public elevator, as described in s. 399.035(2)

1298

and (3) and rules adopted by the Florida Building Commission,

1299

must have at least one public elevator that is capable of

1300

operating on an alternate power source for the purpose of

1301

allowing all residents access for a specified number of hours

1302

each day over a 5-day period following a natural disaster,

1303

manmade disaster, emergency, or other civil disturbance that

1304

disrupts the normal supply of electricity. The alternate power

1305

source that controls elevator operations must be capable of

1306

powering any connected fire alarm system in the building. In

1307

addition to the required power source for the elevator and

1308

connected fire alarm system, the alternate power supply must be

1309

sufficient to provide emergency lighting to the interior

1310

lobbies, hallways, and other portions of the building used by

1311

the public. Engineering plans and verification of operational

1312

capability must be provided by the local building inspector to

1313

the county emergency management agency before occupancy of the

1314

newly constructed building.

1315

     (d)  Each person, firm, or corporation that is required to

1316

maintain an alternate power source under this subsection shall

1317

maintain a written emergency operations plan that details the

1318

sequence of operations before, during, and after a natural or

1319

manmade disaster or other emergency situation. The plan must

1320

include, at a minimum, a lifesafety plan for evacuation,

1321

maintenance of the electrical and lighting supply, and

1322

provisions for the health, safety, and welfare of the residents.

1323

In addition, the owner, manager, or operator of the residential

1324

multifamily dwelling must keep written records of any contracts

1325

for alternative power generation equipment. Also, quarterly

1326

inspection records of lifesafety equipment and alternate power

1327

generation equipment must be posted in the elevator machine room

1328

or other place conspicuous to the elevator inspector, which

1329

confirm that such equipment is properly maintained and in good

1330

working condition, and copies of contracts for alternate power

1331

generation equipment shall be maintained on site for

1332

verification. The written emergency operations plan and

1333

inspection records shall also be open for periodic inspection by

1334

local and state government agencies as deemed necessary. The

1335

owner or operator must keep a generator key in a lockbox posted

1336

at or near any installed generator unit.

1337

     (e)  Multistory affordable residential dwellings for

1338

persons age 62 and older that are financed or insured by the

1339

United States Department of Housing and Urban Development must

1340

make every effort to obtain grant funding from the Federal

1341

Government or the Florida Housing Finance Corporation to comply

1342

with this subsection. If an owner of such a residential dwelling

1343

cannot comply with the requirements of this subsection, the

1344

owner must develop a plan with the local emergency management

1345

agency to ensure that residents are evacuated to a place of

1346

safety in the event of a power outage resulting from a natural

1347

or manmade disaster or other emergency situation that disrupts

1348

the normal supply of electricity for an extended period of time.

1349

A place of safety may include, but is not limited to, relocation

1350

to an alternative site within the building or evacuation to a

1351

local shelter.

1352

     (f)  As a part of the annual elevator inspection required

1353

under s. 399.061, certified elevator inspectors shall confirm

1354

that all installed generators required by this chapter are in

1355

working order, have current inspection records posted in the

1356

elevator machine room or other place conspicuous to the elevator

1357

inspector, and that the required generator key is present in the

1358

lockbox posted at or near the installed generator. If a building

1359

does not have an installed generator, the inspector shall

1360

confirm that the appropriate prewiring and switching

1361

capabilities are present and that a statement is posted in the

1362

elevator machine room or other place conspicuous to the elevator

1363

inspector affirming a current guaranteed contract exists for

1364

contingent services for alternate power is current for the

1365

operating period.

1366

     (2)  However, buildings, structures, and facilities must,

1367

as a minimum, comply with the requirements in the Americans with

1368

Disabilities Act Standards for Accessible Design Accessibility

1369

Guidelines.

1370

     Section 29.  Consistent with the federal implementation of

1371

the 2010 Americans with Disabilities Act Standards for

1372

Accessible Design, buildings and facilities in this state may be

1373

designed in conformity with the 2010 standards if the design

1374

also complies with Florida-specific requirements provided in

1375

part II of chapter 553, Florida Statutes, until the Florida

1376

Accessibility Code for Building Construction is updated to

1377

implement the changes to part II of chapter 553, Florida

1378

Statutes, as provided by this Act.

1379

     Section 30.  Effective January 1, 2012, subsections (3),

1380

(7), (8), and (9) and paragraph (h) of subsection (10) of

1381

section 553.73, Florida Statutes, are amended to read:

1382

     553.73  Florida Building Code.-

1383

     (3)  The commission shall use the International Codes

1384

published by the International Code Council, the National

1385

Electric Code (NFPA 70), or other nationally adopted model codes

1386

and standards needed to develop the base code in Florida select

1387

from available national or international model building codes,

1388

or other available building codes and standards currently

1389

recognized by the laws of this state, to form the foundation for

1390

the Florida Building Code. The commission may modify the

1391

selected model codes and standards as needed to accommodate the

1392

specific needs of this state. Standards or criteria referenced

1393

by the selected model codes shall be similarly incorporated by

1394

reference. If a referenced standard or criterion requires

1395

amplification or modification to be appropriate for use in this

1396

state, only the amplification or modification shall be

1397

specifically set forth in the Florida Building Code. The Florida

1398

Building Commission may approve technical amendments to the

1399

code, subject to the requirements of subsections (8) and (9),

1400

after the amendments have been subject to the following

1401

conditions:

1402

     (a)  The proposed amendment has been published on the

1403

commission's website for a minimum of 45 days and all the

1404

associated documentation has been made available to any

1405

interested party before any consideration by a any Technical

1406

Advisory Committee;

1407

     (b)  In order for a Technical Advisory Committee to make a

1408

favorable recommendation to the commission, the proposal must

1409

receive a three-fourths vote of the members present at the

1410

Technical Advisory Committee meeting and at least half of the

1411

regular members must be present in order to conduct a meeting;

1412

     (c)  After Technical Advisory Committee consideration and a

1413

recommendation for approval of any proposed amendment, the

1414

proposal must be published on the commission's website for at

1415

least not less than 45 days before any consideration by the

1416

commission; and

1417

     (d)  A Any proposal may be modified by the commission based

1418

on public testimony and evidence from a public hearing held in

1419

accordance with chapter 120.

1420

1421

The commission shall incorporate within sections of the Florida

1422

Building Code provisions which address regional and local

1423

concerns and variations. The commission shall make every effort

1424

to minimize conflicts between the Florida Building Code, the

1425

Florida Fire Prevention Code, and the Life Safety Code.

1426

     (7)(a)  The commission, by rule adopted pursuant to ss.

1427

120.536(1) and 120.54, shall update the Florida Building Code

1428

every 3 years. When updating the Florida Building Code, the

1429

commission shall select the most current version of the

1430

International Building Code, the International Fuel Gas Code,

1431

the International Mechanical Code, the International Plumbing

1432

Code, and the International Residential Code, all of which are

1433

adopted by the International Code Council, and the National

1434

Electrical Code, which is adopted by the National Fire

1435

Protection Association, to form the foundation codes of the

1436

updated Florida Building Code, if the version has been adopted

1437

by the applicable model code entity. The commission shall select

1438

the most current version of the International Energy

1439

Conservation Code (IECC) as a foundation code; however, the IECC

1440

shall be modified by the commission to maintain the efficiencies

1441

of the Florida Energy Efficiency Code for Building Construction

1442

adopted and amended pursuant to s. 553.901.

1443

     (b)  Codes regarding noise contour lines shall be reviewed

1444

annually, and the most current federal guidelines shall be

1445

adopted.

1446

     (c)  The commission may modify any portion of the

1447

foundation codes only as needed to accommodate the specific

1448

needs of this state, maintaining Florida-specific amendments

1449

previously adopted by the commission and not addressed by the

1450

updated foundation code. Standards or criteria referenced by the

1451

codes shall be incorporated by reference. If a referenced

1452

standard or criterion requires amplification or modification to

1453

be appropriate for use in this state, only the amplification or

1454

modification shall be set forth in the Florida Building Code.

1455

The commission may approve technical amendments to the updated

1456

Florida Building Code after the amendments have been subject to

1457

the conditions set forth in paragraphs (3)(a)-(d). Amendments to

1458

the foundation codes which are adopted in accordance with this

1459

subsection shall be clearly marked in printed versions of the

1460

Florida Building Code so that the fact that the provisions are

1461

Florida-specific amendments to the foundation codes is readily

1462

apparent.

1463

     (d)  The commission shall further consider the commission's

1464

own interpretations, declaratory statements, appellate

1465

decisions, and approved statewide and local technical amendments

1466

and shall incorporate such interpretations, statements,

1467

decisions, and amendments into the updated Florida Building Code

1468

only to the extent that they are needed to modify the foundation

1469

codes to accommodate the specific needs of the state. A change

1470

made by an institute or standards organization to any standard

1471

or criterion that is adopted by reference in the Florida

1472

Building Code does not become effective statewide until it has

1473

been adopted by the commission. Furthermore, the edition of the

1474

Florida Building Code which is in effect on the date of

1475

application for any permit authorized by the code governs the

1476

permitted work for the life of the permit and any extension

1477

granted to the permit.

1478

     (e)  A rule updating the Florida Building Code in

1479

accordance with this subsection shall take effect no sooner than

1480

6 months after publication of the updated code. Any amendment to

1481

the Florida Building Code which is adopted upon a finding by the

1482

commission that the amendment is necessary to protect the public

1483

from immediate threat of harm takes effect immediately.

1484

     (f)  Provisions of the foundation codes, including those

1485

contained in referenced standards and criteria, relating to wind

1486

resistance or the prevention of water intrusion may not be

1487

modified to diminish those construction requirements; however,

1488

the commission may, subject to conditions in this subsection,

1489

modify the provisions to enhance those construction

1490

requirements.

1491

     (g)  Amendments or modifications to the foundation code

1492

pursuant to this subsection shall remain effective only until

1493

the effective date of a new edition of the Florida Building Code

1494

every third year. Amendments or modifications related to state

1495

agency regulations which are adopted and integrated into an

1496

edition of the Florida Building Code shall be carried forward

1497

into the next edition of the code, subject to modification as

1498

provided in this part. Amendments or modifications related to

1499

the wind-resistance design of buildings and structures within

1500

the high-velocity hurricane zone of Miami-Dade and Broward

1501

Counties which are adopted to an edition of the Florida Building

1502

Code do not expire and shall be carried forward into the next

1503

edition of the code, subject to review or modification as

1504

provided in this part. If amendments that expire pursuant to

1505

this paragraph are resubmitted through the Florida Building

1506

Commission code adoption process, the amendments must

1507

specifically address whether:

1508

     1.  The provisions contained in the proposed amendment are

1509

addressed in the applicable international code.

1510

     2.  The amendment demonstrates by evidence or data that the

1511

geographical jurisdiction of Florida exhibits a need to

1512

strengthen the foundation code beyond the needs or regional

1513

variations addressed by the foundation code, and why the

1514

proposed amendment applies to this state.

1515

     3.  The proposed amendment was submitted or attempted to be

1516

included in the foundation codes to avoid resubmission to the

1517

Florida Building Code amendment process.

1518

1519

If the proposed amendment has been addressed in the

1520

international code in a substantially equivalent manner, the

1521

Florida Building Commission may not include the proposed

1522

amendment in the foundation code.

1523

     (8)  Notwithstanding the provisions of subsection (3) or

1524

subsection (7), the commission may address issues identified in

1525

this subsection by amending the code pursuant only to the rule

1526

adoption procedures contained in chapter 120. Provisions of the

1527

Florida Building Code, including those contained in referenced

1528

standards and criteria, relating to wind resistance or the

1529

prevention of water intrusion may not be amended pursuant to

1530

this subsection to diminish those construction requirements;

1531

however, the commission may, subject to conditions in this

1532

subsection, amend the provisions to enhance those construction

1533

requirements. Following the approval of any amendments to the

1534

Florida Building Code by the commission and publication of the

1535

amendments on the commission's website, authorities having

1536

jurisdiction to enforce the Florida Building Code may enforce

1537

the amendments. The commission may approve amendments that are

1538

needed to address:

1539

     (a)  Conflicts within the updated code;

1540

     (b)  Conflicts between the updated code and the Florida

1541

Fire Prevention Code adopted pursuant to chapter 633;

1542

     (c)  The omission of previously adopted Florida-specific

1543

amendments to the updated code if such omission is not supported

1544

by a specific recommendation of a technical advisory committee

1545

or particular action by the commission;

1546

     (c)(d)  Unintended results from the integration of

1547

previously adopted Florida-specific amendments with the model

1548

code;

1549

     (d)(e) Equivalency of standards;

1550

     (e)(f)  Changes to or inconsistencies with federal or state

1551

law; or

1552

     (f)(g)  Adoption of an updated edition of the National

1553

Electrical Code if the commission finds that delay of

1554

implementing the updated edition causes undue hardship to

1555

stakeholders or otherwise threatens the public health, safety,

1556

and welfare.

1557

     (9)(a)  The commission may approve technical amendments to

1558

the Florida Building Code once each year for statewide or

1559

regional application upon a finding that the amendment:

1560

     1.  Is needed in order to accommodate the specific needs of

1561

this state.

1562

     2.  Has a reasonable and substantial connection with the

1563

health, safety, and welfare of the general public.

1564

     3.  Strengthens or improves the Florida Building Code, or

1565

in the case of innovation or new technology, will provide

1566

equivalent or better products or methods or systems of

1567

construction.

1568

     4.  Does not discriminate against materials, products,

1569

methods, or systems of construction of demonstrated

1570

capabilities.

1571

     5.  Does not degrade the effectiveness of the Florida

1572

Building Code.

1573

1574

Furthermore, The Florida Building Commission may approve

1575

technical amendments to the code once each year to incorporate

1576

into the Florida Building Code its own interpretations of the

1577

code which are embodied in its opinions, final orders,

1578

declaratory statements, and interpretations of hearing officer

1579

panels under s. 553.775(3)(c), but shall do so only to the

1580

extent that the incorporation of interpretations is needed to

1581

modify the foundation codes to accommodate the specific needs of

1582

this state. Amendments approved under this paragraph shall be

1583

adopted by rule pursuant to ss. 120.536(1) and 120.54, after the

1584

amendments have been subjected to the provisions of subsection

1585

(3).

1586

     (b)  A proposed amendment must shall include a fiscal

1587

impact statement that which documents the costs and benefits of

1588

the proposed amendment. Criteria for the fiscal impact statement

1589

shall be established by rule by the commission and shall include

1590

the impact to local government relative to enforcement, the

1591

impact to property and building owners, and the impact as well

1592

as to industry, relative to the cost of compliance. The

1593

amendment must demonstrate by evidence or data that the state's

1594

geographical jurisdiction exhibits a need to strengthen the

1595

foundation code beyond the needs or regional variations

1596

addressed by the foundation code and why the proposed amendment

1597

applies to this state.

1598

     (c)  The commission may not approve any proposed amendment

1599

that does not accurately and completely address all requirements

1600

for amendment which are set forth in this section. The

1601

commission shall require all proposed amendments and information

1602

submitted with proposed amendments to be reviewed by commission

1603

staff prior to consideration by any technical advisory

1604

committee. These reviews shall be for sufficiency only and are

1605

not intended to be qualitative in nature. Staff members shall

1606

reject any proposed amendment that fails to include a fiscal

1607

impact statement. Proposed amendments rejected by members of the

1608

staff may not be considered by the commission or any technical

1609

advisory committee.

1610

     (d)  Provisions of the Florida Building Code, including

1611

those contained in referenced standards and criteria, relating

1612

to wind resistance or the prevention of water intrusion may not

1613

be amended pursuant to this subsection to diminish those

1614

construction requirements; however, the commission may, subject

1615

to conditions in this subsection, amend the provisions to

1616

enhance those construction requirements.

1617

     (10)  The following buildings, structures, and facilities

1618

are exempt from the Florida Building Code as provided by law,

1619

and any further exemptions shall be as determined by the

1620

Legislature and provided by law:

1621

     (h)  Storage sheds that are not designed for human

1622

habitation and that have a floor area of 720 square feet or less

1623

are not required to comply with the mandatory wind-borne-debris-

1624

impact standards of the Florida Building Code. In addition, such

1625

buildings that are 400 square feet or less and that are intended

1626

for use in conjunction with one- and two-family residences are

1627

not subject to the door height and width requirements of the

1628

Florida Building Code.

1629

1630

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

1631

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

1632

the Florida Building Commission may, by rule adopted pursuant to

1633

chapter 120, provide for exceptions to the broad categories of

1634

buildings exempted in this section, including exceptions for

1635

application of specific sections of the code or standards

1636

adopted therein. The Department of Agriculture and Consumer

1637

Services shall have exclusive authority to adopt by rule,

1638

pursuant to chapter 120, exceptions to nonresidential farm

1639

buildings exempted in paragraph (c) when reasonably necessary to

1640

preserve public health, safety, and welfare. The exceptions must

1641

be based upon specific criteria, such as under-roof floor area,

1642

aggregate electrical service capacity, HVAC system capacity, or

1643

other building requirements. Further, the commission may

1644

recommend to the Legislature additional categories of buildings,

1645

structures, or facilities which should be exempted from the

1646

Florida Building Code, to be provided by law. The Florida

1647

Building Code does not apply to temporary housing provided by

1648

the Department of Corrections to any prisoner in the state

1649

correctional system.

1650

     Section 31.  Paragraph (v) of subsection (1) of section

1651

553.74, Florida Statutes, is amended to read:

1652

     553.74  Florida Building Commission.-

1653

     (1)  The Florida Building Commission is created and shall

1654

be located within the Department of Community Affairs for

1655

administrative purposes. Members shall be appointed by the

1656

Governor subject to confirmation by the Senate. The commission

1657

shall be composed of 25 members, consisting of the following:

1658

     (v)  One member who is a representative of the green

1659

building industry and who is a third-party commission agent, a

1660

Florida board member of the United States Green Building Council

1661

or Green Building Initiative, a professional who is accredited

1662

under the International Green Construction Code (IGCC), or a

1663

professional who is accredited under Leadership in Energy and

1664

Environmental Design (LEED) LEED-accredited professional.

1665

1666

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

1667

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

1668

two full terms is eligible for reappointment to the commission

1669

regardless of whether he or she meets the new qualification.

1670

     Section 32.  Subsection (5) of section 553.842, Florida

1671

Statutes, is amended to read:

1672

     553.842  Product evaluation and approval.-

1673

     (5)  Statewide approval of products, methods, or systems of

1674

construction may be achieved by one of the following methods.

1675

One of these methods must be used by the commission to approve

1676

the following categories of products: panel walls, exterior

1677

doors, roofing, skylights, windows, shutters, and structural

1678

components as established by the commission by rule. A product

1679

may not be advertised, sold, offered, provided, distributed, or

1680

marketed as hurricane, windstorm, or impact protection from

1681

wind-borne debris from a hurricane or windstorm unless it is

1682

approved pursuant to s. 553.842 or s. 553.8425. Any person who

1683

advertises, sells, offers, provides, distributes, or markets a

1684

product as hurricane, windstorm, or impact protection from wind-

1685

borne debris without such approval is subject to the Florida

1686

Deceptive and Unfair Trade Practices Act under part II of

1687

chapter 501 brought by the enforcing authority as defined in s.

1688

501.203.

1689

     (a)  Products for which the code establishes standardized

1690

testing or comparative or rational analysis methods shall be

1691

approved by submittal and validation of one of the following

1692

reports or listings indicating that the product or method or

1693

system of construction was evaluated to be in compliance with

1694

the Florida Building Code and that the product or method or

1695

system of construction is, for the purpose intended, at least

1696

equivalent to that required by the Florida Building Code:

1697

     1.  A certification mark or listing of an approved

1698

certification agency, which may be used only for products for

1699

which the code designates standardized testing;

1700

     2.  A test report from an approved testing laboratory;

1701

     3.  A product evaluation report based upon testing or

1702

comparative or rational analysis, or a combination thereof, from

1703

an approved product evaluation entity; or

1704

     4.  A product evaluation report based upon testing or

1705

comparative or rational analysis, or a combination thereof,

1706

developed and signed and sealed by a professional engineer or

1707

architect, licensed in this state.

1708

1709

A product evaluation report or a certification mark or listing

1710

of an approved certification agency which demonstrates that the

1711

product or method or system of construction complies with the

1712

Florida Building Code for the purpose intended is shall be

1713

equivalent to a test report and test procedure as referenced in

1714

the Florida Building Code. An application for state approval of

1715

a product under subparagraph 1. must be approved by the

1716

department after the commission staff or a designee verifies

1717

that the application and related documentation are complete.

1718

This verification must be completed within 10 business days

1719

after receipt of the application. Upon approval by the

1720

department, the product shall be immediately added to the list

1721

of state-approved products maintained under subsection (13).

1722

Approvals by the department shall be reviewed and ratified by

1723

the commission's program oversight committee except for a

1724

showing of good cause that a review by the full commission is

1725

necessary. The commission shall adopt rules providing means to

1726

cure deficiencies identified within submittals for products

1727

approved under this paragraph.

1728

     (b)  Products, methods, or systems of construction for

1729

which there are no specific standardized testing or comparative

1730

or rational analysis methods established in the code may be

1731

approved by submittal and validation of one of the following:

1732

     1.  A product evaluation report based upon testing or

1733

comparative or rational analysis, or a combination thereof, from

1734

an approved product evaluation entity indicating that the

1735

product or method or system of construction was evaluated to be

1736

in compliance with the intent of the Florida Building Code and

1737

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

1738

purpose intended, at least equivalent to that required by the

1739

Florida Building Code; or

1740

     2.  A product evaluation report based upon testing or

1741

comparative or rational analysis, or a combination thereof,

1742

developed and signed and sealed by a professional engineer or

1743

architect, licensed in this state, who certifies that the

1744

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

1745

intended, at least equivalent to that required by the Florida

1746

Building Code.

1747

     Section 33.  Section 553.9061, Florida Statutes, is

1748

repealed.

1749

     Section 34.  Subsections (3), (4), and (5) of section

1750

553.909, Florida Statutes, are amended to read:

1751

     553.909  Setting requirements for appliances; exceptions.-

1752

     (3)  Commercial or residential swimming pool pumps or water

1753

heaters manufactured and sold on or after December 31, 2011, for

1754

installation in this state must July 1, 2011, shall comply with

1755

the requirements of the Florida Energy Efficiency Code for

1756

Building Construction this subsection.

1757

     (a)  Natural gas pool heaters shall not be equipped with

1758

constantly burning pilots.

1759

     (b)  Heat pump pool heaters shall have a coefficient of

1760

performance at low temperature of not less than 4.0.

1761

     (c)  The thermal efficiency of gas-fired pool heaters and

1762

oil-fired pool heaters shall not be less than 78 percent.

1763

     (d)  All pool heaters shall have a readily accessible on-

1764

off switch that is mounted outside the heater and that allows

1765

shutting off the heater without adjusting the thermostat

1766

setting.

1767

     (4)(a)  Residential swimming pool filtration pumps and pump

1768

motors manufactured and sold on or after December 31, 2011, for

1769

installation in this state July 1, 2011, must comply with the

1770

requirements of the Florida Energy Efficiency Code for Building

1771

Construction in this subsection.

1772

     (b)  Residential filtration pool pump motors shall not be

1773

split-phase, shaded-pole, or capacitor start-induction run

1774

types.

1775

     (c)  Residential filtration pool pumps and pool pump motors

1776

with a total horsepower of 1 HP or more shall have the

1777

capability of operating at two or more speeds with a low speed

1778

having a rotation rate that is no more than one-half of the

1779

motor's maximum rotation rate.

1780

     (d)  Residential filtration pool pump motor controls shall

1781

have the capability of operating the pool pump at a minimum of

1782

two speeds. The default circulation speed shall be the

1783

residential filtration speed, with a higher speed override

1784

capability being for a temporary period not to exceed one normal

1785

cycle or 24 hours, whichever is less; except that circulation

1786

speed for solar pool heating systems shall be permitted to run

1787

at higher speeds during periods of usable solar heat gain.

1788

     (5)  Portable electric spas manufactured and sold on or

1789

after December 31, 2011, for installation in this state must

1790

comply with the requirements of the Florida Energy Efficiency

1791

Code for Building Construction spa standby power shall not be

1792

greater than 5(V2/3) watts where V = the total volume, in

1793

gallons, when spas are measured in accordance with the spa

1794

industry test protocol.

1795

     Section 35.  Paragraph (a) of subsection (2) of section

1796

627.711, Florida Statutes, is amended to read:

1797

     627.711  Notice of premium discounts for hurricane loss

1798

mitigation; uniform mitigation verification inspection form.-

1799

     (2)(a)  The Financial Services Commission shall develop by

1800

rule a uniform mitigation verification inspection form that

1801

shall be used by all insurers when submitted by policyholders

1802

for the purpose of factoring discounts for wind insurance. In

1803

developing the form, the commission shall seek input from

1804

insurance, construction, and building code representatives.

1805

Further, the commission shall provide guidance as to the length

1806

of time the inspection results are valid. An insurer shall

1807

accept as valid a uniform mitigation verification form signed by

1808

the following authorized mitigation inspectors:

1809

     1.  A home inspector licensed under s. 468.8314 who has

1810

completed at least 3 hours of hurricane mitigation training

1811

approved by the Construction Industry Licensing Board which

1812

includes hurricane mitigation techniques and compliance with the

1813

uniform mitigation verification form and completion of a

1814

proficiency exam. Thereafter, home inspectors licensed under s.

1815

468.8314 must complete at least 2 hours of continuing education,

1816

as part of the existing licensure renewal requirements each

1817

year, related to mitigation inspection and the uniform

1818

mitigation form;

1819

     2.  A building code inspector certified under s. 468.607;

1820

     3.  A general, building, or residential contractor licensed

1821

under s. 489.111;

1822

     4.  A professional engineer licensed under s. 471.015;

1823

     5.  A professional architect licensed under s. 481.213; or

1824

     6.  Any other individual or entity recognized by the

1825

insurer as possessing the necessary qualifications to properly

1826

complete a uniform mitigation verification form.

1827

     Section 36.  Except as otherwise expressly provided in this

1828

act, this act shall take effect July 1, 2011.

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