Bill Text: FL S1232 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Building Codes
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1232 Detail]
Download: Florida-2015-S1232-Comm_Sub.html
Bill Title: Building Codes
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1232 Detail]
Download: Florida-2015-S1232-Comm_Sub.html
Florida Senate - 2015 CS for SB 1232 By the Committee on Health Policy; and Senator Simpson 588-02725-15 20151232c1 1 A bill to be entitled 2 An act relating to building codes; amending s. 3 468.609, F.S.; revising the certification examination 4 requirements for building code inspectors, plans 5 examiners, and building code administrators; requiring 6 the Florida Building Code Administrators and 7 Inspectors Board to provide for issuance of certain 8 provisional certificates; amending s. 489.105, F.S.; 9 revising the term “plumbing contractor”; amending s. 10 489.1401, F.S.; revising legislative intent with 11 respect to the purpose of the Florida Homeowners’ 12 Construction Recovery Fund; providing legislative 13 intent that Division II contractors set apart funds to 14 participate in the fund; amending s. 489.1402, F.S.; 15 revising terms; amending s. 489.141, F.S.; prohibiting 16 certain claimants from making a claim against the 17 recovery fund for certain contracts entered into 18 before a specified date; amending s. 489.1425, F.S.; 19 revising a notification provided by contractors to 20 certain residential property owners to state that 21 payment from the recovery fund is limited; amending s. 22 489.143, F.S.; revising provisions concerning payments 23 from the recovery fund; specifying claim amounts for 24 certain contracts entered into before or after 25 specified dates; providing aggregate caps for 26 payments; amending s. 489.503, F.S.; exempting certain 27 low-voltage landscape lighting from licensed 28 electrical contractor installation requirements; 29 amending s. 514.031, F.S.; requiring the Department of 30 Health to conduct inspections of certain public pools 31 with operating permits to ensure continued compliance 32 with specified criteria; authorizing the department to 33 adopt rules; specifying the department’s jurisdiction 34 for purposes of inspecting certain public pools; 35 specifying duties of local enforcement agencies 36 regarding modifications and repairs made to certain 37 public pools as a result of the department’s 38 inspections; requiring the department to ensure that 39 certain rules enforced by local enforcement agencies 40 comply with the Florida Building Code; amending s. 41 514.05, F.S.; specifying that the department may deny, 42 suspend, or revoke operating permits for certain pools 43 and bathing places if certain plans, variances, or 44 requirements of the Florida Building Code are 45 violated; specifying that the department may assess an 46 administrative fine for violations by certain public 47 pools and bathing places if certain plans, variances, 48 or requirements of the Florida Building Code are 49 violated; amending s. 553.721, F.S.; directing the 50 Florida Building Code Compliance and Mitigation 51 Program to fund, from existing resources, the 52 recommendations made by the Building Code System 53 Uniform Implementation Evaluation Workgroup; providing 54 a limitation; requiring that a specified amount of 55 funds from the surcharge be used to fund certain 56 Florida Fire Code informal interpretations; amending 57 s. 553.73, F.S.; authorizing local boards created to 58 address specified issues to combine the appeals boards 59 to create a single, local board; authorizing the 60 appeal to a local administrative board of specified 61 decisions made by a local fire official; specifying 62 the decisions of the local building official and the 63 local fire official which are subject to review; 64 requiring the permitted installation or replacement of 65 a water heater in a conditioned or attic space to 66 include a water leak detection device; prohibiting the 67 Florida Building Code from requiring more than one 68 fire access elevator in certain buildings; amending s. 69 553.79, F.S.; authorizing a building official to issue 70 a permit for the construction of the foundation or any 71 other part of a building or structure before the 72 construction documents for the whole building or 73 structure have been submitted; providing that the 74 holder of such permit shall begin building at the 75 holder’s own risk with the building operation and 76 without assurance that a permit for the entire 77 structure will be granted; requiring local enforcing 78 agencies to permit and inspect modifications and 79 repairs made to certain public pools and public 80 bathing places as a result of the department’s 81 inspections; amending s. 553.841, F.S.; authorizing 82 the department to maintain, update, develop or cause 83 to be developed code-related training and education; 84 removing provisions related to the development of 85 advanced courses with respect to the Florida Building 86 Code Compliance and Mitigation Program and the 87 accreditation of courses related to the Florida 88 Building Code; amending s. 553.842, F.S.; providing 89 that Underwriters Laboratories, LLC, is an approved 90 evaluation entity; amending s. 553.908, F.S.; 91 requiring local enforcement agencies to accept duct 92 and air infiltration tests conducted in accordance 93 with certain guidelines by specified individuals; 94 amending s. 633.102, F.S.; revising terms; amending s. 95 633.104, F.S.; defining a term; clarifying intent; 96 amending s. 633.202, F.S.; requiring all new high-rise 97 and existing high-rise buildings to maintain a minimum 98 radio signal strength for fire department 99 communications; providing a transitory period for 100 compliance; requiring areas of refuge to be required 101 as determined by the Florida Building Code 102 Accessibility; prohibiting dead-end corridors within 103 an apartment from exceeding a specified footage in 104 specified buildings; amending s. 633.216, F.S.; 105 requiring fire prevention plan reviewers to be 106 certified by a specified date; authorizing the State 107 Fire Marshal to determine alternative educational and 108 experience requirements or certifications; creating 109 the Calder Sloan Swimming Pool Electrical-Safety Task 110 Force within the Florida Building Commission; 111 specifying the purpose of the task force; providing 112 for membership; requiring members of the task force to 113 elect the chair; requiring the Florida Building 114 Commission to provide staff, information, and other 115 assistance to the task force; authorizing the 116 reimbursement of task force members for certain 117 expenses; requiring a report to the Governor, the 118 President of the Senate, and the Speaker of the House 119 of Representatives by a specified date; providing for 120 future repeal of the task force; providing an 121 effective date. 122 123 Be It Enacted by the Legislature of the State of Florida: 124 125 Section 1. Subsections (2), (3), and (7) of section 126 468.609, Florida Statutes, are amended to read: 127 468.609 Administration of this part; standards for 128 certification; additional categories of certification.— 129 (2) A person may take the examination for certification as 130 a building code inspector or plans examiner pursuant to this 131 part if the person: 132 (a) Is at least 18 years of age. 133 (b) Is of good moral character. 134 (c) Meets eligibility requirements according to one of the 135 following criteria: 136 1. Demonstrates 5 years’ combined experience in the field 137 of construction or a related field, building code inspection, or 138 plans review corresponding to the certification category sought; 139 2. Demonstrates a combination of postsecondary education in 140 the field of construction or a related field and experience 141 which totals 4 years, with at least 1 year of such total being 142 experience in construction, building code inspection, or plans 143 review; 144 3. Demonstrates a combination of technical education in the 145 field of construction or a related field and experience which 146 totals 4 years, with at least 1 year of such total being 147 experience in construction, building code inspection, or plans 148 review; 149 4. Currently holds a standard certificateasissued by the 150 board,or a firesafetyfire safetyinspector license issued 151 pursuant to chapter 633, has a minimum of 35years’ verifiable 152 full-time experience in inspection or plan review, and 153 satisfactorily completes a building code inspector or plans 154 examiner training program that provides at least 100 hours but 155 not moreof not lessthan 200 hours of cross-training in the 156 certification category sought. The board shall establish by rule 157 criteria for the development and implementation of the training 158 programs. The board shall accept all classroom training offered 159 by an approved provider if the content substantially meets the 160 intent of the classroom component of the training program;or161 5. Demonstrates a combination of the completion of an 162 approved training program in the field of building code 163 inspection or plan review and a minimum of 2 years’ experience 164 in the field of building code inspection, plan review, fire code 165 inspections, and fire plans review of new buildings as a 166 firesafety inspector certified under s. 633.216, or 167 construction. The approved training portion of this requirement 168 shall include proof of satisfactory completion of a training 169 program that provides at least 200 hours but not moreof not170lessthan 300 hours of cross-training which is approved by the 171 board in the chosen category of building code inspection or plan 172 review in the certification category sought with at leastnot173less than20 hours but not more than 30 hours of instruction in 174 state laws, rules, and ethics relating to professional standards 175 of practice, duties, and responsibilities of a 176 certificateholder. The board shall coordinate with the Building 177 Officials Association of Florida, Inc., to establish by rule the 178 development and implementation of the training program. However, 179 the board shall accept all classroom training offered by an 180 approved provider if the content substantially meets the intent 181 of the classroom component of the training program; or 182 6. Currently holds a standard certificate issued by the 183 board or a firesafety inspector license issued pursuant to 184 chapter 633 and: 185 a. Has at least 5 years of verifiable full-time experience 186 as an inspector or plans examiner in a standard certification 187 category currently held or has a minimum of 5 years’ verifiable 188 full-time experience as a firesafety inspector licensed pursuant 189 to chapter 633; and 190 b. Satisfactorily completes a building code inspector or 191 plans examiner classroom training course or program that 192 provides at least 40 but not more than 300 hours in the 193 certification category sought, except for one-family and two 194 family dwelling training programs which are required to provide 195 at least 500 but not more than 800 hours of training as 196 prescribed by the board. The board shall establish by rule 197 criteria for the development and implementation of classroom 198 training courses and programs in each certification category. 199 (3) A person may take the examination for certification as 200 a building code administrator pursuant to this part if the 201 person: 202 (a) Is at least 18 years of age. 203 (b) Is of good moral character. 204 (c) Meets eligibility requirements according to one of the 205 following criteria: 206 1. Demonstrates 710years’ combined experience as an 207 architect, engineer, plans examiner, building code inspector, 208 firesafety inspector certified under s. 633.216, registered or 209 certified contractor, or construction superintendent, with at 210 least 35years of such experience in supervisory positions; or 211 2. Demonstrates a combination of postsecondary education in 212 the field of construction or related field, no more than 5 years 213 of which may be applied, and experience as an architect, 214 engineer, plans examiner, building code inspector, firesafety 215 inspector certified under s. 633.216, registered or certified 216 contractor, or construction superintendent which totals 710217 years, with at least 35years of such total being experience in 218 supervisory positions. In addition, the applicant must have 219 completed training consisting of at least 20 hours but not more 220 than 30 hours of instruction in state laws, rules, and ethics 221 relating to professional standards of practice, duties, and 222 responsibilities of a certificateholder. 223 (7)(a) The board shallmayprovide for the issuance of 224 provisional certificates valid for 1 year, as specified by board 225 rule, to any newly employed or promoted building code inspector 226 or plans examiner who meets the eligibility requirements 227 described in subsection (2) and any newly employed or promoted 228 building code administrator who meets the eligibility 229 requirements described in subsection (3). The provisional 230 license may be renewed by the board for just cause; however, a 231 provisional license is not valid for a period longer than 3 232 years. 233 (b) No building code administrator, plans examiner, or 234 building code inspector may have a provisional certificate 235 extended beyond the specified period by renewal or otherwise. 236 (c) The board shallmayprovide for appropriate levels of 237 provisional certificates and may issue these certificates with 238 such special conditions or requirements relating to the place of 239 employment of the person holding the certificate, the 240 supervision of such person on a consulting or advisory basis, or 241 other matters as the board may deem necessary to protect the 242 public safety and health. 243 (d) A newly employed or hired person may perform the duties 244 of a plans examiner or building code inspector for 120 days if a 245 provisional certificate application has been submitted if such 246 person is under the direct supervision of a certified building 247 code administrator who holds a standard certification and who 248 has found such person qualified for a provisional certificate. 249 Direct supervision and the determination of qualifications may 250 also be provided by a building code administrator who holds a 251 limited or provisional certificate in a county having a 252 population of fewer than 75,000 and in a municipality located 253 within such county. 254 Section 2. Paragraph (m) of subsection (3) of section 255 489.105, Florida Statutes, is amended to read: 256 489.105 Definitions.—As used in this part: 257 (3) “Contractor” means the person who is qualified for, and 258 is only responsible for, the project contracted for and means, 259 except as exempted in this part, the person who, for 260 compensation, undertakes to, submits a bid to, or does himself 261 or herself or by others construct, repair, alter, remodel, add 262 to, demolish, subtract from, or improve any building or 263 structure, including related improvements to real estate, for 264 others or for resale to others; and whose job scope is 265 substantially similar to the job scope described in one of the 266 paragraphs of this subsection. For the purposes of regulation 267 under this part, the term “demolish” applies only to demolition 268 of steel tanks more than 50 feet in height; towers more than 50 269 feet in height; other structures more than 50 feet in height; 270 and all buildings or residences. Contractors are subdivided into 271 two divisions, Division I, consisting of those contractors 272 defined in paragraphs (a)-(c), and Division II, consisting of 273 those contractors defined in paragraphs (d)-(q): 274 (m) “Plumbing contractor” means a contractor whose services 275 are unlimited in the plumbing trade and includes contracting 276 business consisting of the execution of contracts requiring the 277 experience, financial means, knowledge, and skill to install, 278 maintain, repair, alter, extend, or, if not prohibited by law, 279 design plumbing. A plumbing contractor may install, maintain, 280 repair, alter, extend, or, if not prohibited by law, design the 281 following without obtaining an additional local regulatory 282 license, certificate, or registration: sanitary drainage or 283 storm drainage facilities, water and sewer plants and 284 substations, venting systems, public or private water supply 285 systems, septic tanks, drainage and supply wells, swimming pool 286 piping, irrigation systems, and solar heating water systems and 287 all appurtenances, apparatus, or equipment used in connection 288 therewith, including boilers and pressure process piping and 289 including the installation of water, natural gas, liquefied 290 petroleum gas and related venting, and storm and sanitary sewer 291 lines. The scope of work of the plumbing contractor also 292 includes the design, if not prohibited by law, and installation, 293 maintenance, repair, alteration, or extension of air-piping, 294 vacuum line piping, oxygen line piping, nitrous oxide piping, 295 and all related medical gas systems; fire line standpipes and 296 fire sprinklers if authorized by law; ink and chemical lines; 297 fuel oil and gasoline piping and tank and pump installation, 298 except bulk storage plants; and pneumatic control piping 299 systems, all in a manner that complies with all plans, 300 specifications, codes, laws, and regulations applicable. The 301 scope of work of the plumbing contractor applies to private 302 property and public property, including any excavation work 303 incidental thereto, and includes the work of the specialty 304 plumbing contractor. Such contractor shall subcontract, with a 305 qualified contractor in the field concerned, all other work 306 incidental to the work but which is specified as being the work 307 of a trade other than that of a plumbing contractor. This 308 definition does not limit the scope of work of any specialty 309 contractor certified pursuant to s. 489.113(6),and does not 310 require certification or registration under this part for a 311 category I liquefied petroleum gas dealer, LP gas installer, or 312 specialty installer who is licensed under chapter 527 or anof313anyauthorized employee of a public natural gas utility or of a 314 private natural gas utility regulated by the Public Service 315 Commission when disconnecting and reconnecting water lines in 316 the servicing or replacement of an existing water heater. A 317 plumbing contractor may perform drain cleaning and clearing and 318 install or repair rainwater catchment systems; however, a 319 mandatory licensing requirement is not established for the 320 performance of these specific services. 321 Section 3. Subsections (2) and (3) of section 489.1401, 322 Florida Statutes, are amended to read: 323 489.1401 Legislative intent.— 324 (2) It is the intent of the Legislature that the sole 325 purpose of the Florida Homeowners’ Construction Recovery Fund is 326 to compensate ananyaggrieved claimant who contracted for the 327 construction or improvement of the homeowner’s residence located 328 within this state and who has obtained a final judgment in aany329 court of competent jurisdiction, was awarded restitution by the 330 Construction Industry Licensing Board, or received an award in 331 arbitration against a licensee on grounds of financial 332 mismanagement or misconduct, abandoning a construction project, 333 or making a false statement with respect to a project. Such 334 grievance must ariseand arisingdirectly out of aany335 transaction conducted when the judgment debtor was licensed and 336 must involve an actperformed any of the activitiesenumerated 337 under s. 489.129(1)(g), (j) or (k)on the homeowner’s residence. 338 (3) It is the intent of the Legislature that Division I and 339 Division II contractors set apart funds for the specific 340 objective of participating in the fund. 341 Section 4. Paragraphs (d), (i), (k), and (l) of subsection 342 (1) of section 489.1402, Florida Statutes, are amended to read: 343 489.1402 Homeowners’ Construction Recovery Fund; 344 definitions.— 345 (1) The following definitions apply to ss. 489.140-489.144: 346 (d) “Contractor” means a Division I or Division II 347 contractor performing his or her respective services described 348 in s. 489.105(3)(a)-(q)489.105(3)(a)-(c). 349 (i) “Residence” means a single-family residence, an 350 individual residential condominium or cooperative unit, or a 351 residential building containing not more than two residential 352 units in which the owner contracting for the improvement is 353 residing or will reside 6 months or more each calendar year upon 354 completion of the improvement. 355 (k) “Same transaction” means a contract, or aanyseries of 356 contracts, between a claimant and a contractor or qualified 357 business, when such contract or contracts involve the same 358 property or contiguous properties and are entered into either at 359 one time or serially. 360 (l) “Valid and current license,” for the purpose of s. 361 489.141(2)(d), means aanylicense issued pursuant to this part 362 to a licensee, including a license in an active, inactive, 363 delinquent, or suspended status. 364 Section 5. Subsections (1) and (2) of section 489.141, 365 Florida Statutes, are amended to read: 366 489.141 Conditions for recovery; eligibility.— 367 (1) AAnyclaimant is eligible to seek recovery from the 368 recovery fund after makinghaving madea claim and exhausting 369 the limits of any available bond, cash bond, surety, guarantee, 370 warranty, letter of credit, or policy of insurance if, provided371thateach of the following conditions is satisfied: 372 (a) The claimant has received a final judgment in a court 373 of competent jurisdiction in this state or has received an award 374 in arbitration or the Construction Industry Licensing Board has 375 issued a final order directing the licensee to pay restitution 376 to the claimant. The board may waive this requirement if: 377 1. The claimant is unable to secure a final judgment 378 against the licensee due to the death of the licensee; or 379 2. The claimant has sought to have assets involving the 380 transaction that gave rise to the claim removed from the 381 bankruptcy proceedings so that the matter might be heard in a 382 court of competent jurisdiction in this state and, after due 383 diligence, the claimant is precluded by action of the bankruptcy 384 court from securing a final judgment against the licensee. 385 (b) The judgment, award, or restitution is based upon a 386 violation of s. 489.129(1)(g), (j), or (k) or s. 713.35. 387 (c) The violation was committed by a licensee. 388 (d) The judgment, award, or restitution order specifies the 389 actual damages suffered as a consequence of such violation. 390 (e) The contract was executed and the violation occurred on 391 or after July 1, 1993, and provided that: 392 1. The claimant has caused to be issued a writ of execution 393 upon such judgment, and the officer executing the writ has made 394 a return showing that no personal or real property of the 395 judgment debtor or licensee liable to be levied upon in 396 satisfaction of the judgment can be found or that the amount 397 realized on the sale of the judgment debtor’s or licensee’s 398 property pursuant to such execution was insufficient to satisfy 399 the judgment; 400 2. If the claimant is unable to comply with subparagraph 1. 401 for a valid reason to be determined by the board, the claimant 402 has made all reasonable searches and inquiries to ascertain 403 whether the judgment debtor or licensee is possessed of real or 404 personal property or other assets subject to being sold or 405 applied in satisfaction of the judgment and by his or her search 406 has discovered no property or assets or has discovered property 407 and assets and has taken all necessary action and proceedings 408 for the application thereof to the judgment but the amount 409 thereby realized was insufficient to satisfy the judgment; and 410 3. The claimant has made a diligent attempt, as defined by 411 board rule, to collect the restitution awarded by the board. 412 (f) A claim for recovery is made within 1 year after the 413 conclusion of any civil, criminal, or administrative action or 414 award in arbitration based on the act. This paragraph applies to 415 any claim filed with the board after October 1, 1998. 416 (g) Any amounts recovered by the claimant from the judgment 417 debtor or licensee, or from any other source, have been applied 418 to the damages awarded by the court or the amount of restitution 419 ordered by the board. 420 (h) The claimant is not a person who is precluded by this 421 act from making a claim for recovery. 422 (2) A claimant is not qualified to make a claim for 423 recovery from the recovery fund,if: 424 (a) The claimant is the spouse of the judgment debtor or 425 licensee or a personal representative of such spouse; 426 (b) The claimant is a licensee who acted as the contractor 427 in the transaction thatwhichis the subject of the claim; 428 (c) The claim is based upon a construction contract in 429 which the licensee was acting with respect to the property owned 430 or controlled by the licensee; 431 (d) The claim is based upon a construction contract in 432 which the contractor did not hold a valid and current license at 433 the time of the construction contract; 434 (e) The claimant was associated in a business relationship 435 with the licensee other than the contract at issue; or 436(f) The claimant has suffered damages as the result of437making improper payments to a contractor as defined in part I of438chapter 713; or439 (f)(g)The claimant has entered into a contractcontracted440 with a licensee to perform a scope of work described in s. 441 489.105(3)(d)-(q) before July 1, 2015489.105(3)(d)-(p). 442 Section 6. Subsection (1) of section 489.1425, Florida 443 Statutes, is amended to read: 444 489.1425 Duty of contractor to notify residential property 445 owner of recovery fund.— 446 (1) EachAnyagreement or contract for repair, restoration, 447 improvement, or construction to residential real property must 448 contain a written statement explaining the consumer’s rights 449 under the recovery fund, except where the value of all labor and 450 materials does not exceed $2,500. The written statement must be 451 substantially in the following form: 452 453 FLORIDA HOMEOWNERS’ CONSTRUCTION 454 RECOVERY FUND 455 456 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE 457 FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY 458 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS 459 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED 460 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A 461 CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 462 AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 463 464 The statement mustshallbe immediately followed by the board’s 465 address and telephone number as established by board rule. 466 Section 7. Section 489.143, Florida Statutes, is amended to 467 read: 468 489.143 Payment from the fund.— 469 (1) The fund shall be disbursed as provided in s. 489.141 470 on a final order of the board. 471 (2) AAnyclaimant who meets all of the conditions 472 prescribed in s. 489.141 may apply to the board to cause payment 473 to be made to a claimant from the recovery fund in an amount 474 equal to the judgment, award, or restitution order or $25,000, 475 whichever is less, or an amount equal to the unsatisfied portion 476 of such person’s judgment, award, or restitution order, but only 477 to the extent and amount of actual damages suffered by the 478 claimant, and only up to the maximum payment allowed for each 479 respective Division I and Division II claim. Payment from the 480 fund for other costs related to or pursuant to civil proceedings 481 such as postjudgment interest, attorneyattorney’sfees, court 482 costs, medical damages, and punitive damages is prohibited. The 483 recovery fund is not obligated to pay aanyjudgment, an award, 484 or a restitution order, or any portion thereof, which is not 485 expressly based on one of the grounds for recovery set forth in 486 s. 489.141. 487 (3) Beginning January 1, 2005, for each Division I contract 488 entered into after July 1, 2004, payment from the recovery fund 489 shall be subject to a $50,000 maximum payment for each Division 490 I claim. Beginning January 1, 2016, for each Division II 491 contract entered into on or after July 1, 2015, payment from the 492 recovery fund shall be subject to a $15,000 maximum payment for 493 each Division II claim. 494 (4)(3)Upon receipt by a claimant under subsection (2) of 495 payment from the recovery fund, the claimant shall assign his or 496 her additional right, title, and interest in the judgment, 497 award, or restitution order, to the extent of such payment, to 498 the board, and thereupon the board shall be subrogated to the 499 right, title, and interest of the claimant; and any amount 500 subsequently recovered on the judgment, award, or restitution 501 order, to the extent of the right, title, and interest of the 502 board therein, shall be for the purpose of reimbursing the 503 recovery fund. 504 (5)(4)Payments for claims arising out of the same 505 transaction shall be limited, in the aggregate, to the lesser of 506 the judgment, award, or restitution order or the maximum payment 507 allowed for a Division I or Division II claim, regardless of the 508 number of claimants involved in the transaction. 509 (6)(5)For contracts entered into before July 1, 2004, 510 payments for claims against any one licensee mayshallnot 511 exceed, in the aggregate, $100,000 annually, up to a total 512 aggregate of $250,000. For any claim approved by the board which 513 is in excess of the annual cap, the amount in excess of $100,000 514 up to the total aggregate cap of $250,000 is eligible for 515 payment in the next and succeeding fiscal years, but only after 516 all claims for the then-current calendar year have been paid. 517 Payments may not exceed the aggregate annual or per claimant 518 limits under law. Beginning January 1, 2005, for each Division I 519 contract entered into after July 1, 2004, payment from the 520 recovery fund is subject only to a total aggregate cap of 521 $500,000 for each Division I licensee. Beginning January 1, 522 2016, for each Division II contract entered into on or after 523 July 1, 2015, payment from the recovery fund is subject only to 524 a total aggregate cap of $150,000 for each Division II licensee. 525 (7)(6)Claims shall be paid in the order filed, up to the 526 aggregate limits for each transaction and licensee and to the 527 limits of the amount appropriated to pay claims against the fund 528for the fiscal year in which the claims were filed. Payments may 529 not exceed the total aggregate cap per license or per claimant 530 limits under this section. 531 (8)(7)If the annual appropriation is exhausted with claims 532 pending, such claims shall be carried forward to the next fiscal 533 year. Any moneys in excess of pending claims remaining in the 534 recovery fund at the end of the fiscal year shall be paid as 535 provided in s. 468.631. 536 (9)(8)Upon the payment of any amount from the recovery 537 fund in settlement of a claim in satisfaction of a judgment, 538 award, or restitution order against a licensee as described in 539 s. 489.141, the license of such licensee shall be automatically 540 suspended, without further administrative action, upon the date 541 of payment from the fund. The license of such licensee mayshall542 not be reinstated until he or she has repaid in full, plus 543 interest, the amount paid from the fund. A discharge of 544 bankruptcy does not relieve a person from the penalties and 545 disabilities provided in this section. 546 (10)(9)AAnyfirm, a corporation, a partnership, or an 547 association, or aanyperson acting in his or her individual 548 capacity, who aids, abets, solicits, or conspires with another 549anyperson to knowingly present or cause to be presented aany550 false or fraudulent claim for the payment of a loss under this 551 act commitsis guilty ofa third-degree felony, punishable as 552 provided in s. 775.082 or s. 775.084 and by a fine of up tonot553exceeding$30,000,unless the value of the fraud exceeds that 554 amount,$30,000in which event the fine may not exceed double 555 the value of the fraud. 556 (11)(10)Each paymentAll paymentsand disbursement 557disbursementsfrom the recovery fund shall be made by the Chief 558 Financial Officer upon a voucher signed by the secretary of the 559 department or the secretary’s designee. 560 Section 8. Subsection (24) is added to section 489.503, 561 Florida Statutes, to read: 562 489.503 Exemptions.—This part does not apply to: 563 (24) A person who installs low-voltage landscape lighting 564 that contains a factory-installed electrical cord with plug and 565 does not require installation, wiring, or modification to the 566 electrical wiring of a structure. 567 Section 9. Subsections (2) through (5) of section 514.031, 568 Florida Statutes, are renumbered as subsections (3) through (6), 569 respectively, and a new subsection (2) is added to that section 570 to read: 571 514.031 Permit necessary to operate public swimming pool.— 572 (2) The department shall ensure through inspections that a 573 public swimming pool with an operating permit continues to be 574 operated and maintained in compliance with rules adopted under 575 this section, the original approved plans and specifications or 576 variances, and the Florida Building Code adopted under chapter 577 553 applicable to public pools or public bathing places. The 578 department may adopt and enforce rules to implement this 579 subsection, including provisions for closing those pools and 580 bathing places not in compliance. For purposes of this 581 subsection, the department’s jurisdiction includes the pool, the 582 pool deck, the barrier as defined in s. 515.25, and the bathroom 583 facilities for pool patrons. The local enforcement agency shall 584 permit and inspect repairs or modifications required as a result 585 of the department’s inspections and may take enforcement action 586 to ensure compliance. The department shall ensure that the rules 587 enforced by the local enforcement agency under this subsection 588 are not inconsistent with the Florida Building Code adopted 589 under chapter 553. 590 Section 10. Subsections (1), (2), and (5) of section 591 514.05, Florida Statutes, are amended to read: 592 514.05 Denial, suspension, or revocation of permit; 593 administrative fines.— 594 (1) The department may deny an application for ana595 operating permit, suspend or revoke a permit issued to any 596 person or public body, or impose an administrative fine upon the 597 failure of such person or public body to comply with the 598 provisions of this chapter, the original approved plans and 599 specifications or variances, the Florida Building Code adopted 600 under chapter 553 applicable to public pools or public bathing 601 places, or the rules adopted hereunder. 602 (2) The department may impose an administrative fine, which 603 shall not exceed $500 for each violation, for the violation of 604 this chapter, the original approved plans and specifications or 605 variances, the Florida Building Code adopted under chapter 553 606 applicable to public pools or public bathing places, or the 607 rules adopted hereunder and for the violation ofany of the608provisions ofchapter 386. Notice of intent to impose such fine 609 shall be given by the department to the alleged violator. Each 610 day that a violation continues may constitute a separate 611 violation. 612 (5) Under conditions specified by rule, the department may 613 close a public pool that is not in compliance with this chapter, 614 the original approved plans and specifications or variances, the 615 Florida Building Code adopted under chapter 553 applicable to 616 public pools or public bathing places, or the rules adopted 617 under this chapter. 618 Section 11. Section 553.721, Florida Statutes, is amended 619 to read: 620 553.721 Surcharge.—In order for the Department of Business 621 and Professional Regulation to administer and carry out the 622 purposes of this part and related activities, there is created a 623 surcharge, to be assessed at the rate of 1.5 percent of the 624 permit fees associated with enforcement of the Florida Building 625 Code as defined by the uniform account criteria and specifically 626 the uniform account code for building permits adopted for local 627 government financial reporting pursuant to s. 218.32. The 628 minimum amount collected on any permit issued shall be $2. The 629 unit of government responsible for collecting a permit fee 630 pursuant to s. 125.56(4) or s. 166.201 shall collect the 631 surcharge and electronically remit the funds collected to the 632 department on a quarterly calendar basis for the preceding 633 quarter and continuing each third month thereafter. The unit of 634 government shall retain 10 percent of the surcharge collected to 635 fund the participation of building departments in the national 636 and state building code adoption processes and to provide 637 education related to enforcement of the Florida Building Code. 638 All funds remitted to the department pursuant to this section 639 shall be deposited in the Professional Regulation Trust Fund. 640 Funds collected from the surcharge shall be allocated to fund 641 the Florida Building Commission and the Florida Building Code 642 Compliance and Mitigation Program under s. 553.841. Funds 643 allocated to the Florida Building Code Compliance and Mitigation 644 Program shall be $925,000 each fiscal year. The Florida Building 645 Code Compliance and Mitigation Program shall fund the 646 recommendations made by the Building Code System Uniform 647 Implementation Evaluation Workgroup, dated April 8, 2013, from 648 existing resources, not to exceed $30,000 in the 2015-2016 649 fiscal year. Funds collected from the surcharge shall also be 650 used to fund Florida Fire Code informal interpretations managed 651 by the State Fire Marshal and shall be limited to $15,000 each 652 fiscal year. The funds collected from the surcharge may not be 653 used to fund research on techniques for mitigation of radon in 654 existing buildings. Funds used by the department as well as 655 funds to be transferred to the Department of Health and the 656 State Fire Marshal shall be as prescribed in the annual General 657 Appropriations Act. The department shall adopt rules governing 658 the collection and remittance of surcharges pursuant to chapter 659 120. 660 Section 12. Subsection (11) of section 553.73, Florida 661 Statutes is amended, and subsections (19) and (20) are added to 662 that to read: 663 553.73 Florida Building Code.— 664 (11)(a) In the event of a conflict between the Florida 665 Building Code and the Florida Fire Prevention Code and the Life 666 Safety Code as applied to a specific project, the conflict shall 667 be resolved by agreement between the local building code 668 enforcement official and the local fire code enforcement 669 official in favor of the requirement of the code which offers 670 the greatest degree of lifesafety or alternatives which would 671 provide an equivalent degree of lifesafety and an equivalent 672 method of construction. Local boards created to address issues 673 arising under the Florida Building Code and the Florida Fire 674 Prevention Code may combine the appeals boards to create a 675 single, local board having jurisdiction over matters arising 676 under either or both codes. 677 (b) Any decision made by the local fire official regarding 678 application, interpretation, or enforcement of the Florida Fire 679 Prevention Code orandthe local building official regarding 680 application, interpretation, or enforcement of the Florida 681 Building Code, or the appropriate application of either or both 682 codes in the case of a conflict between the codes, may be 683 appealed to a local administrative board designated by the 684 municipality, county, or special district having firesafety 685 responsibilities. If the decision of the local fire official and 686 the local building official is to apply the provisions of either 687 the Florida Building Code or the Florida Fire Prevention Code 688 and the Life Safety Code, the board may not alter the decision 689 unless the board determines that the application of such code is 690 not reasonable. If the decision of the local fire official and 691 the local building official is to adopt an alternative to the 692 codes, the local administrative board shall give due regard to 693 the decision rendered by the local officials and may modify that 694 decision if the administrative board adopts a better 695 alternative, taking into consideration all relevant 696 circumstances. In any case in which the local administrative 697 board adopts alternatives to the decision rendered by the local 698 fire official and the local building official, such alternatives 699 shall provide an equivalent degree of lifesafety and an 700 equivalent method of construction as the decision rendered by 701 the local officials. 702 (c) If the local building official and the local fire 703 official are unable to agree on a resolution of the conflict 704 between the Florida Building Code and the Florida Fire 705 Prevention Code and the Life Safety Code, the local 706 administrative board shall resolve the conflict in favor of the 707 code which offers the greatest degree of lifesafety or 708 alternatives which would provide an equivalent degree of 709 lifesafety and an equivalent method of construction. 710 (d) All decisions of the local administrative board, or if 711 none exists, the decisions of the local building official and 712 the local fire official in regard to the application, 713 enforcement, or interpretation of the Florida Fire Prevention 714 Code, or conflicts between the Florida Fire Prevention Code and 715 the Florida Building Code, are subject to review by a joint 716 committee composed of members of the Florida Building Commission 717 and the Fire Code Advisory Council. If the joint committee is 718 unable to resolve conflicts between the codes as applied to a 719 specific project, the matter shall be resolved pursuant to the 720 provisions of paragraph (1)(d). Decisions of the local 721 administrative board solely in regard to the provisions of the 722 Florida Building Code are subject to review as set forth in s. 723 553.775. 724 (e) The local administrative board shall, to the greatest 725 extent possible, be composed of members with expertise in 726 building construction and firesafety standards. 727 (f) All decisions of the local building official and local 728 fire official and all decisions of the administrative board 729 shall be in writing and shall be binding upon a person but do 730 not limit the authority of the State Fire Marshal or the Florida 731 Building Commission pursuant to paragraph (1)(d) and ss. 633.104 732 and 633.228. Decisions of general application shall be indexed 733 by building and fire code sections and shall be available for 734 inspection during normal business hours. 735 (19) In other than one- and two-family detached single 736 family dwellings, a local enforcing agency that requires a 737 permit to install or replace a hot water heater shall require 738 that a hard-wired or battery-operated water-level detection 739 device be secured to the drain pan area at a level lower than 740 the drain connection upon installation or replacement of the hot 741 water heater. The device must include an audible alarm and, if 742 battery-operated, must have a 10-year low-battery notification 743 capability. 744 (20) The Florida Building Code may not require more than 745 one fire access elevator in buildings that are Occupancy Group 746 R-2. 747 Section 13. Subsections (6) and (11) of section 553.79, 748 Florida Statutes, are amended to read: 749 553.79 Permits; applications; issuance; inspections.— 750 (6) A permit may not be issued for any building 751 construction, erection, alteration, modification, repair, or 752 addition unless the applicant for such permit complies with the 753 requirements for plan review established by the Florida Building 754 Commission within the Florida Building Code. However, the code 755 shall set standards and criteria to authorize preliminary 756 construction before completion of all building plans review, 757 including, but not limited to, special permits for the 758 foundation only, and such standards shall take effect concurrent 759 with the first effective date of the Florida Building Code. 760 After submittal of the appropriate construction documents, the 761 building official is authorized to issue a permit for the 762 construction of foundations or any other part of a building or 763 structure before the construction documents for the whole 764 building or structure have been submitted. No other agency 765 review or approval may be required before the issuance of a 766 phased permit due to the fact that the project will need all the 767 necessary outside agencies’ reviews and approvals before the 768 issuance of a master building permit. The holder of such permit 769 for the foundation or other parts of a building or structure 770 shall proceed at the holder’s own risk with the building 771 operation and without assurance that a permit for the entire 772 structure will be granted. Corrections may be required to meet 773 the requirements of the technical codes. 774 (11)(a) The local enforcing agency may not issue a building 775 permit to construct, develop, or modify a public swimming pool 776 without proof of application, whether complete or incomplete, 777 for an operating permit pursuant to s. 514.031. A certificate of 778 completion or occupancy may not be issued until such operating 779 permit is issued. The local enforcing agency shall conduct its 780 review of the building permit application upon filing and in 781 accordance with this chapter. The local enforcing agency may 782 confer with the Department of Health, if necessary, but may not 783 delay the building permit application review while awaiting 784 comment from the Department of Health. 785 (b) If the department determines under s. 514.031(2) that a 786 public pool or a public bathing place is not being operated or 787 maintained in compliance with department’s rules, the original 788 approved plans and specifications or variances, and the Florida 789 Building Code, the local enforcing agency shall permit and 790 inspect the repairs or modifications required as a result of the 791 department’s inspections and may take enforcement action to 792 ensure compliance. 793 Section 14. Subsections (4) and (7) of section 553.841, 794 Florida Statutes, are amended, to read: 795 553.841 Building code compliance and mitigation program.— 796 (4) In administering the Florida Building Code Compliance 797 and Mitigation Program, the department mayshallmaintain, 798 update, develop, or cause to be developed code-related training 799 and educationadvanced modules designedfor use by each 800 profession. 801(7) The Florida Building Commission shall provide by rule802for the accreditation of courses related to the Florida Building803Code by accreditors approved by the commission. The commission804shall establish qualifications of accreditors and criteria for805the accreditation of courses by rule. The commission may revoke806the accreditation of a course by an accreditor if the807accreditation is demonstrated to violate this part or the rules808of the commission.809 Section 15. Paragraph (a) of subsection (8) of section 810 553.842, Florida Statutes, is amended to read: 811 553.842 Product evaluation and approval.— 812 (8) The commission may adopt rules to approve the following 813 types of entities that produce information on which product 814 approvals are based. All of the following entities, including 815 engineers and architects, must comply with a nationally 816 recognized standard demonstrating independence or no conflict of 817 interest: 818 (a) Evaluation entities approved pursuant to this 819 paragraph. The commission shall specifically approve the 820 National Evaluation Service, the International Association of 821 Plumbing and Mechanical Officials Evaluation Service, the 822 International Code Council Evaluation Services, Underwriters 823 Laboratories, LLC, and the Miami-Dade County Building Code 824 Compliance Office Product Control Division. Architects and 825 engineers licensed in this state are also approved to conduct 826 product evaluations as provided in subsection (5). 827 Section 16. Section 553.908, Florida Statutes, is amended 828 to read: 829 553.908 Inspection.—Before construction or renovation is 830 completed, the local enforcement agency shall inspect buildings 831 for compliance with the standards of this part. The local 832 enforcement agency shall accept duct and air infiltration tests 833 conducted in accordance with the Florida Building Code-Energy 834 Conservation by individuals certified in accordance with s. 835 553.993(5) or (7) or individuals licensed under s. 836 489.105(3)(f), (g), or (i). The local enforcement agency may 837 accept inspections in whole or in part by individuals certified 838 in accordance with s. 553.993(5) or (7) or by individuals 839 certified as energy inspectors by the International Code 840 Council, provided that the inspection complies with the Florida 841 Building Code-Energy Conservation. 842 Section 17. Present subsections (2) through (35) of section 843 633.102, Florida Statutes, are redesignated as subsections (3) 844 through (36), a new subsection (2) is added to that section and 845 present subsection (34) is amended, to read: 846 633.102 Definitions.—As used in this chapter, the term: 847 (2) “Change of occupancy” means a change in the purpose of 848 level of activity within a building which involves a change in 849 application of the requirements of the Florida Fire Prevention 850 Code. 851(34) “Use” means application, employment; that enjoyment of852property which consists of its employment, occupation, exercise,853or practice.854 Section 18. Subsection (6) of section 633.104, Florida 855 Statutes, is amended to read: 856 633.104 State Fire Marshal; authority; duties; rules.— 857 (6) Only the State Fire Marshal may issue, and, when 858 requested in writing by any substantially affected person or a 859 local enforcing agency, the State Fire Marshal shall issue 860 declaratory statements pursuant to s. 120.565 relating to the 861 Florida Fire Prevention Code. For the purposes of this section, 862 the term “substantially affected person” means a person who, 863 will be, or may be affected by the application of the Florida 864 Fire Prevention Code to a property or building that the person 865 owns, controls, or is, or is considering purchasing, selling, 866 designing, constructing, or altering. A petition for declaratory 867 statement is not intended to be an appeal of a decision of a 868 local fire official or an appeal of a local board reviewing a 869 decision of a local fire official. 870 Section 19. Subsections (17), (18), and (19) are added to 871 section 633.202, Florida Statutes, to read: 872 633.202 Florida Fire Prevention Code.— 873 (17) In all new high-rise and existing high-rise buildings, 874 minimum radio signal strength for fire department communications 875 shall be maintained at a level determined by the authority 876 having jurisdiction. Existing buildings may not be required to 877 comply with minimum radio strength for fire department 878 communications and two-way radio system enhancement 879 communications as required by the Florida Fire Prevention Code 880 until January 1, 2022. Existing apartment buildings may not be 881 required to comply until January 1, 2025. 882 (18) Areas of refuge shall be provided when required by the 883 Florida Building Code-Accessibility. Required portions of an 884 area of refuge shall be accessible from the space they serve by 885 an accessible means of egress. 886 (19) Dead-end corridors within an apartment may not exceed 887 50-feet in buildings protected throughout by an approved 888 automatic supervised sprinkler system. 889 Section 20. Subsection (10) is added to section 633.216, 890 Florida Statutes, to read: 891 633.216 Inspection of buildings and equipment; orders; 892 firesafety inspection training requirements; certification; 893 disciplinary action.—The State Fire Marshal and her or his 894 agents or persons authorized to enforce laws and rules of the 895 State Fire Marshal shall, at any reasonable hour, when the State 896 Fire Marshal has reasonable cause to believe that a violation of 897 this chapter or s. 509.215, or a rule adopted thereunder, or a 898 minimum firesafety code adopted by the State Fire Marshal or a 899 local authority, may exist, inspect any and all buildings and 900 structures which are subject to the requirements of this chapter 901 or s. 509.215 and rules adopted thereunder. The authority to 902 inspect shall extend to all equipment, vehicles, and chemicals 903 which are located on or within the premises of any such building 904 or structure. 905 (10) In addition to any other requirements that may be 906 imposed by this state, fire prevention plan reviewers shall, 907 after 12 months from the effective date of this statute, be 908 certified, at a minimum, as a Fire Inspector I by the State Fire 909 Marshal. The State Fire Marshal may, by rule, determine 910 alternative educational and experience requirements, or 911 certifications, as equivalent. 912 Section 21. Calder Sloan Swimming Pool Electrical-Safety 913 Task Force.—There is established within the Florida Building 914 Commission a Calder Sloan Swimming Pool Electrical-Safety Task 915 Force, which is a task force as defined in s. 20.03, Florida 916 Statutes. 917 (1) The primary purpose of the task force is to study and 918 report to the Governor, the President of the Senate, and the 919 Speaker of the House of Representatives on recommended revisions 920 to the Florida Statutes concerning standards pertaining to 921 grounding, bonding, lighting, wiring, and all electrical aspects 922 for safety in and around public and private swimming pools. The 923 task force report is due by October 1, 2015. 924 (2) The task force shall consist of 10 members, including 925 the chair of the Florida Building Commission or her or his 926 designee, the State Surgeon General or her or his designee, and 927 8 members who are appointed by the chair of the Florida Building 928 Commission. Each appointed member must be or represent one of 929 the following: 930 (a) An electrical contractor certified to do business in 931 this state and actively engaged in the profession, who has 932 experience with swimming pools. 933 (b) A general contractor certified to do business in this 934 state and actively engaged in the profession, who has experience 935 with swimming pools. 936 (c) A swimming pool contractor licensed to do business in 937 this state and actively engaged in the profession. 938 (d) An electric utility provider doing business in this 939 state. 940 (e) A county building code inspector. 941 (f) A licensed real estate broker. 942 (g) An owner of a public swimming pool as defined in s. 943 514.011, Florida Statutes. 944 (h) An owner of a private swimming pool as defined in s. 945 514.011, Florida Statutes. 946 (3) The members of the task force shall elect the chair. 947 (4) The Florida Building Commission shall provide such 948 staff, information, and other assistance as is reasonably 949 necessary to assist the task force in carrying out its 950 responsibilities. 951 (5) Members of the task force shall serve without 952 compensation, but may receive reimbursement as provided in s. 953 112.061, Florida Statutes, for travel and other necessary 954 expenses incurred in the performance of their official duties. 955 (6) The task force shall meet as often as necessary to 956 fulfill its responsibilities and meetings may be conducted by 957 conference call, teleconferencing, or similar technology. 958 (7) This section expires December 31, 2015. 959 Section 22. This act shall take effect July 1, 2015.