Resolution 156-20171
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 156 -2017
A RESOLUTION AMENDING RESOLUTION NO. 119 -2016 (A), THE
PERMITTING FEE SCHEDULE; ADDING A REDUCTION OF CERTAIN
PERMIT FEES WHEN THE SERVICES OF PRIVATE PROVIDER ARE
APPOINTED TO CONDUCT PLANS REVIEW AND /OR BUILDING
INSPECTIONS; AND PROVIDING FOR AN IMPLEMENTATION DATE
WHEREAS the County protects life and safety through review of construction
plans and inspection of construction work as provided by the Florida Building Code; and
WHEREAS these services provided by the County are engaged at the discretion
of applicants and for the benefit of applicants; and
WHEREAS the Monroe County Board of County Commissioners wish to provide
the citizens of the County with the best possible service in the most cost effective and
reasonable manner; and
WHEREAS the Board finds that it would be in the best interests of the public to
charge costs for services, thereby placing the burden of such costs directly upon those
parties deriving the benefit from such services; and
WHEREAS the updated fee schedules prepared by the Building Department for
providing these services include a reduction of appropriate permit fees as indicated in
House Bill 1021, amending F.S. 553.791 in Exhibit 4; and
WHEREAS the Board heard testimony and evidence presented as to the
appropriate fee schedule.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Pursuant to Monroe County Code, the following building permit fees were
developed by Maximus as shown in Exhibit 3 and are hereby established:
(All applicable fees within this Fee Schedule are subject to Florida Permit
Surcharge Program Fees as per F.S. 553.721 and F.S. 468.631.)
(A) BUILDING PERMIT APPLICATION FEES:
1. Upon submission of application:
a. Valuation -based permit jobs valued at $5,000 or more require fifty percent
(50 %) of the building permit fee due, with remaining balance of building
permit fee plus one hundred percent (100 %) of planning, environmental,
and /or fire fee as applicable due at issuance.
b. Permit jobs valued at less than $5,000 require one hundred percent
(100 %) of the fee due.
Page 1 of 8
Band From To Building Planning Environmental Fire Total
1 $5,000 $99,999 $31.20 $6.70 $7.43 $0.00 $45.34
2 $100,000 $299,999 $13.48 $3.87 $3.62 $0.00 $20.96
3 $300,000 $999,999 $9.48 $2.35 $1.97 $0.00 $13.81
4 $1,000,000 + $8.13 $2.44 $0.72 $0.00 $11.29
83
84 4. For residential projects which require plan review by Fire, including, but not
85 limited to, modular homes and community developments, the fees in Section
86 (C) shall apply.
87
88 (C) COMMERCIAL BUILDING PERMIT FEES:
89
90 1. For commercial construction projects valued at less than $5,000, fees for
91 construction shall be based on the flat rates below.
92
Commercial Fee per Application-Job Value<$5,000
Building Permits
Building Planning Environmental Fire Total
under$5,000
Commercial $155.00 $5.00 $11.00 $10.00 $181.00
93
94 2. For commercial construction projects valued at $5,000 or more, fees for
95 construction shall be based on the rates below and the applicant shall only be
96 assessed the fees for those disciplines which are deemed necessary for code
97 compliance. In the event a particular discipline review is not required for code
98 compliance, the applicant shall not be assessed the rate of that particular
99 discipline. For example, in the event only a Building review is deemed
100 necessary to ensure a particular application complies with Monroe County
101 Code, the applicant shall not be assessed the fee for Planning and
102 Environmental.
103 a. A project whose value exceeds the lowest value band shall be priced
104 based on value in band 1 times rate for band 1 plus the value in the next
105 highest band times the rate for that higher band.
106 b. Building Department fees shall be applied as follows:
107 i. The rate table below itemizes the maximum Building fee, which
108 includes all 5 building discipline reviews (Structural, Electrical,
109 Mechanical, Plumbing, and Flood disciplines).
110 ii. If no Building disciplines are involved in reviewing the permit, the
111 permit will be charged 25% of the maximum Building fee for
112 processing and application costs.
113 iii. If less than 5 building disciplines are involved, the permit will be
114 charged an additional 15% of the maximum Building fee (over the
115 25% for processing and application costs) for each of the Building
116 disciplines involved in reviewing the permit.
117
COMMERCIAL PERMITS Job Value $5,000 or More
PROJECT VALUE Permit Cost per $1,000 Project Value
Page 3 of 8
Band
From
To
Building
Planning
Environmental
Fire
Total
1
$5,000
$99,999
$31.20
$6.70
$7.43
$0.00
$45.34
2
$100,000
$299,999
$13.48
$3.87
$3.62
$0.00
$20.96
3
$300,000
$999,999
$9.48
$2.35
$1.97
$0.00
$13.81
4
$1,000,000
+
$8.13
$2.44
$0.72
$0.00
$11.29
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
4. For residential projects which require plan review by Fire, including, but not
limited to, modular homes and community developments, the fees in Section
(C) shall apply.
(C) COMMERCIAL BUILDING PERMIT FEES:
1. For commercial construction projects valued at less than $5,000, fees for
construction shall be based on the flat rates below.
Building Permits Building Planning Environmental Fire Total
under $5,000
Commercial $155.00 $5.00 $11.00 $10.00 $181.00
2. For commercial construction projects valued at $5,000 or more, fees for
construction shall be based on the rates below and the applicant shall only be
assessed the fees for those disciplines which are deemed necessary for code
compliance. In the event a particular discipline review is not required for code
compliance, the applicant shall not be assessed the rate of that particular
discipline. For example, in the event only a Building review is deemed
necessary to ensure a particular application complies with Monroe County
Code, the applicant shall not be assessed the fee for Planning and
Environmental.
a. A project whose value exceeds the lowest value band shall be priced
based on value in band 1 times rate for band 1 plus the value in the next
highest band times the rate for that higher band.
b. Building Department fees shall be applied as follows:
i. The rate table below itemizes the maximum Building fee, which
includes all 5 building discipline reviews (Structural, Electrical,
Mechanical, Plumbing, and Flood disciplines).
ii. If no Building disciplines are involved in reviewing the permit, the
permit will be charged 25% of the maximum Building fee for
processing and application costs.
iii. If less than 5 building disciplines are involved, the permit will be
charged an additional 15% of the maximum Building fee (over the
25% for processing and application costs) for each of the Building
disciplines involved in reviewing the permit.
PROJECT VALUE I I Permit Cost per $1,000 Project Value
Page 3 of 8
Band
From
To
a. Building - New Residential or Commercial
Building
Planning
Environmental
Fire
Total
1
$5,000
$99,999
$10.00
$31.20
$6.70
$7.43
$2.56
$47.90
2
$100,000
$299,999
5.
$13.48
$3.87
$3.62
$7.66
$28.62
3
$300,000
$999,999
$9.48
$2.35
$1.97
5.66
$19.45
4
$1,000,000
+
$8.13
$2.44
$0.72
4.66
$15.95
118
119 (D) ADDITIONAL FEES APPLIED TO ALL BUILDING PERMITS:
120
1. Code Compliance - Contractor Investigation
$11.00
2. Education:
a. Building - New Residential or Commercial
$25.00
b. Building - All Other Permits (per discipline per permit)
$2.00
c. Environmental
$10.00
d. Planning
$10.00
e. Fire (Commercial Only)
$10.00
121
122 (E) FLOODPLAIN MANAGEMENT FEES:
123
1.
Flood Certificate of Compliance
$300.00
2.
Flood proofing Inspection
$100.00
3.
Flood Sale Inspection/Transfer of Ownership
$170.00
4.
Variances to the Floodplain Management Requirements
$1,500.00
Application Fee
plus Hearing
Fees*
5.
Appeals (Administrative) Regarding Floodplain
$1,500.00
Management Provisions
Application Fee
plus Hearing
Fees*
6.
*Hearing Fees. Applicant shall pay half the cost of the hourly rate ($71 /hour),
travel and expenses of any hearing officer. The County is currently charged
$142.00 per hour by Department of Administrative Hearings (DOAH). If the
fee charged to the County is increased, the charge will change
proportionately. An estimated amount of one -half of the hearing officer costs
as determined by the County Attorney ( i n i t i a l l y 10 hours - $710 t o
be paid prior to processing the application)shall be deposited
by the applicant along with the application fee, and shall be returned to the
applicant if unused. If the hearing is less than 10 hours, a refund will be made.
It is more than 10 hours, the remaining fee due, must be paid prior to permit
issuance.
124
125 (F) PLANNING AND ENVIRONMENTAL RESOURCES FEES:
126
1. Research, minimum fee per hour or fraction thereof 1 $50.00
127
Page 4 of 8
128 (G) MISCELLANEOUS FEES:
129
1. Administrative Appeal of Building Official
$1,500.00
a. plus Required Advertising
$245.00
2. After Hours Inspections (per hour, two hour minimum)
$75.00
3. Certificate of Occupancy - Residential
$100.00
4. Certificate of Occupancy - Commercial
$200.00
5. Certificate of Completion - Residential or Commercial
$100.00
6. Change Contractor
$75.00
7. Contractor Registration
$50.00
8. Copies
a. Approved Plan Set Reproduction and other copies
larger than 14 inches by 8'/2 inches
$5.00 per page
b. Other copies not more than 14 inches by 8'/2 inches
Use legislated fee
per page (per FS
119.07(4)(a)1.
and 2.
c. Copies requiring more than 15 minutes of staff time
Actual labor cost
(per FS 119.07
4 a 3.and d
9. Excavation: Borrow Pits, Canals, Etc.
$500.00 annually
10. Extensions
a. Legislative
No Fee
b. Monroe County 180 Day Extension
$250.00
11. Hurricane Shutters (valued less than $2,500)
No Fee
12. Invasive Exotic Vegetation Removal (10 or fewer stems)
No Fee
13. Notice to Proceed
$976.00
14. Permit Investigations related to closing open /expired permit on a real estate
number/ parcel ID:
a. Investigation concluding that permit has passed all
required inspections, including those where County
did not close permit after inspection(s
No Fee
b. Investigation requiring review by Building Official,
Plans Examiners and /or Inspectors, minimum fee per
real estate number / parcel ID (up to 1 hour staff time
$50.00
i. Each additional Hour of staff time or fraction
thereof, per real estate number/ parcel ID
$50.00
c. Permit Investigations not related to closing open /
expired permit on a real estate number / parcel ID,
minimum fee per hour or fraction thereof
$50.00
15. Permit Referral Process (sent to Fish and Wildlife
Service ) - may affect determination
$600.00
16. First failed inspection (per inspection code)
No Fee
17. Reinspection - Each subsequent failed reinspection (per
inspection code
$100.00
Page 5 of 8
18. Reopen permit (per discipline)
$50.00
19. Replacement Permit Card
$25.00
20. ROGO /NROGO Revision — Completely New Structure
Valuation -based
(including a revision submitted after receiving a
(Section B or C,
ROGO /NROGO allocation) - Required to submit new
with applicable
permit application and plans with approved ROGO
items from D
allocation from previously submitted permit application but
and /or G)
no new ROGO application would be required if deadlines
are met
21. ROGO /NROGO Revision — Minor revisions to Structure
$50.00 per
based on building code requirement changes from time
applicable
permit was originally applied for and time building code
discipline, not to
was amended, prior to permit issuance, with new code
exceed $500
requirements, with no footprint orsquare foot change
22. ROGO /NROGO Revision — Major revisions to structure
$1,000.00
with footprint orsquare footage increase
23. Non -ROGO /Non -NROGO Revisions
$10.00 per plan
page due at time
of submittal
24. Temporary Construction Trailer
$200.00 per trailer
25. Temporary Use / Temporary Tent
$50.00 permit fee
and an additional
$50 per tent
26. Transfer of Permit Upon Change of Ownership
$200.00
27. Work commencing before permit issuance
100% penalty
above the
applicable
valuation -based
fee or flat fee for
the work, plus
code check
compliance fees
28. Private Provider Fee Credit - A credit of 50% of the
Valuation -based
Permit fees for projects valued at $5000 or more shall be
(Section B or C)
given toward fees charged under Section (B) (3) or (C) (2)
for projects that indicate they will use private provider for
inspections and plan review prior to submitting an
application for permitting.
A credit of 25% of the Permit fees for projects valued at
$5000 or more shall be given toward fees charged under
Section (B) (3) or (C) (2) for projects that indicate they will
use private provider for inspections OR plan review prior
to submitting an application for permitting.
If a project indicates they will use private provider in
advance of the permit application and decides not to
Page 6 of 8
continue using a private provider after construction starts,
they will owe the full permit fee prior to the County plans
examiners or inspectors pursuing work under the permit.
Section 2. Fee schedules are provided for applicant convenience, but County staff
shall be responsible for confirming the facts of each application and the
amount of fees due.
Section 3. All applications for permits shall pay the amount confirmed by the County
prior to and as a condition of issuance of the permit.
Section 4. Termination of the related construction work prior to completion shall not
entitle the applicant to a refund of fees paid.
Section 5. Projects of an infrequent or unusual nature that are not otherwise
addressed in this resolution shall be subject to an estimate of permit fees
by County staff as needed.
Section 6. The fees established in this resolution shall be applicable through
September 30, 2018. Thereafter, annually, beginning October 1 of each
following year, they shall be adjusted by the percentage change in the CPI
from the previous year. Every four to five years, the County will adjust fees
based on the most current appropriations applicable to provide
development approval services as conditions merit.
Section 7. Resolution No. 119 -2016 (A), is hereby rescinded.
Section 8. The staff is hereby directed to retroactively implement the decreased fire
fees on all permits issued on or after October 1, 2014. Any application
submitted prior to October 1, 2014 whose application fees exceed the total
permit fees due shall not be refunded.
Section 9. The staff is hereby directed to discount building, planning, environmental,
and fire fees [found above in Section (B) 3.) by 35% as follows for permit
applications submitted prior to October 1, 2014 , whose job value is
greater than or equal to $5,000, until 12/31/15. All other required permit
fees shall be applied (e.g. contractor investigation, education, and Florida
Surcharge.) The Growth Management Director is authorized to issue
refunds to applicants that paid in full between 10/1/14 and 12/31/15.
Those refunds shall be reported to the Board of County Commission
during 2016.
Section 10. The staff is hereby directed to implement these fees on all applications
submitted beginning July 1, 2017.
Section 11. The Clerk of the Court is hereby directed to forward one (1) certified copy
of this Resolution to the Management Building
Department.
Page 7 of 8
175
176 PASSED and ADOPTED at a regular meeting of the Board of County Commissioners
177 of Monroe County, Florida held on the 21 st day of June, 2017.
178
Mayor George Neugent Yes
Mayor Pro Tern David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
179
180.
M BETARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
1
1� ..
`
BY:
Mayor George Neugent
1
. SEAL)
,
MADOK, CLERK
° '. �_: D.C.
187
MONROE COUNTY ATTORNEY
APORPVED AS Oj
�ly:
fi. WILLIAMS
ASSISTANT COUN JTTORNEY
Date
G3= O J
U�
CD
U- Yw
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Page 8 of 8
1
Exhibit 3 — Description of MAXIMUS Fee Analysis Methodology
This document describes the process undertaken between Monroe County and MAXIMUS Consulting,
Inc. to determine the actual costs of providing permit - related services. Monroe County used the
information from this process to determine prices for those services, which have been incorporated into
the updated fee schedule.
Step 1: Collection of Relevant Costs
• The Growth Management FY 2013 budget serves as a starting point for the costs we included in
our analysis. Per the direction of the Board of County Commissioners on February 19, 2014,
indirect, legal, and one -time expenditures from FY 2013 were excluded, as indicated in Exhibit 1.
• The County reviewed its staff roster to identify which employees participated in permit - related
services and to what extent. The results of that review, shown in Exhibit 2, detail the Growth
Management costs that are included in our analysis. The percentage of time spent on permit -
related activities is multiplied by annual salaries and benefits to first determine labor costs. Then
the percentage of permit - related effort within each division is multiplied times the other direct
costs from Exhibit 1. The totals provide the cost of permit - related services for both labor and
other direct expenses.
Step 2: Collection of Time Data
• We obtained data on how staff spent their time on permit - related activities in order to allocate
costs to those activities. This data collection was done in two stages:
• First, MAXIMUS interviewed Growth Management staff to obtain first -hand accounts of
the work performed and the time required for all steps required to issue permits.
• Second, staff completed time sheets over a four -week time period, detailing how their
time was spent in increments of 15 minutes.
• MAXIMUS used a combination of these two data sets to calculate the time required to provide
each permit or permit - related administrative activity. Time sheet data was the primary source
used for calculations of time spent in each activity. Given that not all activities occurred within
the time sheet period, or that some of them occurred in quantities too small to provide an
accurate assessment of time spent, staff estimates were used as a supplement when time sheet
data was insufficient.
Step 3: Allocation of Costs to Activities
• The new fee schedule employs two pricing methods: 1) flat fees for administrative and
miscellaneous activities, as well as for residential and commercial projects with less than $5,000
of contract value, and 2) valuation -based fees for residential and commercial projects with a
contract value of $5,000 or more. The calculation of the costs for these services employed a
two -step process.
1) Flat Fee Costs: We based the costs for flat fee services on the time data collected in step
two. These times per activity were multiplied by an average staff hourly rate and a
percentage charge for applicable department administrative support to obtain a cost per
activity. This was done separately for each department and added at the end for a total cost
for each service across Growth Management.
2) Valuation -Based Fee Costs: We also based the costs for valuation -based services on Step 2's
time data, but the process was different than for flat fees:
a. First, the County and MAXIMUS developed four value bands to create a tiered
system of calculating valuation -based permit costs. These bands were designed to
recognize that while projects of increasing cost and complexity require increasing
amounts of work, that increase is not linear. Having four value bands allows the
County to charge four separate rates and to more accurately tie the costs of services
to the parts of the permitting process where those costs occur.
b. Second, the staff interviews and time sheet data collection included these value
bands, and obtained information on how staff spent their time working on projects
of varying contract values.
c. Third, FY 2012 permits were examined to calculate the contract value of permit
issued, and divided that value into the four bands. These values were divided by
$1,000 so that the final rates would be in increments of price per $1,000 of contract
value.
d. Fourth, total costs for the flat fee services mentioned above were removed from the
overall cost pool, leaving only the costs associated with projects with a contract
value of $5,000 or above. These total costs were then associated with the four
bands as indicated by staff time data. For instance, Building data showed that 73%
of staff time was spent working on permit values from $5,000 to $99,999, so 73% of
the Building costs that were not flat fee permit related were allocated to Band 1.
e. Fifth, the costs for each band were divided by the contract values that fell into each
band. This created a calculation of the cost of services for each $1,000 of contract
value within the bands.
f. Sixth, for the Building Department only, an adjustment to those rates was applied to
account for the fact that some permits do not require the review of all Building
disciplines. Growth Management decided to adjust the Building rates based on the
number of disciplines involved, as described in (B)3.b. and (C)2.b. To maintain full
cost recovery of Building costs, the rates were adjusted so that charging incremental
portions of the rates would still recoup all costs associated with Building
Department effort.
The results of these calculations were analyzed by Growth Management, and were weighed against
previous direction from the Board of County Commissioners on previously agreed to prices for
Growth Management services. The final results are reflected in the current fee resolution
Exhibit 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
CSICSIHB 1021, Engrossed 1 2017 Legislature
1
2 An act relating to construction; amending s. 377.705,
3 F.S.; revising legislative findings and intent;
4 authorizing solar energy systems manufactured or sold
5 in the state to be certified by professional
6 engineers; amending s. 489.103, F.S.; revising an
7 exemption from construction contracting regulation for
8 certain public utilities; deleting responsibility of
9 the Construction Industry Licensing Board to define
10 the term "incidental to their business" for certain
11 purposes; amending s. 553.79, F.S.; prohibiting a
12 political subdivision from adopting or enforcing
13 certain building permits or other development order
14 requirement; providing construction; providing for
15 preemption of certain local laws and regulations;
16 providing for retroactive applicability; providing an
17 exception; amending s. 468.603, F.S.; revising
18 definitions; amending s. 468.609, F.S.; revising
19 eligibility requirements for the examination for
20 certification as a building code inspector or plans
21 examiner to include an internship certification
22 program; removing an eligibility condition from
23 provisions related to provisional certificates;
24 requiring the Florida Building Code Administrators and
25 Inspectors Board to establish rules; amending s.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
CS /CS /HB 1021, Engrossed 1
2017 Legislature
26 468.617, F.S.; authorizing specified entities to
27 contract for the provision of building code
28 administrator and building official services; amending
29 s. 553.791, F.S.; conforming provisions to changes
30 made by the act; revising a definition; requiring
31 local jurisdictions to reduce certain permit fees;
32 amending ss. 471.045 and 481.222, F.S.; conforming
33 cross - references; amending s. 553.80, F.S.;
34 prohibiting local enforcement agencies, independent
35 districts, and special districts from charging certain
36 fees; amending s. 553.73, F.S.; revising requirements
37 for updating the Florida Building Code; providing that
38 certain amendments to the Florida Building Code are
39 not void under certain circumstances; providing that
40 certain technical amendments are subject to review or
41 modification; requiring the commission to adopt and
42 update the Florida Building Code through certain
43 review rather than by rule; revising requirements
44 relating to the codes used to update the Florida
45 Building Code; specifying minimum requirements for
46 updates to the Florida Building Code; authorizing the
47 commission to adopt as a technical amendment any
48 portion of specified codes; conforming provisions to
49 changes made by the act; prohibiting the Florida
50 Building Commission from adopting certain code
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
CS /CS /HB 1021, Engrossed 1
2017 Legislature
51 provisions or standards; amending s. 553.76, F.S.;
52 authorizing the commission to adopt the Florida
53 Building Code and amendments thereto by a specified
54 number of votes; creating s. 553.9081, F.S.; requiring
55 the Florida Building Commission to amend certain
56 provisions of the Florida Building Code; amending s.
57 633.208, F.S.; prohibiting a county, municipality,
58 special taxing district, public utility, or private
59 utility from requiring a separate water connection or
60 charging a specified water or sewage rate under
61 certain conditions; prohibiting a local government
62 from requiring a permit for painting a residence;
63 requiring the Department of Education to develop a
64 plan for specified purposes; requiring Department of
65 Education to provide the plan to the Construction
66 Industry Workforce Task Force by a specified date;
67 requiring CareerSource Florida, Inc., to develop a
68 plan for specified purposes; requiring CareerSource
69 Florida, Inc., to provide the plan to the Construction
70 Industry Workforce Taskforce by a specified date;
71 requiring the Florida Building Commission to amend
72 specified provisions of the Florida Building Code
73 related to door components; amending s. 489.516, F.S.;
74 specifying that certain provisions do not prevent a
75 certified electrical or alarm system contractor from
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
CS /CS /HB 1021, Engrossed 1 2017 Legislature
76 acting as a prime contractor under certain
77 circumstances; providing an effective date.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Section 377.705, Florida Statutes, is amended
82 to read:
83 377.705 Solar Energy Center; development of solar energy
84 standards. -
85 (1) SHORT TITLE. -This act shall be known and may be cited
86 as the Solar Energy Standards Act of 1976.
87 (2) LEGISLATIVE FINDINGS AND INTENT. -
88 (a) - aeec s se of inereases i n the ee t of eenyeRhierral feel,
89 eertain applieatiens ef se1ar energy are be eemi n g
7 . __s ctiti
90 partieu = r l y 6�h en l fe e rSlZl'E' red. i hh..
91 intent ef the egislatere in €erse
J
92 energy peliey fee the s tate
93 alte energy _ eapaiility in the fees ef WeVe s
94 ee-
95 , The Legislature intends to
96 p E e v i-de —.teems es fee the preduetien and sale ef, and he s �
97 stands fee, s-elaE -e y systems. S standard ensure
98 that solar energy systems manufactured or sold within the state
99 are effective and represent a high level of quality of
100 materials, workmanship, and design.
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ENROLLED
CS /CS /HB1021, Engrossed 1
2017 Legislature
101 (3) DEFINITIONS. — As used in this section, the term:
102 (a) "Center" means 4:j E i e f neE as the Florida Solar Energy
103 Center of the Board of Governors.
104 (b) "Solar energy systems" means is definee as equipment
105 which provides for the collection and use of incident solar
106 energy for water heating, space heating or cooling, or other
107 applications which normally require or would require a
108 conventional source of energy such as petroleum products,
109 natural gas, or electricity and which performs primarily with
110 solar energy. In such other systems in which solar energy is
111 used in a supplemental way, only those components which collect
112 and transfer solar energy shall be included in this definition.
113 (4) FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS, REQUIRE
114 DISCLOSURE, SET TESTING FEES. -
115 (a) The center shall develop and adopt .-.r.....,,' n, }e
116 standards for solar energy systems manufactured or sold in this
117 state based on the best currently available information and
118 shall consult with scientists, engineers, or persons in research
119 centers who are engaged in the construction of, experimentation
120 with, and research of solar energy systems to properly identify
121 the most reliable designs and types of solar energy systems.
122 (b) The center shall establish criteria for testing
123 performance of solar energy systems and shall maintain the
124 necessary capability for testing or evaluating performance of
125 solar energy systems. The center may accept results of tests on
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126 solar energy systems made by other organizations, companies, or
127 persons if when such tests are conducted according to the
128 criteria established by the center and if ._R the testing
129 entity does not have a hue -ne vested interest in the
130 manufacture, distribution, or sale of solar energy systems.
131 (c) The center shall be entitled to receive a testing fee
132 sufficient to cover the costs of such testing. All testing fees
133 shall be transmitted by the center to the Chief Financial
134 Officer to be deposited in the Solar Energy Center Testing Trust
135 Fund, which is hei=eley created in the State Treasury, and
136 disbursed for the payment of expenses incurred in testing solar
137 energy systems.
138 (d) All solar energy systems manufactured or sold in the
139 state must meet the standards established by the center and
140 shall display accepted results of approved performance tests in
141 a manner prescribed by the center unless otherwise certified by
142 an engineer licensed pursuant to ch. 471 using the standards
143 contained in the most recent version of the Florida Building
144 Code
145 Section 2. Subsection (5) of section 489.103, Florida
146 Statutes, is amended to read:
147 489.103 Exemptions. —This part does not'apply to:
148 (5) Public utilities, including municipal gas utilities
149 and special gas districts as defined in chapter 189,
150 telecommunications companies as defined in s. 364.02(13), and
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151 natural gas transmission companies as defined in s. 368.103(4),
152 on construction, maintenance, and development work performed by
153 their employees be' eh r-k, inel- Ei �it net- lifftri- ecl4e, werk
154 en lafi Eig e s r-e aeis, —s t f eet-s, 1=ti g h a-a� ear -a-i l i= ewe
155 zneide t , t„ the4 19 . , siness The —bead shall elefine lay — itrle,
156 # h e } " i re-i dear e 4 heir business" f emme sees e f }tee
157 ,ti-.,,eet
158 Section 3. Subsection (20) is added to section 553.79,
159 Florida Statutes, to read:
160 553.79 Permits; applications; issuance; inspections. -
161 (20)(a) A political subdivision of this state may not
162 adopt or enforce any ordinance or impose any building permit or
163 other development order requirement that:
164 1. Contains any building, construction, or aesthetic
165 requirement or condition that conflicts with or impairs
166 corporate trademarks, service marks, trade dress, logos, color
167 patterns, design scheme insignia, image standards, or other
168 features of corporate branding identity on real property or
169 improvements thereon used in activities conducted under chapter
170 526 or in carrying out business activities defined as a
171 franchise by Federal Trade Commission regulations in 16 C.F.R.
172 ss. 436.1, et. seq.; or
173 2. Imposes any requirement on the design, construction or
174 location of signage advertising the retail price of gasoline in
175 accordance with the requirements of ss. 526.111 and 526.121
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176 which prevents the signage from being clearly visible and
177 legible to drivers of approaching motor vehicles from a vantage
178 point on any lane of traffic in either direction on a roadway
179 abutting the gas station premises and meets height, width, and
180 spacing standards for Series C, D, or E signs, as applicable,
181 published in the latest edition of Standard Alphabets for
182 Highway Signs published by the United States Department of
183 Commerce, Bureau of Public Roads, Office of Highway Safety.
184 (b) This subsection does not affect any requirement for
185 design and construction in the Florida Building Code.
186 (c) All such ordinances and requirements are hereby
187 preempted and superseded by general law. This subsection shall
188 apply retroactively.
189 (d) This subsection does not apply to property located in
190 a designated historic district.
191 Section 4. Section 468.603, Florida Statutes, is reordered
192 and amended to read:
193 468.603 Definitions. —As used in this part:
194 (2)4-1+ "Building code administrator" or "building
195 official" means any of those employees of municipal or county
196 governments or any person contracted, with building
197 construction regulation responsibilities who are charged with
198 the responsibility for direct regulatory administration or
199 supervision of plan review, enforcement, or inspection of
200 building construction, erection, repair, addition, remodeling,
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201 demolition, or alteration projects that require permitting
202 indicating compliance with building, plumbing, mechanical,
203 electrical, gas, fire prevention, energy, accessibility, and
204 other construction codes as required by state law or municipal
205 or county ordinance. This term is synonymous with "building
206 official" as used in the a-elfftinistiat-�xo =e—eh :mac= ef -4�lzie St-aRelai=d
207 Florida Building Code. One person
208 employed or contracted by each municipal or county government as
209 a building code administrator or building official and who is so
210 certified under this part may be authorized to perform any plan
211 review or inspection for which certification is required by this
212 part including performing any plan review or inspection as a
213 currently designated standard certified building official under
214 an interagency service agreement with a jurisdiction having a
215 population of 50,000 or less
216 (4) +}- "Building code inspector" means any of those
217 employees of local governments or state agencies or any person
218 contracted, with building construction regulation
219 responsibilities who themselves conduct inspections of building
220 construction, erection, repair, addition, or alteration projects
221 that require permitting indicating compliance with building,
222 plumbing, mechanical, electrical, gas, fire prevention, energy,
223 accessibility, and other construction codes as required by state
224 law or municipal or county ordinance.
225 (1) +3+ "Board" means the Florida Building Code
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226 Administrators and Inspectors Board.
227 (7) +4-} "Department" means the Department of Business and
228 Professional Regulation.
229 (6) +z5} "Certificate" means a certificate of qualification
230 issued by the department as provided in this part.
231 (5) -( 6-)- "Categories of building code inspectors" include
232 the following:
233 (a) "Building inspector" means a person who is qualified
234 to inspect and determine that buildings and structures are
235 constructed in accordance with the provisions of the governing
236 building codes and state accessibility laws.
237 (b) "Coastal construction inspector" means a person who is
238 qualified to inspect and determine that buildings and structures
239 are constructed to resist near - hurricane and hurricane velocity
240 winds in accordance with the provisions of the governing
241 building code.
242 (c) "Commercial electrical inspector" means a person who
243 is qualified to inspect and determine the electrical safety of
244 commercial buildings and structures by inspecting for compliance
245 with the provisions of the National Electrical Code.
246 (h) -{i* "Residential electrical inspector" means a person
247 who is qualified to inspect and determine the electrical safety
248 of one and two family dwellings and accessory structures by
249 inspecting for compliance with the applicable provisions of the
250 governing electrical code.
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251 (e) "Mechanical inspector" means a person who is qualified
252 to inspect and determine that the mechanical installations and
253 systems for buildings and structures are in compliance with the
254 provisions of the governing mechanical code.
255 (g) -{ "Plumbing inspector" means a person who is
256 qualified to inspect and determine that the plumbing
257 installations and systems for buildings and structures are in
258 compliance with the provisions of the governing plumbing code.
259 (f) +Ej+ "One and two family dwelling inspector" means a
260 person who is qualified to inspect and determine that one and
261 two family dwellings and accessory structures are constructed in
262 accordance with the provisions of the governing building,
263 plumbing, mechanical, accessibility, and electrical codes.
264 (d) +hr� "Electrical inspector" means a person who is
265 qualified to inspect and determine the electrical safety of
266 commercial and residential buildings and accessory structures by
267 inspecting for compliance with the provisions of the National
268 Electrical Code.
269 (8) -}- "Plans examiner" means a person who is qualified to
270 determine that plans submitted for purposes of obtaining
271 building and other permits comply with the applicable building,
272 plumbing, mechanical, electrical, gas, fire prevention, energy,
273 accessibility, and other applicable construction codes. The term
274 includes a residential plans examiner who is qualified to
275 determine that plans submitted for purposes of obtaining
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276 building and other permits comply with the applicable
277 residential building, plumbing, mechanical, electrical, gas,
278 energy, accessibility, and other applicable construction codes.
279 Categories of plans examiners include:
280 (a) Building plans examiner.
281 (b) Plumbing plans examiner.
282 (c) Mechanical plans examiner.
283 (d) Electrical plans examiner.
284 (3) +8+ "Building code enforcement official" or
285 "enforcement official" means a licensed building code
286 administrator, building code inspector, or plans examiner.
287 Section 5. Paragraph (c) of subsection (2), paragraphs (a)
288 and (d) of subsection (7), and subsection (10) of section
289 468.609, Florida Statutes, are amended to read:
290 468.609 Administration of this part; standards for
291 certification; additional categories of certification. -
292 (2) A person may take the examination for certification as
293 a building code inspector or plans examiner pursuant to this
294 part if the person:
295 (c) Meets eligibility requirements according to one of the
296 following criteria:
297 1. Demonstrates 5 years' combined experience in the field
298 of construction or a related field, building code inspection, or
299 plans review corresponding to the certification category sought;
300 2. Demonstrates a combination of postsecondary education
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301 in the field of construction or a related field and experience
302 which totals 4 years, with at least 1 year of such total being
303 experience in construction, building code inspection, or plans
304 review;
305 3. Demonstrates a combination of technical education in
306 the field of construction or a related field and experience
307 which totals 4 years, with at least 1 year of such total being
308 experience in construction, building code inspection, or plans
309 review;
310 4. Currently holds a standard certificate issued by the
311 board or a firesafety inspector license issued pursuant to
312 chapter 633, has a minimum of 3 years' verifiable full -time
313 experience in inspection or plan review, and has satisfactorily
314 completed a building code inspector or plans examiner training
315 program that provides at least 100 hours but not more than 200
316 hours of cross - training in the certification category sought.
317 The board shall establish by rule criteria for the development
318 and implementation of the training programs. The board shall
319 accept all classroom training offered by an approved provider if
320 the content substantially meets the intent of the classroom
321 component of the training program;
322 5. Demonstrates a combination of the completion of an
323 approved training program in the field of building code
324 inspection or plan review and a minimum of 2 years' experience
325 in the field of building code inspection, plan review, fire code
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326 inspections and fire plans review of new buildings as a
327 firesafety inspector certified under s. 633.216, or
328 construction. The approved training portion of this requirement
329 shall include proof of satisfactory completion of a training
330 program that provides at least 200 hours but not more than 300
331 hours of cross - training that is approved by the board in the
332 chosen category of building code inspection or plan review in
333 the certification category sought with at least 20 hours but not
334 more than 30 hours of instruction in state laws, rules, and
335 ethics relating to professional standards of practice, duties,
336 and responsibilities of a certificateholder. The board shall
337 coordinate with the Building Officials Association of Florida,
338 Inc., to establish by rule the development and implementation of
339 the training program. However, the board shall accept all
340 classroom training offered by an approved provider if the
341 content substantially meets the intent of the classroom
342 component of the training program; e-r-
343 6. Currently holds a standard certificate issued by the
344 board or a firesafety inspector license issued pursuant to
345 chapter 633 and:
346 a. Has at least 5 years' verifiable full -time experience
347 as an inspector or plans examiner in a standard certification
348 category currently held or has a minimum of 5 years' verifiable
349 full -time experience as a firesafety inspector licensed pursuant
350 to chapter 633.
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351 b. Has satisfactorily completed a building code inspector
352 or plans examiner classroom training course or program that
353 provides at least 200 but not more than 300 hours in the
354 certification category sought, except for one - family and two -
355 family dwelling training programs, which must provide at least
356 500 but not more than 800 hours of training as prescribed by the
357 board. The board shall establish by rule criteria for the
358 development and implementation of classroom training courses and
359 programs in each certification category or
360 7.a. Has completed a 4 -year internship certification
361 program as a building code inspector or plans examiner while
362 employed full -time by a municipality, county, or other
363 governmental jurisdiction, under the direct supervision of a
364 certified building official. Proof of graduation with a related
365 vocational degree or college degree or of verifiable work
366 experience may be exchanged for the internship experience
367 requirement year- for -year, but may reduce the requirement to no
368 less than 1 year.
369 b. Has passed an examination administered by the
370 International Code Council in the certification category sought.
371 Such examination must be passed before beginning the internship
372 certification program.
373 c. Has passed the principles and practice examination
374 before completing the internship certification program.
375 d. Has passed a board - approved 40 -hour code training
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376 course in the certification category sought before completing
377 the internship certification program.
378 e. Has obtained a favorable recommendation from the
379 supervising building official after completion of the internship
380 certification program
381 (7)(a) The board shall provide for the issuance of
382 provisional certificates valid for 1 year, as specified by board
383 rule, to any building code inspector
384 or plans examiner who meets the eligibility requirements
385 described in subsection (2) and any newly employed or promoted
386 building code administrator who meets the eligibility
387 requirements described in subsection (3). The provisional
388 license may be renewed by the board for just cause; however, a
389 provisional license is not valid for longer than 3 years.
390 (d) A newly empleyeel ei- hrrtl person may perform the
391 duties of a plans examiner or building code inspector for 120
392 days if a provisional certificate application has been submitted
393 if such person is under the direct supervision of a certified
394 building code administrator who holds a standard certification
395 and who has found such person qualified for a provisional
396 certificate. Direct supervision and the determination of
397 qualifications may also be provided by a building code
398 administrator who holds a limited or provisional certificate in
399 a county having a population of fewer than 75,000 and in a
400 municipality located within such county.
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401 (10) The board may by rule create categories of
402 certification in addition to those defined in s. 468.603(5) and
403 (8) 468.60;3 a Such certification categories shall not
404 be mandatory and shall not act to diminish the scope of any
405 certificate created by statute.
406 (b) The board shall by rule establish:
407 1. Reciprocity of certification with any other state that
408 requires an examination administered by the International Code
409 Council.
410 2. That an applicant for certification as a building code
411 inspector or plans examiner may apply for a provisional
412 certificate valid for the duration of the internship period.
413 3. That partial completion of an internship program may be
414 transferred between jurisdictions on a form prescribed by the
415 board.
416 4. That an applicant may apply for a standard certificate
417 on a form prescribed by the board upon successful completion of
418 an internship certification program.
419 5. That an applicant may apply for a standard certificate
420 at least 30 days and no more than 60 days before completing the
421 internship certification program.
422 6. That a building code inspector or plans examiner who
423 has standard certification may seek an additional certification
424 in another category by completing an additional nonconcurrent 1-
425 year internship program in the certification category sought and
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426 passing an examination administered by the International Code
427 Council and a board - approved 40 -hour code training course.
428 Section 6. Subsection (3) of section 468.617, Florida
429 Statutes, is amended to read:
430 468.617 Joint building code inspection department; other
431 arrangements. -
432 (3) Nothing in this part shall prohibit any county or
433 municipal government, school board, community college board,
434 state university, or state agency from entering into any
435 contract with any person or entity for the provision of building
436 code administrator, building official, or building code
437 inspection services regulated under this part, and
438 notwithstanding any other statutory provision, such county or
439 municipal governments may enter into contracts.
440 Section 7. Paragraphs (d) and (i) of subsection (1) and
441 subsection (2) of section 553.791, Florida Statutes, are amended
442 to read:
443 553.791 Alternative plans review and inspection. -
444 (1) As used in this section, the term:
445 (d) "Building code inspection services" means those
446 services described in s. 468.603(5) and (8) "68.603(6` an
447 involving the review of building plans to determine compliance
448 with applicable codes and those inspections required by law of
449 each phase of construction for which permitting by a local
450 enforcement agency is required to determine compliance with
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451 applicable codes.
452 (i) "Private provider" means a person licensed as a
453 building code administrator under part XII of chapter 468, as an
454 engineer under chapter 471, or as an architect under chapter
455 481. For purposes of performing inspections under this section
456 for additions and alterations that are limited to 1,000 square
457 feet or less to residential buildings, the term "private
458 provider" also includes a person who holds a standard
459 certificate under part XII of chapter 468.
460 (2) Notwithstanding any other law or local government
461 ordinance or local policy, the fee owner of a building or
462 structure, or the fee owner's contractor upon written
463 authorization from the fee owner, may choose to use a private
464 provider to provide building code inspection services with
465 regard to such building or structure and may make payment
466 directly to the private provider for the provision of such
467 services. All such services shall be the subject of a written
468 contract between the private provider, or the private provider's
469 firm, and the fee owner or the fee owner's contractor, upon
470 written authorization of the fee owner. The fee owner may elect
471 to use a private provider to provide plans review or required
472 building inspections, or both. However, if the fee owner or the
473 fee owner's contractor uses a private provider to provide plans
474 review, the local building official, in his or her discretion
475 and pursuant to duly adopted policies of the local enforcement
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476 agency, may require the fee owner or the fee owner's contractor
477 to use a private provider to also provide required building
478 inspections.
479 (b) It is the intent of the Legislature that owners and
480 contractors not be required to pay extra costs related to
481 building permitting requirements when hiring a private provider
482 for plans review and building inspections. A local jurisdiction
483 must calculate the cost savings to the local enforcement agency,
484 based on a fee owner or contractor hiring a private provider to
485 perform plans reviews and building inspections in lieu of the
486 local building official, and reduce the permit fees accordingly.
487 Section 8. Section 471.045, Florida Statutes, is amended
488 to read:
489 471.045 Professional engineers performing building code
490 inspector duties.— Notwithstanding any other provision of law, a
491 person who is currently licensed under this chapter to practice
492 as a professional engineer may provide building code inspection
493 services described in s. 468.603(5) and (8) 468.693(6) , ~te' >T
494 to a local government or state agency upon its request, without
495 being certified by the Florida Building Code Administrators and
496 Inspectors Board under part XII of chapter 468. When performing
497 these building code inspection services, the professional
498 engineer is subject to the disciplinary guidelines of this
499 chapter and s. 468.621(1)(c) -(h). Any complaint processing,
500 investigation, and discipline that arise out of a professional
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501 engineer's performing building code inspection services shall be
502 conducted by the Board of Professional Engineers rather than the
503 Florida Building Code Administrators and Inspectors Board. A
504 professional engineer may not perform plans review as an
505 employee of a local government upon any job that the
506 professional engineer or the professional engineer's company
507 designed.
508 Section 9. Section 481.222, Florida Statutes, is amended
509 to read:
510 481.222 Architects performing building code inspection
511 services.— Notwithstanding any other provision of law, a person
512 who is currently licensed to practice as an architect under this
513 part may provide building code inspection services described in
514 s. 468.603(5) and (8) 468.603(6` and (7+ to a local government
515 or state agency upon its request, without being certified by the
516 Florida Building Code Administrators and Inspectors Board under
517 part XII of chapter 468. With respect to the performance of such
518 building code inspection services, the architect is subject to
519 the disciplinary guidelines of this part and s. 468.621(1)(c)-
520 (h). Any complaint processing, investigation, and discipline
521 that arise out of an architect's performance of building code
522 inspection services shall be conducted by the Board of
523 Architecture and Interior Design rather than the Florida
524 Building Code Administrators and Inspectors Board. An architect
525 may not perform plans review as an employee of a local
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526 government upon any job that the architect or the architect's
527 company designed.
528 Section 10. Paragraph (d) of subsection (7) of section
529 553.80, Florida Statutes, is amended to read:
530 553.80 Enforcement. -
531 (7) The governing bodies of local governments may provide
532 a schedule of reasonable fees, as authorized by s. 125.56(2) or
533 s. 166.222 and this section, for enforcing this part. These
534 fees, and any fines or investment earnings related to the fees,
535 shall be used solely for carrying out the local government's
536 responsibilities in enforcing the Florida Building Code. When
537 providing a schedule of reasonable fees, the total estimated
538 annual revenue derived from fees, and the fines and investment
539 earnings related to the fees, may not exceed the total estimated
540 annual costs of allowable activities. Any unexpended balances
541 shall be carried forward to future years for allowable
542 activities or shall be refunded at the discretion of the local
543 government. The basis for a fee structure for allowable
544 activities shall relate to the level of service provided by the
545 local government and shall include consideration for refunding
546 fees due to reduced services based on services provided as
547 prescribed by s. 553.791, but not provided by the local
548 government. Fees charged shall be consistently applied.
549 (d) The local enforcement agency independent district, or
550 special district may not require at any time, including at the
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551 time of application for a permit, the payment of any additional
552 fees, charges, or expenses associated with:
553 1. Providing proof of licensure pursuant to chapter 489;
554 2. Recording or filing a license issued pursuant to this
555 chapter; or
556 3. Providing, recording, or filing evidence of workers'
557 compensation insurance coverage as required by chapter 440.
558 Section 11. Subsection (3) of section 553.73, Florida
559 Statutes, is amended, paragraph (d) is added to subsection (4)
560 of that section, subsections (7) and (8) and paragraphs (a) and
561 (b) of subsection (9) of that section are amended, and
562 subsection (20) is added to that section, to read:
563 553.73 Florida Building Code. -
564 (3) The commission shall use the International Codes
565 published by the International Code Council, the National
566 Electric Code (NFPA 70), or other nationally adopted model codes
567 and standards for updates to neeec�tc develep :�he lea seeeele in
568 F-, eL- el to €er-fft rhte —€ednela ien fer the Florida Building Code.
569 The FleEi ', Bi_ _lelin commission may approve technical amendments
570 to the code as provided in , sidlejeet -te subsections (8) and (9),
571 afteLa the - affieneiffient-s ha��e 1een subject to all of the following
572 conditions:
573 (a) The proposed amendment must have h-aa been published on
574 the commission's website for a minimum of 45 days and all the
575 associated documentation must have ha—, been made available to
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576 any interested party before a-Fy consideration by a technical
577 advisory committee.• -
578 (b) In order for a technical advisory committee to make a
579 favorable recommendation to the commission, the proposal must
580 receive a two- thirds thr,.,.- feurths vote of the members present
581 at the teehnie l advis ;ttee meeting. At least half
582 of the regular members must be present in order to conduct a
583 meeting.• -
584 (c) After the technical advisory committee has considered
585 and recommended eei=tsieleL-atien and a i=eeefFfffteneiatien - -f-eT approval
586 of any proposed amendment, the proposal must be published on the
587 commission's website for at least 45 days before -a�
588 consideration by the commission. and
589 (d) A proposal may be modified by the commission based on
590 public testimony and evidence from a public hearing held in
591 accordance with chapter 120.
592
593 The commission shall incorporate within sect ens of the Florida
594 Building Code provisions that whieh address regional and local
595 concerns and variations. The commission shall make every effort
596 to minimize conflicts between the Florida Building Code, the
597 Florida Fire Prevention Code, and the Life Safety Code.
598 (4)
599 (d) A technical amendment to the Florida Building Code
600 related to water conservation practices or design criteria
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601 adopted by a local government pursuant to this subsection is not
602 rendered void when the code is updated if the technical
603 amendment is necessary to protect or provide for more efficient
604 use of water resources as provided in s. 373.621. However, any
605 such technical amendment carried forward into the next edition
606 of the code pursuant to this paragraph is subject to review or
607 modification as provided in this part.
608 (7) (a) The commission, .
609 120.1536(l) ne , 20.54 , shall adopt an updated iapdate Florida
610 Building Code every 3 years through review of .
611 F Ruilme ee the cvndcftisslen shall se -feet the most
612 current updates �=eTen of the International Building Code, the
613 International Fuel Gas Code, International Existing Building
614 Code, the International Mechanical Code, the International
615 Plumbing Code, and the International Residential Code, all of
616 which are copyrighted and published by by the
617 International Code Council, and the National Electrical Code,
618 which is copyrighted and published used by the National Fire
619 Protection Association At a minimum, the commission shall adopt
620 any updates to such codes or any other code necessary to
621 maintain eligibility for federal funding and discounts from the
622 National Flood Insurance Program, the Federal Emergency
623 Management Agency, and the United States Department of Housing
624 and Urban Development — €ev th — €ei�ien eeees of Iche
625 u Flerda Building Geee, if r h be a
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R E P R E S E N T A T I V E S
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626 . The commission shall also
627 review and adopt updates based on sel e:� :r7he fftes4einiLL=enr
628 of the International Energy Conservation Code (IECC) a-&
however, the �FGG shall lee ____ ____ _ _ __ __ 1 the
630 commission shall -t-e maintain the efficiencies of the Florida
631 Energy Efficiency Code for Building Construction adopted and
632 amended pursuant to s. 553.901. The commission shall adopt
633 updated codes by rule.
634 (b) Codes regarding noise contour lines shall be reviewed
635 annually, and the most current federal guidelines shall be
636 adopted.
637 (c) The commission may adopt as a technical amendment to
638 the Florida Building Code me €y any portion of the feun' t �r
639 codes identified in paragraph (a), but only as needed to
640 accommodate the specific needs of this state. Standards or
641 criteria adopted from these r-e -€erT „ccc' 19y codes shall be
642 incorporated by reference to the specific provisions adopted If
643 a referenced standard or criterion requires amplification or
644 modification to be appropriate for use in this state, only the
645 amplification or modification shall be set forth in the Florida
646 Building Code. The commission may approve technical amendments
647 to the updated Florida Building Code after the amendments have
648 been subject to the conditions set forth in paragraphs (3)(a)-
649 (d) . Amendments that :r=e the TedreatieR eeele - whieh are adopted
650 in accordance with this subsection shall be clearly marked in
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651 printed versions of the Florida Building Code so that the fact
652 that the provisions are Fleiid-a- specific amendments te the
653 fedRdatien eeeles is readily apparent.
654 (d) The commission shall further consider the commission's
655 own interpretations, declaratory statements, appellate
656 decisions, and approved statewide and local technical amendments
657 and shall incorporate such interpretations, statements,
658 decisions, and amendments into the updated Florida Building Code
659 only to the extent that they are needed to Ftedify the eunelati n ==-�
660 raze accommodate the specific needs of the state. A change
661 made by an institute or standards organization to any standard
662 or criterion that is adopted by reference in the Florida
663 Building Code does not become effective statewide until it has
664 been adopted by the commission. Furthermore, the edition of the
665 Florida Building Code which is in effect on the date of
666 application for any permit authorized by the code governs the
667 permitted work for the life of the permit and any extension
668 granted to the permit.
669 (e) A rule updating the Florida Building Code in
670 accordance with this subsection shall take effect no sooner than
671 6 months after publication of the updated code. Any amendment to
672 the Florida Building Code which is adopted upon a finding by the
673 commission that the amendment is necessary to protect the public
674 from immediate threat of harm takes effect immediately.
675 (f) Provisions of the Florida Building Code feunat
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676 eeeles including those contained in referenced standards and
677 criteria, relating to wind resistance or the prevention of water
678 intrusion may not be modified to diminish those construction
679 requirements; however, the commission may, subject to conditions
680 in this subsection, modify the provisions to enhance those
681 construction requirements.
682
683 pi:irsa_, _ n t .- ethis sus ceml�ier shall -eFRa4wn e f €ee t i v e e l. _., },
- 1
684 the -effeeti bze -elate e f a� new eeli t i e r ef the E l e gy
�� di f , e }
6 8 5 �' ^ �n— r- �--�-- - - = r� ell- �rcTrcTez�m�cci rs -czr�ren�r- ez- azecc-- ce— � -cccrc
686 ageney Eegidlatiens - whieh ar
6 8 7 eel' ui!d i � , = - -- - shall l
the �, o f th. d h d• }
688 izrcvZrrc rre��ccri -� ie � cvcc� fe � ��r�-enzi en as-
689
690 - wind i=esistanee design of b-- sane :-r t,,Y w it ;
691 the high v e-1 e e i}- o=-h ':iEr ^ e z e ire -e f HdmaRii=Dade aRel n r i=
693 F_eele -denet epic, re sh be ear -i ;ied feLa-a = ' ..te the x}
694 ediml of the eed,subjeet te Eev±-ew eE medifieatien as
695
696 aria-- paragraph - R -i=e r,. , .. � threugh the Fleriela - - - - - - -"' g
6 9 7 e }s l i e n eede aelelatien fe ee s sere -an eat sus
698 s rea ; addicess
699 3. The -p ie 2vis-ie
7 0 0 eeld-r-es s r; in the apia -ieab l e internatTemal de
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701
2.
h., i d t 4 h -, t } h
e- a�e-�� �-��s -br=a
s v ef-ee -e rEa o e
� � - =1 -
702
lm t i f F ,.
; d h i b
g ee ge e,, j�ii=iselie ear -e
x i--a- need t-e
704
, and why t1=1e
705
prepesed affienelfftefit applies to- tiiisrstate.
706
707
the fei:ind-at -ien
t. ; d ,h..
anel�ide eecies
sien to -tee
708
Flei=dmela Bi:Almding -Cede affiendfRent
preeess.
709
710
711
Rya
-,, , t4e
ee -s s -a r
1 equivalent ffianneE,
712
4: �aa B�Azel i = ffiffi i s s-ie
i n e-1 ti
713
afftendffient i the fedfidetien Gede.
714
(8) Notwithstanding T = pL=evisiens
of . subsection (3) or
715
subsection (7), the commission
may address issues identified in
716
this subsection by amending the
code pursuant eery to the rule
717
adoption procedures eentainee in
chapter 120. Previ of
718
Updates to the Florida Building
Code, including provisions t1clese
719
contained in referenced standards
and criteria which relate -
720
Vega ±:in to wind resistance or
the prevention of water
721
intrusion, may not be amended pursuant
to this subsection to
722
diminish those standards
; however, the
723
commission may siclsjeet te- eendi-mie
in this s�-�TeTie amend
724
the Florida Building Code r e i
_ev4:9__ns to enhance such
725
standards these- eenstruetie
. Following the
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726 approval of any amendments to the Florida Building Code by the
727 commission and publication of the amendments on the commission's
728 website, authorities having jurisdiction to enforce the Florida
729 Building Code may enforce the amendments. The commission may
730 approve amendments that are needed to address:
731 (a) Conflicts within the updated code;
732 (b) Conflicts between the updated code and the Florida
733 Fire Prevention Code adopted pursuant to chapter 633;
734 (c) Unintended results from the integration of previously
735 adopted Flea- el_ -secifie amendments with the model code;
736 (d) Equivalency of standards;
737 (e) Changes to or inconsistencies with federal or state
738 law; or
739 (f) Adoption of an updated edition of the National
740 Electrical Code if the commission finds that delay of
741 implementing the updated edition causes undue hardship to
742 stakeholders or otherwise threatens the public health, safety,
743 and welfare.
744 (9)(a) The commission may approve technical amendments to
745 the Florida Building Code once each year for statewide or
746 regional application upon a finding that the amendment:
747 1. Is needed in order to accommodate the specific needs of
748 this state.
749 2. Has a reasonable and substantial connection with the
750 health, safety, and welfare of the general public.
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751 3. Strengthens or improves the Florida Building Code, or
752 in the case of innovation or new technology, will provide
753 equivalent or better products or methods or systems of
754 construction.
755 4. Does not discriminate against materials, products,
756 methods, or systems of construction of demonstrated
757 capabilities.
758 5. Does not degrade the effectiveness of the Florida
759 Building Code.
760
761 The Florida Building Commission may approve technical amendments
762 to the code once each year to incorporate into the Florida
763 Building Code its own interpretations of the code which are
764 embodied in its opinions, final orders, declaratory statements,
765 and interpretations of hearing officer panels under s.
766 553.775(3)(c), but only to the extent that the incorporation of
767 interpretations is needed to modify the code feidn lat en e. des to
768 accommodate the specific needs of this state. Amendments
769 approved under this paragraph shall be adopted by rule after the
770 amendments have been subjected to subsection (3).
771 (b) A proposed amendment must include a fiscal impact
772 statement that documents the costs and benefits of the proposed
773 amendment. Criteria for the fiscal impact statement shall be
774 established by rule by the commission and shall include the
775 impact to local government relative to enforcement, the impact
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776 to property and building owners, and the impact to industry,
777 relative to the cost of compliance. The amendment must
778 demonstrate by evidence or data that the state's geographical
779 jurisdiction exhibits a need to strengthen the fe•,rEiat -i code
780 beyond the needs or regional variations addressed by the
781 fe code and why the proposed amendment applies to this
782 state.
783 (20) The Florida Building Commission may not:
784 (a) Adopt the 2016 version of the American Society of
785 Heating, Refrigerating and Air - Conditioning Engineers Standard
786 9.4.1.1(g).
787 (b) Adopt any provision that requires a door located in
788 the opening between a garage and a single- family residence to be
789 equipped with a self - closing device.
790 Section 12. Subsection (2) of section 553.76, Florida
791 Statutes, is amended to read:
792 553.76 General powers of the commission. —The commission is
793 authorized to:
794 (2) Issue memoranda of procedure for its internal
795 management and control. The commission may adopt rules related
796 to its consensus -based decisionmaking process, including, but
797 not limited to, super majority voting requirements 1-&�
798 Eeffiffiissien aeti ens r-e i en ef the Fier-4:
a
799 BLAle�- rr�-;-r," g Cie— ei= aftteneittents }e the ..eeie However, the commission
800 must adopt the Florida Building Code, and amendments thereto, by
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801 at least a two- thirds vote of the members present at a meeting.
802 Section 13. Section 553.9081, Florida Statutes, is created
803 to read:
804 553.9081 Florida Building Code; required amendments. —The
805 Florida Building Commission shall amend the Florida Building
806 Code - Energy Conservation to:
807 (1)(a) Eliminate duplicative commissioning reporting
808 requirements for HVAC and electrical systems; and
809 (b) Authorize commissioning reports to be provided by a
810 licensed design professional, electrical engineer, or mechanical
811 engineer.
812 (2) Prohibit the adoption of American Society of Heating,
813 Refrigerating and Air - Conditioning Engineers Standard
814 9.4.1.1(g).
815 Section 14. Subsection (8) of section 633.208, Florida
816 Statutes, is amended to read:
817 633.208 Minimum firesafety standards. -
818 (8) The provisions of the Life Safety Code, as
819 contained in the Florida Fire Prevention Code, do not apply to
820 one - family and two- family dwellings. However, fire sprinkler
821 protection may be permitted by local government in lieu of other
822 fire protection - related development requirements for such
823 structures. While local governments may adopt fire sprinkler
824 requirements for one - family ene— and two - family dwellings under
825 this subsection, it is the intent of the Legislature that the
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826 economic consequences of the fire sprinkler mandate on home
827 owners be studied before the enactment of such a requirement.
828 After the effective date of this act, any local government that
829 desires to adopt a fire sprinkler requirement on one - family ene-
830 or two - family dwellings must prepare an economic cost and
831 benefit report that analyzes the application of fire sprinklers
832 to one - family ewe— or two - family dwellings or any proposed
833 residential subdivision. The report must consider the tradeoffs
834 and specific cost savings and benefits of fire sprinklers for
835 future owners of property. The report must include an assessment
836 of the cost savings from any reduced or eliminated impact fees
837 if applicable, the reduction in special fire district tax,
838 insurance fees, and other taxes or fees imposed, and the waiver
839 of certain infrastructure requirements including the reduction
840 of roadway widths, the reduction of water line sizes, increased
841 fire hydrant spacing, increased dead -end roadway length, and a
842 reduction in cul -de -sac sizes relative to the costs from fire
843 sprinkling. A failure to prepare an economic report shall result
844 in the invalidation of the fire sprinkler requirement to any
845 one - family ene— or two - family dwelling or any proposed
846 subdivision. In addition, a local jurisdiction or utility may
847 not charge any additional fee, above what is charged to a non -
848 fire sprinklered dwelling, on the basis that a one - family ene-
849 or two - family dwelling unit is protected by a fire sprinkler
850 system.
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851 (b)1. A county, municipality, special taxing district,
852 public utility, or private utility may not require an impact fee
853 or payment for a separate water connection for a one - family or
854 two- family dwelling fire sprinkler system if the capacity
855 required is hydraulically available at the property line. The
856 accountholder of the one - family or two- family dwelling must
857 notify the county, municipality, special district, public
858 utility, or private utility of the installation of the separate
859 water connection in the applicable permit. The separate water
860 connection may only be used for one - family or two- family
861 dwelling fire sprinkler systems and if used for other purposes,
862 full base and volume charges may be applied.
863 2. A county, municipality, special district, public
864 utility, or private utility may not charge a water or sewer rate
865 to a one - family or two - family dwelling that requires a larger
866 water meter solely due to the installation of fire sprinklers
867 above that which is charged to a one - family and two- family
868 dwelling with a base meter. If the installation of fire
869 sprinklers in a one - family or two - family dwelling requires the
870 installation of a larger water meter, only the difference in
871 actual cost between the base water meter and the larger water
872 meter may be charged by the water utility provider.
873 Section 15. A local government may not require an owner of
874 a residence to obtain a permit to paint such residence,
875 regardless of whether the residence is owned by a limited
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876 liability company.
877 Section 16. The Department of Education, in conjunction
878 with the Department of Economic Opportunity, shall develop a
879 plan to implement the recommendations of the Construction
880 Industry Workforce Task Force Report dated January 20, 2017. The
881 Department of Education shall provide the plan to the
882 Construction Industry Workforce Task Force on or before July 1,
883 2018.
884 Section 17. CareerSource Florida, Inc., shall develop and
885 submit a plan to the Construction Industry Workforce Taskforce
886 of the potential opportunities for training programs to
887 implement the recommendations of the Construction Industry
888 Workforce Taskforce Report dated January 20, 2017, using
889 existing federal funds awarded to the corporation and using the
890 previous statewide Florida ReBuilds program as an implementation
891 model for such programs. CareerSource Florida, Inc., shall
892 provide the plan to the Construction Industry Workforce
893 Taskforce on or before July 1, 2018.
894 Section 18. The Florida Building Commission shall adopt an
895 amendment to the Florida Building Code - Residential, relating to
896 Door Components, to provide that, relating to substitution of
897 door components, such components must either:
898 (1) Comply with ANSI /WMA 100; or
899 (2) Be evaluated by an approved product evaluation entity,
900 certification agency, testing laboratory, or engineer and may be
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901 interchangeable in exterior door assemblies if the components
902 provide equal or greater structural performance as demonstrated
903 by accepted engineering practices.
904 Section 19. Present subsection (5) of section 489.516,
905 Florida Statutes, is renumbered as subsection (6), and a new
906 subsection (5) is added to that section, to read:
907 489.516 Qualifications to practice; restrictions;
908 prerequisites. -
909 (5) This part does not prevent any certified electrical or
910 alarm system contractor from acting as a prime contractor when
911 the majority of the work to be performed under the contract is
912 within the scope of his or her license or from subcontracting to
913 other licensed contractors any remaining work that is part of
914 the project contracted.
915 Section 20. This act shall take effect July 1, 2017.
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