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Item E16M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting September 27, 2017 Agenda Item Number: E.16 Agenda Item Summary #3426 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 n/a AGENDA ITEM WORDING: A resolution by the Monroe County Board of County Commissioners waiving building permits fees adopted via Resolution 156 -2017 for emergency permits for 60 -days as necessary to facilitate recovery from impacts associated with Hurricane Irma. ITEM BACKGROUND: The Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community." Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property. The County Commission has declared that in the event of a state of emergency, certain work shall be exempted from building permit fees, to provide expedient action in order to protect the health, safety and welfare of the community. Consistent with Section 553.80, F.S., Monroe County is enacting a 60 -day temporary suspension of building permit application fees associated with emergency permits. The temporary suspension begins on September 25, 2017 and ends on November 24, 2017. The 60 -day temporary suspension of permit fees is limited to the following permit types being issued as emergency permits: Commercial & Residential Roofing 2. Reconnect/Safety Electrical 3. Electric 4. Plumbing 5. Electric /Sewer Tie in 6. Plumbing/Sewer Tie in 7. AC Replacements within the same footprint and above base flood elevation 8. Commercial & Residential Component New/Replace 9. Stairs 10. LP Gas 11. Temporary RV/Emergency Housing 12. Temporary Use /Structure /Tents 13. Gas/Fuel Tanks (Above Ground /In Ground) 14. Foundation & Piling 15. Commercial & Residential Remodel/Repair Exterior /Interior 16. Generator Auxiliary /Building 17. Shutters 18. Demolition of items not included in permit exemptions (Exemptions: No permit shall be required for any work involving the demolition /removal of dry wall, cabinet and vanities, heating/cooling and electrical systems, and floor coverings in flooded structures, and demolition of storm damaged accessory structures or docks, seawalls, and lifts) PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 60 day temp waiver of building permit fees FINAL Emergency Permitting Memo 156 -2017 Building Permit Fee Schedule FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Mayte Santamaria Steve Williams Completed Completed 09/21/2017 4:37 PM 09/21/2017 4:37 PM 09/21/2017 4:35 PM Skipped Jaclyn Carnago Skipped Assistant County Administrator Christine Hurley 09/21/2017 4:35 PM Budget and Finance Skipped Maria Slavik Skipped Kathy Peters Completed Board of County Commissioners Pending 09/21/2017 4:35 PM 09/21/2017 4:35 PM 09/21/2017 4:42 PM 09/27/2017 4:00 PM a r r 1 IAOTIROE FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION N1' County, WHEREAS, the Board of County Commissioners is the legislative body of Monroe 11 1 ' • • e County :•. • of • unty Commissioners wish to provide citizens of • best possible • st cost effective and reasonable r WHEREAS, • i e County Mayor declared a State of • Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety 1 welfare of • and WHEREAS, WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property; and • s- County Mayor • another declaration a State of • inhabiting 1-7imergency on September 12, 2017 due to Hurricane Irma, a "threat of danger to the populace • • County" r and that the County . • uire expedient action order to protect the health, safety and welfare of community;" d WHEREAS, in the event of a state of emergency, and consistent with F.S. 553.80, certain emergency work shall be exempted from permit fees, to provide expedient action in order to protect the health, safety and welfare of s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, Monroe County is opening its offices on September 25, 2017 for emergency permitting services; f WA 1' 1 01 (0 4 001 1 IRK130 6 ALS11"ON 01 RIJ Ili I I Section 1. Monroe County is enacting a 60-day temporary suspension of building permit application fees associated with emergency permits. The temporary suspension begins on September 25, 2017 and ends on November 24, 2017. Section 2. The 60-day temporary suspension of permit fees is limited to the following permit types being issued as emergency permits: 1. Commercial & Residential Roofing 2. Reconnect/Safety Electrical 3. Electric 4. Plumbing 5. Electric/Sewer Tie in 6. Plumbing/Sewer Tie in 7. AC Replacements within the same footprint and above base flood elevation 8. Commercial & Residential Component New/Replace 9. Stairs 10. LP Gas 11. Temporary RV/Emergency Housing 12. Temporary Use/Structure/Tents 13. Gas/Fuel Tanks (Above Ground/In Ground) 14. Foundation & Piling 15. Commercial & Residential Remodel/Repair Exterior/Interior 16. Generator Auxiliary/Building 17. Shutters 18. Demolition of items not included in permit exemptions (Exemptions: No permit shall be required for any work involving the demolition/removal of dry wall, cabinet and vanities, heating/cooling and electrical systems, and floor coverings in flooded structures, and demolition of storm damaged accessory structures or docks, seawalls, and lifts) Section 3. Effective Date. This resolution shall become effective retroactive to September 25, 2017. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the day of _, 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny L. Kolhage Commissioner Sylvia Murphy LO-1 Mayor George Neugent (SEAL) MONROE COUNTY ATTORNEY �ED AS FORM: WILLIAMS ASSISTANT CqUNTY ATTORNEY Dift Building Department 2798 Overseas Highway Suite 300 Marathon, FL 33050 Voice: (305) 289 -2501 FAX: (305) 289 -2515 County of Monroe 1 I. i§ Board of Countv Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tern David Rice, Dist. 4 Danny L. Kolhage, Dist. 1 Heather Carruthers, Dist. 3 Sylvia Murphy, Dist. 5 To: Monroe County Building Department, Monroe County Planning & Environmental Resources Department, Construction Industry Members, and Citizens of Unincorporated Monroe County From: Rick Griffin, Monroe County Building Official Date: September 18, 2017 Subj ect: Emergency Work Exempted from permitting and Emergency Permits. The Monroe County Mayor declared a State of Local Emergency on 9/5/17 and 9/12/17 due to Hurricane Irma. The State of Emergency specified a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community." Due to State of Emergency, certain work will be exempted from requiring a permit, to provide expedient action in order to protect the health, safety and welfare of this community. We are working to help restore your homes and businesses as quickly as possible to a safe condition. Our focus will be permitting to achieve safety. Separate memos will be issued to address: • the resumption of inspection services of already permitted work • Mobile homes and manufactured homes. • Temporary Recreational Vehicles (RVs) adjacent to Existing Damaged Homes • Temporary Recreational Vehicles at Non - Residential Properties • In the near future, we will also issue a memo regarding the opening of the Murray Nelson, Key Largo permitting office, located at the 102050 Overseas Highway, for Emergency Permit Issuance We are working on restoring our systems for communication and permit issuance. EXEMPTED WORK IN UNINCORPORATED MONROE COUNTY: Permit exemptions due to a Hurricane. The following emergency work shall be exempted from requiring a permit, prior to the time periods specified below: (1) No permit shall be required where imminent danger to life or safety exists or to prevent further property damage caused by the Hurricane. Property owners may make necessary repairs to the minimum extent necessary without a permit; however, photographs should be taken before and after the necessary repairs. This exemption from the permitting requirements shall be for a period of 60 days from the declared state of emergency. We strive to be caring, professional, and fair. September 18, 2017 (2) No permit shall be required for any residential work involving the replacement of square feet or less of storm damaged roof. This exemption from the permitting requirement shall be for a period of 60 days from the declared state of emergency. (3) No permit shall be required for any work involving the demolition /removal of dry wall, cabinet and vanities, heating /cooling and electrical systems, and floor coverings in flooded structures, and demolition of storm damaged accessory structures or docks, seawalls, and lifts. This exemption from the permitting requirement of this chapter shall be for a period of 90 days from the declared state of emergency. Example the types of emergency work that is permissible without a building permit includes: • Temporary roof repairs with plywood or plastic sheeting to make structures habitable or to prevent continuing damage due to rain and wind to building and exteriors; • Covering exterior wall and window openings with plywood or plastic sheeting; • Repairs to interior ceilings to make buildings habitable or to drain accumulated flood waters; • Repairs to steps and railings (Remounting or Replacing requires permit); • Replacing window panes only; • Temporary stabilization measures to avoid imminent building or structure collapse (Permit and inspection required if occupied); • Removal & replacement of flooring; • Removal & replacement of cabinets; • Roof repair of less than 300 square feet; and • Demolition of screened enclosure. EMERGENCY WORK PERMITS: Any work that is not exempted (see above) shall require an emergency permit. Emergency work permits are for the repair of buildings (this applies to buildings that would normally require a certificate of occupancy) where delay would clearly have placed life or property in imminent danger. HIRE LICENSED CONTRACTORS TO PERFORM THIS WORK.f No work will be authorized, emergency repairs or otherwise, to enclosed areas below base flood elevation (BFE) that is NOT solely used for limited storage, parking or entryways. All emergency permits are subject to the Monroe County floodplain management regulations (Chapter 122 of the Monroe County Code). WARNING: The County is required to inspect all structures to determine whether substantial flood damage has occurred. At your risk: If emergency permits are issued to a building that is determined to be substantially damaged (cost of repairs exceed 50% of the building value) from flooding by IRMA during this required inspection, the building will later be required to meet floodplain regulations (Chapter 122 of the Monroe County Code). This means the building will be required to be constructed above the minimum required flood elevation to prevent future flooding during time of a disaster. September 18, 2017 BELOW ARE THE BUILDING PERMIT TYPES AND THE PRIORITIZATION DURING THIS LOCAL STATE OF EMERGENCY: As soon as the Building Department can open its Key Largo permitting office, the Building Department will review building permit applications and conduct inspection activities for the following emergency permits: 1. Commercial & Residential Roofing 2. Reconnect/Safety Electrical 3. Electric 4. Plumbing 5. Electric /Sewer Tie in 6. Plumbing/Sewer Tie in 7. AC Replacements within the same footprint and above base flood elevation 8. Commercial & Residential Component New/Replace 9. Stairs 10. LP Gas 11. Temporary RV/Emergency Housing 12. Temporary Use /Structure /Tents 13. Gas/Fuel Tanks (Above Ground /In Ground) 14. Foundation & Piling 15. Commercial & Residential Remodel/Repair Exterior /Interior 16. Generator Auxiliary /Building 17. Shutters 18. Demolition of other items outside of the items exempt from permitting No new permit applications will be accepted, other than items 1 -18 above, until further notice to ensure we can focus on restoring your homes and businesses as quickly as possible to a safe condition. The Building, Planning, and Environmental Departments will work with you to restore life safety during this Local State of Emergency. NOTE: Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the Building Code or in a dangerous or unsafe manner, shall immediately cease. September 18, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 49 50 51 52 53 54 55 56 57 2. Job value will be based upon the submitted, legitimate contract price or ICC /Construction Costs Valuation manuals. (B) RESIDENTIAL BUILDING PERMIT FEES: 1. Sewer Lateral and Grinder Pump (Electric) Permits $70.00 associated with Sewer Lateral Permits (fee includes plumbing, electric, code compliance fee, education fee, technology and document processing fee, DBPR and DEO fees and is exempt from PRP fees, although PRP review may be required 2. For all other residential 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 Residential 1 $155.00 $5.00 1 $11.00 - 1 $171.00 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 3. For residential 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 Resources. 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 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 2 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. 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 F $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 $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 CL 0 r- CL 0 M 0 0 r- 4) 0- . 04 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 E CL CD 0 r_ CL 0 M U) E 4) LU CD LL E 0- M CD N 8 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 RETARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 18x1 X �[• BY: 1 Mayor George Neugent VIN MADOK, CLERK 187 MONROE COUNTY ATTORNEY APORPVED AS TO, M _t T. WILLIAMS ASSISTANT COUNTY P Date 7 / 2:* 7 C CD J 0 " U. w U� C> U �of o w x o ° N E �. 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 forthese 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. Page 1 of 37 CODING: Words StFiGken are deletions; words underlined are additions. M 1021 -04 -er 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 Page 2 of 37 CODING: Words str iGken are deletions; words underlined are additions. M1021 -04 -er 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 Page 3 of 37 CODING: Words str+sken are deletions; words underlined are additions. hb1021 -04 -er 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 FIN9 1NGS AND INTENT. - 88 ( Ta) — a eai:i of inef-eases i n c e—ee t of eenyeRtrerral fi:iel, 89 eei=tain alaplieatiens ef se1-arye; -'=Sy a-- k3 =Fft ±" -- ie }_}, -, 90 �rrt -ieu = Y l y when l e e siel'eT'CCi is t- he m 91 intent ef the eg= s!attir-e i-n €e�rtr J 92 energy peliey feLthe -s 94 ewe- 95 , The Legislature intends to 96 jr-eviele 4:}eent-ives feE the pi=eduetien anel sale ef, anei te s � 97 .st anelai=as -��s-o - 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. Page 4 of 37 CODING: Words stri ken are deletions; words underlined are additions. hb1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 101 (3) DEFINITIONS. — As used in this section, the term: 102 (a) "Center" means 4:s 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 pL-e...,,' n, }& 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 Page 5 of 37 CODING: Words stkkee are deletions; words underlined are additions. M1021 -04 -er 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 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 ._� the testing 129 entity does not have a has 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 Page 6 of 37 CODING: Words s#F+e44en are deletions; words underlined are additions. M 1021 -04 -er 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 CSICSIHB1021, Engrossed 1 2017 Legislature 151 natural gas transmission companies as defined in s. 368.103(4), 152 on construction, maintenance, and development work performed by 153 their employees wh' eh i=k, inel- e} �it net- lifftri -eel ml�e, werk 154 en lafi Eiges r-e aeis, —s t f eet-s, 1=ti g h a-a� ear -a-i l f ewe 155 zneide t , to the4 19 . , siness The —bead shall elefine by fine, 156 # h e } " i re-i dent-a l 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 Page 7 of 37 CODING: Words stkken are deletions; words underlined are additions. hb1021 -04 -er 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 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)+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, Page 8 of 37 CODING: Words str+e4en are deletions; words underlined are additions. hb1021 -04 -er 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 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- =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 Page 9 of 37 CODING: Words stF ' Gken are deletions; words underlined are additions. M1021 -04 -er 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 CSICSIHB1021, Engrossed 1 2017 Legislature 226 Administrators and Inspectors Board. 227 (7) +4-} "Department" means the Department of Business and 228 Professional Regulation. 229 (6) +S} "Certificate" means a certificate of qualification 230 issued by the department as provided in this part. 231 (5) -x-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) +E1* "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. Page 10 of 37 CODING: Words str+ek-en are deletions; words underlined are additions. M1021 -04 -er 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 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) +h,* "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) +4-}- "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 Page 11 of 37 CODING: Words skieken are deletions; words underlined are additions. hb1021 -04 -er 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 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) �)- "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 Page 12 of 37 CODING: Words striGken are deletions; words underlined are additions. M1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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 S. 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 Page 13 of 37 CODING: Words stricken are deletions; words underlined are additions. hb1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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. Page 14 of 37 CODING: Words striGken are deletions; words underlined are additions. M1021 -04 -er 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 /CSIHB 1021, Engrossed 1 2017 Legislature 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 Page 15 of 37 CODING: Words stF'ekeR are deletions; words underlined are additions. M1021 -04 -er 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 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. Page 16 of 37 CODING: Words str'Gken are deletions; words underlined are additions. hb1021 -04 -er 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 /HB1021 Engrossed 1 2017 Legislature 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) 468.60Td (:�+- 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 Page 17 of 37 CODING: Words stkkeR are deletions; words underlined are additions. M 1021 -04 -er 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 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) 468.603(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 Page 18 of 37 CODING: Words s#r'Gken are deletions; words underlined are additions. hb1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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 Page 19 of 37 CODING: Words stf}eken, are deletions; words underlined are additions. hb1021 -04 -er F L O R I D A H 0 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 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 Page 20 of 37 CODING; Words S +"� are deletions; words underlined are additions. M 1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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 Page 21 of 37 CODING: Words stFieken are deletions; words underlined are additions. M 1021 -04 -er 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 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 Page 22 of 37 CODING: Words sin are deletions; words underlined are additions. hb1021 -04 -er 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 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 the lease eeele in 568 F-, eL- el }e €er-fft rhte —€ednela rear the Florida Building Code. 569 The FleEid Bi:iilelin 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-a& been published on 574 the commission's website for a minimum of 45 days and all the 575 associated documentation must have h-a-e been made available to Page 23 of 37 CODING: Words StFiGken are deletions; words underlined are additions. hb1021 -04 -er 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 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 aeiviseEy eefffii4ttee 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-er- 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 Page 24 of 37 CODING: Words str+elEen are deletions; words underlined are additions. M1021 -04 -er 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 /HB1021 Engrossed 1 2017 Legislature 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 alad Florida 610 Building Code every 3 years through review of . 611 i 1 e i el a Ruilme Geele, the eeeffd�fti s s-ienshalrs cue e t 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 a6ep eei 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 eeeles of t=he 625 idpelated Fleriela Building Gede, if the versien has been aeleig Page 25 of 37 CODING: Words StFiGkee are deletions; words underlined are additions. hb1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 626 . The commission shall also 627 review and adopt updates based on sel e:� 'efftest e r 628 veLcsien. of the International Energy Conservation Code (IECC) a-e 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 fed €y any portion of the feun' t-' 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 -€eia „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 }the fedreatieR eeeles -= hieh are adopted 650 in accordance with this subsection shall be clearly marked in Page 26 of 37 CODING: Words stFiGkeR are deletions; words underlined are additions. hb1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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 Fteeify 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 f eidn d t i Page 27 of 37 CODING: Words stri6ken are deletions; words underlined are additions. hb1021 -04 -er 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 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 pars i _ n t .- ethis s=ates c- eml�ierijhall r-eFfta4wn e f €ee t i v e e l. _., }, - 1 684 - effeeti bze - elate — ef —c new eeli L i e n ez - the - Fl efi �� di f , e } 6 8 5 ems% ^ � ;�- r- �--�-- _ _ = r� e- �i- �rcTrcTez�macci rs -czr�ren�r- ez- azecc-- ce- � -cccrc 686 _ -, latiens whieh ar 687 editi e f t Fle Building Geele shall e eai fe fw 688 i�rcvZrrc rreiE ccri -t ie n ef the cvcce, fe e t te Ffted�r�-enzi en as- 689 690 - wind i=esistanee design of b-- s anel sti= w ith 691 the high ve- leeit -y h':iEr^ e zeire —ef MdmaRii=Dade aRel nr rd 693 Fie —dew net e�tjai c , re sh be ear -i ;ieel feLa-a - ' ..te the x} 694 e ,; ; o f the eed,s u b j e e t te Eev±-e w eE medif i e a4i e n as 695 696 this -- paragraph -R-ice r ,. , .. � threugh the Fleriela - - - - - -- "' g 697 , 698 s rea ; addicess 699 3. The —p ie 2is ie 700 . Page 28 of 37 CODING: Words std are deletions; words underlined are additions. hb1021 -04 -er 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 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 703 the ,a-, #, heyenel the e,ie st er needs er -eg' --- 704 , and why tiie 705 p r-e}ae es t e-tiii srstate. 706 707 the fei:ind-at -ien l , h.. tee aneli-ide eeEie sien to 708 Flei=dmela Bi:Almding -Cede affiendfRent preeess. 709 710 711 in ieRal Rna , -e ee -s�sta rt- 1 equivalent ffiannep, 712 i�aa B�Azelin ine _ ___--_ss -ice -lti 713 affiefAffie i t h e f edfide t. i ewe- 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 e-n� to the rule 717 adoption procedures eentaine in chapter 120. Previ of 718 Updates to the Florida Building Code, including provisions these 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- e-enGtruetie . Following the Page 29 of 37 CODING: Words strip are deletions; words underlined are additions. hb1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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_ speeifie 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. Page 30 of 37 CODING: Words st-FiGken are deletions; words underlined are additions. M 1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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 eR 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 Page 31 of 37 CODING: Words str'Gken are deletions; words underlined are additions. hb1021 -04 -er 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 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.i.,.,t= e n 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 fer- 798 e eFFffft±55i6R aeti ens r-e i eR 6f 4�h e Fl errd-a 799 BtA `'� rr� g Eeele— ei= affiendffients }e t h e ..eeie However, the commission 800 must adopt the Florida Building Code, and amendments thereto, by Page 32 of 37 CODING: Words stets are deletions; words underlined are additions. M1021 -04 -er 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 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 Page 33 of 37 CODING: Words striGken are deletions; words underlined are additions. hb1021 -04 -er 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 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. Page 34 of 37 CODING: Words stFi6k-en are deletions; words underlined are additions. hb1021 -04 -er 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/HB1021, Engrossed 1 2017 Legislature 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 Page 35 of 37 CODING: Words stir+ekee are deletions; words underlined are additions. M1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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 Page 36 of 37 CODING: Words stFiGkeR are deletions; words underlined are additions. M1021 -04 -er 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 /HB1021, Engrossed 1 2017 Legislature 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. Page 37 of 37 CODING: Words stFiGlien are deletions; words underlined are additions. hb1021 -04 -er