Legislative Issue and Update

HB 704

Section 3

(2)  DEFINITIONS.—as used in ss. 381.0065-381.0067, the

term:

(b)1.  “Bedroom” means a room that can be used for sleeping and that:

a.  For site-built dwellings has a minimum of 70 square feet of conditioned space;

b.  For manufactured homes is constructed according to the standards of the United States Department of Housing and Urban Development and has a minimum of 50 square feet of floor area;

c.  Is located along an exterior wall;

d.  Has a closet and a door or an entrance where a door could be reasonably installed; and

e.  Has an emergency means of escape and rescue opening to the outside in accordance with the Florida Building Code.

Section 9

(f) “Class A air-conditioning contractor

(g) “Class B air-conditioning contractor”

(h) “Class C air-conditioning contractor”

may test and evaluate central air-conditioning, refrigeration, heating, and ventilating systems, including duct work; however, a mandatory licensing requirement is not established for the performance of these specific services.

Section 13 Section 553.721, Florida Statutes

Funds collected from the such surcharge shall be allocated to fund used exclusively for the duties of the Florida Building Commission and the Florida Building Code Compliance and Mitigation Program under s. 553.841. Beginning in the 2013-2014

fiscal year, funds allocated to the Florida Building Code Compliance and Mitigation Program shall be $925,000 each fiscal year. The funds collected from the surcharge may and the Department of Business and Professional Regulation under this

chapter and shall not be used to fund research on techniques for mitigation of radon in existing buildings

Section 14 

553.73 Florida Building Code.—

(10) The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the Legislature and provided by law:

(k) A building or structure having less than 1,000 square feet which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the

building or structure:

1. Is not rented or leased or used as a principal residence;

2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency’s current Flood Insurance Rate Map; and

3. Is not connected to an off-site electric power or water supply.

Section 15

Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or

project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant.

If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or

inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The

local enforcing agency shall provide this information to the permit applicant.

Section 16

4) Notwithstanding the provisions of this section, exposed mechanical equipment or appliances fastened to a roof or installed on the ground in compliance with the code using rated stands, platforms, curbs, slabs, or other means are deemed to

comply with the wind resistance requirements of the 2007 Florida Building Code, as amended. Further support or enclosure of such mechanical equipment or appliances is not required by a state or local official having authority to enforce the Florida Building Code. This subsection expires on the effective date of the 2013 2010 Florida Building Code.

Section 19

The Florida Building Commission shall establish a workgroup to assist the commission in developing a rule for implementing an alternative design method for screen enclosures which allows for the removal of a section of the screen to accommodate high-wind events consistent with the provisions of the Florida Building Code.

(1) The workgroup shall be comprised of the following representatives:

(a) Two members who represent the screen enclosure manufacturing industry;

(b) Two members who represent the aluminum contractors industry;

(c) One member who represents the Florida Home Builders Association;

(d) One member who represents the Florida Swimming Pool Association;

(e) Three members who represent the Building Officials Association of Florida;

(f) One member who represents the building products industry; and

(g) One member who is employed as a structural engineer.

(2) The workgroup shall address the following factors to be included in the rule:

(a) An alternative design method for a screen enclosure that is site-specific engineered;

(b) A screen enclosure design using the alternative method that serves as a barrier that is required for a swimming pool and remains in place at the minimum height required for the barrier;

(c) A screen enclosure design using clear, highly visible labels for panels that can be cut, retracted, or removed when winds are forecasted to exceed 75 mph;

(d) A design for a screen that can be removed, cut, or retracted without the use of a ladder or scaffolding;

(e) A requirement that the contractor provide replacement screen at the initial point of sale to repair the screen enclosure for designs that require cutting; and

(f) An alternative design for a screen enclosure that requires the contractor to provide notice to the homeowner and the local building department that the homeowner must cut, retract, or remove a panel or panels of the screen enclosure in

accordance with engineering or manufacturer’s instructions when wind speeds are expected to exceed 75 mph.

(3) The Florida Building Commission shall appoint the workgroup no later than 15 days after the effective date of this act to draft a proposed rule. Rulemaking must be initiated pursuant to chapter 120, Florida Statutes, as soon as practicable after appointment of the workgroup. The commission shall file a notice of proposed rule by October 1, 2012. The Florida Building Code Commission shall file the rule for

adoption by January 2, 2013, unless the commission files a letter on or before that date with the Joint Administrative Procedures Committee explaining the reasons for not completing rulemaking. Upon final adoption of the rule, the Florida Building Commission shall incorporate these requirements into the next version of the Florida Building Code. This section expires upon adoption of the rule and its inclusion in the

Florida Building Code.

HB 1263 (DOH)

Section 104 Section 514.021, Florida Statutes, is amended 3781 to read:

(1) The department may adopt and enforce rules, which may include definitions of terms, to protect the health, safety, or welfare of persons by setting sanitation and safety standards for using public swimming pools and public bathing places. The department shall review and revise such rules as necessary, but not less than biennially. Sanitation and safety standards shall include, but not be limited to, matters relating to structure; appurtenances; operation; source of water supply; microbiological bacteriological, chemical, and physical quality of water in the pool or bathing area; method of water purification, treatment, and disinfection; lifesaving apparatus; and measures to ensure safety of bathers; and measures to ensure the personal cleanliness of bathers.

(2) The department may not establish by rule any regulation governing the design, alteration, modification, or repair of public swimming pools and bathing places which has no impact on sanitation and safety the health, safety, and welfare of persons using public swimming pools and bathing places. Further, the department may not adopt by rule any regulation governing the construction, erection, or demolition of public swimming pools and bathing places. It is the intent of the Legislature to preempt those functions to the Florida Building Commission through adoption and maintenance of the Florida Building Code. The department shall provide technical assistance to the commission in updating the construction standards of the Florida Building Code which govern public swimming pools and bathing places. Further, the department is authorized to conduct plan reviews, to issue approvals, and to enforce the special occupancy provisions of the Florida Building Code which apply to public swimming pools and bathing places in conducting any inspections authorized by this chapter. This subsection does not abrogate the authority of the department to adopt and enforce appropriate sanitary regulations and requirements as authorized in subsection (1).

Comment:

The changes remove overlapping regulations deferring development of construction requirements for public swimming pools or bathing places to the Florida Building Code and gives local governments or local enforcement district the authority to determine compliance with the general construction standards of the Florida Building Code.   These two functions are already in existence under the current Florida Building Code System.

2012 Florida Building Code, Accessibility

Department of Justice

Compliance date for 28 CFR 35.150(b)(1), (b)(2)(ii) and 36.304(d)(2)(iii) for sections 242 and 1009 of the 2010 Standard has been delayed for 60 days, effective immediately.

2010 Florida Building Code – implementation

Issues of concerns raised by impacted parties