June Education POC Meeting Minutes - DRAFT
Telephone Conference
Call Number 1-888-808-6959, Access Code:
1967168
In Person Attendance: Room 250D,
June 2, 2010
POC Members Present: Dick Browdy (Chair),
Jon Hamrick, Herminio Gonzalez, Ken Gregory, Jeff Stone, Drew Smith, Scott
Mollan
POC Member(s) Absent:
Meeting
Attendees Identified:
Med Kopczynski Jim Richmond
Ila Jones
Meeting was called to order at 10:00 a.m., June 2,
2010
1. Review and approval of the June 2010 Agenda
Before approving the
June agenda, the Chair extended a warm welcome to the newest members of the
Education POC, who are Commissioners Jeff Stone, Drew Smith, and Scott Mollan.
He further stated that he looked forward to their professional input regarding
matters coming before the POC.
The Chair then
recommended that two items be added to the agenda for discussion. The first
item (to be added as number 8 on the agenda) related to the status of the FBC
Compliance and Mitigation Program’s RFP process. The second item (to be added
as number 9 on the agenda) related to the implications resulting from the
Governor’s recent veto of the funding source for the proposed FBC Compliance
and Mitigation Program.
Motion: To approve as amended
Motion: Ken Gregory
Second: Scott Mollan
Approved
Unanimously
2. Review and approval of April 2010 Minutes
Motion: To approve as submitted
Motion: Ken Gregory
Second: Scott Mollan
Approved
Unanimously
3. Review pending advanced accredited courses for
recommendation to the Commission
Course: Advanced
Provider: Codeaccess
Accreditor: JDB Code Services, Inc.
BCIS Course Number: 412.0
Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.
Motion: Jon Hamrick
Second: Ken Gregory
Approved Unanimously
Course: Advanced FBC Plumbing/Fuel Gas Update
Provider:
Accreditor: BCIC LLC
BCIS Course Number: 425.0
Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.
Motion: Jon Hamrick
Second: Ken Gregory
Approved Unanimously
Course: Advanced
Provider: Fire and Security Training, Inc.
Accreditor: BCIC LLC
BCIS Course Number: 427.0
Motion: Course approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.
Motion: Jon Hamrick
Second: Ken Gregory
Approved Unanimously
4. Review administratively approved updated advanced
courses for recommendation to Commission
The Chair asked for a Consent Motion for the
administratively approved courses listed below.
Course: Internet 2007 Building Code Residential With 2009 Supplements Advanced Course
Provider: Thomas Lee
Accreditor: BCIC LLC
BCIS Course Number: 415.1
Course: Advanced Administrative Course
Provider: Becker and Poliakoff, P. A.
Accreditor: BCIC LLC
BCIS Course Number: 77.3
Course: Advanced Code – Mechanical Energy
Provider:
Accreditor: BCIC LLC
BCIS Course Number: 224.1
Consent Motion: Courses approved based on the FBC accreditation process that only verifies the accuracy of the Florida Building Code related content.
Motion: Jon Hamrick
Second: Ken Gregory
Approved Unanimously
5. Review pending
accreditor applications for recommendation to the Commission (None
pending)
6. Reminder and
discussion for providers to make sure that training courses are either new, a revision
of a previously accredited course, or a self affirmed course, as expected to be
defined in rule 9B-7.002,
The Chair asked that Cam Fentriss address this issue.
The Chair asked if there was something that could be done to
perhaps proactively assist providers, before these type of issues arise.
7. Update regarding the draft rule language to allow self affirmation by providers, for advanced courses requiring minor technical changes, instead of the currently required full accreditation process
The Chair asked Jim Richmond to provide an update regarding the status of this proposed draft rule language. Jim stated that he is currently waiting for ISF to create an online template to be used to enter this information within the BCIS. He further stated that when this template is created (hopefully by June 30), he will then notice the final rule hearing in the F.A.W.
The Chair asked Mr. Richmond if he felt comfortable with the current language regarding its ease of use. Mr. Richmond stated that the language was well drafted and should be helpful to providers. He further stated that if someone wanted to find fault with it, they probably would---depending on their motivating interests.
The Chair stated that he thought that the language does help with the delineation between the three versions of possible courses to be approved by the POC.
8. Update regarding
the status of the FBC Compliance and
Mitigation Program’s RFP process
The Chair asked Ila Jones to report on the FBC Compliance and Mitigation Program’s RFP posting and opening process.
Ms. Jones stated that the responses were opened on May 20th, 2010, and were reviewed on May 26th, 2010. The only respondent was Building A Safer Florida. She further stated that this result was posted on June 1, 2010, on the DMS website. Directly following this posting is a 72 hour period allowed for opposition to be registered regarding the result. If no opposition is filed within the 72 hour period, then DCA will enter into specific contract negotiations with Building A Safer Florida. Ms. Jones also stated that the Education Administrator’s function was part of this RFP.
9. Discussion of the implications resulting from the
Governor’s recent veto of the funding source for the proposed FBC Compliance
and Mitigation Program
The Chair asked Cam
Fentriss to comment on the recent Governor’s veto of the funding source for the
Compliance and Mitigation Program.
The Chair asked if
this veto means that the program is dead.
The Chair asked how
this veto will affect current operations. Ila Jones stated that funding has
been identified to cover the ongoing Education Administrator function, as well
as a few smaller activities/projects.
The Chair stated
that he thought it might be a good idea to ask the POC what they think are priorities
or items to be funded besides the Education Administrator function.
Commissioner
Gonzalez suggested that a list of possibilities/projects be compiled by the
Education Administrator, as an agenda item for the next POC meeting.
Commissioner Mollan suggested that an estimated price and possible benefit(s)
be attached to each potential project. The Chair agreed and asked the
Administrator to compile such a list for the next POC meeting.
Commissioner Gregory
stated that he would like to see the audit function become more prominent. He
said that some of his constituents have complained to him that a course(s) has
not been taught according to the syllabus. Cam Fentriss stated that 9B-70.002
rule language states that 2% of accredited courses are to be annually randomly
audited. She further stated that the situation Commissioner Gregory is
describing probably should be handled through a complaint to the Education
Administrator. Commissioner Gregory said that would work for him.
The Chair stated
that he would like a discussion to take place at the next POC meeting about
this issue, specifically describing the POC’s authority regarding the audit
(and/or complaint process) function of the POC. He further stated that this
should be approached as an agenda item.
10. Update/discussion regarding the recent legislative session and the possible effects on the FBC Education Program
The discussion that took place about the legislative session occurred as a result of the Education Administrator’s report in agenda item number 11.
11. Education Administrator activity report
Discussion - The Chair asked Cam Fentriss to give the
Education Adminstrator’s report. Ms. Fentriss focused her summary on the
results (to this point) of the legislative session, specifically what happened
with the important bills affecting the FBC and the Education POC. That
information can be found in pages 11-21 of this report. Ms. Fentriss also
briefly described the results of an E-Portal survey, given to many of the
design and construction entities in the State of Florida. That information can
be found on pages 22-24 of this report.
A.
Provided administrative support for FBC Education POC April 1, 2010 meeting
B.
Drafted minutes for FBC Education POC April 1, 2010 meeting
C.
Prepared agenda for FBC Education POC meeting on June 2, 2010
D. Inquiries from the public April 3, 2010 to
May 31, 2010 as follows:
21 inquiries:
6 telephone and email; 9 telephone only; 2 email only
Category
of inquirers:
2 Architect 5
Engineer 3
Building Official
2 Attorney 7
Providers 1
Mitigation company
1 Consumer/public
Types
of Inquiries:
4 Core 10
Course Approval Questions
1 Scope of work for building official 1 Modular
Certification Question
1 Code Question from 1997 Code 1 Website
1 Code Question on electronic version 2 E-mail list
E. FAW Notice for Rule 9B-70.002, Florida
Administrative Code, relating to self-affirmation provision (see attached
notice). The changes to BCIS to implement
this are in process (but cannot be added until the rule is ready for filing).
F. Legislation for 2010 session (contact Cam at
basfanswers@aol.com for a copy by e-mail):
HB 545 – Relating to Windstorm Mitigation Rating (Adkins) PASSED (Gov by June 1)
HB 663 - Relating to Building Safety (Aubuchon) PASSED (Gov by June 1)
HB 713 – Relating to DBPR (Workman) Passed and approved by Governor
SB 846 – Relating to Fire
Sprinklers (Bennett) Passed and approved by Governor
SB 2044 – Relating to Property Insurance (Richter) PASSED (Gov by June 1)
HB 7179 – Relating to Energy (PACE program) Passed and approved by Governor
HB 7243 – Relating to Recycling (T. Williams) Passed and approved by Governor
G. Survey to Gauge Interest in E-Portal for
Submission of Permit Applications (see attached preliminary report)
Notice of
Proposed Rule
DEPARTMENT OF
COMMUNITY AFFAIRS
Division of
Housing and Community Development
RULE NO: RULE TITLE
9B-70.002: Commission Approval and Accreditation of
Advanced Building Code
Training Courses
PURPOSE AND
EFFECT: Correct a cross-reference and implement a system of self-affirmation
for revisions to accredited courses
SUMMARY: The Florida Building Commission updates the
building code every three years. Courses
accredited by the Commission often require minor modification for consistency
with the updated code. The rule is
amended to permit an expeditious process for accreditation of the revisions to
accredited courses resulting from code changes that relies upon affirmation by
the course provider. A cross-reference
is also corrected.
SUMMARY OF
STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory
Cost was prepared.
Any person who
wishes to provide information regarding a statement of estimated regulatory
costs, or provide a proposal for a lower cost regulatory alternative must do so
in writing within 21 days of this notice.
SPECIFIC
AUTHORITY: 553.841(2) FS.
LAW IMPLEMENTED:
553.841 FS.
IF REQUESTED
WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,
TIME AND PLACE SHOWN BELOW:
DATE AND TIME:
August 10, 2010, 8:30 a.m. or as soon thereafter as the matter comes before the
Commission in accordance with its agenda
PLACE: Crowne
Plaza Hotel, MELBOURNE-OCEANFRONT, 2605 N. A1A, MELBOURNE, FL 32903
Pursuant to the
provisions of the Americans with Disabilities Act, any person requiring special
accommodations to participate in this workshop/meeting is asked to advise the
agency at least 7 days before the workshop/meeting by contacting: Ila Jones,
Community Program Administrator, Department of Community Affairs, 2555 Shumard
Oak Boulevard, Tallahassee, Florida 32399-2100, (850)487-1824. If you are
hearing or speech impaired, please contact the agency using the Florida Relay
Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE
CONTACTED REGARDING THE PROPOSED RULE IS: Ila Jones, Community Program
Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevji9ard,
Tallahassee, Florida 32399-2100, (850)487-1824
THE FULL TEXT OF
THE PROPOSED RULE IS:
9B-70.002 Commission Approval and Accreditation of Advanced Building Code Training
Courses.
(1) Approval of Course Accreditors. The
Commission shall approve persons to serve as accreditors of advanced training
courses. Persons desiring to be accreditors shall apply using the Register Accreditor function and
associated online screens, Form # 9B-70.002(1), effective January 1, 2009 adopted herein by reference and available
from the Building Code Information System at www.floridabuilding.org/BCISOld/ce/ce_pb_ce.aspx. Applications shall be accompanied by an
application fee of $100.00. Applications shall be approved by the Commission if
the applicant has demonstrated five years of Florida Building Code expertise in the field for which approval
is sought, or equivalent as specified below, or possesses an active
license issued pursuant to Section 471.015, 481.213, or 481.311; Chapter 489, Part
I or II, F.S.; or a standard certificate issued pursuant to Section 468.609,
F.S. Accreditors approved by the Commission under prior versions of this rule
are authorized to continue accreditation of building code courses. Equivalent expertise or proficiency under
this provision shall include:
(a) A four year college degree or graduate degree
in the field for which approval is sought;
(b) A letter verifying work experience in the
field for which approval is sought from a person who supervised the applicant;
(c) A letter verifying employment and specific
position of the applicant in the field for which approval is sought from the
applicant’s employer; or
(d)
For an accreditor application submitted to accredit only accessibility courses,
demonstrated proficiency acceptable to the Commission as a subject matter
expert in the field of accessibility.
(2)
Revocation of approval as an accreditor.
(a)
Any accreditor shall have his/her approval status revoked for any of the
following reasons:
1.
Knowingly providing a fraudulent application to the Commission, when applying
for accreditor status;
2.
Suspension or revocation of a trade license submitted to the Commission as part
of the initially approved accreditor application, which was not reported to the
Commission at the time of suspension or revocation;
3.
Failure to effectively and/or accurately accredit courses, specifically
relating to the correctness of the course building code content references;
4.
Failure to remove him/herself from any “conflict of interest” situations, such
as accrediting courses in which the accreditor has a financial interest; or
5.
Failure of the accreditor to cooperate with a Commission ordered investigation.
(b)
The Commission may suspend the approval status of any accreditor based on any
provision of paragraph (2)(a) of this rule, until such time as the accreditor
demonstrates that the accreditor’s status is currently in compliance with the
requirements of this rule.
(c)
The Commission shall initiate an investigation based on a written complaint
submitted by any substantially affected party and containing substantial
material evidence of a violation of this rule.
(d)
The Commission shall clearly post the status of an investigation on its
website, the Florida Building Codes Information System, www.floridabuilding.org.
(3) Training Provider Registration and
Requirements.
(a) Training providers approved by the Department
of Business and Professional Regulation who desire Commission approval and
accreditation for advanced building code courses shall register with the
Building Code Information System using
the Register Training Provider function and associated online screens, Form
9B-70.002(4)(a) effective January 1, 2009, adopted herein by reference and available from the Building Code
Information System at http://www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx, and pay a registration fee of $25.00.
(b) Registered training providers shall submit
materials and information pertaining to courses for which Commission
accreditation and approval is sought utilizing the Submit a Course Application function and associated
online screens, Form 9B-70.002(4)(b) effective January 1, 2009, adopted herein by reference and
available from the Building Code Information System at www.floridabuilding.org.
(c) The provider shall select an approved
accreditor and shall provide payment for services directly to the accreditor.
The accreditor selected shall meet the criteria for independence identified in
paragraph (d) and shall be
listed with the expertise in the field for which approval is sought.
(d) Upon submittal by a training provider, the
selected accreditor shall receive an e-mail notification from the Building Code Information System
at www.floridabuilding.org and shall
review the materials provided by the provider in accordance with the criteria
identified herein. The accreditor shall complete the application by providing
comments containing the results of the accreditor’s review and updating the
accreditation approval status on the Building Code Information System. The
accreditor shall also provide a certification of independence that attests the
person or entity does not have, nor does it intend to acquire or will acquire,
a financial interest in the training provider seeking accreditation.
(e) The Building Code Information System www.floridabuilding.org shall assign an accreditation number to
the application upon submittal. The application shall be accredited
completely and placed in the “Pending FBC Action” file on the Building Code
Information System at www.floridabuilding.org no later than 23 calendar days
prior to the next scheduled meeting
of the Florida Building Commission. The Commission shall finalize the
accreditation process utilizing the Building Code Information System at
www.floridabuilding.org and notify the provider and accreditor within 3
business days of the Florida Building Commission’s action on the applications.
(f)
On or before the effective date of changes to the Florida Building Code,
providers shall either designate on the Building Code Information System at
www.floridabuilding.org that the course is not affected by the code changes or
update the existing accredited courses affected by the code changes and submit
for accreditation. If the course is not affected by the code changes, the
course’s status shall remain active. The code version that initiated the update
and reaccreditation process must be noted on the application. Accreditation of revisions to approved accredited courses and courses in alternative formats to approved accredited courses shall be accomplished in the same manner
as described in paragraphs (a) through (f) hereof, except that only the
revision submitted shall be subject to review and these courses shall be
approved by the administrator of the education program subject to ratification
by the Florida Building Commission.
(g) If an approved accredited course requires
revision to correct or update a reference, table, diagram, or quoted provision
of code, law, or administrative rule, the training provider may submit the
revised course and complete Form 9B-70.002(4)(a), effective
___________________, adopted herein by reference and available from the
Building Code Information System at www.floridabuilding.org. The training provider must list the exact
change, the specific location of the change, and reason for the change in the
course and affirm this is the only change.
The changes to the course shall be approved by the administrator of the
education program subject to ratification by the Florida Building Commission.
(h) A change to the
delivery format of an approved accredited course must be submitted for
accreditation.
(4) Course Content and Accreditor Review.
Accreditors shall review courses submitted by registered providers to determine
if the course accurately presents the technical and administrative
responsibilities reflected in the current edition of the Florida Building Code,
or future editions of the Code if the accreditor is reviewing a course revised
to comply with an updated edition of the Florida Building Code in accordance
with paragraph (3)(4)(f) of this rule or Florida
Statutes or rules related to the Florida Building Code. Accreditors shall not
mutually accredit each others’ courses. The accreditor shall determine if the
course meets the following minimum criteria:
(a) Course title and number. The word “advanced”
and, if appropriate, “internet” shall be in the title;
(b) Hours of credit;
(c) Name, address, telephone number and e-mail
address of the provider;
(d) Course description completely describing what
the particular course if designed to address;
(e) Course/learning objectives;
(f) Course time allotments for course content;
(g) Course outline and instructional methods –
detailed description of course content in sequence of how taught and methods
used to teach that content. The
following instructional methods are authorized, but are not limited to:
exercises, quizzes, discussion groups, reading assignments, projects,
simulations and presentations;
(h) Code edition to which the course relates;
(i) Course references cited in the outline;
(j) Method of course evaluations;
(k) A minimum of 50% of the actual training
materials content shall be related to the Florida Building Code or Florida
Statutes or rules related to the Florida Building Code;
(l) Course materials shall accurately reflect the
Florida Building Code and other topics under the jurisdiction of the Florida
Building Commission; and
(m) Course materials provided to the attendee
shall be provided to the accreditor.
(5) Course Accreditation by the Florida Building
Commission. Accredited courses are to effectively and accurately address the
technical and administrative responsibilities in the effective execution of the
Florida Building Code or Florida Statutes or rules related to the Florida
Building Code.
(6)
The Commission shall audit a minimum of
2% of all accredited courses. The courses selected for audit may not be those
of only one provider or reviewed by only one accreditor. Any course submitted
for accreditation or re-accreditation determined to not accurately reflect the
current or adopted Florida Building Code edition; or Florida Statutes or rules
related to the Florida Building Code shall be reported to the Commission for
further action. All approved advanced building code courses must reflect the
current or adopted Florida Building Code edition; or Florida Statutes or rules
related to the Florida Building Code. Any courses accredited and determined by
audit or any means to not accurately reflect the current or adopted Florida
Building Code edition; or Florida Statutes or rules related to the Florida
Building Code or accredited by an accreditor outside the approved areas of
expertise shall have the accreditation revoked, the status of the course
communicated to the respective licensing board or boards, and the provider will
be required to file a new application for accreditation.
(7) In the event the Commission identifies areas
or topics of advanced building code education with an insufficient number of
course available through existing resources, the Commission shall report the
areas or topics to the appropriate licensing board. If additional courses do
not become available within six months of notification to the licensing board,
upon a finding that the absence of course work in the identified subject area
is detrimental to the effective administration and enforcement of the Florida
Building Code, and funds are available in the Commission’s budget for course
development, the Commission will develop a minimum of one (1) course that will
be made available to training providers.
Rulemaking
Specific Authority 553.841(2) FS. Law Implemented 553.841 FS. History–New 6-8-05,
Amended 4-30-07, 6-12-08, 3-4-09, 11-2-09, ________.
NAME OF PERSON
ORIGINATING PROPOSED RULE: Ila Jones, Community Program Administrator,
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100, (850)487-1824
NAME OF AGENCY
HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED
RULE APPROVED BY AGENCY HEAD: April 7, 2010
DATE NOTICE OF
PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 19, 2010.
Summaries of
Legislation That Passed in the 2010 Session
HB 545 by Pat Patterson (R-DeLand) repeals section 689.262, Florida Statutes, which states: “A purchaser of residential property that is located in the wind-borne debris region, as defined in s. 1609.2 of the International Building Code (2006), must be informed of the windstorm mitigation rating of the structure, based on the uniform home grading scale adopted pursuant to s. 215.55865. The rating must be included in the contract for sale or as a separate document attached to the contract for sale. The Financial Services Commission may adopt rules, consistent with other state laws, to administer this section, including the form of the disclosure and the requirements for the windstorm mitigation inspection or report that is required for purposes of determining the rating.”
HB 663 by Gary Aubuchon (R-Cape Coral) – see detailed summary following this page.
HB 713 by Ritch Workman (R-Melbourne) is the DBPR bill. It includes delay of the effective date (to July 1, 2011) of home inspector, mold assessor, and mold remediator licensing, and it modifies related grandfathering provisions. It adds language to allow certified general, building, or residential contractors to inspect and do the work (contrary to conflict of interest provisions in home inspector and mold assessor/remediator licensing).
SB 2044 by Garrett Richter (R-Naples) modifies provisions relating to public adjusters, home inspectors, mold assessors, and mold remediators (the same as described for HB 663), and replacement cost claims. Some provisions in the bill take effect on January 1, 2011 but most would go into effect on July 1, 2010.
HB 7179 by Steve Precourt (R-Orlando) establishes the “PACE” (property-assessed clean energy) program in Florida. The program allows for local government up-front financing for property owners to make “qualified improvements” and repay the loan over time through property tax assessments. The qualified improvements include energy conservation and efficiency improvements, renewable energy improvements, and wind resistance improvements. The bill also requires that properly licensed contractors be used for the work that requires it. If approved, this legislation will take effect right away.
HB 7243 by Trudi Williams (R-Ft. Myers) relates to recycling and requires each county to implement a program for recycling construction and demolition debris. It also requires reporting by each county of the amount of construction and demolition debris process and recycled prior to disposal by January 1, 2012 and annually thereafter. The legislation also requires that, “to the extent economically feasible, all construction and demolition debris must be processed prior to disposal, either at a permitted materials recovery facility or at a permitted disposal facility.” Last, the bill amends section 553.77, Florida Statutes, relating to specific powers of the Florida Building Commission, to require that the Commission develop recommendations that increase residential and commercial recycling and composting and strongly encourage the use of recyclable materials and the recycling of construction and demolition debris.
HB 663 by Gary
Aubuchon (R-Cape Coral) - Summary
Passed Legislature on April
30, 2010
(Sent to governor on May 17,
2010 – must act by June 1, 2010)
Amends section 196.031(6), Florida Statutes, relating to exemption of homesteads for property damaged by “misfortune or calamity” to provide that a building permit rendered invalid (for a variety of reasons) after three years constitutes abandonment of the property as homestead.
Amends various sections of chapter 399, Florida Statutes, relating to regulation of elevators.
Creates section 455.2122, Florida Statutes, relating to professional regulation education, to require approval of distance learning for prelicensure education requirements for community association managers, real estate professionals and appraisers, home inspectors, and mold assessors and remediators.
Amends section 455.2123, Florida Statutes, relating to professional regulation continuing education, to require approval of distance learning for continuing education for community association managers, real estate professionals and appraisers, home inspectors, and mold assessors and remediators.
Amends section 468.631(1),
Florida Statutes, relating to building code administrators and inspectors fund,
to modify the surcharge imposed from “one-half cent per square foot of under-
roof floor space permitted” to “1.5 percent of all permit fees associated with
enforcement of the Florida Building Code” with a minimum surcharge of $2.00 per
permit. Requires the funds collected to
be allocated equally between the Florida Homeowners' Construction Recovery Fund
and the functions of the Building Code Administrators and Inspectors Board
(instead of current allocation to the board with any leftover (none in recent
years) to the recovery fund). The effective date for this
provision is October 1, 2010.
Amends sections 468.83 and 468.84, Florida Statutes, relating to home inspector, mold assessor, and mold remediator licensure, to create the licensure program at DBPR.
Amends section 468.8311(4),
Florida Statutes, relating to definitions for home inspector licensure, to
provide that “home inspection services” means “a limited visual examination of
the following readily accessible installed systems and components of a home:
the structure, electrical system, HVAC system, roof covering, plumbing system,
interior components, exterior components,” rather than inspection of any of the
listed items.
Amends sections 468.8313 and
468.8413, Florida Statutes, relating to examinations for home inspector, mold
assessor, and mold remediator licensure, to make some technical changes and to
require that an applicant submit fingerprints for a criminal history check.
Amends sections 468.8318 and
468.8418, Florida Statutes, relating to home inspector, mold assessor, and mold
remediator licensure entities, to remove the proposed requirement that business
entities be authorized, in favor of licensing the individual.
Amends sections 468.8319 and
468.8419, Florida Statutes, relating to home inspector, mold assessor, and mold
remediator licensure requirements, to delay the effective date of the licensure
law to July 1, 2011 (from July 1, 2010).
Amends section 468.8324,
Florida Statutes, relating to grandfathering for home inspector licensure, to
extend the time to qualify from July 1, 2010 to March 31, 2011, and to specify
that an individual may qualify for grandfathering if he or she:
For home inspectors:
-- Is certified as a home inspector
by a state or national association that requires, for such certification,
successful completion of a proctored examination on home inspection services
and completes at least 14 hours of verifiable education on such services; or
-- Has at least 3 years of
experience (established by submitting at least 120 of the applicant’s home
inspection reports) as a home inspector at the time of application and has
completed 14 hours of verifiable education on home inspection services.
For mold assessors and mold remediators:
-- Is certified as a mold assessor or mold
remediator by
a state or national association that
requires, for such certification, successful completion of a proctored
examination on mold assessment or mold remediation, as applicable, and completes
at least 60 hours of education on mold assessment or at least 30 hours of
education on mold remediation, as applicable; or
-- At the time of application, has at least 3 years
of experience (established by at least 40 of the applicant’s mold assessments
or remediation invoices) as a mold assessor or mold remediator.
Provides additional
requirements to qualify for licensure.
Amends section 468.8414,
Florida Statutes, relating to mold assessor, and mold remediator licensure, to
require specific insurance to qualify for licensure.
Amends section 468.8421(1),
Florida Statutes, relating to insurance requirements for mold assessor
licensure, to specify a licensee must carry at least $1 million (rather than
“not less than”) of general liability and errors and omissions insurance
coverage.
Amends section 489.103(22),
Florida Statutes, relating to construction licensure exemptions, to change a
technical reference applicable to changes made elsewhere in this legislation to
section 633.061, Florida Statutes (this does not change existing law on
exemptions).
Amends
section 489.5335(1), Florida Statutes, relating to electrical journeyman
licensure provisions, to eliminate reference to Florida Building Codes core
course.
Amends
section 553.37, Florida Statutes, relating to product approval inspections, to
allow that manufacturers may pay fees directly through the Building Code
Information System (BCIS). Adds the
following provision: “Custom or one-of-a-kind prototype manufactured
buildings are not required to have state approval, but must be in compliance
with all local requirements of the governmental agency having jurisdiction at
the installation site.”
Amends section 553.357,
Florida Statutes, relating to recertification of manufactured buildings, to provide
for an application for certification when a building is relocated only when it
is to a site that has a higher design wind speed.
Amends section 553.512(1), Florida Statutes, relating to certain modifications and waivers, to require the Florida Building Commission to establish a fee for submitting a request for a waiver.
Amends section 553.721,
Florida Statutes, relating to surcharges, to modify the surcharge imposed from
“one-half cent per square foot of under- roof floor space permitted” to “1.5 percent
of all permit fees associated with enforcement of the Florida Building Code”
with a minimum surcharge of $2.00 per permit.
Specifies that the funds be used “exclusively for the duties of the
Florida Building Commission and the Department of Community Affairs under”
chapter 553, Florida Statutes.
Amends section 553.73, Florida Statutes, relating to the Florida Building Code, to:
-
Allow counties and municipalities to adopt by ordinance an administrative or
technical amendment to the Florida Building Code relating to flood resistance
in order to implement the National Flood Insurance Program or incentives
- Remove the requirement that any model code selected by the Florida Building Commission as the foundation for the Florida version be made available to the public at least 6 months before the Commission selects it
- Allow the Florida Building Commission to approve amendments needed to address equivalency of standards
- Allow the Florida Building Commission to approve amendments relating to inconsistencies federal or state law
- Exempt from the Florida Building Code “family
mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs,
and a floor constructed of granite, marble, or reinforced concrete”
- Specify that the Florida Building Code is not
applicable to temporary housing provided by the Department of Corrections to
any prisoner in the state correctional system.
- Specify that “an agency or local government may not require that existing mechanical equipment on the surface of a roof be installed in compliance with the requirements of the Florida Building Code until the equipment is required to be removed or replaced.”
- Require that “the illumination in classroom units be designed to provide and maintain an average of 40 foot-candles of light at each desktop. Public educational facilities must consider using light-emitting diode lighting before considering other lighting sources”
- Specify that “the provisions of section R313 of the most current version of the International Residential Code relating to mandated fire sprinklers may not be incorporated into the Florida Building Code as adopted by the Florida Building Commission and may not be adopted as a local amendment to the Florida Building Code. This subsection does not apply to a local government that has a lawfully adopted ordinance relating to fire sprinklers which has been in effect since January 1, 2010”
Amends section 553.74, Florida Statutes, relating to the Florida Building Commission to specify a member of an FBC committee or workgroup does not have an impermissible conflict when representing a client before the Florida Building Commission. Further specifies that such a member may not participate in discussion or decision on any matter in which the member has a direct financial interest.
Amends section 553.76, Florida Statutes, relating to general powers of the Florida Building Commission, to permit the Commission to adopt rules for its consensus-based decisionmaking, including super majority voting requirements for code provisions.
Amends section 553.775, Florida Statutes, relating to Florida Building Code interpretations, to authorize charging a fee for declaratory statement requests (maximum $250) and non-binding interpretations (maximum $125).
Amends section 553.79, Florida Statutes, relating to Florida Building Code permits and inspections, to add: “Inspection services that are not required to be performed by a state agency under a federal delegation of responsibility or by a state agency under the Florida Building Code must be performed under the alternative plans review and inspection process created in s. 553.791 or by a local governmental entity having authority to enforce the Florida Building Code.”
Amends section 553.80, Florida
Statutes, relating to Florida Building Code enforcement, to limit additional
review and inspection by the governing state agency to certain types of health
care facilities. Allows for state agency
plans review and inspection for hospice facilities. Imposes limitations on exemptions from code
compliance for single-family residences located in mapped flood hazard areas,
unless certain conditions are met.
Amends
section 553.841, Florida Statutes, relating to the building code compliance and mitigation program, to
eliminate all reference to the core course and its requirements.
Amends section 553.842, Florida Statutes, relating to product evaluation and approval, to allow for direct payment of fees to a contract administrator and specify that such fees shall be used only to fund the product evaluation and approval system. Authorizes the Florida Building Commission to make editorial revisions to product approvals. For products subject to approval by standardized testing, provides for time limits for staff review and addition to the list of products and provides additional related direction for the Florida Building Commission. Requires that the Florida Building Commission specifically approve the International Association of Plumbing and Mechanical Officials Evaluation Service as an evaluation entity, and deletes such designation for the International Conference of Building Officials Evaluation Services and the Building Officials and Code Administrators International Evaluation Services, the Southern Building Code Congress International Evaluation Services. Removes direction and authority for the Florida Building Commission to annually review and recommend additions to the list of evaluation entities.
Amends section 553.844, Florida Statutes, relating to windstorm loss mitigation and requirements for roofs and opening protection, to add the following provision: “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 2010 Florida Building Code.”
Amends section 553.885,
Florida Statutes, relating to carbon monoxide alarms, to add a catchall for
additional equipment that emits carbon monoxide and provide that the alarms may
be hard-wired or battery-powered. Adds
new state correctional institutions to the requirements relating to location of
the alarm in proximity to rooms.
Specifies that certain provisions do not apply to existing buildings
undergoing alterations or repairs unless the alteration is an addition defined
as “an extension or increase in floor area, number of stories, or height of a
building or structure.”
Amends section 553.9061, Florida Statutes, relating to scheduled increases in thermal efficiency standards, to add to the list of Energy efficiency performance options the following:
- Energy-efficient water heating systems (solar was
already listed)
- Energy-saving devices and features installed
within duct systems
- Energy-saving quality installation procedures for
replacement air-conditioning systems, including, but not limited to, equipment
sizing analysis and duct inspection
- Shading devices, sunscreening materials, and
overhangs.
- Weatherstripping, caulking, and sealing of
exterior openings and penetrations.
- Energy-efficient centralized computer data centers in office buildings.
Amends section 553.909, Florida Statutes, relating to setting requirements for appliances, to specify that residential swimming pool pumps or water heaters manufactured (rather than sold) after July 1, 2011, are in compliance. Adds a requirement that residential swimming pool filtration pumps and pump motors manufactured on or after July 1, 2011, comply with certain requirements. Provides additional requirements or specificity relating to residential filtration pool pumps and pump motors.
Amends section 553.912, Florida Statutes, relating to standards for air conditioners, to add: “It is the intent of the Legislature that all replacement air-conditioning systems be installed using energy-saving, quality installation procedures, including, but not limited to, equipment sizing analysis and duct inspection.”
Amends
section 627.711, Florida Statutes,
relating to premium discounts for hurricane loss mitigation and uniform
mitigation verification inspection form, to modify the list of authorized
mitigation inspectors who may submit the uniform mitigation verification form
as follows:
-- [ADD] Licensed home inspector
who has completed at least 3 hours of hurricane mitigation training which
includes hurricane mitigation techniques and compliance with the uniform
mitigation verification form and completion of a proficiency exam. Thereafter,
approved licensed home inspectors must complete at least 2 hours of continuing
education related to mitigation inspection and the uniform mitigation form each year
--
[EXISTING] Building code inspector certified under s. 468.607
-- [EXISTING] General, building, or residential
contractor licensed under s. 489.111
-- [EXISTING] Professional engineer licensed under
s. 471.015
--
[EXISTING] Professional architect
licensed under s. 481.213
-- [EXISTING] Any other individual or entity
recognized by the insurer (at the insurer’s option) as possessing the necessary
qualifications to properly complete a uniform mitigation verification form
-- [DELETE] Hurricane mitigation inspector certified
1963 by the My Safe Florida Home program
Also specifies that a
“person who is authorized to sign a mitigation verification form must inspect
the structures referenced by the form personally, not through employees or
other persons, and must certify or attest to personal inspection of the
structures referenced by the form. However, [engineers] or [general, building,
or residential contractors] may authorize a direct employee, who is not an
independent contractor, and who possesses the requisite skill, knowledge and
experience to conduct a mitigation verification inspection. Insurers shall have
the right to request and obtain information from the authorized [engineer or
general, building, or residential contractor] mitigation inspector, regarding
any authorized employee's qualifications prior to accepting a mitigation
verification form performed by an employee that is not [a licensed engineer or
general, building, or residential contractor].”
Under the misconduct provision described below, provides that an engineer
or general, building, or residential contractor is directly liable for the
misconduct of an employee.
Creates a provision to address fraud or misconduct in completing the uniform mitigation verification inspection form and specifies the following acts apply when a signed form:
--- Falsely indicates that he or she personally inspected the structures referenced by the form
--- Falsely indicates the existence of a feature which entitles an insured to a mitigation discount which the inspector knows does not exist or did not personally inspect
--- Contains erroneous information due to the gross negligence of the inspector
--- Contains a pattern of demonstrably false information regarding the existence of mitigation features that could give an insured a false evaluation of the ability of the structure to withstand major damage from a hurricane endangering the safety of the insured's life and property
Requires that any insurer that finds evidence of fraud report this to the Division of Insurance Fraud, Office of Insurance Regulation.
Provides the following: “At its expense, the insurer may require that any uniform mitigation verification form provided by an authorized mitigation inspector or inspection company be independently verified by an inspector, inspection company or an independent third-party quality assurance provider which does possess a quality assurance program prior to accepting the uniform mitigation verification form as valid.”
Amends section 633.021, Florida Statutes, relating to fire prevention and control definitions, to add the following definitions:
-- "Fire equipment dealer Class A" means a
licensed fire equipment dealer whose business is limited to servicing,
recharging, repairing, installing, or inspecting all types of fire extinguishers
and conducting hydrostatic tests on all types of fire extinguishers.
-- "Fire equipment dealer Class B" means a
licensed fire equipment dealer whose business is limited to servicing,
recharging, repairing, installing, or inspecting all types of fire extinguishers,
including recharging carbon dioxide units and conducting hydrostatic tests on
all types of fire extinguishers, except carbon dioxide units.
-- "Fire equipment dealer Class C" means a
licensed fire equipment dealer whose business is limited to servicing,
recharging, repairing, installing, or inspecting all types of fire
extinguishers, except recharging carbon dioxide units, and conducting
hydrostatic tests on all types of fire extinguishers, except carbon dioxide
units.
-- "Fire equipment dealer Class D" means a
licensed fire equipment dealer whose business is limited to servicing,
recharging, repairing, installing, hydrotesting, or inspecting of all types of
preengineered fire extinguishing systems.
-- For the definition of
"preengineered system" and with respect to installation according to
pretested limitations and configurations specified by the manufacturer and
applicable National Fire Protection Association (NFPA) standards, adds the
following: “Only those chapters within the National Fire Protection Association
standards that pertain to servicing, recharging, repairing, installing,
hydrotesting, or inspecting any type of preengineered fire extinguishing system
may be used.” Also adds that preengineered
systems “consist of and include all of the components and parts providing fire
suppression protection, but do not include the equipment being protected.”
Amends section 633.0215, Florida Statutes, relating to the Florida Fire Prevention Code, to require the State Fire Marshal to issue expedited declaratory statements interpreting provisions of the Fire Prevention Code using the following guidelines (and all must be met):
1. The declaratory statement shall be rendered in
accordance with s. 120.565, except that a final decision must be issued by the
State Fire Marshal within 45 days after the division's receipt of a petition
seeking an expedited declaratory statement. The State Fire Marshal shall give
notice of the petition and the expedited declaratory statement or the denial of
the petition in the next available issue of the Florida Administrative Weekly
after the petition is filed and after the statement or denial is rendered.
2. The petitioner must be the owner of the disputed
project or the owner's representative.
3. The petition for an expedited declaratory
statement must be: a. Related to an active project that is under construction
or must have been submitted for a permit.
b. The subject of a written notice
citing a specific provision of the Florida Fire Prevention Code which is in
dispute.
c. Limited to a single question
that is capable of being answered with a "yes" or "no"
response.
Amends section 633.025, Florida Statutes, relating to minimum firesafety standards, to provide: “Notwithstanding subsection (9), a property owner shall not be required to install fire sprinklers in any residential property based upon the use of such property as a rental property or any change in or reclassification of the property's primary use to a rental property.” [Subsection (9) allows local governments to adopt residential fire sprinkler requirements in lieu of other fire protection requirements.]
Amends section 633.026, Florida Statutes, relating to informal interpretations of the Florida Fire Prevention Code, to state: “It is the intent of the Legislature that the Florida Fire Prevention Code be interpreted by fire officials and local enforcement agencies in a manner that reasonably and cost-effectively protects the public safety, health, and welfare, ensures uniform interpretations throughout this state, and provides just and expeditious processes for resolving disputes regarding such interpretations. It is the further intent of the Legislature that such processes provide for the expeditious resolution of the issues presented and that the resulting interpretation of such issues be published on the website of the Division of State Fire Marshal.” Provides th