HB 704 – Relating to the Florida Building Commission and the Florida Building Code

Chapter Law Number: Chapter No. 2012-13

Approved by the Governor 3/23/2012

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 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.