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