Senate Bill 1146 (2021) — Florida Building Code
SB 1146
Florida Bills
Florida Senate - 2021 SB 1146 By Senator Brodeur 9-00990-21 20211146__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the Florida Building Code; amending 2 s. 514.0115, F.S.; prohibiting the Department of 3 Health from requiring that pools serving assisted 4 living facilities be compliant with rules relating to 5 swimming pool lifeguards; amending s. 553.73, F.S.; 6 authorizing a substantially affected person to file a 7 petition with the Florida Building Commission to 8 review certain local government regulations, laws, 9 ordinances, policies, amendments, or land use or 10 zoning provisions; defining the term “local 11 government”; providing requirements for the petition 12 and commission; requiring the commission to issue a 13 nonbinding advisory opinion within a specified 14 timeframe; authorizing the commission to issue errata 15 to the code; defining the term “errata to the code”; 16 making technical changes; amending s. 553.77, F.S.; 17 conforming a cross-reference; amending s. 553.79, 18 F.S.; prohibiting a local government from requiring 19 certain contracts for the application for or issuance 20 of a building permit; amending s. 553.842, F.S.; 21 requiring evaluation entities that meet certain 22 criteria to comply with certain standards; amending 23 ss. 125.01 and 125.56, F.S.; conforming cross-24 references; making technical changes; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions.
Section 1. Present subsections (3) through (8) of
section 30 514.0115, Florida Statutes, are redesignated as subsections (4) 31 through (9), respectively, and a new subsection (3) is added to 32 that section, to read: 33 514.0115 Exemptions from supervision or regulation; 34 variances.— 35
(3) The department may not require compliance with rules 36 relating to swimming pool lifeguard standards for pools serving 37 assisted living facilities. 38
Section 2. Subsections (4) and (8) of
section 553.73, 39 Florida Statutes, are amended to read: 40 553.73 Florida Building Code.— 41 (4)(
a) All entities authorized to enforce the Florida 42 Building Code under pursuant to s. 553.80 shall comply with 43 applicable standards for issuance of mandatory certificates of 44 occupancy, minimum types of inspections, and procedures for 45 plans review and inspections as established by the commission by 46 rule. Local governments may adopt amendments to the 47 administrative provisions of the Florida Building Code, subject 48 to the limitations in of this subsection paragraph. Local 49 amendments must shall be more stringent than the minimum 50 standards described in this
section herein and must shall be 51 transmitted to the commission within 30 days after enactment. 52 The local government shall make such amendments available to the 53 general public in a usable format. The State Fire Marshal is 54 responsible for establishing the standards and procedures 55 required in this subsection paragraph for governmental entities 56 with respect to applying the Florida Fire Prevention Code and 57 the Life Safety Code. 58
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. (
b) Local governments may, subject to the limitations in of 59 this
section and not more than once every 6 months, adopt 60 amendments to the technical provisions of the Florida Building 61 Code that which apply solely within the jurisdiction of such 62 government and that which provide for more stringent 63 requirements than those specified in the Florida Building Code, 64 not more than once every 6 months. A local government may adopt 65 technical amendments that address local needs if: 66 1.
The local governing body determines, following a public 67 hearing which has been advertised in a newspaper of general 68 circulation at least 10 days before the hearing, that there is a 69 need to strengthen the requirements of the Florida Building 70 Code.
The determination must be based upon a review of local 71 conditions by the local governing body, which review 72 demonstrates by evidence or data that the geographical 73 jurisdiction governed by the local governing body exhibits a 74 local need to strengthen the Florida Building Code beyond the 75 needs or regional variation addressed by the Florida Building 76 Code, that the local need is addressed by the proposed local 77 amendment, and that the amendment is no more stringent than 78 necessary to address the local need. 79 2.
Such additional requirements are not discriminatory 80 against materials, products, or construction techniques of 81 demonstrated capabilities. 82 3. Such additional requirements may not introduce a new 83 subject not addressed in the Florida Building Code. 84 (c)4. The enforcing agency shall make readily available, in 85 a usable format, all amendments adopted under pursuant to this 86 section. 87
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions. (d)5. Any amendment to the Florida Building Code shall be 88 transmitted within 30 days after adoption by the adopting local 89 government to the commission. The commission shall maintain 90 copies of all such amendments in a format that is usable and 91 obtainable by the public. Local technical amendments are shall 92 not become effective until 30 days after the amendment has been 93 received and published by the commission. 94 (e)6.
An Any amendment to the Florida Building Code adopted 95 by a local government under pursuant to this subsection is 96 paragraph shall be effective only until the adoption by the 97 commission of the new edition of the Florida Building Code by 98 the commission every third year. At such time, the commission 99 shall review such amendment for consistency with the criteria in 100 paragraph (9)(
a) and adopt such amendment as part of the Florida 101 Building Code or rescind the amendment. The commission shall 102 immediately notify the respective local government of the 103 rescission of any amendment. After receiving such notice, the 104 respective local government may readopt the rescinded amendment 105 under pursuant to the provisions of this subsection paragraph. 106 (f)7.
Each county and municipality desiring to make local 107 technical amendments to the Florida Building Code shall by 108 interlocal agreement establish by interlocal agreement a 109 countywide compliance review board to review any amendment to 110 the Florida Building Code that is, adopted by a local government 111 within the county under pursuant to this subsection and 112 paragraph, that is challenged by a any substantially affected 113 party for purposes of determining the amendment’s compliance 114 with this subsection paragraph.
If challenged, the local 115 technical amendments are shall not become effective until the 116
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. time for filing an appeal under paragraph (
g) pursuant to 117 subparagraph 8. has expired or, if there is an appeal, until the 118 commission issues its final order determining if the adopted 119 amendment is in compliance with this subsection. 120 (g)8. If the compliance review board determines such 121 amendment is not in compliance with this subsection paragraph, 122 the compliance review board shall notify such local government 123 of the noncompliance and that the amendment is invalid and 124 unenforceable until the local government corrects the amendment 125 to bring it into compliance.
The local government may appeal the 126 decision of the compliance review board to the commission. If 127 the compliance review board determines that such amendment is to 128 be in compliance with this subsection paragraph, any 129 substantially affected party may appeal such determination to 130 the commission. Any such appeal must shall be filed with the 131 commission within 14 days after of the board’s written 132 determination.
The commission shall promptly refer the appeal to 133 the Division of Administrative Hearings by electronic means 134 through the division’s website for the assignment of an 135 administrative law judge. The administrative law judge shall 136 conduct the required hearing within 30 days after being assigned 137 to the appeal, and shall enter a recommended order within 30 138 days after of the conclusion of such hearing. The commission 139 shall enter a final order within 30 days after an order is 140 rendered thereafter. The provisions of
Chapter 120 and the 141 uniform rules of procedure shall apply to such proceedings. The 142 local government adopting the amendment that is subject to 143 challenge has the burden of proving that the amendment complies 144 with this subsection paragraph in proceedings before the 145
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. compliance review board and the commission, as applicable. 146 Actions of the commission are subject to judicial review under 147 pursuant to s. 120.68. The compliance review board shall 148 determine whether its decisions apply to a respective local 149 jurisdiction or apply countywide. 150 (h)9.
An amendment adopted under this subsection paragraph 151 must shall include a fiscal impact statement that which 152 documents the costs and benefits of the proposed amendment. 153 Criteria for the fiscal impact statement shall include the 154 impact to local government relative to enforcement and, the 155 impact to property and building owners and, as well as to 156 industry, relative to the cost of compliance. The fiscal impact 157 statement may not be used as a basis for challenging the 158 amendment for compliance. 159 (i)10. In addition to paragraphs (
f) and (
g) subparagraphs 160 7. and 9., the commission may review any amendments adopted 161 under pursuant to this subsection and make nonbinding 162 recommendations related to compliance of such amendments with 163 this subsection. 164 (j)(
c) Any amendment adopted by a local enforcing agency 165 under pursuant to this subsection may shall not apply to state 166 or school district owned buildings, manufactured buildings or 167 factory-built school buildings approved by the commission, or 168 prototype buildings approved under pursuant to s. 553.77(3). The 169 respective responsible entities shall consider the physical 170 performance parameters substantiating such amendments when 171 designing, specifying, and constructing such exempt buildings. 172 (k)(
d) A technical amendment to the Florida Building Code 173 related to water conservation practices or design criteria 174
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions. adopted by a local government under pursuant to this subsection 175 is not rendered void when the code is updated if the technical 176 amendment is necessary to protect or provide for more efficient 177 use of water resources as provided in s. 373.621. However, any 178 such technical amendment carried forward into the next edition 179 of the code under pursuant to this paragraph is subject to 180 review or modification as provided in this part. 181 (
l) If a local government adopts a regulation, law, 182 ordinance, policy, amendment, or land use or zoning provision 183 without using the process established in this subsection, and a 184 substantially affected person considers such regulation, law, 185 ordinance, policy, amendment, or land use or zoning provision to 186 be a technical amendment to the Florida Building Code, then the 187 substantially affected person may submit a petition to the 188 commission for a nonbinding advisory opinion.
If a substantially 189 affected person submits a request in accordance with this 190 paragraph, the commission shall issue a nonbinding advisory 191 opinion stating whether or not the commission interprets the 192 regulation, law, ordinance, policy, amendment, or land use or 193 zoning provision as a technical amendment to the Florida 194 Building Code. As used in this paragraph, the term “local 195 government” means a county, municipality, special district, or 196 political subdivision of the state. 197 1.
Requests to review a local government regulation, law, 198 ordinance, policy, amendment, or land use or zoning provision 199 may be initiated by any substantially affected person. A 200 substantially affected person includes an owner or builder 201 subject to the regulation, law, ordinance, policy, amendment, or 202 land use or zoning provision, or an association of owners or 203
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 8 of 13 CODING: Words stricken are deletions; words underlined are additions. builders having members who are subject to the regulation, law, 204 ordinance, policy, amendment, or land use or zoning provision. 205 2. In order to initiate a review, a substantially affected 206 person must file a petition with the commission. The commission 207 shall adopt a form for the petition and directions for filing, 208 which shall be published on the Building Code Information 209 System. The form shall, at a minimum, require the following: 210 a.
The name of the local government that enacted the 211 regulation, law, ordinance, policy, amendment, or land use or 212 zoning provision. 213 b. The name and address of the local government’s general 214 counsel or administrator. 215 c. The name, address, and telephone number of the 216 petitioner; the name, address, and telephone number of the 217 petitioner’s representative, if any; and an explanation of how 218 the petitioner’s substantial interests are being affected by the 219 regulation, law, ordinance, policy, amendment, or land use or 220 zoning provision. 221 d.
A statement explaining why the regulation, law, 222 ordinance, policy, amendment, or land use or zoning provision is 223 a technical amendment to the Florida Building Code, and which 224 provisions of the Florida Building Code, if any, are being 225 amended by the regulation, law, ordinance, policy, amendment, or 226 land use or zoning provision. 227 3.
The petitioner shall serve the petition on the local 228 government’s general counsel or administrator by certified mail, 229 return receipt requested, and send a copy of the petition to the 230 commission, in accordance with the commission’s published 231 directions. The local government shall respond to the petition 232
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 9 of 13 CODING: Words stricken are deletions; words underlined are additions. in accordance with the form by certified mail, return receipt 233 requested, and send a copy of its response to the commission, 234 within 14 days after receipt of the petition, including 235 Saturdays, Sundays, and legal holidays. 236 4.
Upon receipt of a petition that meets the requirements 237 of this paragraph, the commission shall publish the petition, 238 including any response submitted by the local government, on the 239 Building Code Information System in a manner that allows 240 interested persons to address the issues by posting comments. 241 5. Before issuing an advisory opinion, the commission shall 242 consider the petition, the response, and any comments posted on 243 the Building Code Information System.
The commission may also 244 provide the petition, the response, and any comments posted on 245 the Building Code Information System to a technical advisory 246 committee, and may consider any recommendation provided by the 247 technical advisory committee. The commission shall issue an 248 advisory opinion stating whether the regulation, law, ordinance, 249 policy, amendment, or land use or zoning provision is a 250 technical amendment to the Florida Building Code within 30 days 251 after the filing of the petition, including Saturdays, Sundays, 252 and legal holidays.
The commission shall publish its advisory 253 opinion on the Building Code Information System and in the 254 Florida Administrative Register. The commission’s advisory 255 opinion is nonbinding and is not a declaratory statement under 256 s. 120.565. 257
(8) Notwithstanding subsection (3) or subsection (7), the 258 commission may address issues identified in this subsection by 259 amending the code under pursuant to the rule adoption procedures 260 in
chapter 120. Updates to the Florida Building Code, including 261
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 10 of 13 CODING: Words stricken are deletions; words underlined are additions. provisions contained in referenced standards and criteria which 262 relate to wind resistance or the prevention of water intrusion, 263 may not be amended under pursuant to this subsection to diminish 264 those standards; however, the commission may amend the Florida 265 Building Code to enhance such standards.
Following the approval 266 of any amendments to the Florida Building Code by the commission 267 and publication of the amendments on the commission’s website, 268 authorities having jurisdiction to enforce the Florida Building 269 Code may enforce the amendments. 270 (
a) The commission may approve amendments that are needed 271 to address: 272 1.(
a) Conflicts within the updated code; 273 2.(
b) Conflicts between the updated code and the Florida 274 Fire Prevention Code adopted under pursuant to
chapter 633; 275 3.(
c) Unintended results from the integration of previously 276 adopted amendments with the model code; 277 4.(
d) Equivalency of standards; 278 5.(
e) Changes to or inconsistencies with federal or state 279 law; or 280 6.(
f) Adoption of an updated edition of the National 281 Electrical Code if the commission finds that delay of 282 implementing the updated edition causes undue hardship to 283 stakeholders or otherwise threatens the public health, safety, 284 and welfare. 285 (
b) The commission may issue errata to the code to correct 286 demonstrated errors in provisions contained within the Florida 287 Building Code. The determination of such errors and the issuance 288 of errata to the code must be approved by a 75 percent 289 supermajority vote of the commission. For purposes of this 290
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. paragraph, “errata to the code” means a list of errors in 291 current and previous editions of the Florida Building Code. 292
Section 3. Subsection (7) of
section 553.77, Florida 293 Statutes, is amended to read: 294 553.77 Specific powers of the commission.— 295
(7) Building officials shall recognize and enforce variance 296 orders issued by the Department of Health under s. 514.0115(9) 297 pursuant to s. 514.0115(8), including any conditions attached to 298 the granting of the variance. 299
Section 4. Paragraph (
d) is added to subsection (1) of 300
section 553.79, Florida Statutes, to read: 301 553.79 Permits; applications; issuance; inspections.— 302 (1) 303 (
d) A local government may not require a contract between a 304 builder and an owner for the issuance of a building permit or as 305 a requirement for the submission of a building permit 306 application. 307
Section 5. Paragraph (
a) of subsection (8) of
section 308 553.842, Florida Statutes, is amended to read: 309 553.842 Product evaluation and approval.— 310
(8) The commission may adopt rules to approve the following 311 types of entities that produce information on which product 312 approvals are based. All of the following entities, including 313 engineers and architects, must comply with a nationally 314 recognized standard demonstrating independence or no conflict of 315 interest: 316 (
a) Evaluation entities approved under pursuant to this 317 paragraph or that meet the criteria for approval adopted by the 318 commission by rule. The commission shall specifically approve 319
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 12 of 13 CODING: Words stricken are deletions; words underlined are additions. the National Evaluation Service, the International Association 320 of Plumbing and Mechanical Officials Evaluation Service, the 321 International Code Council Evaluation Services, Underwriters 322 Laboratories, LLC, Intertek Testing Services NA, Inc., and the 323 Miami-Dade County Building Code Compliance Office Product 324 Control Division. Architects and engineers licensed in this 325 state are also approved to conduct product evaluations as 326 provided in subsection (5). 327
Section 6. Paragraph (bb) of subsection (1) of
section 328 125.01, Florida Statutes, is amended to read: 329 125.01 Powers and duties.— 330
(1) The legislative and governing body of a county shall 331 have the power to carry on county government. To the extent not 332 inconsistent with general or special law, this power includes, 333 but is not restricted to, the power to: 334 (bb) Enforce the Florida Building Code, as provided in s. 335 553.80, and adopt and enforce local technical amendments to the 336 Florida Building Code as provided in s. 553.73(4), pursuant to 337 s. 553.73(4)(
b) and (c). 338
Section 7. Subsection (1) of
section 125.56, Florida 339 Statutes, is amended to read: 340 125.56 Enforcement and amendment of the Florida Building 341 Code and the Florida Fire Prevention Code; inspection fees; 342 inspectors; etc.— 343
(1) The board of county commissioners of each of the 344 several counties of the state may enforce the Florida Building 345 Code and the Florida Fire Prevention Code, as provided in ss. 346 553.80, 633.206, and 633.208, and, at its discretion, adopt 347 local technical amendments to the Florida Building Code as 348
Florida Senate - 2021 SB 1146 9-00990-21 20211146__ Page 13 of 13 CODING: Words stricken are deletions; words underlined are additions. provided in s. 553.73(4), pursuant to s. 553.73(4)(
b) and (c) 349 and local technical amendments to the Florida Fire Prevention 350 Code as provided in, pursuant to s. 633.202, to provide for the 351 safe construction, erection, alteration, repair, securing, and 352 demolition of any building within its territory outside the 353 corporate limits of any municipality.
Upon a determination to 354 consider amending the Florida Building Code or the Florida Fire 355 Prevention Code by a majority of the members of the board of 356 county commissioners of such county, the board shall call a 357 public hearing and comply with the public notice requirements of 358 s. 125.66(2). The board shall hear all interested parties at the 359 public hearing and may then amend the building code or the fire 360 code consistent with the terms and purposes of this act.
Upon 361 adoption, an amendment to the code shall be in full force and 362 effect throughout the unincorporated area of such county until 363 otherwise notified by the Florida Building Commission under 364 pursuant to s. 553.73 or the State Fire Marshal under pursuant 365 to s. 633.202. This subsection does not Nothing herein contained 366 shall be construed to prevent the board of county commissioners 367 from repealing such amendment to the building code or the fire 368 code at any regular meeting of such board. 369