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Excerpt from Ch. 2007-227 LAWS OF FLORIDA. Section 8. Subsection (9) of section 489.113, Florida Statutes, is amended to read (effective date July 2007):
489.113 Qualifications for practice; restrictions.—
(9)(a) This part does not prevent any contractor from acting as a prime contractor where the majority of the work to be performed under the contract is within the scope of his or her license or from subcontracting to other licensed contractors that remaining work which is part of the project contracted.
(b) This part, chapter 471, chapter 481, or any other provision of law does not:
1. Prevent any licensed engineer or architect from contracting directly with a licensed contractor for the preparation of plans, specifications, or a master design manual addressing structural designs used to make an application for building permits.
2. Require a licensed engineer or architect, when preparing drawings, specifications, plans, or master design manuals for use by any licensed contractor, to prepare site-specific drawings, specifications, or plans for the design and construction of single-family and two-family dwellings; swimming pools, spas, or screened enclosures; or any other structure not exceeding 1,200 square feet or one story in height. For the purpose of issuing building permits, local building officials shall accept such drawings, specifications, or plans when submitted by any licensed contractor. Upon good cause shown, local government code enforcement agencies may accept or reject plans prepared by persons licensed under chapter 471, chapter 481, or this chapter.
As used in this section, the term “master design manual” means a restrictive design manual intended to be used to design, permit, and construct structures as described in this section. Any such manual must be prepared by a licensed engineer or architect and specifically detail the limits of its use, including, but not limited to, the structure type, size, materials, loading conditions, time limits, applicable codes, and associated criteria. The manual must also detail the required training for the contractor, engineer, or architect using the manual. All master design manuals must be peer reviewed by an independent licensed engineer or architect having no financial interest in the development of the manual or the construction of structures pursuant to the manual. The engineer or architect conducting the peer review must be identified in the manual.
(c) Notwithstanding anything in this chapter or any other provision of law, a licensed engineer or architect is not required for the preparation or use of any design guide adopted by the Florida Building Commission as part of the building code pursuant to s. 553.73.
January 26, 2008 BUILDING CODE AND LEGISLATIVE UPDATE
by Joe Belcher, AAF Code Consultant
Sun Rooms
The consultant attended meetings at the invitation of the American Architectural Manufacturers Association (AAMA) and the National Sunroom Association (NSA). Since the Commission adopted AAMA 2100, Voluntary Specifications for Sunrooms, at the request of AAF, the organizations which promulgated the standard are interested in updating the standard. The code consultant is working with the two organizations on the update. AAMA is also working on a program to certify sunrooms.
Aluminum Design in HVHZ
The code consultant and Technical Committee Chair have opened a dialogue regarding the code requirements related to aluminum structures in the HVHZ. (Miami-Dade and BrowardCounties)Discussions are ongoing with the parties responsible for the code provisions for the HVHZ. The HVHZ is considering adoption of the design pressure tables developed by AAF and adopted by the Florida Building Commission.
Florida Board of Professional Engineers
Subsequent to the enactment of Ch. 2007-227 Laws of Florida, the FBPE withdrew the rule regarding the responsibility of engineers in designing aluminum structures.
NEW PENDING LEGISLATION (January 31, 2008)
Rep. Aubuchon’s Building Code Bill – Commentary -- Issues for Discussion
BuildingCode Process:
- The Legislature passed laws to ensure a consensus-based code process; however, the Florida Building Commission continues to circumvent the statutory provisions by allowing staff to override the work of the technical advisory committees, many times ignoring the science behind the specific recommendations and disregarding the technical input from the affected industries.
- Case in point: Recently the staff ignored the unanimous decision of the Hurricane Research Advisory Committee on establishing the Coastal Code Plus criteria for Citizens Insurance, instead convincing the Commission to adopt a much more costly, more stringent standard without adequate justification. (500-year storm event rather than 250-year standard).
- Staff-driven recommendations add unnecessary code requirements which result in increased construction costs and product discrimination. To illustrate, the Coastal Code Plus criteria proposed by the Commission will eliminate the use of vinyl windows along the coastline.
International Energy Conservation Code (IECC):
- The nationally-recognized IECC has many energy-related benefits that do not exist with the extremely complex and costly Florida Energy Code.
- Benefits of the IECC include: improved energy code compliance; free calculation software that integrates with the building department software; energy code calculations that are aligned with the Federal Energy Tax Incentives; eliminates burden of retooling to produce Florida-specific products for manufacturers, suppliers and builders; provides a code cohesively developed through a broad-based consensus process by national technical experts.
FloridaBuilding Commission (FBC) Appointees
- Since establishment of the Florida Building Commission in 1998, there has been a mixed bag of industry representation on the FBC. Many stakeholder groups do not believe they have a true “voice” on the FBC as the appointment process has been extremely political.
- By allowing the stakeholders to recommend appointees, the Governor would maintain the ability to make appointments to the FBC while ensuring that the best representation for the affected industry was attained.
- Over the past few years, the swimming pool industry has had several critical issues come before the FBC relating to pool safety standards and specific code requirements. Currently, the pool industry does not have any representation on the FBC.
House Bill 697 filed by Aubuchon of Fort Myers. The language was developed by the Construction Coalition (of which the AAF is a member).
TEXT OF PROPOSED LAW: HB 697
An act relating to the Florida Building Code; amending s. 553.73, F.S.; limiting authority of the Florida Building Commission to modify certain proposals; prohibiting the commission from rejecting Technical Advisory Committee recommendations under certain circumstances; providing requirements; expanding required codes to be included in Florida Building Code updates; amending s. 553.74, F.S.; revising requirements for selecting members of the commission; expanding membership of the commission; repealing s. 553.731, F.S., relating to wind-borne-debris protection requirement; providing an effective date.
[EDITORIAL / READING NOTES: phrases below exist in the law now EXCEPT as either underlined or stricken, underlining indicates new added language, stricken phrases indicate removal of existing language]
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (d) of subsection (3) and paragraph (a) of subsection (6) of section 553.73, Florida Statutes, are amended to read:
553.73 Florida Building Code.--
(3) The commission shall select from available national or international model building codes, or other available building codes and standards currently recognized by the laws of this state, to form the foundation for the Florida Building Code. The commission may modify the selected model codes and standards as needed to accommodate the specific needs of this state. Standards or criteria referenced by the selected model codes shall be similarly incorporated by reference. If a referenced standard or criterion requires amplification or modification to be appropriate for use in this state, only the amplification or modification shall be specifically set forth in the Florida Building Code. The Florida Building Commission may approve technical amendments to the code, subject to the requirements of subsections (7) and (8), after the amendments have been subject to the following conditions:
(d) Any proposal may be modified by the commission to correct scrivener's errors. However, the commission may not reject a Technical Advisory Committee recommendation without specificity and further review by the Technical Advisory Committee and additional based on public testimony and evidence from a public hearing held in accordance with chapter 120 . The commission shall incorporate within sections of the Florida Building Code provisions which address regional and local concerns and variations. The commission shall make every effort to minimize conflicts between the Florida Building Code, the Florida Fire Prevention Code, and the Life Safety Code.
(6)(a) The commission, by rule adopted pursuant to ss. 120.536(1) and 120.54, shall update the Florida Building Code every 3 years. When updating the Florida Building Code, the commission shall select the most current version of the International Building Code, the International Fuel Gas Code, the International Mechanical Code, the International Plumbing Code, the International Energy Conservation Code, and the International Residential Code, all of which are adopted by the International Code Council, and the National Electrical Code, which is adopted by the National Fire Protection Association, to form the foundation codes of the updated Florida Building Code, if the version has been adopted by the applicable model code entity and made available to the public at least 6 months prior to its selection by the commission.
Section 2. Subsection (1) of section 553.74, Florida Statutes, is amended to read:
553.74 Florida Building Commission.--
(1) The Florida Building Commission is created and shall be located within the Department of Community Affairs for administrative purposes. Members shall be appointed by the Governor subject to confirmation by the Senate. The commission shall be composed of 24 23 members, consisting of the following:
(a) One architect registered to practice in this state and actively engaged in the profession , selected from a list of three candidates provided by the American Institute of Architects, Florida Section .
(b) One structural engineer registered to practice in this state and actively engaged in the profession , selected from a list of three candidates provided by the Florida Engineering Society .
(c) One air-conditioning or mechanical contractor certified to do business in this state and actively engaged in the profession , selected from a list of three candidates provided by the Florida Air Conditioning Contractors Association and the Florida Refrigeration and Air Conditioning Contractors Association .
(d) One electrical contractor certified to do business in this state and actively engaged in the profession , selected from a list of three candidates provided by the Florida Electrical Contractors Association .
(e) One member from fire protection engineering or technology who is actively engaged in the profession , selected from a list of three candidates provided by the Florida Chapter of the Society of Fire Protection Engineers and the Florida Fire Marshals and Inspectors Association .
(f) One general contractor certified to do business in this state and actively engaged in the profession , selected from a list of three candidates provided by the Associated Builders and Contractors of Florida and the Florida Associated General Contractors Council .
(g) One plumbing contractor licensed to do business in this state and actively engaged in the profession , selected from a list of three candidates provided by the Florida Association of Plumbing, Heating, and Cooling Contractors .
(h) One roofing or sheet metal contractor certified to do business in this state and actively engaged in the profession , selected from a list of three candidates provided by the Florida Roofing, Sheet Metal and Air Conditioning Contractors Association .
(i) One residential contractor licensed to do business in this state and actively engaged in the profession , selected from a list of three candidates provided by the Florida Home Builders Association .
(j) Three members who are municipal or district codes enforcement officials, two of whom shall be selected from a list of four candidates provided by the Building Officials Association of Florida and one of whom is also a fire official , selected from a list of three candidates provided by the Florida Fire Marshals and Inspectors Association .
(k) One member who represents the Department of Financial Services.
(l) One member who is a county codes enforcement official , selected from a list of three candidates provided by the Building Officials Association of Florida.
(m) One member of a Florida-based organization of persons with disabilities or a nationally chartered organization of persons with disabilities with chapters in this state.
(n) One member of the manufactured buildings industry who is licensed to do business in this state and is actively engaged in the industry , selected from a list of three candidates provided by the Florida Manufactured Housing Association .
(o) One mechanical or electrical engineer registered to practice in this state and actively engaged in the profession , selected from a list of three candidates provided by the Florida Engineering Society .
(p) One member who is a representative of a municipality or a charter county , selected from a list of three candidates provided by the Florida League of Cities and Florida Association of Counties .
(q) One member of the building products manufacturing industry who is authorized to do business in this state and is actively engaged in the industry , selected from a list of three candidates provided by the Florida Building Material Association, Florida Concrete and Products Association, and Fenestration Manufacturers Association .
(r) One member who is a representative of the building owners and managers industry who is actively engaged in commercial building ownership or management , selected from a list of three candidates provided by the Building Owners and Managers Association .
(s) One member who is a representative of the insurance industry , selected from a list of three candidates provided by the Florida Insurance Council .
(t) One member who is a representative of public education.
(u) One member who is a swimming pool contractor licensed to do business in this state and actively engaged in the profession, selected from a list of three candidates provided by the Florida Swimming Pool Association.
(v) (u) One member who shall be the chair. Any person serving on the commission under paragraph (c) or paragraph (h) on October 1, 2003, and who has served less than two full terms is eligible for reappointment to the commission regardless of whether he or she meets the new qualification.
Section 3. Section 553.731, Florida Statutes, is repealed.
Section 4. This act shall take effect July 1, 2008.
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