HomeMy WebLinkAboutVII(B) Discussion/ Action Re: Governor's Building Code Study Commission. Pulled From January 20, 1998 Meeting Agenda j Agenda 2-3-98
1 Item VII B
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR a L:OMMISSIONER
S.SCOTT VANDERGRIFT
Ocdee
COMMISSIONERS
CITY OF OCOEE DANNYHOWELL
. �1 SCOTT ANDERSON
�r • 150 N.LAKESHORE DRIVE
v OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS
NANCYJ.PARKER
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(4' O �v (407)656-2322
y,�� \�� CITY MANAGER
OF G 000 ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL
DATE: JANUARY 8, 1998
SUBJECT: GOVERNOR'S BUILDING CODE STUDY COMMISSION
ISSUE
Should the Honorable Mayor and Board of City Commissioners adopt a Resolution to the
Governor of Florida informing him of their concerns pertaining to the final recommendations of
the Governor's Building Code Study Commission?
BACKGROUND/DISCUSSION
The Governor's Building Code Study Commission began meetings in September 1996. The
purpose of the Commission was to evaluate the effectiveness of our State Building Code System
and recommend changes including development of a statewide building code.
The Building Official's Association of Florida of which I am an active member has followed this
process from the first meeting and has made numerous recommendations to the Commission
during the entire process. The final report which is titled "5 Foundations For a Better Built
Environment" has been submitted to the Governor. A copy of this report is attached for your
review.
Due to the complexity of this report and the effect it will have directly on various Code Groups,
users, Engineers, Architects, Contractors, Industry, Building Officials, Fire Officials, State,
County and City Agencies, there was considerable time and effort spent on arriving at the final
recommendations. The final recommendations are very controversial and there is strong
opposition to certain areas of the recommendations. Based on my review of the final report, I
would recommend the City of Ocoee support the following concepts of the report.
1) Adoption of a statewide minimum building code that is flexible and prompts innovation in
construction.
2) Leave the enforcement and administration of Building Codes to local jurisdictions.
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01 L
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Staff Report
January 8, 1998
Page 2 •
3) Leave the appeal process and final appeal decisions in the authority of local jurisdictions.
4) Permitting, plan examination and inspections of all state owned building, including schools
and prisons shall be the responsibility of local jurisdictions.
Recommendations contained in the final report that I would recommend opposition to:
1) Removal of authority for local jurisdictions to amend codes and placing authority in a state
board to determine if local code revisions meet state criteria for approval.
2) Mandatory requirements for local jurisdictions to meet programs to perform maintenance
inspections on existing buildings including residences for building, electrical, plumbing,
mechanical and fire inspections.
RECOMMENDATION
I would respectfully recommend that the Honorable Mayor and Board of City Commissioners
authorize a Resolution to be drafted and presented at the next regularly scheduled City
Commission meeting that would include the above recommendation along with other
Commission approved recommendations.
5 Foundations for a Better Built Environment
I. The Code
II._ The Board
III. Local Administration of The Code
IV. Strengthening Compliance and Enforcement
V. Product Approval
Building Codes Study Commi?sion Fifth Draft of Single Text,December 4,1997
5 Foundations for a Better Built Environment
)undation I- The Code
fhe Building Codes System is one of the major pressing affairs of the State. A strong, effective Building Code and
Code Process is essential to the overall welfare of the entire State. Accordingly, Florida should have one building
code for use statewide which governs all administrative and technical requirements applicable to Florida's public and
private built environment. That building code should be called the Florida Building Code ("The Code") and should
become effective for use statewide.
Foundation II- The Board
The Code should be initially adopted and subsequently updated on a 3 year cycle, except as required for emergencies.
Once adopted, The Code should become effective for use statewide without further, subsequent adoption by local
jurisdictions. The initial adoption and subsequent updating of The Code shall be done by an independent Board that
for administrative purposes is housed in the Department of Community Affairs, called the Florida Building Code
Board ("The Board"). The Board should include persons who are qualified by experience and training to provide
a broad or specialized expertise on matters pertaining to building design and construction, building code enforcement,
building material manufacturing, fire prevention, life safety, finance, property insurance and general business. The
Board may make both Administrative and Technical Amendments to The Code and shall appoint Technical Advisory
Committees (TAC) covering the various areas addressed in The Code.
Foundation III- Local Administration of The Code
The Code shall be administered, interpreted, and enforced by local government Building and Fire Officials. Local
government may amend certain defined portions of the Administrative Provisions of The Code on an annual basis,
co long as such amendments improve or are more stringent than The Code. With the exception of emergencies,
echnical Amendments to The Code may only be made by The Board. Decisions by Municipal and County Building
and Fire Officials may be appealed to the local Board of Appeals and may be subsequently appealable to The Board.
The Board shall have the power to render written Binding Interpretations, applied prospectively, of any provision
of The Code, at any time, including upon the written request of any substantially affected party.
Foundation IV- Strengthening Compliance and Enforcement
Without knowledgeable and consistent compliance by users and strong enforcement by government, Florida will not
have an effective overall Building Codes System. In addition to a strong code, a major cornerstone of an effective
Building Codes System is a clear delineation of each participant's role and accountability for performance in that role.
Reward and recognition balanced with strong, appropriate discipline are keys to success. There must be a formal
process to obtain credentials, and the system must hold credentialed design, construction and enforcement
professionals accountable for their performance in their respective roles. The System must require and provide
opportunity for education and training necessary for each participant to fulfill their role competently.
Foundation V- Product Approval
One of the essential criteria for an effective Building Codes System is that the system promote innovation and new
technology. A Product Evaluation and Approval Process is the cornerstone of fulfilling that criteria. Florida should
have a responsible, but streamlined, cost-effective and affordable Product Evaluation and Approval process. That
Process should have specific compliance criteria and strong steps to determine that a product or system is
appropriately tested and complies with The Code. Quality Control should be performed by independent agencies
or testing laboratories which meet stated criteria and are periodically inspected. A listing, product evaluation system
-1.nd quality assurance program must be an integral part of such a Product Evaluation Process.
Building Codes Study Commission Fifth Draft of Single Text,December 4, 1997
1 PREAMBLE
2
3 The following Foundations and Recommendations are the product of 16 months of exhaustive study,
4 hearings, panels and debates by this Commission. They represent input from all key stakeholders in Florida's
5 Building Codes System and a consensus on what is appropriate for a major overall reform of all facets of that System
6 - the Family of Codes, the strengthened Administration and Enforcement of the Codes and enhanced Compliance
7 with the Codes through Education, Training and Discipline.
s
9 The Commission believes that to be effective, a Building Codes System must not only address the issues
10 presented by too many codes and inadequate and inconsistent administration and enforcement of those codes, but
11 must also address the issues of weak and inadequate compliance with those codes resulting from a need for more
12 education, training and discipline within all categories of code users about the codes and the Codes System.
13
14 As a result of its study and deliberations, the Commission found that the current Building Codes System
15 is ineffective and that the problems with Florida's current System are caused by weaknesses in all these facets. As
16 such,the Commission's recommended reform package is appropriately a comprehensive approach, and it needs to
17 be taken as a whole. No one major piece can or should stand alone. The consensus that was built within the
18 Commission Membership and with numerous other stakeholders, was based upon a collegial process of compromise
19 and the understanding that all the major areas of reform would remain connected.
20
21 Therefore, it is the Commission's request and initial recommendation that the Governor and Legislature
22 consider these Foundations and Recommendations in light of the overall, comprehensive and connected context in
23 which they were developed and adopted.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 1
1 • Foundation I- The Code
"2 The Building Codes System is one of the major pressing affairs of the State. A strong, effective Building
3 Code and Code Process is essential to the overall welfare of the entire State. Accordingly, Florida should
4 have one building code for use statewide which governs all administrative and technical requirements
5 applicable to Florida's public and private built environment. That building code should be called the
6 Florida Building Code ("The Code") and should become effective for use statewide.
7
8 • Recommendations
9
10 I-1. In order to have a Building Codes System which effectively protects the health, safety and welfare of all
11 of Florida's citizens, Florida should adopt a single building code for use statewide called the Florida Building
12 Code ("The Code"). The Code should be a single set of documents and should apply to the design, construction,
] erection, alteration, modification, maintenance (specifically related to code compliance), and demolition of
14 Florida's public and private built environment. The Code should be organized so as to offer consistency and
15 simplicity of use. It should be applied, administered, and enforced uniformly and consistently from jurisdiction
16 to jurisdiction. It should allow flexibility that is exercised in a manner that meets minimum requirements, is
17 affordable, does not inhibit competition, and promotes innovation and new technology.
18
19 I-2. The purpose of The Code is to:
20 1. Serve as a comprehensive regulatory document to guide decisions aimed at protecting the health,
21 safety and welfare of all of Florida's citizens.
22
23 2. Provide uniform standards and requirements through the adoption by reference of applicable national
codes where appropriate and providing exceptions when necessary.
25
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997
2
1 3. Establish the standards and requirements through performance-based criteria when possible. Provide
2 both performance-based and prescriptive-based criteria when practical.
3
4 4. Permit and promote innovation and new technology.
5
6 5. Require adequate maintenance of buildings and structures, specifically related to code compliance,
7 throughout the State.
8
9 6. Eliminate restrictive, obsolete, conflicting and unnecessary construction regulations that tend to
10 increase construction costs unnecessarily or that restrict the use of innovation and new technology.
ii
12 I-3. To ensure The Code effectively and efficiently protects all of Florida's citizens and the general welfare
13 of the entire State, The Code shall address regional and local concerns and variations, such as but not limited to; ='
14 climatic conditions, soil types, termites, weather related events, risks associated with coastal development, life
15 safety issues, and code compliance maintenance programs.
16
17 I-4. The Recommendations set forth in this Report significantly reform Florida's Building Codes System at
18 its very foundation--that is, the way in which Florida's Building Code is adopted, updated, administered and
19 enforced, and the way in which those who must comply with and enforce the system are educated, trained,
20 licensed and disciplined.
21
22 The adoption and implementation of a Statewide Code and Code Process which meets the criteria set
23 forth in these Recommendations will make a major contribution to the recovery of Florida's property insurance
24 market by improving protection against hurricane perils through more uniform and consistent administration and
25 enforcement of The Code, encouraging former and new insurance underwriters to come into Florida, increase
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 3
1 rate competitiveness and requiring improved and increased education and training for all those involved in the
Building Codes System.
3
4 There already exists in the Insurance Industry an insurance rate reduction program tied to the results of
5 evaluation of the effectiveness of an individual building department's performance (the Insurance Services Office
6 (ISO) Building-Code Effectiveness Grading Schedule). This program provides insurance rate reduction for
7 buildings constructed after the community's building department has been evaluated by the ISO. It does not
8 address existing construction unless the building has been independently evaluated by a licensed design
9 professional. The Commission embraces such a program that recognizes the range of those individual
10 performances.
11
12 Since Hurricane Andrew struck Florida in 1992, the Legislature has funded the following innovative
1' mitigation programs that are designed to improve preparedness and reduce potential losses when another
14 catastrophic event occurs: the Residential Construction Mitigation Program, Florida DOI training centers, Local
15 Mitigation Strategy, the Building Codes Triage Team, the Emergency Management Preparedness and Assistance
16 Trust Fund, the Flood Mitigation Assistance Program, the Showcase Community Program and the Hazard
17 Mitigation Grant Program.
18
19 Since several of these programs have taken effect within the last 12 months, their positive impact on
20 Florida's building and insurance industries has not been fully realized. In addition to these programs, there have
21 been significant improvements at the state and local levels regarding the enforcement of building codes and the
22 training and professionalization of personnel who work in this field. Finally, through the establishment of the
23 ISO's Building-Code Effectiveness Grading Schedule, a strong link has been established between an effective
Building Codes System and insurance rates.
25
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 4
•
1 The implementation of the Recommendations contained in this Report constitute another major
2 improvement to the policies that provide for the safety and insurability of Florida's Built Environment. In fact —
3 the systemic changes proposed herein will compliment, consolidate and, in may respects, complete this era of
4 reform. The outcome of these major reforms must be significant, particularly as they apply to the availability and
5 affordability of homeowners' insurance in Florida.
6
7 The Commission recognizes that a Statewide Building Code which is stringent, appropriate and effectively
8 enforced will reduce the severity of losses from hurricanes, although any significant impact may take some time
9 as the current stock of older homes is replaced with better built, new homes. Therefore, this Commission
10 strongly recommends that the Department of Insurance pursue additional premium credits, rate reductions and
11 coverage enhancements for all of Florida citizens.
•
•
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 5
' 1 • Foundation TI- The Board
2 - The Code should be initially adopted and subsequently updated on a 3 year cycle, except as required for
3 emergencies. Once adopted, The Code should become effective for use statewide without further,
4 subsequent adoption by local jurisdictions. The initial adoption and subsequent updating of The Code
5 shall be done by an independent Board that for administrative purposes is housed in the Department of
6 Community Affairs, called the Florida Building Code Board ("The Board"). The Board should include
7 persons who,are qualified by experience and training to provide a broad or specialized expertise on
8 matters pertaining to building design and construction, building code enforcement, building material
9 manufacturing,fire prevention,life safety, finance, property insurance and general business. The Board
10 may make both Administrative and Technical Amendments to The Code and shall appoint Technical
11 Advisory Committees (TAC) covering the various areas addressed in The Code.
12
I� • Recommendations
14
15 II-1. The Code should be initially adopted and subsequently updated on a 3 year cycle, except as required for
16. emergencies, through rulemaking by an independent Board that for administrative purposes is housed in the
17 Department of Community Affairs. The Board should be called the Florida Building Code Board ("The Board").
18 Once adopted or updated by The Board, The Code should be deemed adopted for use statewide upon the
19 effective date specified by The Board, without subsequent adoption by local jurisdictions.
20
21 11-2. The Board should be established by July 1, 1998 and should consist of 9 members, appointed by the
22 . Governor and confirmed by the Florida Senate for staggered four year terms. The Board should adopt The Code
23 no later than January 1, 2001. In appointing members to The Board, the Governor shall consider persons who
are qualified by experience or training, in the public or private sector, to provide a broad or specialized expertise
25 on matters pertaining to building design and construction, building code enforcement, building material
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 6
1 manufacturing, fire prevention, life safety, finance, property insurance and general business. In selecting from
2 these categories, the Governor shall consider local building and fire officials, local elected officials, the disables'
3 and the general public.
4
5 II-3. The Board shall appoint one or more Technical Advisory Committees (TAC) covering the major areas
6 addressed in The Code, including but not limited to mechanical, electrical, plumbing, structural, manufactured
7 buildings, energy conservation, historic buildings, fire, life safety and accessibility. The purpose of the various
8 TAC is to provide technical expertise and input to The Board on all matters in its jurisdiction, including review
9 and evaluation of proposed Amendments. Members of the various TAC shall be persons who are qualified by
10 experience or training, in the public or private sector, to provide a broad and specialized expertise on relevant
11 matters pertaining to the major areas addressed by The Code. In establishing the TAC that will deal with Fire
12 Prevention Code and Life Safety Code issues, The Board shall strongly consider appointing the Florida Fire
13 Safety Board as it is set forth in Section 633.511 of the Florida Statutes.
14
15 II-4. The Code should contain or reference all laws, rules and regulations which pertain to and govern the
16 design, construction, code enforcement, erection, alteration, modification, maintenance (specifically related to
17 code compliance) and demolition of Florida's public and private built environment. The Board should establish
18 the need for exemptions and when establishing such exemptions should review those exemptions already
19 contained in Section 553.73(7) of the Florida Statutes and should consider, but not limit itself to, the following:
�0 • Any buildings or structures specifically regulated and preempted by the Federal Government;
21 • Railroads and ancillary facilities associated with the railroad (buildings associated with the ancillary facilities
22 and infrastructure are not exempt);
23 • Construction, modification or installation of infrastructure elements owned and operated by public or
24 private utilities, water management districts or special purpose districts (buildings associated with the
25 ancillary facilities and infrastructure are not exempt);
Building Codes Study Commission Fifth Draft of Single Text,.December 4,1997 7
1 • Zoning requirements, land use requirements, or owner specifications or programmatic requirements which
are outside of or:beyond the scope of The Code.
3
4 II-5. In order to achieve the proper balance between a code which is simple to use and which promotes
5 innovation and new technology, The Code should be organized around a framework that clearly states the
6 objective or intent of each requirement and should include, when feasible, both performance-based standards or
7 criteria(which use requirements stated in a manner that recognizes new innovations and flexibility of design) and
8 prescriptive standards or criteria(which allow for the use of specific.construction means and methods).
9
10 II-6. ' The Code should contain provisions or requirements relative to building, structural, mechanical, electrical,
11 plumbing, energy, radon, gas, maintenance, fire prevention, life safety, accessibility, manufactured building,
12 elevators, termite infestation, unsafe buildings, coastal construction, historical buildings, amusement rides, health
i? care facilities, educational facilities, swimming pools, correctional facilities and any other code-related subject
14 which The Board deems appropriate. '
15
16 In determining the contents of The Code, The Board should not develop its own new codes and
17 standards. Instead, in establishing The Code, The Board should select from the National or International Family
18 of model codes, or other codes and standards currently recognized by the laws of Florida.
19
20 11-7. As part of the initial adoption process, The Board should modify the selected codes and standards if
21 ' needed to accommodate specific needs of the State of Florida which The Board determines are not adequately
22 contained therein and to ensure consistency among them. In developing The Code, The Board should ensure that
23 The Code remains in compliance with Federal laws and regulations that set building requirements, such as code
provisions adopted by the Department of Justice that implement the Americans with Disabilities Act, Federal
25 Emergency Management Agency regulations that relate to construction within flood prone areas, and Federal
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 8
1 laws and rules related to Energy Conservation. When updating The Code, The Board should consider, among
2 other things, changes made by the promulgating entity of the selected code, its own Binding or Advisor
3 Interpretations, appellate decisions and previously approved, locally applied amendments.
4
5 II-8. Upon selecting the model code and framework to be used, in accordance with the procedures set forth
6 in Recommendation II-13, The Board should review provisions of existing statutes and should make
7 recommendations to the Legislature for the 1999 regular Legislative Session regarding statutes that should be
8 revised or rescinded in order to accommodate The Code. The portion of such existing laws and codes relating
9 to the process should sunset upon the effective date of the Florida Building Code. Any legislation providing for
10 the revision, repeal or sunset of existing laws and codes related to technical requirements applicable to building
11 structures also should expressly state that such legislation is not intended to imply any repeal or sunset of existing
12 general or special laws that are not specifically identified in the legislation. The Board should have the
13 responsibility for examining legislative provisions and making recommendations to fulfill its responsibility tc.-
14 develop a consistent, single code. This task should involve broad participation by and coordination with state
15 and local governments, industry and other affected stakeholders.
16
17 II-9. It is recognized that there will be a large and broad list of standards referenced in the model code
18 selected by The Board. As such, those standards or criteria shall be referenced in The Code. If a standard or
19 criteria needs amplification or modification to make it appropriate for use in Florida, only the amplification or
20 modification shall be specifically printed in The Code.
21
22 II-10. To ensure that the effectiveness of Florida's Building Codes System does not cease upon construction
23 completion of a new facility or the modification of an existing facility, The Code shall include maintenance
24 provisions, specifically related to code compliance. Programs to enforce such maintenance provisions shall be
25 enforced at the local level and an appropriate inspection fee schedule should be established by local government.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 9
1 These programs should address how and when commercial, institutional and multifamily residential structures
2 should be inspected through a regular, periodic program. This program shall incorporate the Building Code, the
3 Property Maintenance Code (for code-related items), the Life Safety Code and the Fire Prevention Code
4 enforcement criteria. The local code official shall set the periodic event (e.g., upon complaint, change of
5 occupancy, age of building, regular cycle, etc.) upon which such inspections would be made. The inspections
6 shall cover all structures and premises, except single-family dwellings and the interior of dwelling units in two-
7 family or multiple-family dwellings, for the purposes of ascertaining and causing to be corrected any conditions
3 which may affect the structural stability of the building, cause fire, contribute to the spread of fire, interfere with
9 fire-fighting operations, endanger life or violates any provisions or intent of applicable codes.
10
11 II-11. The Code in its entirety should be contained in and promulgated and updated by rule, including the
12 technical portions of the Florida specific accessibility requirements and including the entire Fire Prevention and
1? Life Safety Codes. The Civil Rights portions of Florida's Accessibility Code and the powers, duties and
14 responsibilities of the Building and Fire Officials should remain as currently contained in the Florida Statutes.
15 The Code and subsequent amendments thereto shall not weaken the Life Safety requirements as provided in The
16 Fire Prevention Code, the Life Safety Code and any existing Florida Statutes.
17
18 II-12. To have an effective Building Codes System, there must be baseline plan review, permitting, and
19 inspection requirements stated.within The Code. Those requirements must result in clear and adequate
20 construction documents which comply with The Code, effective application of those documents by contractors,
21 and uniform and effective enforcement of those documents and The Code by the various levels of building and
22 fire officials in the local jurisdictions. Likewise, there should be standards of conduct regarding code compliance
23 and enforcement related to design professionals, the construction industry and the various levels of building and
7 ' fire officials in the local jurisdiction. To that end, The Board shall include all Administrative Provisions in The
2� Code, with a specific emphasis on streamlining and making more uniform the permitting and inspection
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 10
1 requirements, standards for plan review and emergency procedures to effectuate the responses of the industry
2 and local building and fire departments in the wake of disaster. These requirements should take into account thr
3 type and complexity of construction. Local jurisdictions may amend the Administrative Provisions of The Code
4 on a limited basis as provided in Recommendation III-1 herein. The Board shall update the Administrative
5 Provisions of The Code as part of its triennial update cycle. Upon adoption, such Amendments shall apply
6 statewide.
7
8 II-13. The initial selection, development and adoption of The Code and the subsequent updating of The Code
9 should be an open and fully participatory process which must include all stakeholders in the Building Codes
10 System and other interested parties. In order to ensure such a process, The Board should go beyond the
11 . rulemaking requirements set forth in Chapter 120 of the Florida Statutes for noticing of workshops and hearings,
12 number of workshops and hearings, and location of workshops and hearings. To obtain broad general public,
13 State and local government, and industry stakeholders input, The Board should hold a minimum of 6 public:
14 workshops and hearings around the state when initially selecting The Code, and when updating The Code every
15 3 years. When updating The Code, The Board shall apply, but not be bound by, the criteria set forth in
16 Recommendation 11-14a.-f., below.
17
18 11-14. The Technical provisions of The Code can only be amended by The Board after review and
19 recommendations by the TAC. The TAC will review the proposed amendment and perform due diligence with
20 respect to the merit of the proposed amendment and must consider and specifically determine that the amendment
21 meets the following criteria:
22
23 a. The amendment shall have a reasonable and substantial connection with the health, safety and welfare of
24 the general public;
25 b. The amendment will strengthen or improve The Code, or in the case of innovation or new technology,
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 11
1 will provide equivalent or better products;methods or systems;
2 c. The_amendment addresses specific, local conditions that justify the more stringent or improved code
provisions necessary to protect life and property;
4 d. The amendment does not discriminate against material, products, methods or systems of demonstrated
5 capabilities;
6 e. The amendment does not degrade the effectiveness of The Code or Code System; and
7 f. The proposed amendment includes a fiscal impact statement which documents the cost and benefits of
8 the proposed amendment.
9. .
10 . . • While the overall net benefit to'the health, safety and welfare of the public is the primary factor when
11 considering amendments to The Code, The Board must also specifically consider information on the potential
12 cost and benefits of the proposed amendment and shall establish criteria for the fiscal impact statement. Included
13 . , . in that criteria should be the impact to local government relative to enforcement, the impact to property and
building owners, as well as to industry relative to the cost of compliance. If the information is not relevant or
15 is unobtainable, a statement to that effect should be provided. Failure, however, to include this information may
16 be cause for rejection of the proposed amendment.
17
18 The TAC may recommend to The Board that the proposed amendment has merit for local application,
19. statewide application, or that it has no merit. Recommendations of the TAC must be by a majority of the TAC.
20 The Board may acceptor reject any of the TAC's recommendations. V
21 -
22 The Board should establish the milestone events and dates of its recurring 3 year amendment cycle.
23 Except as provided herein, Technical Amendments may be proposed at anytime up to the cut-off date established
24 by The Board, and all Technical Amendments approved by The Board will become effective in conjunction with
the issuance of the next version of The Code, as amended, at the conclusion of its 3 year cycle.
26 • .
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 12
1 In addition to The Boards' emergency powers set forth in Recommendation 11-17, during the initial 3 year
2 period of The Code, The Board may approve Technical Amendments once a year, for statewide application,
3 based upon a supermajority vote that delaying the application of the amendment would be contrary to the health, :
4 safety and welfare of the public or the amendment provides an economic advantage to the consumer. All interim
5 amendments considered by The Board shall be approved utilizing the process set forth above. The updating of
6 The Code, however, is not subject to this review process. The Code is, instead, updated through the rulemaking
7 and public workshop process set forth in Recommendation 11-13, above.
8
9 Local Technical Amendments to The Code should be published by The Board on a statewide basis,
10 including publication in the Florida Administrative Weekly. The Board should maintain copies of all proposed
11 (during the cycle) and adopted(after the cycle)Technical Amendments in a format which is usable and obtainable
12 by the public, including through electronic means.
13
14 II-15. The Board should maintain a list of interested parties and provide those individuals with notices of.- •
15 rulemaking and of workshops and hearings. The Board should disseminate information on code adoption, updates
16 and amendments to all interested parties and stakeholders, making maximum use of electronic means such as
17 the Internet and WEB pages.
18
19 II-16. All of The Board's actions are subject to the processes as set forth in Section 120.57 of the Florida
20 Statutes, except that the Administrative Law Judge's order shall be final agency action.
21
22 II-17. If The Board finds that an immediate danger to the public health, safety, or welfare requires
23 emergency action, The Board may adopt any rule necessitated by the immediate danger in accordance with
24 section 120.54(9), Florida Statutes.
25
26 The Board shall provided technical assistance to local building and fire-departments in order to
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 13
1 promote maximum compliance with theISO's Building-Code Effectiveness Grading Schedule. Florida is
2 scheduled to be re-evaluated by the ISO in the year 2000.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 14
1 • Foundation III-Local Administration of The Code.
2 The Code shall be administered, interpreted, and enforced by local government Building and Fire
3 Officials.Local government may amend certain defined portions of the Administrative Provisions of The
4 Code on an annual basis, so long as such amendments improve or are more stringent than The Code.
5 With the exception of emergencies,Technical Amendments to The Code may only be made by The Board.
6 Decisions by Municipal and County.Building and Fire Officials may be appealed to the local Board of
7 Appeals and may be subsequently appealable to The Board. The Board shall have the power to render
8 written Binding Interpretations, applied prospectively, of any provision of The Code, at any time,
9 including upon the written request of any substantially affected party.
10
11 • Recommendations
12 III-1. A Statewide Building Code should not dictate the business practices of local building or fire departments,
13 except as such practices are essential to producing a sound, effective Building Codes System which is vital to
I4 the overall welfare of the entire State. Subject to and consistent with the Recommendations in this Report, local
15 government should establish the business practices of its building and fire departments, including the setting of
16 permit fees. At the same time, however, to have an effective Building Codes System, there must be baseline plan
17 review, permitting, and inspection requirements stated within The Code that result in only clear and adequate
18 construction documents which comply with The Code being permitted, effective application of those documents
19 by contractors and owner/builders, and uniform and effective enforcement of those documents and The Code by
20 the various levels of building and fire officials in the local jurisdiction. Likewise, there should be standards of
21 conduct regarding code compliance and enforcement related to design professionals, residential designers, the
22 construction industry and the various levels of building and fire officials in the local jurisdiction.
?3
24 To that end, all Administrative Provisions of The Code, including local amendments thereto, should
?5 emphasize streamlining and making more uniform the permitting and inspection requirements, standards for plan
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 15
1 review, and emergency procedures to effectuate the responses of the industry and local building and fire
2 departments in the wake of disaster. Therefore, local amendments to the Administrative Provisions of The Code
3 should be limited to the following:
4 - number and type of inspection requirements above the minimum established in the code;
5 - number and additional qualifications of the various levels of building and fire officials in the local
6 jurisdiction above the minimums established in The Code;
7 - the form for a building permit application above the minimum established in The Code;
8 - submittal requirements for plan review;
9 - permit fee schedule;
10 - reinspection fee schedule;
11 - abandonment;
12 - time extensions;
13 - " commencement of work; and
14 - build-out period.
15 Allowable Administrative Amendments may be adopted once per year by any jurisdiction.
16
17 III-2. All locally adopted Administrative Amendments shall be transmitted in their entirety to The Board and
18 shall become effective upon transmission or the effective date contained in the amendment, whichever is later.
19 The Board shall include in the initial adoption of The Code a clear definition of what constitutes"Administrative"
20 relative to The Code and shall designate what areas within the Administrative Provisions of The Code may be
21 amended locally. The Commission believes the Administrative Provisions of The Code should be defined as those
22 subject areas that do not physically effect the design or construction of a building, structure or service system.
23 The issue of whether an amendment is in fact"Administrative" is first appealable by a substantially affected party
2� to a local Board of Appeals (if one exists) and then to The Board.
25
Building Codes Study Commission Fifth Draft of Single Teit,December 4,1997 16
•
1 III-3. All locally adopted Administrative Amendments shall be published by title in a newspaper of general
2 circulation in and by the jurisdiction where the amendment was adopted. That publication should include-7,
3 information on the availability of the full text of the Amendment. The Board shall maintain copies of, and publish,
4. all adopted Administrative Amendments as part of The Code in a format which is usable and obtainable by the
5 public, including through electronic means. The adopting jurisdiction shall make readily available, in a single
6 document, all active locally adopted Administrative Amendments.
7
8 III-4. It is the responsibility of the various levels of the building and fire code officials in the local jurisdiction
9 to enforce The Code on all public and private development which is subject to The Code. Owners of all projects
10 requiring a building permit, including state agencies and local school boards, should be required to pay a fee
11 established by the local authority in order to cover the cost of administering the permitted activities of the
12 owner's project. Such fees should be established by the local governing body and should be used solely to
13 support the local building and fire departments in carrying out code enforcement responsibilities. Municipalitiesr_
14 and counties should strongly consider interlocal agreements with one another or contracts with private entities
15 for purposes of performing their enforcement functions. The Board should establish criteria which shall be met
16 by private entities which contract to perform such functions. In establishing that criteria, The Board shall address
17 such things as equivalency of service, conflict of interest, liability, insurance and long-term accountability. State
18 or regional agencies with special expertise on building code related responsibilities should provide support to the
19 local governments, as requested. Nothing in The Code should diminish the role or authority of the owner to
20 ensure that its specific non-code requirements are met. This Recommendation is not intended to preempt the
21 State Fire Marshal or the Division of Risk Management from conducting inspections deemed necessary for safety
22 and insurance purposes.
23
24 III-5. The fundamental purpose of the Plan Review Process is to ensure that the submitted plans are in
25 compliance with The Code. That purpose will be successfully achieved by ensuring that requirements are
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 17
I established and met by all individuals involved in the Plan Review Process, specifically the Design Professional,
2 Residential -Designer and the Plans Reviewer. The primary responsibility of the Design Professional or
3 Residential Designer in the Plans Review Process is to ensure that the documents submitted are in compliance
4 with The Code. The Plans Reviewer's primary responsibility is to conduct a review of submitted documents to
5 help ensure they are in compliance with The Code. In order to promote an effective, efficient and uniform plan
6 review process and to effectuate that purpose, The Board should develop requirements and guidelines for the
7 local plan review process, to be incorporated in The Code, including:
8
9 • Requirements -
10 -Minimum qualifications and experience for plan review personnel;
11 -Minimum plan content and submittal requirements (in the form of a checklist);
12 Baseline permitting documents such as, permit applications, checklists, etc. to which local government can
13 add, but not detract;
14 - Procedures for handling technically incomplete or inaccurate plan submittals, including informing the
15 applicable authority when technically incomplete or inaccurate plans are consistently submitted; and
16 -Uniform standards for evaluating licensed design professionals' and residential designers' performance with
17 regard to permitting documents they submit.
18
19 • Guidelines
20 -Provisions for coordination among and between local offices with review responsibilities (like building and
21 fire officials with respect to building code, life safety code and fire prevention code and State or regional
22 agencies with special expertise on building and fire and life safety code related responsibilities);
23 -Provisions for optional preliminary plan review;
2^ -Provisions for timely reviews based on construction project complexity; and
25 -Provisions for out-sourcing of plan reviews.
Building Codes Study Commission 'Fifth Draft of Single Text,December 4,1997 18
1
2 III-6. The fundamental purpose of the Inspection Process is to assure that the building or structure is being.
3 constructed in substantial compliance with the permitted documents and codes. In order to promote an effective,
4 efficient and uniform inspection process and effectuate that purpose, The Board should'develop requirements
5 and guidelines for the inspection process to be followed by the contractor, residential designer, licensed design
6 professional and the various levels of building officials in the local jurisdiction, and to the extent not duplicated
7 by requirements and guidelines established by the State Fire Marshal, to be followed by the Fire Official in the
8 local jurisdiction and to be incorporated in The Code, as follows:
9 • Requirements:
10 - mandatory minimum number and types of inspection;
11 - mandatory issuance of certificates of occupancy/completion;
12 - documentation for noticing of failed inspections as to non-compliance to code sections;
13 - provisions for availability of permitted plans and documents on the job-site;
14 - procedures for notification of code violation to the contractor or a responsible agent of the contractor;
15 and
16 - signature of contractor or design professional (when one is required), or their designee, on permit
17 inspection forms at the job-site at major milestone inspection points, prior to local government inspection,
18 verifying that work has been done as required by The Code.
19
20 • Guidelines:
21 - rotation of inspectors work area assignment (where there is more than one inspector in a jurisdiction) in
72 order to, among other things, provide ample opportunity for experienced, cross-trained personnel to be
73 available to assist other local governments as appropriate, but especially in the event of a disaster, and
24 to minimize the potential for conflicts of interest;
25 - reasonable time frames between receipt of requests for an inspection and the conduct of the inspection;
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 19
1 - access to work being inspected;
2 - provisions for out-sourcing of inspection services;
3 - equating the number of inspections to which an inspector is assigned to the complexity and time
4 allocation given to the inspector;
5 - pre-inspection checklists to be used by the residential designer or licensed design professional and
6 contractor;
7 - level of contractor supervision needed to achieve adequate code compliance of the construction in
8 preparation for an inspection; and
9 - components of the contractor quality assurance/control plans as referenced in Recommendation IV-9,
10 including use of private inspectors and suggested frequency for maintenance of property inspections.
11
12 III-7. In effectuating sound, uniform and streamlined plan review and inspection processes, local government
1' should consider contracting with private individuals or entities who hold a current license under Part XIII of
14 Chapter 468 of the Florida Statutes, for some or all of the plan review and inspection functions. The Board
15 should develop guidelines and qualifications for local government to utilize when pursuing partial or full
16 privatization of building department functions including requirements for competency, liability, insurance and to
17 prevent conflicts of interest.
18
19 III-8. The Board should develop a "Mutual Aid Program" which is organized through the Department of
20 Community Affairs. Since Florida would have a single Statewide Code, the primary purpose of such a Program
21 would be to provide an efficient supply of various levels of building and fire officials, design professionals, and
22 various levels of construction industry individuals, taken from around the State, to be dispatched to assist in the
23 rebuilding effort in an area which has been hit with disaster.
25 The Program should include:
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 20
1 1. Provisions for minimum post-disaster structural inspections and procedures (Unsafe occupancy);
2 2. Provisions for emergency permitting and inspection procedures; and
3 3. Provisions for establishing contact with emergency management personnel and other state and federal
4 agencies.
5
6 III-9. Field Interpretations of The Code shall be rendered by the local jurisdiction's Building Official or designee
7 except on issues relating to the Life Safety Code and Fire Prevention Code, in which case Field Interpretations
8 shall be rendered by the local Fire Official or designee and whenever feasible, communicated to the Building
9 Official. It is essential to the overall effectiveness of a Building Codes System that a close, regular
10 communication and cooperation occur between the building and fire officials. Local jurisdictions should take
11 all steps practical to physically co-locate these officials and to organize to limit overlapping responsibilities. Even
12 in the best of circumstances, there may be conflicting interpretations by Building and Fire Officials. Conflicting
13 interpretations should be resolved by agreement between Building and Fire Officials in favor of the requirement
14 which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life
15 safety and an equivalent method of construction.
16
17 III-10. Appeals from the Field Interpretations shall be heard and determined by the Building Official on matters
18 relating to The Code, except relative to issues of the Life Safety Code or Fire Prevention Code, in which case,
19 such appeals shall be heard and determined by the Fire Official. Further interpretation of the Building
70 Official/Code Administrator and the Fire Official shall be appealable to a local Board of Appeal, if one exists. The
21 decisions of either the local Boards of Appeal (if one exists) or the Building Official or Fire Official shall be
22 subsequently appealable to The Board. However, decisions of a Building Official which, based on The Code,
'3 declare structures to be unsafe and subject to repair or demolition shall not be appealable to The Board if the
:4 local governing body finds there is an immediate danger to the health and safety of its citizens. All appeals shall
,5 be heard in the county of the jurisdiction defending the appeal. Actions of The Board are subject to the appellate
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 21
' 1 process as set forth in Section 120.57 of the Florida Statutes, except that the Administrative Law Judge's order
2 shall be final agency action.
3
4
5 III-11. The Board shall be authorized to issue written Binding Interpretations, which shall only apply
6 prospectively, of any provision of The Code at anytime, including those currently under dispute, and shall render
7 such Binding Interpretations upon the written request of any interested party, including local government. The
8 Binding Interpretations of The Board are subject to the processes as set forth in Section 120.57 of the Florida
9 Statutes, except that the Administrative Law Judge's order shall be final agency action.
10
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 22
1 • Foundation TV- Strengthening Compliance and Enforcement
2 Without knowledgeable and consistent compliance by users and strongenforcement
by government
3 Florida will not have an effective overall Building Codes System. In addition to a strong code, a major
4 cornerstone of an effective Building Codes System is a clear delineation of each participant's role and
5 accountability for performance in that role. Reward and recognition balanced with strong, appropriate
6 discipline are keys to success. There must be a formal process to obtain credentials, and the system must
7 hold credentialed design, construction and enforcement professionals accountable for their performance
8 in their respective roles. The System must require and provide opportunity for education and training
9 necessary for each participant to fulfill their role competently.
10
11 • Recommendations -Roles:
12
13 IV-1. At a minimum, The Board shall develop and publish a document which contains detailed descriptions oIi
14 the roles and responsibilities of the Owner, Licensed Design Professional, Residential Designer, Contractor, and
15 Local Building and Fire Code Officials. That document may also contain descriptions for other participants
16 involved in the Building Codes System. In developing these descriptions, The Board should consider the
17 following:
18
19 a) Owners are responsible for the general requirements of their project and hiring qualified design
20 professionals, residential designers and other consultants, and contractors. It is the Owner that the public
21 ultimately looks to for final compliance with The Code, so the Owner shares in the responsibility for
22 compliance.
23
24 b) The Code process recognizes that not every'project requires a Licensed Design Professional. However,
25 for those projects and permit applications where a Licensed Design Professional is required, the Licensed
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 23
1 Design Professional is responsible for producing and filing quality, clear, and accurate documents which are
in compliance with The Code.
3
4 For those projects where multiple Licensed Design Professionals are required by contract or law, a
5 Principal Design Professional should be identified and that name submitted to the Building Official as part of the
6 permit application submitted. The Principal Design Professional is responsible for coordination of each and every
7 aspect of the design package, including acting as a point of contact for the rest of the licensed design
8 professionals involved and the project team during the design, review, and construction phases of the project and
9 for verifying that the work is complete, consistent, competent, and complies with the approved plans. The
10 Principal Design Professional should be a Florida licensed architect, engineer, or landscape architect and should
11 have contractual responsibility and authority for coordination of all required design disciplines. In addition, the
12 Principal Design Professional must have the appropriate registration, experience and competence to serve in their
l' capacity based on specific project requirements.
14
15 c) In Florida, a major percentage of single-family residential housing which is at risk of weather-related
16 damage is designed by non-licensed residential designers. Design and construction documents from such
17 Residential Designs for single-family homes must meet The Code. However, it is the Contractor or Owner
18 who is ultimately responsible for that design because it is the Contractor or Owner who obtains the building
19 permit and secures required inspections and the certificate of occupancy. Current Florida law for Design
20 Professionals, therefore exempts a major portion of the single-family design industry from licensure and
21 regulation, resulting in thousands of structures being constructed each year without any participation by a
22 licensed design professional. All Residential Designers should be required to hold an occupational license
23 and should, at a minimum, complete a core module of education, such as the one that would be offered by
2 the Codes Training Program(set forth in Recommendation IV-10, herein), with a focus on residential codes
25 as a requirement to obtain and retain an Occupational License.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 24
1 d) Contractors are responsible for quality control and compliance with The Code relative to their activities
2 in the construction process. In fulfilling that obligation, the Contractor should be responsible for:
3 1) obtaining building permits and arranging for inspections of the work as required by governmental
4 agencies;
5 2) constructing the work and in accordance with code requirements;
6 3) utilizing code-compliant construction documents;
7 4) developing a strong quality control program to ensure the quality of the work by performing or
8 supervising any or all parts of the project; and
9 5) directing all job-site safety programs, means and methods of construction and the orderly
10 coordination of subcontractors and suppliers.
11
12 e) Local Government Building and Fire Code Officials, as defined by current law, are responsible for
13 compliance and enforcement of The Code. In doing so, they are responsible for assuring that the project
14 in compliance with The Code through plan review; the issuance of construction permits and certificates of
15 occupancy; and through the periodic inspection of the project. These functions help ensure that the project
16 is in compliance with The Code. In fulfilling these obligations, the Local Building and Fire Code Officials
17 must:
18 (1) render interpretations of The Code;
19 (2) advise the appropriate State Board of suspected improper or illegal conduct of a Contractor, licensed
20 design professional or of a non-licensed designer or contractor performing services;
21 (3) require correction of errors in the document and the on-site construction;
22 (4) order discontinuance of the use of any building or structure, whether public or private, which is being
23 used contrary to the provisions of The Code or which is structurally unsafe or otherwise dangerous
74 to human life; and
25 (5) authorize the connections of buildings, structures, or service systems to utilities.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 25
1
2 - • Recommendations -Board Structure •
3
4 IV-2. Buildings regulated by a Building Codes System are constructed as a complete facility requiring the close
5 cooperation and communication between all elements of the construction industry. Consistency and uniformity
6 in the licensing and discipline of that industry is a key component of an effective Building Codes System.
7 Therefore, the licensure, discipline and enforcement programs for Florida' s construction industry shall be
8 organized under a newly created, single board called the Construction Industry Licensing Board, which for
9 administrative purposes shall be housed at the Department of Business and Professional Regulation. The
10 Construction Industry Licensing Board shall be responsible for the licensing and discipline of the following:
11
12 General Contractors, Building Contractors, Underground Utility Contractors, Residential
l" Contractors, Roofing Contractors, Pool. Contractors, Specialty Structures Contractors,
14 Manufactured Home Installers, Plumbing Contractors, HVAC Contractors, Mechanical/Sheet
15 Metal Contractors, and Electrical Contractors.
16
17 The current Electrical Contractor's Licensing Board and the current Construction Industry Licensing
•
18 Board should be restructured as appropriate to create this new Board.
19
20 • Recommendations -Licensing
21 ..
22 'IV-3. With respect to those categories of licenses currently licensed under Chapter 489, of the Florida Statutes,
23 Florida should have a single-tier licensing scheme. Those Contractors currently licensed under Chapter 489, F.S.
should be licensed only by the State with meaningful discipline and enforcement powers granted to local
25 governments, including enforcement of the Statewide Records of Performance System pursuant to
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 26
•
1 Recommendation IV-8, fining a licensee, and suspending within the respective local jurisdiction a license for code
2 violations and other violations established by the Florida Statutes. All other disciplinary powers with respect to
3 those Contractors licensed under Chapter 489 of the Florida Statutes should remain at the state level.
4
5 Existing registered contractors shall remain as registered contractors and may renew licenses for the
6 purposes of practicing only within the jurisdiction in which they previously held licenses. Effective no later than
7 one year after single-tier licensing becomes law, all local governments shall cease issuing new licenses. Local
8 licensees who are in-active shall be eligible to initially register with the state boards on an in-active basis.
9
10 Because of the implementation of a Statewide Code and more streamlined and uniform administration
11 and enforcement of The Code, the need for specialty licenses by local government would seem to be minimized.
12 However, local government should have limited authority to establish categories of specialty licenses, if
13 considered essential to protect the general public or provide the consumer with a reasonable competitive
14 opportunity, and if such specialty licenses do not interfere with the ability of a Contractor who holds a license
15 under Chapter 489, F.S. to pull a permit or otherwise do business as a Contractor in the local jurisdiction. In.
16 addition, local government shall not require a Contractor licensed under Chapter 489, F.S. to use specialty
17 contractors, so long as the contractor himself is qualified to do or oversee the work.
18
19 IV-4. In general, the current requirements of Florida law regarding the education, experience, examination,
20 licensure, practice standards, continuing education and discipline of Licensed Professional Engineers, Architects,
21 Interior Designers, and Landscape Architects shall remain as in current law, with the exception of the following
22 changes:
?3
14 - Licensed Engineering Professionals who sign and seal plans and specifications shall identify their specific
'•5 professional engineering discipline or area of expertise below their signature for the type of engineering
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 27
▪ 1 they are responsible for on a specific project, and shall be held fully accountable and liable for the
• 2 performance of their signed and sealed professional work.
3
4 - Each of the design and engineering professions shall have continuing education programs specifically
5 related to their profession. Specific requirements regarding The Code and The Code related issues may
6 be mandated by the various State licensing boards (through the"Code Training Program" ) as a portion
7 of the continuing education program for all professions.
8
9 IV-5. Any person desiring to be licensed by the State of Florida for which licensure is currently required under
10 Part XIII of Chapter 468 of the Florida Statutes (Building Code Administrators and Inspectors), and Chapter
11 633 of the Florida Statutes (Fire Prevention and Control) shall:
12
13 1. Demonstrate that the applicant meets the eligibility requirements for the licensing category sought;
14 2. Upon demonstrating that the applicant meets the eligibility requirements, the applicant must
15 successfully complete the "Code Training Program" or the State Fire College core curriculum and
16 module course work, as appropriate, for the licensing category sought; and
17 3. After successfully completing the core curriculum and module course work, the applicant must take
18 and pass the licensing examination for the category sought.
19
20 To the extent not already provided by current law, the State Fire Marshal shall develop in Chapter 633
21 of the Florida Statutes, the appropriate categories within the regulated fire services industry to parallel those
22 categories of building code administrators and inspectors found in Chapter 468, Part XIII, F.S. (e.g., Official,
23 Plans Reviewer, and Inspector).
'1
25
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 28
1 • Recommendations - Discipline
2
3 IV-6. For any category of licensee in the design profession, code administrators, plans examiners, inspectors,
4 fire official, and construction industry, the offense of willfully practicing without a license or proper certification
5 should constitute a 3rd degree felony.
6
7 IV-7. A person who willfully violates or has a pattern of violations or who recklessly disregards The Code shall
8 have their license suspended. A willful violation or a pattern of violations or reckless disregard of The Code
9 which may reasonably result or does actually result in physical harm to persons should constitute a 3`d degree
10 felony. This standard should apply to all categories of licensees and to those exempt from licensure or
11 certification, who commit such violations.
12
'13 IV-8. In addition to the power vested in local governments to require corrections of code violations, The Board,
14 together with the Department of Business and Professional Regulation (DBPR), shall establish a Statewide
15 Records of Performance System. Under the System, Iocal governments will report code violations to DBPR.
16 Lack of code compliance may be noted at the time of plan review and code violations may be discovered during
wk11 Pc.
17 inspections conducted by code enforcement officials.�ode violations will be given point equivalents that mirror
18 the state driver's license system. Points shall be assessed against the licensed design professional or licensed
19 contractor who is responsible for the plans or for the on-site construction, based upon the severity of the
violation. The licensed design professional and contractors shall have the right to challenge the imposition of
1 points within a reasonable period of time under Chapter 120 of the Florida Statutes. Upon the accumulation of
?2 a specified number of points within a specified period, DBPR shall require the licensed design professional or
:3 contractor to attend educational courses relating to building codes as a condition of maintaining their licensure.
,4 Upon the accumulation of a higher number of points within the period,DBPR should suspend the licensed design
5 professional or contractor's license. Upon the accumulation of an even higher number of points within the
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 29
1 period, DBPR should revoke the licensed design professional's or contractor's license. The licensed designer
2 or contractor shall have the right to challenge whether the specified level of points has been accumulated within
3 a reasonable period of time under Chapter 120 of the Florida Statutes.
4
5 • Recommendation- Certified Quality Control Programs
6
7 IV-9. The Code should recognize and promote outstanding Quality Control Programs to be maintained by
8 licensed design professionals and licensed contractors. The Board shall develop and include in The Code
9 "standards for Quality Control Programs that provide incentives in the areas of oversight and performance. The
10 standards should include requirements that the licensed design professional or contractor have a demonstrated
11 record of outstanding compliance with requirements of The Code, that the designer or contractor uses
12 supervisors and journeymen that have been certified by the Code Training Program in accordance with
13 Recommendation IV-10 herein, at specified levels on job-sites, and that the contractor uses private licensed
14 building inspectors to inspect work prior to any inspections being conducted by code enforcement jurisdictions.
15 It shall be the responsibility of the code enforcement officials to monitor these Quality Control Programs to
16 ensure that they are being implemented in accordance with the standards. Incentives should be offered for
17 licensed design professionals and contractors who adopt and implement Quality Control Programs that meet
13 standards set by The Board include expedited plan review or permitting, priority inspection scheduling, and fewer
19 required inspections.
20
•
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 30
1 • Recommendations - "Building Code Training Program" :
2
3 IV-10. As one of the major elements of strengthening Compliance and Enforcement, the State of Florida should
4 establish a`Building Code Training Program" (Program) to develop and provide a core curriculum relating to
5 The Code and its system of administration, compliance and enforcement. The Program should be developed,
6 implemented and administered by The Board in coordination with the Department of Education, Department of
7 Community Affairs (DCA), Department of Business and Professional Regulations (DBPR), the State Fire
8 Marshal, the State University System and the Division of Community Colleges. The Board should enter into •
9 contracts with the Department of Education, the State University System, the Division of Community Colleges,
10 model code organizations, professional)trade organizations, and private industry for administration of the
11 Program.
12 DBPR, and the respective licensing boards, in coordination with DCA and the State Fire Marshal, should
13 develop or cause to be developed, as part of the Program, a core curriculum which is a prerequisite to advance,t:7'-,
14 specialized module course work, Continuing Education Units (CEU' s) and standardized examinations for all
15 categories currently licensed under Chapters 468, Part XIII (Building Code Administrators and Inspectors); 471
16 (Engineering); 481 (Architecture, Interior Design and Landscape Architecture); 489 (Contracting) and 633 (Fire
17 Prevention and Control) of the Florida Statutes.
18 The Program should be affordable, accessible, meaningful, be financially self-sufficient and should make
19 maximum use of existing sources, systems, institutions, and programs available through private sources. This
20 recommendation does not intend to create a new bureaucratic entity.
21 The core curriculum should be a prerequisite to the module course work and should be completed within
22 a 2 year period after establishment of the Program. The core program is defined as the information required to
23 have all categories of participants appropriately informed as to their technical and administrative responsibilities
Z4 in the effective execution of the code process by all individuals currently licensed under the Statutes set forth
25 above. The Program should provide for a test for individuals who wish to be exempted from the core curriculum
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 31
1 requirements. Credits for taking the core curriculum should apply to the CET_T requirements. An individual who
2 passes the examination for exemption from the core curriculum shall receive full CEU credit for the course or
3 courses exempted by each examination.
4 DBPR shall develop, cause to be developed, or approve as a part of the Code Training Program,
5 specialized and advanced module course work, Continuing Education Units and standardized certification
6 examination for superintendents and journeymen. Upon satisfactory completion of the course work and
7 examination, a certificate shall be issued.
8
9 IV-11. The Program should also provide CEU's to serve the design and engineering professions involved in the
10 design of buildings. Some of these course modules should be required by the appropriate State Boards as a part
11 of their regular Continuing Education Programs.
12
1 • Recommendations - Education and Training Standards
14
15 IV-12. Inspectors, Plans Examiners. Building Officials, and Contractors
16 In order to obtain a license as a Building Inspector, Plans Examiner,Building Official or Contractor, an individual
17 must have a mixture of education and experience. The amount of such education and experience should be
18 determined by the appropriate regulatory board.
19
20 Because the current licensing programs for Inspectors,Plans Examiners and Building Officials is relatively
21 new, the Department of Business and Professional Regulation should closely monitor those licensing programs
22 and report to the 1999 Legislature the need for reform, if any, of those programs. Should there be a need to
23 change those programs, the Commission's recommended guidelines on this issue is shown in Table XX (attached
• to this document) and, in general, reflect more specific educational requirements (i.e., degree) and, in some cases,
25 additional experience requirements for these categories.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 32
1
2 IV-13. Fire Official
3 The education and certification of the Fire Inspector and Fire Official must be considered as an integral
4 component of The Code and inspection process. In addition to the current requirements in the Florida Statutes,
5 the Commission recommends The Board enhance current cross-training course work and continuing education
6 programs and develop requirements for multiple programs to increase and strengthen communication and •
7 cooperation between Building and Fire Officials.
8
9 IV-14. Licensed Design Professionals
10 In general, the current requirements of Florida law regarding the education, experience, examination, licensure,
11 practice standards, continuing education, and disciplinary procedures of Licensed Professional Engineers,
12 Architects, Interior Designers, and Landscape Architects shall remain as in current law, with the exception of
13 those things set forth in Recommendation IV-4, herein.
14
15 IV-15. Construction Workers
16 Workers are the most important link in the entire Building Codes Process. It is imperative they receive on-going,
17 consistent and effective on-the-job training. At a minimum, it is recommended that The Board should work with
18 the respective professional licensing boards within the DBPR, the Florida Department of Education, the Florida
19 Department of Labor and Employment Security, the State University System, Community Colleges, and the
20 entity administering The Code Training Program to develop a program and standards to provide:
21
22 - Long-term Training for entry level personnel, intended to produce crafts people who are
23 competent to perform all tasks associated with a specific trade. The traditional apprenticeship
24 courses, which produce qualified workers capable of completing work in the trade independent
25 of supervision, are the best example of this.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 33
1 - ,Short-term Intensive Training intended to teach specific skills within a trade to entry-level
2 workers. The Florida Home Builders Association ("FHBA") "qualified framer" six month
program which trains workers specifically in residential framing carpentry, is one example of
4 short-term training.
5
6 - Brief In-Service Training intended to inform workers regarding new code requirements,
7 construction techniques and materials. FHBA is developing one-day onsite training on code
8 updates which target framers. FRSA is developing onsite training for roofers. The Board should
9 develop incentives to encourage other similar associations to develop such training programs.
10
11 IV-16. The Board and the Florida Department of Labor and Employment Security should develop a Construction
12 Worker Training Program which has a blend of the following three methods:
13
14 - Mandatory Licensing: This enforces initial (pre-licensing) requirements for licensees, and could
15 enforce continuing education requirements throughout the licensee's working life. The existing
16 local government licensing of journeymen is an example.
17
18 - Mandatory Training: Standards for training of workers enforced by requiring contractors to
19 maintain records which demonstrate that designated employees have received training required
20 by government agency. One example of this is the regulation of asbestos contractors under
21 Chapter 469 of the Florida Statutes, where contractors are required to retain/produce evidence
22 of worker training.
23
2A - Voluntary Training: Evidence of worker training used as a marketing tool, and to operate more
25 efficiently. No enforcement of worker training by any agency of government.
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 34
•
•
1 • Foundation V-Product Approval
2 One of the essential criteria for an effective Building Codes System is that the system promote innovation:
3 and new technology. A Product Evaluation and Approval Process is the cornerstone of fulfilling that
4 criteria. Florida should have a responsible, but streamlined, cost-effective and affordable Product
5 Evaluation and Approval process. That Process should have specific compliance criteria and strong steps
6 to determine that a product or system is appropriately tested and complies with The Code. Quality
7 Control should be performed by independent agencies or testing laboratories which meet stated criteria
8 and are periodically inspected. A listing, product evaluation system and quality assurance program must
9 be an integral part of such a Product Evaluation Process.
10
11 • Recommendations
12
13 V-1. The Board shall establish guiding principles for development of Florida's Product Evaluation and: ` .
14 Approval Process. For purposes of these recommendations, a Product Evaluation Report is a report by an
15 approved testing laboratory, agency, or Licensed Professional Engineer certifying that the product, material, or
16 assembly of products or materials and methods of installation complies with the specifications of the manufacturer
17 or design and is in compliance with the requirements of The Code for its intended use. Product Approval is an
18 authorization of use of a product, material or system as a result of Product Evaluation. The Product Evaluation
19 and Approval Process shall:
20 - appropriately promote innovation and new technology;
21 - process submittals from manufacturers of products in a timely manner;
22 - educate building code personnel on product acceptance issues;
23 - ensure the Process is followed by The Board, local government, and industry;
24 - provide for independent, third-party qualified and accredited testing and laboratory facilities;
25 - provide an easily accessible product acceptance list to users of The Code;
Building Codes Study Commission Fifth Draft of Single Test,December 4,1997 35
1 - require testing of products or systems where appropriate;
2 - include periodic, no-notice observation of testing products;
3 - develop strong, but reasonable testing criteria based upon existing consensus standards for products;
4 - provide for long-term approvals, where feasible;
5 - provide for recall or renovation of a Product Approval; and
6 - is cost-effective.
7
8 V-2. The Board should determine the types of products requiring approval prior to their use in Florida,
9 whether such use is for local or statewide.
10
11 V-3. In order to effectuate a sound system of Product Approval, The Board should recognize and include in
12 The Code regional, national, and international consensus standards (e.g., ASTM, ANSI, etc.), third party quality
13 control agencies, and Product Evaluation Entities (e.g., Underwriters Laboratories,National Evaluation Service,
14 Factory Mutual, etc.). The Board should consider the inclusion of other standards or Product Evaluations
15 Entities, such as the Dade County, provided such entities meet or exceed established State requirements.
16
17 V-4. The Board shall maintain a list of approved quality control agencies which provide independent quality
18 control service and certify compliance with the standards specified in The Code. Products, methods and systems
19 certified by an approved quality control agency as complying with the standards specified in The Code shall be
20 permitted to be used statewide, without further evaluation.
21
22 V-5. The Code should provide two ways which products can be approved for use in Florida— Statewide or
23 Local. Statewide Approval shall be granted by The Board for use of a product statewide. Local Approval shall
? " be granted by a Local Building Official for use of a product in that official's jurisdiction only. Other local
25 jurisdictions should have the opportunity to review and evaluate approval by a local Building Official in order
Building Codes Study Coi;imission Fifth Draft of Single Text,December 4,1997 36
•
1 to determine the acceptability of a product, method or system in that jurisdiction. The Board (for statewide use),
2 or the Local Building Official (for local use) may approve a product, method or system of construction in on—.
3 of the following ways:
4 (1) A product, method or system of construction shall be approved upon the receipt and validation
5 of a Product Evaluation Report from an approved Product Evaluation Entity(such as National
6 Evaluation Service, SBCCI Product Safety Testing and Evaluation Service, Inc., etc.) indicating.
7 the product, method or system was tested in compliance with The Code or with the intent of The
8 Code and the product method or system is, for the purpose intended, at least equivalent of that
9 prescribed in The Code in quality, strength, effectiveness, fire resistance, durability and safety,
10 as applicable.
11
12 (2) When there is not Product Evaluation Report by an approved entity, a product, method or system
13 of construction shall be approved upon receipt of a Product Evaluation Report which is
14 and sealed by a Florida Licensed Professional Engineer or Architect who has no conflict of
15 interest, certifying that the product, method or system was tested in compliance with The Code
16 or with the intent of The Code; meets protocols and standards adopted by The Board; and by a
17 subsequent review and finding that the product, method or system is, for the purpose intended,
18 at least equivalent as prescribed in The Code in quality, strength, effectiveness, fire resistance,
19 durability and safety, as applicable. Products approved under this procedure shall be required to
20 be manufactured under a quality assurance program, certified by an approved independent, third-
21 party quality control agency, to verify that the products continue to be manufactured to the
22 specifications of the product which was tested and approved.
23
24 (3) A product, method or systems of construction shall be approved upon receipt of a Rational
25 Analysis, signed and sealed by a Florida Licensed Professional Engineer or Architect who has no
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 37
1 conflict of interest, certifying that the product, method or system complies with The Code and
2 upon subsequent review and finding, that the product, method or system is, for the purpose
3 intended, at least equivalent to that prescribed in The Code in quality, strength, effectiveness, fire
4 resistance, durability and safety, as applicable Minimum criteria to be included in a Rational
5 Analysis are: (1)basis of assumptions used; (2) specific section of The Code the analysis relates
6 to; (3) national standards used for calculations; and (4) conclusions. Testing of the product,
7 method or system should be accomplished if feasible, and the Rational Analysis shall contain a
8 certification by the signer/sealer as to why such testing was not accomplished, if it is not tested.
9 •
10 V-6. All local jurisdictions should accept products for the use intended which have received Statewide
11 Approval, so long as the product is being used in the same manner for which it received Statewide Approval.
12 Local jurisdictions should not require any further testing, evaluation, or submission of other evidence to allow
1 the use of a statewide approved product in its jurisdiction. The permit applicant shall be responsible for
14 demonstrating to the Building Official that the product is being used in a manner for which it received Statewide
15 Approval.
16
17 V-7. A Building Official may deny the local application of product or method of construction which has
18 received Statewide Approval by The Board, based on a written report signed by the official, that concludes the
19 product application is inconsistent with the Statewide Approval and that states the reason the application is
20 inconsistent. Such denial of an application may be appealed to The Board.
21
22 V-8. A Building Official may appeal the required approval for local use of a product, method or system of
23 construction to The Board. The Board shall establish expedited procedures to handle such appeals.
2 .
25 V-9. The Board should publish the list of the individually approved Products and Product Evaluation Entities,
Building Codes Study Commission Fifth Draft of Single Text,December 4,1997 38
1 including by electronic means. The Board should establish reasonable time frames associated with the Product
2 Approval Process and the publication of the list.
3
4 V-10. The Board (for statewide) and local government (for local) may establish and collect reasonable and
5 appropriate fees for the Product Approval Process, as necessary to cover the cost of the Process.
6
7 V-11. All actions by The Board and local jurisdictions relative to Product Approval should be reviewable. The
8 Board's decisions should be subject to the procedures set out as set forth in Section 120.57 of the Florida
9 Statutes, except that the Administrative Law Judge's order shall be final agency action. The decisions by local
10 jurisdictions should be appealable to a Local Board of Appeal (if one exists) and then to The Board whose
11 actions are subject to review under section 120.57 of the Florida Statutes as set forth above.
•
Building Codes Study Commission Fifth Draft of Single Teat;December 4,1997 39
APPENDIX
•
'Appendix I r
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...............
.. .......:............::::::.:::.:�:.�::.�tiL•;tiiiv:3:i.:.::ii•?..�i:iiiy:::�ij:::: ::y;:'
EXISTING REQUIREMENTS RECOMMENDED REQUIREMENTS
Must apply to take certification examination Must complete the core course of the Code
Academy and the module for inspector
Must be at least 18 years of age Must be 18 years of age to qualify for Code
Academy
Must be of good moral character Must be of good moral character to qualify
for Code Academy
• Must meet one of the following criteria: Must meet one of the following criteria:
a) demonstrate five years of combined a) High School diploma plus a total of five
experience in the field of construction or years of experience in the category sought, or
inspection corresponding to the certification a year for year trade in completed
category sought; or construction related programs plus three years
b) demonstrate a combination of post- in experience in category sought; or
secondary education and experience which b) four-year non-construction related college
totals four years, with at least one year of degree plus two years experience in category
such experience in construction or building sought; or
inspection; or c) Four-year construction related college
c) for certification as a building code .degree plus one year experience in category
administrator or building official, sought; or
demonstrates ten years combined experience d) Licensed Architect or Engineer
as an architect, engineer, building inspector,
contractor or construction superintendent,
with at least five years of such experience in
supervisory position
Must obtain a valid certificate attesting to the Applicant must take and pass the standardized
person's qualifications to hold such position licensing examination administered by the_
by passing an examination approved by the Code Academy for the category sought.
Florida Building Code Administrators and
Inspectors Board which demonstrates that the
•
applicant has fundamental knowledge of the
state laws and codes relating to the
construction of buildings for which the
applicant has code administration or
inspecting responsibilities.
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EXISTING REQUIREMENTS RECOMMENDED REQUIREMENTS
Must apply to take certification examination Must complete the core course of the Code
Academy and the module for plans examiner
Must be at least 18 years of age Must be 18 years of age to qualify for Code
Academy
Must be of good moral character Must be of good moral character to qualify
for Code Academy
Must meet one of the following criteria: Must meet one of the following criteria:
a) demonstrate five years of combined a) High School diploma plus a total of ten
experience in the field of construction or years of experience including three years as a
inspection corresponding to the certification licensed inspector in the category sought; or
category sought; or b) four-year non-construction related college
b) demonstrate a combination of post- degree plus three years experience as a
secondary education and experience which licensed inspector in category sought; or
totals four years, with at least one year of c) Four-year construction related college
such experience in construction or building degree plus two years experience as a licensed
inspection; or inspector in category sought; or
c) for certification as a building code d) Licensed Architect or Engineer plus one
administrator or building official, year as licensed inspector in category sought.
demonstrates ten years combined experience
as an architect, engineer, building inspector,
contractor or construction superintendent,
with at least five years of such experience in
supervisory position
Must obtain a valid certificate attesting to the Applicant must take and pass the standardized
person's qualifications to hold such position licensing examination administered by the
by passing an examination approved by the Code Academy for the category sought.
Florida Building Code Administrators and
Inspectors Board which demonstrates that the
applicant has fundamental knowledge of the
state laws and codes relating to the
construction of buildings for which the
applicant has code administration or
inspecting responsibilities.
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L:'�dI71lI1ISf � ,\�::t•'??::}T?.
EXISTING REQUIREMENTS RECOMMENDED REQUIREMENTS
Must apply to take certification examination Must complete the core course of.the Code
Academy and the module for building
officiaUcode administrator
Must be at least 18 years of age Must be 18 years of age to qualify for Code
Academy
Must be of good moral character Must be of good moral character to qualify
for Code Academy
Must meet one of the following criteria: Must meet one of the following criteria:
a) demonstrate five years of combined a) High School diploma plus a total of ten
experience in the field of construction or years of relevant in-the-field construction
inspection corresponding to the certification experience including three years as a licensed
category sought; or inspector in the category sought and three
b) demonstrate a combination of post- years in a supervisory capacity; or
secondary education and experience which b) four-year non-construction related college
totals four years, with at least one year of degree plus eight years relevant in-the-field
such experience in construction or building construction experience including three years
inspection; or as a licensed inspector in category sought and
c) for certification as a building code three years in a supervisory capacity; or
administrator or building official, c) Four-year construction related college
demonstrates ten years combined experience degree plus six years relevant in-the-field
as an architect, engineer, building inspector, construction experience including three years
contractor or construction superintendent, as a licensed inspector in category sought and
with at least five years of such experience in three years in a supervisory capacity; or
supervisory position d) Licensed Architect or Engineer plus two
year as licensed inspector in category sought.
Must obtain a valid certificate attesting to the Applicant must take and pass the standardized
person's qualifications to hold such position licensing examination administered by the
by passing an examination approved by the Code Academy for the category sought.
Florida Building Code Administrators and
Inspectors Board which demonstrates that the
applicant has fundamental knowledge of the •
state laws and codes relating to the
construction of buildings for which the
applicant has code administration or
inspecting responsibilities.