HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1577 Building Construction Standards
SPONSOR(S): McClain
TIED BILLS: IDEN./SIM. BILLS: SB 488
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 14 Y, 0 N Brackett Anstead
2) Commerce Committee
SUMMARY ANALYSIS
The Florida Building Commission (Commission), located within the Department of Business and Professional
Regulation, implements and adopts the Florida Building Code. The Building Code is the statewide building
code for all construction in the state. Every local government must enforce the Building Code and issue
building permits. The Commission adopts a new edition of the Building Code every three years.
Current law requires the Commission to develop and implement an approval of construction products for
statewide use. The Commission has created a product evaluation and approval system for products and
systems that makeup the building envelope and structural frame of a building.
To obtain state approval, a manufacturer must demonstrate a product complies with the applicable standards
and provisions of the Building Code by submitting one of the following reports:
A certification mark or listing of an approved certification agency;
A test report from an approved testing laboratory;
A product evaluation report signed and sealed by a Florida licensed engineer or architect; or
A product evaluation report from one of the following evaluation entities:
o The National Evaluation Service;
o The International Association of Plumbing and Mechanical Officials Evaluation Service;
o The International Code Council Evaluation Services;
o Underwriters Laboratories, LLC;
o The International Conference of Building Officials;
o SBCCI Public Safety Testing and Evaluation Services, Inc.;
o Intertek Testing Services NA, Inc.; or
o The Miami-Dade County Building Code Compliance Office Product Control Division.
Currently, the Commission has authority to approve an entity as an approved testing laboratory or a
certification agency if it meets the Commission’s rules. However, the Commission does not have authority to
approve an entity as an evaluation entity. In order to be approved as an evaluation entity, the entity must be
added to the list of approved evaluation entities by the Legislature.
The bill adds NEMO ETC, LLC, to the list of approved evaluation entities that may issue product evaluation
reports. According to its website, NEMO ETC, is a firm of engineers, and technications providing engineering,
evaluation, testing and consulting services for the building products manufacturing sector.
The bill does not have a fiscal impact on state and local governments.
The bill provides for an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1577a.RRS
DATE: 3/24/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission’s
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.2 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.3
Part IV of ch. 553, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of
the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement
of a single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction. 4
The main purpose of the Building Code is to regulate new construction or proposed modifications to
existing structures in order to give the occupants the highest level of safety and the least amount of
defects.5
The Florida Building Commission
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code.6
The Commission reviews several International Codes published by the International Code Council, the
National Electric Code, and other nationally adopted model codes to determine if the Building Code
needs to be updated and adopts an updated Building Code every three years.7
The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural
TAC to the swimming pool TAC.8 TACs are made up of commission members and other parties who
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 15, 2021).
2
Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
3
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb.. 26, 2021).
4
See S. 553.72(1), F.S.
5
Florida Building Commission, Advanced Florida Building Code Principals,
http://www.floridabuilding.org/Upload/Courses_trp/421-2-MATERIAL-Adv%20FL%20Bldg%20Code%20-
%20Course%20PDF%20version%207.0.pdf (last visited Feb. 26, 2021).
6
Ss. 553.73, and 553.74, F.S.
7
Id.
8
DBPR, Florida Building Code Online, https://www.floridabuilding.org/c/c_commission.aspx (last visited Mar. 17, 2021).
STORAGE NAME: h1577a.RRS PAGE: 2
DATE: 3/24/2021
advise the commission on declaratory statements, proposed amendments, and any other areas of
interest of the commission.9
Product Evaluation and Approval
Current law requires the Commission to develop and implement an approval of construction products
for statewide use. The Commission has created an evaluation and approval system for products and
systems that makeup the building envelope and structural frame of a building.10 The Commission
approves the products in the following categories for statewide use:11
Panel Walls;
Exterior Doors;
Roofing Products;
Skylights;
Windows;
Shutters;
Structural Components; and
Impact Protective Systems.
To obtain state approval, a manufacturer must demonstrate a product complies with the applicable
standards and provisions of the Building Code by submitting one of the following reports:
A certification mark or listing of an approved certification agency;
A test report from an approved testing laboratory;
A product evaluation report developed, signed and sealed by a Florida licensed engineer or
architect; or
A product evaluation report from one of the following evaluation entities:
o The National Evaluation Service;
o The International Association of Plumbing and Mechanical Officials Evaluation Service;
o The International Code Council Evaluation Services;
o Underwriters Laboratories, LLC;
o The International Conference of Building Officials;
o SBCCI Public Safety Testing and Evaluation Services, Inc.;
o Intertek Testing Services NA, Inc.; or
o The Miami-Dade County Building Code Compliance Office Product Control Division.12
In addition, current law also requires a manufacturer to submit certification from an independent third
party valuation entity that the submitted report is valid and indicates the product complies with the
Building Code.13
Currently, the Commission has authority to approve an entity as an approved testing laboratory,
validation entity, or a certification agency if it meets the Commission’s rules.14 However, the
Commission does not have authority to approve an entity as an evaluation entity. In order to be
approved as an evaluation entity, the entity must be added to the list of approved evaluation entities in
current law by the Legislature.
9
S. 553.73(3), F.S.; Rule 61G20-2.001, F.A.C.
10
S. 553.842(1), F.S.; R. 61G20-3.001, F.A.C.
11
Rule 61G20-3.001, F.A.C.
12
S. 553.842, F.S.; DBPR, Product Evaluation Entity List, https://www.floridabuilding.org/pr/pr_org_lst.aspx (last visited Mar. 17,
2021).
13
S. 553.842, F.S.; Rule 61G20-3.006, F.A.C.
14
S. 553.842, F.S.; Rule 61G20-3.008, F.A.C.
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DATE: 3/24/2021
In order to obtain statewide approval for a construction product, a manufacturer must submit an
application that includes one of the required reports and certification from an independent third party
valuation entity.15
Applications that include a test report from an approved testing laboratory or a product evaluation
report, which is signed and sealed by a licensed engineer or an architect, are reviewed and approved
by the Commission.16 The Commission meets every two months.17 The Commission may approve the
product for statewide use unless there is credible evidence questioning the authenticity of the submitted
report or the third party certification.18
Applications filed with a product evaluation report from an evaluation entity or a certification mark or
listing of an approved certification agency are reviewed and approved by DBPR.19
According to industry members, since the Commission meets every two months, manufacturers who
submit a report from a testing laboratory or an engineer or architect, have to wait longer to have their
applications reviewed and approved than a manufacturer who submits a report from a certification
agency or an evaluation entity.20
NEMO ETC, LLC
According to its website, NEMO ETC, LLC, is a firm of engineers, technicians and research specialists
providing engineering, evaluation, testing and consulting services to the building-envelope component
and systems industry. According to the website, NEMO focuses on servicing building-envelope
component and systems manufacturers, offers evaluation services to building product manufacturers
for a variety of purposes and intended audiences, and has 100 years combined experience in testing
and evaluation of roof and wall cladding systems.21
The Commission previously approved NEMO ETC, LLC, as an approved testing laboratory. According
to its website, NEMO’s President, Robert Nieminen, is a licensed engineer with 25 years of experience
in the roofing and waterproofing industry, is an expert in wind-load design and analysis of roof and wall
cladding systems, and has developed over 200 product evaluation reports. However, the company is
not an evaluation entity.22
Effect of the Bill
The bill adds NEMO ETC, LLC, to the list of approved evaluation entities that may issue product
evaluation reports determining whether or not a product complies with the Building Code.
B. SECTION DIRECTORY:
Section 1. Amends s. 553.842, F.S., amending the list of entities that may issue product evaluation
reports.
Section 2. Providing an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
15
Rule 61G20-3.007(1), F.A.C.
16
Id.
17
DBPR, FBC Meetings, https://floridabuilding.org/fbc/meetings/2_meetings.htm (last visited Mar. 20, 2021).
18
Rule 61G20-3.007(1), F.A.C.
19
Id.
20
Email from Keyna Cory, Public Affairs Consultants, RE: HB 1577 by McClain (Mar. 20, 2021).
21
NEMO, ETC, Who We Are, https://nemoetc.com/about-us/ (last visited Mar. 17, 2021).
22
Id.; Florida Building Commission, Product Approval, https://floridabuilding.org/pr/pr_org_lst.aspx (last visited Mar. 17, 2021).
STORAGE NAME: h1577a.RRS PAGE: 4
DATE: 3/24/2021
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will increase the number of entities that may issue evaluations reports that a product complies
with the Building Code.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h1577a.RRS PAGE: 5
DATE: 3/24/2021
Statutes affected: H 1577 Filed: 553.842