Bill Text: FL S0644 | 2022 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Building Regulation

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2022-03-04 - Laid on Table, refer to CS/CS/HB 423 [S0644 Detail]

Download: Florida-2022-S0644-Comm_Sub.html

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       Florida Senate - 2022                       CS for CS for SB 644
       
       
        
       By the Committees on Regulated Industries; and Community
       Affairs; and Senator Brodeur
       
       
       
       
       580-02614-22                                           2022644c2
    1                        A bill to be entitled                      
    2         An act relating to building regulation; amending s.
    3         468.603, F.S.; defining the term “private provider”;
    4         amending s. 468.609, F.S.; revising eligibility
    5         requirements for a person applying to become certified
    6         as a building code inspector or plans examiner;
    7         revising the special conditions or requirements that
    8         the Florida Building Code Administrators and
    9         Inspectors Board may impose on provisional
   10         certificates; revising circumstances under which a
   11         person may perform the duties of a plans examiner or
   12         building code inspector for a specified period;
   13         revising a requirement for the board’s rules relating
   14         to the transferability of a partial completion of an
   15         internship program; amending s. 553.79, F.S.;
   16         prohibiting local laws, ordinances, or regulations
   17         that prohibit or restrict a private property owner’s
   18         ability to obtain a building permit to demolish a
   19         single-family residential structure located in certain
   20         flood zones if certain conditions are met; specifying
   21         restrictions on a local government’s review of such
   22         demolition permits and on certain actions by the local
   23         government relating to the demolition; providing
   24         applicability; amending s. 553.791, F.S.; specifying
   25         the required basis for a certain administrative fee
   26         charged by local jurisdictions relating to building
   27         inspections by private providers; requiring the local
   28         jurisdiction to provide access to certain documents to
   29         a private provider, owner, and contractor; providing
   30         that a certificate of occupancy or certificate of
   31         completion is automatically granted and issued under
   32         certain circumstances; requiring the local building
   33         official to provide a written certificate of occupancy
   34         or certificate of completion within a specified time;
   35         providing construction; specifying and revising
   36         procedures and requirements if the local building
   37         official determines the applicant failed to adhere to
   38         certain requirements; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (9) is added to section 468.603,
   43  Florida Statutes, to read:
   44         468.603 Definitions.—As used in this part:
   45         (9) “Private provider” has the same meaning as in s.
   46  553.791(1)(n).
   47         Section 2. Paragraph (c) of subsection (2), paragraphs (c)
   48  and (d) of subsection (7), and paragraph (b) of subsection (10)
   49  of section 468.609, Florida Statutes, are amended to read:
   50         468.609 Administration of this part; standards for
   51  certification; additional categories of certification.—
   52         (2) A person may take the examination for certification as
   53  a building code inspector or plans examiner pursuant to this
   54  part if the person:
   55         (c) Meets eligibility requirements according to one of the
   56  following criteria:
   57         1. Demonstrates 4 years’ combined experience in the field
   58  of construction or a related field, building code inspection, or
   59  plans review corresponding to the certification category sought;
   60         2. Demonstrates a combination of postsecondary education in
   61  the field of construction or a related field and experience
   62  which totals 3 years, with at least 1 year of such total being
   63  experience in construction, building code inspection, or plans
   64  review;
   65         3. Demonstrates a combination of technical education in the
   66  field of construction or a related field and experience which
   67  totals 3 years, with at least 1 year of such total being
   68  experience in construction, building code inspection, or plans
   69  review;
   70         4. Currently holds a standard certificate issued by the
   71  board or a firesafety inspector license issued under pursuant to
   72  chapter 633, with a minimum of 3 years’ verifiable full-time
   73  experience in firesafety inspection or firesafety plan review,
   74  and has satisfactorily completed a building code inspector or
   75  plans examiner training program that provides at least 100 hours
   76  but not more than 200 hours of cross-training in the
   77  certification category sought. The board shall establish by rule
   78  criteria for the development and implementation of the training
   79  programs. The board must shall accept all classroom training
   80  offered by an approved provider if the content substantially
   81  meets the intent of the classroom component of the training
   82  program;
   83         5. Demonstrates a combination of the completion of an
   84  approved training program in the field of building code
   85  inspection or plan review and a minimum of 2 years’ experience
   86  in the field of building code inspection, plan review, fire code
   87  inspections and fire plans review of new buildings as a
   88  firesafety inspector certified under s. 633.216, or
   89  construction. The approved training portion of this requirement
   90  must shall include proof of satisfactory completion of a
   91  training program that provides at least 200 hours but not more
   92  than 300 hours of cross-training that is approved by the board
   93  in the chosen category of building code inspection or plan
   94  review in the certification category sought with at least 20
   95  hours but not more than 30 hours of instruction in state laws,
   96  rules, and ethics relating to professional standards of
   97  practice, duties, and responsibilities of a certificateholder.
   98  The board shall coordinate with the Building Officials
   99  Association of Florida, Inc., to establish by rule the
  100  development and implementation of the training program. However,
  101  the board must shall accept all classroom training offered by an
  102  approved provider if the content substantially meets the intent
  103  of the classroom component of the training program;
  104         6. Currently holds a standard certificate issued by the
  105  board or a firesafety inspector license issued under pursuant to
  106  chapter 633 and:
  107         a. Has at least 4 years’ verifiable full-time experience as
  108  an inspector or plans examiner in a standard certification
  109  category currently held or has a minimum of 4 years’ verifiable
  110  full-time experience as a firesafety inspector licensed under
  111  pursuant to chapter 633.
  112         b. Has satisfactorily completed a building code inspector
  113  or plans examiner classroom training course or program that
  114  provides at least 200 but not more than 300 hours in the
  115  certification category sought, except for residential one-family
  116  and two-family dwelling training programs, which must provide at
  117  least 500 but not more than 800 hours of training as prescribed
  118  by the board. The board shall establish by rule criteria for the
  119  development and implementation of classroom training courses and
  120  programs in each certification category; or
  121         7.a. Has completed a 4-year internship certification
  122  program as a building code inspector or plans examiner while
  123  also employed full-time by a municipality, county, or other
  124  governmental jurisdiction, under the direct supervision of a
  125  certified building official. A person may also complete the
  126  internship certification program while employed full-time by a
  127  private provider or a private provider’s firm that performs the
  128  services of a building code inspector or plans examiner, while
  129  under the direct supervision of the private provider who must be
  130  a certified building official or a person licensed as an
  131  engineer under chapter 471 or an architect under chapter 481.
  132  Proof of graduation with a related vocational degree or college
  133  degree or of verifiable work experience may be exchanged for the
  134  internship experience requirement year-for-year, but may reduce
  135  the requirement to no less than 1 year.
  136         b. Has passed an examination administered by the
  137  International Code Council in the certification category sought.
  138  Such examination must be passed before beginning the internship
  139  certification program.
  140         c. Has passed the principles and practice examination
  141  before completing the internship certification program.
  142         d. Has passed a board-approved 40-hour code training course
  143  in the certification category sought before completing the
  144  internship certification program.
  145         e. Has obtained a favorable recommendation from the
  146  supervising building official, engineer, or architect after
  147  completion of the internship certification program.
  148         (7)
  149         (c) The board shall provide for appropriate levels of
  150  provisional certificates and may issue these certificates with
  151  such special conditions or requirements relating to the place of
  152  employment of the person holding the certificate, the
  153  supervision of such person on a consulting or advisory basis, or
  154  other matters as the board deems may deem necessary to protect
  155  the public safety and health. The board may not place a special
  156  condition or requirement on a provisional certificate with
  157  respect to the requirement of employment by a municipality,
  158  county, or other local government agency.
  159         (d) A person may perform the duties of a plans examiner or
  160  building code inspector for 120 days if a provisional
  161  certificate application has been submitted if such person is
  162  under the direct supervision of a person licensed as a certified
  163  building code administrator under this part who holds a standard
  164  certification and who has found such person qualified for a
  165  provisional certificate. Direct supervision and the
  166  determination of qualifications may also be provided by a
  167  building code administrator who holds a limited or provisional
  168  certificate in a county having a population of fewer than 75,000
  169  and in a municipality located within such county.
  170         (10)
  171         (b) The board shall by rule establish:
  172         1. Reciprocity of certification with any other state that
  173  requires an examination administered by the International Code
  174  Council.
  175         2. That an applicant for certification as a building code
  176  inspector or plans examiner may apply for a provisional
  177  certificate valid for the duration of the internship period.
  178         3. That partial completion of an internship program is
  179  transferable among jurisdictions, private providers, and firms
  180  of private providers may be transferred between jurisdictions on
  181  a form prescribed by the board.
  182         4. That an applicant may apply for a standard certificate
  183  on a form prescribed by the board upon successful completion of
  184  an internship certification program.
  185         5. That an applicant may apply for a standard certificate
  186  at least 30 days but and no more than 60 days before completing
  187  the internship certification program.
  188         6. That a building code inspector or plans examiner who has
  189  standard certification may seek an additional certification in
  190  another category by completing an additional nonconcurrent 1
  191  year internship program in the certification category sought and
  192  passing an examination administered by the International Code
  193  Council and a board-approved 40-hour code training course.
  194         Section 3. Subsection (25) is added to section 553.79,
  195  Florida Statutes, to read:
  196         553.79 Permits; applications; issuance; inspections.—
  197         (25)(a) A local law, ordinance, or regulation may not
  198  prohibit or otherwise restrict the ability of a private property
  199  owner to obtain a building permit to demolish any single-family
  200  residential structure located in a coastal high hazard area,
  201  moderate flood zone, or special flood hazard area according to
  202  Flood Insurance Rate Maps produced by the Federal Emergency
  203  Management Agency in support of the National Flood Insurance
  204  Program if the lowest finished floor elevation of such structure
  205  is at or below base flood elevation as established by the
  206  Florida Building Code, as amended, or a higher base flood
  207  elevation as may be required by local ordinance, whichever is
  208  higher, provided that such permit otherwise complies with all
  209  applicable Florida Building Code requirements.
  210         (b) Demolition permits sought pursuant to this subsection
  211  may be reviewed only administratively for compliance with the
  212  Florida Building Code and may not be subject to any additional
  213  land development regulations or a public hearing as a requisite
  214  to issuance. In the event of such demolition, a local government
  215  may not impose additional regulatory requirements on the new
  216  single-family residential structure constructed in place of the
  217  demolished structure which would not otherwise be applicable to
  218  a similarly situated, vacant parcel; nor may the local
  219  government otherwise penalize the owner for such demolition.
  220         (c) This subsection does not apply to any structure
  221  designated on the National Register of Historic Places; to any
  222  privately owned single-family residential structure designated
  223  historic by a local, state, or federal governmental agency on or
  224  before January 1, 2022; or to any privately owned single-family
  225  residential structure designated historic with the consent of
  226  its owner subsequent to such date.
  227         Section 4. Paragraph (b) of subsection (2) and subsection
  228  (13) of section 553.791, Florida Statutes, are amended, and
  229  paragraph (c) is added to subsection (2) of that section, to
  230  read:
  231         553.791 Alternative plans review and inspection.—
  232         (2)
  233         (b) If an owner or contractor retains a private provider
  234  for purposes of plans review or building inspection services,
  235  the local jurisdiction must reduce the permit fee by the amount
  236  of cost savings realized by the local enforcement agency for not
  237  having to perform such services. Such reduction may be
  238  calculated on a flat fee or percentage basis, or any other
  239  reasonable means by which a local enforcement agency assesses
  240  the cost for its plans review or inspection services. The local
  241  jurisdiction may not charge fees for building inspections if the
  242  fee owner or contractor hires a private provider to perform such
  243  services; however, the local jurisdiction may charge a
  244  reasonable administrative fee, which shall be based on the cost
  245  that is actually incurred, including the labor cost of the
  246  personnel providing the service, by the local jurisdiction or
  247  attributable to the local jurisdiction for the clerical and
  248  supervisory assistance required, or both.
  249         (c) If an owner or contractor retains a private provider
  250  for purposes of plans review or building inspection services,
  251  the local jurisdiction must provide equal access to all
  252  permitting and inspection documents and reports to the private
  253  provider, owner, and contractor.
  254         (13) No more than 2 business days after receipt of a
  255  request for a certificate of occupancy or certificate of
  256  completion and the applicant’s presentation of a certificate of
  257  compliance and approval of all other government approvals
  258  required by law, the local building official shall issue the
  259  certificate of occupancy or certificate of completion or provide
  260  a notice to the applicant identifying the specific deficiencies,
  261  as well as the specific code chapters and sections. If the local
  262  building official does not provide notice of the deficiencies
  263  within the prescribed 2-day period, the request for a
  264  certificate of occupancy or certificate of completion is
  265  automatically shall be deemed granted and deemed the certificate
  266  of occupancy or certificate of completion shall be issued as of
  267  by the local building official on the next business day. The
  268  local building official must provide the applicant with the
  269  written certificate of occupancy or certificate of completion
  270  within 10 days after it is automatically granted and issued.
  271  After the expiration of the 10-day period, the permit is deemed
  272  closed. If the local building official determines the applicant
  273  failed to adhere to this subsection, the local building official
  274  may rescind the certificate of occupancy or certificate of
  275  completion within 30 days after its issuance and must provide
  276  written notice to the permit applicant and private provider, as
  277  applicable, as well as the fee owner of the rescinded
  278  certificate. The notice must include specific reasons for
  279  rescinding the certificate and detail how the certificate can be
  280  reinstated. The permit must then be reopened, and the private
  281  provider shall have the opportunity to cure any deficiencies and
  282  resubmit the application for certificate of occupancy or
  283  certificate of completion To resolve any identified
  284  deficiencies, the applicant may elect to dispute the
  285  deficiencies pursuant to subsection (14) or to submit a
  286  corrected request for a certificate of occupancy or certificate
  287  of completion.
  288         Section 5. This act shall take effect July 1, 2022.