Bill Text: FL S1382 | 2021 | Regular Session | Comm Sub

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

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Bill Title: Building Inspections

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 667 (Ch. 2021-212) [S1382 Detail]

Download: Florida-2021-S1382-Comm_Sub.html

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       Florida Senate - 2021                             CS for SB 1382
       
       
        
       By the Committee on Community Affairs; and Senator Perry
       
       
       
       
       
       578-02662-21                                          20211382c1
    1                        A bill to be entitled                      
    2         An act relating to building inspections; amending s.
    3         125.56, F.S.; requiring that certain counties allow
    4         requests for inspections to be submitted
    5         electronically; providing acceptable methods of
    6         electronic submission; amending s. 553.79, F.S.;
    7         requiring that local enforcement agencies allow
    8         requests for inspections to be submitted
    9         electronically; providing acceptable methods of
   10         electronic submission; authorizing enforcement
   11         agencies to perform virtual inspections; providing an
   12         exception; providing a definition; requiring a refund
   13         of certain fees in certain circumstances; requiring
   14         that certain surcharges be recalculated under certain
   15         conditions; amending ss. 440.103 and 553.80, F.S.;
   16         conforming cross-references; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (f) is added to subsection (4) of
   22  section 125.56, Florida Statutes, to read:
   23         125.56 Enforcement and amendment of the Florida Building
   24  Code and the Florida Fire Prevention Code; inspection fees;
   25  inspectors; etc.—
   26         (4)
   27         (f) A county that issues building permits must allow
   28  requests for inspections to be submitted electronically to the
   29  county building department. Acceptable methods of electronic
   30  submission include, but are not limited to, e-mail or fill-in
   31  form available on the website of the building department or
   32  through a third-party submission management software or
   33  application that can be downloaded on a mobile device. Requests
   34  for inspections may be submitted in person in a nonelectronic
   35  format, at the discretion of the building official.
   36         Section 2. Present subsections (6) through (22) of section
   37  553.79, Florida Statutes, are redesignated as subsections (8)
   38  through (24), respectively, paragraph (d) is added to subsection
   39  (1) of that section, new subsections (6) and (7) are added to
   40  that section, and subsection (2) of that section is amended, to
   41  read:
   42         553.79 Permits; applications; issuance; inspections.—
   43         (1)
   44         (d) A local enforcement agency must allow requests for
   45  inspections to be submitted electronically to the local
   46  enforcement agency’s appropriate building department. Acceptable
   47  methods of electronic submission include, but are not limited
   48  to, e-mail or fill-in form available on the website of the
   49  building department or through a third-party submission
   50  management software or application that can be downloaded on a
   51  mobile device. Requests for inspections may be submitted in
   52  person in a nonelectronic format, at the discretion of the
   53  building official.
   54         (2) Except as provided in subsection (8) subsection (6), an
   55  enforcing agency may not issue any permit for construction,
   56  erection, alteration, modification, repair, or demolition of any
   57  building or structure until the local building code
   58  administrator or inspector has reviewed the plans and
   59  specifications required by the Florida Building Code, or local
   60  amendment thereto, for such proposal and found the plans to be
   61  in compliance with the Florida Building Code. If the local
   62  building code administrator or inspector finds that the plans
   63  are not in compliance with the Florida Building Code, the local
   64  building code administrator or inspector shall identify the
   65  specific plan features that do not comply with the applicable
   66  codes, identify the specific code chapters and sections upon
   67  which the finding is based, and provide this information to the
   68  local enforcing agency. The local enforcing agency shall provide
   69  this information to the permit applicant. In addition, an
   70  enforcing agency may not issue any permit for construction,
   71  erection, alteration, modification, repair, or demolition of any
   72  building until the appropriate firesafety inspector certified
   73  pursuant to s. 633.216 has reviewed the plans and specifications
   74  required by the Florida Building Code, or local amendment
   75  thereto, for such proposal and found that the plans comply with
   76  the Florida Fire Prevention Code and the Life Safety Code. Any
   77  building or structure which is not subject to a firesafety code
   78  shall not be required to have its plans reviewed by the
   79  firesafety inspector. Any building or structure that is exempt
   80  from the local building permit process may not be required to
   81  have its plans reviewed by the local building code
   82  administrator. Industrial construction on sites where design,
   83  construction, and firesafety are supervised by appropriate
   84  design and inspection professionals and which contain adequate
   85  in-house fire departments and rescue squads is exempt, subject
   86  to local government option, from review of plans and
   87  inspections, providing owners certify that applicable codes and
   88  standards have been met and supply appropriate approved drawings
   89  to local building and firesafety inspectors. The enforcing
   90  agency shall issue a permit to construct, erect, alter, modify,
   91  repair, or demolish any building or structure when the plans and
   92  specifications for such proposal comply with the Florida
   93  Building Code and the Florida Fire Prevention Code and the Life
   94  Safety Code as determined by the local authority in accordance
   95  with this chapter and chapter 633.
   96         (6) A state or local enforcement agency may perform virtual
   97  inspections at the discretion of the enforcement agency.
   98  However, a state or local enforcement agency may not perform
   99  virtual inspections for structural inspections on a threshold
  100  building. For purposes of this subsection, the term “virtual
  101  inspection” means a form of visual inspection which uses visual
  102  or electronic aids to allow a building code administrator or an
  103  inspector, or team of inspectors, to perform an inspection
  104  without having to be physically present at the job site during
  105  the inspection.
  106         (7)(a) A local enforcement agency must refund 10 percent of
  107  the permit and inspection fees to a permitholder if:
  108         1. The inspector or building code administrator determines
  109  that the work, which requires the permit, fails an inspection;
  110  and
  111         2. The inspector or building code administrator fails to
  112  provide, within 3 business days after the inspection, the
  113  permitholder or his or her agent with a reason, based on
  114  compliance with the Florida Building Code, Florida Fire
  115  Prevention Code, or local ordinance, for why the work failed the
  116  inspection.
  117         (b) If any permit and inspection fees are refunded under
  118  paragraph (a), the surcharges provided in s. 553.721 must be
  119  recalculated based on the amount of the permit and inspection
  120  fees after the refund.
  121         Section 3. Section 440.103, Florida Statutes, is amended to
  122  read:
  123         440.103 Building permits; identification of minimum premium
  124  policy.—Every employer shall, as a condition to applying for and
  125  receiving a building permit, show proof and certify to the
  126  permit issuer that it has secured compensation for its employees
  127  under this chapter as provided in ss. 440.10 and 440.38. Such
  128  proof of compensation must be evidenced by a certificate of
  129  coverage issued by the carrier, a valid exemption certificate
  130  approved by the department, or a copy of the employer’s
  131  authority to self-insure and shall be presented, electronically
  132  or physically, each time the employer applies for a building
  133  permit. As provided in s. 553.79(23) s. 553.79(21), for the
  134  purpose of inspection and record retention, site plans or
  135  building permits may be maintained at the worksite in the
  136  original form or in the form of an electronic copy. These plans
  137  and permits must be open to inspection by the building official
  138  or a duly authorized representative, as required by the Florida
  139  Building Code. As provided in s. 627.413(5), each certificate of
  140  coverage must show, on its face, whether or not coverage is
  141  secured under the minimum premium provisions of rules adopted by
  142  rating organizations licensed pursuant to s. 627.221. The words
  143  “minimum premium policy” or equivalent language shall be typed,
  144  printed, stamped, or legibly handwritten.
  145         Section 4. Subsection (1) of section 553.80, Florida
  146  Statutes, is amended to read:
  147         553.80 Enforcement.—
  148         (1) Except as provided in paragraphs (a)-(g), each local
  149  government and each legally constituted enforcement district
  150  with statutory authority shall regulate building construction
  151  and, where authorized in the state agency’s enabling
  152  legislation, each state agency shall enforce the Florida
  153  Building Code required by this part on all public or private
  154  buildings, structures, and facilities, unless such
  155  responsibility has been delegated to another unit of government
  156  under s. 553.79(11) pursuant to s. 553.79(9).
  157         (a) Construction regulations relating to correctional
  158  facilities under the jurisdiction of the Department of
  159  Corrections and the Department of Juvenile Justice are to be
  160  enforced exclusively by those departments.
  161         (b) Construction regulations relating to elevator equipment
  162  under the jurisdiction of the Bureau of Elevators of the
  163  Department of Business and Professional Regulation shall be
  164  enforced exclusively by that department.
  165         (c) In addition to the requirements of s. 553.79 and this
  166  section, facilities subject to the provisions of chapter 395 and
  167  parts II and VIII of chapter 400 shall have facility plans
  168  reviewed and construction surveyed by the state agency
  169  authorized to do so under the requirements of chapter 395 and
  170  parts II and VIII of chapter 400 and the certification
  171  requirements of the Federal Government. Facilities subject to
  172  the provisions of part IV of chapter 400 may have facility plans
  173  reviewed and shall have construction surveyed by the state
  174  agency authorized to do so under the requirements of part IV of
  175  chapter 400 and the certification requirements of the Federal
  176  Government.
  177         (d) Building plans approved under s. 553.77(3) and state
  178  approved manufactured buildings, including buildings
  179  manufactured and assembled offsite and not intended for
  180  habitation, such as lawn storage buildings and storage sheds,
  181  are exempt from local code enforcing agency plan reviews except
  182  for provisions of the code relating to erection, assembly, or
  183  construction at the site. Erection, assembly, and construction
  184  at the site are subject to local permitting and inspections.
  185  Lawn storage buildings and storage sheds bearing the insignia of
  186  approval of the department are not subject to s. 553.842. Such
  187  buildings that do not exceed 400 square feet may be delivered
  188  and installed without need of a contractor’s or specialty
  189  license.
  190         (e) Construction regulations governing public schools,
  191  state universities, and Florida College System institutions
  192  shall be enforced as provided in subsection (6).
  193         (f) The Florida Building Code as it pertains to toll
  194  collection facilities under the jurisdiction of the turnpike
  195  enterprise of the Department of Transportation shall be enforced
  196  exclusively by the turnpike enterprise.
  197         (g) Construction regulations relating to secure mental
  198  health treatment facilities under the jurisdiction of the
  199  Department of Children and Families shall be enforced
  200  exclusively by the department in conjunction with the Agency for
  201  Health Care Administration’s review authority under paragraph
  202  (c).
  203  
  204  The governing bodies of local governments may provide a schedule
  205  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
  206  section, for the enforcement of the provisions of this part.
  207  Such fees shall be used solely for carrying out the local
  208  government’s responsibilities in enforcing the Florida Building
  209  Code. The authority of state enforcing agencies to set fees for
  210  enforcement shall be derived from authority existing on July 1,
  211  1998. However, nothing contained in this subsection shall
  212  operate to limit such agencies from adjusting their fee schedule
  213  in conformance with existing authority.
  214         Section 5. This act shall take effect July 1, 2021.