Florida Senate - 2017                                     SB 860
       
       
        
       By Senator Brandes
       
       24-01173-17                                            2017860__
    1                        A bill to be entitled                      
    2         An act relating to building code administrators and
    3         inspectors; amending s. 468.603, F.S.; revising and
    4         defining terms; amending s. 468.609, F.S.; creating an
    5         internship path to certification as an inspector or
    6         plans examiner; specifying requirements for the
    7         internship periods; requiring the board to authorize
    8         specified candidates for certification as building
    9         code inspectors or plans examiners to perform duties
   10         during a specified period after initial application,
   11         to apply for a 1-year provisional certificate under
   12         certain circumstances, and to apply for standard
   13         certification within a certain time before completing
   14         the internship period; deleting being newly hired or
   15         promoted as a condition for eligibility to qualify for
   16         a provisional certificate; requiring rulemaking;
   17         requiring the board to develop a form to transfer
   18         internship periods completed in other jurisdictions
   19         under certain circumstances; requiring the board to
   20         develop an electronic application for standard
   21         certification for certain persons; authorizing persons
   22         to seek additional certifications if they meet certain
   23         requirements; conforming cross-references; amending s.
   24         553.791, F.S.; revising the definition of the term
   25         “private provider”; conforming cross-references;
   26         amending ss. 471.045 and 481.222, F.S.; conforming
   27         cross-references; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 468.603, Florida Statutes, is reordered
   32  and amended to read:
   33         468.603 Definitions.—As used in this part:
   34         (2)(1) “Building code administrator” or “building official”
   35  means any of those employees of municipal or county governments
   36  with building construction regulation responsibilities who are
   37  charged with the responsibility for direct regulatory
   38  administration or supervision of plan review, enforcement, or
   39  inspection of building construction, erection, repair, addition,
   40  remodeling, demolition, or alteration projects that require
   41  permitting indicating compliance with building, plumbing,
   42  mechanical, electrical, gas, fire prevention, energy,
   43  accessibility, and other construction codes as required by state
   44  law or municipal or county ordinance. This term is synonymous
   45  with “building official” as used in the administrative chapter
   46  of the Standard Building Code and the South Florida Building
   47  Code. One person employed by each municipal or county government
   48  as a building code administrator or building official and who is
   49  so certified under this part may be authorized to perform any
   50  plan review or inspection for which certification is required by
   51  this part, including performing any plan review or inspection as
   52  a currently designated standard certified building official
   53  under an interagency service agreement with a jurisdiction of
   54  population 50,000 or fewer.
   55         (4)(2) “Building code inspector” means any of those
   56  employees of local governments or state agencies with building
   57  construction regulation responsibilities who themselves conduct
   58  inspections of building construction, erection, repair,
   59  addition, or alteration projects that require permitting
   60  indicating compliance with building, plumbing, mechanical,
   61  electrical, gas, fire prevention, energy, accessibility, and
   62  other construction codes as required by state law or municipal
   63  or county ordinance.
   64         (1)(3) “Board” means the Florida Building Code
   65  Administrators and Inspectors Board.
   66         (7)(4) “Department” means the Department of Business and
   67  Professional Regulation.
   68         (6)(5) “Certificate” means a certificate of qualification
   69  issued by the department as provided in this part.
   70         (5)(6) “Categories of building code inspectors” include the
   71  following:
   72         (a) “Building inspector” means a person who is qualified to
   73  inspect and determine that buildings and structures are
   74  constructed in accordance with the provisions of the governing
   75  building codes and state accessibility laws.
   76         (b) “Coastal construction inspector” means a person who is
   77  qualified to inspect and determine that buildings and structures
   78  are constructed to resist near-hurricane and hurricane velocity
   79  winds in accordance with the provisions of the governing
   80  building code.
   81         (c) “Commercial electrical inspector” means a person who is
   82  qualified to inspect and determine the electrical safety of
   83  commercial buildings and structures by inspecting for compliance
   84  with the provisions of the National Electrical Code.
   85         (d) “Residential electrical inspector” means a person who
   86  is qualified to inspect and determine the electrical safety of
   87  one and two family dwellings and accessory structures by
   88  inspecting for compliance with the applicable provisions of the
   89  governing electrical code.
   90         (e) “Mechanical inspector” means a person who is qualified
   91  to inspect and determine that the mechanical installations and
   92  systems for buildings and structures are in compliance with the
   93  provisions of the governing mechanical code.
   94         (f) “Plumbing inspector” means a person who is qualified to
   95  inspect and determine that the plumbing installations and
   96  systems for buildings and structures are in compliance with the
   97  provisions of the governing plumbing code.
   98         (g) “One and two family dwelling inspector” means a person
   99  who is qualified to inspect and determine that one and two
  100  family dwellings and accessory structures are constructed in
  101  accordance with the provisions of the governing building,
  102  plumbing, mechanical, accessibility, and electrical codes.
  103         (h) “Electrical inspector” means a person who is qualified
  104  to inspect and determine the electrical safety of commercial and
  105  residential buildings and accessory structures by inspecting for
  106  compliance with the provisions of the National Electrical Code.
  107         (8)(7) “Plans examiner” means a person who is qualified to
  108  determine that plans submitted for purposes of obtaining
  109  building and other permits comply with the applicable building,
  110  plumbing, mechanical, electrical, gas, fire prevention, energy,
  111  accessibility, and other applicable construction codes.
  112  Categories of plans examiners include:
  113         (a) Building plans examiner.
  114         (b) Plumbing plans examiner.
  115         (c) Mechanical plans examiner.
  116         (d) Electrical plans examiner.
  117         (3)(8) “Building code enforcement official” or “enforcement
  118  official” means a licensed building code administrator, building
  119  code inspector, or plans examiner.
  120         (9) “Residential plans examiner” means a person who is
  121  qualified to determine whether plans submitted for purposes of
  122  obtaining building and other permits comply with the applicable
  123  residential building, plumbing, mechanical, electrical, gas,
  124  energy, accessibility, and other construction codes.
  125         Section 2. Paragraph (c) of subsection (2), paragraphs (a)
  126  and (d) of subsection (7), and subsection (10) of section
  127  468.609, Florida Statutes, are amended, and subsections (11) and
  128  (12) are added to that section, to read:
  129         468.609 Administration of this part; standards for
  130  certification; additional categories of certification.—
  131         (2) A person may take the examination for certification as
  132  a building code inspector or plans examiner pursuant to this
  133  part if the person:
  134         (c) Meets eligibility requirements according to one of the
  135  following criteria:
  136         1. Demonstrates 5 years’ combined experience in the field
  137  of construction or a related field, building code inspection, or
  138  plans review corresponding to the certification category sought;
  139         2. Demonstrates a combination of postsecondary education in
  140  the field of construction or a related field and experience
  141  which totals 4 years, with at least 1 year of such total being
  142  experience in construction, building code inspection, or plans
  143  review;
  144         3. Demonstrates a combination of technical education in the
  145  field of construction or a related field and experience which
  146  totals 4 years, with at least 1 year of such total being
  147  experience in construction, building code inspection, or plans
  148  review;
  149         4. Currently holds a standard certificate issued by the
  150  board or a firesafety inspector license issued pursuant to
  151  chapter 633, has a minimum of 3 years’ verifiable full-time
  152  experience in inspection or plan review, and has satisfactorily
  153  completed a building code inspector or plans examiner training
  154  program that provides at least 100 hours but not more than 200
  155  hours of cross-training in the certification category sought.
  156  The board shall establish by rule criteria for the development
  157  and implementation of the training programs. The board shall
  158  accept all classroom training offered by an approved provider if
  159  the content substantially meets the intent of the classroom
  160  component of the training program;
  161         5. Demonstrates a combination of the completion of an
  162  approved training program in the field of building code
  163  inspection or plan review and a minimum of 2 years’ experience
  164  in the field of building code inspection, plan review, fire code
  165  inspections and fire plans review of new buildings as a
  166  firesafety inspector certified under s. 633.216, or
  167  construction. The approved training portion of this requirement
  168  shall include proof of satisfactory completion of a training
  169  program that provides at least 200 hours but not more than 300
  170  hours of cross-training that is approved by the board in the
  171  chosen category of building code inspection or plan review in
  172  the certification category sought with at least 20 hours but not
  173  more than 30 hours of instruction in state laws, rules, and
  174  ethics relating to professional standards of practice, duties,
  175  and responsibilities of a certificateholder. The board shall
  176  coordinate with the Building Officials Association of Florida,
  177  Inc., to establish by rule the development and implementation of
  178  the training program. However, the board shall accept all
  179  classroom training offered by an approved provider if the
  180  content substantially meets the intent of the classroom
  181  component of the training program; or
  182         6. Currently holds a standard certificate issued by the
  183  board or a firesafety inspector license issued pursuant to
  184  chapter 633 and:
  185         a. Has at least 5 years’ verifiable full-time experience as
  186  an inspector or plans examiner in a standard certification
  187  category currently held or has a minimum of 5 years’ verifiable
  188  full-time experience as a firesafety inspector licensed pursuant
  189  to chapter 633.
  190         b. Has satisfactorily completed a building code inspector
  191  or plans examiner classroom training course or program that
  192  provides at least 200 but not more than 300 hours in the
  193  certification category sought, except for one-family and two
  194  family dwelling training programs, which must provide at least
  195  500 but not more than 800 hours of training as prescribed by the
  196  board. The board shall establish by rule criteria for the
  197  development and implementation of classroom training courses and
  198  programs in each certification category; or.
  199         7. Completes an inspector or plans examiner internship
  200  certification program that includes all of the following:
  201         a. Passing an International Code Council (ICC) administered
  202  examination in the category sought prior to beginning a 4-year
  203  internship while employed full time by a Florida municipality,
  204  county, or other governmental jurisdiction under the direct
  205  supervision of a standard certified, government employed,
  206  sponsoring building official. A related vocational or college
  207  degree attained or verifiable on-the-job experience may reduce
  208  the internship period year-for-year to no less than 1 year.
  209         b. Passing the State of Florida Principles and Practice
  210  exam prior to completing the internship period.
  211         c. Passing a Building Code Administrator and Inspectors
  212  Board (BCAIB) approved 40-hour code training in the category
  213  sought before completing the internship period.
  214         d. Obtaining a favorable recommendation from the sponsoring
  215  building official upon completion of the internship period.
  216         (7)(a) The board shall provide for the issuance of
  217  provisional certificates valid for 1 year, as specified by board
  218  rule, to any newly employed or promoted building code inspector
  219  or plans examiner who meets the eligibility requirements
  220  described in subsection (2) and any newly employed or promoted
  221  building code administrator who meets the eligibility
  222  requirements described in subsection (3). The provisional
  223  license may be renewed by the board for just cause; however, a
  224  provisional license is not valid for longer than 3 years.
  225         (d) A newly employed or hired person may perform the duties
  226  of a plans examiner or building code inspector for 120 days if a
  227  provisional certificate application has been submitted if such
  228  person is under the direct supervision of a certified building
  229  code administrator who holds a standard certification and who
  230  has found such person qualified for a provisional certificate.
  231  Direct supervision and the determination of qualifications may
  232  also be provided by a building code administrator who holds a
  233  limited or provisional certificate in a county having a
  234  population of fewer than 75,000 and in a municipality located
  235  within such county.
  236         (10) The board may by rule create categories of
  237  certification in addition to those defined in s. 468.603(5) s.
  238  468.603(6) and (8) (7). Such certification categories shall not
  239  be mandatory and shall not act to diminish the scope of any
  240  certificate created by statute.
  241         (11) The board shall by rule:
  242         (a) Establish a procedure to determine reciprocity for an
  243  ICC examination administered by another state.
  244         (b) Authorize candidates under subparagraph (2)(c)7. to:
  245         1. Perform duties during the first 120 days after initial
  246  application submittal to the board.
  247         2. Apply for a 1-year provisional certificate before
  248  completing the internship period if the candidate has not passed
  249  the principles and practice exam or 40-hour code training
  250  course.
  251         3. Apply for standard certification at least 30 days but
  252  not more than 60 days before completing the internship period.
  253         (c) Develop a form to authorize candidates under
  254  subparagraph (2)(c)7. to transfer approved partial internship
  255  periods completed in other jurisdictions.
  256         (d) Develop an electronic application for standard
  257  certification of interns who successfully complete the program
  258  described in subparagraph (2)(c)7.
  259         (12) After achieving initial standard certification, a
  260  person may seek additional certifications in other categories by
  261  completing additional nonconcurrent internship programs when
  262  passing an ICC examination, passing a BCAIB approved 40-hour
  263  code training, and completing an additional 1-year, full-time
  264  internship in the respective category sought. Any person holding
  265  a standard certification may seek additional certifications.
  266         Section 3. Paragraphs (d) and (i) of subsection (1) of
  267  section 553.791, Florida Statutes, are amended to read:
  268         553.791 Alternative plans review and inspection.—
  269         (1) As used in this section, the term:
  270         (d) “Building code inspection services” means those
  271  services described in s. 468.603(5) s. 468.603(6) and (8) (7)
  272  involving the review of building plans to determine compliance
  273  with applicable codes and those inspections required by law of
  274  each phase of construction for which permitting by a local
  275  enforcement agency is required to determine compliance with
  276  applicable codes.
  277         (i) “Private provider” means a person licensed as a
  278  building code administrator under part XII of chapter 468, as an
  279  engineer under chapter 471, or as an architect under chapter
  280  481. For purposes of performing inspections under this section
  281  for additions and alterations that are limited to 1,000 square
  282  feet or less to residential buildings, the term “private
  283  provider” also includes a person who holds a standard
  284  certificate under part XII of chapter 468.
  285         Section 4. Section 471.045, Florida Statutes, is amended to
  286  read:
  287         471.045 Professional engineers performing building code
  288  inspector duties.—Notwithstanding any other provision of law, a
  289  person who is currently licensed under this chapter to practice
  290  as a professional engineer may provide building code inspection
  291  services described in s. 468.603(5) s. 468.603(6) and (8) (7) to
  292  a local government or state agency upon its request, without
  293  being certified by the Florida Building Code Administrators and
  294  Inspectors Board under part XII of chapter 468. When performing
  295  these building code inspection services, the professional
  296  engineer is subject to the disciplinary guidelines of this
  297  chapter and s. 468.621(1)(c)-(h). Any complaint processing,
  298  investigation, and discipline that arise out of a professional
  299  engineer’s performing building code inspection services shall be
  300  conducted by the Board of Professional Engineers rather than the
  301  Florida Building Code Administrators and Inspectors Board. A
  302  professional engineer may not perform plans review as an
  303  employee of a local government upon any job that the
  304  professional engineer or the professional engineer’s company
  305  designed.
  306         Section 5. Section 481.222, Florida Statutes, is amended to
  307  read:
  308         481.222 Architects performing building code inspection
  309  services.—Notwithstanding any other provision of law, a person
  310  who is currently licensed to practice as an architect under this
  311  part may provide building code inspection services described in
  312  s. 468.603(5) s. 468.603(6) and (8) (7) to a local government or
  313  state agency upon its request, without being certified by the
  314  Florida Building Code Administrators and Inspectors Board under
  315  part XII of chapter 468. With respect to the performance of such
  316  building code inspection services, the architect is subject to
  317  the disciplinary guidelines of this part and s. 468.621(1)(c)
  318  (h). Any complaint processing, investigation, and discipline
  319  that arise out of an architect’s performance of building code
  320  inspection services shall be conducted by the Board of
  321  Architecture and Interior Design rather than the Florida
  322  Building Code Administrators and Inspectors Board. An architect
  323  may not perform plans review as an employee of a local
  324  government upon any job that the architect or the architect’s
  325  company designed.
  326         Section 6. This act shall take effect July 1, 2017.