Senate Bill sb0744
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Florida Senate - 2001 SB 744
By Senator Clary
7-674A-01
1 A bill to be entitled
2 An act relating to plans review and inspection
3 of commercial buildings; amending ss. 471.015,
4 481.213, F.S.; requiring the Board of
5 Professional Engineers and the Board of
6 Architecture and Interior Design to establish
7 by rule qualifications for certifying
8 professional engineers and licensed architects,
9 respectively, as commercial building
10 inspectors; requiring the boards to also
11 establish minimum qualifications for authorized
12 representatives of commercial building
13 inspectors; amending ss. 471.045, 481.222,
14 F.S.; allowing professional engineers and
15 licensed architects certified as commercial
16 building inspectors to perform certain building
17 code inspection services; providing for the
18 conduct and applicability of complaint and
19 disciplinary provisions; creating s. 553.791,
20 F.S.; providing requirements for plans review
21 and inspection of commercial buildings by
22 commercial building inspectors; providing
23 definitions; providing for inspection records
24 and certificates of compliance; providing for
25 resolution of disagreements; providing
26 requirements for local enforcement agencies;
27 providing for initiation of disciplinary
28 proceedings; requiring certain minimum
29 liability coverage; providing an effective
30 date.
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Subsection (8) is added to section 471.015,
4 Florida Statutes, to read:
5 471.015 Licensure.--
6 (8) The board shall, by rule, establish qualifications
7 for certification of professional engineers as commercial
8 building inspectors, as defined in s. 553.791, and shall
9 compile a list of persons who are certified. A professional
10 engineer is not required to meet standards for commercial
11 building inspector certification other than those established
12 by the board, and the fee owner of a commercial building may
13 not be prohibited from using the services of any person
14 certified by the board as a commercial building inspector.
15 The board shall develop minimum qualifications for the
16 authorized representative of a commercial building inspector
17 who performs inspections on behalf of the commercial building
18 inspector pursuant to s. 553.791.
19 Section 2. Section 471.045, Florida Statutes, is
20 amended to read:
21 471.045 Professional engineers performing building
22 code inspector duties.--
23 (1) Notwithstanding any other provision of law, a
24 person who is currently licensed under this chapter to
25 practice as a professional engineer may provide building code
26 inspection services described in s. 468.603(6) and (7) to a
27 local government or state agency upon its request, without
28 being certified by the Florida Building Code Administrators
29 and Inspectors Board under part XII of chapter 468. When
30 performing these building code inspection services, the
31 professional engineer is subject to the disciplinary
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1 guidelines of this chapter and s. 468.621(1)(c)-(i)(c)-(h).
2 Any complaint processing, investigation, and discipline that
3 arise out of a professional engineer's performing building
4 code inspection services shall be conducted by the Board of
5 Professional Engineers rather than the Florida Building Code
6 Administrators and Inspectors Board. A professional engineer
7 may not perform plans review as an employee of a local
8 government upon any job that the professional engineer or the
9 professional engineer's firm company designed.
10 (2) Pursuant to s. 553.791, and notwithstanding any
11 other provision of law, a professional engineer who is
12 certified by the board as a commercial building inspector may
13 provide those building code inspection services described in
14 s. 468.603(6) and (7) to the fee owner of a commercial
15 building, without being certified by the Florida Building Code
16 Administrators and Inspectors Board under part XII of chapter
17 468. When performing these building code inspection services,
18 the professional engineer is subject to the disciplinary
19 guidelines of this chapter and s. 468.621(1)(c)-(i). Any
20 complaint processing, investigation, and discipline that arise
21 out of a professional engineer's performance of building code
22 inspection services shall be conducted by the Board of
23 Professional Engineers rather than the Florida Building Code
24 Administrators and Inspectors Board. A professional engineer
25 may not perform building code inspection services, including
26 plans review, upon any building or structure designed by the
27 professional engineer or the professional engineer's firm.
28 Section 3. Subsection (8) is added to section 481.213,
29 Florida Statutes, to read:
30 481.213 Licensure.--
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1 (8) For persons whose licensure requires satisfaction
2 of the requirements of ss. 481.209(1) and 481.211, the board
3 shall, by rule, establish qualifications for certification of
4 such persons as commercial building inspectors, as defined in
5 s. 553.791, and shall compile a list of persons who are
6 certified. An architect is not required to meet standards for
7 commercial building inspector certification other than those
8 established by the board, and the fee owner of a commercial
9 building may not be prohibited from using the services of any
10 person certified by the board as a commercial building
11 inspector. The board shall develop minimum qualifications for
12 the authorized representative of a commercial building
13 inspector who performs inspections on behalf of the commercial
14 building inspector pursuant to s. 553.791.
15 Section 4. Section 481.222, Florida Statutes, is
16 amended to read:
17 481.222 Architects performing building code inspection
18 services.--
19 (1) Notwithstanding any other provision of law, a
20 person who is currently licensed to practice as an architect
21 under this part may provide building code inspection services
22 described in s. 468.603(6) and (7) to a local government or
23 state agency upon its request, without being certified by the
24 Florida Building Code Administrators and Inspectors Board
25 under part XII of chapter 468. With respect to the
26 performance of such building code inspection services, the
27 architect is subject to the disciplinary guidelines of this
28 part and s. 468.621(1)(c)-(i)(c)-(h). Any complaint
29 processing, investigation, and discipline that arise out of an
30 architect's performance of building code inspection services
31 shall be conducted by the Board of Architecture and Interior
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1 Design rather than the Florida Building Code Administrators
2 and Inspectors Board. An architect may not perform plans
3 review as an employee of a local government upon any job that
4 the architect or the architect's firm company designed.
5 (2) Pursuant to s. 553.791, and notwithstanding any
6 other provision of law, an architect who is certified by the
7 board as a commercial building inspector may provide those
8 building code inspection services described in s. 468.603(6)
9 and (7) to the fee owner of a commercial building, without
10 being certified by the Florida Building Code Administrators
11 and Inspectors Board under part XII of chapter 468. When
12 performing these building code inspection services, the
13 architect is subject to the disciplinary guidelines of this
14 chapter and s. 468.621(1)(c)-(i). Any complaint processing,
15 investigation, and discipline that arise out of an architect's
16 performance of building code inspection services shall be
17 conducted by the Board of Architecture and Interior Design
18 rather than the Florida Building Code Administrators and
19 Inspectors Board. An architect may not perform building code
20 inspection services under this subsection, including plans
21 review, upon any building or structure designed by the
22 architect or the architect's firm.
23 Section 5. Section 553.791, Florida Statutes, is
24 created to read:
25 553.791 Plans review and inspection of commercial
26 buildings.--
27 (1) As used in this section, the term:
28 (a) "Applicable codes" means the building, plumbing,
29 mechanical, electrical, gas, energy, and accessibility codes
30 adopted pursuant to this chapter, but does not include the
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1 applicable minimum fire prevention and firesafety codes
2 adopted pursuant to chapter 633.
3 (b) "Building code inspection services" means those
4 services described in s. 468.603(6) and (7) involving plans
5 review and building inspection to determine the compliance
6 with applicable codes of any construction, erection, repair,
7 alteration, demolition, or improvement of or addition to a
8 commercial building for which permitting by a local
9 enforcement agency is required.
10 (c) "Commercial building" means any building or
11 structure intended for commercial or industrial use, or any
12 building or structure intended for multifamily residential use
13 and having more than three dwelling units, and any accessory
14 use structures in connection therewith.
15 (d) "Commercial building inspector" means an architect
16 licensed under chapter 481 or engineer licensed under chapter
17 471 who is certified to provide building code inspection
18 services on commercial buildings.
19 (2) Notwithstanding any other provision of law, the
20 fee owner of a commercial building may contract with a
21 commercial building inspector to provide building code
22 inspection services with regard to such building and may make
23 payment directly to the commercial building inspector for the
24 provision of these services. All such services shall be the
25 subject of a written contract between the commercial building
26 inspector, or the inspector's firm, and the fee owner. A
27 commercial building inspector may not provide building code
28 inspection services pursuant to this section upon any building
29 or structure designed by the commercial building inspector or
30 the inspector's firm.
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1 (3) A commercial building inspector performing plans
2 review under this section shall review construction plans to
3 determine compliance with the applicable codes. Upon
4 determining that the plans reviewed comply with the applicable
5 codes, the commercial building inspector shall prepare a
6 certificate of compliance on a form promulgated by the
7 commission certifying, under oath, that the plans have been
8 reviewed and that to the best of the commercial building
9 inspector's knowledge and belief the plans comply with the
10 applicable codes. The commercial building inspector shall
11 submit both the plans reviewed and the certificate of
12 compliance to the local enforcement agency for review.
13 (4) Upon receipt of the plans reviewed and the
14 certificate of compliance from the commercial building
15 inspector, along with the applicable building permit fee and
16 any other applicable government approvals, the local
17 enforcement agency shall issue a building permit or other
18 appropriate permit within a reasonable period of time, but in
19 no event later than 10 business days after receipt, unless the
20 local enforcement agency refuses such issuance pursuant to
21 subsection (10).
22 (5) A commercial building inspector performing
23 building inspections under this section shall inspect to
24 determine the compliance with applicable codes of each phase
25 of construction for which permitting by a local enforcement
26 agency is required and shall perform the minimum mandatory
27 inspections required by any building code adopted pursuant to
28 s. 553.73. The commercial building inspector shall be
29 permitted to send a duly authorized representative to the
30 construction site to perform the necessary inspections,
31 provided all required reports and certifications are prepared
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1 by and bear the signature and seal of the commercial building
2 inspector. The contractor's contractual or statutory
3 obligations are not relieved by any action of the commercial
4 building inspector.
5 (6) The commercial building inspector shall give
6 written notice to the local enforcement agency of the date and
7 time of any inspection required by the applicable codes at
8 least 1 full business day prior to the scheduled inspection.
9 The local enforcement agency may visit the commercial building
10 site as often as necessary to verify that the commercial
11 building inspector is performing all inspections in a timely
12 and professional manner.
13 (7) Upon completing building inspections at each
14 applicable phase of construction, the commercial building
15 inspector shall record such inspections on a form promulgated
16 by the commission. Such inspection records shall reflect all
17 inspections performed by the commercial building inspector,
18 including the minimum mandatory inspections required by any
19 building code adopted pursuant to s. 553.73. In addition to
20 the inspection records, the commercial building inspector
21 shall prepare a certificate of compliance on a form
22 promulgated by the commission, summarizing the inspections
23 performed, and including a written representation, under oath,
24 that the stated inspections have been performed and that to
25 the best of the commercial building inspector's knowledge and
26 belief the building construction inspected meets the
27 requirements of the applicable codes. Upon completion of the
28 construction, the commercial building inspector shall submit
29 both the inspection records and the certificate of compliance
30 to the local enforcement agency for review.
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1 (8) Upon receipt of the inspection records and the
2 certificate of compliance from the commercial building
3 inspector, along with any other applicable government
4 approvals, the local enforcement agency shall issue a
5 certificate of occupancy for the building within a reasonable
6 period of time, but in no event later than 2 business days
7 after receipt, unless the local enforcement agency refuses
8 such issuance pursuant to subsection (10).
9 (9) In the event of a disagreement with the local
10 enforcement agency regarding plans review or building
11 construction compliance with applicable codes, it shall be the
12 commercial building inspector's responsibility to meet with
13 the local enforcement agency and make a reasonable effort to
14 attempt an informal resolution of the disagreement.
15 (10) If the local enforcement agency determines that
16 the building construction or plans do not comply with the
17 applicable codes, it may refuse to issue a building permit or
18 certificate of occupancy, as appropriate; or, if it further
19 determines that such noncompliance poses an immediate threat
20 to public safety and welfare, it may issue a stop-work order,
21 subject to the following:
22 (a) In the case of plans review, the local enforcement
23 agency must notify the commercial building inspector of its
24 determination that the plans do not comply with applicable
25 codes within 10 business days after receipt of the plans
26 reviewed and the certificate of compliance.
27 (b) In the case of building construction that the
28 local enforcement agency observes and determines does not
29 comply with applicable codes, the local enforcement agency
30 must notify the commercial building inspector of its
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1 determination within 2 business days after observing the
2 allegedly noncompliant construction.
3 (c) In the case of final inspection and issuance of a
4 certificate of occupancy, the local enforcement agency must
5 notify the commercial building inspector of its determination
6 that the building construction does not comply with applicable
7 codes within 2 business days after receipt of the inspection
8 records and the certificate of compliance.
9 (d) The local enforcement agency must meet with the
10 commercial building inspector within 2 business days after
11 issuing a stop-work order or a notice refusing the issuance of
12 a building permit or certificate of occupancy, as appropriate,
13 to attempt an informal resolution of the conflict.
14 (e) If the local enforcement agency and building
15 inspector are unable to informally resolve the conflict, then
16 the matter must be immediately referred to the local
17 enforcement agency's board of rules and appeals, which must
18 consider the matter at its next scheduled meeting, or sooner
19 as may be required by the local enforcement agency. If the
20 conflict involves a stop-work order, the fee owner may proceed
21 with construction during the pendency of any appeal to the
22 board of rules and appeals, subject to the provisions of
23 paragraph (f).
24 (f) Any construction performed by a fee owner during
25 the appeal of a stop-work order as outlined in paragraph (e)
26 shall be undertaken at the owner's risk, with the knowledge
27 that the local board of rules and appeals may order the
28 demolition of such work if it agrees with the local
29 enforcement agency that the plans or construction do not
30 comply with the applicable codes.
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1 (g) The local enforcement agency's failure to follow
2 any of the procedures described in paragraphs (a)-(f) shall
3 result in automatic issuance of the building permit or
4 certificate of occupancy sought, as appropriate.
5 (h) Notwithstanding any provision of this subsection
6 to the contrary, any decisions regarding the issuance of a
7 building permit or certificate of occupancy may be reviewed by
8 the local enforcement agency's board of rules and appeals.
9 Any decision by the local enforcement agency's board of rules
10 and appeals may be immediately appealed to the commission,
11 which must consider the matter at its next scheduled meeting.
12 (11) If the local enforcement agency determines that
13 sufficient cause exists, the local enforcement agency may
14 initiate disciplinary review proceedings against a commercial
15 building inspector by filing a complaint with the Board of
16 Professional Engineers or the Board of Architecture and
17 Interior Design, as appropriate.
18 (12) No local enforcement agency or local government
19 may adopt or enforce any laws, rules, procedures, or standards
20 which are more stringent than those prescribed by this
21 section.
22 (13) A commercial building inspector may perform
23 building code inspection services under this section only if
24 the commercial building inspector maintains independent
25 insurance for professional and comprehensive general liability
26 with minimum policy limits of $1 million per occurrence
27 relating to all services performed as a commercial building
28 inspector, and including tail coverage for a minimum of 5
29 years subsequent to the performance of building code
30 inspection services.
31 Section 6. This act shall take effect October 1, 2001.
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2 LEGISLATIVE SUMMARY
3
Requires the Board of Professional Engineers and the
4 Board of Architecture and Interior Design to establish by
rule qualifications for certifying professional engineers
5 and licensed architects, respectively, as commercial
building inspectors. Requires the boards to also
6 establish minimum qualifications for authorized
representatives of commercial building inspectors who
7 perform inspections on behalf of those inspectors.
Allows professional engineers and licensed architects
8 certified as commercial building inspectors to perform
building code inspection services on commercial
9 buildings. Provides for the conduct and applicability of
complaint and disciplinary provisions with respect to
10 such services. Provides requirements for plans review
and inspection of commercial buildings by commercial
11 building inspectors. Provides for inspection records and
certificates of compliance, resolution of disagreements,
12 requirements for local enforcement agencies, and
initiation of disciplinary proceedings. Requires certain
13 minimum liability coverage. (See bill for details.)
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