Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1470
                        Barcode 334718
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Regulated Industries (Posey) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (f) of subsection (1),
19  subsections (2) and (4), paragraph (a) of subsection (6), and
20  subsections (7), (9), (11), (12), (14), (15), and (17) of
21  section 553.791, Florida Statutes, are amended to read:
22         553.791  Alternative plans review and inspection.--
23         (1)  As used in this section, the term:
24         (f)  "Permit application" means a properly completed
25  and submitted application for:
26         1.  the requested building or construction permit,
27  including:.
28         1.2.  The plans reviewed by the private provider.
29         2.3.  The affidavit from the private provider required
30  pursuant to subsection (5).
31         3.4.  Any applicable fees.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 4.5. Any documents required by the local building 2 official to determine that the fee owner has secured all other 3 government approvals required by law. 4 (2) Notwithstanding any other provision of law or 5 local government ordinance or local policy, the fee owner of a 6 building or structure, or the fee owner's contractor upon 7 written authorization from the fee owner, may choose to use a 8 private provider to provide building code inspection services 9 with regard to such building or structure and may make payment 10 directly to the private provider for the provision of such 11 services. All such services shall be the subject of a written 12 contract between the private provider, or the private 13 provider's firm, and the fee owner. The fee owner may elect to 14 use a private provider to provide either plans review or 15 required building inspections, or both. However, if the fee 16 owner or the fee owner's contractor uses a private provider to 17 provide plans review, the local building official, in his or 18 her discretion and pursuant to duly adopted policies of the 19 local enforcement agency, may require the fee owner or the fee 20 owner's contractor who desires to use a private provider to 21 use the private provider to also provide both plans review and 22 required building inspections inspection services. 23 (4) A fee owner or the fee owner's contractor using a 24 private provider to provide building code inspection services 25 shall notify the local building official at the time of permit 26 application, or no less than 7 business days prior to the 27 first scheduled inspection by the local building official or 28 building code enforcement agency for a private provider 29 performing required inspections of construction under this 30 section, on a form to be adopted by the commission. This 31 notice shall include the following information: 2 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 (a) The services to be performed by the private 2 provider. 3 (b) The name, firm, address, telephone number, and 4 facsimile number of each private provider who is performing or 5 will perform such services, his or her professional license or 6 certification number, qualification statements or resumes, 7 and, if required by the local building official, a certificate 8 of insurance demonstrating that professional liability 9 insurance coverage is in place for the private provider's 10 firm, the private provider, and any duly authorized 11 representative in the amounts required by this section. 12 (c) An acknowledgment from the fee owner in 13 substantially the following form: 14 15 I have elected to use one or more private providers to provide 16 building code plans review and/or inspection services on the 17 building or structure that is the subject of the enclosed 18 permit application, as authorized by s. 553.791, Florida 19 Statutes. I understand that the local building official may 20 not review the plans submitted or perform the required 21 building inspections to determine compliance with the 22 applicable codes, except to the extent specified in said law. 23 Instead, plans review and/or required building inspections 24 will be performed by licensed or certified personnel 25 identified in the application. The law requires minimum 26 insurance requirements for such personnel, but I understand 27 that I may require more insurance to protect my interests. By 28 executing this form, I acknowledge that I have made inquiry 29 regarding the competence of the licensed or certified 30 personnel and the level of their insurance and am satisfied 31 that my interests are adequately protected. I agree to 3 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 indemnify, defend, and hold harmless the local government, the 2 local building official, and their building code enforcement 3 personnel from any and all claims arising from my use of these 4 licensed or certified personnel to perform building code 5 inspection services with respect to the building or structure 6 that is the subject of the enclosed permit application. 7 8 If the fee owner or the fee owner's contractor makes any 9 changes to the listed private providers or the services to be 10 provided by those private providers, the fee owner or the fee 11 owner's contractor shall, within 1 business day after any 12 change, update the notice to reflect such changes. In 13 addition, the fee owner or the fee owner's contractor shall 14 post at the project site, prior to the commencement of 15 construction and updated within 1 business day after any 16 change, on a form to be adopted by the commission, the name, 17 firm, address, telephone number, and facsimile number of each 18 private provider who is performing or will perform building 19 code inspection services, the type of service being performed, 20 and similar information for the primary contact of the private 21 provider on the project. 22 (6)(a) No more than Within 30 business days after 23 receipt of a permit application and the affidavit from the 24 private provider required pursuant to subsection (5), the 25 local building official shall issue the requested permit or 26 provide a written notice to the permit applicant identifying 27 the specific plan features that do not comply with the 28 applicable codes, as well as the specific code chapters and 29 sections. If the local building official does not provide a 30 written notice of the plan deficiencies within the prescribed 31 30-day period, the permit application shall be deemed approved 4 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 as a matter of law, and the permit shall be issued by the 2 local building official on the next business day. 3 (7) A private provider performing required inspections 4 under this section shall inspect each phase of construction as 5 required by the applicable codes. The private provider shall 6 be permitted to send a duly authorized representative to the 7 building site to perform the required inspections, provided 8 all required reports and certifications are prepared by and 9 bear the signature of the private provider. The duly 10 authorized representative must be an employee of the private 11 provider entitled to receive unemployment compensation 12 benefits under chapter 443. The contractor's contractual or 13 legal obligations are not relieved by any action of the 14 private provider. 15 (9) Upon completing the required inspections at each 16 applicable phase of construction, the private provider shall 17 record such inspections on a form acceptable to the local 18 building official. These inspection records shall reflect 19 those inspections required by the applicable codes of each 20 phase of construction for which permitting by a local 21 enforcement agency is required. The private provider, before 22 leaving the project site, shall post each completed inspection 23 record, indicating pass or fail, at the site and provide the 24 record to the local building official within 2 business days. 25 The local building official may waive the requirement to 26 provide a record of each inspection within 2 business days if 27 the record is posted at the project site and all such 28 inspection records are submitted with the certificate of 29 compliance. Records of all required and completed inspections 30 shall be maintained at the building site at all times and made 31 available for review by the local building official. The 5 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 private provider shall report to the local enforcement agency 2 any condition that poses an immediate threat to public safety 3 and welfare. 4 (11) No more than Within 2 business days after receipt 5 of a request for a certificate of occupancy or certificate of 6 completion and the applicant's presentation of a certificate 7 of compliance and approval of all other government approvals 8 required by law, the local building official shall issue the 9 certificate of occupancy or certificate of completion or 10 provide a notice to the applicant identifying the specific 11 deficiencies, as well as the specific code chapters and 12 sections. If the local building official does not provide 13 notice of the deficiencies within the prescribed 2-day period, 14 the request for a certificate of occupancy or certificate of 15 completion shall be deemed granted and the certificate of 16 occupancy or certificate of completion shall be issued by the 17 local building official on the next business day. To resolve 18 any identified deficiencies, the applicant may elect to 19 dispute the deficiencies pursuant to subsection (12) or to 20 submit a corrected request for a certificate of occupancy or 21 certificate of completion. 22 (12) If the local building official determines that 23 the building construction or plans do not comply with the 24 applicable codes, the official may deny the permit or request 25 for a certificate of occupancy or certificate of completion, 26 as appropriate, or may issue a stop-work order for the project 27 or any portion thereof as provided by law, if the official 28 determines that such noncompliance poses a threat to public 29 safety and welfare, subject to the following: 30 (a) The local building official shall be available to 31 meet with the private provider within 2 business days to 6 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 resolve any dispute after issuing a stop-work order or 2 providing notice to the applicant denying a permit or request 3 for a certificate of occupancy or certificate of completion. 4 (b) If the local building official and private 5 provider are unable to resolve the dispute, the matter shall 6 be referred to the local enforcement agency's board of 7 appeals, if one exists, which shall consider the matter at its 8 next scheduled meeting or sooner. Any decisions by the local 9 enforcement agency's board of appeals, or local building 10 official if there is no board of appeals, may be appealed to 11 the commission as provided by this chapter pursuant to s. 12 553.77(1)(h). 13 (c) Notwithstanding any provision of this section, any 14 decisions regarding the issuance of a building permit, 15 certificate of occupancy, or certificate of completion may be 16 reviewed by the local enforcement agency's board of appeals, 17 if one exists. Any decision by the local enforcement agency's 18 board of appeals, or local building official if there is no 19 board of appeals, may be appealed to the commission as 20 provided by this chapter pursuant to s. 553.77(1)(h), which 21 shall consider the matter at the commission's next scheduled 22 meeting. 23 (14)(a) No local enforcement agency, local building 24 official, or local government may adopt or enforce any laws, 25 rules, procedures, policies, qualifications, or standards more 26 stringent than those prescribed by this section. 27 (b) A local enforcement agency, local building 28 official, or local government may establish, for private 29 providers and duly authorized representatives working within 30 that jurisdiction, a system of registration to verify 31 compliance with the licensure requirements of paragraph (1)(g) 7 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 and the insurance requirements of subsection (15). 2 (c) This section does not limit the authority of the 3 local building official to issue a stop-work order for a 4 building project or any portion of such order, as provided by 5 law, if the official determines that a condition on the 6 building site constitutes an immediate threat to public safety 7 and welfare. 8 (15) A private provider may perform building code 9 inspection services on a building project under this section 10 only if the private provider maintains insurance for 11 professional and comprehensive general liability covering with 12 minimum policy limits of $1 million per occurrence relating to 13 all services performed as a private provider. Such insurance 14 shall have minimum policy limits of $1 million per occurrence 15 and $2 million in the aggregate for any project with a 16 construction cost of $5 million or less and $2 million per 17 occurrence and $4 million in the aggregate for any project 18 with a construction cost of over $5 million. This section does 19 not limit the ability of a fee owner to require additional 20 insurance or higher policy limits. For these purposes, the 21 term "construction cost" means the total cost of building 22 construction as stated in the building permit application. If 23 the private provider chooses to secure claims-made coverage to 24 fulfill this requirement, the private provider must also 25 maintain, including tail coverage for a minimum of 5 years 26 subsequent to the performance of building code inspection 27 services. The insurance required under this subsection must be 28 written only by insurers authorized to do business in this 29 state with a minimum A.M. Best's rating of A. Before providing 30 building code inspection services within a local building 31 official's jurisdiction, a private provider shall provide to 8 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 the local building official a certificate of insurance 2 evidencing that the coverages required under this subsection 3 are in force. 4 (17) Each local building code enforcement agency may 5 shall develop and maintain a process to audit the performance 6 of building code inspection services by private providers 7 operating within the local jurisdiction. Work on a building or 8 structure may proceed after inspection and approval by a 9 private provider if the provider has given notice of the 10 inspection pursuant to subsection (8) and, subsequent to such 11 inspection and approval, the work may not be delayed for 12 completion of an inspection audit by the local building code 13 enforcement agency. 14 Section 2. Paragraph (i) of subsection (1) of section 15 468.621, Florida Statutes, is amended to read: 16 468.621 Disciplinary proceedings.-- 17 (1) The following acts constitute grounds for which 18 the disciplinary actions in subsection (2) may be taken: 19 (i) Failing to lawfully execute the duties and 20 responsibilities specified in this part and ss. 553.73, 21 553.781, and 553.79, and 553.791. 22 Section 3. This act shall take effect October 1, 2005. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to alternative plans review and 9 10:53 AM 04/22/05 s1470d-ri24-c8s
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 334718 1 inspection; amending s. 553.791, F.S.; 2 clarifying a definition; expanding 3 authorization to use private providers to 4 provide building code inspection services; 5 including fee owner contractors within such 6 authorization; revising notice requirements for 7 using private providers; revising procedures 8 for issuing permits; providing requirements for 9 representatives of private providers; providing 10 for waiver of certain inspection records 11 requirements under certain circumstances; 12 requiring issuance of stop-work orders to be 13 pursuant to law; providing for establishment of 14 a registration system for private providers and 15 authorized representatives of private providers 16 for licensure compliance purposes; preserving 17 authority to issue emergency stop-work orders; 18 revising insurance requirements for private 19 providers; providing a definition; authorizing 20 performance audits by local building code 21 enforcement agencies of private providers; 22 specifying conditions for proceeding with 23 building work; amending s. 468.621, F.S.; 24 revising a ground for taking certain 25 disciplinary actions; providing an effective 26 date. 27 28 29 30 31 10 10:53 AM 04/22/05 s1470d-ri24-c8s