Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1470
Barcode 334718
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
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.
1
10:53 AM 04/22/05 s1470d-ri24-c8s
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