Senate Bill sb1470c1
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Florida Senate - 2005 CS for SB 1470
By the Committee on Regulated Industries; and Senator
Constantine
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1 A bill to be entitled
2 An act relating to alternative plans review and
3 inspection; amending s. 553.791, F.S.;
4 clarifying a definition; expanding
5 authorization to use private providers to
6 provide building code inspection services;
7 including fee owner contractors within such
8 authorization; revising notice requirements for
9 using private providers; revising procedures
10 for issuing permits; providing requirements for
11 representatives of private providers; providing
12 for waiver of certain inspection records
13 requirements under certain circumstances;
14 requiring issuance of stop-work orders to be
15 pursuant to law; providing for establishment of
16 a registration system for private providers and
17 authorized representatives of private providers
18 for licensure compliance purposes; preserving
19 authority to issue emergency stop-work orders;
20 revising insurance requirements for private
21 providers; providing a definition; authorizing
22 performance audits by local building code
23 enforcement agencies of private providers;
24 specifying conditions for proceeding with
25 building work; amending s. 468.621, F.S.;
26 revising a ground for taking certain
27 disciplinary actions; providing an effective
28 date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (f) of subsection (1),
2 subsections (2) and (4), paragraph (a) of subsection (6), and
3 subsections (7), (9), (11), (12), (14), (15), and (17) of
4 section 553.791, Florida Statutes, are amended to read:
5 553.791 Alternative plans review and inspection.--
6 (1) As used in this section, the term:
7 (f) "Permit application" means a properly completed
8 and submitted application for:
9 1. the requested building or construction permit,
10 including:.
11 1.2. The plans reviewed by the private provider.
12 2.3. The affidavit from the private provider required
13 pursuant to subsection (5).
14 3.4. Any applicable fees.
15 4.5. Any documents required by the local building
16 official to determine that the fee owner has secured all other
17 government approvals required by law.
18 (2) Notwithstanding any other provision of law or
19 local government ordinance or local policy, the fee owner of a
20 building or structure, or the fee owner's contractor upon
21 written authorization from the fee owner, may choose to use a
22 private provider to provide building code inspection services
23 with regard to such building or structure and may make payment
24 directly to the private provider for the provision of such
25 services. All such services shall be the subject of a written
26 contract between the private provider, or the private
27 provider's firm, and the fee owner. The fee owner may elect to
28 use a private provider to provide either plans review or
29 required building inspections, or both. However, if the fee
30 owner or the fee owner's contractor uses a private provider to
31 provide plans review, the local building official, in his or
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1 her discretion and pursuant to duly adopted policies of the
2 local enforcement agency, may require the fee owner or the fee
3 owner's contractor who desires to use a private provider to
4 use the private provider to also provide both plans review and
5 required building inspections inspection services.
6 (4) A fee owner or the fee owner's contractor using a
7 private provider to provide building code inspection services
8 shall notify the local building official at the time of permit
9 application, or no less than 7 business days prior to the
10 first scheduled inspection by the local building official or
11 building code enforcement agency for a private provider
12 performing required inspections of construction under this
13 section, on a form to be adopted by the commission. This
14 notice shall include the following information:
15 (a) The services to be performed by the private
16 provider.
17 (b) The name, firm, address, telephone number, and
18 facsimile number of each private provider who is performing or
19 will perform such services, his or her professional license or
20 certification number, qualification statements or resumes,
21 and, if required by the local building official, a certificate
22 of insurance demonstrating that professional liability
23 insurance coverage is in place for the private provider's
24 firm, the private provider, and any duly authorized
25 representative in the amounts required by this section.
26 (c) An acknowledgment from the fee owner in
27 substantially the following form:
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29 I have elected to use one or more private providers to provide
30 building code plans review and/or inspection services on the
31 building or structure that is the subject of the enclosed
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1 permit application, as authorized by s. 553.791, Florida
2 Statutes. I understand that the local building official may
3 not review the plans submitted or perform the required
4 building inspections to determine compliance with the
5 applicable codes, except to the extent specified in said law.
6 Instead, plans review and/or required building inspections
7 will be performed by licensed or certified personnel
8 identified in the application. The law requires minimum
9 insurance requirements for such personnel, but I understand
10 that I may require more insurance to protect my interests. By
11 executing this form, I acknowledge that I have made inquiry
12 regarding the competence of the licensed or certified
13 personnel and the level of their insurance and am satisfied
14 that my interests are adequately protected. I agree to
15 indemnify, defend, and hold harmless the local government, the
16 local building official, and their building code enforcement
17 personnel from any and all claims arising from my use of these
18 licensed or certified personnel to perform building code
19 inspection services with respect to the building or structure
20 that is the subject of the enclosed permit application.
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22 If the fee owner or the fee owner's contractor makes any
23 changes to the listed private providers or the services to be
24 provided by those private providers, the fee owner or the fee
25 owner's contractor shall, within 1 business day after any
26 change, update the notice to reflect such changes. In
27 addition, the fee owner or the fee owner's contractor shall
28 post at the project site, prior to the commencement of
29 construction and updated within 1 business day after any
30 change, on a form to be adopted by the commission, the name,
31 firm, address, telephone number, and facsimile number of each
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1 private provider who is performing or will perform building
2 code inspection services, the type of service being performed,
3 and similar information for the primary contact of the private
4 provider on the project.
5 (6)(a) No more than Within 30 business days after
6 receipt of a permit application and the affidavit from the
7 private provider required pursuant to subsection (5), the
8 local building official shall issue the requested permit or
9 provide a written notice to the permit applicant identifying
10 the specific plan features that do not comply with the
11 applicable codes, as well as the specific code chapters and
12 sections. If the local building official does not provide a
13 written notice of the plan deficiencies within the prescribed
14 30-day period, the permit application shall be deemed approved
15 as a matter of law, and the permit shall be issued by the
16 local building official on the next business day.
17 (7) A private provider performing required inspections
18 under this section shall inspect each phase of construction as
19 required by the applicable codes. The private provider shall
20 be permitted to send a duly authorized representative to the
21 building site to perform the required inspections, provided
22 all required reports and certifications are prepared by and
23 bear the signature of the private provider. The duly
24 authorized representative must be an employee of the private
25 provider entitled to receive unemployment compensation
26 benefits under chapter 443. The contractor's contractual or
27 legal obligations are not relieved by any action of the
28 private provider.
29 (9) Upon completing the required inspections at each
30 applicable phase of construction, the private provider shall
31 record such inspections on a form acceptable to the local
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1 building official. These inspection records shall reflect
2 those inspections required by the applicable codes of each
3 phase of construction for which permitting by a local
4 enforcement agency is required. The private provider, before
5 leaving the project site, shall post each completed inspection
6 record, indicating pass or fail, at the site and provide the
7 record to the local building official within 2 business days.
8 The local building official may waive the requirement to
9 provide a record of each inspection within 2 business days if
10 the record is posted at the project site and all such
11 inspection records are submitted with the certificate of
12 compliance. Records of all required and completed inspections
13 shall be maintained at the building site at all times and made
14 available for review by the local building official. The
15 private provider shall report to the local enforcement agency
16 any condition that poses an immediate threat to public safety
17 and welfare.
18 (11) No more than Within 2 business days after receipt
19 of a request for a certificate of occupancy or certificate of
20 completion and the applicant's presentation of a certificate
21 of compliance and approval of all other government approvals
22 required by law, the local building official shall issue the
23 certificate of occupancy or certificate of completion or
24 provide a notice to the applicant identifying the specific
25 deficiencies, as well as the specific code chapters and
26 sections. If the local building official does not provide
27 notice of the deficiencies within the prescribed 2-day period,
28 the request for a certificate of occupancy or certificate of
29 completion shall be deemed granted and the certificate of
30 occupancy or certificate of completion shall be issued by the
31 local building official on the next business day. To resolve
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1 any identified deficiencies, the applicant may elect to
2 dispute the deficiencies pursuant to subsection (12) or to
3 submit a corrected request for a certificate of occupancy or
4 certificate of completion.
5 (12) If the local building official determines that
6 the building construction or plans do not comply with the
7 applicable codes, the official may deny the permit or request
8 for a certificate of occupancy or certificate of completion,
9 as appropriate, or may issue a stop-work order for the project
10 or any portion thereof as provided by law, if the official
11 determines that such noncompliance poses a threat to public
12 safety and welfare, subject to the following:
13 (a) The local building official shall be available to
14 meet with the private provider within 2 business days to
15 resolve any dispute after issuing a stop-work order or
16 providing notice to the applicant denying a permit or request
17 for a certificate of occupancy or certificate of completion.
18 (b) If the local building official and private
19 provider are unable to resolve the dispute, the matter shall
20 be referred to the local enforcement agency's board of
21 appeals, if one exists, which shall consider the matter at its
22 next scheduled meeting or sooner. Any decisions by the local
23 enforcement agency's board of appeals, or local building
24 official if there is no board of appeals, may be appealed to
25 the commission as provided by this chapter pursuant to s.
26 553.77(1)(h).
27 (c) Notwithstanding any provision of this section, any
28 decisions regarding the issuance of a building permit,
29 certificate of occupancy, or certificate of completion may be
30 reviewed by the local enforcement agency's board of appeals,
31 if one exists. Any decision by the local enforcement agency's
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1 board of appeals, or local building official if there is no
2 board of appeals, may be appealed to the commission as
3 provided by this chapter pursuant to s. 553.77(1)(h), which
4 shall consider the matter at the commission's next scheduled
5 meeting.
6 (14)(a) No local enforcement agency, local building
7 official, or local government may adopt or enforce any laws,
8 rules, procedures, policies, qualifications, or standards more
9 stringent than those prescribed by this section.
10 (b) A local enforcement agency, local building
11 official, or local government may establish, for private
12 providers and duly authorized representatives working within
13 that jurisdiction, a system of registration to verify
14 compliance with the licensure requirements of paragraph (1)(g)
15 and the insurance requirements of subsection (15).
16 (c) This section does not limit the authority of the
17 local building official to issue a stop-work order for a
18 building project or any portion of such order, as provided by
19 law, if the official determines that a condition on the
20 building site constitutes an immediate threat to public safety
21 and welfare.
22 (15) A private provider may perform building code
23 inspection services on a building project under this section
24 only if the private provider maintains insurance for
25 professional and comprehensive general liability covering with
26 minimum policy limits of $1 million per occurrence relating to
27 all services performed as a private provider. Such insurance
28 shall have minimum policy limits of $1 million per occurrence
29 and $2 million in the aggregate for any project with a
30 construction cost of $5 million or less and $2 million per
31 occurrence and $4 million in the aggregate for any project
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1 with a construction cost of over $5 million. This section does
2 not limit the ability of a fee owner to require additional
3 insurance or higher policy limits. For these purposes, the
4 term "construction cost" means the total cost of building
5 construction as stated in the building permit application. If
6 the private provider chooses to secure claims-made coverage to
7 fulfill this requirement, the private provider must also
8 maintain, including tail coverage for a minimum of 5 years
9 subsequent to the performance of building code inspection
10 services. The insurance required under this subsection must be
11 written only by insurers authorized to do business in this
12 state with a minimum A.M. Best's rating of A. Before providing
13 building code inspection services within a local building
14 official's jurisdiction, a private provider shall provide to
15 the local building official a certificate of insurance
16 evidencing that the coverages required under this subsection
17 are in force.
18 (17) Each local building code enforcement agency may
19 shall develop and maintain a process to audit the performance
20 of building code inspection services by private providers
21 operating within the local jurisdiction. Work on a building or
22 structure may proceed after inspection and approval by a
23 private provider if the provider has given notice of the
24 inspection pursuant to subsection (8) and, subsequent to such
25 inspection and approval, the work may not be delayed for
26 completion of an inspection audit by the local building code
27 enforcement agency.
28 Section 2. Paragraph (i) of subsection (1) of section
29 468.621, Florida Statutes, is amended to read:
30 468.621 Disciplinary proceedings.--
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1 (1) The following acts constitute grounds for which
2 the disciplinary actions in subsection (2) may be taken:
3 (i) Failing to lawfully execute the duties and
4 responsibilities specified in this part and ss. 553.73,
5 553.781, and 553.79, and 553.791.
6 Section 3. This act shall take effect October 1, 2005.
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8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 1470
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11 The community substitute (CS) amends s. 553.791, F.S., to
replace the term "building" with the term "building or
12 structure." It also amends s. 553.791(2), F.S., to include
the fee owner's contractor as one of the persons that the
13 local enforcement agency may require to provide building
inspection services if already providing plans review.
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The CS deletes the requirement in current law that private
15 providers maintain professional liability insurance with
minimum policy limits of one million dollars per occurrence.
16 It also deletes the reference to tail coverage.
17 The CS requires minimum comprehensive general liability
insurance policy limits for projects that are dependent on the
18 construction cost. It provides that the fee owner may require
additional insurance. It defines the term "construction
19 cost." It provides for claims-made coverage. It requires
that the insurance must be written by an insurer authorized in
20 Florida and with a minimum A.M.Best rating of A. It requires
that the private provider give to the local building official
21 a certificate evidencing the required insurance coverage.
22 The CS amends s. 468.621, F.S., to reference s. 553.791, F.S.
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